(6) Forty-one Senators wrote to President 
Obama on December 15, 2009, stating, ‘‘we don’t 
believe further reductions can be in the national se-
curity interest of the U.S. in the absence of a sig-
nificant program to modernize our nuclear deter-
rent.’’. 
(7) Former Secretary of Defense and Secretary 
of Energy James Schlesinger stated, while testifying 
before the Committee on Foreign Relations of the 
Senate in April 2010, ‘‘I believe that it is immensely 
important for the Senate to ensure, what the Admin-
istration has stated as its intent, i.e., that there be 
a robust plan with a continuation of its support over 
the full 10 years, before it proceeds to ratify this 
START follow-on treaty.’’. 
(8) Former Secretary of State James Baker 
stated in testimony before the Committee on Foreign 
Relations of the Senate in May 2010 that ‘‘because 
our security is based upon the safety and reliability 
of our nuclear weapons, it is important that our 
Government budget enough money to guarantee that 
those weapons can carry out their mission.’’. 
(9) Former Secretary of State Henry Kissinger 
also stated in May 2010 while testifying before the 
Committee on Foreign Relations of the Senate that 
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‘‘as part of a number of recommendations, my col-
leagues, Bill Perry, George Shultz, Sam Nunn, and 
I have called for significant investments in a re-
paired and modernized nuclear weapons infrastruc-
ture and added resources for the three national lab-
oratories.’’. 
(10) Then Secretary of Defense Robert Gates, 
while testifying before the Committee on Armed 
Services of the Senate in June 2010, stated, ‘‘I see 
this treaty as a vehicle to finally be able to get what 
we need in the way of modernization that we have 
been unable to get otherwise. . . . We are essentially 
the only nuclear power in the world that is not car-
rying out these kinds of modernization programs.’’. 
(11) Secretary Gates further stated that ‘‘I’ve 
been up here for the last four springs trying to get 
money for this and this is the first time I think I’ve 
got a fair shot of actually getting money for our nu-
clear arsenal.’’. 
(12) The Directors of the national nuclear 
weapons laboratories wrote to the chairman and 
ranking member of the Committee on Foreign Rela-
tions of the Senate in December 2010 that ‘‘We are 
very pleased by the update to the Section 1251 Re-
port, as it would enable the laboratories to execute 
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our requirements for ensuring a safe, secure, reliable 
and effective stockpile under the Stockpile Steward-
ship and Management Plan. In particular, we are 
pleased because it clearly responds to many of the 
concerns that we and others have voiced in the past 
about potential future-year funding shortfalls, and it 
substantially reduces risks to the overall program. In 
summary, we believe that the proposed budgets pro-
vide adequate support to sustain the safety, security, 
reliability and effectiveness of America’s nuclear de-
terrent within the limit of 1,550 deployed strategic 
warheads established by the New START Treaty 
with adequate confidence and acceptable risk.’’. 
(13) President Obama pledged, in a December 
2010 letter to several Senators, ‘‘I recognize that 
nuclear modernization requires investment for the 
long-term. . . . That is my commitment to the Con-
gress—that my Administration will pursue these 
programs and capabilities for as long as I am Presi-
dent.’’. 
(14) Secretary Gates added in May 2011 that, 
‘‘this modernization program was very carefully 
worked out between ourselves and the Department 
of Energy; and, frankly, where we came out on that 
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played a fairly significant role in the willingness of 
the Senate to ratify the New START agreement.’’. 
(15) The Administrator for Nuclear Security, 
Thomas D’Agostino, testified before Congress in No-
vember 2011 that, ‘‘it is critical to accept the link-
age between modernizing our current stockpile in 
order to achieve the policy objective of decreasing 
the number of weapons we have in our stockpile, 
while still ensuring that the deterrent is safe, secure, 
and effective.’’. 
SEC. 4. LIMITATION AND REPORT IN THE EVENT OF INSUF-
FICIENT FUNDING FOR MODERNIZATION OF 
NUCLEAR WEAPONS STOCKPILE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) consistent with Condition 9 of the Resolu-
tion of Advice and Consent to Ratification of the 
New START Treaty of the Senate, agreed to on De-
cember 22, 2011, the United States is committed to 
ensuring the safety, security, reliability, and credi-
bility of its nuclear forces; and 
(2) the United States is committed to— 
(A) proceeding with a robust stockpile 
stewardship program and maintaining and mod-
ernizing nuclear weapons production capabilities 
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and capacities of the United States to ensure 
the safety, security, reliability, and credibility of 
the nuclear arsenal of the United States at the 
New START Treaty levels and meeting require-
ments for hedging against possible international 
developments or technical problems; 
(B) reinvigorating and sustaining the nu-
clear security laboratories of the United States 
and preserving the core nuclear weapons com-
petencies therein; and 
(C) providing the resources needed to 
achieve these objectives, at a minimum at the 
levels set forth in the President’s 10-year plan 
provided to Congress in November 2010 pursu-
ant to section 1251 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549). 
(b) INSUFFICIENT FUNDING REPORT AND LIMITA-
TION.— 
(1) IN
GENERAL.—Paragraph (2) of section 
1045(a) of the National Defense Authorization Act 
for Fiscal Year 2012 (50 U.S.C. 2523b) is amended 
to read as follows: 
‘‘(2) INSUFFICIENT FUNDING.— 
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‘‘(A) REPORT.—During each year in which 
the New START Treaty is in force, if the 
President determines that an appropriations 
Act is enacted that fails to meet the resource 
levels set forth in the November 2010 update to 
the plan referred to in section 1251 of the Na-
tional Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 
2549) or if at any time determines that more 
resources are required to carry out such plan 
than were estimated, the President shall submit 
to the appropriate congressional committees, 
within 60 days of making such a determination, 
a report detailing— 
‘‘(i) a plan to remedy the resource 
shortfall; 
‘‘(ii) if more resources are required to 
carry out the plan than were estimated— 
‘‘(I) the proposed level of funding 
required; and 
‘‘(II) an identification of the 
stockpile work, campaign, facility, 
site, asset, program, operation, activ-
ity, construction, or project for which 
additional funds are required; 
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‘‘(iii) any effects caused by the short-
fall on the safety, security, reliability, or 
credibility of the nuclear forces of the 
United States; and 
‘‘(iv) whether and why, in light of the 
shortfall, remaining a party to the New 
START Treaty is in the national interest 
of the United States. 
‘‘(B) LIMITATION.—If the President sub-
mits a report under subparagraph (A), none of 
the funds made available for fiscal year 2012 or 
any fiscal year thereafter for the Department of 
Defense or the National Nuclear Security Ad-
ministration may be used to reduce the number 
of deployed nuclear warheads until— 
‘‘(i) after the date on which such re-
port is submitted, the President certifies in 
writing to the appropriate congressional 
committees that the resource shortfall 
identified in such report has been ad-
dressed; and 
‘‘(ii) a period of 120 days has elapsed 
following the date on which such certifi-
cation is made. 
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‘‘(C) EXCEPTION.—The limitation in sub-
paragraph (B) shall not apply to— 
‘‘(i) reductions made to ensure the 
safety, security, reliability, and credibility 
of the nuclear weapons stockpile and stra-
tegic delivery systems, including activities 
related to surveillance, assessment, certifi-
cation, testing, and maintenance of nuclear 
warheads and strategic delivery systems; or 
‘‘(ii) nuclear warheads that are retired 
or awaiting dismantlement on the date of 
the report under subparagraph (A). 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘appropriate congres-
sional committees’ means— 
‘‘(I) the congressional defense 
committees; and 
‘‘(II) the Committee on Foreign 
Relations of the Senate and the Com-
mittee on Foreign Affairs of the 
House of Representatives. 
‘‘(ii) The term ‘New START Treaty’ 
means the Treaty between the United 
States of America and the Russian Federa-
tion on Measures for the Further Reduc-
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tion and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and en-
tered into force on February 5, 2011.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2012. 
SEC. 5. PROGRESS OF MODERNIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2008, then Secretary of Defense Robert 
Gates warned that ‘‘to be blunt, there is absolutely 
no way we can maintain a credible deterrent and re-
duce the number of weapons in our stockpile without 
either resorting to testing our stockpile or pursuing 
a modernization program.’’. 
(2) The 2010 Nuclear Posture Review stated 
that ‘‘the President has directed a review of post- 
New START arms control objectives, to consider fu-
ture reductions in nuclear weapons. Several factors 
will influence the magnitude and pace of future re-
ductions in U.S. nuclear forces below New START 
levels’’, including— 
(A) ‘‘First, any future nuclear reductions 
must continue to strengthen deterrence of po-
tential regional adversaries, strategic stability 
vis-a`-vis Russia and China, and assurance of 
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our allies and partners. This will require an up-
dated assessment of deterrence requirements; 
further improvements in U.S., allied, and part-
ner non-nuclear capabilities; focused reductions 
in strategic and non-strategic weapons; and 
close consultations with allies and partners. The 
United States will continue to ensure that, in 
the calculations of any potential opponent, the 
perceived gains of attacking the United States 
or its allies and partners would be far out-
weighed by the unacceptable costs of the re-
sponse.’’; 
(B) ‘‘Second, implementation of the Stock-
pile Stewardship Program and the nuclear in-
frastructure investments recommended in the 
NPR will allow the United States to shift away 
from retaining large numbers of non-deployed 
warheads as a hedge against technical or geo-
political surprise, allowing major reductions in 
the nuclear stockpile. These investments are es-
sential to facilitating reductions while sus-
taining deterrence under New START and be-
yond.’’; and 
(C) ‘‘Third, Russia’s nuclear force will re-
main a significant factor in determining how 
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