S.Amdt. 4636

1. Adds SEC. 1239. IMPLEMENTATION OF MODERNIZATION PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY PLATFORMS DURING THE IMPLEMENTATION PERIOD FOR THE START FOLLOW-ON AGREEMENT at the end of subtitle C of title XII

   Adds a section

   In S. 3454 · Placed on Calendar Senate

   (3) Form.--The report under this subsection shall be submitted in unclassified form, but may include a classified annex.

   Inserted: SEC. 1239. IMPLEMENTATION OF MODERNIZATION PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY PLATFORMS DURING THE IMPLEMENTATION PERIOD FOR THE START FOLLOW-ON AGREEMENT.

   Inserted: (a) Sense of Congress.--It is the sense of Congress that--

   Inserted: (1) further reductions in the nuclear forces of the United States are only prudent and in the national security interest of the United States to the extent that the remaining nuclear forces of the United States are safer, more secure, and more reliable; and

   Inserted: (2) due to the inextricable link between safety, security, and reliability of the nuclear deterrent at lower levels, the security guarantees the United States has made to over 30 countries, which are backed up by the extended deterrent, and the uncertainty of modernization plans of other countries regarding their strategic and non-strategic nuclear weapons, the President should not take any action to retire or dismantle, or to prepare to retire or dismantle, any of the covered nuclear systems unless modernization is occurring as proposed in the plan the President submitted to the Congress pursuant to section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549).

   Inserted: (b) Annual Report on the Plan for the Nuclear Weapons Stockpile, Nuclear Weapons Complex, and Delivery Platforms.--Section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549) is amended--

   Inserted: (1) in the section heading, by inserting "annual" before "report on the plan";

   Inserted: (2) in subsection (a)--

   Inserted: (A) in paragraph (1)--

   Inserted: (i) by inserting "and annually thereafter together with the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for each fiscal year in which the New START Treaty remains in effect" after ", whichever is later,";

   Inserted: (ii) by inserting "detailed" before "report on the plan"; and

   Inserted: (iii) in subparagraph (C), by inserting "and modernize" after "maintain";

   Inserted: (B) in paragraph (2)--

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   Inserted: (i) by inserting "detailed" before "description" each place it appears;

   Inserted: (ii) in subparagraph (C), by inserting "and modernize" after "maintain";

   Inserted: (iii) in subparagraph (D), by striking "An estimate" and inserting "A detailed estimate"; and

   Inserted: (iv) by adding at the end the following new subparagraph:

   Inserted: "(E) A detailed description of the steps taken to implement the plan submitted in the previous year."; and

   Inserted: (C) by adding at the end the following new paragraph:

   Inserted: "(3) Consultation.--

   Inserted: "(A) In general.--In preparing the report required under paragraph (1), the President shall consult with the Secretary of Defense and with the Secretary of Energy, who shall consult with the directors of the nuclear weapons enterprise facilities and laboratories, including the Pantex Plant, the Nevada National Security Site, the Kansas City Plant, the Savannah River Site, Y-12 National Security Complex, Lawrence Livermore National Laboratory, Sandia National Laboratories, and Los Alamos National Laboratory on the implementation of and funding for the plans outlined under subparagraphs (A) and (B) of paragraph (2). The directors shall make their judgments known in unclassified form, with a classified annex as necessary.

   Inserted: "(B) Transmission to congress.--The written judgments received from the directors of the national nuclear weapons enterprise facilities and laboratories pursuant to subparagraph (A) shall be included, unchanged, together with the report submitted under paragraph (1)."; and

   Inserted: (3) in subsection (b)--

   Inserted: (A) in paragraph (2), by striking "; and" and inserting a semicolon;

   Inserted: (B) in paragraph (3), by striking the period at the end and inserting "; and"; and

   Inserted: (C) by adding at the end the following new paragraph:

   Inserted: "(4) if the modernization plan is not funded consistent with the annual report required under subsection (a), such failure would jeopardizes the supreme interests of the United States and are potential grounds for the withdrawal of the United States from the New START Treaty in accordance with Article XIV of the Treaty."

   Inserted: (c) Limitation on Use of Funds.--Neither the Secretary of Defense nor the Secretary of Energy may obligate or expend any amounts appropriated or otherwise made available to the Department of Defense or the Department of Energy for any of fiscal years 2011 through 2017 to retire, dismantle, or eliminate any of the covered nuclear systems until one year after the date on which the President submits to the congressional defense committees written notice of such proposed retirement, dismantlement, or elimination.

   Inserted: (d) Covered Nuclear Systems Defined.--In this section, the term "covered nuclear systems" means--

   Inserted: (1) B-52H or B2 bomber aircraft, and Nuclear Air Launched Cruise Missiles;

   Inserted: (2) Trident ballistic missile submarines, launch tubes, and Trident D-5 Submarine launched ballistic missiles;

   Inserted: (3) Minuteman III intercontinental ballistic missiles and associated silos; and

   Inserted: (4) nuclear warheads or gravity bombs that can be delivered by the systems specified in paragraphs (1) through (3).

   Original wording

   At the end of subtitle C of title XII, add the following:

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As printed