S.Amdt. 4641

SA 4641. Mr. CORKER (for himself and Mr. Kyl) submitted an amendment intended to be proposed to amendment SA 4636 submitted by Mr. Kyl (for himself, Mr. Corker, Mr. Sessions, and Mr. Inhofe) and intended to be proposed to the bill S. 3454, to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 6 of the amendment, strike lines 4 through 14 and insert the following:

(c) Resource Requirements.--If appropriations are enacted that fail to meet the resource requirements set forth in the plan submitted by the President pursuant to section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549), or if at any time more resources are required than estimated in the President's 10-year plan, the President shall submit to the Congress, within 60 days of such enactment or the identification of the requirement for additional resources, a report detailing--

(1) how the President proposes to remedy the resource shortfall and when the resource shortfall will be remedied;

(2) if additional resources are required, the proposed level of funding required and an identification of the stockpile work, campaign, facility, site, asset, program, operation, activity, construction, or project for which additional funds are required;

(3) the impact of the resource shortfall on the safety, reliability, and performance of United States nuclear forces; and

(4) whether and why, in the changed circumstances brought about by the resource shortfall, it remains in the national interest of the United States to remain a party to the New START Treaty.

(d) 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.

(e) Covered Nuclear Systems Defined.--In this