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 BRIEFING NOTE:NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
A Side-by-Side Comparison of the Nuclear Provisions in the Senate and House Bills
June 18, 2012ByMary Kaszynski,Derek Bolton,Daniel Painter  
The U.S. Congress is in the process of developing the National Defense Authorization Act for Fiscal Year 2013. The House has already passed itsversion of the bill by a vote of 299 to 120 in May. The Senate will likely take up the Senate Armed Services draft of the bill in July.The two bills contain a number of provisions on the New START Treaty, nuclear weapons funding, and missile defense. In some cases – therestoration of funds for the Chemistry and Metallurgy Research Replacement facility, for example – the two chambers agree. In other cases – notably restrictions on the implementation of the New START Treaty – the two bills differ. As the NDAA process unfolds, this side-by-side comparison provides a reference for visualizing the overlapping provisions and the key differencesin the Senate and House bills.SOURCE DOCUMENTS 
SENATES. 3254:http://www.gpo.gov/fdsys/pkg/BILLS-112s3254pcs/pdf/BILLS-112s3254pcs.pdf Senate Report 112-173:http://www.gpo.gov/fdsys/pkg/CRPT-112srpt173/pdf/CRPT-112srpt173.pdf  HOUSEH.R. 4310:http://www.gpo.gov/fdsys/pkg/BILLS-112hr4310rh/pdf/BILLS-112hr4310rh.pdf House Report 112-479:http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt479/pdf/CRPT-112hrpt479.pdf 
 
SENATE HOUSE
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Page 2 of 10
 
Nuclear Policy
New START, NPR 
 Modernization Funding Report 
1)
 
Requires the president to certify whether strategic deliverysystems modernization is funded at the level laid out in the November 2010 update to the 1251 report (the report required by the 2010 NDAA). (Sec. 1071)
•
 
If the level of funding is less, then the President mustcertify in the report required in section 1043 of the2012 NDAA whether lack of full funding will result ina loss of military capability.
•
 
If yes, then the president must submit a plan to preserve the capability that would be lost.
•
 
The president must also certify a commitment tomodernization set forth in declaration 12 of the NewSTART Treaty.Report language: “The committee believes that the linkage between nuclear modernization and the New STARTTreaty’s implementation is sufficiently established.” (112-173, p 287)
 Modernization Funding and Limits on Reductions
1)
 
Requires the president to certify whether plans to modernizestrategic delivery systems are being executed at the leveloutlined in the 1251 report.Prohibits funding for implementation of New START unlessthe president is able to issue such a certification. (Sec. 1055)2)
 
If appropriations fail to meet the levels set in the 1251 report,the president is required to submit a report on:
•
 
the plan to remedy the shortfall,
•
 
the effects of the shortfall on the “safety, security,reliability, or credibility” of the US nuclear forces,
•
 
and “whether and why, in light of the shortfall, remaininga party to the New START Treaty is in the nationalinterest of the United States.”Prohibits funding for nuclear reductions until the resourceshortfall described in the report has been addressed. (Sec.1053)
 
Report languageSection 1053 “states the Sense of Congress regarding thelinkage between the New START Treaty and modernization
 
SENATE HOUSE
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CBO Report on Nuclear Weapons Costs
•
 
10-year costs of fielding and maintaining the currentnuclear weapons and delivery systems.
•
 
10-year costs of any life extension, modernization, or replacement of any current nuclear weapons or deliverysystems. (Sec. 1073)
 
of the U.S. nuclear weapons stockpile in Condition 9 of theResolution of Ratification of the Treaty.” (p 235)
 NPR Report and Funding Limitation
Prohibits funds to carry out the Nuclear Posture ReviewImplementation Study until the president has certified that:
•
 
The president’s budget request includes the resourcesrequired in the 1251 report,
•
 
The requested level has been provided in anappropriations act,
•
 
and the sequester has been repealed (or the sequester of security funds has been eliminated). (Sec. 1054)Bill language“The only publicly available statements by the administration,including language from the Nuclear Posture Review, suggestthe review was specifically instructed by the President and hissenior political appointees to only consider reductions to thenuclear forces of the United States.” (Sec. 1054)
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