S 1285 IS

To provide the President with flexibility to set strategic nuclear delivery system levels to meet United States national security goals.

July 31, 2001

Mr. CORZINE introduced the following bill; which was read twice and referred to the Committee on Armed Services

To provide the President with flexibility to set strategic nuclear delivery system levels to meet United States national security goals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION. 1. SHORT TITLE.

This Act may be cited as the `Strategic Arms Flexibility Act of 2001'.

SEC. 2. FINDINGS.

The Congress makes the following findings:

(1) Reducing the levels of strategic nuclear weapons around the world is in the national security interest of the United States.

(2) The strategic arms reduction treaty referred to as the START I Treaty, signed in 1991 and entered into force in 1994, commits the United States and Russia to a limitation of approximately 6,000 strategic nuclear weapons each.

(3) The strategic arms reduction treaty referred to as the START II Treaty, signed in 1993, ratified by the United States in 1996 and by Russia in 2000, and scheduled to be implemented by 2007, limits each country to 3,000-3,500 strategic nuclear weapons.

(4) The nuclear force levels permitted the United States under the START II Treaty are sufficient to allow the United States to meet its strategic requirements as determined by the most recent Nuclear Posture Review and the Single Integrated Operating Plan.

(5) Section 1302 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85), enacted on November 18, 1997, prohibits the retirement or dismantlement of United States strategic nuclear delivery systems below the START I levels until the START II Treaty enters into force.

(6) The original purpose of the prohibition under section 1302, to encourage Russia to ratify the START II Treaty, was achieved when the Russian Duma approved it on April 2000.

(7) In 1999, Congress amended section 1302 to allow the President flexibility to retire four Trident ballistic missile submarines as provided by the START II Treaty, but not other strategic nuclear delivery systems such as missiles and bombers, before that treaty enters into force.

(8) Unless additional flexibility is granted the President, the Department of Defense will spend more than $700,000,000 through 2007, when the START II Treaty is implemented, to retain 50 Peacekeeper missiles that have been determined to be superfluous to maintenance of the United States nuclear deterrent.

(9) President George W. Bush has called for reductions in the United States strategic arsenal below the START II levels and for removing nuclear weapons from high alert status.

(10) Repeal of the limitation under section 1302 would give the President the flexibility to set strategic nuclear weapons delivery system levels to meet overall national security goals and the requirements of the next Nuclear Posture Review.

SEC. 3. REPEAL OF LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS.

Section 1302 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) is repealed.