II

107TH CONGRESS

1ST SESSION S. 1285

To provide the President with flexibility to set strategic nuclear delivery

system levels to meet United States national security goals.

IN THE SENATE OF THE UNITED STATES

JULY 31, 2001

Mr. CORZINE introduced the following bill; which was read twice and referred

to the Committee on Armed Services

A BILL

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Strategic Arms Flexi5 bility Act of 2001’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) Reducing the levels of strategic nuclear

9 weapons around the world is in the national security

10 interest of the United States.
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1 (2) The strategic arms reduction treaty referred

2 to as the START I Treaty, signed in 1991 and en3 tered into force in 1994, commits the United States

4 and Russia to a limitation of approximately 6,000

5 strategic nuclear weapons each.

6 (3) The strategic arms reduction treaty referred

7 to as the START II Treaty, signed in 1993, ratified

8 by the United States in 1996 and by Russia in

9 2000, and scheduled to be implemented by 2007,

10 limits each country to 3,000–3,500 strategic nuclear

11 weapons.

12 (4) The nuclear force levels permitted the

13 United States under the START II Treaty are suffi14 cient to allow the United States to meet its strategic

15 requirements as determined by the most recent Nu16 clear Posture Review and the Single Integrated Op17 erating Plan.

18 (5) Section 1302 of the National Defense Au19 thorization Act for Fiscal Year 1998 (Public Law

20 105–85), enacted on November 18, 1997, prohibits

21 the retirement or dismantlement of United States

22 strategic nuclear delivery systems below the START

23 I levels until the START II Treaty enters into force.

24 (6) The original purpose of the prohibition

25 under section 1302, to encourage Russia to ratify
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1 the START II Treaty, was achieved when the Rus2 sian Duma approved it on April 2000.

3 (7) In 1999, Congress amended section 1302 to

4 allow the President flexibility to retire four Trident

5 ballistic missile submarines as provided by the

6 START II Treaty, but not other strategic nuclear

7 delivery systems such as missiles and bombers, be8 fore that treaty enters into force.

9 (8) Unless additional flexibility is granted the

10 President, the Department of Defense will spend

11 more than $700,000,000 through 2007, when the

12 START II Treaty is implemented, to retain 50

13 Peacekeeper missiles that have been determined to

14 be superfluous to maintenance of the United States

15 nuclear deterrent.

16 (9) President George W. Bush has called for re17 ductions in the United States strategic arsenal below

18 the START II levels and for removing nuclear weap19 ons from high alert status.

20 (10) Repeal of the limitation under section

21 1302 would give the President the flexibility to set

22 strategic nuclear weapons delivery system levels to

23 meet overall national security goals and the require24 ments of the next Nuclear Posture Review.
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1 SEC. 3. REPEAL OF LIMITATION ON RETIREMENT OR DIS2 MANTLEMENT OF STRATEGIC NUCLEAR DE3 LIVERY SYSTEMS.

4 Section 1302 of the National Defense Authorization

5 Act for Fiscal Year 1998 (Public Law 105–85) is re6 pealed.

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