I
107TH CONGRESS
1ST SESSION
H. R. 2013
To provide the President with flexibility to set strategic nuclear delivery
system levels to meet United States national security goals.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2001
Mr. ALLEN (for himself, Mr. MCGOVERN, Mr. ANDREWS, Mr. BRADY of Penn-
sylvania, Mr. EVANS, Ms. BALDWIN, Mr. MARKEY, Mr. STARK, Mr.
FRANK, Mr. TIERNEY, Mr. DOGGETT, Mr. BLUMENAUER, Mr. SNYDER,
Mr. KUCINICH, and Mr. BERMAN) introduced the following bill; which
was referred to the Committee on Armed Services
A BILL
To provide the President with flexibility to set strategic nu-
clear delivery system levels to meet United States na-
tional security goals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Strategic Arms Flexi-
bility 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 en-
tered 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 suffi-
cient to allow the United States to meet its strategic
requirements as determined by the most recent Nu-
clear Posture Review and the Single Integrated Op-
erating Plan.
(5) Section 1302 of the National Defense Au-
thorization 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 Rus-
sian 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, be-
fore 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 re-
ductions in the United States strategic arsenal below
the START II levels and for removing nuclear weap-
ons 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 require-
ments of the next Nuclear Posture Review.
SEC. 3. REPEAL OF LIMITATION ON RETIREMENT OR DIS-
MANTLEMENT OF STRATEGIC NUCLEAR DE-
LIVERY SYSTEMS.
Section 1302 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85) is re-
pealed.
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