Sec. 1054. Statement of policy on implementation of any agreement for further arms reduction below the levels of the New START Treaty; limitation on retirement or dismantlement of strategic delivery systems
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Congress finds that it was the Declaration of the United States Senate in its Resolution of Advice and Consent to the New START Treaty that [t]he Senate declares that further arms reduction agreements obligating the United States to reduce or limit the Armed Forces or armaments of the United States in any militarily significant manner may be made only pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution of the United States . Congress reaffirms the Declaration described in paragraph
(1)and states that any agreement for further arms reduction below the levels of the New START Treaty, including those that may seek to use the Treaty’s verification regime, may only be made pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution of the United States or by Act of Congress, as set forth in the Arms Control and Disarmament Act ( 22 U.S.C. 2551 et seq. ). None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to retire, dismantle, or deactivate, or prepare to retire, dismantle, or deactivate, any covered strategic delivery vehicle if such action reduces the number of covered strategic delivery vehicles to less than the 800 required to implement the New START Treaty. In accordance with subsection (c), the President may waive the limitation under paragraph
(1)with respect to a fiscal year if the President submits to the appropriate congressional committees written notification that— the Senate has given its advice and consent to ratification of a nuclear arms reduction treaty with the Russian Federation that requires Russia to significantly and proportionally reduce its number of nonstrategic nuclear warheads, or an international agreement for such purpose is entered into pursuant to an Act of Congress as set forth in the Arms Control and Disarmament Act ( 22 U.S.C. 2551 et seq. ); such treaty or agreement has entered into force; and such waiver is required during such fiscal year to implement such treaty or agreement. If the President makes a waiver under subsection (b)(2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to retire, dismantle, or deactivate, or prepare to retire, dismantle, or deactivate, any covered strategic delivery vehicle until 30 days elapses following the date on which the President submits to the appropriate congressional committees and the congressional intelligence committees written certification that the Russian Federation is in compliance with its nuclear arms control agreements and obligations with the United States. If the President makes a waiver under subsection (b)(2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to retire, dismantle, or deactivate, or prepare to retire, dismantle, or deactivate, any covered strategic delivery vehicle in accordance with a treaty or international agreement entered into pursuant to an Act of Congress requiring such actions unless the President submits to the appropriate congressional committees and the congressional intelligence committees written certification that the intelligence community has high confidence judgments with respect to— the nuclear weapons production capacity of the People’s Republic of China; the nature, number, location, and targetability of the nuclear weapons and strategic delivery systems of China; and the nuclear doctrine of China. The limitations in subsection
(b)and
(c)shall not apply to reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems of the United States, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery system. In this section: The term appropriate congressional committees means the following: The congressional defense committees. The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. The term congressional intelligence committees means the following: The Permanent Select Committee on Intelligence of the House of Representatives. The Select Committee on Intelligence of the Senate. The term covered strategic delivery vehicle means the following: B–52H bomber aircraft. B–2 Spirit bomber aircraft. Trident ballistic missile submarines. Trident II D5 submarine launched ballistic missiles. Minuteman III intercontinental ballistic missiles. The term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
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Sec. 1054
Statement of policy on implementation of any agreement for further arms reduction below the levels of the New START Treaty; limitation on retirement or dismantlement of strategic delivery systems
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