Sec. 1639. Limitation on availability of funds for removal or consolidation of dual-capable aircraft from Europe
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/bill/113/hr/4435/pcs/section-1639·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be used for the removal or consolidation of dual-capable aircraft from the area of responsibility of the United States European Command until the Secretary of Defense, in consultation with the Secretary of State, certifies to the appropriate congressional committees that— the armed forces of the Russian Federation are no longer illegally occupying Ukrainian territory; the Russian Federation is no longer violating the INF Treaty; and the Russian Federation is in compliance with the CFE Treaty and has lifted its suspension of Russian observance of its treaty obligations.
The limitation in paragraph
(1)shall not apply in instances where a dual-capable aircraft is being replaced by an F–35 aircraft. The Secretary of Defense may waive the limitation in subsection (a)(1) if— the Secretary of Defense, in coordination with the Secretary of State, submits to the appropriate congressional committees— a notification that such a waiver is in the national security interest of the United States and a description of the national security interest covered by the waiver; certification that such consolidation is consistent with the policy established in the NATO Deterrence and Defense Posture Review of 2012 concerning reciprocal non-strategic nuclear weapons reductions by the Russian Federation; and a report, in unclassified form, explaining why the Secretary of Defense cannot make the certification under subsection (a)(1); and a period of 30 days has elapsed following the date on which the Secretary of Defense submits the information in the report under paragraph (1)(C). The Secretary of Defense shall provide a report on the cost and burden sharing arrangements of forward-deployed nuclear weapons in place with the North Atlantic Treaty Organization and its members and any recommendations for changes to these arrangements. In this section: The term CFE Treaty means the Treaty on Conventional Armed Forces in Europe, signed at Paris November 19, 1990, and entered into force July 17, 1992. The dual-capable aircraft means tactical fighter aircraft that can perform both conventional and nuclear missions. The term INF Treaty means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces
(INF)Treaty, signed at Washington December 8, 1987 and entered into force June 1, 1988.