S.Amdt. 2463

SA 2463. Mr. VAN HOLLEN (for himself, Mr. Durbin, Mrs. Feinstein, Mr.
Udall, Mr. Coons, and Mr. Markey) submitted an amendment intended to be
proposed to amendment SA 2301 proposed by Mr. Inhofe to the bill S.
4049, to authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the
following:

SEC. 12__. REQUIREMENTS RELATING TO THE NEW START TREATY.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should extend until February 2026 the
New START Treaty unless the President determines and notifies
the appropriate committees of Congress that--
(A) the Russian Federation is in material breach of the New
START Treaty; or
(B) the United States and the Russian Federation have
entered into a new arms control agreement to replace the New
START Treaty that provides equal or greater constraints,
transparency, and verification measures with respect to the
nuclear forces of the Russian Federation;
(2) extending the New START Treaty would facilitate efforts
by the United States to pursue additional arms control
measures with the Russian Federation, including measures to
address nonstrategic nuclear weapons and long-range strategic
delivery systems of the Russian Federation that are under
development and not covered by the New START Treaty;
(3) the United States should pursue more frequent bilateral
and multilateral talks on nuclear risk reduction and arms
control measures to address a changing global strategic
environment; and
(4) an extension of the New START Treaty would facilitate
efforts by the United States to limit the size and growth of
the nuclear arsenal of the People's Republic of China.
(b) Certifications in the Absence of Extension of the New
START Treaty.-- In the case of the expiration of the New
START Treaty in the absence of a new arms control agreement
between the United States and the Russian Federation to
replace the New START Treaty that provides equal or greater
constraints, transparency, and verification measures with
respect to the nuclear forces of the Russian Federation, on
the date of such expiration, the President shall submit to
the appropriate committees of Congress a justification for
having allowed the New START Treaty to expire.
(c) Reports.--
(1) Director of national intelligence report on people's
republic of china nuclear forces.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on the size and posture of the strategic
nuclear forces of the People's Republic of China.
(B) Elements.--The report required by subparagraph (A)
shall include the following elements:
(i) An assessment of the size, force structure, and
operational status of the long-range nuclear-capable delivery
vehicles of the People's Republic of China that meet the
definition of systems counted under the New START Treaty.
(ii) The number of nuclear warheads possessed by the
Government of the People's Republic of China.
(iii) A description of the efforts of the Government of the
People's Republic of China to modernize and modify its
nuclear force structure.
(iv) A description of the potential changes to the nuclear
force structure and posture of the People's Republic of China
if the United States and the Russian Federation are no longer
bound by the limits in the New START Treaty.
(C) Form.--The report required by subparagraph (A) shall be
submitted in unclassified form but may include a classified
annex.
(2) Secretary of state briefing on the people's republic of
china nuclear forces.--Not later than 60 days after the date
of the enactment of this Act, and every 180 days thereafter,
the Secretary of State, in consultation with the Secretary of
Defense, shall provide a briefing to the appropriate
committees of Congress that includes the following:
(A) A description of any discussion with the Government of
the People's Republic of China on the New START Treaty or a
similar agreement on the reduction and limitation of
strategic offensive weapons at the Assistant Secretary,
Ambassadorial level or higher.
(B) The date, location, discussion topic, and name of
Chinese individuals involved in any such discussion.
(C) An identification of the United States Government
departments and agencies involved in any such discussion.
(D) The types of delivery systems, including nuclear and
nonnuclear delivery systems, discussed by the Government of
the United States or the Government of the People's Republic
of China as the potential subjects of an agreement in any
such discussion.
(3) United states nuclear force structure.--
(A) In general.--Not later than June 5, 2021, in the case
of the expiration of the New START Treaty or a termination
under Article XIV of the Treaty, the Secretary of Defense and
the Administrator of the National Nuclear Security
Administration, in coordination with the Secretary of the
Navy, the Secretary of the Air Force, and the Commander of
the United States Strategic Command, shall submit to the
appropriate committees of Congress a report on changes to the
predicted nuclear force structure of the United States in the
absence of New START Treaty limits.
(B) Elements.--The report required under subparagraph (A)
shall include the following:
(i) The information required to be submitted in the report
required by section 1043 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1576).
(ii) A description of the size, composition, and posture of
the alternative nuclear force structures of the United States
through February 2026 necessary for meeting the objectives of
nuclear deterrence, extended deterrence, assurance of allies,
and defense for each of the following potential scenarios:

(I) The Russian Federation is increasing its strategic
nuclear forces above New START Treaty limits in a militarily
significant way.
(II) The Russian Federation is increasing its strategic
nuclear forces above New START Treaty limits but not in a
militarily significant way.
(III) The Russian Federation is staying below New START
Treaty limits.

(iii) With respect to the description for each potential
scenario described in clause (ii), the following:

(I) A description of deployed and non-deployed
intercontinental ballistic missiles, submarine-launched
ballistic missiles, and heavy bombers (as defined in the New
START Treaty).
(II) The types and number of warheads for each deployed
delivery vehicle described in subparagraph (I).
(III) The number of non-deployed and retired warheads.
(IV) A description of changes necessary to increase United
States nuclear forces above the central limits of the New
START Treaty, including--

(aa) the manner in which each military department plans to
implement such changes, including an implementation schedule
and associated key decision points; and
(bb) a description of the associated costs, the technical
and operational implications,

[[Page S4296]]

and impact of such changes on nuclear modernization program
costs and timelines.
(d) Prohibitions on Increase in Certain Warheads and
Deployed Delivery Vehicles.--
(1) Warheads.--In the case of the expiration of the New
START Treaty or a termination under Article XIV of the
Treaty, none of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2021 for
the Department of Defense may be obligated or expended to
increase above 1,550 the number of deployed warheads on
launchers for intercontinental ballistic missiles, submarine-
launched ballistic missiles, and heavy bombers, consistent
with the counting rules of the New START Treaty, unless each
of the following conditions are met:
(A) Not less than 120 days before the planned date of such
deployment, the President submits to the appropriate
committees of Congress--
(i) a description of the type and number of warheads to be
added to the deployed force;
(ii) a description of the type and number of delivery
systems on which each warhead described in subparagraph (A)
is deployed;
(iii) a certification by the Commander of the United States
Strategic Command, in coordination with the Secretary of
Defense and the Secretary of State, that the added warheads
are necessary for meeting United States targeting
requirements and objectives with respect to nuclear
deterrence, extended deterrence, assurance of allies, and
defense;
(iv) a description of the associated costs, the technical
and operational implications, and impact of such deployment
on nuclear modernization program costs and timelines;
(v) a justification with respect to the strategic and
threat environments that necessitate such deployment; and
(vi) an assessment of the likely political and military
responses and countermeasures by the Russian Federation and
People's Republic of China to such deployment, including the
strategic and threat implications of such responses and
countermeasures.
(B) Not less than 120 days before the planned date of such
deployment, the Director of National Intelligence submits to
the appropriate committees of Congress an assessment
described in paragraph (3).
(C) On or after the date on which the reports described in
subparagraphs (A) and (B) are submitted, Congress has
adopted, and there is enacted, a joint resolution stating
that Congress approves such deployment.
(2) Deployed delivery systems.--In the case of the
expiration of the New START Treaty or a termination under
Article XIV of the Treaty, none of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2021 for the Department of Defense may be
obligated or expended to increase above 700 the number of
intercontinental ballistic missiles, submarine-launched
ballistic missiles, and heavy bombers that count as deployed
under the terms of the New START Treaty unless each of the
following conditions are met:
(A) Not less than 120 days before the planned date of such
deployment, the President submits to the appropriate
committees of Congress--
(i) a description of the type and number of delivery
systems to be added to the deployed force;
(ii) a description of the necessary changes to the
composition of deployed intercontinental ballistic missiles,
submarine-launched ballistic missiles, and heavy bombers with
respect to the deployment described in clause (i);
(iii) a description of the number and types of warheads
added to the deployed force for each delivery system
described in clause (ii);
(iv) a certification by the Commander of the United States
Strategic Command, in coordination with the Secretary of
Defense, that the added launchers are necessary for meeting
United States targeting requirements and objectives with
respect to nuclear deterrence, extended deterrence, assurance
of allies, and defense;
(v) a description of the associated costs, the technical
and operational implications and impact of such deployment on
nuclear modernization program costs and timelines;
(vi) a justification with respect to the strategic and
threat environments that necessitate such deployment; and
(vii) an assessment of the likely political and military
responses and countermeasures by the Russian Federation and
People's Republic of China to such deployment, including the
strategic and threat implications of such responses and
countermeasures.
(B) Not less than 120 days before the planned date of such
deployment, the Director of National Intelligence submits to
the appropriate committees of Congress the assessment
described in paragraph (3).
(C) On or after the date on which the reports described in
subparagraphs (A) and (B) are submitted, Congress has
adopted, and there is enacted, a joint resolution stating
that Congress approves such deployment.
(3) Director of national intelligence assessment.--
(A) In general.--The assessment described in this paragraph
is an assessment of the size, composition, and posture of the
strategic nuclear forces of the Russian Federation.
(B) Elements.-- An assessment described in this paragraph
shall include the following:
(i) An assessment of the size, composition, and posture of
deployed and non-deployed intercontinental ballistic
missiles, submarine-launched ballistic missiles, and heavy
bombers (as defined in the New START Treaty) of the Russian
Federation.
(ii) An assessment of the number of deployed warheads on
the intercontinental ballistic missiles, submarine-launched
ballistic missiles, and heavy bombers of the Russian
Federation, consistent with the counting rules under the New
START Treaty.
(C) Form.--An assessment described in this paragraph shall
be submitted in unclassified form, but may include a
classified annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(2) New start treaty; treaty.--The terms ``New START
Treaty'' and ``Treaty'' mean 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 at Prague April 8, 2010, and entered into force
February 5, 2011.
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