S 1097 New START Treaty Implementation Act

About S.1097

New START Treaty Implementation Act - Authorizes FY2012 appropriations for the Department of Energy for the National Nuclear Security Administration to carry out national security programs, including a set-aside for weapons activities. Prohibits, with joint waiver authority, the Secretary of Defense (DOD) and the Secretary of Energy (DOE) from obligating or expending FY2011-FY2017 amounts appropriated or otherwise made available to DOD or DOE to retire any covered U.S. nuclear system as required by the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (New START Treaty). States that such provision shall not be construed to limit any action (including verification) required by the New START Treaty other than retiring any covered U.S. nuclear system. Prohibits the Secretaries from obligating or expending amounts appropriated to DOD or DOE to retire, dismantle, or eliminate any non-deployed strategic or non-strategic nuclear weapon until 90 days after the Secretary of Energy certifies to Congress that certain uranium and plutonium facilities are fully functional. Prohibits the President from:

• (1) unilaterally reducing U.S. deployed or non-deployed nuclear weapons below New START Treaty levels unless required by treaty, or
• (2) making changes to the U.S. nuclear employment strategy without reporting to Congress on such proposed changes

Directs the Secretary of Defense to conduct a force analysis for Congress of current and proposed U.S. nuclear forces to determine whether such forces are capable of meeting U.S. nuclear deterrence and defense objectives in the context of current and anticipated nuclear and non-nuclear forces of the Russian Federation and other countries. Requires specified officials to provide the Secretary of Defense and the Nuclear Weapons Council with an annual assessment of:

• (1) nuclear weapons delivery platforms, and
• (2) the nuclear command and control system

States that any agreement with a country or international organization or amendment to the New START Treaty concerning the limitation of U.S. missile defense capabilities shall not be binding on the United States, and shall not enter into force with respect to the United States, unless it is approved with the advice and consent of the Senate. Prohibits funds available to the Department of State or any other federal department or agency from being obligated for travel expenses related to treaty negotiations concerning the possible reduction of covered U.S. nuclear systems until the President certifies to Congress that that such negotiations will not include restricting U.S. missile defense capabilities. Directs the President to report annually on the plan for modernization of:

• (1) the nuclear weapons stockpile,
• (2) the nuclear weapons complex, and
• (3) the delivery systems

Directs the Secretary of Energy to use specified funds to accelerate the design and construction of the:

• (1) Chemistry and Metallurgy Research Replacement nuclear facility, and
• (2) Uranium Procesing Facility

States that it is U.S. policy:

• (1) that conventionally armed, strategic weapons systems not co-located with nuclear armed systems do not affect strategic stability between the United States and the Russian Federation;
• (2) to pursue negotiations with the Russian Federation aimed at the reduction of Russian deployed and non-deployed non-strategic nuclear forces; and
• (3) to maintain its commitment to extended nuclear defense with the North Atlantic Treaty Organization (NATO)

Prohibits the reduction, consolidation, or withdrawal of U.S. nuclear forces based in Europe unless:

• (1) requested by the government of the host nation; or
• (2) the President certifies that NATO supports such action, and each NATO member state has separately concurred that the remaining U.S. nuclear forces in Europe provide a commensurate level of assurance.