113 STAT. 806 PUBLIC LAW 106-65 —OCT. 5, 1999 SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DIS- MANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYS- TEMS. (a) REVISED LIMITATION. —Subsections (a) and (b) of section 1302 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948) are amended to read as follows: "(a) FUNDING LIMITATION.—(1) Except as provided in paragraph (2), funds available to the Department of Defense may not be obligated or expended for retiring or dismantling, or for preparing to retire or dismantle, any of the following strategic nuclear delivery systems below the specified levels: "(A) 76 B-52H bomber aircraft. "(B) 18 Trident ballistic missile submarines. "(C) 500 Minuteman III intercontinental ballistic missiles. "(D) 50 Peacekeeper intercontinental ballistic missiles. "(2) The limitation in paragraph (1)(B) shall be modified in accordance with paragraph (3) upon a certification by the President to Congress of the following: "(A) That the effectiveness of the United States strategic deterrent will not be decreased by reductions in strategic nuclear delivery systems. "(B) That the requirements of the Single Integrated Operational Plan can be met with a reduced number of strategic nuclear delivery systems. "(C) That reducing the number of strategic nuclear delivery systems will not, in the judgment of the President, provide a disincentive for Russia to ratify the START II treaty or serve to undermine future arms control negotiations. "(D) That the United States will retain the ability to increase the delivery capacity of its strategic nuclear delivery systems should threats arise that require more substantial United States strategic forces. "(3) If the President submits the certification described in paragraph (2), then the applicable number in effect under paragraph (1)(B)— "(A) shall be 16 during the period beginning on the date on which such certification is transmitted to Congress and ending on the date specified in subparagraph (B); and "(B) shall be 14 effective as of the date that is 240 days after the date on which such certification is transmitted. "(b) WAIVER AUTHORITY.— If the START II treaty enters into force, the President may waive the application of the limitation in effect under paragraph (1)(B) or (3) of subsection (a), as the case may be, to the extent that the President determines such a waiver to be necessary in order to implement the treaty.". (b) CONFORMING AMENDMENTS. —Such section is further amended— (1) in subsection (c)(2), by striking "during the strategic delivery systems retirement limitation period" and inserting "during the fiscal year during which the START II Treaty enters into force"; and (2) by striking subsection (g). SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS. It is the sense of Congress that, in negotiating a START III Treaty with the Russian Federation, or any other arms control
�
