Nuclear Policy and Posture Review Act of 2007

Sens. Feinstein (D-CA) and Collins (R-ME), joined by cosponsors Durbin (D-IL), Kennedy (D-MA), and Casey (D-PA), yesterday introduced S. 1914, “The Nuclear Policy and Posture Review Act of 2007.”

The bill would put the breaks on all funding for the Reliable Replacement Warhead program though Fiscal Year 2010 until the President submits to Congress comprehensive nuclear posture and policy reviews that would be used to assess whether the program is needed.

The text of the bill is not yet available on Thomas, but is available on the Congressional Record, along with Sen. Feinstein’s statement, the beginning of which is provided below.

Mr. President, I rise today with Senator Collins, Senator Durbin, Senator Feingold, Senator Kennedy, and Senator Casey to introduce legislation to authorize a comprehensive review of our nuclear weapons policy and posture.

Before we ramp up funding for the Reliable Replacement Warhead program as the administration has requested, we should have a clear, bipartisan consensus on the role nuclear weapons will play in our national security strategy and the impact they will have on our nuclear nonproliferation efforts.

The Nuclear Policy and Posture Review Act of 2007 does three things.

First, it authorizes the President to conduct a nuclear policy review to consider a range of possible roles of nuclear weapons in U.S. security policy. The administration may reach out to outside experts and conduct public hearings to get a wide range of views. The policy review will provide options and recommendations for a nuclear posture review. This report is due on September 1, 2009.

Second, following the completion of the nuclear policy review, it authorizes the Secretary of Defense to conduct a comprehensive review of the nuclear posture of the U.S. to clarify U.S. nuclear deterrence policy and strategy.

This report is due March 1, 2010.

Finally, it zeros out funding for the Reliable Replacement Warhead program until the policy review and posture review reports have been submitted to Congress.

The full text of S. 1914 is below.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Policy and Posture Review Act of 2007''.

SEC. 2. REVISED NUCLEAR POLICY REVIEW AND NUCLEAR POSTURE REVIEW.

(a) Nuclear Policy Review.--
(1) IN GENERAL.--The President shall conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in United States security policy. The policy review shall be coordinated by the National Security Advisor and shall include the Secretary of State, the Secretary of Energy, the Secretary of Defense, the Director of National Intelligence, the Director of the Office of Management and Budget, and the Director of the Office of Science and Technology Policy.
(2) SCOPE OF REVIEW.--The nuclear policy review conducted under paragraph (1) shall--
(A) address the role and value of nuclear weapons in the current global security environment;
(B) set forth short-term and long-term objectives of United States nuclear weapons policy;
(C) consider the contributions of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the ``Nuclear Non-Proliferation Treaty''), to United States national security, and include recommendations for strengthening the Treaty;
(D) explore the relationship between the nuclear policy of the United States and nonproliferation and arms control objectives and international treaty obligations, including obligations under Article VI of the Nuclear Non-Proliferation Treaty;
(E) determine the role and effectiveness of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, signed at Moscow July 31, 1991 (commonly referred to as the ``START I Treaty''), and the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions, done at Moscow May 24, 2002 (commonly referred to as the ``Moscow Treaty''), in achieving the national security and nonproliferation goals of the United States and in implementing United States military strategy, and describe the elements of a recommended successor treaty, including verification provisions; and
(F) provide policy guidance and make recommendations for the nuclear posture review to be conducted under subsection (b).
(3) OUTSIDE INPUT.--The policy review shall include contributions from outside experts and, to the extent possible, shall include public meetings to consider a range of views.

(b) Nuclear Posture Review.--
(1) IN GENERAL.--Following completion of the nuclear policy review under subsection (a), the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States to clarify United States nuclear deterrence policy and strategy. The Secretary shall conduct the review in collaboration with the Secretary of Energy, the Secretary of State, the Director of National Intelligence, and the National Security Advisor.
(2) ELEMENTS OF REVIEW.--The nuclear posture review conducted under paragraph (1) shall include the following elements:
(A) The role of nuclear forces in United States military strategy, planning, and programming, including the extent to which conventional forces can assume roles previously assumed by nuclear forces.
(B) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture, in light of the guidance provided by the nuclear policy review conducted under subsection (a).
(C) The targeting strategy required to implement effectively the guidance provided by the nuclear policy review conducted under subsection (a).
(D) The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including any plans for removing, replacing, or modifying existing systems.
(E) The nuclear weapons complex that will be required for implementing the United States national and military strategy, including any plans to consolidate, modernize, or modify the complex.
(F) The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying warheads.
(G) An account of the different nuclear postures considered in the review and the reasoning for the selection of the nuclear posture.

(c) Reports Required.--
(1) NUCLEAR POLICY REVIEW.--Not later than September 1, 2009, the President shall submit to Congress a report on the results of the nuclear policy review conducted under subsection (a).
(2) NUCLEAR POSTURE REVIEW.--Not later than March 1, 2010, the President shall submit to Congress a report on the results of the nuclear posture review conducted under subsection (b).
(3) FORM.--Each report required under this subsection shall be submitted in unclassified form, but may contain a classified annex.

(d) Sense of Congress on Use of Nuclear Posture Review.--It is the sense of Congress that the nuclear policy review conducted under subsection (a) should be used as the basis for establishing future strategic arms control objectives and negotiating positions of the United States.

(e) Restriction on Funding of Reliable Replacement Warhead Program.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise made available for the Reliable Replacement Warhead Program for fiscal years 2008, 2009, or 2010 until the reports required under subsection (c) have been submitted to Congress.