Hold the LYNE Act

II 116TH CONGRESS 1ST SESSION S. 401 To prohibit the research and development, production, and deployment of the Trident D5 low-yield nuclear warhead, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 2019 Mr. MARKEY (for himself, Mr. MERKLEY, Mrs. FEINSTEIN, Ms. WARREN, Mrs. GILLIBRAND, Mr. VAN HOLLEN, Mr. MURPHY, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To prohibit the research and development, production, and deployment of the Trident D5 low-yield nuclear warhead, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hold the Low-Yield 4 Nuclear Explosive Act’’ or the ‘‘Hold the LYNE Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The United States has an unparalleled nu- 8 clear arsenal, including 1,350 strategic nuclear war- 9 VerDate Sep 11 2014 18:45 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S401.IS S401 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 401 IS heads deployed on intercontinental ballistic missiles, 1 submarine-launched ballistic missiles, and strategic 2 bombers. 3 (2) A new low-yield nuclear weapon to be car- 4 ried on a ballistic missile submarine risks lowering 5 the threshold for nuclear use and increasing the 6 chance of miscalculation that could escalate into all- 7 out nuclear exchange. 8 (3) When launched, such a low-yield nuclear 9 warhead would be indistinguishable to an adversary 10 from the high-yield W76 and W88 submarine- 11 launched warheads. 12 (4) On January 25, 2018, former Secretary of 13 State George Schultz testified before the Committee 14 on Armed Services of the Senate that ‘‘A nuclear 15 weapon is a nuclear weapon. You use a small one, 16 [and] then you go to a bigger one. I think nuclear 17 weapons are nuclear weapons and we need to draw 18 the line there.’’. 19 (5) Former Senator Sam Nunn and former Sec- 20 retary of Energy Ernest Moniz stated in an op-ed on 21 February 1, 2018, that, ‘‘The most immediate pri- 22 ority should be to structure and posture U.S. and 23 Russian nuclear forces to deter nuclear use and re- 24 duce the risk of an accidental, mistaken or unau- 25 VerDate Sep 11 2014 18:45 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S401.IS S401 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 401 IS thorized launch. Against this backdrop, the current 1 Russian concept of ‘escalate to de-escalate’—i.e., 2 limited nuclear use designed to create a pause in the 3 conflict and open a pathway for a negotiated settle- 4 ment on Moscow’s terms—and U.S. calls for more 5 ‘usable’ nuclear weapons taken together make the 6 world a vastly more dangerous place.’’. 7 (6) The ballistic missile submarines of the 8 United States have never carried low-yield nuclear 9 warheads, and setting a historical precedent could 10 undermine the unique and paramount role of bal- 11 listic-missile submarines as the assured, survivable 12 second-strike capability of the United States to deter 13 large-scale nuclear war. 14 (7) The United States should reject policies 15 that increase the likelihood of nuclear war and weak- 16 en national security, including investments in low- 17 yield nuclear weapons. 18 SEC. 3. PROHIBITION ON RESEARCH AND DEVELOPMENT, 19 PRODUCTION, AND DEPLOYMENT OF TRI- 20 DENT D5 LOW-YIELD NUCLEAR WARHEAD. 21 (a) IN GENERAL.—Notwithstanding any other provi- 22 sion of law, none of the funds authorized to be appro- 23 priated or otherwise made available for fiscal year 2019 24 or any fiscal year thereafter for the Department of De- 25 VerDate Sep 11 2014 18:45 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S401.IS S401 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 401 IS fense or the Department of Energy may be obligated or 1 expended for the research and development, production, 2 or deployment of the Trident D5 low-yield nuclear war- 3 head. 4 (b) CONFORMING REPEAL AND RESTORATION.—Sec- 5 tion 3111 of the John S. McCain National Defense Au- 6 thorization Act for Fiscal Year 2019 (Public Law 115– 7 232; 132 Stat. 2289) is repealed, and the provisions of 8 law amended by such section are restored as if such sec- 9 tion had not been enacted. 10 Æ VerDate Sep 11 2014 18:45 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S401.IS S401 pamtmann on DSKBFK8HB2PROD with BILLS