Sentinel Nuclear Deterrence Act of 2023

II 118TH CONGRESS 1ST SESSION S. 2017 To provide multiyear procurement authority for LGM–35A Sentinel intercontinental ballistic missiles, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 15, 2023 Mr. ROMNEY (for himself, Mrs. FISCHER, Ms. LUMMIS, Mr. LEE, Mr. BAR- RASSO, Mr. RICKETTS, and Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide multiyear procurement authority for LGM–35A Sentinel intercontinental ballistic missiles, 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 ‘‘Sentinel Nuclear De- 4 terrence Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 2017 IS (1) Nuclear deterrence is a foundation of 1 United States national security and the security of 2 United States allies. 3 (2) The nuclear triad provides nuclear deter- 4 rence through land-, sea-, and air-based forces. 5 (3) The land-based leg of the nuclear triad is 6 represented by the LGM–30G Minuteman III inter- 7 continental ballistic missile weapon system, which 8 was first deployed more than 50 years ago. 9 (4) In order to modernize the land-based leg of 10 the nuclear triad, the Air Force will replace the 11 LGM–30G Minuteman III intercontinental ballistic 12 missile weapon system with the LGM–35A Sentinel 13 intercontinental ballistic missile weapon system. 14 (5) According to the 2022 United States Nu- 15 clear Posture Review, the People’s Republic of China 16 ‘‘has embarked on an ambitious expansion, mod- 17 ernization, and diversification of its nuclear forces’’ 18 and the Russian Federation continues to ‘‘modernize 19 and expand its nuclear forces’’. 20 (6) The rapid modernization of the land-based 21 leg of the nuclear triad and deployment of the Sen- 22 tinel weapon system is vital to nuclear deterrence 23 and the national security of the United States and 24 its allies. 25 VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 2017 IS (7) The supporting infrastructure of the Sen- 1 tinel weapon system will require a complex effort 2 that will involve the construction or renovation of 3 hundreds of facilities. 4 (8) The Sentinel Systems Directorate is prin- 5 cipally located at Hill Air Force Base, Utah. 6 (9) Sentinel intercontinental ballistic missiles 7 will replace the Minuteman III intercontinental bal- 8 listic missiles in missile fields at— 9 (A) F.E. Warren Air Force Base, Wyo- 10 ming; 11 (B) Malmstrom Air Force Base, Montana; 12 and 13 (C) Minot Air Force Base, North Dakota. 14 (10) Other support actions for the Sentinel 15 weapon system will take place at— 16 (A) Hill Air Force Base, Utah; 17 (B) Utah Test and Training Range, Utah; 18 (C) Camp Guernsey, Wyoming; and 19 (D) Camp Navajo, Arizona. 20 SEC. 3. MULTIYEAR PROCUREMENT AUTHORITY FOR LGM– 21 35A SENTINEL INTERCONTINENTAL BAL- 22 LISTIC MISSILES. 23 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 24 VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 2017 IS (1) IN GENERAL.—Subject to the provisions of 1 section 3501 of title 10, United States Code, de- 2 scribed in paragraph (3), the Secretary of the Air 3 Force may enter into one or more multiyear con- 4 tracts for the procurement of not more than 659 5 LGM–35A Sentinel intercontinental ballistic mis- 6 siles. 7 (2) PROCUREMENT IN CONJUNCTION WITH EX- 8 ISTING CONTRACTS.—The missiles authorized to be 9 procured under paragraph (1) may be procured as 10 additions to existing contracts covering the Sentinel 11 intercontinental ballistic missile weapon system pro- 12 gram. 13 (3) PROVISIONS DESCRIBED.—The provisions of 14 section 3501 of title 10, United States Code, de- 15 scribed in this paragraph are the following: 16 (A) Subsection (a)(1). 17 (B) Subsection (f). 18 (C) Subsection (g), in which the term 19 ‘‘contract described in subsection (a)’’ shall 20 mean a contract awarded pursuant to the au- 21 thority provided by this subsection. 22 (D) Subsection (i)(1). 23 (E) Subsection (l)(3). 24 VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 2017 IS (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 1 Secretary of the Air Force may enter into one or more 2 contracts, beginning in fiscal year 2024, for advance pro- 3 curement associated with the missiles for which authoriza- 4 tion to enter into a multiyear procurement contract is pro- 5 vided under subsection (a), and for subsystems associated 6 with such missiles in economic order quantities when cost 7 savings are achievable. 8 (c) CONDITION FOR OUT-YEAR CONTRACT PAY- 9 MENTS.—A contract entered into under subsection (a) 10 shall provide that any obligation of the United States to 11 make a payment under the contract for a fiscal year after 12 fiscal year 2024 is subject to the availability of appropria- 13 tions or funds for that purpose for such later fiscal year. 14 (d) MANDATORY INCLUSION OF PRE-PRICED OPTION 15 IN CERTAIN CIRCUMSTANCES.— 16 (1) IN GENERAL.—If the total base quantity of 17 LGM–35A Sentinel intercontinental ballistic missiles 18 to be procured through all contracts is less than 19 659, the Secretary of the Air Force shall ensure that 20 one or more of the contracts includes a pre-priced 21 option for the procurement of additional such mis- 22 siles such that the sum of such base quantity and 23 the number of such missiles that may be procured 24 VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 2017 IS through the exercise of such options is equal to 659 1 missiles. 2 (2) DEFINITIONS.—In this subsection: 3 (A) BASE QUANTITY.—The term ‘‘base 4 quantity’’ means the quantity of LGM–35A 5 Sentinel intercontinental ballistic missiles to be 6 procured under contracts excluding any quan- 7 tity of such missiles that may be procured 8 through the exercise of an option that may be 9 part of such a contract. 10 (B) PRE-PRICED OPTION.—The term ‘‘pre- 11 priced option’’ means a contract option for a 12 contract that, if exercised, would allow the Sec- 13 retary of the Air Force to procure a quantity of 14 LGM–35A Sentinel intercontinental ballistic 15 missiles at a predetermined price specified in 16 such contract. 17 SEC. 4. REPORT ON NATIONAL LAND-BASED DETERRENCE 18 FUND. 19 (a) IN GENERAL.—Not later than 90 days after the 20 date of the enactment of this Act, the Secretary of Defense 21 shall submit to the congressional defense committees a re- 22 port on the advisability of creating a National Land-Based 23 Deterrence Fund. 24 VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 2017 IS (b) ELEMENTS.—The report required by subsection 1 (a) shall include the following elements: 2 (1) An assessment of the efficiencies and cost 3 savings that could be gained if a National Land- 4 Based Deterrence Fund, similar to the National 5 Sea-Based Deterrence Fund established by section 6 2218a of title 10, United States Code, were to be es- 7 tablished by statute. 8 (2) Recommendations on cost elements of the 9 Sentinel intercontinental ballistic missile weapon sys- 10 tem program to be included in the fund, including 11 an analysis of potential efficiencies and cost savings 12 to be gained by including cost elements involving 13 construction of launch facilities and other facilities 14 and infrastructure required for the deployment and 15 operation of the Sentinel weapon system. 16 SEC. 5. REPORT ON ACTIONS TO HELP STABILIZE AVAIL- 17 ABILITY OF KEY COMMODITIES FOR CON- 18 STRUCTION ASSOCIATED WITH SENTINEL 19 INTERCONTINENTAL BALLISTIC MISSILE 20 WEAPON SYSTEM PROGRAM. 21 (a) IN GENERAL.—Not later than 90 days after the 22 date of the enactment of this Act, the Assistant Secretary 23 of Defense for Industrial Base Policy and the Secretary 24 of the Air Force shall jointly submit to the congressional 25 VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 2017 IS defense committees a report that addresses how the De- 1 partment of Defense can take actions to help stabilize the 2 availability of key commodities, including concrete and 3 steel, for construction associated with the Sentinel inter- 4 continental ballistic missile weapon system program. 5 (b) ELEMENTS.—The report required by subsection 6 (a) shall include the following elements: 7 (1) A description of different options for achiev- 8 ing the objective described in subsection (a). 9 (2) An analysis of the degree to which use of 10 authorities under title III of the Defense Production 11 Act of 1950 (50 U.S.C. 4531 et seq.) or advance 12 procurement authorities for key commodities could 13 achieve such objective. 14 SEC. 6. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 15 In this Act, the term ‘‘congressional defense commit- 16 tees’’ has the meaning given that term in section 17 101(a)(16) of title 10, United States Code. 18 Æ VerDate Sep 11 2014 22:20 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S2017.IS S2017 pbinns on DSKJLVW7X2PROD with $$_JOB