[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2017 Introduced in Senate (IS)]

<DOC>






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. 
Barrasso, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sentinel Nuclear Deterrence Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Nuclear deterrence is a foundation of United States 
        national security and the security of United States allies.
            (2) The nuclear triad provides nuclear deterrence through 
        land-, sea-, and air-based forces.
            (3) The land-based leg of the nuclear triad is represented 
        by the LGM-30G Minuteman III intercontinental ballistic missile 
        weapon system, which was first deployed more than 50 years ago.
            (4) In order to modernize the land-based leg of the nuclear 
        triad, the Air Force will replace the LGM-30G Minuteman III 
        intercontinental ballistic missile weapon system with the LGM-
        35A Sentinel intercontinental ballistic missile weapon system.
            (5) According to the 2022 United States Nuclear Posture 
        Review, the People's Republic of China ``has embarked on an 
        ambitious expansion, modernization, and diversification of its 
        nuclear forces'' and the Russian Federation continues to 
        ``modernize and expand its nuclear forces''.
            (6) The rapid modernization of the land-based leg of the 
        nuclear triad and deployment of the Sentinel weapon system is 
        vital to nuclear deterrence and the national security of the 
        United States and its allies.
            (7) The supporting infrastructure of the Sentinel weapon 
        system will require a complex effort that will involve the 
        construction or renovation of hundreds of facilities.
            (8) The Sentinel Systems Directorate is principally located 
        at Hill Air Force Base, Utah.
            (9) Sentinel intercontinental ballistic missiles will 
        replace the Minuteman III intercontinental ballistic missiles 
        in missile fields at--
                    (A) F.E. Warren Air Force Base, Wyoming;
                    (B) Malmstrom Air Force Base, Montana; and
                    (C) Minot Air Force Base, North Dakota.
            (10) Other support actions for the Sentinel weapon system 
        will take place at--
                    (A) Hill Air Force Base, Utah;
                    (B) Utah Test and Training Range, Utah;
                    (C) Camp Guernsey, Wyoming; and
                    (D) Camp Navajo, Arizona.

SEC. 3. MULTIYEAR PROCUREMENT AUTHORITY FOR LGM-35A SENTINEL 
              INTERCONTINENTAL BALLISTIC MISSILES.

    (a) Authority for Multiyear Procurement.--
            (1) In general.--Subject to the provisions of section 3501 
        of title 10, United States Code, described in paragraph (3), 
        the Secretary of the Air Force may enter into one or more 
        multiyear contracts for the procurement of not more than 659 
        LGM-35A Sentinel intercontinental ballistic missiles.
            (2) Procurement in conjunction with existing contracts.--
        The missiles authorized to be procured under paragraph (1) may 
        be procured as additions to existing contracts covering the 
        Sentinel intercontinental ballistic missile weapon system 
        program.
            (3) Provisions described.--The provisions of section 3501 
        of title 10, United States Code, described in this paragraph 
        are the following:
                    (A) Subsection (a)(1).
                    (B) Subsection (f).
                    (C) Subsection (g), in which the term ``contract 
                described in subsection (a)'' shall mean a contract 
                awarded pursuant to the authority provided by this 
                subsection.
                    (D) Subsection (i)(1).
                    (E) Subsection (l)(3).
    (b) Authority for Advance Procurement.--The Secretary of the Air 
Force may enter into one or more contracts, beginning in fiscal year 
2024, for advance procurement associated with the missiles for which 
authorization to enter into a multiyear procurement contract is 
provided under subsection (a), and for subsystems associated with such 
missiles in economic order quantities when cost savings are achievable.
    (c) Condition for Out-Year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2024 is subject to the availability of appropriations 
or funds for that purpose for such later fiscal year.
    (d) Mandatory Inclusion of Pre-Priced Option in Certain 
Circumstances.--
            (1) In general.--If the total base quantity of LGM-35A 
        Sentinel intercontinental ballistic missiles to be procured 
        through all contracts is less than 659, the Secretary of the 
        Air Force shall ensure that one or more of the contracts 
        includes a pre-priced option for the procurement of additional 
        such missiles such that the sum of such base quantity and the 
        number of such missiles that may be procured through the 
        exercise of such options is equal to 659 missiles.
            (2) Definitions.--In this subsection:
                    (A) Base quantity.--The term ``base quantity'' 
                means the quantity of LGM-35A Sentinel intercontinental 
                ballistic missiles to be procured under contracts 
                excluding any quantity of such missiles that may be 
                procured through the exercise of an option that may be 
                part of such a contract.
                    (B) Pre-priced option.--The term ``pre-priced 
                option'' means a contract option for a contract that, 
                if exercised, would allow the Secretary of the Air 
                Force to procure a quantity of LGM-35A Sentinel 
                intercontinental ballistic missiles at a predetermined 
                price specified in such contract.

SEC. 4. REPORT ON NATIONAL LAND-BASED DETERRENCE FUND.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the advisability of 
creating a National Land-Based Deterrence Fund.
    (b) Elements.--The report required by subsection (a) shall include 
the following elements:
            (1) An assessment of the efficiencies and cost savings that 
        could be gained if a National Land-Based Deterrence Fund, 
        similar to the National Sea-Based Deterrence Fund established 
        by section 2218a of title 10, United States Code, were to be 
        established by statute.
            (2) Recommendations on cost elements of the Sentinel 
        intercontinental ballistic missile weapon system program to be 
        included in the fund, including an analysis of potential 
        efficiencies and cost savings to be gained by including cost 
        elements involving construction of launch facilities and other 
        facilities and infrastructure required for the deployment and 
        operation of the Sentinel weapon system.

SEC. 5. REPORT ON ACTIONS TO HELP STABILIZE AVAILABILITY OF KEY 
              COMMODITIES FOR CONSTRUCTION ASSOCIATED WITH SENTINEL 
              INTERCONTINENTAL BALLISTIC MISSILE WEAPON SYSTEM PROGRAM.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Assistant Secretary of Defense for 
Industrial Base Policy and the Secretary of the Air Force shall jointly 
submit to the congressional defense committees a report that addresses 
how the Department of Defense can take actions to help stabilize the 
availability of key commodities, including concrete and steel, for 
construction associated with the Sentinel intercontinental ballistic 
missile weapon system program.
    (b) Elements.--The report required by subsection (a) shall include 
the following elements:
            (1) A description of different options for achieving the 
        objective described in subsection (a).
            (2) An analysis of the degree to which use of authorities 
        under title III of the Defense Production Act of 1950 (50 
        U.S.C. 4531 et seq.) or advance procurement authorities for key 
        commodities could achieve such objective.

SEC. 6. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    In this Act, the term ``congressional defense committees'' has the 
meaning given that term in section 101(a)(16) of title 10, United 
States Code.
                                 <all>