S.Amdt. 5879
What it does: Adds SEC. 1531. LIMITATION ON USE OF FUNDS FOR NEW SENTINEL INTERCONTINENTAL BALLISTIC MISSILE AND W87-1 WARHEAD MODIFICATION PROGRAM at the end of subtitle B of title XVWhat it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1531. LIMITATION ON USE OF FUNDS FOR NEW SENTINEL INTERCONTINENTAL BALLISTIC MISSILE AND W87-1 WARHEAD MODIFICATION PROGRAM at the end of subtitle B of title XV
Adds a sectionIn S.Amdt. 5499 as proposed
Section 495(b) of title 10, United States Code, is amended in the matter preceding paragraph (1) by striking "1043 of the National Defense Authorization Act for Fiscal Year 2012" and inserting "492a of this title".
Inserted: SEC. 1531. LIMITATION ON USE OF FUNDS FOR NEW SENTINEL INTERCONTINENTAL BALLISTIC MISSILE AND W87-1 WARHEAD MODIFICATION PROGRAM.
Inserted: (a) Findings.--Congress finds the following:
Inserted: (1) According to the Congressional Budget Office, the projected cost to sustain and modernize the United States nuclear arsenal, as of 2017, "is $1.2 trillion in 2017 dollars over the 2017-2046 period: more than $800 billion to operate and sustain (that is, incrementally upgrade) nuclear forces and about $400 billion to modernize them". With inflation, the cost rises to $1,700,000,000,000 and does not include the cost of the additional nuclear capabilities proposed in the 2018 Nuclear Posture Review.
Inserted: (2) Maintaining and updating the current Minuteman III intercontinental ballistic missiles is possible for multiple decades and, according to the Congressional Budget Office, through 2036, this would cost $37,000,000,000 less in 2017 dollars than developing and deploying the Sentinel intercontinental ballistic missile program (previously known as the ground-based strategic deterrent program).
Inserted: (3) A public opinion poll conducted from October 12 to 28, 2020, by ReThink Media and the Federation of American Scientists found that only 26 percent of registered voters in the United States preferred replacing the Minuteman III intercontinental ballistic missile with the Sentinel intercontinental ballistic missile, as compared to 60 percent of registered voters who opposed replacing the Minuteman III missile.
Inserted: (b) Limitation on Use of Funds.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2023 may be obligated or expended for the Sentinel intercontinental ballistic missile program) or the W87-1 warhead modification program until the later of--
Inserted: (1) the date on which the Secretary of Defense submits to the appropriate congressional committees a certification that the operational life of Minuteman III intercontinental ballistic missiles cannot be safely extended through at least 2050; and
Inserted: (2) the date on which the Secretary transmits to the appropriate congressional committees the report required by paragraph (3) of subsection (c), as required by paragraph (4) of that subsection.
Inserted: (c) Independent Study on Extension of Minuteman III Intercontinental Ballistic Missiles.--
Inserted: (1) Independent study.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Sciences to conduct a study on extending the life of Minuteman III intercontinental ballistic missiles to 2050.
Inserted: (2) Matters included.--The study under paragraph (1) shall include the following:
Inserted: (A) A comparison of the costs through 2050 of--
Show 20 more inserted paragraphsShow less
Inserted: (i) extending the life of Minuteman III intercontinental ballistic missiles; and
Inserted: (ii) deploying the Sentinel intercontinental ballistic missile.
Inserted: (B) An analysis of opportunities to incorporate technologies into the Minuteman III intercontinental ballistic missile program as part of a service life extension program that could also be incorporated in the Sentinel intercontinental ballistic missile program, including, at a minimum, opportunities to increase the resilience against adversary missile defenses.
Inserted: (C) An analysis of the benefits and risks of incorporating sensors and nondestructive testing methods and technologies to reduce destructive testing requirements and increase the service life and number of Minuteman III missiles through 2050.
Inserted: (D) An analysis and validation of the methods used to estimate the operational service life of Minuteman II and Minuteman III motors, taking into account the test and launch experience of motors retired after the operational service life of such motors in the rocket systems launch program.
Inserted: (E) An analysis of the risks and benefits of alternative methods of estimating the operational service life of Minuteman III motors, such as those methods based on fundamental physical and chemical processes and nondestructive measurements of individual motor properties.
Inserted: (F) An analysis of risks, benefits, and costs of configuring a Trident II D5 submarine launched ballistic missile for deployment in a Minuteman III silo.
Inserted: (G) An analysis of the impacts of the estimated service life of the Minuteman III force associated with decreasing the deployed intercontinental ballistic missiles delivery vehicle force from 400 to 300.
Inserted: (H) An assessment on the degree to which the Columbia class ballistic missile submarines will possess features that will enhance the current invulnerability of ballistic missile submarines of the United States to future antisubmarine warfare threats.
Inserted: (I) An analysis of the degree to which an extension of the Minuteman III would impact the decision of Russian Federation to target intercontinental ballistic missiles of the United States in a crisis, as compared to proceeding with the Sentinel intercontinental ballistic missile program .
Inserted: (J) A best case estimate of what percentage of the strategic forces of the United States would survive a counterforce strike from the Russian Federation, broken down by intercontinental ballistic missiles, ballistic missile submarines, and heavy bomber aircraft.
Inserted: (K) The benefits, risks, and costs of relying on the W-78 warhead for either the Minuteman III or the Sentinel intercontinental ballistic missile as compared to proceeding with the W-87 life extension.
Inserted: (L) The benefits, risks, and costs of adding additional launchers or uploading submarine-launched ballistic missiles with additional warheads to compensate for a reduced deployment of intercontinental ballistic missiles of the United States.
Inserted: (M) An analysis of whether designing and fielding a new intercontinental ballistic missile through at least 2070 is consistent with the obligation of the United States under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons done at Washington, London, and Moscow July 1, 1968 (21 UST 483) (commonly referred to as the "Nuclear Non-Proliferation Treaty") to "pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament".
Inserted: (3) Submission to department of defense.--Not later than 180 days after the date of the enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report containing the findings of the study conducted under paragraph (1).
Inserted: (4) Submission to congress.--Not later than 210 days after the date of the enactment of this Act, the Secretary shall transmit to the appropriate congressional committees the report required by paragraph (3), without change.
Inserted: (5) Form.--The report required by paragraph (3) shall be submitted in unclassified form, but may include a classified annex.
Inserted: (d) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
Inserted: (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
Inserted: (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Original wording
At the end of subtitle B of title XV, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5879. Mr. MARKEY submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XV, add the following:
SEC. 1531. LIMITATION ON USE OF FUNDS FOR NEW SENTINEL INTERCONTINENTAL BALLISTIC MISSILE AND W87-1 WARHEAD MODIFICATION PROGRAM.
(a) Findings.--Congress finds the following:
(1) According to the Congressional Budget Office, the projected cost to sustain and modernize the United States nuclear arsenal, as of 2017, “is $1.2 trillion in 2017 dollars over the 2017-2046 period: more than $800 billion to operate and sustain (that is, incrementally upgrade) nuclear forces and about $400 billion to modernize them”. With inflation, the cost rises to $1,700,000,000,000 and does not include the cost of the additional nuclear capabilities proposed in the 2018 Nuclear Posture Review.
(2) Maintaining and updating the current Minuteman III intercontinental ballistic missiles is possible for multiple decades and, according to the Congressional Budget Office, through 2036, this would cost $37,000,000,000 less in 2017 dollars than developing and deploying the Sentinel intercontinental ballistic missile program (previously known as the ground-based strategic deterrent program).
(3) A public opinion poll conducted from October 12 to 28, 2020, by ReThink Media and the Federation of American Scientists found that only 26 percent of registered voters in the United States preferred replacing the Minuteman III intercontinental ballistic missile with the Sentinel intercontinental ballistic missile, as compared to 60 percent of registered voters who opposed replacing the Minuteman III missile.
(b) Limitation on Use of Funds.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2023 may be obligated or expended for the Sentinel intercontinental ballistic missile program) or the W87-1 warhead modification program until the later of--
(1) the date on which the Secretary of Defense submits to the appropriate congressional committees a certification that the operational life of Minuteman III intercontinental ballistic missiles cannot be safely extended through at least 2050; and
(2) the date on which the Secretary transmits to the appropriate congressional committees the report required by paragraph (3) of subsection (c), as required by paragraph (4) of that subsection.
(c) Independent Study on Extension of Minuteman III Intercontinental Ballistic Missiles.--
(1) Independent study.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Sciences to conduct a study on extending the life of Minuteman III intercontinental ballistic missiles to 2050.
(2) Matters included.--The study under paragraph (1) shall include the following:
(A) A comparison of the costs through 2050 of--
(i) extending the life of Minuteman III intercontinental ballistic missiles; and
(ii) deploying the Sentinel intercontinental ballistic missile.
(B) An analysis of opportunities to incorporate technologies into the Minuteman III intercontinental ballistic missile program as part of a service life extension program that could also be incorporated in the Sentinel intercontinental ballistic missile program, including, at a minimum, opportunities to increase the resilience against adversary missile defenses.
(C) An analysis of the benefits and risks of incorporating sensors and nondestructive testing methods and technologies to reduce destructive testing requirements and increase the service life and number of Minuteman III missiles through 2050.
(D) An analysis and validation of the methods used to estimate the operational service life of Minuteman II and Minuteman III motors, taking into account the test and launch experience of motors retired after the operational service life of such motors in the rocket systems launch program.
(E) An analysis of the risks and benefits of alternative methods of estimating the operational service life of Minuteman III motors, such as those methods based on fundamental physical and chemical processes and nondestructive measurements of individual motor properties.
(F) An analysis of risks, benefits, and costs of configuring a Trident II D5 submarine launched ballistic missile for deployment in a Minuteman III silo.
(G) An analysis of the impacts of the estimated service life of the Minuteman III force associated with decreasing the deployed intercontinental ballistic missiles delivery vehicle force from 400 to 300.
(H) An assessment on the degree to which the Columbia class ballistic missile submarines will possess features that will enhance the current invulnerability of ballistic missile submarines of the United States to future antisubmarine warfare threats.
(I) An analysis of the degree to which an extension of the Minuteman III would impact the decision of Russian Federation to target intercontinental ballistic missiles of the United States in a crisis, as compared to proceeding with the Sentinel intercontinental ballistic missile program .
(J) A best case estimate of what percentage of the strategic forces of the United States would survive a counterforce strike from the Russian Federation, broken down by intercontinental ballistic missiles, ballistic missile submarines, and heavy bomber aircraft.
(K) The benefits, risks, and costs of relying on the W-78 warhead for either the Minuteman III or the Sentinel intercontinental ballistic missile as compared to proceeding with the W-87 life extension.
(L) The benefits, risks, and costs of adding additional launchers or uploading submarine-launched ballistic missiles with additional warheads to compensate for a reduced deployment of intercontinental ballistic missiles of the United States.
(M) An analysis of whether designing and fielding a new intercontinental ballistic missile through at least 2070 is consistent with the obligation of the United States under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons done at Washington, London, and Moscow July 1, 1968 (21 UST 483) (commonly referred to as the “Nuclear Non-Proliferation Treaty”) to “pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament”.
(3) Submission to department of defense.--Not later than 180 days after the date of the enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report containing the findings of the study conducted under paragraph (1).
(4) Submission to congress.--Not later than 210 days after the date of the enactment of this Act, the Secretary shall transmit to the appropriate congressional committees the report required by paragraph (3), without change.
(5) Form.--The report required by paragraph (3) shall be submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section, the term “appropriate congressional committees” means--
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
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Senate amendment submitted
September 28, 2022