S. 2039

Strategic Deterrent Sustainment Act of 2007

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II

110th CONGRESS

1st Session

S. 2039

IN THE SENATE OF THE UNITED STATES

September 11, 2007

Mr. Hatch (for himself and Mr. Bennett) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To require an assessment of the plans for the modernization and sustainment of the land-based, Minuteman III intercontinental ballistic missile strategic deterrent force, and for other purposes.

1.

Short title

This Act may be cited as the Strategic Deterrent Sustainment Act of 2007.

2.

Findings

Congress makes the following findings:

(1)

The strategic forces of the United States remain a cornerstone of United States national security.

(2)

The 2001 Nuclear Posture Review states that it is the current policy of the United States that intercontinental ballistic missiles (ICBMs), submarine-launched ballistic missiles, and long-range nuclear-armed bombers play a critical role in the defense capabilities of the United States, its allies, and friends.

(3)

The dispersed and alert Minuteman III intercontinental ballistic missile system provides the most responsive, stabilizing, and cost-effective strategic force.

(4)

Section 139 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) requires the Secretary of the Air Force to modernize Minuteman III intercontinental ballistic missiles in the United States inventory so as to maintain a sufficient supply of launch test assets and spares to sustain the deployed force of such missiles through 2030.

(5)

The modernization program for the Minuteman III intercontinental ballistic missile is nearing completion. Once that program is complete, there will be no program to sustain the capability of the United States industrial base to modernize or replace the intercontinental ballistic missiles that constitute the sole land-based strategic deterrent system of the United States.

(6)

As an example, motor production for the Minuteman III Propulsion Replacement Program (PRP) is currently scheduled to end in fiscal year 2009. Once the PRP program ends, the capacity of the United States industrial base to respond to matters arising from the aging and obsolescence of Minuteman III intercontinental ballistic missiles will be extremely diminished, decades-worth of critical program knowledge may be lost, and the current design of the Minuteman III intercontinental ballistic missile is likely to no longer be reproducible.

3.

Report on capabilities for sustainment of the Minuteman III intercontinental ballistic missile

(a)

Report required

Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the capability of the United States industrial base to achieve each of the following:

(1)

To maintain, modernize, and sustain the Minuteman III intercontinental ballistic missile (ICBM) system until at least 2030.

(2)

To replace the Minuteman III intercontinental ballistic missile with a follow-on land-based strategic deterrent system after 2030.

(b)

Elements

The report required by paragraph (1) shall include the following:

(1)

A description of any current plans for extending the Minuteman III intercontinental ballistic missile system after the period from 2020 to 2030, including plans for testing sufficient to account for any aging and obsolescence found in the Minuteman III intercontinental ballistic missile during the remaining life of the system, and an assessment of the risks associated with such plans after the shutdown of associated production lines.

(2)

A description of any current plans to maintain the Minuteman III intercontinental ballistic missile system after 2030, including an assessment of any risks associated with such plans after the shutdown of associated production lines.

(3)

An explanation why the Minuteman III intercontinental ballistic missile system, the only United States land-based strategic deterrent system, is no longer considered to be of the highest national defense urgency, as indicated by inclusion of the system on the so-called DX-Rated Program List while the sea-based strategic deterrent system, the Trident II D5 missile system, is still on the so-called DX-list.

(4)

An analysis of existing commonalities between the service life extension program for the Trident II D5 missile system and any equivalent planned service life extension program for the Minuteman III intercontinental ballistic missile system, including an analysis of the impact on materials, the supplier base, production facilities, and the production workforce of extending all or part of the service life extension program for the Trident II D5 missile system to a service life extension program for the Minuteman III intercontinental ballistic missile system.

(5)

An assessment of the adequacy of current and anticipated programs, such as missile defense, space launch, and prompt global strike programs, to support the industrial base for the Minuteman III intercontinental ballistic missile system, including an analysis of the impact on materials, the supplier base, production facilities, and the production workforce of extending all or part of any such program to the program for the Minuteman III intercontinental ballistic missile system.

(c)

Comptroller General review

Not later than 60 days after submittal under subsection (a) of the report required by that subsection, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the Comptroller General's assessment of the matters contained in the report under subsection (a), including an assessment of the consistency of the budget of the President for fiscal year 2009, as submitted to Congress pursuant to section 1105 of title 31, United States Code, with the matters contained in the report under subsection (a).

(d)

Congressional defense committees defined

In this section, the term congressional defense committees means—

(1)

the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(2)

the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.