Short title

This Act may be cited as the

Sentinel Nuclear Deterrence Act of 2023

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.

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.

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.

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.

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.