Nuclear SLCM Ban Act of 2021

II 117TH CONGRESS 1ST SESSION S. 595 To prohibit the use of funds for the research and development, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead. IN THE SENATE OF THE UNITED STATES MARCH 4, 2021 Mr. VAN HOLLEN (for himself, Ms. WARREN, Mr. MERKLEY, Mr. CARDIN, Mr. SCHATZ, Ms. BALDWIN, Ms. SMITH, Mr. MARKEY, and Mrs. GILLI- BRAND) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit the use of funds for the research and develop- ment, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead. 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 ‘‘Nuclear SLCM Ban 4 Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 23:44 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 595 IS (1) The United States nuclear arsenal com- 1 prises approximately 3,800 nuclear warheads in the 2 active stockpile and a force structure of long-range 3 and short-range delivery systems, including— 4 (A) land-based intercontinental ballistic 5 missiles; 6 (B) submarine-launched ballistic missiles 7 that can deliver both low-yield and higher-yield 8 nuclear warheads; 9 (C) long-range strategic bomber aircraft 10 capable of carrying nuclear-armed air-launched 11 cruise missile and nuclear gravity bombs; and 12 (D) short-range fighter aircraft that can 13 deliver nuclear gravity bombs. 14 (2) In 2010, the United States retired the nu- 15 clear-armed sea-launched cruise missile, or the 16 TLAM–N, after concluding in the 2010 Nuclear 17 Posture Review that the capability ‘‘serve[d] a re- 18 dundant purpose in the U.S. nuclear stockpile’’. 19 (3) Ten years later, in 2020, the United States 20 initiated studies into a new nuclear-armed sea- 21 launched cruise missile and associated warhead, 22 after concluding in the 2018 Nuclear Posture Re- 23 view that the weapon system would provide a ‘‘non- 24 VerDate Sep 11 2014 23:44 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 595 IS strategic regional presence’’ and ‘‘an assured re- 1 sponse capability’’. 2 (4) The United States possesses an array of nu- 3 clear weapons systems, including both air- and sea- 4 based capabilities, that provide an effective regional 5 deterrent presence, making the nuclear-armed sea- 6 launched cruise missile a redundant, unnecessary ca- 7 pability. 8 (5) Deploying nuclear-armed sea-launched 9 cruise missiles on attack submarines or surface ships 10 risks detracting from the core military missions of 11 such submarines and ships, such as tracking enemy 12 submarines, protecting United States carrier groups, 13 and conducting conventional strikes on priority land 14 targets. 15 (6) Stationing nuclear-armed sea-launched 16 cruise missiles on such submarines or ships also 17 risks complicating port visits and joint operations 18 with some allies and partners of the United States, 19 which in turn would reduce the operational effective- 20 ness of such submarines and ships and the deterrent 21 value of deployed nuclear-armed sea-launched cruise 22 missiles. 23 (7) A January 2019 analysis of the Congres- 24 sional Budget Office estimated that the projected 25 VerDate Sep 11 2014 23:44 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 595 IS costs of the nuclear-armed sea-launched cruise mis- 1 sile program from 2019 to 2028 would total 2 $9,000,000,000, adding additional costs and re- 3 source requirements to the United States nuclear 4 modernization program and increasing pressure on 5 the Navy budget as the Navy plans for increases in 6 shipbuilding while funding the Columbia-class sub- 7 marine program. 8 (8) The cost of the nuclear-armed sea-launched 9 cruise missile program will be larger, as the estimate 10 of the Congressional Budget Office did not account 11 for costs related to integrating nuclear-armed sea- 12 launched cruise missiles on attack submarines or 13 surface ships, nuclear weapons-specific training for 14 Navy personnel, or storage and security for nuclear 15 warheads. 16 SEC. 3. PROHIBITION ON USE OF FUNDS FOR RESEARCH 17 AND DEVELOPMENT, PRODUCTION, OR DE- 18 PLOYMENT OF NUCLEAR-ARMED SEA- 19 LAUNCHED CRUISE MISSILE AND ASSOCI- 20 ATED WARHEAD. 21 None of the funds authorized to be appropriated or 22 otherwise made available for fiscal year 2022 or any fiscal 23 year thereafter for the Department of Defense or the De- 24 partment of Energy may be obligated or expended for the 25 VerDate Sep 11 2014 23:44 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S595.IS S595 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 595 IS research and development, production, or deployment of 1 the nuclear-armed sea-launched cruise missile and its as- 2 sociated nuclear warhead. 3 Æ VerDate Sep 11 2014 23:44 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S595.IS S595 pbinns on DSKJLVW7X2PROD with BILLS