II 

115TH CONGRESS 

1ST SESSION S. 1235 

To reduce the number of nuclear-armed submarines operated by the Navy, 

to prohibit the development of a new long-range penetrating bomber 

aircraft, to prohibit the procurement of new intercontinental ballistic 

missiles, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. MARKEY (for himself, Mr. SANDERS, Mr. FRANKEN, and Mr. MERKLEY) 

introduced the following bill; which was read twice and referred to the 

Committee on Armed Services 

A BILL 

To reduce the number of nuclear-armed submarines operated 

by the Navy, to prohibit the development of a new longrange penetrating bomber aircraft, to prohibit the procurement of new intercontinental ballistic missiles, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smarter Approach to 

5 Nuclear Expenditures Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Berlin Wall fell in 1989, the Soviet 

2 Union no longer exists, and the Cold War is over. 

3 The nature of threats to the national security and 

4 military interests of the United States has changed. 

5 However, the United States continues to maintain 

6 an excessively large and costly arsenal of nuclear 

7 weapons and delivery systems that are a holdover 

8 from the Cold War. 

9 (2) The current nuclear arsenal of the United 

10 States includes approximately 4,000 total nuclear 

11 warheads in its military stockpile, of which approxi12 mately 1,750 are deployed with five delivery compo13 nents: land-based intercontinental ballistic missiles, 

14 submarine-launched ballistic missiles, long-range 

15 strategic bomber aircraft armed with nuclear gravity 

16 bombs, long-range strategic bomber aircraft armed 

17 with nuclear-armed air-launched cruise missiles, and 

18 short-range fighter aircraft that can deliver nuclear 

19 gravity bombs. The strategic bomber fleet of the 

20 United States comprises 89 B–52 and 20 B–2 air21 craft, of which 60 are believed to contribute to the 

22 nuclear mission. The United States maintains ap23 proximately 400 intercontinental ballistic missiles. 

24 The United States also maintains 14 Ohio-class sub25 marines, up to 12 of which are deployed at sea. 


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1 Each of those submarines is armed with approxi2 mately 80 independently targetable nuclear war3 heads. 

4 (3) The maintenance of this force comes at sig5 nificant cost. Between fiscal years 2017 and 2026, 

6 the United States will spend approximately 

7 $400,000,000 to maintain and recapitalize its nu8 clear force, according to a February 2017 report 

9 from the Congressional Budget Office. Over 30 

10 years, spending on nuclear forces could exceed 

11 $1,000,000,000,000. 

12 (4) Numerous United States Government offi13 cials have warned of the affordability problem posed 

14 by the current nuclear weapons sustainment plans, 

15 cautioning that those plans cannot be executed in 

16 the absence of significant long-term increases to de17 fense spending or cuts to other military priorities. 

18 For example, Brian McKeon, former Principal Dep19 uty Under Secretary of Defense stated in October 

20 2015, ‘‘We’re looking at that big bow wave [in nu21 clear weapons spending] and wondering how the 

22 heck we’re going to pay for it, and probably thank23 ing our lucky stars we won’t be here to answer the 

24 question.’’. 


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1 (5) An April 2017 Government Accountability 

2 Office report found that there is a significant mis3 match between the 25-year plan of the Department 

4 of Energy to refurbish the Nation’s nuclear war5 heads and supporting infrastructure, and the De6 partment’s budget estimates. The report also found 

7 that key warhead life extension programs are likely 

8 underfunded. 

9 (6) According to the Congressional Budget Of10 fice’s 2017 long-term budget outlook report, discre11 tionary spending, including national defense spend12 ing, is likely to continue to be constrained even after 

13 the expiration of sequestration under part C of the 

14 Balanced Budget and Emergency Deficit Control 

15 Act of 1985 (2 U.S.C. 900 et seq.), as amended by 

16 the Budget Control Act of 2011 (Public Law 112– 

17 25; 125 Stat. 240), as a result of an aging popu18 lation, rising health care costs, and the rising inter19 est on the national debt. 

20 (7) A substantial decrease in spending on the 

21 nuclear arsenal of the United States is prudent for 

22 both the budget and national security. The current 

23 plans to sustain the United States nuclear arsenal 

24 assume that the United States will maintain a nu25 clear arsenal like the one it has now for decades to 


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1 come. However, the Department of Defense’s June 

2 2013 nuclear policy guidance entitled, ‘‘Report on 

3 Nuclear Employment Strategy of the United States’’ 

4 found that force levels under the Treaty between the 

5 United States of America and the Russian Federa6 tion on Measures for the Further Reduction and 

7 Limitation of Strategic Offensive Arms, signed on 

8 April 8, 2010, and entered into force on February 

9 5, 2011 (commonly known as the ‘‘New START 

10 Treaty’’), ‘‘are more than adequate for what the 

11 United States needs to fulfill its national security 

12 objectives’’ and can be reduced by up to one-third 

13 below levels under the New START Treaty to 1,000 

14 to 1,100 warheads. 

15 (8) A December 2016 Congressional Budget 

16 Office report showed that at least 10 percent of the 

17 projected costs of nuclear forces over the next dec18 ade can be saved by trimming back the current 

19 plans, while still maintaining a triad of delivery sys20 tems. Even larger savings would accrue over the 

21 subsequent decade. 

22 (9) Even without additional reductions below 

23 the New START Treaty limit of 1,550 deployed 

24 strategic warheads, the United States can save tens 

25 of billions of dollars by deploying those warheads 


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1 more efficiently on delivery systems and by deferring 

2 production of new delivery systems until they are 

3 needed. 

4 (10) As it undertakes its Nuclear Posture Re5 view in 2017, President Donald Trump must seri6 ously examine options to reshape and rescale the 

7 plans and adequately fund a smaller number of 

8 projects that would still leave the United States with 

9 a capable and credible deterrent. 

10 SEC. 3. REDUCTIONS IN NUCLEAR FORCES. 

11 (a) REDUCTION OF NUCLEAR-ARMED SUB12 MARINES.—Notwithstanding any other provision of law, 

13 none of the funds authorized to be appropriated or other14 wise made available for fiscal year 2017 or any fiscal year 

15 thereafter for the Department of Defense may be obli16 gated or expended for procuring more than eight Colum17 bia-class submarines. 

18 (b) REDUCTION OF INTERCONTINENTAL BALLISTIC

19 MISSILES.—Notwithstanding section 1667 of the National 

20 Defense Authorization Act for Fiscal Year 2017 (Public 

21 Law 114–328) or any other provision of law, none of the 

22 funds authorized to be appropriated or otherwise made 

23 available for fiscal year 2017 or any fiscal year thereafter 

24 for the Department of Defense may be obligated or exVerDate Sep 11 2014 04:44 Jun 01, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235

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1 pended to maintain more than 150 deployed interconti2 nental ballistic missiles. 

3 (c) REDUCTION OF DEPLOYED STRATEGIC WAR4 HEADS.—Notwithstanding any other provision of law, 

5 none of the funds authorized to be appropriated or other6 wise made available for fiscal year 2017 or any fiscal year 

7 thereafter for the Department of Defense or the Depart8 ment of Energy may be obligated or expended to maintain 

9 more than 1,000 deployed strategic warheads, as counted 

10 under the New START Treaty (as defined in section 

11 495(e) of title 10, United States Code). 

12 (d) PROHIBITION ON NEW LONG-RANGE PENE13 TRATING BOMBER AIRCRAFT.—Notwithstanding any 

14 other provision of law, none of the funds authorized to 

15 be appropriated or otherwise made available for any of fis16 cal years 2017 through 2024 for the Department of De17 fense may be obligated or expended for the research, devel18 opment, test, and evaluation or the procurement of the 

19 B–21 long-range penetrating bomber aircraft. 

20 (e) PROHIBITION ON F–35 NUCLEAR MISSION.— 

21 Notwithstanding any other provision of law, none of the 

22 funds authorized to be appropriated or otherwise made 

23 available for fiscal year 2017 or any fiscal year thereafter 

24 for the Department of Defense or the Department of EnVerDate Sep 11 2014 04:44 Jun 01, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235

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1 ergy may be used to make the F–35 Joint Strike Fighter 

2 aircraft capable of carrying nuclear weapons. 

3 (f) REDUCTION IN THE B61 LIFE EXTENSION PRO4 GRAM.—Notwithstanding any other provision of law, none 

5 of the funds authorized to be appropriated or otherwise 

6 made available for fiscal year 2017 or any fiscal year 

7 thereafter for the Department of Defense or the Depart8 ment of Energy may obligated or expended for extending 

9 the life of tactical versions of the B61 gravity bomb. 

10 (g) PROHIBITION ON NEW AIR-LAUNCHED CRUISE

11 MISSILE.—Notwithstanding any other provision of law, 

12 none of the funds authorized to be appropriated or other13 wise made available for fiscal year 2017 or any fiscal year 

14 thereafter for the Department of Defense or the Depart15 ment of Energy may be obligated or expended for the re16 search, development, test, and evaluation or the procure17 ment of a new air-launched cruise missile or for the W80 

18 warhead life extension program. 

19 (h) PROHIBITION ON NEW INTERCONTINENTAL BAL20 LISTIC MISSILE.—Notwithstanding any other provision of 

21 law, none of the funds authorized to be appropriated or 

22 otherwise made available for fiscal year 2017 or any fiscal 

23 year thereafter for the Department of Defense may be ob24 ligated or expended for the research, development, test, 

25 and evaluation or the procurement of the ground-based 


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1 strategic deterrent or any new intercontinental ballistic 

2 missile. 

3 (i) TERMINATION OF IW–1 LIFE EXTENSION PRO4 GRAM.—Notwithstanding any other provision of law, none 

5 of the funds authorized to be appropriated or otherwise 

6 made available for fiscal year 2017 or any fiscal year 

7 thereafter for the Department of Defense or the Depart8 ment of Energy may be obligated or expended for the IW– 

9 1 life extension program. 

10 (j) TERMINATION OF MIXED OXIDE FUEL FABRICA11 TION FACILITY PROJECT.—Notwithstanding section 3116 

12 of the National Defense Authorization Act for Fiscal Year 

13 2017 (Public Law 114–328) or any other provision of law, 

14 none of the funds authorized to be appropriated or other15 wise made available for fiscal year 2017 or any fiscal year 

16 thereafter for the Department of Defense or the Depart17 ment of Energy may be obligated or expended for the 

18 Mixed Oxide Fuel Fabrication Facility project at the Sa19 vannah River Site, Aiken, South Carolina. 

20 (k) TERMINATION OF URANIUM PROCESSING FACIL21 ITY.—Notwithstanding any other provision of law, none 

22 of the funds authorized to be appropriated or otherwise 

23 made available for fiscal year 2017 or any fiscal year 

24 thereafter for the Department of Defense or the Depart25 ment of Energy may be obligated or expended for the UraVerDate Sep 11 2014 04:44 Jun 01, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235

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1 nium Processing Facility located at the Y–12 National Se2 curity Complex, Oak Ridge, Tennessee. 

3 SEC. 4. REPORTS REQUIRED. 

4 (a) INITIAL REPORT.—Not later than 180 days after 

5 the date of the enactment of this Act, the Secretary of 

6 Defense and the Secretary of Energy shall jointly submit 

7 to the appropriate committees of Congress a report out8 lining the plan of each Secretary to carry out section 3. 

9 (b) ANNUAL REPORT.—Not later than March 1, 

10 2018, and annually thereafter, the Secretary of Defense 

11 and the Secretary of Energy shall jointly submit to the 

12 appropriate committees of Congress a report outlining the 

13 plan of each Secretary to carry out section 3, including 

14 any updates to previously submitted reports. 

15 (c) ANNUAL NUCLEAR WEAPONS ACCOUNTING.— 

16 Not later than September 30, 2017, and annually there17 after, the President shall transmit to the appropriate com18 mittees of Congress a report containing a comprehensive 

19 accounting by the Director of the Office of Management 

20 and Budget of the amounts obligated and expended by the 

21 Federal Government for each nuclear weapon and related 

22 nuclear program during— 

23 (1) the fiscal year covered by the report; and 

24 (2) the life cycle of such weapon or program. 


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1 (d) COST ESTIMATE REPORT.—Not later than 180 

2 days after the date of the enactment of this Act, the Sec3 retary of Defense and the Secretary of Energy shall jointly 

4 submit to the appropriate committees of Congress a report 

5 outlining the estimated cost savings that result from car6 rying out section 3. 

7 (e) APPROPRIATE COMMITTEES OF CONGRESS DE8 FINED.—In this section, the term ‘‘appropriate commit9 tees of Congress’’ means— 

10 (1) the Committee on Armed Services, the 

11 Committee on Foreign Relations, the Committee on 

12 Appropriations, and the Committee on Energy and 

13 Natural Resources of the Senate; and 

14 (2) the Committee on Armed Services, the 

15 Committee on Foreign Affairs, the Committee on 

16 Appropriations, the Committee on Energy and Com17 merce, and the Committee on Natural Resources of 

18 the House of Representatives. 

Æ 


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