Pub. L. 116-283, div. C, tit. XXXI, subtit. B, sec. 3111 (as amended)
W93 NUCLEAR WARHEAD ACQUISITION PROCESS.
SEC. 3111. W93 NUCLEAR WARHEAD ACQUISITION PROCESS.
(a) Requirements.—
(1) In general.—Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the end the following new section:
“SEC. 4223. [50 U.S.C. 2538e] W93 NUCLEAR WARHEAD ACQUISITION PROCESS
“(a) Reporting Requirements.—
“(1) Phase 1.—Upon receiving a concept definition study under phase 1 of the joint nuclear weapons life cycle for the W93 nuclear weapon, the Nuclear Weapons Council shall submit to the congressional defense committees a report that includes the following:
“(A) A description of the potential military characteristics of the weapon.
“(B) A description of the stockpile-to-target sequence requirements of the weapon.
“(C) An initial assessment of the requirements a W93 nuclear weapon program is likely to generate for the nuclear security enterprise, including—
“(i) adjustments to the size and composition of the workforce;
“(ii) additions to existing weapon design and production capabilities; or
“(iii) additional facility recapitalization or new construction.
“(D) A preliminary description of other significant requirements for a W93 nuclear weapon program, including—
“(i) first production unit date;
“(ii) initial operational capability date;
“(iii) full operational capability date; and
“(iv) any unique safety and surety requirements that could increase design complexity or cost estimate uncertainty.
“(2) Phase 2.—
“(A) In general.—Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 2 of the joint nuclear weapons life cycle for the W93 nuclear weapon, the Administrator shall submit to the congressional defense committees a plan to implement a process of independent peer review or review by a board of experts, or both, with respect to—
“(i) the nonnuclear components of the weapon;
“(ii) subsystem design; and
“(iii) engineering aspects of the weapon.
“(B) Requirements for process.—The Administrator shall ensure that the process required by subparagraph (A)—
“(i) uses—
“(I) all relevant capabilities of the Federal Government, the defense industrial base, and institutions of higher education; and
“(II) other capabilities that the Administrator determines necessary; and
“(ii) informs the entire development life cycle of the W93 nuclear weapon.
“(b) Certifications and Reports at Phase 3.—Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 3 of the joint nuclear weapons life cycle for the W93 nuclear weapon—
“(1) the Administrator shall certify to the congressional defense committees that—
“(A) phases 1 through 5 of the joint nuclear weapons life cycle for the weapon will employ, at a minimum, the same best practices and will provide Congress with the same level of programmatic insight as exists under the phase 6.X process for life extension programs; and
“(B) the proposed design for the weapon can be carried out within estimated schedule and cost objectives; and
“(2) the Commander of the United States Strategic Command shall submit to the congressional defense committees a report containing the requirements for weapon quantity and composition by type for the sub-surface ballistic nuclear (SSBN) force, including such requirements planned for the 15-year period following the date of the report, including any planned life extensions, retirements, or alterations.
“(c) Waivers.—Subsections (a) and (b) may be waived during a period of war declared by Congress after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.
“(d) Joint Nuclear Weapons Life Cycle Defined.—In this section, the term ‘joint nuclear weapons life cycle’ has the meaning given that term in section 4220.”
.
(2) Clerical amendment.—The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4222 the following new item:
“Sec. 4223. W93 nuclear warhead acquisition process.”
.
(b) Selected Acquisition Reports and Independent Cost Estimates.—Section 4217(b) of such Act (50 U.S.C. 2537(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) in clause (i), by striking “phase 6.2A” and inserting “phase 6.2A or new weapon system at the completion of phase 2A”;
(ii) in clause (ii), by striking “phase 6.3” and inserting “phase 6.3 or new weapon system at the completion of phase 3”;
(iii) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and
(iv) by inserting after clause (iii) the following new clause (iv):
“(iv) Each new weapon system at the completion of phase 4, relating to production engineering, and before the initiation of phase 5, relating to first production.”
; and
(B) in subparagraph (B), by striking “phase 6.2” and inserting “phase 6.2 or new weapon system at the completion of phase 2”; and
(2) in paragraph (4)(B), by striking “subparagraph (A)(iv)” and inserting “subparagraph (A)(v)”.
- Cross-references to the US Code
- 50 U.S.C. 2538e