Sec. 3111. Nuclear warhead acquisition processes
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It is the sense of Congress that— in its 25th year, the science-based Stockpile Stewardship Program established under section 4201 of the Atomic Energy Defense Act ( 50 U.S.C. 2521 ) has succeeded in providing the United States with a credible nuclear deterrent in the absence of nuclear explosive testing; maintaining global moratoria on nuclear explosive testing is in the national security interest of the United States; a robust, second-to-none science and technology enterprise is required to maintain and certify the nuclear weapons stockpile of the United States; and the National Nuclear Security Administration must continue to improve program management and execution of the major acquisition programs of the Administration.
Subtitle A of title XLII of the Atomic Energy Defense Act ( 50 U.S.C. 4201 et seq.) is amended by adding at the end the following new section: The Administrator shall ensure the following: The national security laboratories engage in peer review of proposed designs of nuclear weapons. The nuclear weapons production facilities are involved early and often during the design and engineering process of nuclear weapons in order to take into account how such design and engineering will affect the production of the nuclear weapons.
After the Administrator completes phase 1 of the joint nuclear weapons life cycle for a nuclear weapon, the Nuclear Weapons Council shall submit to the congressional defense committees a report containing the following: A description of the potential military characteristics of the nuclear weapon. A description of the stockpile-to-target sequence requirements of the nuclear weapon. A description of any other requirements of the Administration or the Department of Energy that will affect the nuclear weapon, including the first product unit date, the initial operational capability date, the final operational capability date, or requirements relating to increased safety and surety.
Initial assessments of the effect to the nuclear security enterprise workforce and any required new or recapitalized major facilities or capabilities relating to the nuclear weapon. Not later than 15 days after the date on which the Nuclear Weapons Council approves a nuclear weapon for phase 2 of the joint nuclear weapons life cycle, the Administrator shall submit to the congressional defense committees a plan to implement an independent peer-review process, a board of experts, or both, with respect to the nonnuclear weapon component and subsystem design and engineering aspects of such nuclear weapon.
The Administrator shall ensure that such process— uses all relevant capabilities of the Federal Government, the defense industrial base, and academia, and other capabilities that the Administrator determines necessary; and informs the entire development life cycle of such nuclear weapon. Before the Nuclear Weapons Council approves a nuclear weapon for phase 3 of the joint nuclear weapons life cycle, the Administrator shall ensure that an independent cost assessment is conducted for phase 3 that includes assigning a percentage of confidence level with respect to the Administrator being able to carry out phase 3 within the estimated schedule and cost objectives.
Not later than 15 days after the date on which the Nuclear Weapons Council approves a nuclear weapon for phase 3 of the joint nuclear weapons life cycle— the Administrator shall certify to the congressional defense committees that— the joint nuclear weapons life cycle process for phases 1 through 5 of the nuclear weapon has equal or greater rigor as the life extension process under each part of phase 6; and the level of design and technology maturity of the proposed design of the nuclear weapon can be carried out within the estimated schedule and cost objectives specified in the cost assessment under paragraph (1); and the Commander of the United States Strategic Command shall submit to the congressional defense committees a report containing— the specific warhead requirements for the delivery system of the nuclear weapon, including such planned requirements during the 15-year period following the date of the report; and an identification of the tail numbers of the warheads for that delivery system that may require life extensions, be retired, or be altered during such period, and a description of the considerations for deciding on such actions.
Subsections
(b)through
(d)may be waived during a period of war declared by Congress after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021. In this section, the term joint nuclear weapons life cycle has the meaning given that term in section 4220. . 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. Requirements for certain joint nuclear weapons life cycle phases. . Section 4217(b)(1) of such Act ( 50 U.S.C. 2537(b)(1) ) is amended— in subparagraph (A)— in clause (i), by striking phase 6.2A and inserting phase 2A and phase 6.2A ; in clause (ii), by striking phase 6.3 and inserting phase 3 and phase 6.3 ; in clause (iii)— by striking phase 6.4 and inserting phase 4 and phase 6.4 ; and by striking phase 6.5 and inserting phase 5 and phase 6.5 ; and in subparagraph (B), by striking phase 6.2 and inserting phase 2 and phase 6.2 . Not later than 120 days after the date of the enactment of this Act, the Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall submit to the congressional defense committees a report containing recommendations to strengthen governance, program execution, and program management controls with respect to the process of the joint nuclear weapons life cycle (as defined in section 4220 of the Atomic Energy Defense Act ( 50 U.S.C. 2538b ).
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U.S. Code
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- 50 USC 2521
- 50 USC 2537(b)(1)
- 50 USC 2538b
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Sec. 3111
Nuclear warhead acquisition processes
Cite50 USC 2521
Cite50 USC 2537(b)(1)
Cite50 USC 2538b
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