Sec. 3111. W93 NUCLEAR WARHEAD ACQUISITION PROCESS

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## 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 W93 NUCLEAR WARHEAD ACQUISITION PROCESS > > **[**[50 U.S.C. 2538e](/us/usc/t50/s2538e)**]** > > > ### “(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)”.

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50 USC 2521
50 USC 2538e
50 USC 2537(b)

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Sec. 3111

W93 NUCLEAR WARHEAD ACQUISITION PROCESS

Cite50 USC 2521

Cite50 USC 2538e

Cite50 USC 2537(b)

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