Sec. 1641. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC MISSILE PROGRAMS WITHIN DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM

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## SEC. 1641 TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC MISSILE PROGRAMS WITHIN DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM ###

(a)Review and Briefing Not later than January 1, 2023, and annually thereafter until January 1, 2028, the Secretary of Defense and the Secretary of Energy shall jointly provide to the congressional defense committees a briefing, with respect to each nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, and weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration, on— ####

(1)which such programs or projects have been reviewed or considered for a determination of DX priority rating under part 700 of title 15, Code of Federal Regulations; ####

(2)which, if any, such programs or projects have been assigned a DX priority rating, or have been determined to require such rating and a timeline for assignment; ####

(3)any such programs or projects that have sought DX rating but have been denied assignment, including a rationale for denial; ####

(4)any such program or project which had previously obtained a DX rating and the designation was unassigned; and ####

(5)other related matters the Secretaries determine appropriate, including the potential impacts and risks to other programs. ###

(b)Milestone Review Requirement With respect to any program or project that the Secretary of Defense and the Secretary of Energy identify under subsection (a)(1) as not having been reviewed or considered for a determination of DX priority rating under part 700 of title 15, Code of Federal Regulations, the respective Secretary shall— ####

(1)conduct an assessment regarding the need for such a DX priority rating not less frequently than prior to the program or project achieving Milestone A approval, Milestone B approval, and Milestone C approval, or equivalent; and ####

(2)document such assessment within the acquisition decision memorandum, or equivalent, for the program or project.