Sec. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION TO THE AIR FORCE FOR THE DEVELOPMENT OF THE MARK 21A FUSE

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## SEC. 3122 ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION TO THE AIR FORCE FOR THE DEVELOPMENT OF THE MARK 21A FUSE ###

(a)In General Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall enter into an agreement with the Secretary of the Air Force under which the Administrator shall support the Air Force by reviewing and validating the development and sustainment of a fuse for the Mark 21A reentry vehicle to support the W87-1 warhead over the projected lifetime of the warhead, including by— ####

(1)acting as an external reviewer of the Mark 21A fuse, including by reviewing— #####

(A)the design of the fuse; #####

(B)the quality of manufacturing and parts; and #####

(C)the life availability of components; ####

(2)advising and supporting the Air Force on strategies to mitigate technical and schedule fuse risks; and ####

(3)otherwise ensuring the expertise of the National Nuclear Security Administration in fuse and warhead design and manufacturing is available to support successful development and sustainment of the fuse over its lifetime. ###

(b)Budget Request The Administrator shall include, in the budget justification materials submitted to Congress in support of the budget of the Department of Energy for fiscal year 2024 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a request for amounts sufficient to ensure that the assistance provided to the Air Force under the agreement under subsection

(a)does not negatively affect ongoing nuclear modernization programs of the Administration. ###

(c)Nuclear Weapons Council Review During the life of the agreement under subsection (a), the Nuclear Weapons Council established under section 179 of title 10, United States Code, shall review the agreement as part of the annual review by the Council of the budget of the National Nuclear Security Administration and ensure that assistance provided under such agreement aligns with ongoing programs of record between the Department of Defense and the National Nuclear Security Administration. ###

(d)Transmittal of Agreement Not later than 120 days after the date of the enactment of this Act, the Nuclear Weapons Council shall transmit to the congressional defense committees the agreement under subsection

(a)and any comments that the Council considers appropriate.