Sec. 1640. MATTERS RELATING TO THE NUCLEAR-ARMED, SEA-LAUNCHED CRUISE MISSILE
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## SEC. 1640 MATTERS RELATING TO THE NUCLEAR-ARMED, SEA-LAUNCHED CRUISE MISSILE ###
(a)Program Treatment Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall— ####
(1)establish a program for the development of a nuclear-armed, sea-launched cruise missile capability; ####
(2)designate such program as a major defense acquisition program (as defined in section 4201 of title 10, United States Code) for which the milestone decision authority (as defined in section 4251 of such title) is the Under Secretary of Defense for Acquisition and Sustainment; ####
(3)initiate a nuclear weapon system project with the W80-4 ALT warhead (or an alternative warhead in accordance subsection (e)), at phase 6.2 of the phase 6.X process (relating to feasibility study and down select), to adapt such warhead for use with the capability described in paragraph (1); ####
(4)submit to the National Nuclear Security Administration a formal request, through the Nuclear Weapons Council, requesting that the Administration participate in and support the nuclear weapon system warhead project described in paragraph (3); and ####
(5)designate the Department of the Navy as the military department to lead the nuclear weapon system for the Department of Defense. ###
(b)Initial Operational Capability The Secretary of Defense and the Administrator for Nuclear Security shall take such actions as are necessary to ensure the program and project described in subsection (a)— ####
(1)provide a limited number of assets prior to initial operational capability being achieved to enable limited operational deployment of the weapon system, in a quantity to be determined by the Nuclear Weapons Council, to meet combatant command requirements not later than September 30, 2032; and ####
(2)achieve initial operational capability, as defined jointly by the Secretary of the Navy and the Chairman of the Joint Chiefs of Staff, by not later than September 30, 2034. ###
(c)Limitation on Authority to Approve Production The Under Secretary of Defense for Acquisition and Sustainment may not approve a Full Rate Production Decision or authorize Full Scale Production (as those terms are defined in the memorandum of the Nuclear Weapons Council titled “Procedural Guidelines for the Phase 6.X Process” and dated April 19, 2000) for the nuclear weapon system project described in subsection (a)(3) until authorized by Congress. ###
(d)Briefing ####
(1)In general Not later than January 15, 2024, and not later than each March 1 and September 1 thereafter, the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of the Navy, the Administrator for Nuclear Security, and the Commander of the United States Strategic Command shall jointly provide to the congressional defense committees a briefing on the progress of the program and project described in subsection (a). ####
(2)Contents Each briefing required under paragraph
(1)shall include— #####
(A)a description of significant achievements of the program and project completed during the period specified in paragraph
(3)and any planned objectives that were not achieved during such period; #####
(B)for the 180-day period following the briefing— ######
(i)planned objectives for the program and project; and ######
(ii)anticipated spending plans for the program and project; #####
(C)a description of any notable technical hurdles that could impede timely completion of the program and project; and #####
(D)any other information the Under Secretary of Defense for Acquisition and Sustainment considers appropriate. ####
(3)Period specified The period specified in this paragraph is— #####
(A)in the case of the first briefing required by paragraph (1), the 180-day period preceding the briefing; and #####
(B)in the case of any subsequent such briefing, the period since the previous such briefing. ####
(4)Termination The requirement to provide briefings under paragraph
(1)shall terminate on the date that the program and project described subsection
(a)achieve initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of the United States Strategic Command. ###
(e)Selection of a Nuclear Weapon System With an Alternative Warhead ####
(1)Briefing, certification, and waiting period For purposes of subsection (a)(3), the Secretary of Defense, in coordination with the Secretary of Energy, may carry out a nuclear weapons system project with an alternative warhead to the W80–4 ALT warhead, if— #####
(A)the Secretaries jointly provide to the congressional defense committees a briefing that includes— ######
(i)a description of the alternative warhead to be developed under the project; ######
(ii)an estimate and description of the balance among the costs, schedule, and programmatic impacts for the research, development, and production of such alternative warhead; ######
(iii)an explanation of the reasons the Secretaries intend to develop a nuclear weapon system with such alternative warhead instead of— ######
(I)the W80–4 ALT warhead; or ######
(II)any other warhead options that may have been considered; ######
(iv)a written certification from the Secretaries that— ######
(I)if selected as the preferred option, the nuclear weapon system with the alternative warhead is expected to more favorably balance military effectiveness, cost, schedule, and programmatic impacts than the nuclear weapons system with the W80–4 ALT warhead; and ######
(II)any funds required for such alternative warhead will be included in the materials submitted by the Secretaries in support of the budget of the President (as submitted to Congress pursuant to section 1105 of title 31, United States Code) until the selected warhead achieves full operational capability, as determined by the Commander of United States Strategic Command; and #####
(B)a period of 45 days has elapsed following the date on which such briefing was provided. ####
(2)Form of briefing The briefing under paragraph (1)(A) may be submitted in classified form. ###
(f)Assessment and Report ####
(1)In general The Secretary of the Navy shall complete an assessment, in response to the courses of action developed by the Joint Staff in response to the report of the Secretary of Defense under subsection 1642(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2945), of the actions required to effectively deploy a nuclear sea-launched cruise missile from a Virginia class submarine and such other platforms as the Secretary determines appropriate. ####
(2)Elements The assessment under paragraph
(1)shall address the following: #####
(A)Any hardware, software, manning, or certification modifications to platforms that are required to accommodate the nuclear sea-launched cruise missile on such platforms. #####
(B)Any required modifications to port facilities that would host platforms carrying the nuclear sea-launched cruise missile, including any modifications relating to physical security and monitoring. #####
(C)Effects on manning associated with the handling, storage, and operations of nuclear sea-launched cruise missiles at affected facilities of the Navy. #####
(D)Funding and schedule estimates to complete any actions identified under subparagraphs
(A)through (C). ####
(3)Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the results of the assessment conducted under paragraph (1), including the results of the assessment with respect to each element specified in paragraph (2). ###
(g)Limitation on Availability of Funds Pending Submittal of Report Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of the Navy, and available for the Office of the Secretary of the Navy for the travel of persons, not more than 90 percent may be obligated or expended until the date on which the final report required under section 1642(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2945) has been submitted to the congressional defense committees. ###
(h)Phase 6.x Process Defined In this section, the term “phase 6.X process” means the phase 6.X process for major stockpile sustainment activities set forth in the memorandum of the Nuclear Weapons Council titled “Procedural Guidelines for the Phase 6.X Process” and dated April 19, 2000.
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Sec. 1640
MATTERS RELATING TO THE NUCLEAR-ARMED, SEA-LAUNCHED CRUISE MISSILE
Stat.136 Stat. 2945
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