10 U.S.C. § 6135: W93 nuclear warhead…

§6135 W93 Nuclear Warhead Acquisition Process

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 602 — NUCLEAR WEAPONS STOCKPILE MATTERS › SUBCHAPTER I — STOCKPILE STEWARDSHIP AND WEAPONS PRODUCTION › § 6135

Last updated Sep 22, 2026|Official source

Summary

When the Nuclear Weapons Council gets a phase 1 concept study for the W93 nuclear weapon, it must send a report to the congressional defense committees. The report must describe the weapon’s likely military traits and how it would move from the stockpile to targets. It must give an early look at what the program will need from the nuclear security enterprise, such as changes in workforce size or skills, new or expanded design and production abilities, or facility upgrades or new buildings. The report must also give early dates and milestones like first production unit, initial operational capability, and full operational capability, and note any special safety or security needs that could make the design harder or costlier. Within 15 days after phase 2 is approved, the Administrator must brief Congress on a plan for independent expert review of nonnuclear parts, subsystems, and engineering, using federal, industry, and university skills and other needed capabilities throughout development. Within 15 days after phase 3 is approved, the Administrator must certify that phases 1–5 will follow best practices and fit cost and schedule goals, and the Commander of U.S. Strategic Command must report on SSBN force quantities and types for the next 15 years. Subsections (a) and (b) can be waived during a war declared by Congress after January 1, 2021. Joint nuclear weapons life cycle — the program stages defined in section 6131.

Title 10, §6135

Armed Forces, Source: USLM XML via OLRC

(a)Reporting Requirements.—

(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)(A)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 provide to the congressional defense committees a briefing on 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)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 provide to the congressional defense committees a briefing that includes certifications 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, or provide to such committees a briefing on, 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 or briefing, as the case may be, 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 January 1, 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 6131.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2538e of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (a)(1). Pub. L. 119–60, § 3111(d)(2)(A), struck out par. (1) heading which read as follows: “Phase 1”. Subsec. (a)(2). Pub. L. 119–60, § 3111(d)(2)(A), struck out headings for par. (2) “Phase 2” and subpars. (A) and (B) “In general” and “Requirements for process”, respectively.