Title 50War and National DefenseRelease 119-73not60

§2538e W93 Nuclear Warhead Acquisition Process

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter II— NUCLEAR WEAPONS STOCKPILE MATTERS › Part A— Stockpile Stewardship and Weapons Production › § 2538e

Last updated Apr 5, 2026|Official source

Summary

When the Nuclear Weapons Council gets a phase 1 concept study for the W93, it must send the congressional defense committees a report. The report must describe the weapon’s likely military features and how it would move from the stockpile to a target. It must give an early look at needs for the nuclear security enterprise, such as changes to workforce size or skills, new design or production capabilities, or facility upgrades or new buildings. It must also give preliminary dates for first production unit, initial and full operational capability, and note any special safety or security needs that could raise design difficulty or cost uncertainty. Within 15 days after the Council approves phase 2, the Administrator must brief Congress on a plan for independent peer review or an expert board for the weapon’s nonnuclear parts, subsystems, and engineering. That review must use relevant federal, industry, and university expertise and any other needed capabilities, and it must guide the whole development process. Within 15 days after approval of phase 3, the Administrator must certify that phases 1–5 will use at least the same best practices and program visibility as the phase 6.X life-extension process and that the design can meet estimated schedule and cost objectives. The Commander of U.S. Strategic Command must report or brief Congress on SSBN force quantity and type needs for the next 15 years, including planned extensions, retirements, or changes. Subsections (a) and (b) can be waived during a war declared by Congress after January 1, 2021. The "joint nuclear weapons life cycle" means the defined stages of developing a nuclear weapon.

Full Legal Text

Title 50, §2538e

War and National Defense — Source: USLM XML via OLRC

(a)(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)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—— 11 So in original.
(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)Subsections (a) and (b) may be waived during a period of war declared by Congress after January 1, 2021.
(d)In this section, the term “joint nuclear weapons life cycle” has the meaning given that term in section 2538b of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a)(2)(A). Pub. L. 117–263, § 3131(a)(1), substituted “provide to the congressional defense committees a briefing on a plan” for “submit to the congressional defense committees a plan” in introductory provisions. Subsec. (b)(1). Pub. L. 117–263, § 3131(a)(2)(A), substituted “provide to the congressional defense committees a briefing that includes certifications that—” for “certify to the congressional defense committees that” in introductory provisions. Subsec. (b)(2). Pub. L. 117–263, § 3131(a)(2)(B), inserted “, or provide to such committees a briefing on,” after “a report containing” and “or briefing, as the case may be” after “date of the report”.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2538e

Title 50War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60