§6120 — Title 10 Armed Forces | U.S. Code

§6120 Requirements for specific request for new or modified nuclear weapons

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart B— - Atomic Energy Defense › Chapter CHAPTER 602— - NUCLEAR WEAPONS STOCKPILE MATTERS › Subchapter SUBCHAPTER I— - STOCKPILE STEWARDSHIP AND WEAPONS PRODUCTION › § 6120

Last updated Apr 6, 2026|Official source

Summary

When the Secretary of Energy plans in any fiscal year after 2002 to do work on a new or changed nuclear weapon past phase 2 or past phase 6.2 of the weapon acquisition process, the Secretary must ask for money for those activities in the President’s budget. The work includes research and development or engineering and manufacturing for making a new weapon or changing an existing one. The Secretary can only go ahead if Congress authorizes the money by law. For any activity that is in phase 2 or higher (or phase 6.2 or higher), the budget request must show a separate line for that specific activity. For each year after fiscal year 2022, the Secretary of Energy, through the Administrator, must tell the congressional defense committees, when the President’s budget is sent to Congress, about any of those research, engineering, or manufacturing activities that were done before phase 2 or before phase 6.2 in the past calendar year and about any plans to do such work before those phases in the coming fiscal year. Definitions: “modified nuclear weapon” = a weapon that uses a pit or canned subassembly that was in the stockpile on December 2, 2002 and is being changed for a different military need; “new nuclear weapon” = a weapon that uses a pit or canned subassembly that was not in the stockpile and not in production on December 2, 2002.

Title 10, §6120

Armed Forces — Source: USLM XML via OLRC

(a)(1)In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon beyond phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, the Secretary—

(A)shall specifically request funds for such activities in the budget of the President for that fiscal year under section 1105(a) of title 31; and

(B)may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with section 660 of the Department of Energy Organization Act (42 U.S.C. 7270).

(2)The activities described in this paragraph are as follows:

(A)The conduct, or provision for conduct, of research and development for the production of a new nuclear weapon by the United States.

(B)The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States.

(C)The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the United States.

(D)The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States.

(b)In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear weapon acquisition process.

(c)In any fiscal year after fiscal year 2022, the Secretary of Energy, acting through the Administrator, in conjunction with the annual submission of the budget of the President to Congress pursuant to section 1105 of title 31, shall notify the congressional defense committees of—

(1)any activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon that, during the calendar year prior to the budget submission, were carried out prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process; and

(2)any plans to carry out, prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon during the fiscal year covered by that budget.

(d)In this section:

(1)The term “modified nuclear weapon” means a nuclear weapon that contains a pit or canned subassembly, either of which—

(A)is in the nuclear weapons stockpile as of December 2, 2002; and

(B)is being modified in order to meet a military requirement that is other than the military requirements applicable to such nuclear weapon when first placed in the nuclear weapons stockpile.

(2)The term “new nuclear weapon” means a nuclear weapon that contains a pit or canned subassembly, either of which is neither—

(A)in the nuclear weapons stockpile on December 2, 2002; nor

(B)in production as of that date.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2529 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.

Statutory Notes and Related Subsidiaries

Development of Low-Yield Nuclear Weapons; Authorization and Limitation Pub. L. 115–232, div. C, title XXXI, § 3111(a), Aug. 13, 2018, 132 Stat. 2289, provided that: “The Secretary of Energy, acting through the Administrator for Nuclear Security, may carry out the engineering development phase, and any subsequent phase, to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles.” Pub. L. 108–136, div. C, title XXXI, § 3116(c), Nov. 24, 2003, 117 Stat. 1746, as amended by Pub. L. 115–232, div. C, title XXXI, § 3111(b), Aug. 13, 2018, 132 Stat. 2289; Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(I), Dec. 18, 2025, 139 Stat. 1461, provided that: “The Secretary of Energy may not commence the engineering development phase, or any subsequent phase, of a low-yield nuclear weapon unless the Secretary specifically requests funding for the development of that weapon pursuant to section 6120 of title 10, United States Code.”