Title 10Armed ForcesRelease 119-73

§6128 Plutonium pit production capacity

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 › § 6128

Last updated Apr 6, 2026|Official source

Summary

Require the Energy Department to start and meet a set schedule for making plutonium pits. It must begin making qualification pits in 2021 and then produce at least 10 war reserve pits in 2024, 20 in 2025, 30 in 2026, and 80 in 2030. The Energy Secretary must certify to Congress by March 1 each year, starting March 1, 2015 and continuing through 2030, that the department’s programs and budget will meet those goals. If the Secretary does not certify by March 1, the Chairman of the Nuclear Weapons Council must give Congress, by May 1, a plan and say what DOE resources should be moved to meet the goals. Two officials (the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs) must, within 30 days after a covered project hits a major approval milestone, tell Congress that waste handling operations, facilities, and staff are enough; if not, they must send a plan within 30 days. Each year during the approval period, the Nuclear Security Administrator must report by March 1 on planned production for the first 10 years, listing yearly pit numbers with warhead type, risks, options to balance cost and production, and any changes from the prior year. The Energy Secretary must ensure Los Alamos can reliably make at least 30 war reserve pits per year and that the Savannah River Plutonium Processing Facility can reliably make at least 50 per year. Until Los Alamos is certified to have the 30-per-year base capability, the Administrator may not expand the ARIES spaces at PF‑4, with limited exceptions for small sustainment projects, planning or design of ARIES elsewhere, or moving ARIES. Within 570 days after December 22, 2023, the Administrator must make sure the plutonium modernization program follows the Government Accountability Office’s best practices for schedule and cost estimating. Covered project means the Savannah River Plutonium Processing Facility (Savannah River Site) or the Plutonium Pit Production Project (Los Alamos). ARIES is the Advanced Recovery and Integrated Extraction System for turning pits into plutonium oxide. PF‑4 is the Plutonium Facility at Technical Area 55 at Los Alamos.

Full Legal Text

Title 10, §6128

Armed Forces — Source: USLM XML via OLRC

(a)Consistent with the requirements of the Secretary of Defense, the Secretary of Energy shall ensure that the nuclear security enterprise—
(1)during 2021, begins production of qualification plutonium pits;
(2)during 2024, produces not less than 10 war reserve plutonium pits;
(3)during 2025, produces not less than 20 war reserve plutonium pits;
(4)during 2026, produces not less than 30 war reserve plutonium pits; and
(5)during 2030, produces not less than 80 war reserve plutonium pits.
(b)Not later than March 1, 2015, and each year thereafter through 2030, the Secretary of Energy shall certify to the congressional defense committees and the Secretary of Defense that the programs and budget of the Secretary of Energy will enable the nuclear security enterprise to meet the requirements under subsection (a).
(c)If the Secretary of Energy does not make a certification under subsection (b) by March 1 of any year in which a certification is required under that subsection, by not later than May 1 of such year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a plan to enable the nuclear security enterprise to meet the requirements under subsection (a). Such plan shall include identification of the resources of the Department of Energy that the Chairman determines should be redirected to support the plan to meet such requirements.
(d)(1)Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project.
(2)If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph.
(e)(1)Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects.
(2)Each report under paragraph (1) shall include—
(A)the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type;
(B)a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process;
(C)options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and
(D)an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year.
(f)In carrying out subsection (a), the Secretary of Energy shall—
(1)ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the capability to reliably produce no fewer than 30 war reserve plutonium pits annually; and
(2)ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has the capability to reliably produce no fewer than 50 war reserve plutonium pits annually.
(g)(1)Until the date on which the Administrator certifies to the congressional defense committees that the base capability to produce not less than 30 war reserve plutonium pits per year has been established at Los Alamos National Laboratory, the Administrator may not—
(A)carry out a project to expand the pit disassembly and processing capability of the spaces at PF–4 occupied by ARIES as of December 22, 2023; or
(B)otherwise expand such spaces.
(2)Paragraph (1) shall not apply with respect to—
(A)ongoing or planned small projects to sustain or improve the efficiency of plutonium oxide production, provided that such projects do not expand the spaces at PF–4 occupied by ARIES as of December 22, 2023;
(B)the planning and design of an additional ARIES capability at a location other than PF–4; or
(C)the transfer of the ARIES capability to a location other than PF–4.
(3)In this subsection:
(A)The term “ARIES” means the Advanced Recovery and Integrated Extraction System method, developed and piloted at Los Alamos National Laboratory, Los Alamos, New Mexico, for disassembling surplus defense plutonium pits and converting the plutonium from such pits into plutonium oxide.
(B)The term “PF–4” means the Plutonium Facility at Technical Area 55 located at Los Alamos National Laboratory, Los Alamos, New Mexico.
(h)Not later than 570 days after December 22, 2023, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the best practices for schedule development and cost estimating of the Government Accountability Office.
(i)In this section, the term “covered project” means—
(1)the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or
(2)the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Amendment by section 3112 of Pub. L. 119–60 directed to section 4219 of Pub. L. 107–314 executed to this section pursuant to section 3111(d)(1)(B) of Pub. L. 119–60. See Further Technical

Amendments

note set out under section 6114 of this title.

Prior Provisions

Provisions similar to those in this section were contained in section 2538a 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. (d). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Requirement” and “Failure to certify”, respectively. Subsec. (e). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Requirement” and “Elements”, respectively. Subsec. (f). Pub. L. 119–60, §§ 3111(d)(1)(B), 3112(4), added subsec. (f). Former subsec. (f) redesignated (g). See Codification note above. Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: “In general”, “Exceptions”, and “Definitions”, respectively. Subsec. (g). Pub. L. 119–60, §§ 3111(d)(1)(B), 3112(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (i). See Codification note above. Subsec. (i). Pub. L. 119–60, §§ 3111(d)(1)(B), 3112(1)–(3), redesignated subsec. (g) as (i) and moved subsec. (i) so as to appear after subsec. (h) and substituted “this section” for “this subsection” in introductory provisions. See Codification note above.

Reference

Citations & Metadata

Citation

10 U.S.C. § 6128

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73