50 U.S.C. § 2538a (WAR AND NATIONAL DEFENSE)
§ 2538a. Plutonium pit production capacity
(a) Requirement
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) Annual certification
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) Plan
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) Certifications on plutonium enterprise
(1) Requirement
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) Failure to certify
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) Reports
(1) Requirement
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) Elements
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) Covered project defined
In this subsection, 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).
(Pub. L. 107–314, div. D, title XLII, § 4219, as added Pub. L. 113–291, div. C, title XXXI, § 3112(b)(1), Dec. 19, 2014, 128 Stat. 3886; amended Pub. L. 116–92, div. C, title XXXI, § 3116(b), Dec. 20, 2019, 133 Stat. 1952; Pub. L. 117–81, div. C, title XXXI, § 3111(a), Dec. 27, 2021, 135 Stat. 2219.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsecs. (d) to (f). Pub. L. 117–81 added subsecs. (d) to (f).
2019—Subsec. (a)(5). Pub. L. 116–92, § 3116(b)(1), added par. (5) and struck out former par. (5) which read as follows: “during a pilot period of not less than 90 days during 2027 (subject to subsection (b)), demonstrates the capability to produce war reserve plutonium pits at a rate sufficient to produce 80 pits per year.”
Subsec. (b). Pub. L. 116–92, § 3116(b)(2)–(4), redesignated subsec. (c) as (b), substituted “2030” for “2027 (or, if the authority under subsection (b) is exercised, 2029)”, and struck out former subsec. (b) which authorized a two-year delay of the demonstration requirement.
Subsec. (c). Pub. L. 116–92, § 3116(b)(3), (5), redesignated subsec. (d) as (c) and substituted “subsection (b)” for “subsection (c)”. Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 116–92, § 3116(b)(3), redesignated subsec. (d) as (c).
heading: Statutory Notes and Related Subsidiaries
heading: Sense of Congress Related to Modification to Certain Requirements Relating to Plutonium Pit Production Capacity
text: Pub. L. 116–92, div. C, title XXXI, § 3116(a), Dec. 20, 2019, 133 Stat. 1951, provided that:
“It is the sense of Congress that—
“(1) rebuilding a robust plutonium pit production infrastructure with a capacity of up to 80 pits per year is critical to maintaining the viability of the nuclear weapons stockpile;
“(2) that effort will require cooperation from experts across the nuclear security enterprise; and
“(3) any further delay to achieving a plutonium sustainment capability to support the planned stockpile life extension programs will result in an unacceptable capability gap to our deterrent posture.”