50 USC 2538a - Plutonium pit production capacity

U.S Code last checked for updates: Jan 18, 2025

§ 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

(c)

Plan

(d)

Certifications on plutonium enterprise

(1)

Requirement

(2)

Failure to certify

(e)

Reports

(1)

Requirement

(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)

Prohibition on ARIES expansion before achievement of 30 pit-per-year base capability

(1)

In general

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)

Exceptions

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)

Definitions

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.

(g)

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).

(h)

Management of plutonium modernization program

(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; Pub. L. 118–31, div. C, title XXXI, §§ 3116, 3117, Dec. 22, 2023, 137 Stat. 790, 791.)

cite as: 50 USC 2538a