---
kind: "section"
citation: "10 U.S.C. § 6120"
title: "10"
title_heading: "Armed Forces"
number: "6120"
heading: "Requirements for specific request for new or modified nuclear weapons"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/6120"
units:
  - "Subtitle A — General Military Law"
  - "Part VI — Elements of Department of Defense and Other Matters"
  - "Subpart B — Atomic Energy Defense"
  - "Chapter 602 — Nuclear Weapons Stockpile Matters"
  - "Subchapter I — Stockpile Stewardship and Weapons Production"
---

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

- (a) **Requirement for Request for Funds for Development.—**
  - (1) In any fiscal year after fiscal year 2002 in which the [Secretary](/usc/10/4951.md?p=3) of Energy plans to carry out activities described in [paragraph (2)](#a-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](/usc/10/4951.md?p=3)—
    - (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](/usc/31/1105.md?p=a); 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](/usc/10/101.md?p=a-6) of Energy Organization Act ([42 U.S.C. 7270](/usc/42/7270.md)).
  - (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](/usc/10/101.md?p=a-1).
    - (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](/usc/10/101.md?p=a-1).
    - (C) The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the [United States](/usc/10/101.md?p=a-1).
    - (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](/usc/10/101.md?p=a-1).
- (b) **Budget Request Format.—** In a request for funds under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) shall include a dedicated line item for each activity described in [subsection (a)(2)](#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) **Notification and Briefing of Noncovered Activities.—** In any fiscal year after fiscal year 2022, the [Secretary](/usc/10/4951.md?p=3) of Energy, acting through the [Administrator](/usc/10/2700.md?p=3), in conjunction with the annual submission of the budget of the President to Congress pursuant to [section 1105 of title 31](/usc/31/1105.md), shall notify the [congressional defense committees](/usc/10/101.md?p=a-16) of—
  - (1) any activities described in [subsection (a)(2)](#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)](#a-2) relating to the development of a new nuclear weapon or modified nuclear weapon during the fiscal year covered by that budget.
- (d) **Definitions.—** 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](/usc/10/801.md?p=8) requirement that is other than the [military](/usc/10/801.md?p=8) 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.

## Source credit

(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1357, 1462.)

## Notes

### 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.”