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42 U.S.C. § 2121 — Authority of Commission
Federal law — U.S. Code and appendices · legal_authorities
**(a) Research and development; weapons production; hazardous wastes; transfers of technologies** The Commission is authorized to—
(1) conduct experiments and do research and development work in the military application of atomic energy;
(2) engage in the production of atomic weapons, or atomic weapon parts, except that such activities shall be carried on only to the extent that the express consent and direction of the President of the United States has been obtained, which consent and direction shall be obtained at least once each year;
(3) provide for safe storage, processing, transportation, and disposal of hazardous waste (including radioactive waste) resulting from nuclear materials production, weapons production and surveillance programs, and naval nuclear propulsion programs;
(4) carry out research on and development of technologies needed for the effective negotiation and verification of international agreements on control of special nuclear materials and nuclear weapons; and
(5) under applicable law (other than this paragraph) and consistent with other missions of the Department of Energy, make transfers of federally owned or originated technology to State and local governments, private industry, and universities or other nonprofit organizations so that the prospects for commercialization of such technology are enhanced.
**(b) Material for Department of Defense use** The President from time to time may direct the Commission (1) to deliver such quantities of special nuclear material or atomic weapons to the Department of Defense for such use as he deems necessary in the interest of national defense, or (2) to authorize the Department of Defense to manufacture, produce, or acquire any atomic weapon or utilization facility for military purposes: Provided, ho
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Source location: Title 42, Chapter 23, § 2121; chapter-023-development-and-control-of-atomic-energy.md
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**(a) Research and development; weapons production; hazardous wastes; transfers of technologies** The Commission is authorized to—
(1) conduct experiments and do research and development work in the military application of atomic energy;
(2) engage in the production of atomic weapons, or atomic weapon parts, except that such activities shall be carried on only to the extent that the express consent and direction of the President of the United States has been obtained, which consent and direction shall be obtained at least once each year;
(3) provide for safe storage, processing, transportation, and disposal of hazardous waste (including radioactive waste) resulting from nuclear materials production, weapons production and surveillance programs, and naval nuclear propulsion programs;
(4) carry out research on and development of technologies needed for the effective negotiation and verification of international agreements on control of special nuclear materials and nuclear weapons; and
(5) under applicable law (other than this paragraph) and consistent with other missions of the Department of Energy, make transfers of federally owned or originated technology to State and local governments, private industry, and universities or other nonprofit organizations so that the prospects for commercialization of such technology are enhanced.
**(b) Material for Department of Defense use** The President from time to time may direct the Commission (1) to deliver such quantities of special nuclear material or atomic weapons to the Department of Defense for such use as he deems necessary in the interest of national defense, or (2) to authorize the Department of Defense to manufacture, produce, or acquire any atomic weapon or utilization facility for military purposes: Provided, however, That such authorization shall not extend to the production of special nuclear material other than that incidental to the operation of such utilization facilities.
**(c) Sale, lease, or loan to other Nations of materials for military applications** The President may authorize the Commission or the Department of Defense, with the assistance of the other, to cooperate with another nation and, notwithstanding the provisions of section 2077, 2092, or 2111 of this title, to transfer by sale, lease, or loan to that nation, in accordance with terms and conditions of a program approved by the President—
(1) nonnuclear parts of atomic weapons provided that such nation has made substantial progress in the development of atomic weapons, and other nonnuclear parts of atomic weapons systems involving Restricted Data provided that such transfer will not contribute significantly to that nation’s atomic weapon design, development, or fabrication capability; for the purpose of improving that nation’s state of training and operational readiness;
(2) utilization facilities for military applications; and
(3) source, byproduct, or special nuclear material for research on, development of, production of, or use in utilization facilities for military applications; and
(4) source, byproduct, or special nuclear material for research on, development of, or use in atomic weapons: Provided, however, That the transfer of such material to that nation is necessary to improve its atomic weapon design, development, or fabrication capability: And provided further, That such nation has made substantial progress in the development of atomic weapons,
whenever the President determines that the proposed cooperation and each proposed transfer arrangement for the nonnuclear parts of atomic weapons and atomic weapons systems, utilization facilities or source, byproduct, or special nuclear material will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim): And provided further, That if an agreement for cooperation arranged pursuant to this subsection provides for transfer of utilization facilities for military applications the Commission, or the Department of Defense with respect to cooperation it has been authorized to undertake, may authorize any person to transfer such utilization facilities for military applications in accordance with the terms and conditions of this subsection and of the agreement for cooperation.
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Federal law — U.S. Code and appendices · legal_authorities
Any certification submitted to the President by the Secretary of Defense or the Secretary of Energy regarding confidence in the safety or reliability of a nuclear weapon type in the United States nuclear weapons stockpile shall be submitted in classified form only.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6118
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Criteria.—** The Secretary of Energy shall develop clear and specific criteria for judging whether the science-based tools being used by the Department of Energy for determining the safety and reliability of the nuclear weapons stockpile are performing in a manner that will provide an adequate degree of certainty that the stockpile is safe and reliable.
**(b) Coordination With Secretary of Defense.—** The Secretary of Energy, in developing the criteria required by subsection (a), shall coordinate with the Secretary of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6113
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2529, Pub. L. 107–314, div. D, title XLII, § 4209, formerly div. C, title XXXI, § 3143, Dec. 2, 2002, 116 Stat. 2733; renumbered div. D, title XLII, § 4209, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(10), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 111–84, div. C, title XXXI, § 3115, Oct. 28, 2009, 123 Stat. 2707; Pub. L. 113–66, div. C, title XXXI, § 3146(c)(5), Dec. 26, 2013, 127 Stat. 1074; Pub. L. 115–232, div. C, title XXXI, § 3111(c), Aug. 13, 2018, 132 Stat. 2289; Pub. L. 117–263, div. C, title XXXI, § 3111, Dec. 23, 2022, 136 Stat. 3051; Pub. L. 118–159, div. C, title XXXI, § 3111(c)(3), Dec. 23, 2024, 138 Stat. 2295, related to requirements for requests for funds for development of new or modified nuclear weapons and notification and briefing of noncovered activities. See [section 6120 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6120&num=0&edition=prelim), Armed Forces.
Section 2530, Pub. L. 107–314, div. D, title XLII, § 4210, formerly Pub. L. 102–377, title V, § 507(f), Oct. 2, 1992, 106 Stat. 1345; renumbered Pub. L. 107–314, div. D, title XLII, § 4210, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(e)(11), Nov. 24, 2003, 117 Stat. 1760; Pub. L. 112–239, div. C, title XXXI, § 3131(d)(1), Jan. 2, 2013, 126 Stat. 2180, set out restrictions on underground and atmospheric testing of nuclear weapons. See [section 6121 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6121&num=0&edition=prelim), Armed Forces.
#### 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, which authorized the Secretary of Energy to carry out engineering development an
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Manufacturing Program.—**
(1) The Secretary of Energy shall carry out a program for purposes of establishing within the Government a manufacturing infrastructure that has the capabilities of meeting the following objectives:
(A) To provide a stockpile surveillance engineering base.
(B) To refabricate and certify weapon components and types in the enduring nuclear weapons stockpile, as necessary.
(C) To fabricate and certify new nuclear warheads, as necessary.
(D) To support nuclear weapons.
(E) To supply sufficient tritium in support of nuclear weapons to ensure an upload hedge in the event circumstances require.
(2) The purpose of the program carried out under paragraph (1) shall also be to develop manufacturing capabilities and capacities necessary to meet the requirements specified in the annual Nuclear Weapons Stockpile Memorandum.
**(b) Required Capabilities.—** The manufacturing infrastructure established under the program under subsection (a) shall include the following capabilities (modernized to attain the objectives referred to in that subsection):
(1) The weapons assembly and high explosives manufacturing capabilities of the Pantex Plant.
(2) The weapon secondary fabrication capabilities of the Y–12 National Security Complex, Oak Ridge, Tennessee.
(3) The capabilities of the Savannah River Site relating to tritium recycling and processing.
(4) The fissile material component processing and fabrication capabilities of the Savannah River Plutonium Processing Facility and the Los Alamos National Laboratory.
(5) The non-nuclear component capabilities of the Kansas City National Security Campus, Kansas City, Missouri.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6122
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Present Certificate of Commendation.—** The Secretary of Energy may present a certificate of commendation to any current or former employee of the Department of Energy, and any current or former employee of a Department contractor, whose service to the Department in matters relating to stockpile stewardship and security assisted the Department in furthering the national security interests of the United States.
**(b) Certificate.—** The certificate of commendation presented to a current or former employee under subsection (a) shall include an appropriate citation of the service of the current or former employee described in that subsection, including a citation for dedication, intellect, and sacrifice in furthering the national security interests of the United States by maintaining a strong, safe, and viable United States nuclear deterrent during the cold war or thereafter.
**(c) Department of Energy Defined.—** For purposes of this section, the term “Department of Energy” includes any predecessor agency of the Department of Energy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6244
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plan Requirement.—** The Administrator, in consultation with the Secretary of Defense and other appropriate officials of the departments and agencies of the Federal Government, shall develop and annually update a plan for sustaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, stockpile responsiveness, stockpile surveillance, program direction, infrastructure modernization, human capital, and nuclear test readiness. The plan shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum.
**(b) Submissions to Congress.—**
(1) In accordance with subsection (c), not later than 45 days after each date on which a budget for an odd-numbered fiscal year is submitted to Congress, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).
(2) The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
**(c) Elements of Biennial Detailed Report.—** Each detailed report on the plan submitted under subsection (b)(1) shall include, at a minimum, the following:
(1) With respect to stockpile stewardship, stockpile management, and stockpile responsiveness—
(A) the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type;
(B) for each five-year period occurring during the period beginning on the date of the report and ending on the date that is 20 years after the date of the report—
(i) the planned number of nuclear warheads (including active and inactive) for each warhead type in the nuclear weapons stockpile; and
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Program.—** The Secretary of Energy shall establish a tritium production program that is capable of meeting the tritium requirements of the United States for nuclear weapons.
**(b) Location of Tritium Production Facility.—** The Secretary shall locate any new tritium production facility of the Department of Energy at the Savannah River Site, South Carolina.
**(c) In-reactor Tests.—** The Secretary may perform in-reactor tests of tritium target rods as part of the activities carried out under the commercial light water reactor program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6141
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—** The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a program, in support of the stockpile stewardship program, to provide for the effective management, modernization, and replacement, as required, of the weapons in the nuclear weapons stockpile. The program shall have the following objectives:
(1) To enhance the performance and reliability of the nuclear weapons stockpile of the United States.
(2) To further reduce the likelihood of the resumption of underground nuclear weapons testing.
(3) To maintain the safety and security of the nuclear weapons stockpile.
(4) To optimize the future size of the nuclear weapons stockpile.
(5) To reduce the risk of an accidental detonation of an element of the stockpile.
(6) To reduce the risk of an element of the stockpile being used by a person or entity hostile to the United States, its vital interests, or its allies.
**(b) Program Limitations.—** In carrying out the stockpile management program under subsection (a), the Secretary of Energy shall ensure that—
(1) any changes made to the stockpile shall be consistent with the objectives identified in subsection (a);
(2) any changes made to the stockpile consistent with the objectives identified in subsection (a) are carried out in a cost effective manner; and
(3) any such changes made to the stockpile shall—
(A) be well understood and certifiable without the need to resume underground nuclear weapons testing;
(B) use the design, certification, and production expertise resident in the nuclear security enterprise to fulfill current mission requirements of the existing stockpile; and
(C) develop future generations of design, certification, and production expertise in t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6116
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Program.—** The Secretary of Energy shall establish and support a program to assure that the United States is in a position to maintain the reliability, safety, and continued deterrent effect of its stockpile of existing nuclear weapons designs in the event that a low-threshold or comprehensive ban on nuclear explosives testing is negotiated and ratified within the framework agreed to by the United States and the Russian Federation.
**(b) Purposes of Program.—** The purposes of the program under subsection (a) shall be the following:
(1) To assure that the United States maintains a vigorous program of stockpile inspection and non-explosive testing so that, if a low-threshold or comprehensive test ban is entered into, the United States remains able to detect and identify potential problems in stockpile reliability and safety in existing designs of nuclear weapons.
(2) To assure that the specific materials, components, processes, and personnel needed for the remanufacture of existing nuclear weapons or the substitution of alternative nuclear warheads are available to support such remanufacture or substitution if such action becomes necessary in order to satisfy reliability and safety requirements under a low-threshold or comprehensive test ban agreement.
(3) To assure that a vigorous program of research in areas related to nuclear weapons science and engineering is supported so that, if a low-threshold or comprehensive test ban agreement is entered into, the United States is able to maintain a base of technical knowledge about nuclear weapons design and nuclear weapons effects.
**(c) Conduct of Program.—** The Secretary of Energy shall carry out the program provided for in subsection (a). The program shall be carried out with the participation
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6119
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of Energy, acting through the Administrator, shall establish a stewardship program to ensure—
(1) the preservation of the core intellectual and technical competencies of the United States in nuclear weapons, including weapons design, system integration, manufacturing, security, use control, reliability assessment, and certification; and
(2) that the nuclear weapons stockpile is safe, secure, and reliable without the use of underground nuclear weapons testing.
**(b) Program Elements.—** The program shall include the following:
(1) An increased level of effort for the construction of new facilities and the modernization of existing facilities with production and manufacturing capabilities that are necessary to support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including—
(A) the nuclear weapons production facilities; and
(B) production and manufacturing capabilities resident in the national security laboratories.
(2) Support for advanced computational capabilities to enhance the simulation and modeling capabilities of the United States with respect to the performance over time of nuclear weapons.
(3) Support for above-ground experimental programs, such as hydrotesting, high-energy lasers, inertial confinement fusion, plasma physics, and materials research.
(4) Support for the modernization of facilities and projects that contribute to the experimental capabilities of the United States that support the sustainment and modernization of the United States nuclear weapons stockpile and the capabilities required to assess nuclear weapons effects.
(5) Support for the use of, and experiments
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6111
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