42 U.S.C. § 2121 — Authority of Commission

Page 5418 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2121 (1) by rule, regulation, or order require per- sons, officers, or instrumentalities exempted from licensing under section 2111 of this title to conduct monitoring, perform remedial work, and to comply with such other measures as it may deem necessary or desirable to pro- tect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and (2) make such studies and inspections and to conduct such monitoring as may be necessary. Any violation by any person other than the United States or any officer or employee of the United States or a State of any rule, regulation, or order or licensing provision, of the Commis- sion established under this section or section 2113 of this title shall be subject to a civil pen- alty in the same manner and in the same amount as violations subject to a civil penalty under section 2282 of this title. Nothing in this section affects any authority of the Commission under any other provision of this chapter. (c) Alternative requirements or proposals In the case of sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct ma- terial as defined in section 2014(e)(2) of this title, a licensee may propose alternatives to specific requirements adopted and enforced by the Com- mission under this chapter. Such alternative proposals may take into account local or re- gional conditions, including geology, topog- raphy, hydrology and meteorology. The Com- mission may treat such alternatives as satis- fying Commission requirements if the Commis- sion determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and en- forced by the Commission for the same purpose and any final standards promulgated by the Ad- ministrator of the Environmental Protection Agency in accordance with section 2022 of this title. (Aug. 1, 1946, ch. 724, title I, § 84, as added Pub. L. 95–604, title II, § 205(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L. 97–415, §§ 20, 22(a), Jan. 4, 1983, 96 Stat. 2079, 2080; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, as amended, referred to in subsec. (a)(3), is title II of Pub. L. 89–272, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1983—Subsec. (a)(1). Pub. L. 97–415, § 22(a), inserted provision that the Commission is to take into account the risk to the public health, safety, and the environ- ment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate. Subsec. (c). Pub. L. 97–415, § 20, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 8, 1978, see section 208 of Pub. L. 95–604, set out as an Effective Date of 1978 Amend- ment note under section 2014 of this title. SUBCHAPTER VIII—MILITARY APPLICATION OF ATOMIC ENERGY § 2121. Authority of Commission (a) Research and development; weapons produc- tion; hazardous wastes; transfers of tech- nologies 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 weap- ons, or atomic weapon parts, except that such activities shall be carried on only to the ex- tent 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 negotia- tion and verification of international agree- ments 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 organiza- tions so that the prospects for commercializa- tion 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 de- fense, or (2) to authorize the Department of De- fense to manufacture, produce, or acquire any atomic weapon or utilization facility for mili- tary purposes: Provided, however, That such au- thorization shall not extend to the production of special nuclear material other than that inci- dental to the operation of such utilization facili- ties. Page 5419 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2121 (c) Sale, lease, or loan to other Nations of mate- rials for military applications The President may authorize the Commission or the Department of Defense, with the assist- ance of the other, to cooperate with another na- tion and, notwithstanding the provisions of sec- tion 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 ap- proved by the President— (1) nonnuclear parts of atomic weapons pro- vided that such nation has made substantial progress in the development of atomic weap- ons, 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 applica- tions; and (3) source, byproduct, or special nuclear ma- terial for research on, development of, produc- tion of, or use in utilization facilities for mili- tary applications; and (4) source, byproduct, or special nuclear ma- terial for research on, development of, or use in atomic weapons: Provided, however, That the transfer of such material to that nation is nec- essary 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 pro- posed cooperation and each proposed transfer ar- rangement for the nonnuclear parts of atomic weapons and atomic weapons systems, utiliza- tion facilities or source, byproduct, or special nuclear material will promote and will not con- stitute an unreasonable risk to the common de- fense 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 de- fense and security: Provided, however, That the cooperation is undertaken pursuant to an agree- ment entered into in accordance with section 2153 of this title: And provided further, That if an agreement for cooperation arranged pursuant to this subsection provides for transfer of utiliza- tion facilities for military applications the Com- mission, or the Department of Defense with re- spect to cooperation it has been authorized to undertake, may authorize any person to transfer such utilization facilities for military applica- tions in accordance with the terms and condi- tions of this subsection and of the agreement for cooperation. (Aug. 1, 1946, ch. 724, title I, § 91, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub. L. 85–479, § 1, July 2, 1958, 72 Stat. 276; Pub. L. 101–189, div. C, title XXXI, § 3157, Nov. 29, 1989, 103 Stat. 1684; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1806(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1989—Subsec. (a)(3) to (5). Pub. L. 101–189 added pars. (3) to (5). 1958—Subsec. (c). Pub. L. 85–479 added subsec. (c). Statutory Notes and Related Subsidiaries FORM OF CERTIFICATIONS REGARDING SAFETY OR RELIABILITY OF NUCLEAR WEAPONS STOCKPILE Pub. L. 106–398, § 1 [div. C, title XXXI, § 3194], Oct. 30, 2000, 114 Stat. 1654, 1654A–481, which was formerly set out as a note under this section, was renumbered sec- tion 4206 of Pub. L. 107–314, the Bob Stump National De- fense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(7), Nov. 24, 2003, 117 Stat. 1759, and is classified to section 2526 of Title 50, War and National Defense. AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDA- TION TO DEPARTMENT OF ENERGY AND CONTRACTOR EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE STEWARDSHIP AND SECURITY Pub. L. 106–398, § 1 [div. C, title XXXI, § 3195], Oct. 30, 2000, 114 Stat. 1654, 1654A–481, which was formerly set out as a note under this section, was renumbered sec- tion 4605 of Pub. L. 107–314, the Bob Stump National De- fense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(6), Nov. 24, 2003, 117 Stat. 1778, and is classified to section 2705 of Title 50, War and National Defense. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM Pub. L. 106–65, div. C, title XXXI, § 3133, Oct. 5, 1999, 113 Stat. 926, which was formerly set out as a note under this section, was renumbered section 4204 of Pub. L. 107–314, the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(5)(A)–(C), Nov. 24, 2003, 117 Stat. 1758, and is classified to section 2524 of Title 50, War and National Defense. REPORT ON STOCKPILE STEWARDSHIP CRITERIA Pub. L. 105–261, div. C, title XXXI, § 3158, Oct. 17, 1998, 112 Stat. 2257, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, which was for- merly set out as a note under this section, was renum- bered section 4202 of Pub. L. 107–314, the Bob Stump Na- tional Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(3), Nov. 24, 2003, 117 Stat. 1758, and is classified to section 2522 of Title 50, War and National Defense. PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE UNITED STATES NUCLEAR STOCKPILE Pub. L. 105–261, div. C, title XXXI, § 3159, Oct. 17, 1998, 112 Stat. 2258, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–107, div. C, title XXXI, § 3156, Dec. 28, 2001, 115 Stat. 1379; Pub. L. 107–314, div. C, title XXXI, § 3175, Dec. 2, 2002, 116 Stat. 2745, provided that: ‘‘(a) REQUIREMENT FOR PANEL.—The Secretary of De- fense, in consultation with the Secretary of Energy, shall enter into a contract with a federally funded re- search and development center to establish a panel for the assessment of the certification process for the reli- ability, safety, and security of the United States nu- clear stockpile. ‘‘(b) COMPOSITION AND ADMINISTRATION OF PANEL.—(1) The panel shall consist of private citizens of the United Page 5420 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2121 States with knowledge and expertise in the technical aspects of design, manufacture, and maintenance of nu- clear weapons. ‘‘(2) The federally funded research and development center shall be responsible for establishing appropriate procedures for the panel, including selection of a panel chairman. ‘‘(c) DUTIES OF PANEL.—Each year the panel shall re- view and assess the following: ‘‘(1) The annual certification process, including the conclusions and recommendations resulting from the process, for the safety, security, and reliability of the nuclear weapons stockpile of the United States, as carried out by the directors of the national weapons laboratories. ‘‘(2) The long-term adequacy of the process of certi- fying the safety, security, and reliability of the nu- clear weapons stockpile of the United States. ‘‘(3) The adequacy of the criteria established by the Secretary of Energy pursuant to section 3158 [for- merly set out as a note above] for achieving the pur- poses for which those criteria are established. ‘‘(d) REPORT.—Not later than October 1 of 1999 and 2000, and not later than February 1, 2002, the panel shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth its find- ings and conclusions resulting from the review and as- sessment carried out for the year covered by the report. The report shall be submitted in classified and unclas- sified form. ‘‘(e) COOPERATION OF OTHER AGENCIES.—(1) The panel may secure directly from the Department of Energy, the Department of Defense, or any of the national weapons laboratories or plants or any other Federal de- partment or agency information that the panel con- siders necessary to carry out its duties. ‘‘(2) For carrying out its duties, the panel shall be provided full and timely cooperation by the Secretary of Energy, the Secretary of Defense, the Commander of United States Strategic Command, the Directors of the Los Alamos National Laboratory, the Lawrence Liver- more National Laboratory, the Sandia National Lab- oratories, the Savannah River Site, the Y–12 Plant, the Pantex Facility, and the Kansas City Plant, and any other official of the United States that the chairman of the panel determines as having information described in paragraph (1). ‘‘(3) The Secretary of Energy and the Secretary of De- fense shall each designate at least one officer or em- ployee of the Department of Energy and the Depart- ment of Defense, respectively, to serve as a liaison offi- cer between the department and the panel. ‘‘(f) FUNDING.—The Secretary of Defense and the Sec- retary of Energy shall each contribute 50 percent of the amount of funds that are necessary for the panel to carry out its duties. Funds available for the Depart- ment of Energy for the National Nuclear Security Ad- ministration shall be available for the Department of Energy contribution. ‘‘(g) TERMINATION OF PANEL.—The panel shall termi- nate April 1, 2003. ‘‘(h) INITIAL IMPLEMENTATION.—The Secretary of De- fense shall enter into the contract required under sub- section (a) not later than 60 days after the date of the enactment of this Act [Oct. 17, 1998]. The panel shall convene its first meeting not later than 30 days after the date as of which all members of the panel have been appointed. ‘‘(i) FOLLOW-UP REPORT.—Not later than February 1, 2003, the panel shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a fol- low-up report assessing progress toward meeting the expectations set forth by the panel for the United States stockpile stewardship program, and making rec- ommendations for corrective legislative action where progress has been unsatisfactory.’’ COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE Pub. L. 104–201, div. C, title XXXI, § 3162, Sept. 23, 1996, 110 Stat. 2843, as amended by Pub. L. 105–85, div. C, title XXXI, § 3163, Nov. 18, 1997, 111 Stat. 2049, estab- lished the Commission on Maintaining United States Nuclear Weapons Expertise to develop a plan to attract qualified personnel to the nuclear weapons complex and directed the Commission to submit a report to the Sec- retary of Energy and to Congress by Mar. 15, 1999, 30 days after which the Commission would terminate. TRITIUM PRODUCTION PROGRAM Pub. L. 104–106, div. C, title XXXI, § 3133, Feb. 10, 1996, 110 Stat. 618, which was formerly set out as a note under this section, was renumbered section 4231 of Pub. L. 107–314, the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(16)(A)–(C), Nov. 24, 2003, 117 Stat. 1761, and is classified to section 2541 of Title 50, War and National Defense. MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND CERTIFICATION OF NUCLEAR WEAPONS STOCKPILE Pub. L. 104–106, div. C, title XXXI, § 3137, Feb. 10, 1996, 110 Stat. 620, as amended by Pub. L. 104–201, div. C, title XXXI, § 3132(a), (b), Sept. 23, 1996, 110 Stat. 2829, which was formerly set out as a note under this section, was renumbered section 4212 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(13)(A)–(C), Nov. 24, 2003, 117 Stat. 1760, and is classified to section 2532 of Title 50, War and National Defense. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX Pub. L. 104–106, div. C, title XXXI, § 3140, Feb. 10, 1996, 110 Stat. 621, as amended by Pub. L. 106–65, div. C, title XXXI, § 3162(a)–(d), Oct. 5, 1999, 113 Stat. 943, which was formerly set out as a note under this section, was re- numbered section 4623 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(10), Nov. 24, 2003, 117 Stat. 1779, and is classified to section 2723 of Title 50, War and National Defense. STUDY ON NUCLEAR TEST READINESS POSTURES Pub. L. 104–106, div. C, title XXXI, § 3152, Feb. 10, 1996, 110 Stat. 623, as amended by Pub. L. 106–398, § 1 [div. C, title XXXI, § 3192], Oct. 30, 2000, 114 Stat. 1654, 1654A–480, which was formerly set out as a note under this sec- tion, was renumbered section 4208 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fis- cal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(9), Nov. 24, 2003, 117 Stat. 1759, and was classi- fied to section 2528 of Title 50, War and National De- fense, prior to repeal by Pub. L. 112–239, div. C, title XXXI, § 3133(e)(1)(A), (2), Jan. 2, 2013, 126 Stat. 2192, 2193. PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFI- CATION OF WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE Pub. L. 105–85, div. C, title XXXI, § 3151, Nov. 18, 1997, 111 Stat. 2041, which was formerly set out as a note under this section, was renumbered section 4203 of Pub. L. 107–314, the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(4), Nov. 24, 2003, 117 Stat. 1758, and is classified to section 2523 of Title 50, War and Na- tional Defense. REPORT ON WASTE STREAMS GENERATED BY NUCLEAR WEAPONS PRODUCTION CYCLE Pub. L. 103–337, div. C, title XXXI, § 3154, Oct. 5, 1994, 108 Stat. 3091, directed Secretary of Energy, not later than Mar. 31, 1996, to submit to Congress report con- Page 5421 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2121 taining description of all waste streams generated be- fore 1992 during each step of complete cycle of produc- tion and disposition of nuclear weapon components by Department of Energy, with description for each such step to be based on unit of analysis appropriate for that step, and to include estimate of volume of waste gen- erated per unit of analysis and analysis of characteris- tics of each waste stream. PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW- YIELD NUCLEAR WEAPONS Pub. L. 103–160, div. C, title XXXI, § 3136, Nov. 30, 1993, 107 Stat. 1946, expressed policy of United States with respect to research and development of low-yield nu- clear weapons, prior to repeal by Pub. L. 108–136, div. C, title XXXI, § 3116(a), Nov. 24, 2003, 117 Stat. 1746. [Pub. L. 108–136, div. C, title XXXI, § 3116(b), Nov. 24, 2003, 117 Stat. 1746, provided that: ‘‘Nothing in the re- peal made by subsection (a) [repealing section 3136 of Pub. L. 103–160, formerly set out as a note above] shall be construed as authorizing the testing, acquisition, or deployment of a low-yield nuclear weapon.’’] STOCKPILE STEWARDSHIP PROGRAM Pub. L. 105–85, div. C, title XXXI, § 3156, Nov. 18, 1997, 111 Stat. 2045, expressed findings of Congress and policy of United States about the direction and conduct of the stockpile stewardship program, prior to repeal by Pub. L. 105–261, div. C, title XXXI, § 3157, Oct. 17, 1998, 112 Stat. 2257. Pub. L. 103–160, div. C, title XXXI, § 3138, Nov. 30, 1993, 107 Stat. 1946, as amended by Pub. L. 105–85, div. C, title XXXI, § 3152(e), Nov. 18, 1997, 111 Stat. 2042, which was formerly set out as a note under this section, was re- numbered section 4201 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(2), Nov. 24, 2003, 117 Stat. 1758, and is classified to section 2521 of Title 50, War and National Defense. LIMITATIONS ON UNITED STATES NUCLEAR WEAPONS TESTING Pub. L. 103–160, div. A, title II, § 261, Nov. 30, 1993, 107 Stat. 1608, provided that: ‘‘(a) LIMITATION ON OBLIGATION OF FUNDS.—The Sec- retary of Defense may not obligate funds in preparation for any activity of the Department of Defense, includ- ing the so-called ‘Mighty Uncle’ test, to study the ef- fects of a nuclear weapon explosion through under- ground nuclear weapons testing unless that test is per- mitted in accordance with the provisions of section 507 of Public Law 102–377 [set out below] (106 Stat. 1343). ‘‘(b) CERTAIN ACTIONS NOT PROHIBITED.—Subsection (a) does not preclude the Secretary of Defense, acting through the Director of the Defense Nuclear Agency, from— ‘‘(1) proceeding with underground nuclear test tun- nel deactivation and environmental cleanup; or ‘‘(2) expending funds for infrastructure activities not covered by the limitation in subsection (a). ‘‘(c) FUNDING.—Of the funds authorized to be appro- priated pursuant to section 201 [107 Stat. 1583] for De- fense-wide activities, not more than $38,000,000 may be used for activities described in subsection (b).’’ Pub. L. 103–160, div. C, title XXXI, § 3137, Nov. 30, 1993, 107 Stat. 1946, which was formerly set out as a note under this section, was renumbered section 4211 of Pub. L. 107–314, the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(12)(A)–(C), Nov. 24, 2003, 117 Stat. 1760, and was classified to section 2531 of Title 50, War and National Defense, prior to repeal by Pub. L. 112–239, div. C, title XXXI, § 3131(d)(3), Jan. 2, 2013, 126 Stat. 2181. Pub. L. 102–377, title V, § 507, Oct. 2, 1992, 106 Stat. 1343, as amended by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(11), Nov. 24, 2003, 117 Stat. 1760, provided that: ‘‘(a) Hereafter, funds made available by this Act or any other Act for fiscal year 1993 or for any other fiscal year may be available for conducting a test of a nuclear explosive device only if the conduct of that test is per- mitted in accordance with the provisions of this sec- tion. ‘‘(b) No underground test of a nuclear weapon may be conducted by the United States after September 30, 1992, and before July 1, 1993. ‘‘(c) On and after July 1, 1993, and before January 1, 1997, an underground test of a nuclear weapon may be conducted by the United States— ‘‘(1) only if— ‘‘(A) the President has submitted the annual re- port required under subsection (d); ‘‘(B) 90 days have elapsed after the submittal of that report in accordance with that subsection; and ‘‘(C) Congress has not agreed to a joint resolution described in subsection (d)(3) within that 90-day pe- riod; and ‘‘(2) only if the test is conducted during the period covered by the report. ‘‘(d)(1) Not later than March 1, of each year beginning after 1992, the President shall submit to the Commit- tees on Armed Services and Appropriations of the Sen- ate and the House of Representatives, in classified and unclassified forms, a report containing the following matters: ‘‘(A) A schedule for resumption of the Nuclear Test- ing Talks with Russia. ‘‘(B) A plan for achieving a multilateral com- prehensive ban on the testing of nuclear weapons on or before September 30, 1996. ‘‘(C) An assessment of the number and type of nu- clear warheads that will remain in the United States stockpile of active nuclear weapons on September 30, 1996. ‘‘(D) For each fiscal year after fiscal year 1992, an assessment of the number and type of nuclear war- heads that will remain in the United States stockpile of nuclear weapons and that— ‘‘(i) will not be in the United States stockpile of active nuclear weapons; ‘‘(ii) will remain under the control of the Depart- ment of Defense; and ‘‘(iii) will not be transferred to the Department of Energy for dismantlement. ‘‘(E) A description of the safety features of each warhead that is covered by an assessment referred to in subparagraph (C) or (D). ‘‘(F) A plan for installing one or more modern safe- ty features in each warhead identified in the assess- ment referred to in subparagraph (C), as determined after an analysis of the costs and benefits of install- ing such feature or features in the warhead, should have one or more of such features. ‘‘(G) An assessment of the number and type of nu- clear weapons tests, not to exceed 5 tests in any pe- riod covered by an annual report under this para- graph and a total of 15 tests in the 4-fiscal year period beginning with fiscal year 1993, that are necessary in order to ensure the safety of each nuclear warhead in which one or more modern safety features are in- stalled pursuant to the plan referred to in subpara- graph (F). ‘‘(H) A schedule, in accordance with subparagraph (G), for conducting at the Nevada test site, each of the tests enumerated in the assessment pursuant to subparagraph (G). ‘‘(2) The first annual report shall cover the period be- ginning on the date on which a resumption of testing of nuclear weapons is permitted under subsection (c) and ending on September 30, 1994. Each annual report thereafter shall cover the fiscal year following the fis- cal year in which the report is submitted. ‘‘(3) For the purposes of paragraph (1), ‘joint resolu- tion’ means only a joint resolution introduced after the date on which the Committees referred to in that para- graph receive the report required by that paragraph the matter after the resolving clause of which is as follows: ‘The Congress disapproves the report of the President on nuclear weapons testing, dated .’ (the blank space being appropriately filled in). Page 5422 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2122 1 So in original. Probably should be ‘‘subsection’’. ‘‘(4) No report is required under this subsection after 1996. ‘‘(e)(1) Except as provided in paragraphs (2) and (3), during a period covered by an annual report submitted pursuant to subsection (d), nuclear weapons may be tested only as follows: ‘‘(A) Only those nuclear explosive devices in which modern safety features have been installed pursuant to the plan referred to in subsection (d)(1)(F) may be tested. ‘‘(B) Only the number and types of tests specified in the report pursuant to subsection (d)(1)(G) may be conducted. ‘‘(2)(A) One test of the reliability of a nuclear weapon other than one referred to in paragraph (1)(A) may be conducted during any period covered by an annual re- port, but only if— ‘‘(i) within the first 60 days after the beginning of that period, the President certifies to Congress that it is vital to the national security interests of the United States to test the reliability of such a nuclear weapon; and ‘‘(ii) within the 60-day period beginning on the date that Congress receives the certification, Congress does not agree to a joint resolution described in sub- paragraph (B). ‘‘(B) For the purposes of subparagraph (A), ‘joint res- olution’ means only a joint resolution introduced after the date on which the Congress receives the certifi- cation referred to in that subparagraph the matter after the resolving clause of which is as follows: ‘The Congress disapproves the testing of a nuclear weapon covered by the certification of the President dated .’ (the blank space being appropriately filled in). ‘‘(3) The President may authorize the United King- dom to conduct in the United States, within a period covered by an annual report, one test of a nuclear weapon if the President determines that it is in the na- tional interests of the United States to do so. Such a test shall be considered as one of the tests within the maximum number of tests that the United States is permitted to conduct during that period under para- graph (1)(B). ‘‘(f) [Transferred to section 2530 of Title 50, War and National Defense.] ‘‘(g) In the computation of the 90-day period referred to in subsection (c)(1) and the 60-day period referred to in subsection (e)(2)(A)(ii), the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded. ‘‘(h) In this section, the term ‘modern safety feature’ means any of the following features: ‘‘(1) An insensitive high explosive (IHE). ‘‘(2) Fire resistant pits (FRP). ‘‘(3) An enhanced detonation safety (ENDS) sys- tem.’’ NUCLEAR TEST BAN READINESS PROGRAM Pub. L. 100–456, div. A, title XIV, § 1436, Sept. 29, 1988, 102 Stat. 2075, as amended by Pub. L. 105–85, div. C, title XXXI, § 3152(i), Nov. 18, 1997, 111 Stat. 2042, which was formerly set out as a note under this section, was re- numbered section 4207 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(8)(A)–(C), Nov. 24, 2003, 117 Stat. 1759, and is classified to section 2527 of Title 50, War and National Defense. Executive Documents DELEGATION OF FUNCTIONS Authority vested in President by subsec. (c) of this section delegated to Secretary of Defense and Sec- retary of Energy, see section 2(a)(1) of Ex. Ord. No. 10841, as amended, set out as a note under section 2153 of this title. § 2122. Prohibitions governing atomic weapons (a) It shall be unlawful, except as provided in section 2121 of this title, for any person, inside or outside of the United States, to knowingly participate in the development of, manufacture, produce, transfer, acquire, receive, possess, im- port, export, or use, or possess and threaten to use, any atomic weapon. Nothing in this section shall be deemed to modify the provisions of sec- tion 2051(a) or 2131 of this title. (b) Whoever knowingly and willfully impedes the passage of a vehicle of a nuclear materials courier (as defined in section 8331 of title 5) en- gaged in the transport of any atomic weapon, special nuclear material, atomic weapon compo- nent, or Restricted Data shall be subject to ar- rest and imposition of a criminal fine of not more than $1,000. (c) Conduct prohibited by subsections 1 (a) or (b) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; the offense occurs out- side of the United States and is committed by a national of the United States; (2) the offense is committed against a na- tional of the United States while the national is outside the United States; (3) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdic- tion exists under this subsection to commit an offense under this section. (d) The Attorney General shall have primary investigative authority for any violation of this section. (Aug. 1, 1946, ch. 724, title I, § 92, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub. L. 85–479, § 2, July 2, 1958, 72 Stat. 277; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 108–458, title VI, §§ 6803(b), 6904(a), Dec. 17, 2004, 118 Stat. 3768, 3771; Pub. L. 118–31, div. C, title XXXI, § 3115, Dec. 22, 2023, 137 Stat. 790.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1806(b) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2023—Subsecs. (b) to (d). Pub. L. 118–31 added subsecs. (b) and (d), redesignated former subsec. (b) as (c), and, in subsec. (c), substituted ‘‘prohibited by subsections (a) or (b)’’ for ‘‘prohibited by subsection (a)’’ in intro- ductory provisions. 2004—Pub. L. 108–458, § 6904(a)(1), designated existing provisions as subsec. (a). Pub. L. 108–458, § 6803(b)(2), inserted ‘‘participate in the development of,’’ after ‘‘interstate or foreign com- merce,’’.