§ 2121. Authority of Commission

§ 2121. Authority of Commission

(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—

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: 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.

(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,

(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 amendment 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 section 4206 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(7), Nov. 24, 2003, 117 Stat. 1759, and classified to section 2526 of Title 50, War and National Defense, and was repealed and restated as section 6118 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1356, 1458.

Authority To Provide Certificate of Commendation 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 section 4605 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(6), Nov. 24, 2003, 117 Stat. 1778, and classified to section 2705 of Title 50, War and National Defense, and was repealed and restated as section 6244 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1417, 1458.

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 by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(5)(A)–(C), Nov. 24, 2003, 117 Stat. 1758, and classified to section 2524 of Title 50, War and National Defense, and was repealed and restated as section 6116 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1352, 1458.

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 formerly set out as a note under this section, was renumbered section 4202 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(3), Nov. 24, 2003, 117 Stat. 1758, and classified to section 2522 of Title 50, War and National Defense, and was repealed and restated as section 6113 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1345, 1458.

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 Defense, in consultation with the Secretary of Energy, shall enter into a contract with a federally funded research and development center to establish a panel for the assessment of the certification process for the reliability, safety, and security of the United States nuclear stockpile. “(b) Composition and Administration of Panel.—(1) The panel shall consist of private citizens of the United States with knowledge and expertise in the technical aspects of design, manufacture, and maintenance of nuclear 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 review 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 certifying the safety, security, and reliability of the nuclear weapons stockpile of the United States. “(3) The adequacy of the criteria established by the Secretary of Energy pursuant to section 3158 [formerly set out as a note above] for achieving the purposes 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 findings and conclusions resulting from the review and assessment carried out for the year covered by the report. The report shall be submitted in classified and unclassified 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 department or agency information that the panel considers 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 Livermore National Laboratory, the Sandia National Laboratories, 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 Defense shall each designate at least one officer or employee of the Department of Energy and the Department of Defense, respectively, to serve as a liaison officer between the department and the panel. “(f) Funding.—The Secretary of Defense and the Secretary 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 Department of Energy for the National Nuclear Security Administration shall be available for the Department of Energy contribution. “(g) Termination of Panel.—The panel shall terminate April 1, 2003. “(h) Initial Implementation.—The Secretary of Defense shall enter into the contract required under subsection (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 follow-up report assessing progress toward meeting the expectations set forth by the panel for the United States stockpile stewardship program, and making recommendations for corrective legislative action where progress has been unsatisfactory.”

Plan for Stewardship, Management, and Certification 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 by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(4), Nov. 24, 2003, 117 Stat. 1758, and classified to section 2523 of Title 50, War and National Defense, and was repealed and restated as section 6114 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1346, 1458.

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, established 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 Secretary 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 by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(16)(A)–(C), Nov. 24, 2003, 117 Stat. 1761, and classified to section 2541 of Title 50, War and National Defense, and was repealed and restated as section 6141 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1372, 1458.

Manufacturing Infrastructure for Refabrication and Certification of Nuclear Weapons Stockpile