SUBCHAPTER VIII—MILITARY APPLICATION OF ATOMIC ENERGY
§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
(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
(Aug. 1, 1946, ch. 724, title I, §91, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1989—Subsec. (a)(3) to (5).
1958—Subsec. (c).
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
Delegation of Functions
Authority vested in President by subsec. (c) of this section delegated to Secretary of Defense and Secretary of Energy, see section 2(a)(1) of Ex. Ord. No. 10841, as amended, set out as a note under
Report on Waste Streams Generated by Nuclear Weapons Production Cycle
"(a)
"(b)
"(1) The term 'waste stream' means waste materials the storage, treatment, or disposition of which is regulated under Federal law, except that such term does not include usable source materials, usable byproduct materials, and usable special nuclear materials.
"(2) The terms 'byproduct material', 'source material', and 'special nuclear material' have the meaning given such terms in section 11 of the Atomic Energy Act of 1954 (
Prohibition on Research and Development of Low-Yield Nuclear Weapons
"(a)
"(b)
"(c)
"(1) to design a testing device that has a yield of less than five kilotons;
"(2) to modify an existing weapon for the purpose of addressing safety and reliability concerns; or
"(3) to address proliferation concerns.
"(d)
Stockpile Stewardship Program
"(a)
"(b)
"(1) An increased level of effort for advanced computational capabilities to enhance the simulation and modeling capabilities of the United States with respect to the detonation of nuclear weapons.
"(2) An increased level of effort for above-ground experimental programs, such as hydrotesting, high-energy lasers, inertial confinement fusion, plasma physics, and materials research.
"(3) Support for new facilities construction projects that contribute to the experimental capabilities of the United States, such as an advanced hydrodynamics facility, the National Ignition Facility, and other facilities for above-ground experiments to assess nuclear weapons effects.
"(c)
"(d)
"(1) any concerns with respect to the safety, security, effectiveness, or reliability of existing United States nuclear weapons raised by the Stockpile Surveillance Program of the Department of Energy, and the calculations and experiments performed by Sandia National Laboratories, Lawrence Livermore National Laboratory, or Los Alamos National Laboratory; and
"(2) if such concerns have been raised, the President's evaluation of each concern and a report on what actions are being or will be taken to address that concern."
Limitations on United States Nuclear Weapons Testing
"(a)
"(b)
"(1) proceeding with underground nuclear test tunnel deactivation and environmental cleanup; or
"(2) expending funds for infrastructure activities not covered by the limitation in subsection (a).
"(c)
"(a)
"(b)
"(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 permitted in accordance with the provisions of this section.
"(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 report 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 period; 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 Committees on Armed Services and Appropriations of the Senate and the House of Representatives [Committee on Armed Services of House of Representatives now Committee on National Security], in classified and unclassified forms, a report containing the following matters:
"(A) A schedule for resumption of the Nuclear Testing Talks with Russia.
"(B) A plan for achieving a multilateral comprehensive ban on the testing of nuclear weapons on or before September 30, 1996.
"(C) An assessment of the number and type of nuclear 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 warheads 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 Department 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 safety features in each warhead identified in the assessment referred to in subparagraph (C), as determined after an analysis of the costs and benefits of installing such feature or features in the warhead, should have one or more of such features.
"(G) An assessment of the number and type of nuclear weapons tests, not to exceed 5 tests in any period covered by an annual report under this paragraph 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 installed pursuant to the plan referred to in subparagraph (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 beginning 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 fiscal year in which the report is submitted.
"(3) For the purposes of paragraph (1), 'joint resolution' means only a joint resolution introduced after the date on which the Committees referred to in that paragraph 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).
"(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 report, 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 subparagraph (B).
"(B) For the purposes of subparagraph (A), 'joint resolution' means only a joint resolution introduced after the date on which the Congress receives the certification 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 Kingdom 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 national 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 paragraph (1)(B).
"(f) No underground test of nuclear weapons may be conducted by the United States after September 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted.
"(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) system."
Nuclear Test Ban Readiness Program
"(a)
"(1) On September 17, 1987, the United States and the Soviet Union announced that they would resume full-scale, stage-by-stage negotiations on issues relating to nuclear testing, including further intermediate limitations on nuclear testing leading to the ultimate objective of a comprehensive nuclear test ban.
"(2) It was agreed that the first step in these negotiations would be to reach agreement on verification measures that will make possible the ratification of the Threshold Test Ban Treaty of 1974 and the Peaceful Nuclear Explosions Treaty of 1976.
"(3) To achieve the agreement on verification measures, the United States and the Soviet Union have agreed to design and conduct a Joint Verification Experiment at the test sites of each country during the summer of 1988.
"(4) At the Moscow summit in May 1988, President Reagan and General Secretary Gorbachev reaffirmed their commitment to negotiations on 'effective verification measures which will make it possible to ratify the Threshold Test Ban Treaty of 1974 and Peaceful Nuclear Explosions Treaty of 1976, and proceed to negotiating further intermediate limitations on nuclear testing leading to the ultimate objective of the complete cessation of nuclear testing as part of an effective disarmament process'.
"(b)
"(c)
"(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.
"(d)
"(e)
Section Referred to in Other Sections
This section is referred to in
§2122. Prohibitions governing atomic weapons
It shall be unlawful, except as provided in
(Aug. 1, 1946, ch. 724, title I, §92, as added Aug. 30, 1954, ch. 1073, §1,
Prior Provisions
Provisions similar to this section were contained in
Amendments
1958—
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
Section Referred to in Other Sections
This section is referred to in
§2122a. Congressional oversight of special access programs
(a) Annual report on special access programs
(1) In general
Not later than February 1 of each year, the Secretary of Energy shall submit to the congressional defense committees a report on special access programs of the Department of Energy carried out under the atomic energy defense activities of the Department.
(2) Matters to be included
Each such report shall set forth—
(A) the total amount requested for such programs in the President's budget for the next fiscal year submitted under
(B) for each such program in that budget, the following:
(i) A brief description of the program.
(ii) A brief discussion of the major milestones established for the program.
(iii) The actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted.
(iv) The estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
(b) Annual report on new special access programs
(1) In general
Not later than February 1 of each year, the Secretary of Energy shall submit to the congressional defense committees a report that, with respect to each new special access program, provides—
(A) notice of the designation of the program as a special access program; and
(B) justification for such designation.
(2) Matters to be included
A report under paragraph (1) with respect to a program shall include—
(A) the current estimate of the total program cost for the program; and
(B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
(3) "New special access program" defined
In this subsection, the term "new special access program" means a special access program that has not previously been covered in a notice and justification under this subsection.
(c) Reports on changes in classification of special access programs
(1) Notice to congressional committees
Whenever a change in the classification of a special access program of the Department of Energy is planned to be made or whenever classified information concerning a special access program of the Department of Energy is to be declassified and made public, the Secretary of Energy shall submit to the congressional defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
(2) Time for notice
Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur.
(3) Time waiver for exceptional circumstances
If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Energy, the Secretary may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
(d) Notice of change in SAP designation criteria
Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Energy as a special access program, the Secretary of Energy shall promptly notify the congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
(e) Waiver authority
(1) In general
The Secretary of Energy may waive any requirement under subsection (a), (b), or (c) of this section that certain information be included in a report under that subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. The Secretary may waive the report-and-wait requirement in subsection (f) of this section if the Secretary determines that compliance with such requirement would adversely affect the national security. Any waiver under this paragraph shall be made on a case-by-case basis.
(2) Limited notice required
If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees.
(f) Report and wait for initiating new programs
A special access program may not be initiated until—
(1) the congressional defense committees are notified of the program; and
(2) a period of 30 days elapses after such notification is received.
(g) "Congressional defense committees" defined
In this section, the term "congressional defense committees" means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.
(Aug. 1, 1946, ch. 724, title I, §93, as added Nov. 30, 1993,
Change of Name
Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§2123. Critical technology partnerships
(a) Partnerships
For the purpose of facilitating the transfer of technology, the Secretary of Energy shall ensure, to the maximum extent practicable, that atomic energy defense activities research on, and development of, any dual-use critical technology is conducted through cooperative research and development agreements, or other arrangements, that involve laboratories of the Department of Energy and other entities.
(b) Definitions
In this section:
(1) The term "dual-use critical technology" means a technology—
(A) that is critical to atomic energy defense activities, as determined by the Secretary of Energy;
(B) that has military applications and nonmilitary applications; and
(C) that either—
(i)(I) appears on the list of national critical technologies contained in a biennial report on national critical technologies submitted to Congress by the President pursuant to
(II) has not been expressly deleted from such list by such a report subsequently submitted to Congress by the President; or
(ii)(I) appears on the list of critical technologies contained in an annual defense critical technologies plan submitted to Congress by the Secretary of Defense pursuant to
(II) has not been expressly deleted from such list by such a plan subsequently submitted to Congress by the Secretary.
(2) The term "cooperative research and development agreement" has the meaning given that term by
(3) The term "other entities" means—
(A) firms, or a consortium of firms, that are eligible to participate in a partnership or other arrangement with a laboratory of the Department of Energy, as determined in accordance with applicable law and regulations; or
(B) firms, or a consortium of firms, described in subparagraph (A) in combination with one or more of the following:
(i) Institutions of higher education in the United States.
(ii) Departments and agencies of the Federal Government other than the Department of Energy.
(iii) Agencies of State Governments.
(iv) Any other persons or entities that may be eligible and appropriate, as determined in accordance with applicable laws and regulations.
(4) The term "atomic energy defense activities" does not include activities covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program.
(
References in Text
Executive Order No. 12344, dated February 1, 1982, referred to in subsec. (b)(4), is set out as a note under
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Years 1992 and 1993, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Amendments
1993—Subsec. (b)(1)(C)(ii)(I).