Title 50War and National DefenseRelease 119-73not60

§2538b Stockpile Responsiveness Program

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter II— NUCLEAR WEAPONS STOCKPILE MATTERS › Part A— Stockpile Stewardship and Weapons Production › § 2538b

Last updated Apr 5, 2026|Official source

Summary

The United States must keep and practice all skills, tools, and facilities needed to study, design, build, test, certify, and deploy nuclear weapons so the country’s deterrent stays safe, secure, reliable, credible, and ready. The Secretary of Energy, through the Administrator and working with the Secretary of Defense, must run a stockpile responsiveness program alongside existing stewardship and management efforts to do this. The program must cover every part of the weapons life cycle (science, engineering, design, certification, and manufacturing) and make sure those capabilities are kept, improved, and regularly exercised. It must pass knowledge to the next generation of designers and engineers, show responsiveness with prototypes and flight tests and plans that avoid nuclear explosive testing, shorten design and production timelines, keep coordination between agencies sharp, and — working with the Director of National Intelligence — keep the ability to assess and, if needed, build and test foreign prototype weapons without a nuclear yield. Definitions: "joint nuclear weapons life cycle process" — the DOE and DoD process for developing, producing, maintaining, and retiring nuclear weapons.

Full Legal Text

Title 50, §2538b

War and National Defense — Source: USLM XML via OLRC

(a)It is the policy of the United States to identify, sustain, enhance, integrate, and continually exercise all capabilities required to conceptualize, study, design, develop, engineer, certify, produce, and deploy nuclear weapons to ensure the nuclear deterrent of the United States remains safe, secure, reliable, credible, and responsive.
(b)The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a stockpile responsiveness program, along with the stockpile stewardship program under section 2521 of this title and the stockpile management program under section 2524 of this title, to identify, sustain, enhance, integrate, and continually exercise all capabilities required to conceptualize, study, design, develop, engineer, certify, produce, and deploy nuclear weapons.
(c)The program under subsection (b) shall have the following objectives:
(1)Identify, sustain, enhance, integrate, and continually exercise all of the capabilities, infrastructure, tools, and technologies across the science, engineering, design, certification, and manufacturing cycle required to carry out all phases of the joint nuclear weapons life cycle process, with respect to both the nuclear security enterprise and relevant elements of the Department of Defense.
(2)Identify, enhance, and transfer knowledge, skills, and direct experience with respect to all phases of the joint nuclear weapons life cycle process from one generation of nuclear weapon designers and engineers to the following generation.
(3)Periodically demonstrate stockpile responsiveness throughout the range of capabilities as required, such as through the use of prototypes, flight testing, and development of plans for certification without the need for nuclear explosive testing.
(4)Shorten design, certification, and manufacturing cycles and timelines to minimize the amount of time and costs leading to an engineering prototype and production.
(5)Continually exercise processes for the integration and coordination of all relevant elements and processes of the Administration and the Department of Defense required to ensure stockpile responsiveness.
(6)The retention of the ability, in coordination with the Director of National Intelligence, to assess and develop prototype nuclear weapons of foreign countries if needed to meet intelligence requirements and, if necessary, to conduct no-yield testing of those prototypes.
(d)In this section, the term “joint nuclear weapons life cycle process” means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (c)(3). Pub. L. 116–92, § 3114(1), substituted “capabilities as required, such as through the use of prototypes” for “capabilities required, including prototypes”. Subsec. (c)(6). Pub. L. 116–92, § 3114(2), substituted “in coordination with the Director of National Intelligence” for “in consultation with the Director of National Intelligence” and inserted “if needed to meet intelligence requirements” after “foreign countries”. 2017—Subsec. (c)(6). Pub. L. 115–91 added par. (6).

Reference

Citations & Metadata

Citation

50 U.S.C. § 2538b

Title 50War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60