Regulating Nuclear Weapons in U.S. Domestic Law
The Atomic Energy Act of 1954
According to the United States Nuclear Regulatory Commission (U.S.N.R.C.), the Atomic Energy Act is "the fundamental U.S. law on both the civilian and the military uses of nuclear materials."
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One of the listed purposes of this act is to provide for "a program for Government control of the possession, use, and production of atomic energy and special nuclear material, whether owned by the Government or others, so directed as to make the maximum contribution to the common defense and security and the national welfare, and to provide continued assurance of the Government’s ability to enter into and enforce agreements with nations or groups of nations for the control of special nuclear materials and atomic weapons." 42 U.S.C. § 2013(b)
§ 91 of the Atomic Energy Act describes how the act applies to Military use of atomic energy. Under § 91, the Commission is authorized to:
Conduct experiments and do research and development work in the military application of atomic energy
Engage in the production of atomic weapons, or atomic weapon parts
Provide for safe storage, processing, transportation, & disposal of hazardous waste resulting from nuclear materials production, weapons production & surveillance programs, & naval nuclear propulsion programs
United States Nuclear Regulatory Committee, Governing Legislation, Atomic Energy Act of 1974, as Amended in NUREG-0980, Last visited November 18, 2020, https://www.nrc.gov/about-nrc/governing-laws.html#energy
Atomic Energy Act of 1954, 42 U.S. 2121 § 91 (a)