§2122 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone, anywhere, must not knowingly take part in making, moving, getting, owning, importing, exporting, or using an atomic weapon. It is also illegal to possess an atomic weapon and threaten to use it. This does not change the rules already in sections 2051(a) or 2131, and exceptions in section 2121 still apply. Knowingly blocking a vehicle used by a nuclear materials courier (see section 8331 of title 5) while it carries an atomic weapon, special nuclear material, an atomic weapon part, or Restricted Data can lead to arrest and up to a $1,000 fine. The United States can enforce these rules when the crime affects interstate or foreign commerce, is committed abroad by a U.S. national, is against a U.S. national abroad, targets U.S. property anywhere, or involves helping or conspiring with someone covered by those rules. The Attorney General has the main duty to investigate violations.

Title 42, §2122

The Public Health and Welfare — Source: USLM XML via OLRC

(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, import, export, or use, or possess and threaten to use, any atomic weapon. Nothing in this section shall be deemed to modify the provisions of section 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) engaged in the transport of any atomic weapon, special nuclear material, atomic weapon component, or Restricted Data shall be subject to arrest and imposition of a criminal fine of not more than $1,000.

(c)Conduct prohibited by subsection 11 So in original. Probably should be “subsection”. (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 outside of the United States and is committed by a national of the United States;

(2)the offense is committed against a national 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 jurisdiction 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 1806(b) of this title, prior to the general amendment 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 introductory 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 commerce,”. Pub. L. 108–458, § 6803(b)(1), inserted “, inside or outside of the United States,” after “for any person”. Subsec. (a). Pub. L. 108–458, § 6904(a)(4), which directed amendment by striking out “transfer or receive in interstate or foreign commerce,” before “manufacture”, was executed by striking out such phrase before “participate in the development of, manufacture” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 108–458, § 6803(b)(2). See above. Pub. L. 108–458, § 6904(a)(3), (5), (6), inserted “receive,” after “acquire,”, struck out “or” before “export”, and inserted “, or use, or possess and threaten to use,” before “any atomic weapon”. Pub. L. 108–458, § 6904(a)(2), which directed amendment by inserting “knowingly” after “for any person to”, was executed by making the insertion after “for any person, inside or outside of the United States, to” to reflect the probable intent of Congress and the amendment by Pub. L. 108–458, § 6803(b)(1). See above. Subsec. (b). Pub. L. 108–458, § 6904(a)(7), added subsec. (b). 1958—Pub. L. 85–479 included transfers or receipts in foreign commerce.

§2122 Prohibitions governing atomic weapons