42 U.S.C. § 2122 — Prohibitions governing atomic weapons

Page 5422 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2122 1 So in original. Probably should be ‘‘subsection’’. ‘‘(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 re- port, 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 sub- paragraph (B). ‘‘(B) For the purposes of subparagraph (A), ‘joint res- olution’ means only a joint resolution introduced after the date on which the Congress receives the certifi- cation 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 King- dom 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 na- tional 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 para- graph (1)(B). ‘‘(f) [Transferred to section 2530 of Title 50, War and National Defense.] ‘‘(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) sys- tem.’’ NUCLEAR TEST BAN READINESS PROGRAM Pub. L. 100–456, div. A, title XIV, § 1436, Sept. 29, 1988, 102 Stat. 2075, as amended by Pub. L. 105–85, div. C, title XXXI, § 3152(i), Nov. 18, 1997, 111 Stat. 2042, which was formerly set out as a note under this section, was re- numbered section 4207 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(8)(A)–(C), Nov. 24, 2003, 117 Stat. 1759, and is classified to section 2527 of Title 50, War and National Defense. Executive Documents DELEGATION OF FUNCTIONS Authority vested in President by subsec. (c) of this section delegated to Secretary of Defense and Sec- retary of Energy, see section 2(a)(1) of Ex. Ord. No. 10841, as amended, set out as a note under section 2153 of this title. § 2122. Prohibitions governing atomic weapons (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, im- port, export, or use, or possess and threaten to use, any atomic weapon. Nothing in this section shall be deemed to modify the provisions of sec- tion 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) en- gaged in the transport of any atomic weapon, special nuclear material, atomic weapon compo- nent, or Restricted Data shall be subject to ar- rest and imposition of a criminal fine of not more than $1,000. (c) Conduct prohibited by subsections 1 (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 out- side of the United States and is committed by a national of the United States; (2) the offense is committed against a na- tional 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 jurisdic- tion 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. (Aug. 1, 1946, ch. 724, title I, § 92, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub. L. 85–479, § 2, July 2, 1958, 72 Stat. 277; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 108–458, title VI, §§ 6803(b), 6904(a), Dec. 17, 2004, 118 Stat. 3768, 3771; Pub. L. 118–31, div. C, title XXXI, § 3115, Dec. 22, 2023, 137 Stat. 790.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1806(b) of this title, prior to the general amend- ment 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 intro- ductory 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 com- merce,’’. Page 5423 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2133 Pub. L. 108–458, § 6803(b)(1), inserted ‘‘, inside or out- side 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 ‘‘manufac- ture’’, was executed by striking out such phrase before ‘‘participate in the development of, manufacture’’ to reflect the probable intent of Congress and the inter- vening 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,’’ be- fore ‘‘any atomic weapon’’. Pub. L. 108–458, § 6904(a)(2), which directed amend- ment 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. § 2122a. Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970 Section, act Aug. 1, 1946, ch. 724, title I, § 93, as added Pub. L. 103–160, div. C, title XXXI, § 3156(a), Nov. 30, 1993, 107 Stat. 1953, related to congressional oversight of special access programs. See section 2426 of Title 50, War and National Defense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under sec- tion 2401 of Title 50, War and National Defense. § 2123. Transferred Editorial Notes CODIFICATION Section, Pub. L. 102–190, div. C, title XXXI, § 3136, Dec. 5, 1991, 105 Stat. 1577; Pub. L. 103–35, title II, § 203(b)(3), May 31, 1993, 107 Stat. 102, which related to critical technology partnerships between laboratories of the Department of Energy and other entities, was renum- bered section 4813 of Pub. L. 107–314, the Bob Stump Na- tional Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(8), Nov. 24, 2003, 117 Stat. 1785, and transferred to section 2794 of Title 50, War and National Defense. SUBCHAPTER IX—ATOMIC ENERGY LICENSES § 2131. License required It shall be unlawful, except as provided in sec- tion 2121 of this title, for any person within the United States to transfer or receive in inter- state commerce, manufacture, produce, transfer, acquire, possess, use, import, or export any uti- lization or production facility except under and in accordance with a license issued by the Com- mission pursuant to section 2133 or 2134 of this title. (Aug. 1, 1946, ch. 724, title I, § 101, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015, § 11, 70 Stat. 1071; 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 1807(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1956—Act Aug. 6, 1956, inserted ‘‘use,’’ after ‘‘pos- sess,’’. § 2132. Utilization and production facilities for industrial or commercial purposes (a) Issuance of licenses Except as provided in subsections (b) and (c), or otherwise specifically authorized by law, any license hereafter issued for a utilization or pro- duction facility for industrial or commercial purposes shall be issued pursuant to section 2133 of this title. (b) Facilities constructed or operated under sec- tion 2134(b) Any license hereafter issued for a utilization or production facility for industrial or commer- cial purposes, the construction or operation of which was licensed pursuant to section 2134(b) of this title prior to enactment into law of this subsection, shall be issued under section 2134(b) of this title. (c) Cooperative Power Reactor Demonstration facilities Any license for a utilization or production fa- cility for industrial or commercial purposes con- structed or operated under an arrangement with the Commission entered into under the Coopera- tive Power Reactor Demonstration Program shall, except as otherwise specifically required by applicable law, be issued under section 2134(b) of this title. (Aug. 1, 1946, ch. 724, title I, § 102, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub. L. 91–560, § 3, Dec. 19, 1970, 84 Stat. 1472; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–560 substituted provisions author- izing Commission to issue licenses for a utilization or production facility for industrial or commercial pur- poses under section 2133, except that license may be issued under section 2134(b), for such utilization or pro- duction facility, construction or operation of which was licensed under section 2134(b) before December 19, 1970 or constructed or operated under an arrangement with Commission entered into under Cooperative Power Reactor Demonstration Program, for provisions authorizing Commission to issue licenses pursuant to section 2133 of this title on a determination that such utilization or production facility has been sufficiently developed to be of practical value for industrial or com- mercial purposes. § 2133. Commercial licenses (a) Conditions The Commission is authorized to issue licenses to persons applying therefor to transfer or re- ceive in interstate commerce, manufacture,