18 U.S.C. § 832 — Participation in nuclear and weapons of

Page 193 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 832 ‘‘nuclear material for peaceful purposes’’ and ‘‘; or’’ for period at end. Subsec. (c)(5). Pub. L. 104–132, § 502(2)(D), added par. (5). Subsec. (f)(1)(A). Pub. L. 104–132, § 502(3)(A)(i), struck out ‘‘with an isotopic concentration not in excess of 80 percent plutonium 238’’ after ‘‘plutonium’’. Subsec. (f)(1)(C). Pub. L. 104–132, § 502(3)(A)(ii), sub- stituted ‘‘enriched uranium, defined as uranium’’ for ‘‘uranium’’. Subsec. (f)(2) to (7). Pub. L. 104–132, § 502(3)(B)–(F), added par. (2), redesignated former pars. (2) to (4) as (3) to (5), respectively, and added pars. (6) and (7). 1994—Subsec. (b)(1)(A), (2)(A). Pub. L. 103–322 sub- stituted ‘‘fined under this title’’ for ‘‘fine of not more than $250,000’’. Subsec. (c)(1). Pub. L. 103–272 substituted ‘‘section 46501 of title 49’’ for ‘‘section 101 of the Federal Avia- tion Act of 1958 (49 U.S.C. 1301)’’. 1988—Subsec. (e)(2) to (6). Pub. L. 100–690 redesignated pars. (3) to (6) as (2) to (5), respectively. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–351, § 1, Oct. 18, 1982, 96 Stat. 1663, provided that: ‘‘This Act [enacting this section and amending section 1116 of this title] may be cited as the ‘Conven- tion on the Physical Protection of Nuclear Material Implementation Act of 1982’.’’ FINDINGS AND PURPOSE OF TITLE V OF PUB. L. 104–132 RELATING TO NUCLEAR MATERIALS Pub. L. 104–132, title V, § 501, Apr. 24, 1996, 110 Stat. 1281, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) nuclear materials, including byproduct mate- rials, can be used to create radioactive dispersal de- vices that are capable of causing serious bodily injury as well as substantial damage to property and to the environment; ‘‘(2) the potential use of nuclear materials, includ- ing byproduct materials, enhances the threat posed by terrorist activities and thereby has a greater ef- fect on the security interests of the United States; ‘‘(3) due to the widespread hazards presented by the threat of nuclear contamination, as well as nuclear bombs, the United States has a strong interest in en- suring that persons who are engaged in the illegal ac- quisition and use of nuclear materials, including by- product materials, are prosecuted for their offenses; ‘‘(4) the threat that nuclear materials will be ob- tained and used by terrorist and other criminal orga- nizations has increased substantially since the enact- ment in 1982 of the legislation that implemented the Convention on the Physical Protection of Nuclear Material, codified at section 831 of title 18, United States Code; ‘‘(5) the successful efforts to obtain agreements from other countries to dismantle nuclear weapons have resulted in increased packaging and transpor- tation of nuclear materials, thereby decreasing the security of such materials by increasing the oppor- tunity for unlawful diversion and theft; ‘‘(6) the trafficking in the relatively more common, commercially available, and usable nuclear and by- product materials creates the potential for signifi- cant loss of life and environmental damage; ‘‘(7) report trafficking incidents in the early 1990’s suggest that the individuals involved in trafficking in these materials from Eurasia and Eastern Europe fre- quently conducted their black market sales of these materials within the Federal Republic of Germany, the Baltic States, the former Soviet Union, Central Europe, and to a lesser extent in the Middle European countries; ‘‘(8) the international community has become in- creasingly concerned over the illegal possession of nuclear and nuclear byproduct materials; ‘‘(9) the potentially disastrous ramifications of in- creased access to nuclear and nuclear byproduct ma- terials pose such a significant threat that the United States must use all lawful methods available to com- bat the illegal use of such materials; ‘‘(10) the United States has an interest in encour- aging United States corporations to do business in the countries that comprised the former Soviet Union, and in other developing democracies; ‘‘(11) protection of such United States corporations from threats created by the unlawful use of nuclear materials is important to the success of the effort to encourage business ventures in these countries, and to further the foreign relations and commerce of the United States; ‘‘(12) the nature of nuclear contamination is such that it may affect the health, environment, and prop- erty of United States nationals even if the acts that constitute the illegal activity occur outside the terri- tory of the United States, and are primarily directed toward foreign nationals; and ‘‘(13) there is presently no Federal criminal statute that provides adequate protection to United States interests from nonweapons grade, yet hazardous ra- dioactive material, and from the illegal diversion of nuclear materials that are held for other than peace- ful purposes. ‘‘(b) PURPOSE.—The purpose of this title [enacting section 2332c of this title, amending this section and sections 175, 177, 178, and 2332a of this title, and enact- ing provisions set out as notes under section 262 of Title 42, The Public Health and Welfare, and section 1522 of Title 50, War and National Defense] is to provide Federal law enforcement agencies with the necessary means and the maximum authority permissible under the Constitution to combat the threat of nuclear con- tamination and proliferation that may result from the illegal possession and use of radioactive materials.’’ § 832. Participation in nuclear and weapons of mass destruction threats to the United States (a) Whoever, within the United States or sub- ject to the jurisdiction of the United States, willfully participates in or knowingly provides material support or resources (as defined in sec- tion 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years. (b) There is extraterritorial Federal jurisdic- tion over an offense under this section. (c) Whoever without lawful authority devel- ops, possesses, or attempts or conspires to de- velop or possess a radiological weapon, or threatens to use or uses a radiological weapon against any person within the United States, or a national of the United States while such na- tional is outside of the United States or against any property that is owned, leased, funded, or used by the United States, whether that prop- erty is within or outside of the United States, shall be imprisoned for any term of years or for life. (d) As used in this section— (1) ‘‘nuclear weapons program’’ means a pro- gram or plan for the development, acquisition, or production of any nuclear weapon or weap- ons; (2) ‘‘weapons of mass destruction program’’ means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as defined in sec- tion 2332a(c)); (3) ‘‘foreign terrorist power’’ means a ter- rorist organization designated under section Page 194 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§§ 833 to 835 1 See References in Text note below. 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under section 6(j) 1 of the Export Administration Act of 1979 or section 620A of the Foreign Assist- ance Act of 1961; and (4) ‘‘nuclear weapon’’ means any weapon that contains or uses nuclear material as de- fined in section 831(f)(1).1 (Added Pub. L. 108–458, title VI, § 6803(c)(2), Dec. 17, 2004, 118 Stat. 3768.) Editorial Notes REFERENCES IN TEXT Section 219 of the Immigration and Nationality Act, referred to in subsec. (d)(3), is classified to section 1189 of Title 8, Aliens and Nationality. Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (d)(3), was classified to section 4605(j) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of Title 50, see section 4813(c) of Title 50, as enacted by Pub. L. 115–232. Section 620A of the Foreign Assistance Act of 1961, re- ferred to in subsec. (d)(3), is classified to section 2371 of Title 22, Foreign Relations and Intercourse. Section 831(f)(1), referred to in subsec. (d)(4), was re- designated section 831(g)(1) by Pub. L. 114–23, title VIII, § 812(d), June 2, 2015, 129 Stat. 312. PRIOR PROVISIONS A prior section 832, acts June 25, 1948, ch. 645, 62 Stat. 738; Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 809, related to transportation of explosives, radioactive materials, etiologic agents, and other dangerous articles, prior to repeal by Pub. L. 96–129, title II, § 216(b), Nov. 30, 1979, 93 Stat. 1015. [§§ 833 to 835. Repealed. Pub. L. 96–129, title II, § 216(b), Nov. 30, 1979, 93 Stat. 1015] Section 833, acts June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 810, related to marking of packages containing explosives and other dangerous articles. Section 834, acts June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 810, related to for- mulation of regulations by Interstate Commerce Com- mission regarding transportation of explosives and other dangerous articles within United States. Section 835, acts June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 811; Oct. 15, 1970, Pub. L. 91–452, title II, § 222, 84 Stat. 929; Oct. 17, 1978, Pub. L. 95–473, § 2(a)(1)(B), 92 Stat. 1464, authorized Interstate Commerce Commission to administer, exe- cute and enforce all provisions of sections 831 to 835 of this title. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 96–129, title II, § 218, Nov. 30, 1979, 93 Stat. 1015, provided a savings provision for orders, determinations, rules, regulations, permits, contracts, certificates, li- censes, and privileges issued, made, granted, or allowed to become effective under former sections 831 to 835 of this title, prior to repeal by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379. § 836. Transportation of fireworks into State pro- hibiting sale or use Whoever, otherwise than in the course of con- tinuous interstate transportation through any State, transports fireworks into any State, or delivers them for transportation into any State, or attempts so to do, knowing that such fire- works are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such State specifically prohibiting or regulating the use of fireworks, shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a State for the use of Federal agencies in the car- rying out or the furtherance of their operations. In the enforcement of this section, the defini- tions of fireworks contained in the laws of the respective States shall be applied. As used in this section, the term ‘‘State’’ in- cludes the several States, Territories, and pos- sessions of the United States, and the District of Columbia. This section shall be effective from and after July 1, 1954. (Added June 4, 1954, ch. 261, § 1, 68 Stat. 170; amended Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in first par. Statutory Notes and Related Subsidiaries FIREWORKS FOR AGRICULTURAL PURPOSES Act June 4, 1954, ch. 261, § 3, 68 Stat. 171, provided that: ‘‘This Act [enacting this section] shall not be ef- fective with respect to— ‘‘(1) the transportation of fireworks into any State or Territory for use solely for agricultural purposes, ‘‘(2) the delivery of fireworks for transportation into any State or Territory for use solely for agricul- tural purposes, or ‘‘(3) any attempt to engage in any such transpor- tation or delivery for use solely for agricultural pur- poses, until sixty days have elapsed after the com- mencement of the next regular session of the legisla- ture of such State or Territory which begins after the date of enactment of this Act [June 4, 1954].’’ [§ 837. Repealed. Pub. L. 91–452, title XI, § 1106(b)(1), Oct. 15, 1970, 84 Stat. 960] Section, Pub. L. 86–449, title II, § 203, May 6, 1960, 74 Stat. 87, related to illegal use or possession of explo- sives and threats or false information concerning at- tempts to damage or destroy real or personal property by fire or explosives. See section 844 of this title. CHAPTER 40—IMPORTATION, MANUFAC- TURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS Sec. 841. Definitions. 842. Unlawful acts. 843. Licenses and user permits. 844. Penalties. 845. Exceptions; relief from disabilities. 846. Additional powers of the Attorney General. 847. Rules and regulations. 848. Effect on State law.