§ 2122. Prohibitions governing atomic weapons

Footnotes

1. 1 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 83–724 · 68 Stat. 998

   Enacted · 42 U.S.C. § 2122

   Aug. 1, 1946, ch. 724, title I, § 92, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 92, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 936

2. 1958

   Pub. L. 85–479 § 2 · 72 Stat. 276

   Changed · 42 U.S.C. § 2122

   Pub. L. 85–479 included transfers or receipts in foreign commerce

   Source evidence

   Code amendment note
   Pub. L. 85–479 included transfers or receipts in foreign commerce.

   Enacted provision · exact public law section
   Sec. 2. Section 92 of the Atomic Energy Act of 1954, as amended, 42 USC 2122. is amended to read as follows: “Sec. 92. Prohibition.— It shall be unlawful, except as provided in section 91, for any person to transfer or receive in interstate or foreign commerce, manufacture, produce, transfer, acquire, possess, import, or export any atomic weapon. Nothing in this section shall be deemed to modify the provisions of subsection 31 a. or section 101.”

3. 2004

   Prevention of Terrorist Access to Destructive Weapons Act of 2004

   Pub. L. 108–458 § 6904(a)(1) · 118 Stat. 3638

   Amended · 42 U.S.C. § 2122

   Pub. L. 108–458, § 6904(a)(1), designated existing provisions as subsec. (a)

   Source evidence

   Code amendment note
   Pub. L. 108–458, § 6904(a)(1), designated existing provisions as subsec. (a).

   Enacted provision · exact public law section
   (1) by inserting at the beginning “a.” before “It”;

4. 2004

   Weapons of Mass Destruction Prohibition Improvement Act of 2004

   Pub. L. 108–458 § 6803(b)(2) · 118 Stat. 3638

   Inserted · 42 U.S.C. § 2122

   Pub. L. 108–458, § 6803(b)(2), inserted “participate in the development of,” after “interstate or foreign commerce,”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 108–458, § 6803(b)(2), inserted “participate in the development of,” after “interstate or foreign commerce,”.

   Enacted provision · exact public law section
   (2) by inserting “participate in the development of,” after “interstate or foreign commerce,”.

5. 2004

   Weapons of Mass Destruction Prohibition Improvement Act of 2004

   Pub. L. 108–458 § 6803(b)(1) · 118 Stat. 3638

   Inserted · 42 U.S.C. § 2122

   Pub. L. 108–458, § 6803(b)(1), inserted “, inside or outside of the United States,” after “for any person”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 108–458, § 6803(b)(1), inserted “, inside or outside of the United States,” after “for any person”.

   Enacted provision · exact public law section
   (1) by inserting “, inside or outside of the United States,” after “for any person”; and

6. 2004

   Prevention of Terrorist Access to Destructive Weapons Act of 2004

   Pub. L. 108–458 § 6904(a)(4) · 118 Stat. 3638

   Struck · 42 U.S.C. § 2122(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (4) by striking “transfer or receive in interstate or foreign commerce,” before “manufacture”;

7. 2004

   Prevention of Terrorist Access to Destructive Weapons Act of 2004

   Pub. L. 108–458 § 6904(a)(3) · 118 Stat. 3638

   1. Inserted · 42 U.S.C. § 2122(a)

      Pub. L. 108–458, § 6904(a)(3), (5), (6), inserted “receive,” after “acquire,”

   2. Struck · 42 U.S.C. § 2122(a)

      Pub. L. 108–458, § 6904(a)(3), (5), (6), struck out “or” before “export”

   3. Inserted · 42 U.S.C. § 2122(a)

      Pub. L. 108–458, § 6904(a)(3), (5), (6), inserted “, or use, or possess and threaten to use,” before “any atomic weapon”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (3) by striking “or” before “export”;

8. 2004

   Prevention of Terrorist Access to Destructive Weapons Act of 2004

   Pub. L. 108–458 § 6904(a)(2) · 118 Stat. 3638

   Inserted · 42 U.S.C. § 2122(a)

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) by inserting “knowingly” after “for any person to”;

9. 2004

   Prevention of Terrorist Access to Destructive Weapons Act of 2004

   Pub. L. 108–458 § 6904(a)(7) · 118 Stat. 3638

   Added · 42 U.S.C. § 2122(b)

   Pub. L. 108–458, § 6904(a)(7), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–458, § 6904(a)(7), added subsec. (b).

   Enacted provision · exact public law section
   (7) by inserting at the end the following: “b. Conduct prohibited by subsection a. 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.” .

10. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. C title XXXI § 3115 · 137 Stat. 136

    1. Added · 42 U.S.C. § 2122(b)(d)

       Pub. L. 118–31 added subsecs. (b) and (d)

    2. Redesignated · 42 U.S.C. § 2122(b)(d)

       Pub. L. 118–31 redesignated former subsec. (b) as (c), and, in subsec. (c)

    3. Substituted · 42 U.S.C. § 2122(b)(d)

       Pub. L. 118–31 substituted “prohibited by subsections (a) or (b)” for “prohibited by subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 3115. CRIMINAL PENALTIES FOR INTERFERENCE WITH THE TRANSPORT OF SPECIAL NUCLEAR MATERIALS, NUCLEAR WEAPONS COMPONENTS, OR RESTRICTED DATA.   Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended— (1) by redesignating subsection b. as subsection c.; (2) by inserting after subsection a. the following new subsection: “b. Whoever knowingly and willfully impedes the passage of a vehicle of a nuclear materials courier (as defined in section 8331 of title 5, United States Code) 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.” ; (3) in subsection c. (as so redesignated), by striking “prohibited by subsection a.” and inserting “prohibited by subsections a. or b.”; and (4) by adding at the end the following new subsection: “d. The Attorney General shall have primary investigative authority for any violation of this section.” .

13 of 14 references resolved to an enrolled provision · 1 partial