§ 831. — Prohibited transactions involving nuclear materials.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC831]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES
Sec. 831. Prohibited transactions involving nuclear materials
(a) Whoever, if one of the circumstances described in subsection (c)
of this section occurs--
(1) without lawful authority, intentionally receives, possesses,
uses, transfers, alters, disposes of, or disperses any nuclear
material or nuclear byproduct material and--
(A) thereby knowingly causes the death of or serious bodily
injury to any person or substantial damage to property or to the
environment; or
(B) circumstances exist, or have been represented to the
defendant to exist, that are likely to cause the death or
serious bodily injury to any person, or substantial damage to
property or to the environment;
(2) with intent to deprive another of nuclear material or
nuclear byproduct material, knowingly--
(A) takes and carries away nuclear material or nuclear
byproduct material of another without authority;
(B) makes an unauthorized use, disposition, or transfer, of
nuclear material or nuclear byproduct material belonging to
another; or
(C) uses fraud and thereby obtains nuclear material or
nuclear byproduct material belonging to another;
(3) knowingly--
(A) uses force; or
(B) threatens or places another in fear that any person
other than the actor will imminently be subject to bodily
injury;
and thereby takes nuclear material or nuclear byproduct material
belonging to another from the person or presence of any other;
(4) intentionally intimidates any person and thereby obtains
nuclear material or nuclear byproduct material belonging to another;
(5) with intent to compel any person, international
organization, or governmental entity to do or refrain from doing any
act, knowingly threatens to engage in conduct described in paragraph
(2)(A) or (3) of this subsection;
(6) knowingly threatens to use nuclear material or nuclear
byproduct material to cause death or serious bodily injury to any
person or substantial damage to property or to the environment under
circumstances in which the threat may reasonably be understood as an
expression of serious purposes;
(7) attempts to commit an offense under paragraph (1), (2), (3),
or (4) of this subsection; or
(8) is a party to a conspiracy of two or more persons to commit
an offense under paragraph (1), (2), (3), or (4) of this subsection,
if any of the parties intentionally engages in any conduct in
furtherance of such offense;
shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under--
(1) paragraphs (1) through (7) of subsection (a) of this section
is--
(A) a fine under this title; and
(B) imprisonment--
(i) for any term of years or for life (I) if, while
committing the offense, the offender knowingly causes the
death of any person; or (II) if, while committing an offense
under paragraph (1) or (3) of subsection (a) of this
section, the offender, under circumstances manifesting
extreme indifference to the life of an individual, knowingly
engages in any conduct and thereby recklessly causes the
death of or serious bodily injury to any person; and
(ii) for not more than 20 years in any other case; and
(2) paragraph (8) of subsection (a) of this section is--
(A) a fine under this title; and
(B) imprisonment--
(i) for not more than 20 years if the offense which is
the object of the conspiracy is punishable under paragraph
(1)(B)(i); and
(ii) for not more than 10 years in any other case.
(c) The circumstances referred to in subsection (a) of this section
are that--
(1) the offense is committed in the United States or the special
maritime and territorial jurisdiction of the United States, or the
special aircraft jurisdiction of the United States (as defined in
section 46501 of title 49);
(2) an offender or a victim is--
(A) a national of the United States; or
(B) a United States corporation or other legal entity;
(3) after the conduct required for the offense occurs the
defendant is found in the United States, even if the conduct
required for the offense occurs outside the United States;
(4) the conduct required for the offense occurs with respect to
the carriage of a consignment of nuclear material or nuclear
byproduct material by any means of transportation intended to go
beyond the territory of the state where the shipment originates
beginning with the departure from a facility of the shipper in that
state and ending with the arrival at a facility of the receiver
within the state of ultimate destination and either of such states
is the United States; or
(5) either--
(A) the governmental entity under subsection (a)(5) is the
United States; or
(B) the threat under subsection (a)(6) is directed at the
United States.
(d) The Attorney General may request assistance from the Secretary
of Defense under chapter 18 of title 10 in the enforcement of this
section and the Secretary of Defense may provide such assistance in
accordance with chapter 18 of title 10, except that the Secretary of
Defense may provide such assistance through any Department of Defense
personnel.
(e)(1) The Attorney General may also request assistance from the
Secretary of Defense under this subsection in the enforcement of this
section. Notwithstanding section 1385 of this title, the Secretary of
Defense may, in accordance with other applicable law, provide such
assistance to the Attorney General if--
(A) an emergency situation exists (as jointly determined by the
Attorney General and the Secretary of Defense in their discretion);
and
(B) the provision of such assistance will not adversely affect
the military preparedness of the United States (as determined by the
Secretary of Defense in such Secretary's discretion).
(2) As used in this subsection, the term ``emergency situation''
means a circumstance--
(A) that poses a serious threat to the interests of the United
States; and
(B) in which--
(i) enforcement of the law would be seriously impaired if
the assistance were not provided; and
(ii) civilian law enforcement personnel are not capable of
enforcing the law.
(3) Assistance under this section may include--
(A) use of personnel of the Department of Defense to arrest
persons and conduct searches and seizures with respect to violations
of this section; and
(B) such other activity as is incidental to the enforcement of
this section, or to the protection of persons or property from
conduct that violates this section.
(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
(5) The Attorney General may delegate the Attorney General's
function under this subsection only to a Deputy, Associate, or Assistant
Attorney General.
(f) As used in this section--
(1) the term ``nuclear material'' means material containing
any--
(A) plutonium;
(B) uranium not in the form of ore or ore residue that
contains the mixture of isotopes as occurring in nature;
(C) enriched uranium, defined as uranium that contains the
isotope 233 or 235 or both in such amount that the abundance
ratio of the sum of those isotopes to the isotope 238 is greater
than the ratio of the isotope 235 to the isotope 238 occurring
in nature; or
(D) uranium 233;
(2) the term ``nuclear byproduct material'' means any material
containing any radioactive isotope created through an irradiation
process in the operation of a nuclear reactor or accelerator;
(3) the term ``international organization'' means a public
international organization designated as such pursuant to section 1
of the International Organizations Immunities Act (22 U.S.C. 288) or
a public organization created pursuant to treaty or other agreement
under international law as an instrument through or by which two or
more foreign governments engage in some aspect of their conduct of
international affairs;
(4) the term ``serious bodily injury'' means bodily injury which
involves--
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty;
(5) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of a function of a bodily member, organ, or
mental faculty; or
(E) any other injury to the body, no matter how temporary;
(6) the term ``national of the United States'' has the same
meaning as in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)); and
(7) the term ``United States corporation or other legal entity''
means any corporation or other entity organized under the laws of
the United States or any State, Commonwealth, territory, possession,
or district of the United States.
(Added Pub. L. 97-351, Sec. 2(a), Oct. 18, 1982, 96 Stat. 1663; amended
Pub. L. 100-690, title VII, Sec. 7022, Nov. 18, 1988, 102 Stat. 4397;
Pub. L. 103-272, Sec. 5(e)(6), July 5, 1994, 108 Stat. 1374; Pub. L.
103-322, title XXXIII, Sec. 330016(2)(C), Sept. 13, 1994, 108 Stat.
2148; Pub. L. 104-132, title V, Sec. 502, Apr. 24, 1996, 110 Stat.
1282.)
Prior Provisions
A prior section 831, acts June 25, 1948, ch. 645, 62 Stat. 738;
Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 808; July 27, 1965, Pub. L. 89-
95, 79 Stat. 285; Oct. 17, 1978, Pub. L. 95-473; Sec. 2(a)(1)(A), 92
Stat. 1464, defined terms used in this chapter, prior to repeal by Pub.
L. 96-129, title II, Sec. 216(b), Nov. 30, 1979, 93 Stat. 1015. For
savings provisions regarding former section 831, see section 218 of Pub.
L. 96-129, set out as a note under former sections 832 to 835 of this
title.
Amendments
1996--Subsec. (a). Pub. L. 104-132, Sec. 502(1)(A), substituted
``nuclear material or nuclear byproduct material'' for ``nuclear
material'' wherever appearing.
Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 502(1)(B)(i), inserted ``or
to the environment'' after ``damage to property''.
Subsec. (a)(1)(B). Pub. L. 104-132, Sec. 502(1)(B)(ii), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
``knows that circumstances exist which are likely to cause the death of
or serious bodily injury to any person or substantial damage to
property;''.
Subsec. (a)(6). Pub. L. 104-132, Sec. 502(1)(C), inserted ``or to
the environment'' after ``damage to property''.
Subsec. (c)(2). Pub. L. 104-132, Sec. 502(2)(A), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``the defendant
is a national of the United States, as defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101);''.
Subsec. (c)(3). Pub. L. 104-132, Sec. 502(2)(B), struck out ``at the
time of the offense the nuclear material is in use, storage, or
transport, for peaceful purposes, and'' before ``after the conduct'' and
struck out ``or'' at end.
Subsec. (c)(4). Pub. L. 104-132, Sec. 502(2)(C), substituted
``nuclear material or nuclear byproduct material'' for ``nuclear
material for peaceful purposes'' and ``; or'' for period at end.
Subsec. (c)(5). Pub. L. 104-132, Sec. 502(2)(D), added par. (5).
Subsec. (f)(1)(A). Pub. L. 104-132, Sec. 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, Sec. 502(3)(A)(ii), substituted
``enriched uranium, defined as uranium'' for ``uranium''.
Subsec. (f)(2) to (7). Pub. L. 104-132, Sec. 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 substituted ``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 Aviation 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.
Short Title of 1982 Amendment
Section 1 of Pub. L. 97-351 provided that: ``This Act [enacting this
section and amending section 1116 of this title] may be cited as the
`Convention 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
Section 501 of title V of Pub. L. 104-132 provided that:
``(a) Findings.--The Congress finds that--
``(1) nuclear materials, including byproduct materials, can be
used to create radioactive dispersal devices 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, including
byproduct materials, enhances the threat posed by terrorist
activities and thereby has a greater effect 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 ensuring that persons who are engaged in
the illegal acquisition and use of nuclear materials, including
byproduct materials, are prosecuted for their offenses;
``(4) the threat that nuclear materials will be obtained and
used by terrorist and other criminal organizations has increased
substantially since the enactment 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 transportation of nuclear materials, thereby
decreasing the security of such materials by increasing the
opportunity for unlawful diversion and theft;
``(6) the trafficking in the relatively more common,
commercially available, and usable nuclear and byproduct materials
creates the potential for significant 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 frequently 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 increasingly
concerned over the illegal possession of nuclear and nuclear
byproduct materials;
``(9) the potentially disastrous ramifications of increased
access to nuclear and nuclear byproduct materials pose such a
significant threat that the United States must use all lawful
methods available to combat the illegal use of such materials;
``(10) the United States has an interest in encouraging 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 property of United States
nationals even if the acts that constitute the illegal activity
occur outside the territory 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 radioactive material, and from the
illegal diversion of nuclear materials that are held for other than
peaceful 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 enacting 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
contamination and proliferation that may result from the illegal
possession and use of radioactive materials.''
Section Referred to in Other Sections
This section is referred to in sections 951, 1956, 2332b, 2339,
2339A, 2516 of this title.
