42 USC 2271.
General provisions. to safeguard facilities, equipment, materials, and other property of thea. To protect against the unlawful dissemination of Restricted Data and Commission, the President shall have authority to utilize the services of any Government agency to the extent he may deem necessary or desirable.
b. The Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this Act. c. No action shall be brought against any individual or person for any violation under this Act unless and until the Attorney General of the United States has advised the Commission with respect to such action and no such action shall be commenced except by the Attorney General of the United States. And provided further, that nothing in this subsection shall
253”Public Law 101-647 (104 Stat. 4789), section 1211, deleted :
That no action shall be brought under section 222, 223, 224, 225 or 226 except by the express direction of the Attorney General: and provided further,.
254”Public Law 91-161 (83 Stat. 444) (1969), section 2, amended section 222 by substituting the word “ten” for the word “five.” Section 7 provided that the amendment apply only to offenses committed on or after December 24, 1969.
255”Public Law 91-161 (83 Stat. 444) (1969), section 3(a), amended section 222 by substituting the words “imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both” in lieu of “death or imprisonment for life (but the penalty of death or imprisonment for life may be imposed only upon recommendation of the jury), or by a fine of not more than $20,000 or by imprisonment for not more than 20 years, or both.” Section 7 provided that the amendment apply only to offenses committed on or after December 24, 1969. Public Law 108-458 (118 Stat 3771), Dec. 17, 2004 added "a." paragraph designation & struck "92" after "57".
256Public Law 108-458 (118 Stat. 3771), Dec. 17, 2004 added new section "b.".
257Public Law 96-295 (94 Stat. 786)(1980), section 203, designated the existing paragraph as subsection a. 258Public Law 91-161 (83 Stat. 444)(1969), section 6, amended section 223 by adding the word “criminal” before the word “penalty.”
259Public Law 90-190 (81 Stat. 575)(1967), section 12 amended section 223 by striking out the letter “p.” appearing after the word “or”, and inserting in lieu thereof the letter “o.”
be construed as applying to administrative action taken by the Commission.253
Sec. 222. Violations of Specific Sections.
42 USC 2272. Violation of specific sections.
a. Whoever willfully violates, attempts to violate, or conspires to violate, any provisions of section 57 or 101, or whoever unlawfully interferes, attempts to interfere, or conspires to interfere with any recapture or entry under section 108, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than ten254 years, or both, except that whoever commits such an
offense with intent to injure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both.255
b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. Any person who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life. If the death of another results from a person's violation of section 92, the person shall be fined not more than $2,000,000 and punished by imprisonment for life.".256
Sec. 223. Violation of Sections Generally.
42 USC 2273. Violation of sections generally.
a. Whoever257 willfully violates, attempts to violate, or conspires to
violate, any provision of this Act for which no criminal258 penalty is
specifically provided or of any regulation or order prescribed or issued under section 65 or subsection 161b., i., or o,259 shall, upon conviction
thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such as offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall, upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both.
b. Any individual director, officer, or employee of a firm constructing, or supplying the components of any utilization facility required to be licensed under section 103 or 104b. of this Act who by act or omission, in
260Public Law 100-408 (102 Stat. 1066)(1988), section 18 amended section 223 by adding a subsection c. Public Law 96-295 (94 Stat. 786)(1980), section 203 added a new subsection b.
connection with such construction or supply, knowingly and willfully violates or causes to be violated, any section of this Act, any rule, regulation, or order issued thereunder, or any license condition, which violation results, or if undetected could have resulted, in a significant impairment of a basic component of such a facility shall, upon conviction, be subject to a fine of not more than $25,000 for each day of violation, or to imprisonment not to exceed two years, or both. If the conviction is for a violation committed after a first conviction under this subsection,
punishment shall be a fine of not more than $50,000 per day of violation, or imprisonment for not more than two years, or both. For the purposes of this subsection,
Basic component. the term “basic component” means a facility structure, system, component or part thereof necessary to assure–
(1) the integrity of the reactor coolant pressure boundary,
(2) the capability to shut-down the facility and maintain it in a safe shut-down condition, or
(3) the capability to prevent or mitigate the consequences of accidents which could result in an unplanned offsite release of quantities of fission products in excess of the limits established by the Commission.
42 USC 2133.
42 USC 2134. site where a utilization facility required to be licensed under section 103 orThe provisions of this subsection shall be prominently posted at each 104b. of the Act is under construction and on the premises of each plant where components for such a facility are fabricated.
Contracts. c. Any individual director, officer or employee of a person indemnified under an agreement of indemnification under section 170d. (or of a subcontractor or supplier thereto) who, by act or omission, knowingly and willfully violates or causes to be violated any section of this Act or any applicable nuclear safety-related rule, regulation or order issued thereunder by the Secretary of Energy (or expressly incorporated by reference by the Secretary for purposes of nuclear safety, except any rule, regulation, or order issued by the Secretary of Transportation), which violation results in or, if undetected, would have resulted in a nuclear incident as defined in subsection 11q. shall, upon conviction,
notwithstanding section 3571 of title 18, United States Code, be subject to a fine of not more than $25,000, or to imprisonment not to exceed two years, or both. If the conviction is for a violation committed after the first conviction under this subsection, notwithstanding section 3571 of title 18, United States Code, punishment shall be a fine of not more than $50,000, or imprisonment for not more than five years, or both.260
Sec. 224. Communication of Restricted Data.
42 USC 2274. Communication of restricted data.
Whoever, lawfully or unlawfully, having possession of, access to, control over, or being entrusted with any document, writing, sketch, photograph, plan, model, instrument, appliance, note, or information involving or incorporating Restricted Data–
a. communicates, transmits, or discloses the same to any individual or person, or attempts or conspires to do any of the foregoing, with intent to injure the United States or with intent to secure an advantage to any foreign nation, upon conviction thereof, shall be punished by
imprisonment for life, or by imprisonment for any term of years or a fine of not more than $100,000 or both;
261Public Law 79-585, title I, section 224, August 1, 1946; Public Law 83-703, section 1 (68 Stat. 958), August 30, 1954; Public Law 91-161, section 3(b) (83 Stat. 444), December 24, 1969; Public Law 102-486, title IX, section 902(a)(8) (106 Stat. 2944), October 24, 1992 (renumbered title I); Public Law 106-65, Div. C, title XXXI, section 3148(a) (113 Stat. 938), October 5, 1999l Public Law 106-398, section 1 (Div, A, title X, title X, section 1087(g)(9) (114 Stat. 1654), October 30, 2000.
262Public Law 106-65, Div. C, title XXXI, Subtitle G, section 3148(b), 113 Stat. 938, October 30, 2000, as amended.
b. communicates, transmits, or discloses the same to any individual or person, or attempts or conspires to do any of the foregoing, with reason to believe such data will be utilized to injure the United States or to secure an advantage to any foreign nation, shall, upon conviction, be punished by a fine of not more than $50,000 or imprisonment for not more than ten years, or both.261
Sec. 225. Receipt of Restricted Data.
42 USC 2275. Receipt of restricted data.
Whoever, with intent to injure the United States or with intent to secure an advantage to any foreign nation, acquires, or attempts or conspires to acquire any document, writing, sketch, photograph, plan, model, instrument, appliance, note, or information involving or
incorporating Restricted Data shall, upon conviction thereof, be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $100,000 or both.262
Sec. 226. Tampering with Restricted Data.
42 USC 2276. Tampering with restricted data.
Whoever, with intent to injure the United States or with intent to secure an advantage to any foreign nation, removes, conceals, tampers with, alters, mutilates, or destroys any document, writing, sketch, photograph, plan, model, instrument, appliance, or note involving or incorporating Restricted Data and used by any individual or person in connection with the production of special nuclear material, or research or development relating to atomic energy, conducted by the United States, or financed in whole or in part by Federal funds, or conducted with the aid of special nuclear material, shall be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both.
Sec. 227. Disclosure of Restricted Data.
42 USC 2277. Disclosure of restricted data.
Whoever, being or having been an employee or member of the Commission, a member of the Armed Forces, an employee of any agency of the United States, or being or having been a contractor of the
Commission or of an agency of the United States, or being or having been an employee of a contractor of the Commission or of an agency of the United States, or being or having been a licensee of the Commission, or being or having been an employee of a licensee of the Commission, knowingly communicates, or whoever conspires to communicate or to receive, any Restricted Data, knowing or having reason to believe that such data is Restricted Data, to any person not authorized to receive Restricted Data pursuant to the provisions of this Act or under rule or regulation of the Commission issued pursuant thereto, knowing or having reason to believe such person is not so authorized to receive Restricted
263Public Law 106-65, Div. C., title XXXI, Subtitle G, section 3148(a), 113 Stat. 938, Oct 5, 1999 (substituted $12,500 for $2,500).
264Public Law 84-1006 (70 Stat. 1069)(1956), section 6, added a new section 229. 265Public Law 84-1006 (70 Stat. 1069)(1956), section 6, added a new section 230.
Data shall, upon conviction thereof, be punishable by a fine of not more than $12,500.263
Sec. 228. Statute of Limitations.
42 USC 2278. Statute of limitations.
Except for a capital offense, no individual or person shall be prosecuted, tried, or punished for any offense prescribed or defined in sections 224 to 226, inclusive, of this Act, unless the indictment is found or the information is instituted within ten years next after such offense shall have been committed.
Sec. 229. Trespass Upon Commission Installations.
42 USC 2278a. Trespass on Commission installations.
a.264 The Commission is authorized to issue regulations relating to the
entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation, or real property subject to the jurisdiction, administration, or in the custody of the
Commission. Every such regulation of the Commission shall be posted conspicuously at the location involved.
b. Whoever shall willfully violate any regulation of the Commission issued pursuant to subsection a. shall, upon conviction thereof, be punishable by a fine of not more than $1,000.
c. Whoever shall willfully violate any regulation of the Commission issued pursuant to subsection a. with respect to any installation or other property which is enclosed by a fence, wall, floor, roof, or other structural barrier shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed $5,000 or to imprisonment for not more than one year, or both.193
Sec. 230. Photographing, etc., of Commission Installations.
Photographing of Commission installations. 42 USC 2278b.
It shall be an offense, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both 265–
(1) to make any photograph, sketch, picture, drawing, map or graphical representation, while present on property subject to the jurisdiction, administration or in the custody of the Commission, of any installations or equipment designated by the President as requiring protection against the general dissemination of information relative thereto, in the interest of the common defense and security, without first obtaining the permission of the Commission, and promptly submitting the product obtained to the Commission for inspection or such other action as may be deemed necessary; or
(2) to use or permit the use of an aircraft or any contrivance used, or designed for navigation or flight in air, for the purpose of making a photograph, sketch, picture, drawing, map or graphical representation of any installation or equipment designated by the President as provided in the preceding paragraph, unless authorized by the Commission.
266Public Law 84-1006 (70 Stat 1069)(1956), section 7, amended former section 229 and redesignated it as section 231. Before amendment, section 229 read:
Sec. 229. Other Laws.–Sections 224 to 228 shall not exclude the applicable provisions of any other laws. 267Public Law 84-1006 (70 Stat. 1069)(1956), section 6, renumbered former sections 230 and 231 to sections 232 and 233, respectively.
268Public Law 84-1006 (70 Stat. 1069)(1956), section 6, renumbered former sections 230 and 231 to sections 232 and 233, respectively.
269Public Law 100-408 (102 Stat. 1066)(1988), section 17 added section 234A. Public Law 91-161 (83 Stat. 444)(1069), section 4, added section 234.
270The NRC by rulemaking periodically enlarges this number to account for inflation pursuant to the Federal Civil Penalties Act of 1990, as amended.
271Public Law 96-295 (94 Stat. 787)(1980), section 206, amended section (a) by striking all that followed “exceed” and inserted “$100,000 for each violation.” Prior to amendment, the portion deleted read as follows:
$5,000 for each violation: Provided, That in no event shall the total penalty payable by any person exceed $25,000 for all violations by such person occurring within any period of thirty consecutive days.
Sec. 231. Other Laws.
42 USC 2279.
Other laws. other laws.Sections 224 to 230 shall not exclude the applicable provisions of any266
Sec. 232. Injunction Proceedings
42 USC 2280. Injunction proceedings.
Whenever in the judgment of the Commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act, or any regulation or order issued thereunder, the Attorney General on behalf of the United States may make application to the appropriate court for an order
enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the Commission that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.267
Sec. 233. Contempt Proceedings.
42 USC 2281. Contempt proceedings.
In case of failure or refusal to obey a subpoena served upon any person pursuant to subsection 161c., the district court for any district in which such person is found or resides or transacts business, upon application by the Attorney General on behalf of the United States, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both, in accordance with the subpoena; and any failure to obey such order of the court may be punished by such court as a contempt thereof.268
42 USC 2073. 42 USC 2077. 42 USC 2092. 42 USC 2093. 42 USC 2111. 42 USC 2112. 42 USC 2131. 42 USC 2133. 42 USC 2134. 42 USC 2137. 42 USC 2139. 42 USC 2236. 42 USC 2282. 83 Stat. 445. 68 Stat. 930. Civil penalties.
Sec. 234. Civil Monetary Penalties for Violations of Licensing Requirements.
a.269 Any person who (1) violates any licensing or certification
provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701 of any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, or (2) commits any violation for which a license may be revoked under section 186, shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000270 for each such violation.271 If
any violation is a continuing one, each day of such violation shall
constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties.
b. Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date,
facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section,
Written
notification. (3) advising of each penalty which the Commission proposes to impose rule, regulation, order, or license involved in the violation, and and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the Commission shall by regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the Commission, if any, the penalty may be collected by civil action.
c. On the request of the Commission, the Attorney General is
authorized to institute a civil action to collect a penalty imposed pursuant to this section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection.
Sec. 234A. Civil Monetary Penalties For Violations Of Department Of Energy Regulations.
42 USC 2282a.
Contracts. under subsection 170d. (or any subcontractor or supplier thereto) whoa. Any person who has entered into an agreement of indemnification violates (or whose employee violates) any applicable rule, regulation or order related to nuclear safety prescribed or issued by the Secretary of Energy pursuant to this Act (or expressly incorporated by reference by the Secretary for purposes of nuclear safety, except any rule, regulation, or order issued by the Secretary of Transportation) shall be subject to a civil penalty of not to exceed $100,000 for each such violation. If any violation under this subsection is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.
b. (1) The Secretary shall have the power to compromise, modify or remit, with or without conditions, such civil penalties and to prescribe regulations as he may deem necessary to implement this section.
(2) In determining the amount of any civil penalty under this subsection, the Secretary shall take into account the nature,