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42 U.S.C. § 2282 — Civil penalties

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2282 — Civil penalties

**(a) Violations of licensing requirements** Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, (2) violates any provision of [section 2077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077&num=0&edition=prelim), or (3) commits any violation for which a license may be revoked under [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. 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) Notice** 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, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose 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

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Source location: Title 42, Chapter 23, § 2282; chapter-023-development-and-control-of-atomic-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2077 — Unauthorized dealings in special nuclear material

**(a) Handling by persons** Unless authorized by a general or specific license issued by the Commission, which the Commission is authorized to issue pursuant to [section 2073 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2073&num=0&edition=prelim), no person may transfer or receive in interstate commerce, transfer, deliver, acquire, own, possess, receive possession of or title to, or import into or export from the United States any special nuclear material. **(b) Engagement or participation in development or production** It shall be unlawful for any person to directly or indirectly engage or participate in the development or production of any special nuclear material outside of the United States except (1) as specifically authorized under an agreement for cooperation made pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), including a specific authorization in a subsequent arrangement under [section 2160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2160&num=0&edition=prelim), or (2) upon authorization by the Secretary of Energy after a determination that such activity will not be inimical to the interest of the United States: Provided, That any such determination by the Secretary of Energy shall be made only with the concurrence of the Department of State and after consultation with the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense. The Secretary of Energy shall, within ninety days after March 10, 1978, establish orderly and expeditious procedures, including provision for necessary administrative actions and inter-agency memoranda of understandin

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2236 — Revocation of licenses

**(a) False applications; failure of performance** Any license may be revoked for any material false statement in the application or any statement of fact required under [section 2232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2232&num=0&edition=prelim), or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for failure to construct or operate a facility in accordance with the terms of the construction permit or license or the technical specifications in the application, or for violation of, or failure to observe any of the terms and provisions of this chapter or of any regulation of the Commission. **(b) Procedure** The Commission shall follow the provisions of [section 558(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section558/c&num=0&edition=prelim) in revoking any license. **(c) Repossession of material** Upon revocation of the license, the Commission may immediately retake possession of all special nuclear material held by the licensee. In cases found by the Commission to be of extreme importance to the national defense and security or to the health and safety of the public, the Commission may recapture any special nuclear material held by the licensee or may enter upon and operate the facility prior to any of the procedures provided under subchapter II of chapter 5 and chapter 7 of title 5. Just compensation shall be paid for the use of the facility.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2077a — Interagency review of applications for the transfer of United States civil nuclear technology

**(a) Annual reports on transfers to covered foreign countries** At the same time as the President submits to Congress the annual budget request under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for a fiscal year, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes— (1) a description of the authorizations under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) to transfer United States civil nuclear technology to a covered foreign country during the preceding year; and (2) a statement of whether any agency required to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer. **(b) Determination of technologies to be protected** (1) **In general** — Not later than 90 days after November 25, 2015, and every five years thereafter, the Secretary of Energy shall— (A) in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, including with respect to a naval propulsion or weapons program; and (B) notify the appropriate congressional committees with respect to the determination and the technologies covered by the determination. (2) **Notification** (A) *In general* — Except as provided in subparagraph (B), not later than 14 days before making an authorization under [section 2077(b) of this title](https://uscode.house.g

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2077a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2114 — Authorities of Commission respecting certain byproduct material

**(a) Management function** The Commission shall insure that the management of any byproduct material, as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), is carried out in such manner as— (1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radiological hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,,11 So in original. (2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2022&num=0&edition=prelim), and (3) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.]. **(b) Rules, regulations, or orders for certain activities; civil penalty** In carrying out its authority under this section, the Commission is authorized to— (1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under [section 2111 of this title](https://u

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2114

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2167 — Safeguards information

**(a) Confidentiality of certain types of information; issuance of regulations and orders; considerations for exercise of Commission’s authority; disclosure of routes and quantities of shipment; civil penalties; withholding of information from Congressional committees** In addition to any other authority or requirement regarding protection from disclosure of information, and subject to subsection (b)(3) of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the Commission shall prescribe such regulations, after notice and opportunity for public comment, or issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information which specifically identifies a licensee’s or applicant’s detailed— (1) control and accounting procedures or security measures (including security plans, procedures, and equipment) for the physical protection of special nuclear material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security; (2) security measures (including security plans, procedures, and equipment) for the physical protection of source material or byproduct material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security; or (3) security measures (including security plans, procedures, and equipment) for the physical protection of and the location of certain plant equipment vital to the safety of production or utilization facilities involving nuclear materials covered by paragraphs (1) and (2) 11 So in original. Pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2167

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2168 — Dissemination of unclassified information

**(a) Dissemination prohibited; rules and regulations; determinations of Secretary prerequisite to issuance of prohibiting regulations or orders; criteria** (1) In addition to any other authority or requirement regarding protection from dissemination of information, and subject to [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), the Secretary of Energy (hereinafter in this section referred to as the “Secretary”), with respect to atomic energy defense programs, shall prescribe such regulations, after notice and opportunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified information pertaining to— (A) the design of production facilities or utilization facilities; (B) security measures (including security plans, procedures, and equipment) for the physical protection of (i) production or utilization facilities, (ii) nuclear material contained in such facilities, or (iii) nuclear material in transit; or (C) the design, manufacture, or utilization of any atomic weapon or component if the design, manufacture, or utilization of such weapon or component was contained in any information declassified or removed from the Restricted Data category by the Secretary (or the head of the predecessor agency of the Department of Energy) pursuant to [section 2162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2162&num=0&edition=prelim). (2) The Secretary may prescribe regulations or issue orders under paragraph (1) to prohibit the dissemination of any information described in such paragraph only if and to the extent that the Secretary determines that the unauthorized diss

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2168

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5815 — Abolition and transfers

**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed. **(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter. **(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter. **(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator. **(e) Transfer to Administrator of certain functions of Secretary of the Interior

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5847 — Compliance with safety regulations

**(a) Notification to Commission of noncompliance** Any individual director, or responsible officer of a firm constructing, owning, operating, or supplying the components of any facility or activity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.], or pursuant to this chapter, who obtains information reasonably indicating that such facility or activity or basic components supplied to such facility or activity— (1) fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to substantial safety hazards, or (2) contains a defect which could create a substantial safety hazard, as defined by regulations which the Commission shall promulgate, shall immediately notify the Commission of such failure to comply, or of such defect, unless such person has actual knowledge that the Commission has been adequately informed of such defect or failure to comply. **(b) Penalty for failure to notify** Any person who knowingly and consciously fails to provide the notice required by subsection (a) of this section shall be subject to a civil penalty in an amount equal to the amount provided by section 234 of the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2282](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282&num=0&edition=prelim)]. **(c) Posting of requirements** The requirements of this section shall be prominently posted on the premises of any facility licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?r

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5847

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2282 — Civil penalties

Page 5541 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2282a ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2281. Contempt proceedings In case of failure or refusal to obey a subpena served upon any person pursuant to section 2201(c) of this title, 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 requir- ing such person to appear and give testimony or to appear and produce documents, or both, in ac- cordance with the subpena; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Aug. 1, 1946, ch. 724, title I, § 233, formerly § 231, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered § 233, Aug. 6, 1956, ch. 1015, § 6, 70 Stat. 1070; 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 1816(d) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2282. Civil penalties (a) Violations of licensing requirements Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limita- tion of any license or certification issued there- under, (2) violates any provision of section 2077 of this title, or (3) commits any violation for which a license may be revoked under section 2236 of this title, shall be subject to a civil pen- alty, to be imposed b

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2282

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