42 U.S.C. § 2274 — Communication of Restricted Data

Page 5538 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2274 ment not to exceed two years, or both. If the conviction is for a violation committed after a first conviction under this subsection, punish- ment 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, the term ‘‘basic component’’ means a facility structure, system, component or part thereof necessary to assure— (1) the integrity of the reactor coolant pres- sure 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 estab- lished by the Commission. The provisions of this subsection shall be promi- nently posted at each site where a utilization fa- cility required to be licensed under section 2133 or 2134(b) of this title is under construction and on the premises of each plant where components for such a facility are fabricated. (c) Criminal penalties Any individual director, officer or employee of a person indemnified under an agreement of in- demnification under section 2210(d) of this title (or of a subcontractor or supplier thereto) who, by act or omission, knowingly and willfully vio- lates or causes to be violated any section of this chapter or any applicable nuclear safety-related rule, regulation or order issued thereunder by the Secretary of Energy (or expressly incor- porated by reference by the Secretary for pur- poses of nuclear safety, except any rule, regula- tion, or order issued by the Secretary of Trans- portation), which violation results in or, if unde- tected, would have resulted in a nuclear incident as defined in section 2014(q) of this title shall, upon conviction, notwithstanding section 3571 of title 18, 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 viola- tion committed after the first conviction under this subsection, notwithstanding section 3571 of title 18, punishment shall be a fine of not more than $50,000, or imprisonment for not more than five years, or both. (Aug. 1, 1946, ch. 724, title I, § 223, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 958; amended Pub. L. 90–190, § 12, Dec. 14, 1967, 81 Stat. 578; Pub. L. 91–161, § 6, Dec. 24, 1969, 83 Stat. 445; Pub. L. 96–295, title II, § 203, June 30, 1980, 94 Stat. 786; Pub. L. 100–408, § 18, Aug. 20, 1988, 102 Stat. 1083; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1988—Subsec. (c). Pub. L. 100–408 added subsec. (c). 1980—Pub. L. 96–295 designated existing provisions as subsec. (a) and added subsec. (b). 1969—Pub. L. 91–161 limited application of section to instances where no criminal penalties have been pro- vided. 1967—Pub. L. 90–190 substituted ‘‘(o)’’ for ‘‘(p)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–408 effective Aug. 20, 1988, but inapplicable to any violation occurring before Aug. 20, 1988, see section 20 of Pub. L. 100–408, set out as a note under section 2014 of this title. § 2274. Communication of Restricted Data Whoever, lawfully or unlawfully, having pos- session of, access to, control over, or being en- trusted 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 at- tempts 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 pun- ished by imprisonment for life, or by imprison- ment for any term of years or a fine of not more than $100,000 or both; (b) communicates, transmits, or discloses the same to any individual or person, or at- tempts or conspires to do any of the foregoing, with reason to believe such data will be uti- lized 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. (Aug. 1, 1946, ch. 724, title I, § 224, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 958; amended Pub. L. 91–161, § 3(b), Dec. 24, 1969, 83 Stat. 444; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106–65, div. C, title XXXI, § 3148(a), Oct. 5, 1999, 113 Stat. 938; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(9)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294.) Editorial Notes AMENDMENTS 2000—Cl. (b). Pub. L. 106–398 substituted ‘‘$50,000’’ for ‘‘$500,000’’. 1999—Cl. (a). Pub. L. 106–65, § 3148(a)(1), substituted ‘‘$100,000’’ for ‘‘$20,000’’. Cl. (b). Pub. L. 106–65, § 3148(a)(2), substituted ‘‘$500,000’’ for ‘‘$10,000’’. 1969—Pub. L. 91–161 made death penalty inapplicable for willful violation, or attempted violation of this sec- tion with intent to injure the United States, or secure an advantage for any foreign nation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(9)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294, provided that the amendment made by that section is effective as of Oct. 5, 1999. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–161 applicable to offenses committed on or after Dec. 24, 1969, see section 7 of Page 5539 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2278a Pub. L. 91–161, set out as a note under section 2272 of this title. § 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 con- spires 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 im- prisonment for any term of years or a fine of not more than $100,000 or both. (Aug. 1, 1946, ch. 724, title I, § 225, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 959; amended Pub. L. 91–161, § 3(b), Dec. 24, 1969, 83 Stat. 444; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106–65, div. C, title XXXI, § 3148(b), Oct. 5, 1999, 113 Stat. 938.) Editorial Notes AMENDMENTS 1999—Pub. L. 106–65 substituted ‘‘$100,000’’ for ‘‘$20,000’’. 1969—Pub. L. 91–161 made death penalty inapplicable for willful violation, or attempted violation of this sec- tion with intent to injure the United States, or secure an advantage for any foreign nation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–161 applicable to offenses committed on or after Dec. 24, 1969, see section 7 of Pub. L. 91–161, set out as a note under section 2272 of this title. § 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 docu- ment, writing, sketch, photograph, plan, model, instrument, appliance, or note involving or in- corporating Restricted Data and used by any in- dividual or person in connection with the pro- duction of special nuclear material, or research or development relating to atomic energy, con- ducted 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 impris- onment for any term of years or a fine of not more than $20,000 or both. (Aug. 1, 1946, ch. 724, title I, § 226, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 959; amended Pub. L. 91–161, § 3(b), Dec. 24, 1969, 83 Stat. 444; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1969—Pub. L. 91–161 made death penalty inapplicable for willful violation, or attempted violation of this sec- tion with intent to injure the United States, or secure an advantage for any foreign nation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–161 applicable to offenses committed on or after Dec. 24, 1969, see section 7 of Pub. L. 91–161, set out as a note under section 2272 of this title. § 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 con- tractor of the Commission or of an agency of the United States, or being or having been an em- ployee of a contractor of the Commission or of an agency of the United States, or being or hav- ing been a licensee of the Commission, or being or having been an employee of a licensee of the Commission, knowingly communicates, or who- ever 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 chapter or under rule or regulation of the Commission issued pursuant thereto, knowing or having rea- son to believe such person is not so authorized to receive Restricted Data shall, upon convic- tion thereof, be punishable by a fine of not more than $12,500. (Aug. 1, 1946, ch. 724, title I, § 227, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 959; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 106–65, div. C, title XXXI, § 3148(c), Oct. 5, 1999, 113 Stat. 938.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1999—Pub. L. 106–65 substituted ‘‘$12,500’’ for ‘‘$2,500’’. § 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 2274 to 2276 of this title unless the indictment is found or the information is instituted within ten years next after such offense shall have been committed. (Aug. 1, 1946, ch. 724, title I, § 228, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 959; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2278a. Trespass on Commission installations (a) Issuance and posting of regulations (1) The Commission is authorized to issue reg- ulations relating to the entry upon or carrying, transporting, or otherwise introducing or caus-