42 U.S.C. § 2284 — Sabotage of nuclear facilities or fuel

Page 5545 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2286 1 So in original. The semicolon probably should be a comma. (Aug. 1, 1946, ch. 724, title I, § 235, as added Pub. L. 96–295, title II, § 202(a), June 30, 1980, 94 Stat. 786; 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 subsec. (a)(2), 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 clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. § 2284. Sabotage of nuclear facilities or fuel (a) Physical damage to facilities, etc. Any person who knowingly destroys or causes physical damage to— (1) any production facility or utilization fa- cility licensed under this chapter; (2) any nuclear waste treatment, storage, or disposal facility licensed under this chapter; (3) any nuclear fuel for a utilization facility licensed under this chapter, or any spent nu- clear fuel from such a facility; (4) any uranium enrichment, uranium con- version, or nuclear fuel fabrication facility li- censed or certified by the Nuclear Regulatory Commission; (5) any production, utilization, waste stor- age, waste treatment, waste disposal, uranium enrichment, uranium conversion, or nuclear fuel fabrication facility subject to licensing or certification under this chapter during con- struction of the facility, if the destruction or damage caused or attempted to be caused could adversely affect public health and safety during the operation of the facility; (6) any primary facility or backup facility from which a radiological emergency pre- paredness alert and warning system is acti- vated; or (7) any radioactive material or other prop- erty subject to regulation by the Commission that, before the date of the offense, the Com- mission determines, by order or regulation published in the Federal Register, is of signifi- cance to the public health and safety or to common defense and security; 1 or attempts or conspires to do such an act, shall be fined not more than $10,000 or imprisoned for not more than 20 years, or both, and, if death re- sults to any person, shall be imprisoned for any term of years or for life. (b) Unauthorized use or tampering with facili- ties, etc. Any person who knowingly causes an interrup- tion of normal operation of any such facility through the unauthorized use of or tampering with the machinery, components, or controls of any such facility, or attempts or conspires to do such an act, shall be fined not more than $10,000 or imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life. (Aug. 1, 1946, ch. 724, title I, § 236, as added Pub. L. 96–295, title II, § 204(a), June 30, 1980, 94 Stat. 787; amended Pub. L. 97–415, § 16, Jan. 4, 1983, 96 Stat. 2076; Pub. L. 101–575, § 5(d), Nov. 15, 1990, 104 Stat. 2835; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 107–56, title VIII, §§ 810(f), 811(h), Oct. 26, 2001, 115 Stat. 380, 381; Pub. L. 109–58, title VI, § 655, Aug. 8, 2005, 119 Stat. 813.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1) to (3), (5), 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 principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 655(b), substituted ‘‘knowingly’’ for ‘‘intentionally and willfully’’ in intro- ductory provisions. Pub. L. 109–58, § 655(a), substituted ‘‘treatment, stor- age, or disposal facility’’ for ‘‘storage facility’’ in par. (2), ‘‘a utilization facility licensed under this chapter’’ for ‘‘such a utilization facility’’ in par. (3), and ‘‘, uranium conversion, or nuclear fuel fabrication fa- cility licensed or certified’’ for ‘‘facility licensed’’ in par. (4) and added pars. (5) to (7). Subsec. (b). Pub. L. 109–58, § 655(b), substituted ‘‘knowingly’’ for ‘‘intentionally and willfully’’. 2001—Subsec. (a). Pub. L. 107–56, §§ 810(f)(1), (2), 811(h)(1)(A), (C), in introductory provisions, struck out ‘‘, or who intentionally and willfully attempts to de- stroy or cause physical damage to’’ before ‘‘—’’, and in concluding provisions, inserted ‘‘or attempts or con- spires to do such an act,’’ before ‘‘shall be fined’’ and substituted ‘‘20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.’’ for ‘‘ten years, or both.’’ Subsec. (a)(4). Pub. L. 107–56, § 811(h)(1)(B), sub- stituted comma for period at end. Subsec. (b). Pub. L. 107–56, §§ 810(f)(1), (3), 811(h)(2), struck out ‘‘or attempts to cause’’ before ‘‘an interrup- tion of normal operation’’, inserted ‘‘or attempts or conspires to do such an act,’’ before ‘‘shall be fined’’, and substituted ‘‘20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.’’ for ‘‘ten years, or both.’’ 1990—Subsec. (a)(4). Pub. L. 101–575, which directed amendment of this section by adding par. (4) after par. (3), was executed by adding par. (4) after par. (3) of sub- sec. (a) of this section to reflect the probable intent of Congress. 1983—Pub. L. 97–415 designated existing provisions as subsec. (a) and added subsec. (b). SUBCHAPTER XVII–A—DEFENSE NUCLEAR FACILITIES SAFETY BOARD § 2286. Establishment (a) Establishment There is hereby established an independent es- tablishment in the executive branch, to be known as the ‘‘Defense Nuclear Facilities Safety Board’’ (hereafter in this subchapter referred to as the ‘‘Board’’). (b) Membership (1) The Board shall be composed of five mem- bers appointed from civilian life by the Presi- dent, by and with the advice and consent of the Senate, from among United States citizens who are respected experts in the field of nuclear safe-