42 U.S.C. § 2271 — General provisions

Page 5536 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2259 (b) References in rules, etc., on and after Sep- tember 20, 1977 Any reference in any rule, resolution, or order of the Senate or the House of Representatives or in any law, regulation, or Executive order to the Joint Committee on Atomic Energy shall, on and after September 20, 1977, be considered as re- ferring to the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject matter of such reference. (c) Transfer of records, data, etc.; copies All records, data, charts, and files of the Joint Committee on Atomic Energy are transferred to the committees of the Senate and House of Rep- resentatives which, under the rules of the Sen- ate and the House, have jurisdiction over the subject matters to which such records, data, charts, and files relate. In the event that any record, data, chart, or file shall be within the ju- risdiction of more than one committee, dupli- cate copies shall be provided upon request. (Aug. 1, 1946, ch. 724, title I, § 301, as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2259. Information and assistance to Congres- sional committees (a) Secretary of Energy and Nuclear Regulatory Commission The Secretary of Energy and the Nuclear Reg- ulatory Commission shall keep the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the functions of the Secretary or the Commission, fully and cur- rently informed with respect to the activities of the Secretary and the Commission. (b) Department of Defense and Department of State The Department of Defense and Department of State shall keep the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have ju- risdiction over national security considerations of nuclear energy, fully and currently informed with respect to such matters within the Depart- ment of Defense and Department of State relat- ing to national security considerations of nu- clear technology which are within the jurisdic- tion of such committees. (c) Government agencies Any Government agency shall furnish any in- formation requested by the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utiliza- tion, or application of nuclear energy, with re- spect to the activities or responsibilities of such agency in the field of nuclear energy which are within the jurisdiction of such committees. (d) Utilization of services, facilities, and per- sonnel of Government agencies; reimburse- ment; prior written consent The committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utilization, or application of nu- clear energy, are authorized to utilize the serv- ices, information, facilities, and personnel of any Government agency which has activities or responsibilities in the field of nuclear energy which are within the jurisdiction of such com- mittees: Provided, however, That any utilization of personnel by such committees shall be on a reimbursable basis and shall require, with re- spect to committees of the Senate, the prior written consent of the Committee on Rules and Administration, and with respect to committees of the House of Representatives, the prior writ- ten consent of the Committee on House Over- sight. (Aug. 1, 1946, ch. 724, title I, § 303, as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 104–186, title II, § 222(1), Aug. 20, 1996, 110 Stat. 1751.) Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. SUBCHAPTER XVII—ENFORCEMENT OF CHAPTER § 2271. General provisions (a) Authority of President to utilize Government agencies To protect against the unlawful dissemination of Restricted Data and to safeguard facilities, equipment, materials, and other property of the Commission, the President shall have authority to utilize the services of any Government agen- cy to the extent he may deem necessary or de- sirable. (b) Criminal violations The Federal Bureau of Investigation of the De- partment of Justice shall investigate all alleged or suspected criminal violations of this chapter. (c) Violations of this chapter No action shall be brought against any indi- vidual or person for any violation under this chapter 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: Provided, however, Page 5537 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2273 1 So in original. Probably should be ‘‘section’’. That nothing in this subsection shall be con- strued as applying to administrative action taken by the Commission. (Aug. 1, 1946, ch. 724, title I, § 221, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 958; amended Pub. L. 91–161, § 5, Dec. 24, 1969, 83 Stat. 445; Pub. L. 101–647, title XII, § 1211, Nov. 29, 1990, 104 Stat. 4833; 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 subsecs. (b) and (c), 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 complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1990—Subsec. (c). Pub. L. 101–647 struck out ‘‘That no action shall be brought under section 2272, 2273, 2274, 2275, or 2276 of this title except by the express direction of the Attorney General: And provided further,’’ after ‘‘Provided however,’’. 1969—Subsec. (c). Pub. L. 91–161 provided that nothing in this subsection should be construed to apply to ad- ministrative action taken by the Commission. § 2272. Violation of specific sections (a) Whoever willfully violates, attempts to violate, or conspires to violate, any provision of sections 1 2077 or 2131 of this title, or whoever unlawfully interferes, attempts to interfere, or conspires to interfere with any recapture or entry under section 2138 of this title, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than ten years, or both, except that who- ever commits such an offense with intent to in- jure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, be punished by imprison- ment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both. (b) Any person who violates, or attempts or conspires to violate, section 2122 of this title shall be fined not more than $2,000,000 and sen- tenced 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 2122 of this title, 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 im- prisoned for life. If the death of another results from a person’s violation of section 2122 of this title, the person shall be fined not more than $2,000,000 and punished by imprisonment for life. (Aug. 1, 1946, ch. 724, title I, § 222, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 958; amended Pub. L. 91–161, §§ 2, 3(a), Dec. 24, 1969, 83 Stat. 444; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 108–458, title VI, § 6904(b), Dec. 17, 2004, 118 Stat. 3771.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1816(a), (b) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2004—Pub. L. 108–458 designated existing provisions as subsec. (a), struck out ‘‘, 2122,’’ after ‘‘2077’’, and added subsec. (b). 1969—Pub. L. 91–161 increased maximum term of im- prisonment from five years to ten years for willful vio- lation, or attempted violation of enumerated sections, and struck out applicability of death penalty for viola- tion of same offenses committed with intent to injure the United States, or secure an advantage to any for- eign nation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91–161, § 7, Dec. 24, 1969, 83 Stat. 445, provided that: ‘‘The amendments contained in sections 2 and 3 of this Act [amending this section and sections 2274 and 2276 of this title] shall apply only to offenses under sec- tions 222, 224, 225, and 226 [this section and sections 2274, 2275, and 2276 of this title] which are committed on or after the date of enactment of this Act [Dec. 24, 1969]. Nothing in section 2 or 3 of this Act shall affect penalties authorized under existing law for offenses under section 222, 224, 225, or 226 of the Atomic Energy Act of 1954, as amended, committed prior to the date of enactment of this Act.’’ § 2273. Violation of sections (a) Generally Whoever willfully violates, attempts to vio- late, or conspires to violate, any provision of this chapter for which no criminal penalty is specifically provided or of any regulation or order prescribed or issued under section 2095 or 2201(b), (i), or (o) of this title shall, upon convic- tion 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 an offense with intent to injure the United States or with intent to secure an ad- vantage to any foreign nation, shall, upon con- viction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both. (b) Construction or supply of components for uti- lization facilities; impairment of basic com- ponents; ‘‘basic component’’ defined; posting at construction sites of utilization facilities and on premises of component fabrication plants Any individual director, officer, or employee of a firm constructing, or supplying the compo- nents of any utilization facility required to be licensed under section 2133 or 2134(b) of this title who by act or omission, in connection with such construction or supply, knowingly and willfully violates or causes to be violated, any section of this chapter, 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 imprison-