42 U.S.C. § 2273 — Violation of sections

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- 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