42 U.S.C. § 2283 — Protection of nuclear inspectors

Page 5544 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2283 (B) to take into account special cir- cumstances at a facility that is, or is ex- pected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another enti- ty for reuse; and (C) to achieve national security missions of the Department of Energy in an efficient and timely manner. (4) No effect on health and safety enforcement This subsection does not diminish or other- wise affect the enforcement or the application of any other law, regulation, order, or contrac- tual obligation relating to worker health and safety. (b) Civil penalties (1) In general A person (or any subcontractor or supplier of the person) who has entered into an agreement of indemnification under section 2210(d) of this title (or any subcontractor or supplier of the person) that violates (or is the employer of a person that violates) any regulation promul- gated under subsection (a) shall be subject to a civil penalty of not more than $70,000 for each such violation. (2) Continuing violations If any violation under this subsection is a continuing violation, each day of the violation shall constitute a separate violation for the purpose of computing the civil penalty under paragraph (1). (c) Contract penalties (1) In general The Secretary shall include in each contract with a contractor of the Department who has entered into an agreement of indemnification under section 2210(d) of this title provisions that provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any reg- ulation promulgated under subsection (a). (2) Contents The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation. (d) Coordination of penalties (1) Choice of penalties For any violation by a person of a regulation promulgated under subsection (a), the Sec- retary shall pursue either civil penalties under subsection (b) or contract penalties under sub- section (c), but not both. (2) Maximum amount In the case of an entity described in sub- section (d) of section 2282a of this title, the total amount of civil penalties under sub- section (b) and contract penalties under sub- section (c) in a fiscal year may not exceed the total amount of fees paid by the Department of Energy to that entity in that fiscal year. (3) Coordination with section 2282a of this title The Secretary shall ensure that a contractor of the Department is not penalized both under this section and under section 2282a of this title for the same violation. (Aug. 1, 1946, ch. 724, title I, § 234C, as added Pub. L. 107–314, div. C, title XXXI, § 3173(a), Dec. 2, 2002, 116 Stat. 2743.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12344, referred to in subsec. (a)(2), is set out as a note under section 2511 of Title 50, War and National Defense. Section 1634 of the Department of Defense Authoriza- tion Act, 1985 (Public Law 98–525), referred to in subsec. (a)(2), is set out as a note under section 2511 of Title 50, War and National Defense. Statutory Notes and Related Subsidiaries PROMULGATION OF INITIAL REGULATIONS Pub. L. 107–314, div. C, title XXXI, § 3173(b), Dec. 2, 2002, 116 Stat. 2745, provided that: ‘‘(1) DEADLINE FOR PROMULGATING REGULATIONS.—The Secretary of Energy shall promulgate the regulations required by subsection a. of section 234C of the Atomic Energy Act of 1954 [42 U.S.C. 2282c(a)] (as added by sub- section (a)) not later than one year after the date of the enactment of this Act [Dec. 2, 2002]. ‘‘(2) EFFECTIVE DATE.—The regulations promulgated under paragraph (1) shall take effect on the date that is one year after the promulgation date of the regula- tions.’’ PROHIBITION Pub. L. 107–314, div. C, title XXXI, § 3173(c), Dec. 2, 2002, 116 Stat. 2745, provided that: ‘‘The Secretary of Energy shall not participate in or otherwise support any study or other project relating to a modification in the scope of the regulations enforceable by civil pen- alties under section 234A or 234C of the Atomic Energy Act of 1954 [42 U.S.C. 2282a, 2282c], or the responsibility of the Secretary to implement and enforce such regula- tions, until after the date on which the regulations for such purposes under such section 234C take effect in ac- cordance with subsection (b) [set out as a note above].’’ § 2283. Protection of nuclear inspectors (a) Homicide Whoever kills any person who performs any inspections which— (1) are related to any activity or facility li- censed by the Commission, and (2) are carried out to satisfy requirements under this chapter or under any other Federal law governing the safety of utilization facili- ties required to be licensed under section 2133 or 2134(b) of this title, or the safety of radio- active materials, shall be punished as provided under sections 1111 and 1112 of title 18. The preceding sentence shall be applicable only if such person is killed while engaged in the performance of such inspection duties or on account of the performance of such duties. (b) Assault Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any per- son who performs inspections as described under subsection (a) of this section, while such person is engaged in such inspection duties or on ac- count of the performance of such duties, shall be punished as provided under section 111 of title 18. 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-