
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2273]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER XVII--ENFORCEMENT OF CHAPTER
 
Sec. 2273. Violation of sections


(a) Generally

    Whoever willfully violates, attempts to violate, 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 
conviction 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 advantage to any foreign nation, shall, upon 
conviction 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 utilization facilities; 
        impairment of basic components; ``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 components 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 imprisonment not to exceed two 
years, or both. If the conviction is for a violation committed after a 
first conviction under this subsection, punishment 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 pressure 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 established 
    by the Commission.

The provisions of this subsection shall be prominently posted at each 
site where a utilization facility 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 indemnification under section 2210(d) of this 
title (or of a subcontractor or supplier thereto) who, by act or 
omission, knowingly and willfully violates 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 incorporated by reference by the Secretary for purposes of 
nuclear safety, except any rule, regulation, or order issued by the 
Secretary of Transportation), which violation results in or, if 
undetected, 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 violation 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, Sec. 223, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 958; amended Pub. L. 90-190, Sec. 12, Dec. 14, 
1967, 81 Stat. 578; Pub. L. 91-161, Sec. 6, Dec. 24, 1969, 83 Stat. 445; 
Pub. L. 96-295, title II, Sec. 203, June 30, 1980, 94 Stat. 786; Pub. L. 
100-408, Sec. 18, Aug. 20, 1988, 102 Stat. 1083; renumbered title I, 
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
2944.)


                               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 provided.
    1967--Pub. L. 90-190 substituted ``(o)'' for ``(p)''.


                    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.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.


                            Cross References

    Conspiracy to commit offense, see section 371 of Title 18, Crimes 
and Criminal Procedure.
    Federal retirement benefits, forfeiture upon conviction of offense 
described hereunder, see section 8312 of Title 5, Government 
Organization and Employees.
    Forfeiture of veterans' benefits upon conviction under this section, 
see section 6105 of Title 38, Veterans' Benefits.

                  Section Referred to in Other Sections

    This section is referred to in sections 2167, 2168 of this title; 
title 5 section 8312; title 38 section 6105.
