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Civil penalties.

42 U.S.C.

sec. 2282

68 Stat. 930.

2077, 2092,

2098, 2111,

2112, 2131, 2133, 2134, 2137, 2139, 42 U.S.C. 2236.

"SEC. 234.183 CIVIL MONETARY PENALTIES FOR VIOLATIONS OF LICENSING REQUIREMENTS.

may

"a. Any person who (1) violates any licensing provi42U.S.C. 2073, sion of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license issued thereunder, or (2) commits any violation for which a license be revoked under section 186, shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation.184 If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties.

83 Stat. 445.

Written notification.

42 USC 2283.

42 USC 2133, 2134.

"b. Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the Commission shall by regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the Commission, if any, the penalty may be collected by civil action.

"c. On the request of the Commission, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection.

"SEC. 235. PROTECTION OF NUCLEAR INSPECTORS.

"a. Whoever kills any person who performs any inspections which—

"(1) are related to any activity or facility licensed by the Commission, and

"(2) are carried out to satisfy requirements under this Act or under any other Federal law governing the safety of utilization facilities required to be li

183 Public Law 91-161 (83 Stat. 444) (1969), sec. 4, added sec. 234. 184 Public Law 96-295 (94 Stat. 787) (1980), sec. 206, amended sec. (a) by striking all that followed "exceed" and inserted "$100,000 for each such violation. Prior to amendment, the portion deleted read as follows: "$5,000 for each violation: Provided, That in no event shall the total penalty payable by any person exceed $25,000 for all violations by such person occurring within any period of thirty consecutive days."

Transfer of
property.
42 U.S.C.
Bec. 2015.

Report to Congress. 42 U.S.C. sec. 2016.

42 U.S.C. Dec. 2017.

censed under section 103 or 104 b, or the safety of radioactive materials.

shall be punished as provided under sections 1111 and 1112 of title 18, United States Code. 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. Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person who performs inspections as described under subsection a. of this section, while such person is engaged in such inspection duties or on account of the performance of such duties, shall be punished as provided under section 111 of title 18, United States Code." 185

"SEC. 236. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.Any person who intentionally and willfully destroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to"(1) any production facility or utilization facility licensed under this Act,

"(2) any nuclear waste storage facility licensed under this Act,

"(3) any nuclear fuel for such a utilization facility, or any spent nuclear fuel from such a facility, shall be fined not more than $10,000 or imprisoned for not more than ten years, or both." 186

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"CHAPTER 19. MISCELLANEOUS

"SEC. 241. TRANSFER OF PROPERTY.-Nothing in this Act shall be deemed to repeal, modify, amend, or alter the provisions of section 9(a) of the Atomic Energy Act of 1946, as heretofore amended.187

"SEC. 251. REPORT TO CONGRESS.-The Commission shall submit to the Congress, in January 188 of each year, a report concerning the activities of the Commission. The Commission shall include in such report, and shall at such other times as it deems desirable submit to the Congress, such recommendations for additional legislation as the Commission deems necessary or desirable. "SEC. 261. APPROPRIATIONS.

189

"a. No appropriation 190 shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress.191

185 Public Law 96-295 (94 Stat. 786) (1980), sec. 202, added new sec. 235. 188 Public Law 96-295 (94 Stat. 787) (1980), sec. 204, added new sec. 236.

187 See appendix 4, sec. 9(a).

188 Public Law 86-43 (73 Stat. 73) (1959), amended sec. 251 by deleting 189 Public Law 88-72 (77 Stat. 84) (1963), sec. 107, the AEC Fiscal Year 1964 Authorization Act, amended section 261. Before amendment this section read as follows:

"SEC. 261. APPROPRIATIONS.

"a. There are hereby authorized to be appropriated such sums as may

"b. Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only.

"c. Notwithstanding the provisions of subsection a., funds are hereby authorized to be appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes.

"d. Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that

"(1) the substituted project is essential to the common defense and security;

(Continued)

be necessary and appropriate to carry out the provisions and purposes of this Act, except

"(1) Such as may be necessary for acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction or expansion: Provided, That for the purposes of this subsection a., any nonmilitary experimental reactor which is designed to produce more than 10,000 thermal kilowatts of heat (except for intermittent excursions) or which is designed to be used in the production of electric power shall be deemed to be a facility.

"(2) Such as may be necessary to carry out cooperative programs with persons for the development and construction of reactors for the demonstration of their use, in whole or in part, in the production of electric power or process heat, or for propulsion, or solely or principally for the commercial provision of byproduct material, irradiation, or other special services, for civilian use, by arrangements (including contracts, agreements, and loans) or amendments thereto, providing for the payment of funds, the rendering of services, and the undertaking of research and development without full reimbursement, the waiver of charges accompanying such arrangement, or the provision by the Commission of any other financial assistance pursuant to such arrangement, or which involves the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction or expansion undertaken by the Commission as a part of such arrangements.

"b. The acts appropriating such sums may appropriate specified portions thereof to be accounted for upon the certification of the Commission only.

"c. Funds are hereby authorized to be appropriated for advance planning, construction design, and architectural services in connection with any plant or facility not otherwise authorized, and for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes.

"d. Funds hereafter authorized to be appropriated for any project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another project not otherwise authorized if the substituted project is within the limit of cost of the project for which substitution is to be made, and the Commission certifies that

"(1) the substituted project is essential to the common defense and security;

"(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and

"(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project." Subsecs. c. and d. added by Public Law 87-615 (76 Stat. 409), sec. 8. For previous amendments of this section see "Atomic Energy Legislation Through 87th Congress. 2nd Session," p. 79.) 190 Excerpts from legislation appropriating funds to the Atomic Energy Commission are set forth in appendix 5.

191 Legislation authorizing appropriations to the Commission is set forth in Part II, infra.

"(2) the substituted project is required by changes in weapon characteristics or weapon logistics operations; and

jurisdiction.

Bec. 2018.

"(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project. "SEC. 271. AGENCY JURISDICTION.-Nothing in this Act Agency shall be construed to affect the authority or regulations 42 U.S.C. of any Federal, State, or local agency with respect to the generation, sale, or transmission of electric power produced through the use of nuclear facilities licensed by the Commission: Provided, That this section shall not be deemed to confer upon any Federal, State, or local agency any authority to regulate, control, or restrict any activities of the Commission.192

"SEC. 272. APPLICABILITY OF FEDERAL POWER ACT.Every licensee under this Act who holds a license from the Commission for a utilization or production facility for the generation of commercial electric energy under section 103 and who transmits such electric energy in interstate commerce or sells it as wholesale in interstate commerce shall be subject to the regulatory provisions of the Federal Power Act.

in

Applicability
of Federal
Power Act.
c. 2019.

42 U.S.C.

Licensing of
Government

42 U.S.C. sec. 2020.

"SEC. 273. LICENSING OF GOVERNMENT AGENCIES.Nothing in this Act shall preclude any Government agencies. agency now or hereafter authorized by law to engage the production, marketing, or distribution of electric energy from obtaining a license under section 103, if qualified under the provisions of section 103, for the construction and operation of production or utilization facilities for the primary purpose of producing electric energy for disposition for ultimate public consumption. "SEC. 274. COOPERATION WITH STATES.193. "a. It is the purpose of this section

"(1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this Act of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials;

"(2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials;

"(3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials;

192 Public Law 89-135 (79 Stat. 551) (1965). amended sec. 271. Prior to amendment this section read as follows:

"SEC. 271. AGENCY JURISDICTION.-Nothing in this Act shall be construed to affect the authority or regulations of any Federal, State, or local agency with respect to the generation, sale, or transmission of electric power."

13 Public Law 86-373 (73 Stat. 688) (1959), sec. 1, added sec. 274.

Cooperation with States. 42 U.S.C. sec. 2021.

"(4) to establish procedures and criteria for discontinuance of certain of the Commission's regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States;

"(5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States;

and

"(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable.

"b. Except as provided in subsection c., the Commis- Agreements sion is authorized to enter into agreements with the Gov- with States. ernor of any State providing for discontinuance of the regulatory authority of the Commission under chapters 6, 7, and 8, and section 161 of this Act, with respect to any one or more of the following materials within the State

"(1) byproduct materials as defined in section 11e. (1): 194

"(2) byproduct materials as defined in section 11e. (2); 195

"(3) source materials;

"(4) special nuclear materials in quantities not sufficient to form a critical mass.

During the duration of such an agreement it is recognized that the State shall have authority to regulate the materials covered by the agreement for the protection of the public health and safety from radiation hazards.

"c. No agreement entered into pursuant to subsection b. shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of

"(1) the construction and operation of any production or utilization facility;

"(2) the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility;

66

(3) the disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in regulations or orders of the Commission;

"(4) the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission. The Commission shall also retain authority under any such agreement to make a determination that all ap

194 Public Law 95-604 (92 Stat. 3036) (1978), sec. 204 (a), amended sec. 274 (b) (1) by adding "as defined in section 11e. (1)" after the words "byproduct materials".

185 Public Law 95-604 (92 Stat. 3037) (1978), sec. 204 (a), renumbered paragraphs (2) and (3) as paragraphs (3) and (4), and added a new paragraph (2).

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