Volume 83 · 445
Public Law 91–161
To amend the Atomic Energy Act of 1954, as amended, and for other purposes.
Approved December 24, 1969
Statutory text
AN ACT
To amend the Atomic Energy Act of 1954, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1.
Subsection 153h. of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
“h.
The provisions of this section shall apply to any patent the application for which shall have been filed before September 1, 1974.”
Sec. 2.
Section 222 of the Atomic Energy Act of 1954, as amended, is amended by striking out “imprisonment for not more than five years” and inserting in lieu thereof “imprisonment for not more than ten years”.
Sec. 3.
Section 222 of the Atomic Energy Act of 1954, as amended, is amended by striking out “death or imprisonment for life (but the penalty of death or imprisonment for life may be imposed only upon recommendation of the jury), or by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both” and inserting in lieu thereof “imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both”.
Sections 224, 225, and 226 of the Atomic Energy Act of 1954, as amended, are each amended by striking out “death or imprisonment for life (but the penalty of death or imprisonment for life may be imposed only upon recommendation of the jury), or by a fine of not more than $20,000 or imprisonment for not more than twenty years, or both” and inserting in lieu thereof “imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both”.
Sec. 4.
Chapter 18 of the Atomic Energy Act of 1954, as amended, is amended by adding at the end thereof the following new section:
“Sec. 234. Civil Monetary Penalties for Violations or Licensing Requirements.—
“a.
Any person who (1) violates any licensing provision of section
42 USC 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139.
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 may be revoked under section 186, shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $5,000 for each such 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. 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.
“b.
Whenever the Commission has reason to believe that a person
Written notification.
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
Civil Action.
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. 5.
Subsection 221 c. of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
“c.
No action shall be brought against any individual or person for any violation under this Act 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, That no action shall be brought under section 222, 223, 224, 225, or 226 except by the
express direction of the Attorney General: And provided further, That nothing in this subsection shall be construed as applying to administrative action taken by the Commission.”
Sec. 6.
Section 223 of the Atomic Energy Act of 1954, as amended, is amended by adding the word “criminal” before the word “penalty”.
Sec. 7.
The amendments contained in sections 2 and 3 of this Act shall apply only to offenses under sections 222, 224, 225, and 226 which are committed on or after the date of enactment of this Act. 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.
Approved December 24, 1969.