§ 2282. Civil penalties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 91–161 § 4 · 83 Stat. 444

   Enacted · 42 U.S.C. § 2282

   Aug. 1, 1946, ch. 724, title I, § 234, as added Pub. L. 91–161, § 4, Dec. 24, 1969, 83 Stat. 444

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 234, as added Pub. L. 91–161, § 4, Dec. 24, 1969, 83 Stat. 444

   Enacted provision · exact public law section
   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 68 Stat. 930. 42 USC 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139. 42 USC 2236. 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.”

2. 1980

   Pub. L. 96–295 title II § 206 · 94 Stat. 780

   Substituted · 42 U.S.C. § 2282(a)

   Pub. L. 96–295 substituted $100,000 penalty limitation per violation for $5,000 limit per violation and $25,000 limit for all violations taking place within any thirty consecutive day period

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–295 substituted $100,000 penalty limitation per violation for $5,000 limit per violation and $25,000 limit for all violations taking place within any thirty consecutive day period.

   Enacted provision · exact public law section
   Sec. 206. The first sentence of section 234 a. of the Atomic Energy Act of 1954 is amended by striking all that follows “exceed” the first 42 USC 2282. time it appears and inserting in lieu thereof the following: “$100,000 for each such violation.”.

3. 1996

   USEC Privatization Act

   Pub. L. 104–134 title III § 3116(d) · 110 Stat. 1321

   1. Substituted · 42 U.S.C. § 2282(a)

      Pub. L. 104–134, in first sentence, substituted “any licensing or certification provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title” for “any licensing provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, or 2139 of this title”

   2. Substituted · 42 U.S.C. § 2282(a)

      Pub. L. 104–134, in first sentence, substituted “any license or certification issued thereunder” for “any license issued thereunder”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–134, in first sentence, substituted “any licensing or certification provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title” for “any licensing provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, or 2139 of this title” and “any license or certification issued thereunder” for “any license issued thereunder”.

   Enacted provision · exact public law section
   (d) Civil Penalties.— Section 234 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a) is amended by— (1) striking “any licensing provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109” and inserting: “any licensing or certification provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701”; and (2) by striking “any license issued thereunder” and inserting: “any license or certification issued thereunder”.

4. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXI § 3116(b) · 132 Stat. 1636

   1. Struck · 42 U.S.C. § 2282(a)

      Pub. L. 115–232 struck out “2077,” after “2073,”

   2. Substituted · 42 U.S.C. § 2282(a)

      Pub. L. 115–232 substituted “(2) violates any provision of section 2077 of this title, or (3)” for “or (2)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–232 struck out “2077,” after “2073,” and substituted “(2) violates any provision of section 2077 of this title, or (3)” for “or (2)”.

   Enacted provision · exact public law section
   (b) Civil Penalties.— Section 234 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)) is amended— (1) by striking “57,”; and (2) by striking “or (2)” and inserting “(2) violates any provision of section 57, or (3)”.

6 of 6 references resolved to an enrolled provision