Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 42 — The Public Health and Welfare

Chapter 23 — Development and Control of Atomic Energy

§ 2284. Sabotage of nuclear facilities or fuel

Statutory text

(a)

Physical damage to facilities, etc.

Any person who knowingly destroys or causes physical damage to—

(1)

any production facility or utilization facility 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 nuclear fuel from such a facility;

(4)

any uranium enrichment, uranium conversion, or nuclear fuel fabrication facility licensed or certified by the Nuclear Regulatory Commission;

(5)

any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, uranium conversion, or nuclear fuel fabrication facility subject to licensing or certification under this chapter during construction 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 preparedness alert and warning system is activated; or

(7)

any radioactive material or other property subject to regulation by the Commission that, before the date of the offense, the Commission determines, by order or regulation published in the Federal Register, is of significance 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 results to any person, shall be imprisoned for any term of years or for life.

(b)

Unauthorized use or tampering with facilities, etc.

Any person who knowingly causes an interruption 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.

Footnotes

  1. 1 So in original. The semicolon probably should be a comma.

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. Pub. L. 96–295 title II § 204(a) · 94 Stat. 780

    Enacted · 42 U.S.C. § 2284

    Aug. 1, 1946, ch. 724, title I, § 236, as added Pub. L. 96–295, title II, § 204(a), June 30, 1980, 94 Stat. 787

    Source evidence

    Code source credit
    Aug. 1, 1946, ch. 724, title I, § 236, as added Pub. L. 96–295, title II, § 204(a), June 30, 1980, 94 Stat. 787

    Enacted provision · exact public law section
    (a) The Atomic Energy Act of 1954 is amended by adding the following new section after section 234: “Sec. 236. Sabotage of Nuclear Facilities or Fuel.— Any person 42 USC 2284. 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.”.

  2. Pub. L. 97–415 § 16 · 96 Stat. 2067

    1. Amended · 42 U.S.C. § 2284

      Pub. L. 97–415 designated existing provisions as subsec. (a)

    2. Added · 42 U.S.C. § 2284

      Pub. L. 97–415 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 97–415 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    Sec. 16. sabotage of nuclear facilities or fuel Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended to read as follows: “Sec. 236. Sabotage of Nuclear Facilities or Fuel.— “a. 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; or “(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. “b. Penalties. Any person who intentionally and willfully causes or attempts to cause an interruption of normal operation of any such facility through the unauthorized use of or tampering with the machinery, components, or controls of any such facility, shall be fined not more than $10,000 or imprisoned for not more than ten years, or both.”.

  3. Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990

    Pub. L. 101–575 § 5(d) · 104 Stat. 2834

    Added · 42 U.S.C. § 2284(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 subsec. (a) of this section to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    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 subsec. (a) of this section to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (d) Sabotage of Nuclear Facilities or Fuel.— Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended— (1) by striking “or” at the end of paragraph (2); (2) by inserting “or” after the semicolon at the end of paragraph (3); and (3) by adding after paragraph (3) the following new paragraph: “(4) any uranium enrichment facility licensed by the Nuclear Regulatory Commission.”.

  4. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 title VIII · 115 Stat. 272

    1. Struck · 42 U.S.C. § 2284(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 destroy or cause physical damage to” before “—”, and in concluding provisions

    2. Inserted · 42 U.S.C. § 2284(a)

      Pub. L. 107–56, §§ 810(f)(1), (2), 811(h)(1)(A), (C), in introductory provisions, inserted “or attempts or conspires to do such an act,” before “shall be fined”

    3. Substituted · 42 U.S.C. § 2284(a)

      Pub. L. 107–56, §§ 810(f)(1), (2), 811(h)(1)(A), (C), in introductory provisions, 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.”

    Source evidence

    Code amendment note
    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 destroy or cause physical damage to” before “—”, and in concluding provisions, 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.”

  5. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 811(h)(1)(B) · 115 Stat. 272

    Substituted · 42 U.S.C. § 2284(a)(4)

    Pub. L. 107–56, § 811(h)(1)(B), substituted comma for period at end

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 107–56, § 811(h)(1)(B), substituted comma for period at end.

    Enacted provision · exact public law section
    (B) in paragraph (4), by striking the period at the end and inserting a comma; and

  6. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 title VIII · 115 Stat. 272

    1. Struck · 42 U.S.C. § 2284(b)

      Pub. L. 107–56, §§ 810(f)(1), (3), 811(h)(2), struck out “or attempts to cause” before “an interruption of normal operation”

    2. Inserted · 42 U.S.C. § 2284(b)

      Pub. L. 107–56, §§ 810(f)(1), (3), 811(h)(2), inserted “or attempts or conspires to do such an act,” before “shall be fined”

    3. Substituted · 42 U.S.C. § 2284(b)

      Pub. L. 107–56, §§ 810(f)(1), (3), 811(h)(2), 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.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–56, §§ 810(f)(1), (3), 811(h)(2), struck out “or attempts to cause” before “an interruption 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.”

  7. Energy Policy Act of 2005

    Pub. L. 109–58 § 655(b) · 119 Stat. 594

    Substituted · 42 U.S.C. § 2284(a)

    Pub. L. 109–58, § 655(b), substituted “knowingly” for “intentionally and willfully” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–58, § 655(b), substituted “knowingly” for “intentionally and willfully” in introductory provisions.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended by striking “intentionally and willfully” each place it appears and inserting “knowingly”.

  8. Energy Policy Act of 2005

    Pub. L. 109–58 § 655(a) · 119 Stat. 594

    1. Substituted · 42 U.S.C. § 2284(a)

      Pub. L. 109–58, § 655(a), substituted “treatment, storage, or disposal facility” for “storage facility” in par. (4)

    2. Substituted · 42 U.S.C. § 2284(a)

      Pub. L. 109–58, § 655(a), substituted “a utilization facility licensed under this chapter” for “such a utilization facility” in par. (4)

    3. Substituted · 42 U.S.C. § 2284(a)

      Pub. L. 109–58, § 655(a), substituted “, uranium conversion, or nuclear fuel fabrication facility licensed or certified” for “facility licensed” in par. (4)

    4. Added · 42 U.S.C. § 2284(a)

      Pub. L. 109–58, § 655(a), added pars. (5) to (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–58, § 655(a), substituted “treatment, storage, 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 facility licensed or certified” for “facility licensed” in par. (4) and added pars. (5) to (7).

    Enacted provision · exact public law section
    (a) In General.— Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended— (1) in paragraph (2), by striking “storage facility” and inserting “treatment, storage, or disposal facility”; (2) in paragraph (3)— (A) by striking “such a utilization facility” and inserting “a utilization facility licensed under this Act”; and (B) by striking “or” at the end; (3) in paragraph (4)— (A) by striking “facility licensed” and inserting “, uranium conversion, or nuclear fuel fabrication facility licensed or certified”; and (B) by striking the comma at the end and inserting a semicolon; and (4) by inserting after paragraph (4) the following: “(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, uranium conversion, or nuclear fuel fabrication facility subject to licensing or certification under this Act during construction 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 preparedness alert and warning system is activated; or “(7) any radioactive material or other property subject to regulation by the Commission that, before the date of the offense, the Commission determines, by order or regulation published in the Federal Register, is of significance to the public health and safety or to common defense and security;” .

  9. Energy Policy Act of 2005

    Pub. L. 109–58 § 655(b) · 119 Stat. 594

    Substituted · 42 U.S.C. § 2284(b)

    Pub. L. 109–58, § 655(b), substituted “knowingly” for “intentionally and willfully”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–58, § 655(b), substituted “knowingly” for “intentionally and willfully”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended by striking “intentionally and willfully” each place it appears and inserting “knowingly”.

11 of 17 references resolved to an enrolled provision · 6 partial

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 complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

Amendments1983–2005 · 4 rounds

2005

Subsec. (a). Pub. L. 109–58, § 655(b), substituted “knowingly” for “intentionally and willfully” in introductory provisions.

Pub. L. 109–58, § 655(a), substituted “treatment, storage, 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 facility 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 destroy or cause physical damage to” before “—”, and in concluding provisions, 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.”

Subsec. (a)(4). Pub. L. 107–56, § 811(h)(1)(B), substituted 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 interruption 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 subsec. (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).

Credits

1946–2005 · 6 acts
  1. 1946Aug. 1, 1946, ch. 724, title I, § 236, as added Pub. L. 96–295, title II, § 204(a), , 94 Stat. 787
  2. 1983amended Pub. L. 97–415, § 16, , 96 Stat. 2076
  3. 1990Pub. L. 101–575, § 5(d), , 104 Stat. 2835
  4. 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944
  5. 2001amended Pub. L. 107–56, title VIII, §§ 810(f), 811(h), , 115 Stat. 380, 381
  6. 2005Pub. L. 109–58, title VI, § 655, , 119 Stat. 813.
Show as published

(Aug. 1, 1946, ch. 724, title I, § 236, as added Pub. L. 96–295, title II, § 204(a), , 94 Stat. 787; amended Pub. L. 97–415, § 16, , 96 Stat. 2076; Pub. L. 101–575, § 5(d), , 104 Stat. 2835; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944; amended Pub. L. 107–56, title VIII, §§ 810(f), 811(h), , 115 Stat. 380, 381; Pub. L. 109–58, title VI, § 655, , 119 Stat. 813.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s2284