United States Nuclear Regulatory Commission - Protecting People and the Environment

Information Notice No. 81-22: Section 235 and 236 Amendments to the Atomic Energy Act of 1954

                                                             SSINS No: 3270 
                                                             Accession No.: 
                                                             8102200412    
                                                             IN 81-22      

                                UNITED STATES
                        NUCLEAR REGULATORY COMMISSION
                    OFFICE OF INSPECTION AND ENFORCEMENT
                           WASHINGTON, D.C. 20555
                                     
                                July 31, 1981

Information Notice No. 81-22:   SECTION 235 AND 236 AMENDMENTS TO THE 
                                   ATOMIC ENERGY ACT OF 1954 

This notice provides information on recent amendments to Chapter 18 of the 
Atomic Energy Act of 1954 that should be brought to the attention of all 
persons involved in NRC licensed activities: 

     "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." 

     "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 
                    under any other Federal law governing the safety of 
                    utilization facilities required to be licensed under 
                    section 103 or 104b., 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 duties. 
.

                                                              IN 81-22     
                                                              July 31, 1981 
                                                              Page 2 of 2  

          "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...." 

     Section 111 of Title 18 USC sets punishment as follows: 

          ..."Whoever, in the commission of any such acts uses a deadly or 
          dangerous weapon, shall be fined not more than $10,000 or 
          imprisoned not more than ten years, or both." 

     Section 1111 of Title 18 USC sets punishment as follows: 

          ..."Whoever is guilty of murder in the fist degree, shall suffer 
          death unless the jury qualifies its verdict by adding thereto 
          "without capital punishment", in which event he shall be sentenced
          to imprisonment for life; 

          "Whoever is guilty of murder in the second degree shall be 
          imprisoned for any term of years or for life." 

     Section 1112 of Title 18 USC sets punishment as follows: 

          ... "Whoever is guilty of voluntary manslaughter, shall be 
          imprisoned not more than ten years; 

          "Whoever is guilty of involuntary manslaughter, shall be fined not
          more than $1,000 or imprisoned not more than three years, or 
          both." 

Known or suspected violations of Sections 235 and 236 should be reported to 
the NRC and FBI. 

No written response to this information notice is required. If you need 
additional information regarding this matter, please contact the Director of
the appropriate Regional Office. 

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