Communica tion of re- Receipt of re- Tampering with restricted "SEC. 224. COMMUNICATION OF RESTRICTED DATA.-Whoever, lawfully or unlawfully, having possession of, access to, control over, or being entrusted with any document, writing, sketch, photograph, plan, model, instrument, appliance, note, or information involving or incorporating Restricted Data "a. communicates, transmits, or discloses the same to any individual or person, or attempts or conspires to do any of the foregoing, with intent to injure the United States or with intent to secure an advantage to any foreign nation, upon conviction thereof, shall be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both; 80 "b. communicates, transmits, or discloses the same to any individual or person, or attempts or conspires to do any of the foregoing, with reason to believe such data will be utilized to injure the United States or to secure an advantage to any foreign nation, shall, upon conviction, be punished by a fine of not more than $10,000 or imprisonment for not more than ten years, or both. "SEC. 225. RECEIPT OF RESTRICTED DATA.-Whoever, with intent to injure the United States or with intent to secure an advantage to any foreign nation, acquires, or attempts or conspires to acquire any document, writing, sketch, photograph, plan, model, instrument, appliance, note, or information involving or incorporating Restricted Data shall, upon conviction thereof, be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both. "SEC. 226. TAMPERING WITH RESTRICTED DATA.-Whoever, with intent to injure the United States or with intent to secure an advantage to any foreign nation, removes, conceals, tampers with, alters, mutilates, or destroys any document, writing, sketch, photograph, plan, model, instrument, appliance, or note involving or incorporating Restricted Data and used by any individual or person in connection with the production of special nuclear material, or research or development relating to atomic energy, conducted by the United States, or financed in whole or in part by Federal funds, or conducted with the aid of special nuclear material, shall be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both. 81 80 See p. 93 for text of footnote. 81 Public Law 91-161 (83 Stat. 444) (1969). sec. 3(b), amended secs. 224a, 225, and 226 by substituting in each section, the words "imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both" in lieu of "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". Sec. 7 of the amendment provided that the amendment apply only to offenses committed on or after December 24, 1969. 42 U.S.C. "SEC. 227. DISCLOSURE OF RESTRICTED DATA.—Whoever, Disclosure of being or having been an employee or member of the Com- restricted data. mission, a member of the Armed Forces, an employee of sec. 2277. any agency of the United States, or being or having been a contractor of the Commission or of an agency of the United States, or being or having been an employee of a contractor of the Commission or of an agency of the United States, or being or having been a licensee of the Commission, or being or having been an employee of a licensee of the Commission, knowingly communicates, or whoever conspires to communicate or to receive, any Restricted Data, knowing or having reason to believe that such data is Restricted Data, to any person not authorized to receive Restricted Data pursuant to the provisions of this Act or under rule or regulation of the Commission issued pursuant thereto, knowing or having reason to believe such person is not so authorized to receive Restricted Data shall, upon conviction thereof, be punishable by a fine of not more than $2,500. Statute of limitations. 42 U.S.C. sec. 2278. "SEC. 228. STATUTE OF LIMITATIONS.-Except for a capital offense, no individual or person shall be prosecuted, tried, or punished for any offense prescribed or defined in sections 224 to 226, inclusive, of this Act, unless the indictment is found or the information is instituted within ten years next after such offense shall have been committed. "SEC. 229. TRESPASS UPON COMMISSION INSTALLA- Trepass on TIONS. 82 Commission installations. 42 U.S.C. "a. The Commission is authorized to issue regula- sec. 2278a. tions relating to the entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation, or real property subject to the jurisdiction, administration, or in the custody of the Commission. Every such regulation of the Commission shall be posted conspicuously at the location involved. "b. Whoever shall willfully violate any regulation of the Commission issued pursuant to subsection a. shall, upon conviction thereof, be punishable by a fine of not more than $1,000. "c. Whoever shall willfully violate any regulation of the Commission issued pursuant to subsection a. with respect to any installation or other property which is enclosed by a fence, wall, floor, roof, or other structural barrier shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed $5,000 or to imprisonment for not more than one year, or both. 82 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new sec. 229. Photographing of Commission installations. 42 U.S.C. sec. 2278b. Other laws. 42 U.S.C. sec. 2279. Injunction proceedings. 42 U.S.C. sec. 2280. Contempt proceedings. 42 U.S.C. sec. 2281. "SEC. 230. PHOTOGRAPHING, ETC., OF COMMISSION INSTALLATIONS.83-It shall be an offense, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both "(1) to make any photograph, sketch, picture, drawing, map or graphical representation, while present on property subject to the jurisdiction, administration or in the custody of the Commission, of any installations or equipment designated by the President as requiring protection against the general dissemination of information relative thereto, in the interest of the common defense and security, without first obtaining the permission of the Commission, and promptly submitting the product obtained to the Commission for inspection or such other action as may be deemed necessary; or "(2) to use or permit the use of an aircraft or any contrivance used, or designed for navigation or flight in air, for the purpose of making a photograph, sketch, picture, drawing, map or graphical representation of any installation or equipment designated by the President as provided in the preceding paragraph, unless authorized by the Commission. "SEC. 231. OTHER LAWS. 84-Sections 224 to 230 shall not exclude the applicable provisions of any other laws. "SEC. 232.9 INJUNCTION PROCEEDINGS.-Whenever in the judgment of the Commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act, or any regulation or order issued thereunder. the Attorney General on behalf of the United States may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the Commission that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. "SEC. 233.85 CONTEMPT PROCEEDINGS.-In case of failure or refusal to obey a subpena served upon any person pursuant to subsection 161 c., the district court for any district in which such person is found or resides or transacts business, upon application by the Attorney General on behalf of the United States, shall have jurisdiction to issue an order requiring such person to appear and give 83 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new sec. 230. Public Law 84-1006 (70 Stat. 1069) (1956). sec. 7. amended former sec. 229 and redesignated it as sec. 231. Before amendment, sec. 229 read "SEC. 229. OTHER LAWS.-Sections 224 to 228 shall not exclude the applicable provisions of any other laws." Public Law 84-1006 (70 Stat. 1069) (1956). sec. 6, renumbered former secs. 230 and 231 to secs. 232 and 233, respectively. testimony or to appear and produce documents, or both, in accordance with the subpena; and any failure to obey such order of the court may be punished by such court as a contempt thereof. "SEC. 234. 86 CIVIL MONETARY PENALTIES FOR VIOLA- Civil penalties. TIONS OF LICENSING REQUIREMENTS.— "a. Any person who (1) violates any licensing provision 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 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. 42 U.S.C. 42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2137, 2139, 2236. 2133, 2134, 42 U.S.C. notification. "b. Whenever the Commission has reason to believe 83 Stat. 445. that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall Written 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. Public Law 91-161 (83 Stat. 444) (1969), sec. 4, added sec. 234. Transfer of Report to Congress. 42 U.S.C. sec. 2016. 42 U.SC. sec. 2017. "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. 87 "SEC. 251. REPORT TO CONGRESS.-The Commission shall submit to the Congress, in January 88 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.- 89 "a. No appropriation 90 shall be made to the Commission, nor shall the Commission waive charges for the use 87 See appendix B, sec. 9(a). 88 Public Law 86-43 (73 Stat. 73) (1959), amended sec. 251 by deleting the words "and July" after the word “January”. 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 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 serv ices, and the undertaking of research and development without full reimbursement, the waiver of charges accompanying such arrange ment, 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.) 0 Excerpts from legislation appropriating funds to the Atomic Energy Commission are set forth in appendix E. |