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"CHAPTER 18. ENFORCEMENT

General provisions.

sec. 2271.

"SEC. 221. GENERAL PROVISIONS."a. To protect against the unlawful dissemination of 12 U.S.C. Restricted Data and to safeguard facilities, equipment, materials, and other property of the Commission, the President shall have authority to utilize the services of any Government agency to the extent he may deem necessary or desirable.

"b. The Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this Act.

"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.170

Violation

of specifle 42 U.S.C. sec. 2272.

sections.

"SEC. 222. VIOLATION OF SPECIFIC SECTIONS.-Whoever willfully violates, attempts to violate, or conspires to violate, any provision of sections 57, 92, or 101, or whoever unlawful interferes, attempts to interfere, or conspires to interfere with any recapture or entry under section 108, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than ten 171 years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation 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.1 172 "SEC. 223. VIOLATION OF SECTIONS GENERALLY.—8. Whoever 173 willfully violates, attempts to violate, or conspires to violate, any provision of this Act for which no 42 U.S.C.

170 Public Law 91-161 (83 Stat. 444) (1969), sec. 5, amended sec. 221 by adding the second proviso.

171 Public Law 91-161 (83 Stat. 444) (1969), sec. 2, amended sec. 222 by substituting the word "ten" for the word "five". Sec. 7 provided that the amendment apply only to offenses committed on or after December 24, 1969

173 Public Law 91-161 (83 Stat. 444) (1969), sec. 3(a), amended sec. 222 by substituting 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 by imprisonment for not more than 20 years, or both". Sec. 7 provided that the amendment apply only to offenses committed on or after December 24, 1969.

173 Public Law 96-295 (94 Stat. 786) (1980), sec. 203, designated the existing paragraph as subsec. "a."

Violation of sections generally.

sec. 2273.

"Basic

component."

42 USC 2133, 2134.

Communica-
tion of re-
stricted data.
42 U.S.C.
Bec. 2274.

criminal 174 penalty is specifically provided or of any regulation or order prescribed or issued under section 65 or subsections 161 b., i., or 0,175 shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall, upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both.

"b. Any individual director, officer, or employee of a firm constructing, or supplying the components of any utilization facility required to be licensed under section 103 or 104 b. of this Act who by act or omission, in connection with such construction or supply, knowingly and willfully violates or causes to be violated, any section of this Act, any rule, regulation, or order issued thereunder, or any license condition, which violation results, or if undetected could have resulted, in a significant impairment of a basic component of such a facility shall, upon conviction, be subject to a fine of not more than $25,000 for each day of violation, or to imprisonment not to exceed two years, or both. If the conviction is for a violation committed after a first conviction under this subsection, punishment shall be a fine of not more than $50,000 per day of violation, or imprisonment for not more than two years, or both. For the purposes of this subsection, the term 'basic component' means a facility structure, system, component or part thereof necessary to

assure

"(1) the integrity of the reactor coolant pressure boundary,

"(2) the capability to shut-down the facility and maintain it in a safe shut-down condition, or

"(3) the capability to prevent or mitigate the consequences of accidents which could result in an unplanned offsite release of quantities of fission products in excess of the limits established by the Commission.

The provisions of this subsection shall be prominently posted at each site where a utilization facility required to be licensed under section 103 or 104 b. of this Act is under construction and on the premises of each plant where components for such a facility are fabricated." 178 "SEC. 224. COMMUNICATION OF RESTRICTED DATA. Whoever, lawfully or unlawfully, having possession of, access to, control over, or being entrusted with any docu

174 Public Law 91-161 (83 Stat. 444) (1969), sec. 6, amended sec. 223 by adding the word "criminal" before the word "penalty".

175 Public Law 90-190 (81 Stat. 575) (1967), sec. 12, amended sec. 223 by striking out the letter "p." appearing after the word "or", and inserting in lieu thereof the letter "o."

176 Public Law 96-295 (94 Stat. 786) (1980), sec. 203 added a new subsec. b.

ment, 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;

• 177

"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.

168

Receipt of re

stricted data.

42 U.S.C.

sec. 2275.

data.

42 U.S.C.

sec. 2276.

"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.1 "SEC. 226. TAMPERING WITH RESTRICTED DATA.-Who- Tampering with restricted ever, 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 178

"SEC. 227. DISCLOSURE OF RESTRICTED DATA.-Whoever, being or having been an employee or member of the Commission, a member of the Armed Forces, an employee of any agency of the United States, or being or having been

177 See p. 125 for text of footnote.

178 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.

etcted data. 42 U.S.C.

Disclosure of

sec. 2277.

Statute of limitations. 42 U.S.C. sec. 2278.

Trepass on
Commission
installations.
42 U.S.C.
sec. 2278a.

Photographing of Commission installations. 42 U.S.C.

sec. 2278b.

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.

"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 INSTALLATIONS.

179

"a. The Commission is authorized to issue regulations 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. "SEC. 230. PHOTOGRAPHING, ETC., OF COMMISSION INSTALLATIONS.180-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

17 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new sec. 229.

180 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new sec. 230.

"(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

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(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.

42 U.S.C.

42 U.S.C.

"SEC. 231. OTHER LAWS.181. Sections 224 to 230 shall Other laws. not exclude the applicable provisions of any other laws. sec. 2279. "SEC. 232.182-INJUNCTION PROCEEDINGS.-Whenever in Injunction the judgment of the Commission any person has engaged proceedings. or is about to engage in any acts or practices which con- sec. 2280. stitute 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. 2281.

"SEC. 233.182 CONTEMPT PROCEEDINGS.-In case of fail- Contempt ure or refusal to obey a subpena served upon any person 12 U.S.C. proceedings. 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 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.

181 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."

182 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, renumbered former secs. 230 and 231 to secs. 232 and 233, respectively.

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