"b. The Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this Act. (Continued) "b. The members of the Joint Committee who are Members of the Senate and the members of the Joint Committee who are Members of the House of Representatives shall, on or before June 30 of each year, report to their respective Houses on the development, use, and control of nuclear energy for the common defense and security and for peaceful purposes. Each report shall provide facts and information available to the Joint Committee concerning nuclear energy which will assist the appropriate committees of the Congress and individual members in the exercise of informed judgment on matters of weaponry; foreign policy; defense; international trade; and in respect to the expenditure and appropriation of Government revenues. Each report shall be presented formally under circumstances which provide for clarification and discussion by the Senate and the House of Representatives. In recognition of the need for public understanding, presentations of the reports shall be made to the maximum extent possible in open session and by means of unclassified written materials. "SEC. 203. CHAIRMAN.-Vacancies in the membership of the Joint Committee shall not affect the power of the remaining members to execute the functions of the Joint Committee, and shall be filled in the same manner as in the case of the original selection. The Joint Committee shall select a Chairman and a Vice Chairman from among its members at the beginning of each Congress. The Vice Chairman shall act in the place and stead of the Chairman in the absence of the Chairman. The Chairmanship shall alternate between the Senate and the House of Representatives with each Congress, and the Chairman shall be selected by the Members from that House entitled to the Chairmanship. The Vice Chairman shall be chosen from the House other than that of the Chairman by the Members from that House. "SEC. 204. POWERS.-In carrying out its duties under this Act, the Joint Committee, or any duly authorized, subcommittee thereof, is authorized to hold such hearings or investigations, to sit and act at such places and times, to require, by subpena or otherwise, the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable. The Joint Committee may make such rules respecting its organization and procedures as it deems necessary: Provided, however, That no measure or recommendation shall be reported from the Joint Committee unless a majority of the committee assent. Subpenas may be issued over the signature of the Chairman of the Joint Committee or by any member designated by him or by the Joint Committee, and may be served by such person or persons as may be designated by such Chairman or member. The Chairman of the Joint Commitee or any member thereof may administer oaths to witnesses. The Joint Committee may use a committee seal. The provisions of sections 102 to 104, inclusive, of the Revised Statutes, as amended, shall apply in case of any failure of any witness to comply with a subpena or to testify when summoned under authority of this section. The expenses of the Joint Commitee shall be paid from the contingent fund of the Senate from funds appropriated for the Joint Committee upon vouchers approved by the Chairman. The cost of stenographic service to report pubile hearings shall not be in excess of the amounts prescribed by law for reporting the hearings of standing committees of the Senate. The cost of stenographic service to report executive hearings shall be fixed at an equitable rate by the Joint Commitee. Members of the Joint Committee, and its employees and consultants, while traveling on official business for the Joint Committee, may receive either the per diem allowance authorized to be paid to Members of Congress or its employees, or their actual and necessary expenses provided an itemized statement of such expenses is attached to the voucher. "SEC. 205. STAFF AND ASSISTANCE.-The Joint Committee is empowered to appoint and fix the compensation of such experts, consultants, technicians, and staff employees as it deems necessary and advisable. The Joint Committee is authorized to utilize the services, information, facilities, and personnel of the departments and establishments of the Government. The Joint Committee is authorized to permit such of its members. employees, and consultants as it deems necessary in the interest of common defense and security to carry firearms while in the discharge of their official duties for the committee. "SEC. 206. CLASSIFICATION OF INFORMATION.-The Joint Committee may classify information originating within the committee in accordance with standards used generally by the executive branch for classifying Restricted Data or defense information. "SEC. 207. RECORDS.- The Joint Committee shall keep a complete record of all committee actions, including a record of the votes on any question on which a record vote is demanded. All committee records, data, charts, and files shall be the property of the Joint Committee and shall be kept in the offices of the Joint Committee or other places as the Joint Committee may direct under such security safeguards as the Joint Committee shall determine in the interest of the common defense and security. "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.75 Violation of specific sections. sec. 2272. "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 who- 42 U.S.C. ever 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 76 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."7 "SEC. 223. VIOLATION OF SECTIONS GENERALLY.--Who- Violation ever willfully violates, attempts to violate, or conspires generally. to violate, any provision of this Act for which no crimi- 42 U.S.C nal 78 penalty is specifically provided or of any regulation or order prescribed or issued under section 65 or subsections 161 b., i., or o. 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. 79 Public Law 91-161 (83 Stat. 444) (1969), sec. 5, amended sec. 221 by adding the second proviso. 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. 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. 78 Public Law 91-161 (83 Stat. 444) (1969), sec. 6. amended sec. 223 by adding the word "criminal" before the word "penalty". 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." of sections sec. 2273. Communica tion of re- Receipt of re- Tampering "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 50 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. "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. Statute of 42 U.S.C. Bec. 2278. limitations. вес. "SEC. 229. TRESPASS UPON COMMISSION INSTALLA- Trepass on TIONS. 82 "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. Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new sec. 229. Commission 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 "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. 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. 84 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.' 8 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, renumbered former secs. 230 and 231 to secs. 232 and 233, respectively. |