"CHAPTER 18. ENFORCEMENT General provisions. sec. 2271. "SEC. 221. GENERAL PROVISIONS."a. To protect against the unlawful dissemination of 12 U.S.C. estricted Data and to safeguard facilities, equipment, aterials, and other property of the Commission, the resident shall have authority to utilize the services of ny Government agency to the extent he may deem necesary or desirable. "b. The Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this Act. sections. "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.163 "SEC. 222. VIOLATION OF SPECIFIC SECTIONS.-Whoever Violation 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 164 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.165 "SEC. 223. VIOLATION OF SECTIONS GENERALLY.-Whoever willfully violates, attempts to violate, or conspires to violate, any provision of this Act for which no crimi 163 Public Law 91-161 (83 Stat. 444) (1969), sec. 5, amended sec. 221 by adding the second proviso. 164 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 165 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. of specific 42 U.S.C. sec. 2272. Violation of sections 42 U.S.C. generally. sec. 2273. Communication of restricted data. 42 U.S.C. sec. 2274. Receipt of re- Tampering with restricted nal 166 penalty is specifically provided or of any regula tion or order prescribed or issued under section 65 or subsections 161 b., i., or 0.167 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. "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; 168 "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.168 "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, 166 Public Law 91-161 (83 Stat. 444) (1969), sec. 6, amended sec. 223 by adding the word "criminal" before the word "penalty". 167 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.' 108 See p. 125 for text of footnote. odel, instrument, appliance, or note involving or incor›rating Restricted Data and used by any individual or erson in connection with the production of special nuear material, or research or development relating to tomic energy, conducted by the United States, or fianced in whole or in part by Federal funds, or conlucted 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.169 Bec. 2277. "SEC. 227. DISCLOSURE OF RESTRICTED DATA.-Whoever, Disclosure of being or having been an employee or member of the Com- 42 U.S.C. mission, a member of the Armed Forces, an employee of 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. sec. 2278. "SEC. 228. STATUTE OF LIMITATIONS.-Except for a capital offense, no individual or person shall be prose- 42 U.S.C. cuted, 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.170 "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 169 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. 170 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. property, into or upon any facility, installation, or stu real property subject to the jurisdiction, adminis tration, 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 & 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.171-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.172-Sections 224 to 230 shall not exclude the applicable provisions of any other laws. "SEC. 232.173 INJUNCTION PROCEEDINGS.-Whenever in the judgment of the Commission any person has engaged or is about to engage in any acts or practices which con 171 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new sec. 230. 172 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." itute or will constitute a violation of any provision of is Act, or any regulation or order issued thereunder, e Attorney General on behalf of the United States may ake application to the appropriate court for an order njoining such acts or practices, or for an order enforcing ompliance with such provision, and upon a showing by he Commission that such person has engaged or is about o engage in any such acts or practices, a permanent or cemporary injunction, restraining order, or other order may be granted. sec. 2281. "SEC. 233.173 CONTEMPT PROCEEDINGS.-In case of fail- Contempt proceedings. ure or refusal to obey a subpena served upon any person 42 U.S.C. 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. "SEC. 234.1 174 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, 2112, 2131, 2137, 2139, 2238. 2093, 2111, 2133, 2134, 2.8.C. "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 173 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, renumbered former secs. 230 and 231 to secs. 232 and 233, respectively. 174 Public Law 91-161 (83 Stat. 444) (1969), sec. 4, added sec. 234. |