Page:United States Statutes at Large Volume 60 Part 1.djvu/794

This page needs to be proofread.


79TH CONG., 2D SESS.-CH. 724 -AUG. 1, 1946 conspires to acquire any document, writing, sketch, photograph, plan, model, instrument, appliance, note or information involving or incor- porating restricted data shall, upon conviction thereof, be punished Penalty. by death or imprisonment for life (but the penalty of death or impris- onment for life may be imposed only upon recommendation of the jury and only in cases where the offense was committed with intent to injure the United States); or by a fine of not more than $20,000 or imprisonment for not more than twenty years, or both. (4) Whoever, with intent to injure the United States or with intent Removal, etc. 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 involv- ing or incorporating restricted data and used by any individual or person in connection with the production of fissionable 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 fissionable material, shall be punished by Penalty. death or imprisonment for life (but the penalty of death or imprison- ment for life may be imposed only upon recommendation of the jury and only in cases where the offense was committed with intent to injure the United States); or by a fine of not more than $20,000 or imprisonment for not more than twenty years or both. (5) (A) No person shall be prosecuted for any violation under this roecuton section unless and until the Attorney General of the United States has advised the Commission with respect to such prosecution and no such prosecution shall be commenced except upon the express direction of the Attorney General of the United States. (B) (i) No arrangement shall be made under section 3, no contract ignated ton shall be made or continued in effect under section 4, and no license FBI, etc. shall be issued under section 4 (e) or 7, unless the person with whom such arrangement is made, the contractor or prospective contractor, or the prospective licensee agrees in writing not to permit any indi- vidual to have access to restricted data until the Federal Bureau of Investigation shall have made an investigation and report to the Com- mission on the character, associations, and loyalty of such individual and the Commission shall have determined that permitting such person to have access to restricted data will not endanger the common defense or security. (ii) Except as authorized by the Commission in case of emergency, no individual shall be employed by the Commission until the Federal Bureau of Investigation shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual. (iii) Notwithstanding the provisions of subparagraphs (i) and emponS, pre (ii), during such period of time after the enactment of this Act as may be necessary to make the investigation, report, and determination required by such paragraphs, (a) any individual who was permitted access to restricted data by the Manhattan Engineer District may be permitted access to restricted data and (b) the Commission may employ any individual who was employed by the Manhattan Engineer District. (iv) To protect against the unlawful dissemination of restricted servif overn 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. (C) All violations of this Act shall be investigated by the Federal Violation Bureau of Investigation of the Department of Justice. dides- sby ously iment 60 STAT.] 767