§2167 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commission must make rules or issue orders, after public notice and a chance to comment and under subsection (b)(3) of section 552 of title 5, to stop unauthorized release of safeguards information that identifies a licensee’s or applicant’s detailed safety and security plans. That protection covers things like control and accounting procedures and security for special nuclear material, security for source or byproduct material, and security measures and locations of plant equipment that are vital to safety. The rules must use the smallest restrictions needed and only apply when releasing the information could reasonably be expected to greatly raise the chance of theft, diversion, or sabotage and harm public health or the nation’s defense. Rules or orders made under this requirement are also treated as issued under section 2201(b) for the purposes of section 2273. The Commission’s decisions about applying this rule can be reviewed by a court under subsection (a)(4)(B) of section 552. When the Commission issues such a rule or order, it must report to Congress saying exactly what information will be protected, why disclosure would likely cause the harms above, and why the rule uses only the minimum restrictions, including any alternative approaches considered.

Title 42, §2167

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In addition to any other authority or requirement regarding protection from disclosure of information, and subject to subsection (b)(3) of section 552 of title 5, the Commission shall prescribe such regulations, after notice and opportunity for public comment, or issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information which specifically identifies a licensee’s or applicant’s detailed—

(1)control and accounting procedures or security measures (including security plans, procedures, and equipment) for the physical protection of special nuclear material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security;

(2)security measures (including security plans, procedures, and equipment) for the physical protection of source material or byproduct material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security; or

(3)security measures (including security plans, procedures, and equipment) for the physical protection of and the location of certain plant equipment vital to the safety of production or utilization facilities involving nuclear materials covered by paragraphs (1) and (2) 11 So in original. Probably should be followed by a semicolon.

(A)so as to apply the minimum restrictions needed to protect the health and safety of the public or the common defense and security, and

(B)upon a determination that the unauthorized disclosure of such information could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, diversion, or sabotage of such material or such facility.

(b)For the purposes of section 2273 of this title, any regulations or orders prescribed or issued by the Commission under this section shall also be deemed to be prescribed or issued under section 2201(b) of this title.

(c)Any determination by the Commission concerning the applicability of this section shall be subject to judicial review pursuant to subsection (a)(4)(B) of section 552 of title 5.

(d)Upon prescribing or issuing any regulation or order under subsection (a) of this section, the Commission shall submit to Congress a report that:

(1)specifically identifies the type of information the Commission intends to protect from disclosure under the regulation or order;

(2)specifically states the Commission’s justification for determining that unauthorized disclosure of the information to be protected from disclosure under the regulation or order could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, diversion, or sabotage of such material or such facility, as specified under subsection (a) of this section; and

(3)provides justification, including proposed alternative regulations or orders, that the regulation or order applies only the minimum restrictions needed to protect the health and safety of the public or the common defense and security.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables. Codification Subsection (e) of this section, which required the Commission to submit to Congress on a quarterly basis a report detailing the Commission’s application during that period of every regulation or order prescribed or issued under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 7 on page 186 of House Document No. 103–7.

§2167 Safeguards information