§2168 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of Energy must make rules and can issue orders, after public notice and a chance to comment, to stop people from improperly sharing certain unclassified information about atomic energy defense programs. That includes things like designs for production or use facilities, security plans and equipment for those facilities or for nuclear materials in them or in transit, and designs or uses of weapon parts that were once taken out of restricted status under section 2162. The Secretary may only block sharing when he finds it could reasonably be expected to cause a significant adverse effect on public health and safety or on the common defense and security by greatly increasing the chance of illegal weapon making or theft, diversion, or sabotage of nuclear material, equipment, or facilities. Any limits must be no more than needed. The Secretary cannot withhold information from the proper Congressional committees. Breaking the rules can lead to a civil fine up to $100,000 per violation (which the Secretary may reduce or cancel), other penalty procedures in section 2282(b)–(c) apply, the rules count as issued under section 2201(b) for related purposes, and the Secretary’s decisions can be reviewed by a court under section 552(a)(4)(B) of title 5.

Title 42, §2168

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

(a)(1)In addition to any other authority or requirement regarding protection from dissemination of information, and subject to section 552(b)(3) of title 5, the Secretary of Energy (hereinafter in this section referred to as the “Secretary”), with respect to atomic energy defense programs, shall prescribe such regulations, after notice and opportunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified information pertaining to—

(A)the design of production facilities or utilization facilities;

(B)security measures (including security plans, procedures, and equipment) for the physical protection of (i) production or utilization facilities, (ii) nuclear material contained in such facilities, or (iii) nuclear material in transit; or

(C)the design, manufacture, or utilization of any atomic weapon or component if the design, manufacture, or utilization of such weapon or component was contained in any information declassified or removed from the Restricted Data category by the Secretary (or the head of the predecessor agency of the Department of Energy) pursuant to section 2162 of this title.

(2)The Secretary may prescribe regulations or issue orders under paragraph (1) to prohibit the dissemination of any information described in such paragraph only if and to the extent that the Secretary determines that the unauthorized dissemination 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 (A) illegal production of nuclear weapons, or (B) theft, diversion, or sabotage of nuclear materials, equipment, or facilities.

(3)In making a determination under paragraph (2), the Secretary may consider what the likelihood of an illegal production, theft, diversion, or sabotage referred to in such paragraph would be if the information proposed to be prohibited from dissemination under this section were at no time available for dissemination.

(4)The Secretary shall exercise his authority under this subsection to prohibit the dissemination of any information described in paragraph (1) of this subsection—

(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 dissemination of such information could reasonably be expected to result in a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of (i) illegal production of nuclear weapons, or (ii) theft, diversion, or sabotage of nuclear materials, equipment, or facilities.

(5)Nothing in this section shall be construed to authorize the Secretary to authorize the withholding of information from the appropriate committees of the Congress.

(b)(1)Any person who violates any regulation or order of the Secretary issued under this section with respect to the unauthorized dissemination of information shall be subject to a civil penalty, to be imposed by the Secretary, of not to exceed $100,000 for each such violation. The Secretary may compromise, mitigate, or remit any penalty imposed under this subsection.

(2)The provisions of subsections (b) and (c) of section 2282 of this title, shall be applicable with respect to the imposition of civil penalties by the Secretary under this section in the same manner that such provisions are applicable to the imposition of civil penalties by the Commission under subsection (a) of such section.

(c)For the purposes of section 2273 of this title, any regulation prescribed or order issued by the Secretary under this section shall also be deemed to be prescribed or issued under section 2201(b) of this title.

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

2013—Subsec. (e). Pub. L. 112–239 struck out subsec. (e), which related to quarterly reports for interested persons. 1983—Subsec. (a)(1). Pub. L. 97–415, § 17(a), inserted “, with respect to atomic energy defense programs,” after “(hereinafter in this section referred to as the ‘Secretary’)”. Subsecs. (d), (e). Pub. L. 97–415, § 17(b), added subsecs. (d) and (e).

§2168 Dissemination of unclassified information

Summary

Title 42, §2168

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata