§ 2168. Dissemination of unclassified information

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 97–90 title II § 210(a)(1) · 95 Stat. 1163

   Enacted · 42 U.S.C. § 2168

   Aug. 1, 1946, ch. 724, title I, § 148, as added Pub. L. 97–90, title II, § 210(a)(1), Dec. 4, 1981, 95 Stat. 1169

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 148, as added Pub. L. 97–90, title II, § 210(a)(1), Dec. 4, 1981, 95 Stat. 1169

   Enacted provision · exact public law section
   (1) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by inserting after section 147 the following new section: “a. (1) In addition to any other authority or requirement regarding Regulations. protection from dissemination of information, and subject to section 552(b)(3) of title 5, United States Code, the Secretary of Energy (hereinafter in this section referred to as the ‘Secretary’) 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 142. 42 USC 2162. “(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 subsection a. (1)— “(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) 42 USC 2282. The provisions of subsections b. and c. of section 234 of this Act 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. 42 USC 2273. For the purposes of section 223 of this Act, any regulation prescribed or order issued by the Secretary under this section shall also be deemed to be prescribed or issued under section 161 b, of this 42 USC 2201. Act.”.

2. 1983

   Pub. L. 97–415 § 17(a) · 96 Stat. 2067

   Inserted · 42 U.S.C. § 2168(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’)”

   Source evidence

   Code amendment note
   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’)”.

   Enacted provision · exact public law section
   (a) Section 148 a. (1) of the Atomic Energy Act of 1954 (42 95 Stat. 1169. U.S.C. 2168(a)(1)) is amended by inserting after “ ‘Secretary’)” the following: “, with respect to atomic energy defense programs,”.

3. 1983

   Pub. L. 97–415 § 17(b) · 96 Stat. 2067

   Added · 42 U.S.C. § 2168(d); 42 U.S.C. § 2168(e)

   Pub. L. 97–415, § 17(b), added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 97–415, § 17(b), added subsecs. (d) and (e).

   Enacted provision · exact public law section
   (b) Section 148 of the Atomic Energy Act of 1954 (42 U.S.C. 2168) is amended by adding at the end thereof the following new subsections: “d. Judicial review. 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, United States Code. “e. Quarterly report. The Secretary shall prepare on a quarterly basis a report to be made available upon the request of any interested person, detailing the Secretary’s application during that period of each regulation or order prescribed or issued under this section. In particular, such report shall— “(1) identify any information protected from disclosure pursuant to such regulation or order; “(2) specifically state the Secretary’s justification for determining that unauthorized dissemination of the information protected from disclosure under such 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 illegal production of nuclear weapons, or theft, diversion, or sabotage of nuclear materials, equipment, or facilities, as specified under subsection a.; and “(3) provide justification that the Secretary has applied such regulation or order so as to protect from disclosure only the minimum amount of information necessary to protect the health and safety of the public or the common defense and security.”.

4. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. C title XXXI § 3134(c) · 126 Stat. 1632

   Struck · 42 U.S.C. § 2168(e)

   Pub. L. 112–239 struck out subsec. (e), which related to quarterly reports for interested persons

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 112–239 struck out subsec. (e), which related to quarterly reports for interested persons.

   Enacted provision · exact public law section
   (c) Unclassified Controlled Nuclear Information Quarterly Report.— Section 148 of the Atomic Energy Act of 1954 (42 U.S.C. 2168) is amended by striking subsection e.

4 of 4 references resolved to an enrolled provision