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42 U.S.C. § 2168 — Dissemination of unclassified information

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2168 — Dissemination of unclassified information

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Stable record: federal_law:legal_authorities:record_usc_7f8ab5041194c7a279ed1ac0
Source file: Laws/federal/codes/united-states-code/title-42/section-2168-dissemination-of-unclassified-information--a83e251592.md
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Source location: Title 42, Chapter 23, § 2168; chapter-023-development-and-control-of-atomic-energy.md

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**(a) Dissemination prohibited; rules and regulations; determinations of Secretary prerequisite to issuance of prohibiting regulations or orders; criteria** (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2162&num=0&edition=prelim). (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) Civil penalties** (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282&num=0&edition=prelim), 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) Criminal penalties** For the purposes of [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2273&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201/b&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/a/4/B&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2162 — Classification and declassification of Restricted Data

**(a) Periodic determination** The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be declassified and removed from the category of Restricted Data. **(b) Continuous review** The Commission shall maintain a continuous review of Restricted Data and of any Classification Guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security. **(c) Joint determination on atomic weapons; Presidential determination on disagreement** In the case of Restricted Data which the Commission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the Commission and the Department of Defense jointly, and if the Commission and the Department of Defense do not agree, the determination shall be made by the President. **(d) Removal from Restricted Data category** (1) The Commission shall remove from the Restricted Data category such data as the Commission and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the Commission and Department of Defense jointly determine can be adequately safeguarded as defense information: Provided, however, That no such data so removed from the Restricted Data category shall be transmitted or ot

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2162

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2282 — Civil penalties

**(a) Violations of licensing requirements** Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, (2) violates any provision of [section 2077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077&num=0&edition=prelim), or (3) commits any violation for which a license may be revoked under [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. 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. **(b) Notice** Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2282

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2273 — Violation of sections

**(a) Generally** Whoever willfully violates, attempts to violate, or conspires to violate, any provision of this chapter for which no criminal penalty is specifically provided or of any regulation or order prescribed or issued under section 2095 or 2201(b), (i), or (o) of this title 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. **(b) Construction or supply of components for utilization facilities; impairment of basic components; “basic component” defined; posting at construction sites of utilization facilities and on premises of component fabrication plants** Any individual director, officer, or employee of a firm constructing, or supplying the components of any utilization facility required to be licensed under section 2133 or 2134(b) of this title who by act or omission, in connection with such construction or supply, knowingly and willfully violates or causes to be violated, any section of this chapter, any rule, regulation, or order issued thereunder, or any license condition, which violation results, or if undetected could have resulted, in a significant impairment of a basic component of such a facility shall, upon conviction, be subject to a fine of not more than $25,000 for each day of violation, or to imprisonment not to exceed two years, or both. If the conviction is for a violation committed after a first conviction under this subsection, punishment shall be a fine of not more than $50,000 p

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2273

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2231 — Applicability of administrative procedure provisions; definitions

**(a) In general** The provisions of subchapter II of chapter 5, and chapter 7, of title 5 shall apply to all agency action taken under this chapter, and the terms “agency” and “agency action” shall have the meaning specified in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim): Provided, however, That in the case of agency proceedings or actions which involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of [section 2167 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2167&num=0&edition=prelim) or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim), the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim) to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim) were not involved. **(b) Efficient licensing reviews** The Commission shall provide for efficient and timely reviews and proceedings for the granting, suspen

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2231

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2168 — Dissemination of unclassified information

Page 5475 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2168 Nothing in this chapter shall authorize the Com- mission to prohibit the public disclosure of in- formation pertaining to the routes and quan- tities of shipments of source material, by-prod- uct material, high level nuclear waste, or irradi- ated nuclear reactor fuel. Any person, whether or not a licensee of the Commission, who vio- lates any regulation adopted under this section shall be subject to the civil monetary penalties of section 2282 of this title. Nothing in this sec- tion shall be construed to authorize the with- holding of information from the duly authorized committees of the Congress. (b) Regulations or orders issued under this sec- tion and section 2201(b) of this title for pur- poses of section 2273 of this title 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) Judicial review Any determination by the Commission con- cerning the applicability of this section shall be subject to judicial review pursuant to subsection (a)(4)(B) of section 552 of title 5. (d) Reports to Congress; contents 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 infor- mation the Commission intends to protect from disclosure under the regulation or order; (2) specifically states the Commission’s jus- tification 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 signifi- cant adverse effe

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2168

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