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 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 reg- ulation or order applies only the minimum re- strictions needed to protect the health and safety of the public or the common defense and security. (Aug. 1, 1946, ch. 724, title I, § 147, as added Pub. L. 96–295, title II, § 207(a)(1), June 30, 1980, 94 Stat. 788; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) 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 clas- sified principally to this chapter. For complete classi- fication 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. § 2168. Dissemination of unclassified information (a) Dissemination prohibited; rules and regula- tions; determinations of Secretary pre- requisite to issuance of prohibiting regula- tions or orders; criteria (1) In addition to any other authority or re- quirement regarding protection from dissemina- tion of information, and subject to section 552(b)(3) of title 5, the Secretary of Energy (here- inafter in this section referred to as the ‘‘Sec- retary’’), 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 nec- essary to prohibit the unauthorized dissemina- tion of unclassified information pertaining to— (A) the design of production facilities or uti- lization facilities; (B) security measures (including security plans, procedures, and equipment) for the physical protection of (i) production or utiliza- tion 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 de- sign, manufacture, or utilization of such weap- on or component was contained in any infor- mation declassified or removed from the Re- stricted Data category by the Secretary (or the head of the predecessor agency of the De- partment 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 reason- ably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by signifi- cantly increasing the likelihood of (A) illegal production of nuclear weapons, or (B) theft, di- version, or sabotage of nuclear materials, equip- ment, or facilities. (3) In making a determination under para- graph (2), the Secretary may consider what the likelihood of an illegal production, theft, diver- sion, or sabotage referred to in such paragraph would be if the information proposed to be pro- hibited 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 dissemina- tion 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 unauthor- ized dissemination of such information could Page 5476 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2169 reasonably be expected to result in a signifi- cant 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 mate- rials, 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 pen- alty, to be imposed by the Secretary, of not to exceed $100,000 for each such violation. The Sec- retary 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 Commis- sion under subsection (a) of such section. (c) Criminal penalties 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) Judicial review Any determination by the Secretary con- cerning the applicability of this section shall be subject to judicial review pursuant to section 552(a)(4)(B) of title 5. (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; amended Pub. L. 97–415, § 17, Jan. 4, 1983, 96 Stat. 2076; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 112–239, div. C, title XXXI, § 3134(c), Jan. 2, 2013, 126 Stat. 2193.) 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). § 2169. Fingerprinting for criminal history record checks (a) In general (1)(A)(i) The Commission shall require each in- dividual or entity described in clause (ii) to fin- gerprint each individual described in subpara- graph (B) before the individual described in sub- paragraph (B) is permitted access under sub- paragraph (B). (ii) The individuals and entities referred to in clause (i) are individuals and entities that, on or before the date on which an individual is per- mitted access under subparagraph (B)— (I) are licensed or certified to engage in an activity subject to regulation by the Commis- sion; (II) have filed an application for a license or certificate to engage in an activity subject to regulation by the Commission; or (III) have notified the Commission in writing of an intent to file an application for licens- ing, certification, permitting, or approval of a product or activity subject to regulation by the Commission. (B) The Commission shall require to be fingerprinted any individual who— (i) is permitted unescorted access to— (I) a utilization facility; or (II) radioactive material or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks; or (ii) is permitted access to safeguards infor- mation under section 2167 of this title. (2) All fingerprints obtained by an individual or entity as required in paragraph (1) shall be submitted to the Attorney General of the United States through the Commission for identifica- tion and a criminal history records check. (3) The costs of an identification or records check under paragraph (2) shall be paid by the individual or entity required to conduct the fingerprinting under paragraph (1)(A). (4) Notwithstanding any other provision of law— (A) the Attorney General may provide any result of an identification or records check under paragraph (2) to the Commission; and (B) the Commission, in accordance with reg- ulations prescribed under this section, may provide the results to the individual or entity required to conduct the fingerprinting under paragraph (1)(A). (b) Waiver The Commission, by rule, may relieve persons from the obligations imposed by this section, upon specified terms, conditions, and periods, if the Commission finds that such action is con- sistent with its obligations to promote the com- mon defense and security and to protect the health and safety of the public. (c) Regulations For purposes of administering this section, the Commission shall prescribe requirements— (1) to implement procedures for the taking of fingerprints; (2) to establish the conditions for use of in- formation received from the Attorney Gen- eral, in order— (A) to limit the redissemination of such in- formation; (B) to ensure that such information is used solely for the purpose of determining wheth- er an individual shall be permitted