42 U.S.C. § 2167 — Safeguards information

Page 5474 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2166 1 So in original. Probably should be followed by a semicolon. Subsecs. (g), (h). Pub. L. 87–206 redesignated former subsec. (f) as (g) and amended provisions by sub- stituting ‘‘, the reports of which will be utilized by the Commission in making the determination, pursuant to subsections (a), (b), and (c) of this section, that permit- ting a person access to restricted data will not endan- ger the common defense and security’’ for ‘‘to be made by the Civil Service Commission pursuant to sub- sections (a) and (b) of this section.’’ Former subsec. (g) redesignated (h). 1958—Subsec. (g). Pub. L. 85–681 added subsec. (g). Statutory Notes and Related Subsidiaries IMPLEMENTATION OF SUBSECTION (e)(2) Pub. L. 106–65, div. C, title XXXI, § 3144(b), (c), Oct. 5, 1999, 113 Stat. 934, provided that: ‘‘(b) COMPLIANCE.—The Director of the Federal Bu- reau of Investigation shall have 18 months from the date of the enactment of this Act [Oct. 5, 1999] to meet the responsibilities of the Bureau under subsection e.(2) of section 145 of the Atomic Energy Act of 1954 [42 U.S.C. 2165(e)(2)], as added by subsection (a). ‘‘(c) REPORT.—(1) Not later than six months after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the committees specified in paragraph (2) a report on the implementation of the responsibilities of the Bureau under subsection e.(2) of that section. That report shall include the following: ‘‘(A) An assessment of the capability of the Bureau to execute the additional clearance requirements, to include additional post-initial investigations. ‘‘(B) An estimate of the additional resources re- quired, to include funding, to support the expanded use of the Bureau to conduct the additional inves- tigations. ‘‘(C) The extent to which contractor personnel are and would be used in the clearance process. ‘‘(2) The committees referred to in paragraph (1) are the following: ‘‘(A) The Committee on Armed Services and the Se- lect Committee on Intelligence of the Senate. ‘‘(B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.’’ Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ and ‘‘his’’ substituted for ‘‘Civil Service Commission’’ and ‘‘its’’, respectively, in subsecs. (a) to (d), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Serv- ice Commission to Director of Office of Personnel Man- agement (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 2166. Applicability of other laws (a) Sections 2161 to 2165 of this title shall not exclude the applicable provisions of any other laws, except that no Government agency shall take any action under such other laws incon- sistent with the provisions of those sections. (b) The Commission shall have no power to control or restrict the dissemination of informa- tion other than as granted by this or any other law. (Aug. 1, 1946, ch. 724, title I, § 146, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 943; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1810(b)(6) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2167. Safeguards information (a) Confidentiality of certain types of informa- tion; issuance of regulations and orders; con- siderations for exercise of Commission’s au- thority; disclosure of routes and quantities of shipment; civil penalties; withholding of in- formation from Congressional committees In addition to any other authority or require- ment regarding protection from disclosure of in- formation, and subject to subsection (b)(3) of section 552 of title 5, the Commission shall pre- scribe such regulations, after notice and oppor- tunity for public comment, or issue such orders, as necessary to prohibit the unauthorized disclo- sure of safeguards information which specifi- cally identifies a licensee’s or applicant’s de- tailed— (1) control and accounting procedures or se- curity measures (including security plans, pro- cedures, and equipment) for the physical pro- tection of special nuclear material, by whom- ever possessed, whether in transit or at fixed sites, in quantities determined by the Com- mission to be significant to the public health and safety or the common defense and secu- rity; (2) security measures (including security plans, procedures, and equipment) for the physical protection of source material or by- product material, by whomever possessed, whether in transit or at fixed sites, in quan- tities determined by the Commission to be sig- nificant 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 cer- tain plant equipment vital to the safety of production or utilization facilities involving nuclear materials covered by paragraphs (1) and (2) 1 if the unauthorized disclosure of such informa- tion could reasonably be expected to have a sig- nificant adverse effect on the health and safety of the public or the common defense and secu- rity by significantly increasing the likelihood of theft, diversion, or sabotage of such material or such facility. The Commission shall exercise the authority 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 disclosure of such information could rea- sonably be expected to have a significant ad- verse 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. 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