42 USC 2168(a)(1)(C): Unclassified Controlled Nuclear Information
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
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| Dept. of Homeland Security | 1.0 |
CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A--Atomic Energy
SUBCHAPTER XI--CONTROL OF INFORMATION
Sec. 2168. Dissemination of unclassified information
(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, 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) 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, 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, 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 concerning the applicability of
this section shall be subject to judicial review pursuant to section
552(a)(4)(B) of title 5.
(e) Quarterly reports for interested persons; contents
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) of this section; 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.
(Aug. 1, 1946, ch. 724, title I, Sec. 148, as added Pub. L. 97-90, title
II, Sec. 210(a)(1), Dec. 4, 1981, 95 Stat. 1169; amended Pub. L. 97-415,
Sec. 17, Jan. 4, 1983, 96 Stat. 2076; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
Amendments
1983--Subsec. (a)(1). Pub. L. 97-415, Sec. 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, Sec. 17(b), added subsecs. (d)
and (e).
(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) 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, 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, 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 concerning the applicability of
this section shall be subject to judicial review pursuant to section
552(a)(4)(B) of title 5.
(e) Quarterly reports for interested persons; contents
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) of this section; 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.
(Aug. 1, 1946, ch. 724, title I, Sec. 148, as added Pub. L. 97-90, title
II, Sec. 210(a)(1), Dec. 4, 1981, 95 Stat. 1169; amended Pub. L. 97-415,
Sec. 17, Jan. 4, 1983, 96 Stat. 2076; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
Amendments
1983--Subsec. (a)(1). Pub. L. 97-415, Sec. 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, Sec. 17(b), added subsecs. (d)
and (e).