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.

      
 
          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).