42 USC 2167: Safeguards Information

            
 
          Sec. 2167. Safeguards information
(a) Confidentiality of certain types of information; issuance of 
        regulations and orders; considerations for exercise of 
        Commission's authority; disclosure of routes and quantities of 
        shipment; civil penalties; withholding of information from 
        Congressional committees

    In addition to any other authority or requirement regarding 
protection from disclosure of information, and subject to subsection 
(b)(3) of section 552 of title 5, the Commission shall prescribe such 
regulations, after notice and opportunity for public comment, or issue 
such orders, as necessary to prohibit the unauthorized disclosure of 
safeguards information which specifically identifies a licensee's or 
applicant's detailed--
        (1) control and accounting procedures or security measures 
    (including security plans, procedures, and equipment) for the 
    physical protection of special nuclear material, by whomever 
    possessed, whether in transit or at fixed sites, in quantities 
    determined by the Commission to be significant to the public health 
    and safety or the common defense and security;
        (2) security measures (including security plans, procedures, and 
    equipment) for the physical protection of source material or 
    byproduct material, by whomever possessed, whether in transit or at 
    fixed sites, in quantities determined by the Commission to be 
    significant 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 
    certain plant equipment vital to the safety of production or 
    utilization facilities involving nuclear materials covered by 
    paragraphs (1) and (2) \1\
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    \1\ So in original. Probably should be followed by a semicolon.

if the unauthorized disclosure 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 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 unauthorized disclosure 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 
    theft, diversion, or sabotage of such material or such facility.

Nothing in this chapter shall authorize the Commission to prohibit the 
public disclosure of information pertaining to the routes and quantities 
of shipments of source material, by-product material, high level nuclear 
waste, or irradiated nuclear reactor fuel. Any person, whether or not a 
licensee of the Commission, who violates any regulation adopted under 
this section shall be subject to the civil monetary penalties of section 
2282 of this title. Nothing in this section shall be construed to 
authorize the withholding of information from the duly authorized 
committees of the Congress.

(b) Regulations or orders issued under this section and section 2201(b) 
        of this title for purposes 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 concerning 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 information the 
    Commission intends to protect from disclosure under the regulation 
    or order;
        (2) specifically states the Commission's justification 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 significant 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 regulation or order applies only the 
    minimum restrictions needed to protect the health and safety of the 
    public or the common defense and security.

(Aug. 1, 1946, ch. 724, title I, Sec. 147, as added Pub. L. 96-295, 
title II, Sec. 207(a)(1), June 30, 1980, 94
Stat. 788; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

                          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.