---
kind: "section"
citation: "42 U.S.C. § 2168"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2168"
heading: "Dissemination of unclassified information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2168"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XI — Control of Information"
---

# §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](/usc/5/552.md?p=b-3), the [Secretary](/usc/42/242q–4.md?p=2) of Energy (hereinafter in this section referred to as the “[Secretary](/usc/42/242q–4.md?p=2)”), with respect to [atomic energy](/usc/42/2014.md?p=c) 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](/usc/42/2014.md?p=i) of [production facilities](/usc/42/2014.md?p=v) or [utilization facilities](/usc/42/2014.md?p=cc);
    - (B) security measures (including security plans, procedures, and equipment) for the physical protection of (i) production or [utilization facilities](/usc/42/2014.md?p=cc), (ii) nuclear material contained in such facilities, or (iii) nuclear material in transit; or
    - (C) the [design](/usc/42/2014.md?p=i), manufacture, or utilization of any [atomic weapon](/usc/42/2014.md?p=d) or component if the [design](/usc/42/2014.md?p=i), manufacture, or utilization of such weapon or component was contained in any information declassified or removed from the [Restricted Data](/usc/42/2014.md?p=y) category by the [Secretary](/usc/42/242q–4.md?p=2) (or the head of the predecessor [agency](/usc/42/2231.md?p=a) of the Department of Energy) pursuant to [section 2162 of this title](/usc/42/2162.md).
  - (2) The [Secretary](/usc/42/242q–4.md?p=2) may prescribe regulations or issue orders under [paragraph (1)](#a-1) to prohibit the dissemination of any information described in such paragraph only if and to the extent that the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/2014.md?p=g) 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)](#a-2), the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/242q–4.md?p=2) 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](/usc/42/2014.md?p=g); 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](/usc/42/2014.md?p=g) 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](/usc/42/242q–4.md?p=2) to authorize the withholding of information from the appropriate committees of the Congress.
- (b) **Civil penalties—**
  - (1) Any [person](/usc/42/2014.md?p=s) who violates any regulation or order of the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/242q–4.md?p=2), of not to exceed $100,000 for each such [violation](/usc/42/2000e–16a.md?p=c). The [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/2282.md), shall be applicable with respect to the imposition of civil penalties by the [Secretary](/usc/42/242q–4.md?p=2) under this section in the same manner that such provisions are applicable to the imposition of civil penalties by the [Commission](/usc/42/2014.md?p=f) under [subsection (a)](/usc/42/2282.md?p=a) of such section.
- (c) **Criminal penalties—** For the purposes of [section 2273 of this title](/usc/42/2273.md), any regulation prescribed or order issued by the [Secretary](/usc/42/242q–4.md?p=2) under this section shall also be deemed to be prescribed or issued under [section 2201(b) of this title](/usc/42/2201.md?p=b).
- (d) **Judicial review—** Any determination by the [Secretary](/usc/42/242q–4.md?p=2) concerning the applicability of this section shall be subject to judicial review pursuant to [section 552(a)(4)(B) of title 5](/usc/5/552.md?p=a-4-B).

## Source credit

(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.)

## Notes

### 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).