10 USC 128: Unclassified special nuclear weapons information

            
 
          Sec. 128. Physical protection of special nuclear material: 
        limitation on dissemination of unclassified information
        
    (a)(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 Defense, with respect to special 
nuclear materials, 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 security measures, including security plans, 
procedures, and equipment for the physical protection of special nuclear 
material.
    (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 special 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)--
        (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.

    (b) Nothing in this section shall be construed to authorize the 
Secretary to withhold, or to authorize the withholding of, information 
from the appropriate committees of the Congress.
    (c) 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.

[[Page 95]]

(Added Pub. L. 100-180, div. A, title XI, Sec. 1123(a), Dec. 4, 1987, 
101 Stat. 1149; amended Pub. L. 101-510, div. A, title XIII, 
Sec. 1311(1), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 108-136, div. A, 
title X, Sec. 1031(a)(4), Nov. 24, 2003, 117 Stat. 1596.)


                            Prior Provisions

    A prior section 128 was renumbered section 421 of this title.


                               Amendments

    2003--Subsec. (d). Pub. L. 108-136 struck out subsec. (d) which 
required the Secretary to prepare an annual report detailing the 
Secretary's application during the year of each regulation or order 
prescribed or issued under this section.
    1990--Subsec. (d). Pub. L. 101-510 substituted ``on an annual 
basis'' for ``on a quarterly basis''.