
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC128]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
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.
    (d) The Secretary shall prepare on an annual 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 the theft, diversion, or sabotage of special 
    nuclear materials, equipment, or facilities, as specified under 
    subsection (a); 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.

(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.)


                            Prior Provisions

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


                               Amendments

    1990--Subsec. (d). Pub. L. 101-510 substituted ``on an annual 
basis'' for ``on a quarterly basis''.
