10 U.S.C. § 128
(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.
Notes, amendments, and revision history
(Added Pub. L. 100–180, div. A, title XI, § 1123(a), Dec. 4, 1987, 101 Stat. 1149; amended Pub. L. 101–510, div. A, title XIII, § 1311(1), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 108–136, div. A, title X, § 1031(a)(4), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 114–328, div. A, title XVI, § 1662(a)(1), (2), Dec. 23, 2016, 130 Stat. 2614.)
Editorial Notes
Prior Provisions
A prior section 128 was renumbered section 421 of this title.
Amendments
2016—Pub. L. 114–328, § 1662(a)(2), substituted “Control and physical protection” for “Physical protection” in section catchline.
Subsec. (d). Pub. L. 114–328, § 1662(a)(1), added subsec. (d).
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”.