(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
A prior section
128 was renumbered section
421 of this title.
2003—Subsec. (d). Pub. L. 108–136struck 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. 101–510substituted “on an annual basis” for “on a quarterly basis”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.