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10 U.S.C. § 128 — Control and physical protection of special nuclear material: limitation on dissemination of unclassified information
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 128
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Source location: Title 10, Chapter 3, § 128; chapter-003-general-powers-and-functions.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/a/4/B&num=0&edition=prelim).
**(d)** Information that the Secretary prohibits to be disseminated pursuant to subsection (a) that is provided to a State or local government shall remain under the control of the Department of Defense, and a State or local law authorizing or requiring a State or local government to disclose such information shall not apply to such information.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense may use appropriated funds available to the Department of Defense for intelligence and communications purposes to pay for the expenses of arrangements with foreign countries for cryptologic support.
**(b)** The Secretary of Defense may use funds other than appropriated funds to pay for the expenses of arrangements with foreign countries for cryptologic support without regard for the provisions of law relating to the expenditure of United States Government funds, except that—
(1) no such funds may be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress had previously denied funds; and
(2) proceeds from the sale of cryptologic items may be used only to purchase replacement items similar to the items that are sold; and
(3) the authority provided by this subsection may not be used to acquire items or services for the principal benefit of the United States.
**(c)** Any funds expended under the authority of subsection (a) shall be reported to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives pursuant to the provisions of title V of the National Security Act of 1947 ([50 U.S.C. 3091](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3091&num=0&edition=prelim) et seq.). Funds expended under the authority of subsection (b) shall be reported pursuant to procedures jointly agreed upon by such committees and the Secretary of Defense.
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Federal law — U.S. Code and appendices · legal_authorities
Page 156
TITLE 10—ARMED FORCES
§ 128
in coordination with elements of the Depart-
ment of Defense that the Assistant Secretary
determines appropriate, shall provide to the
congressional defense committees a briefing
outlining the clandestine activities carried out
pursuant to subsection (a) during the period cov-
ered by the briefing, including—
(1) an update on such activities carried out
in each geographic combatant command and a
description of how such activities support the
respective theater campaign plan;
(2) an overview of the authorities and legal
issues, including limitations, relating to such
activities; and
(3) any other matters the Assistant Sec-
retary considers appropriate.
(g) ANNUAL REPORT.—Not later than December
31 each year, the Secretary of Defense shall sub-
mit to the congressional defense committees a
report on expenditures made under this section
during the fiscal year preceding the year in
which the report is submitted. Each report shall
include, for each expenditure under this section
during the fiscal year covered by such report—
(1) a description of activities carried out for
the purposes described in subsection (a);
(2) the amount of such expenditures;
(3) an identification of the type of recipients
to receive support, including foreign forces, ir-
regular forces, groups or individuals, as appro-
priate;
(4) the total amount of funds obligated for
such expenditures in prior fiscal years; and
(5) any other matters the Secretary con-
siders appropriate.
(h) NON-CONVENTIONAL ASSISTED RECOVERY CA-
PABILITIES.—Funding used to establish, develop,
and maintain non-conventional assisted recov-
ery capabilities under this section may only be
obligated and expended with the concurrence of
the relevant Chief of Mission or Chi
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 128
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