10 U.S.C. § 128 — Control and physical protection of special nuclear material: limitation on dissemination of unclassified information

(a)(1) Besides any other law protecting information from disclosure, and subject to the Freedom of Information Act exemption in 5 U.S.C. § 552(b)(3), the Secretary of Defense must make rules — after giving public notice and a chance to comment — or issue orders, to stop unauthorized sharing of unclassified information about security measures (including plans, procedures, and equipment) used to physically protect special nuclear material. (2) The Secretary may restrict this kind of information only if the Secretary determines that sharing it without authorization could reasonably be expected to seriously hurt public health and safety, or the common defense and security, by significantly raising the chance of (A) illegally producing nuclear weapons, or (B) theft, diversion, or sabotage of special nuclear materials, equipment, or facilities. (3) In making that determination, the Secretary may consider how likely illegal production, theft, diversion, or sabotage would be if the information were never available to anyone at all. (4) The Secretary must exercise this power to (A) apply only the minimum restrictions needed to protect public health and safety or the common defense and security; and (B) restrict information only after determining that unauthorized sharing could reasonably be expected to seriously and significantly raise the risk of illegal weapon production, or of theft, diversion, or sabotage of nuclear materials, equipment, or facilities. (b) Nothing in this section lets the Secretary withhold information from the appropriate congressional committees. (c) Any determination the Secretary makes about whether this section applies can be challenged in court, under the Freedom of Information Act's judicial-review provision, 5 U.S.C. § 552(a)(4)(B). (d) Information the Secretary restricts under subsection (a) that is given to a state or local government stays under the Department of Defense's control. A state or local law that would otherwise require that government to disclose the information does not apply to it.