Page:United States Statutes at Large Volume 101 Part 2.djvu/163

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1149

SEC. 1122. ASSESSMENT OF SOVIET ELECTRONIC ESPIONAGE CAPABILITY FROM MOUNT ALTO EMBASSY SITE

District of Columbia.

(a) REVIEW AND ASSESSMENT.—The Secretary of Defense shall review and assess the present and potential capabilities of the Government of the Soviet Union to intercept United States communications involving diplomatic, military, and intelligence matters from facilities on Mount Alto in the District of Columbia. The Secretary shall submit to Congress a report on such review and assessment not later than 90 days after the date of the enactment of this Act.

Communications and telecommunications. Reports.

(b) DETERMINATION OF CONSISTENCY WITH NATIONAL SECURITY.—

The report required by subsection (a) shall include a determination by the Secretary of Defense as to whether or not the present and proposed occupation of facilities on Mount Alto by the Government of the Soviet Union is consistent with the national security of the United States. (c) CLASSIFICATION OF REPORT.—The report required by subsection (a) shall be submitted in both a clsissij^ed and unclassified form, except that the determination required by subsection QD) shall be submitted in an unclassified form. (d) LIMITATION ON DELEGATION.—The Secretary of Defense may

not delegate the duty to make the determination required by subsection (b). SEC. 1123. DISSEMINATION OF UNCLASSIFIED INFORMATION CONCERNING PHYSICAL PROTECTION OF SPECIAL NUCLEAR MATERIAL

(a) IN GENERAL.—Chapter 3 of title 10, United States Code, is amended by inserting after section 127 the following new section: "§ 128. Physical protection of special nuclear material: limitation 10 USC 128. on dissemination of unclassified information "(a)(1) In addition to any other authority or requirement regard- Regulations. ing protection from dissemination of information, and subject to section 5520t)X3) 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 Regulations. paragraph (1) to prohibit the dissemination of any information Safety. 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.

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