Page:United States Statutes at Large Volume 101 Part 2.djvu/164

 101 STAT. 1150

PUBLIC LAW 100-180—DEC. 4, 1987

"(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 u 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— t, "(i) illegal production of nuclear weapons, or o "(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. Reports. "(d) The Secretary shall prepare on a quarterly basis a report to be made available upon the request of any interested person, detailing the Secretary's application during that period of each regulation or order prescribed or issued under this section. In particular, such report shall— "(1) identify any information protected from disclosure pursuant to such regulation or order; ^,i "(2) specifically state the Secretary's justification for deter;/J mining that unauthorized dissemination of the information protected from disclosure under such regulation or order could nly&J or c* 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 illegal •Hnt^i J i i l A? ^ "^' production of nuclear weapons or the theft, diversion, or sabotage of special nuclear materials, equipment, or facilities, as specified under subsection (a); and "(3) provide justification that the Secretary has applied such regulation or order so as to protect from disclosure only the minimum amount of information necessary to protect the health and safety of the public or the common defense and security.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127 the following new item: "128. Physical protection of special nuclear material: limitation on dissemination of unclassified information.". PART D—SPECIAL ACCESS PROGRAMS SEC. 1131. SENSE OF CONGRESS WITH RESPECT TO DISCLOSURE OF CERTAIN BUDGET AND SCHEDULE INFORMATION ABOUT SPECIFIED SPECIAL ACCESS PROGRAMS Research and development.

It is the sense of Congress that— (1) the Advanced Technology Bomber program, the Advanced Cruise Missile program, and the Advanced Tactical Aircraft program involve the development and production of new ad-

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