Page:United States Statutes at Large Volume 94 Part 1.djvu/839

 PUBLIC LAW 96-295—JUNE 30, 1980

94 STAT. 789

"c. Any determination by the Commission concerning the applicability of this section shall be subject to judicial review pursuant to subsection (a)(4)(B) of section 552 of title 5 of the United States Code, "d. Upon prescribing or issuing any regulation or order under subsection a. of this section, the Commission shall submit to Congress a report that: "(1) specifically identifies the type of information the Commission intends to protect from disclosure under the regulation or order; "(2) specifically states the Commission's justification for determining that unauthorized disclosure of the information to be protected from disclosure under the regulation or order 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 theft, diversion, or sabotage of such material or such facility, as specified under subsection (a) of this section; and "(3) provides justification, including proposed alternative regulations or orders, that the regulation or order applies only the minimum restrictions needed to protect the health and safety of the public or the common defense and security, "e. In addition to the reports required under subsection d. of this section, the Commission shall submit to Congress on a quarterly basis a report detailing the Commission's application during that period of every regulation or order prescribed or issued under this section. In particular, the report shall: "(1) identify any information protected from disclosure pursuant to such regulation or order; "(2) specifically state the Commission's justification for determining that unauthorized disclosure of the information protected from disclosure under such regulation or order 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 theft, diversion or sabotage of such material or such facility, as specified under subsection a. of this section; and "(3) provide justification that the Commission 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.". (2) The table of contents for such Act is amended by inserting the following new item after the item relating to section 146: "Sec. 147. Safeguards information.".

(b) Section 181 of the Atomic Energy Act of 1954 is amended— 42 USC 2231. (1) by striking out "or defense information" the first time it appears and substituting ", defense information, or safeguards information protected from disclosure under the authority of section 147"; and Ante, p. 788. (2) by striking out "or defense information" in each other place it appears in such section and substituting ", defense information, or such safeguards information,". TITLE III—OTHER PROVISIONS SEC. 301. (a) The Nuclear Regulatory Commission, within 90 days of Regulations. enactment of this Act, shall promulgate regulations providing for 42 USC 5841 timely notification to the Governor of any State prior to the transport "°^-

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