10 USC 128(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 10 USC 128(a) | status: Basic | banner: CUI.
- DoD authority row: 10 USC 128(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 10 USC 128(a) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- Page 121 TITLE 10—ARMED FORCES § 128
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Relating to Department of Defense special nuclear material (SNM), equipment, and facilities, as defined by 32 CFR 223.
- DoD category scope used with this authority: Information relating to Department of Defense special nuclear material (SNM), equipment, and facilities, as defined by 32 CFR 223.
- 10 USC 128(a) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-DCNI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Relating to Department of Defense special nuclear material (SNM), equipment, and facilities, as defined by 32 CFR 223.
- DoD category scope: Information relating to Department of Defense special nuclear material (SNM), equipment, and facilities, as defined by 32 CFR 223.
- DoD registry-required warning statement: Department of Defense Unclassified Controlled Nuclear Information Exempt from mandatory disclosure pursuant to 5 U.S.C. 552(b)(3),as authorized by 10 U.S.C. 128
- Extracted authority condition: (2) R EPORT ON CURRENT CALENDAR YEAR.—Not later than six months after the date of the submittal of the report most recently submit- ted under paragraph (1), the Secretary shall submit to the congressional defense commit- tees a report on the support provided under this section during the first half of the cal- endar year in which the report under this paragraph is submitted.
- Extracted authority condition: Page 122 TITLE 10—ARMED FORCES § 129 tion of information, and subject to section 552(b)(3) of title 5, the Secretary of Defense, with respect to special nuclear materials, shall pre- scribe such regulations, after notice and oppor- tunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified in- formation pertaining to security measures, in- cluding security plans, procedures, and equip- ment for the physical protection of special nu- clear material.
- Extracted authority condition: (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 Depart- ment of Defense, and a State or local law au- thorizing or requiring a State or local govern- ment to disclose such information shall not apply to such information.
- Extracted authority condition: (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 reason- ably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by signifi- cantly increasing the likelihood of— (A) illegal production of nuclear weapons, or (B) theft, diversion, or sabotage of special nuclear materials, equipment, or facilities.
- Extracted authority condition: (4) The Secretary shall exercise his authority under this subsection to prohibit the dissemina- tion 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 unauthor- ized dissemination of such information could reasonably be expected to result in a signifi- cant 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.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD required warning statement: Department of Defense Unclassified Controlled Nuclear Information Exempt from mandatory disclosure pursuant to 5 U.S.C. 552(b)(3),as authorized by 10 U.S.C. 128
- DoD applicable policies: DoDI 5210.83
- Nara basic or specified: Basic + Specified
- Nara authority rows: 10 USC 128(a) | status: Basic | banner: CUI || 32 CFR 223 | status: Specified | banner: CUI//SP-DCNI
- Nara banner markings: CUI, CUI//SP-DCNI
- Dod required warning statement: Department of Defense Unclassified Controlled Nuclear Information Exempt from mandatory disclosure pursuant to 5 U.S.C. 552(b)(3),as authorized by 10 U.S.C. 128
- Dod applicable policies: DoDI 5210.83
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Page 122 TITLE 10—ARMED FORCES § 129 tion of information, and subject to section 552(b)(3) of title 5, the Secretary of Defense, with respect to special nuclear materials, shall pre- scribe such regulations, after notice and oppor- tunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified in- formation pertaining to security measures, in- cluding security plans, procedures, and equip- ment for the physical protection of special nu- clear material.
- Extracted authority control: (4) The Secretary shall exercise his authority under this subsection to prohibit the dissemina- tion 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 unauthor- ized dissemination of such information could reasonably be expected to result in a signifi- cant 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.
- Extracted authority control: Control and physical protection of special nuclear material: limitation on dissemination of unclassified information (a)(1) In addition to any other authority or re- quirement regarding protection from dissemina-
- Extracted authority control: (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 reason- ably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by signifi- cantly increasing the likelihood of— (A) illegal production of nuclear weapons, or (B) theft, diversion, or sabotage of special nuclear materials, equipment, or facilities.
- Extracted authority control: (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 Depart- ment of Defense, and a State or local law au- thorizing or requiring a State or local govern- ment to disclose such information shall not apply to such information.
- Extracted authority control: Civilian personnel management (a) The civilian personnel of the Department of Defense shall be managed each fiscal year on the basis of and consistent with (1) the total force management policies and procedures es- tablished under section 129a of this title, (2) the workload required to carry out the functions and activities of the department, and (3) the funds made available to the department for such fiscal year.
- Extracted authority control: (c)(1) Not later than February 1 of each year— (A) the Secretary of Defense shall submit to the congressional defense committees a report on the management of the civilian workforce of the Office of the Secretary of Defense and the Defense Agencies and Field Activities; and (B) the Secretary of each military depart- ment shall submit to the congressional de- fense committees a report on the management of the civilian workforces under the jurisdic- tion of such Secretary.
Authority excerpts
Most relevant extracted authority passagePage 122 TITLE 10—ARMED FORCES § 129 tion of information, and subject to section 552(b)(3) of title 5, the Secretary of Defense, with respect to special nuclear materials, shall pre- scribe such regulations, after notice and oppor- tunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified in- formation pertaining to security measures, in- cluding security plans, procedures, and equip- ment for the physical protection of special nu- clear material.
Extracted authority passage 2(4) The Secretary shall exercise his authority under this subsection to prohibit the dissemina- tion 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 unauthor- ized dissemination of such information could reasonably be expected to result in a signifi- cant 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.
Extracted authority passage 3Control and physical protection of special nuclear material: limitation on dissemination of unclassified information (a)(1) In addition to any other authority or re- quirement regarding protection from dissemina-
Extracted authority passage 4(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 reason- ably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by signifi- cantly increasing the likelihood of— (A) illegal production of nuclear weapons, or (B) theft, diversion, or sabotage of special nuclear materials, equipment, or facilities.
Extracted authority passage 5(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 Depart- ment of Defense, and a State or local law au- thorizing or requiring a State or local govern- ment to disclose such information shall not apply to such information.
Extracted authority passage 6(2) R EPORT ON CURRENT CALENDAR YEAR.—Not later than six months after the date of the submittal of the report most recently submit- ted under paragraph (1), the Secretary shall submit to the congressional defense commit- tees a report on the support provided under this section during the first half of the cal- endar year in which the report under this paragraph is submitted.