Periodic determination
The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be declassified and removed from the category of Restricted Data.
Continuous review
The Commission shall maintain a continuous review of Restricted Data and of any Classification Guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security.
Joint determination on atomic weapons; Presidential determination on disagreement
In the case of Restricted Data which the Commission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the Commission and the Department of Defense jointly, and if the Commission and the Department of Defense do not agree, the determination shall be made by the President.
Removal from Restricted Data category
Joint determination on atomic energy programs
Aug. 1, 1946, ch. 724 Aug. 30, 1954, ch. 1073, § 1 68 Stat. 941 Pub. L. 102–484, div. C, title XXXI, § 3152106 Stat. 2644 Pub. L. 102–486, title IX, § 902(a)(8)106 Stat. 2944 Pub. L. 103–337, div. A, title XXXI, § 3155(c)(2)108 Stat. 3092 Pub. L. 112–239, div. C, title XXXI, § 3163126 Stat. 2205 (, title I, § 142, as added , ; amended , , ; renumbered title I, , , ; , (3), , ; , , .)
Editorial Notes
References in Text
act July 26, 1947, ch. 343, title I 61 Stat. 497 section 403(d) of Title 50Pub. L. 104–293, title VIII, § 805(a)110 Stat. 3477 Section 102(d) of the National Security Act of 1947, as amended, referred to in subsec. (e)(1), was a reference to section 102(d) of , , which was classified to , War and National Defense, prior to repeal by , , .
Amendments
Pub. L. 112–239, § 3163(1)2013—Subsec. (d). , designated existing provisions as par. (1) and added pars. (2) and (3).
Pub. L. 112–239, § 3163(2)Subsec. (e). , designated existing provisions as par. (1), substituted “National Intelligence” for “Central Intelligence”, and added pars. (2) and (3).
Pub. L. 103–337, § 3155(c)(2)section 2164 of this titlesection 2164(b) of this title1994—Subsec. (d). , substituted “subsection (b) or (d) of ” for “”.
Pub. L. 103–337, § 3155(c)(3)Subsec. (f). , struck out subsec. (f) which read as follows: “Notwithstanding any other law, the President may publicly release Restricted Data regarding the nuclear weapons stockpile of the United States if the United States and member states of the Commonwealth of Independent States reach reciprocal agreement on the release of such data.”
Pub. L. 102–4841992—Subsec. (f). added subsec. (f).
Statutory Notes and Related Subsidiaries
Review of Certain Documents Before Declassification and Release
Pub. L. 104–106, div. C, title XXXI, § 3155110 Stat. 625 section 4521 of Pub. L. 107–314Pub. L. 108–136, div. C, title XXXI, § 3141(h)(11)117 Stat. 1774 section 2671 of Title 50section 6231 of Title 10Pub. L. 119–60, div. C, title XXXI, § 3111(a)139 Stat. 1409 , , , which was formerly set out as a note under this section, was renumbered by , , , and classified to , War and National Defense, and was repealed and restated as , Armed Forces, by , (b)(1), , , 1458.
Executive Documents
Ex. Ord. No. 10899. Communication of Restricted Data by Central Intelligence Agency
Ex. Ord. No. 10899, eff. , 25 F.R. 12729, provided:
42 U.S.C. 2011et seqBy virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act; .), and as President of the United States, it is ordered as follows:
42 U.S.C. 216242 U.S.C. 2162(d)The Central Intelligence Agency is hereby authorized to communicate for intelligence purposes, in accordance with the terms and conditions of any agreement for cooperation arranged pursuant to subsections 144a, b, or c of the act ( (a), (b), or (c)), such restricted data and data removed from the restricted data category under subsection 142d of the Act () as is determined
(i) by the President, pursuant to the provisions of the Act, or
section 2153 of this titleProvided(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions of Executive Order No. 10841 [set out as a note under ], to be transmissible under the agreement for cooperation involved. Such communications shall be effected through mechanisms established by the Central Intelligence Agency in accordance with the terms and conditions of the agreement for cooperation involved: , that no such communication shall be made by the Central Intelligence Agency until the proposed communication has been authorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by the Central Intelligence Agency.
Modification of Executive Order No. 10899
section 7151 of this titleEx. Ord. No. 10899, , 25 F.R. 12729, set out above, when referring to functions of the Atomic Energy Commission is modified to provide that all such functions shall be exercised by the Secretary of Energy and the Nuclear Regulatory Commission, see section 4(a)(1) of Ex. Ord. No. 12038, , 43 F.R. 4957, set out as a note under .
Ex. Ord. No. 11057. Communication of Restricted Data by Department of State
Ex. Ord. No. 11057, eff. , 27 F.R. 10289, provided:
42 U.S.C. 2011By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act; et seq.), and as President of the United States, it is ordered as follows:
42 U.S.C. 2164(b)42 U.S.C. 2162(d)The Department of State is hereby authorized to communicate, in accordance with the terms and conditions of any agreement for cooperation arranged pursuant to subsection 144b of the act (), such restricted data and data removed from the restricted data category under subsection 142d of the act () as is determined
(i) by the President, pursuant to the provisions of the Act, or
section 2153 of this titleProvided(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions of Executive Order No. 10841, as amended [set out as a note under ], to be transmissible under the agreement for cooperation involved. Such communications shall be effected through mechanisms established by the Department of State in accordance with the terms and conditions of the agreement for cooperation involved: , that no such communication shall be made by the Department of State until the proposed communication has been authorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by the Department of State.
Modification of Executive Order No. 11057
section 7151 of this titleEx. Ord. No. 11057, , 27 F.R. 10289, set out above, when referring to functions of the Atomic Energy Commission is modified to provide that all such functions shall be exercised by the Secretary of Energy and the Nuclear Regulatory Commission, see section 4(a)(1) of Ex. Ord. No. 12038, , 43 F.R. 4957, set out as a note under .