
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2162]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                  SUBCHAPTER XI--CONTROL OF INFORMATION
 
Sec. 2162. Classification and declassification of Restricted 
        Data
        

(a) 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.

(b) 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.

(c) 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.

(d) Removal from Restricted Data category

    The Commission shall remove from the Restricted Data category such 
data as the Commission and the Department of Defense jointly determine 
relates primarily to the military utilization of atomic weapons and 
which the Commission and Department of Defense jointly determine can be 
adequately safeguarded as defense information: Provided, however, That 
no such data so removed from the Restricted Data category shall be 
transmitted or otherwise made available to any nation or regional 
defense organization, while such data remains defense information, 
except pursuant to an agreement for cooperation entered into in 
accordance with subsection (b) or (d) of section 2164 of this title.

(e) Joint determination on atomic energy programs

    The Commission shall remove from the Restricted Data category such 
information concerning the atomic energy programs of other nations as 
the Commission and the Director of Central Intelligence jointly 
determine to be necessary to carry out the provisions of section 403(d) 
\1\ of title 50 and can be adequately safeguarded as defense 
information.
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    \1\ See References in Text note below.
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(Aug. 1, 1946, ch. 724, title I, Sec. 142, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 941; amended Pub. L. 102-484, div. C, title XXXI, 
Sec. 3152, Oct. 23, 1992, 106 Stat. 2644; renumbered title I, Pub. L. 
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. 
L. 103-337, div. A, title XXXI, Sec. 3155(c)(2), (3), Oct. 5, 1994, 108 
Stat. 3092.)

                       References in Text

    Section 403(d) of title 50, referred to in subsec. (e), was struck 
out and a new subsec. (d) of section 403 of Title 50, War and National 
Defense, was added by Pub. L. 102-496, title VII, Sec. 704(3), Oct. 24, 
1992, 106 Stat. 3189. Subsequently, section 403 was repealed and a new 
section 403 enacted by Pub. L. 104-293, title VIII, Sec. 805(a), Oct. 
11, 1996, 110 Stat. 3477. See section 403-3 of Title 50.


                               Amendments

    1994--Subsec. (d). Pub. L. 103-337, Sec. 3155(c)(2), substituted 
``subsection (b) or (d) of section 2164 of this title'' for ``section 
2164(b) of this title''.
    Subsec. (f). Pub. L. 103-337, Sec. 3155(c)(3), 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.''
    1992--Subsec. (f). Pub. L. 102-484 added subsec. (f).

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.


     Review of Certain Documents Before Declassification and Release

    Pub. L. 104-106, div. C, title XXXI, Sec. 3155, Feb. 10, 1996, 110 
Stat. 625, provided that:
    ``(a) In General.--The Secretary of Energy shall ensure that, before 
a document of the Department of Energy that contains national security 
information is released or declassified, such document is reviewed to 
determine whether it contains restricted data.
    ``(b) Limitation on Declassification.--The Secretary may not 
implement the automatic declassification provisions of Executive Order 
12958 [set out as a note under section 435 of Title 50, War and National 
Defense] if the Secretary determines that such implementation could 
result in the automatic declassification and release of documents 
containing restricted data.
    ``(c) Restricted Data Defined.--In this section, the term 
`restricted data' has the meaning provided by section 11 y. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).''

    Ex. Ord. No. 10899. Communication of Restricted Data by Central 
                           Intelligence Agency

    Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, provided:
    By virtue of the authority vested in me by the Atomic Energy Act of 
1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et 
seq.), and as President of the United States, it is ordered as follows:
    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 (42 U.S.C. 2162 (a), (b), or (c)), such restricted 
data and data removed from the restricted data category under subsection 
142d of the Act (42 U.S.C. 2162(d)) as is determined
    (i) by the President, pursuant to the provisions of the Act, or
    (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 section 2153 of this title], 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: Provided, 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.
                                                   Dwight D. Eisenhower.

                Modification of Executive Order No. 10899

    Ex. Ord. No. 10899, Dec. 9, 1960, 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, Feb. 3, 1978, 43 F.R. 4957, set out as a note under 
section 7151 of this title.

 Ex. Ord. No. 11057. Communication of Restricted Data by Department of 
                                  State

    Ex. Ord. No. 11057, eff. Oct. 18, 1962, 27 F.R. 10289, provided:
    By virtue of the authority vested in me by the Atomic Energy Act of 
1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et 
seq.), and as President of the United States, it is ordered as follows:
    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 (42 U.S.C. 
2164(b)), such restricted data and data removed from the restricted data 
category under subsection 142d of the act (42 U.S.C. 2162(d)) as is 
determined
    (i) by the President, pursuant to the provisions of the Act, or
    (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 section 2153 of this title], 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: Provided, 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.
                                                        John F. Kennedy.

                Modification of Executive Order No. 11057

    Ex. Ord. No. 11057, Oct. 18, 1962, 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, Feb. 3, 1978, 43 F.R. 4957, set out as a note under 
section 7151 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2164, 2168 of this title; 
title 15 section 6204.
