10 U.S.C. § 6232 — Protection against inadvertent release of restricted data and formerly restricted data
submitted 1 year ago by Pub. L. 119-60 to r/title-10-ARMED-FORCES · 646 words · no verdicts yet
The Secretary of Energy and Archivist must create a plan to prevent accidental release of Restricted Data or Formerly Restricted Data during automatic declassification. The plan must set review, training, technology, oversight, dispute, resource, and timing rules, and reports are required.
(a) Plan. After consulting National Security Council members, and consulting the Defense Secretary and other appropriate agency heads, the Energy Secretary and U.S. Archivist must develop a plan to prevent accidental release of records containing Restricted Data* or Formerly Restricted Data during automatic declassification under Executive Order 13526.
(b) Elements. The plan must include (1) page-by-page review of covered records for Restricted Data and Formerly Restricted Data unless highly unlikely to contain them; (2) criteria and process for that determination; (3) training, supervision, and evaluation ensuring declassification personnel recognize them; (4) the extent of automated technology use to protect them; (5) periodic Energy Secretary review, consulting the Information Security Oversight Office Director, of agency compliance; (6) resolving interagency disagreements over procedures and decisions; (7) needed funding, personnel, and other resources; and (8) an implementation timetable.
(c) Limits. (1) From October 17, 1998, except under paragraph (3), a covered record may not be declassified unless its custodial agency reviews every page for Restricted Data or Formerly Restricted Data. (2) If review finds either, declassification must wait until the Energy Secretary and custodial-agency head find the document suitable. (3) Sixty days after the plan is submitted to the subsection (d) committees, page-by-page review is not required for a record classified under the plan as highly unlikely to contain either type.
(d) Submission. The Energy Secretary must submit the plan to the Senate Armed Services Committee, House Armed Services Committee, and Assistant to the President for National Security Affairs.
(e) Reports. (1) The Secretary must report to those recipients accidental releases under Executive Order 12958 that occurred before October 17, 1998. (2) Every even-numbered year beginning in 2010, the Secretary must report accidental releases under Executive Order 13526 discovered during the preceding two years.
The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data* or Formerly Restricted Data during the automatic declassification of records under Executive Order No. 13526 (50 U.S.C. 3161 note).
The plan under subsection (a) shall include the following:
The actions to be taken in order to ensure that records subject to Executive Order No. 13526 are reviewed on a page-by-page basis for Restricted Data and Formerly Restricted Data unless they have been determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
The criteria and process by which documents are determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
The actions to be taken in order to ensure proper training, supervision, and evaluation of personnel engaged in declassification under that Executive order so that such personnel recognize Restricted Data and Formerly Restricted Data.
The extent to which automated declassification technologies will be used under that Executive order to protect Restricted Data and Formerly Restricted Data from inadvertent release.
Procedures for periodic review and evaluation by the Secretary of Energy, in consultation with the Director of the Information Security Oversight Office of the National Archives and Records Administration*, of compliance by Federal agencies with the plan.
Procedures for resolving disagreements among Federal agencies regarding declassification procedures and decisions under the plan.
The funding, personnel, and other resources required to carry out the plan.
A timetable for implementation of the plan.
Effective on October 17, 1998, and except as provided in paragraph (3), a record referred to in subsection (a) may not be declassified unless the agency having custody of the record reviews the record on a page-by-page basis to ensure that the record does not contain Restricted Data or Formerly Restricted Data.
Any record determined as a result of a review under paragraph (1) to contain Restricted Data or Formerly Restricted Data may not be declassified until the Secretary of Energy, in conjunction with the head of the agency having custody of the record, determines that the document is suitable for declassification.
After the date occurring 60 days after the submission of the plan required by subsection (a) to the committees referred to in paragraphs (1) and (2) of subsection (d), the requirement under paragraph (1) to review a record on a page-by-page basis shall not apply in the case of a record determined, under the actions specified in the plan pursuant to subsection (b)(1), to be a record that is highly unlikely to contain Restricted Data or Formerly Restricted Data.
The Secretary of Energy shall submit the plan required under subsection (a) to the following:
The Committee on Armed Services of the Senate.
The Committee on Armed Services of the House of Representatives.
The Assistant to the President for National Security Affairs.
The Secretary of Energy shall submit to the committees and Assistant to the President specified in subsection (d) a report on inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 12958 that occurred before October 17, 1998.
The Secretary of Energy shall, in each even-numbered year beginning in 2010, submit to the committees and Assistant to the President specified in subsection (d) a report identifying any inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 13526 discovered in the two-year period preceding the submittal of the report.
Source credit: (Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1409, 1462.)
- 2025Enacted · Pub. L. 119-60 · 139 Stat. 1409, 1462
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-60 on 2025-12-18.
all 0 arguments · sorted by: best
no arguments yet — make the first case