42 U.S.C. § 2162 — Classification and declassification of Restricted Data
submitted 80 years ago by ch. 724 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 616 words · no verdicts yet
The Commission must continually identify Restricted Data that can be published safely and declassify it. Some military-weapon data and foreign atomic-energy-program data require joint decisions and may later be restored to Restricted Data.
(a) From time to time, the Commission* must identify Restricted Data that can be published without undue risk to the common defense and security*, then declassify and remove it from Restricted Data. (b) The Commission must continuously review Restricted Data and classification guides for the atomic-energy program, including declassified areas, to find information that can safely be declassified and removed. (c) If the Commission and Department of Defense jointly find that data mainly concerns military use of atomic weapons, they jointly decide whether publication would create an unreasonable risk. If they disagree, the President decides. (d)(1) The Commission must remove data about military use of atomic weapons when it and Defense jointly find the data can be adequately protected as defense information*. While it remains defense information, it may not be sent or made available to a nation or regional defense organization except under a cooperation agreement authorized by section 2164(b) or (d). (d)(2) The Commission may restore nuclear-weapons-design* information if the Commission and Defense jointly find that the program needs that caused removal no longer apply or have diminished, the information is better protected as Restricted Data, and restoration serves national security. (d)(3) Restoration must follow regulations prescribed for paragraph (2). (e)(1) The Commission must remove information about other nations' atomic-energy programs when it and the Director* of National Intelligence jointly find removal necessary to carry out section 102(d) of the National Security Act of 1947 and that the information can be adequately protected as defense information. (e)(2) They may restore that information if they jointly find the removal needs no longer apply or have diminished, Restricted Data protection is more appropriate, and restoration serves national security. (e)(3) Restoration must follow prescribed regulations.
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.
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.
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.
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.
The Commission may restore to the Restricted Data category any information related to the design* of nuclear weapons removed under paragraph (1) if the Commission and the Department of Defense jointly determine that—
the programmatic requirements that caused the information to be removed from the Restricted Data category are no longer applicable or have diminished;
the information would be more appropriately protected as Restricted Data; and
restoring the information to the Restricted Data category is in the interest of national security.
In carrying out paragraph (2), information related to the design of nuclear weapons shall be restored to the Restricted Data category in accordance with regulations prescribed for purposes of such paragraph.
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 National Intelligence jointly determine to be necessary to carry out the provisions of section 102(d) of the National Security Act of 1947, as amended,1 and can be adequately safeguarded as defense information.
The Commission may restore to the Restricted Data category any information concerning atomic energy programs of other nations removed under paragraph (1) if the Commission and the Director of National Intelligence jointly determine that—
the programmatic requirements that caused the information to be removed from the Restricted Data category are no longer applicable or have diminished;
the information would be more appropriately protected as Restricted Data; and
restoring the information to the Restricted Data category is in the interest of national security.
In carrying out paragraph (2), information concerning atomic energy programs of other nations shall be restored to the Restricted Data category in accordance with regulations prescribed for purposes of such paragraph.
Source credit: (Aug. 1, 1946, ch. 724, title I, § 142, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 941; amended Pub. L. 102–484, div. C, title XXXI, § 3152, Oct. 23, 1992, 106 Stat. 2644; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103–337, div. A, title XXXI, § 3155(c)(2), (3), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 112–239, div. C, title XXXI, § 3163, Jan. 2, 2013, 126 Stat. 2205.)
- 1946Enacted · Act of Aug. 1, 1946, ch. 724 · 68 Stat. 941
- 1992Amended · Pub. L. 102-484 · 106 Stat. 2644
- 1992Amended · Pub. L. 102-486 · 106 Stat. 2944
- 1994Amended · Pub. L. 103-337 · 108 Stat. 3092
- 2013Amended · Pub. L. 112-239 · 126 Stat. 2205
A history note hasn’t been published yet. The record shows enactment by ch. 724 on 1946-08-01.
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