42 U.S.C. § 2162 — Classification and declassification of Re-

Page 5469 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2162 • Sections 135(d)(1)–(d)(3), (d)(5)(B), and (d)(6) to the Secretary of State, in consultation with other relevant agencies as appropriate; • Section 135(d)(4) to the Secretary of State, in con- sultation with the Secretary of the Treasury as appro- priate, with respect to the requirement to submit the report described in that provision and to prepare each of the required elements of the report, with the excep- tion of the required assessment related to money laun- dering or terrorist finance activities in section 135(d)(4)(H); • Section 135(d)(4)(H) to the Secretary of the Treas- ury, in consultation with the Secretary of State, with respect to preparation of the assessment described in that provision for inclusion in the report required by section 135(d)(4). Any reference in this memorandum to provisions of any act related to the subject of this memorandum shall be deemed to include references to any hereafter enacted provisions of law that are the same or substan- tially the same as such provisions. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. SUBCHAPTER XI—CONTROL OF INFORMATION § 2161. Policy of Commission It shall be the policy of the Commission to control the dissemination and declassification of Restricted Data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guid- ed by the following principles: (a) Until effective and enforceable inter- national safeguards against the use of atomic energy for destructive purposes have been estab- lished by an international arrangement, there shall be no exchange of Restricted Data with other nations except as authorized by section 2164 of this title; and (b) The dissemination of scientific and tech- nical information relating to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criti- cism which is essential to scientific and indus- trial progress and public understanding and to enlarge the fund of technical information. (Aug. 1, 1946, ch. 724, title I, § 141, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 940; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1810(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2162. Classification and declassification of Re- stricted Data (a) Periodic determination The Commission shall from time to time de- termine the data, within the definition of Re- stricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be de- classified and removed from the category of Re- stricted Data. (b) Continuous review The Commission shall maintain a continuous review of Restricted Data and of any Classifica- tion Guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declas- sified in order to determine which information may be declassified and removed from the cat- egory of Restricted Data without undue risk to the common defense and security. (c) Joint determination on atomic weapons; Pres- idential determination on disagreement In the case of Restricted Data which the Com- mission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determina- tion that such data may be published without constituting an unreasonable risk to the com- mon defense and security shall be made by the Commission and the Department of Defense jointly, and if the Commission and the Depart- ment of Defense do not agree, the determination shall be made by the President. (d) Removal from Restricted Data category (1) The Commission shall remove from the Re- stricted Data category such data as the Com- mission and the Department of Defense jointly determine relates primarily to the military uti- lization of atomic weapons and which the Com- mission and Department of Defense jointly de- termine can be adequately safeguarded as de- fense 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 orga- nization, while such data remains defense infor- mation, except pursuant to an agreement for co- operation entered into in accordance with sub- section (b) or (d) of section 2164 of this title. (2) The Commission may restore to the Re- stricted Data category any information related to the design of nuclear weapons removed under paragraph (1) if the Commission and the Depart- ment of Defense jointly determine that— (A) the programmatic requirements that caused the information to be removed from the Restricted Data category are no longer ap- plicable or have diminished; (B) the information would be more appro- priately protected as Restricted Data; and (C) restoring the information to the Re- stricted Data category is in the interest of na- tional security. (3) In carrying out paragraph (2), information related to the design of nuclear weapons shall be restored to the Restricted Data category in ac- cordance with regulations prescribed for pur- poses of such paragraph. (e) Joint determination on atomic energy pro- grams (1) The Commission shall remove from the Re- stricted Data category such information con- cerning the atomic energy programs of other na- tions as the Commission and the Director of Na- tional Intelligence jointly determine to be nec- essary to carry out the provisions of section 102(d) of the National Security Act of 1947, as Page 5470 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2162 1 See References in Text note below. amended,1 and can be adequately safeguarded as defense information. (2) The Commission may restore to the Re- stricted Data category any information con- cerning atomic energy programs of other na- tions removed under paragraph (1) if the Com- mission and the Director of National Intel- ligence jointly determine that— (A) the programmatic requirements that caused the information to be removed from the Restricted Data category are no longer ap- plicable or have diminished; (B) the information would be more appro- priately protected as Restricted Data; and (C) restoring the information to the Re- stricted Data category is in the interest of na- tional security. (3) In carrying out paragraph (2), information concerning atomic energy programs of other na- tions shall be restored to the Restricted Data category in accordance with regulations pre- scribed for purposes of such paragraph. (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.) Editorial Notes REFERENCES IN TEXT 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 act July 26, 1947, ch. 343, title I, 61 Stat. 497, which was classified to section 403(d) of Title 50, War and National Defense, prior to repeal by Pub. L. 104–293, title VIII, § 805(a), Oct. 11, 1996, 110 Stat. 3477. AMENDMENTS 2013—Subsec. (d). Pub. L. 112–239, § 3163(1), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (e). Pub. L. 112–239, § 3163(2), designated exist- ing provisions as par. (1), substituted ‘‘National Intel- ligence’’ for ‘‘Central Intelligence’’, and added pars. (2) and (3). 1994—Subsec. (d). Pub. L. 103–337, § 3155(c)(2), sub- stituted ‘‘subsection (b) or (d) of section 2164 of this title’’ for ‘‘section 2164(b) of this title’’. Subsec. (f). Pub. L. 103–337, § 3155(c)(3), struck out sub- sec. (f) which read as follows: ‘‘Notwithstanding any other law, the President may publicly release Re- stricted 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). Statutory Notes and Related Subsidiaries REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICATION AND RELEASE Pub. L. 104–106, div. C, title XXXI, § 3155, Feb. 10, 1996, 110 Stat. 625, which was formerly set out as a note under this section, was renumbered section 4521 of Pub. L. 107–314, the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(11), Nov. 24, 2003, 117 Stat. 1774, and is classified to section 2671 of Title 50, War and Na- tional Defense. Executive Documents EX. ORD. NO. 10899. COMMUNICATION OF RESTRICTED DATA BY CENTRAL INTELLIGENCE AGENCY Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, pro- vided: By virtue of the authority vested in me by the Atom- ic 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 accord- ance 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 re- stricted 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 De- partment 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 communica- tions shall be effected through mechanisms established by the Central Intelligence Agency in accordance with the terms and conditions of the agreement for coopera- tion involved: Provided, that no such communication shall be made by the Central Intelligence Agency until the proposed communication has been authorized ei- ther in accordance with procedures adopted by the Atomic Energy Commission and the Department of De- fense and applicable to conduct of programs for co- operation by those agencies, or in accordance with pro- cedures approved by the Atomic Energy Commission and the Department of Defense and applicable to con- duct of programs for cooperation by the Central Intel- ligence 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 En- ergy 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, pro- vided: By virtue of the authority vested in me by the Atom- ic 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 condi- tions of any agreement for cooperation arranged pursu- ant 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 De- partment 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 trans- missible under the agreement for cooperation involved. Such communications shall be effected through mecha- nisms established by the Department of State in ac- Page 5471 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2164 cordance with the terms and conditions of the agree- ment for cooperation involved: Provided, that no such communication shall be made by the Department of State until the proposed communication has been au- thorized 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 Commis- sion and the Department of Defense and applicable to conduct of programs for cooperation by the Depart- ment 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 En- ergy 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. § 2163. Access to Restricted Data The Commission may authorize any of its em- ployees, or employees of any contractor, pro- spective contractor, licensee or prospective li- censee of the Commission or any other person authorized access to Restricted Data by the Commission under section 2165(b) and (c) of this title to permit any employee of an agency of the Department of Defense or of its contractors, or any member of the Armed Forces to have access to Restricted Data required in the performance of his duties and so certified by the head of the appropriate agency of the Department of De- fense or his designee: Provided, however, That the head of the appropriate agency of the De- partment of Defense or his designee has deter- mined, in accordance with the established per- sonnel security procedures and standards of such agency, that permitting the member or em- ployee to have access to such Restricted Data will not endanger the common defense and secu- rity: And provided further, That the Secretary of Defense finds that the established personnel and other security procedures and standards of such agency are adequate and in reasonable con- formity to the standards established by the Commission under section 2165 of this title. (Aug. 1, 1946, ch. 724, title I, § 143, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 941; amended Aug. 6, 1956, ch. 1015, § 14, 70 Stat. 1071; Pub. L. 87–206, § 5, Sept. 6, 1961, 75 Stat. 476; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1961—Pub. L. 87–206 inserted reference to subsection (c) of section 2165 of this title. 1956—Act Aug. 6, 1956, inserted ‘‘or any other person authorized access to Restricted Data by the Commis- sion under section 2165(b) of this title’’. § 2164. International cooperation (a) By Commission The President may authorize the Commission to cooperate with another nation and to commu- nicate to that nation Restricted Data on— (1) refining, purification, and subsequent treatment of source material; (2) civilian reactor development; (3) production of special nuclear material; (4) health and safety; (5) industrial and other applications of atomic energy for peaceful purposes; and (6) research and development relating to the foregoing: Provided, however, That no such cooperation shall involve the communication of Restricted Data relating to the design or fabrication of atomic weapons: And provided further, That the cooperation is undertaken pursuant to an agree- ment for cooperation entered into in accordance with section 2153 of this title, or is undertaken pursuant to an agreement existing on August 30, 1954. (b) By Department of Defense The President may authorize the Department of Defense, with the assistance of the Commis- sion, to cooperate with another nation or with a regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data (including design information) as is nec- essary to— (1) the development of defense plans; (2) the training of personnel in the employ- ment of and defense against atomic weapons and other military applications of atomic en- ergy; (3) the evaluation of the capabilities of po- tential enemies in the employment of atomic weapons and other military applications of atomic energy; and (4) the development of compatible delivery systems for atomic weapons; whenever the President determines that the pro- posed cooperation and the proposed communica- tion of the Restricted Data will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation or organization is participating with the United States pursuant to an international ar- rangement by substantial and material con- tributions to the mutual defense and security: Provided, however, That the cooperation is un- dertaken pursuant to an agreement entered into in accordance with section 2153 of this title. (c) Exchange of information concerning atomic weapons; research, development, or design, of military reactors In addition to the cooperation authorized in subsections (a) and (b), the President may au- thorize the Commission, with the assistance of the Department of Defense, to cooperate with another nation and— (1) to exchange with that nation Restricted Data concerning atomic weapons: Provided, That communication of such Restricted Data to that nation is necessary to improve its atomic weapon design, development, or fab- rication capability and provided that nation has made substantial progress in the develop- ment of atomic weapons; and (2) to communicate or exchange with that nation Restricted Data concerning research, development, or design, of military reactors, whenever the President determines that the pro- posed cooperation and the communication of the