42 USC 2162(a): Information Regarding Atomic Energy: Restricted and Formerly Restricted Data (A.E. Act of 1954) (specific applicable sections must be invoked)

          
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 102(d) 
of the National Security Act of 1947, as amended,\1\ 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 102(d) of the National Security Act of 1947, as amended, 
referred to in subsec. (e), was a reference to section 102(d) of act 
July 26, 1947, ch. 343, title I, 61 Stat. 497, as amended, which was 
classified to section 403(d) of Title 50, War and National Defense, 
prior to repeal by Pub. L. 104-293, title VIII, Sec. 805(a), Oct. 11, 
1996, 110 Stat. 3477.
                               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).

                         Change of Name

    Reference to the Director of Central Intelligence or the Director of 
the Central Intelligence Agency in the Director's capacity as the head 
of the intelligence community deemed to be a reference to the Director 
of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of Title 50, War and National Defense.
     Review of Certain Documents Before Declassification and Release

    Pub. L. 104-106, div. C, title XXXI, Sec. 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 Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. 
C, title XXXI, Sec. 3141(h)(11), Nov. 24, 2003, 117 Stat. 1774, and is 
classified to section 2671 of Title 50, War and National Defense.

    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.