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42 U.S.C. § 2163 — Access to Restricted Data
Federal law — U.S. Code and appendices · legal_authorities
The Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee or prospective licensee 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 Defense or his designee: Provided, however, That the head of the appropriate agency of the Department of Defense or his designee has determined, in accordance with the established personnel security procedures and standards of such agency, that permitting the member or employee to have access to such Restricted Data will not endanger the common defense and security: 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 conformity to the standards established by the Commission under [section 2165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2165&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_3f0239431125a473c4f8822b
Source file: Laws/federal/codes/united-states-code/title-42/section-2163-access-to-restricted-data--3e7d6c1d36.md
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Passage SHA-256: 69fd73dc206ca360281fae65c1fccfaac1958534a13b52d36b38f8a8a9dcfb7f
Source location: Title 42, Chapter 23, § 2163; chapter-023-development-and-control-of-atomic-energy.md
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The Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee or prospective licensee 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 Defense or his designee: Provided, however, That the head of the appropriate agency of the Department of Defense or his designee has determined, in accordance with the established personnel security procedures and standards of such agency, that permitting the member or employee to have access to such Restricted Data will not endanger the common defense and security: 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 conformity to the standards established by the Commission under [section 2165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2165&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) On contractors and licensees** No arrangement shall be made under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim), no contract shall be made or continued in effect under [section 2061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2061&num=0&edition=prelim), and no license shall be issued under section 2133 or 2134 of this title, unless the person with whom such arrangement is made, the contractor or prospective contractor, or the prospective licensee agrees in writing not to permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security.
**(b) Employment of personnel; access to Restricted Data** Except as authorized by the Commission or the General Manager upon a determination by the Commission or General Manager that such action is clearly consistent with the national interest, no individual shall be employed by the Commission nor shall the Commission permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security.
**(c) Acceptance of investigation and clearance granted by other Government
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2165
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed.
**(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter.
**(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter.
**(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator.
**(e) Transfer to Administrator of certain functions of Secretary of the Interior
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815
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Federal law — U.S. Code and appendices · legal_authorities
The Administrator shall establish such security requirements, restrictions, and safeguards as the Administrator deems necessary in the interest of the national security. The Administrator may arrange with the Director of the Office of Personnel Management for the conduct of such security or other personnel investigations of the Administration’s officers, employees, and consultants, and its contractors and subcontractors and their officers and employees, actual or prospective, as the Administrator deems appropriate. If any such investigation develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Administrator.
Source: Supplied U.S. Code snapshot — release unconfirmed · 51 U.S.C. § 20132
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Federal law — U.S. Code and appendices · legal_authorities
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-
par
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2163
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