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10 U.S.C. § 6231 — Review of certain documents before declassification and release
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Energy shall ensure that, before a document of the Department of Energy that contains national security information is released or declassified, such document is reviewed to determine whether it contains Restricted Data.
**(b) Limitation on Declassification.—** The Secretary may not implement the automatic declassification provisions of Executive Order No. 13526 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note) if the Secretary determines that such implementation could result in the automatic declassification and release of documents containing Restricted Data.
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Stable record: federal_law:legal_authorities:record_usc_8c74715462210184583d036e
Source file: Laws/federal/codes/united-states-code/title-10/section-6231-review-of-certain-documents-before-declassification-and-release--9a8aed811d.md
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Source location: Title 10, Chapter 605, § 6231; chapter-605-safeguards-and-security-matters.md
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**(a) In General.—** The Secretary of Energy shall ensure that, before a document of the Department of Energy that contains national security information is released or declassified, such document is reviewed to determine whether it contains Restricted Data.
**(b) Limitation on Declassification.—** The Secretary may not implement the automatic declassification provisions of Executive Order No. 13526 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note) if the Secretary determines that such implementation could result in the automatic declassification and release of documents containing Restricted Data.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
**(b) “Operational files” defined** In this section, the term “operational files” means—
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
**(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**
(1) 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 ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2162
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2671, Pub. L. 107–314, div. D, title XLV, § 4521, formerly Pub. L. 104–106, div. C, title XXXI, § 3155, Feb. 10, 1996, 110 Stat. 625; renumbered Pub. L. 107–314, div. D, title XLV, § 4521, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(11), Nov. 24, 2003, 117 Stat. 1774; amended Pub. L. 112–239, div. C, title XXXI, § 3131(p), Jan. 2, 2013, 126 Stat. 2183; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(G), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 113–291, div. C, title XXXI, § 3142(l), Dec. 19, 2014, 128 Stat. 3901, required review of certain documents containing national security information before declassification and release. See [section 6231 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6231&num=0&edition=prelim), Armed Forces.
Section 2672, Pub. L. 107–314, div. D, title XLV, § 4522, formerly Pub. L. 105–261, div. C, title XXXI, § 3161, Oct. 17, 1998, 112 Stat. 2259; Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3193(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–480; renumbered Pub. L. 107–314, div. D, title XLV, § 4522, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(h)(12), Nov. 24, 2003, 117 Stat. 1774; Pub. L. 110–417, div. C, title XXXI, § 3123, Oct. 14, 2008, 122 Stat. 4759; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(H), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 113–291, div. C, title XXXI, § 3142(m), Dec. 19, 2014, 128 Stat. 3901; Pub. L. 114–328, div. C, title XXXI, § 3137(a), Dec. 23, 2016, 130 Stat. 2771, related to development of plan to protect against inadvertent release of Restricted Data and Formerly Restricted Data. See [section 6232 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:US
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2701, 2702
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Federal law — U.S. Code and appendices · legal_authorities
Page 705
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3161
provisions of section 552 of title 5 (commonly
referred to as the Freedom of Information
Act), and such order shall be the exclusive
remedy for failure to comply with this section.
(F) If at any time following the filing of a
complaint pursuant to this paragraph the Of-
fice agrees to search each appropriate exempt-
ed file for the requested records, the court
shall dismiss the claim based upon such com-
plaint.
(g) Definitions
In this section:
(1) The term ‘‘exempted operational file’’
means a file of an element of the intelligence
community that, in accordance with this sub-
chapter, is exempted from the provisions of
section 552 of title 5 that require search, re-
view, publication, or disclosure of such file.
(2) Except as otherwise specifically provided,
the term ‘‘Office’’ means the Office of the Di-
rector of National Intelligence.
(July 26, 1947, ch. 343, title VII, § 706, as added
Pub. L. 111–259, title IV, § 408(a), Oct. 7, 2010, 124
Stat. 2722.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (f)(2)(D), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
CODIFICATION
Section was formerly classified to section 432d of this
title prior to editorial reclassification and renumbering
as this section.
SUBCHAPTER VI—ACCESS TO CLASSIFIED
INFORMATION
§ 3161. Procedures
(a) Not later than 180 days after October 14,
1994, the President shall, by Executive order or
regulation, establish procedures to govern ac-
cess to classified information which shall be
binding upon all departments, agencies, and of-
fices of the executive branch of Government.
Such procedures shall, at a minimum—
(1) provide that, except as may be pe
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3161
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