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10 U.S.C. § 6232 — Protection against inadvertent release of restricted data and formerly restricted data
Federal law — U.S. Code and appendices · legal_authorities
**(a) Plan for Protection Against Release.—** The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data or Formerly Restricted Data during the automatic declassification of records under 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).
**(b) Plan Elements.—** The plan under subsection (a) shall include the following:
(1) The actions to be taken in order to ensure that records subject to Executive Order No. 13526 are reviewed on a page-by-page basis for Restricted Data and Formerly Restricted Data unless they have been determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
(2) The criteria and process by which documents are determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
(3) The actions to be taken in order to ensure proper training, supervision, and evaluation of personnel engaged in declassification under that Executive order so that such personnel recognize Restricted Data and Formerly Restricted Data.
(4) The extent to which automated declassification technologies will be used under that Executive order to protect Restricted Data and Formerly Restricted Data from inadvertent release.
(5) Procedures for periodic review and evaluation by the Secretary of Energy, in consultation with the Director of the Information Security Oversight Office of the National Archives and Records Administration, of compliance by Federal age
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Source file: Laws/federal/codes/united-states-code/title-10/section-6232-protection-against-inadvertent-release-of-restricted-data-and-formerly-r--42ab5ba71e.md
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Source location: Title 10, Chapter 605, § 6232; chapter-605-safeguards-and-security-matters.md
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**(a) Plan for Protection Against Release.—** The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data or Formerly Restricted Data during the automatic declassification of records under 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).
**(b) Plan Elements.—** The plan under subsection (a) shall include the following:
(1) The actions to be taken in order to ensure that records subject to Executive Order No. 13526 are reviewed on a page-by-page basis for Restricted Data and Formerly Restricted Data unless they have been determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
(2) The criteria and process by which documents are determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
(3) The actions to be taken in order to ensure proper training, supervision, and evaluation of personnel engaged in declassification under that Executive order so that such personnel recognize Restricted Data and Formerly Restricted Data.
(4) The extent to which automated declassification technologies will be used under that Executive order to protect Restricted Data and Formerly Restricted Data from inadvertent release.
(5) Procedures for periodic review and evaluation by the Secretary of Energy, in consultation with the Director of the Information Security Oversight Office of the National Archives and Records Administration, of compliance by Federal agencies with the plan.
(6) Procedures for resolving disagreements among Federal agencies regarding declassification procedures and decisions under the plan.
(7) The funding, personnel, and other resources required to carry out the plan.
(8) A timetable for implementation of the plan.
**(c) Limitation on Declassification of Certain Records.—**
(1) Effective on October 17, 1998, and except as provided in paragraph (3), a record referred to in subsection (a) may not be declassified unless the agency having custody of the record reviews the record on a page-by-page basis to ensure that the record does not contain Restricted Data or Formerly Restricted Data.
(2) Any record determined as a result of a review under paragraph (1) to contain Restricted Data or Formerly Restricted Data may not be declassified until the Secretary of Energy, in conjunction with the head of the agency having custody of the record, determines that the document is suitable for declassification.
(3) After the date occurring 60 days after the submission of the plan required by subsection (a) to the committees referred to in paragraphs (1) and (2) of subsection (d), the requirement under paragraph (1) to review a record on a page-by-page basis shall not apply in the case of a record determined, under the actions specified in the plan pursuant to subsection (b)(1), to be a record that is highly unlikely to contain Restricted Data or Formerly Restricted Data.
**(d) Submission of Plan.—** The Secretary of Energy shall submit the plan required under subsection (a) to the following:
(1) The Committee on Armed Services of the Senate.
(2) The Committee on Armed Services of the House of Representatives.
(3) The Assistant to the President for National Security Affairs.
**(e) Report and Notification Regarding Inadvertent Releases.—**
(1) The Secretary of Energy shall submit to the committees and Assistant to the President specified in subsection (d) a report on inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 12958 that occurred before October 17, 1998.
(2) The Secretary of Energy shall, in each even-numbered year beginning in 2010, submit to the committees and Assistant to the President specified in subsection (d) a report identifying any inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 13526 discovered in the two-year period preceding the submittal of the report.
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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
### 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
**(a)** Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum—
(1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States;
(2) establish uniform minimum requirements governing the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Government who require access to classified information as part of their official responsibilities;
(3) provide that all employees in the executive branch of Government who require access to classified information shall be required as a condition of such access to provide to the employing department or agency written consent which permits access by an authorized investigative agency to relevant financial records, other financial information, consumer reports, travel records, and computers used in the performance of Government duties, as determined by the President, in accordance with [section 3162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162&num=0&edition=prelim), during the period of access to classified information and for a period of three years thereafter;
(4) provide that all employees in the executive branch of Government who require
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3172
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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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