42 U.S.C. § 2161 — Policy of Commission

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