--- kind: "section" citation: "10 U.S.C. § 6232" title: "10" title_heading: "Armed Forces" number: "6232" heading: "Protection against inadvertent release of restricted data and formerly restricted data" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/6232" units: - "Subtitle A — General Military Law" - "Part VI — Elements of Department of Defense and Other Matters" - "Subpart B — Atomic Energy Defense" - "Chapter 605 — Safeguards and Security Matters" - "Subchapter II — Classified Information" --- # §6232. Protection against inadvertent release of restricted data and formerly restricted data - (a) **Plan for Protection Against Release.—** The [Secretary](/usc/10/4951.md?p=3) of Energy and the Archivist of the [United States](/usc/10/101.md?p=a-1) shall, after consultation with the members of the [National Security](/usc/10/801.md?p=16) Council and in consultation with the [Secretary](/usc/10/4951.md?p=3) of Defense and the heads of other appropriate Federal [agencies](/usc/10/3451.md?p=3), develop a plan to prevent the inadvertent [release](/usc/10/2700.md?p=2) of [records](/usc/10/801.md?p=14) containing Restricted Data or Formerly Restricted Data during the automatic declassification of [records](/usc/10/801.md?p=14) under Executive Order No. 13526 ([50 U.S.C. 3161](/usc/50/3161.md) note). - (b) **Plan Elements.—** The plan under [subsection (a)](#a) shall include the following: - (1) The actions to be taken in order to ensure that [records](/usc/10/801.md?p=14) 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](/usc/10/301.md?p=9), 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](/usc/10/2700.md?p=2). - (5) Procedures for periodic review and evaluation by the [Secretary](/usc/10/4951.md?p=3) of Energy, in consultation with the Director of the Information Security Oversight Office of the National Archives and [Records](/usc/10/801.md?p=14) Administration, of compliance by Federal [agencies](/usc/10/3451.md?p=3) with the plan. - (6) Procedures for resolving disagreements among Federal [agencies](/usc/10/3451.md?p=3) 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)](#c-3), a [record](/usc/10/801.md?p=14) referred to in [subsection (a)](#a) may not be declassified unless the [agency](/usc/10/3451.md?p=3) having custody of the [record](/usc/10/801.md?p=14) reviews the [record](/usc/10/801.md?p=14) on a page-by-page basis to ensure that the [record](/usc/10/801.md?p=14) does not contain Restricted Data or Formerly Restricted Data. - (2) Any [record](/usc/10/801.md?p=14) determined as a result of a review under [paragraph (1)](#c-1) to contain Restricted Data or Formerly Restricted Data may not be declassified until the [Secretary](/usc/10/4951.md?p=3) of Energy, in conjunction with the head of the [agency](/usc/10/3451.md?p=3) having custody of the [record](/usc/10/801.md?p=14), 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)](#a) to the committees referred to in paragraphs [(1)](#d-1) and [(2)](#d-2) of subsection (d), the requirement under [paragraph (1)](#c-1) to review a [record](/usc/10/801.md?p=14) on a page-by-page basis shall not apply in the case of a [record](/usc/10/801.md?p=14) determined, under the actions specified in the plan pursuant to [subsection (b)(1)](#b-1), to be a [record](/usc/10/801.md?p=14) that is highly unlikely to contain Restricted Data or Formerly Restricted Data. - (d) **Submission of Plan.—** The [Secretary](/usc/10/4951.md?p=3) of Energy shall submit the plan required under [subsection (a)](#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](/usc/10/801.md?p=16) Affairs. - (e) **Report and Notification Regarding Inadvertent Releases.—** - (1) The [Secretary](/usc/10/4951.md?p=3) of Energy shall submit to the committees and Assistant to the President specified in [subsection (d)](#d) a report on inadvertent [releases](/usc/10/2700.md?p=2) of Restricted Data or Formerly Restricted Data under Executive Order No. 12958 that occurred before October 17, 1998. - (2) The [Secretary](/usc/10/4951.md?p=3) of Energy shall, in each even-numbered year beginning in 2010, submit to the committees and Assistant to the President specified in [subsection (d)](#d) a report identifying any inadvertent [releases](/usc/10/2700.md?p=2) of Restricted Data or Formerly Restricted Data under Executive Order No. 13526 discovered in the two-year period preceding the submittal of the report. ## Source credit (Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1409, 1462.) ## Notes ### Editorial Notes ### References in Text Executive Order No. 12958, referred to in subsec. (e)(1), is Ex. Ord. No. 12958, Apr. 17, 1995, 60 F.R. 19825, which was formerly set out as a note under section 3161 of Title 50, War and National Defense, and was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731. ### Prior Provisions Provisions similar to those in this section were contained in section 2672 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1). ### Amendments 2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.