---
kind: "range"
citation: "42 U.S.C. §§ 2161–2165"
title: "42"
from: "2161"
to: "2165"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/42/2161..2165"
---

# §2161. Policy of Commission


It shall be the policy of the [Commission](/usc/42/2000ff.md?p=1) to control the dissemination and declassification of [Restricted Data](/usc/42/2014.md?p=y) in such a manner as to assure the common defense and security. Consistent with such policy, the [Commission](/usc/42/2000ff.md?p=1) shall be guided by the following principles:

- (a) Until effective and enforceable international safeguards against the use of atomic [energy](/usc/42/6311.md?p=7) for destructive purposes have been established by an international arrangement, there shall be no [exchange](/usc/42/300gg–91.md?p=d-21) of [Restricted Data](/usc/42/2014.md?p=y) with other nations except as authorized by [section 2164 of this title](/usc/42/2164.md); and
- (b) The dissemination of scientific and technical information relating to atomic [energy](/usc/42/6311.md?p=7) should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding and to enlarge the [fund](/usc/42/12854.md?p=3) of technical information.

# §2162. Classification and declassification of Restricted Data

- (a) **Periodic determination—** The [Commission](/usc/42/2000ff.md?p=1) shall from time to time determine the data, within the definition of [Restricted Data](/usc/42/2014.md?p=y), which can be published without undue risk to the common defense and security and shall thereupon [cause](/usc/42/9908.md?p=c-2) such data to be declassified and removed from the [category](/usc/42/1395w–4.md?p=j-1) of [Restricted Data](/usc/42/2014.md?p=y).
- (b) **Continuous review—** The [Commission](/usc/42/2000ff.md?p=1) shall maintain a continuous review of [Restricted Data](/usc/42/2014.md?p=y) and of any Classification Guides issued for the guidance of those in the atomic [energy](/usc/42/6311.md?p=7) [program](/usc/42/274l–1.md?p=4) with respect to the areas of [Restricted Data](/usc/42/2014.md?p=y) which have been declassified in order to determine which information may be declassified and removed from the [category](/usc/42/1395w–4.md?p=j-1) of [Restricted Data](/usc/42/2014.md?p=y) 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](/usc/42/2014.md?p=y) which the [Commission](/usc/42/2000ff.md?p=1) and the Department of Defense jointly determine to relate primarily to the military utilization of [atomic weapons](/usc/42/7384l.md?p=2), 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](/usc/42/2000ff.md?p=1) and the Department of Defense jointly, and if the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1) shall [remove](/usc/42/9601.md?p=23) from the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) such data as the [Commission](/usc/42/2000ff.md?p=1) and the Department of Defense jointly determine relates primarily to the military utilization of [atomic weapons](/usc/42/7384l.md?p=2) and which the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) shall be transmitted or otherwise made available to any nation or regional defense organization, while such data remains defense information, except pursuant to an [agreement for cooperation](/usc/42/2014.md?p=b) entered into in accordance with subsection (b) or (d) of [section 2164 of this title](/usc/42/2164.md).
  - (2) The [Commission](/usc/42/2000ff.md?p=1) may restore to the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) any information related to the design of nuclear weapons removed under [paragraph (1)](#d-1) if the [Commission](/usc/42/2000ff.md?p=1) and the Department of Defense jointly determine that—
    - (A) the programmatic requirements that caused the information to be removed from the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) are no longer applicable or have diminished;
    - (B) the information would be more appropriately protected as [Restricted Data](/usc/42/2014.md?p=y); and
    - (C) restoring the information to the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) is in the interest of national security.
  - (3) In carrying out [paragraph (2)](#d-2), information related to the design of nuclear weapons shall be restored to the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) in accordance with regulations prescribed for purposes of such paragraph.
- (e) **Joint determination on atomic energy programs—**
  - (1) The [Commission](/usc/42/2000ff.md?p=1) shall [remove](/usc/42/9601.md?p=23) from the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) such information concerning the atomic [energy](/usc/42/6311.md?p=7) [programs](/usc/42/274l–1.md?p=4) of other nations as the [Commission](/usc/42/2000ff.md?p=1) and the [Director](/usc/42/5061.md?p=1) of National Intelligence jointly determine to be necessary to carry out the provisions of section 102(d) of the National Security Act of 1947, as amended,[^1] and can be adequately safeguarded as defense information.
  - (2) The [Commission](/usc/42/2000ff.md?p=1) may restore to the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) any information concerning atomic [energy](/usc/42/6311.md?p=7) [programs](/usc/42/274l–1.md?p=4) of other nations removed under [paragraph (1)](#e-1) if the [Commission](/usc/42/2000ff.md?p=1) and the [Director](/usc/42/5061.md?p=1) of National Intelligence jointly determine that—
    - (A) the programmatic requirements that caused the information to be removed from the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) are no longer applicable or have diminished;
    - (B) the information would be more appropriately protected as [Restricted Data](/usc/42/2014.md?p=y); and
    - (C) restoring the information to the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) is in the interest of national security.
  - (3) In carrying out [paragraph (2)](#e-2), information concerning atomic [energy](/usc/42/6311.md?p=7) [programs](/usc/42/274l–1.md?p=4) of other nations shall be restored to the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) in accordance with regulations prescribed for purposes of such paragraph.

# §2163. Access to Restricted Data


The [Commission](/usc/42/2000ff.md?p=1) may authorize any of its [employees](/usc/42/1320a–7h.md?p=e-7), or [employees](/usc/42/1320a–7h.md?p=e-7) of any contractor, prospective contractor, licensee or prospective licensee of the [Commission](/usc/42/2000ff.md?p=1) or any other [person](/usc/42/1320a–7k.md?p=d-4-C-i) authorized access to [Restricted Data](/usc/42/2014.md?p=y) by the [Commission](/usc/42/2000ff.md?p=1) under section [2165(b)](/usc/42/2165.md?p=b) and [(c)](/usc/42/2165.md?p=c) of this title to permit any [employee](/usc/42/1320a–7h.md?p=e-7) of an [agency](/usc/42/2231.md?p=a) of the Department of Defense or of its contractors, or any member of the Armed Forces to have access to [Restricted Data](/usc/42/2014.md?p=y) required in the performance of his duties and so certified by the head of the appropriate [agency](/usc/42/2231.md?p=a) of the Department of Defense or his designee: Provided, however, That the head of the appropriate [agency](/usc/42/2231.md?p=a) of the Department of Defense or his designee has determined, in accordance with the established personnel security procedures and [standards](/usc/42/1320d.md?p=7) of such [agency](/usc/42/2231.md?p=a), that permitting the member or [employee](/usc/42/1320a–7h.md?p=e-7) to have access to such [Restricted Data](/usc/42/2014.md?p=y) will not endanger the common defense and security: And provided further, That the [Secretary](/usc/42/242q–4.md?p=2) of Defense finds that the established personnel and other security procedures and [standards](/usc/42/1320d.md?p=7) of such [agency](/usc/42/2231.md?p=a) are adequate and in reasonable conformity to the [standards](/usc/42/1320d.md?p=7) established by the [Commission](/usc/42/2000ff.md?p=1) under [section 2165 of this title](/usc/42/2165.md).


# §2164. International cooperation

- (a) **By Commission—** The President may authorize the [Commission](/usc/42/2000ff.md?p=1) to cooperate with another nation and to communicate to that nation [Restricted Data](/usc/42/2014.md?p=y) on—
  - (1) refining, purification, and subsequent [treatment](/usc/42/11851.md?p=11) of [source material](/usc/42/2014.md?p=z);
  - (2) civilian reactor development;
  - (3) production of [special nuclear material](/usc/42/2014.md?p=aa);
  - (4) health and safety;
  - (5) industrial and other applications of atomic [energy](/usc/42/6311.md?p=7) for peaceful purposes; and
  - (6) research and development relating to the foregoing:
- (b) **By Department of Defense—** The President may authorize the Department of Defense, with the assistance of the [Commission](/usc/42/2000ff.md?p=1), to cooperate with another nation or with a regional defense organization to which the [United States](/usc/42/403.md?p=k) is a party, and to communicate to that nation or organization such [Restricted Data](/usc/42/2014.md?p=y) (including design information) as is necessary to—
  - (1) the development of defense plans;
  - (2) the [training](/usc/42/285e–2.md?p=b-2) of personnel in the employment of and defense against [atomic weapons](/usc/42/7384l.md?p=2) and other military applications of atomic [energy](/usc/42/6311.md?p=7);
  - (3) the evaluation of the capabilities of potential enemies in the employment of [atomic weapons](/usc/42/7384l.md?p=2) and other military applications of atomic [energy](/usc/42/6311.md?p=7); and
  - (4) the development of compatible delivery systems for [atomic weapons](/usc/42/7384l.md?p=2);

  whenever the President determines that the proposed cooperation and the proposed communication of the [Restricted Data](/usc/42/2014.md?p=y) will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation or organization is participating with the [United States](/usc/42/403.md?p=k) pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an [agreement](/usc/42/1320b–8.md?p=a-3-A) entered into in accordance with [section 2153 of this title](/usc/42/2153.md).

- (c) **Exchange of information concerning atomic weapons; research, development, or design, of military reactors—** In addition to the cooperation authorized in subsections [(a)](#a) and [(b)](#b), the President may authorize the [Commission](/usc/42/2000ff.md?p=1), with the assistance of the Department of Defense, to cooperate with another nation and—
  - (1) to [exchange](/usc/42/300gg–91.md?p=d-21) with that nation [Restricted Data](/usc/42/2014.md?p=y) concerning [atomic weapons](/usc/42/7384l.md?p=2): Provided, That communication of such [Restricted Data](/usc/42/2014.md?p=y) to that nation is necessary to improve its [atomic weapon](/usc/42/7384l.md?p=2) design, development, or fabrication capability and provided that nation has made substantial progress in the development of [atomic weapons](/usc/42/7384l.md?p=2); and
  - (2) to communicate or [exchange](/usc/42/300gg–91.md?p=d-21) with that nation [Restricted Data](/usc/42/2014.md?p=y) concerning research, development, or design, of military reactors,

  whenever the President determines that the proposed cooperation and the communication of the proposed [Restricted Data](/usc/42/2014.md?p=y) will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation is participating with the [United States](/usc/42/403.md?p=k) pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an [agreement](/usc/42/1320b–8.md?p=a-3-A) entered into in accordance with [section 2153 of this title](/usc/42/2153.md).

- (d) **By Department of Energy—**
  - (1) In addition to the cooperation authorized in subsections [(a)](#a), [(b)](#b), and [(c)](#c), the President may, upon making a determination described in [paragraph (2)](#d-2), authorize the Department of [Energy](/usc/42/6311.md?p=7), with the assistance of the Department of Defense, to cooperate with another nation to communicate to that nation such [Restricted Data](/usc/42/2014.md?p=y), and the President may, upon making such determination, authorize the Department of Defense, with the assistance of the Department of [Energy](/usc/42/6311.md?p=7), to cooperate with another nation to communicate to that nation such data removed from the [Restricted Data](/usc/42/2014.md?p=y) [category](/usc/42/1395w–4.md?p=j-1) under [section 2162 of this title](/usc/42/2162.md), as is necessary for—
    - (A) the support of a [program](/usc/42/274l–1.md?p=4) for the control of and accounting for fissile material and other weapons material;
    - (B) the support of the control of and accounting for [atomic weapons](/usc/42/7384l.md?p=2);
    - (C) the verification of a treaty; and
    - (D) the establishment of international [standards](/usc/42/1320d.md?p=7) for the classification of data on [atomic weapons](/usc/42/7384l.md?p=2), data on fissile material, and related data.
  - (2) A determination referred to in [paragraph (1)](#d-1) is a determination that the proposed cooperation and proposed communication referred to in that paragraph—
    - (A) will promote the common defense and security interests of the [United States](/usc/42/403.md?p=k) and the nation concerned; and
    - (B) will not constitute an unreasonable risk to such common defense and security interests.
  - (3) Cooperation under this subsection shall be undertaken pursuant to an [agreement for cooperation](/usc/42/2014.md?p=b) entered into in accordance with [section 2153 of this title](/usc/42/2153.md).
- (e) **Communication of data by other Government agencies—** The President may authorize any [agency](/usc/42/2231.md?p=a) of the [United States](/usc/42/403.md?p=k) to communicate in accordance with the terms and conditions of an [agreement for cooperation](/usc/42/2014.md?p=b) arranged pursuant to subsection [(a)](#a), [(b)](#b), [(c)](#c), or [(d)](#d), such [Restricted Data](/usc/42/2014.md?p=y) as is determined to be transmissible under the [agreement for cooperation](/usc/42/2014.md?p=b) involved.

# §2165. Security restrictions

- (a) **On contractors and licensees—** No arrangement shall be made under [section 2051 of this title](/usc/42/2051.md), no contract shall be made or continued in effect under [section 2061 of this title](/usc/42/2061.md), and no license shall be issued under section [2133](/usc/42/2133.md) or [2134](/usc/42/2134.md) of this title, unless the [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/2014.md?p=y) until the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management shall have made an investigation and report to the [Commission](/usc/42/2000ff.md?p=1) on the character, associations, and loyalty of such individual, and the [Commission](/usc/42/2000ff.md?p=1) shall have determined that permitting such [person](/usc/42/1320a–7k.md?p=d-4-C-i) to have access to [Restricted Data](/usc/42/2014.md?p=y) will not endanger the common defense and security.
- (b) **Employment of personnel; access to Restricted Data—** Except as authorized by the [Commission](/usc/42/2000ff.md?p=1) or the General Manager upon a determination by the [Commission](/usc/42/2000ff.md?p=1) or General Manager that such action is clearly consistent with the national interest, no individual shall be employed by the [Commission](/usc/42/2000ff.md?p=1) nor shall the [Commission](/usc/42/2000ff.md?p=1) permit any individual to have access to [Restricted Data](/usc/42/2014.md?p=y) until the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management shall have made an investigation and report to the [Commission](/usc/42/2000ff.md?p=1) on the character, associations, and loyalty of such individual, and the [Commission](/usc/42/2000ff.md?p=1) shall have determined that permitting such [person](/usc/42/1320a–7k.md?p=d-4-C-i) to have access to [Restricted Data](/usc/42/2014.md?p=y) will not endanger the common defense and security.
- (c) **Acceptance of investigation and clearance granted by other Government agencies—** In lieu of the investigation and report to be made by the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management pursuant to [subsection (b)](#b) of this section, the [Commission](/usc/42/2000ff.md?p=1) may accept an investigation and report on the character, associations, and loyalty of an individual made by another Government [agency](/usc/42/2231.md?p=a) which conducts personnel security investigations, provided that a security clearance has been granted to such individual by another Government [agency](/usc/42/2231.md?p=a) based on such investigation and report.
- (d) **Investigations by FBI—** In the event an investigation made pursuant to subsections [(a)](#a) and [(b)](#b) of this section develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management shall refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/3058f.md?p=1) of Personnel Management for his information and appropriate action.
- (e) **Presidential investigation—**
  - (1) If the President deems it to be in the national interest he may from time to time determine that investigations of any group or class which are required by subsections [(a)](#a), [(b)](#b), and [(c)](#c) of this section be made by the Federal Bureau of Investigation.
  - (2) In the case of an individual employed in a [program](/usc/42/274l–1.md?p=4) known as a Special Access [Program](/usc/42/274l–1.md?p=4), any investigation required by subsections [(a)](#a), [(b)](#b), and [(c)](#c) of this section shall be made by the Federal Bureau of Investigation.
- (f) **Performance of personnel security investigations by FBI—**
  - (1) Notwithstanding the provisions of subsections [(a)](#a), [(b)](#b), and [(c)](#c) of this section, but subject to [subsection (e)](#e) of this section, a majority of the members of the [Commission](/usc/42/2000ff.md?p=1) may direct that an investigation required by such provisions on an individual described in [paragraph (2)](#f-2) be carried out by the Federal Bureau of Investigation rather than by the Civil Service [Commission](/usc/42/2000ff.md?p=1).
  - (2) An individual described in this paragraph is an individual who is employed—
    - (A) in a [program](/usc/42/274l–1.md?p=4) certified by a majority of the members of the [Commission](/usc/42/2000ff.md?p=1) to be of a high degree of importance or sensitivity; or
    - (B) in any other specific position certified by a majority of the members of the [Commission](/usc/42/2000ff.md?p=1) to be of a high degree of importance or sensitivity.
- (g) **Investigation standards—** The [Commission](/usc/42/2000ff.md?p=1) shall establish [standards](/usc/42/1320d.md?p=7) and specifications in writing as to the scope and extent of investigations, the reports of which will be utilized by the [Commission](/usc/42/2000ff.md?p=1) in making the determination, pursuant to subsections [(a)](#a), [(b)](#b), and [(c)](#c) of this section, that permitting a [person](/usc/42/1320a–7k.md?p=d-4-C-i) access to [restricted data](/usc/42/2014.md?p=y) will not endanger the common defense and security. Such [standards](/usc/42/1320d.md?p=7) and specifications shall be based on the location and class or kind of work to be done, and shall, among other considerations, take into account the degree of importance to the common defense and security of the [restricted data](/usc/42/2014.md?p=y) to which access will be permitted.
- (h) **War time clearance—** Whenever the Congress declares that a [state](/usc/42/201.md?p=f) of war exists, or in the event of a national [disaster](/usc/42/5204.md?p=2) due to enemy attack, the [Commission](/usc/42/2000ff.md?p=1) is authorized during the [state](/usc/42/201.md?p=f) of war or period of national [disaster](/usc/42/5204.md?p=2) due to enemy attack to employ individuals and to permit individuals access to [Restricted Data](/usc/42/2014.md?p=y) pending the investigation report, and determination required by [subsection (b)](#b), to the extent that and so long as the [Commission](/usc/42/2000ff.md?p=1) finds that such action is required to prevent impairment of its activities in furtherance of the common defense and security.