Restricted Data Restricted Data has always been a statutory term, having its genesis in the Atomic Energy Act of 1946. For a discussion of the evolution of such term in the Atomic Energy Act of 1946 and the Atomic Energy Act of 1954, and Declassification and removal of the Restricted Data category, See Comment under II, K (Atomic Energy Act, sec. 142) page 40. It is noted that the definition of Restricted Data does not concern itself with the source of the information involved, but only with its content. etc.). Restricted Data may sometimes be reflected in materials (e.g., certain classified shapes, alloys, Defense Information The specific definition of this term in the Atomic Energy Act of 1954 recognizes the interest of the United States Government in the protection of all Defense Information, whether Restricted Data or not. The term "Defense Information" becomes of increasing importance because of the authority in the Atomic Energy Act of 1954 to remove certain information from the category of Restricted Data while permitting it to retain its status as Defense Information. It should be emphasized that "Defense Information" is synonymous with "information affecting the national defense", and that while "Defense Information" includes many items which are not Restricted Data, Restricted Data on the other hand is always "Defense Information." Restricted Data, accordingly, is protected by laws concerning "information relating to the national defense." (See Cross-References to this section, above.) Special Nuclear Material The Atomic Energy Commission in 10 Code of Federal Regulations Part 70 ("Special Nuclear Material") pursuant to authority granted by Section 51 of the Atomic Energy Act, has defined "special nuclear material" as "(1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of Section 51 of the Act, determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing but does not include source material." The italicized phrase "uranium 233" is the addition to the statutory definition. Subsection 116 Atomic Energy Act subsection 11b was amended by Public Law 206, 87th Congress (Approved September 6, 1961) by the addition of the reference to "91c" after "82." Subsections 11 j to cc, inclusive Public Law 256, 85th Congress (approved September 2, 1957), added present subsections k., p., q., t. and w. Public Law 615, 87th Congress (approved August 29, 1962) further amended present subsections q. and t., and Public Law 206, 87th Congress (approved September 6, 1961) further amended present subsection w. to the present language quoted above. Public Law 1006, 84th Congress (approved August 6, 1956) amended present subsection bb. by adding the reference therein to Puerto Rico. Public Law 645, 89th Congress (approved October 13, 1966) added a new subsection j. (definition of "extraordinary nuclear occurrence"), and a new subsection m. (definition of "indemnitor"), added the words "including an extraordinary nuclear occurrence," in subsection q., and effected relettering of old subsections j. thru aa. as a result of the two new subsections. C. Sections 31-33 inclusive Research Assistance Text of Law "SEC. 31. RESEARCH ASSISTANCE. "a. The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to— "(1) nuclear processes; "(2) the theory and production of atomic energy, including processes, materials, and devices related to such production; "(3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes; "(4) utilization of special nuclear material, atomic energy, and radioactive material and processes, entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial uses, the generation of usable energy, and the demonstration of the practical value of utilization or production facilities for industrial or commercial purposes; and "(5) the protection of health and the promotion of safety during research and production activities. "b. The Commission is further authorized to make grants and contributions to the cost of construction and operation of reactors and other facilities and other equipment to colleges, universities, hospitals, and eleemosynary or charitable institutions for the conduct of educational and training activities relating to the fields in subsection a. "c. The Commission may (1) make arrangements pursuant to this section, without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable; (2) make partial and advance payments under such arrangements; and (3) make available for use in connection therewith such of its equipment and facilities as it may deem desirable. "d. The arrangements made pursuant to this section shall contain such provisions (1) to protect health, (2) to minimize danger to life or property, and (3) to require the reporting and to permit the inspection of work performed thereunder, as the Commission may determine. No such arrangement shall contain any provisions or conditions which prevent the dissemination of scientific or technical information, except to the extent such dissemination is prohibited by law. "SEC. 32. RESEARCH BY THE COMMISSION.-The Commission is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in section 31. "SEC. 33. RESEARCH FOR OTHERS.-Where the Commission finds private facilities or laboratories are inadequate to the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 31 as it deems appropriate to the development of atomic energy. To the extent the Commission determines that private facilities or laboratories are inadequate to the purpose, and that the Commission's facili ties, or scientific or technical resources have the potential of lending significant assistance to other persons in the fields of protection of public health and safety, the Commission may also assist other persons in these fields by conducting for such persons, through the Commission's own facilities, research and development or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section." Comment 41 U.S.C. 5 (Sec. 3709 of Revised Statutes) referred to in section 31c of the text, requires, generally, that purchases and contracts for supplies or service for the government are to be made only after appropriate solicitation of bids (advertising for proposals). Exceptions to this include situations where the amount of money involved does not exceed $2,500 in a single case. Sections 31 c and d above were previously sections 31 b and c until Public Law 1006, 84th Congress (approved August 6, 1956) added present 31b and renumbered such other subsections. Public Law 1006 also added the words "and training" after the words "research and development" in the first sentence of section 31a. Public Law 190, 90th Congress (approved December 14, 1967) amended Section 33 by the addition of the second sentence thereof appearing in the present text, and by broadening the reference in the third sentence to encompass such second sentence. D. Sections 41-44 inclusive Ownership and Operation of Production Facilities Text of Law "SEC. 41. OWNERSHIP AND OPERATION OF PRODUCTION FACILITIES. “a. Ownership of Production Facilities.-The Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all production facilities other than facilities which (1) are useful in the conduct of research and development activities in the fields specified in section 31, and do not, in the opinion of the Commission, have a potential production rate adequate to enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; or (2) are licensed by the Commission pursuant to section 103 or 104. "b. Operation of the Commission's Production Facilities.-The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports pertaining to activities under the contract to the Commission as the Commission may require, (B) to submit to inspection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be prescribed by the Commission. Any contract made under the provisions of this paragraph may be made without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advance payments may be made under such contracts. "c. Operation of Other Production Facilities. Special nuclear material may be produced in the facilities which under this section are not required to be owned by the Commission. "SEC. 42. IRRADIATION OF MATERIALS.-The Commission and persons lawfully producing or utilizing special nuclear material are authorized to expose materials of any kind to the radiation incident to the processes of producing or utilizing special nuclear material. "SEC. 43. ACQUISITION OF PRODUCTION FACILITIES.-The Commission is authorized to purchase any interest in facilities for the production of special nuclear materials, or in real property on which such facilities are located, without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advance payments may be made under contracts for such purposes. The Commission is further authorized to requisition, condemn, or otherwise acquire any interest in such production facilities, or to condemn or otherwise acquire such real property, and just compensation shall be made therefor. "SEC. 44. DISPOSITION OF ENERGY.-If energy is produced at production facilities of the Commission or is produced in experimental utilization facilities of the Commission, such energy may be used by the Commission, or transferred to other Government agencies, or sold to publicly, cooperatively, or privately owned utilities or users at reasonable and nondiscriminatory prices. 13 If the energy produced is electric energy, the price shall be subject to regulation by the appropriate agency having jurisdiction. In contracting for the disposal of such energy, the Commission shall give preference and priority to public bodies and cooperatives or to privately owned utilities providing electric utility services to high cost areas not being served by public bodies or cooperatives. Nothing in this Act shall be construed to authorize the Commission to engage in the sale or distribution of energy for commercial use except such energy as may be produced by the Commission incident to the operation of research and development facilities of the Commission, or of production facilities of the Commission." Cross-References Control and Distribution of Special Nuclear Material Section II E (Atomic Energy Act, secs. 51 and 53-58 inclusive) page 15. Comment 41 U.S.C. 5 (Sec. 3709 of Revised Statutes) referred to in section 41b and section 43 of the text, requires, generally, that purchases and contracts for supplies or services for the government are to be made only after appropriate solicitation of bids (advertising for proposals). Exceptions to this include situations where the amount of money involved does not exceed $2,500 in a single case. Public Law 190, 90th Congress (approved December 14, 1967) deleted the last sentence of the previous text of b. of section 41, which read as follows: "The President shall determine in writing at least once each year the quantities of special nuclear material to be produced under this section and shall specify in such determination the quantities of special nuclear material to be available for distribution by the Commission pursuant to section 53 or 54." The AEC regulation on "Licensing of Production and Utilization Facilities" (10 CFR Part 50) should be consulted for details of licensing regulations. |