"SEC. 146. GENERAL PROVISIONS.

"a. Sections 141 to 145, inclusive, shall not exclude the applicable provisions of any other laws, except that no Government agency shall take any action under such other laws inconsistent with the provisions of those sections.

"b. The Commission shall have no power to control or restrict the dissemination of information other than as granted by this or any other law."

Cross-References

Definition of Restricted Data-See section II B (Atomic Energy Act, sec. 11), page 8. "Agreement for Cooperation"-Definition-See II B (Atomic Energy Act, sec. 11, Definitions), page 7.

Military Application of Atomic Energy and International Cooperation-See II H (Atomic Energy Act, secs. 91 and 92), pages 27 and 28, and II J (Atomic Energy Act, secs. 121–125), pages 33-36.

Executive Order No. 10841 (as amended)-See comments under II J (Atomic Energy Act, sec. 123), page 35.

Comment

Section 142

"Restricted Data" is a term of statutory origin, first defined in the Atomic Energy Act of

1946.

The Atomic Energy Act of 1946 defines Restricted Data as follows:

"all data concerning the manufacture or utilization of atomic weapons, the production of fissionable material, or the use of fissionable material in the production of power, but shall not include any data which the Commission from time to time determines may be published without adversely affecting the common defense and security."

As a result of the 1946 statutory definition, it was commented in previous manuals that the statutory definition of Restricted Data gave the Atomic Energy Commission the sole authority to remove from the confines of such concept, information which would otherwise fall within the definition of Restricted Data.

Under the terms of the Atomic Energy Act of 1954, the authority of determining which data shall be removed from the category of Restricted Data is shared by the Atomic Energy Commission, in pertinent areas, with the Department of Defense or the Central Intelligence Agency. The AEC remains responsible, however, for effecting the removal following such determination.

As contrasted with the 1946 Act, the test of declassifiability under the Atomic Energy Act of 1954 is not whether Restricted Data can be published without adversely affecting, but rather whether it can be published without undue risk to, the common defense and security.

It is emphasized that where the determination by the Atomic Energy Commission (with the concurrence of the Department of Defense, where appropriate) is that the Restricted Data information can be published without undue risk to the common defense and security, the Atomic Energy Commission shall remove such data from the category of Restricted Data and declassify it. On the other hand, in the case of certain information relating primarily to the military utilization of atomic weapons and certain information relating to the atomic energy programs of other nations which it is determined by the interested agencies (referred to above) can be adequately safeguarded as defense information, the Atomic Energy Commission shall remove such data from the category of Restricted Data, but the information shall continue to be classified and subject to the protection of Federal law.

The National Security Act, section 102d, referred to in the text of section 142 of the law, above, outlines the intelligence functions of the Central Intelligence Agency.

For further comments on Restricted Data, see "Comments" under section II B, above, page 9.

Section 143

Public Law 1006, 84th Congress (approved August 6, 1956), amended section 143 of the Atomic Energy Act of 1954 by inserting between the words "licensee of the Commission" and the words "to permit any employee," the phrase "or any other person authorized access to Restricted Data by the Commission under subsection 145b."

Public Law 206, 87th Congress (approved September 6, 1961), changed the phrase "under subsection 145b" to "under subsections 145b and 145c."

Section 144

Public Law 479, 85th Congress (approved July 2, 1958), amended section 144 of the Atomic Energy Act in the following particulars:

(1) Subsection 144a (2) was amended by changing the phrase "reactor development" to "civilian reactor development."

(2) Subsection 144b was amended by enactment of a new subsection, as quoted in text of law, above.

(3) Subsections 144c and 144d were added to the statute.

As originally enacted in the Atomic Energy Act of 1954, and as contained in our Manual on Statutes issued January 1957, section 144b read:

"b. The President may authorize the Department of Defense, with the assistance of the Commission, to cooperate with another nation or with a regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data as is necessary to

and

"(1) the development of defense plans;

"(2) the training of personnel in the employment of and defense against atomic weapons;

"(3) the evaluation of the capabilities of potential enemies in the employment of atomic

weapons,

while such other nation or organization is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That no such cooperation shall involve communication of Restricted Data relating to the design or fabrication of atomic weapons except with regard to external characteristics, including size, weight, and shape, yields and effects, and systems employed in the delivery or use thereof but not including any data in these categories unless in the joint judgment of the Commission and the Department of Defense such data will not reveal important information concerning the design or fabrication of the nuclear components of an atomic weapon: And provided further, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 123.

Executive Order 10899

Executive Order 10899 of December 12, 1960, which affects section 144, reads as follows:

EXECUTIVE ORDER 10899

AUTHORIZATION FOR THE COMMUNICATION OF RESTRICTED DATA BY THE CENTRAL INTELLIGENCE

AGENCY

"By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et seq.), and as President of the United States, it is ordered as follows:

"The Central Intelligence Agency is hereby authorized to communicate for intelligence purposes, in accordance with the terms and conditions of any agreement for cooperation arranged pursuant

to subsections 144a, b, or c of the Act (42 U.S.C. 2162 (a), (b), or (c)), such Restricted Data and data removed from the Restricted Data category under subsection 142d of the Act (42 U.S.C. 2162 (d)) as is determined

(i) by the President, pursuant to the provisions of the Act, or

(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions of Executive Order No. 10841,

to be transmissible under the agreement for cooperation involved. Such communications shall be effected through mechanisms established by the Central Intelligence Agency in accordance with the terms and conditions of the agreement for cooperation involved: Provided, that no such communication shall be made by the Central Intelligence Agency until the proposed communication has been authorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by the Central Intelligence Agency. DWIGHT D. EISENHOWER”

THE WHITE HOUSE.

Executive Order 11057

Executive Order 11057 of October 18, 1962, which also affects Atomic Energy Act section 144, recites the following:

THE WHITE HOUSE

EXECUTIVE ORDER

October 18, 1962

AUTHORIZATION FOR THE COMMUNICATION OF RESTRICTED DATA BY THE DEPARTMENT OF STATE

"By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et seq.), and as President of the United States, it is ordered as follows:

"The Department of State is hereby authorized to communicate, in accordance with the terms and conditions of any agreement for cooperation arranged pursuant to subsection 144b of the Act (42 U.S.C. 2164(b)), such Restricted Data and data removed from the Restricted Data category under subsection 142d of the Act (42 U.S.C. 2162 (d)) as is determined

(i) by the President, pursuant to the provisions of the Act, or

(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions of Executive Order No. 10841, as amended,

to be transmissible under the agreement for cooperation involved. Such communications shall be effected through mechanisms established by the Department of State in accordance with the terms and conditions of the agreement for cooperation involved: Provided, that no such communication shall be made by the Department of State until the proposed communication has been authorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by the Department of State.

JOHN F. KENNEDY"

Section 145

Public Law 681, 85th Congress (approved August 19, 1958), added a new subsection 145g (presently, subsec. 145h).

Public Law 206, 87th Congress (approved September 6, 1961), redesignated preexisting subsections 145 c and g as 145 d and h, respectively, and added new subsections c, e, f, and g.

Public Law 615, 87th Congress (approved August 29, 1962), amended subsection 145f by striking the comma in the phrase "the investigation, and reports required by such provisions * * *"