Title 10, Armed ForcesRelease 119-110

§6232 Protection Against Inadvertent Release of Restricted Data and Formerly Restricted Data

Title 10 › 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

Last updated Sep 22, 2026|Official source

Summary

Require the Secretary of Energy and the Archivist to create a plan, after talking with members of the National Security Council and consulting the Secretary of Defense and other agency heads, to stop accidentally releasing nuclear Restricted Data and Formerly Restricted Data during automatic declassification. The plan must say that records will be checked page-by-page unless they are clearly unlikely to contain such data, describe how to decide a record is unlikely, set rules for training and supervising people who do the reviews, say how and when automated tools will be used, explain how the Secretary of Energy (with the Information Security Oversight Office of the National Archives) will check agency compliance, provide a way to settle agency disputes, list needed money and staff, and give a schedule for putting the plan into action. Starting October 17, 1998, agencies must review records page-by-page before declassifying them to make sure no Restricted Data or Formerly Restricted Data appears. If such data is found, the Secretary of Energy and the agency head must agree before the record can be declassified. Sixty days after the plan is sent to the House and Senate Armed Services Committees, the page-by-page rule does not apply to records the plan labels as highly unlikely to contain those data. The Secretary of Energy must send the plan to the two Armed Services Committees and the President’s national security assistant, report past accidental releases before October 17, 1998, and then report every even-numbered year starting in 2010 on any accidental releases found in the prior two years.

Full Legal Text

Title 10, §6232

Armed Forces, Source: USLM XML via OLRC

(a)Plan for Protection Against Release.—
The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data or Formerly Restricted Data during the automatic declassification of records under Executive Order No. 13526 (50 U.S.C. 3161 note).
(b)Plan Elements.—
The plan under subsection (a) shall include the following:
(1)The actions to be taken in order to ensure that records 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, 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.
(5)Procedures for periodic review and evaluation by the Secretary of Energy, in consultation with the Director of the Information Security Oversight Office of the National Archives and Records Administration, of compliance by Federal agencies with the plan.
(6)Procedures for resolving disagreements among Federal agencies 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), a record referred to in subsection (a) may not be declassified unless the agency having custody of the record reviews the record on a page-by-page basis to ensure that the record does not contain Restricted Data or Formerly Restricted Data.
(2)Any record determined as a result of a review under paragraph (1) to contain Restricted Data or Formerly Restricted Data may not be declassified until the Secretary of Energy, in conjunction with the head of the agency having custody of the record, 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) to the committees referred to in paragraphs (1) and (2) of subsection (d), the requirement under paragraph (1) to review a record on a page-by-page basis shall not apply in the case of a record determined, under the actions specified in the plan pursuant to subsection (b)(1), to be a record that is highly unlikely to contain Restricted Data or Formerly Restricted Data.
(d)Submission of Plan.—
The Secretary of Energy shall submit the plan required under subsection (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 Affairs.
(e)Report and Notification Regarding Inadvertent Releases.—
(1)The Secretary of Energy shall submit to the committees and Assistant to the President specified in subsection (d) a report on inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 12958 that occurred before October 17, 1998.
(2)The Secretary of Energy shall, in each even-numbered year beginning in 2010, submit to the committees and Assistant to the President specified in subsection (d) a report identifying any inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 13526 discovered in the two-year period preceding the submittal of the report.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 6232

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110