[Congressional Record Volume 158, Number 163 (Tuesday, December 18, 2012)]
[House]
[Pages H6869-H7263]


CONFERENCE REPORT ON H.R. 4310, NATIONAL DEFENSE AUTHORIZATION ACT FOR
                            FISCAL YEAR 2013

  Mr. McKEON submitted the following conference report and statement on
the bill (H.R. 4310) to authorize appropriations for fiscal year 2013
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.

[...]

    SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED DATA.

       Section 142 of the Atomic Energy Act of 1954 (42 U.S.C.
     2162) is amended--
       (1) in subsection d.--
       (A) by inserting ``(1)'' before ``The Commission''; and
       (B) by adding at the end the following:
       ``(2) The Commission may restore to the Restricted Data
     category any information related to the design of nuclear
     weapons removed under paragraph (1) if the Commission and the
     Department of Defense jointly determine that--
       ``(A) the programmatic requirements that caused the
     information to be removed from the Restricted Data category
     are no longer applicable or have diminished;
       ``(B) the information would be more appropriately protected
     as Restricted Data; and
       ``(C) restoring the information to the Restricted Data
     category is in the interest of national security.
       ``(3) In carrying out paragraph (2), information related to
     the design of nuclear weapons shall be restored to the
     Restricted Data category in accordance with regulations
     prescribed for purposes of such paragraph.''; and
       (2) in subsection e.--
       (A) by inserting ``(1)'' before ``The Commission'';
       (B) by striking ``Central'' and inserting ``National''; and
       (C) by adding at the end the following:
       ``(2) The Commission may restore to the Restricted Data
     category any information concerning atomic energy programs of
     other nations removed under paragraph (1) if the Commission
     and the Director of National Intelligence jointly determine
     that--
       ``(A) the programmatic requirements that caused the
     information to be removed from the Restricted Data category
     are no longer applicable or have diminished;
       ``(B) the information would be more appropriately protected
     as Restricted Data; and
       ``(C) restoring the information to the Restricted Data
     category is in the interest of national security.
       ``(3) In carrying out paragraph (2), information concerning
     atomic energy programs of other nations shall be restored to
     the Restricted Data category in accordance with regulations
     prescribed for purposes of such paragraph.''.

[...]

                  Conference Report (H. Rept. 112-705)

[...]


     Classification of certain restricted data (sec. 3163)
       The House bill contained a provision (sec. 3153) that would
     amend section 142 of the Atomic Energy Act of 1954 (42 U.S.C.
     2162) to permit the Secretary of Energy, in conjunction with
     the Secretary of Defense or the Director of National
     Intelligence, to restore certain information related to the
     design of nuclear weapons back into the Restricted Data
     category. This provision would also make a technical
     correction to subsection 142e of the Atomic Energy Act by
     updating the term ``Director of Central Intelligence'' to
     ``Director of National Intelligence'' to conform section 142e
     with the transfer of functions contained in the Intelligence
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458).
       The Senate amendment contained a similar provision (sec.
     3121).
       The House recedes with a clarifying amendment.

[...]