[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     are no longer applicable or have diminished;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     are no longer applicable or have diminished;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.

[...]