A presiding officer shall not receive any Restricted Data or other National Security Information in evidence unless:

Terms Used In 10 CFR 2.911

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

(a) The relevance and materiality of the Restricted Data or other National Security Information to the issues in the proceeding, and its competence, are clearly established; and

(b) The exclusion of the Restricted Data or other National Security Information would prejudice the interests of a party or the public interest.

[41 FR 53329, Dec. 6, 1976, as amended at 86 FR 43401, Aug. 9, 2021]