Part A—Safeguards and Security
§2651. Prohibition on international inspections of Department of Energy facilities unless protection of Restricted Data is certified
(a) Prohibition on inspections
The Secretary of Energy may not allow an inspection of a national security laboratory or nuclear weapons production facility by the International Atomic Energy Agency until the Secretary certifies to Congress that no Restricted Data will be revealed during such inspection.
(b) Omitted
(
Editorial Notes
Codification
Section is comprised of section 4501 of
Subsec. (a) of section 3154 of
Amendments
2014—Subsec. (a).
2013—Subsec. (a).
Subsec. (c).
2003—
§2652. Restrictions on access to national security laboratories by foreign visitors from sensitive countries
(a) Background review required
The Secretary of Energy may not admit to any facility of a national security laboratory other than areas accessible to the general public any individual who is a citizen or agent of a nation that is named on the current sensitive countries list unless the Secretary first completes a background review with respect to that individual.
(b) Sense of Congress regarding background reviews
It is the sense of Congress that the Secretary of Energy, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence should ensure that background reviews carried out under this section are completed in not more than 15 days.
(c) Definitions
For purposes of this section:
(1) The term "background review", commonly known as an indices check, means a review of information provided by the Director of National Intelligence and the Director of the Federal Bureau of Investigation regarding personal background, including information relating to any history of criminal activity or to any evidence of espionage.
(2) The term "sensitive countries list" means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
Subsec. (b).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(2).
Subsecs. (d), (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(3), (4).
2003—Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (d)(1).
Subsec. (g)(3), (4).
Statutory Notes and Related Subsidiaries
Pilot Program on Conduct by Department of Energy of Background Reviews for Access by Certain Individuals to National Security Laboratories
"(a)
"(b)
"(1) the Secretary determines that the admission of that individual to that facility is in the national interest and will further science, technology, and engineering capabilities in support of the mission of the Department of Energy; and
"(2) a security plan is developed and implemented to mitigate the risks associated with the admission of that individual to that facility.
"(c)
"(1)
"(2)
"(d)
"(e)
"(1) a comparison of the effectiveness of and timelines required for background reviews conducted by the Secretary under the pilot program and background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under section 4502(a) of the Atomic Energy Defense Act (
"(2) the number of such reviews conducted for individuals who are citizens or agents of each country on the sensitive countries list referred to in that section.
"(f)
"(1)
"(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
"(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
"(2)
§2653. Background investigations of certain personnel at Department of Energy facilities
The Secretary of Energy shall ensure that an investigation meeting the requirements of
(1) carries out duties or responsibilities in or around a location where Restricted Data is present; or
(2) has or may have regular access to a location where Restricted Data is present.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
2003—Subsec. (b).
Subsec. (c).
§2654. Department of Energy counterintelligence polygraph program
(a) New counterintelligence polygraph program required
The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the new program is to minimize the potential for release or disclosure of classified data, materials, or information.
(b) Authorities and limitations
(1) The Secretary shall prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions of subchapter II of
(2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review.
(3) Not later than six months after obtaining the results of the Polygraph Review, the Secretary shall issue a notice of proposed rulemaking for the new program.
(4) In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—
(A) a national of the United States (as such term is defined in
(B) an employee or contractor who requires access to classified information.
(c) Omitted
(d) Polygraph Review defined
In this section, the term "Polygraph Review" means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences.
(
Editorial Notes
Codification
Section is comprised of section 4504 of
Section was formerly classified to
Amendments
2018—Subsec. (b)(4).
2013—Subsecs. (d), (e).
2003—Subsec. (c).
§2655. Repealed. Pub. L. 107–314, div. D, title XLV, §4504(c), formerly Pub. L. 107–107, div. C, title XXXI, §3152(c), Dec. 28, 2001, 115 Stat. 1377 ; renumbered Pub. L. 107–314, div. D, title XLV, §4504(c), and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§2656. Notice to congressional committees of certain security and counterintelligence failures within atomic energy defense programs
(a) Required notification
The Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a notification of each significant atomic energy defense intelligence loss. Any such notification shall be provided only after consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, as appropriate.
(b) Significant atomic energy defense intelligence losses
In this section, the term "significant atomic energy defense intelligence loss" means any national security or counterintelligence failure or compromise of classified information at a facility of the Department of Energy or operated by a contractor of the Department that the Secretary considers likely to cause significant harm or damage to the national security interests of the United States.
(c) Manner of notification
Notification of a significant atomic energy defense intelligence loss under subsection (a) shall be provided, in accordance with the procedures established pursuant to subsection (d), not later than 30 days after the date on which the Department of Energy determines that the loss has taken place.
(d) Procedures
The Secretary of Energy and the Committees on Armed Services of the Senate and House of Representatives shall each establish such procedures as may be necessary to protect from unauthorized disclosure classified information, information relating to intelligence sources and methods, and sensitive law enforcement information that is submitted to those committees pursuant to this section and that are otherwise necessary to carry out the provisions of this section.
(e) Statutory construction
(1) Nothing in this section shall be construed as authority to withhold any information from the Committees on Armed Services of the Senate and House of Representatives on the grounds that providing the information to those committees would constitute the unauthorized disclosure of classified information, information relating to intelligence sources and methods, or sensitive law enforcement information.
(2) Nothing in this section shall be construed to modify or supersede any other requirement to report information on intelligence activities to Congress, including the requirement under
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2014—Subsec. (b).
Subsec. (e)(2).
2013—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e)(2).
§2657. Annual report and certification on status of security of atomic energy defense facilities
(a) Report and certification on nuclear security enterprise
(1) Not later than September 30 of each even-numbered year, the Administrator shall submit to the Secretary of Energy—
(A) a report detailing the status of security at facilities holding Category I and II quantities of special nuclear material that are administered by the Administration; and
(B) written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Administration and the Department of Energy.
(2) If the Administrator is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Administrator shall submit to the Secretary with the matters required by paragraph (1) a corrective action plan for the facility describing—
(A) the deficiency that resulted in the Administrator being unable to make the certification;
(B) the actions to be taken to correct the deficiency; and
(C) timelines for taking such actions.
(3) Not later than December 1 of each even-numbered year, the Secretary shall submit to the congressional defense committees the unaltered report, certification, and any corrective action plans submitted by the Administrator under paragraphs (1) and (2) together with any comments of the Secretary.
(b) Report and certification on atomic energy defense facilities not administered by the Administration
(1) Not later than December 1 of each even-numbered year, the Secretary shall submit to the congressional defense committees—
(A) a report detailing the status of the security of atomic energy defense facilities holding Category I and II quantities of special nuclear material that are not administered by the Administration; and
(B) written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Department of Energy.
(2) If the Secretary is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Secretary shall submit to the congressional defense committees, together with the matters required by paragraph (1), a corrective action plan describing—
(A) the deficiency that resulted in the Secretary being unable to make the certification;
(B) the actions to be taken to correct the deficiency; and
(C) timelines for taking such actions.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2017—Subsecs. (a)(1), (3), (b)(1).
2016—Subsec. (b)(1)(B).
2013—
2003—Subsec. (b).
1999—
§2658. Repealed. Pub. L. 113–66, div. C, title XXXI, §3132(a)(1), Dec. 26, 2013, 127 Stat. 1068
Section,
§2659. Repealed. Pub. L. 114–113, div. M, title VII, §701(f), Dec. 18, 2015, 129 Stat. 2930
Section,
§2660. Repealed. Pub. L. 115–91, div. C, title XXXI, §3135(c)(1), Dec. 12, 2017, 131 Stat. 1899
Section,
§2661. Protection of certain nuclear facilities and assets from unmanned aircraft
(a) Authority
Notwithstanding any provision of title 18, the Secretary of Energy may take such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Energy, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
(b) Actions described
(1) The actions described in this paragraph are the following:
(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.
(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.
(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.
(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
(F) Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
(2) The Secretary of Energy shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.
(c) Forfeiture
Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Energy is subject to forfeiture to the United States.
(d) Regulations
The Secretary of Energy and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section.
(e) Definitions
In this section:
(1) The term "covered facility or asset" means any facility or asset that is—
(A) identified by the Secretary of Energy for purposes of this section;
(B) located in the United States (including the territories and possessions of the United States); and
(C) owned by the United States or contracted to the United States, to store or use special nuclear material.
(2) The terms "unmanned aircraft" and "unmanned aircraft system" have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (
(
Editorial Notes
References in Text
Section 331 of the FAA Modernization and Reform Act of 2012 (
1 See References in Text note below.
§2662. Reporting on penetrations of networks of contractors and subcontractors
(a) Procedures for reporting penetrations
The Administrator shall establish procedures that require each contractor and subcontractor to report to the Chief Information Officer when a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.
(b) Establishment of criteria for covered networks
(1) In general
The Administrator shall, in consultation with the officials specified in paragraph (2), establish criteria for covered networks to be subject to the procedures for reporting penetrations under subsection (a).
(2) Officials specified
The officials specified in this paragraph are the following officials of the Administration:
(A) The Deputy Administrator for Defense Programs.
(B) The Associate Administrator for Acquisition and Project Management.
(C) The Chief Information Officer.
(D) Any other official of the Administration the Administrator considers necessary.
(c) Procedure requirements
(1) Rapid reporting
(A) In general
The procedures established pursuant to subsection (a) shall require each contractor or subcontractor to submit to the Chief Information Officer a report on each successful penetration of a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) not later than 60 days after the discovery of the successful penetration.
(B) Elements
Subject to subparagraph (C), each report required by subparagraph (A) with respect to a successful penetration of a covered network of a contractor or subcontractor shall include the following:
(i) A description of the technique or method used in such penetration.
(ii) A sample of the malicious software, if discovered and isolated by the contractor or subcontractor, involved in such penetration.
(iii) A summary of information created by or for the Administration in connection with any program of the Administration that has been potentially compromised as a result of such penetration.
(C) Avoidance of delays in reporting
If a contractor or subcontractor is not able to obtain all of the information required by subparagraph (B) to be included in a report required by subparagraph (A) by the date that is 60 days after the discovery of a successful penetration of a covered network of the contractor or subcontractor, the contractor or subcontractor shall—
(i) include in the report all information available as of that date; and
(ii) provide to the Chief Information Officer the additional information required by subparagraph (B) as the information becomes available.
(2) Access to equipment and information by Administration personnel
Concurrent with the establishment of the procedures pursuant to subsection (a), the Administrator shall establish procedures to be used if information owned by the Administration was in use during or at risk as a result of the successful penetration of a covered network—
(A) in order to—
(i) in the case of a penetration of a covered network of a management and operating contractor, enhance the access of personnel of the Administration to Government-owned equipment and information; and
(ii) in the case of a penetration of a covered network of a contractor or subcontractor that is not a management and operating contractor, facilitate the access of personnel of the Administration to the equipment and information of the contractor or subcontractor; and
(B) which shall—
(i) include mechanisms for personnel of the Administration to, upon request, obtain access to equipment or information of a contractor or subcontractor necessary to conduct forensic analysis in addition to any analysis conducted by the contractor or subcontractor;
(ii) provide that a contractor or subcontractor is only required to provide access to equipment or information as described in clause (i) to determine whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of the contractor or subcontractor and, if so, what information was exfiltrated; and
(iii) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person.
(3) Dissemination of information
The procedures established pursuant to subsection (a) shall allow for limiting the dissemination of information obtained or derived through such procedures so that such information may be disseminated only to entities—
(A) with missions that may be affected by such information;
(B) that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(C) that conduct counterintelligence or law enforcement investigations; or
(D) for national security purposes, including cyber situational awareness and defense purposes.
(d) Definitions
In this section:
(1) Chief Information Officer
The term "Chief Information Officer" means the Associate Administrator for Information Management and Chief Information Officer of the Administration.
(2) Contractor
The term "contractor" means a private entity that has entered into a contract or contractual action of any kind with the Administration to furnish supplies, equipment, materials, or services of any kind.
(3) Covered network
The term "covered network" includes any network or information system that accesses, receives, or stores—
(A) classified information; or
(B) sensitive unclassified information germane to any program of the Administration, as determined by the Administrator.
(4) Subcontractor
The term "subcontractor" means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies, equipment, materials, or services of any kind in connection with another contract in support of any program of the Administration.
(