[USC02] 50 USC CHAPTER 42, SUBCHAPTER V: SAFEGUARDS AND SECURITY MATTERS
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50 USC CHAPTER 42, SUBCHAPTER V: SAFEGUARDS AND SECURITY MATTERS
From Title 50—WAR AND NATIONAL DEFENSECHAPTER 42—ATOMIC ENERGY DEFENSE PROVISIONS

SUBCHAPTER V—SAFEGUARDS AND SECURITY MATTERS

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

(Pub. L. 107–314, div. D, title XLV, §4501, formerly Pub. L. 104–106, div. C, title XXXI, §3154, Feb. 10, 1996, 110 Stat. 624; renumbered Pub. L. 107–314, div. D, title XLV, §4501, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(2), Nov. 24, 2003, 117 Stat. 1771; Pub. L. 112–239, div. C, title XXXI, §3131(j), Jan. 2, 2013, 126 Stat. 2182; Pub. L. 113–66, div. C, title XXXI, §3146(a)(2)(F), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 113–291, div. C, title XXXI, §3142(j), Dec. 19, 2014, 128 Stat. 3900.)

Codification

Section is comprised of section 4501 of Pub. L. 107–314. Subsec. (b) of section 4501 of Pub. L. 107–314 amended provisions set out as a note under section 2153 of Title 42, The Public Health and Welfare.

Subsec. (a) of section 3154 of Pub. L. 104–106 was formerly set out as a note under section 2164 of Title 42, prior to renumbering by Pub. L. 108–136.

Amendments

2014—Subsec. (a). Pub. L. 113–291 substituted "national security laboratory or nuclear weapons production facility" for "nuclear weapons facility".

2013—Subsec. (a). Pub. L. 113–66 substituted "Restricted Data" for "restricted data".

Subsec. (c). Pub. L. 112–239 struck out subsec. (c), which defined "restricted data".

2003Pub. L. 108–136, §3141(h)(2)(D), redesignated par. (1) of subsec. (a) as entire subsec. (a) and par. (2) of subsec. (a) as subsec. (c) and, in subsec. (c), inserted heading and substituted "In this section" for "For purposes of paragraph (1)". Subsec. (c) was editorially transferred to follow subsec. (b), to reflect the probable intent of Congress.

§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.

(Pub. L. 107–314, div. D, title XLV, §4502, formerly Pub. L. 106–65, div. C, title XXXI, §3146, Oct. 5, 1999, 113 Stat. 935; renumbered Pub. L. 107–314, div. D, title XLV, §4502, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(3), Nov. 24, 2003, 117 Stat. 1771; Pub. L. 112–239, div. C, title XXXI, §3131(k)(1), (bb)(1)(D), Jan. 2, 2013, 126 Stat. 2182, 2185; Pub. L. 113–66, div. C, title XXXI, §3146(f)(1), Dec. 26, 2013, 127 Stat. 1079.)

Codification

Section was formerly classified to section 7383c of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013Pub. L. 112–239, §3131(k)(1)(A), substituted "national security laboratories" for "national laboratories" in section catchline.

Pub. L. 112–239, §3131(k)(1)(B), substituted "national security laboratory" for "national laboratory" wherever appearing.

Subsec. (b). Pub. L. 113–66, §3146(f)(1)(A), (B), redesignated subsec. (f) as (b) and struck out former subsec. (b) which related to moratorium on admissions to any national security laboratory facility pending certain certifications.

Subsec. (b)(3). Pub. L. 112–239, §3131(bb)(1)(D), substituted "Director of National Intelligence" for "Director of Central Intelligence".

Subsec. (c). Pub. L. 113–66, §3146(f)(1)(A), (B), redesignated subsec. (g) as (c) and struck out former subsec. (c) which related to waiver of moratorium.

Subsec. (c)(2). Pub. L. 113–66, §3146(f)(1)(C), struck out "as in effect on January 1, 1999" after "Countries".

Subsecs. (d), (e). Pub. L. 113–66, §3146(f)(1)(A), struck out subsecs. (d) and (e) which related to exception to moratorium for certain individuals and exception to moratorium for certain programs, respectively.

Subsec. (f). Pub. L. 113–66, §3146(f)(1)(B), redesignated subsec. (f) as (b).

Pub. L. 112–239, §3131(bb)(1)(D), substituted "Director of National Intelligence" for "Director of Central Intelligence".

Subsec. (g). Pub. L. 113–66, §3146(f)(1)(B), redesignated subsec. (g) as (c).

Subsec. (g)(1). Pub. L. 112–239, §3131(bb)(1)(D), substituted "Director of National Intelligence" for "Director of Central Intelligence".

Subsec. (g)(3), (4). Pub. L. 112–239, §3131(k)(1)(C), struck out pars. (3) and (4), which defined "national laboratory" and "Restricted Data", respectively.

2003—Subsec. (b)(2). Pub. L. 108–136, §3141(h)(3)(D)(i)(I), substituted "on November 4, 1999," for "30 days after October 5, 1999," in introductory provisions.

Subsec. (b)(2)(A). Pub. L. 108–136, §3141(h)(3)(D)(i)(II), substituted "January 3, 2000" for "The date that is 90 days after October 5, 1999".

Subsec. (d)(1). Pub. L. 108–136, §3141(h)(3)(D)(ii), substituted "October 5, 1999," for "the date of the enactment of this Act," in the original, which for purposes of codification had been changed to "October 5, 1999," thus requiring no change in text.

Subsec. (g)(3), (4). Pub. L. 108–136, §3141(h)(3)(D)(iii), added pars. (3) and (4).

Pilot Program on Conduct by Department of Energy of Background Reviews for Access by Certain Individuals to National Security Laboratories

Pub. L. 115–232, div. C, title XXXI, §3121, Aug. 13, 2018, 132 Stat. 2295, provided that:

"(a) In General.—The Secretary of Energy shall establish a pilot program to assess the feasibility and advisability of conducting background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) within the Department of Energy.

"(b) Requirements.—Under the pilot program established under subsection (a), the Secretary may admit an individual described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) to a facility of a national security laboratory described in that section if, in addition to the conduct of a background review under subsection (a) with respect to that individual—

"(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) Roles of Secretary and Director of National Intelligence and Director of Federal Bureau of Investigation.—

"(1) Role of secretary.—Under the pilot program under subsection (a), the Secretary shall conduct background reviews for all individuals described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) seeking admission to facilities of national security laboratories described in that section. Such reviews by the Secretary shall be conducted independent of and in addition to background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under that section.

"(2) Roles of director of national intelligence and director of federal bureau of investigation.—Notwithstanding paragraph (1), during the period during which the pilot program established under subsection (a) is being carried out, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall retain primary responsibility for the conduct of all background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)).

"(d) Termination.—The pilot program established under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act [Aug. 13, 2018].

"(e) Report Required.—Not later than 90 days after the date on which the pilot program established under subsection (a) terminates under subsection (d), the Secretary of Energy, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report on the conduct of background reviews under the pilot program that includes—

"(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 (50 U.S.C. 2652(a)); and

"(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) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(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) National security laboratory.—The term 'national security laboratory' has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)."

§2653. Background investigations of certain personnel at Department of Energy facilities

The Secretary of Energy shall ensure that an investigation meeting the requirements of section 2165 of title 42 is made for each Department of Energy employee, or contractor employee, at a national security laboratory or nuclear weapons production facility who—

(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.

(Pub. L. 107–314, div. D, title XLV, §4503, formerly Pub. L. 106–65, div. C, title XXXI, §3143, Oct. 5, 1999, 113 Stat. 934; renumbered Pub. L. 107–314, div. D, title XLV, §4503, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(4), Nov. 24, 2003, 117 Stat. 1772; Pub. L. 112–239, div. C, title XXXI, §3131(l), Jan. 2, 2013, 126 Stat. 2182.)

Codification

Section was formerly classified to section 7383a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013Pub. L. 112–239 struck out subsec. (a) designation and heading "In general", substituted "national security laboratory" for "national laboratory" in introductory provisions of text, and struck out subsecs. (b) and (c), which, respectively, required compliance by Secretary with former subsec. (a) and defined "national laboratory" and "Restricted Data".

2003—Subsec. (b). Pub. L. 108–136, §3141(h)(4)(D)(i), substituted "October 5, 1999," for "the date of the enactment of this Act" in the original, which for purposes of codification had been changed to "October 5, 1999," thus requiring no change in text.

Subsec. (c). Pub. L. 108–136, §3141(h)(4)(D)(ii), added 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 chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act).

(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 section 1101 of title 8) and also a national of a foreign state; and

(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.

(Pub. L. 107–314, div. D, title XLV, §4504, formerly Pub. L. 107–107, div. C, title XXXI, §3152, Dec. 28, 2001, 115 Stat. 1376; renumbered Pub. L. 107–314, div. D, title XLV, §4504, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772; Pub. L. 113–66, div. C, title XXXI, §3146(f)(2), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 115–232, div. C, title XXXI, §3112, Aug. 13, 2018, 132 Stat. 2290.)

Codification

Section is comprised of section 4504 of Pub. L. 107–314. Subsec. (c) of section 4504 of Pub. L. 107–314 repealed section 2655 of this title.

Section was formerly classified to section 7383h–1 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2018—Subsec. (b)(4). Pub. L. 115–232 added par. (4).

2013—Subsecs. (d), (e). Pub. L. 113–66 redesignated subsec. (e) as (d) and struck out former subsec. (d) which required submission of a report on further enhancement of personnel security program.

2003—Subsec. (c). Pub. L. 108–136, §3141(h)(5)(A)(iv), made technical amendment. See Codification note above.

§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, Pub. L. 107–314, div. D, title XLV, §4504A, formerly Pub. L. 106–65, div. C, title XXXI, §3154, Oct. 5, 1999, 113 Stat. 941; Pub. L. 106–398, §1 [div. C, title XXXI, §3135], Oct. 30, 2000, 114 Stat. 1654, 1654A-456; renumbered Pub. L. 107–314, div. D, title XLV, §4504A, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(5)(B), Nov. 24, 2003, 117 Stat. 1773, related to a counterintelligence polygraph program for the defense-related activities of the Department of Energy. See section 2654 of this title.

Effective Date of Repeal

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, provided that the repeal of this section is effective 30 days after the Secretary of Energy submits to the Committees on Armed Services and Appropriations of Senate and House of Representatives the Secretary's certification that the final rule for the new counterintelligence polygraph program required by section 2654(a) of this title has been fully implemented (Such certifications were submitted Oct. 31, 2006.).

§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 section 3091 of this title for the President to ensure that the congressional intelligence committees are kept fully informed of the intelligence activities of the United States and for those committees to notify promptly other congressional committees of any matter relating to intelligence activities requiring the attention of those committees.

(Pub. L. 107–314, div. D, title XLV, §4505, formerly Pub. L. 106–65, div. C, title XXXI, §3150, Oct. 5, 1999, 113 Stat. 939; renumbered Pub. L. 107–314, div. D, title XLV, §4505, by Pub. L. 108–136, div. C, title XXXI, §3141(h)(6), Nov. 24, 2003, 117 Stat. 1773; Pub. L. 112–239, div. C, title XXXI, §3131(m)(1), (bb)(1)(D), Jan. 2, 2013, 126 Stat. 2182, 2185; Pub. L. 113–66, div. C, title XXXI, §3146(f)(3), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 113–291, div. C, title XXXI, §3142(k), Dec. 19, 2014, 128 Stat. 3901.)

Codification

Section was formerly classified to section 7383d of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2014—Subsec. (b). Pub. L. 113–291, §3142(k)(1), reenacted heading without change.

Subsec. (e)(2). Pub. L. 113–291, §3142(k)(2), made technical amendment to reference in original act which appears in text as reference to section 3091 of this title.

2013Pub. L. 112–239, §3131(m)(1)(A), substituted "atomic" for "nuclear" in section catchline.

Subsec. (a). Pub. L. 112–239, §3131(bb)(1)(D), substituted "Director of National Intelligence" for "Director of Central Intelligence".

Pub. L. 112–239, §3131(m)(1)(C), substituted "atomic energy defense" for "nuclear defense".

Subsec. (b). Pub. L. 112–239, §3131(m)(1)(B), (C), substituted "atomic energy" for "nuclear" in heading and "atomic energy defense" for "nuclear defense" in text.

Subsec. (c). Pub. L. 112–239, §3131(m)(1)(C), substituted "atomic energy defense" for "nuclear defense".

Subsec. (e)(2). Pub. L. 113–66 substituted "Congress" for "the Congress".

§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.

(Pub. L. 107–314, div. D, title XLV, §4506, formerly Pub. L. 105–85, div. C, title XXXI, §3162, Nov. 18, 1997, 111 Stat. 2049; Pub. L. 106–65, div. C, title XXXI, §3142(h)(2), Oct. 5, 1999, 113 Stat. 934; renumbered Pub. L. 107–314, div. D, title XLV, §4506, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(7), Nov. 24, 2003, 117 Stat. 1773; Pub. L. 113–66, div. C, title XXXI, §3121(a), Dec. 26, 2013, 127 Stat. 1060; Pub. L. 114–328, div. C, title XXXI, §3135, Dec. 23, 2016, 130 Stat. 2771; Pub. L. 115–91, div. C, title XXXI, §3133(b), Dec. 12, 2017, 131 Stat. 1896.)

Codification

Section was formerly set out as a note under section 7274m of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2017—Subsecs. (a)(1), (3), (b)(1). Pub. L. 115–91 substituted "of each even-numbered year" for "of each year".

2016—Subsec. (b)(1)(B). Pub. L. 114–328 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "written certification that such facilities meet the security standards and requirements of the Department of Energy."

2013Pub. L. 113–66 amended section generally. Prior to amendment, text read as follows: "Not later than September 1 each year, the Secretary of Energy shall submit to the congressional defense committees the report entitled 'Annual Report to the President on the Status of Safeguards and Security of Domestic Nuclear Weapons Facilities', or any successor report to such report."

2003—Subsec. (b). Pub. L. 108–136, §3141(h)(7)(D), which directed the amendment of subsec. (b) by inserting "of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2048; 42 U.S.C. 7251 note)" after "section 3161", could not be executed because of the repeal of subsec. (b) by Pub. L. 106–65. See 1999 Amendment note below.

1999Pub. L. 106–65 struck out subsec. (a) designation and heading and struck out heading and text of subsec. (b). Text read as follows: "The Secretary shall include with each report submitted under subsection (a) in fiscal years 1998 through 2000 any comments on such report by the members of the Department of Energy Security Management Board established under section 3161 that such members consider appropriate."

§2658. Repealed. Pub. L. 113–66, div. C, title XXXI, §3132(a)(1), Dec. 26, 2013, 127 Stat. 1068

Section, Pub. L. 107–314, div. D, title XLV, §4507, formerly Pub. L. 106–65, div. C, title XXXI, §3152, Oct. 5, 1999, 113 Stat. 940; renumbered Pub. L. 107–314, div. D, title XLV, §4507, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(8), Nov. 24, 2003, 117 Stat. 1773; Pub. L. 112–239, div. C, title XXXI, §3131(n)(1), Jan. 2, 2013, 126 Stat. 2183, related to the annual submission and contents of a report on counterintelligence and security practices at national security laboratories.

§2659. Repealed. Pub. L. 114–113, div. M, title VII, §701(f), Dec. 18, 2015, 129 Stat. 2930

Section, Pub. L. 107–314, div. D, title XLV, §4508, formerly Pub. L. 106–65, div. C, title XXXI, §3153, Oct. 5, 1999, 113 Stat. 940; renumbered Pub. L. 107–314, div. D, title XLV, §4508, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(9), Nov. 24, 2003, 117 Stat. 1774; Pub. L. 112–239, div. C, title XXXI, §3131(o)(1), Jan. 2, 2013, 126 Stat. 2183, related to report on security vulnerabilities of national security laboratory computers.

§2660. Repealed. Pub. L. 115–91, div. C, title XXXI, §3135(c)(1), Dec. 12, 2017, 131 Stat. 1899

Section, Pub. L. 107–314, div. D, title XLV, §4509, as added Pub. L. 112–239, div. C, title XXXI, §3115(a), Jan. 2, 2013, 126 Stat. 2172; amended Pub. L. 113–291, div. C, title XXXI, §3111, Dec. 19, 2014, 128 Stat. 3884, related to design and use of prototypes of nuclear weapons for intelligence purposes.

§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 (Public Law 112–95; 49 U.S.C. 40101 1 note).

(Pub. L. 107–314, div. D, title XLV, §4510, as added Pub. L. 114–328, div. C, title XXXI, §3112(a), Dec. 23, 2016, 130 Stat. 2756.)

References in Text

Section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95), referred to in subsec. (e)(2), which was formerly set out in a note under section 40101 of Title 49, Transportation, was transferred and is now set out in a note under section 44802 of Title 49.

1 See References in Text note below.

Part B—Classified Information

§2671. Review of certain documents before declassification and release

(a) In general

The Secretary of Energy shall ensure that, before a document of the Department of Energy that contains national security information is released or declassified, such document is reviewed to determine whether it contains Restricted Data.

(b) Limitation on declassification

The Secretary may not implement the automatic declassification provisions of Executive Order No. 13526 (50 U.S.C. 3161 note) if the Secretary determines that such implementation could result in the automatic declassification and release of documents containing Restricted Data.

(Pub. L. 107–314, div. D, title XLV, §4521, formerly Pub. L. 104–106, div. C, title XXXI, §3155, Feb. 10, 1996, 110 Stat. 625; renumbered Pub. L. 107–314, div. D, title XLV, §4521, by Pub. L. 108–136, div. C, title XXXI, §3141(h)(11), Nov. 24, 2003, 117 Stat. 1774; amended Pub. L. 112–239, div. C, title XXXI, §3131(p), Jan. 2, 2013, 126 Stat. 2183; Pub. L. 113–66, div. C, title XXXI, §3146(a)(2)(G), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 113–291, div. C, title XXXI, §3142(l), Dec. 19, 2014, 128 Stat. 3901.)

Codification

Section was formerly set out as a note under section 2162 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2014—Subsec. (b). Pub. L. 113–291 substituted "Executive Order No. 13526 (50 U.S.C. 3161 note)" for "Executive Order 12958".

2013—Subsecs. (a), (b). Pub. L. 113–66 substituted "Restricted Data" for "restricted data".

Subsec. (c). Pub. L. 112–239 struck out subsec. (c), which defined "restricted data".

§2672. Protection against inadvertent release of Restricted Data and Formerly Restricted Data

(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.

(Pub. L. 107–314, div. D, title XLV, §4522, formerly Pub. L. 105–261, div. C, title XXXI, §3161, Oct. 17, 1998, 112 Stat. 2259; Pub. L. 106–65, div. A, title X, §1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, §1 [div. C, title XXXI, §3193(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-480; renumbered Pub. L. 107–314, div. D, title XLV, §4522, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(12), Nov. 24, 2003, 117 Stat. 1774; Pub. L. 110–417, div. C, title XXXI, §3123, Oct. 14, 2008, 122 Stat. 4759; Pub. L. 113–66, div. C, title XXXI, §3146(a)(2)(H), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 113–291, div. C, title XXXI, §3142(m), Dec. 19, 2014, 128 Stat. 3901; Pub. L. 114–328, div. C, title XXXI, §3137(a), Dec. 23, 2016, 130 Stat. 2771.)

References in Text

Executive Order No. 12958, referred to in subsec. (e)(1), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.

Codification

Section was formerly set out as a note under section 435 of this title prior to renumbering by Pub. L. 108–136.

Amendments

2016—Subsecs. (e), (f). Pub. L. 114–328 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: "The Secretary of Energy shall, in each even-numbered year, submit a summary of the results of the periodic reviews and evaluations specified in the plan pursuant to subsection (b)(5) to the committees and Assistant to the President specified in subsection (d)."

2014—Subsec. (a). Pub. L. 113–291, §3142(m)(1), substituted "Executive Order No. 13526 (50 U.S.C. 3161 note)" for "Executive Order No. 12958 (50 U.S.C. 435 note)".

Subsec. (b)(1). Pub. L. 113–291, §3142(m)(2), substituted "Executive Order No. 13526" for "Executive Order No. 12958".

Subsec. (f)(2). Pub. L. 113–291, §3142(m)(3), substituted "Executive Order No. 13526" for "Executive Order No. 12958".

2013—Subsec. (g). Pub. L. 113–66 struck out subsec. (g) which defined "Restricted Data".

2008—Subsec. (e). Pub. L. 110–417, §3121(a)(1), (b), substituted "in each even-numbered year" for "on a periodic basis" and "subsection (b)(5)" for "subsection (b)(4)".

Subsec. (f). Pub. L. 110–417, §3123(a)(2), added par. (2) and struck out former par. (2) which read as follows: "Commencing with inadvertent releases discovered on or after October 30, 2000, the Secretary of Energy shall, on a quarterly basis, submit a report to the committees and Assistant to the President specified in subsection (d). The report shall state whether any inadvertent releases described in paragraph (1) occurred during the immediately preceding quarter and, if so, shall identify each such release."

2003—Subsec. (c)(1). Pub. L. 108–136, §3141(h)(12)(D)(i), substituted "October 17, 1998," for "the date of the enactment of this Act".

Subsec. (f)(1). Pub. L. 108–136, §3141(h)(12)(D)(ii), substituted "October 17, 1998" for "the date of the enactment of this Act".

Subsec. (f)(2). Pub. L. 108–136, §3141(h)(12)(D)(iii), substituted "Commencing with inadvertent releases discovered on or after October 30, 2000, the Secretary" for "The Secretary".

2000—Subsec. (f)(2). Pub. L. 106–398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Not later than 30 days after any such inadvertent release occurring after the date of the enactment of this Act, the Secretary of Energy shall notify the committees and Assistant to the President specified in subsection (d) of such releases."

1999—Subsec. (d)(2). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security".

Effective Date of 2000 Amendment

Pub. L. 106–398, §1 [div. C, title XXXI, §3193(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-481, provided that: "The amendment made by subsection (a) [amending this section] apply [sic] with respect to inadvertent releases of Restricted Data and Formerly Restricted Data that are discovered on or after the date of the enactment of this Act [Oct. 30, 2000]."

§2673. Supplement to plan for declassification of Restricted Data and Formerly Restricted Data

(a) Supplement to plan

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 supplement to the plan required under subsection (a) of section 2672 of this title.

(b) Contents of supplement

The supplement shall provide for the application of that plan (including in particular the element of the plan required by subsection (b)(1) of section 2672 of this title) to all records subject to Executive Order No. 12958 that were determined before October 17, 1998, to be suitable for declassification.

(c) Limitation on declassification of records

All records referred to in subsection (b) shall be treated, for purposes of subsection (c) of section 2672 of this title, in the same manner as records referred to in subsection (a) of such section.

(d) Submission of supplement

The Secretary of Energy shall submit the supplement required under subsection (a) to the recipients of the plan referred to in subsection (d) of section 2672 of this title.

(Pub. L. 107–314, div. D, title XLV, §4523, formerly Pub. L. 106–65, div. C, title XXXI, §3149, Oct. 5, 1999, 113 Stat. 938; renumbered Pub. L. 107–314, div. D, title XLV, §4523, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(13), Nov. 24, 2003, 117 Stat. 1775.)

References in Text

Executive Order No. 12958, referred to in subsec. (b), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.

Codification

Section was formerly set out as a note under section 435 of this title prior to renumbering by Pub. L. 108–136.

Amendments

2003—Subsec. (a). Pub. L. 108–136, §3141(h)(13)(D)(i), substituted "subsection (a) of section 2672 of this title" for "subsection (a) of section 3161 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2260; 50 U.S.C. 435 note)".

Subsec. (b). Pub. L. 108–136, §3141(h)(13)(D)(ii), substituted "subsection (b)(1) of section 2672 of this title" for "section 3161(b)(1) of that Act" and "October 17, 1998," for "the date of the enactment of that Act".

Subsec. (c). Pub. L. 108–136, §3141(h)(13)(D)(iii), substituted "subsection (c) of section 2672 of this title" for "section 3161(c) of that Act" and "subsection (a) of such section" for "section 3161(a) of that Act".

Subsec. (d). Pub. L. 108–136, §3141(h)(13)(D)(iv), substituted "subsection (d) of section 2672 of this title" for "section 3161(d) of that Act".

§2674. Protection of classified information during laboratory-to-laboratory exchanges

(a) Provision of training

The Secretary of Energy shall ensure that all Department of Energy employees and Department of Energy contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters relating to the protection of classified information and to potential espionage and counterintelligence threats.

(b) Countering of espionage and intelligence-gathering abroad

(1) The Secretary shall establish a pool of Department employees and Department contractor employees who are specially trained to counter threats of espionage and intelligence-gathering by foreign nationals against Department employees and Department contractor employees who travel abroad for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.

(2) The Director of Intelligence and Counterintelligence of the Department of Energy may assign at least one employee from the pool established under paragraph (1) to accompany a group of Department employees or Department contractor employees who travel to any nation designated to be a sensitive country for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.

(Pub. L. 107–314, div. D, title XLV, §4524, formerly Pub. L. 106–65, div. C, title XXXI, §3145, Oct. 5, 1999, 113 Stat. 935; renumbered Pub. L. 107–314, div. D, title XLV, §4524, by Pub. L. 108–136, div. C, title XXXI, §3141(h)(14), Nov. 24, 2003, 117 Stat. 1775; amended Pub. L. 116–92, div. E, title LXVII, §6744(b), Dec. 20, 2019, 133 Stat. 2241.)

Codification

Section was formerly classified to section 7383b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2019—Subsec. (b)(2). Pub. L. 116–92 inserted "Intelligence and" after "The Director of".

§2675. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities

(a) Amounts for declassification of records

The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) specific identification, as a budgetary line item, of the amounts required to carry out programmed activities during that fiscal year to declassify records pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note), or any successor Executive order, or to comply with any statutory requirement to declassify Government records.

(b) Certification required with respect to automatic declassification of records

No records of the Department of Energy that have not as of October 5, 1999, been reviewed for declassification shall be subject to automatic declassification unless the Secretary of Energy certifies to Congress that such declassification would not harm the national security.

(Pub. L. 107–314, div. D, title XLV, §4525, formerly Pub. L. 106–65, div. C, title XXXI, §3173, Oct. 5, 1999, 113 Stat. 949; renumbered Pub. L. 107–314, div. D, title XLV, §4525, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(15), Nov. 24, 2003, 117 Stat. 1775; Pub. L. 113–66, div. C, title XXXI, §3146(f)(4), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 113–291, div. C, title XXXI, §3142(n), Dec. 19, 2014, 128 Stat. 3901.)

Codification

Section was formerly set out as a note under section 435 of this title prior to renumbering by Pub. L. 108–136.

Prior Provisions

A prior section 2691, Pub. L. 107–314, div. D, title XLV, §4541, formerly Pub. L. 104–106, div. C, title XXXI, §3158, Feb. 10, 1996, 110 Stat. 626; renumbered Pub. L. 107–314, div. D, title XLV, §4541, by Pub. L. 108–136, div. C, title XXXI, §3141(h)(17), Nov. 24, 2003, 117 Stat. 1776, related to responsibility for Defense Programs Emergency Response Program, prior to repeal by Pub. L. 113–66, div. C, title XXXI, §3146(f)(5)(A), Dec. 26, 2013, 127 Stat. 1079.

Amendments

2014—Subsec. (a). Pub. L. 113–291 substituted "Executive Order No. 13526 (50 U.S.C. 3161 note)" for "Executive Order No. 12958 (50 U.S.C. 435 note)".

2013—Subsec. (c). Pub. L. 113–66 struck out subsec. (c) which required submission of a report on automatic declassification of Department of Energy records.

2003—Subsec. (b). Pub. L. 108–136, §3141(h)(15)(D), substituted "October 5, 1999," for "the date of the enactment of this Act".