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50 U.S.C. § 2653 (WAR AND NATIONAL DEFENSE)
§ 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.)
heading: Codification
text: Section was formerly classified to section 7383a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pub. 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).
50 U.S.C. § 2654 (WAR AND NATIONAL DEFENSE)
§ 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.
(c) Omitted
(d) Report on further enhancement of personnel security program
(1) Not later than January 1, 2003, the Administrator for Nuclear Security shall submit to Congress a report setting forth the recommendations of the Administrator for any legislative action that the Administrator considers appropriate in order to enhance the personnel security program of the Department of Energy.
(2) Any recommendations under paragraph (1) regarding the use of polygraphs shall take into account the results of the Polygraph Review.
(e) 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.)
heading: Codification
text: 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.
heading: Amendments
text: 2003—Subsec. (c). Pub. L. 108–136, § 3141(h)(5)(A)(iv), made technical amendment. See Codification note above.
50 U.S.C. § 2655 (WAR AND NATIONAL DEFENSE)
§ 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
text: 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.
heading: Effective Date of Repeal
text: 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.).
50 U.S.C. § 2657 (WAR AND NATIONAL DEFENSE)
§ 2657. Submittal of annual report on status of security functions at nuclear weapons facilities
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.
(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.)
heading: Codification
text: 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.
heading: Amendments
text: 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.
1999—Pub. 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.”
50 U.S.C. § 2658 (WAR AND NATIONAL DEFENSE)
§ 2658. Report on counterintelligence and security practices at national security laboratories
(a) In general
Not later than March 1 of each year, the Secretary of Energy shall submit to the Congress a report for the preceding year on counterintelligence and security practices at the facilities of the national security laboratories (whether or not classified activities are carried out at the facility).
(b) Content of report
The report shall include, with respect to each national security laboratory, the following:
(1) The number of employees, including full-time counterintelligence and security professionals and contractor employees.
(2) A description of the counterintelligence and security training courses conducted and, for each such course, any requirement that employees successfully complete that course.
(3) A description of each contract awarded that provides an incentive for the effective performance of counterintelligence or security activities.
(4) A description of the requirement that an employee report the travel to sensitive countries of that employee (whether or not the travel was for official business).
(5) The number of trips by individuals who traveled to sensitive countries, with identification of the sensitive countries visited.
(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.)
heading: Codification
text: Section was formerly classified to section 7383f of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pub. L. 112–239, § 3131(n)(1)(A), substituted “national security laboratories” for “national laboratories” in section catchline.
Subsec. (a). Pub. L. 112–239, § 3131(n)(1)(B), substituted “national security laboratories” for “national laboratories”.
Subsec. (b). Pub. L. 112–239, § 3131(n)(1)(C), substituted “national security laboratory” for “national laboratory” in introductory provisions.
Subsec. (c). Pub. L. 112–239, § 3131(n)(1)(D), struck out subsec. (c), which defined “national laboratory”.
2003—Subsec. (c). Pub. L. 108–136, § 3141(h)(8)(D), added subsec. (c).
50 U.S.C. § 2659 (WAR AND NATIONAL DEFENSE)
§ 2659. Report on security vulnerabilities of national security laboratory computers
(a) Report required
Not later than March 1 of each year, the National Counterintelligence Policy Board shall prepare a report on the security vulnerabilities of the computers of the national security laboratories.
(b) Preparation of report
In preparing the report, the National Counterintelligence Policy Board shall establish a so-called “red team” of individuals to perform an operational evaluation of the security vulnerabilities of the computers of one or more national security laboratories, including by direct experimentation. Such individuals shall be selected by the National Counterintelligence Policy Board from among employees of the Department of Defense, the National Security Agency, the Central Intelligence Agency, the Federal Bureau of Investigation, and of other agencies, and may be detailed to the National Counterintelligence Policy Board from such agencies without reimbursement and without interruption or loss of civil service status or privilege.
(c) Submission of report to Secretary of Energy and to FBI Director
Not later than March 1 of each year, the report shall be submitted in classified and unclassified form to the Secretary of Energy and the Director of the Federal Bureau of Investigation.
(d) Forwarding to congressional committees
Not later than 30 days after the report is submitted, the Secretary and the Director shall each separately forward that report, with the recommendations in classified and unclassified form of the Secretary or the Director, as applicable, in response to the findings of that report, to the following:
(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(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.)
heading: Codification
text: Section was formerly classified to section 7383g of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pub. L. 112–239, § 3131(o)(1)(A), substituted “national security laboratory” for “national laboratory” in section catchline.
Subsecs. (a), (b). Pub. L. 112–239, § 3131(o)(1)(B), substituted “national security laboratories” for “national laboratories”.
Subsecs. (e), (f). Pub. L. 112–239, § 3131(o)(1)(C), struck out subsecs. (e) and (f), which provided, respectively, that first report under this section would be for the year 2000 and for definition of “national laboratory”.
2003—Subsec. (f). Pub. L. 108–136, § 3141(h)(9)(D), added subsec. (f).
50 U.S.C. § 2660 (WAR AND NATIONAL DEFENSE)
§ 2660. Design and use of prototypes of nuclear weapons for intelligence purposes
(a) Prototypes
The Administrator shall develop and carry out a plan for the national security laboratories and nuclear weapons production facilities to design and build prototypes of nuclear weapons to further intelligence estimates with respect to foreign nuclear weapons activities.
(b) Prohibition on production of nuclear yields
In carrying out subsection (a), the Administrator may not conduct any experiments that produce a nuclear yield.
(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.)
50 U.S.C. § 2671 (WAR AND NATIONAL DEFENSE)
§ 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 12958 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.)
heading: References in Text
text: Executive Order 12958, referred to in subsec. (b), which was formerly set out as a note under section 435 of this title, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731, and was reclassified as a note under section 3161 of this title.
heading: Codification
text: 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.
heading: Amendments
text: 2013—Subsec. (c). Pub. L. 112–239 struck out subsec. (c), which defined “restricted data”.
50 U.S.C. § 2673 (WAR AND NATIONAL DEFENSE)
§ 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.)
heading: References in Text
text: Executive Order No. 12958, referred to in subsec. (b), which was formerly set out as a note under section 435 of this title, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731, and was reclassified as a note under section 3161 of this title.
heading: Codification
text: Section was formerly set out as a note under section 435 of this title prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 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”.
50 U.S.C. § 2674 (WAR AND NATIONAL DEFENSE)
§ 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 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.)
heading: Codification
text: Section was formerly classified to section 7383b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
50 U.S.C. § 2675 (WAR AND NATIONAL DEFENSE)
§ 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. 12958 ([former] 50 U.S.C. 435 note) [now 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.
(c) Report on automatic declassification of Department of Energy records
Not later than February 1, 2001, the Secretary of Energy shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the efforts of the Department of Energy relating to the declassification of classified records under the control of the Department of Energy. Such report shall include the following:
(1) An assessment of whether the Department will be able to review all relevant records for declassification before any date established for automatic declassification.
(2) An estimate of the number of records, if any, that the Department will be unable to review for declassification before any such date and the effect on national security of the automatic declassification of those records.
(3) An estimate of the length of time by which any such date would need to be extended to avoid the automatic declassification of records that have not yet been reviewed as of such date.
(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.)
heading: Codification
text: Section was formerly set out as a note under section 435 of this title prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2003—Subsec. (b). Pub. L. 108–136, § 3141(h)(15)(D), substituted “October 5, 1999,” for “the date of the enactment of this Act”.
50 U.S.C. § 2691 (WAR AND NATIONAL DEFENSE)
§ 2691. Responsibility for Defense Programs Emergency Response Program
The Office of Military Applications under the Assistant Secretary of Energy for Defense Programs shall retain responsibility for the Defense Programs Emergency Response Program within the Department of Energy.
(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.)