Part A - Safeguards and Security

50 USC 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 nuclear weapons 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 
(c) Restricted data defined 
In this section, the term restricted data has the meaning provided by section 2014 (y) of title 42.

50 USC 2652 - Restrictions on access to national laboratories by foreign visitors from sensitive countries

(a) Background review required 
The Secretary of Energy may not admit to any facility of a national 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) Moratorium pending certification 

(1) During the period described in paragraph (2), the Secretary may not admit to any facility of a national 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.
(2) The period referred to in paragraph (1) is the period beginning on November 4, 1999, and ending on the later of the following:
(A) January 3, 2000.
(B) The date that is 45 days after the date on which the Secretary submits to Congress the certifications described in paragraph (3).
(3) The certifications referred to in paragraph (2) are one certification each by the Director of Counterintelligence of the Department of Energy, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence, of each of the following:
(A) That the foreign visitors program at that facility complies with applicable orders, regulations, and policies of the Department of Energy relating to the safeguarding and security of sensitive information and fulfills any counterintelligence requirements arising under such orders, regulations, and policies.
(B) That the foreign visitors program at that facility complies with Presidential Decision Directives and similar requirements relating to the safeguarding and security of sensitive information and fulfills any counterintelligence requirements arising under such Directives or requirements.
(C) That the foreign visitors program at that facility includes adequate protections against the inadvertent release of Restricted Data, information important to the national security of the United States, and any other sensitive information the disclosure of which might harm the interests of the United States.
(D) That the foreign visitors program at that facility does not pose an undue risk to the national security interests of the United States.
(c) Waiver of moratorium 

(1) The Secretary of Energy may waive the prohibition in subsection (b) on a case-by-case basis with respect to any specific individual or any specific delegation of individuals whose admission to a national laboratory is determined by the Secretary to be in the interest of the national security of the United States.
(2) Not later than the seventh day of the month following a month in which a waiver is made, the Secretary shall submit a report in writing providing notice of each waiver made in that month to the following:
(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(3) Each such report shall be in classified form and shall contain the identity of each individual or delegation for whom such a waiver was made and, with respect to each such individual or delegation, the following information:
(A) A detailed justification for the waiver.
(B) For each individual with respect to whom a background review was conducted, whether the background review determined that negative information exists with respect to that individual.
(C) The Secretarys certification that the admission of that individual or delegation to a national laboratory is in the interest of the national security of the United States.
(4) The authority of the Secretary under paragraph (1) may be delegated only to the Director of Counterintelligence of the Department of Energy.
(d) Exception to moratorium for certain individuals 
The moratorium under subsection (b) shall not apply to any person who
(1) is, on October 5, 1999, an employee or assignee of the Department of Energy, or of a contractor of the Department; and
(2) has undergone a background review in accordance with subsection (a).
(e) Exception to moratorium for certain programs 
The moratorium under subsection (b) shall not apply
(1) to activities relating to cooperative threat reduction with states of the former Soviet Union; or
(2) to the materials protection control and accounting program of the Department.
(f) 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 Central Intelligence should ensure that background reviews carried out under this section are completed in not more than 15 days.
(g) 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 Central 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 as in effect on January 1, 1999.
(3) The term national laboratory means any of the following:
(A) Lawrence Livermore National Laboratory, Livermore, California.
(B) Los Alamos National Laboratory, Los Alamos, New Mexico.
(C) Sandia National Laboratories, Albuquerque, New Mexico and Livermore, California.
(4) The term Restricted Data has the meaning given that term in section 2014 (y) of title 42.

50 USC 2653 - Background investigations of certain personnel at Department of Energy facilities

(a) In general 
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 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.
(b) Compliance 
The Secretary shall have 15 months from October 5, 1999, to meet the requirement in subsection (a).
(c) Definitions 
In this section, the terms national laboratory and Restricted Data have the meanings given such terms in section 2652 (g) of this title.

50 USC 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.

50 USC 2655 - Repealed. Pub. L. 107314, div. D, title XLV, 4504(c), formerly Pub. L. 107107, div. C, title XXXI, 3152(c), Dec. 28, 2001, 115 Stat. 1377; renumbered Pub. L. 107314, div. D, title XLV, 4504(c), and amended Pub. L. 108136, div. C, title XXXI,

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, 1654A456; 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.

50 USC 2656 - Notice to congressional committees of certain security and counterintelligence failures within nuclear 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 nuclear defense intelligence loss. Any such notification shall be provided only after consultation with the Director of Central Intelligence and the Director of the Federal Bureau of Investigation, as appropriate.
(b) Significant nuclear defense intelligence losses 
In this section, the term significant nuclear 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 nuclear 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 the Congress, including the requirement under section 413 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.

50 USC 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.

50 USC 2658 - Report on counterintelligence and security practices at national 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 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 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.
(c) National laboratory defined 
In this section, the term national laboratory has the meaning given that term in section 2652 (g)(3) of this title.

50 USC 2659 - Report on security vulnerabilities of national 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 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 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.
(e) First report 
The first report under this section shall be the report for the year 2000. That report shall cover each of the national laboratories.
(f) National laboratory defined 
In this section, the term national laboratory has the meaning given that term in section 2652 (g)(3) of this title.