SUBCHAPTER I—SAFEGUARDS AND SECURITY
Editorial Notes
Codification
Subchapter analysis added pursuant to operation of
§6221. Prohibition on international inspections of Department of Energy facilities unless protection of restricted data is certified
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.
(Added
Editorial Notes
Prior Provisions
A prior section 6221 was renumbered
Provisions similar to those in this section were contained in
§6222. Restrictions on access to national security laboratories by foreign visitors from sensitive countries
(a)
(b)
(c)
(2) The Secretary, acting through the Administrator, may waive the prohibition under paragraph (1) with respect to an individual who is a citizen or agent of a covered foreign nation if, not later than 30 days prior to admitting such individual to a facility described in such paragraph, the Secretary certifies to Congress that—
(A) the admittance of such individual to the facility is in the national security interests of the United States;
(B) no classified or restricted data will be revealed to such individual in connection with the admittance of such individual to the facility;
(C) the Secretary or Administrator has consulted with the heads of other relevant departments or agencies of the United States Government to mitigate risks associated with the admittance of such individual; and
(D) the background review completed to 1 subsection (a) with respect to such individual did not uncover any previously unreported affiliation with military or intelligence organizations associated with a covered foreign nation.
(3) A facility described in this paragraph is a facility, or any portion thereof, that directly supports the mission, functions, and operations of the Administration (as described in this subpart) and is located on—
(A) a national security laboratory;
(B) a nuclear weapons production facility; or
(C) a site that directly supports the protection, development, sustainment, or disposal of technologies or materials related to the provision of nuclear propulsion for United States naval vessels.
(4) The prohibition under paragraph (1) shall take effect on April 15, 2025.
(d)
(1) admit to a facility described in paragraph (3) of subsection (c)—
(A) a citizen or lawful permanent resident of the United States;
(B) an individual involved in an International Atomic Energy Agency (IAEA) inspection (as defined in the "Agreement between the United States and the IAEA for the Application of Safeguards in the U.S."); or
(C) an individual involved in information exchanges in support of activities of the United States with respect to nonproliferation, counterproliferation, and counterterrorism, in accordance with international treaties or other legally-binding agreements or instruments to which the United States is a party; or
(2) admit any individual to a facility, or any portion thereof, that is not directly associated with or directly funded to perform the mission, functions, and operations of the Administration (as described in this subpart).
(e)
(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 "covered foreign nation" means—
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Democratic People's Republic of Korea; and
(D) the Islamic Republic of Iran.
(3) The term "sensitive countries list" means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries.
(Added and amended
Editorial Notes
Prior Provisions
A prior section 6222 was renumbered
Provisions similar to those in this section were contained in
Amendments
2025—
Subsec. (c).
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
"(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)
§6223. Background investigations of certain personnel at Department of Energy facilities
The Secretary of Energy shall ensure that an investigation meeting the requirements of section 145 of the Atomic Energy Act of 1954 (
(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.
(Added
Editorial Notes
Prior Provisions
A prior section 6223, act Aug. 10, 1956, ch. 1041,
Provisions similar to those in this section were contained in
§6224. Department of Energy counterintelligence polygraph program
(a)
(b)
(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 101 of the Immigration and Nationality Act (
(B) an employee or contractor who requires access to classified information.
(c)
(Added and amended
Editorial Notes
Prior Provisions
A prior section 6224, act Aug. 10, 1956, ch. 1041,
Provisions similar to those in this section were contained in
Amendments
2025—
§6225. Notice to congressional committees of certain security and counterintelligence failures within atomic energy defense programs
(a)
(b)
(c)
(d)
(e)
(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 501 of the National Security Act of 1947 (
(Added and amended
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2025—
§6226. Annual 1 report and certification on status of security of atomic energy defense facilities
(a)
(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)
(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.
(Added and amended
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2025—
1 So in original. Probably should be "Biennial".
§6227. Protection of certain nuclear facilities and assets from unmanned aircraft
(a)
(b)
(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)
(d)
(e)
(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)(i) owned by or contracted to the National Nuclear Security Administration, including any facility that stores or uses special nuclear material; or
(ii) a national security laboratory or nuclear weapons production facility.
(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, referred to in subsec. (e)(2), which was formerly set out in a note under
Codification
Amendment by section 3114 of
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2025—
Subsec. (e)(1)(C).
1 See References in Text note below.
§6228. Reporting on penetrations of networks of contractors and subcontractors
(a)
(b)
(2) 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)
(B) 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) 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) 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) 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)
(1) The term "Chief Information Officer" means the Associate Administrator for Information Management and Chief Information Officer of the Administration.
(2) 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) 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) 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.
(Added and amended
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2025—
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2), (3).
Subsec. (d).