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42 U.S.C. § 2165 — Security restrictions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2165 — Security restrictions

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2165

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Stable record: federal_law:legal_authorities:record_usc_1cb8f4da6cad3937cfeca6cd
Source file: Laws/federal/codes/united-states-code/title-42/section-2165-security-restrictions--3007e160f1.md
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Source location: Title 42, Chapter 23, § 2165; chapter-023-development-and-control-of-atomic-energy.md

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**(a) On contractors and licensees** No arrangement shall be made under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim), no contract shall be made or continued in effect under [section 2061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2061&num=0&edition=prelim), and no license shall be issued under section 2133 or 2134 of this title, unless the person with whom such arrangement is made, the contractor or prospective contractor, or the prospective licensee agrees in writing not to permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security. **(b) Employment of personnel; access to Restricted Data** Except as authorized by the Commission or the General Manager upon a determination by the Commission or General Manager that such action is clearly consistent with the national interest, no individual shall be employed by the Commission nor shall the Commission permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security. **(c) Acceptance of investigation and clearance granted by other Government agencies** In lieu of the investigation and report to be made by the Director of the Office of Personnel Management pursuant to subsection (b) of this section, the Commission may accept an investigation and report on the character, associations, and loyalty of an individual made by another Government agency which conducts personnel security investigations, provided that a security clearance has been granted to such individual by another Government agency based on such investigation and report. **(d) Investigations by FBI** In the event an investigation made pursuant to subsections (a) and (b) of this section develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the Director of the Office of Personnel Management shall refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Director of the Office of Personnel Management for his information and appropriate action. **(e) Presidential investigation** (1) If the President deems it to be in the national interest he may from time to time determine that investigations of any group or class which are required by subsections (a), (b), and (c) of this section be made by the Federal Bureau of Investigation. (2) In the case of an individual employed in a program known as a Special Access Program, any investigation required by subsections (a), (b), and (c) of this section shall be made by the Federal Bureau of Investigation. **(f) Performance of personnel security investigations by FBI** (1) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, but subject to subsection (e) of this section, a majority of the members of the Commission may direct that an investigation required by such provisions on an individual described in paragraph (2) be carried out by the Federal Bureau of Investigation rather than by the Civil Service Commission. (2) An individual described in this paragraph is an individual who is employed— (A) in a program certified by a majority of the members of the Commission to be of a high degree of importance or sensitivity; or (B) in any other specific position certified by a majority of the members of the Commission to be of a high degree of importance or sensitivity. **(g) Investigation standards** The Commission shall establish standards and specifications in writing as to the scope and extent of investigations, the reports of which will be utilized by the Commission in making the determination, pursuant to subsections (a), (b), and (c) of this section, that permitting a person access to restricted data will not endanger the common defense and security. Such standards and specifications shall be based on the location and class or kind of work to be done, and shall, among other considerations, take into account the degree of importance to the common defense and security of the restricted data to which access will be permitted. **(h) War time clearance** Whenever the Congress declares that a state of war exists, or in the event of a national disaster due to enemy attack, the Commission is authorized during the state of war or period of national disaster due to enemy attack to employ individuals and to permit individuals access to Restricted Data pending the investigation report, and determination required by subsection (b), to the extent that and so long as the Commission finds that such action is required to prevent impairment of its activities in furtherance of the common defense and security.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2051 — Research and development assistance

**(a) Contracts and loans for research activities** The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to— (1) nuclear processes; (2) the theory and production of atomic energy, including processes, materials, and devices related to such production; (3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes; (4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in the commercial or industrial application of atomic energy; (5) the protection of health and the promotion of safety during research and production activities; and (6) the preservation and enhancement of a viable environment by developing more efficient methods to meet the Nation’s energy needs. **(b) Grants and contributions** The Commission is authorized— (1) to make grants and contributions to the cost of construction and operation of reactors and other facilities and other equipment to colleges, universities, hospitals, and eleemosynary or charitable institutions for the conduct of educational and training a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2051

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2061 — Production facilities

**(a) Ownership** The Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all production facilities other than facilities which (1) are useful in the conduct of research and development activities in the fields specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim), and do not, in the opinion of the Commission, have a potential production rate adequate to enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; (2) are licensed by the Commission under this division; or (3) are owned by the United States Enrichment Corporation. **(b) Operation of Commission’s facilities** The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2061

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 ([42 U.S.C. 2165](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2165&num=0&edition=prelim)) 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6223

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2163 — Access to Restricted Data

The Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee or prospective licensee of the Commission or any other person authorized access to Restricted Data by the Commission under section 2165(b) and (c) of this title to permit any employee of an agency of the Department of Defense or of its contractors, or any member of the Armed Forces to have access to Restricted Data required in the performance of his duties and so certified by the head of the appropriate agency of the Department of Defense or his designee: Provided, however, That the head of the appropriate agency of the Department of Defense or his designee has determined, in accordance with the established personnel security procedures and standards of such agency, that permitting the member or employee to have access to such Restricted Data will not endanger the common defense and security: And provided further, That the Secretary of Defense finds that the established personnel and other security procedures and standards of such agency are adequate and in reasonable conformity to the standards established by the Commission under [section 2165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2165&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2163

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5815 — Abolition and transfers

**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed. **(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter. **(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter. **(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator. **(e) Transfer to Administrator of certain functions of Secretary of the Interior

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1304 — Loyalty investigations; reports; revolving fund

**(a)** The Office of Personnel Management shall conduct the investigations and issue the reports required by the following statutes— (1) sections 272b, 281b(e), and 290a of title 22; (2) [section 1874(c) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1874/c&num=0&edition=prelim); and (3) [section 1203(e) of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1203/e&num=0&edition=prelim), District of Columbia Code. **(b)** When an investigation under subsection (a) of this section develops data indicating that the loyalty of the individual being investigated is questionable, the Office shall refer the matter to the Federal Bureau of Investigation for a full field investigation, a report of which shall be furnished to the Office for its information and appropriate action. **(c)** When the President considers it in the national interest, he may have the investigations of a group or class, which are required by subsection (a) of this section, made by the Federal Bureau of Investigation rather than the Office. **(d)** The investigation and report required by subsection (a) of this section shall be made by the Federal Bureau of Investigation rather than the Office for those specific positions which the Secretary of State certifies are of a high degree of importance or sensitivity. **(e)** (1) A revolving fund is available, to the Office without fiscal year limitation, for financing investigations, training, and such other functions as the Office is authorized or required to perform on a reimbursable basis, including personnel management services performed at the request of individual agencies (which would otherwise be the responsibility of such agencies), or at the request of nonappropriated fu

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1304

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 20132 — Security requirements

The Administrator shall establish such security requirements, restrictions, and safeguards as the Administrator deems necessary in the interest of the national security. The Administrator may arrange with the Director of the Office of Personnel Management for the conduct of such security or other personnel investigations of the Administration’s officers, employees, and consultants, and its contractors and subcontractors and their officers and employees, actual or prospective, as the Administrator deems appropriate. If any such investigation develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Administrator.

Source: Supplied U.S. Code snapshot — release unconfirmed · 51 U.S.C. § 20132

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2165 — Security restrictions

Page 5472 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2165 proposed Restricted Data will promote and will not constitute an unreasonable risk to the com- mon defense and security, while such other na- tion is participating with the United States pur- suant to an international arrangement by sub- stantial and material contributions to the mu- tual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 2153 of this title. (d) By Department of Energy (1) In addition to the cooperation authorized in subsections (a), (b), and (c), the President may, upon making a determination described in paragraph (2), authorize the Department of En- ergy, with the assistance of the Department of Defense, to cooperate with another nation to communicate to that nation such Restricted Data, and the President may, upon making such determination, authorize the Department of De- fense, with the assistance of the Department of Energy, to cooperate with another nation to communicate to that nation such data removed from the Restricted Data category under section 2162 of this title, as is necessary for— (A) the support of a program for the control of and accounting for fissile material and other weapons material; (B) the support of the control of and ac- counting for atomic weapons; (C) the verification of a treaty; and (D) the establishment of international standards for the classification of data on atomic weapons, data on fissile material, and related data. (2) A determination referred to in paragraph (1) is a determination that the proposed coopera- tion and proposed communication referred to in that paragraph— (A) will promote the common defense and se- curity interests of the Uni

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2165

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