PRIA Logo™
Title 42 — The Public Health and WelfareRelease 119-73not60

§2286c Responsibilities of Secretary of Energy

Title 42 › Chapter 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter XVII–A— DEFENSE NUCLEAR FACILITIES SAFETY BOARD › § 2286c

Last updated Apr 5, 2026|Official source

Summary

Require the Secretary of Energy to fully cooperate with the Board and to give it quick, unrestricted access to any DOE defense nuclear sites, staff, and information the Board needs. Contractors who run those sites under a DOE contract must also cooperate as allowed by their contract or if they agree. Access must be given no matter the site’s hazard or risk level. The Secretary can only refuse access if a person lacks the right security clearance or does not need the information for their job. If the Board’s written request is denied, the Secretary must give written notice. Beginning Jan 1 and July 1 each year starting in 2020, the Board must report denied written requests from the prior six months to the congressional defense committees (the group named in 10 U.S.C. 101(a)), and the Secretary must report which requests were denied and why. The Board may not make public any information that the law protects from release, including internal deliberations.

Full Legal Text

Title 42, §2286c

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as specifically provided by this section, the Secretary of Energy shall fully cooperate with the Board and provide the Board with prompt and unfettered access to such facilities, personnel, and information as the Board considers necessary to carry out its responsibilities under this subchapter. Each contractor operating a Department of Energy defense nuclear facility under a contract awarded by the Secretary shall, to the extent provided in such contract or otherwise with the contractor’s consent, fully cooperate with the Board and provide the Board with prompt and unfettered access to such facilities, personnel, and information of the contractor as the Board considers necessary to carry out its responsibilities under this subchapter. The access provided to defense nuclear facilities, personnel, and information under this subsection shall be provided without regard to the hazard or risk category assigned to a facility by the Secretary.
(b)(1)The Secretary may deny access to information under subsection (a) only to any person who—
(A)has not been granted an appropriate security clearance or access authorization by the Secretary; or
(B)does not need such access in connection with the duties of such person.
(2)If the Board requests access to information under subsection (a) in written form, and the Secretary denies access to such information pursuant to paragraph (1)—
(A)the Secretary shall provide the Board notice of such denial in written form; and
(B)not later than January 1 and July 1 of each year beginning in 2020—
(i)the Board shall submit to the congressional defense committees a report identifying each request for access to information under subsection (a) submitted to the Secretary in written form during the preceding six-month period and denied by the Secretary; and
(ii)the Secretary shall submit to the congressional defense committees a report identifying—
(I)each such request denied by the Secretary during that period; and
(II)the reason for the denial.
(3)In this subsection, the term “congressional defense committees” has the meaning given that term in section 101(a) of title 10.
(c)The Board may not publicly disclose information provided under this section if such information is otherwise protected from disclosure by law, including deliberative process information.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–92, § 3202(c)(1), substituted “Except as specifically provided by this section, the Secretary of Energy” for “The Secretary of Energy” and “prompt and unfettered access” for “ready access” in two places, and inserted at end “The access provided to defense nuclear facilities, personnel, and information under this subsection shall be provided without regard to the hazard or risk category assigned to a facility by the Secretary.” Subsecs. (b), (c). Pub. L. 116–92, § 3202(c)(2), added subsecs. (b) and (c) and struck out former subsec. (b) which authorized the Secretary of Energy to deny access to unauthorized persons to information provided to the Board.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2286c

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60