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50 U.S. Code § 2652 - Restrictions on access to national security laboratories by foreign visitors from sensitive countries

U.S. Code
Notes

(a) Background review required

The Secretary of Energy and the Administrator may not admit to any facility described in paragraph (3) of subsection (c) other than areas accessible to the general public any individual who is a citizen or agent of a covered foreign nation or a nation on the current sensitive countries list unless the Secretary or Administrator first completes a background review with respect to that individual.

(b) 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 National Intelligence should ensure that background reviews carried out under this section are completed in not more than 15 days.

(1) In general

With respect to an individual who is a citizen or agent of a covered foreign nation, the Secretary and the Administrator may not, except as provided in paragraph (2), admit such individual to any areas not accessible to the general public within a facility described in paragraph (3).

(2) WaiverThe 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 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) Facilities describedA 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 chapter) 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) Effective date

The prohibition under paragraph (1) shall take effect on April 15, 2025.

(d) Rule of constructionNothing in this section shall be construed to limit or otherwise affect the authority of the Secretary or the Administrator to—

(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 chapter).

(e) DefinitionsFor 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 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.

(Pub. L. 107–314, div. D, title XLV, § 4502, formerly Pub. L. 106–65, div. C, title XXXI, § 3146, Oct. 5, 1999, 113 Stat. 935; renumbered Pub. L. 107–314, div. D, title XLV, § 4502, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(h)(3), Nov. 24, 2003, 117 Stat. 1771; Pub. L. 112–239, div. C, title XXXI, § 3131(k)(1), (bb)(1)(D), Jan. 2, 2013, 126 Stat. 2182, 2185; Pub. L. 113–66, div. C, title XXXI, § 3146(f)(1), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 118–159, div. C, title XXXI, § 3112, Dec. 23, 2024, 138 Stat. 2296.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (c)(3) and (d)(2), was in the original “this Act”, and was translated as meaning div. D of Pub. L. 107–314, as added Pub. L. 108–136, div. C, title XXXI, § 3141(b), Nov. 24, 2003, 117 Stat. 1753, known as the Atomic Energy Defense Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Codification

Section was formerly classified to section 7383c of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2024—Subsec. (a). Pub. L. 118–159, § 3112(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary of Energy may not admit to any facility of a national security 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.”

Subsecs. (c), (d). Pub. L. 118–159, § 3112(3), added subsecs. (c) and (d). Former subsec. (c) redesignated (e).

Subsec. (e). Pub. L. 118–159, § 3112(2), redesignated subsec. (c) as (e).

Subsec. (e)(2), (3). Pub. L. 118–159, § 3112(4), added par. (2) and redesignated former par. (2) as (3).

2013—Pub. L. 112–239, § 3131(k)(1)(A), substituted “national security laboratories” for “national laboratories” in section catchline.

Pub. L. 112–239, § 3131(k)(1)(B), substituted “national security laboratory” for “national laboratory” wherever appearing.

Subsec. (b). Pub. L. 113–66, § 3146(f)(1)(A), (B), redesignated subsec. (f) as (b) and struck out former subsec. (b) which related to moratorium on admissions to any national security laboratory facility pending certain certifications.

Subsec. (b)(3). Pub. L. 112–239, § 3131(bb)(1)(D), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (c). Pub. L. 113–66, § 3146(f)(1)(A), (B), redesignated subsec. (g) as (c) and struck out former subsec. (c) which related to waiver of moratorium.

Subsec. (c)(2). Pub. L. 113–66, § 3146(f)(1)(C), struck out “as in effect on January 1, 1999” after “Countries”.

Subsecs. (d), (e). Pub. L. 113–66, § 3146(f)(1)(A), struck out subsecs. (d) and (e) which related to exception to moratorium for certain individuals and exception to moratorium for certain programs, respectively.

Subsec. (f). Pub. L. 113–66, § 3146(f)(1)(B), redesignated subsec. (f) as (b).

Pub. L. 112–239, § 3131(bb)(1)(D), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (g). Pub. L. 113–66, § 3146(f)(1)(B), redesignated subsec. (g) as (c).

Subsec. (g)(1). Pub. L. 112–239, § 3131(bb)(1)(D), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (g)(3), (4). Pub. L. 112–239, § 3131(k)(1)(C), struck out pars. (3) and (4), which defined “national laboratory” and “Restricted Data”, respectively.

2003—Subsec. (b)(2). Pub. L. 108–136, § 3141(h)(3)(D)(i)(I), substituted “on November 4, 1999,” for “30 days after October 5, 1999,” in introductory provisions.

Subsec. (b)(2)(A). Pub. L. 108–136, § 3141(h)(3)(D)(i)(II), substituted “January 3, 2000” for “The date that is 90 days after October 5, 1999”.

Subsec. (d)(1). Pub. L. 108–136, § 3141(h)(3)(D)(ii), 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. (g)(3), (4). Pub. L. 108–136, § 3141(h)(3)(D)(iii), added pars. (3) and (4).

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

Pub. L. 115–232, div. C, title XXXI, § 3121, Aug. 13, 2018, 132 Stat. 2295, provided that:

“(a) In General.—

The Secretary of Energy shall establish a pilot program to assess the feasibility and advisability of conducting background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) within the Department of Energy.

“(b) Requirements.—Under the pilot program established under subsection (a), the Secretary may admit an individual described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) to a facility of a national security laboratory described in that section if, in addition to the conduct of a background review under subsection (a) with respect to that individual—

“(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) Roles of Secretary and Director of National Intelligence and Director of Federal Bureau of Investigation.—

“(1) Role of secretary.—

Under the pilot program under subsection (a), the Secretary shall conduct background reviews for all individuals described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) seeking admission to facilities of national security laboratories described in that section. Such reviews by the Secretary shall be conducted independent of and in addition to background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under that section.

“(2) Roles of director of national intelligence and director of federal bureau of investigation.—

Notwithstanding paragraph (1), during the period during which the pilot program established under subsection (a) is being carried out, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall retain primary responsibility for the conduct of all background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)).

“(d) Termination.—

The pilot program established under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act [Aug. 13, 2018].

“(e) Report Required.—Not later than 90 days after the date on which the pilot program established under subsection (a) terminates under subsection (d), the Secretary of Energy, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report on the conduct of background reviews under the pilot program that includes—

“(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 section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)); and

“(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) Definitions.—In this section:

“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(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) National security laboratory.—

The term ‘national security laboratory’ has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).”