Restrictions on access to national security laboratories by foreign visitors from sensitive countries

10 U.S.C. § 6222
in effect
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(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. (c) Prohibition on Admittance.—(1) 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) 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 11 So in original. 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) Rule of Construction.—Nothing 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 subpart). (e) 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 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.

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