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.
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.
Prohibition on Admittance .—
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).
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—
the admittance of such individual to the facility is in the national security interests of the United States;
no classified or restricted data will be revealed to such individual in connection with the admittance of such individual to the facility;
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
11 So in original. 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.
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 national security laboratory;
a nuclear weapons production facility; or
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.
The prohibition under paragraph (1) shall take effect on .
Rule of Construction .—
Nothing in this section shall be construed to limit or otherwise affect the authority of the Secretary or the Administrator to—
admit to a facility described in paragraph (3) of subsection (c)—
a citizen or lawful permanent resident of the United States;
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
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
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).
Definitions .—
For purposes of this section:
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.
The term “covered foreign nation” means—
the People’s Republic of China;
the Russian Federation;
the Democratic People’s Republic of Korea; and
the Islamic Republic of Iran.
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. 119–60, div. C, title XXXI, § 3111(a)139 Stat. 1401(Added and amended , (d)(2), , , 1462.)
Editorial Notes
Prior Provisions
section 8287 of this titleA prior section 6222 was renumbered .
section 2652 of Title 50Pub. L. 119–60, § 3111(b)(1)Provisions similar to those in this section were contained in , War and National Defense, prior to repeal by .
Amendments
Pub. L. 119–60, § 3111(d)(2)(B)2025—, realigned margins.
Pub. L. 119–60, § 3111(d)(2)(A)In generalWaiverFacilities describedEffective dateSubsec. (c). , struck out pars. (1) to (4) headings which read as follows: “”, “”, “”, and “”, respectively.
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, § 3121132 Stat. 2295Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(M)139 Stat. 1461
In General .—
section 6222(a) of title 10The Secretary of Energy shall establish a pilot program to assess the feasibility and advisability of conducting background reviews required by , United States Code[,] within the Department of Energy.
Requirements .—
section 6222(a) of title 10Under the pilot program established under subsection (a), the Secretary may admit an individual described in , United States Code[,] 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—
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
a security plan is developed and implemented to mitigate the risks associated with the admission of that individual to that facility.
Roles of Secretary and Director of National Intelligence and Director of Federal Bureau of Investigation.—
Role of secretary .—
section 6222(a) of title 10Under the pilot program under subsection (a), the Secretary shall conduct background reviews for all individuals described in , United States Code[,] 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.
Roles of director of national intelligence and director of federal bureau of investigation .—
section 6222(a) of title 10Notwithstanding 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 , United States Code.
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 [].
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—
section 6222(a) of title 10 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 , United States Code; and
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.
Definitions .—
In this section:
Appropriate congressional committees .—
The term ‘appropriate congressional committees’ means—
the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
National security laboratory .—
section 6101 of title 10The term ‘national security laboratory’ has the meaning given that term in , United States Code.”