
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7383c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
      SUBCHAPTER XV--MATTERS RELATING TO SAFEGUARDS, SECURITY, AND 
                           COUNTERINTELLIGENCE
 
Sec. 7383c. Restrictions on access to national laboratories by 
        foreign visitors from sensitive countries
        

(a) Background review required

    The Secretary of Energy may not admit to any facility of a national 
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.

(b) Moratorium pending certification

    (1) During the period described in paragraph (2), the Secretary may 
not admit to any facility of a national 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.
    (2) The period referred to in paragraph (1) is the period beginning 
30 days after October 5, 1999, and ending on the later of the following:
        (A) The date that is 90 days after October 5, 1999.
        (B) The date that is 45 days after the date on which the 
    Secretary submits to Congress the certifications described in 
    paragraph (3).

    (3) The certifications referred to in paragraph (2) are one 
certification each by the Director of Counterintelligence of the 
Department of Energy, the Director of the Federal Bureau of 
Investigation, and the Director of Central Intelligence, of each of the 
following:
        (A) That the foreign visitors program at that facility complies 
    with applicable orders, regulations, and policies of the Department 
    of Energy relating to the safeguarding and security of sensitive 
    information and fulfills any counterintelligence requirements 
    arising under such orders, regulations, and policies.
        (B) That the foreign visitors program at that facility complies 
    with Presidential Decision Directives and similar requirements 
    relating to the safeguarding and security of sensitive information 
    and fulfills any counterintelligence requirements arising under such 
    Directives or requirements.
        (C) That the foreign visitors program at that facility includes 
    adequate protections against the inadvertent release of Restricted 
    Data, information important to the national security of the United 
    States, and any other sensitive information the disclosure of which 
    might harm the interests of the United States.
        (D) That the foreign visitors program at that facility does not 
    pose an undue risk to the national security interests of the United 
    States.

(c) Waiver of moratorium

    (1) The Secretary of Energy may waive the prohibition in subsection 
(b) of this section on a case-by-case basis with respect to any specific 
individual or any specific delegation of individuals whose admission to 
a national laboratory is determined by the Secretary to be in the 
interest of the national security of the United States.
    (2) Not later than the seventh day of the month following a month in 
which a waiver is made, the Secretary shall submit a report in writing 
providing notice of each waiver made in that month to the following:
        (A) The Committee on Armed Services and the Select Committee on 
    Intelligence of the Senate.
        (B) The Committee on Armed Services and the Permanent Select 
    Committee on Intelligence of the House of Representatives.

    (3) Each such report shall be in classified form and shall contain 
the identity of each individual or delegation for whom such a waiver was 
made and, with respect to each such individual or delegation, the 
following information:
        (A) A detailed justification for the waiver.
        (B) For each individual with respect to whom a background review 
    was conducted, whether the background review determined that 
    negative information exists with respect to that individual.
        (C) The Secretary's certification that the admission of that 
    individual or delegation to a national laboratory is in the interest 
    of the national security of the United States.

    (4) The authority of the Secretary under paragraph (1) may be 
delegated only to the Director of Counterintelligence of the Department 
of Energy.

(d) Exception to moratorium for certain individuals

    The moratorium under subsection (b) of this section shall not apply 
to any person who--
        (1) is, on October 5, 1999, an employee or assignee of the 
    Department of Energy, or of a contractor of the Department; and
        (2) has undergone a background review in accordance with 
    subsection (a) of this section.

(e) Exception to moratorium for certain programs

    The moratorium under subsection (b) of this section shall not 
apply--
        (1) to activities relating to cooperative threat reduction with 
    states of the former Soviet Union; or
        (2) to the materials protection control and accounting program 
    of the Department.

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

(g) 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 
    Central 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 ``sensitive countries list'' means the list 
    prescribed by the Secretary of Energy known as the Department of 
    Energy List of Sensitive Countries as in effect on January 1, 1999.

(Pub. L. 106-65, div. C, title XXXI, Sec. 3146, Oct. 5, 1999, 113 Stat. 
935.)
