§ 2652.
Restrictions on access to national security laboratories by foreign visitors from sensitive countries
(c)
Prohibition on admittance
(2)
Waiver
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 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 described
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 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.
(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 chapter).
(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.
([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].)