42 U.S.C. § 19038: Plan with respect to…

Summary

The Director must make a plan within 180 days after August 9, 2022, working with the Director of National Intelligence and other agencies as needed. The plan must find which Foundation-funded research, including key technology areas, might require access to controlled unclassified or classified information. The plan must also require careful vetting before allowing Foundation employees or people on Foundation-funded R&D awards to access that information. Classified information — information designated for protection under Executive Order 13526 or sections 1–274, 275–321, and 1001–3115 of the Atomic Energy Act of 1954 (42 U.S.C. 2011–2021, 2022–2286i, 2296a–2297h–13). Controlled unclassified information (CUI) — information labeled as CUI under Executive Order 13556 (or a successor) that must be protected.

Title 42, §19038

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Not later than 180 days after August 9, 2022, the Director, in consultation with the Director of National Intelligence and, as appropriate, other Federal agencies, shall develop a plan to—

(1)identify research areas supported by the Foundation, including in the key technology focus areas, that may involve access to controlled unclassified or classified information, including in the key technology focus areas; and

(2)exercise due diligence in granting access, as appropriate, to the CUI or classified information identified under paragraph (1) to individuals working on such research who are employees of the Foundation or covered individuals on research and development awards funded by the Foundation.

(b)Definitions

In this section: (1) Classified information

(2)Controlled unclassified information

The term “controlled unclassified information” or “CUI” means information described as “Controlled Unclassified Information” under Executive Order 13556 or any successor order, to require protection against unauthorized disclosure and that is so designated.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 13526, referred to in subsec. (b)(1), is set out as a note under section 3161 of Title 50, War and National Defense. The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. Some of the Code sections referred to in subsec. (b)(1) are not part of the Act, and some of the Code sections that are part of the Act have been repealed. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables. Executive Order 13556, referred to in subsec. (b)(2), is set out as a note under section 3501 of Title 44, Public Printing and Documents.

§19038 Plan with Respect to Controlled Information and Background Screening