42 USC § 19038 - Plan with respect to controlled information and background screening

---
identifier: "/us/usc/t42/s19038"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 19038 - Plan with respect to controlled information and background screening"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "19038"
section_name: "Plan with respect to controlled information and background screening"
chapter_number: 163
chapter_name: "RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION"
subchapter_number: "III"
subchapter_name: "NATIONAL SCIENCE FOUNDATION FOR THE FUTURE"
part_number: "D"
part_name: "NSF Research Security"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 117–167, div. B, title III, § 10339, Aug. 9, 2022, 136 Stat. 1554.)"
---


# § 19038. Plan with respect to controlled information and background screening

**(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** 42 U.S.C. 2011[^1]

The term “classified information” means any information that has been determined pursuant to Executive Order 13526, any predecessor or successor order, or sections 1-274, 275-321, and 1001-3115 of the Atomic Energy Act of 1954 (-2021, 2022-2286i, 2296a-2297h-13)  to require protection against unauthorized disclosure and that is so designated.

See References in Text note below.

**(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.

---

**Source Credit**: (Pub. L. 117–167, div. B, title III, § 10339, Aug. 9, 2022, 136 Stat. 1554.)

## Editorial Notes

### References in Text

Executive Order 13526, referred to in subsec. (b)(1), is set out as a note under , War and National Defense.

The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is , as added by , , 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  and Tables.

Executive Order 13556, referred to in subsec. (b)(2), is set out as a note under , Public Printing and Documents.