[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1348 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1348

   To establish a moratorium on the Foreign Visitors Program at the 
     Department of Energy nuclear laboratories and to require the 
    establishment of a counterintelligence program at each of those 
                             laboratories.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1999

    Mr. Ryun of Kansas (for himself and Mr. Taylor of Mississippi) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
   To establish a moratorium on the Foreign Visitors Program at the 
     Department of Energy nuclear laboratories and to require the 
    establishment of a counterintelligence program at each of those 
                             laboratories.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Foreign 
Visitors Program Moratorium Act of 1999''.

SEC. 2. MORATORIUM ON FOREIGN VISITORS PROGRAM.

    (a) Moratorium.--Until otherwise provided by law, the Secretary of 
Energy may not admit to any facility of a national laboratory any 
individual who is a citizen of a nation that is named on the current 
Department of Energy sensitive countries list.
    (b) Waiver Authority.--(1) The Secretary of Energy may waive the 
prohibition in subsection (a) on a case-by-case basis with respect to 
specific individuals whose admission to a national laboratory is 
determined by the Secretary to be necessary for the national security 
of the United States.
    (2) Before any such waiver takes effect, the Secretary shall submit 
to the Committee on Armed Services of the Senate and Committee on Armed 
Services of the House of Representatives a report in writing providing 
notice of the proposed waiver. The report shall identify each 
individual for whom such a waiver is proposed and, with respect to each 
such individual, provide a detailed justification for the waiver and 
the Secretary's certification that the admission of that individual to 
a national laboratory is necessary for the national security of the 
United States.
    (3)(A) A waiver under paragraph (1) may not take effect until a 
period of 10 days of continuous session of Congress has expired after 
the date of the submission of the report under paragraph (2) providing 
notice of that waiver.
    (B) For purposes of subparagraph (B)--
            (i) the continuity of a session of Congress is broken only 
        by an adjournment of the Congress sine die; and
            (ii) there shall be excluded from the computation of the 
        10-day period specified in that subparagraph Saturdays, 
        Sundays, legal public holidays, and any day on which either 
        House of Congress in not in session because of adjournment of 
        more than three days to a day certain.
    (4) The authority of the Secretary under paragraph (1) may not be 
delegated.

SEC. 3. COUNTERINTELLIGENCE PROGRAM.

    (a) Establishment at Each Laboratory.--The Secretary of Energy 
shall establish a counterintelligence program at each of the national 
laboratories. The counterintelligence program at each such laboratory 
shall have a full-time staff assigned to counterintelligence functions 
at that laboratory, including such personnel from other agencies as may 
be approved by the Secretary. The counterintelligence program at each 
such laboratories shall be under the direction of, and shall report to, 
the Director of the Office of Counterintelligence of the Department of 
Energy.
    (b) Investigation of Past Security Breaches.--The Secretary shall 
require that the counterintelligence program at each laboratory include 
a specific plan to investigate any breaches of security discovered 
after the date of the enactment of this Act that occurred at that 
laboratory before the establishment of that program at that laboratory.
    (c) Required Background Checks on All Foreign Visitors.--Before an 
individual who is a citizen of a foreign nation is allowed to enter a 
national laboratory, the Secretary shall require that a security 
clearance investigation (known as a ``background check'') be carried 
out on that individual.

SEC. 4. REPORT TO CONGRESS.

    The Secretary of Energy shall submit to the Committee on Armed 
Services of the Senate and Committee on Armed Services of the House of 
Representatives a report on the status of counterintelligence 
activities at each of the national laboratories. The report shall be 
submitted not earlier than the end of the six-month period beginning on 
the date of the enactment of this Act and shall include the 
recommendation of the Secretary as to whether section 2 of this Act 
should be repealed.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``national laboratory'' means any of the 
        following:
                    (A) The Lawrence Livermore National Laboratory, 
                Livermore, California.
                    (B) The Los Alamos National Laboratory, Los Alamos, 
                New Mexico.
                    (C) The Sandia National Laboratories, Albuquerque, 
                New Mexico.
            (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.
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