[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1734 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1734
To enhance the research security protocols of the Department of Energy
for the purpose of preventing theft of government research by nationals
of foreign countries of concern, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Barrasso introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To enhance the research security protocols of the Department of Energy
for the purpose of preventing theft of government research by nationals
of foreign countries of concern, and for other purposes.
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 ``Securing American Research from
Foreign Adversaries Act'' or the ``SARFA Act''.
SEC. 2. RESEARCH SECURITY.
Section 10114(a)(2) of the Research and Development, Competition,
and Innovation Act (42 U.S.C. 18912(a)(2)) is amended by striking
``authorized'' and all that follows through the period at the end and
inserting ``administered or provided, as applicable, by the Department
of Energy, including National Laboratories (as defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)).''.
SEC. 3. POLYGRAPH EXAMINATIONS FOR CERTAIN FOREIGN NATIONALS WITH
ACCESS TO NONPUBLIC NATIONAL LABORATORY AREAS OR
INFORMATION.
(a) Definitions.--In this section:
(1) Covered foreign national.--
(A) In general.--The term ``covered foreign
national'' means a foreign national who--
(i) is a citizen or national of, or
otherwise owes allegiance to, a country that,
as of the date described in subparagraph (B),
is a foreign country of concern (as defined in
section 10612(a) of the Research and
Development, Competition, and Innovation Act
(42 U.S.C. 19221(a))); and
(ii) is not--
(I) a national of the United
States; or
(II) lawfully admitted for
permanent residence.
(B) Date described.--The date referred to in
subparagraph (A)(i) is, as applicable--
(i) the date on which the foreign national
begins work--
(I) in a position at a National
Laboratory; or
(II) in any other position at the
Department in which the foreign
national will have access to nonpublic
areas, data, or information of a
National Laboratory; or
(ii) the date on which the foreign national
is initially granted access to nonpublic areas,
data, or information of a National Laboratory
under a contract or agreement with the
Department.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Lawfully admitted for permanent residence.--The term
``lawfully admitted for permanent residence'' has the meaning
given the term in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)).
(4) National of the united states.--The term ``national of
the United States'' has the meaning given the term in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Qualifying polygraph examination.--The term
``qualifying polygraph examination'' means a polygraph
examination that is carried out in a manner that, as determined
by the Secretary, is consistent with Intelligence Community
Policy Guidance 704.6 published by the Director of National
Intelligence and entitled ``Conduct of Polygraph Examinations
for Personnel Security Vetting'' (or successor guidance).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Director of the Office of
Intelligence and Counterintelligence.
(b) Qualifying Polygraph Examinations.--
(1) Potential employees of the department.--Before a
covered foreign national is hired by the Department to work in
a position at a National Laboratory or in any position in which
the covered foreign national will have access to nonpublic
areas, data, or information of a National Laboratory, the
Secretary shall administer a qualifying polygraph examination
to the covered foreign national.
(2) Existing employees of the department.--
(A) In general.--Before an employee of the
Department who is a covered foreign national may be
transferred to a position at a National Laboratory or
to any other position at the Department in which the
employee will have access to nonpublic areas, data, or
information of a National Laboratory, the Secretary
shall administer a qualifying polygraph examination to
the employee.
(B) Certain existing employees with access to
nonpublic information.--
(i) Existing employees who are covered
foreign nationals.--Each employee of the
Department who, as of the date of enactment of
this Act, is a covered foreign national who
works in a position at a National Laboratory or
in any other position at the Department in
which the employee has access to nonpublic
areas, data, or information of a National
Laboratory shall be required to submit to a
qualifying polygraph examination by a date
determined by the Secretary, but not later than
1 year after the date of enactment of this Act,
to remain in that position.
(ii) Existing employees who become covered
foreign nationals.--An employee of the
Department who works in a position at a
National Laboratory or in any other position at
the Department in which the employee has access
to nonpublic areas, data, or information of a
National Laboratory shall be required to submit
to a qualifying polygraph examination--
(I) as soon as practicable after
becoming a covered foreign national;
and
(II) before being transferred,
promoted, or otherwise hired into
another position at the Department in
which the employee will have access to
nonpublic areas, data, or information
of a National Laboratory if the
employee is a covered foreign national
as of the date of the transfer,
promotion, or hiring.
(3) Contractors and other individuals with access to
nonpublic information.--Before a covered foreign national is
initially granted access to nonpublic areas, data, or
information of a National Laboratory under a contract or
agreement with the Department, the Secretary shall administer a
qualifying polygraph examination to the covered foreign
national.
(c) Specific Issue Polygraph Examinations.--The Secretary may
require a covered foreign national to submit to a Specific Issue
Polygraph examination (within the meaning of Intelligence Community
Policy Guidance 704.6 published by the Director of National
Intelligence and entitled ``Conduct of Polygraph Examinations for
Personnel Security Vetting'' (or successor guidance)) at any time
during which the covered foreign national is employed by the
Department.
(d) Reexamination.--The Secretary shall require each employee of
the Department who is a covered foreign national to be reexamined with
an appropriate polygraph examination--
(1) not less frequently than once every 5 years while
employed by the Department; and
(2) in a manner consistent with other members of the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) that require
reexamination every 5 years.
(e) Refusal of Examination; Termination of Employment.--
(1) In general.--If a covered foreign national refuses to
submit to a polygraph examination under this section--
(A) the covered foreign national shall not be
granted access to any nonpublic areas, data, or
information of a National Laboratory, and any existing
grant of access to such areas, data, or information
shall be immediately revoked; and
(B) if the covered foreign national is an employee
of the Department, the employment of the covered
foreign national at the Department shall be terminated.
(2) Certain employees of the department.--
(A) Employees under consideration for transfer to
certain positions.--Paragraph (1)(B) shall apply to an
employee of the Department described in subsection
(b)(2)(A) who does not have access to nonpublic areas,
data, or information of the Department but is under
consideration for a transfer to a position described in
that paragraph such that, if the employee refuses to
submit to a polygraph examination under this section--
(i) the employee shall be ineligible for
the transfer; and
(ii) the employment of the employee at the
Department shall be terminated.
(B) Employees with access to nonpublic areas or
information.--Paragraph (1)(B) shall apply to any
employee of the Department who is a covered foreign
national and works in a position at a National
Laboratory or in any other position at the Department
in which the employee has access to nonpublic areas,
data, or information of a National Laboratory such
that, if the employee refuses to submit to a polygraph
examination under this section, the employment of the
employee at the Department, including at any National
Laboratory, shall be terminated.
(3) Potential employees of the department.--A covered
foreign national who is under consideration for employment in a
position described in subsection (b)(1) and refuses to submit
to a polygraph examination under this section--
(A) shall be removed from consideration for
employment in that position; and
(B) in accordance with paragraph (4), shall not be
eligible for employment at the Department, including at
any National Laboratory.
(4) Subsequent employment at the department.--
(A) In general.--A covered foreign national shall
not be eligible for employment at the Department,
including at any National Laboratory, if the covered
foreign national previously refused to submit to a
polygraph examination under this section.
(B) Change in status.--A foreign national who is
lawfully admitted for permanent residence shall not be
eligible for employment at the Department, including at
any National Laboratory, if the foreign national
previously refused to submit to a polygraph examination
under this section at a time when the foreign national
was a covered foreign national.
(f) Savings Provision.--Nothing in this section authorizes the
Secretary to require an individual who is not a covered foreign
national to submit to a polygraph examination.
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