[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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