Sec. 309. Department of Energy review of certain foreign visitors and assignees to National Laboratories
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In this section: The term appropriate committees of Congress means— the Select Committee on Intelligence of the Senate; the Committee on Energy and Natural Resources of the Senate; the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives. The term Director means the Director of the Office of Intelligence and Counterintelligence of the Department of Energy (or a designee). The term foreign national has the meaning given the term alien in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ).
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 ). The term sensitive country means a country to which particular consideration is given for policy reasons during the Department of Energy internal review and approval process for visits by, and assignments of, foreign nationals to National Laboratories. The term sensitive country national means a foreign national who was born in, is a citizen of, or is employed by a government, employer, institution, or organization of, a sensitive country.
The term sensitive country visitor or assignee means a visitor or assignee who is a sensitive country national. For purposes of this paragraph: The term assignee means an individual who is seeking approval from, or has been approved by, a National Laboratory to access the premises, information, or technology of the National Laboratory for a period of more than 30 consecutive calendar days. The term visitor mans an individual who is seeking approval from, or has been approved by, a National Laboratory to access the premises, information, or technology of the National Laboratory for any period other than a period described in clause (i).
On determination that a proposed sensitive country visitor or assignee poses a counterintelligence risk to a National Laboratory, the Director shall— notify the National Laboratory of the determination; and provide a recommendation to the National Laboratory on whether to grant or deny the proposed sensitive country visitor or assignee access to the premises, information, or technology of the National Laboratory. A National Laboratory may not allow a sensitive country visitor or assignee that the Director has identified as a counterintelligence risk under paragraph
(1)to have any access to the premises, information, or technology of the National Laboratory until the Director has submitted the notification and recommendation to the National Laboratory as described in paragraph (1). If the Director makes a recommendation under paragraph
(1)that a sensitive country visitor or assignee should not be granted access to the premises, information, or technology of a National Laboratory— the Director shall notify each National Laboratory of that recommendation; and that recommendation shall apply to each National Laboratory with respect to that sensitive country visitor or assignee. After receiving a recommendation to deny access under subsection (b)(1)(B), a National Laboratory shall submit to the Director a notification of the decision of the National Laboratory to grant or deny access to the premises, information, or technology of the National Laboratory to the sensitive country visitor or assignee that is the subject of the recommendation. If a National Laboratory decides to grant access to a sensitive country visitor or assignee despite a recommendation to deny access, the notification under paragraph
(1)shall be submitted to the Director before the sensitive country visitor or assignee is granted access to the premises, information, or technology of the National Laboratory. The Director shall submit to the appropriate committees of Congress an unclassified quarterly report listing each instance in which a National Laboratory indicates in a notification submitted under subsection (c)(1) that the National Laboratory has decided to grant a sensitive country visitor or assignee access to the premises, information, or technology of the National Laboratory. Each quarterly report under paragraph
(1)shall include the recommendation of the Director under subsection (b)(1)(B) with respect to the applicable sensitive country visitor or assignee.
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Sec. 309
Department of Energy review of certain foreign visitors and assignees to National Laboratories
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