,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dfcd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bg1     
#bjbb,mr4 ,barrasso introduced the      
following bill2 which was read twice and
 referred to the ,committee on ,energy  
and ,natural ,resources  ,a ,,bill  ,to 
require the ,secretary of ,energy to    
administer polygraph examinations to    
certain foreign nationals with access to
 nonpublic areas or information of the  
,national ,laboratories4  #a4 ,polygraph
 examinations for certain foreign       
nationals with access to nonpublic      
,national ,laboratory areas or          
information  7a7 ,definitions ,in this  
section3 7#a7 ,covered foreign national 
7,a7 ,in general ,the term covered      
foreign national means a foreign        
national who-- 7i7 is a citizen or      
national of1 or otherwise owes          
allegiance to1 a country that1 as of the
 date described in subparagraph 7,b71 is
 designated as a country of particular  
concern under section #djb of the       

,international ,religious ,freedom ,act 
of #aiih 7#bb ,u4,s4,c4 #fddb72 and     
7ii7 is not-- 7,i7 a national of the    
,united ,states2 or  7,,ii7 lawfully    
admitted for permanent residence4  7,b7 
,date described ,the date referred to in
 subparagraph 7,a77i7 is1 as            
applicable-- 7i7 the date on which the  
foreign national begins work-- 7,i7 in a
 position at a ,national ,laboratory2 or
  7,,ii7 in any other position at the   
,department in which the foreign        
national will have access to nonpublic  
areas1 data1 or information of a        
,national ,laboratory2 or  7ii7 the date
 on which the foreign national is       
initially granted access to nonpublic   
areas1 data1 or information of a        
,national ,laboratory under a contract  
or agreement with the ,department4  7#b7
 ,department ,the term ,department means
 the ,department of ,energy4  7#c7      
,lawfully admitted for permanent        
residence ,the term lawfully admitted   
for permanent residence has the meaning 

given the term in section #aja7;a7 of   
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #aaja7;a774  7#d7         
,national of the ,united ,states ,the   
term national of the ,united ,states has
 the meaning given the term in section  
#aja7;a7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aaja7;a774  7#e7 ,national ,laboratory 
,the term ,national ,laboratory has the 
meaning given the term in section #b of 
the ,energy ,policy ,act of #bjje 7#db  
,u4,s4,c4 #aehja74  7#f7 ,qualifying    
polygraph examination ,the term         
qualifying polygraph examination means a
 polygraph examination that is carried  
out in a manner that1 as determined by  
the ,secretary1 is consistent with      
,intelligence ,community ,policy        
,guidance #gjd4f published by the       
,director of ,national ,intelligence and
 entitled ,conduct of ,polygraph        
,examinations for ,personnel ,security  
,vetting 7or successor guidance74  7#g7 
,secretary ,the term ,secretary means   

the ,secretary of ,energy1 acting       
through the ,director of the ,office of 
,intelligence and ,counterintelligence4 
7b7 ,qualifying polygraph examinations  
7#a7 ,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 areas1 data1 or     
information of a ,national ,laboratory1 
the ,secretary shall administer a       
qualifying polygraph examination to the 
covered foreign national4  7#b7         
,existing employees of the ,department  
7,a7 ,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 areas1 data1 or information
 of a ,national ,laboratory1 the        
,secretary shall administer a qualifying

 polygraph examination to the employee4 
7,b7 ,certain existing employees with   
access to nonpublic information  7i7    
,existing employees who are covered     
foreign nationals ,each employee of the 
,department who1 as of the date of      
enactment of this ,act1 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 areas1 data1 or information of
 a ,national ,laboratory shall be       
required to submit to a qualifying      
polygraph examination by a date         
determined by the ,secretary1 but not   
later than #a year after the date of    
enactment of this ,act1 to remain in    
that position4  7ii7 ,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 areas1 data1 or 

information of a ,national ,laboratory  
shall be required to submit to a        
qualifying polygraph examination-- 7,i7 
as soon as practicable after becoming a 
covered foreign national2 and  7,,ii7   
before being transferred1 promoted1 or  
otherwise hired into another position at
 the ,department in which the employee  
will have access to nonpublic areas1    
data1 or information of a ,national     
,laboratory if the employee is a covered
 foreign national as of the date of the 
transfer1 promotion1 or hiring4  7#c7   
,contractors and other individuals with 
access to nonpublic information ,before 
a covered foreign national is initially 
granted access to nonpublic areas1 data1
 or information of a ,national          
,laboratory under a contract or         
agreement with the ,department1 the     
,secretary shall administer a qualifying
 polygraph examination to the covered   
foreign national4  7c7 ,specific ,issue 
,polygraph examinations ,the ,secretary 
may require a covered foreign national  

to submit to a ,specific ,issue         
,polygraph examination 7within the      
meaning of ,intelligence ,community     
,policy ,guidance #gjd4f published by   
the ,director of ,national ,intelligence
 and entitled ,conduct of ,polygraph    
,examinations for ,personnel ,security  
,vetting 7or successor guidance77 at any
 time during which the covered foreign  
national is employed by the ,department4
  7d7 ,reexamination ,the ,secretary    
shall require each employee of the      
,department who is a covered foreign    
national to be reexamined with an       
appropriate polygraph examination-- 7#a7
 not less frequently than once every #e 
years while employed by the ,department2
 and  7#b7 in a manner consistent with  
other members of the intelligence       
community 7as defined in section #c of  
the ,national ,security ,act of #aidg   
7#ej ,u4,s4,c4 #cjjc77 that require     
reexamination every #e years4  7e7      
,refusal of examination2 termination of 
employment  7#a7 ,in general ,if a      

covered foreign national refuses to     
submit to a polygraph examination under 
this section-- 7,a7 the covered foreign 
national shall not be granted access to 
any nonpublic areas1 data1 or           
information of a ,national ,laboratory1 
and any existing grant of access to such
 areas1 data1 or information shall be   
immediately revoked2 and  7,b7 if the   
covered foreign national is an employee 
of the ,department1 the employment of   
the covered foreign national at the     
,department shall be terminated4  7#b7  
,certain employees of the ,department   
7,a7 ,employees under consideration for 
transfer to certain positions ,paragraph
 7#a77;,b7 shall apply to an employee of
 the ,department described in subsection
 7b77#b77;,a7 who does not have access  
to nonpublic areas1 data1 or information
 of the ,department but is under        
consideration for a transfer to a       
position described in that paragraph    
such that1 if the employee refuses to   
submit to a polygraph examination under 

this section-- 7i7 the employee shall be
 ineligible for the transfer2 and  7ii7 
the employment of the employee at the   
,department shall be terminated4  7,b7  
,employees with access to nonpublic     
areas or information ,paragraph         
7#a77;,b7 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 areas1 data1 or information of
 a ,national ,laboratory such that1 if  
the employee refuses to submit to a     
polygraph examination under this        
section1 the employment of the employee 
at the ,department1 including at any    
,national ,laboratory1 shall be         
terminated4  7#c7 ,potential employees  
of the ,department ,a covered foreign   
national who is under consideration for 
employment in a position described in   
subsection 7b77#a7 and refuses to submit
 to a polygraph examination under this  

section-- 7,a7 shall be removed from    
consideration for employment in that    
position2 and  7,b7 in accordance with  
paragraph 7#d71 shall not be eligible   
for employment at the ,department1      
including at any ,national ,laboratory4 
7#d7 ,subsequent employment at the      
,department  7,a7 ,in general ,a covered
 foreign national shall not be eligible 
for employment at the ,department1      
including at any ,national ,laboratory1 
if the covered foreign national         
previously refused to submit to a       
polygraph examination under this        
section4  7,b7 ,change in status ,a     
foreign national who is lawfully        
admitted for permanent residence shall  
not be eligible for employment at the   
,department1 including at any ,national 
,laboratory1 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 national4  7f7       
,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 examination4