II 

117TH CONGRESS 

2D SESSION S. 4634 

To require the Secretary of Energy to administer polygraph examinations 

to certain foreign nationals with access to nonpublic areas or information 

of the National Laboratories. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2022 

Mr. BARRASSO introduced the following bill; 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 Laboratories. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. POLYGRAPH EXAMINATIONS FOR CERTAIN 

4 FOREIGN NATIONALS WITH ACCESS TO NON5 PUBLIC NATIONAL LABORATORY AREAS OR 

6 INFORMATION. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COVERED FOREIGN NATIONAL.— 


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1 (A) IN GENERAL.—The term ‘‘covered for2 eign national’’ means a foreign national who— 

3 (i) is a citizen or national of, or other4 wise owes allegiance to, a country that, as 

5 of the date described in subparagraph (B), 

6 is designated as a country of particular 

7 concern under section 402 of the Inter8 national Religious Freedom Act of 1998 

9 (22 U.S.C. 6442); and 

10 (ii) is not— 

11 (I) a national of the United 

12 States; or 

13 (II) lawfully admitted for perma14 nent residence. 

15 (B) DATE DESCRIBED.—The date referred 

16 to in subparagraph (A)(i) is, as applicable— 

17 (i) the date on which the foreign na18 tional begins work— 

19 (I) in a position at a National 

20 Laboratory; or 

21 (II) in any other position at the 

22 Department in which the foreign na23 tional will have access to nonpublic 

24 areas, data, or information of a Na25 tional Laboratory; or 


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1 (ii) the date on which the foreign na2 tional is initially granted access to non3 public areas, data, or information of a Na4 tional Laboratory under a contract or 

5 agreement with the Department. 

6 (2) DEPARTMENT.—The term ‘‘Department’’ 

7 means the Department of Energy. 

8 (3) LAWFULLY ADMITTED FOR PERMANENT

9 RESIDENCE.—The term ‘‘lawfully admitted for per10 manent residence’’ has the meaning given the term 

11 in section 101(a) of the Immigration and Nationality 

12 Act (8 U.S.C. 1101(a)). 

13 (4) NATIONAL OF THE UNITED STATES.—The 

14 term ‘‘national of the United States’’ has the mean15 ing given the term in section 101(a) of the Immigra16 tion and Nationality Act (8 U.S.C. 1101(a)). 

17 (5) NATIONAL LABORATORY.—The term ‘‘Na18 tional Laboratory’’ has the meaning given the term 

19 in section 2 of the Energy Policy Act of 2005 (42 

20 U.S.C. 15801). 

21 (6) QUALIFYING POLYGRAPH EXAMINATION.— 

22 The term ‘‘qualifying polygraph examination’’ means 

23 a polygraph examination that is carried out in a 

24 manner that, as determined by the Secretary, is con25 sistent with Intelligence Community Policy Guidance 


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1 704.6 published by the Director of National Intel2 ligence and entitled ‘‘Conduct of Polygraph Exami3 nations for Personnel Security Vetting’’ (or suc4 cessor guidance). 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Energy, acting through the Director 

7 of the Office of Intelligence and Counterintelligence. 

8 (b) QUALIFYING POLYGRAPH EXAMINATIONS.— 

9 (1) POTENTIAL EMPLOYEES OF THE DEPART10 MENT.—Before a covered foreign national is hired 

11 by the Department to work in a position at a Na12 tional Laboratory or in any position in which the 

13 covered foreign national will have access to non14 public areas, data, or information of a National Lab15 oratory, the Secretary shall administer a qualifying 

16 polygraph examination to the covered foreign na17 tional. 

18 (2) EXISTING EMPLOYEES OF THE DEPART19 MENT.— 

20 (A) IN GENERAL.—Before an employee of 

21 the Department who is a covered foreign na22 tional may be transferred to a position at a Na23 tional Laboratory or to any other position at 

24 the Department in which the employee will have 

25 access to nonpublic areas, data, or information 


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1 of a National Laboratory, the Secretary shall 

2 administer a qualifying polygraph examination 

3 to the employee. 

4 (B) CERTAIN EXISTING EMPLOYEES WITH

5 ACCESS TO NONPUBLIC INFORMATION.— 

6 (i) EXISTING EMPLOYEES WHO ARE

7 COVERED FOREIGN NATIONALS.—Each em8 ployee of the Department who, as of the 

9 date of enactment of this Act, is a covered 

10 foreign national who works in a position at 

11 a National Laboratory or in any other po12 sition at the Department in which the em13 ployee has access to nonpublic areas, data, 

14 or information of a National Laboratory 

15 shall be required to submit to a qualifying 

16 polygraph examination by a date deter17 mined by the Secretary, but not later than 

18 1 year after the date of enactment of this 

19 Act, to remain in that position. 

20 (ii) EXISTING EMPLOYEES WHO BE21 COME COVERED FOREIGN NATIONALS.—An 

22 employee of the Department who works in 

23 a position at a National Laboratory or in 

24 any other position at the Department in 

25 which the employee has access to nonpublic 


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1 areas, data, or information of a National 

2 Laboratory shall be required to submit to 

3 a qualifying polygraph examination— 

4 (I) as soon as practicable after 

5 becoming a covered foreign national; 

6 and 

7 (II) before being transferred, 

8 promoted, or otherwise hired into an9 other position at the Department in 

10 which the employee will have access to 

11 nonpublic areas, data, or information 

12 of a National Laboratory if the em13 ployee is a covered foreign national as 

14 of the date of the transfer, promotion, 

15 or hiring. 

16 (3) CONTRACTORS AND OTHER INDIVIDUALS

17 WITH ACCESS TO NONPUBLIC INFORMATION.—Be18 fore a covered foreign national is initially granted 

19 access to nonpublic areas, data, or information of a 

20 National Laboratory under a contract or agreement 

21 with the Department, the Secretary shall administer 

22 a qualifying polygraph examination to the covered 

23 foreign national. 

24 (c) SPECIFIC ISSUE POLYGRAPH EXAMINATIONS.— 

25 The Secretary may require a covered foreign national to 


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1 submit to a Specific Issue Polygraph examination (within 

2 the meaning of Intelligence Community Policy Guidance 

3 704.6 published by the Director of National Intelligence 

4 and entitled ‘‘Conduct of Polygraph Examinations for Per5 sonnel Security Vetting’’ (or successor guidance)) at any 

6 time during which the covered foreign national is employed 

7 by the Department. 

8 (d) REEXAMINATION.—The Secretary shall require 

9 each employee of the Department who is a covered foreign 

10 national to be reexamined with an appropriate polygraph 

11 examination— 

12 (1) not less frequently than once every 5 years 

13 while employed by the Department; and 

14 (2) in a manner consistent with other members 

15 of the intelligence community (as defined in section 

16 3 of the National Security Act of 1947 (50 U.S.C. 

17 3003)) that require reexamination every 5 years. 

18 (e) REFUSAL OF EXAMINATION; TERMINATION OF

19 EMPLOYMENT.— 

20 (1) IN GENERAL.—If a covered foreign national 

21 refuses to submit to a polygraph examination under 

22 this section— 

23 (A) the covered foreign national shall not 

24 be granted access to any nonpublic areas, data, 

25 or information of a National Laboratory, and 


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1 any existing grant of access to such areas, data, 

2 or information shall be immediately revoked; 

3 and 

4 (B) if the covered foreign national is an 

5 employee of the Department, the employment of 

6 the covered foreign national at the Department 

7 shall be terminated. 

8 (2) CERTAIN EMPLOYEES OF THE DEPART9 MENT.— 

10 (A) EMPLOYEES UNDER CONSIDERATION

11 FOR TRANSFER TO CERTAIN POSITIONS.—Para12 graph (1)(B) shall apply to an employee of the 

13 Department described in subsection (b)(2)(A) 

14 who does not have access to nonpublic areas, 

15 data, or information of the Department but is 

16 under consideration for a transfer to a position 

17 described in that paragraph such that, if the 

18 employee refuses to submit to a polygraph ex19 amination under this section— 

20 (i) the employee shall be ineligible for 

21 the transfer; and 

22 (ii) the employment of the employee 

23 at the Department shall be terminated. 

24 (B) EMPLOYEES WITH ACCESS TO NON25 PUBLIC AREAS OR INFORMATION.—Paragraph 


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1 (1)(B) shall apply to any employee of the De2 partment who is a covered foreign national and 

3 works in a position at a National Laboratory or 

4 in any other position at the Department in 

5 which the employee has access to nonpublic 

6 areas, data, or information of a National Lab7 oratory such that, if the employee refuses to 

8 submit to a polygraph examination under this 

9 section, the employment of the employee at the 

10 Department, including at any National Labora11 tory, shall be terminated. 

12 (3) POTENTIAL EMPLOYEES OF THE DEPART13 MENT.—A covered foreign national who is under 

14 consideration for employment in a position described 

15 in subsection (b)(1) and refuses to submit to a poly16 graph examination under this section— 

17 (A) shall be removed from consideration 

18 for employment in that position; and 

19 (B) in accordance with paragraph (4), 

20 shall not be eligible for employment at the De21 partment, including at any National Labora22 tory. 

23 (4) SUBSEQUENT EMPLOYMENT AT THE DE24 PARTMENT.— 


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1 (A) IN GENERAL.—A covered foreign na2 tional shall not be eligible for employment at 

3 the Department, including at any National Lab4 oratory, if the covered foreign national pre5 viously refused to submit to a polygraph exam6 ination under this section. 

7 (B) CHANGE IN STATUS.—A foreign na8 tional who is lawfully admitted for permanent 

9 residence shall not be eligible for employment at 

10 the Department, including at any National Lab11 oratory, if the foreign national previously re12 fused to submit to a polygraph examination 

13 under this section at a time when the foreign 

14 national was a covered foreign national. 

15 (f) SAVINGS PROVISION.—Nothing in this section au16 thorizes the Secretary to require an individual who is not 

17 a covered foreign national to submit to a polygraph exam18 ination. 

Æ 


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