I

106TH CONGRESS

1ST SESSION H. R. 1348

To establish a moratorium on the Foreign Visitors Program at the Department of Energy nuclear laboratories and to require the establishment

of a counterintelligence program at each of those laboratories.

IN THE HOUSE OF REPRESENTATIVES

MARCH 25, 1999

Mr. RYUN of Kansas (for himself and Mr. TAYLOR of Mississippi) introduced

the following bill; which was referred to the Committee on Armed Services

A BILL

To establish a moratorium on the Foreign Visitors Program

at the Department of Energy nuclear laboratories and

to require the establishment of a counterintelligence program at each of those 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 Foreign Visitors Program Moratorium Act of 1999’’.

6 SEC. 2. MORATORIUM ON FOREIGN VISITORS PROGRAM.

7 (a) MORATORIUM.—Until otherwise provided by law,

8 the Secretary of Energy may not admit to any facility of
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1 a national laboratory any individual who is a citizen of

2 a nation that is named on the current Department of En3 ergy sensitive countries list.

4 (b) WAIVER AUTHORITY.—(1) The Secretary of En5 ergy may waive the prohibition in subsection (a) on a case6 by-case basis with respect to specific individuals whose ad7 mission to a national laboratory is determined by the Sec8 retary to be necessary for the national security of the

9 United States.

10 (2) Before any such waiver takes effect, the Secretary

11 shall submit to the Committee on Armed Services of the

12 Senate and Committee on Armed Services of the House

13 of Representatives a report in writing providing notice of

14 the proposed waiver. The report shall identify each indi15 vidual for whom such a waiver is proposed and, with re16 spect to each such individual, provide a detailed justifica17 tion for the waiver and the Secretary’s certification that

18 the admission of that individual to a national laboratory

19 is necessary for the national security of the United States.

20 (3)(A) A waiver under paragraph (1) may not take

21 effect until a period of 10 days of continuous session of

22 Congress has expired after the date of the submission of

23 the report under paragraph (2) providing notice of that

24 waiver.

25 (B) For purposes of subparagraph (B)—
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1 (i) the continuity of a session of Congress is

2 broken only by an adjournment of the Congress sine

3 die; and

4 (ii) there shall be excluded from the computa5 tion of the 10-day period specified in that subpara6 graph Saturdays, Sundays, legal public holidays, and

7 any day on which either House of Congress in not

8 in session because of adjournment of more than

9 three days to a day certain.

10 (4) The authority of the Secretary under paragraph

11 (1) may not be delegated.

12 SEC. 3. COUNTERINTELLIGENCE PROGRAM.

13 (a) ESTABLISHMENT AT EACH LABORATORY.—The

14 Secretary of Energy shall establish a counterintelligence

15 program at each of the national laboratories. The counter16 intelligence program at each such laboratory shall have a

17 full-time staff assigned to counterintelligence functions at

18 that laboratory, including such personnel from other agen19 cies as may be approved by the Secretary. The counter20 intelligence program at each such laboratories shall be

21 under the direction of, and shall report to, the Director

22 of the Office of Counterintelligence of the Department of

23 Energy.

24 (b) INVESTIGATION OF PAST SECURITY

25 BREACHES.—The Secretary shall require that the coun-
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1 terintelligence program at each laboratory include a spe2 cific plan to investigate any breaches of security discovered

3 after the date of the enactment of this Act that occurred

4 at that laboratory before the establishment of that pro5 gram at that laboratory.

6 (c) REQUIRED BACKGROUND CHECKS ON ALL FOR7 EIGN VISITORS.—Before an individual who is a citizen of

8 a foreign nation is allowed to enter a national laboratory,

9 the Secretary shall require that a security clearance inves10 tigation (known as a ‘‘background check’’) be carried out

11 on that individual.

12 SEC. 4. REPORT TO CONGRESS.

13 The Secretary of Energy shall submit to the Com14 mittee on Armed Services of the Senate and Committee

15 on Armed Services of the House of Representatives a re16 port on the status of counterintelligence activities at each

17 of the national laboratories. The report shall be submitted

18 not earlier than the end of the six-month period beginning

19 on the date of the enactment of this Act and shall include

20 the recommendation of the Secretary as to whether section

21 2 of this Act should be repealed.

22 SEC. 5. DEFINITIONS.

23 For purposes of this Act:

24 (1) The term ‘‘national laboratory’’ means any

25 of the following:
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1 (A) The Lawrence Livermore National

2 Laboratory, Livermore, California.

3 (B) The Los Alamos National Laboratory,

4 Los Alamos, New Mexico.

5 (C) The Sandia National Laboratories, Al6 buquerque, New Mexico.

7 (2) The term ‘‘sensitive countries list’’ means

8 the list prescribed by the Secretary of Energy known

9 as the Department of Energy List of Sensitive

10 Countries.

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