Amendments
2024—Subsec. (d)(3). [Pub. L. 118–159] added par. (3).
2019—[Pub. L. 116–92] amended section generally. Prior to amendment, section related to establishment, director, duties, and annual reports of the Office of Counterintelligence.
2006—Subsec. (b)(1). [Pub. L. 109–364] substituted “who shall be an employee in the Senior Executive Service, the Senior Intelligence Service, the Senior National Intelligence Service, or any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate” for “which shall be a position in the Senior Executive Service”.
Effective Date
Section effective Oct. 5, 1999, see [section 3299 of Pub. L. 106–65], set out as a note under section 2401 of Title 50, War and National Defense.
Office of Intelligence and Counterintelligence Review of Visitors and Assignees
[Pub. L. 118–159, div. F, title LXIV, § 6432], Dec. 23, 2024, [138 Stat. 2488], provided that:“(a)
Definitions.—
In this section:
“(1)
Appropriate congressional committees.—
The term ‘appropriate congressional committees’ means—
“(A)
the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives];
“(B)
the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
“(C)
the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.
“(2)
Country of risk.—
The term ‘country of risk’ means—
“(A)
the People’s Republic of China;
“(B)
the Russian Federation;
“(C)
the Islamic Republic of Iran; and
“(D)
the Democratic People’s Republic of Korea.
“(3)
Covered assignee; covered visitor.—
The terms ‘covered assignee’ and ‘covered visitor’ mean a foreign national from a country of risk who—
“(A)
is not an employee of either the Department of Energy or the management and operations contractor operating a National Laboratory on behalf of the Department of Energy; and
“(B)
has requested access to the premises, information, or technology of a National Laboratory.
“(4)
Director.—
The term ‘Director’ means the Director of the Office of Intelligence and Counterintelligence of the Department of Energy (or their designee).
“(5)
Foreign national.—
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)).
“(6)
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).
“(7)
Nontraditional intelligence collection.—
The term ‘nontraditional intelligence collection’ means a risk posed by an individual not employed by a foreign intelligence service, who is seeking access to information about a capability, research, or organizational dynamics of the United States to inform a foreign adversary or non-state actor.
“(b)
Policy for Review of Covered Visitor and Covered Assignee Access Requests.—
(1)
The Director shall, in consultation with the applicable Under Secretary of the Department of Energy that oversees the National Laboratory, or their designee, promulgate a policy to assess the counterintelligence risk that covered visitors or covered assignees pose to the research or activities undertaken at a National Laboratory.
“(2)
Prior to being granted access to the premises, information, or technology of a National Laboratory, a covered visitor or covered assignee should be appropriately screened by the National Laboratory and the Office of Intelligence and Counterintelligence of the Department in accordance with the policy promulgated under paragraph (1).
“(c)
Advice With Respect to Covered Visitors or Covered Assignees.—
“(1)
In general.—
The Director shall provide advice to a National Laboratory on covered visitors and covered assignees when 1 or more of the following conditions are present:
“(A)
The Director has reason to believe that a covered visitor or covered assignee poses a nontraditional intelligence collection risk.
“(B)
The Director is in receipt of information indicating that a covered visitor or covered assignee poses a counterintelligence risk to a National Laboratory.
“(2)
Advice described.—
Advice provided to a National Laboratory in accordance with paragraph (1) shall include a description of the assessed risk.
“(3)
Risk mitigation.—
When appropriate, the Director shall, in consultation with the Secretary of Energy, or the Secretary’s designee, provide recommendations to mitigate the assessed risk as part of the advice provided in accordance with paragraph (1).
“(d)
Reports to Congress.—
Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], and quarterly thereafter, the Secretary of Energy shall submit to the appropriate congressional committees a report, which shall include—
“(1)
the number of covered visitors or covered assignees permitted to access the premises, information, or technology of each National Laboratory during the previous quarter;
“(2)
the number of instances in which the Director provided advice to a National Laboratory in accordance with subsection (c) during the previous quarter; and
“(3)
the number of instances in which a National Laboratory took action inconsistent with advice provided by the Director in accordance with subsection (c) during the previous quarter.
“(e)
Funding.—
The Secretary of Energy may expend such sums as are authorized to be appropriated for the purposes detailed in this section.”