Graded review for partnerships with National Laboratories

(a) In general The Secretary of Energy shall establish a graded review process to review any private sector entity seeking to enter into an agreement with, or perform work with, one or more National Laboratories to reduce duplication of review by the Secretary of any of the following: (1) The finances of such private sector entity. (2) Whether such private sector entity is owned, controlled, influenced by a foreign entity. (3) Technical reviews, as determined by the Secretary. (b) Requirements (1) The process established under paragraph (a) shall distinguish among— (A) entities and proposed work that have not previously been reviewed by the Department, which shall be subject to standard review; (B) entities that have previously been reviewed by the Department but seek to perform work in a different technical area, scope of work, or risk profile, which shall be subject to expedited supplemental review that relies, to the maximum extent practicable, on prior Department review of the entity; and (C) entities listed by the Department as having completed Department review for the same or similar technical area, scope of work, and risk profile, for which National Laboratories and their management and operating contractors shall rely on the prior Department review and shall not conduct a de novo review, except where additional review is required under this section. (2) Reviews required under paragraph (a) shall be conducted by the counterintelligence office or its equivalence of the applicable National Laboratory, to the maximum extent practicable. Additional review by the Department shall be required only where the proposed work involves both— (A) a technology area identified by the Secretary in a Department risk matrix as presenting elevated research security, export control, foreign engagement, or counterintelligence risk; and (B) an entity that is organized under the laws of, owned in part or in whole, or controlled by, or otherwise subject to the jurisdiction or direction of, a country of concern. (c) Centralized mechanism (1) In general In establishing a graded review process under subsection (a), the Secretary of Energy shall maintain a centralized mechanism that includes information relating to any entity reviewed under such subsection by the Secretary, including information related to the technical area, scope of work, or risk profile of such entity. (2) Updates The Secretary of Energy shall establish procedures to update the centralized mechanism established under paragraph (1) to ensure such centralized mechanism includes any material change, as determined by the Secretary, in ownership, control, financing, foreign affiliations, proposed work, facility access, information access, or other risk-relevant circumstances of an entity reviewed under subsection (a). (d) Definitions In this section: (1) National Laboratory The term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (2) Country of concern The term country of concern has the meaning given the term foreign country of concern in section 10638 of subtitle D of title VI of the Research and Development, Competition, and Innovation Act (enacted as division B of Public Law 117–167; 42 U.S.C. 19237)).