DOE O 142.X Draft 142.X Unclassified Foreign Visits and Assignments Program <AUTHOR> Jennifer Emanuelson <AUTHOR_EMAIL> jennifer.emanuelson@hq.doe.gov <AUTHOR_PHONE> (202)586-6828 <ORG> SO <SandH> N <SUMMARY> To define a program for unclassified foreign national access to Department of Energy sites, information, and technologies. <DATE_ISSUE> 09/11/2003 <DATE_CLOSE> <DATE_REVIEW> <TEXT> U.S. Department of Energy ORDER Washington, D.C. Approved: XX-XX-03 Sunset Review: XX-XX-05 Expires: XX-XX-07 SUBJECT: UNCLASSIFIED FOREIGN VISITS AND ASSIGNMENTS PROGRAM 1. OBJECTIVES. To define a program for unclassified foreign national access to Department of Energy (DOE) sites, information, and technologies by establishing requirements for the following. a. Reviews of foreign national access requests to ensure that unauthorized access to information, equipment, or technologies is not granted. b. An approval process for foreign national visits and assignments consistent with U.S. and DOE national security and program-specific policies, requirements, and objectives. c. A process for documenting and tracking visits and assignments by foreign nationals to DOE sites. 2. CANCELLATIONS. This Order cancels the directives listed below. a. DOE P 142.1, Unclassified Foreign Visits and Assignments, dated 7-14-99; b. DOE N 142.1, Unclassified Foreign Visits and Assignments, dated 7-14-99; c. Secretarial Memorandum dated 7-14-99, Unclassified Foreign Visits and Assignments; d. Memorandum for Distribution from Francis S. Blake, Deputy Secretary of Energy, Departmental Use of Foreign Access Central Tracking System, dated 11-05-01; e. Memorandum for Distribution from Kyle E. McSlarrow, Interim Guidance for Implementation of the Department's Unclassified Foreign Visits and Assignments Program, dated 12-17-02; and f. Secretarial Memorandum, Policy Exclusion for Unclassified Foreign National's Access to Department of Energy Facilities in Urgent or Emergency Medical Situations, dated 4-10-01. Cancellation of a directive does not, by itself, modify or otherwise affect any contractual obligation to comply with the directive. Cancelled directives incorporated by reference in a contract remain in effect until the contract is modified to delete the references to the cancelled directives. 3. APPLICABILITY. a. DOE Elements. Except for the exclusions in paragraph 3c, this Order applies to the DOE elements, including the National Nuclear Security Administration (NNSA), listed in Attachment 1. Where a responsibility or authority is assigned to an organization that is restructured, the responsibility or authority will be reassigned to the appropriate successor organization as explicitly determined by the appropriate lead program Secretarial Officer (LPSO). b. Site/Facility Management Contractors. (1) The Contractor Requirements Document (CRD), Attachment 2, sets forth the requirements of this Order that will apply to site/facility management contractors whose contracts include the CRD. (2) The CRD must be included in all site/facilities management contracts that contain DOE Acquisition Regulation (DEAR) clause 952.204-2, "Security requirements." (3) This Order does not automatically apply to other than site/facility management contractors. Application of any requirements of this directive to other than site/facility management contractors will be communicated separately from this Order. (4) As the laws, regulations, and DOE directives clause of a site/facility management contract states, regardless of the performer of the work, site/facility management contractors with the CRD incorporated into their contracts are responsible for compliance with the CRD. Affected site/facility management contractors are responsible for flowing down the requirements of the CRD to subcontractors at any tier to the extent necessary to ensure compliance with the requirements. In doing so, contractors must not unnecessarily or imprudently flow down requirements to subcontractors. That is, contractors must ensure that they and their subcontractors comply with the requirements of the CRD and only incur costs that would be incurred by a prudent person in the conduct of competitive business. (5) The officials identified in paragraph 5, Responsibilities, are responsible for notifying contracting officers of which contractors are affected. Once notified, contracting officers are responsible for incorporating this Order into the affected contracts via the laws, regulations, and DOE directives clauses of the affected contracts. c. Exclusions. (1) Events, activities, or locations that are determined to be open to the general public by the hosting site approval authority, in consultation with subject matter experts (SMEs) in security [to include cyber security, technical security, and operations security (OPSEC)] export control, technology transfer, counterintelligence and intelligence (when there is a field intelligence element on site) are exempt from this Order. Any location that requires a foreign national to pass an access control point (protective force representative, security officer, receptionist, etc.) is not a location that is open to the general public. (2) Access by foreign nationals 17 years of age or younger, who are involved in non-work-related activities (school tours, family days, etc.) does not have to be documented in the Foreign Access Central Tracking System (FACTS). Access for work-related activities by foreign nationals 17 years of age or younger, however, does require adherence to requirements of this Order. (3) Unclassified events and activities that occur outside the United States or its territories do not have to be documented in FACTS, but may require documentation in the Foreign Travel Management System or reporting to counterintelligence. (4) Consistent with the responsibilities identified in Executive Order 12344 (as prescribed by 42 U.S.C. 7158), the Deputy Administrator for Naval Reactors will determine the applicability of this Order to activities and facilities under his control. 4. REQUIREMENTS. DOE is a leader in science and technology and is responsible for advancing U.S. capabilities in energy supply, related environmental cleanup and management, and economical energy sources while protecting U.S. national security interests associated with these energy technologies. DOE values the contributions of international collaborations to the scientific and technological strength of the United States and to Departmental mission success and offers foreign national visitors and assignees access to DOE's facilities, staff, and information as participants in a broad range of unclassified work. Foreign national access to DOE sites, programs, information, and technologies will be approved provided the access is needed to support the program objectives of DOE and/or U.S. national interests [with the exception of foreign nationals 17 years old or younger as specified in paragraph 3c(2), above]. a. Implementation Plans must be developed if requirements cannot be implemented with existing resources within 6 months of the effective date of this Order. These plans must be developed within 90 days of the effective date of this Order and submitted to the Office of Security. Plans must ensure that full implementation of this Order is accomplished within 1 year of the effective date of this Order. b. Definitions. Terms commonly used in the program are defined in Attachment 3 of this Order and in the Safeguards and Security Glossary of Terms (available online at directives.doe.gov/libraries/othersources.html). c. Documentation. FACTS is the Department's official national database of information on unclassified foreign visits and assignments (UFVAs). Access to FACTS is limited to U.S. citizens. All UFVAs that require documentation will be entered in FACTS. Documentation includes the following. (1) The foreign national's biographical information. (2) Passport, visa, and Immigration and Naturalization Service (INS) information. (3) Detailed information regarding the visit or assignment request. (4) Completion of SME reviews. (5) Completion of Indices checks by the Headquarters Office of Counterintelligence, when required. (6) Local counterintelligence consultations when indices checks are required but cannot be completed by the start date of the visit or assignment. (7) Review for access approval and final approval or denial of request. (8) Closeout information, to include final status of request (completed, denied, cancelled after approval, cancelled before approval, or no show). (9) If final status is completed, the actual start date and actual end date. d. Passport, Visa, and Immigration and Naturalization Service Information. Sufficient documentation of immigrant or nonimmigrant status, identity, and citizenship is required for all foreign visitors and assignees at all DOE sites, facilities, and laboratories to verify the foreign national's identity and authority to work (when applicable for the activities involved), and to ensure that the foreign national is eligible (in lawful immigration status) to be in the United States. The passport, visa, and/or other INS information that has been validated must be documented in FACTS and reviewed annually for nonsensitive country nationals and semiannually for sensitive country nationals (individuals who were born in, are citizens of, or represent a company, business, organization or institute from countries identified as sensitive) and nationals of state sponsors of terrorism (individuals who were born in, are citizens of, or represent a company, business, organization, or institute from countries identified as state sponsors of terrorism). Passport, visa, and other INS information will be documented and maintained by the site, facility, or laboratory for those UFVA requests which are not required to be documented in FACTS. For assignments, this information will be reverified annually for nonsensitive country nationals and semiannually for sensitive country nationals. All passport, visa, and other INS information must be made available to the appropriate LPSO and the Office of Security upon request. (1) Lawful Permanent Residents of the United States. Documentation required for lawful permanent residents (previously called permanent resident aliens) includes a Permanent Resident Card (Green Card or INS Form I-551) and government-issued identification documentation which includes a photograph, such as a passport or driver's license. (2) Nonimmigrant Visitors and Assignees. Data required includes documentation of valid nonimmigrant status and a passport that is valid for a minimum of 6 months beyond the initial period of stay in the United States. The following are exceptions to these requirements. (a) The Visa Waiver Program (VWP). Foreign nationals entering the United States under the VWP are not required to have nonimmigrant visas. Data required for nonimmigrant visitors or assignees admitted to the United States under the VWP includes a valid passport and documentation of INS status (I-94W Nonimmigrant Visa Waiver Arrival/Departure Form). The countries designated under this program include Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. (b) Citizens of Canada. With the exception of Treaty Traders, Treaty Investors, or fiancés, Canadian citizens entering the United States do not require visas. For visitors and assignees who are Canadian citizens, required information includes documentation establishing Canadian citizenship (such as birth certificate, citizenship certificate, or passport) and a government-issued identification document that includes a photograph, such as a passport or driver's license. (c) Citizens of Mexico. A visitor or assignee who is a Mexican citizen must have a valid passport and documentation of a nonimmigrant visa or Form DSP-150 (Laser Visa). e. Security Plans. Each foreign national visit or assignment must be covered by an approved security plan that addresses the sensitivity factors, including area type to be visited, determination of whether information containing sensitive subjects will be shared, and affiliation with sensitive countries or countries identified as state sponsors of terrorism, and the results of SME reviews consistent with the specific requirements of this Order. (1) Specific Security Plan. A security plan is required to address specific site security concerns relating to foreign national visits or assignments. Specific security plans are required for access by foreign nationals to security areas other than property protection areas (PPAs) or optional areas within PPAs, for access to information on the Sensitive Subjects List, or for foreign national affiliation with a sensitive country or a country identified as a state sponsor of terrorism. A specific security plan is also required if the site safeguards and security plan (SSSP) or site security plan (SSP) does not provide sufficient protection of DOE facilities, programs, and information for the conduct of the foreign national visit or assignment. The specific security plan must be approved by the host of the visit or assignment and by the site approval authority and will be used in conjunction with the SSSP or SSP. (2) Generic Security Plan. If after review by SMEs, evaluation of a foreign national visit or assignment determines that none of the requirements for a specific security plan exist, and that the SSSP or the SSP provides sufficient protection of DOE facilities, programs, and information for the conduct of the foreign national visit or assignment, no further documentation of security measures for that visit or assignment is required. f. Subject Matter Expert Reviews. (1) SMEs will review requests for foreign national visits and assignments when required. These reviews include— (a) security, including cyber security, technical security, and OPSEC, and determination of sufficiency of the security plan for the specific visit or assignment; (b) export control, to include determination of export license requirements; (c) technology transfer; (d) counterintelligence; and (e) intelligence, when there is a field intelligence element on site. (2) SME reviewers will consider all factors associated with the requested access to DOE or NNSA sites, programs, information, and technologies, including location and surrounding activities, and will include determinations of whether all legal and policy-related terms and conditions associated with the proposed visit or assignment have been met. (3) SME reviews will be consistent with professional standards and practices used to ensure that any risk to the Government associated with access approval for each visit or assignment has been appropriately identified and evaluated. (4) SMEs will provide advice to the approval authority regarding access requests, and will document and provide to the approval authority any concerns before access approval determination. For requests involving nationals of state sponsors of terrorism, SMEs will provide advice to the site approval authority. (5) SME reviews will be documented in FACTS, and will include the date the review was completed and the name of the reviewer. g. Indices Checks. All UFVAs involving nationals of state sponsors of terrorism, sensitive country nationals, sensitive subjects, or security areas other than PPAs and optional areas within PPAs require indices checks, which are coordinated by the Office of Counterintelligence. (See paragraph 4i, Graded Approach, for requirements.) Indices checks are requested electronically through the process of documenting visit and assignment access requests in FACTS. In cases where indices checks must be completed before access approval determination, the request must be documented 30 days before the first day of access. In cases when there is insufficient time to complete an indices check before the first day of access, the approval authority may request a counterintelligence consultation in lieu of the completion of the indices check for sensitive country and nonsensitive country nationals. The Office of Counterintelligence may decline to conduct counterintelligence consultations if it is determined that it is not in the best interest of the Department to allow the visit or assignment to begin until an indices check is completed. Counterintelligence consultations may not be used in lieu of indices checks for nationals of state sponsors of terrorism. h. Access Approval. All foreign national access to DOE sites, programs, information, and technologies for unclassified purposes must be approved by the Secretary of Energy or by a delegated approval authority. Access approvals are subject to validation and verification of the information submitted for the access request when the visit or assignment begins. (1) Access Approval Determinations. For all foreign national access approval requests, the following apply. (a) The approval authority must take into consideration all information from the review process, including SME reviews, and must evaluate potential impacts on local site operations. (b) Determination of access approval must be consistent with professional standards and practices used to ensure that any risk to the Government associated with the access granted has been appropriately identified, evaluated, and mitigated. (c) For the request to be approved, it must be determined that the benefits to the Government are greater than the risks associated with the presence of the foreign national at a DOE site/facility. (d) All legal and policy-related terms and conditions associated with the proposed visit or assignment must be met before approval is granted. Those terms and conditions include, but are not limited to, consideration for other activities at the site, visa sponsorship requirements, visa status conditions and requirements, right-to-work requirements, and international agreements. (e) Approval determinations will be documented in FACTS, including the date of the determination, whether approved or denied, and the name of the approval authority. (2) Delegation of Approval Authority. Approvals for foreign national access must be consistent with line management accountability requirements. (a) Approval authorities must be U.S. citizens. (b) Field Sites. Line management accountability flows from the Secretary through the Deputy Secretary or Under Secretaries, to program Secretarial Officers (PSOs), to heads of DOE field elements, to the site management official or laboratory director for the hosting site, who has been delegated specific authority and responsibility to approve access. When the site management official or laboratory director is not a U.S. citizen, the head of the cognizant DOE field element will delegate the approval authority. Final approval authority can be delegated to hosting site management officials or laboratory directors for access requests for sensitive country nationals and nonsensitive country nationals. For a hosting site management official or laboratory director to further delegate approval authority, he or she must first develop a plan and related procedures for that delegation. The plan must be approved by the head of the cognizant DOE field element. Once the plan is approved, approval authority may be redelegated to another U.S. citizen employee. All delegations of approval authority must be in writing and be promulgated by the approval authority, and copies must be provided to the cognizant DOE field element and LPSO, the hosting site foreign visits and assignments office, and the Office of Security. Site management officials and laboratory directors will be held accountable for all approval decisions made by themselves or by the delegatees. Delegatees may not further delegate this authority. (c) Headquarters Elements. Headquarters staff and support office accountability flows from the Office of the Secretary to heads of program offices. Final approval authority can be delegated to Headquarters heads of program offices for access requests for sensitive country nationals and nonsensitive country nationals. A PSO may delegate his or her approval as appropriate. All delegations of approval authority must be in writing, and a copy must be provided to the Office of Security. PSOs will be held accountable for all decisions made by themselves or by their delegatees. Delegatees may not further delegate this authority. (d) Nationals of State Sponsors of Terrorism. Access requests for nationals of state sponsors of terrorism require approval by both the site approval authority and the sponsoring Headquarters program office before final approval determination. Final approval authority is held by the Secretary of Energy and can only be delegated to the Headquarters Management Panel, consisting of the Directors of the Offices of Security and Counterintelligence. The Office of Security will coordinate reviews by the Headquarters Offices of Security, Intelligence, Counterintelligence, Defense Nuclear Nonproliferation, and any other reviews required by DOE security directives before submitting requests to either the Secretary of Energy or the Headquarters Management Panel for review and final approval determination. i. Graded Approach. DOE will follow a graded approach for reviewing and approving access by foreign nationals to DOE sites, programs, information, and technologies based on location, country, subject, and length of time. (1) Offsite or Onsite with No Access Controls for Protection of Information. (a) Before a meeting with a foreign national can occur at these locations, the hosting site approval authority must consult with SMEs in security (including cyber, technical and OPSEC), export control, technology transfer, counterintelligence, and intelligence (when there is a field intelligence element on site) and then provide a written determination that the subject matter is releasable to the public. When there already exists a written determination that the requested subject matter is releasable to the public, the document may be used provided it is available for review by DOE or NNSA line management and provided that counterintelligence is notified of the meeting before it occurs and with sufficient time for its coordination. (b) After the subject matter has been determined to be releasable to the public and counterintelligence has been notified, the meeting may occur without documentation in FACTS. However, counterintelligence reporting may be required. (2) Laboratories or Facilities That Perform No Classified Work and at Which No Classified Materials Are Stored. If at any time, classified work is performed or classified materials are stored at one of these facilities, the laboratory or facility must meet all requirements of the appropriate category listed below. (a) Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. (b) SME reviews for requests involving nationals of state sponsors of terrorism must be completed before site approval determination. (c) Access requests for nationals of state sponsors of terrorism must be entered in FACTS at least 30 days before the first day of access and must be approved in accordance with paragraph 4h(2)(d) of this Order. (d) All sensitive country national assignees, and all sensitive country national visitors whose visits involve sensitive subjects, must be documented in FACTS. (e) Indices checks for nationals of state sponsors of terrorism must be completed before site approval determination. (f) Indices checks for sensitive country assignments and visits involving sensitive subjects are required but do not have to be completed before access is granted. (g) For visits and assignments involving access to sensitive subjects, a specific security plan must be developed and approved by the site approval authority. (3) Optional Area within a Property Protection Area. An optional area is one that contains no export controlled information, equipment, or technology and does not provide visual access to sensitive activities located in adjacent security areas during the duration of the visit or assignment. (a) Designation. To be designated as an optional area within a PPA, the following requirements must be met before operation of the area. 1 A request for designation as an optional area must be submitted by the site approval authority to the cognizant DOE office (DOE operations office, NNSA site office, or Headquarters head of Departmental element). The request must include the following. a A detailed description of the area, including the specific location on a site map (i.e., perimeters, boundaries, and related location information), and specific work conducted in the area (e.g., projects, information, technologies, equipment located within the area). b Certifications from the hosting site approval authority and SMEs in physical and technical security, OPSEC, export control, technology transfer, counterintelligence, and intelligence (where there is a field intelligence element on site). These certifications must confirm that SMEs have reviewed the area and activities conducted there and have concluded that foreign nationals may access the area without gaining access to unauthorized information, equipment, or technologies. c Proposed update to the local SSSP or SSP reflecting the conclusions reached by the site reviewers and approval authority and the conditions required by the local security program manager to support the requested certification and designation. 2 The request for designation must be approved and certified by the head of the cognizant DOE office. 3 The local site SSSP or SSP must be updated in accordance with the approved designation. 4 Review and recertification of each optional area is required annually, or if equipment or activities in or around the area change. Failure to conduct recertifications when required will result in the loss of the ability to exercise this option at that site, facility, or laboratory. (b) Operation. After the optional area within a PPA has been designated, the following requirements must be met. 1 Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. 2 SME reviews for access requests for nationals of state sponsors of terrorism are required, and must be completed before site approval determination. 3 Access requests for nationals of state sponsors of terrorism must be entered in FACTS at least 30 days before the first day of access and must be approved in accordance with paragraph 4h(2)(d) of this Order. 4 Sensitive country national and nonsensitive country national access requests must be documented in FACTS no later than the first day of access. No individual approval is required for access to optional areas within PPAs. 5 Indices checks for requests involving nationals of state sponsors of terrorism are required and must be completed before site approval determination. 6 Closeout information must be documented in FACTS at the end of the visit or assignment. (4) Property Protection Areas or Offsite Locations with Access Controls. (a) Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. (b) SME reviews in security (including cyber, technical, and OPSEC), export control, and technology transfer are required for nonsensitive country nationals. SME reviews in security (including cyber, technical, and OPSEC), export control, technology transfer, counterintelligence, and intelligence (when there is a field intelligence element on site) are required for nationals of state sponsors of terrorism, sensitive country nationals, and requests involving access to sensitive subjects. If an export license is required, it must be granted before the first day of access. (c) Access requests for nationals of state sponsors of terrorism must be approved in accordance with paragraph 4h(2)(d) of this Order. (d) Requests for access must be documented in FACTS 30 days before access. (e) Indices checks for all nationals of state sponsors of terrorism and for sensitive country national assignees must be completed before final access approval determination. Indices checks for sensitive country visitors are required but do not have to be completed before access is granted. (f) Closeout information must be documented in FACTS within 15 days of the last day of the visitor's access. (5) All Other Security Areas. These include all physical spaces, except for those areas described above, designated as containing safeguards and security interests that require physical protection measures. The following requirements must be met. (a) Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. (b) SME reviews in security (including cyber, technical, and OPSEC), export control, technology transfer, counterintelligence, and intelligence (when there is a field intelligence element on site), are required. If an export license is required, it must be granted before the first day of access (c) Access requests for nationals of state sponsors of terrorism must be approved in accordance with paragraph 4h(2)(d) of this Order. (d) Requests for visits and assignments must be entered into FACTS 30 days before the first day of access. (e) Indices checks are required for all nationals of state sponsors of terrorism and must be completed before site approval determination. Indices checks are required for all sensitive country nationals and nonsensitive country nationals and must be completed before final approval determination. (f) Closeout information must be documented in FACTS within 15 days of the last day of the visitor's access. (6) Special Situations. (a) Foreign national urgent or emergency response and medical personnel who require access to medical facilities or services for medical emergencies are excluded from the preaccess approval requirements of this Order. This exclusion is expressly conditioned upon a facility's compliance with site-specific security measures. (b) For the purposes of this Order, remote cyber access is not considered a visit or assignment and must be in accordance with the requirements of cyber security, the Chief Information Officer, and export control regulations. (c) International Atomic Energy Agency (IAEA) visits that are not inspection activities, as defined in the agreement between the United States and the IAEA, or that otherwise do not involve classified information or technologies are unclassified visits and will be documented in accordance with this Order. IAEA inspection activities and other classified visits involving foreign nationals are governed by the requirements for classified visits. (d) Visits by foreign national delivery, service, and vendor personnel must be covered by site security plans and procedures. If fully escorted, these foreign nationals do not require documentation in FACTS. If not escorted, the visits must be in compliance with requirements for the location of access, as described above. (e) Visits by foreign press to the Headquarters Offices in the Forrestal Building are conducted through the Office of Public Affairs and involve official press interviews. Press representatives from nonsensitive countries will follow specific Headquarters procedures and security plans, will be fully documented in FACTS within 2 working days of access, and will be validated with front desk access logs. Press representatives from sensitive entities or representing press services of sensitive entities require full previsit reviews and approvals documented in FACTS before access. Foreign press visits to sites and facilities other than the Headquarters Forrestal Building will be in accordance with all requirements of this Order. (f) High-level protocol visits to the Headquarters Forrestal Building are limited to meetings with the Secretary of Energy, the Under Secretary of Energy, the Deputy Secretary, the NNSA Administrator, or PSOs in the Forrestal Building. Advance approval reviews may be suspended if requested by these senior Departmental managers subject to compliance with the security plans and procedures developed for high-level protocol visits to the Forrestal Building. Documentation of these visitors in FACTS is required the day of the visit, and will be validated with front desk access logs. (g) Protocol visits to other DOE or NNSA sites or facilities are not considered high-level protocol visits and will be approved in accordance all requirements of this Order. (h) Work for Others projects that require foreign national access to DOE sites, facilities, or laboratories, or to DOE information that is not releasable to the public, are considered visits and assignments and will be in accordance with all requirements of this Order. 5. RESPONSIBILITIES. a. Secretary of Energy. (1) Establishes DOE policies, procedures, and requirements for foreign national access to DOE sites, programs, information, and technologies. (2) Delegates access approval authority to Headquarters program offices and LPSOs and through LPSOs to the heads of DOE field elements and heads of local DOE sites for access by foreign nationals, except for those from countries identified as state sponsors of terrorism, consistent with the policies and requirements of this Order. (3) Delegates access approval authority to a management panel consisting of the Directors of the Office of Security and the Office of Counterintelligence for access by foreign nationals born in, citizens of, employed by, or representing entities in countries identified as state sponsors of terrorism, consistent with the polices and requirements of this Order. b. Lead Program Secretarial Officers. (1) Ensure that facilities under their cognizance have implemented this Order. (2) Notify contracting officers of affected site/facility management contractors to incorporate the CRD of this directive into their contracts. (3) Ensure that procurement requests for new non-site-/non-facility-management contracts require inclusion of the CRD to this Order in the resulting contracts, if appropriate. (4) Delegate foreign national access approval authority to heads of DOE field elements reporting directly to the LPSO. (5) Provide systematic program review of field and local site approvals for which the LPSO has responsibility to ensure that program-specific guidance is followed, corrective action is taken as appropriate, and line management responsibilities associated with the presence of foreign nationals are met. (6) Ensure that the work to be accomplished as a result of the visit or assignment adds value to DOE programmatic responsibilities. (7) Ensure that the requirements of this Order are applied to non-DOE-funded work performed within the operating programs over which the LPSO has responsibility. (8) Ensure that all required UFVA information is documented in FACTS as required by this Order. (9) Ensure that appropriate security plans and countermeasures are in place for all foreign national visits and/or assignments. (10) Ensure that procedures are in place to make all employees and contractors fully aware of the security requirements for UFVAs at their sites/facilities. c. Program Secretarial Officers, Lead Program Secretarial Officers, Heads of Program Offices at Headquarters, and Heads of Power Marketing Administrations. (1) Review procurement requests for new non-site-/non-facility-management contracts, and if appropriate ensure that the CRD of this directive is included in the contracts. (2) Serve as UFVA approval authorities for Headquarters activities and/or offices within their organizations. This authority may be redelegated in writing to another employee who is a U.S. citizen. A copy of each redelegation must be provided to the Office of Security at the time it becomes effective. Delegatees may not further delegate this authority. (3) Develop and implement operating procedures for approving UFVA access to Headquarters program and contractor program personnel, facilities, information, and organizations. (4) Ensure that all requirements of this Order are incorporated into processes established to approve access by foreign visitors including full documentation in FACTS. (5) Designate a point of contact (POC) for UFVA program management and provide contact information to the Office of Security. (6) Provide program-specific guidance to Headquarters program mangers and field elements, including program policy regarding foreign national access to potentially sensitive subjects, technologies, and information in unclassified program activities. (7) Establish program priorities and requirements for performance reporting, evaluation, and accountability for foreign national contributions to the program mission. Provide copies of all program-specific guidance to the LPSO with line management responsibility for DOE and contractor operated field sites and to the Office of Security. (8) Ensure that a systematic and effective process to provide program managers, planners, and hosts with appropriate guidance and insight regarding all technologies and information that could lead into sensitive or export controlled areas before approving access to these program activities by foreign nationals. This process will include programmatic reviews to ensure that sensitive or export controlled technologies and information is properly identified. Reviews should be conducted at least annually and more often if changes in circumstances indicate the need for a subject matter review. (9) Ensure that all UFVA requests are fully documented in FACTS as required by this Order. (10) Are responsible for notifying contracting officers to incorporate the CRD for UFVA program implementation into all program contracts which may involve contract with foreign national visitors or assignees. (11) Ensure that appropriate security plans and countermeasures are in place and followed as required to ensure only authorized access is granted to foreign nationals. d. Heads of Field Elements. (1) Review procurement requests for new non-site-/non-facility-management contracts, and if appropriate, ensure that the requirements of the CRD of this directive are included in the contracts. (2) Develop and submit implementation plans as required. (3) Serve as approval authorities for UFVAs to the DOE field element. This authority may be redelegated to another employee who is a U.S. citizen within the field element site. All redelegations must be in writing and promulgated by the head of the field element, and copies must be provided to the LPSO and the Office of Security at the time the delegation becomes effective. Delegatees may not further delegate this authority. (4) Delegate foreign national access approval authority for UFVAs to the heads of hosting sites reporting directly to the DOE field element or, when the head of the hosting site is not a U.S. citizen, to another management official. (5) Serve as approval authorities for redelegation plans and procedures for cognizant sites/facilities. (6) Designate POCs for UFVA program management and provide contact information to the Office of Security and the LPSO. Ensure that POCs are fully knowledgeable of program issues and activities. (7) Incorporate all PSO guidance into local management processes for approving foreign national access to field element facilities, information, and organization. (8) Ensure that appropriate security plans and countermeasures are in place for UFVA at their sites/facilities. (9) Approve designation of optional areas within PPAs for cognizant sites/facilities. e. Heads of Hosting Sites/Facilities. Hosting sites may include Headquarters, DOE or contractor operated field sites, national laboratories, and other DOE operating entities. (1) Consistent with the delegation of authority through the line management chain, serve as approval authorities for UFVA activities and programs within their organizations. (2) Develop plans and procedures to be approved by the cognizant DOE field element for redelegation of approval authority to other employees who are U.S. citizens. (3) Provide written redelegation of approval authority after approval of related plans and procedures, and provide copies of redelegation documents to the cognizant DOE field elements, cognizant LPSOs, local foreign visits and assignments offices, and the Office of Security. Delegatees may not further delegate this authority. (4) Ensure that all persons who are delegated approval authority are fully aware of their roles and responsibilities. (5) Implement UFVA programs consistent with guidance and direction from the heads of the DOE field elements with direct responsibility for program performance. (6) Incorporate all PSO program guidance into local program management processes and procedures, and ensure that all technical and management control requirements of this Order are incorporated into the local management process established to approve access by foreign nationals, including full documentation in FACTS. (7) Designate POCs for UFVA program management and provide contact information to the Office of Security, the head of the DOE field element, and the LPSO. Ensure that POCs are fully knowledgeable of program issues and activities. (8) Ensure that program-specific guidance is issued and is being followed, corrective actions are being implemented as appropriate, and program responsibilities associated with the presence of foreign nationals are being met. (9) Ensure systematic, effective processes to provide program managers, planners, and hosts with appropriate guidance and insight regarding all technologies and information that could lead into sensitive or export controlled areas before approving access to these program activities by foreign nationals. These systematic processes will include programmatic reviews to ensure the appropriate identification of any sensitive or expert controlled technologies and/or information. Reviews should be conducted at least annually and more often if changes in circumstances indicate the need for a subject matter review. (10) Ensure that the requirements of this Order are applied to non-DOE-funded work performed within the operating programs for which the local site managers have responsibility. (11) Ensure that the UFVA program is included in organizational self-assessments. (12) Ensure that security incident reports are filed for violations or for deviations in the status of a foreign national in accordance with DOE requirements and U.S. law. f. Hosts for Unclassified Foreign Visitors and Assignees. The host for a UFVA is the DOE or contractor representative directly responsible for the day-to-day activities associated with the successful accomplishment of foreign visits or assignments. For a foreign national to host another foreign national, the host must first be a contractor employee. A sensitive country national may host only nonsensitive country nationals. The host must be identified to the visitor or assignee as his/her day-to-day POC and must meet the following requirements. (1) Ensure compliance with all requirements for access approval and conduct, including timely, complete, and accurate information for FACTS documentation; security plans; SME reviews; environment, safety, and health reviews and requirements; program sponsorship (such as exchange visitor programs); and notification to workers regarding these requirements as appropriate. (2) Serve as the individual responsible for the conduct and activities of the foreign national(s) for which he/she is identified as host. (3) Complete annual DOE or contractor security briefing/certification. (4) Report suspicious activities or anomalies involving foreign nationals to the appropriate officials (e.g., the hosting site security office, approval authority, and counterintelligence) for submission to appropriate line management and Headquarters program office officials. (5) Provide the following information to the foreign national(s) for whom he/she has been identified as host. (a) The terms and conditions of access approval, including restrictions and requirements to notify the host of changes in name or status (e.g., marriage; changes of local address, passport or visa status, or employment; and presence of family members) and other pertinent information, as required. (b) The requirement to notify the responsible host of any civil or criminal problems that could affect their status and association with DOE. (c) That the failure to provide appropriate documentation when required or providing fraudulent documentation will result in suspension of access approval, removal from the site/facility, and possible cancellation of future access. g. Escorts. When required, an escort is the DOE or contractor employee who is assigned responsibility for a foreign national working or traveling within a site/facility to ensure there is no unauthorized access. Escorts are responsible for the following. (1) Familiarity with the site/facility, including security areas. (2) Full understanding and knowledge of security plan requirements. (3) Knowledge of specific information or technologies to which the foreign national has been authorized access to ensure that there is no unauthorized access. (4) Appropriate clearance required for escort duties as required by hosting site security. h. Headquarters Departmental Staff and Support Offices. (1) Director, Office of Security. (a) Develops the policy baseline and incorporates operational requirements into DOE-wide procedural guidance for the UFVA program. (b) Develops and directs the process to document and track access approvals for foreign national visitors and assignees to DOE facilities, technologies, and information to ensure consistency with U.S. and DOE national security policies, requirements, and objectives, including export control and cyber security laws and regulations. (c) Establishes and chairs UFVA working groups as required to identify procedural concerns and recommend revisions that facilitate the processing and access approval of UFVA within established DOE policy. (d) Ensures that program and staff Secretarial Office policy requirements for foreign national access approvals are incorporated into UFVA policy and coordinates technical and procedural solutions that ensure requirements are met. (e) Defines, develops, and manages FACTS capabilities to provide operational and analytical program support and accountability. (f) Develops and implements user training for FACTS. (g) Provides policy and technical assistance and support to Headquarters and field elements. (h) Participates in intra- and inter-Agency working groups to discuss, develop, and present recommendations to address issues affecting policy, operations, processes, and program outcomes. (i) Develops the Departmental strategic plan for the Unclassified Foreign Visits and Assignments Program to ensure recognition of the important benefits derived from international collaborations and the important U.S. and DOE national security policies, requirements, and objectives that must be met while involving foreign nationals with DOE programs. (j) Develops and coordinates resource requirements, testimony, internal and external reporting, and responses to requests for information regarding any aspect of DOE's UFVA program. (k) Provides security direction to the UFVA program access approval process and establishes, coordinates, implements, and evaluates the DOE-wide policy context for physical security reviews including security plans and badging processes as applied to foreign national visitors and assignees. (l) Maintains liaison with Departmental emergency management, interagency counterterrorism, and homeland security components. (m) Notifies LPSOs and PSOs of new policy that requires the CRD (Attachment 2) to be incorporated into affected contracts. (n) Provides information on the requirements of UFVA policy for inclusion in Security Survey Program standards and criteria. (2) Director, Office of Counterintelligence. (a) Identifies counterintelligence policy and information requirements applicable to the management of unclassified access approval for foreign nationals to DOE sites, programs, technologies, and information for Office of Security program implementation. (b) Provides advice to Headquarters approval authorities and supports field counterintelligence officers with guidance on foreign national access issues to consider in performing reviews. (c) Ensures that local capability and expertise are available to provide effective counterintelligence advice to local approval authorities regarding access approval requests. (d) Develops and provides counterintelligence awareness training modules for UFVA training. (e) Coordinates the external indices check process with the appropriate U.S. Government agencies. (f) Documents and maintains DOE-wide information on requests for and completion of indices checks. (3) Headquarters and Field Counterintelligence Officers. (a) Review requests for foreign national access approval, including visits involving information and technologies that are releasable to the public and requests for designation of optional areas within PPAs for counterintelligence and counterterrorism implications. (b) At the request of the local hosting site, provide counterintelligence consultations to the approval authority, or to his or her designees, to evaluate foreign national access in the absence of a required, completed indices check, and document the consultation in FACTS. (c) Conduct briefings and debriefings of hosts, sponsors, and escorts of foreign visitors and assignees. (4) Director, Office of Intelligence. (a) Analyzes and coordinates issues of foreign intelligence with other Federal agencies. (b) Maintains operational awareness of trends and patterns associated with foreign national access approvals DOE-wide, and provides advice and information to DOE elements, including the Offices of Counterintelligence and Security. (c) Supports the unclassified foreign national access approval process by analyzing and coordinating issues of foreign intelligence with other Federal agencies and provides general and specific advice to DOE elements, including the Offices of Counterintelligence and Security. The general and specific guidance to be provided addresses the objectives of the intelligence reviews with respect to potential risks associated with foreign national requests for access to DOE sites, programs, technologies, and information. (d) Reviews access approval requests for nationals from countries listed as state sponsors of terrorism and advises the Secretary or the Headquarters Management Panel regarding requests. (e) Documents the reviews in FACTS. (5) Deputy Administrator, Defense Nuclear Nonproliferation. (a) Analyzes and develops policy guidance for the UFVA access approval process in the areas of technology transfer, export controls, and nonproliferation. (b) Provides expert advice as required to the Offices of the Secretary, Counterintelligence, and Security and other DOE elements as required. (c) Coordinates and maintains sensitive subjects and sensitive countries lists relating to nonproliferation, technology transfer, and export controls. These lists are incorporated into the foreign national access approval review procedures and are reviewed, validated, and revised annually. (d) Provides guidance to DOE program elements regarding technology transfer, export controls, and nonproliferation issues. This guidance enhances program consideration of potential and actual foreign visits and assignments access approvals. (e) Performs specific technology transfer, nonproliferation, and export control reviews of UFVA as appropriate, including all foreign nationals from countries identified as state sponsors of terrorism, and ensures that these reviews are documented in FACTS. (6) Director, Office of Independent Oversight and Performance Assurance. Incorporates the requirements of the UFVA program into the comprehensive, independent assessment of the effectiveness of safeguards and security policies and programs of immediate interest to the Secretary, the Deputy Secretary, and the NNSA Administrator. (7) Assistant Secretary for International Affairs and Policy. As the DOE point of contact with the Department of State and international organizations, provides advice and information to the Office of Security concerning the policies and procedures promulgated in this Order. (8) General Counsel. Provides timely review and advice on all legal issues relating to approval of unclassified foreign national access to DOE facilities and information. (9) Chief Information Officer (CIO). (a) Provides policy direction to line program managers, contracting officers, security managers, local CIOs, local counterintelligence officers, and the Office of Security regarding protective measures required for cyber security access approval, whether onsite or by remote access. (b) Ensures that security plans and access approval processes incorporate specific guidance for approving foreign national access based on cyber security issues and objectives. (10) Deputy Administrator for Naval Reactors. In accordance with the responsibilities and authorities assigned by Executive Order 12344 [statutorily prescribed by Public Law 98-525 (42 U.S.C. 7158)] and to ensure consistency through the joint Navy/DOE organization of the Naval Nuclear Propulsion Program, implements and oversees requirements for activities under the Deputy Administrator's cognizance. (11) Contracting Officers. (a) After notification by the appropriate program official, incorporate the CRD into affected contracts via the laws, regulations, and DOE directives clauses of the contracts. (b) Assist originators of procurement requests who want to incorporate the CRD of this directive in new non-site-/non-facility-management contracts, as appropriate. 6. REFERENCES. The following references include program and technical areas of responsibility and policy that define the UFVA program requirements. a. DOE P 205.1, Departmental Cyber Security Management Policy, dated 5-8-01. b. DOE O 205.1, Department of Energy Cyber Security Management Program, dated 3-21-03. c. DOE N 205.2, Foreign National Access to DOE Cyber Systems, dated 11-1-99. d. DOE O 413.1A, Management Control Program, dated 4-18-02. e. DOE O 440.1A, Worker Protection Management for DOE Federal and Contractor Employees, dated 3-27-98. f. DOE G 440.1-1, Worker Protection Management for DOE Federal and Contractor Employees Guide for Use with DOE O 440.1, dated 7-10-97. g. DOE P 450.1, Environment, Safety, and Health Policy for the Department of Energy Complex, dated 6-15-95. h. DOE P 450.2A, Identifying, Implementing and Complying with Environment, Safety and Health Requirements, dated 5-15-96. i. DOE G 450.4-1B, Integrated Safety Management System Guide (Volume 1) for Use with Safety Management System Policies (DOE P 450.4, DOE P 450.5, and DOE P 450.6); the Functions, Responsibilities, and Authorities Manual; and the Department of Energy Acquisition Regulation, (Chapter IV), dated 3-1-01. j. DOE G 450.4-1B, Integrated Safety Management System Guide (Volume 2) for Use with Safety Management System Policies (DOE P 450.4, DOE P 450.5, and DOE P 450.6); the Functions, Responsibilities, and Authorities Manual; and the Department of Energy Acquisition Regulation, dated 3-1-01. k. DOE O 470.1, Safeguards and Security Program, dated 9-28-95. l. DOE O 471.2A, Information Security Program, dated 3-27-97. m. DOE M 472.1-1B, Personnel Security Program Manual, dated 7-12-01. n. DOE M 481.1-1A, Reimbursable Work for Non-Federal Sponsors Process Manual, dated 1-03-01. o. DOE M 471.2-1B, Classified Matter Protection and Control Manual, dated 1-6-99. p. DOE M 471.2-1C, Classified Matter Protection and Control Manual, dated 4-17-01. q. DOE M 471.1-1, Identification and Protection of Unclassified Controlled Nuclear Information Manual, dated 6-30-00. r. DOE O 1270.2B, Safeguards Agreement with the International Atomic Energy Agency, dated 6-23-92. s. DOE O 5670.3, Counterintelligence Program, dated 9-4-92. t. Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States (and Protocol thereto), signed 11-18-77, and entered into force 12-9-80 and all subsidiary arrangement, agreements and amendments. u. Homeland Security Presidential Directive-2, Combating Terrorism through Immigration Policies, dated October 29, 2001. 7. CONTACT. Questions concerning this Order should be addressed to the Director, Office of Security, or the Office of Foreign Visits, Assignments and Travel, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585. BY ORDER OF THE SECRETARY OF ENERGY: KYLE E. McSLARROW Deputy Secretary DEPARTMENT OF ENERGY ORGANIZATIONS TO WHICH DOE O 142.X, Unclassified Foreign Visits and Assignments Program, IS APPLICABLE Office of the Secretary Office of the Chief Information Officer Office of Civilian Radioactive Waste Management Office of Congressional and Intergovernmental Affairs Office of Counterintelligence Departmental Representative to the Defense Nuclear Facilities Safety Board Office of Economic Impact and Diversity Office of Electric Transmission and Distribution Office of Energy Efficiency and Renewable Energy Energy Information Administration Office of Environment, Safety and Health Office of Environmental Management Office of Fossil Energy Office of General Counsel Office of Hearings and Appeals Office of Independent Oversight and Performance Assurance Office of Inspector General Office of Intelligence Office of Management, Budget and Evaluation and Chief Financial Officer National Nuclear Security Administration Office of Nuclear Energy, Science and Technology Office of Policy and International Affairs Office of Public Affairs Office of Science Secretary of Energy Advisory Board Office of Security Office of Worker and Community Transition Albuquerque Operations Office Bonneville Power Administration Southeastern Power Administration Southwestern Power Administration Western Area Power Administration CONTRACTOR REQUIREMENTS DOCUMENT DOE O 142.X, Unclassified Foreign Visits and Assignments Program This Contractor Requirements Document (CRD) establishes requirements for Department of Energy (DOE) contractors, including National Nuclear Security Administration (NNSA) contractors. Regardless of the performer of the work, the contractor is responsible for compliance with the requirements of this CRD. The contractor is responsible for flowing down the requirements of this CRD to subcontractors at any tier to the extent necessary to ensure the contractor's compliance with the requirements involving foreign national access to DOE owned or leased sites/facilities or information, technologies, or equipment that is not releasable to the public. In doing so, the contractor must not unnecessarily or imprudently flow down requirements to subcontractors. That is, the contractor will ensure that it and its subcontractors comply with the requirements of this CRD to the extent necessary to ensure the contractor's compliance and incur only costs that would be incurred by a prudent person in the conduct of competitive business. DOE contractors with the CRD incorporated into their contracts must comply with the requirements of DOE O 142.X, Unclassified Foreign Visits and Assignments Program, and all other applicable rules, regulations, and directives, including the following. 1. PURPOSE. This CRD defines a program for unclassified foreign national access to DOE contractor sites, information, and technologies by establishing requirements for the following. a. Reviews of foreign national access requests to ensure that unauthorized access is not granted. b. An approval process for foreign national visits and assignments consistent with U.S. and DOE national security and program-specific policies, requirements, and objectives. c. A process for documenting and tracking visits and assignments by foreign nationals to DOE contractor sites. 2. EXCLUSIONS. a. Events, activities, or locations that are open to the general public as determined by the contractor site approval authority in consultation with subject matter experts (SMEs) in security, including cyber security, technical security, and operations security (OPSEC); export control; technology transfer; counterintelligence; and intelligence (when there is a field intelligence element on site), are exempt from this CRD. Any location that requires a foreign national to pass an access control point (protective force representative, security officer, receptionist, etc.) is not a location that is open to the public. b. Access by foreign nationals 17 years of age or younger who are involved in non-work-related activities, such as school tours, family days, etc., does not have to be documented in the Foreign Access Central Tracking System (FACTS). Access for work-related activities by foreign nationals 17 years of age or younger, however, does require adherence to this CRD. c. Unclassified events and activities that occur outside the United States or its territories do not have to be documented in FACTS but may require documentation in the Foreign Travel Management System, or may require reporting to counterintelligence. 3. REQUIREMENTS. DOE is a leader in science and technology and is responsible for advancing U.S. capabilities in energy supply, related environmental cleanup and management, and economical energy sources while protecting U.S. national security interests associated with these energy technologies. DOE values the contributions of international collaborations to the scientific and technological strength of the United States and to Departmental mission success and offers foreign national visitors and assignees access to DOE's facilities, staff, and information as participants in a broad range of unclassified work. Foreign national access to DOE sites, programs, information, and technologies will be approved provided the access is needed to support the program objectives of DOE and/or objectives of U.S. national interests (with the exception of foreign nationals 17 years old or younger as specified in paragraph 2babove). a. Implementation Plans. If requirements cannot be implemented with existing resources within 6 months of the effective date of this Order, contractors must develop implementation plans within 90 days of the effective date and submit them to the Office of Security. Implementation plans must ensure that full implementation of this Order is accomplished within 1 year of the effective date. b. Definitions. Terms commonly used in the program are defined in the Safeguards and Security Glossary of Terms and in Attachment 3 of DOE O 142.X. c. Documentation. FACTS is the Department's official national database on unclassified foreign visits and assignments (UFVAs). Access to FACTS is limited to U.S. citizens. All UFVAs that require documentation will be entered in FACTS. Documentation for foreign nationals visiting or on assignment includes the following. (1) The foreign national's biographical information. (2) Passport, visa, and Immigration and Naturalization Service (INS) information. (3) Detailed information regarding the visit or assignment request. (4) Completion of SME reviews. (5) Completion of endices checks when required by the Headquarters Office of Counterintelligence. (6) Local counterintelligence consultations in the event that indices checks are required but cannot be completed by the start date of the visit or assignment. (7) Review for access approval, including final approval or denial of the request. (8) Closeout information, including final status of the request (completed, denied, cancelled after approval, cancelled before approval, or no show). (9) If final status is completed, the actual start date and actual end date. d. Passport, Visa, and INS Information. Sufficient documentation of immigrant or nonimmigrant status, identity, and citizenship is required for all foreign visitors and assignees at all DOE sites, facilities and laboratories to verify the foreign national's identity and authority to work (when applicable for the activities involved), and to ensure that the foreign national is eligible (in lawful immigration status) to be in the United States. The passport, visa, and/or other INS information that has been validated must be documented in FACTS and reviewed annually for nonsensitive country nationals and semiannually for sensitive country nationals (individuals who were born in, are citizens of, or represent a company, business, organization or institute from countries identified as sensitive) and nationals of state sponsors of terrorism (individuals who were born in, are citizens of, or represent a company, business, organization, or institute from countries identified as state sponsors of terrorism). Passport, visa, and other INS information will be documented and maintained by the site, facility or laboratory for those UFVA requests which are not required to be documented in FACTS. For assignments, this information will be reverified annually for nonsensitive country nationals and semiannually for sensitive country nationals. All passport, visa, and other INS information must be made available to the appropriate lead program Secretarial Office (LPSO) and the Office of Security upon request. (1) Lawful Permanent Residents of the United States. Documentation required for lawful permanent residents (previously called permanent resident aliens) includes Permanent Resident Card (Green Card, or INS Form I-551) and government-issued identification documentation which includes a photograph, such as a passport or driver's license. (2) Nonimmigrant Visitors and Assignees. Data required includes documentation of valid nonimmigrant status and a passport that is valid for a minimum of 6 months beyond the initial period of stay in the United States. The following are exceptions to these requirements follows. (a) The Visa Waiver Program (VWP). Foreign nationals entering the United States under the VWP are not required to have nonimmigrant visas. Data required for nonimmigrant visitors and assignees admitted to the United States under the VWP includes a valid passport and documentation of INS status (I-94W Nonimmigrant Visa Waiver Arrival/Departure Form). The countries designated under this program include Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. (b) Citizens of Canada. With the exception of Treaty Traders, Treaty Investors, or fiancés, Canadian citizens entering the United States do not require visas. For visitors and assignees who are Canadian citizens, required information includes documentation establishing Canadian citizenship (birth certificate, citizenship certificate, or passport) and a government-issued identification document that includes a photograph, such as a passport or driver's license. (c) Citizens of Mexico. A visitor or assignee who is a Mexican citizen must have a valid passport and documentation of a nonimmigrant visa or Form DSP-150 (Laser Visa). e. Security Plans. Each foreign national visit or assignment must be covered by an approved security plan that addresses the sensitivity factors, including area type to be visited, determination of whether information containing sensitive subjects will be shared, affiliation with sensitive countries or countries identified as state sponsors of terrorism, and the results of SME reviews consistent with the specific requirements of this CRD. (1) Specific Security Plan. A security plan is required to address specific site security concerns relating to foreign national visits or assignments. Specific security plans are required for access by foreign nationals to security areas other than property protection areas (PPAs) or optional areas within PPAs, for access to information on the Sensitive Subjects List, or for foreign national affiliation with a sensitive country or a country identified as a state sponsor of terrorism. A specific security plan is also required if the site safeguards and security plan (SSSP) or site security plan (SSP) does not provide sufficient protection of DOE facilities, programs, and information for the conduct of the foreign national visit or assignment. The specific security plan must be approved by the host of the visit or assignment and by the site approval authority and will be used in conjunction with the SSSP or SSP, (2) Generic Security Plan. If after review by SMEs, evaluation of a foreign national visit or assignment determines that none of the requirements for a specific security plan exist, and that the SSSP or SSP provides sufficient protection of DOE facilities, programs, and information for the conduct of the foreign national visit or assignment, no further documentation of security measures for that visit or assignment is required. f. Subject Matter Expert Reviews. (1) SMEs will review requests for foreign national visits and assignments, when required. These reviews include— (a) security, including cyber security, technical security, and OPSEC, and determination of sufficiency of the security plan for the specific visit or assignment; (b) export control, to include export license requirements; (c) technology transfer; (d) counterintelligence; and (e) intelligence (when there is a field intelligence element on site). (2) SME reviewers will consider all factors associated with the requested access to DOE or NNSA sites, programs, information, and technologies including location and surrounding activities, and will include determinations of whether all legal and policy-related terms and conditions associated with the proposed visit or assignment have been met. (3) SME reviews will be consistent with professional standards and practices used to ensure that any risk to the Government associated with access approval for each visit or assignment has been appropriately identified and evaluated. (4) SMEs will provide advice to the approval authority regarding access requests and will document and present to the approval authority any concerns before access approval determination. For requests involving nationals of state sponsors of terrorism, SMEs will provide advice to the site approval authority. (5) SME reviews will be documented in FACTS, and will include the date the review was completed and the name of the reviewer. g. Indices Checks. All UFVAs involving nationals of state sponsors of terrorism, sensitive country nationals, sensitive subjects, or security areas other than PPAs and optional areas within PPAs require indices checks coordinated by the Office of Counterintelligence. (See paragraph 3i, Graded Approach, below, for requirements.) Indices checks are requested electronically when documenting visit and assignment access requests in FACTS. In cases where indices checks must be completed before access approval, the request must be documented 30 days before the first day of access. In cases when there is insufficient time to complete an indices check before the first day of access, the approval authority may request a counterintelligence consultation for sensitive country and nonsensitive country nationals. The Office of Counterintelligence may decline to conduct counterintelligence consultations when it is determined that it is it not in the best interest of the Department to allow the visit or assignment to begin until the indices check is completed. Counterintelligence consultations may not be used in lieu of indices checks for nationals of state sponsors of terrorism. h. Access Approval. All foreign national access to DOE sites, programs, information, and technologies for unclassified purposes must be approved by the Secretary of Energy or by a delegated approval authority. Access approvals are subject to validation and verification of the information submitted for the access request when the visit or assignment begins. (1) Access Approval Determinations. For all foreign national access approval requests, the following apply. (a) The approval authority must take into consideration all information from the review process, including SME reviews, and must evaluate potential impacts on site operations. (b) Determination of access approval must be consistent with professional standards and practices used to ensure that any risk to the Government associated with the access granted has been appropriately identified, evaluated, and mitigated. (c) For the request to be approved, it must be determined that the benefits to the Government are greater than the risks associated with the presence of the foreign national at a DOE site/facility. (d) All legal and policy-related terms and conditions associated with the proposed visit or assignment must be met before approval is granted. Those terms and conditions include, but are not limited to, consideration for other activities at the site, visa sponsorship requirements, visa status conditions and requirements, right-to-work requirements, and international agreements. (e) Approval determinations will be documented in FACTS including the date of the determination, whether approved or denied, and the name of the approval authority. (2) Delegation of Approval Authority. Approvals for foreign national access must be consistent with line management accountability requirements. (a) Approval authorities must be U.S. citizens. (b) Field Sites. Line management accountability flows from the Secretary, through the Under Secretaries, to program Secretarial Officers (PSOs), to heads of DOE field elements, to the contractor site management official or laboratory director, who has been delegated specific authority and responsibility to approve access. When the site management official or laboratory director is not a U.S. citizen, the head of the cognizant DOE field element will delegate approval authority to another management official. Final approval authority can be delegated to hosting site management officials or laboratory directors for access requests for sensitive country nationals and nonsensitive country nationals. For a contractor official or laboratory director to further delegate approval authority, he or she must first develop a plan and related procedures for that delegation. The plan must be approved by the head of the cognizant DOE field element. Once the plan is approved, approval authority may be redelegated only to another U.S. citizen employee. Delegation of approval authority must be in writing and be promulgated by the approval authority, and copies must be provided to the cognizant DOE field element and LPSO, the hosting site foreign visits and assignments office, and the Office of Security. Site management officials and laboratory directors will be held accountable for all approval decisions made by themselves or their delegates. Delegates may not further delegate this authority. (c) Nationals of State Sponsors of Terrorism. Access requests for nationals of state sponsors of terrorism require approval by both the site approval authority and the sponsoring Headquarters program office before final approval determination. Final approval authority is held by the Secretary of Energy, and can only be delegated to the Headquarters Management Panel, which consists of the Directors of the Office of Security and the Office of Counterintelligence. i. Graded Approach. DOE contractors will follow a graded approach for reviewing and approving access by foreign nationals to DOE sites, programs, information, and technologies based on location, country, subject, and length of time. (1) Offsite or Onsite, With No Access Controls for Protection of Information. (a) Before a meeting with a foreign national at these locations, the hosting site approval authority must consult with SMEs in security (including cyber, technical and OPSEC), export control, technology transfer, counterintelligence, and intelligence (when there is a field intelligence element on site) and then provide a written determination that the subject matter is releasable to the public. When there already exists a written determination that the requested subject matter is releasable to the public, the document may be used provided it is available for review by DOE or NNSA line management and provided that counterintelligence is notified of the meeting before it occurs with sufficient time for its coordination. (b) After the subject matter has been determined to be releasable to the public and counterintelligence has been notified, the meeting may occur without documentation in FACTS. However, counterintelligence reporting may be required. (2) Laboratories or Facilities That Perform No Classified Work, and at which No Classified Materials Are Stored. If, at any time, classified work is performed or classified materials are stored at one of these facilities, the laboratory or facility must meet all requirements of the appropriate category listed below. (a) Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. (b) SME reviews for requests involving nationals of state sponsors of terrorism must be completed before site approval determination. (c) Access requests for nationals of state sponsors of terrorism must be entered in FACTS at least 30 days before the first day of access, and must be approved in accordance with paragraph 3h(2)(c) of this CRD. (d) All sensitive country assignees, and all sensitive country national visitors whose visits involve sensitive subjects, must be documented in FACTS. (e) Indices checks for nationals of state sponsors of terrorism must be completed before site approval determination. (f) Indices checks for sensitive country assignments and sensitive country visits involving sensitive subjects are required but do not have to be completed before access is granted. (g) For visits and assignments involving access to sensitive subjects, a specific security plan must be developed and approved by the site approval authority. (3) Optional Area within a Property Protection Area. An optional area is one that contains no export controlled information, equipment, or technology and does not provide visual access to sensitive activities located in adjacent security areas during the duration of the visit or assignment. (a) Designation. To be designated as an optional area within a PPA, the following requirements must be met before operation of the area. 1 A request for designation as an option area must be submitted by the site approval authority to the cognizant DOE office (DOE operations office, NNSA site office, or Headquarters head of Department element). The request must include the following. a A detailed description of the area, including the specific location on a site map (i.e., perimeters, boundaries, and related location information), and specific work conducted in the area (e.g., projects, information, technologies, equipment located within the area). b Certifications from the hosting site approval authority and SMEs in physical and technical security, export control, technology transfer, counterintelligence, and intelligence (where there is a field intelligence element on site). These certifications must confirm that SMEs have reviewed the area and activities conducted there and have concluded that foreign nationals may access the area without gaining access to unauthorized information, equipment, or technologies. c Proposed updates to the local SSSP or SSP reflecting the conclusions reached by the site reviewers and approval authority and to the conditions required by the local security program manager to support the requested certification and designation. 2 The request for designation must be approved and certified by the head of the cognizant DOE office. 3 The local site SSSP or SSP must be updated in accordance with the approved designation. 4 Review and recertification of each optional area is required annually or if equipment or activities in or around the area change. Failure to conduct recertifications when required will result in the loss of the ability to exercise this option at that site, facility, or laboratory. (b) Operation. After the optional areas within a PPA has been designated, the following requirements must be met. 1 Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. 2 SME reviews for access requests for nationals of state sponsors of terrorism are required, and must be completed before site approval determination. 3 Access requests for nationals of state sponsors of terrorism must be entered in FACTS at least 30 days before the first day of access and must be approved in accordance with paragraph 3h(2)(b) of this CRD. 4 Sensitive country national and nonsensitive country national access requests must be documented in FACTS no later than the first day of access. No individual approval is required for access to optional areas within PPAs. 5 Indices checks for requests involving nationals of state sponsors of terrorism are required and must be completed before site approval is determined. 6 Closeout information must be documented at the end of the visit or assignment. (4) Property Protection Areas or Offsite Locations with Access Controls. (a) Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. (b) SME reviews in security (including cyber, technical, and OPSEC), export control, and technology transfer are required for nonsensitive country nationals. SME reviews in security (including cyber, technical, and OPSEC), export control, technology transfer, counterintelligence, and intelligence (when there is a field intelligence element on site), are required for nationals of state sponsors of terrorism, sensitive country nationals, and requests involving access to sensitive subjects. If an export license is required, it must be granted before the first day of access. (c) Access requests for nationals of state sponsors of terrorism must be approved in accordance with paragraph 3h(2)(b) of this CRD. (d) Requests for access must be documented in FACTS 30 days before access. (e) Indices checks for all nationals of state sponsors of terrorism and for sensitive country assignees must be completed before final access approval determination. Indices checks for sensitive country visitors are required but do not have to be completed before access is granted. (f) Closeout information must be documented in FACTS within 15 days of last day of the visitor's access. (5) All Other Security Areas. These include all physical spaces, except for those areas described above, designated as containing safeguards and security interests that require physical protection measures. Before foreign national access can be approved the following requirements must be met. (a) Passport, visa, and INS information for all foreign visitors and assignees must be validated before access is granted. (b) SME reviews must be completed in security (including cyber, technical, and OPSEC), export control, technology transfer, counterintelligence, and intelligence (when there is a field intelligence element on site). If an export license is required, it must be granted before the first day of access. (c) Access requests for nationals of state sponsors of terrorism must be entered in FACTS at least 30 days before the first day of access and must be approved in accordance with paragraph 3h(2)(b) of this CRD. (d) Requests for visits and assignments must be entered into FACTS 30 days before the first day of access. (e) Indices checks are required for all nationals of state sponsors of terrorism and must be completed before site approval determination. Indices checks are required for all sensitive country nationals and nonsensitive country nationals and must be completed before final approval determination. (f) Closeout information must be documented in FACTS within 15 days of the last day of the visitor's access. (6) Special Situations. (a) Foreign national urgent or emergency response and medical personnel who require access to medical facilities or services for medical emergencies are excluded from the preaccess approval requirements of this CRD. This exclusion is expressly conditioned upon a facility's compliance with site-specific security measures. (b) For the purposes of this CRD, remote cyber access is not considered a visit or assignment and must be in accordance with the requirements of cyber security, the Chief Information Officer, and export control regulations. (c) International Atomic Energy Agency (IAEA) visits that are not inspection activities, as defined in the agreement between the United States and the IAEA, or that otherwise do not involve classified information or technologies are unclassified and will be documented in accordance with this CRD. IAEA inspection activities and other classified visits involving foreign nationals are governed by the requirements for classified visits. (d) Visits by foreign national delivery, service, and vendor personnel must be covered by site security plans and policies. If fully escorted, these foreign nationals do not require documentation in FACTS. If not escorted, the visits must be in compliance with the requirements for the location of access, as described above. (e) Work for Others projects that require foreign national access to DOE sites, facilities, or laboratories, or to DOE information that is not releasable to the public, are considered visits and assignments and will be approved in accordance with all requirements of this CRD. 4. RESPONSIBILITIES. a. Heads of Hosting Sites/Facilities. Hosting sites may include contractor operated field sites, national laboratories, and other DOE operating entities. (1) Consistent with the delegation of authority through the line management chain, serve as approval authority for UFVA activities and programs within their organizations. (2) Develop plans and procedures, for approval by the cognizant Federal field element, for redelegation of approval authority to other U.S. citizen employees. (3) Provide written redelegation of approval authority after approving related plans and procedures, and provide copies of redelegation documents to the cognizant DOE field elements, cognizant LPSOs, local foreign visits and assignments offices, and the Office of Security. (4) Ensure that all persons who are delegated approval authority are fully aware of their roles and responsibilities. (5) Implement UFVA programs consistent with guidance and direction from the heads of the DOE field elements with direct responsibility for program performance. (6) Incorporate all PSO program guidance into local program management processes and procedures, and ensure that all technical and management control requirements of this CRD are incorporated into the local management process established to approve access by foreign nationals, including full documentation in FACTS. (7) Designate points of contact (POC) for UFVA program management, and provide contact information to the Office of Security, the head of the DOE field element, and the LPSO. Ensure that POCs are fully knowledgeable of program issues and activities. (8) Ensure that program-specific guidance is issued and being followed, corrective actions are being implemented as appropriate, and program responsibilities associated with the presence of foreign nationals are being met. (9) Ensure systematic, effective processes to provide program managers, planners, and hosts with appropriate guidance and insight regarding all technologies and information that could lead into sensitive or export controlled areas before approving access to these program activities by foreign nationals. These systematic processes will include programmatic reviews to ensure the appropriate identification of sensitive or expert controlled technologies and/or information. Reviews should be conducted at least annually and more often if changes in circumstances indicate the need for a subject matter review. (10) Ensure that the requirements of this CRD are applied to non-DOE-funded work performed within the operating programs for which the local site manager has responsibility. (11) Ensure that the UFVA program is included in organizational self-assessments. (12) Ensure that security incident reports are filed for violations or for deviations in the status of a foreign national in accordance with DOE requirements and U.S. law. b. Hosts for Unclassified Foreign Visitors and Assignees. The host for a UFVA is the contractor representative directly responsible for the day-to-day activities associated with the successful accomplishment of the visit or assignment. For a foreign national to host another foreign national, the host must first be a contractor employee. A sensitive country national may only host nonsensitive country nationals. The host must be identified to the visitor or assignee as his/her day-to-day POC and must meet the following requirements. (1) Ensure compliance with all requirements for access approval and conduct, including timely, complete, and accurate information for FACTS documentation; security plans; SME reviews; environment, safety, and health reviews and requirements; program sponsorship (such as exchange visitor programs); and notification to workers regarding these requirements as appropriate. (2) Serve as the individual responsible for the conduct and activities of the foreign national(s) for which he/she is identified as host. (3) Complete annual DOE or contractor security briefing/certification. (4) Report suspicious activities or anomalies involving a foreign national to the appropriate officials (e.g., the hosting site security office, approval authority, and counterintelligence) for submission to appropriate line management and Headquarters program office officials. (5) Provide the following information to the foreign national(s) for whom he/she has been identified as host. (a) The terms and conditions of access approval, including restrictions and requirements to notify the host of changes in name or status (e.g., marriage; changes of local address, passport or visa status, or employment; and presence of family members), and other pertinent information, as required. (b) The requirement to notify the responsible host of any civil or criminal problems that could affect their status and association with DOE. (c) That the failure to provide appropriate documentation when required or providing fraudulent documentation will result in suspension of access approval, removal from the site/facility, and possible cancellation of future access. c. Escorts. When required, an escort is the contractor employee who is assigned responsibility for a foreign national working or traveling within a site/facility to ensure there is no unauthorized access. Escorts are responsible for the following. (1) Familiarity with the site/facility, including security areas. (2) Full understanding and knowledge of security plan requirements. (3) Knowledge of specific information or technologies to which the foreign national has been authorized access to ensure that there is no unauthorized access. (4) Appropriate clearance required for escort duties as required by hosting site security. UNCLASSIFIED FOREIGN VISITS AND ASSIGNMENTS PROGRAM DEFINITIONS Approval Authority—The individual who has been delegated the responsibility and accountability to approve requests for access by foreign nationals to one or more DOE sites, programs, information, and technologies. Officials who delegate approval authority are responsible and accountable for ensuring that the authority delegated is implemented consistent with the requirements of the Order, program Secretarial Officer (PSO) program guidance, and lead PSO management requirements. Assignment—Foreign national access for more than 30 consecutive calendar days, but less than 2 full, consecutive years (24 consecutive months). An assignment may be extended for additional periods of up to 2 years each after required reviews and approvals are completed for each extension. Approval for assignments will be suspended any time a foreign national assignee is unable to prove he/she is legally present in the United States. Cancelled After Approval—A Foreign Access Central Tracking System (FACTS) closeout term for visits or assignments which are cancelled after access approval has been granted. Cancelled Before Approval—A Foreign Access Central Tracking System (FACTS) closeout term for visits or assignments which are cancelled before final access approval determination. Close Out Information—The final action data in the Foreign Access Central Tracking System (FACTS) for a visit or assignment. Closeout information includes the documentation of the completion of an approved visit or assignment as cancelled, no show, or complete. Completed—A Foreign Access Central Tracking System (FACTS) closeout term for visits or assignments which have taken place and ended. Dual Citizenship—Condition under which an individual is recognized as a citizen by more than one country. Escort—An authorized DOE or DOE contractor employee who has been assigned the responsibility to accompany foreign nationals who lack need-to-know or access authorization within a security area to ensure adherence to security measures. Export Controlled Information—Certain unclassified Government information for which DOE is accountable and responsible and which requires a specific license or authorization to export and must be protected consistent with U.S. laws and regulations. Unrestricted dissemination of this information could reasonably be expected to adversely affect the U.S. national security and nonproliferation objectives. Facility—An educational institution, manufacturing plant, laboratory, office building, or complex of buildings located on a site that is operated and protected as one unit by the Department or its contractor. Foreign National—An alien. For the purposes of this Order, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law. Foreign National Status—The period of time a foreign national is authorized to be in the United States and what type, if any, work he/she can participate in while in the United States as determined by his or her valid passport, visa, and other Immigration and Naturalization Service documentation. Host—The DOE or DOE contractor employee responsible for the day-to-day activities associated with the successful accomplishment of a visit or assignment. A foreign national who is a DOE or DOE contractor employee may be a host. A sensitive country national cannot host another foreign national from any sensitive country. Indices Check—A procedure whereby a request is made to appropriate U.S. Government agencies to determine whether information exists on a particular foreign national. Lawful Permanent Resident (LPR)—One who has the right to reside permanently and work in the United States. Unlike a U.S. citizen, however, an LPR does not have the right to vote and can be deported if, for example, convicted of certain crimes. An LPR may also be known as a permanent resident alien or Green Card holder. National of a State Sponsor of Terrorism—A foreign national who was born in, is a citizen of, is employed by, or represents a government, company, institution, or other organization based in a country on the Department of State's List of State Sponsors of Terrorism. National Security—The national defense and foreign relations of the United States. National Security Assets—DOE and DOE contractor physical and intellectual resources that require significant protection. These include nuclear weapons and their design, Category I and II quantities of special nuclear material, classified information, sensitive information, critical facilities, and valuable government property. No Show—A Foreign Access Central Tracking System (FACTS) closeout term for those visits or assignments for which a foreign national has been approved but fails to report. Nonsensitive Country National—A foreign national who was born in, is a citizen of, is employed by, or represents a government, company, organization, or institution that is located in a county not on the Sensitive Countries List or the Department of State's List of State Sponsors of Terrorism. Optional Area within a Property Protection Area (PPA)—An area that has been designated by the program Secretarial Officer, head of DOE-wide staff office, head of DOE field element, or their designees as containing no sensitive work, information, technologies, or equipment and, therefore, requiring fewer subject matter expert reviews before foreign national visitors or assignees are granted access. The head of the hosting site must elect to submit a request for approval of an optional area within a PPA through the line management chain to the appropriate DOE approval authority. Out of Status—A foreign national in the United States contrary to the terms and conditions established by the Immigration and Naturalization Service (INS) at the port of entry or approved by the INS after a request for extension, waiver, or change of status. A foreign national who is out of status may not be granted access to DOE sites, programs, or information. Status is documented on the INS Form I-94 (Arrival/Departure Record) or I-95 (Crewman's Landing Permit) issued to the foreign national at the point of entry; an INS receipt for request for extension, waiver, or change of status; or the I-94 or I-95 card attached to the bottom on an INS Approval Notice (I-797). All out of status foreign nationals are unlawfully present in the United States. Unlawful presence most commonly occurs when the foreign national enters the United States without INS approval and/or stays past the expiration date on their I-94 or I-95 card. Passport—A travel document issued by one's country of citizenship. It can be used for identification purposes and visa applications or entry to other countries. Property Protection Area—A type of security area having boundaries identified with barriers and access controls for the protection of DOE property. Security Area—A physical space which has been designated as an area containing safeguards and security interests, which dictate the need for the imposition of physical protection measures, as a minimum entailing control of access to and from the designated area, in order to protect Department of Energy interests. The types of security areas used within DOE include Property Protection Areas, Limited Areas, Exclusion Areas, Protected Areas, Material Access Areas, Vital Areas, and functionally specialized security areas, such as Sensitive Compartmented Information Facilities, Classified Computer Facilities and Secure Communications Centers. Safeguards and Security measures applicable to each type of security area are tailored to the protection needs of the security interests contained therein. Sensitive Countries List—A list of countries to which particular consideration is given for policy reasons during the DOE internal review and approval process for visits and assignments by foreign nationals. Countries may appear on the list for national security, nuclear nonproliferation, or terrorism support reasons. The list is maintained by the Office of Defense Nuclear Nonproliferation. Sensitive Country National—A foreign national who was born in, is a citizen of, or is employed by a government, employer, institution or organization of a sensitive country. Sensitive Subjects List—Unclassified subjects/topics identified in existing Federal regulations governing export control and by DOE as unique to its work; information, activities, and/or technologies relevant to national security. Disclosure of sensitive subjects has the potential for enhancing weapons of mass destruction capability and leading to weapons of mass destruction proliferation, divulging militarily critical technologies, or revealing other advanced technologies which may adversely affect U.S. national and economic security. These subjects require special management oversight before release to foreign nationals. The list of sensitive subjects is maintained by the Office of Defense Nuclear Nonproliferation. Site—A geographical area where one or more facilities are located or a DOE-controlled land area including DOE-owned facilities (e.g., the Nevada Test Site, the Hanford Site, Idaho National Engineering Laboratory, Rocky Flats Plant, Feed Materials Production Center) State Sponsors of Terrorism—Countries that have been identified by the Department of State as sponsors of groups and/or activities which support terrorism or terrorist activities and are on the List of State Sponsors of Terrorism. Subject Matter Expert—An employee who is knowledgeable about the professional standards, requirements, and practices used within the discipline he/she represents (i.e., security, export control, technology transfer, counterintelligence, or intelligence). System of Records—A document published in the Federal Register that describes the type of information being maintained on U.S. persons by a U.S. Government agency whenever the information can be retrieved by the name of the individual or by some identifying number, symbol, or other particular assigned to the individual as identified in the Privacy Act. The document details who will have access to the information, for what purposes, and how the information will be stored and destroyed. Technology—Technical data, skills, know-how, or scientific information. Technology is derived from basic or applied research, development, engineering, technological demonstration, economic and social research, or scientific inquiry into phenomena or technology applications. It may exist as machinery or equipment; may be recorded, spoken, or represented in a medium for storage of communication; and may be contained in computer software with scientific and technical applications. U.S. Citizen—As provided for in the U.S. Constitution, a person entitled to all Constitutional rights and privileges of citizenship. Visa—A permit to enter the United States that establishes a particular status (immigrant/nonimmigrant, student, exchange visitor, diplomat, etc.) evidenced by a stamp in the passport or the status described on Immigration and Naturalization Service (INS) Form I-94 or I-95. A visa is not a guarantee that the foreign national will be permitted to enter the United States. Admission is the responsibility of the INS at the port of entry. Visa Requirement Waivers—A foreign national request to the INS that the requirements of his or her visa be waived (for example, a request to waive the 2-year return home requirement for government J-1 visa holders). A waiver request is submitted to the INS for approval, and a receipt for that request is obtained to verify that the request was made. Whether the foreign national is permitted to work during the period after his or her visa has expired until the INS makes a determination on the visa waiver request is determined by the requirements of the visa involved. Visa Waiver Program—A State Department-managed program that enables travelers form certain countries to visit the United States for business or pleasure (but not employment) for up to 90 days without a visa document. Generally, this includes the Western European countries and others with whom the United States has established reciprocal visa waiver agreements. A traveler who entered the United States under the Visa Waiver Program may not extend his or her stay or change status while in the United States. Visit—Access by a foreign national for 30 calendar days or less. Approval for visits will be suspended any time a foreign national visitor is unable to prove he/she is legally present in the United States. Work for Others—Research, development, testing, manufacturing, or experimentation operations and activities conducted at a DOE facility for an Agency other than DOE. Work Permit—An informal term for what is more properly known as an Employment Authorization Document issued to foreign nationals for specific circumstances such as student authorization for practical training, family members of J-1 visa holders, and other specific situations. Field elements include operations offices, service centers, site offices, area offices, and regional offices of federally staffed laboratories. Operations offices, service centers, site offices, area offices, and regional offices of federally staffed laboratories. 2 DOE O 142.X 00-00-00 3 DOE O 142.X 00-00-00 DESTRIBUTION: INITIATED BY: All Departmental Elements Office of Security DISTRIBUTION: INITIATED BY: All Departmental Elements Office of Security DISTRIBUTION: INITIATED BY: All Departmental Elements Office of Security 26 DOE O 142.X DRAFT XX-XX-03 DOE O 142.X 3 DRAFT XX-XX-03 Attachment 2 DOE O 142.X 2 00-00-00 DOE O 142.X Attachment 1 DRAFT XX-XX-03 Page 1 (and Page 2) Attachment 2 DOE O 142.X Page 16 DRAFT XX-XX-03 DOE O 142.X Attachment 2 DRAFT XX-XX-03 Page 1 DOE O 142.X Attachment 2 DRAFT XX-XX-03 Page 15 (and Page 16) DOE O 142.X Attachment 3 DRAFT XX-XX-03 Page 17