; and (B) if the covered foreign national is an employee of the Department, the employment of the covered foreign national at the Department shall be terminated. (2) Certain employees of the Department (A) Employees under consideration for transfer to certain positions Paragraph (1)(B) shall apply to an employee of the Department described in subsection (b)(2)(A) who does not have access to nonpublic areas, data, or information of the Department but is under consideration for a transfer to a position described in that paragraph such that, if the employee refuses to submit to a polygraph examination under this section— (i) the employee shall be ineligible for the transfer; and (ii) the employment of the employee at the Department shall be terminated. (B) Employees with access to nonpublic areas or information Paragraph (1)(B) shall apply to any employee of the Department who is a covered foreign national and works in a position at a National Laboratory or in any other position at the Department in which the employee has access to nonpublic areas, data, or information of a National Laboratory such that, if the employee refuses to submit to a polygraph examination under this section, the employment of the employee at the Department, including at any National Laboratory, shall be terminated. (3) Potential employees of the Department A covered foreign national who is under consideration for employment in a position described in subsection (b)(1) and refuses to submit to a polygraph examination under this section— (A) shall be removed from consideration for employment in that position