Public Law 106-65
National Defense Authorization Act for Fiscal Year 2000 (S. 1059)
SEC. 3154. COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) PROGRAM REQUIRED- The Secretary of Energy, acting through the Director of Counterintelligence, shall carry out a counterintelligence polygraph program for the defense-related activities of the Department. The counterintelligence polygraph program shall consist of the administration of counterintelligence polygraph examinations to each covered person who has access to high-risk programs.
(b) COVERED PERSONS- For purposes of this section, a covered person is one of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the Department.
(3) An officer or employee of a contractor of the Department.
(c) HIGH-RISK PROGRAMS- For purposes of this section, high-risk programs are the programs known as--
(1) Special Access Programs; and
(2) Personnel Security and Assurance Programs.
(d) INITIAL TESTING AND CONSENT- The Secretary may not permit a covered person to have initial access to any high-risk program unless that person first undergoes a counterintelligence polygraph examination and consents in a signed writing to the counterintelligence polygraph examinations required by this section.
(e) ADDITIONAL TESTING- The Secretary may not permit a covered person to have continued access to any high-risk program unless that person undergoes a counterintelligence polygraph examination within five years after that person has initial access, and thereafter--
(1) not less frequently than every five years; and
(2) at any time at the direction of the Director of Counterintelligence.
(f) COUNTERINTELLIGENCE POLYGRAPH EXAMINATION- For purposes of this section, the term `counterintelligence polygraph examination' means a polygraph examination using questions reasonably calculated to obtain counterintelligence information, including questions relating to espionage, sabotage, unauthorized disclosure of classified information, and unauthorized contact with foreign nationals.
(g) REGULATIONS- The Secretary shall prescribe any regulations necessary to carry out this section. Those regulations shall include procedures, to be developed in consultation with the Federal Bureau of Investigation, for--
(1) identifying and addressing `false positive' results of polygraph examinations; and
(2) ensuring that adverse personnel actions not be taken against an individual solely by reason of that individual's physiological reaction to a question in a polygraph examination, unless reasonable efforts are first made to independently determine through alternative means the veracity of that individual's response to that question.
(h) PLAN FOR EXTENSION OF PROGRAM- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a plan on extending the program required by this section. The plan shall provide for the administration of counterintelligence polygraph examinations in accordance with the program to each covered person who has access to--
(1) the programs known as Personnel Assurance Programs; and
(2) the information identified as Sensitive Compartmented Information.
SEC. 3155. DEFINITIONS OF NATIONAL LABORATORY AND NUCLEAR WEAPONS PRODUCTION FACILITY.
For purposes of this subtitle:
(1) The term `national laboratory' means any of the following:
(A) The Lawrence Livermore National Laboratory, Livermore, California.
(B) The Los Alamos National Laboratory, Los Alamos, New Mexico.
(C) The Sandia National Laboratories, Albuquerque, New Mexico and Livermore, California.
(2) The term `nuclear weapons production facility' means any of the following:
(A) The Kansas City Plant, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y-12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations at the Savannah River Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
SEC. 3156. DEFINITION OF RESTRICTED DATA.
In this subtitle, the term `Restricted Data' has the meaning given that term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).