CONFERENCE REPORT ON S. 1438, NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2002

[...]

     SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH 
                   PROGRAM.

       (a) New Counterintelligence Polygraph Program Required.--
     The Secretary of Energy shall carry out, under regulations 
     prescribed under this section, a new counterintelligence 
     polygraph program for the Department of Energy. The purpose 
     of the new program is to minimize the potential for release 
     or disclosure of classified data, materials, or information.
       (b) Authorities and Limitations.--(1) The Secretary shall 
     prescribe regulations for the new counterintelligence 
     polygraph program required by subsection (a) in accordance 
     with the provisions of subchapter II of chapter 5 of title 5, 
     United States Code (commonly referred to as the 
     Administrative Procedures Act).
       (2) In prescribing regulations for the new program, the 
     Secretary shall take into account the results of the 
     Polygraph Review.
       (3) Not later than six months after obtaining the results 
     of the Polygraph Review, the Secretary shall issue a notice 
     of proposed rulemaking for the new program.
       (c) Repeal of Existing Polygraph Program.--Effective 30 
     days after the Secretary submits to the congressional defense 
     committees the Secretary's certification that the final rule 
     for the new counterintelligence polygraph program required by 
     subsection (a) has been fully implemented, section 3154 of 
     the Department of Energy Facilities Safeguards, Security, and 
     Counterintelligence Enhancement Act of 1999 (subtitle D of 
     title XXXI of Public Law 106-65; 42 U.S.C. 7383h) is 
     repealed.
       (d) Report on Further Enhancement of Personnel Security 
     Program.--(1) Not later than January 1, 2003, the 
     Administrator for Nuclear Security shall submit to Congress a 
     report setting forth the recommendations of the Administrator 
     for any legislative action that the Administrator considers 
     appropriate in order to enhance the personnel security 
     program of the Department of Energy.
       (2) Any recommendations under paragraph (1) regarding the 
     use of polygraphs shall take into account the results of the 
     Polygraph Review.
       (e) Polygraph Review Defined.--In this section, the term 
     "Polygraph Review" means the
     review of the Committee to Review the Scientific Evidence on 
     the Polygraph of the National Academy of Sciences.

                  Conference Report (H. Rept. 107-333)

[...]

      Department of Energy counterintelligence polygraph program 
         (sec. 3152)
       The Senate bill contained a provision (sec. 3152) that 
     would direct the Secretary of Energy to develop a new interim 
     polygraph program, and then establish a new permanent 
     polygraph program. The new permanent program would be 
     established by regulations issued pursuant to the 
     Administrative Procedures Act, after the DOE completes the 
     ongoing Polygraph Review. The provision would also repeal 
     section 3154 of the Department of Energy Facilities 
     Safeguards, Security and Counterintelligence Enhancement Act 
     of 1999 (Title XXXI of the National Defense Authorization Act 
     for Fiscal Year 2000).
       The House amendment contained no similar provision.
       The House recedes with an amendment that would direct the 
     Secretary of Energy to establish a new permanent polygraph 
     program by regulations issued pursuant to the Administrative 
     Procedures Act. The provision would repeal section 3154 only 
     after the DOE has implemented the final rule and the 
     Secretary submits a certification to the congressional 
     defense committees to that effect.