Page:United States Statutes at Large Volume 113 Part 1.djvu/965

 PUBLIC LAW 106-65—OCT. 5, 1999 113 STAT. 941 the Director shall each separately forward that report, with the recommendations in classified and unclassified form of the Secretary or the Director, as applicable, in response to the findings of that report, to the following: (1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. (2) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. (e) FIRST REPORT.— The first report under this section shall be the report for the year 2000. That report shall cover each of the national laboratories. SEC. 3154. COUNTERINTELLIGENCE POLYGRAPH PROGRAM. 42 USC 7383h. (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 poly- graph examinations to each covered person who has access to highrisk 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, highrisk 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 fi^equently 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

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