Page:United States Statutes at Large Volume 119.djvu/3456

 119 STAT. 3438

10 USC 1564a note.

10 USC 113 note.

PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(3) Polygraph examinations conducted under this section shall provide adequate safeguards, prescribed by the Secretary of Defense, for the protection of the rights and privacy of persons subject to this section under subsection (b) who are considered for or administered polygraph examinations under this section. Such safeguards shall include the following: ‘‘(A) The examinee shall receive timely notification of the examination and its intended purpose and may only be given the examination with the consent of the examinee. ‘‘(B) The examinee shall be advised of the examinee’s right to consult with legal counsel. ‘‘(C) All questions asked concerning the matter at issue, other than technical questions necessary to the polygraph technique, must have a relevance to the subject of the inquiry. ‘‘(f) OVERSIGHT.—(1) The Secretary shall establish a process to monitor responsible and effective application of polygraph examinations within the Department of Defense. ‘‘(2) The Secretary shall make information on the use of polygraphs within the Department of Defense available to the congressional defense committees. ‘‘(g) POLYGRAPH RESEARCH PROGRAM.—The Secretary shall carry out a continuing research program to support the polygraph examination activities of the Department of Defense. The program shall include the following: ‘‘(1) An on-going evaluation of the validity of polygraph techniques used by the Department. ‘‘(2) Research on polygraph countermeasures and anticountermeasures. ‘‘(3) Developmental research on polygraph techniques, instrumentation, and analytic methods.’’. (b) EFFECTIVE DATE; IMPLEMENTATION.—The amendment made by subsection (a) shall apply with respect to polygraph examinations administered beginning on the date of the enactment of this Act. SEC. 1055. PRESERVATION OF RECORDS PERTAINING TO RADIOACTIVE FALLOUT FROM NUCLEAR WEAPONS TESTING.

(a) PROHIBITION OF DESTRUCTION OF CERTAIN RECORDS.—The Secretary of Defense may not destroy any official record in the custody or control of the Department of Defense that contains information relating to radioactive fallout from nuclear weapons testing. (b) PRESERVATION AND PUBLICATION OF INFORMATION.—The Secretary of Defense shall identify, preserve, and make available any unclassified information contained in official records referred to in subsection (a). SEC. 1056. TECHNICAL AND CLERICAL AMENDMENTS.

(a) AMENDMENTS RELATING TO DEFINITION OF BASE CLOSURE LAWS.— (1) Section 2694a(i) of title 10, United States Code, is amended by striking paragraph (2). (2) Paragraph (1) of section 1333(i) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2701 note) is amended to read as follows: ‘‘(1) BASE CLOSURE LAW.—The term ‘base closure law’ has the meaning given such term in section 101(a)(17) of title 10, United States Code.’’.

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