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     repealed.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.