Page:United States Statutes at Large Volume 114 Part 3.djvu/499

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PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-457 (b) HiGH-RiSK PROGRAMS.—Subsection (c) of that section is amended to read as follows: "(c) HiGH-RiSK PROGRAMS.—For purposes of this section, highrisk programs are the following: "(1) Programs using information known as Sensitive Compartmented Information. "(2) The programs known as Special Access Programs and Personnel Security and Assurance Programs. "(3) Any other program or position category specified in section 709.4(a) of title 10, Code of Federal Regulations.". (c) AUTHORITY TO WAIVE EXAMINATION REQUIREMENT.— Subsection (d) of that section is amended— (1) by inserting "(1)" before "The Secretary"; and (2) by adding at the end the following new paragraphs: "(2) Subject to paragraph (3), the Secretary may, after consultation with appropriate security personnel, waive the applicability of paragraph (1) to a covered person— "(A) if— "(i) the Secretary determines that the waiver is important to the national security interests of the United States; "(ii) the covered person has an active security clearance; and "(iii) the covered person acknowledges in a signed writing that the capacity of the covered person to perform duties under a high-risk program after the expiration of the waiver is conditional upon meeting the requirements of paragraph (1) within the effective period of the waiver; "(B) if another Federal agency certifies to the Secretary that the covered person has completed successfully a full-scope or counterintelligence-scope polygraph examination during the 5-year period ending on the date of the certification; or "(C) if the Secretary determines, after consultation with the covered person and appropriate medical personnel, that the treatment of a medical or psychological condition of the covered person should preclude the administration of the examination. "(3)(A) The Secretary may not commence the exercise of the authority under paragraph (2) to waive the applicability of paragraph (1) to any covered persons until 15 days after the date on which the Secretary submits to the appropriate committees of Congress a report setting forth the criteria to be used by the Secretary for determining when a waiver under paragraph (2)(A) is important to the national security interests of the United States. The criteria shall not include the need to maintain the scientific vitality of the laboratory. The criteria shall include an assessment of counterintelligence risks and programmatic impacts. "(B) Any waiver under paragraph (2)(A) shall be effective for not more than 120 days, and a person who is subject to a waiver under paragraph (2)(A) may not ever be subject to another waiver under paragraph (2)(A). "(C) Any waiver under paragraph (2)(C) shall be effective for the duration of the treatment on which such waiver is based. "(4) The Secretary shall submit to the appropriate committees of Congress on a semi-annual basis a report on any determinations made under paragraph (2)(A) during the 6-month period ending on the date of such report. The report shall include a national