; or (ii) the date on which the foreign national is initially granted access to nonpublic areas, data, or information of a National Laboratory under a contract or agreement with the Department. (2) Department The term Department means the Department of Energy. (3) Lawfully admitted for permanent residence The term lawfully admitted for permanent residence has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (4) National of the United States The term national of the United States has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (5) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Qualifying polygraph examination The term qualifying polygraph examination means a polygraph examination that is carried out in a manner that, as determined by the Secretary, is consistent with Intelligence Community Policy Guidance 704.6 published by the Director of National Intelligence and entitled Conduct of Polygraph Examinations for Personnel Security Vetting (or successor guidance). (7) Secretary The term Secretary means the Secretary of Energy, acting through the Director of the Office of Intelligence and Counterintelligence. (b) Qualifying polygraph examinations (1) Potential employees of the Department Before a covered foreign national is hired by the Department to work in a position at a National Laboratory or in any position in which the covered foreign national will have access to nonpublic areas, data, or information of a National Laboratory, the Secretary shall administer a qualifying polygraph examination to the covered foreign national. (2) Existing employees of the Department (A) In general Before an employee of the Department who is a covered foreign national may be transferred to a position at a National Laboratory or to any other position at the Department in which the employee will have access to