50 U.S.C. § 2654

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2654 - 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 (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.

(4) In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is-

(A) a national of the United States (as such term is defined in section 1101 of title 8) and also a national of a foreign state; and

(B) an employee or contractor who requires access to classified information.

(c) Omitted

(d) 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.

50 U.S.C. § 2654

Pub. L. 107-314, div. D, title XLV, §4504, formerly Pub. L. 107-107, §3152, 115 Stat. 1376; renumbered Pub. L. 107-314, div. D, title XLV, §4504, and amended Pub. L. 108-136, §3141, 117 Stat. 1772; Pub. L. 113-66, §3146, 127 Stat. 1079; Pub. L. 115-232, §3112, 132 Stat. 2290.

EDITORIAL NOTES

CODIFICATIONSection is comprised of section 4504 of Pub. L. 107-314. Subsec. (c) of section 4504 of Pub. L. 107-314 repealed section 2655 of this title.Section was formerly classified to section 7383h-1 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

AMENDMENTS2018-Subsec. (b)(4). Pub. L. 115-232 added par. (4).2013-Subsecs. (d), (e). Pub. L. 113-66 redesignated subsec. (e) as (d) and struck out former subsec. (d) which required submission of a report on further enhancement of personnel security program.2003-Subsec. (c). Pub. L. 108-136, §3141(h)(5)(A) (iv), made technical amendment. See Codification note above.

classified information

The term "classified information" means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 3161 note), Executive Order No. 13526 of December 29, 2009 (50 U.S.C. 3161 note), or successor orders, to require protection against unauthorized disclosure and that is so designated.