§ 2654. Department of Energy counterintelligence polygraph program

• (a) 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)
  • (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)
• (d) 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.