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§6224 Department of Energy Counterintelligence Polygraph Program

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 605 — SAFEGUARDS AND SECURITY MATTERS › SUBCHAPTER I — SAFEGUARDS AND SECURITY › § 6224

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Energy must set up and run a new counterintelligence polygraph program to reduce the chance that classified data, materials, or information are released. The program’s rules must follow the Administrative Procedure Act and must take the Polygraph Review into account. Within six months after receiving the Polygraph Review results, the Secretary must publish a notice of proposed rulemaking. During counterintelligence probes, the rules can require polygraphs for people who are U.S. nationals who also hold another nationality (as defined in the Immigration and Nationality Act (8 U.S.C. 1101)) and for employees or contractors who need access to classified information. “Polygraph Review” means the National Academy of Sciences committee’s review of the scientific evidence on the polygraph.

Title 10, §6224

Armed Forces, Source: USLM XML via OLRC

(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 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and

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

(c)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6224, act Aug. 10, 1956, ch. 1041, 70A Stat. 388, provided that members of the United States Navy Band and the United States Marine Corps Band shall lose no allowances while on concert tours approved by the President, prior to repeal by Pub. L. 87–649, § 14c(46), Sept. 7, 1962, 76 Stat. 501, effective Nov. 1, 1962. See section 425 of Title 37, Pay and Allowances of the Uniformed Services. Provisions similar to those in this section were contained in section 2654 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.