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Title 50 — War and National DefenseRelease 119-73not60

§2654 Department of Energy Counterintelligence Polygraph Program

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter V— SAFEGUARDS AND SECURITY MATTERS › Part A— Safeguards and Security › § 2654

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Energy must set up a counterintelligence polygraph program for the Department of Energy to help prevent the release of classified information, materials, or data. The Secretary must write rules for the program using the Administrative Procedure Act. The Secretary must take into account the National Academy of Sciences' Polygraph Review and must publish a notice of proposed rulemaking within six months after receiving that review. The rules may allow the program, during a counterintelligence investigation, to include U.S. nationals who also have foreign nationality if they are 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.

Full Legal Text

Title 50, §2654

War and National Defense — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section 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.

Amendments

2018—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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2654

Title 50 — War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60