(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.
(d) Report on further enhancement of personnel security program
(1)Not later than January 1, 2003, the Administrator for Nuclear Security shall submit to Congress a report setting forth the recommendations of the Administrator for any legislative action that the Administrator considers appropriate in order to enhance the personnel security program of the Department of Energy.
(2)Any recommendations under paragraph (1) regarding the use of polygraphs shall take into account the results of the Polygraph Review.
(e) 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.
Section was formerly classified to section
7383h–1 of Title
42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
2003—Subsec. (c). Pub. L. 108–136, § 3141(h)(5)(A)(iv), made technical amendment. See Codification note above.
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