
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[3135]]
[Document affected by Public Law 107-107 Section 3152(c)]
[CITE: 42USC7383h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
      SUBCHAPTER XV--MATTERS RELATING TO SAFEGUARDS, SECURITY, AND 
                           COUNTERINTELLIGENCE
 
Sec. 7383h. Counterintelligence polygraph program


(a) Program required

    The Secretary of Energy, acting through the Director of 
Counterintelligence, shall carry out a counterintelligence polygraph 
program for the defense-related activities of the Department. The 
counterintelligence polygraph program shall consist of the 
administration of counterintelligence polygraph examinations to each 
covered person who has access to high-risk programs.

(b) Covered persons

    For purposes of this section, a covered person is one of the 
following:
        (1) An officer or employee of the Department.
        (2) An expert or consultant under contract to the Department.
        (3) An officer or employee of a contractor of the Department.

(c) High-risk programs

    For purposes of this section, high-risk programs are the programs 
known as--
        (1) Special Access Programs; and
        (2) Personnel Security and Assurance Programs.

(d) Initial testing and consent

    The Secretary may not permit a covered person to have initial access 
to any high-risk program unless that person first undergoes a 
counterintelligence polygraph examination and consents in a signed 
writing to the counterintelligence polygraph examinations required by 
this section.

(e) Additional testing

    The Secretary may not permit a covered person to have continued 
access to any high-risk program unless that person undergoes a 
counterintelligence polygraph examination within five years after that 
person has initial access, and thereafter--
        (1) not less frequently than every five years; and
        (2) at any time at the direction of the Director of 
    Counterintelligence.

(f) Counterintelligence polygraph examination

    For purposes of this section, the term ``counterintelligence 
polygraph examination'' means a polygraph examination using questions 
reasonably calculated to obtain counterintelligence information, 
including questions relating to espionage, sabotage, unauthorized 
disclosure of classified information, and unauthorized contact with 
foreign nationals.

(g) Regulations

    The Secretary shall prescribe any regulations necessary to carry out 
this section. Those regulations shall include procedures, to be 
developed in consultation with the Federal Bureau of Investigation, 
for--
        (1) identifying and addressing ``false positive'' results of 
    polygraph examinations; and
        (2) ensuring that adverse personnel actions not be taken against 
    an individual solely by reason of that individual's physiological 
    reaction to a question in a polygraph examination, unless reasonable 
    efforts are first made to independently determine through 
    alternative means the veracity of that individual's response to that 
    question.

(h) Plan for extension of program

    Not later than 180 days after October 5, 1999, the Secretary shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a plan on 
extending the program required by this section. The plan shall provide 
for the administration of counterintelligence polygraph examinations in 
accordance with the program to each covered person who has access to--
        (1) the programs known as Personnel Assurance Programs; and
        (2) the information identified as Sensitive Compartmented 
    Information.

(Pub. L. 106-65, div. C, title XXXI, Sec. 3154, Oct. 5, 1999, 113 Stat. 
941.)
