§ 2654.
(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 1101 of title 8) and also a national of a foreign state; and
(B)
an employee or contractor who requires access to classified information.
([Pub. L. 107–314, div. D, title XLV, § 4504], formerly [Pub. L. 107–107, div. C, title XXXI, § 3152], Dec. 28, 2001, [115 Stat. 1376]; renumbered [Pub. L. 107–314, div. D, title XLV, § 4504], and amended [Pub. L. 108–136, div. C, title XXXI, § 3141(h)(5)(A)], Nov. 24, 2003, [117 Stat. 1772]; [Pub. L. 113–66, div. C, title XXXI, § 3146(f)(2)], Dec. 26, 2013, [127 Stat. 1079]; [Pub. L. 115–232, div. C, title XXXI, § 3112], Aug. 13, 2018, [132 Stat. 2290].)