10 C.F.R. § 709.4 To whom does the polygraph examination requirement under this part apply?
Title 10 - Energy
(a) Except as provided in paragraph (b) of this section, this part applies to DOE and contractor employees and applicants for employment, and other individuals assigned or detailed to Federal positions at DOE, who are in: (1) Positions that DOE has determined include counterintelligence activities or access to counterintelligence sources and methods; (2) Positions that DOE has determined include intelligence activities or access to intelligence sources and methods; (3) Positions requiring access to information that is protected within a non-intelligence special access program (SAP) designated by the Secretary of Energy; (4) Positions that are subject to the Personnel Security Assurance Program (PSAP); (5) Positions that are subject to the Personnel Assurance Program (PAP); (6) Positions that DOE has determined have a need-to-know or access to information specifically designated by the Secretary regarding the design and operation of nuclear weapons and associated use control features; (7) Positions within the Office of Independent Oversight and Performance Assurance, or any successor thereto, involved in inspection and assessment of safeguards and security functions, including cyber security, of the Department; (8) Positions within the Office of Security and Emergency Operations, or any successor thereto; (9) The Accelerated Access Authorization Program (AAAP); and (10) Positions where the applicant or incumbent has requested a polygraph examination in order to respond to questions that have arisen in the context of counterintelligence investigations or personnel security issues. These examinations are referred to in this part as exculpatory polygraph examinations. (b) This part does not apply to: (1) Any individual for whom the Director of the Office of Counterintelligence (D/OCI), gives a waiver, based upon certification from another Federal agency that the individual has successfully completed a full scope or counterintelligence-scope polygraph examination administered within the last five years; (2) Any individual who is being treated for a medical or psychological condition or is taking medication that, based upon consultation with the individual, the DOE Test Center determines would preclude the individual from being tested; or (3) Any individual for whom the Secretary of Energy gives a written waiver in the interest of national security. (c) The Program Manager responsible for each program with positions identified in paragraphs (a)(1)–(8) of this section identifies in the first instance, in order of priority, those specific positions that will be polygraphed. (d) The Program Manager submits positions identified under paragraph (c) of this section to the D/OCI for review and concurrence. The D/OCI forwards the positions, with suggested additions or deletions, to the Secretary for approval.
Title 10: Energy
PART 709—POLYGRAPH EXAMINATION REGULATIONS
Subpart A—General Provisions
§ 709.4 To whom does the polygraph examination requirement under this part apply?
