H.R. 1588
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004
as reported in the House
(House Report 108-106)

[excerpts on polygraph]

SECTION 1041--CODIFICATION AND REVISION OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM AUTHORITY


Congressional Record: May 21, 2003 (House)]
Page H4402-H4503


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004

  The SPEAKER pro tempore (Mr. Sweeney). Pursuant to House Resolution
245 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 1588.

[...]

     SEC. 1041. CODIFICATION AND REVISION OF DEFENSE
                   COUNTERINTELLIGENCE POLYGRAPH PROGRAM
                   AUTHORITY.

       (a) Codification.--(1) Chapter 21 of title 10, United
     States Code, is amended by inserting after section 425 the
     following new section:

     ``Sec. 426. Counterintelligence polygraph program

       ``(a) Authority for Program.--The Secretary of Defense may
     carry out a program for the administration of
     counterintelligence polygraph examinations to persons
     described in subsection (b). The program shall be based on
     Department of Defense Directive 5210.48, dated December 24,
     1984.
       ``(b) Persons Covered.--Except as provided in subsection
     (c), the following persons whose duties involve access to
     information that has been classified at the level of top
     secret or designated as being within a special access program
     under section 4.4(a) of Executive Order 12958 (or a successor
     Executive order) are subject to this section:
       ``(1) Military and civilian personnel of the Department of
     Defense.
       ``(2) Personnel of defense contractors.
       ``(3) A person assigned or detailed to the Department of
     Defense.
       ``(4) An applicant for a position in the Department of
     Defense.
       ``(c) Exceptions From Coverage for Certain Intelligence
     Agencies and Functions.--This section does not apply to the
     following persons:

[[Page H4455]]

       ``(1) A person assigned or detailed to the Central
     Intelligence Agency or to an expert or consultant under a
     contract with the Central Intelligence Agency.
       ``(2) A person who is--
       ``(A) employed by or assigned or detailed to the National
     Security Agency;
       ``(B) an expert or consultant under contract to the
     National Security Agency;
       ``(C) an employee of a contractor of the National Security
     Agency; or
       ``(D) a person applying for a position in the National
     Security Agency.
       ``(3) A person assigned to a space where sensitive
     cryptographic information is produced, processed, or stored.
       ``(4) A person employed by, or assigned or detailed to, an
     office within the Department of Defense for the collection of
     specialized national foreign intelligence through
     reconnaissance programs or a contractor of such an office.
       ``(d) Oversight.--(1) The Secretary shall establish a
     process to monitor responsible and effective application of
     polygraphs within the Department of Defense.
       ``(2) The Secretary shall make information on the use of
     polygraphs within the Department of Defense available to the
     congressional defense committees.
       ``(e) Polygraph Research Program.--The Secretary of Defense
     shall carry out a continuing research program to support the
     polygraph activities of the Department of Defense. The
     program shall include--
       ``(1) an on-going evaluation of the validity of polygraph
     techniques used by the Department;
       ``(2) research on polygraph countermeasures and anti-
     countermeasures; and
       ``(3) developmental research on polygraph techniques,
     instrumentation, and analytic methods.''.
       (2) The table of sections at the beginning of subchapter I
     of such chapter is amended by adding at the end the following
     new item:

``426. Counterintelligence polygraph program.''.

       (b) Conforming Repeal.--Section 1121 of the National
     Defense Authorization Act for Fiscal Years 1988 and 1989 (10
     U.S.C. 113 note), is repealed.
       (c) Effective Date.--The amendments made by this section
     shall take effect on October 1, 2003.