SECTION 1041--CODIFICATION AND REVISION OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM AUTHORITY
H.R. 1588[excerpts on polygraph]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004
as reported in the House
(House Report 108-106)
This section would remove existing limits on the number of polygraph examinations that the Department of Defense may administer in any fiscal year. Under the current program established in section 1121 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (P.L. 100-180) and amended in section 1073(d)(5) of the National Defense Authorization Act for Fiscal Year 1998 (P.L. 105-85), no more than 5,000 polygraph examinations may be conducted per fiscal year. Section 1041 would expand the categories of individuals who may be required to undergo polygraph examinations. These two categories include persons who are applying for positions within the Department and persons who are assigned or detailed to the Department. This section would also instruct the Secretary of Defense to institute a process to monitor responsible and effective application of polygraphs within the Department of Defense. In lieu of the existing reporting requirement, this section would require the Secretary to make information on the use of polygraphs available to the congressional defense committees.
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.