Sec. 1121. COUNTERINTELLIGENCE POLYGRAPH PROGRAM

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## SEC. 1121 COUNTERINTELLIGENCE POLYGRAPH PROGRAM **[**[10 U.S.C. 113](/us/usc/t10/s113) nt**]** ###

(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 (d), 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 4.2(a) of Executive Order 12356 (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. ###

(c)Limitation on Number of Examinations The number of counterintelligence polygraph examinations that may be administered under this section may not exceed 5,000 during any fiscal year for which a specific number is not otherwise provided by law. ###

(d)Exceptions From Coverage for Certain Intelligence Agencies and Functions This section does not apply— ####

(1)to 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)to #####

(A)a person 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)to a person assigned to a space where sensitive cryptographic information is produced, processed, or stored; or ####

(4)to 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. ###

(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. ###

(f)Annual Report on Polygraph Programs ####

(1)Not later than January 15 of each year, the Secretary of Defense shall submit to Congress a report on polygraph examinations administered by or for the Department of Defense during the previous fiscal year (whether administered under this section or any other authority). ####

(2)Each such report shall include the following with regard to the program authorized by subsection (a): #####

(A)A statement of the number of polygraph examinations administered by or for the Department of Defense during such fiscal year. #####

(B)A description of the purposes and results of such examinations. #####

(C)A description of the criteria used for selecting programs and persons for such examination. #####

(D)A statement of the number of persons who refused to submit to such an examination and a description of the actions taken as a result of the refusals. #####

(E)A statement of the number of persons for which such an examination indicated deception and the action taken as a result of the examinations. #####

(F)A detailed accounting of those cases in which more than two such examinations were needed to attempt to resolve discrepancies and those cases in which the examination of a person extended over more than one day. ####

(3)Each such report shall also include the following: #####

(A)A description of any plans to expand the use of polygraph examinations in the Department of Defense. #####

(B)A discussion of any plans of the Secretary for recruiting and training additional polygraph operators together with statistical data on the employment turnover of Department of Defense polygraph operators. #####

(C)A description of the results during the preceding fiscal year of the research program under subsection (e). #####

(D)A statement of the number of polygraph examinations administered to persons described in subsection

(d)(which number may be set forth in a classified annex to the report). ###

(g)Repeal Section 1221 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 99 Stat. 726), is repealed. ###

(h)Effective Date This section shall take effect as of October 1, 1987.

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