10 U.S.C. § 1564A
Section 1564a · Counterintelligence polygraph program
Viewing 10 U.S.C. § 1564A as in effect on November 24, 2003. The text changed in 2 later editions (most recent August 13, 2018).
View current version →(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:
(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 polygraph examinations 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 shall carry out a continuing research program to support the polygraph examination 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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Executive Order 12958, referred to in subsec. (b), is set out as a note under section 435 of Title 50, War and National Defense.
Prior Provisions
Provisions similar to those in this section were contained in Pub. L. 100–180, title XI, §1121, Dec. 4, 1987, 101 Stat. 1147, as amended, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 108–136, div. A, title X, §1041(b), Nov. 24, 2003, 117 Stat. 1608.