CODIFICATION AND REVISION OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM AUTHORITY.

SEC. 1041. CODIFICATION AND REVISION OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM AUTHORITY.(a) Codification.—(1) Chapter 80 of title 10, United States Code, is amended by inserting after section 1564 the following new section:“§ 1564a. 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.117 STAT. 1608“(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.” .(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564 the following new item: “1564a. 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.