§1564a Counterintelligence polygraph program

Summary

The Secretary of Defense may run a program that gives counterintelligence polygraph tests to certain people who work with or for the Department of Defense. Covered people include DoD military and civilian workers, defense contractor staff, people assigned to DoD, job applicants, and U.S. citizens who also have another nationality when they need access to classified information. Tests can be used for those whose jobs involve top secret material, special access programs, or work where a leak could risk lives, harm key intelligence sources, or hurt important U.S. technologies or plans. People assigned to the CIA or NSA, those working in sensitive cryptographic areas, and certain reconnaissance offices are not covered. The tests must follow all laws and may be used to check initial or continuing eligibility (including random checks), to resolve serious security concerns or clear someone who asks for a test, for limited interim checks in urgent cases, and to assess foreign-preference or foreign-influence risks as described in part 147 of title 32, Code of Federal Regulations. Examinees must be told about the test and why it is being given, and they must agree before it happens. They must be told they can talk to a lawyer, and questions must relate to the issue being investigated. The Secretary must set rules for fair use, watch how polygraphs are used, share information with the congressional defense committees, and run ongoing research. That research must evaluate how well polygraph methods work, study ways people try to beat them, and develop better techniques, tools, and analysis.