SORT: 5210.48
DOCI: DODD 5210.48
DATE: 19841224
TITL: DODD 5210.48 DoD Polygraph Program, December 24, 1984, USD(P)
References: (a) DoD Directive 5210.48, "Polygraph Examinations and
Examiners," October 6, 1975 (hereby canceled)
(b) DoD 5025.1-M, "DoD Directives System Procedures,
"April 1981, authorized by DoD Directive 5025.1,
"Department of Defense Directives System,"
October 16, 1980
(c) DoD Directive 5400.11, "Department of Defense
Privacy Program," June 9, 1982
(d) Title 10, United States Code, Sections 801-940,
Uniform Code of Military Justice, Article 31.b.
(e) Executive Order 12356, "National Security
Information," April 2, 1982
(f) DoD 5200.1-R, "Information Security Program
Regulation," August 1982, authorized by DoD
Directive 5200.1, "DoD Information Security
Program," June 7, 1982
A. REISSUANCE AND PURPOSE
This Directive:
1. Reissues reference (a) to update policy governing the use of the
polygraph within the Department of defense, including the selection,
training, and supervision of polygraph examiners; the procurement and
testing of equipment; and the reporting of data related to polygraph
activities.
2. Authorized the issuance of DoD 5210.48-R, "DoD Polygraph Program,"
consistent with reference (b).
B. APPLICABILITY AND SCOPE
1. This Directive applies to the Office of the Secretary of Defense,
the Military Departments, the Organization of the Joint Chiefs of Staff,
the Unified and Specified Commands, and the Defense Agencies (hereafter
referred to collectively as "DoD Components").
2. It applies to DoD polygraph examinations that involve DoD
contractor personnel and other persons who are affiliated with the
Department of Defense.
C. POLICY
It is DoD policy to administer polygraph examinations only as
authorized, and in the manner prescribed, by this Directive and DoD
5210.48-R. DoD Components shall ensure that, in implementing this
Directive and DoD 5210.48-R, adequate safeguards are provided for the
protection of the rights and privacy of individuals considered for or
subjected to polygraph examination.
D. PROCEDURES
1. The polygraph shall be employed only when the person to be
examined has consented to the examination. This consent must be in
writing, unless the examination is being administered for purposes
described in paragraph D.12.h., below.
2. The individual being considered for polygraph examination shall be
given timely notification of the date, time, and place of the examination
as well as his or her right to obtain and consult with legal counsel.
Legal counsel may be available for consultation during the polygraph
examination.
3. Individuals to be examined in examinations other than those
conducted under the provisions of paragraphs D.12.3 and h., below, shall,
before administering of the polygraph examination, be advised of their
privilege against self-incrimination. The examinee may, upon his or her
own volition, or upon advice of legal counsel, terminate the polygraph
examination at any time.
4. No relevant question may be asked during the polygraph examination
that has not been reviewed with the examinee before the examination.
Moreover, all questions asked concerning the matter at issue, other than
technical questions necessary to the polygraph technique, must have a
special relevance to the subject of the inquiry. The probing of a
person's thoughts or beliefs and questions about conduct that has no
security implication or is not directly relevant to an investigation are
prohibited (such as religious beliefs and affiliations, beliefs and
opinions regarding racial matters, and political beliefs and affiliations
of a lawful nature).
5. When use of the polygraph is authorized pursuant to paragraphs
D.12.b.,c., and g., or D.13.c., below, technical questions utilized in
such examinations shall be constructed to avoid embarrassing, degrading,
or unnecessarily intrusive questions. Additionally, except for polygraph
examinations conducted under the provisions of paragraph D.13.a. of this
Directive, all technical questions to be used during such examinations
must be reviewed with the examinee before being posed to him or her for
response.
6. Polygraph examinations shall be considered as supplementary to,
not as a substitute for, other forms of investigation that may be required
under the circumstances. Moreover, no adverse action will be taken solely
on the basis of a polygraph examination chart that indicates deception,
except as provided in subsection D.9., below.
7. Applicants for employment, assignment, or detail to positions
requiring access to specifically designated information in special access
programs, assignment or detail to the Central Intelligence Agency,
employment in and assignment or detail to critical intelligence positions
in the Defense Intelligence Agency, or employment in and assignment or
detail to the National Security Agency; (NSA), who refuse to take a
polygraph examination shall not be selected or assigned.
8. Persons who refuse to take a polygraph examination in connection
with determining their continued eligibility for access to specifically
designated information in special access programs, in accordance with
paragraph D.12.b., below, to include incumbents of positions subsequently
determined to require such access, may be denied access to the classified
information in question, provided, however, that, with the exception of
the NSA, the DoD Component concerned shall ensure that such person is
retained in a position of equal pay and grade that does not require such
access, or arrange like employment for such individual at another DoD
Component.
9. When deception is indicated by the examiner's interpretation of
polygraph charts in polygraph examinations conducted under the provisions
of paragraphs D.12.b. and D.13.c., below, indepth interview of the subject
will be undertaken by the examiner, immediately following the running of
the chart, to resolve any indication of deception. If an indication of
deception cannot be resolved through such means, the subject will be so
advised and the results of the examination by the examining agency, using
the same or a different examiner. If such additional examination is not
sufficient to resolve the matter, a comprehensive investigation of the
subject shall be undertaken, utilizing the results of the polygraph
examination as an investigative lead. If such investigation develops no
derogatory information upon which an adverse action independently may be
based, no such action shall be permitted, unless approved by an authority
designated in subsection G.1., below, in specific cases, based upon his or
her written finding that the information in question is of such extreme
sensitivity that access under the circumstances poses an unacceptable risk
to the national security.
10. Adverse action shall not be taken against a person for refusal to
take a polygraph examination in criminal or unauthorized disclosure cases.
11. A refusal to consent to a polygraph examination shall not be
recorded in the person's personnel file or any investigative file, nor
shall a person's supervisor, and in the case of a contractor employee, the
person's employer, be informed of the refusal, unless such actions are
necessary in support of action to be taken under the provisions of
subsection D.8., above. Refusal to take a polygraph examination shall be
given the full privacy protection provided for in DoD Directive 5400.11
(reference (c)).
12. Polygraph examinations may be authorized only for the following
purposes:
a. To supplement the investigation of a crime involving an offense
punishable under Federal law, including the Uniform Code of Military
Justice (reference (d)), by death or confinement for a term of 1 year or
more.
b. To assist in determining the initial eligibility and aperiodically
thereafter, on a random basis, to assist in determining the continued
eligibility of DoD civilian, military, and contractor personnel for access
to specifically designated information protected within special access
programs, established under E.O. 12356 (reference (e)) and DoD 5200.1-R
(reference (f)). Any use of the polygraph for such purpose shall have the
prior approval of the Deputy Under Secretary of Defense for Policy
(DUSD(P)), and be based upon the request of the head of the DoD Component
concerned, who shall certify in writing that unauthorized disclosure of
the information in question could reasonably be expected to: (1)
jeopardize human life or safety; (2) result in the loss of unique or
uniquely productive intelligence sources or methods vital to U.S.
security; or (3) would compromise technologies, plans, or procedures vital
to the strategic advantage of the United States. The scope of any
polygraph examination administered for such purpose shall be limited to
the counter-intelligence topics prescribed in Appendix B of DoD 5210.48-R.
c. To supplement the investigation of an alleged unauthorized
disclosure of classified information.
d. To supplement the investigation of alleged acts of espionage,
sabotage, or terrorism.
e. To assist in determining the initial eligibility of foreign
nationals for access to classified information and aperiodically
thereafter to ensure access to classified information is clearly
consistent with the interests of national security.
f. To resolve serious credible derogatory information, with the
consent of the examinee, developed in connection with a personnel security
investigation of DoD civilian, military, or contractor personnel, that
cannot be resolved in any other manner.
g. To assist, in a limited number of cases when operational
exigencies require the immediate utilization of a person's service before
the completion of a background investigation in determining the interim
eligibility of DoD civilian, military, and contractor personnel for access
to Sensitive Compartmented Information (SCI). In this instance, the scope
of the polygraph examination shall be limited to the counterintelligence
topics prescribed in Appendix B of DoD 5210.48-R.
h. To determine the suitability, reliability, or credibility of
personnel who are used as, proposed for use as, or who purport to be,
agents, sources, or operatives in foreign intelligence or
counterintelligence activities.
i. When requested by the subject of a criminal, counterintelligence,
or personnel security investigation, as a means of exculpation, with
respect to allegations or evidence arising in the course of such
investigation; or
j. To provide polygraph service or support to entities other than DoD
Components, provided the use of the polygraph in such instances in
consistent with this Directive and DoD 5210.48-R, and has been approved by
the DUSD(P), or his designee, the Director, Counterintelligence and
Investigative Programs, Office of the DUSD(P).
13. Polygraph examination shall be required on an interim and
aperiodic basis for:
a. DoD civilian, military, contractor, and General Service
Administration personnel, to assist in determining their eligibility for
initial or continued employment, assignment, or detail for duty with the
NSA in activities that require access to sensitive cryptologic
information, or to spaces where sensitive cryptologic information is
produced, processed, or stored. When military personnel are assigned or
detailed for duty with NSA, the scope of such examination shall be limited
to the counterintelligence topics prescribed in Appendix B of DoD
5210.48-R.
b. DoD civilian and military personnel, to assist in determining
their eligibility for assignment or detail to the Central Intelligence
Agency (CIA) in positions where polygraph examinations are required by the
CIA; or
c. DoD civilian, military, and contractor personnel, to assist in
determining their eligibility for employment with or assignment to the
Defense Intelligence Agency (DIA) in positions that have been designated
by the Director, DIA, as critical intelligence position, provided that the
scope of such examinations shall be limited to the counterintelligence
topics prescribed in Appendix B of DoD 5210.48-R.
E. RESPONSIBILITIES
1. The Deputy Under Secretary of Defense for Policy shall have
overall responsibility for the DoD Polygraph Program, and shall:
a. Establish policies and procedures for the DoD Polygraph Program.
b. Approve use of the polygraph pursuant to paragraph D.12.b., above,
and monitor such use as may be appropriate to ensure compliance with this
Directive.
c. Coordinate with the Inspector General, Department of Defense (IG,
DoD), all matters concerning use of the polygraph in connection with the
investigation of criminal offenses.
d. Issue and maintain DoD 5210.48-R consistent with the provisions of
DoD 5025.1-M (reference (b)).
e. Conduct an active oversight program to ensure compliance with the
requirements of the DoD Polygraph Program.
f. Authorize use of the polygraph within the Office of the Secretary
of Defense, the Organization of the Joint Chiefs of Staff, and Defense
Agencies other than those identified in subsection E.3., below, and when
use of the polygraph is contemplated for more than one DoD Component.
g. Ensure through appropriate means that the number of persons to
whom polygraph examinations are administered pursuant to subsections D.8.
and 9.; paragraphs D.12.b., e., and g; and paragraph D.13.c. does not
exceed 3,500.
2. The Inspector General, Department of Defense; the Secretaries of
the Military Departments; and the Directors of the National Security
Agency/Chief, Central Security Service (CSS), Defense Intelligence Agency,
and Defense Investigative Service (DIS) shall:
a. Authorize use of polygraph examinations within their respective
areas of responsibility. In this regard, the authority of the Director,
DIS, and the IG, DoD, is as follows:
(1) The director, DIS, may authorize use of the polygraph only with
respect to the following categories of personnel:
(a) Personnel of DIS.
(b) Foreign nationals and immigrant aliens (in the continental United
States) when polygraph examination is necessary to complete the overseas
portion of a personnel security investigation.
(c) DoD civilian, military, and contractor personnel of DoD
Components, to resolve credible derogatory information developed during
the course of a personnel security investigation undertaken to determine
the eligibility of such personnel for access to classified information
other than SCI.
(d) DoD contractor personnel who require access to specifically
designated special access program information, provided that such
examinations shall be limited to the counterintelligence areas prescribed
in Appendix B of DoD 5210.48-R.
(2) The IG, DoD, may authorize use of the polygraph only with respect
to the following categories of personnel:
(a) Personnel of the IG, DoD.
(b) Other DoD civilian, military, and contractor personnel when such
personnel are involved in a criminal or other case being investigated by
the IG, DoD, and covered by this Directive and DoD 5210.48-R.
b. Delegate authority to authorize polygraph examinations to no lower
level than the heads of security and investigative agencies, or their
specific designees. The number of persons delegated authority under this
paragraph shall be held to the minimum required to meet operational needs.
c. Submit semiannual reports to the DUSD(P) as of December 31 and
June 30, before the 30th day of January and July respectively, on
polygraph activities in the format provided in Appendix A of DoD
5210.48-R.
3. The Commanders of the U.S. Army Criminal Investigation command and
the U.S. Army Intelligence and Security Command; the Heads of the U.S.
Naval Investigative Service, the U.S. Marine Corps Law Enforcement
Section, and the U.S. Air Force Office of Special Investigations; the U.S.
Air Force Assistant Chief of Staff, Intelligence; the Directors for the
National Security Agency/Chief, Central Security Service, Defense
Intelligence Agency, and Defense Investigative Service; and the Chief,
Office of Investigations, IG, DoD, are the only DoD officials whose
activities are authorized to conduct polygraph examinations, acquire or
possess polygraph equipment, or to have polygraph examiners.
4. Heads of DoD Components that do not have a polygraph capability,
or their designees, may request polygraph support from activities
identified in subsection E.3. Such requests shall substantiate that the
requested polygraph examination is consistent with the provisions of this
Directive and DoD 5210.48-R.
5. The Secretary of the Army, or his designee, shall establish and
manage training programs for DoD polygraph examiners, except that the
Director, NSA/Chief, CSS, may approve alternative courses for training of
NSA/CSS polygraph examiners. Any other training programs must be approved
by the DUSD(P).
F. APPEALS
Adverse actions taken as a consequence of procedures authorized by
this Directive and DoD 5210.48-R are appealable in accordance with
applicable personnel or security appeals procedures.
G. WAIVERS AND EXCEPTIONS
1. Exceptions under the provisions of subsection D.9. must be
personally approved by one of the Secretaries of the Military Departments
or the Director, NSA, for their respective components, or the Secretary or
Deputy Secretary of Defense for other DoD Components.
2. Except as provided in subsection G.1., above, the DUSD(P), or his
designee, the Director, Counterintelligence and Investigative Programs,
Office of the DUSD(P), are the only officials authorized to approve
waivers or exceptions to the provisions of this Directive or DoD
5210.48-R.
H. INFORMATION REQUIREMENTS
The reporting requirement in paragraph E.3.c. has been assigned
Reports Control Symbol DD-POL(SA)1361. For the purpose of this
requirement, a polygraph examination is considered to have occurred when
at least one of the testing phases defined in DoD 5210.48-R has been
initiated.
I. EFFECTIVE DATE AND IMPLEMENTATION
Under the provisions of Section 1016(a), Omnibus Defense Authorization
Act of 1985, authority to expand use of the polygraph in DoD beyond that
authorized by DoD Directive 5210.48 (reference (a)) has been limited to a
test program, involving not more than 3,500 persons to be conducted during
Fiscal Year 1985. Accordingly, authority to implement the following
paragraphs of this Directive is limited to the congressionally mandated
test that will expire September 30, 1985, unless extended by the Secretary
of Defense in coordination with the United States Congress (see
subsections D.8. and 9.; paragraphs D.12.b., e. and g.; paragraph D.13.c.;
and paragraph E.1.g.).
This Directive is effective immediately. Forward two copies of
implementing documents to the Under Secretary of Defense for Policy within
120 days.
William H. Taft, IV
Deputy Secretary of Defense
FOREWORD
This regulation is issued under the authority of DoD Directive 5210.48,
"DoD Polygraph Program," December 24, 1984. Its purpose is to provide
guidance and establish controls governing the use of the polygraph to
ensure an equitable balance between the need of the Government to secure
and verify investigative information and the recognition and preservation
of the rights of the individual. It specifies the circumstances under
which the polygraph may or shall be used, prescribes procedures for
conducting polygraph examinations and establishes standards for the
selection, training and supervision of DoD polygraph examiners.
This Regulation applies to the Office of the Secretary of Defense (OSD),
the Military Departments, the Organization of the Joint Chief of Staff,
the Unified and Specified Commands, and the Defense Agencies (hereafter
referred to collectively as "DoD Components").
The provisions of this Regulation also apply when DoD polygraph
examinations involve contractor personnel and any other person affiliated
with the Department of Defense.
This Regulation is effective immediately and is mandatory for use by all
DoD Components.
Send recommended changes to this Regulation through channels to:
Director
Counterintelligence and
Investigative Programs
Room 3C260, The Pentagon
Washington, D.C. 20301-2200
DoD Components may obtain copies of this Regulation through their own
publication channels. Other federal agencies and the public may obtain
copies from the U.S. Department of Commerce, National Technical
Information Service, 5288 Port Royal Road, Springfield, Virginia 22161.
Richard G. Seilwell
General, USA (Ret.)
Deputy
(DATA OMITTED)
REFERENCES
(a) Title 10, United States Code, Sections 801-940, Uniform code of
Military Justice, Article 31.b.
(b) Executive Order 12356, "National Security Information,"
April 2, 1982
(c) DoD 5200.1-R, "Information Security Program Regulation,"
August, 1982, authorized by DoD Directive 5200.1, "DoD
Information Security Program," June 7, 1982
(d) DoD 5200.2-R, "DoD Personnel Security Program," December 1979,
authorized by DoD Directive 5200.2, "DoD Personnel Security
Program," December 20, 1979
(e) DoD Directive 5400.11, "Personal Privacy and Rights of
Individuals Regarding Their Personal Records," June 9, 1982.
(f) Manual for Courts-Martial, 1969 (revised edition), Chapter XXVII,
Military Rules of Evidence, Section III
(g) DoD 5400.7-R, "DoD Freedom of Information Act Program,"
December 1980, Authorized by DoD Directive 5400.7, "DoD Freedom
of Information Act Program," March 24, 1980
DEFINITIONS
1. Adverse Action. As defined in paragraph 1-301, DoD 5200.2-R
(reference (d)), if taken as a result of an unfavorable personnel security
determination.
2. Counterintelligence. Information gathered and activities
conducted to protect against espionage and other clandestine intelligence
activities, sabotage, international terrorist activities, or
assassinations conducted for or on behalf of foreign powers,
organizations, or persons.
3. Cryptographic Information. All information significantly
descriptive of cryptographic techniques and processes or of cryptographic
systems and equipment, or their functions and capabilities, and all
cryptomaterial. ("Significantly descriptive" means that the information
could, if made known to unauthorized persons, permit recovery of specific
cryptographic features of classified crypto-equipment, reveal weaknesses
of associated equipment that would allow recovery of plain text or of key,
aid materially in the cryptanalysis of a general or specific cryptosystem,
or lead to the cryptanalysis of an individual message, command, or
authentication.)
4. Cryptologic Information. Information pertaining to the production
of signals intelligence and maintenance of communications security.
5. Foreign Intelligence. Information relating to the capabilities,
intentions, and activities of foreign powers, organizations, or persons.
6. Foreign Nationals. All persons not citizens of, not nationals of,
nor immigrant aliens to, the United States.
7. Polygraph Examination. Includes questioning and other processing
of an examinee before the actual use of the polygraph instrument; the use
of a polygraph instrument with respect to such examinee; and any
questioning or other processing involving the examinee after the use of
the polygraph. Specifically, examinations consist of three phases:
a. Pretest. The pretest phase includes:
(1) The examiner being introduced and obtaining assurance that the
person to be examined has consented to take the examination.
(2) The examinee being informed of the nature and characteristics of
the polygraph instrument and examination.
(3) The examinee being informed of his or her privilege against
self-incrimination in accordance with the Fifth Amendment to the
Constitution, or if the person to be examined is a member of the U.S.
Armed Forces, in accordance with Article 31.b. of the Uniform Code of
Military justice (reference (a));
(4) The examinee being informed of his or her right to obtain and
consult with legal counsel.
(5) The examiner reviewing with the examinee all questions to be
asked during the test.
b. In-test. The actual administering of the examinee if the charts
are analyzed as deceptive or inconclusive.
c. Post-test. Interrogation of the examinee if the charts are
analyzed as deceptive or inconclusive.
8. Polygraph Examination Results. A synopsis of the polygraph
examination that normally includes a brief identification and background
information, the relevant questions asked, the subject's answers, the
examiner's opinions concerning the indication of truthfulness or
deception, and any admissions made by the examinee during the examination.
9. Polygraph Examination Technical Report. The complete detailed
technical report prepared by the polygraph examiner including pretest
preparations, the examiner's notes, examination charts, and other
technical details of the polygraph examination.
10. Polygraph Instrument. A diagnostic instrument capable of
measuring and recording, as a minimum, respiration, electrodermal, blood
volume, and heart rate responses to verbal and or visual stimuli.
11. Relevant Question. A polygraph question pertaining directly to
the matter under investigation for which the examinee is being tested.
12. Technical Question. Refers to any of the following:
a. Control Question. A question used during polygraph examinations
which, although not relevant to the matter under investigation, is
designed to be used as a baseline against which reponses relevant to the
investigation may be evaluated.
b. Irrelevant or Neutral Question. A polygraph question about which
the examinee normally would tell the truth. It does not pertain to the
matter under investigation and should have no apparent emotional impact to
the examinee.
c. Symptomatic Question. A polygraph question designed to indicate
the possible influence of an outside issue that could be of concern to the
examinee.
13. Unfavorable Administrative Action. As defined in paragraph
1-323, DoD 5200.2-R (reference (d)).
14. Unfavorable Personnel Security Determination. As defined in
paragraph 1-324, DoD 5200.2-R (reference (d)).
CHAPTER 1
AUTHORIZED USES OF POLYGRAPH EXAMINATIONS
A. POLICY
1. The polygraph shall be employed within the Department of Defense
only when the person to be examined has consented to the examination.
Except as provided in this Regulation, this consent must be in writing.
2. The person being considered for polygraph examination shall be
given timely notification of the date, time, and place of the examination
as well as their right to obtain and consult with legal counsel. Legal
counsel may be available for consultation during the polygraph
examination.
3. Polygraph examinations shall be considered as supplementary to,
not as a substitute for, other forms of investigation that may be required
under the circumstances. Moreover, no unfavorable administrative actin
will be taken solely on the basis of a polygraph examination chart that
indicates deception, except as provided in subsection A.6., below.
4. Applicants for employment, assignment, or detail to positions
requiring access to specifically designated information in special access
programs; assignment or detail to the Central Intelligence Agency;
employment, assignment, or detail to critical intelligence positions in
the Defense Intelligence Agency (DIA); or employment, assignment, or
detail to the National Security Agency (NSA); who refuse to take a
polygraph examination shall not be selected or assigned.
5. Persons who refuse to take a polygraph examination in connection
with determining their continued eligibility for access to specifically
designated information in special access programs, in accordance with
paragraph B.2.a., below; or continued employment, assignment or detail to
a critical intelligence position in DIA, in accordance with paragraph
C.3., below; to include incumbents of positions subsequently determined to
require polygraph examination as a condition of access, employment,
assignment, or detail; may be denied access, employment, assignment, or
detail, provided that, with the exception of NSA, the DoD Component
concerned shall ensure that such individual is retained in a position of
equal grade and pay that does not require polygraph examination, or shall
arrange like employment for the individual at another DoD Component.
6. When deception is indicated by the examiner's interpretation of
polygraph charts in polygraph examinations conducted under the provisions
of paragraph B.2.a. and subsection C.3., below, an indepth interview of
the subject will be undertaken by the examiner immediately following the
running of the chart, to resolve any indication of deception. If the
indication of deception cannot be resolved through such means, the subject
will be so advised and the results of the examination forwarded to the
requesting agency. If, after reviewing the polygraph examination results,
the requesting agency determines that they raise significant question
relevant to the subject's clearance or access status, the subject shall be
given an opportunity to undergo additional examination by the examining
agency, using the same or a different examiner. If such additional
examination is not sufficient to resolve the matter, a comprehensive
investigation of the subject shall be undertaken, utilizing the results of
the polygraph examination as an investigative lead. If such investigation
develops no derogatory information upon which an unfavorable
administrative action to the subject may be independently based, no such
action shall be permitted, unless approved by an authority designated in
subsection B.2. of Chapter 4 of this Regulation, in specific cases, based
upon his or her written finding that the information in question is of
such extreme sensitivity that access under the circumstances poses an
unacceptable risk to the national security. In such cases:
a. The determining authority shall notify the subject, in writing,
that, although the investigation which followed the indication of
deception during the polygraph examination did not in and of itself
provide an independent basis for denial of access, a determination to deny
such access to the subject had been made, based upon the finding of the
determining authority that access under the circumstances poses an
unacceptable risk to the national security. The subject shall also be
advised, in the case of a determination made by a Component authority,
that the determination may be appealed to the Secretary of Defense.
Determinations by the Secretary of Defense are conclusive.
b. Appeals must be filed by appellants within 60 days of notification
by the determining authority. The appeal may contain any information
which the appellant wishes the Secretary of Defense to consider in
reaching a final determination.
c. Copies of the determination as well as the determining authority's
notification to the subject may be retained only in the immediate office
of the determining authority and in the security office of the DoD
Component responsible for controlling access to the information in
question. This provision does not preclude use of such records in the
event of litigation.
d. No notification other than provided for in a. above, shall be
made.
7. Unfavorable administrative action shall not be taken against a
person for refusal to take a polygraph examination in criminal or
unauthorized disclosure cases.
8. Polygraph examinations administered by DoD polygraph examiners
shall be conducted only as prescribed by this Regulation and shall be
authorized for use only in connection with the investigative cases
specified in this chapter.
B. INVESTIGATIVE CASES FOR WHICH THE POLYGRAPH MAY BE USED
1. Criminal Investigations. A polygraph examination may be
authorized in a criminal investigation when the following apply:
a. The crime involves an offense punishable under Federal law,
including the Uniform Code of Military Justice (reference (a)), by death
or confinement for a term of 1 year or more.
b. Investigation by other means has been as thorough as circumstances
permit.
c. The development of information by means of a polygraph examination
is essential to the conduct of the investigation.
d. The person being considered for examination has been interviewed
and there is reasonable cause to believe that the person has knowledge of
or was involved in the matter under investigation.
2. Personnel Security Investigations. A polygraph examination may be
authorized in connection with personnel security investigations as
follows:
a. Access to Specifically Designated Information in Special Access
Programs. A polygraph examination may be authorized to assist in
determining the initial eligibility, and aperiodically thereafter, on a
random basis, to assist in determining the continued eligibility, of DoD
civilian, military, and contractor personnel for access to specifically
designated classified information protected within special access program,
established under E.O. 12356 (reference b)) and DoD 5200.1-R (reference
(c)). Any use of the polygraph for such purpose shall have the prior
approval of the Deputy Under Secretary of Defense for Policy (DUSD(P)),
and be based upon the request of the head of the DoD Component concerned,
who shall certify in writing that unauthorized disclosure of the
information in question could reasonably be expected to : (1) jeopardize
human life or safety; (2) result in the loss of unique or uniquely
productive intelligence sources or methods vital to U.S. security; or (3)
would compromise technologies, plans or procedures vital to the strategic
advantage of the United States. The Scope of any polygraph examination
administered for such purpose shall be limited to the counterintelligence
topics prescribed in Appendix B of this Regulation.
b. Resolution of Certain Personnel Security Investigations
(1) The use of the polygraph may be authorized to assist in
determining the initial eligibility of foreign nationals who require
access to classified information.
(2) The polygraph may be authorized for use on an aperiodic basis for
foreign nationals, to ensure that continued access to classified
information is clearly consistent with the interests of nation security.
(3) The use of the polygraph may be authorized for DoD civilian,
military, contractor, and other personnel, to resolve credible derogatory
information developed in connection with a personnel security
investigation, when such information causes substantial doubt whether
access or continuation of access to classified information is clearly
consistent with the interests of national security, and the adverse
information cannot be resolved in any other manner.
c. Access to Sensitive Compartmented Information (SCI)
(1) Exceptional Cases. The polygraph may be authorized for use in a
limited number of cases when operational exigencies require the immediate
utilization of a person's services before the completion of a background
investigation in determining the interim eligibility of DoD civilian,
military, and contractor personnel for access to SCI provided that, at a
minimum the following apply:
(a) A determination has been made that it is necessary and advisable
in the national interest to authorize access.
(b) The person being considered for access has been interviewed in
accordance with paragraph 2-306.c. of DoD 5200.2-R (reference (d));
(c) A Special Background Investigation (SBI) has been initiated.
(d) The questions asked during the examination are limited to the
counterintelligence topics set forth in Appendix B of this Regulation.
(2) Authority. Authority to approve the use of the polygraph under
subparagraph B.2.c.(1) above is limited to the DUSD(P) and the Senior
Officials of the Intelligence Community (SOICs) within the Department of
Defense.
3. Counterintelligence Investigations
a. Unauthorized Disclosures. DoD civilian, military, and contractor
personnel may be requested to submit to a polygraph examination in
connection with the investigation of an unauthorized disclosure of
classified information, provided that there is reasonable cause to believe
that the person has knowledge of or was involved in the unauthorized
disclosure. No unfavorable administrative actions may be taken when
persons refuse to cooperate with polygraph examinations administered under
this provision.
b. Other Counterintelligence Investigations. A polygraph examination
may be authorized for use in a counterintelligence investigation involving
alleged acts of espionage, sabotage, or terrorism provided that the
following apply:
(1) Investigation by other means has been as thorough as
circumstances permit.
(2) The development of information by means of a polygraph
examination is essential to the conduct of the investigation.
(3) The individual being considered for examination has been
interviewed and there is reasonable cause to believe that the person has
knowledge of or was involved in the matter under investigation.
4. Foreign Intelligence and Counterintelligence Operations.
Polygraph examination may be authorized to determine the suitability,
reliability, or credibility of personnel who are used as, proposed for use
as, or who purport to be, agents, sources, or operatives in foreign
intelligence or counterintelligence activities. Such examinations shall
be conducted in accordance with regulations issued by the heads of the DoD
Components with prior approval of the DUSD(P), or his designee, the
Director, Counterintelligence and Investigative Programs, Office of the
DUSD(P) (CI&IP, ODUSD(P). It is not required that consent be obtained in
writing from persons who are to be examined under the provisions of this
subsection.
5. Exculpation. The use of the polygraph may be authorized for the
purpose of exculpation, provided that the request for such examination was
initiated by the subject of a criminal, personnel security, or
counterintelligence investigation, and administering of the examination is
considered to be essential to a just and equitable resolution of the
matter under investigation.
6. Use of the Polygraph Outside the Department of Defense. The
providing of polygraph service of support to entities other than DoD
Components must receive the prior approval of the DUSD(P), or his
designee, the Director, CI&IP, ODUSD(P). Prior approval is not required,
however, when DoD personnel are examined in connection with a criminal
investigation conducted by a non-DoD law enforcement entity or when
non-DoD personnel are subject to the Uniform Code of Military Justice
(reference (a)).
C. INVESTIGATIVE CASES FOR WHICH THE POLYGRAPH SHALL BE USED
1. Employment, Assignment, or Detail to NSA. Polygraph examination
shall be required for DoD civilian, military, contractor, and General
Service Administration (GSA) personnel to assist in determining their
eligibility for initial or continued employment, assignment, or detail for
duty with NSA in activities that require access to sensitive cryptologic
information, or to spaces where sensitive cryptologic information is
produced, processed, or stored. In the case of military personnel being
assigned or detailed for duty with NSA, the scope of such examinations
shall be limited to the counterintelligence topics prescribed in Appendix
B of this Regulation.
2. Assignment or Detail for Duty with the Central Intelligence Agency
(CIA). Polygraph examinations shall be required for DoD civilian and
military personnel, to assist in determining their eligibility for
assignment or detail to CIA in positions where CIA requires a polygraph
examination.
3. Employment or Assignment to Critical Intelligence Positions.
Polygraph examinations limited to the counterintelligence areas set forth
in Appendix B of this Regulation shall be required to assist in
determining the eligibility of DoD civilian, military, and contractor
personnel for initial or continued employment or assignment to the DIA in
positions that have been designated in writing by the Director, DIA, as
critical intelligence positions.
D. LIMITATIONS
1. Any final administrative determination rendered in cases in which
polygraph examination is taken shall not be based solely on the results of
an analysis of the polygraph charts. however, the results of an analysis
of the polygraph charts may be considered to have probative value in
administrative determination. Responses to technical questions have no
probative value with respect to the issue under investigation.
2. The results of a polygraph examination and record of results shall
be considered privileged information and shall be disseminated only in
accordance with subsection B.2. of Chapter 2 of this Regulation.
3. Except as provided in subsections A.5., B.2.b.(1) and (2), B.2.c.,
B.4., and C.1., 2., and 3. of this Chapter, no unfavorable administrative
actions may be taken when persons refuse to undergo polygraph examination
in connection with the provisions of this Regulation. Refusal to undergo
polygraph examination under these provisions shall in no manner effect the
person's eligibility for positions that have not been determined to
require polygraph examination as a condition of employment, assignment,
detail or access.
4. Information concerning a person's refusal to undergo polygraph
examination shall, in all cases, be given the full privacy protection
provided by DoD Directive 5400.11 (reference (e)). Specifically,
information concerning a person's refusal shall not be:
a. Recorded in the person's personnel file, investigative file, or
any other file. As an exception, in criminal cases, a refusal may be
recorded in the polygraph examination technical report maintained in the
headquarters of the Component investigative agency having jurisdiction for
the purposes of administration, control and conduct of criminal
investigations.
b. Communicated to a person's supervisor, and in the case of a
contractor employee, a person's employer, unless such action is necessary
in support of action to be taken under the provisions of subsection A.5.
of this Chapter. In criminal cases, the fact of refusal to undergo
polygraph examination shall not be communicated to persons other than
those directly involved in the administration, control or conduct of
criminal investigations.
c. Permitted to effect the person's official evaluation report or
eligibility for promotion or awards.
5. As an exception to 4. above, DoD Components authorized to conduct
polygraph examinations shall provide information concerning refusal to
undergo Polygraph examination offered in connection with the DoD Polygraph
Test Program to the Director, Counterintelligence and Investigative
Programs, ODUSD(P), for inclusion in the report of results of the test
program that is to be made to Congress. The Component Test Program
Project Director shall retain a copy of data submitted in connection with
the test program and shall destroy such information upon notification from
the ODUSD(P) Test Program Project Director.
CHAPTER 2
CONDUCT OF POLYGRAPH EXAMINATIONS
A. PROCEDURES
1. General. Polygraph examinations may be conducted only by
polygraph examiners certified in accordance with and under circumstances
and procedures detailed in this Regulation or by intern examiners under
the close supervision of a DoD-certified examiner.
2. Pretest. Before administering a polygraph examination, the
polygraph examiner shall:
a. Obtain assurance from the person to be examined of his or her
voluntary consent to the examination. In criminal, employment screening,
personnel security, and counterintelligence investigations, the consent
must be in writing and shall be included and maintained in the polygraph
examination technical report.
b. Ensure that the person to be examined has not been subjected to
prolonged interrogation immediately before the polygraph examination.
c. Interview the person to be examined. During this interview, as a
minimum, the examinee shall be informed of the following:
(1) The characteristics and nature of the polygraph instrument and
examination, including an explanation of the physical operation of the
instrument, the procedures to be followed during the examination, and all
questions to be asked during the examination.
(2) If the polygraph examination area contains a two-way mirror,
camera, or other device through which the examinee can be observed and if
other devices, such as those used in conversation monitoring or recording,
will be used simultaneously with the polygraph.
(3) That he or she is privileged against self-incrimination under the
Fifth Amendment to the Constitution or, if the person to be examined is a
member of the U.S. Armed Forces, under Article 31.b., Uniform Code of
Military Justice (reference (a)) and the Manual for Courts-Martial,
(reference (f)). The requirement to advise of privilege against
self-incrimination does not apply to examinations conducted under the
provisions of subparagraphs B.2.b(1) and (2) and section B.4. of Chapter 1
of this Regulation.
(4) That he or she has the right to obtain and consult with legal
counsel and that legal counsel may be available for consultation during
the polygraph examination. The examinee also shall be advised that he or
she may terminate the examination at his or her own volition, or upon
advice of counsel, during any phase of the examination.
3. Questions asked during Polygraph Examination
a. All questions asked concerning the matter at issue, except for
technical questions necessary to the polygraph technique during a
polygraph examination, must be of special relevance to the subject matter
of the particular investigation. Questions probing a person's thoughts or
beliefs that are not related directly to the investigation are prohibited.
Subject matters that should not be probed include religious and racial
beliefs and affiliations, political beliefs and affiliations of a lawful
nature, and opinions regarding the constitutionality of legislative
policies.
b. When use of the polygraph is authorized pursuant to subparagraphs
B.2.a. and c., and subsection B.3. and C.3., of Chapter 1 of this
Regulation, technical questions utilized in such examinations shall be
constructed to avoid embarrassing, degrading or unnecessarily intrusive
questions. Additionally, except for polygraph examinations conducted
under the provisions of subsection C.1. of Chapter 1 of this Regulation,
all technical questions to be used during such examinations must be
reviewed with the examinee before being posed to him or her for response.
c. No relevant question may be asked during the polygraph examination
that has not been reviewed with the examinee before the examination.
d. Standard question topics to be asked in connection with the use of
the polygraph for employment screening or assignment purposes, or any
modification or change to these question topics, must be approved by the
DUSD(P), or his designee, the Director, CI&IP, ODUSD(P), before
implementation. The requirement for prior approval does not apply when it
is necessary to modify the phrasing of an approved question topic to
clarify a response given by the examinee, provided that the substance of
the question topic remains unchanged.
4. Examinee Fitness. In all cases, the examiner shall have the
authority to decline to conduct an examination or to discontinue testing
when he or she doubts that the examinee is physically or mentally fit to
be tested. In these instances, the examination shall be discontinued or
postponed until appropriate medical, psychological, or technical
authorities have declared the individual fit for testing.
B. RECORDS ADMINISTRATION
1. Storage and Retention
a. Polygraph examination technical reports may be filed with other
materials relating to the investigation in which the examination was
authorized and shall be:
(1) Retained by the examining agency in accordance with records
retention procedures established by the Archivist of the United States.
(2) Removed before granting persons outside the examining agency
access to the related materials.
b. Polygraph examination results may be filed with other materials
relating to the investigation in which the examination was authorized.
Additionally the following apply:
(1) Nonrecord copies of polygraph examination results shall be
destroyed within 3 months from the date of completion of the investigation
in which the polygraph examination was authorized.
(2) Record copies shall be retained in accordance with records
retention procedures established by the Archivist of the United States.
2. Dissemination
a. Except as required by law, polygraph examination technical reports
shall not be disseminated outside the Department of Defense. Normally,
these reports are exempted from release under the provisions of Exemption
7 of the Freedom of Information Act (see DoD 5400.7-R, reference (g).
b. Results of polygraph examinations may be made available to the
following:
(1) Within the Department of Defense, officials responsible for
personnel security, intelligence, counterintelligence, law enforcement,
and the administration of criminal justice. (When a polygraph examination
is conducted in connection with a personnel security investigation, a copy
of the polygraph examination results shall be provided to the Defense
Investigative Service for inclusion in the person's personnel security
investigative file. This copy and the copy maintained by the examining
agency are the only authorized record copies).
(2) Appropriate law enforcement officials outside the Department of
Defense when the examination has been conducted in connection with the
investigation of a criminal offense, or reveals criminal activity on the
part of the individual examined.
(3) The DoD Component authorizing disclosure must comply with DoD
Directive 5400.11 (reference (e)).
(4) The examinee or his or her legal counsel, upon request, subject
to the provisions for safeguarding of classified defense information (DoD
5200.1-R, reference (c)).
(5) DoD Component members of the National Foreign Intelligence Board
(NFIB) and other NFIB member agencies, provided there is an official need
for the material and the third agency limitation will be applied.
(6) The National Archives and Records Service, GSA upon retirement of
the file.
C. POLYGRAPH INSTRUMENT PROCUREMENT, MAINTENANCE, AND STORAGE
1. Issue. Polygraph instruments are items of issue within the
Department of Defense. Spare parts and expendable supplies are to be
requisitioned through authorized procurement channels.
2. Authorized Items. The use of equipment known as lie detecting or
polygraph recording instruments for operational purposes by DoD Components
is restricted to items procured in accordance with subsection C.1., above.
All DoD polygraph instruments will measure and record, at a minimum,
respiration, electrodermal response, blood volume, and heart rate. Except
as provided in this Regulation, the use of other equipment is prohibited.
3. Maintenance. DoD Component investigative agencies shall establish
procedures that include schedules for and techniques to be used in
calibration and maintenance, to ensure proper and accurate operation of
polygraph instruments.
4. Storage. Polygraph instruments shall be stored insecure locations
to prevent damage or misuse by unauthorized persons. A notation shall be
made in examination records of the serial number of the instrument used.
D. POLYGRAPH STUDIES AND RESEARCH
1. The heads of DoD components may, by issuance of regulations,
authorize the acquisition and use of experimental equipment to conduct
research to determine the operational characteristics and reliability of
the equipment.
2. The heads of DoD security and investigation activities may request
the procurement of newly developed polygraph instruments provided that the
following apply:
a. The DUSD(P) is notified in advance of the procurement.
b. The equipment has been tested under subsection D.1., above, and
the following apply.
(1) Equipment is electromechanically suitable.
(2) Equipment produces reliable operational results.
(3) Instructional material relating to the equipment will be made
available for inclusion in DoD service school curricula with the least
possible expense and delay.
3. The DUSD(P), or his designee, the Director, CI&IP, ODUSD(P), may
authorize the conduct of studies or research involving the use of the
polygraph. DoD Components desiring to conduct a polygraph-related study
or research shall submit a request to the DUSD(P) that shall include:
a. Identity and qualifications of the agency or contractor who will
conduct the study or research.
b. Estimated cost of the study or research.
c. Purpose of the study or research.
d. The dates the study or research is to begin and end.
4. DoD Components shall advise the DUSD(P) of the results and
recommendations of all studies undertaken with regard to the use of the
polygraph.
5. Routine statistics or analysis of the contents of the polygraph
materials or reports do not constitute research for the purpose of this
Regulation.
CHAPTER 3
SELECTION, TRAINING, AND SUPERVISION OF DoD POLYGRAPH EXAMINERS
A. SELECTION
1. General. Candidates selected for the position of polygraph
examiner shall meet the following minimum requirements:
a. Be a U.S. citizen.
b. Be twenty-five years of age;
c. Have graduated from an accredited 4-year college ( or equivalent)
plus 2 years as an investigator with a recognized U.S. Government or other
law enforcement agency;
d. Be of high moral character and sound emotional temperament, based
on a background investigation.
e. Have completed a DoD-approved course of instruction;
f. Be judged suitable for the position after taking a polygraph
examination to ensure that he or she fully realizes the impact of such an
examination on persons. This examination shall be given before the
beginning of the course of instruction.
2. Incumbents. Persons who do not meet the educational requirements
set forth in paragraph A.1.c., above, who previously were certified as
polygraph examiners by the heads of DoD Component investigative agencies
may continue in this capacity.
B. TRAINING
1. General
a. Under the policy guidance of the DUSD(P), the Secretary of the
Army shall establish and manage training programs for DoD polygraph
examiners, and shall ensure that such training programs are conducted by
qualified professional, medical, or legal personnel.
b. The Director, NSC/Chief, CSS may approve alternative courses for
training of NSA/CSS polygraph examiners and shall provide timely advice of
such approvals to the DUSD(P).
c. Use of any other training programs shall be approved by the
DUSD(P).
d. DoD polygraph training programs shall be designed to ensure that
no person be certified as a qualified polygraph examiner without
successfully completing an approved course of instruction and
demonstrating the appropriate application of the following:
(1) Investigative techniques, including methods of interrogation.
(2) The basic elements of normal, abnormal, and criminal psychology.
(3) Constitutional and other legal considerations.
(4) The basic elements of physiology.
(5) The functioning of the polygraph, including its capabilities and
limitations.
(6) DoD policies and procedures concerning the use of the polygraph.
(7) Polygraph techniques.
(8) Question formulation and chart interpretation.
2. Probationary Period.
Before being certified as a qualified DoD polygraph examiner by the
head of the DoD Component concerned, each candidate shall serve a
probationary period under a certified examiner. This probationary period
shall be no more than 1 year nor less than 6 months following completion
of the basic polygraph examiner training course. During this time, the
candidate shall be required to demonstrate proficiency in the use of the
polygraph by conducting at least 25 polygraphic examinations under the
supervision of a certified polygraph examiner. Heads of DoD Components
shall ensure that polygraph examiners obtain refresher training at least
every 2 years.
C. SUPERVISION OF POLYGRAPH EXAMINERS
Heads of DoD Components that have a polygraph capability shall
establish procedures for the close supervision of polygraph examiners, and
provide for professional and technical review of individual examiner
techniques, to ensure maintenance of proficiency standards. These
procedures shall include the following:
1. Certified examiners shall exercise their technical skills
regularly and conduct a minimum of 18 polygraph examinations semiannually.
Civilian and military polygraph specialists who direct and instruct
examiners and are responsible for the proficiency of examiners may be
exempted from this requirement by the head of the DoD Component or his
designee.
2. Examiners who fail to satisfy current proficiency standards shall
have their certificates immediately suspended or revoked.
3. Certifications suspended for failure to meet minimum requirements
may be reissued after suitable refresher training or after the examiner
has demonstrated satisfactorily an acceptable standard of proficiency, as
determined by the head of the DoD Component concerned or his designee.
4. A certified polygraph supervisory official shall review the record
of polygraph examination in conjunction with other pertinent investigative
information to determine whether it is appropriate to request the examinee
to undergo a second polygraph examination. Such a request may be made
when considered appropriate, regardless of whether the person examined has
made significant admissions in connection with the investigation and
regardless of whether the results of the polygraph examination technical
report.
5. Determinations with respect to further investigation of cases
wherein a polygraph examination has been undertaken shall not be made
solely by the polygraph examiner.
6. When the results of an initial polygraph examination have been
interpreted as "inconclusive," immediate subsequent examination may be
made by the original examiner (normally within 30 days) without obtaining
additional approval from the official who initially approved the polygraph
examination.
D. LIMITATIONS
1. Persons certified as DoD polygraph examiners shall not perform
polygraph examinations nor participate in polygraph-related activities in
connection with nonduty-hour employment with any private or commercial
polygraph firm or agency without the approval of the head of the DoD
Component concerned. The provisions of this subsection do not apply to
DoD polygraph examiners of the reserve components, except while such
examiners are on temporary or extended active duty.
2. Polygraph examiners shall not participate in any public
demonstrations of the polygraph technique that includes a mock test in
which there is an attempt to interpret the results of the test. This does
not preclude a public demonstration of the mechanical operations of the
instrument or a demonstration to show the physiological changes that take
place during emotional stimulation, provided no attempt is made to
interpret the changes and no unfounded claims of application or
reliability are made. Only polygraph examiners certified under the
provision of this Regulation may be used as instructors, lecturers, or
demonstrators of the polygraph.
3. Under no circumstances shall polygraph examiners allow themselves
to be identified as other than investigative personnel or take any
measures that might create a clinical appearance.
4. the polygraph instrument shall not be utilized as a psychological
prop in conducting interrogations.
5. Persons who are not in sound physical or mental condition will not
be subjected to a polygraph examination. Should the examiner or examinee
have any doubt as to the physical or mental fitness of the examinee, the
matter shall be referred to medical authorities. An examiner shall not
attempt to make a psychological or physical diagnosis of an examinee.
6. Polygraph examinations shall not be conducted if, in the opinion
of the polygraph examiner, any of the following conditions inhibit the
person's ability to respond. The provisions of subsection A.4., of
Chapter 2 of this Regulation, shall be followed if any of the following
are apparent:
a. The examinee is mentally or physically fatigued.
b. The examinee is unduly emotionally upset, intoxicated, or rendered
unfit to undergo an examination because of excessive use of sedatives,
stimulants, or tranquilizers.
c. The examinee is known to be addicted to narcotics.
d. The examinee is known to have a mental disorder.
e. The examinee is experiencing physical discomfort of significant
magnitude or appears to possess physical disabilities or defects that in
themselves, might cause an abnormal response.
CHAPTER 4
PROGRAM MANAGEMENT
A. IMPLEMENTATION
To ensure uniform implementation of the DoD Polygraph Program
throughout the Department of Defense, program responsibility shall be
centralized to the extent possible.
B. RESPONSIBILITIES
1. The DUSD(P) shall provide guidance, oversight, and approval for
policy and procedures governing polygraph program matters within the
Department of Defense. The DUSD(P) shall coordinate with the IG, DoD, on
all matters concerning use of the polygraph in connection with the
investigation of criminal offenses.
2. Exceptions under the provisions of subsection A.6., of Chapter 1
of this Regulation shall be personally approved by one of the Secretaries
of the Military Departments or the Director, NSA, for their respective
Components, or the Secretary or Deputy Secretary of Defense for other DoD
Components.
3. Except as provided in subsection B.2., above, the DUSD(P), or his
designee, the Director, CI&IP, ODUSD(P), are the only DoD officials
authorized to approve waivers or exceptions to the provisions of this
Regulation.
4. Heads of DoD Components authorized to approve the use of the
polygraph shall ensure that:
a. The DoD Polygraph Program is administered within their area or
responsibility in a manner consistent with this Regulation.
b. A single authority within each DoD component is assigned
responsibility for administering the program.
c. Information and recommendations concerning any aspect of the
program are provided to the DUSD(P) upon request.
C. DoD POLYGRAPH COMMITTEE
There shall be established a DoD Polygraph Committee.
1. There shall be a DoD Polygraph Committee established. This
Committee shall be chaired by the Director, CI&IP, ODUSD(P), and shall be
comprised of policy and polygraph technical representatives of the IG,
DoD; Secretaries of the Military Departments: the Directors of the
NSA/Chief, CSS, DIA, DIS; and the Defense Legal Service Agency.
Representatives of other DoD Components may be invited to meet with
the Committee on matters of particular interest to those Components. The
Committee shall meet at the call of the chair or at the request of a
member agency, and shall serve as a forum for the review and discussion of
problems or issues impacting on the DoD Polygraph Program.
D. INFORMATION REQUIREMENTS
1. The IG, DoD, Secretaries of the Military Departments, the
Directors, of NSA/Chief, CSS, DIA, and DIS, shall submit to the DUSD(P),
semiannually as of December 31 and June 30, a report of polygraph
activities in the format prescribed by Appendix A of this Regulation.
2. This reporting requirement has been assigned Reports Control
Symbol DD-POL(SA)1361. For the purposes of this reporting requirement, a
polygraph examination is considered to have taken place when at least one
of the phases described in the definition section of this Regulation has
been initiated.
E. IMPLEMENTATION REQUIREMENTS
DoD Components shall forward two copies of implementing documents to
the Deputy Under Secretary of Defense for Policy. These implementing
documents shall list by title those officials within each DoD Component
who have been delegated polygraph authority under the provisions of
paragraph E.2.b. of DoD Directive 5210.48.
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APPENDIX B
COUNTERINTELLIGENCE SCOPE
When the scope of a polygraph examination authorized under this Regulation
is limited to counterintelligence areas, questions posed in the course of
such examinations shall be limited to those necessary to determine:
WHETHER THE EXAMINEE HAS:
1. Ever engaged in espionage or sabotage against the United States.
2. Knowledge of anyone who is engaged in espionage or sabotage
against the United States.
3. Ever been approached to give or sell any classified materials to
unauthorized persons.
4. Ever given or sold any classified materials to unauthorized
persons.
5. Knowledge of anyone who has given or sold classified materials to
unauthorized persons.
6. Any unauthorized contact with representatives of a foreign
government.
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