Page:United States Statutes at Large Volume 117.djvu/1626

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1607

(B) the operation of unmanned aerial vehicles over populated areas of the United States. (6) A discussion of— (A) the effects on privacy and civil liberties that could result from the monitoring uses of unmanned aerial vehicles operated over the territory of the United States; and (B) any restrictions on the domestic use of unmanned aerial vehicles that should be imposed, or any other actions that should be taken, to prevent any adverse effect of such a use of unmanned aerial vehicles on privacy or civil liberties. (7) A discussion of what, if any, legislation and organizational changes may be necessary to accommodate the use of unmanned aerial vehicles of the Department of Defense in support of the performance of homeland security missions, including any amendment of section 1385 of title 18, United States Code (popularly referred to as the ‘‘Posse Comitatus Act’’). (8) An evaluation of the capabilities of manufacturers of unmanned aerial vehicles to produce such vehicles at higher rates if necessary to meet any increased requirements for homeland security and homeland defense missions. (c) REFERRAL TO COMMITTEES.—The report under subsection (a) shall— (1) upon receipt in the Senate, be referred to the Committee on Armed Services of the Senate and other committees, as appropriate; and (2) upon receipt in the House of Representatives, be referred to the Committee on Armed Services of the House of Representatives and other committees, as appropriate. Subtitle E—Codifications, Definitions, and Technical Amendments 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.

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