Page:United States Statutes at Large Volume 99 Part 1.djvu/749

 PUBLIC LAW 99-145—NOV. 8, 1985 personnel of defense contractors whose duties involve access to classified information at the level of top secret or classified information within special access programs established under section 4.2(a) of Executive Order 12356. (b) LIMITATION DURING FISCAL YEARS 1986 AND 1987.—The total number of persons required to take a counterintelligence polygraph examination under this section— (1) may not exceed 3,500 during fiscal year 1986; and (2) may not exceed 7,000 during fiscal year 1987. (c) REPORTS.—(1) Not later than December 31, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on his plans to expand the use of polygraph examinations in the Department of Defense. Such report shall include a discussion of the Secretary's plans for recruiting and training additional polygraph operators. (2) Not later than December 31, 1986, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of polygraph examinations administered by or for the Department of Defense during fiscal year 1986. The report shall include— (A) the number of polygraph examinations conducted during such fiscal year; (B) a description of the purposes and results of such examinations; (C) a description of the criteria used for selecting programs and individuals for examinations; (D) the number of persons who refused to submit to an examination; (E) a description of the actions taken, including denial of clearance or any adverse action, when an individual either failed or refused to take the examination; (F) an explanation of the uses made of the results of the examinations; and (G) a detailed accounting of those cases in which more than two examinations were needed to attempt to resolve discrepancies. (d) POLYGRAPH RESEARCH PROGRAM.—(1) The Secretary of Defense shall carry out a continuing research program to support the polygraph activities of the Department of Defense. The program shall include— (A) an on-going evaluation of the validity of polygraph techniques used by the Department; (B) research on polygraph countermeasures and anti-countermeasures; and (C) developmental research on polygraph techniques, instrumentation, and analytic methods. (2) Not later than December 31 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the results during the preceding fiscal year of the research program referred to in paragraph (1). (3) There is authorized to be appropriated to the Department of Defense for fiscal year 1986 the sum of $590,000 to carry out the research program referred to in paragraph (1). (e) NON-APPLICATION OF SECTION.—This section does not apply—

99 STAT. 727

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