USE OF POLYGRAPHS BY THE FEDERAL GOVERNMENT

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CIA-RDP66B00403R000100380004-4
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December 19, 2016
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August 10, 2006
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4
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March 1, 1964
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STUDY
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Approved For Release 2006/08/10: CIA-RDP66B00403R001 0380004-4 3O-OZ3 88TH CONGRESS i 2d Session J [COMMITTEE PRINTI USE OF POLYGRAPHS BY THE FEDERAL GOVERNMENT (Preliminary Study) U.S. GOVERNMENT PRINTING OFFICE 30-023 WASHINGTON : 1964 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 COMMITTEE ON GOVERNMENT OPERATIONS WILLIAM L. DAWSON, Illinois, Chairman CHET HOLIFIELD, California JACK BROOKS, Texas L. H. FOUNTAIN, North Carolina PORTER HARDY, JR., Virginia JOHN A. BLATNIK, Minnesota ROBERT E. JONES, Alabama EDWARD A. GARMATE, Maryland JOHN E. MOSS, California DANTE B. FASCELL, Florida HENRY S. REUSS, Wisconsin JOHN S. MONAGAN, Connecticut RICHARD E. LANKFORD, Maryland TORBERT H. MACDONALD, Massachusetts J. EDWARD ROUSH, Indiana WILLIAM S. MOORHEAD, Pennsylvania CORNELIUS E. GALLAGHER, New Jersey WILLIAM J: RANDALL, Missouri BENJAMIN S. ROSENTHAL, New York R. WALTER RIEIILMAN, Now York GEORGE MEADER, Michigan CLARENCE J. BROWN, Ohio FLORENCE P. DWYER, New Jersey ROBERT P. GRIFFIN, Michigan GEORGE M. WALLHAUSER, Now Jersey JOHN B. ANDERSON, Illinois OGDEN R. REID, New York FRANK J. HORTON, New York BILL STINSON, Washington ROBERT McCLORY, Illinois ALBERT W. JOHNSON, Pennsylvania CHRISTINE RAY DAVIS, Staff Director JAMES A. LANIGAN, General Counsel MILES Q. ROMNEY, Associate General Counsel RAYMOND T. COLLINS, Minority Professional Staff J. P. CARLSON, Minority Counsel FOREIGN OPERATIONS AND GOVERNMENT INFORMATION SUBCOMMITTEIG JOHN E. MOSS, California, Chairman PORTER HARDY, JR., Virginia GEORGE MEADER, Michigan HENRY S. REUSS, Wisconsin ROBERT P. GRIFFIN, Michigan JOHN S. MONAGAN, Connecticut OGDEN It. REID, New York DANTE B. FASCELL, Florida SAMUEL J. ARCHIBALD, Staff Administrator DENNY L. KASS, Counsel JACK MATTESON. Chief Iuvestigator WILLIAM E. BARNABY, Investigator HELEN K. BEASLEY, Clerk Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 OON'T'EN T S` I_.Prefac------------------------------------------------------- IL. Summary of Federal polygraph use______________________________ A. Purposes for using polygraphs___________________________ 1. Security --______________ ------ ------------------ - 2. Criminal--------------------------------------- 3. Misconduct.------------------------------------- 4. Personnel screening______________________________ 5. Medical measurements _____________.._____-__----_ B. Extent of polygraph Ilse _________--___________________ C. Polygraph tests conducted during fiscal 1963 -------------- D. Polygraph tests requested during fiscal 1963--------- Polygraphs owned by the Federal Government------------ E.. F. Authorized polygraph operators within the Government---- G. Other annual costs ------------------------------------- H.. Safeguards for individuals_______________________________ 1.. Effect of refusals_________ ------------------------------- 2. Weight accorded polygraph test results_____________ 3.. Review of polygraph use------------------------- 4. Availability of results to individuals tested---------- 5. Appeals of polygraph test results------------------- 6. Consideration of physical and mental conditions----- 1. . Qualifications of Government polygraph operators --------- 1. Minimum age----------------------------------- 2. Additional requirements ._________________________ 3. Grade or rank----------------------------------- 4. Investigative experience-------------------------- 5. Agency check or character investigation------------ 6. Training program-------------------------------- 7. Other requirements------------------------------ III. Table of agency replies----------------------------------------- IV. Agency replies to polygraph questionnaire ------------------------ Agriculture Department ___________________------------------ Arms Control and Disarmament Agency_____________________ Atomic Energy Commission ------------------------------- Central Intelligence Agency-------------------------------- Commerce Department------------------------------------ Defense Department--------------------------------------- Office of the Secretary of Defense_______________________ Air Force-------------------------------------------- Army------------------------------------------------ Navy ------------------------------------------------ Office of Naval Intelligenec_________________________ Marine Corps------------------------------------- Defense Atomic Support Agency------------------------ Defense Supply Agency-------------------------------- National Security Agency-----------------------------"- - District of Colmbia------------------------------------- General Services Administration________ __________________ Health, Education, and Welfare Department_________________ Interior Department--------------------------------------- Justice Department, Federal Bureau of Investigation---------- National Aeronautics and Space Administration--------------- post Office Department------------------------------------ State Department------------ -?---- .-=_----------------------- Treasury Department --------------------------------------- Coast Guard---------- ------------------------------ Internal Revenue Service-------------------------------- Narcotics Bureau -------------------------------------- 'U.S.Information Agency _________________-__-______-__------ `..':, _ . - - - III Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66BOO403R000100380004-4 [Committee Print] USE OF POLYGRAPHS BY THE FEDERAL GOVERNMENT (Preliminary Study) 1. PREFACE The Federal Government's use of the so-called lie-detector device; more properly referred to as the polygraph, has become a topic of in= creasing controversy in recent years. Serious questions have been raised both by public officials and private citizens regarding the re- liability of the device and the propriety of its use. Consultation with the Library of Congress disclosed that no study of the Federal Government's use of polygraphs has ever been made by the Congress, by any agency of the executive branch, or by private researchers. In April 1963, Congressnr.an William L. Dawson, chair- man of the house Governin.ent Operations Committee directed the' Foreign Operations and Government Tnfornration Subcommittee to study the Federal Government's use of polygraphs. After an analysis of the available polygraph literature and interviews with experts, the subcommittee prepared a questionnaire which was sent to 58 Federal agencies. Some advisory boards and semipermanent committees whose limited organization and functions obviously precluded the use of polygraphs were omitted froin the inquiry. The subcornrnittee's questionnaire and letter' transmitting it follow: FOREIGN OPERATIONS AND GOVERNMENT INFORMATION SUBCOMMITTEE, COMMITTEE ON GOVERNMENT OPERATIONS, Washington, D.C., June 11, 1963. DEAR MR. -: The Foreign Operations and Government In- formation Subcommittee, at the direction of House Government Operations Committee Chairman William L. Dawson, is looking into the use of polygraphs by Federal agencies. The survey is being under- taken in keeping with the committee's duty to study the operation of Government activities at all levels with a view to determining econ- omy and efficiency. In this connection, please furnish full and complete answers to each item in the enclosed questionnaire which is being sent to the heads of all executive departments and independent, agencies. Re- sponses are to cover all subordinate organizations within each agency. Within some individual departments and independent agencies more than one major subordinate organization may use polygraphs for different purposes or under different procedures. In that event, please break down the requested data by major subordinate organi- zations in addition to providing an agencywide compilation. If any portion of the questionnaire seems unclear, please contact the subcommittee staff for advice or explanation. In order that the subcommittee can prepare a timely report on the matter, please provide the requested information by July 31, 1963. Sincerely, JOHN E. Moss, Chairman,. 11 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 USE OF POLYGRAPHS BY THE FEDERAL'. GOVERNMENT, QUESTIONNAIRE ON POLYGRAPH USAGE 1. Does your agency possess or make use of polygraphs or other so-called lie detection devices? (If major subordinate organizations within your agency engage in such activity, please list all those organizations.) 2. Briefly explain. your agency's general procedures governing the use of such devices and answer the following specific questions, (Please- explain procedures and indicate if they are covered by regula- tion in connection with each question. If more than one major, subordinate organization within the agency is affected, provide, separate responses for each.) (a) For what specific purposes are these devices used (i.e., employ= ment interviews, security clearance processing, suspected improper, conduct of duties, or other purposes)? (b) Are the devices used in every instance involving those purposes listed in answer to question (a)? (c) What weight is given the data resulting from tests by these, devices, or refusals to take such tests, in relation to other types Of invest' ative information?' (d) Who makes the initial determination to use such devices, and is this initial determination subject to review by higher authority in each case? (e) Is the physical and mental condition of each person to be tested considered to determine suitability to take such a test? (J) What disposition is made of data derived from such tests given to persons connected with your agency (i.e., retained in affected individuals' personnel files, retained separately, etc.)? (g) Are the findings of such tests made available to the individuals who take the tests? (h) Is there a right of appeal in cases of adverse findings? (i) Is access to such data restricted and, if so, what classification or other designation is applied to the data? (j) If a person connected with your agency refuses to take such a test, is that refusal reflected in any way whatsoever in the individual's personnel records? (k) Does your agency maintain special facilities, such as specially designed rooms, for the performance of such tests? Briefly describe such facilities and how they are equipped. Furnish photographs, if available. (1) How many polygraph tests or examinations involving similar devices were conducted by your agency in fiscal 1963? (m) How many such tests were conducted by other agencies, public or private, at the request of your agency during fiscal 1963? 3. Please enumerate, by job title and grade, all employees of your agency who are authorized to conduct polygraph or similar tests and list their salary costs for fiscal 1963. In addition, please answer the following: (a) How many of these persons have, as their primary duty, the conducting of such tests? (b) What are the minimum qualifications required of those persons within your agency authorized to conduct such tests? (c) Describe any training program your agency provides to train its own employees, or employees of other Federal agencies, in con- ducting such tests. Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 (d) Does your agency send employees to outside agencies or schools, public or private, for training in such testing? If so, please provide the name and address of the training facility. 4. How many polygraphs and other so-called lie detection devices are the property of your agency? (a) Please list the total acquisition cost of all such devices. (b) Please estimate the total annual maintenance costs of such devices and indicate whether maintenance is performed by agency personnel or by outside sources. (c) If your agency leases such devices, or contracts with other public or private agencies to perform such tests, please provide the total costs for such activity during fiscal 1963. (d) Please estimate all additional expenses attributable to such testing, such as travel expenses for examiners to and from location of tests, internal and external training. programs, and all other costs. 5. Please provide two copies each of all intra-agency directives, administrative orders, rules, regulations and/or instructions governing the use of such devices within your agency. Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 II. SUMMARY OF FEDERAL POLYGRAPH USE In response to the subcommittee questionnaire, 19 Federal agencies reported that their policies permitted the use of polygraphs in carrying out Government business. The replies of these 19 agencies, broken down by their constituent units which use the device, are shown in tabular form at the end of this section. The following narrative explains the terms used in the table and provides a general analysis of the data. A. PURPOSES FOR USING POLYGRAPHS 1. Security.-Cited by 14 of the 19 agencies, the most frequently reported purpose for the Government's use of polygraphs involves security matters. In this context security ranged from investigation of security leaks to operational uses in intelligence and counterintelli- gence activities. The number of defense organizations included among the 19 users underlines the important role the instrument plays in the many-sided efforts to safeguard the Nation's security. Each of the military services was accounted for, with the Intelligence Corps and the military police both reporting polygraph use within the .^ rmy, and the Marine Corps and naval intelligence answering the roll within the Navy Department. The Office of Special Investigations was the sole reported Air Force user. Civilian components of the Defense Estab- lishment also were well represented. The Central Intelligence Agency reported extensive polygraph use, as did the National Security Agency. Also within the Defense Department, the Defense .^ tomic Support Agency and the Defense Supply Agency acknowledged use of the instrument. Several nondefense agencies also indicated that thAr activities in the security field involved use of polygraphs. 2. Criminal.--Investigation of criminal law infractions was listed by 10 agencies as an area in which polygraphs are employed., Pr'i ate citizens as well as Federal employees came within the scope of such investigations. The Agriculture Department, for instance, has considered the results of polygraph tests conducted outside the Government in investigating cases of alleged fraudulent transactions with the Agric?l- tural Marketing Service. 3. Misconduct,.-Investigation of employee misconduct was a reason given by eight agencies for utilizing polygraphs. Thie category included offenses not considered to be criminal violations. 4. Personnel screening.-The Central Intelligence Agency and the National Security Agency indicated that poly raph testing is included as a routine part of preemployment personnelscreening. The armed services also reported a similar use during fiscal 1963 in connection with the program of enlisting Cuban refugees. This was a unique situation, however, since the military normally does not employ the device"in recruitment or induction processing 5. Medical measurements.-The Health, Education, and Welfare Department reported that three of its bureaus-the National In- Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 statutes of Health, the Public Health Service, and St. Elizabeths Lospital in the T istrict of Columbia--used polygraphs for medical purposes. As a device v hich measures pulse rates, respiration rates, and blood pressure, the polygraph has been used to record the reactions of patients under anesthesia. The device also has found use in cases involving patients with mental or neurological disorders. More frequently, it has been employed on animals undergoing experiment. B. EXTENT OF POLYGRAPH USE Except for the personnel screening category, the user agencies declared that polygraphs were not used in every case. The Atomic Energy Commission, for instance, said that the device was involved in processing only 1 of 29,300 security clearances processed during fiscal 1963. Similarly, the machine was employed in 0.14 percent of the FBI investigative matters handled in fiscal 1962. The frequency of polygraph use in Air Force investigations varied from once in every 43 cases in 1.959 to once every 18 cases in 1962. The Internal Revenue Service, which restricts polygraph tests to employees who request them, reported such tests were used in. fewer than 10 cases in the last 10 years. Other agencies indicated that investigative techniques affected the extent of polygraph use. The Defense Atomic Support Agency said. the device is used normally "to gain information not otherwise attainable by other investigative techniques." The Coast Guard replied that polygraph tests are administered when "there is con- flicting evidence, Iorl the subject requests an examination, or it appears that an examination would materially aid the investigation." The Post Office Department limits the device to "cases of more than average importance where the investigation is at a standstill because the inspector cannot prove a suspect guilty or eliminate him from suspicion even though lie has exhausted all normal investigative techniques." Several agencies referred to the polygraph as an investigative "tool" or "aid" which was used "seldom" or "on rare occasions." In the area of personnel screening, the two agencies concerned- the CIA and the National Security Agency-were not clear as to the exact extent of polygraph utilization. The CIA flatly answered that "all applicants and employees are afforded polygraph examinations as part of security screening procedures" while. also implying a less-than- mandatory practice by saying that a refusal to take a test would be "considered along with other information developed in processing an applicant." The NSA advised that polygraph interviews are a re- quired part of preemployment processing for all civilian applicants. After becoming a NSA employee, however, a person is subjected to such a test only in connection with matters "extensively investigated but difficult to resolve." In the past, polygraph examinations have not been required of military personnel before their acceptance for assignment to NSA. C. POLYGRAPH TESTS CONDUCTED DURING FISCAL 1963 The Federal Government conducted 19,122 polygraph tests during 1963, according to the answers to the subcommittee's questionnaire: Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 And this amount did not include the thousands of tests which the CIA and NSA gave to "all applicants and employees," since the agencies claimed the number of tests must be classified as "security" in formation. The information compiled by the subcommittee showed the Army to be the heaviest Government user of polygraphs. During fiscal; 1963, the Army conducted roughly 12,500 tests or more than half of all those reported by the Government. Screening of Cuban enlistees, a situation presumably unique to the period reported, accounted for 3,494 Army tests with the polygraph. The Federal Bureau of Inves tigation reported 2,314 tests. D. POLYGRAPH TESTS REQUESTED DURING FISCAL 1963 Not all Government units using polygraphs maintain their own, specialized staffs and facilities to carry out the tests. On some occasions, agencies do not have their own equipment or operators, available at the scene of investigations. During f.scal 1963, these conditions led to 322 polygraph tests. being requested by Federal agencies. The Post Office Department accounted for 134 requests while the Secret Service requested 110, tests. Although there was uniform reluctance to specify the agencies to, which the requests were directed, it was generally implied that such matters remained within the Federal Government. The General( Services Administration, however, requested 10 tests during the year and indicated that an unspecic.ed number of these were performed by local law enforcement agencies. A total of 512 polygraphs or other so-called lie-detection devices were reported as owned by the Federal Government at an estimated acquisition cost of $428,066. '['his does not include the CIA and NAA which claimed that the number and acquisition value of the. polygraphs they possess is classified as security information. The Army led the statistics in this department, possessing 261 de- vices which cost an estimated $182,700. The Navy Department was; next with 86 machines, including 9 owned by the Marine Corps,, followed by the Air Force with 72 and the FBI with. 48. The Post Office Department reported they own 17 "lie-detection" devices, 13; of which were acquired more than 10 years ago and employ only a. one-phase; skin resistance detection procedure, The Post Office De- partment stated that they intend to dispose of these one-phase instru- tnents in the current fiscal year. (See illustration, pp. _.) Federal agencies reported 639 employees are authorized to conduct polygraph tests. 't'heir salaries during fiscal 1963 amounted to slightly more than $4.3 million. However, administering polygraph examina- tions is only one of many assigned duties to the great majority of these Federal workers. For example, the FBI reported that the 46 special agents authorized to perform polygraph tests spend an estimated 6 percent of their time on such activity. Accordingly, the FBI con- Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 8 USE OF POLYGRAPHS BY THE FEDERAL GOVERNMENT tended that only 6 percent of the agents' $616,667 annual salaries- or $37,000 per year-can be directly attributed to work involving the polygraph. On this same point, authorized Army military policemen devote less than 5 percent of their time to polygraph activities, averag- ing 1.8 tests per month for each examiner. Post Office Department inspectors reportedly average less than 3 percent of their total effort with the device and the Secret Service attributes less than 1 percent of the total operators' salaries to work involving the machine. The National Security Agency is the sole organization indicating that handling polygraph tests is the primary duty of any of its employees. Numerically, the Army again was highest, reporting 358 polygraph operators on its rolls in fiscal 1963. The Navy Department followed with 106 examiners--86 assigned to naval intelligence and 20 to the Marines. Next on the list was the Air Force with 73 authorized operators. Once more these figures do not include CIA and NSA which claim they are exempted by statute from disclosing inforlnation regarding the number and salaries of their employees. CIA claims as authority 50 U.S.C. 403(g),' and. NSA claims as authority section 6 of Public Law 86-36 (50 U.S.C. 402 note).' G. OTHER ANNUAL COSTS More than $56,000 a year in costs related to polygraph use was re- ported by the 19 agencies. This figure is a bare minimum, as such costs were very sketchily estimated due to widely varying record- keeping. Intended to be included in this category were training and travel expenses of polygraph operators, maintenance of the polygraph machines, and similar recurring costs. In addition, the Air Force reported an expenditure of $24,953 during fiscal 1961 for a contract with Fordliam University (N.Y.) on studies in lie detection. H. SAFEGUARDS FOR INDIVIDUALS Included in the subcommittee questionnaire were several queries designed to reveal the steps taken to safeguard the rights of individuals who undergo polygraph tests. In this regard the agencies were asked. what relative weight is accorded polygraph test results or refusals to be so tested, whether the use of polygraphs is subject to review, whether tests results are available to the individual, whether an avenue of appeal exists, and whether an individual's physical and mental condition are considered.. 1. Effect of refusals.-ln response, every agency provided assurances of one form or another that polygraph tests are given only with volun- tary consent from. the person to be tested. Even in the employment screening programs of the CIA and the NSA, where polygraph tests r 50 U.B.C. 403(g) states: "irl t e Interests of-the security of?the foreign lutelligmrce activities of the ihdted States and in order further to impibment the proviso of section 403(d) (3) of this title that the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unautlprized disclosure, the Agency shall be exempted from the provisions of section 654 of Title, 5, and the provisions, of any other law which require the publication or disclosure of the organization, functions, narrlcs, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this. section, the Director of the Bureau of the Budget shall make no reports to the Congress in connection '5 ith the Agency under section 947(b) of Title ~," 2 See. 0(a) Except as provided In stihsdbtion (h) of this section, nothipg In this Act or any other law (including, but not Ihulted to, the first section and section 2 of the Act of August 28 1935 (5 U.S.C. 654)) ' number shad he of an y information with respect to tile octl'vit(es thcrcoff or of t ro names, titles, salaries, or n , of the persons employed by such agency.. Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 approach the point of being mandatory, applicants may refuse to sub- mit to polygraph testing. Whether a refusal would dire a job appli- cant's chances is not clear. The CIA simply said that refusalswould.be "considered along with other information developed * * * " while the NSA indicated an applicant's refusal. would require "more exhaustive investigation." A number of agencies expressly declared that refusals do not prejudice the outcome of an investigation. The Air Force, for example, stated "no inference is or may be made from * * * refusals" while the Army military police assured that "failure to volunteer for an examination is not construed as a tacit admission of guilt." Simi- larly, the Defense Atomic Support Agency said that a refusal "cannot be construed as an admission or even a partial admission of guilt" and the Post Office Department asserted the refusals cannot formthe "basis for any recommendation." While the Marine Corps went along with most agencies in saying a refusal "is not considered as proof or evidence of facts sought to be confirmed," the Office of Naval Intelligence thought otherwise. "It is safe to say," stated ONI, "that this Office realize [sic] that some subjects refuse to submit to examination on the basis of moral scruples which they consider valid, in other cases a refusal may be considered a tacit admission of guilt." The Defense Supply Agency also had some doubts about refusals. "While only limited significance is attached to data developed by the polygraph test," DSA said, "in a clear-cut `did-you-or-didn't-you' situation refusal * * * is considered as an unfavorable reflection on the credibility of the individual's statement." A member of the District of Columbia's Metropolitan Police Department can be ordered to take a polygraph test, and be subject to disciplinary action if the order is disobeyed, but for any other suspect a refusal "can be given no weight as to guilt or innocence. With the exception of the District of Columbia Police Department, all agencies reported that refusals by employees to take polygraph tests are not noted in their personnel records, although such matters might be mentioned in investigative reports. 2. Weight accorded polygraph test results.-No agency admitted attaching great significance to the results of polygraph examinations, but there were indications that such tests influence at least the course of investigations. The Atomic Energy Commission reported that polygraph test results alone were not conclusive but if they were at variance with. the findings of field investigations, additional fieldwork would be carried out to resolve the discrepancies. The Defense Atomic Support Agency and the General Services Administration stressed that they attached no weight to such test results without confirmation by subsequent admissions. The results are not used by the National Security Aggency in "reach- ing any finding" but only to "identify areas in whic}i the individual should be questioned further." In a similar vein the National Aeronautics and Space Administration said the device is used "for formulating additional investigative coverage." A balanced statement on this point was issued. by the FBI, which said the "polygraph can be helpful to implement an interrogation and provide investigative direction but it must not be relied on solely or used as a substitute for logical investigation." Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 The Internal Revenue Service seemed' inclined to give the individual being tested. the benefit of the doubt. "Where such test is favorable to the subject, it might be given considerable weight," IRS said. "When the test is unfavorable, it would simply be considered with all other information * * *." The polygraph was felt to be "an invaluable investigative aid" by the Office of Naval Intelligence, which also cautioned that "an accuracy rate of 70 percent is considered optimum." 3. Review of polygraph use.-Almost all of the 19 agencies indicated that use of polygraphs is subject to review by authorities higher than those persons immediately involved in handling investigations. One reported exception to this review practice was the CIA. That Agency apparently considers a system of review for each instance of polygraph utilization as unnecessary since the Director of Central Intelligence has established the policy that "all applicants and employees will be afforded polygraph examinations as part of security screening procedures." Likewise, polygraph tests are a required part of the National Security Agency's preemployment processing of civilian applicants, and there is no process to review each applicant's case to determine whether the testing is appropriate. However, there is a system for reviewing the decision to test NSA employees. While the Defense Supply Agency maintains a review process for all recommended tests in criminal investigations, security operations are handled differently. The use of polygraphs in DSA security matters is decided, without subsequent review, by the intelligence officer in charge at the field activity concerned or at DSA headquarters in Washington. 4. Availability of results to individuals tested.-Five agencies- Central Intelligence Agency, Defense Supply Agency, Department of the Air Force, National Security Agency, and the Federal Bureau of Investigation-indicated they do not make known the results to indi- viduals undergoing polygraph examinations. All other agencies using the machine said tfiey either routinely advise the individual tested of the results or provide the information upon request. 5. Appeals of polygraph test results.-A number of agencies reported that they have no system permitting the appeal of adverse polygraph test results. Most of these agencies reasoned that an appeal limited to the results of polygraph tests is unnecessary since no action is taken against individuals solely on the basis of such examinations; however, these agencies went on to say that any administrative action resulting from an investigation would be subject to appeal. The District of Columbia Metropolitan Police Department an= swered that the right of administrative appeal does not apply in its uses of the machine "since all criminal cases must ultimately be presented to a court of law and the results of polygraph examinations are not admissible in these courts." But a sizable number of agencies and their components said they provide it means of appeal, usually by conducting a new test with a different operator. Agencies allowing an appeal or reexamination of some sort are the Army, the Marine Corps, the Coast Guard, the Internal Revenue Service, the Secret Service, the U.S. Information Agency, and the U.S.. Park Police of the Interior Department: Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 USE OF POLYGRAPHS BY THE FEDERAL GOVERNMENT i 6. Consideration of physical and mental conditions.-Each agency reporting the use of polygraphs, and all of their a('ected units, informed, the subcommittee that consideration is given to the physical and mental conditions of individuals to be tested. A few agencies, including the Air Force, the Commerce Department, the Defense Atomic Support Agency, the National Security Agency, and the State Department, said they obtain professional medical, advice when there is a question of physical or mental suitability to undergo polygraph tests. While most other agencies simply indicated that consideration. is excorded, few further details were volunteered. The Post Office Department, for example, noted that "susceptibility tests are given to determine * * * mental suitability." Similarly, Naval Intelli- gence said : "It is well understood the physical-mental conditions of many subjects will render them unsuitable as testing subjects either on a temporal or permanent basis." The U.S,. Information. Agency was slightly more specific, stating th.4t the matter "is left to the professionalization of the [polygraph] pp~rgtor." ~. QUALIFITCATIONS OF GOVERNMENT POLYGRAPH OPERATORS ID order to ascertain the qualifications of the polygraph operators within the Federal Government, the subcommittee, asked those 11 agencies that employed polygraph operators for a breakdown of the minimum requirements for the operators. Included amopg the criteria were age, ,education, grade or rank, years of investigative experience, any character investigation or agency check, and type of special polygraph training. 1, Minimum age.---Although niost agencies have set 25 years as the minimum age for a polygraph operator, the District of Columbia Metropolitan Police Department allows a policeman aged 21 to conduct the polygraph tests. The Coast Guard minimum age is 22, while CIA "prefers" their operators to be 30 years old. There is no minimum. age requirement in the FBI, but all examiners must be Special Agents and the minimum age for such an agent is 23 years. 2. Educational requirements.-The educational requirements for polygraph operators in the Federal Government vary from agency to agency. The minimum requirement is a high school degree, although an Army military policeman must have 2 years of college education before becoming eligible to perform polygraph tests. CIA, NSA, FBI, Office of Naval Intelligence, and the Secret Service all require a college degree. 3. Grade or rank.- The minimum grade or rank requirement for polygraph operators varies greatly throughout the Government, The District of Columbia Metropolitan Police Department has no special requirement, while the Central Intelligence Agency requires its polygraph operators to be a GS-11 (with base annual salary of $9,004). The FBI requires its polygraph operators to be a Special Agent, which has the grade of GS-10 ($8,450). Other grade or rank requirements include: Army Intelligence, E-5 ($4,738); Army Military Police, warrant officer ($6,632), NSA, OS-11 ($9,004); and Post Office Department, PFS-13 ($12,639).2 2 Salaries derived from tables found on p, 13415, Congressional Record, Aug. 6, 1963. Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 12 USE OF POLYGRAPHS BY THE FEDERAL GOVERNMENT 4. Investigative experience.- -Three agencies- -the District of Colu.rrr- bia Metropolitan Police Department, the FBI, and the Maine Corps? have no minim um requirement for ,years of investigative experience. The remainder of the agencies employing polygraph operators vary in their requirements from 1. year to 5 years. 5. Agency check or character investigation.--All prospective poly- graph operators within the Federal Government must be given either an agency check or it background investigation prior to approval as an operator. NSA reports that all applicants for polygraph operator must pass a polygraph screening test. 6. Training program.- The majority of agencies that employ poly- graph operators train them at the Army Provost Marshal General School, Fort Gordon, Ga. The Coast Guard and the Post Office Department also make use of it private source of instruction-the National Training Center of Lie Detection in New York. CIA requires polygraph trainees to take an internal academic course for 5 weeks plus an additional 4 months on-the-job training. The FBI also conducts an internal training course and advanced training seminars. 7. Other requirements.-No one agency can be compared with any other in their "other requirements" for authorizing at polygraph opera- tor. The requirements range from a thorough understanding of communism (NSA), foreign language fluency and physical ability to travel extensively (CIA), to emotional stability and lack of distracting scars or impediments (Air Force). Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 Approved For Release 2006/08/10: CIA-RDP66B00403R000100380004-4 USE OF+.POLYGRAPHS BY THE FEDERAL GOVERNMENT The Polygraph Apparatus and Slreria!1y Adapted I'urntyhittgs-The n:a