H.R. 4681 THE FEDERAL POLYGRAPH LIMITATION AND ANTI-CENSORSHIP ACT OF 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300390008-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 8
• Publication Date: April 25, 1984
• Content Type: MEMO

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CONFIDE T'I A L
MEMORANDUM FOR: Chief, Legislation Division
Office of Legislative Liaison
25X1 FROM:
SUBJECT:
Director of Security
H.R. 4681, the "Federal Polygraph
Limitation and Anti-Censorship Act of 1984"
REFERENCES: A. OLL 84-1689/1, dated 25 April 1984,
same subject
B. OLL 84-1245, dated 28 March 1984,
same general subject
C. OLL 84-1268, dated 30 March 1984,
Office of Management and Budget
Legislative Referral Memorandum,
same general subject
1. Reference A forwarded a copy of the amendment to
H.R. 4681 drafted by the staff of the House Permanent Select
Committee on Intelligence (HPSCI), and asked that the Office of
Security provide your Office with comments on the amendment for
inclusion in an Agency response on the subject to the Office of
Management and Budget.
2. The Office of Security previously agreed with the
Office of Legislative Liaison position expressed in Reference B
and its Attachment, which contained suggested revisions to H.R.
4681 as coordinated through this Agency's Office of General
Counsel. If there is to be a so-called "Brooks Bill," this
Office would like to see it contain at least the provisions
stated in Reference B.
3. On the other hand, this Office was very pleased to see
the strong position taken by Mr. Donald J. Devine, Director,
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CON Fl DEN~ !AL
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CONFIDENTIAL
Office of Personnel Management (OPM), in his letter forwarded
to the Office of Legislative Liaison by the Office of
Management and Budget as an attachment to Reference C. In that
letter, Mr. Devine made the point that...."there has not been a
single complaint (filed with or brought to the attention of OPM
or the Civil Service Commission) of the type of abuse and
misidentification noted in the [somewhat sensational]
'Findings' of the Act." Mr. Devine was, of course, referring
to the proposed H.R. 4681. He went on to state that "The
enactment of the Proposed Act would protect against 'abuses'
that do not exist, and would refute the overwhelming evidence
demonstrated by scientific studies, government surveys and
'real life' experience of the extraordinary effectiveness of
polygraph testing as a screening and investigative tool, when
these are restricted to situations where they are warranted."
Mr. Devine noted that OPM is opposed to H.R. 4681, stated that
it appears to have been drafted without regard to any of the
vitally important national security considerations where
polygraphs have been found essential by at least six
presidents, and added that the proposed bill's "Findings" are
25X1 entirely inconsistent with the combined, decades-long
experience of federal agencies.
4. The Office of Security fully supports the position
taken by the Director, OPM. Mr. Devine has stated the case for
polygraph most succinctly. There simply is no need for the
polygraph limitations that the Proposed H.R. 4681 would impose
25X1 on federal agencies.
5. As to the H.R. 4681 provisions relating to
prepublication review, the Office of Security shares the
position of your own Office, that there should be no
legislation enacted which would significantly affect the status
25X1 quo with respect to prepublication review.
6. As its bottom line, the office of Security believes
that the office of Management and Budget should be informed
that the Central Intelligence Agency is opposed to the Brooks
Bill and any amendment thereto which significantly affects the
status uo with respect to polygraph usage and prepublication
25X1 review. 7. Any questions concerning this matter may be addressed
25X1 to Policy and Plans Group, on black line 5311
25X1 or
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