PASSAGE OF POLYGRAPH CURBS SEEMS DOUBTFUL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300400010-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 10
• Publication Date: September 22, 1984
• Content Type: OPEN SOURCE

Approved For Release 2008/08/28: CIA-RDP86B00338R000300400010-6
Government Operations - 2
Presidential Directive Could Be Reissued:
Passage of Polygraph Curbs Seems Doubtful 0
A bill to curb the federal govern- _
ment's use of lie detector tests ad-
vanced the week of Sept. 17, but spon-
sors doubt that it will become law this
year.
The House Armed Services Com-
mittee Sept. 19 became the second
panel to approve the bill (HR 4681),
which would limit the use of lie detec-
tor tests (polygraphs) and prohibit the
federal government from requiring
employees to submit their writings for
pre-publication review.
The House Post Office and Civil
Service Committee reported the bill
Aug. 6 (H Rept 98-961, Part I).
(Weekly Report p. 1594)
HR 4681 was introduced in re-
sponse to a proposed administration
directive requiring about 120,000 fed-
eral employees with access to sensitive
classified information to submit their
writings for pre-publication review,
and stepping up the federal govern-
ment's use of polygraphs.
The proposed directive, which
was aimed at curbing leaks of classi-
fied information, provoked an outcry
in Congress, and in response, the ad-
ministration announced in March that
it had suspended the directive for the
rest of the 1984 congressional session.
(Weekly Report p. 931)
Supporters of the bill say that de-
spite that assurance, agencies have re-
quired employees to sign contracts
agreeing that they would submit their
writings for pre-publication review,
and have been using polygraphs. HR
4681 would cancel any existing pre-
publication review contract, ban fu-
ture ones, and prohibit agencies from
requiring employees or applicants for
employment to submit to polygraphs,
except for criminal investigations.
But the Senate has no compara-
ble bill, and Sen. Charles McC. Ma-
thias Jr., R-Md., a supporter of its
provisions, said Sept. 19 that the Sen-
ate "will be extremely reluctant to ap-
prove" anything like HR 4681.
Rep. Jack Brooks, D-Texas, spon-
sor of HR 4681, agreed. "The Republi-
can Senate does not seem eager to
pass this legislation, which will protect
the rights of individuals," he said.
Before the bill reaches the Senate,
though, it will have a rough road
through the House. The Armed Ser-
-B1- Robert Rothman
vices panel, endorsing a recommenda-
tion of its Investigations Subcommit-
tee, voted to give a partial exemption
to the Department of Defense. The
bill as introduced would exempt the
CIA and National Security Agency
(NSA). (Weekly Report p. 2260)
The Judiciary Committee and the
Permanent Select Committee on
Intelligence also share jurisdiction
over the measure, and members of
each would like to exempt additional
agencies.
Sponsors warned that too many
exemptions would gut the bill, but
Brooks said that passage would be a
step forward. "I think the bill is better
without exemptions," he said, "but we
can cut down the number of intimi-
dating and useless polygraph tests."
Armed Services Action
The House Armed Services Com-
mittee unanimously approved HR
4681, after adopting an amendment
giving the Defense Department lim-
ited authority to administer poly-
graphs.
The amendment would allow the
use of polygraphs for seven specific
purposes, primarily to clear individ-
uals for access to high-level security
information. Bill Nichols, D-Ala.,
chairman of the Investigations Sub-
committee and author of the amend-
ment, said that polygraphs have been
useful in detecting and deterring es-
pionage.
In 1983, according to Armed Ser-
vices staff, the Pentagon conducted
about 3,500 polygraph tests. A provi-
sion in the Senate version of the fiscal
1985 defense authorization (HR 5167)
would limit the department to 3,500
tests in fiscal 1985. That measure be-
came hung up in conference. (Weekly
Report p. 1811; related story, p.
2291)
Nichols added that the exemption
was necessary, because some Defense
Department employees see the same
information CIA and NSA employees
see. "It has the same requirements for
assuring the reliability of its personnel
as their agencies," he said.
Larry J. Hopkins, R-Ky., ranking
minority member of the subcommit-
tee, said that the Defense Intelligence
Agency was as much a part of the na-
tion's security apparatus as the CIA
and NSA. "It makes absolutely no
COPYRIGHT 1984 CONGRESSIONAL OUARIERIY INC
Rep.ad- po .b-d m vhok w - pow s.t41 by ed o.d aI
sense to protect two-thirds, and leave
one-third open," he said.
But Bob Stump, R-Ariz., a mem-
ber of the Intelligence Committee,
said more agencies should be exempt.
"I don't think we've gone far enough,"
he said.
Specifically, Stump said that the
FBI, because of its counterintelligence
programs, should also be able to use
polygraphs.
The Judiciary Committee has ju-
risdiction over the FBI, and F. James
Sensenbrenner Jr., R-Wis., said he
had prepared an amendment to ex-
empt the FBI from the bill's provi-
sions, if the measure came up in com-
mittee. However, the panel did not
consider the bill during its Sept. 18
meeting, and Don Edwards, D-Calif.,
said the committee will probably
waive its right to consider the bill.
"We can't improve it any," Ed-
wards said.
Sensenbrenner said he will offer
his amendment to exempt the FBI
when the bill reaches the floor. "It
seems to me the FBI handles equally
sensitive things in the domestic
arena," he said.
But Sensenbrenner added that
the few legislative days left in the ses-
sion might prevent the bill from
reaching the floor. "I really don't see
the time to get this bill passed," he
said.
Future Prospects
If the bill fails to become law, the
administration will be free to reissue
its directive.
Regardless, members said that
agencies were currently requiring em-
ployees to agree to submit writings for
pre-publication review, and to take
polygraphs. "They're doing most of it
now under other directives," said
Brooks. "Thousands and thousands
are still taking polygraphs. Individual
agency directives are not prohibited
by the president's fraudulent com-
ment that he was not going to do it
anymore."
But Mathias said that if the ad-
ministration reissues its proposal,
"There will be a very strong feeling
about it in the Senate and in the coun-
try."
He added that any proposal
would have to be public. "We'll be
looking at it," Mathias warned.
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Approved For Release 2008/08/28: CIA-RDP86B00338R000300400010-6