REDRAFT OF 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-RDP86B00338R000300390017-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 17
• Publication Date: March 13, 1984
• Content Type: MEMO

Approved For Release 2008/08/28: CIA-RDP86B00338R000300390017-1
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ROUTING AND RECD S
~? (?0"?"?') Redraft of H. R. 4681, the feral Polygraph Limitation
and Anti-Censorship Act of 1984
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Approved For Release 2008/08/28: CIA-RDP86B00338R000300390017-1
 Approved For Release 2008/08/28: CIA-RDP86B00338R000300390017-1
A !?I .TIE - I TE~9~AL USE ONLY
MEMORANDUM FOR: Chief, Legislation Division
Office of Legislative Liaison
VIA: Deputy Director for Administration
STAT FROM:
SUBJECT:
Director of Security
Redraft of H. R. 4681, the Federal Polygraph
Limitation and Anti-Censorship Act of 1984
REFERENCE: Memorandum from OLL to D/OS, dated 8 March 1984,
same subject (OLL 84-1004)
1. In response to your request contained in reference, the
Office of Security offers the following comments regarding the
redraft of H. R. 4681.
2. Although Section 7365 of the redrafted Bill exempts "any
individual employed by, or detailed to, the Central Intelligence
Agency, or any individual applying for a position . . .," the
current language does not include employees of industrial
contractors with whom this Agency maintains classified contracts,
and thus would effectively invalidate our Industrial Polygraph
Program (IPP). Given the several categories of personnel who are
affiliated with this Agency, it is requested that the Office of
Legislative Liaison seek language to include the following groups
of employees in the current draft of H. R. 4681:
Staff Employees
? Military and U. S. Government Civilian Personnel
Detailed or Assigned to CIA
? Contract Employees (Type Internal and External)
Independent Contractors (Including Consultants
and Panelists)
? Industrial Contractors' Employees.
A NI T ATIVE - INTERNAL USE ONLY
Approved For Release 2008/08/28: CIA-RDP86B00338R000300390017-1
 Approved For Release 2008/08/28: CIA-RDP86B00338R000300390017-1
HUM I I 1 V L - ICI I L1U RL UJL UNi
It should be emphasized that although each group listed above has
varying degrees of affiliation with the CIA, they share the
common trait of having access to highly sensitive classified
information and/or official CIA facilities. The Office of
Security believes that it is mandatory to specifically include
the groups of people listed above in order to preclude any
possible litigation subsequent to the enactment of H. R. 4681 in
its present form.
3. As you mentioned in paragraph 4 of reference, there are
two distinct problems associated with those sections of the
redrafted Bill regarding prepublication review clauses. First,
Section 7365(b) would appear to effectively invalidate CIA's
present Secrecy Agreement (which contains a prepublication review
clause) after enactment of the Bill. This is entirely
unacceptable since our inability to legally preview publications
of current and former employees could result in wholesale,
undiscovered release of classified information, including sources
and methods, to the public. Secondly, the redrafted Bill would
exacerbate the above-mentioned security vulnerability throughout
the Intelligence Community (IC) since all IC agencies which
received and/or produced Sensitive Compartmented Information
would similarly lack the ability to protect sources and methods
without an SCI Secrecy Agreement containing a prepublication
review clause.
4. The sponsors of H. R. 4681 should recognize that there is
no distinction between CIA and other IC agencies with respect to
responsibility for protection of intelligence sources or
methods. In effect, to enact a bill which gives prepublication
review authorization to only two members of the IC would render
such legislation almost meaningless. It is imperative that CIA
retain authorization for a prepublication review clause after
enactment of H. R. 4681. It is equally important for the Bill to
include exemptions for all agencies which routinely produce
and/or receive Sensitive Compartmented Information. This is
simply a logical, necessary extension of the statutory
responsibility of the Director of Central Intelligence to protect
sources and methods.
ADMTRATIVE - INTERNAL USE ONLY
IIS
Approved For Release 2008/08/28: CIA-RDP86B00338R000300390017-1