PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3437
‘‘(A) has been classified at the level of top secret; or ‘‘(B) is designated as being within a special access program under section 4.4(a) of Executive Order No. 12958 (or a successor Executive order); or ‘‘(2) assistance in an intelligence or military mission in a case in which the unauthorized disclosure or manipulation of information, as determined under standards established by the Secretary of Defense, could reasonably be expected to— ‘‘(A) jeopardize human life or safety; ‘‘(B) result in the loss of unique or uniquely productive intelligence sources or methods vital to United States security; or ‘‘(C) compromise technologies, operational plans, or security procedures vital to the strategic advantage of the United States and its allies. ‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE AGENCIES AND FUNCTIONS.—This section does not apply to the following persons: ‘‘(1) A person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract with the Central Intelligence Agency. ‘‘(2) A person who is— ‘‘(A) employed by or assigned or detailed to the National Security Agency; ‘‘(B) an expert or consultant under contract to the National Security Agency; ‘‘(C) an employee of a contractor of the National Security Agency; or ‘‘(D) a person applying for a position in the National Security Agency. ‘‘(3) A person assigned to a space where sensitive cryptographic information is produced, processed, or stored. ‘‘(4) A person employed by, or assigned or detailed to, an office within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs or a contractor of such an office. ‘‘(e) STANDARDS.—(1) Polygraph examinations conducted under this section shall comply with all applicable laws and regulations. ‘‘(2) Such examinations may be authorized for any of the following purposes: ‘‘(A) To assist in determining the initial eligibility for duties described in subsection (c) of, and aperiodically thereafter, on a random basis, to assist in determining the continued eligibility of, persons described in subsections (b) and (c). ‘‘(B) With the consent of, or upon the request of, the examinee, to— ‘‘(i) resolve serious credible derogatory information developed in connection with a personnel security investigation; or ‘‘(ii) exculpate him- or herself of allegations or evidence arising in the course of a counterintelligence or personnel security investigation. ‘‘(C) To assist, in a limited number of cases when operational exigencies require the immediate use of a person’s services before the completion of a personnel security investigation, in determining the interim eligibility for duties described in subsection (c) of the person.
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