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M/R: Proposed polygraph legislation (Amendment to DOD Authorization Bill for
FY-84) limits use of polygraph in DOD and specifically prohibits taking adverse
action re: DOD personnel either solely on the basis of a polygraph examination
or solely on the basis of refusal to submit to a polygraph examination. Per
OGC, the effect of the language precludes both the aperiodic polygraph (APG)
and the NSDD-84 polygraph (i.e. compulsory polygraphing in connection with
disclosure investigations). The proposed legislation provides NSA with an
exemption permitting polygraphing of civilian employees in accordance with
regulations in effect on the date of the enactment of the legislation. Instant
SML restates NSA policy re: mandatory use of the polygraph in un-
authorized disclosure cases. Because the current penalties for violations of
security regulations in the PMM pertain to security materials and do not
encompass the penalty for refusing to take a polygraph examination per this
SML, an addition to the PMM was required. Per OGC, the proposed inclusion in
the PMM of violations regarding "other security matters" is purposely general
to cover a range of potential security violations. This change to the PMM was
coordinated with M333. Expedite processing of this SML necessitated because
legislation is scheduled to be addressed by the Senate the week of 11 July.
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[**REDACTED***]M509, 8058s, 8 Jul 83, blk
M5 [********REDACTED********]
OGC [********REDACTED********]
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