NSA/CSS Regulation 122-03* Date: 6 April 1984 POLYGRAPH EXAMINATIONS AND EXAMINERS SECTION REFERENCES . . . . . . . . . . . . . . I PURPOSE. . . . . . . . . . . . . . . . II POLICY . . . . . . . . . . . . . . . . III AUTHORITY, ADMINISTRATION AND RESPONSIBILITIES . . . . . . . . . . IV PROCEDURES . . . . . . . . . . . . . . V SECTION I - REFERENCES 1. References: a. DoD Directive 5210.48, The Conduct of Polygraph Examinations and the Selection, Training and Supervision of DoD Polygraph Examiners, dated 6 October 1975, amended 14 January 1977 b. DoD Directive 5400.7, DoD Freedom of Information Act Program, dated 24 March 1980 c. NSA/CSS Regulation 10-9, NSA/CSS Freedom of Information Act, dated 15 May 1991 d. NSA/CSS Regulation 10-35, Implementation of the Privacy Act of 1974, amended 22 June 1983 e. DIRNSA 27 September 1982 memorandum, Personnel Security Procedures __________ *This Regulation supersedes NSA/CSS Regulation No. 122-03, dated 26 July 1977. OPI: M509, [redacted] 8058s f. NSA Security Management Letter, VIII-4-1983, Use of Polygraph for Continued Access and for Investigation of Unauthorized Disclosures, dated 12 July 1983 g. Executive Order 12333, United States Intelligence Activities, dated 4 December 1981 h. DoD Regulation 5240.1-R, Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons, dated December 1982. SECTION II - PURPOSE AND APPLICABILITY 2. This Regulation implements References a., e., and f., above and establishes policy for: a. the conditions under which polygraph examinations may be conducted by the National Security Agency/Central Security Service (NSA/CSS); b. the requirements for the selection, training, and supervision of NSA/CSS polygraph examiners; c. the procurement and testing of polygraph equipment; and, d. storage, retention and dissemination of polygraph results, reports and related records. 3. This regulation applies to all Headquarters elements and field activities of the National Security Agency/Central Security Service. SECTION III - POLICY 4. Use of Polygraphs. Polygraph examinations shall be used to assist a.) in determining the eligibility of persons for employment and/or for access to classified cryptologic information or areas where classified cryptologic information is processed, produced or stored; b.) in determining the eligibility of persons for continued access to classified cryptologic information; and, c.) in the conduct of counterintelligence and special personnel security investigations when it is determined to be essential and timely for the further conduct of the investigation. 5. Limitations on Polygraph Use. Polygraph examinations are authorized only as specified by this Regulation. No polygraph examinations conducted under the authority of the Director NSA/Chief CSS, shall be given except as authorized herein. a. Questions asked must have a special relevance to the subject of the particular inquiry. The probing of a person's thoughts or beliefs, and questions about conduct which have no security implication, or are not relevant to an investigation, are prohibited. Examples of subject areas which will not be probed include religious beliefs and affiliations, beliefs and opinions regarding racial matters, political beliefs and affiliations of a non-subversive nature, and opinions regarding the constitutionality of legislative policies. Except when used as an investigative aid in counterintelligence and special personnel security investigations, relevant questions asked during NSA/CSS polygraph examinations shall require the approval of the Director, NSA/Chief, CSS or his designee. No material change to the scope of polygraph examinations shall take place without approval of the Director, NSA/Chief, CSS. b. Persons who are not in sound physical or mental condition will not be subject to polygraph examinations. c. No polygraph examinations shall be conducted unless the person being considered for a polygraph examination executes a Privacy Act Statement, and voluntarily consents in writing after having been advised: (1) That he or she is entitled to timely notification of the date and time of the interview and place where it will be conducted; (2) That he or she is privileged against self- incrimination in accordance with the Fifth Amendment to the U.S. Constitution, and that if the person to be examined is a member of the U.S. Armed Forces, in accordance with Article 31 of the Uniform Code of Military Justice; (3) That he or she has the right in polygraph examinations described in 7.b., and c., Section IV, below to obtain and consult with legal counsel of his own choice prior to the polygraph examination; (4) Of the characteristics and nature of the polygraph instrument and examination, including an explanation of the physical operation of the instrument, the procedures to be followed during the examination, the general areas of all questions to be asked during the examination, and that information developed will be protected against unauthorized disclosure in accordance with Agency regulations (listed as references to this Regulation); (5) Whether the interview area contains a two-way mirror, camera, or other device whereby the examinee can be observed, and if other monitoring devices will be used simultaneously with the polygraph; (6) That information obtained during the interview will be used to ensure compliance with Public Law 88-290, Executive Orders 10450 and 10865, and DCID 1/14 relative to security processing and granting of access to classified cryptologic information, that routine use of the information is for employment and access determination, and in related personnel actions where security represents a relevant and valid element of the determination, and that disclosure of information is voluntary; (7) That information provided regarding possible or actual violations of criminal laws may be disseminated to appropriate law enforcement authorities; and (8) That refusal to consent to a polygraph examination, when it has been established as a requirement for selection or assignment to NSA, or as a condition of initial or continued access to classified cryptologic information may result in an adverse action, non-selection for assignment or employment, denial or revocation of access to classified cryptologic information, or termination of employment. Refusal to take a polygraph examination shall be recorded only in the individual's security file maintained by the NSA Office of Security. An individual's employer, shall not be informed of the refusal to take a polygraph, nor shall the personnel files be annotated, unless such refusal requires administrative action. 6. Use of Polygraph Examination Results: a. Any final administrative determinations rendered in cases in which a polygraph examination is taken shall not be based on the results of an analysis of the polygraph charts. b. Polygraph examination results and reports shall be considered privileged information, and disseminated only in accordance with the provisions of this Regulation and References c., d., and h. SECTION IV - AUTHORITY, ADMINISTRATION AND RESPONSIBILITIES 7. The Director of Security, is delegated authority to authorize the conduct of polygraph examinations in a., b., and c. below. This authority may not be redelegated. a. Interview of Personnel for Employment and/or Access. Persons seeking employment or assignment with the NSA/CSS and certain individuals who require access to classified cryptologic information or areas where classified cryptologic information is processed, produced or stored shall be required to take a polygraph examination in accordance with the provisions of Reference a. Such individuals include applicants for NSA employment, NSA civilian employees, employees of contractors, military assignees, competitive service civilian employees and employees of vendors. (1) With the exception of polygraph examinations of military personnel being assigned or detailed to the NSA/CSS, polygraph examinations of personnel seeking employment or access with the NSA/CSS, may include the following; (a) Verification of the identity of the individual being interviewed; (b) Counterintelligence-type questions as outlined in 7.b.(2), Section IV below; and, (c) Clarification/elaboration of information provided on completed security forms or other information pertaining to an individual's eligibility for clearance and access to NSA classified cryptologic information and spaces. (2) Polygraph examinations of military personnel being assigned or detailed to the NSA/CSS shall be limited in scope to the counterintelligence-type questions described in 7.b.(2), Section IV below. (3) The person to be interviewed will acknowledge by signature on a form that he has been given the notice and advice specified in paragraph 5.c. of Section III of this Regulation. b. Interview of Personnel for Continued Access. Polygraph examinations are authorized for all NSA civilian, military, and contractor personnel as a condition for continued assignment to NSA or access to classified cryptologic information or spaces where classified cryptologic information is produced, processed, or stored. (1) These individuals may be requested to take a polygraph examination on an aperiodic basis at any time after their initial clearance and/or in conjunction with their reinvestigation as prescribed in DCID 1/14, "Minimum Personnel Security Standards for Access to Sensitive Compartmented Information". (2) These examinations will consist of relevant counterintelligence-type questions covering the following: (a) Involvement in espionage or sabotage against the United States; (b) Knowledge of others involved in espionage or sabotage against the United States; (c) Involvement in giving or selling classified material to unauthorized persons; (d) Knowledge of others giving or selling classified material to unauthorized persons; (e) Unauthorized contact with representatives of a foreign government. (3) The person to be interviewed will acknowledge by signature on a form that he has been given the notice and advice specified in 5.c., Section III of this Regulation. c. Counterintelligence and Special Personnel Security Investigations. Polygraph examinations may be authorized as part of counterintelligence investigations and to resolve credible derogatory information developed in the course of special personnel security investigations of NSA employees or persons having access to NSA/CSS classified cryptologic information or access to spaces wherein such information is produced, processed or stored, provided that the following requirements are met: (1) The determination has been made by the Director of Security in writing in each case that: (a) Investigation by other means has been as thorough as circumstances permit; the subject of the investigation has been interviewed; the information furnished by the individual is not reasonably subject to verification by other investigative methods; and further investigative effort is not likely to be productive without a polygraph examination; (b) The purpose of the investigation is to determine the individual's continued eligibility for access to NSA/CSS classified cryptologic information or areas; and, (c) The person to be interviewed has been given the notice and the advice specified in paragraph 5.c. of Section III of this Regulation. (2) Nothing in this Regulation shall preclude the conduct of a polygraph examination in conjunction with a counterintelligence or special personnel security investigation when the individual under investigation or associated with an investigation voluntarily seeks a polygraph examination as a means of exculpation. All such voluntary requests shall be reviewed by the Director of Security to determine the propriety of the request and to assure compliance with all requirements of this Regulation. 8. Competitive Service Civilian Employees. Polygraph examinations of competitive service civilian employees of other agencies may be authorized by the Deputy Director for Administration, as below, when prior approval has been granted by the Deputy Under Secretary of Defense (Policy). a. Persons to be interviewed require access to classified cryptologic information or access to areas where cryptologic information is processed, produced or stored. b. Among those who may be considered for a polygraph examination are the following: (1) Those competitive career employees of Department of Defense agencies who are to be assigned for training in the Department-wide Intelligence Career Development Program with the Defense Intelligence Agency and the NSA/CSS. (2) Those competitive career employees assigned to ad hoc study groups and task forces involving highly sensitive intelligence projects where they will work with excepted service employees of NSA/CSS who are subject to polygraph examinations. (3) Those General Services Administration competitive service employees or applicants for employment assigned or detailed to NSA/CSS. 9. Non-U.S. Citizens. The Director of Security may authorize the use of the polygraph in connection with the investigation on [sic] non-U.S. citizens whose backgrounds cannot be verified through routine investigative methods and who require or have access to classified information or spaces where classified information is produced, processed or stored. 10. Intelligence Operations. The Director of Security will authorize the conduct of polygraph examinations of persons who are proposed for assignment to special intelligence operations approved in accordance with the instructions issued by the Director. 11. The Deputy Director for Administration may authorize the use of polygraph examiners from other DoD agencies who are certified under the provisions of DoD Directive 5219.48 on a temporary loan basis to NSA/CSS. 12. When authorized by the Deputy Director for Administration, the Director of Security may accept the results of polygraph examinations conducted by other DoD agencies in lieu of examinations conducted by NSA/CSS polygraph examiners. 13. The Deputy Director for Administration may authorize the detail of NSA/CSS polygraph examiners to conduct polygraph examinations for other government agencies on a case-by-case basis, subject to the approval of the Deputy Under Secretary of Defense (Policy). 14. With prior approval of the Director, requests for waivers to the policies enunciated in Reference a. shall be forwarded to the Deputy Under Secretary of Defense (Policy), on a case-by-case basis by the Deputy Director for Administration. 15. Responsibilities a. The Director of Security is responsible to the Deputy Director for Administration for enforcing the provisions of this Regulation and related implementing instructions. b. The Director of Security shall maintain control of polygraph examination reports, results of polygraph examinations, and recording tapes in accordance with procedures specified in Annex A of this Regulation. c. The Director of Security shall submit through the Deputy Director for Administration, to the Deputy Under Secretary of Defense (Policy) reports of polygraph activity, as required by DoD Directive 5210.48. SECTION V - PROCEDURES 16. Polygraph examinations shall be conducted in accordance with procedures established in Annex B to this Regulation. 17. Procedures governing the selection, training, and supervision of NSA/CSS polygraph examiners are set forth in Annex C to this Regulation. 18. Studies of the polygraph shall be conducted as specified in Annex D to this Regulation. 19. Guidance on the procurement, maintenance and storage of polygraph instruments is set forth in Annex E to this Regulation. LOUIS J. BONANNI Deputy Director for Administration 5 Encls: Annex A - Records Administration of Polygraph Examinations and Related Materials Annex B - Conduct of Examinations Annex C - Selection, Training, and Supervision of NSA/CSS Polygraph Examiners Annex D - Studies of the Polygraph Annex E - Polygraph Instrument Procurement, Maintenance and Storage DISTRIBUTION II Plus: M509 (5 copies) M333 (10 copies) L221 Stock (10%0 [sic]
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ANNEX A RECORDS ADMINISTRATION OF POLYGRAPH EXAMINATIONS AND RELATED MATERIAL 1. General. Records associated with polygraph examinations are normally categorized into "reports" and "results". The term "polygraph examination report" applies to the complete detailed report prepared by the polygraph examiner and includes pretest preparations, the examiner's notes, examination charts, and other technical details of the polygraph examination. The term "results of a polygraph examination" applies to a synopsis of the examination and normally includes brief identification and background information, the examiner's opinions based upon an analysis of the charts, and any admissions made by the subject during the interview. 2. Storage and Retention. The Director of Security shall control and determine the location for the storage and retention of polygraph examination reports, results and recording tapes. a. Except in those instances to comply with Freedom of Information Act or Privacy Act requests, polygraph results shall be removed from security files prior to granting access to the file, unless specific authorization for review of the polygraph results has been granted in accordance with NSA/CSS regulations. b. Non-record copies of polygraph examination results conducted by the NSA/CSS shall be destroyed one year after the completion of the case which included use of the polygraph. 3. Dissemination Controls. Information obtained in the course of a polygraph examination interview shall be strictly controlled in accordance with References a. and d. a. Polygraph examination results and reports shall Se [sic] available within the Agency only to the Director, NSA/Chief, CSS, the Deputy Director, NSA; the Deputy Director for Administration; the Director of Security; officials expressly charged with responsibility for counterintelligence and personnel security; other officials designated by the Director, NSA/Chief, CSS. the Deputy Director, NSA;the Deputy Director for Administration; and the Director of Security; and to the subject of the examination pursuant to a Privacy Act request, or Freedom of Information Act request. b. Results and reports of polygraph examinations, other than those released pursuant to Freedom of Information Act and Privacy Act requests, will not be released outside the NSA/CSS unless expressly authorized by the Director or Deputy Director, NSA. c. Except in those cases to comply with Freedom of Information Act or Privacy Act requests, substantive information provided by the examinees during the polygraph examination shall not be released outside the NSA/CSS unless expressly authorized by the Director, NSA/Chief CSS, the Deputy Director, NSA or the Deputy Director for Administration. With the express approval of one of the above officials, such information may be released to: (1) Officials within the DoD who are charged with the responsibility for personnel security, law enforcement, and the administration of criminal justice; or (2) Appropriate law enforcement officials, outside the Department of Defense, where the information obtained during a polygraph examination reveals a possible or actual violation of Federal or state law. In accordance with Reference d., an accounting shall be maintained of the date, nature, and purpose of the disclosure, and of the name and address of the person or agency to which the disclosure is made; or (3) The person examined or legal counsel for the person examined, upon written request therefore [sic] and prior written consent of the examinee (subject to provisions for safeguarding classified defense information); or (4) DoD component members of the National Foreign Intelligence Board (NFIB) and to other NFIB member agencies, provided that there is an official need for the material and that the third agency limitation will be applied. d. Except as required by law, polygraph examination reports shall not be disseminated outside the NSA. These reports are excluded from release under the provisions of DoD Directive 5400.7 (Reference b.).
ANNEX B CONDUCT OF EXAMINATIONS 1. General. Polygraph examinations shall be conducted only by personnel certified as polygraph examiners in accordance with Annex C of this Regulation. Polygraph examiner trainees serving their internship and other examiners who have not yet completed a required refresher period of internship shall conduct polygraph examinations only under the direct supervision of a polygraph examiner certified in accordance with this Regulation. 2. Prohibitions. Polygraph examinations shall not be conducted if, in the opinion of the polygraph examiner, any of the following conditions inhibit the individual's ability to respond. a. It is apparent that the examinee is mentally or physically fatigued. b. The examinee is unduly emotionally upset, intoxicated, or rendered unfit to undergo an examination because of excessive use of a sedative, stimulants or tranquilizers. c. The examinee is known to be addicted to narcotics. d. The examinee is known to have a mental disorder. e. The examinee indicates that he or she is experiencing physical discomfort of significant magnitude or appears to possess physical disabilities or defects which, in themselves, might cause an abnormal response. However, this requirement does not preclude the polygraph examination of the physically handicapped. 3. Referral of Cases. Should any of the above conditions become apparent or if the examiner or examinee has an doubt concerning the conditions specified in 2., above, the examiner will arrange for a professional examination by the NSA/CSS Medical Center, M7. An examiner shall not attempt to make a psychiatric or physical diagnosis of an examinee. 4. Interview Rules. Examiners shall observe the following interview rules: a. The examinee shall not be subjected to prolonged interrogation immediately prior to a polygraph examination. b. An explanation of the nature of the examination shall be given to the examinee at the beginning of the interview. c. Prior to the beginning of each test, the examiner shall review with the examinee all topics which will be covered by questions asked during the test. d. Under no circumstances shall personnel certified as examiners allow themselves to be identified as other than investigative personnel. Examiners shall not wear white coats or similar items of clothing which might create a clinical appearance. e. The polygraph instrument shall not be utilized as a psychological prop in conducting interrogations. 5. Public Demonstrations. Polygraph examiners shall not participate in any public demonstration of the polygraph technique that includes a mock test in which there is an attempt to interpret the results of the test. This does not preclude a public demonstration to show the physiological changes that take place during emotional stimulation, provided no attempt is made to interpret the changes and no unfounded claims of application or reliability are made. Only polygraph examiners certified under the provisions of Annex C of this Regulation may be used as instructors, lecturers, or demonstrators of the polygraph. 6. Supervision and Review. a. The conduct of each polygraph examination shall be carefully supervised by personnel exercising technical supervision over NSA/CSS polygraph operations. b. The Chief, Clearance (M55), with the concurrence of a certified polygraph supervisory official, shall determine whether it is appropriate to request an individual to undergo a repeat polygraph examination. When three unsuccessful examinations have been conducted on an examinee, the decision for a fourth examination will be made only by the Director of Security. Any examination beyond that must be approved by the Deputy Director for Administration. c. The individual polygraph examiner will not have the sole authority to determine whether further investigation is warranted based upon information developed during a polygraph examination.
ANNEX C SELECTION, TRAINING, AND SUPERVISION OF NSA/CSS POLYGRAPH EXAMINERS 1. Selection. All candidates selected for the position of polygraph examiner shall meet the following minimum requirements: a. United States citizenship; b. Twenty-five years of age; c. Graduation from an accredited college with a baccalaureate degree or equivalent, plus two years as an investigator with a United States Government department or agency or a state or local law enforcement agency; and d. Successful screening, on the basis of a background investigation, polygraph examination and a psychological assessment, as a person of high moral character and sound emotional temperament. 2. Incumbents. Individuals who do not meet the educational requirements of a baccalaureate degree or the equivalent at the time this Regulation is published, but who are certified as polygraph examiners at NSA, may continue in this capacity. 3. Applicant Qualifications. Applicants shall not be accepted for basic polygraph training who do not meet the prerequisites set forth in paragraph one, above. 4. Training. a. NSA/CSS polygraph examiners may be trained at: (1) The basic course taught by the U.S. Army; or (2) An equivalent course, as approved by the Director, NSA/Chief, CSS. When equivalent courses are used, the Deputy Under Secretary of Defense (Policy) shall be advised. b. No person shall be certified as an NSA/CSS polygraph examiner without having successfully completed an approved basic course and having demonstrated an understanding of the appropriate applications of the following: (1) Investigative techniques; (2) Methods of interrogation; (3) The basic elements of normal, abnormal, and criminal psychology; (4) Constitutional and other legal considerations; (5) Physiology; (6) The functioning of the polygraph, including its capabilities and limitations; (7) DoD and NSA/CSS Polygraph Regulations; (8) Polygraph techniques; and (9) Question formulation and chart interpretation. c. Training in psychology, physiology and law shall be conducted by qualified professional personnel, as appropriate. d. Before being certified as a qualified polygraph examiner, a candidate shall serve a probationary period of not less than six months, and conduct not less than 100 complete polygraph examinations under the direct supervision of a certified polygraph examiner. e. Appropriate provision shall be made by the Director of Security, to assure that NSA/CSS polygraph examiners obtain refresher or advanced training at intervals of not less than every two years. 5. Supervision of Polygraph Examiners. a. The Director of Security, will ensure that the conduct of each polygraph examination shall be carefully supervised pursuant to the provisions of this Regulation. b. Each examiner will be responsible for the preparation of a written report of each examination. The report will be a factual and objective presentation of pertinent information developed during the interview, prepared in accordance with a prescribed format, and subject to supervisory review. c. Certified examiners will exercise their technical skills regularly and conduct a minimum of 18 polygraph examinations semiannually. Certified examiners who direct and instruct examiners, who are responsible for the proficiency of examiners and who review charts and reports, may retain their certification without conducting the 18 examinations, with an exemption approved by the Director of Security. d. Should an examiner fail to conduct the minimum number of cases, certification shall be suspended. Should an examiner fail to satisfy proficiency standards, certification shall be suspended or revoked. e. Certifications that are suspended for failure to conduct the minimum number of cases may be reinstated upon completion of at least 18 examinations under the direct supervision of a certified examiner. With the approval of Director of Security, certifications that are suspended for failure to satisfy proficiency standards shall be reissued after suitable refresher training and demonstration of an acceptable standard of proficiency.
ANNEX D STUDIES OF THE POLYGRAPH 1. The Deputy Under Secretary of Defense (Policy) or a designee shall be kept fully and currently advised of all studies regarding the use of the polygraph proposed to be undertaken by NSA/CSS. This information shall include: a. A description of the research and its purpose; b. The date the research is to be initiated and the date it is to be completed; c. The estimated cost of the research; d. The identity of the agency or contractor selected to perform the research. When NSA/CSS personnel will conduct the research, the Agency elements will be specified; and e. The qualifications of the agency, contractor or NSA/CSS elements involved. 2. Experimental polygraph examinations of volunteer subjects may be performed under the auspices of NSA/CSS when specifically approved by the Director, NSA/Chief, CSS or his designee for this purpose. Appropriate safeguards shall be established to protect the physical well-being as well as the constitutional rights of volunteer subjects. 3. Research may be conducted during operational polygraph examinations with the prior written approval of the Deputy Under Secretary of Defense (Policy). This research may include the obtaining of additional channels of physiological data with the polygraph instrument, or with ancillary equipment. 4. The Director of Security, may authorize the use of NSA/CSS polygraph examiners in research programs. 5. The Director of Security, or his designee, shall collect data to determine the effectiveness of the polygraph. a. Experimental programs involving volunteer subjects shall be approved in accordance with this Regulation. b. The analysis of physiological data recorded during operational examinations dose not require prior approval. The recordings included in this category are respiration, electrodermal responses, pulse rate, pulse amplitude, vascular volume, capillary volume, vascular pressure, capillary pressure, and bodily movement as recorded by the pneumograph, galvanograph, cardiosphygmograph, plethysmograph and cardio activity monitors, which are sections of polygraph instruments in regular operational use. c. The collection of statistical data from polygraph charts and polygraph reports does not require prior approval providing there is no means to identify the persons whose records were analyzed. d. The retention of polygraph charts and cases for research and training is authorized provided all identification is removed regarding the persons who were the subjects of the examinations.
ANNEX E POLYGRAPH INSTRUMENT PROCUREMENT MAINTENANCE AND STORAGE 1. Issue. Polygraph instruments, spare parts, and expendable supplies will be obtained through NSA/CSS procurement channels. 2. Authorized Items. Polygraph instruments for operational use at the NSA/CSS will record, as a minimum, respiration, electrodermal response, blood volume, and heart rate. 3. Maintenance. Polygraph instrument maintenance and calibration shall be performed under the direction of NSA/CSS polygraph supervisory personnel. Polygraph instruments shall be calibrated within 24-hours prior to operational use. 4. Experimental Equipment. The Director may authorize the acquisition and use of experimental equipment for the purpose of conducting research. 5. Storage and Use. Polygraph instruments shall be stored in secure locations to prevent damage or misuse by unauthorized persons. 6. New Equipment. To ensure that only the most reliable equipment is used, the Director of Security may authorized the procurement of new instrumentation provided it is determined through research that: a. The equipment is suitable from an electro-mechanical viewpoint; b. It produces reliable operational results; c. It can be used within the operational constraint of this Regulation; and d. Instructional material relating thereto can be included in basic training curricula with minimum additional expense and delay. 7. The Deputy Under Secretary of Defense (Policy) shall be apprised in advance of the procurement and use of newly developed equipment.
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