This is the Department of Defense's response to AntiPolygraph.org's Freedom of Information Act request dated 24 September 2000 for 1) any DoD regulation requiring DoD military, civilian personnel and/or contractor employees to sign a form certifying that they are willing to undergo a specific-issue polygraph examination if classified information they had access to has been leaked as a condition for access to Top Secret, SCI or higher information and 2) any such certification form adopted pursuant to such regulation.

DEPARTMENT OF DEFENSE
DIRECTORATE FOR FREEDOM OF INFORMATION AND SECURITY REVIEW
1155 DEFENSE PENTAGON
WASHINGTON, DC 20301-1155

October 16, 2001
Ref: 01-F-0198

Mr. George W. Maschke
Hart Nibbrigkade 22
2597 XV Den Haag
Netherlands

Dear Mr. Maschke:

This responds to your September 24, 2000, Freedom of Information Act (FOIA) request, filed with the Defense Security Service (DSS). DSS forwarded your request to this Directorate, and it was received on October 5, 2001.

Within the Office of the Secretary of Defense, your request was referred to the Office of the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence, Assistant Director for Polygraph. That office advises that the information you seek does not exist. The program you noted in the Polygraph Program Report to Congress for Fiscal Year 1999 has not been instituted. It was a proposal, and it remains under consideration, but unless it is implemented, no documents responsive to your request will be created.

Should you deem this no record response to be a denial, you may appeal this finding by offering justification to support an additional search effort. You should be aware that, should the second search still not produce any records responsive to your request, you may be assessed fees pursuant to Department of Defense Regulation 5400.7-R. Any such appeal should be forwarded to this Directorate and be postmarked within 60 calendar days of the date above.

Sincerely,

[signed]
H.J. McIntyre
Director