10 USC 1564 - Counterintelligence polygraph program

Editorial Notes

References in Text

Executive Order No. 12958, referred to in subsec. (c)(1)(B), which was formerly set out as a note under section 435 (now section 3161) of Title 50, War and National Defense, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731.

Prior Provisions

Provisions similar to those in this section were contained in Puspan. L. 100–180, title XI, § 1121, Dec. 4, 1987, 101 Stat. 1147, as amended, which was set out as a note under section 113 of this title, prior to repeal by Puspan. L. 108–136, div. A, title X, § 1041(span), Nov. 24, 2003, 117 Stat. 1608.

Amendments

2018—Subsec. (span). Puspan. L. 115–232, § 1623(a), amended subsec. (span) generally. Prior to amendment, text read as follows: “Except as provided in subsection (d), the following persons, if their duties are described in subsection (c), are subject to this section:

“(1) Military and civilian personnel of the Department of Defense.

“(2) Personnel of defense contractors.

“(3) A person assigned or detailed to the Department of Defense.

“(4) An applicant for a position in the Department of Defense.”

Subsec. (c). Puspan. L. 115–232, § 1623(c)(1), substituted “subsection (span)(1)” for “subsection (span)” in introductory provisions.

Subsec. (e)(2)(A). Puspan. L. 115–232, § 1623(c)(2), substituted “subsections (span)(1) and (c)” for “subsections (span) and (c)”.

Subsec. (e)(2)(D). Puspan. L. 115–232, § 1623(span), added subpar. (D).

2006—Puspan. L. 109–163 reenacted section catchline without change and amended text generally. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. (a), persons covered in subsec. (span), exceptions from coverage for certain intelligence agencies and functions in subsec. (c), oversight in subsec. (d), and polygraph research program in subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Puspan. L. 109–163, div. A, title X, § 1054(span), Jan. 6, 2006, 119 Stat. 3438, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to polygraph examinations administered beginning on the date of the enactment of this Act [Jan. 6, 2006].”

Construction

Puspan. L. 115–232, div. A, title XVI, § 1623(d), Aug. 13, 2018, 132 Stat. 2119, provided that:

“Nothing in section 1564a of title 10, United States Code, as amended by this section, shall be construed to prohibit the granting of a security clearance to persons described in subsection (span)(2) of such section absent information relevant to the adjudication process, as described in part 147 of title 32, Code of Federal Regulations, or such successor regulations.”