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H.R. 4681 (98th): Federal Polygraph Limitation and Anti-Censorship Act of 1984


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 21, 1984.


(Reported to House from the Committee on Armed Services with amendment, H. Rept. 98-961 (Part II)) Federal Polygraph Limitation and Anti-Censorship Act of 1984 - Prohibits a Federal agency from: (1) requiring or, except as specified, requesting any employee or applicant to take a polygraph test; or (2) taking any adverse action, or failing to take any beneficial action, toward an employee or applicant for refusing to take a polygraph test or on the basis of the results of such a test. Authorizes an agency to request that an employee take a polygraph test voluntarily if: (1) the test is administered as part of a specific investigation into alleged criminal conduct after all other reasonable investigative means have been completed, solely to develop information essential to the investigation; (2) the individual is reasonably believed to have knowledge of the matter under investigation; and (3) the alleged criminal conduct constitutes an offense punishable by death or imprisonment for a term exceeding one year. Authorizes only employees of certain agencies to administer a polygraph test. Prohibits an agency from: (1) requesting or requiring an employee or applicant to enter into any agreement providing for agency review of an employee's information before the employee may disclose the information to the public outside of his or her official capacity; (2) taking any adverse action, or failing to take any beneficial action, toward an employee or applicant for refusing to enter into, or to comply with, such a prepublication review agreement; or (3) establishing or enforcing any other requirement in order to compel prepublication review. Authorizes any person aggrieved by a violation of this Act to bring a civil action against the United States for equitable or monetary relief, or both, in the appropriate U.S. district court, provided: (1) such action is commenced within two years after the violation occurred; and (2) such person chooses to commence such civil action in lieu of any available remedial action under agency administrative procedures. Exempts the Central Intelligence Agency and the National Security Agency from the applicability of this Act. Provides a partial exemption from polygraph restrictions for the Department of Defense with respect to employees, applicants, or experts and consultants under contract who: (1) require clearance for access to classified information; (2) are in or are being considered for specified Defense Intelligency Agency positions; (3) are, propose to be, or purport to be an agent, source, or operative in foreign intelligence or counterintelligence; (4) seek a means of exculpation with respect to allegations arising from a criminal, counterintelligence, or personnel security investigation; or (5) consent to a polygraph examination necessary to resolve serious credible derogatory allegations developed in connection with a personnel security investigation of a Department civilian or contractor employee or a member of the Armed Forces. Rescinds the provisions of any existing prepublication review agreement. Directs the head of each agency concerned to notify each individual who was a party to such an agreement of its recission.