LETTER TO ROD RAHE FROM (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300370017-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 21, 2016
• Document Release Date: December 2, 2008
• Sequence Number: 17
• Publication Date: January 25, 1984
• Content Type: LETTER

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Central Intelligence Agency
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OLL 84-0235
Mr. Rod Rahe
Legislative Director for
The Honorable Stewart B. McKinney
House of Representatives
Washington, D.C. 20515
Dear Mr. Rahe:
I am pleased that you and Representative McKinney agree
with me that it would be unwise to restrict the use of the
polygraph by Government agencies for national security
purposes. As I discussed with you previously, Representative
McKinney's bill (H.R. 2403) could have the unintentional effect
of creating restrictions on the Central Intelligence Agency's
(CIA) Industrial Polygraph Program by penalizing companies that
permit its employees to be polygraphed. To avoid such an
unintentional effect, I would suggest that the bill be amended
to make clear that the prohibitions on the use of the polygraph
by private business entities would not cover polygraph tests
administered to employees of business entities by certain
federal agencies for national security purposes.
Enclosed for your consideration is draft language that
could be used to amend the bill, and a sectional analysis
explaining the amendment. Pursuant to this amendment, only the
CIA, NSA or DOD would be permitted to conduct polygraph tests
of individuals employed by private business entities, but only
when those business entities are selected by CIA, NSA or DOD to
perform intelligence, counterintelligence, or national security
functions. I believe that you will find that this draft
language is narrow enough to prevent this proposed exception to
the prohibition on the use of polygraphs from being used as a
legal loophole by companies who wish to continue to use the
polygraph. As is stated in the sectional analysis, no business
entity would be permitted or authorized by the amendment to
polygraph its employees.
From my conversations with your staff subsequent to our
meeting, I understand that any amendment to Representative
McKinney's bill would be held in abeyance until the bill
actually comes up for hearings. If the bill should come up for
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hearings, your staff will notify us and the amendment would
then be offered. This arrangement is satisfactory to us.
Thank you for your cooperation on this entire matter.
Sincerely,
Deputy Director, Office of Legislative Liaison
DISTRIBUTION:
Original - Addressee
1 - OLL Chrono
A - LEG File: Polygraph
1 - 0 Signer
1 - D/OLL
1 - DD/OLL
(25 January 1984)
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