(a) The exemptions allowing for the administration of lie detector
tests in the following paragraphs (b) through (e) of this section apply
only to the Federal Government; they do not allow private employers/
contractors to administer such tests.
(b) Section 7(b)(1) of the Act provides that nothing in the Act
shall be construed to prohibit the administration of any lie detector
test by the Federal Government, in the performance of any
counterintelligence function, to any expert, consultant or employee of
any contractor under contract with the Department of Defense; or with
the Department of Energy, in connection with the atomic energy defense
activities of such Department.
(c) Section 7(b)(2)(A) provides that nothing in the Act shall be
construed to prohibit the administration of any lie detector test by the
Federal Government, in the performance of any intelligence or
counterintelligence function of the National Security Agency, the
Defense Intelligence Agency, or the Central Intelligence Agency, to any
individual employed by, assigned to, or detailed to any such agency; or
any expert or consultant under contract to any such agency; or any
employee of a contractor to such agency; or any individual applying for
a position in any such agency; or any individual assigned to a space
where sensitive cryptologic information is produced, processed, or
stored for any such agency.
(d) Section 7(b)(2)(B) provides that nothing in the Act shall be
construed to prohibit the administration of any lie detector test by the
Federal Government, in the performance of any intelligence or
counterintelligence function, to any expert, or consultant (or employee
of such expert or consultant) under contract with any Federal Government
department, agency, or program whose duties involve access to
information that has been classified at the level of top secret or
designated as being within a special access program under section 4.2
(a) of Executive Order 12356 (or a successor Executive Order).
(e) Section 7(c) provides that nothing in the Act shall be construed
to prohibit the administration of any lie detector test by the Federal
Government, in the performance of any counterintelligence function, to
any employee of a contractor of the Federal Bureau of Investigation of
the Department of Justice who is engaged in the performance of any work
under a contract with the Bureau.
(f) Counterintelligence for purposes of the above paragraphs means
information gathered and activities conducted to protect against
espionage and other clandestine intelligence activities, sabotage,
terrorist activities, or assassinations conducted for or on behalf of
foreign governments, or foreign or domestic organizations or persons.
(g) Lie detector tests of persons described in the above paragraphs
will be administered in accordance with applicable Department of Defense
directives and regulations, or other regulations and directives
governing the use of such tests by the United States Government, as
applicable.
