(1) The Secretary of the Army, the Chief of Staff, and their immediate
advisors.
(2) Department of the Army officials responsible for personnel security,
law enforcement, or the administration of justice, to include counsel in judicial
or administrative proceedings arising as a result of the investigation.
b. The results are not available outside the Department of the Army except
to:
(1) Officials of the Office of the Secretary of Defense or another DOD
component corresponding to those listed in paragraph 1-7i, AR 195-6.
(2) Other federal officials, charged with intelligence, security, or law
enforcement responsibilities with a clear need to know.
(3) State law enforcement officials where the results indicate an alleged
violation of state law or that a serious crime is likely to be committed.
(4) Legal counsel for the person examined, upon request, and is therefore,
subject to provisions for safeguarding defense information.
(5) And
other
persons
as
the
Secretary
of
the
Army
personally
may
determine.
c. Any request received by an investigative agency from the agencies
listed
in 15b(3) above, will be referred to the USACIDC. Any request received from
any of
the other agencies listed in a above, may be filled by the investigative
agency
concerned, provided that examination results are still available; if all
copies
have already been destroyed, the request will be forwarded to USACIDC.
16. Legal Status.
a. If a person agrees to a polygraph test after having been advised of his
rights (paragraph 9), then his rights have not been violated. The facts obtained
can be used.
b. A legally obtained statement, admission, or confession obtained during a
polygraph test may be entered into evidence; the use of the polygraph does not
alter this fact.
If the examiner received an oral statement, admission, or
confession, he may testify in court about it.
The investigator should, however,
take the written statement.
The examiner, then, may be called, if necessary, to
testify in court as to the voluntary nature of the statement, admission, or
confession.
c. Polygraph
examiners
and
their
equipment
must
not
be
used
in
violation of the Posse Comitatus Act.
This law prohibits the Armed Forces
from
executing
civil
law
in
the
United
States,
its
territories,
and
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