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• Federation of American Scientists

Summary

Department of Energy (DOE) Deputy Secretary Kyle E. McSlarrow recommended on September 4, 2003, that the DOE issue a proposed regulation by the end of the year that would sharply curtail the use of the polygraph for screening DOE employees with access to classified information.1 McSlarrow said that he has recommended to Energy Secretary Spencer Abraham a mandatory polygraph screening program only for individuals with regular access to the most sensitive information. The result would be to reduce from more than 20,000 to approximately 4,500 the number of DOE and contractor personnel potentially subject to mandatory polygraph tests. McSlarrow cited a 2002 study by the National Academy of Sciences (NAS) that questioned the validity of polygraph testing. In the wake of the Wen Ho Lee case, DOE in March 1999 initiated and later announced a screening polygraph implementation plan affecting approximately 800 DOE federal and contractor employees in certain high-risk programs.2 Congress in October 1999 mandated DOE polygraph testing (P.L. 106-65, Sec. 3154) and expanded the program to cover 13,000 DOE employees. The following year, Congress further expanded polygraph testing to cover approximately 20,000 DOE employees (P.L. 106-398, Sec. 3135). In part because of continuing opposition by some DOE nuclear weapons laboratory employees, Congress in 2001 requested that NAS review the scientific evidence regarding the validity and reliability of the polygraph, particularly when used for personnel security screening. Congress directed DOE to institute a new polygraph program that takes into account the NAS findings (P.L. 107-107, Sec. 3152). The NAS study concluded that while polygraph testing is more effective when used in connection with event-specific investigations, its accuracy is insufficient to justify reliance on its use in screening current and prospective federal agency employees -- DOE's principal purpose in using the polygraph. Although acknowledging the NAS findings, Energy Secretary Abraham announced on April 14, 2003, that DOE would continue to employ screening polygraphs. Some Members of Congress urged that the DOE adopt a more focused polygraph program. McSlarrow's recommendation appears to reflect agreement with that approach. In the meantime, Congress might assess several possible approaches, including retaining the status quo, establishing a more focused polygraph program of the kind proposed by McSlarrow; researching alternatives to the polygraph; and eliminating the polygraph for screening purposes altogether. This report will be updated as warranted.

Related Legislation:
• S.2

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