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Summary

Four years after Congress directed the Department of Energy (DOE) to revamp its polygraph program, taking into account a 2003 National Academy of Sciences (NAS) report that questioned the scientific basis for the accuracy of polygraph testing, particularly when used to "screen" employees, DOE promulgated a regulation on October 30, 2006, that eliminated polygraph screening tests without specific cause. DOE said its counterintelligence evaluation policies were now consistent with existing Intelligence Community practices and the NAS 2003 report's recommendations, particularly for cases when polygraph tests were used for screening purposes rather than for investigating specific events. Under its 2006 regulation, DOE requires that an applicant or employee be polygraph tested only if one of the following five causes is triggered: (1) a counterintelligence evaluation of an applicant or employee reveals that the individual may be engaged in certain activities, including clandestine or unreported relationships with foreign powers, organizations, or persons; (2) an employee is to be assigned to certain activities within DOE which involve another agency, and that agency requires a polygraph examination; (3) an agency to which a DOE employee will be assigned requests that DOE administer a polygraph examination as a condition of the assignment; (4) an employee is selected for a random counterintelligence evaluation, including a polygraph test; or (5) an employee is required to take a specific-incident polygraph examination. DOE said that by adopting a "specific-cause" polygraph testing standard, it significantly reduced the number of "covered employees" subject to polygraph examinations, from an earlier estimate of more than 20,000 employees to between 2,000 to 2,500 employees in 2006-2007. The value of polygraph testing, with its associated uncertainties, has been a part of Congress's continuing oversight interest for DOE. This report examines how DOE's polygraph testing program has evolved and reviews certain scientific findings with regard to the polygraph's scientific validity. Several issues include whether: DOE's new screening program is focused on an appropriate number of individuals occupying only the most sensitive positions; the program should be expanded in order to adequately safeguard certain classified information; further research into the polygraph's scientific validity is needed; there are possible alternatives to the polygraph; and whether DOE should continue polygraph screening. Possible options include a more focused polygraph screening program, an expanded polygraph program, additional research into the polygraph's scientific validity, and eliminating the use of the polygraph to screen applicants and employees. This report will be updated as warranted.

Related Legislation:
• S.2003
• S.2006

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