DOE Issues Notice Of Proposed Rulemaking On Polygraph Use

Polygraph an effective component in protecting national secrets

WASHINGTON, D.C. - The Department of Energy (DOE) has published a notice of proposed rulemaking to retain the use of polygraph screening as an effective component of its counterintelligence program to prevent the release or disclosure of classified data, materials or information. This decision was made by Secretary Spencer Abraham in light of the current national security environment, the ongoing military operations in Iraq, and the war on terrorism.

"As the steward of the nation's nuclear weapons stockpile, the Department has an obligation to use the best tools available to protect the most sensitive information from being compromised," Secretary Abraham said. "We will continue to use counterintelligence scope polygraph examinations as one of several tools to screen personnel requiring access to a high-risk information. However, we will also continue to review and take additional views into consideration regarding possible future modifications to improve the program's effectiveness."

DOE is undertaking this action, among other reasons, to satisfy the requirement of section 3152 of the National Defense Authorization Act for Fiscal Year 2002 to prescribe regulations consistent with the Congressionally-specified purpose of minimizing the potential for release or disclosure of classified data, materials, or information. Section 3152 further requires DOE, in formulating regulations, to take into account the National Academy of Sciences' Polygraph Review (NAS Polygraph Review).

The NAS Polygraph Review found that scientific evidence regarding polygraph validity is sparse and of low quality. The NAS's main conclusion is that polygraph testing is accurate enough for event specific investigations but that its costs outweigh its benefits when used for employee screening.

However, in the alternative, the NAS report also concluded that if polygraph screening is used as a trigger for detailed follow-up investigation, and is not the basis for adverse personnel action, "there are good theoretical reasons to think appropriate procedures of this sort would improve detection of deception."

The notice of proposed rulemaking proposes to retain DOE's existing regulations because they are consistent with the statutory purpose of minimizing the risk of disclosure of classified data and because they are compatible with the NAS's alternative conclusion that polygraph screening, if applied as a trigger for follow-on tools versus as a basis for personnel action, can improve detection of deception. DOE's regulations list eight categories of positions which are subject to mandatory polygraph screening of applicants for employment and employees.

"The polygraph is one of many tools we use to protect some of the nation's most sensitive secrets," Secretary Abraham said. "It is not used on a stand-alone basis but as part of a larger fabric of investigative and analytical reviews to help security personnel determine if someone is suitable for access to classified data."

Currently DOE employees and employees of DOE contractors in jobs which involve intelligence activities, counterintelligence activities, and some special access programs protecting highly sensitive information as well as positions providing access to information regarding the design and operation of nuclear weapons are subject to polygraph examinations. A polygraph examination is confined to a counterintelligence scope test. The questions concern espionage, sabotage, terrorism, unauthorized disclosure of classified information, unauthorized foreign contacts, and damage to or misuse of government information systems.

All DOE federal and contractor employees undergoing polygraph screening examinations are afforded the opportunity to voluntarily participate in a survey at the conclusion of the polygraph examinations. The survey includes six broad areas: examinee offended, testing elements unfair, invasion of privacy, enhances security, would retake for a new job, and would retake for an investigation. Thus far in Fiscal Year 2003, of those employees opting to participate in the survey, 97.1 percent of the responses have been favorable.

DOE invites public comments in response to the notice of proposed rulemaking. Members of the public should send their comments to U.S. Department of Energy, Office of Counterintelligence (CN-1), Docket No. CN-03-RM-01, 1000 Independence Avenue. S.W., Washington, D.C. 20585. Alternatively, comments may be e-mailed to: poly@hq.doe.gov. The notice of proposed rulemaking and supporting documentation is available on DOE's internet home page at the following address: http://www.so.doe.gov.

Media Contact: Jeanne Lopatto, 202/586-4940

Release No. PR-03-075

Release Date: April 14, 2003