In 2001, Congress appeared to partially reverse course, directing DOE to revamp its polygraph screening program, and in so doing to take into account any forthcoming recommendations by the National Academy of Sciences (NAS), which, then under contract with DOE, was reviewing the scientific evidence with regard to the validity and reliability of polygraph testing, particularly when used for personnel security screening [hereafter, referred to as the NAS Report or NAS Study]. After some Members of Congress criticized DOE's initial efforts to revamp its polygraph program to reflect NAS's findings, including its criticism of screening polygraphs, the Department in October 2006 eliminated the use of polygraph testing for screening applicants for employment and employees without specific cause, a policy that remains in effect as of the date of this report. Specifically, the new DOE policy established in 2006 requires mandatory polygraph screening 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. The Intelligence Community uses the polygraph both as an investigative tool and as a screening device. DOE also said a "specific-cause" standard also would "significantly reduce" the number of employees DOE would test. As a result, DOE estimated it will polygraph-test between 2,000 and 2,500 employees in 2006-2007, far less than the estimated more than 20,000 employees who would have been subject to such testing under Secretary Abraham's original plan. Issues for Congress

		Adequacy of the Current Polygraph Program

Beyond monitoring DOE's implementation of its revamped polygraph screening program, Congress may also examine whether the Department's polygraph testing is sufficiently focused on a small enough number of individuals occupying only the most sensitive positions. The NAS Report recommended that the government broaden its research into alternatives to the polygraph. Finally, CIA has claimed that certain classified research suggests that the polygraph is sufficiently accurate.
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 concerning 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.