The Department of Energy's proposed polygraph rule has been published in the Federal Register at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-248.htm online.
The rule will include the following requirements regarding mandatory and random polygraph testing:
Categories of federal and contractor employees subject to mandatory evaluations, including polygraphs, no less than every five years would include: Office of Counterintelligence-related employees; most Office of Intelligence-related employees; non-intelligence special access programs designated by the secretary; individuals with regular and routine access to Top Secret Restricted Data; individuals with regular and routine access to Top Secret National Security Information; and individuals designated by program managers in certain DOE offices and programs with approval of the secretary.
Beyond core coverage, evaluations, to include polygraphs, of federal and contractor employees may be randomly scheduled for Office of Security-related employees; Office of Emergency Operations-related employees; Office of Independent Oversight and Performance Assurance-related employees; Sigma 14 and 15 employees and those who have regular and routine access to weapons concepts and designs that could produce improvised nuclear devices; and system administrators for systems containing classified information.
Last year, DOE Deputy Secretary Kyle McSlarrow testified before the Senate Committee on Natural Resources on DOE's efforts regarding a new polygraph examination and announced substantial changes to the policy. The policy reduces the number of polygraphs performed across the complex and requires mandatory testing for only those individuals with access to the most sensitive information.
Written comments (10 copies) to this proposed policy are due March 8. Oral comments, data and arguments also may be presented at a public hearing, held at 1000 Independence in Washington, D.C., at 10 a.m. (EST) on March 2. To speak at this hearing, contact Andi Kasarsky at (202) 586-3012.
Each oral presentation is limited to 10 minutes. The hearing will last as long as there are persons requesting an opportunity to speak.
Written comments or notification of intent to speak at the public hearing should be sent to the Department of Energy's Office of Counterintelligence, Docket No. CN-03-RM-01, 1000 Independence Avenue. S.W., Washington, D.C. 20585. Alternatively, comments or notification can be sent to poly@cn.doe.gov by electronic mail.
McSlarrow's testimony is located at http://www.energy.gov/engine/content.do?PUBLIC_ID=14087&BT_CODE=PR_CONGRESSTEST&TT_CODE=PRESSSPEECH online.