Security & Polygraphs
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Legislators Respond to Polygraph Protest Letter


The National Academy of Sciences' National Research Council
will conduct a $860,000 review of the scientific evidence on the polygraph. (1/2001)


DOE Polygraph Testing Program Becomes Effective
The Title 10, Code of Federal Regulations (CFR), 709-711 becomes effective 1/8/2000


"DOE Polygraph Implementation Plan Announced"
"The Department of Energy (DOE) is issuing its final rules governing the use of polygraph examinations. In the implementation plan accompanying the final regulations, Secretary of Energy Bill Richardson said he has significantly reduced the number of employees affected so that approximately 800 federal and contractor employees will be subjected to the polygraph test. Under the final rule, certain senior political appointees at the department also will be required to take the examination."
From: The DOE News Release, December 13, 1999 http://www.doe.gov/news/newsnrb.htm
See also: http://home.doe.gov/news/fedreg.htm where the filing ruling will be published.


"Polygraph: Senate Calls On NIH to Examine Polygraph Validity.
A Sense of the Senate resolution attached to the Labor, HHS Appropriations Bill calls on NIH to investigate the validity of the polygraph as a screening tool. A 1983 study by the Office of Technology Assessment found little evidence to support such applications. A letter from Senator Jeff Bingaman (D-NM) to NIH Director Harold Varmus notes that polygraphy is based on theories of psychophysiological phenomena that are "within the technical expertise of the NIH." NIH is asked to initiate and support a study by the National Academy of Sciences updating the 1983 OTA study. Meanwhile, DOE Secretary Bill Richardson, feeling the heat from the labs, has scaled back the testing plan from some 5,000 weapons scientists to about 1,000 people in sensitive jobs. However, if the polygraph doesn't work, no one should be tested."
From: WHAT'S NEW by Robert L. Park Friday, 22 Oct 99 Washington, DC http://www.aps.org/WN/index.html


DOE Delegation Returns to LLNL
October 21, 1999: Deputy Secretary T.J. Glauthier returns to LLNL for a two day visit. Glauthier heads the DOE's task force on racial profiling. The task force will submit it's report in November.

Asian Pacific American (APA) employee's send a letter to DOE Deputy Secretary Glauthier.


DOE Officials say They'll Scale Back Polygraph Use
The Washington Post reported on October 16, 1999, "Instead of imposing the 'lie detector' tests on more than 5,000 scientists and other employees at the nation's three nuclear weapons laboratories, the Department of energy will limit the testing to several hundred people per lab, or a total of about 1,000 employees, DOE officials said."


DOE Public Hearing on Polygraph Examination Regulation
SPSE attended the September 14 hearing in Livermore, California. SPSE President Bill O'Connell presented our objections to the use of polygraphs on DOE contractor employees. Others spoke up as well, and many agreed to publish their statements on our website.

DOE Hearings: September 1999


SPSE Speaks out on Polygraphs
The Society of Professional Scientists and Engineers fully supports effective security measures at the national laboratories. We do not, however, believe that the use of polygraphs is an effective security tool. See our position statement for details. (8/13/99)


DOE Proposes Polygraph Testing Policy
The DOE proposed rule on polygraph testing is in the August 18, 1999 Federal Register. (The DOE proposed modifications on the rules for granting access approval to classified information were published in Monday 8/16 Federal Register.) Comment period for the polygraph rule will go to October 4.

Public hearings will be held, including one in Livermore on September 14, from 9 a.m. to 1 p.m. and 3 p.m. to 7 p.m. in LLNL's Bldg 123, Auditorium. Requests to speak for five minutes at the Livermore hearing must be phoned in by September 10 to Andi Kasarsky, (202) 586-3012.

Hearings will also be held in Albuquerque, New Mexico from 9 a.m. to 1 p.m. and 3 p.m. to 7 p.m.; September 17, 1999, in Los Alamos, New Mexico from 9 a.m. to 1 p.m. and 3 p.m. to 6 p.m.; and September 22, 1999, in Washington D.C. from 9 a.m. to 1 p.m. Requests to speak at these hearings should also be made to Andi Kasarsky, (202) 586-3012.

To review the proposed rulemaking, the URL is http://home.doe.gov/news/fedreg.htm

To access the current day's Federal Register Table of Contents, the URL is http://www.access.gpo.gov/su_docs/aces/fr-cont.html

To browse or search the past issues of the Federal Register, the URL is
http://www.access.gpo.gov/su_docs/aces/aces140.html


DOE Delegation Visits LLNL
DOE Secretary Bill Richardson formed a task force to address the special concerns of employees of Asian descent. These employees are concerned about backlash from the recent allegations of espionage. Deputy Secretary T. J. Glauthier is Chair the commission. On June 30, members of the delegation visited the Lab on a fact-finding mission.

The objectives of the delegation, according to Executive Officer Ron Cochran, are as follows:

"1. Reiterate the secretary's pledge of equity, vigilance and fairness in DOE workplaces.

2. Record observations and opinions of others about the site, the problems, perceptions, etc. Note specifically illustrative incidents and occurrences that relate to the problems.

3. Seek recommendations and ideas that might assist the task force in carrying out its work and the DOE commitment. Report faithfully all input including the perspectives of group representatives, leaders and managers. Include input from community organizations where possible.

4. Meet with managers on entrance and upon exit. Delegates will make their own observations and register their own opinions, including managers' handling of problems."

[See the Lab's entire announcement.]

The delegates attended two meetings with employees at LLNL. The first meeting was limited to Asian American employees. The second was a forum open to all employees. SPSE President Bill O'Connell addressed the delegation during the second meeting. Additional comments were later e-mailed to the commissioners. {Webmaster's Note: Contact information for the commissioners.}


DOE Announces Plan for Polygraphs at the National Labs
Secretary Richardson issued a statement on Wednesday, April 28, 1999, which says among other things that DOE will use polygraphs for DOE scientists working in sensitive programs. http://home.doe.gov/news/releases99/aprpr/prl99026.htm

The current DOE Notice 472.2 applies to DOE employees only (and only for DOE employees in certain sensitive positions, such as intelligence and counter-intelligence, the PSAP program, and a few others). It has a one-year applicability; DOE can renew it, but if DOE takes no such action then it expires in a year. The URL for the Notice is http://www.explorer.doe.gov:1776/pdfs/doe/doetext/neword/472/n4722.html

SPSE learned that there is a parallel draft for Contractor organizations being prepared by DOE, in the Office of General Counsel. In that case, since it is to apply to Contractors, it is being prepared as a Notice of Proposed Rulemaking. It would be published as such in the Federal Register, and give a 60-day period for comments and an opportunity for hearings. The Office of Securiy Affairs said a Notice doesn't have the same process as a Rulemaking. As far as they were aware, the Notice 472.2 (applicable to certain categories of DOE employees) was not presented to DOE employees as a draft for comment before being finalized.

LLNL Director Bruce Tarter's testimony before the Senate Committee on Energy and National Resources in regard to Lab and cyber secutiry can be found at: http://www.llnl.gov/PAO/security_testimony/home.html


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