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Each state has its own public access laws that should be consulted.
foia requests must be in writing (once again, send everything
certified mail, return receipt). See Appendix B for a sample foia
request. Although the foia mandates that a government agency
must make a determination on a request within 20 working days of
receipt (which may be extended by an additional 10 working days),
many agencies routinely fail to comply with the requirements of
the foia. Agencies frequently take months or even years to make a
determination on requests for materials regarding polygraph exam-
inations. Sometimes, agencies never respond at all. You may receive
88 the lie behind the lie detector
a more prompt response if you submit your foia request through
an attorney, or through one of your elected representatives. These
requests are known to be taken far more seriously than requests
from ordinary citizens.
Here are some general guidelines for foia requests, taken from
the U.S. Secret Service web site:
1. a request for records shall be made in writing, signed by the
person making the request, and stating that it is made pursuant
to the Freedom of Information Act, 5 U.S.C. 552;
2. the request shall identify whether the requester is an ed-
ucational institution, non-commercial scientific institution or
representative of the news media subject to fee provision de-
scribed in Section 1.7;
3. the request must be addressed to the component that maintains
the record. Both the envelope and the request itself should be
clearly marked Freedom of Information Act Request ;
4. the request must reasonably describe the records;
5. the request must set forth an address where the person making
the request wants to be notified about whether or not the
request will be granted;
6. the request must state whether the requester wishes to inspect
the records or desires to have a copy made and furnished
without first inspecting them;
7. the request must state a firm agreement of the requester to
pay the fees for duplication, search and/or review as may
ultimately be determined in accordance with Section 1.7 or
request that such fees be reduced or waived and state the
justification for such request.
Below are the addresses to which to send foia requests to the three
federal agencies best known for rejecting applicants based on false
positive polygraph results and the Department of Energy. Web links
for further information are also included. This information is current
as of September 2000.
grievance procedures 89
Department of Energy
http://www.hr.doe.gov/es/foia.htm
Requests for doe records should be sent to:
FOIA OFFICER
US DEPARTMENT OF ENERGY
1000 INDEPENDENCE AVENUE SW
WASHINGTON DC 20585
Drug Enforcement Agency
http://www.usdoj.gov/04foia/index.html
Requests for dea records should be sent to:
KATHERINE L. MYRICK, CHIEF
FREEDOM OF INFORMATION OPERATIONS UNIT
DRUG ENFORCEMENT ADMINISTRATION
DEPARTMENT OF JUSTICE
700 ARMY NAVY DRIVE
ARLINGTON VA 22202
(202) 307-7596
Federal Bureau of Investigation
http://www.usdoj.gov/04foia/index.html
Requests for fbi records should be sent to:
JOHN M. KELSO, JR., CHIEF
FOIPA SECTION
FEDERAL BUREAU OF INVESTIGATION
935 PENNSYLVANIA AVENUE, NW
DEPARTMENT OF JUSTICE
WASHINGTON DC 20535-0001
(202) 324-5520
90 the lie behind the lie detector
United States Secret Service
http://www.treas.gov/usss/index.htm?foia.htm&1
Requests for Secret Service records should be sent to:
FREEDOM OF INFORMATION ACT REQUEST
U.S. SECRET SERVICE
950 H STREET, NW
SUITE 3000
WASHINGTON DC 20001
Keep in mind&
Fees: For information requested for a private, non-commercial pur-
pose, fees are charged for record searches and photocopying. There
is no charge for the first two hours of search time and the first 100
pages of photocopying. The Justice Department (fbi and dea) as-
sumes that you are willing to pay up to $25.00. If they estimate that
providing the records will cost more, they will contact you in writing
before providing them. The Treasury Department (Secret Service)
requires you to state in a foia request the amount that you are
willing to pay. A good idea is to state that you are willing to pay fees
up to $50.00 for any foia request, regardless of the agency from
which you are requesting it. Request that the agency contact you if
costs will be higher.
Describing the Records: Describe your records as broadly as possi-
ble to prevent the agency from withholding something because you
were too specific in your descriptions. A good idea is to request any
and all information about yourself including but not limited to:
1. Your application for employment with the agency;
2. Oral interview evaluation notes and ranking;
3. Polygraph charts and audio/video tapes (if the examination
was taped);
4. Polygraph examiner written reports and evaluations;
5. All other documentation regarding your application;
grievance procedures 91
6. All information maintained in [the agency s] files about you;
7. All information that [the agency] may have entered into a
database about you, regardless of whether or not that database
is directly maintained by [the agency].
See Appendix B for a sample foia request letter.
Notarization: your request must be notarized because it is for Privacy
Act information. This service is available at most banks.
Write Your Elected Representatives
Write your congressman and senators, explaining what happened
and how you were treated. Inform them of the AntiPolygraph.org,
NoPolygraph.com, and StopPolygraph.com web sites. Urge them
to introduce legislation removing the governmental exemption to
the 1988 Employee Polygraph Protection Act. To find the mailing
addresses for your representatives, go to:
http://www.house.gov
http://www.senate.gov
Also, write Senator Charles Grassley and the members of the Senate
Committee on the Judiciary s Subcommittee on Administrative
Oversight and the Courts. Senator Grassley is the chairman of this
subcommittee, which is responsible for the oversight of federal law
enforcement agencies, and he has expressed interest in this issue.
Mailing addresses for members of this subcommittee may be found
at:
http://www.senate.gov/~judiciary/aoctest.htm
In addition, write to your state legislators, and urge them to ban
polygraph screening at the state level. The Minnesota polygraph
statute provided in Appendix C a good model for other states to
follow.
92 the lie behind the lie detector
Investigate Legal Action
Currently, little recourse is available to false positive victims of pre-
employment polygraph exams. Governmental agencies are exempt
from the 1988 Employee Polygraph Protection Act (eppa). Few, if
any, laws regulate polygraphers and their conduct. However, as of
September 2000, one noteworthy legal challenge to pre-employment
polygraph screening is pending.
On 15 March 2000, noted Washington, DC attorney Mark S. Zaid
filed a lawsuit against the dea, fbi, and Secret Service in Federal
District Court on behalf of applicants who were rejected solely on
the basis of polygraph results. (Zaid, 2000) This lawsuit is based on
5th amendment grounds, arguing that the applicants were denied
due process. For further information about the lawsuit, contact Mr.
Zaid at .
Post Your Experience on the Internet
Exercise your 1st Amendment right to free speech by publicly expos-
ing polygraph waste, fraud, and abuse. Post an account of your
experience on-line at AntiPolygraph.org, NoPolygraph.com, or
StopPolygraph.com. Your silence only plays into the hands of those
who have abused you. The webmasters of these non-profit sites are
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