Whether the Employee Polygraph Protection Act supersedes the National Industrial Security Program Operating Manual's authorization of federal agencies to require polygraphs of employees of federal contractors to determine their eligibility for a security clearance

QUESTIONS PRESENTED 1. Whether the Employee Polygraph Protection Act (“EPPA”), 29 U.S.C. §§ 2001 et seg., which prohibits private employers from directly or indirectly requiring, requesting, suggesting, or causing any employee to submit to a polygraph examination, supersedes the National Industrial Security Program Operating Manual (““NISPOM”), which explicitly authorizes federal agencies to require polygraphs of employees of federal contractors to determine their eligibility for a security clearance. 2. Whether the rule proscribing judicial review of Executive Branch security clearance determinations announced by this Court in Department of Navy v. Egan, 484 U.S. 518 (1988) extends to government contractors who assist the government in conducting polygraph examinations of the contractor’s employees to determine whether their security clearance should be revoked.