1. Whether the Employee Polygraph Protection
Act ("EPPA"), 29 U.S.C. §§ 2001 et seq., 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 U.
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.

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