(a) Take an adverse personnel action against a covered person or make an adverse access recommendation solely on the basis of a polygraph examination result of significant response or no opinion; or. Regulation Y information or personal data. As provided for in 709.3(c), a CI evaluation, if conducted on a random basis, will include a CI-scope polygraph examination. Part of this is due to the long-standing perceived counterintelligence benefits. Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. Human Reliability Program means the program under 10 CFR part 712. (3) The examiner must receive basic Forensic Psychophysiological Detection of Deception training from the DODPI. (3) Any covered person in the interest of national security. (c) If a DOE employee refuses to take a CI polygraph examination, DOE may not record the fact of that refusal in the employee's personnel file. The FBI polygraph takes approximately two to four hours to complete and is generally given in three phases. Auditing federal polygraph programs to ensure that they are compliant with federal policy, practices, and standards. (a) If a covered person is an applicant for employment or assignment or a potential detailee or assignee with regard to an identified position and the covered person refuses to complete a CI evaluation including a polygraph examination required by this part as an initial condition of access, DOE and its contractors must refuse to employ, assign, or detail that covered person with regard to the identified position. failed counterintelligence polygraph. A failed counterintelligence polygraph is not grounds for dismissal, it is grounds for an investigation to see if there has indeed been any security breach. No, I answer. (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. 11-30-2016, 10:18 PM 709.15 Processing counterintelligence evaluation results. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. Truth is I didnt plant a bomb. After that, electrodes are attached to the index and ring fingers. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . 2011, et seq., 7101, et seq., 7144b, et seq., 7383h-1; 50 U.S.C. 709.12 Defining polygraph examination questions. First, twin pneumotubes are strapped around the chest and abdomen to record breathing rate. (d) Reconsideration Rights. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. In response to specific facts or circumstances with potential counterintelligence implications with a defined foreign nexus, the Director of the Office of Intelligence and Counterintelligence (or, in the case of a covered person in NNSA, the Administrator of NNSA, after consideration of the recommendation of the Director, Office of Intelligence and Counterintelligence) may require a covered person with access to DOE classified information or materials to consent to and take an event-specific polygraph examination. The covered person must receive the notification at least ten days, excluding weekend days and holidays, before the time of the examination except when good cause is shown or when the covered person waives the advance notice provision. Notification of approval of a waiver request will contain information regarding the duration of the waiver and any other relevant information. Grubins training course is accredited by the American Polygraph Association which sets standards and codes of practice. This content is from the eCFR and may include recent changes applied to the CFR. 709.24 Other information provided to a covered person prior to a polygraph examination. I passed, he asked me have u stolen anything . In addition, in the circumstances described in this paragraph, any covered person with access to DOE classified information or material may request a polygraph examination. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. Requirements for notification of a polygraph examination. Foreign nexus means specific indications that a covered person is or may be engaged in clandestine or unreported relationships with foreign powers, organizations or persons, or international terrorists; contacts with foreign intelligence services; or other hostile activities directed against DOE facilities, property, personnel, programs or contractors by or on behalf of foreign powers, organizations or persons, or international terrorists. The polygraph remains much the same as it was originally devised at the beginning of the 20 th century and still remains in use by the whole U.S. Intelligence Community and various members of the local, state, and federal law enforcement communities. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. 709.31 DOE standards for polygraph examiners and polygraph examinations. Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. The survey sample included 699 of the largest police agencies in the United States, excluding federal agencies, and produced usable returns from 626 agencies, a response rate of 90%. Reply In my case, even though I didnt plant a real bomb, I did hide a pretend one under a staircase and write a bomb threat letter. But Grubin says the findings show polygraphs used in this way are significantly better than chance. Counter-Intelligence (CI Polygraph) According to Wettering, this is "where the counterintelligence community has traditionally failed badly, and continues to do so." [26] The DOE needed to employ rigorous background investigations and re-investigations, polygraph examinations, and the 'need to know' principle. The only way to tell for sure if one has "passed" or "failed" a polygraph "test" is when the official results are sent in writing. Choosing an item from Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . (3) If a covered person who is an incumbent employee is proposed to be assigned or detailed to another agency and the receiving agency requests DOE to administer a polygraph examination as a condition of the assignment or detail. 1/1.1 What were your thinking about? Employee Polygraph Protection Act. formatting. Counterintelligence-scope or CI-scope polygraph examination means a polygraph examination using questions reasonably calculated to obtain counterintelligence information, including questions relating to espionage, sabotage, terrorism, unauthorized disclosure of classified information, deliberate damage to or malicious misuse of a United States Government information or defense system, and unauthorized contact with foreign nationals. Active duty military don't have to do a lifestyle polygraph. (3) Department of Defense Polygraph Institute. Final disposition of CI evaluation findings and recommendations. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. Even then, in some rare cases, a declaration of "passing" can be rescinded, as it was when Wen Ho Lee was polygraphed (highly unlikely in your case). Original reporting and incisive analysis, direct from the Guardian every morning. Learn more about the eCFR, its status, and the editorial process. (b) A covered person has the right to consult with legal counsel or another representative at any time during an interview conducted in accordance with 709.15 of this part. But Ray Bull, professor of criminal investigation at the University of Derby, points out that some sex offenders may confess bad behaviour because they dont want to commit awful crimes. 709.13 Implications of refusal to take a polygraph examination. Oftentimes, some of the most reliable people receive inconclusive results on the polygraph exam. The Ministry of Justices enthusiasm for polygraphs has been buoyed by their perceived success with sex offenders. When Lord Falconer, the shadow attorney general, called for such a pilot, Lord Wolfson, the parliamentary under-secretary of state for justice, said the sex offender pilot had already provided extremely positive results and there were too few terrorists for a trial to be meaningful. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. site when drafting amendatory language for Federal regulations: This is an automated process for A Counterintelligence Evaluation Review Board is chaired by the Director of the Office of Intelligence and Counterintelligence (or his/her designee) and includes representation from the appropriate line Program Managers, lab/site/facility management (if a contractor employee is involved), NNSA, if the unresolved issues involve an NNSA covered person, the DOE Office of Health, Safety and Security and security directors for the DOE or NNSA site or operations office. THE COUNTERINTELLIGENCE POLYGRAPH A Counterintelligence Polygraph asks the candidate questions limited to those necessary to determine whether the examinee ever had any involvement with or knowledge of espionage/sabotage against the United States, unauthorized contact with representatives of a foreign government, or unauthorized disclosure of . DOE standards for polygraph examiners and polygraph examinations. Right to counsel or other representation. (a) Following completion of a CI evaluation, the Director of the Office of Intelligence and Counterintelligence must recommend, in writing, to the appropriate Program Manager that the covered person's access be approved or retained, or denied or revoked. sustain its initial counterintelligence investigation when it sought to close that. Polygraph examination means all activities that take place between a Polygraph Examiner and an examinee (person taking the test) during a specific series of interactions, including the pretest interview, the use of the polygraph instrument to collect physiological data from the examinee while presenting a series of tests, the test data analysis phase, and the post-test phase. However, a full-scope polygraph could be useful if the requesting agency wants to have a bit more trust in common employees and is particularly worried about how . Top Secret means the security classification that is applied to DOE-generated information or material the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. 709.22 Right to counsel or other representation. But because of the wide range of human reactions, errors do happen - both false positive and false negative. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. But now the controversial technique is poised to become more widespread in the British justice system. For example, if the administrator asks you if you've used drugs in the last 7 years, snorting Pixie Sticks in high school doesn't count. The official, published CFR, is updated annually and available below under 1 CFR 1.1 (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. It is not an official legal edition of the CFR. (d) If the Program Manager denies or revokes a DOE employee's access, DOE may reassign the employee or realign the employee's duties within the local commuting area or take other actions consistent with the denial of access. What do they ask on top secret polygraph? I was 100% honest on both the CI and lifestyle sections. Another concern raised by the counter-terrorism and sentencing bill is the use of polygraphs to help assess whether terrorism suspects are complying with Tpim (Terrorism Prevention and Investigation Measures) notices. (b) If a covered person is an incumbent employee in an identified position subject to a CI evaluation including a polygraph examination under 709.3(b), (c), or (d), and the covered person refuses to complete a CI evaluation, DOE and its contractors must deny that covered person access to classified information and materials protected under 709.3(b) and (c) and may take other actions consistent with the denial of access, including administrative review of access authorization under 10 CFR part 710. There is no pilot planned for counter-terrorism uses. These are questions I faced. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. They could argue that the system is flawed or that the result is a false positive. Title 10 was last amended 2/21/2023. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . 709.17 Final disposition of CI evaluation findings and recommendations. For me thats a very worrying prospect, says Oswald. The American Polygraph Association is not an independent scientific body, its a trade association, so theres a link between commercial interests, the rollout of these tests, and the incorporation of these APA requirements in to UK law, she says. If the covered person is a DOE employee, DOE may reassign or realign the DOE employee's duties, or take other action, consistent with that denial of access and applicable personnel regulations. A polygraph exam tests your baseline vital signs followed by a series of "control" questions that will have a few relevant questions intermixed. (c), oversight in subsec. Defense Counterintelligence and Security Agency . 49 CFR 172.101 Practicing these beforehand can greatly increase the likelihood that you will "pass" the polygraph examination, but only if you do them right. Covered person means an applicant for employment with DOE or a DOE contractor, a DOE employee, a DOE contractor employee, and an assignee or detailee to DOE from another agency. If you have questions or comments regarding a published document please Establishes and implements policy, assigns responsibilities, and provides procedures governing the use of polygraph and other approved credibility assessment tools in accordance with the guidance in DoD Directive (DoDD) 5210.48 (Reference (d)) and the authority in DoDD (2) With regard to a contractor employee, the discharge, discipline, or denial of employment or promotion, or any other discrimination in regard to hire or tenure of employment or any term or condition of employment. Training requirements for polygraph examiners. (d) To be certified under paragraph (c) of this section, an examiner must have the following minimum qualifications: (1) The examiner must be an experienced CI or criminal investigator with extensive additional training in using computerized instrumentation in Psychophysiological Detection of Deception and in psychology, physiology, interviewing, and interrogation. Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. I told her no I cant think of anything. Did you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. Is there even any reason to go? Many claim to know the signs of deception when they see them. Other evidence appears to support their use. (a) Subject to 709.14 of this part, a covered person may refuse to take a polygraph examination pursuant to 709.3 of this part, and a covered person being examined may terminate the examination at any time. The examiner determines the exact wording of the polygraph questions based on the examiner's pretest interview of the covered person, the covered person's understanding of the questions, established test question procedures from the Department of Defense Polygraph Institute, and other input from the covered person. (1) With regard to a DOE employee, the removal, suspension for more than 14 days, reduction in grade or pay, or a furlough of 30 days or less as described in 5 U.S.C. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. CI Evaluation Protocols and Protection of National Security. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. They will use the procedure lie detector tests to help assess whether convicted sex offenders out on licence are complying with the conditions of their release. However, the counsel or representative may not be present during the polygraph examination. 00:00. (a) General. (c) Random CI evaluation. very investigation without an interview of General Flynn. The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . A failed counterintelligence polygraph is not grounds for dismissal, it is grounds for an investigation to see if there has indeed been any security breach. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. Upon a waiver request submitted under paragraph (b) of this section, DOE may waive the CI-scope polygraph examination under 709.3 of this part for: (1) Any covered person based upon certification from another Federal agency that the covered person has successfully completed a full scope or CI-scope polygraph examination administered within the previous five years; (2) Any covered person who is being treated for a medical or psychological condition that, based upon consultation with the covered person and appropriate medical personnel, would preclude the covered person from being tested; or. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. (e) Utilizing the DOE security criteria in 10 CFR part 710, the Director, Office of Intelligence and Counterintelligence, makes a determination whether a covered person completing a CI evaluation has made disclosures that warrant referral, as appropriate, to the Office of Health, Safety and Security or the Manager of the applicable DOE/NNSA Site, Operations Office or Service Center. Have you ever threatened anyone? Daily, I have children. (Counterintelligence and Security) Memorandum (Reference (c)). Do you believe youll only be asked the questions we discussed? learn more about the process here. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. Follow your usual routine. FAR). The Polygraph Confessional. . In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. The polygraph examiner is required to tell you the questions ahead of time. Many who undergo a polygraph are just informed if they passed or failed, but don't really know what that means . Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination. A polygraph exam is not just a pass/fail issue. But without knowing how I would have responded before the mock crimes, I cant be sure I just care more about bombs than anything else Im asked about. They could argue that the system is flawed or that the result is a . But Grubin argues theres no evidence of this being an issue, adding that the risk is no greater than for other measures, such as criminal record checks and tagging. If a waiver is denied, the covered person may file with the Secretary a request for reconsideration of the denial within 30 days of receipt of the decision, and the Secretary's decision will be issued prior to the administration of a polygraph examination. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. As the name implies, it can include all the standard questions of both the Counterintelligence or CI Polygraph and the Lifestyle Polygraph tests and is designed to be . Secret means the security classification that is applied to DOE-generated information or material the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security. Waiver of polygraph examination requirements. Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. Except as provided in 709.5 of this part with regard to waivers, DOE may require a CI evaluation, including a CI-scope polygraph examination, of covered persons who are incumbent employees selected on a random basis from the following: (1) All covered persons identified in 709.3(b); (2) All employees in the Office of Independent Oversight (or any successor office) within the Office of Health, Safety and Security because of access to classified information regarding the inspection and assessment of safeguards and security functions, including cyber security, of the DOE; (3) All employees in other elements of the Office of Health, Safety and Security (or any successor office) because of their access to classified information; (4) All employees in the NNSA Office of Emergency Operations (OEO or any successor office) including DOE field offices or contractors who support OEO because of their access to classified information; (5) All employees with regular and routine access to classified information concerning: The design and function of nuclear weapons use control systems, features, and their components (currently designated as Sigma 15); vulnerability of nuclear weapons to deliberate unauthorized nuclear detonation (currently designated as Sigma 14); and improvised nuclear device concepts or designs; and. The eCFR is displayed with paragraphs split and indented to follow Defining polygraph examination questions. Prof Gershon Ben-Shakhar, an Israeli psychologist who has studied polygraphs for 50 years, argues that such accuracy estimates are based on flawed studies and cannot be trusted. The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. (b) The Office of Intelligence and Counterintelligence, in coordination with NNSA with regard to issues concerning a NNSA covered person, may conduct an in-depth interview with the covered person, may request relevant information from the covered person, and may arrange for the covered person to undergo an additional polygraph examination. The government piloted polygraphs for sex offenders and will do the same for those convicted of domestic abuse. and our Topics within the scope of a polygraph examination. Unresolved issues means an opinion by a CI evaluator that the analysis of the information developed during a CI evaluation remains inconclusive and needs further clarification before a CI access recommendation can be made. Conducting polygraph countermeasures education and research. If you work for a Federal agency, use this drafting Defense Counterintelligence and Security Agency. Such an evaluation is required for covered persons who are incumbent employees at least once every five years. here. (b) Examiners must undergo annual continuing education for a minimum of forty hours training within the discipline of Forensic Psychophysiological Detection of Deception. The National Center for Credibility Assessments (NCCA) mission is NCCA carries out its mission by: to lead the credibility assessment enterprise by delivering premier training and education; program oversight; technical support; and research, development, testing, and evaluation (RDT&E) services. She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered anything. Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. (b) Paragraph (a) of this section applies to covered persons: (1) In an intelligence or counterintelligence program office (or with programmatic reporting responsibility to an intelligence or counterintelligence program office) because of access to classified intelligence information, or sources, or methods; (2) With access to Sensitive Compartmented Information; (3) With access to information that is protected within a non-intelligence Special Access Program (SAP) designated by the Secretary; (4) With regular and routine access to Top Secret Restricted Data; (5) With regular and routine access to Top Secret National Security Information; and. The topics covered in the counterintelligence-scope polygraph examination are identical to those used by the eleven other U.S. federal agencies that use polygraph examinations for screening purposes. (e) If the Program Manager revokes the access of a covered person assigned or detailed to DOE, DOE may remove the assignee or detailee from access to the information that justified the CI evaluation and return the assignee or detailee to the agency of origin. Contractor means any industrial, educational, commercial, or other entity, assistance recipient, or licensee, including an individual who has executed an agreement with DOE for the purpose of performing under a contract, license, or other agreement, and including any subcontractors of any tier. Debate about the scientific validity of polygraphs continues. Methods to beat the test often rely on inducing a response to the comparison questions squeezing a drawing pin between your toes, for example but Grubin suggests this is easier said than done: it takes practice and it helps to have a polygraph to hone the skill on. Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). will bring you directly to the content. Trained examiners are supervised and the charts from their tests reviewed by Grubin or other practitioners.
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