709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. (a) Describes the categories of individuals who are subject for counterintelligence evaluation processing; (b) Provides guidelines for the counterintelligence evaluation process, including the use of counterintelligence-scope polygraph examinations, and for the use of event-specific polygraph examinations; and. 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. Another review for the MoJ in 2012 was similarly positive, finding more clinically significant disclosures, while nearly half of those polygraphed said the tests made them more likely to abide by their licence conditions. Relevant questions are those questions used during the polygraph examination that pertain directly to the issues for which the examination is being conducted. She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered anything. (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. 00:00. 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. Local commuting area means the geographic area that usually constitutes one area for employment purposes. viable counterintelligence investigationor any investigationinitiated by. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. In support of the single issue tests given to sex offenders it cites an 89% decision accuracy rate taken from an American Polygraph Association meta-analysis of 45 experiments and surveys. Serve with objectivity and full transparency always. I planted a pretend bomb a shoebox filled with webcams and wires and Im relying on my physiology to share the pedantic, but surely relevant, distinction. Polygraph Examination and Examiner Standards. (3) Any covered person in the interest of national security. View the most recent official publication: These links go to the official, published CFR, which is updated annually. The polygraph test is given three times with the order of the questions changed on each occasion. We mustnt stop thinking about, or developing, other ways to deter offenders.. failed counterintelligence polygraph. PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. A lengthy review by the US National Research Council in 2003 found that a century of research had failed to make much headway on the science behind the polygraph. The domestic abuse bill and the counter-terrorism and sentencing bill, both passing through the Lords, provide for regular, mandatory testing of domestic abuse offenders, suspected terrorists and convicted terrorists on release. Except as provided in 709.5 of this part with regard to waivers, a CI evaluation, which may include a CI-scope polygraph examination, is required for any covered person in any category under paragraph (b) of this section who will have or has access to classified information or materials protected under this paragraph. Defining polygraph examination questions. . and our Significant response means an opinion that the analysis of the polygraph charts reveals consistent, significant, timely physiological responses to the relevant questions. It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. (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. (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. A trainee polygraph examiner, she is hunched over a laptop monitoring my reaction to her questions via sensors on my hand, arm and around my chest. Failed poly. 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. Subpart D - Polygraph Examination and Examiner Standards. Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. The science behind the polygraph is vague and contested. Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. Determining the standards for and conducting polygraph initial and continuing education. Covered persons subject to a CI evaluation and polygraph. Many applicants worry that . Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. guide. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. (e). 2014). Scope of a counterintelligence evaluation. The chart shows seat pad activity in magenta, breathing rate in blue, electrodermal activity (sweating) in green, heart activity (red) and blood flow (black). If you work for a Federal agency, use this drafting Defense Counterintelligence and Security Agency . A Ministry of Justice spokesperson said: Polygraph testing of sex offenders has helped to keep the public safe and these new laws provide another reliable tool to monitor terrorists released from prison and allow us to test whether it is equally effective with domestic abusers. (e) Risk assessment. Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination. While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. Questions asked could concern drug and alcohol use, sexual misconduct, mental health, family relationships, compulsive or addictive . Well he asked me have i done any undetected crimes, by the way he explained to me that an undetected crime is stealing anything that doesnt belong to me anything bad that i have done that was undetected, money, clothes etc. (c) DOE must afford the full privacy protection provided by law to information regarding a covered person's refusal to participate in a CI evaluation to include a polygraph examination and the completion of other pertinent documentation. What do they ask on top secret polygraph? FAR). But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. The FBI polygraph takes approximately two to four hours to complete and is generally given in three phases. As the UK government plans to extend the use of lie detectors to terrorism and domestic abuse, our science editor puts himself in the hot seat. (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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. 709.25 Limits on use of polygraph examination results that reflect Significant Response or No Opinion. 3. citations and headings will bring you directly to the content. (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. NNSA means DOE's National Nuclear Security Administration. (g) Not less than once every calendar year quarter, the responsible Program Manager must provide a list of all incumbent employees who are covered persons under paragraphs (b) and (c) of this section to the Director of the Office of Intelligence and Counterintelligence. For cases indicating that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power, DOE is required by 50 U.S.C. Currently, he is a professor of the practice at the Bush School of Government and Public Service of Texas A&M University. This is why polygraph results are inadmissible in federal court, even when a defendant wants to submit one that they hope to show demonstrates their innocence. A polygraph exam tests your baseline vital signs followed by a series of "control" questions that will have a few relevant questions intermixed. When undergoing a CI Polygraph examination, depending on the issues involved, it may be important to have an attorney. Deliver premier credibility assessment services to fortify uncompromised intelligence, national security, and law enforcement capabilities. 709.24 Other information provided to a covered person prior to a polygraph examination. If the results of a counterintelligence evaluation are not dispositive, the Director of the Office of Intelligence and Counterintelligence may convene a Counterintelligence Evaluation Review Board to obtain the individual views of each member as assistance in resolving counterintelligence issues identified during a counterintelligence evaluation. I basically just sat there in the chair bummed out for 30 minutes while she disappeared. The equipment measures physiological responses, but responses to what, and the meaning of them, are open questions. There are 10 trainees on the course at Heaton Mount, a 19th-century mansion in leafy north Bradford, where police and probation officers attend lectures and practical sessions on the polygraph. (a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . (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. Defense Counterintelligence and Security Agency. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 49 CFR 172.101 While failing a test would not in itself mean prison time, fresh disclosures, investigations prompted by failed tests, attempting to beat the polygraph, refusing a test or remaining silent in a test, could all trigger a recall. System Administrator means any individual who has privileged system, data, or software access that permits that individual to exceed the authorization of a normal system user and thereby override, alter, or negate integrity verification and accountability procedures or other automated and/or technical safeguards provided by the systems security assets for normal users. For Don Grubin, emeritus professor of forensic psychiatry at Newcastle University and director of Behavioural Measures which runs the Heaton Mount training course, the polygraph is a means of gaining fresh information, an additional tool to help manage offenders. The usage of polygraphs by the U.S. Border Patrol is quite new. Oswald likens the arrangement to the industry marking its own homework and is deeply uneasy about its role in UK justice. As provided for in 709.3(c), a CI evaluation, if conducted on a random basis, will include a CI-scope polygraph examination. 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. information or personal data. No changes found for this content after 1/03/2017. Counterintelligence program office means the Office of Counterintelligence in the Office of Intelligence and Counterintelligence (and any successor office to which that office's duties and authorities may be reassigned). A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. Program Manager means a DOE official designated by the Secretary or the Head of a DOE Element to make an access determination under this part. (d) Specific incident polygraph examinations. ok i failed my first polygraph, trust me i was nervous as a hard attack. She tells me to sit still. 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. This comes from an overly-developed sense of guilt or nervousness. DOE means the Department of Energy including the National Nuclear Security Administration (NNSA). Practicing these beforehand can greatly increase the likelihood that you will "pass" the polygraph examination, but only if you do them right. (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. They could argue that the system is flawed or that the result is a . 71 FR 57392, Sept. 29, 2006, unless otherwise noted. Practice the countermeasures in advance. The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. Part of this is due to the long-standing perceived counterintelligence benefits. For me thats a very worrying prospect, says Oswald. This contact form is only for website help or website suggestions. We recommend you directly contact the agency responsible for the content in question. (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. I plan on answering the Questions identically as I did the first go. But is there any truth in it? Yesterday I took a FS poly (CI + Lifestyle) and was told that I passed the CI portion with flying colors but failed the lifestyle portion. (g) For cases involving a question of loyalty to the United States, the Director of the Office of Intelligence and Counterintelligence may refer the matter to the FBI as required by section 145d of the Atomic Energy Act of 1954. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. (a) Mandatory CI evaluation. But some choose to disclose fresh information, even breaches of their licence. (a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation. The official, published CFR, is updated annually and available below under Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. Navigate by entering citations or phrases The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Polygraph instrument means a diagnostic instrument used during a polygraph examination, which is capable of monitoring, recording and/or measuring at a minimum, respiratory, electrodermal, and cardiovascular activity as a response to verbal or visual stimuli. Debate about the scientific validity of polygraphs continues. Tip. What scenarios did you remember you arent telling me? She didnt mention a specific question. DOE must provide a copy of this part to the covered person. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment. No, I answer. National security information means information that has been determined pursuant to Executive Order 12958, as amended by Executive Order 13292, or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. Reproduced with permission from Polygraph, the journal of the American Polygraph Association. DOE may not ask lifestyle questions or Subpart B - CI Evaluation Protocols and Protection of National Security. As a Grubin believes the polygraph reveals the importance of a question to the individual under test, its emotional significance, and the cognitive work required if they lie when answering. This document is available in the following developer friendly formats: Information and documentation can be found in our According to the official CBP website, "Polygraph screening has been part of CBP's vetting process since 2008; but in 2010 . 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. "Published Edition". Its a bad idea if people over-believe in the effectiveness of polygraphs. Counter-Measures. The Director shall obtain the concurrence of the Secretary in his or her decision on a request for waiver under 709.5(a)(3) and shall obtain the concurrence of the Administrator of NNSA in a decision on a waiver request from an NNSA covered person under 709.5(a)(1) and 709.5(a)(2). Is there even any reason to go? DOE may not administer a polygraph examination unless DOE: (a) Notifies the covered person of the polygraph examination in writing in accordance with 709.21 of this part; and. Why did I fail the polygraph when I tell the truth? This is an automated process for If people reapply for law enforcement positions across the country, they are usually asked to report the fact, and some departments can share their polygraph results with other agencies in the same state. 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.
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