Enhanced content is provided to the user to provide additional context. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. 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. (b) If a covered person terminates a polygraph examination prior to the completion of the examination, DOE may treat that termination as a refusal to complete a CI evaluation under 709.14 of this part. What youre looking for is information to indicate theres an increased risk, he says. (b) If the Program Manager agrees with the recommendation, the Program Manager notifies the covered person that the covered person's access has been approved or retained, or denied or revoked. But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. 1 CFR 1.1 (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. The aim is to build a rapport with the examinee, but also to work up comparison questions that will get the subject thinking, partly by stimulating memories. (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. will bring you directly to the content. (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. There is no bomb. NNSA means DOE's National Nuclear Security Administration. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination. For me thats a very worrying prospect, says Oswald. Waiver of polygraph examination requirements. (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. Its not detecting lies, and shouldnt be thought of as a lie detector. 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. 131. According to the official CBP website, "Polygraph screening has been part of CBP's vetting process since 2008; but in 2010 . DOE administers only DODPI approved testing formats. Marion Oswald, vice-chancellors senior fellow in law at Northumbria University, calls the polygraph an oppressive interrogation tool, a phrase Grubin finds over the top. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. The eCFR is displayed with paragraphs split and indented to follow the hierarchy of the document. 709.21 Requirements for notification of a polygraph examination. However, the counsel or representative may not be present during the polygraph examination. 709.22 Right to counsel or other representation. As a Title 10 was last amended 2/21/2023. In this sense, a counterintelligence polygraph is nearly useless since your 'common person' isn't going to need to lie about being involved with foreign intelligence services. (2) The examiner must have a favorably adjudicated single-scope background investigation, complete a CI-scope polygraph examination, and must hold a Q access authorization, which is necessary for access to Secret Restricted Data and Top Secret National Security Information. Success or failure depends on whether my physiological responses to questions about a bomb threat performed under Grubins direction are stronger than those to the comparison questions. Choosing an item from If discovered by the examiner - either through observation or examinee admission - counter . . (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. I plan on answering the Questions identically as I did the first go. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. sustain its initial counterintelligence investigation when it sought to close that. There is no bomb. During this phase, the individual will usually be given the 1) history, rationale, and legal issues associated with the polygraph examination; and 2) the nature of the questions that will be asked. PRE-TEST PHASE: Following an introduction, initiating an exam, an examine will be asked to sign a consent form stating their willingness to take an FBI polygraph.The examine will also be informed about their right against self-incrimination, as well as the right to speak and consult with . Foster a community-wide culture of innovation. Part 709 also describes the polygraph examination protocols DOE uses, the policies for safeguarding the privacy rights of employees, and the requirements that apply to ensure well qualified and well trained . Human Reliability Program means the program under 10 CFR part 712. 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. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. DIA's polygraph differs from the polygraph program at the Central Intelligence Agency (CIA) and National Security Agency (NSA). Work on relaxing for several days leading up to the polygraph exam. (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. Oftentimes, some of the most reliable people receive inconclusive results on the polygraph exam. Secretary means the Secretary of Energy or the Secretary's designee. Cookie Notice (b) A polygraph examiner may administer no more than five polygraph examinations in any twenty-four hour period. 3. Local commuting area means the geographic area that usually constitutes one area for employment purposes. (3) Department of Defense Polygraph Institute. 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. (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. For more than 60 years NCCA and its predecessor organizations have served as the government's premiere educational center for polygraph and other credibility assessment technologies and techniques. 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. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. If a recommendation is made to deny or revoke access to the information or involvement in the activities that justified conducting the CI evaluation, then all of the polygraph examination records are retained until the final resolution of any request for reconsideration by the covered person or the completion of any ongoing investigation. Engage in regular exercise, eat right, get plenty of sleep and try to avoid seeing the polygraph as a frightening situation. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. (d) Reconsideration Rights. Ian Samples polygraph test at Heaton Mount. As provided for in 709.3(c), a CI evaluation, if conducted on a random basis, will include a CI-scope polygraph examination. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . (d) Specific incident polygraph examinations. citations and headings Why did I fail the polygraph when I tell the truth? Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. You look like a completely different person from the CI charts. Oswald wants an immediate moratorium on polygraphs, an independent review of their usage across police forces and the probation service, and, if tests resume, continuing independent oversight. 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. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. 709.32 Training requirements for polygraph examiners. 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. Before the test proper comes the pre-interview. information or personal data. 709.12 Defining polygraph examination questions. Practicing these beforehand can greatly increase the likelihood that you will "pass" the polygraph examination, but only if you do them right. The federal government uses the polygraph exam to understand an applicants' past behavior, personal connections, and personal integrity. Its central mission is to assist federal agencies in the protection of U.S. citizens, interests, infrastructure, and security by providing credibility assessment training, oversight and research. Can we trust counterintelligence polygraph tests? (a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation. OBSERVATION #2: All nine DoD polygraph programs are in full compliance with the major provisions of current DoD policy requirements found in DoD Directive (DoDD) 5210.48 "Polygraph and Credibility Assessment Program," and DoDI 5210.91 "Polygraph and Credibility Assessment Procedures", with only two procedural exceptions noted. 1. 7. Employee Polygraph Protection Act. Oswald likens the arrangement to the industry marking its own homework and is deeply uneasy about its role in UK justice. Many who undergo a polygraph are just informed if they passed or failed, but don't really know what that means . 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. Deliver premier credibility assessment services to fortify uncompromised intelligence, national security, and law enforcement capabilities. When undergoing a CI Polygraph examination, depending on the issues involved, it may be important to have an attorney. Citation: MacLaren, V.V. I passed, he asked me have u stolen anything . A Full Scope Polygraph test, aka an Expanded Scope Polygraph or Full Scope Poly, is the most thorough form of polygraph test in use to screen security clearance candidates. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. 42 U.S.C. Defense Counterintelligence and Security Agency . Regular and routine means access by individuals without further permission more than two times per calendar quarter. In the end, test outcome and disclosure are both important, and complementary.. 709.5 Waiver of polygraph examination requirements. (b) Obtains written consent from the covered person prior to the polygraph examination. (e) Risk assessment. Reddit and its partners use cookies and similar technologies to provide you with a better experience. DOE standards for polygraph examiners and polygraph examinations. Counter Intelligence stayed within the boundaries of counter intelligence questions. But because of the wide range of human reactions, errors do happen - both false positive and false negative. 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. Tip. 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. The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . The usage of polygraphs by the U.S. Border Patrol is quite new. After that, electrodes are attached to the index and ring fingers. 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. 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. You can If it is for an initial application and employment you will most likely not get the job as agencies and companies have discretion in. Defining polygraph examination questions. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. Requirements for notification of a polygraph examination. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. Sure enough, when my test is over Im told I failed: my responses chiefly the invisible sweating that increased the conductance of my skin spiked when quizzed about planting the bomb and writing the threatening letter. The determining authority shall notify the subject, in writing, that, although the investigation that followed the indication of deception during the polygraph examination did not in and of itself provide an independent basis for . 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. b. 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. .A 2011 meta-analysis by the American Polygraph Association found that polygraph tests using comparison questions had incorrect outcomes about 15% of the time. 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: 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. Have you ever threatened anyone? Daily, I have children. Choosing an item from You look like a completely different person from the CI charts. well, I have failed my first ever polygraph. (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. (b) Submission of Waiver Requests. Covered persons subject to a CI evaluation and polygraph. . (c) Disposition of Waiver Requests. Right to counsel or other representation. 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. The willingness to talk might be very different among terrorists, he says. I'm disappointed in myself. As provided in 709.3(b), DOE also may require a CI-scope polygraph examination. (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. (c) Process. Reporter Ian Sample takes a polygraph test at Heaton Mount, part of the University of Bradford. 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. "Published Edition". This content is from the eCFR and is authoritative but unofficial. The official, published CFR, is updated annually and available below under 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. (d) With the exception of the polygraph report, all other polygraph examination records are destroyed ninety days after the CI evaluation is completed, provided that a favorable recommendation has been made to grant or continue the access to the position. Offenders are also subject to close supervision and behaviour treatment, with polygraph testing only used as an additional tool to ensure they are obeying strict limits on things like internet use, movements and contact with victims.. 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. 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. What do they ask on top secret polygraph? 709.23 Obtaining consent to a polygraph examination. This web site is designed for the current versions of Participation by Office of Intelligence and Counterintelligence personnel in any such evaluation is subject to Executive Order 12333, the DOE Procedures for Intelligence Activities, and other relevant laws, guidelines, and authorities as may be applicable with respect to such matters. I told her no I cant think of anything. (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. A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. Special Access Program or SAP means a program established under Executive Order 12958 for a specific class of classified information that imposes safeguarding and access requirements that exceed those normally required for information at the same classification level. A counterintelligence evaluation consists of a counterintelligence-based review of the covered person's personnel security file and review of other relevant information available to DOE in accordance with applicable guidelines and authorities. 11-30-2016, 10:18 PM Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs. Reply This comes from an overly-developed sense of guilt or nervousness. and our 1/1.1 CI Evaluation Protocols and Protection of National Security. Serve with objectivity and full transparency always. 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. (c) If the Program Manager disagrees with the recommendation of the Director, Office of Intelligence and Counterintelligence, the matter is referred to the Secretary for a final decision. This shift in polygraph priorities was supported in part by a recommendation in A Review of FBI Security Programs, published by the Commission for the Review of the FBI Security Programs (the Webster Commission), dated March 31, 2002.The Webster Commission recommended that the FBI implement a counterintelligence polygraph program for employees and non-FBI personnel with access to Sensitive . (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 government piloted polygraphs for sex offenders and will do the same for those convicted of domestic abuse. The attached DIA brochure gives an idea of what a polygraph entails. 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. DOE, in its sole discretion, may require a CI-scope polygraph examination: (1) If the CI evaluation reveals foreign nexus issues; (2) If a covered person who is an incumbent employee is to be assigned within DOE to activities involving another agency and a polygraph examination is required as a condition of access to the activities by the other agency; or. Conducting polygraph countermeasures education and research. (b) Persons Covered.-Except as provided in subsection (d), the following . 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. Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). (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. First, twin pneumotubes are strapped around the chest and abdomen to record breathing rate. (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. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities .
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