If you have questions or comments regarding a published document please Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. Reporter Ian Sample takes a polygraph test at Heaton Mount, part of the University of Bradford. Follow your usual routine. Privacy Policy. (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. Intelligence means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations or foreign persons. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. 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. DOE must provide a copy of this part to the covered person. 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. The Polygraph Confessional. 709.31 DOE standards for polygraph examiners and polygraph examinations. Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. 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. https://www.ecfr.gov/current/title-10/chapter-III/part-709. DOE may not ask lifestyle questions or We recommend you directly contact the agency responsible for the content in question. Determining the standards for and conducting polygraph initial and continuing education. Defense Counterintelligence and Security Agency. Polygraph Examination and Examiner Standards. (b) Examiners must undergo annual continuing education for a minimum of forty hours training within the discipline of Forensic Psychophysiological Detection of Deception. 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. 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. will also bring you to search results. 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). This contact form is only for website help or website suggestions. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. DOE administers only DODPI approved testing formats. The attached DIA brochure gives an idea of what a polygraph entails. The willingness to talk might be very different among terrorists, he says. Such an evaluation is required for covered persons who are incumbent employees at least once every five years. Its central mission is to assist federal agencies in the . Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. (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. 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. site when drafting amendatory language for Federal regulations: formatting. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . As provided for in 709.3(c), a CI evaluation, if conducted on a random basis, will include a CI-scope polygraph examination. 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. (a) Mandatory CI evaluation. This comes from an overly-developed sense of guilt or nervousness. When all this is strapped, wrapped, clipped and dangling, the subject sits on a seat pad which detects movement a potential sign the examinee is attempting to beat the test, or perhaps merely fidgeting in a session that can last three hours. (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? 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. Right to counsel or other representation. According to the official CBP website, "Polygraph screening has been part of CBP's vetting process since 2008; but in 2010 . (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. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. (f) Based on the risk assessments conducted under paragraph (e) of this section and in consultation with the Director of the Office of Intelligence and Counterintelligence, the Program Manager shall provide recommendations as to positions to be designated or removed under paragraph (b)(6) of this section for approval by the Secretary. why do i keep smelling bleach in my nose; what are the functions of television; failed counterintelligence polygraph; June 11, 2022; msc in intellectual property law . (b) Obtains written consent from the covered person prior to the polygraph examination. guide. Takeaway: One of the primary reasons why lie detectors are thought to be inaccurate is because of the case of Aldridge Ames. The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. 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. It is not an official legal edition of the CFR. Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. Do you believe youll only be asked the questions we discussed? 709.12 Defining polygraph examination questions. 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 Defense Intelligence Agency . Except for interpreters and signers, no one other than the covered person and the examiner may be present in the examination room during the polygraph examination. 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. 709.21 Requirements for notification of a polygraph examination. May 10, 2017. 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. (b) A polygraph examiner may administer no more than five polygraph examinations in any twenty-four hour period. While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. Counter Intelligence stayed within the boundaries of counter intelligence questions. The examiner said "I don't even need to step out to review these charts I can 100% tell you are being deceptive with me. Oswald likens the arrangement to the industry marking its own homework and is deeply uneasy about its role in UK justice. 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. Recommendations shall include a summary of the basis for designation or removal of the positions and of the views of the Director of the Office of Intelligence and Counterintelligence as to the recommendations. 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. Practice the countermeasures in advance. 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. 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. Other evidence appears to support their use. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. The Utah technique of polygraph test results have an overall accuracy rate of 93.9%. (b) A CI-scope polygraph examination is limited to topics concerning the covered person's involvement in espionage, sabotage, terrorism, unauthorized disclosure of classified information, unauthorized foreign contacts, and deliberate damage to or malicious misuse of a U.S. government information or defense system. 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. Inevitable omissions cross my mind when the test is afoot. 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. For more information, please see our Implications of refusal to take a polygraph examination. View the most recent official publication: These links go to the official, published CFR, which is updated annually. DIA requires its employees complete a Counterintelligence (CI) Polygraph while CIA and NSA require a more invasive Full-Scope Polygraph. A counter intelligence polygraph is required by military members assigned to the 3 letter agencies. In addition, he or she must have been granted SCI access approval. 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. Background and more details are available in the 709.15 Processing counterintelligence evaluation results. I'm disappointed in myself. Subpart B - CI Evaluation Protocols and Protection of National Security. 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. After leaving her office to go to my psych evaluation I was told I was invited back for tomorrow to re-test just the lifestyle section. No, I answer. However, the counsel or representative may not be present during the polygraph examination. failed counterintelligence polygraph. (d), and polygraph research program in subsec. 2014). Demonstrate stewardship in the execution of all mission areas. Some jobs in the defense sector require a lie-detector test (or polygraph) as part of their hiring process, even for interns. (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. DOE does not have the authority to ask questions that are outside the counterintelligence scope. What do they ask on top secret polygraph? No opinion means an evaluation of a polygraph test by a polygraph examiner in which the polygraph examiner cannot render an opinion. 709.17 Final disposition of CI evaluation findings and recommendations. FAR). NNSA means DOE's National Nuclear Security Administration. I plan on answering the Questions identically as I did the first go. She asked me which question bothered me the most. (eg: 7. Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. 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. Oftentimes, some of the most reliable people receive inconclusive results on the polygraph exam. Regular and routine means access by individuals without further permission more than two times per calendar quarter. 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. Theres a really high risk of people relying too much on these polygraph outputs, she says. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . All of that ends up being seen in the physiological response, he says. With that said, I had a CI polygraph about a year ago for a IC agency and it stayed within the bounds of CI 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. (f) Provide the covered person with a pre-addressed envelope, which may be used to submit a quality assurance questionnaire, comments or complaints concerning the examination. Limits on use of polygraph examination results that reflect Significant Response or No Opinion. Answer: In my experience inside the CIA, depending on the circumstances it could take less than a half hour or more than two hours, perhaps with some cooling-off pauses. I basically just sat there in the chair bummed out for 30 minutes while she disappeared. I passed, he asked me have u stolen anything . PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. Its not detecting lies, and shouldnt be thought of as a lie detector. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. (a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation. Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). 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. 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. Materials means any nuclear explosive as defined in 10 CFR 712.3, and any special nuclear material, hazardous source material, and hazardous byproduct material as those terms are defined by the Atomic Energy Act of 1954 (42 U.S.C. Scan this QR code to download the app now. (a) DOE may ask questions in a specific incident polygraph examination that are appropriate for a CI-scope examination or that are relevant to the counterintelligence concerns with a defined foreign nexus raised by the specific incident. (3) Concern conduct that has no direct relevance to a CI evaluation. Advising the Director of DCSA, the Under Secretary of Defense for Intelligence (USD(I)), and the Director of National Intelligence on federal polygraph technical matters, policies, and standards. Please do not provide confidential (d) If, in carrying out a comprehensive CI evaluation of a covered person under this section, there are significant unresolved issues, not exclusively related to polygraph examination results, indicating counterintelligence issues, then the Director, Office of Intelligence and Counterintelligence shall notify the DOE national laboratory director (if applicable), plant manager (if applicable) and program manager(s) for whom the individual works that the covered person is undergoing a CI evaluation pursuant to this part and that the evaluation is not yet complete. The equipment measures physiological responses, but responses to what, and the meaning of them, are open questions. 6. Review the questions and take your time understanding them. The federal government uses the polygraph exam to understand an applicants' past behavior, personal connections, and personal integrity. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. Counterintelligence polygraph program (a) Authority for Program.-The Secretary of Defense may carry out a program for the administration of counterintelligence polygraph examinations to persons described in subsection (b).The program shall be conducted in accordance with the standards specified in subsection (e). Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part.
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