If you work for a Federal agency, use this drafting result, it may not include the most recent changes applied to the CFR. Scan this QR code to download the app now. The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . Serve with objectivity and full transparency always. The government piloted polygraphs for sex offenders and will do the same for those convicted of domestic abuse. Bull is concerned that even though polygraphs are only one tool used to assess offender behaviour, there will be a temptation to rely on the results. No opinion means an evaluation of a polygraph test by a polygraph examiner in which the polygraph examiner cannot render an opinion. When a polygraph examination is scheduled, the DOE must notify the covered person, in writing, of the date, time, and place of the polygraph examination, the provisions for a medical waiver, and the covered person's right to obtain and consult with legal counsel or to secure another representative prior to the examination. (b) Persons Covered.-Except as provided in subsection (d), the following . (c) Provides guidelines for protecting the rights of individual DOE employees and DOE contractor employees subject to this part. Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). In the mean time, the fact that you mention no "post-test . The official, published CFR, is updated annually and available below under the FBI. Basically, an examinee's lie only counts if the . 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. May 10, 2017. Uncategorized. (3) Department of Defense Polygraph Institute. The attached DIA brochure gives an idea of what a polygraph entails. Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination. (b) Any job announcement or posting with respect to any position with access to classified information or materials protected under 709.3(b) and (c) of this part should indicate that DOE may condition the selection of an individual for the position (709.3(b)) or retention in that position (709.3(b) and (c)) upon his or her successful completion of a CI evaluation, including a CI-scope polygraph examination. (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. Reply (c) Process. Consequences of a refusal to complete a CI evaluation including a polygraph examination. Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. 49 CFR 172.101 Conducting polygraph countermeasures education and research. (3) Concern conduct that has no direct relevance to a CI evaluation. Defining polygraph examination questions. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Currently, he is a professor of the practice at the Bush School of Government and Public Service of Texas A&M University. In the end, test outcome and disclosure are both important, and complementary.. Its a bad idea if people over-believe in the effectiveness of polygraphs. 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. 709.23 Obtaining consent to a polygraph examination. Questions asked could concern drug and alcohol use, sexual misconduct, mental health, family relationships, compulsive or addictive . As a 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 . 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 classified material. learn more about the process here. But because of the wide range of human reactions, errors do happen - both false positive and false negative. Other evidence appears to support their use. The polygraph test is given three times with the order of the questions changed on each occasion. 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. Intelligence means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations or foreign persons. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 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. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. 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 . 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. (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. Oftentimes, some of the most reliable people receive inconclusive results on the polygraph exam. It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. Trained examiners are supervised and the charts from their tests reviewed by Grubin or other practitioners. I passed, he asked me have u stolen anything . (b) Composition. We mustnt stop thinking about, or developing, other ways to deter offenders.. (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. 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. Grubins training course is accredited by the American Polygraph Association which sets standards and codes of practice. (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. (c) The following organizations provide acceptable curricula to meet the training requirement of paragraph (b) of this section: (2) American Association of Police Polygraphists, and. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. Polygraph interviews are an important part of security clearance procedures in many branches of the American government. This content is from the eCFR and may include recent changes applied to the CFR. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. (a), persons covered in subsec. You look like a completely different person from the CI charts. (e). 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. In addition, he or she must have been granted SCI access approval. (3) Any covered person in the interest of national security. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (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. 42 U.S.C. Notification of the denial of a waiver request will state the basis for the denial and state that the covered person may request reconsideration of the denial by the Secretary under 709.5(d). 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). (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. Counterintelligence or CI means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document or communications security programs. 709.21 Requirements for notification of a polygraph examination. 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. 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. Blog Inizio Senza categoria failed counterintelligence polygraph. In addition to several foreign assignments, he was chief of counterintelligence at CIA headquarters in Langley, Virginia. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. (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. Final disposition of CI evaluation findings and recommendations. contact the publishing agency. (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. Search & Navigation 3. Counter Intelligence stayed within the boundaries of counter intelligence questions. 709.11 Topics within the scope of a polygraph examination. I was 100% honest on both the CI and lifestyle sections. This is an automated process for (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. Citation: MacLaren, V.V. NNSA means DOE's National Nuclear Security Administration. If discovered by the examiner - either through observation or examinee admission - counter . Determining the standards for and conducting polygraph initial and continuing education. Requirements for notification of a polygraph examination. Conducting continuous research and development of credibility assessment technologies, processes, and instrumentation. But Grubin says the findings show polygraphs used in this way are significantly better than chance. 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. Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. 131. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . the hierarchy of the document. A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. While most people can't control physiological responses effectively, you can reduce the potential for a false positive by staying calm and rational. What youre looking for is information to indicate theres an increased risk, he says. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. developer resources. Before the test proper comes the pre-interview. 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. 6. Review the questions and take your time understanding them. will bring you to those results. Polygraph equipment has come on since William Marston, creator of Wonder Woman and the truth lasso, dabbled with the technology in the 1920s. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. 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. Counter-terrorism police investigate after uranium seized at Heathrow, Starmer makes it his personal mission to tackle domestic violence, Uranium was embedded in metal bars seized at Heathrow, Domestic abuse charges in England and Wales halved since 2015, as offences doubled, MoJmistakenly sent intimate details of victims anguish to her stalker, Dover petrol bomb suspect named as counter-terrorism police take over, James Cleverly calls for countries to unite to deprive terrorists of funds, I feel like a target: Welsh woman braces for her stalkers possible release, MI5needs more funds to tackle rightwing terror threat, says watchdog, Domestic abuse victims report violence to police several times before action, too few terrorists for a trial to be meaningful. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. Foster a community-wide culture of innovation. Counterintelligence evaluation or CI evaluation means the process, possibly including a counterintelligence scope polygraph examination, used to make recommendations as to whether certain employees should have access to information or materials protected by this part. Some jobs in the defense sector require a lie-detector test (or polygraph) as part of their hiring process, even for interns. 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. (3) The examiner must receive basic Forensic Psychophysiological Detection of Deception training from the DODPI. The Counterintelligence Scope Polygraph is the most common type of polygraph exam and it asks the candidate questions limited to those necessary to determine whether the examinee ever had any involvement with or knowledge of: . But some choose to disclose fresh information, even breaches of their licence. Notification of approval of a waiver request will contain information regarding the duration of the waiver and any other relevant information. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . Basically, I messed up and withheld information about something, out of fear that the person would be penalized. Tip. Right to counsel or other representation. 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. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. DOE administers only DODPI approved testing formats. Counter-Intelligence (CI Polygraph) Choosing an item from (b) Submission of Waiver Requests. The polygrapher will score the test by comparing your physiological responses against the control questions intended to cause you to lie. 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. (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. (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. . I was protecting the person. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 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. She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered anything. 2401, et seq. (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. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? No changes found for this content after 1/03/2017. Defense Counterintelligence and Security Agency . DOE means the Department of Energy including the National Nuclear Security Administration (NNSA). There are two types of polygraph exams that can be issued: counterintelligence and lifestyle. (b) DOE maintains all CI evaluation records, including polygraph examination records and other pertinent documentation acquired in conjunction with a counterintelligence evaluation, in a system of records established under the Privacy Act of 1974 (5 U.S.C. Do you believe youll only be asked the questions we discussed? (d), and polygraph research program in subsec. Topics within the scope of a polygraph examination. FAR). 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. Counter-Measures. 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. 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). 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. 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. (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. The American Psychological Association says there is no evidence that any pattern of physiological responses is unique to deception, and while honest people might be nervous when answering truthfully, dishonest people might be calm liars. 71 FR 57392, Sept. 29, 2006, unless otherwise noted. For more information, please see our A polygraph exam is not just a pass/fail issue. Local commuting area means the geographic area that usually constitutes one area for employment purposes. Implications of refusal to take a polygraph examination. Many claim to know the signs of deception when they see them. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. 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. But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. (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. 1564a. As set forth in 709.15(b) and (c) of this part, a counterintelligence evaluation may also include other pertinent measures to address and resolve counterintelligence issues in accordance with Executive Order 12333, the DOE Procedures for Intelligence Activities, and other relevant laws, guidelines and authorities, as applicable.
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