Scope of a counterintelligence evaluation. While most people can't control physiological responses effectively, you can reduce the potential for a false positive by staying calm and rational. When undergoing a CI Polygraph examination, depending on the issues involved, it may be important to have an attorney. Navigate by entering citations or phrases Why You Failed the Lie-Detector Test. 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. Employee Polygraph Protection Act. here. Unresolved issues means an opinion by a CI evaluator that the analysis of the information developed during a CI evaluation remains inconclusive and needs further clarification before a CI access recommendation can be made. Before the test proper comes the pre-interview. (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. (c) If a DOE employee refuses to take a CI polygraph examination, DOE may not record the fact of that refusal in the employee's personnel file. No opinion means an evaluation of a polygraph test by a polygraph examiner in which the polygraph examiner cannot render an opinion. Even then, in some rare cases, a declaration of "passing" can be rescinded, as it was when Wen Ho Lee was polygraphed (highly unlikely in your case). 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 . This content is from the eCFR and is authoritative but unofficial. DIA's polygraph differs from the polygraph program at the Central Intelligence Agency (CIA) and National Security Agency (NSA). viable counterintelligence investigationor any investigationinitiated by. The National Security Agency ( NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). (b) Examiners must undergo annual continuing education for a minimum of forty hours training within the discipline of Forensic Psychophysiological Detection of Deception. 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. 6. Review the questions and take your time understanding them. 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. 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.. 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. 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. 709.17 Final disposition of CI evaluation findings and recommendations. Restricted data means all data concerning the design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy, but does not include data declassified or removed from the restricted data category pursuant to section 142 of the Atomic Energy Act of 1954. Subpart C - Safeguarding Privacy and Employee Rights. Subscribe to: Changes in Title 10 :: Chapter III :: Part 709. Training requirements for polygraph examiners. Follow your usual routine. (c) Provides guidelines for protecting the rights of individual DOE employees and DOE contractor employees subject to this part. (e). 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. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? The willingness to talk might be very different among terrorists, he says. 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. The National Center for Credibility Assessments (NCCA) mission is NCCA carries out its mission by: to lead the credibility assessment enterprise by delivering premier training and education; program oversight; technical support; and research, development, testing, and evaluation (RDT&E) services. CI Evaluation Protocols and Protection of National Security. b. Is there even any reason to go? 49 CFR 172.101 Engage in regular exercise, eat right, get plenty of sleep and try to avoid seeing the polygraph as a frightening situation. A Lifestyle Polygraph asks the examinee questions that concern the applicant's personal life and conduct, and can involve all aspects of present and past behavior. Consequences of a refusal to complete a CI evaluation including a polygraph examination. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. (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. After that, electrodes are attached to the index and ring fingers. 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. 709.15 Processing counterintelligence evaluation results. (c) Advance notice will be provided to the affected Program Manager and laboratory/site/facility director of the covered persons who are included in any random examinations that are administered in accordance with provisions at 709.3(c). 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). 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. What do they ask on top secret polygraph? 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. 709.22 Right to counsel or other representation. 42 U.S.C. Implications of refusal to take a polygraph examination. (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. No, I answer. . But because of the wide range of human reactions, errors do happen - both false positive and false negative. is available with paragraph structure matching the official CFR 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. 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. (b) Obtains written consent from the covered person prior to the polygraph examination. Many applicants worry that . 709.12 Defining polygraph examination questions. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. 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. 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). 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. It also encourages disclosures for reasons we dont understand, and in that respect it might be thought of as a truth facilitator. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. But Grubin says the findings show polygraphs used in this way are significantly better than chance. Choosing an item from Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). result, it may not include the most recent changes applied to the CFR. Under the right circumstances, the polygraph allegedly can . 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. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. Obtaining consent to a polygraph examination. Many claim to know the signs of deception when they see them. 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. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. (2000). 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. Requirements for notification of a polygraph examination. 11-30-2016, 10:18 PM Conducting continuous research and development of credibility assessment technologies, processes, and instrumentation. You look like a completely different person from the CI charts. 709.21 Requirements for notification of a polygraph examination. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. Practice the countermeasures in advance. (b) Composition. 10-05-2017, 08:22 PM. https://www.ecfr.gov/current/title-10/chapter-III/part-709. 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. 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 . 1 CFR 1.1 In addition to several foreign assignments, he was chief of counterintelligence at CIA headquarters in Langley, Virginia. (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. 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. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. Demonstrate stewardship in the execution of all mission areas. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . Defining polygraph examination questions. 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. (c) The polygraph examiner must be certified to conduct polygraph examinations under this part by the DOE Psychophysiological Detection of Deception/Polygraph Program Quality Control Official. 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 . 00:00. Title 10 was last amended 2/21/2023. She tells me to sit still. well, I have failed my first ever polygraph. 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. 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. contact the publishing agency. 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. When making a final recommendation under 709.17 of this part, to a Program Manager, the Director of Intelligence and Counterintelligence shall report on the Counterintelligence Evaluation Review Board's views, including any consensus recommendation, or if the members are divided, a summary of majority and dissenting views. (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. Work on relaxing for several days leading up to the polygraph exam. Reply These are questions I faced. Waiver of polygraph examination requirements. In addition, he or she must have been granted SCI access approval. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. Inevitable omissions cross my mind when the test is afoot. The eCFR is displayed with paragraphs split and indented to follow (3) The examiner must receive basic Forensic Psychophysiological Detection of Deception training from the DODPI. Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. (c) Process. In the end, test outcome and disclosure are both important, and complementary.. (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. 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 asked me which question bothered me the most. 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). Determining the standards for and conducting polygraph initial and continuing education. 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. For me thats a very worrying prospect, says Oswald. Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. The FBI itself recognized that it lacked any sufficient grounds to. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. Do you believe youll only be asked the questions we discussed? You can learn more about the process (3) Concern conduct that has no direct relevance to a CI evaluation. Choosing an item from The science behind the polygraph is vague and contested. 2011, et seq., 7101, et seq., 7144b, et seq., 7383h-1; 50 U.S.C. DIA requires its employees complete a Counterintelligence (CI) Polygraph while CIA and NSA require a more invasive Full-Scope Polygraph. .A 2011 meta-analysis by the American Polygraph Association found that polygraph tests using comparison questions had incorrect outcomes about 15% of the time. The Ministry of Justice introduced compulsory lie detector tests for sex offenders in 2014. Blog Inizio Senza categoria failed counterintelligence polygraph. A Counterintelligence Polygraph asks the candidate questions limited to those necessary to determine whether the examinee ever had any involvement with or knowledge of espionage/sabotage against the United States, unauthorized contact with representatives of a foreign government, or unauthorized disclosure of classified material. 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. What were your thinking about? (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) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. The FBI polygraph takes approximately two to four hours to complete and is generally given in three phases. (d) Specific incident polygraph examinations. Answer (1 of 6): It depends on whether it is an initial application for employment that requires a clearance or a routine follow-up after you are hired and cleared. (d), and polygraph research program in subsec. This does not include those instances in which a covered person voluntarily terminates an examination prior to the actual testing phase. 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. Almost every Border Patrol Agent, Customs and Border Protection Officer, and Air and Marine Operations Agent who has joined CBP has taken, and passed, a Polygraph Exam. (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. The equipment measures physiological responses, but responses to what, and the meaning of them, are open questions. (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. 402a(e) to refer the matter to the Federal Bureau of Investigation. Trained examiners are supervised and the charts from their tests reviewed by Grubin or other practitioners. the FBI. (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. 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. What youre looking for is information to indicate theres an increased risk, he says. In my case, these send me back through a Rolodex of past experiences. According to Grubin, lying that I did so should show up in my physiological response. The polygraph examiner is required to tell you the questions ahead of time. citations and headings May 10, 2017. (c) Disposition of Waiver Requests. 3. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. A polygraph exam is not just a pass/fail issue. NNSA means DOE's National Nuclear Security Administration. 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. 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. Except as otherwise determined by the Secretary, on the recommendation of the appropriate Program Manager, if a covered person with access to DOE classified information or materials refuses to consent to or take a polygraph examination under this paragraph, then 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) shall direct the denial of access (if any) to classified information and materials protected under paragraphs (b) and (c) of this section, and shall refer the matter to the Office of Health, Safety and Security for a review of access authorization eligibility under 10 CFR part 710. (b), exceptions from coverage for certain intelligence agencies and functions in subsec. (b) Persons Covered.-Except as provided in subsection (d), the following . In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. will bring you to those results. Defense Counterintelligence and Security Agency . 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. But Ray Bull, professor of criminal investigation at the University of Derby, points out that some sex offenders may confess bad behaviour because they dont want to commit awful crimes.

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