DOE may not ask lifestyle questions or 709.11 Topics within the scope of a polygraph examination. 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 questions do they ask in a CI polygraph? According to the official CBP website, "Polygraph screening has been part of CBP's vetting process since 2008; but in 2010 . Originally posted by AD2015 View Post. (6) Designated, with approval of the Secretary, on the basis of a risk assessment consistent with paragraphs (e) and (f) of this section, by a Program Manager for the following DOE offices and programs (and any successors to those offices and programs): The Office of the Secretary; the Human Reliability Program; the National Nuclear Security Administration (including the Office of Emergency Operations); and the Office of Health, Safety and Security. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (b), exceptions from coverage for certain intelligence agencies and functions in subsec. I basically just sat there in the chair bummed out for 30 minutes while she disappeared. Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part. (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. 131. (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. Enhanced content is provided to the user to provide additional context. (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. 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. (b) Composition. Significant response means an opinion that the analysis of the polygraph charts reveals consistent, significant, timely physiological responses to the relevant questions. failed counterintelligence polygraph. It is not an official legal edition of the CFR. 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. 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. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination. However, the counsel or representative may not be present during the polygraph examination. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. Check the NCCA Calendar for the latest course offerings. Auditing federal polygraph programs to ensure that they are compliant with federal policy, practices, and standards. Scope of a counterintelligence evaluation. 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. 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. Other information provided to a covered person prior to a polygraph examination. (a), persons covered in subsec. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. switch to drafting.ecfr.gov. 1/1.1 19 Thought Provoking Polygraph Accuracy Statistics (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. A polygraph exam is not just a pass/fail issue. 49 CFR 172.101 Have you ever threatened anyone? Daily, I have children. Employee Polygraph Protection Act. PDF Counterintelligence-Scope Polygraph Examination Scan this QR code to download the app now. Many claim to know the signs of deception when they see them. (a) General. When undergoing a CI Polygraph examination, depending on the issues involved, it may be important to have an attorney. (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. Changes made to CI Polygraph for 3 letter intel agencies, "we - reddit ok i failed my first polygraph, trust me i was nervous as a hard attack. 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. This is an automated process for (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. Source: took the CI polygraph for a 3 letter agency last year. Not likely. Final disposition of CI evaluation findings and recommendations. 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 . DOE must provide a copy of this part to the covered person. 71 FR 57392, Sept. 29, 2006, unless otherwise noted. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. Theres a really high risk of people relying too much on these polygraph outputs, she says. (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. contact the publishing agency. Defense Counterintelligence and Security Agency. DIA requires its employees complete a Counterintelligence (CI) Polygraph while CIA and NSA require a more invasive Full-Scope Polygraph. 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. The equipment measures physiological responses, but responses to what, and the meaning of them, are open questions. Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. Choosing an item from Polygraph Exam FAQS | U.S. Customs and Border Protection 709.25 Limits on use of polygraph examination results that reflect Significant Response or No Opinion. (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. Program Manager means a DOE official designated by the Secretary or the Head of a DOE Element to make an access determination under this part. (d) 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. Notification of approval of a waiver request will contain information regarding the duration of the waiver and any other relevant information. Basically, an examinee's lie only counts if the . As provided in 709.3(b), DOE also may require a CI-scope polygraph examination. Does the military polygraph? Explained by Sharing Culture Practice the countermeasures in advance. 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. Citation: MacLaren, V.V. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. Truth is I didnt plant a bomb. This does not include those instances in which a covered person voluntarily terminates an examination prior to the actual testing phase. (a) Mandatory CI evaluation. What You Need to Know Before Taking a Polygraph (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. Subpart B - CI Evaluation Protocols and Protection of National Security. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. Active duty military don't have to do a lifestyle polygraph. In addition to several foreign assignments, he was chief of counterintelligence at CIA headquarters in Langley, Virginia. The Polygraph Confessional - Kalijarvi, Chuzi, Newman & Fitch, P.C. But because of the wide range of human reactions, errors do happen - both false positive and false negative. 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. Defense Counterintelligence and Security Agency . Establishes and implements policy, assigns responsibilities, and provides procedures governing the use of polygraph and other approved credibility assessment tools in accordance with the guidance in DoD Directive (DoDD) 5210.48 (Reference (d)) and the authority in DoDD The polygrapher will score the test by comparing your physiological responses against the control questions intended to cause you to lie. The Ministry of Justice introduced compulsory lie detector tests for sex offenders in 2014. Counter Intelligence stayed within the boundaries of counter intelligence questions. For me thats a very worrying prospect, says Oswald. National Center for Credibility Assessment (NCCA) (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. No, I answer. Counterintelligence-scope or CI-scope polygraph examination means a polygraph examination using questions reasonably calculated to obtain counterintelligence information, including questions relating to espionage, sabotage, terrorism, unauthorized disclosure of classified information, deliberate damage to or malicious misuse of a United States Government information or defense system, and unauthorized contact with foreign nationals. Regular and routine means access by individuals without further permission more than two times per calendar quarter. 709.31 DOE standards for polygraph examiners and polygraph examinations. CI polygraphs / Lifestyle Polygraph Examinations | CI All of that ends up being seen in the physiological response, he says. I passed, he asked me have u stolen anything . 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. will bring you directly to the content. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. How to Know If You Passed a Polygraph Test - Career Trend An official website of the United States government, Defense Counterintelligence and Security Agency, National Center for Credibility Assessment (NCCA), DCSA Office of Communications and Congressional Affairs, Center for Development of Security Excellence, Hosted by Defense Media Activity - WEB.mil. (c), oversight in subsec. 709.32 Training requirements for polygraph examiners. Reproduced with permission from Polygraph, the journal of the American Polygraph Association. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. 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. In support of the single issue tests given to sex offenders it cites an 89% decision accuracy rate taken from an American Polygraph Association meta-analysis of 45 experiments and surveys. Polygraph Frequently Asked Questions Polygraph interviews are an important part of security clearance procedures in many branches of the American government. formatting. will also bring you to search results. Privacy Policy. Can we trust counterintelligence polygraph tests? Can We Trust Counterintelligence Polygraph Tests? 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. (b) Submission of Waiver Requests. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment. Subscribe to: Changes in Title 10 :: Chapter III :: Part 709. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . is available with paragraph structure matching the official CFR Currently, he is a professor of the practice at the Bush School of Government and Public Service of Texas A&M University. guide. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. (c) Whenever information is developed by the Office of Health, Safety and Security indicating counterintelligence issues, the Director of that Office shall notify the Director, Office of Intelligence and Counterintelligence. 709.12 Defining polygraph examination questions. 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. 10-05-2017, 08:22 PM. 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. Serve with objectivity and full transparency always. After that, electrodes are attached to the index and ring fingers. 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. https://www.ecfr.gov/current/title-10/chapter-III/part-709. Implications of refusal to take a polygraph examination. Counter-Intelligence (CI Polygraph) Its central mission is to assist federal agencies in the . Employee Polygraph Protection Act | U.S. Department of Labor (d) Reconsideration Rights. (e). Access authorization means an administrative determination under the Atomic Energy Act of 1954, Executive Order 12968, or 10 CFR part 710 that an individual is eligible for access to classified matter or is eligible for access to, or control over, special nuclear material. 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. This content is from the eCFR and is authoritative but unofficial. 3. user convenience only and is not intended to alter agency intent Grubins training course is accredited by the American Polygraph Association which sets standards and codes of practice. Determining the standards for and conducting polygraph initial and continuing education. Debate about the scientific validity of polygraphs continues. 3. 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. 2014). 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. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. 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. Demonstrate stewardship in the execution of all mission areas. (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. I told her no I cant think of anything. 552a). What is a counterintelligence polygraph? - displaypointer.com I'm disappointed in myself. Please do not provide confidential It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. Polygraph instrument means a diagnostic instrument used during a polygraph examination, which is capable of monitoring, recording and/or measuring at a minimum, respiratory, electrodermal, and cardiovascular activity as a response to verbal or visual stimuli. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Failed poly. Federal Register :: Office of Counterintelligence; Polygraph 709.23 Obtaining consent to a polygraph examination. 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. 709.5 Waiver of polygraph examination requirements. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Search & Navigation (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 attached DIA brochure gives an idea of what a polygraph entails. Displaying title 10, up to date as of 3/02/2023. 709.21 Requirements for notification of a polygraph examination. The Defense Intelligence Agency . If you have questions or comments regarding a published document please The major results of the survey showed the following: Among the respondents, 62% had an active polygraph screening program, 31% did not and 7% had discontinued . Limits on use of polygraph examination results that reflect Significant Response or No Opinion. A lengthy review by the US National Research Council in 2003 found that a century of research had failed to make much headway on the science behind the polygraph. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Do We Need the Polygraph to Protect Our Borders? The polygraph examiner is required to tell you the questions ahead of time. (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. The Lasso of Truth: The American National Security - Quo Vademus (eg: They could argue that the system is flawed or that the result is a false positive. eCFR :: 10 CFR Part 709 -- Counterintelligence Evaluation Program 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: . Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. General Michael Flynn Sues DOJ, FBI and US Government for Malicious Abstract. A University of Kent review of police testing in 2020 found polygraphed offenders and suspects were more likely than comparisons to reveal risk-relevant information, such as admissions of sexual interest in children, or increased access to them. Is there even any reason to go? 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. She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered anything. (1) With regard to a DOE employee, the removal, suspension for more than 14 days, reduction in grade or pay, or a furlough of 30 days or less as described in 5 U.S.C. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. How Long Is A Poly Good For? - ClearanceJobs Blog 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). 709.10 Scope of a counterintelligence evaluation. Tip. She asked me which question bothered me the most. Title 10 was last amended 2/21/2023. For more information, please see our Organization and Purpose well, I have failed my first ever polygraph. If jurors share the misunderstandings that are common among counterintelligence experts and television writers, they are likely to give undue credence to any polygraph evidence that may be admitted. No, I answer. One such trick, I learn too late, is to firmly clench the buttocks. Did you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. 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. Polygraph - Wikipedia 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. 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. I was protecting the person. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. Other evidence appears to support their use. 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. Increased Discussion and Interest In Polygraphs - ClearanceJobs Blog Conducting polygraph countermeasures education and research. How to Get TS/SCI With a Full Scope Polygraph - Career Trend 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. The survey sample included 699 of the largest police agencies in the United States, excluding federal agencies, and produced usable returns from 626 agencies, a response rate of 90%. Have you ever threatened anyone? Daily, I have children. (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. If discovered by the examiner - either through observation or examinee admission - counter . Uncategorized. the hierarchy of the document.
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