Chapter 75; or. Subpart B - CI Evaluation Protocols and Protection of National Security. (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. (e) Risk assessment. 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. 11-30-2016, 10:18 PM A polygraph exam is not just a pass/fail issue. (6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. failed counterintelligence polygraph. Serve with objectivity and full transparency always. However, the counsel or representative may not be present during the polygraph examination. 709.15 Processing counterintelligence evaluation results. Polygraph examination means all activities that take place between a Polygraph Examiner and an examinee (person taking the test) during a specific series of interactions, including the pretest interview, the use of the polygraph instrument to collect physiological data from the examinee while presenting a series of tests, the test data analysis phase, and the post-test phase. A counterintelligence evaluation consists of a counterintelligence-based review of the covered person's personnel security file and review of other relevant information available to DOE in accordance with applicable guidelines and authorities. The usage of polygraphs by the U.S. Border Patrol is quite new. 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. 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. The attached DIA brochure gives an idea of what a polygraph entails. 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. For more information, please see our (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. Processing counterintelligence evaluation results. Its a bad idea if people over-believe in the effectiveness of polygraphs. 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. Covered persons subject to a CI evaluation and polygraph. You can 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. First, twin pneumotubes are strapped around the chest and abdomen to record breathing rate. Cookie Notice 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. Privacy Policy. Success or failure depends on whether my physiological responses to questions about a bomb threat performed under Grubins direction are stronger than those to the comparison questions. (a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). Before the test proper comes the pre-interview. 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. She asked me which question bothered me the most. As provided for in 709.3(c), a CI evaluation, if conducted on a random basis, will include a CI-scope polygraph examination. 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). (e). Why did I fail the polygraph when I tell the truth? 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. I'm disappointed in myself. will bring you directly to the content. 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. 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. If discovered by the examiner - either through observation or examinee admission - counter . 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. Please do not provide confidential (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. These are questions I faced. 1564a. 6. Review the questions and take your time understanding them. 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. Defense Counterintelligence and Security Agency. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. (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. (g) For cases involving a question of loyalty to the United States, the Director of the Office of Intelligence and Counterintelligence may refer the matter to the FBI as required by section 145d of the Atomic Energy Act of 1954. Scan this QR code to download the app now. 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. Have you ever threatened anyone? Daily, I have children. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Why You Failed the Lie-Detector Test. Source: took the CI polygraph for a 3 letter agency last year. 1. 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. Choosing an item from (c), oversight in subsec. [27] Trained examiners are supervised and the charts from their tests reviewed by Grubin or other practitioners. sustain its initial counterintelligence investigation when it sought to close that. PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (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. 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. Basically, I messed up and withheld information about something, out of fear that the person would be penalized. (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. 709.11 Topics within the scope of a polygraph examination. Practice the countermeasures in advance. (a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation. 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. (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. Title 10 was last amended 2/21/2023. Theres a really high risk of people relying too much on these polygraph outputs, she says. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. Check the NCCA Calendar for the latest course offerings. (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. 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. 709.32 Training requirements for polygraph examiners. Well he asked me have i done any undetected crimes, by the way he explained to me that an undetected crime is stealing anything that doesnt belong to me anything bad that i have done that was undetected, money, clothes etc. 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. Regulation Y Local commuting area means the geographic area that usually constitutes one area for employment purposes. (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. 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. If you have questions for the Agency that issued the current document please contact the agency directly. 709.22 Right to counsel or other representation. the hierarchy of the document. 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 . Except as provided in 709.5 of this part with regard to waivers, a CI evaluation, which may include a CI-scope polygraph examination, is required for any covered person in any category under paragraph (b) of this section who will have or has access to classified information or materials protected under this paragraph. For cases indicating that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power, DOE is required by 50 U.S.C. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. The Defense Intelligence Agency . (b) Examiners must undergo annual continuing education for a minimum of forty hours training within the discipline of Forensic Psychophysiological Detection of Deception. NNSA means DOE's National Nuclear Security Administration. Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. . (b) Submission of Waiver Requests. Displaying title 10, up to date as of 3/02/2023. Subpart C - Safeguarding Privacy and Employee Rights. But because of the wide range of human reactions, errors do happen - both false positive and false negative. DOE means the Department of Energy including the National Nuclear Security Administration (NNSA). 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. (2) The examiner must have a favorably adjudicated single-scope background investigation, complete a CI-scope polygraph examination, and must hold a Q access authorization, which is necessary for access to Secret Restricted Data and Top Secret National Security Information. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. Although the Federal Employee Polygraph Protection Act of 1988, administered by the Department of Labor protects most employees from being required to take a polygraph, federal employees or contractors engaged in national security-related activities may well find themselves required to take and pass a . 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. Engage in regular exercise, eat right, get plenty of sleep and try to avoid seeing the polygraph as a frightening situation. The Utah technique of polygraph test results have an overall accuracy rate of 93.9%. Conducting continuous research and development of credibility assessment technologies, processes, and instrumentation. 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. Employee Polygraph Protection Act. A failed counterintelligence polygraph is not a reason for dismissal; rather, it is a reason for an investigation to determine whether or not there has been a security breach. Counter-Measures. 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.. No changes found for this content after 1/03/2017. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. Before administering the polygraph examination, the examiner must: (a) Inform the covered person that audio and video recording of each polygraph examination session will be made, and that other observation devices, such as two-way mirrors and observation rooms, also may be employed; (b) Explain to the covered person the characteristics and nature of the polygraph instrument and examination; (c) Explain to the covered person the physical operation of the instrument and the procedures to be followed during the examination; (d) Review with the covered person the relevant questions to be asked during the examination; (e) Advise the covered person of the covered person right against self-incrimination; and. If you have questions or comments regarding a published document please 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%. (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. If a waiver is denied, the covered person may file with the Secretary a request for reconsideration of the denial within 30 days of receipt of the decision, and the Secretary's decision will be issued prior to the administration of a polygraph examination. DOE may not administer a polygraph examination unless DOE: (a) Notifies the covered person of the polygraph examination in writing in accordance with 709.21 of this part; and. ok i failed my first polygraph, trust me i was nervous as a hard attack. This content is from the eCFR and is authoritative but unofficial. 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). (Counterintelligence and Security) Memorandum (Reference (c)). Failed poly. No, I answer. Secretary means the Secretary of Energy or the Secretary's designee. (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. Citation: MacLaren, V.V. Maybe even a postponement of a day or to The exam one takes in order to come on board is very, very thorough and takes a long t. Navigate by entering citations or phrases (b) If a covered person is an incumbent employee in an identified position subject to a CI evaluation including a polygraph examination under 709.3(b), (c), or (d), and the covered person refuses to complete a CI evaluation, DOE and its contractors must deny that covered person access to classified information and materials protected under 709.3(b) and (c) and may take other actions consistent with the denial of access, including administrative review of access authorization under 10 CFR part 710. We mustnt stop thinking about, or developing, other ways to deter offenders.. Many claim to know the signs of deception when they see them. While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. Questions asked could concern drug and alcohol use, sexual misconduct, mental health, family relationships, compulsive or addictive . 1/1.1 Consequences of a refusal to complete a CI evaluation including a polygraph examination. This is an automated process for It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs. Polygraph report means a document that may contain identifying data of the examinee, a synopsis of the basis for which the examination was conducted, the relevant questions utilized, and the examiner's conclusion. 552a). Subscribe to: Changes in Title 10 :: Chapter III :: Part 709. This does not include those instances in which a covered person voluntarily terminates an examination prior to the actual testing phase. (c) Disposition of Waiver Requests. Polygraph examination means all activities that take place between a Polygraph Examiner and an examinee (person taking the test) during a specific series of interactions, including the pretest interview, the use of the polygraph instrument to collect physiological data from the examinee while presenting a series of tests, the test data analysis phase, and the post-test phase. 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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. In the mean time, the fact that you mention no "post-test . 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. According to the official CBP website, "Polygraph screening has been part of CBP's vetting process since 2008; but in 2010 . 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. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. Such an evaluation is required for covered persons who are incumbent employees at least once every five years. viable counterintelligence investigationor any investigationinitiated by. Implications of refusal to take a polygraph examination. But because of the wide range of human reactions, errors do happen - both false positive and false negative. . There is no bomb. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . (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.

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