Some jobs in the defense sector require a lie-detector test (or polygraph) as part of their hiring process, even for interns. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . Learn more about the eCFR, its status, and the editorial process. But some choose to disclose fresh information, even breaches of their licence. The Director, Office of Intelligence and Counterintelligence, shall issue a written decision on a request for waiver prior to the administration of a polygraph examination. But Grubin says the findings show polygraphs used in this way are significantly better than chance. 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. Other information provided to a covered person prior to a polygraph examination. 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. Not likely. The chart shows seat pad activity in magenta, breathing rate in blue, electrodermal activity (sweating) in green, heart activity (red) and blood flow (black). 2014). If the results of a counterintelligence evaluation are not dispositive, the Director of the Office of Intelligence and Counterintelligence may convene a Counterintelligence Evaluation Review Board to obtain the individual views of each member as assistance in resolving counterintelligence issues identified during a counterintelligence evaluation. 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. 709.24 Other information provided to a covered person prior to a polygraph examination. (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. Subpart B - CI Evaluation Protocols and Protection of National Security. (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. But because of the wide range of human reactions, errors do happen - both false positive and false negative. Basically, an examinee's lie only counts if the . Abstract. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. 709.17 Final disposition of CI evaluation findings and recommendations. and our 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. Background and more details are available in the In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. Polygraph test means that portion of the polygraph examination during which the polygraph instrument collects physiological data based upon the individual's responses to questions from the examiner. Follow your usual routine. If you have questions or comments regarding a published document please For me thats a very worrying prospect, says Oswald. Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. Do you believe youll only be asked the questions we discussed? 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. Consequences of a refusal to complete a CI evaluation including a polygraph examination. There are two types of polygraph exams that can be issued: counterintelligence and lifestyle. (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. Secretary means the Secretary of Energy or the Secretary's designee. James M. Olson served for over thirty years in the Directorate of Operations of the Central Intelligence Agency, mostly overseas in clandestine operations. (eg: ok i failed my first polygraph, trust me i was nervous as a hard attack. She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered anything. (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. 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. However, a full-scope polygraph could be useful if the requesting agency wants to have a bit more trust in common employees and is particularly worried about how . Local commuting area means the geographic area that usually constitutes one area for employment purposes. (a) General. The seat pad has detected a shuffle a warning I may be deploying countermeasures. Enhanced content is provided to the user to provide additional context. 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. Human Reliability Program means the program under 10 CFR part 712. Scope of a counterintelligence evaluation. Why did I fail the polygraph when I tell the truth? 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. 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. 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. 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. What do they ask on top secret polygraph? (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. Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. 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. Choosing an item from (b), exceptions from coverage for certain intelligence agencies and functions in subsec. Defense Counterintelligence and Security Agency. You can learn more about the process Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. (6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. 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. 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. (a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). Is there even any reason to go? Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. When undergoing a CI Polygraph examination, depending on the issues involved, it may be important to have an attorney. Why You Failed the Lie-Detector Test. 552a). DIA's polygraph differs from the polygraph program at the Central Intelligence Agency (CIA) and National Security Agency (NSA). 709.21 Requirements for notification of a polygraph examination. Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. 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. Obtaining consent to a polygraph examination. (3) Any covered person in the interest of national security. 42 U.S.C. We could be here all day. 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. DOE does not have the authority to ask questions that are outside the counterintelligence scope. 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. Significant response means an opinion that the analysis of the polygraph charts reveals consistent, significant, timely physiological responses to the relevant questions. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (b) Submission of Waiver Requests. switch to drafting.ecfr.gov. In the end, test outcome and disclosure are both important, and complementary.. For the purpose of deciding whether to designate or remove employees for mandatory CI evaluations under paragraph (b)(6) of this section, Program Managers may consider: (1) Access on a non-regular and non-routine basis to Top Secret Restricted Data or Top Secret National Security Information or the nature and extent of access to other classified information; (2) Unescorted or unrestricted access to significant quantities or forms of special nuclear materials; and. 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. The willingness to talk might be very different among terrorists, he says. With that said, I had a CI polygraph about a year ago for a IC agency and it stayed within the bounds of CI questions. Comments or questions about document content can not be answered by OFR staff. The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. (2000). (b) Composition. The science behind the polygraph is vague and contested. 709.12 Defining polygraph examination questions. First, twin pneumotubes are strapped around the chest and abdomen to record breathing rate. 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. While most people can't control physiological responses effectively, you can reduce the potential for a false positive by staying calm and rational. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. 2401, et seq. It is an indicator of the salience of the question and the cognitive processing associated with it. A covered person may submit a request for waiver under this section, and the request shall assert the basis for the waiver sought and shall be submitted, in writing, to the Director, Office of Intelligence and Counterintelligence, at the following address: U.S. Department of Energy, Attn: Director, Office of Intelligence and Counterintelligence, 1000 Independence Avenue, SW., Washington, DC 20585. 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. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Privacy Policy. 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. developer resources. .A 2011 meta-analysis by the American Polygraph Association found that polygraph tests using comparison questions had incorrect outcomes about 15% of the time. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. 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. 709.25 Limits on use of polygraph examination results that reflect Significant Response or No Opinion. I was 100% honest on both the CI and lifestyle sections. Originally posted by AD2015 View Post. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? (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. 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. (3) Concern conduct that has no direct relevance to a CI evaluation. Processing counterintelligence evaluation results. 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 . Implications of refusal to take a polygraph examination. The examiner determines the exact wording of the polygraph questions based on the examiner's pretest interview of the covered person, the covered person's understanding of the questions, established test question procedures from the Department of Defense Polygraph Institute, and other input from the covered person. (c) Random CI evaluation. "Published Edition". You look like a completely different person from the CI charts. 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. 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). 402a(e) to refer the matter to the Federal Bureau of Investigation. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. 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. It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. (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. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. I passed, he asked me have u stolen anything . 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. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs.
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