(c) Disposition of Waiver Requests. or existing codification. 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. Many applicants worry that . What scenarios did you remember you arent telling me? She didnt mention a specific question. (Counterintelligence and Security) Memorandum (Reference (c)). You look like a completely different person from the CI charts. (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. (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. In the mean time, the fact that you mention no "post-test . We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. 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. One such trick, I learn too late, is to firmly clench the buttocks. (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. (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. These are questions I faced. 42 U.S.C. sustain its initial counterintelligence investigation when it sought to close that. You look like a completely different person from the CI charts. Pressing enter in the search box As a It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. 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 . The science behind the polygraph is vague and contested. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). 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. 709.12 Defining polygraph examination questions. Questions asked could concern drug and alcohol use, sexual misconduct, mental health, family relationships, compulsive or addictive . Secretary means the Secretary of Energy or the Secretary's designee. Demonstrate stewardship in the execution of all mission areas. 709.3 Covered persons subject to a CI evaluation and polygraph. They could argue that the system is flawed or that the result is a . The Polygraph Confessional. site when drafting amendatory language for Federal regulations: . 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. 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. This is a . Serve with objectivity and full transparency always. This web site is designed for the current versions of The eCFR is displayed with paragraphs split and indented to follow https://www.ecfr.gov/current/title-10/chapter-III/part-709. (2000). But Grubin argues theres no evidence of this being an issue, adding that the risk is no greater than for other measures, such as criminal record checks and tagging. citations and headings b. These measure changes in skin conductance from imperceptible sweating. 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. 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. (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. THE 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 . Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . The usage of polygraphs by the U.S. Border Patrol is quite new. why do i keep smelling bleach in my nose; what are the functions of television; failed counterintelligence polygraph; June 11, 2022; msc in intellectual property law . 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. Cookie Notice The polygraph test is given three times with the order of the questions changed on each occasion. This content is from the eCFR and may include recent changes applied to the CFR. 1. But without knowing how I would have responded before the mock crimes, I cant be sure I just care more about bombs than anything else Im asked about. If discovered by the examiner - either through observation or examinee admission - counter . Originally posted by AD2015 View Post. 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. 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. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. (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. contact the publishing agency. DOE may not ask lifestyle questions or will bring you directly to the content. For me thats a very worrying prospect, says Oswald. DIA's polygraph differs from the polygraph program at the Central Intelligence Agency (CIA) and National Security Agency (NSA). 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. Practicing these beforehand can greatly increase the likelihood that you will "pass" the polygraph examination, but only if you do them right. While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. It also encourages disclosures for reasons we dont understand, and in that respect it might be thought of as a truth facilitator. switch to drafting.ecfr.gov. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. (d) Reconsideration Rights. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. (a) General. But is there any truth in it? Requirements for notification of a polygraph examination. If you have questions or comments regarding a published document please Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing 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. Choosing an item from (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. Subpart D - Polygraph Examination and Examiner Standards. Its not detecting lies, and shouldnt be thought of as a lie detector. This comes from an overly-developed sense of guilt or nervousness. 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). 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. information or personal data. But because of the wide range of human reactions, errors do happen - both false positive and false negative. 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. A separate drafting site PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. (b) The Office of Intelligence and Counterintelligence, in coordination with NNSA with regard to issues concerning a NNSA covered person, may conduct an in-depth interview with the covered person, may request relevant information from the covered person, and may arrange for the covered person to undergo an additional polygraph examination. (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. Reply Choosing an item from Subpart B - CI Evaluation Protocols and Protection of National Security. For example, if the administrator asks you if you've used drugs in the last 7 years, snorting Pixie Sticks in high school doesn't count. We recommend you directly contact the agency responsible for the content in question. (3) Concern conduct that has no direct relevance to a CI evaluation. No, I answer. Conducting polygraph countermeasures education and research. (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. 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). 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. 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 Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. I told her that I thought about the question she was asking and none of the questions bothered me I was neutral with all of them, which was true. 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. (b) Submission of Waiver Requests. Practice the countermeasures in advance. 1 CFR 1.1 Implications of refusal to take a polygraph examination. developer resources. Part of this is due to the long-standing perceived counterintelligence benefits. Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. (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. Seek synergistic collaboration across governmental interagency partners. According to Grubin, lying that I did so should show up in my physiological response. 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. Strengthen the relevance and quality of training and education. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. Search & Navigation 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. (d) Specific incident polygraph examinations. Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part. is available with paragraph structure matching the official CFR (a) If a polygraph examination is scheduled, DOE must notify the covered person, in accordance with 709.21 of this part. (b) A polygraph examiner may administer no more than five polygraph examinations in any twenty-four hour period. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. 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 . Theres a really high risk of people relying too much on these polygraph outputs, she says. 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). (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. failed counterintelligence polygraph. Why You Failed the Lie-Detector 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. For more information, please see our 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 . The willingness to talk might be very different among terrorists, he says. 00:00. 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. full text search results 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). 7. 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. In addition, in the circumstances described in this paragraph, any covered person with access to DOE classified information or material may request a polygraph examination. 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. DOE does not have the authority to ask questions that are outside the counterintelligence scope. . 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. It is not an official legal edition of the CFR. (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. Failed poly. 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. (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. Processing counterintelligence evaluation results. Privacy Policy. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. Basically, an examinee's lie only counts if the . The Ministry of Justices enthusiasm for polygraphs has been buoyed by their perceived success with sex offenders. 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. 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. 2014). 709.11 Topics within the scope of a polygraph examination. Such an evaluation is required for covered persons who are incumbent employees at least once every five years. Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. 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. (6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. well, I have failed my first ever polygraph. 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. You are using an unsupported browser. If the lie detector expert administering the exam concludes that the ANS response to one of more of the questions indicates deception, the test subject is said to have "failed" the exam. (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. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. will also bring you to search results. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . Comments or questions about document content can not be answered by OFR staff. 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. The attached DIA brochure gives an idea of what a polygraph entails. There is no bomb. Why did I fail the polygraph when I tell the truth? 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. (d), and polygraph research program in subsec. (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. If you work for a Federal agency, use this drafting Defining polygraph examination questions. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations.