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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. 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. (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. Covered persons subject to a CI evaluation and polygraph. Polygraph Examination and Examiner Standards. Requirements for notification of a polygraph examination. Before the test proper comes the pre-interview. Limits on use of polygraph examination results that reflect Significant Response or No Opinion. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . (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. Foreign nexus means specific indications that a covered person is or may be engaged in clandestine or unreported relationships with foreign powers, organizations or persons, or international terrorists; contacts with foreign intelligence services; or other hostile activities directed against DOE facilities, property, personnel, programs or contractors by or on behalf of foreign powers, organizations or persons, or international terrorists. . 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. (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. Scan this QR code to download the app now. 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. 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. 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. site when drafting amendatory language for Federal regulations: 71 FR 57392, Sept. 29, 2006, unless otherwise noted. 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. Abstract. 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. 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. Currently, he is a professor of the practice at the Bush School of Government and Public Service of Texas A&M University. 709.17 Final disposition of CI evaluation findings and recommendations. There are two types of polygraph exams that can be issued: counterintelligence and lifestyle. 2014). In the end, test outcome and disclosure are both important, and complementary.. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. (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. A counter intelligence polygraph is required by military members assigned to the 3 letter agencies. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. DOE may not ask lifestyle questions or (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. 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. 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 . Except for interpreters and signers, no one other than the covered person and the examiner may be present in the examination room during the polygraph examination. As a Regular and routine means access by individuals without further permission more than two times per calendar quarter. 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. 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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Its not detecting lies, and shouldnt be thought of as a lie detector. Basically, I messed up and withheld information about something, out of fear that the person would be penalized. (c) Process. (6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. The polygraph test is given three times with the order of the questions changed on each occasion. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. There is no bomb. It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. will bring you to those results. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. 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. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. 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). will bring you directly to the content. 00:00. 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. (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. I basically just sat there in the chair bummed out for 30 minutes while she disappeared. Chapter 75; or. 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. or existing codification. https://www.ecfr.gov/current/title-10/chapter-III/part-709. Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. the FBI. Do you believe youll only be asked the questions we discussed? But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. Reply Obtaining consent to a polygraph examination. Counter-Measures. Many applicants worry that . Search & Navigation Why did I fail the polygraph when I tell the truth? There is no pilot planned for counter-terrorism uses. 10-05-2017, 08:22 PM. . 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. For me thats a very worrying prospect, says Oswald. The usage of polygraphs by the U.S. Border Patrol is quite new. 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. Scope of a counterintelligence evaluation. Counterintelligence program office means the Office of Counterintelligence in the Office of Intelligence and Counterintelligence (and any successor office to which that office's duties and authorities may be reassigned). Human Reliability Program means the program under 10 CFR part 712. It is an indicator of the salience of the question and the cognitive processing associated with it. PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. 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. Deliver premier credibility assessment services to fortify uncompromised intelligence, national security, and law enforcement capabilities. I was 100% honest on both the CI and lifestyle sections. In the mean time, the fact that you mention no "post-test . Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). Please do not provide confidential Counter Intelligence stayed within the boundaries of counter intelligence questions. Determining the standards for and conducting polygraph initial and continuing education. 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. The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . 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 . By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Tip. Subpart B - CI Evaluation Protocols and Protection of National Security. 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. Top Secret means the security classification that is applied to DOE-generated information or material the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. 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. (a) If the reviews under 709.10 or a polygraph examination present unresolved foreign nexus issues that raise significant questions about the covered person's access to classified information or materials protected under 709.3 of this part that justified the counterintelligence evaluation, DOE may undertake a more comprehensive CI evaluation that, in appropriate circumstances, may include evaluation of financial, credit, travel, and other relevant information to resolve any identified issues. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. But some choose to disclose fresh information, even breaches of their licence. What scenarios did you remember you arent telling me? She didnt mention a specific question. 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. (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. Title 10 was last amended 2/21/2023. Other evidence appears to support their use. 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. No, I answer. "Published Edition". Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. (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 Defense Intelligence Agency . While most people can't control physiological responses effectively, you can reduce the potential for a false positive by staying calm and rational. 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