She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered 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. Not likely. 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. Choosing an item from It also encourages disclosures for reasons we dont understand, and in that respect it might be thought of as a truth facilitator. 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. 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. Have you ever threatened anyone? Daily, I have children. The Ministry of Justices enthusiasm for polygraphs has been buoyed by their perceived success with sex offenders. (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. 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%. Pressing enter in the search box (b) A polygraph examiner may administer no more than five polygraph examinations in any twenty-four hour period. 1/1.1 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. A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. Determining the standards for and conducting polygraph initial and continuing education. Local commuting area means the geographic area that usually constitutes one area for employment purposes. 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. (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 FBI. Did you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. (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. 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. 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. But is there any truth in it? Is there even any reason to go? James M. Olson served for over thirty years in the Directorate of Operations of the Central Intelligence Agency, mostly overseas in clandestine operations. Obtaining consent to a polygraph examination. (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. This contact form is only for website help or website suggestions. Source: took the CI polygraph for a 3 letter agency last year. Subpart B - CI Evaluation Protocols and Protection of National Security. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. As a 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. Right to counsel or other representation. Grubins training course is accredited by the American Polygraph Association which sets standards and codes of practice. or existing codification. We mustnt stop thinking about, or developing, other ways to deter offenders.. 709.23 Obtaining consent to a polygraph examination. This is an automated process for here. 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. Check the NCCA Calendar for the latest course offerings. Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. Displaying title 10, up to date as of 3/02/2023. A counter intelligence polygraph is required by military members assigned to the 3 letter agencies. (a) General. 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. Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. (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. 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. 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. (e) Utilizing the DOE security criteria in 10 CFR part 710, the Director, Office of Intelligence and Counterintelligence, makes a determination whether a covered person completing a CI evaluation has made disclosures that warrant referral, as appropriate, to the Office of Health, Safety and Security or the Manager of the applicable DOE/NNSA Site, Operations Office or Service Center. Other information provided to a covered person prior to a polygraph examination. Counter-Measures. All of that ends up being seen in the physiological response, he says. Defense Counterintelligence and Security Agency. "Published Edition". If you work for a Federal agency, use this drafting In the end, test outcome and disclosure are both important, and complementary.. These measure changes in skin conductance from imperceptible sweating. In this sense, a counterintelligence polygraph is nearly useless since your 'common person' isn't going to need to lie about being involved with foreign intelligence services. Counter-Intelligence (CI Polygraph) If you have questions or comments regarding a published document please (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. 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). citations and headings Do you believe youll only be asked the questions we discussed? 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. She asked me which question bothered me the most. (b) Paragraph (a) of this section applies to covered persons: (1) In an intelligence or counterintelligence program office (or with programmatic reporting responsibility to an intelligence or counterintelligence program office) because of access to classified intelligence information, or sources, or methods; (2) With access to Sensitive Compartmented Information; (3) With access to information that is protected within a non-intelligence Special Access Program (SAP) designated by the Secretary; (4) With regular and routine access to Top Secret Restricted Data; (5) With regular and routine access to Top Secret National Security Information; and. 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 . Demonstrate stewardship in the execution of all mission areas. 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. Truth is I didnt plant a bomb. (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. They could argue that the system is flawed or that the result is a . A separate drafting site Choosing an item from 42 U.S.C. contact the publishing agency. Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. I passed, he asked me have u stolen anything . 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. . 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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 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 . 10-05-2017, 08:22 PM. 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. Chapter 75; or. (a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). But because of the wide range of human reactions, errors do happen - both false positive and false negative. 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. (e). 71 FR 57392, Sept. 29, 2006, unless otherwise noted. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. 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. formatting. (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. 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. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. 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. First, twin pneumotubes are strapped around the chest and abdomen to record breathing rate. 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. (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. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. The official, published CFR, is updated annually and available below under (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. But Grubin says the findings show polygraphs used in this way are significantly better than chance. learn more about the process here. (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. 709.31 DOE standards for polygraph examiners and polygraph examinations. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. 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 . This is why polygraph results are inadmissible in federal court, even when a defendant wants to submit one that they hope to show demonstrates their innocence. We could be here all day. 709.3 Covered persons subject to a CI evaluation and polygraph. 709.17 Final disposition of CI evaluation findings and recommendations. 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. Comments or questions about document content can not be answered by OFR staff. Its not detecting lies, and shouldnt be thought of as a lie detector. As set forth in 709.15(b) and (c) of this part, a counterintelligence evaluation may also include other pertinent measures to address and resolve counterintelligence issues in accordance with Executive Order 12333, the DOE Procedures for Intelligence Activities, and other relevant laws, guidelines and authorities, as applicable. Recommendations shall include a summary of the basis for designation or removal of the positions and of the views of the Director of the Office of Intelligence and Counterintelligence as to the recommendations. 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.. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . will bring you directly to the content. According to Grubin, lying that I did so should show up in my physiological response. guide. 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. 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 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. Counter Intelligence stayed within the boundaries of counter intelligence questions. 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. Organization and Purpose Work on relaxing for several days leading up to the polygraph exam. 1564a. Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. (c) Random CI evaluation. Waiver of polygraph examination requirements. National security information means information that has been determined pursuant to Executive Order 12958, as amended by Executive Order 13292, or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . 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. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. Employee Polygraph Protection Act. Abstract. The equipment measures physiological responses, but responses to what, and the meaning of them, are open questions. These are questions I faced. 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. 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. Failed poly. DOE may not ask lifestyle questions or .A 2011 meta-analysis by the American Polygraph Association found that polygraph tests using comparison questions had incorrect outcomes about 15% of the time.
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