Originally posted by AD2015 View Post. 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. The chart shows seat pad activity in magenta, breathing rate in blue, electrodermal activity (sweating) in green, heart activity (red) and blood flow (black). 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. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . As provided in 709.3(b), DOE also may require a CI-scope polygraph examination. Reddit and its partners use cookies and similar technologies to provide you with a better experience. and our Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. (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. The government piloted polygraphs for sex offenders and will do the same for those convicted of domestic abuse. I basically just sat there in the chair bummed out for 30 minutes while she disappeared. The polygraph examiner is required to tell you the questions ahead of time. Training requirements for polygraph examiners. DIA requires its employees complete a Counterintelligence (CI) Polygraph while CIA and NSA require a more invasive Full-Scope Polygraph. Determining the standards for and conducting polygraph initial and continuing education. 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. Grubins training course is accredited by the American Polygraph Association which sets standards and codes of practice. 131. 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. [27] DOE does not have the authority to ask questions that are outside the counterintelligence scope. Regulation Y Conducting continuous research and development of credibility assessment technologies, processes, and instrumentation. (c) Provides guidelines for protecting the rights of individual DOE employees and DOE contractor employees subject to this part. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. Currently, he is a professor of the practice at the Bush School of Government and Public Service of Texas A&M University. DIA's polygraph differs from the polygraph program at the Central Intelligence Agency (CIA) and National Security Agency (NSA). 709.10 Scope of a counterintelligence evaluation. What were your thinking about? But some choose to disclose fresh information, even breaches of their licence. (d), and polygraph research program in subsec. Local commuting area means the geographic area that usually constitutes one area for employment purposes. Search & Navigation 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. (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. will also bring you to search results. Choosing an item from 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. Polygraph Examination and Examiner Standards. 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. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. (a) Mandatory CI evaluation. Secretary means the Secretary of Energy or the Secretary's designee. 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. 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 failed counterintelligence polygraph is not grounds for dismissal, it is grounds for an investigation to see if there has indeed been any security breach. 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. (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. 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. FAR). very investigation without an interview of General Flynn. (b) If the Program Manager agrees with the recommendation, the Program Manager notifies the covered person that the covered person's access has been approved or retained, or denied or revoked. The Ministry of Justices enthusiasm for polygraphs has been buoyed by their perceived success with sex offenders. Counterintelligence polygraph program (a) Authority for Program.-The Secretary of Defense may carry out a program for the administration of counterintelligence polygraph examinations to persons described in subsection (b).The program shall be conducted in accordance with the standards specified in subsection (e). The polygrapher will score the test by comparing your physiological responses against the control questions intended to cause you to lie. 709.24 Other information provided to a covered person prior to a polygraph examination. This content is from the eCFR and may include recent changes applied to the CFR. 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. The science behind the polygraph is vague and contested. Human Reliability Program means the program under 10 CFR part 712. Why You Failed the Lie-Detector Test. Auditing federal polygraph programs to ensure that they are compliant with federal policy, practices, and standards. Defining polygraph examination questions. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. There is no bomb. (c) Disposition of Waiver Requests. You can (a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). 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. 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.. DOE standards for polygraph examiners and polygraph examinations. After that, electrodes are attached to the index and ring fingers. 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. 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. But because of the wide range of human reactions, errors do happen - both false positive and false negative. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. You look like a completely different person from the CI charts. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. (3) The examiner must receive basic Forensic Psychophysiological Detection of Deception training from the DODPI. NNSA means DOE's National Nuclear Security Administration. Chapter 75; or. Seek synergistic collaboration across governmental interagency partners. (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. I'm disappointed in myself. Practice the countermeasures in advance. While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. 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. Counterintelligence evaluation or CI evaluation means the process, possibly including a counterintelligence scope polygraph examination, used to make recommendations as to whether certain employees should have access to information or materials protected by this part. 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. (a) General. 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. site when drafting amendatory language for Federal regulations: 11-30-2016, 10:18 PM The Polygraph Confessional. She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered anything. As a Final disposition of CI evaluation findings and recommendations. 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 . (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. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. 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. 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. 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. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. 7. 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. (d) With the exception of the polygraph report, all other polygraph examination records are destroyed ninety days after the CI evaluation is completed, provided that a favorable recommendation has been made to grant or continue the access to the position. The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. 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 . We mustnt stop thinking about, or developing, other ways to deter offenders.. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? or existing codification. But because of the wide range of human reactions, errors do happen - both false positive and false negative. One such trick, I learn too late, is to firmly clench the buttocks. Conducting polygraph countermeasures education and research. 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. A counter intelligence polygraph is required by military members assigned to the 3 letter agencies. Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. Privacy Policy. (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. (6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. Reply 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. 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. (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. 6. Review the questions and take your time understanding them. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. guide. (3) If a covered person who is an incumbent employee is proposed to be assigned or detailed to another agency and the receiving agency requests DOE to administer a polygraph examination as a condition of the assignment or detail. A Counterintelligence Evaluation Review Board is chaired by the Director of the Office of Intelligence and Counterintelligence (or his/her designee) and includes representation from the appropriate line Program Managers, lab/site/facility management (if a contractor employee is involved), NNSA, if the unresolved issues involve an NNSA covered person, the DOE Office of Health, Safety and Security and security directors for the DOE or NNSA site or operations office. failed counterintelligence polygraph. Takeaway: One of the primary reasons why lie detectors are thought to be inaccurate is because of the case of Aldridge Ames. We could be here all day. We recommend you directly contact the agency responsible for the content in question. But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. 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. Cookie Notice This contact form is only for website help or website suggestions. Requirements for notification of a polygraph examination. 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. Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. Failed poly. (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. The topics covered in the counterintelligence-scope polygraph examination are identical to those used by the eleven other U.S. federal agencies that use polygraph examinations for screening purposes. 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. 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. I passed, he asked me have u stolen anything . (e) Risk assessment. 709.31 DOE standards for polygraph examiners and polygraph examinations.
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