(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. 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). DOE standards for polygraph examiners and polygraph examinations. Foster a community-wide culture of innovation. information or personal data. 709.12 Defining polygraph examination questions. Many claim to know the signs of deception when they see them. The polygrapher will score the test by comparing your physiological responses against the control questions intended to cause you to lie. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. full text search results (3) Concern conduct that has no direct relevance to a CI evaluation. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. I was 100% honest on both the CI and lifestyle sections. 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. Please do not provide confidential 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. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 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. Other evidence appears to support their use. Defense Counterintelligence and Security Agency. Counterintelligence or CI means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document or communications security programs. You look like a completely different person from the CI charts. The Counterintelligence Scope Polygraph is the most common type of polygraph exam and it asks the candidate questions limited to those necessary to determine whether the examinee ever had any involvement with or knowledge of: . Why You Failed the Lie-Detector Test. DOE may not ask lifestyle questions or You can learn more about the process 552a). The American Polygraph Association is not an independent scientific body, its a trade association, so theres a link between commercial interests, the rollout of these tests, and the incorporation of these APA requirements in to UK law, she says. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. A Lifestyle Polygraph asks the examinee questions that concern the applicant's personal life and conduct, and can involve all aspects of present and past behavior. 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. (e). No, I answer. (2000). 2011, et seq., 7101, et seq., 7144b, et seq., 7383h-1; 50 U.S.C. (a) General. the FBI. Topics within the scope of a polygraph examination. Limits on use of polygraph examination results that reflect Significant Response or No Opinion. After leaving her office to go to my psych evaluation I was told I was invited back for tomorrow to re-test just the lifestyle section. 1. I'm disappointed in myself. 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. FAR). 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. This document is available in the following developer friendly formats: Information and documentation can be found in our May 10, 2017. A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. (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. Implications of refusal to take a polygraph examination. What scenarios did you remember you arent telling me? She didnt mention a specific question. This contact form is only for website help or website suggestions. She asked me which question bothered me the most. 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. 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 . Scan this QR code to download the app now. The Ministry of Justices enthusiasm for polygraphs has been buoyed by their perceived success with sex offenders. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . The FBI itself recognized that it lacked any sufficient grounds to. 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 belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . CI Evaluation Protocols and Protection of National Security. The willingness to talk might be very different among terrorists, he says. Follow your usual routine. 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. NNSA means DOE's National Nuclear Security Administration. 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. 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. DOE means the Department of Energy including the National Nuclear Security Administration (NNSA). The polygraph test is given three times with the order of the questions changed on each occasion. Relevant questions are those questions used during the polygraph examination that pertain directly to the issues for which the examination is being conducted. Oswald wants an immediate moratorium on polygraphs, an independent review of their usage across police forces and the probation service, and, if tests resume, continuing independent oversight. 709.10 Scope of a counterintelligence evaluation. 709.25 Limits on use of polygraph examination results that reflect Significant Response or No Opinion. switch to drafting.ecfr.gov. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. . Subscribe to: Changes in Title 10 :: Chapter III :: Part 709. (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. (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 domestic abuse bill and the counter-terrorism and sentencing bill, both passing through the Lords, provide for regular, mandatory testing of domestic abuse offenders, suspected terrorists and convicted terrorists on release. The usage of polygraphs by the U.S. Border Patrol is quite new. When all this is strapped, wrapped, clipped and dangling, the subject sits on a seat pad which detects movement a potential sign the examinee is attempting to beat the test, or perhaps merely fidgeting in a session that can last three hours. 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. If people reapply for law enforcement positions across the country, they are usually asked to report the fact, and some departments can share their polygraph results with other agencies in the same state. 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. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. 7. 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%. This web site is designed for the current versions of will bring you to those results. First, twin pneumotubes are strapped around the chest and abdomen to record breathing rate. 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. 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. She tells me to sit still. 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. (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. 131. The seat pad has detected a shuffle a warning I may be deploying countermeasures. 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. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. 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. formatting. (c) Provides guidelines for protecting the rights of individual DOE employees and DOE contractor employees subject to this part. Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. But is there any truth in it? I basically just sat there in the chair bummed out for 30 minutes while she disappeared. In addition to being truthful, here are four rules to keep in mind if you need to take a polygraph for a government position. will bring you directly to the content. We could be here all day. Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. Why did I fail the polygraph when I tell the truth? 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. Have you ever threatened anyone? Daily, I have children. Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). When making a final recommendation under 709.17 of this part, to a Program Manager, the Director of Intelligence and Counterintelligence shall report on the Counterintelligence Evaluation Review Board's views, including any consensus recommendation, or if the members are divided, a summary of majority and dissenting views. The federal government uses the polygraph exam to understand an applicants' past behavior, personal connections, and personal integrity. Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. This comes from an overly-developed sense of guilt or nervousness. Our law firm advises and represents individuals on the issues surrounding a CI Polygraph examination as part of their security clearance evaluation. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. (b) Obtains written consent from the covered person prior to the polygraph examination. Participation by Office of Intelligence and Counterintelligence personnel in any such evaluation is subject to Executive Order 12333, the DOE Procedures for Intelligence Activities, and other relevant laws, guidelines, and authorities as may be applicable with respect to such matters. 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. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. 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. Subpart C - Safeguarding Privacy and Employee Rights. PRE-TEST PHASE: Following an introduction, initiating an exam, an examine will be asked to sign a consent form stating their willingness to take an FBI polygraph.The examine will also be informed about their right against self-incrimination, as well as the right to speak and consult with . (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.