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. 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. (eg: Oftentimes, some of the most reliable people receive inconclusive results on the polygraph exam. (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. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. While failing a test would not in itself mean prison time, fresh disclosures, investigations prompted by failed tests, attempting to beat the polygraph, refusing a test or remaining silent in a test, could all trigger a recall. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. But now the controversial technique is poised to become more widespread in the British justice system. information or personal data. Almost every Border Patrol Agent, Customs and Border Protection Officer, and Air and Marine Operations Agent who has joined CBP has taken, and passed, a Polygraph Exam. 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. Do you believe youll only be asked the questions we discussed? Covered persons subject to a CI evaluation and polygraph. Topics within the scope of a polygraph examination. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. If you work for a Federal agency, use this drafting Polygraph, 29, 2, 151-155. (g) For cases involving a question of loyalty to the United States, the Director of the Office of Intelligence and Counterintelligence may refer the matter to the FBI as required by section 145d of the Atomic Energy Act of 1954. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. Relevant questions are those questions used during the polygraph examination that pertain directly to the issues for which the examination is being conducted. Follow your usual routine. Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. 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. Defense Counterintelligence and Security Agency. 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. Foster a community-wide culture of innovation. 71 FR 57392, Sept. 29, 2006, unless otherwise noted. Local commuting area means the geographic area that usually constitutes one area for employment purposes. You can learn more about the process 10-05-2017, 08:22 PM. The only way to tell for sure if one has "passed" or "failed" a polygraph "test" is when the official results are sent in writing. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. Why did I fail the polygraph when I tell the truth? If you have questions for the Agency that issued the current document please contact the agency directly. Choosing an item from failed counterintelligence polygraph. Can we trust counterintelligence polygraph tests? Currently, he is a professor of the practice at the Bush School of Government and Public Service of Texas A&M University. 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. Tip. (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. (3) Department of Defense Polygraph Institute. Reporter Ian Sample takes a polygraph test at Heaton Mount, part of the University of Bradford. Reply (d) Reconsideration Rights. (Counterintelligence and Security) Memorandum (Reference (c)). 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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. I was 100% honest on both the CI and lifestyle sections. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. DOE does not have the authority to ask questions that are outside the counterintelligence scope. (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. Uncategorized. (c) Random CI evaluation. Requirements for notification of a polygraph examination. Polygraph instrument means a diagnostic instrument used during a polygraph examination, which is capable of monitoring, recording and/or measuring at a minimum, respiratory, electrodermal, and cardiovascular activity as a response to verbal or visual stimuli. 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). learn more about the process here. (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. As provided in 709.3(b), DOE also may require a CI-scope polygraph examination. 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. 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. 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 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. As the name implies, it can include all the standard questions of both the Counterintelligence or CI Polygraph and the Lifestyle Polygraph tests and is designed to be . (a) If a polygraph examination is scheduled, DOE must notify the covered person, in accordance with 709.21 of this part. (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. No, I answer. In addition, he or she must have been granted SCI access approval. The American Psychological Association says there is no evidence that any pattern of physiological responses is unique to deception, and while honest people might be nervous when answering truthfully, dishonest people might be calm liars. As a Organization and Purpose 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. James M. Olson served for over thirty years in the Directorate of Operations of the Central Intelligence Agency, mostly overseas in clandestine operations. Program Manager means a DOE official designated by the Secretary or the Head of a DOE Element to make an access determination under this part. 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. Tests are expected to start in the spring. (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. [27] 2011, et seq., 7101, et seq., 7144b, et seq., 7383h-1; 50 U.S.C. 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. (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. 1564a. 1 CFR 1.1 It is an indicator of the salience of the question and the cognitive processing associated with it. guide. 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 Director, Office of Intelligence and Counterintelligence, shall issue a written decision on a request for waiver prior to the administration of a polygraph examination. 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. 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. Ian Samples polygraph test at Heaton Mount. well, I have failed my first ever polygraph. Implications of refusal to take a polygraph examination. (a) General. They could argue that the system is flawed or that the result is a false positive. You are using an unsupported browser. 709.15 Processing counterintelligence evaluation results. 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: . Significant response means an opinion that the analysis of the polygraph charts reveals consistent, significant, timely physiological responses to the relevant questions. A separate drafting site 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. 709.10 Scope of a counterintelligence evaluation. 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. 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. (c) Disposition of Waiver Requests. 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. Other information provided to a covered person prior to a polygraph examination. (c) Advance notice will be provided to the affected Program Manager and laboratory/site/facility director of the covered persons who are included in any random examinations that are administered in accordance with provisions at 709.3(c). Subpart D - Polygraph Examination and Examiner Standards. The polygraph test is given three times with the order of the questions changed on each occasion. (b) Submission of Waiver Requests. 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 . According to the official CBP website, "Polygraph screening has been part of CBP's vetting process since 2008; but in 2010 . Subpart C - Safeguarding Privacy and Employee Rights. I passed, he asked me have u stolen anything . They could argue that the system is flawed or that the result is a . Abstract. This is a . 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 chart shows seat pad activity in magenta, breathing rate in blue, electrodermal activity (sweating) in green, heart activity (red) and blood flow (black). Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. formatting. 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. Did you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. (c), oversight in subsec. Originally posted by AD2015 View Post. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations.
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