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. 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). (a) If a polygraph examination is scheduled, DOE must notify the covered person, in accordance with 709.21 of this part. viable counterintelligence investigationor any investigationinitiated by. Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. 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 Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. These are questions I faced. Learn more about the eCFR, its status, and the editorial process. (3) Any covered person in the interest of national security. Many claim to know the signs of deception when they see them. The National Security Agency ( NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). Do you believe youll only be asked the questions we discussed? Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). I basically just sat there in the chair bummed out for 30 minutes while she disappeared. 11-30-2016, 10:18 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. (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. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 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. Chapter 75; or. I'm disappointed in myself. Trained examiners are supervised and the charts from their tests reviewed by Grubin or other practitioners. The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . Employee Polygraph Protection Act. (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. (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. What youre looking for is information to indicate theres an increased risk, he says. Reply The FBI polygraph takes approximately two to four hours to complete and is generally given in three phases. 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 . Is there even any reason to go? A polygraph exam tests your baseline vital signs followed by a series of "control" questions that will have a few relevant questions intermixed. 6. Review the questions and take your time understanding them. Polygraph interviews are an important part of security clearance procedures in many branches of the American government. After that, electrodes are attached to the index and ring fingers. Truth is I didnt plant a bomb. (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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. If you have questions for the Agency that issued the current document please contact the agency directly. She asked me which question bothered me the most. In addition to several foreign assignments, he was chief of counterintelligence at CIA headquarters in Langley, Virginia. 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. 709.13 Implications of refusal to take a polygraph examination. Some jobs in the defense sector require a lie-detector test (or polygraph) as part of their hiring process, even for interns. 1 CFR 1.1 Cookie Notice In the end, test outcome and disclosure are both important, and complementary.. 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. (a) Subject to 709.14 of this part, a covered person may refuse to take a polygraph examination pursuant to 709.3 of this part, and a covered person being examined may terminate the examination at any time. Have you ever threatened anyone? Daily, I have children. formatting. full text search results The polygraph test is given three times with the order of the questions changed on each occasion. 2401, et seq. 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%. The polygraph remains much the same as it was originally devised at the beginning of the 20 th century and still remains in use by the whole U.S. Intelligence Community and various members of the local, state, and federal law enforcement communities. Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs. 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. The Ministry of Justice introduced compulsory lie detector tests for sex offenders in 2014. Special Access Program or SAP means a program established under Executive Order 12958 for a specific class of classified information that imposes safeguarding and access requirements that exceed those normally required for information at the same classification level. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. Notification of approval of a waiver request will contain information regarding the duration of the waiver and any other relevant information. 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. Even then, in some rare cases, a declaration of "passing" can be rescinded, as it was when Wen Ho Lee was polygraphed (highly unlikely in your case). 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. For more 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. 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. Such an evaluation is required for covered persons who are incumbent employees at least once every five years. 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. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. (b) A covered person has the right to consult with legal counsel or another representative at any time during an interview conducted in accordance with 709.15 of this part. 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. 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. Oswald likens the arrangement to the industry marking its own homework and is deeply uneasy about its role in UK justice. Its a bad idea if people over-believe in the effectiveness of polygraphs. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. For me thats a very worrying prospect, says Oswald. 1. 552a). A counter intelligence polygraph is required by military members assigned to the 3 letter agencies. The official, published CFR, is updated annually and available below under (Counterintelligence and Security) Memorandum (Reference (c)). 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. 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. . 709.15 Processing counterintelligence evaluation results. (b) Composition. I passed, he asked me have u stolen anything . What were your thinking about? 10-05-2017, 08:22 PM. Check the NCCA Calendar for the latest course offerings. Polygraph Examination and Examiner Standards. (a) General. Strengthen the relevance and quality of training and education. Intelligence means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations or foreign persons. information or personal data. 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). 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. Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. The federal government uses the polygraph exam to understand an applicants' past behavior, personal connections, and personal integrity. According to Wettering, this is "where the counterintelligence community has traditionally failed badly, and continues to do so." [26] The DOE needed to employ rigorous background investigations and re-investigations, polygraph examinations, and the 'need to know' principle. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 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. or existing codification. (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. Requirements for notification of a polygraph examination. 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. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. These measure changes in skin conductance from imperceptible sweating. 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. While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. Title 10 was last amended 2/21/2023. James M. Olson served for over thirty years in the Directorate of Operations of the Central Intelligence Agency, mostly overseas in clandestine operations. Topics within the scope of a polygraph examination. failed counterintelligence polygraph. 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. Other information provided to a covered person prior to a polygraph examination. 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. 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. the FBI. Polygraph, 29, 2, 151-155. 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. (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. 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. 709.31 DOE standards for polygraph examiners and polygraph examinations. "Published Edition". Covered persons subject to a CI evaluation and polygraph. Part of this is due to the long-standing perceived counterintelligence benefits. The willingness to talk might be very different among terrorists, he says. (a) DOE may ask questions in a specific incident polygraph examination that are appropriate for a CI-scope examination or that are relevant to the counterintelligence concerns with a defined foreign nexus raised by the specific incident. Implications of refusal to take a polygraph examination. This is a . (a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). Comments or questions about document content can not be answered by OFR staff. Choosing an item from (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. (b) Submission of Waiver Requests. 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. Originally posted by AD2015 View Post. Uncategorized. (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. (d), and polygraph research program in subsec. Determining the standards for and conducting polygraph initial and continuing education. 709.12 Defining polygraph examination questions. (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 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. Original reporting and incisive analysis, direct from the Guardian every morning. DOE must provide a copy of this part to the covered person. CI Evaluation Protocols and Protection of National Security. No changes found for this content after 1/03/2017. 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. 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.. 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 serious damage to the national security. DIA requires its employees complete a Counterintelligence (CI) Polygraph while CIA and NSA require a more invasive Full-Scope Polygraph. (6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. Obtaining consent to a polygraph examination. Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination.