Restricted data means all data concerning the design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy, but does not include data declassified or removed from the restricted data category pursuant to section 142 of the Atomic Energy Act of 1954. THE COUNTERINTELLIGENCE POLYGRAPH A Counterintelligence Polygraph asks the candidate questions limited to those necessary to determine whether the examinee ever had any involvement with or knowledge of espionage/sabotage against the United States, unauthorized contact with representatives of a foreign government, or unauthorized disclosure of . These are questions I faced. (b), exceptions from coverage for certain intelligence agencies and functions in subsec. If discovered by the examiner - either through observation or examinee admission - counter . (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. 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. Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs. and our (3) The examiner must receive basic Forensic Psychophysiological Detection of Deception training from the DODPI. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. Reporter Ian Sample takes a polygraph test at Heaton Mount, part of the University of Bradford. But is there any truth in it? While polygraphs might contribute to decisions to tighten restrictions on terrorism suspects, they can equally be part of the evidence to relax them. Regulation Y (a) If a polygraph examination is scheduled, DOE must notify the covered person, in accordance with 709.21 of this part. Contractor means any industrial, educational, commercial, or other entity, assistance recipient, or licensee, including an individual who has executed an agreement with DOE for the purpose of performing under a contract, license, or other agreement, and including any subcontractors of any tier. 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. Why did I fail the polygraph when I tell the truth? 709.3 Covered persons subject to a CI evaluation and polygraph. 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. Then there is the photoplethysmograph, a device smaller than its name, which clips on the end of a finger to monitor blood flow. The federal government uses the polygraph exam to understand an applicants' past behavior, personal connections, and personal integrity. The polygrapher will score the test by comparing your physiological responses against the control questions intended to cause you to lie. . (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. https://www.ecfr.gov/current/title-10/chapter-III/part-709. (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. (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. (d), and polygraph research program in subsec. 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. (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. 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. 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. 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. (a) General. You can Part of this is due to the long-standing perceived counterintelligence benefits. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. Local commuting area means the geographic area that usually constitutes one area for employment purposes. Another concern raised by the counter-terrorism and sentencing bill is the use of polygraphs to help assess whether terrorism suspects are complying with Tpim (Terrorism Prevention and Investigation Measures) notices. (b) Examiners must undergo annual continuing education for a minimum of forty hours training within the discipline of Forensic Psychophysiological Detection of Deception. 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. 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. Polygraph examination means all activities that take place between a Polygraph Examiner and an examinee (person taking the test) during a specific series of interactions, including the pretest interview, the use of the polygraph instrument to collect physiological data from the examinee while presenting a series of tests, the test data analysis phase, and the post-test phase. (c) The following organizations provide acceptable curricula to meet the training requirement of paragraph (b) of this section: (2) American Association of Police Polygraphists, and. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. Relevant questions are those questions used during the polygraph examination that pertain directly to the issues for which the examination is being conducted. formatting. (2000). 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). Abstract. I'm disappointed in myself. I was protecting the person. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. 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. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. (b) Composition. 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: . 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. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. 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. DOE administers only DODPI approved testing formats. 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. (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. (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. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. (eg: Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. 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. Can we trust counterintelligence polygraph tests? What do they ask on top secret polygraph? Basically, an examinee's lie only counts if the . sustain its initial counterintelligence investigation when it sought to close that. Counter-terrorism police investigate after uranium seized at Heathrow, Starmer makes it his personal mission to tackle domestic violence, Uranium was embedded in metal bars seized at Heathrow, Domestic abuse charges in England and Wales halved since 2015, as offences doubled, MoJmistakenly sent intimate details of victims anguish to her stalker, Dover petrol bomb suspect named as counter-terrorism police take over, James Cleverly calls for countries to unite to deprive terrorists of funds, I feel like a target: Welsh woman braces for her stalkers possible release, MI5needs more funds to tackle rightwing terror threat, says watchdog, Domestic abuse victims report violence to police several times before action, too few terrorists for a trial to be meaningful. The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. After that, electrodes are attached to the index and ring fingers. It is not an official legal edition of the CFR. 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. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Pressing enter in the search box 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. They could argue that the system is flawed or that the result is a false positive. 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. What scenarios did you remember you arent telling me? She didnt mention a specific question. This is a . Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. 00:00. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . Employee Polygraph Protection Act. 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. I basically just sat there in the chair bummed out for 30 minutes while she disappeared. Citation: MacLaren, V.V. (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. A polygraph exam is not just a pass/fail issue. Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. The FBI polygraph takes approximately two to four hours to complete and is generally given in three phases. While most people can't control physiological responses effectively, you can reduce the potential for a false positive by staying calm and rational. (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. 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. We mustnt stop thinking about, or developing, other ways to deter offenders.. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment. System Administrator means any individual who has privileged system, data, or software access that permits that individual to exceed the authorization of a normal system user and thereby override, alter, or negate integrity verification and accountability procedures or other automated and/or technical safeguards provided by the systems security assets for normal users. 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. There is no pilot planned for counter-terrorism uses. site when drafting amendatory language for Federal regulations: You are using an unsupported browser. Covered persons subject to a CI evaluation and polygraph. They could argue that the system is flawed or that the result is a . Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. According to Grubin, lying that I did so should show up in my physiological response. A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. Topics within the scope of a polygraph examination. Requirements for notification of a polygraph examination. (a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation. 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 . (b) Submission of Waiver Requests. Final disposition of CI evaluation findings and recommendations. But because of the wide range of human reactions, errors do happen - both false positive and false negative. Answer (1 of 6): It depends on whether it is an initial application for employment that requires a clearance or a routine follow-up after you are hired and cleared. 49 CFR 172.101 The official, published CFR, is updated annually and available below under guide. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. In the mean time, the fact that you mention no "post-test . Notification of the denial of a waiver request will state the basis for the denial and state that the covered person may request reconsideration of the denial by the Secretary under 709.5(d). (d) If, in carrying out a comprehensive CI evaluation of a covered person under this section, there are significant unresolved issues, not exclusively related to polygraph examination results, indicating counterintelligence issues, then the Director, Office of Intelligence and Counterintelligence shall notify the DOE national laboratory director (if applicable), plant manager (if applicable) and program manager(s) for whom the individual works that the covered person is undergoing a CI evaluation pursuant to this part and that the evaluation is not yet complete. 2401, et seq. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 1564a. (Counterintelligence and Security) Memorandum (Reference (c)). 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. 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. Source: took the CI polygraph for a 3 letter agency last year. 709.21 Requirements for notification of a polygraph examination. Grubins training course is accredited by the American Polygraph Association which sets standards and codes of practice. Search & Navigation The eCFR is displayed with paragraphs split and indented to follow If you work for a Federal agency, use this drafting here. Do you believe youll only be asked the questions we discussed? CI Evaluation Protocols and Protection of National Security. 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 .

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