(c) Random CI evaluation. (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. Choosing an item from No opinion means an evaluation of a polygraph test by a polygraph examiner in which the polygraph examiner cannot render an opinion. Subscribe to: Changes in Title 10 :: Chapter III :: Part 709. Chapter 75; or. In the mean time, the fact that you mention no "post-test . 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. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. OBSERVATION #2: All nine DoD polygraph programs are in full compliance with the major provisions of current DoD policy requirements found in DoD Directive (DoDD) 5210.48 "Polygraph and Credibility Assessment Program," and DoDI 5210.91 "Polygraph and Credibility Assessment Procedures", with only two procedural exceptions noted. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. Did you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. When Lord Falconer, the shadow attorney general, called for such a pilot, Lord Wolfson, the parliamentary under-secretary of state for justice, said the sex offender pilot had already provided extremely positive results and there were too few terrorists for a trial to be meaningful. 7. 709.12 Defining polygraph examination questions. 709.31 DOE standards for polygraph examiners and polygraph examinations. PDF Counterintelligence-Scope Polygraph Examination 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. During this phase, the individual will usually be given the 1) history, rationale, and legal issues associated with the polygraph examination; and 2) the nature of the questions that will be asked. 2014). 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. 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. 'There is no bomb': what I learned taking a polygraph test For me thats a very worrying prospect, says Oswald. 3. Defense Counterintelligence and Security Agency . Debate about the scientific validity of polygraphs continues. Serve with objectivity and full transparency always. Obtaining consent to a polygraph examination. (b) A CI-scope polygraph examination is limited to topics concerning the covered person's involvement in espionage, sabotage, terrorism, unauthorized disclosure of classified information, unauthorized foreign contacts, and deliberate damage to or malicious misuse of a U.S. government information or defense system. formatting. sustain its initial counterintelligence investigation when it sought to close that. PDF DoDI 5210.91, 'Polygraph and Credibility Assessment (PCA) Procedures (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. (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. 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). Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. the FBI. This content is from the eCFR and is authoritative but unofficial. 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. 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. Does the military polygraph? Explained by Sharing Culture Conducting polygraph countermeasures education and research. The covered person must receive the notification at least ten days, excluding weekend days and holidays, before the time of the examination except when good cause is shown or when the covered person waives the advance notice provision. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . They could argue that the system is flawed or that the result is a . 10-05-2017, 08:22 PM. What do they ask on top secret polygraph? Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. If you work for a Federal agency, use this drafting In the end, test outcome and disclosure are both important, and complementary.. 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. Employee Polygraph Protection Act | U.S. Department of Labor 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. This does not include those instances in which a covered person voluntarily terminates an examination prior to the actual testing phase. 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. 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. The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. [27] (a) Mandatory CI evaluation. well, I have failed my first ever polygraph. 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. (c) Disposition of Waiver Requests. (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. (a), persons covered in subsec. Notification of approval of a waiver request will contain information regarding the duration of the waiver and any other relevant information. (eg: 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. But is there any truth in it? Right to counsel or other representation. You look like a completely different person from the CI charts. Truth is I didnt plant a bomb. the hierarchy of the document. (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. (b), exceptions from coverage for certain intelligence agencies and functions in subsec. The usage of polygraphs by the U.S. Border Patrol is quite new. 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). (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. 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 . Can We Trust Counterintelligence Polygraph Tests? But Grubin says the findings show polygraphs used in this way are significantly better than chance. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Truth is I didnt plant a bomb. No, I answer. "Published Edition". Theres a really high risk of people relying too much on these polygraph outputs, she says. 1. Practice the countermeasures in advance. 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. 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 . Maximize the accessibility of services through a mixture of in-person and virtual opportunities. 709.22 Right to counsel or other representation. Polygraph Exam FAQS | U.S. Customs and Border Protection Increased Discussion and Interest In Polygraphs - ClearanceJobs Blog 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. But because of the wide range of human reactions, errors do happen - both false positive and false negative. 49 CFR 172.101 FAR). She tells me to sit still. PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. But some choose to disclose fresh information, even breaches of their licence. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. For more information, please see our Polygraph Frequently Asked Questions Privacy Policy. (a) General. Regulation Y The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system.