DIA requires its employees complete a Counterintelligence (CI) Polygraph while CIA and NSA require a more invasive Full-Scope Polygraph. We recommend you directly contact the agency responsible for the content in question. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. It also encourages disclosures for reasons we dont understand, and in that respect it might be thought of as a truth facilitator. Part 709 also describes the polygraph examination protocols DOE uses, the policies for safeguarding the privacy rights of employees, and the requirements that apply to ensure well qualified and well trained . 1564a. 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. Regular and routine means access by individuals without further permission more than two times per calendar quarter. 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. Well he asked me have i done any undetected crimes, by the way he explained to me that an undetected crime is stealing anything that doesnt belong to me anything bad that i have done that was undetected, money, clothes etc. Practicing these beforehand can greatly increase the likelihood that you will "pass" the polygraph examination, but only if you do them right. Counter-Intelligence (CI Polygraph) 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. 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. 709.3 Covered persons subject to a CI evaluation and polygraph. 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. Active duty military don't have to do a lifestyle polygraph. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . 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. You can (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) 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. Defining polygraph examination questions. 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. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 709.11 Topics within the scope of a polygraph examination. NNSA means DOE's National Nuclear Security Administration. Before administering the polygraph examination, the examiner must: (a) Inform the covered person that audio and video recording of each polygraph examination session will be made, and that other observation devices, such as two-way mirrors and observation rooms, also may be employed; (b) Explain to the covered person the characteristics and nature of the polygraph instrument and examination; (c) Explain to the covered person the physical operation of the instrument and the procedures to be followed during the examination; (d) Review with the covered person the relevant questions to be asked during the examination; (e) Advise the covered person of the covered person right against self-incrimination; and. Conducting continuous research and development of credibility assessment technologies, processes, and instrumentation. Seek synergistic collaboration across governmental interagency partners. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. DOE standards for polygraph examiners and polygraph examinations. sustain its initial counterintelligence investigation when it sought to close that. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. (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. Processing counterintelligence evaluation results. (3) Any covered person in the interest of national security. This comes from an overly-developed sense of guilt or nervousness. As provided in 709.3(b), DOE also may require a CI-scope polygraph examination. She tells me to sit still. 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 . DOE may not ask lifestyle questions or Currently, he is a professor of the practice at the Bush School of Government and Public Service of Texas A&M University. 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. The eCFR is displayed with paragraphs split and indented to follow Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . Determining the standards for and conducting polygraph initial and continuing education. (c) Process. When a polygraph examination is scheduled, the DOE must notify the covered person, in writing, of the date, time, and place of the polygraph examination, the provisions for a medical waiver, and the covered person's right to obtain and consult with legal counsel or to secure another representative prior to the examination. 709.5 Waiver of polygraph examination requirements. However, due to the wide range of human reactions, mistakes do occur, both false positive and false negative. Serve with objectivity and full transparency always. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. 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. 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. 709.24 Other information provided to a covered person prior to a polygraph examination. Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. (c) Provides guidelines for protecting the rights of individual DOE employees and DOE contractor employees subject to this part. Learn more about the eCFR, its status, and the editorial process. 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. . 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. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? 7. 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. For the purpose of deciding whether to designate or remove employees for mandatory CI evaluations under paragraph (b)(6) of this section, Program Managers may consider: (1) Access on a non-regular and non-routine basis to Top Secret Restricted Data or Top Secret National Security Information or the nature and extent of access to other classified information; (2) Unescorted or unrestricted access to significant quantities or forms of special nuclear materials; and. 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. (d) If the Program Manager denies or revokes a DOE employee's access, DOE may reassign the employee or realign the employee's duties within the local commuting area or take other actions consistent with the denial of access. Have you ever threatened anyone? Daily, I have children. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. Deliver premier credibility assessment services to fortify uncompromised intelligence, national security, and law enforcement capabilities. 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. Waiver of polygraph examination requirements. Background and more details are available in the information or personal data. Establishes and implements policy, assigns responsibilities, and provides procedures governing the use of polygraph and other approved credibility assessment tools in accordance with the guidance in DoD Directive (DoDD) 5210.48 (Reference (d)) and the authority in DoDD well, I have failed my first ever polygraph. (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. Abstract. 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. b. The polygraph examiner is required to tell you the questions ahead of time. According to Grubin, lying that I did so should show up in my physiological response. 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). May 10, 2017. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. 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. (a) Mandatory CI evaluation. 2401, et seq. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. (3) Department of Defense Polygraph Institute. Auditing federal polygraph programs to ensure that they are compliant with federal policy, practices, and standards. (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. FAR). 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. This content is from the eCFR and may include recent changes applied to the CFR. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested.
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