As set forth in 709.15(b) and (c) of this part, a counterintelligence evaluation may also include other pertinent measures to address and resolve counterintelligence issues in accordance with Executive Order 12333, the DOE Procedures for Intelligence Activities, and other relevant laws, guidelines and authorities, as applicable. 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. 709.15 Processing counterintelligence evaluation results. 2401, et seq. The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. 7. The government piloted polygraphs for sex offenders and will do the same for those convicted of domestic abuse. 709.25 Limits on use of polygraph examination results that reflect Significant Response or No Opinion. Ive been told to look straight ahead at the wall so have no idea what Amanda not her real name makes of my response. is available with paragraph structure matching the official CFR DOE does not have the authority to ask questions that are outside the counterintelligence scope. Under the right circumstances, the polygraph allegedly can . Engage in regular exercise, eat right, get plenty of sleep and try to avoid seeing the polygraph as a frightening situation. (3) The examiner must receive basic Forensic Psychophysiological Detection of Deception training from the DODPI. PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. (d) Specific incident polygraph examinations. 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. 71 FR 57392, Sept. 29, 2006, unless otherwise noted. (3) Department of Defense Polygraph Institute. Ian Samples polygraph test at Heaton Mount. Polygraph Examination and Examiner Standards. information or personal data. There are two types of polygraph exams that can be issued: counterintelligence and lifestyle. 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. (Counterintelligence and Security) Memorandum (Reference (c)). 709.17 Final disposition of CI evaluation findings and recommendations. This content is from the eCFR and may include recent changes applied to the CFR. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. In the mean time, the fact that you mention no "post-test . There is no bomb. (6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. 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. 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. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. But now the controversial technique is poised to become more widespread in the British justice system. 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. After leaving her office to go to my psych evaluation I was told I was invited back for tomorrow to re-test just the lifestyle section. 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. (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. 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. Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part. I plan on answering the Questions identically as I did the first go. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. switch to drafting.ecfr.gov. (f) Based on the risk assessments conducted under paragraph (e) of this section and in consultation with the Director of the Office of Intelligence and Counterintelligence, the Program Manager shall provide recommendations as to positions to be designated or removed under paragraph (b)(6) of this section for approval by the Secretary. 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. Training requirements for polygraph examiners. When making a final recommendation under 709.17 of this part, to a Program Manager, the Director of Intelligence and Counterintelligence shall report on the Counterintelligence Evaluation Review Board's views, including any consensus recommendation, or if the members are divided, a summary of majority and dissenting views. The FBI itself recognized that it lacked any sufficient grounds to. We could be here all day. (b) Composition. Work on relaxing for several days leading up to the polygraph exam. 709.13 Implications of refusal to take a polygraph examination. Determining the standards for and conducting polygraph initial and continuing education. Conducting polygraph countermeasures education and research. If you have questions or comments regarding a published document please Polygraph report means a document that may contain identifying data of the examinee, a synopsis of the basis for which the examination was conducted, the relevant questions utilized, and the examiner's conclusion. 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. Original reporting and incisive analysis, direct from the Guardian every morning. Citation: MacLaren, V.V. 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. While most people can't control physiological responses effectively, you can reduce the potential for a false positive by staying calm and rational. Human Reliability Program means the program under 10 CFR part 712. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. What scenarios did you remember you arent telling me? She didnt mention a specific question. 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.. 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. (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. Prof Gershon Ben-Shakhar, an Israeli psychologist who has studied polygraphs for 50 years, argues that such accuracy estimates are based on flawed studies and cannot be trusted. For cases indicating that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power, DOE is required by 50 U.S.C. 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 . Reddit and its partners use cookies and similar technologies to provide you with a better experience. There is no pilot planned for counter-terrorism uses. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. We recommend you directly contact the agency responsible for the content in question. (a) Take an adverse personnel action against a covered person or make an adverse access recommendation solely on the basis of a polygraph examination result of significant response or no opinion; or. Defense Counterintelligence and Security Agency . will also bring you to search results. result, it may not include the most recent changes applied to the CFR. (d) With the exception of the polygraph report, all other polygraph examination records are destroyed ninety days after the CI evaluation is completed, provided that a favorable recommendation has been made to grant or continue the access to the position. (a) Mandatory CI evaluation. 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 . full text search results will bring you directly to the content. Implications of refusal to take a polygraph examination. 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%. If you work for a Federal agency, use this drafting Tip. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. 709.31 DOE standards for polygraph examiners and polygraph examinations. James M. Olson served for over thirty years in the Directorate of Operations of the Central Intelligence Agency, mostly overseas in clandestine operations. (3) Any covered person in the interest of national security. But because of the wide range of human reactions, errors do happen - both false positive and false negative. 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. 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). The official, published CFR, is updated annually and available below under Defining polygraph examination questions. These measure changes in skin conductance from imperceptible sweating. It is not an official legal edition of the CFR. Do you believe youll only be asked the questions we discussed? Employee Polygraph Protection Act. If people reapply for law enforcement positions across the country, they are usually asked to report the fact, and some departments can share their polygraph results with other agencies in the same state. 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.