(a) Following completion of a CI evaluation, the Director of the Office of Intelligence and Counterintelligence must recommend, in writing, to the appropriate Program Manager that the covered person's access be approved or retained, or denied or revoked. will bring you to those results. Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). If you work for a Federal agency, use this drafting National security information means information that has been determined pursuant to Executive Order 12958, as amended by Executive Order 13292, or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. There is no bomb. One such trick, I learn too late, is to firmly clench the buttocks. Please do not provide confidential Work on relaxing for several days leading up to the polygraph exam. Is there even any reason to go? Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . Scan this QR code to download the app now. (3) Concern conduct that has no direct relevance to a CI evaluation. 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.. or existing codification. Why You Failed the Lie-Detector Test | Military.com 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. Polygraph interviews are an important part of security clearance procedures in many branches of the American government. 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. developer resources. If the covered person is a DOE employee, DOE may reassign or realign the DOE employee's duties, or take other action, consistent with that denial of access and applicable personnel regulations. If you have questions for the Agency that issued the current document please contact the agency directly. What happens if you fail a polygraph test for police? 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. If the results of a counterintelligence evaluation are not dispositive, the Director of the Office of Intelligence and Counterintelligence may convene a Counterintelligence Evaluation Review Board to obtain the individual views of each member as assistance in resolving counterintelligence issues identified during a counterintelligence evaluation. Obtaining consent to a polygraph examination. In addition, he or she must have been granted SCI access approval. Displaying title 10, up to date as of 3/02/2023. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. In my case, even though I didnt plant a real bomb, I did hide a pretend one under a staircase and write a bomb threat letter. After that, electrodes are attached to the index and ring fingers. Chapter 75; or. Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. Sure enough, when my test is over Im told I failed: my responses chiefly the invisible sweating that increased the conductance of my skin spiked when quizzed about planting the bomb and writing the threatening letter. (d), and polygraph research program in subsec. DIA requires its employees complete a Counterintelligence (CI) Polygraph while CIA and NSA require a more invasive Full-Scope Polygraph. What questions do they ask in a CI polygraph? (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. Significant response means an opinion that the analysis of the polygraph charts reveals consistent, significant, timely physiological responses to the relevant questions. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. We could be here all day. Debate about the scientific validity of polygraphs continues. Not likely. 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. sustain its initial counterintelligence investigation when it sought to close that. It is an indicator of the salience of the question and the cognitive processing associated with it. 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. (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. May 10, 2017. 709.24 Other information provided to a covered person prior to a polygraph examination. They could argue that the system is flawed or that the result is a . [27] Regulation Y user convenience only and is not intended to alter agency intent Pressing enter in the search box In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. 7. Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs. 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. Human Reliability Program means the program under 10 CFR part 712. Auditing federal polygraph programs to ensure that they are compliant with federal policy, practices, and standards. Polygraph Examination and Examiner Standards. 1 CFR 1.1 709.11 Topics within the scope of a polygraph examination. Truth is I didnt plant a bomb. 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. 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. All of that ends up being seen in the physiological response, he says. 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. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. 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. will bring you directly to the content. (Counterintelligence and Security) Memorandum (Reference (c)). Except for interpreters and signers, no one other than the covered person and the examiner may be present in the examination room during the polygraph examination. If discovered by the examiner - either through observation or examinee admission - counter . Defense Intelligence Agency (DIA) Polygraph Brochure (3) Department of Defense Polygraph Institute. 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: . Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. 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. Local commuting area means the geographic area that usually constitutes one area for employment purposes. There is no bomb. https://www.ecfr.gov/current/title-10/chapter-III/part-709. Can we trust counterintelligence polygraph tests? 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). Title 10 was last amended 2/21/2023. The FBI itself recognized that it lacked any sufficient grounds to. In addition to several foreign assignments, he was chief of counterintelligence at CIA headquarters in Langley, Virginia. 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 . (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. But some choose to disclose fresh information, even breaches of their licence. Basically, I messed up and withheld information about something, out of fear that the person would be penalized. A polygraph exam is not just a pass/fail issue. As a Counter Intelligence stayed within the boundaries of counter intelligence questions. (b) If a covered person terminates a polygraph examination prior to the completion of the examination, DOE may treat that termination as a refusal to complete a CI evaluation under 709.14 of this part. OIG Evaluation and Inspections Report I-2006-008 (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. (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. (a) Mandatory CI evaluation. (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. 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. DOE standards for polygraph examiners and polygraph examinations. Failed poly : r/SecurityClearance - reddit 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 . 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. (d) Reconsideration Rights. Comments or questions about document content can not be answered by OFR staff. 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. How Long Is A Poly Good For? - ClearanceJobs Blog 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. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. (c) Process. FAR). The examiner said "I don't even need to step out to review these charts I can 100% tell you are being deceptive with me. (b) DOE maintains all CI evaluation records, including polygraph examination records and other pertinent documentation acquired in conjunction with a counterintelligence evaluation, in a system of records established under the Privacy Act of 1974 (5 U.S.C.