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 classified material. For example, if the administrator asks you if you've used drugs in the last 7 years, snorting Pixie Sticks in high school doesn't count. (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. Foreign nexus means specific indications that a covered person is or may be engaged in clandestine or unreported relationships with foreign powers, organizations or persons, or international terrorists; contacts with foreign intelligence services; or other hostile activities directed against DOE facilities, property, personnel, programs or contractors by or on behalf of foreign powers, organizations or persons, or international terrorists. (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. (c) Provides guidelines for protecting the rights of individual DOE employees and DOE contractor employees subject to this part. There are 10 trainees on the course at Heaton Mount, a 19th-century mansion in leafy north Bradford, where police and probation officers attend lectures and practical sessions on the polygraph. Methods to beat the test often rely on inducing a response to the comparison questions squeezing a drawing pin between your toes, for example but Grubin suggests this is easier said than done: it takes practice and it helps to have a polygraph to hone the skill on. Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part. Defense Counterintelligence and Security Agency . The Polygraph Confessional. I was 100% honest on both the CI and lifestyle sections. (eg: 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.. (b) Any job announcement or posting with respect to any position with access to classified information or materials protected under 709.3(b) and (c) of this part should indicate that DOE may condition the selection of an individual for the position (709.3(b)) or retention in that position (709.3(b) and (c)) upon his or her successful completion of a CI evaluation, including a CI-scope polygraph examination. Have you ever threatened anyone? Daily, I have children. While failing a test would not in itself mean prison time, fresh disclosures, investigations prompted by failed tests, attempting to beat the polygraph, refusing a test or remaining silent in a test, could all trigger a recall. Learn more about the eCFR, its status, and the editorial process. Grubins training course is accredited by the American Polygraph Association which sets standards and codes of practice. CI Evaluation Protocols and Protection of National Security. As the UK government plans to extend the use of lie detectors to terrorism and domestic abuse, our science editor puts himself in the hot seat. A counterintelligence evaluation consists of a counterintelligence-based review of the covered person's personnel security file and review of other relevant information available to DOE in accordance with applicable guidelines and authorities. 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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. No changes found for this content after 1/03/2017. But now the controversial technique is poised to become more widespread in the British justice system. 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. Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination. A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. 2014). 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. (b) Examiners must undergo annual continuing education for a minimum of forty hours training within the discipline of Forensic Psychophysiological Detection of Deception. But is there any truth in it? (a) Mandatory CI evaluation. failed counterintelligence polygraph. 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. 709.22 Right to counsel or other representation. It is not an official legal edition of the CFR. Trained examiners are supervised and the charts from their tests reviewed by Grubin or other practitioners. The FBI polygraph takes approximately two to four hours to complete and is generally given in three phases. 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. Demonstrate stewardship in the execution of all mission areas. You look like a completely different person from the CI charts. The equipment measures physiological responses, but responses to what, and the meaning of them, are open questions. Its a bad idea if people over-believe in the effectiveness of polygraphs. Subscribe to: Changes in Title 10 :: Chapter III :: Part 709. The polygraph test is given three times with the order of the questions changed on each occasion. (3) If a covered person who is an incumbent employee is proposed to be assigned or detailed to another agency and the receiving agency requests DOE to administer a polygraph examination as a condition of the assignment or detail. If you have questions for the Agency that issued the current document please contact the agency directly. 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. All of that ends up being seen in the physiological response, he says. CERTIFIED LifeStyle, CounterIntelligence, and FullScope Polygraph Examinations Nationwide. (b) Persons Covered.-Except as provided in subsection (d), the following . Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. (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) Submission of Waiver Requests. 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 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. It also encourages disclosures for reasons we dont understand, and in that respect it might be thought of as a truth facilitator. Do you believe youll only be asked the questions we discussed? This content is from the eCFR and may include recent changes applied to the CFR. In addition to being truthful, here are four rules to keep in mind if you need to take a polygraph for a government position. (c) Disposition of Waiver Requests. 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. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. 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. The determining authority shall notify the subject, in writing, that, although the investigation that followed the indication of deception during the polygraph examination did not in and of itself provide an independent basis for . Auditing federal polygraph programs to ensure that they are compliant with federal policy, practices, and standards. [27] (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. 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 counter intelligence polygraph is required by military members assigned to the 3 letter agencies. (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. Counter Intelligence stayed within the boundaries of counter intelligence questions. switch to drafting.ecfr.gov. or existing codification.