Implications of refusal to take a polygraph examination. It is not an official legal edition of the CFR. Even then, in some rare cases, a declaration of "passing" can be rescinded, as it was when Wen Ho Lee was polygraphed (highly unlikely in your case). Why did I fail the polygraph when I tell the truth? Topics within the scope of a polygraph examination. 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. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. Notification of the denial of a waiver request will state the basis for the denial and state that the covered person may request reconsideration of the denial by the Secretary under 709.5(d). (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. Do you believe youll only be asked the questions we discussed? Notification of approval of a waiver request will contain information regarding the duration of the waiver and any other relevant information. These measure changes in skin conductance from imperceptible sweating. 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. learn more about the process here. 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. CI polygraphs / Lifestyle Polygraph Examinations | CI (e) If the Program Manager revokes the access of a covered person assigned or detailed to DOE, DOE may remove the assignee or detailee from access to the information that justified the CI evaluation and return the assignee or detailee to the agency of origin. The federal government uses the polygraph exam to understand an applicants' past behavior, personal connections, and personal integrity. will bring you to those results. 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: . The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. (eg: Can We Trust Counterintelligence Polygraph Tests? 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. 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. 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 FBI itself recognized that it lacked any sufficient grounds to. 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. But because of the wide range of human reactions, errors do happen - both false positive and false negative. Secretary means the Secretary of Energy or the Secretary's designee. 1 CFR 1.1 If it is for an initial application and employment you will most likely not get the job as agencies and companies have discretion in. the hierarchy of the document. Employee Polygraph Protection Act. Blog Inizio Senza categoria failed counterintelligence polygraph. Scan this QR code to download the app now. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. The polygraph test is given three times with the order of the questions changed on each occasion. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? However, the counsel or representative may not be present during the polygraph examination. Many who undergo a polygraph are just informed if they passed or failed, but don't really know what that means . Demonstrate stewardship in the execution of all mission areas. (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. 10 U.S. Code 1564a - Counterintelligence polygraph program 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. Its a bad idea if people over-believe in the effectiveness of polygraphs. very investigation without an interview of General Flynn. (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. The Ministry of Justice introduced compulsory lie detector tests for sex offenders in 2014. 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. PDF Department of Defense Polygraph Program Process and Compliance Study 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. developer resources. 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. 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. (c) Disposition of Waiver Requests. Conducting polygraph countermeasures education and research. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. To Catch a Spy : The Art of Counterintelligence - Google Books Failed poly : r/SecurityClearance - reddit Pressing enter in the search box and our By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Counter Intelligence stayed within the boundaries of counter intelligence questions. The Utah technique of polygraph test results have an overall accuracy rate of 93.9%. 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. The seat pad has detected a shuffle a warning I may be deploying countermeasures. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. This is a . . https://www.ecfr.gov/current/title-10/chapter-III/part-709. 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. 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. In support of the single issue tests given to sex offenders it cites an 89% decision accuracy rate taken from an American Polygraph Association meta-analysis of 45 experiments and surveys. In my case, these send me back through a Rolodex of past experiences. Is a polygraph a reliable lie detector? - The Conversation Special Access Program or SAP means a program established under Executive Order 12958 for a specific class of classified information that imposes safeguarding and access requirements that exceed those normally required for information at the same classification level. 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. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. PDF DoDI 5210.91, 'Polygraph and Credibility Assessment (PCA) Procedures 709.5 Waiver of polygraph examination requirements. failed counterintelligence polygraph - AllInsuranceInfo.org The Limits of the Polygraph - Issues in Science and Technology (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. 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. This comes from an overly-developed sense of guilt or nervousness. Counterintelligence-scope or CI-scope polygraph examination means a polygraph examination using questions reasonably calculated to obtain counterintelligence information, including questions relating to espionage, sabotage, terrorism, unauthorized disclosure of classified information, deliberate damage to or malicious misuse of a United States Government information or defense system, and unauthorized contact with foreign nationals. Then a blood pressure cuff is wrapped around the arm and inflated to monitor heart activity. (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. What questions do they ask in a CI polygraph? What questions do they ask in a CI Polygraph? - TipsFolder.com As the name implies, it can include all the standard questions of both the Counterintelligence or CI Polygraph and the Lifestyle Polygraph tests and is designed to be . (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. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment. (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. (1) With regard to a DOE employee, the removal, suspension for more than 14 days, reduction in grade or pay, or a furlough of 30 days or less as described in 5 U.S.C. (3) Department of Defense Polygraph Institute. Except as otherwise determined by the Secretary, on the recommendation of the appropriate Program Manager, if a covered person with access to DOE classified information or materials refuses to consent to or take a polygraph examination under this paragraph, then the Director of the Office of Intelligence and Counterintelligence (or, in the case of a covered person in NNSA, the Administrator of NNSA, after consideration of the recommendation of the Director, Office of Intelligence and Counterintelligence) shall direct the denial of access (if any) to classified information and materials protected under paragraphs (b) and (c) of this section, and shall refer the matter to the Office of Health, Safety and Security for a review of access authorization eligibility under 10 CFR part 710. Source: took the CI polygraph for a 3 letter agency last year. How to Know If You Passed a Polygraph Test - Career Trend 709.15 Processing counterintelligence evaluation results. 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. What youre looking for is information to indicate theres an increased risk, he says. Counter-Intelligence (CI Polygraph) (c) The following organizations provide acceptable curricula to meet the training requirement of paragraph (b) of this section: (2) American Association of Police Polygraphists, and. (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. Uncategorized. (c) Random CI evaluation. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . The examiner said I dont even need to step out to review these charts I can 100% tell you are being deceptive with me. Tip. Covered persons subject to a CI evaluation and polygraph. With that said, I had a CI polygraph about a year ago for a IC agency and it stayed within the bounds of CI questions. (b) A polygraph examiner may administer no more than five polygraph examinations in any twenty-four hour period. It has also become more of a palaver, particularly in a time of pandemic when the examiner is wearing full PPE. The United States vs Wen Ho Lee: An Error of Cooperation For Don Grubin, emeritus professor of forensic psychiatry at Newcastle University and director of Behavioural Measures which runs the Heaton Mount training course, the polygraph is a means of gaining fresh information, an additional tool to help manage offenders. 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. 709.23 Obtaining consent to a polygraph examination. 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. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Oswald wants an immediate moratorium on polygraphs, an independent review of their usage across police forces and the probation service, and, if tests resume, continuing independent oversight. sustain its initial counterintelligence investigation when it sought to close that. Follow your usual routine. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 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. One such trick, I learn too late, is to firmly clench the buttocks. As provided for in 709.3(c), a CI evaluation, if conducted on a random basis, will include a CI-scope polygraph examination. But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. Debate about the scientific validity of polygraphs continues. 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. I was 100% honest on both the CI and lifestyle sections. The Defense Intelligence Agency . (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. 709.31 DOE standards for polygraph examiners and polygraph examinations. DOE means the Department of Energy including the National Nuclear Security Administration (NNSA). Ian Samples polygraph test at Heaton Mount. Security Clearances and Polygraph Examinations: FAQs You look like a completely different person from the CI charts. Questions asked could concern drug and alcohol use, sexual misconduct, mental health, family relationships, compulsive or addictive . (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. 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). (c) Whenever information is developed by the Office of Health, Safety and Security indicating counterintelligence issues, the Director of that Office shall notify the Director, Office of Intelligence and Counterintelligence. 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. THE COUNTERINTELLIGENCE POLYGRAPH 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 . This web site is designed for the current versions of failed counterintelligence polygraph. There is no bomb. The FBI polygraph takes approximately two to four hours to complete and is generally given in three phases. 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. or existing codification. This contact form is only for website help or website suggestions. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. (a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation. The Polygraph Confessional. 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. .A 2011 meta-analysis by the American Polygraph Association found that polygraph tests using comparison questions had incorrect outcomes about 15% of the time. [27] Polygraph Frequently Asked Questions A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. (c) DOE must afford the full privacy protection provided by law to information regarding a covered person's refusal to participate in a CI evaluation to include a polygraph examination and the completion of other pertinent documentation. What happens if you fail a polygraph test for a security clearance? These are questions I faced. Please do not provide confidential 709.3 Covered persons subject to a CI evaluation and polygraph. (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. This content is from the eCFR and may include recent changes applied to the CFR. contact the publishing agency. Top 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 exceptionally grave damage to the national security. What happens if A polygraph is failed? (Army, Marine, training Why You Failed the Lie-Detector Test. (e) Risk assessment. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. A trainee polygraph examiner, she is hunched over a laptop monitoring my reaction to her questions via sensors on my hand, arm and around my chest. Subpart B - CI Evaluation Protocols and Protection of National Security. (d), and polygraph research program in subsec. Displaying title 10, up to date as of 3/02/2023. 709.24 Other information provided to a covered person prior to a polygraph examination. You can Conducting continuous research and development of credibility assessment technologies, processes, and instrumentation. 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). Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part. 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 After that, electrodes are attached to the index and ring fingers. (b), exceptions from coverage for certain intelligence agencies and functions in subsec. Have you ever threatened anyone? Daily, I have children. The polygraph remains much the same as it was originally devised at the beginning of the 20 th century and still remains in use by the whole U.S. Intelligence Community and various members of the local, state, and federal law enforcement communities. guide. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . Answer: In my experience inside the CIA, depending on the circumstances it could take less than a half hour or more than two hours, perhaps with some cooling-off pauses. What Happens If You Fail A Polygraph In The Military? 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. information or personal data. 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 . (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. Its central mission is to assist federal agencies in the protection of U.S. citizens, interests, infrastructure, and security by providing credibility assessment training, oversight and research. Maybe even a postponement of a day or to The exam one takes in order to come on board is very, very thorough and takes a long t. Other information provided to a covered person prior to a polygraph examination. 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. DOE administers only DODPI approved testing formats. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. PART 709 - COUNTERINTELLIGENCE EVALUATION PROGRAM. James M. Olson served for over thirty years in the Directorate of Operations of the Central Intelligence Agency, mostly overseas in clandestine operations. How long does a TS/SCI/CI polygraph exam last? - Quora General Michael Flynn Sues DOJ, FBI and US Government for Malicious Contractor means any industrial, educational, commercial, or other entity, assistance recipient, or licensee, including an individual who has executed an agreement with DOE for the purpose of performing under a contract, license, or other agreement, and including any subcontractors of any tier. 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. 2014). 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.