Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. Some jobs in the defense sector require a lie-detector test (or polygraph) as part of their hiring process, even for interns. 709.11 Topics within the scope of a polygraph examination. Seek synergistic collaboration across governmental interagency partners. Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? 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. 709.25 Limits on use of polygraph examination results that reflect Significant Response or No Opinion. 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). 10-05-2017, 08:22 PM. 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. sustain its initial counterintelligence investigation when it sought to close that. 709.21 Requirements for notification of a polygraph examination. The usage of polygraphs by the U.S. Border Patrol is quite new. Counter-measures can include tactics like controlled breathing or biting one's tongue during the examination. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. 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. full text search results In this sense, a counterintelligence polygraph is nearly useless since your 'common person' isn't going to need to lie about being involved with foreign intelligence services. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. (3) Any other factors concerning the employee's responsibilities that are relevant to determining risk of unauthorized disclosure of classified information or materials. You look like a completely different person from the CI charts. Comments or questions about document content can not be answered by OFR staff. (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. 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. Reporter Ian Sample takes a polygraph test at Heaton Mount, part of the University of Bradford. During this phase, the individual will usually be given the 1) history, rationale, and legal issues associated with the polygraph examination; and 2) the nature of the questions that will be asked. Another concern raised by the counter-terrorism and sentencing bill is the use of polygraphs to help assess whether terrorism suspects are complying with Tpim (Terrorism Prevention and Investigation Measures) notices. Choosing an item from . DOE does not have the authority to ask questions that are outside the counterintelligence scope. Its not detecting lies, and shouldnt be thought of as a lie detector. 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. 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. Polygraph examination records means all records of the polygraph examination, including the polygraph report, audio-video recording, and the polygraph consent form. Takeaway: One of the primary reasons why lie detectors are thought to be inaccurate is because of the case of Aldridge Ames. (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. (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. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. (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. Learn more about the eCFR, its status, and the editorial process. 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%. 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. I told her no I cant think of anything. Foster a community-wide culture of innovation. 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. For me thats a very worrying prospect, says Oswald. Scan this QR code to download the app now. 402a(e) to refer the matter to the Federal Bureau of Investigation. The government piloted polygraphs for sex offenders and will do the same for those convicted of domestic abuse. switch to drafting.ecfr.gov. 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. Theres a really high risk of people relying too much on these polygraph outputs, she says. (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. She tells me to sit still. 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. (c) Process. Can we trust counterintelligence polygraph tests? (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. user convenience only and is not intended to alter agency intent Limits on use of polygraph examination results that reflect Significant Response or No Opinion. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . What youre looking for is information to indicate theres an increased risk, he says. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. According to Wettering, this is "where the counterintelligence community has traditionally failed badly, and continues to do so." [26] The DOE needed to employ rigorous background investigations and re-investigations, polygraph examinations, and the 'need to know' principle. Cookie Notice id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. Take all the time you need reviewing them, and feel free to ask the examiner for clarification about uncertain or confusing questions. (g) For cases involving a question of loyalty to the United States, the Director of the Office of Intelligence and Counterintelligence may refer the matter to the FBI as required by section 145d of the Atomic Energy Act of 1954. Uncategorized. Background and more details are available in the The FBI itself recognized that it lacked any sufficient grounds to. (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. Intelligence means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations or foreign persons. Truth is I didnt plant a bomb. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 7. (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. Many applicants worry that . 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. Original reporting and incisive analysis, direct from the Guardian every morning. But now the controversial technique is poised to become more widespread in the British justice system. 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). Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. Navigate by entering citations or phrases Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. All of that ends up being seen in the physiological response, he says. 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. However, the counsel or representative may not be present during the polygraph examination. 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. is available with paragraph structure matching the official CFR No opinion means an evaluation of a polygraph test by a polygraph examiner in which the polygraph examiner cannot render an opinion. 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. But Ray Bull, professor of criminal investigation at the University of Derby, points out that some sex offenders may confess bad behaviour because they dont want to commit awful crimes. In addition, in the circumstances described in this paragraph, any covered person with access to DOE classified information or material may request a polygraph examination. [27] 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. Under the right circumstances, the polygraph allegedly can . 552a). The polygraph examiner is required to tell you the questions ahead of time. 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 . But because of the wide range of human reactions, errors do happen - both false positive and false negative. The polygraph test is given three times with the order of the questions changed on each occasion. Program Manager means a DOE official designated by the Secretary or the Head of a DOE Element to make an access determination under this part. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. Citation: MacLaren, V.V. 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). (eg: 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. If you have questions for the Agency that issued the current document please contact the agency directly. 709.5 Waiver of polygraph examination requirements. 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. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 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.