. 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. Cookie Notice Other information provided to a covered person prior to a polygraph examination. But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. (d), and polygraph research program in subsec. Debate about the scientific validity of polygraphs continues. However, the counsel or representative may not be present during the polygraph examination. 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. 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. Navigate by entering citations or phrases 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. 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. Tests are expected to start in the spring. (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. Requirements for notification of a polygraph examination. She stepped out in the hallway or wherever and came back and asked if I had thought Of anything or remembered anything. (b) Obtains written consent from the covered person prior to the polygraph examination. I was protecting the person. Defense Counterintelligence and Security Agency . 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. 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. 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 . DOE must provide a copy of this part to the covered person. A polygraph exam tests your baseline vital signs followed by a series of "control" questions that will have a few relevant questions intermixed. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. 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. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 402a(e) to refer the matter to the Federal Bureau of Investigation. (d) Specific incident polygraph examinations. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 709.16 Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. Theres a really high risk of people relying too much on these polygraph outputs, she says. (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. 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). Right to counsel or other representation. This content is from the eCFR and is authoritative but unofficial. It is not an official legal edition of the CFR. Counterintelligence evaluation or CI evaluation means the process, possibly including a counterintelligence scope polygraph examination, used to make recommendations as to whether certain employees should have access to information or materials protected by this part. 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. Polygraph test means that portion of the polygraph examination during which the polygraph instrument collects physiological data based upon the individual's responses to questions from the examiner. Participation by Office of Intelligence and Counterintelligence personnel in any such evaluation is subject to Executive Order 12333, the DOE Procedures for Intelligence Activities, and other relevant laws, guidelines, and authorities as may be applicable with respect to such matters. The usage of polygraphs by the U.S. Border Patrol is quite new. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. 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. You are using an unsupported browser. 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. Inevitable omissions cross my mind when the test is afoot. 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 . This web site is designed for the current versions of Truth is I didnt plant a bomb. (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. and our But because of the wide range of human reactions, errors do happen - both false positive and false negative. Choosing an item from DOE administers only DODPI approved testing formats. Oswald likens the arrangement to the industry marking its own homework and is deeply uneasy about its role in UK justice. Background and more details are available in the Limits on use of polygraph examination results that reflect Significant Response or No Opinion. Basically, an examinee's lie only counts if the . is available with paragraph structure matching the official CFR 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. Originally posted by AD2015 View Post. formatting. 709.11 Topics within the scope of a polygraph examination. ok i failed my first polygraph, trust me i was nervous as a hard attack. (a) Mandatory CI evaluation. (c) Random CI evaluation. She tells me to sit still. An official website of the United States government, Defense Counterintelligence and Security Agency, National Center for Credibility Assessment (NCCA), DCSA Office of Communications and Congressional Affairs, Center for Development of Security Excellence, Hosted by Defense Media Activity - WEB.mil. 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. Comments or questions about document content can not be answered by OFR staff. Bull is concerned that even though polygraphs are only one tool used to assess offender behaviour, there will be a temptation to rely on the results. (d) If, in carrying out a comprehensive CI evaluation of a covered person under this section, there are significant unresolved issues, not exclusively related to polygraph examination results, indicating counterintelligence issues, then the Director, Office of Intelligence and Counterintelligence shall notify the DOE national laboratory director (if applicable), plant manager (if applicable) and program manager(s) for whom the individual works that the covered person is undergoing a CI evaluation pursuant to this part and that the evaluation is not yet complete. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. failed counterintelligence polygraph. OBSERVATION #2: All nine DoD polygraph programs are in full compliance with the major provisions of current DoD policy requirements found in DoD Directive (DoDD) 5210.48 "Polygraph and Credibility Assessment Program," and DoDI 5210.91 "Polygraph and Credibility Assessment Procedures", with only two procedural exceptions noted.
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