(6) Any system administrator with access to a system containing classified information, as identified by the DOE or NNSA Chief Information Officer. switch to drafting.ecfr.gov. The chart shows seat pad activity in magenta, breathing rate in blue, electrodermal activity (sweating) in green, heart activity (red) and blood flow (black). (eg: Except as provided in 709.5 of this part with regard to waivers, a CI evaluation, which may include a CI-scope polygraph examination, is required for any covered person in any category under paragraph (b) of this section who will have or has access to classified information or materials protected under this paragraph. (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. Did you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Have you ever threatened anyone? Daily, I have children. Blog Inizio Senza categoria failed counterintelligence polygraph. (a) DOE owns all CI evaluation records, including polygraph examination records and reports and other evaluation documentation. (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. Counter-Intelligence (CI Polygraph) Engage in regular exercise, eat right, get plenty of sleep and try to avoid seeing the polygraph as a frightening situation. We mustnt stop thinking about, or developing, other ways to deter offenders.. Demonstrate stewardship in the execution of all mission areas. 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. You are using an unsupported browser. 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. (f) Covered persons whose access is denied or revoked may request reconsideration by the head of the relevant DOE element. id you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. 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 . There is no pilot planned for counter-terrorism uses. The government piloted polygraphs for sex offenders and will do the same for those convicted of domestic abuse. 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. failed counterintelligence polygraph. Covered persons subject to a CI evaluation and polygraph. But because of the wide range of human reactions, errors do happen - both false positive and false negative. full text search results The final way an applicant can "fail" a polygraph is by using counter-measures in an attempt to defeat the test. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner, the report states. Local commuting area means the geographic area that usually constitutes one area for employment purposes. There is no bomb. (b) Submission of Waiver Requests. Yesterday I took a FS poly (CI + Lifestyle) and was told that I passed the CI portion with flying colors but failed the lifestyle portion. (c) Disposition of Waiver Requests. A polygraph exam is not just a pass/fail issue. The willingness to talk might be very different among terrorists, he says. The major results of the survey showed the following: Among the respondents, 62% had an active polygraph screening program, 31% did not and 7% had discontinued . 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. Here is the DoD polygraph regulation, including the national security exception used in Dullahan's case: C1.1.6.1. A failing polygraph test can not only cost you a job, but it can also keep you going throughout your career. Its a topic for debate because the answers arent simple, he says, on the use of polygraphs in the legal system. (c) Advance notice will be provided to the affected Program Manager and laboratory/site/facility director of the covered persons who are included in any random examinations that are administered in accordance with provisions at 709.3(c). But Grubin says the findings show polygraphs used in this way are significantly better than chance. (1) Probe a covered person's thoughts or beliefs; (2) Concern conduct that has no CI implication with a defined foreign nexus; or. Part 709 also describes the polygraph examination protocols DOE uses, the policies for safeguarding the privacy rights of employees, and the requirements that apply to ensure well qualified and well trained . (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. Abstract. They could argue that the system is flawed or that the result is a . (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. In addition, he or she must have been granted SCI access approval. https://www.ecfr.gov/current/title-10/chapter-III/part-709. The National Center for Credibility Assessments (NCCA) mission is NCCA carries out its mission by: to lead the credibility assessment enterprise by delivering premier training and education; program oversight; technical support; and research, development, testing, and evaluation (RDT&E) services. DOE means the Department of Energy including the National Nuclear Security Administration (NNSA). Cookie Notice When all this is strapped, wrapped, clipped and dangling, the subject sits on a seat pad which detects movement a potential sign the examinee is attempting to beat the test, or perhaps merely fidgeting in a session that can last three hours. The Ministry of Justices enthusiasm for polygraphs has been buoyed by their perceived success with sex offenders. (b), exceptions from coverage for certain intelligence agencies and functions in subsec. . For the purpose of deciding whether to designate or remove employees for mandatory CI evaluations under paragraph (b)(6) of this section, Program Managers may consider: (1) Access on a non-regular and non-routine basis to Top Secret Restricted Data or Top Secret National Security Information or the nature and extent of access to other classified information; (2) Unescorted or unrestricted access to significant quantities or forms of special nuclear materials; and. Access authorization means an administrative determination under the Atomic Energy Act of 1954, Executive Order 12968, or 10 CFR part 710 that an individual is eligible for access to classified matter or is eligible for access to, or control over, special nuclear material. 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. Oftentimes, some of the most reliable people receive inconclusive results on the polygraph exam. (a) If a covered person is an applicant for employment or assignment or a potential detailee or assignee with regard to an identified position and the covered person refuses to complete a CI evaluation including a polygraph examination required by this part as an initial condition of access, DOE and its contractors must refuse to employ, assign, or detail that covered person with regard to the identified position. (a) At the covered person's own expense, a covered person has the right to obtain and consult with legal counsel or another representative. 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. 19 states allow polygraphs to be admissible in the guilt phase of a trial only after stipulation between the defendant and prosecutors. 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 . information or personal data. 709.13 Implications of refusal to take a polygraph examination. Title 10 was last amended 2/21/2023. Secretary means the Secretary of Energy or the Secretary's designee. 552a). (f) Provide the covered person with a pre-addressed envelope, which may be used to submit a quality assurance questionnaire, comments or complaints concerning the examination. I passed, he asked me have u stolen anything . Obtaining consent to a polygraph examination. In response to specific facts or circumstances with potential counterintelligence implications with a defined foreign nexus, 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) may require a covered person with access to DOE classified information or materials to consent to and take an event-specific polygraph examination. 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.
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