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Did you plant the bomb? Its not a question Ive been asked before but Im comfortable enough denying it. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. After that, electrodes are attached to the index and ring fingers. (c) Random CI evaluation. 3. (c), oversight in subsec. Suspend means temporarily to withdraw an employee's access to information or materials protected under 709.3 of this part. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline . 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. These measure changes in skin conductance from imperceptible sweating. (b) The Office of Intelligence and Counterintelligence, in coordination with NNSA with regard to issues concerning a NNSA covered person, may conduct an in-depth interview with the covered person, may request relevant information from the covered person, and may arrange for the covered person to undergo an additional polygraph examination. 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. (g) Not less than once every calendar year quarter, the responsible Program Manager must provide a list of all incumbent employees who are covered persons under paragraphs (b) and (c) of this section to the Director of the Office of Intelligence and Counterintelligence. 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 . This document is available in the following developer friendly formats: Information and documentation can be found in our DIA's polygraph differs from the polygraph program at the Central Intelligence Agency (CIA) and National Security Agency (NSA). 1564a. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 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. Conducting continuous research and development of credibility assessment technologies, processes, and instrumentation. Comments or questions about document content can not be answered by OFR staff. Once you read about the measures, practice them regularly in the days leading up to the test so that you're thoroughly prepared. (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. There is no pilot planned for counter-terrorism uses. (b) DOE maintains all CI evaluation records, including polygraph examination records and other pertinent documentation acquired in conjunction with a counterintelligence evaluation, in a system of records established under the Privacy Act of 1974 (5 U.S.C. These are questions I faced. A separate drafting site 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). The Defense Intelligence Agency . Supporting war fighter requirements for the employment of the Preliminary Credibility Assessment Screening System (PCASS). (b) Obtains written consent from the covered person prior to the polygraph examination. 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. If you have questions or comments regarding a published document please 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. 71 FR 57392, Sept. 29, 2006, unless otherwise noted. Almost every Border Patrol Agent, Customs and Border Protection Officer, and Air and Marine Operations Agent who has joined CBP has taken, and passed, a Polygraph Exam. 709.13 Implications of refusal to take a polygraph examination. Abstract. Loss of liberty in such circumstances is determined not by court but by probation officers, the former lord chief justice, Lord Thomas, has noted. Why did I fail the polygraph when I tell the truth? (b) Use a polygraph examination that reflects significant response or no opinion as a substitute for any other required investigation. What do they ask on top secret polygraph? I passed, he asked me have u stolen anything . 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. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can . But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. Have you ever threatened anyone? Daily, I have children. I plan on answering the Questions identically as I did the first go. (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. You can learn more about the process . For more information, please see our This is a . We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. A Ministry of Justice spokesperson said: Polygraph testing of sex offenders has helped to keep the public safe and these new laws provide another reliable tool to monitor terrorists released from prison and allow us to test whether it is equally effective with domestic abusers. (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. Employees may request exculpatory polygraph examinations to deal with unresolved counterintelligence or personnel security issues. But without knowing how I would have responded before the mock crimes, I cant be sure I just care more about bombs than anything else Im asked about. What scenarios did you remember you arent telling me? She didnt mention a specific question. Uncategorized. 709.22 Right to counsel or other representation. Part of this is due to the long-standing perceived counterintelligence benefits. The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . citations and headings If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. guide. 709.17 Final disposition of CI evaluation findings and recommendations. 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. 709.14 Consequences of a refusal to complete a CI evaluation including a polygraph examination. Many claim to know the signs of deception when they see them. There are two types of polygraph exams that can be issued: counterintelligence and lifestyle. They will use the procedure lie detector tests to help assess whether convicted sex offenders out on licence are complying with the conditions of their release. This content is from the eCFR and is authoritative but unofficial. But a polygraph is not perfect: An examiner's interpretation is subjective, and results are idiosyncratic to the person being tested. 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. 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). There is no bomb. 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. Notification of approval of a waiver request will contain information regarding the duration of the waiver and any other relevant information. 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. (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. The Utah technique of polygraph test results have an overall accuracy rate of 93.9%. failed counterintelligence polygraph. 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. (a) Mandatory CI evaluation. 2401, et seq. Navigate by entering citations or phrases Have you ever hurt anyone? I admit to Chinese burns, the occasional dead leg, but what does it mean to hurt someone? Questions asked could concern drug and alcohol use, sexual misconduct, mental health, family relationships, compulsive or addictive .
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