709.5 Waiver of polygraph examination requirements. (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. A covered person may submit a request for waiver under this section, and the request shall assert the basis for the waiver sought and shall be submitted, in writing, to the Director, Office of Intelligence and Counterintelligence, at the following address: U.S. Department of Energy, Attn: Director, Office of Intelligence and Counterintelligence, 1000 Independence Avenue, SW., Washington, DC 20585. 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. In a real polygraph test, those deemed to have failed are asked to account for their apparent deception in a post-test interview. Subpart B - CI Evaluation Protocols and Protection of National Security. Security Clearances and Polygraph Examinations: FAQs 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. Maximize the accessibility of services through a mixture of in-person and virtual opportunities. (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. 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. (2000). 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. According to Goodson, some people who are telling the truth can fail polygraph tests by trying too hard to control their body's responses. 00:00. She tells me to sit still. The Lasso of Truth: The American National Security - Quo Vademus 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. Unresolved issues means an opinion by a CI evaluator that the analysis of the information developed during a CI evaluation remains inconclusive and needs further clarification before a CI access recommendation can be made. Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. No, I answer. 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. 2011, et seq., 7101, et seq., 7144b, et seq., 7383h-1; 50 U.S.C. You look like a completely different person from the CI charts. 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 classified material. 709.10 Scope of a counterintelligence evaluation. Changes made to CI Polygraph for 3 letter intel agencies, "we - reddit The United States vs Wen Ho Lee: An Error of Cooperation No opinion means an evaluation of a polygraph test by a polygraph examiner in which the polygraph examiner cannot render an opinion. 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. 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. DOE means the Department of Energy including the National Nuclear Security Administration (NNSA). 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. 709.15 Processing counterintelligence evaluation results. DOE may not administer a polygraph examination unless DOE: (a) Notifies the covered person of the polygraph examination in writing in accordance with 709.21 of this part; and. Engage in regular exercise, eat right, get plenty of sleep and try to avoid seeing the polygraph as a frightening situation. Federal Register :: Office of Counterintelligence; Polygraph (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. OIG Evaluation and Inspections Report I-2006-008 She asked me which question bothered me the most. Waiver of polygraph examination requirements. No changes found for this content after 1/03/2017. 7. We mustnt stop thinking about, or developing, other ways to deter offenders.. (eg: All of that ends up being seen in the physiological response, he says. Why You Failed the Lie-Detector Test | Military.com Why You Failed the Lie-Detector Test. 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. 709.26 Protection of confidentiality of CI evaluation records to include polygraph examination records and other pertinent documentation. 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. (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. Search & Navigation 131. But debate in the Lords and beyond has raised serious questions around the polygraphs place in the legal system. Ever failed a polygraph? I just did. - Officer.com Failed poly : r/SecurityClearance - reddit 10 U.S. Code 1564a - Counterintelligence polygraph program Conducting polygraph countermeasures education and research. 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. 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 . 49 CFR 172.101 Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs. Many who undergo a polygraph are just informed if they passed or failed, but don't really know what that means . (3) Department of Defense Polygraph Institute. 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. How long does a TS/SCI/CI polygraph exam last? - Quora Subpart D - Polygraph Examination and Examiner Standards. 11-30-2016, 10:18 PM Background and more details are available in the Counter-Intelligence (CI Polygraph) Polygraph Examination and Examiner Standards. Subpart C - Safeguarding Privacy and Employee Rights. What Happens If You Fail A Polygraph In The Military? Counter-Measures. I plan on answering the Questions identically as I did the first go. DOE does not have the authority to ask questions that are outside the counterintelligence scope. (a) General. (a) DOE adheres to the procedures and standards established by the Department of Defense Polygraph Institute (DODPI). Determining the standards for and conducting polygraph initial and continuing education. Regular and routine means access by individuals without further permission more than two times per calendar quarter.