Application of Counterintelligence Evaluation Review Boards in reaching conclusions regarding CI evaluations. Before the test proper comes the pre-interview. Final disposition of CI evaluation findings and recommendations. The Counterintelligence Scope Polygraph is the most common type of polygraph exam and it asks the candidate questions limited to those necessary to determine whether the examinee ever had any involvement with or knowledge of: . very investigation without an interview of General Flynn. NNSA means DOE's National Nuclear Security Administration. (c) Random CI evaluation. The determining authority shall notify the subject, in writing, that, although the investigation that followed the indication of deception during the polygraph examination did not in and of itself provide an independent basis for . The Defense Intelligence Agency . Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 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. (a) Examiners must complete an initial training course of thirteen weeks, or longer, in conformance with the procedures and standards established by DODPI. Please do not provide confidential Is there even any reason to go? (a) Mandatory CI evaluation. Random means a statistical process whereby eligible employees have an equal probability of selection for a CI evaluation each time the selection process occurs. (d) If the Program Manager denies or revokes a DOE employee's access, DOE may reassign the employee or realign the employee's duties within the local commuting area or take other actions consistent with the denial of access. 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. (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. But Grubin argues theres no evidence of this being an issue, adding that the risk is no greater than for other measures, such as criminal record checks and tagging. When Lord Falconer, the shadow attorney general, called for such a pilot, Lord Wolfson, the parliamentary under-secretary of state for justice, said the sex offender pilot had already provided extremely positive results and there were too few terrorists for a trial to be meaningful. 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. Truth is I didnt plant a bomb. 6. Review the questions and take your time understanding them. 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%. This is a . 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. (a) Following completion of a CI evaluation, the Director of the Office of Intelligence and Counterintelligence must recommend, in writing, to the appropriate Program Manager that the covered person's access be approved or retained, or denied or revoked. The Director, Office of Intelligence and Counterintelligence, shall issue a written decision on a request for waiver prior to the administration of a polygraph examination. But now the controversial technique is poised to become more widespread in the British justice system. (3) If a covered person who is an incumbent employee is proposed to be assigned or detailed to another agency and the receiving agency requests DOE to administer a polygraph examination as a condition of the assignment or detail. Polygraph examinations generally begin with a pre-test phase that the polygraph examiner uses to prepare the individual for the examination. In terms of accuracy, there is no evidence that a "failed" polygraph test is an accurate indicator of concealed sex crimes. Conducting polygraph countermeasures education and research. Establishes and implements policy, assigns responsibilities, and provides procedures governing the use of polygraph and other approved credibility assessment tools in accordance with the guidance in DoD Directive (DoDD) 5210.48 (Reference (d)) and the authority in DoDD (c) Whenever information is developed by the Office of Health, Safety and Security indicating counterintelligence issues, the Director of that Office shall notify the Director, 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 . Counter-Measures. Defining polygraph examination questions. After leaving her office to go to my psych evaluation I was told I was invited back for tomorrow to re-test just the lifestyle section. (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. 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. Other evidence appears to support their use. 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. Subpart B - CI Evaluation Protocols and Protection of National Security. 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 . 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. The usage of polygraphs by the U.S. Border Patrol is quite new. 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. 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. 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. (c) DOE must afford the full privacy protection provided by law to information regarding a covered person's refusal to participate in a CI evaluation to include a polygraph examination and the completion of other pertinent documentation. Counterintelligence questions cover the following topics: espionage, sabotage, terrorist activities . is available with paragraph structure matching the official CFR 709.3 Covered persons subject to a CI evaluation and polygraph. Right to counsel or other representation. Detailed policies regarding intelligence polygraphs, including counterintelligence scope polygraph exams, are addressed in AR 381-20 (Army Counterintelligence Program), a classified document. The FBI itself recognized that it lacked any sufficient grounds to. Scan this QR code to download the app now. Background and more details are available in the The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence . 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. As provided in 709.3(b), DOE also may require a CI-scope polygraph examination. Counter-Intelligence (CI Polygraph) I plan on answering the Questions identically as I did the first go. Navigate by entering citations or phrases DOE administers only DODPI approved testing formats. 552a). 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. 709.31 DOE standards for polygraph examiners and polygraph examinations. (b) A CI-scope polygraph examination is limited to topics concerning the covered person's involvement in espionage, sabotage, terrorism, unauthorized disclosure of classified information, unauthorized foreign contacts, and deliberate damage to or malicious misuse of a U.S. government information or defense system. Significant response means an opinion that the analysis of the polygraph charts reveals consistent, significant, timely physiological responses to the relevant questions. Tip. will also bring you to search results. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment. 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 .

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