S.B. 1440 and FBI CI Polygraph Program

[George W. Maschke]

On 22 July 2003, Senators Charles Grassley and Patrick Leahy introduced Senate Bill 1440, the "Federal Bureau of Investigation Reform Act of 2003." Title III of this bill would establish an FBI counterintelligence polygraph program.

Section 303(b)(1) directs the Attorney General, in prescribing regulations for the polygraph program, to "take into account the results of the Polygraph Review" of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences. But the main conclusion of that review (The Polygraph and Lie Detection, National Academies Press, 2003) is that "Polygraph testing yields an unacceptable choice for...employee security screening between too many loyal employees falsely judged deceptive and too many major security threats left undetected. Its accuracy in distinguishing actual or potential security violators from innocent test takers is insufficient to justify reliance on its use in employee security screening in federal agencies" and that "

• verconfidence in the polygraph--a belief in its accuracy not justified by the evidence--presents a danger to national security objectives"[/i] (p. 219, original emphasis).
  
  As Dr. Kathryn Blackmond Laskey emphasized at the National Academy of Sciences' 8 October 2002 press conference announcing the polygraph review committee's findings, polygraph screening such as that contemplated by Senate Bill 1440 has never caught a single spy. On the other hand, spies like Karl Frantisek Koecher, Larry Wu-tai Chin, Aldrich Hazen Ames, and Ana Belen Montes all beat the polygraph. Far from enhancing national security, Title III of S.B. 1440 will undermine it.
  
  It is ironic that Senators Grassley and Leahy should direct the Attorney General to prescribe regulations for a polygraph screening program taking into account the findings of the NAS report, when that report finds precisely that such screening programs should not be implemented! Have these Senators gone daft?
  
  Here is the full text of Title III of S.B. 1440:
  
  

            TITLE III--FBI COUNTERINTELLIGENCE POLYGRAPH PROGRAM
  
        SEC. 301. DEFINITIONS.
  
          In this title:
          (1) Polygraph program.--The term ``polygraph program''
        means the counterintelligence screening polygraph program
        established under section 302.
          (2) Polygraph review.--The term ``Polygraph Review'' means
        the review of the scientific validity of the polygraph for
        counterintelligence screening purposes conducted by the
        Committee to Review the Scientific Evidence on the Polygraph
        of the National Academy of Sciences.
  
        SEC. 302. ESTABLISHMENT OF PROGRAM.
  
          Not later than 6 months after the date of enactment of this
        Act, the Attorney General, in consultation with the Director
        of the Federal Bureau of Investigation and the Director of
        Security of the Federal Bureau of Investigation, shall
        establish a counterintelligence screening polygraph program
        for the Federal Bureau of Investigation that consists of
        periodic polygraph examinations of employees, or contractor
        employees of the Federal Bureau of Investigation who are in
        positions specified by the Director of the Federal Bureau of
        Investigation as exceptionally sensitive in order to minimize
        the potential for unauthorized release or disclosure of
        exceptionally sensitive information.
  
        SEC. 303. REGULATIONS.
  
          (a) In General.--The Attorney General shall prescribe
        regulations for the polygraph program in accordance with
        subchapter II of chapter 5 of title 5, United States Code
        (commonly referred to as the Administrative Procedures Act).
          (b) Considerations.--In prescribing regulations under
        subsection (a), the Attorney General shall--
          (1) take into account the results of the Polygraph Review;
        and
          (2) include procedures for--
          (A) identifying and addressing false positive results of
        polygraph examinations;
          (B) ensuring that adverse personnel actions are not taken
        against an individual solely by reason of the physiological
        reaction of the individual to a question in a polygraph
        examination, unless--
          (i) reasonable efforts are first made independently to
        determine through alternative means, the veracity of the
        response of the individual to the question; and
          (ii) the Director of the Federal Bureau of Investigation
        determines personally that the personnel action is justified;
          (C) ensuring quality assurance and quality control in
        accordance with any guidance provided by the Department of
        Defense Polygraph Institute and the Director of Central
        Intelligence; and
          (D) allowing any employee or contractor who is the subject
        of a counterintelligence screening polygraph examination
        under the polygraph program, upon written request, to have
        prompt access to any unclassified reports regarding an
        examination that relates to any adverse personnel action
        taken with respect to the individual.
  
        SEC. 304. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL
                     SECURITY PROGRAM.
  
          (a) In General.--Not later than 9 months after the date of
        enactment of this Act, the Director of the Federal Bureau of
        Investigation shall submit to Congress a report setting forth
        recommendations for any legislative action that the Director
        considers appropriate in order to enhance the personnel
        security program of the Federal Bureau of Investigation.
          (b) Polygraph Review Results.--Any recommendation under
        subsection (a) regarding the use of polygraphs shall take
        into account the results of the Polygraph Review.

[Saidme]

George

Blah blah blah blah false positive blah blah blah blah scientific validity blah blah blah blah blah blah blah wrongfully accused blah blah blah blah blah blah empirical evidence blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah peer reviewed blah blah blah blah blah blah blah.  

Have a good weekend.

[Human Subject]

Saidme continues to make the anti-polygraph case for us.  Evidence schmevidence!

[George W. Maschke]

Human Subject,

I wholeheartedly agree. Saidme's flippancy vividly illustrates, in a way that we could not, that which is wrong with the polygraph community.

[Saidme]

Cmon guys, at least I said have a good weekend.

[Crystal]

 
Hi,  I am so frustrated write now.  I took a polygraph last week and failed.  The polygrapher tried to accuse me of selling illegal drugs. I have never sold,  and the two times I have used drugs, once in high school- marijuana, and the other  I was druged my first year in college,  not sure what the drug was.  The polygrapher kept harassing me and telling me that I was lying and I wasn't.  I tried to tell him after the fact that it might of set off because I am still lost on who druged me my 1st yr in college.  And I still wonder.  He then claimed that I lied to him again since I know who did it, but I dont.  PLEASE HELP>

[George W. Maschke]

Crystal,

False accusations such as you encountered are not uncommon. You should definitely appeal the results in writing. See Chapter 5 of The Lie Behind the Lie Detector for tips on how to proceed. In Chapter 3 of the same book, you'll find a detailed explanation of how polygraph operators infer truth versus deception (it's sheer quackery), and in Chapter 4 you'll find tips on how to protect yourself against a second false positive outcome.