§ 221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection

Statutory text

In general

The Secretary of Homeland Security shall ensure that—

by not later than 2 years after January 4, 2011, all applicants for law enforcement positions with U.S. Customs and Border Protection (except as provided in subsection (b)) receive polygraph examinations before being hired for such a position; and

by not later than 180 days after January 4, 2011, U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before January 4, 2011.

Waiver

The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any applicant who—

is deemed suitable for employment;

holds a current, active Top Secret/Sensitive Compartmented Information Clearance;

has a current Single Scope Background Investigation;

was not granted any waivers to obtain his or her clearance; and

is a veteran (as defined in section 2108 of title 5).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2011
Anti-Border Corruption Act of 2010
Pub. L. 111–376 § 3 · 124 Stat. 4104
Enacted · 6 U.S.C. § 221
Pub. L. 111–376, § 3, Jan. 4, 2011, 124 Stat. 4104
Source evidence
Code source credit
Pub. L. 111–376, § 3, Jan. 4, 2011, 124 Stat. 4104
Enacted provision · exact public law section
SEC. 3. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF U.S. CUSTOMS AND BORDER PROTECTION. The Secretary of Homeland Security shall Deadlines. ensure that— (1) by not later than 2 years after the date of the enactment of this Act, all applicants for law enforcement positions with U.S. Customs and Border Protection receive polygraph examinations before being hired for such a position; and (2) by not later than 180 days after the date of the enactment of this Act, U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before the date of the enactment of this Act.
2016
Cross-Border Trade Enhancement Act of 2016
Pub. L. 114–279 § 5 · 130 Stat. 1413
1. Amended · 6 U.S.C. § 221
  Pub. L. 114–279 designated existing provisions as subsec. (a)
2. Inserted · 6 U.S.C. § 221
  Pub. L. 114–279 inserted heading, in par. (1) inserted “(except as provided in subsection (b))” after “Border Protection”
3. Added · 6 U.S.C. § 221
  Pub. L. 114–279 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 114–279 designated existing provisions as subsec. (a), inserted heading, in par. (1) inserted “(except as provided in subsection (b))” after “Border Protection”, and added subsec. (b).
Enacted provision · exact public law section
SEC. 5. WAIVER OF POLYGRAPH EXAMINATION REQUIREMENT FOR CERTAIN LAW ENFORCEMENT APPLICANTS. Section 3 of the Anti-Border Corruption Act of 2010 (Public Law 111–376; 6 U.S.C. 221) is amended— (1) in the matter preceding paragraph (1), by striking “The Secretary” and inserting the following: “(a) In General.— The Secretary” ; (2) in subsection (a)(1), as redesignated, by inserting “(except as provided in subsection (b))” after “Border Protection”; and (3) by adding at the end the following: “(b) Waiver.— The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any applicant who— “(1) is deemed suitable for employment; “(2) holds a current, active Top Secret/Sensitive Compartmented Information Clearance; “(3) has a current Single Scope Background Investigation; “(4) was not granted any waivers to obtain his or her clearance; and “(5) is a veteran (as defined in section 2108 of title 5, United States Code).” .

4 of 4 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Anti-Border Corruption Act of 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Amendments

2016—Pub. L. 114–279 designated existing provisions as subsec. (a), inserted heading, in par. (1) inserted “(except as provided in subsection (b))” after “Border Protection”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Waiver of Certain Polygraph Examination Requirements

Pub. L. 114–328, div. A, title X, § 1049, Dec. 23, 2016, 130 Stat. 2396, provided that:

“The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, may waive the polygraph examination requirement under section 3 of the Anti-Border Corruption Act of 2010 (Public Law 111–376) [6 U.S.C. 221] for any applicant who—
“(1)
the Commissioner determines is suitable for employment;
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“(2)
holds a current, active Top Secret clearance and is able to access sensitive compartmented information;
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“(3)
has a current single scope background investigation;
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“(4)
was not granted any waivers to obtain the clearance; and
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“(5)
is a veteran (as such term is defined in section 2108 or 2109a [probably should be “2108a”] of title 5, United States Code).”
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Findings

Pub. L. 111–376, § 2, Jan. 4, 2011, 124 Stat. 4104, provided that:

“Congress makes the following findings:
“(1)
According to the Office of the Inspector General of the Department of Homeland Security, since 2003, 129 U.S. Customs and Border Protection officials have been arrested on corruption charges and, during 2009, 576 investigations were opened on allegations of improper conduct by U.S. Customs and Border Protection officials.
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“(2)
To foster integrity in the workplace, established policy of U.S. Customs and Border Protection calls for—
“(A)
all job applicants for law enforcement positions at U.S. Customs and Border Protection to receive a polygraph examination and a background investigation before being offered employment; and
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“(B)
relevant employees to receive a periodic background reinvestigation every 5 years.
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“(3)
According to the Office of Internal Affairs of U.S. Customs and Border Protection—
“(A)
in 2009, less than 15 percent of applicants for jobs with U.S. Customs and Border Protection received polygraph examinations;
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“(B)
as of March 2010, U.S. Customs and Border Protection had a backlog of approximately 10,000 periodic background reinvestigations of existing employees; and
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“(C)
without additional resources, by the end of fiscal year 2010, the backlog of periodic background reinvestigations will increase to approximately 19,000.”
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Credits

2011–2016 · 2 acts

2011Pub. L. 111–376, § 3, Jan. 4, 2011, 124 Stat. 4104
2016Pub. L. 114–279, § 5, Dec. 16, 2016, 130 Stat. 1422.

Show as published

(Pub. L. 111–376, § 3, Jan. 4, 2011, 124 Stat. 4104; Pub. L. 114–279, § 5, Dec. 16, 2016, 130 Stat. 1422.)