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

submitted 15 years ago by Pub. L. 111-376 to r/title-6-DOMESTIC-SECURITY · 184 words · no verdicts yet

in plain englishAI-generated · not legal advice

Within two years of January 4, 2011, U.S. Customs and Border Protection had to start giving polygraph exams to nearly all law enforcement job applicants before hiring them. Within 180 days, it had to begin every overdue periodic background reinvestigation. The Commissioner can waive the polygraph requirement for certain highly cleared veteran applicants.

(a) In general: The Secretary of Homeland Security must ensure that: (1) by no later than 2 years after January 4, 2011, all applicants for law enforcement positions with U.S. Customs and Border Protection — except as subsection (b) allows — receive a polygraph examination before being hired for such a position; and (2) by no later than 180 days after January 4, 2011, U.S. Customs and Border Protection has begun every periodic background reinvestigation that its policies, as they stood the day before January 4, 2011, require for its law enforcement personnel. (b) Waiver: The Commissioner of U.S. Customs and Border Protection can waive the polygraph examination requirement in subsection (a)(1) for an applicant who: (1) is deemed suitable for employment; (2) currently holds an active Top Secret/Sensitive Compartmented Information clearance; (3) has a current Single Scope Background Investigation; (4) received that clearance without any waivers; and (5) is a veteran, as defined in section 2108 of title 5.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary of Homeland Security shall ensure that—

(1)

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

(2)

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.

(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).

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

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 111-376 · 124 Stat. 4104
  • 2016Amended · Pub. L. 114-279 · 130 Stat. 1422

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-376 on 2011-01-04.

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