Thread: CBP to get Poly

Story Courtesy of GovExec:

Congress passes legislation requiring polygraphs for CBP agents
By Brian Kalish bkalish@govexec.com December 22, 2010 The House on Monday unanimously passed a bill that will require Customs and Border Protection to administer polygraph examinations to all applications for law enforcement positions within the bureau and to reinvestigate law enforcement personnel every five years. The Senate passed similar legislation by unanimous consent in September.

Currently, less than 15 percent of job applicants undergo polygraph examinations and as of March, CBP had a backlog of nearly 10,000 required periodic background reinvestigations. CBP is the largest law enforcement agency in the country, with 20,000 officers stationed at air, sea and land ports of entry; 20,000 Border Patrol agents operating between land ports of entry; and 1,100 air and marine interdiction agents.

The 2010 Anti-Border Corruption Act requires CBP to begin periodic background reinvestigations for law enforcement personnel within 180 days after the bill is signed into law. Within two years, the bureau must begin administering polygraphs to all applicants for law enforcement positions. The bill also requires the Homeland Security Department to provide compliance progress reports every six months for two years.

The bill comes as corruption allegations are on the rise at CBP. The Homeland Security inspector general reported earlier this year 129 CBP officials have been arrested on corruption charges since 2003 and during 2009, 576 investigations were opened on allegations of improper conduct by CBP officials.

Colleen Kelley, president of the National Treasury Employees Union, which represents CBP personnel, said in a statement, "NTEU has concerns regarding the reliability of polygraph examinations and would object to their use in reinvestigations."

CBP Spokeswoman Kelly Ivahnenko said in an e-mail the polygraph examination the legislation requires "is an important and effective tool in helping to combat [corruption], by serving as a complementary bookend to the background investigation process that all employees undergo."

Due to the unique nature of CBP agents' responsibilities, personnel working in high-risk areas such as along the Southwest border are vulnerable to bribery or corruption, she said.

Drug cartels and transnational criminals looking for a "perceived weak point" in border security have targeted CBP agents, Ivahnenko said. "We feel very strongly that it's a very important step to police our workforce, and we work with FBI, [Immigration and Customs Enforcement] and partners on the Joint Border Security Task Forces to investigate mission-comprising corruption," she wrote.

Rep. Heath Shuler, D-N.C., who introduced the legislation in the House, said in statement that Mexican drug cartels are driving an "explosion of violence" in Mexico and the Southwest United States.

"If we are going to ensure border security and safety, we absolutely must have a strong and reliable Border Patrol force," he added. "The vast majority of Border Patrol agents are brave and honorable men and women who work tirelessly to protect our country. However, the corruption of even a few of these individuals could put lives in danger and greatly undermine our efforts to fight the cartels and stop the smuggling of drugs, weapons and people across our border

Wow, this is going to require a huge amount of time/money..

CBP IA wants more power and a bigger budget. This Bill just gave IA the Christmas present they wanted. Journeyman GS-14 with FLSA and AUO while a first line Supervisory Agent GS-15 with FLSA and AUO. Not a bad gig!

Originally Posted by dforeigner

CBP IA wants more power and a bigger budget. This Bill just gave IA the Christmas present they wanted. Journeyman GS-14 with FLSA and AUO while a first line Supervisory Agent GS-15 with FLSA and AUO. Not a bad gig!

Are those 1811 positions are CBPO's/BPA's?

Originally Posted by Kimble

Are those 1811 positions are CBPO's/BPA's?

Actually they are 1801 positions and their official title is security specialist. Some of the agents were CBPOs and BPAs but they are also hired from other agencies. The next step is DHS OIG which is an actual 1811 position. ICE OPR still does some of the investigations that OIG does not want that are criminal in nature.

CBP IA is only supposed to investigate incidents that are administrative in nature. One way to get around this is that if an investigation turns criminal in nature, they get the FBI, DEA, ATF involved and turn it into a joint agency investigation.

I forgot to add that DHS OIG investigators are GS-13s with LEAP (no AUO/FLSA).

Originally Posted by dforeigner

Actually they are 1801 positions and their official title is security specialist. Some of the agents were CBPOs and BPAs but they are also hired from other agencies. The next step is DHS OIG which is an actual 1811 position. ICE OPR still does some of the investigations that OIG does not want that are criminal in nature.

While CBP IA does have Security Specialists, the official title of their polygraphers and other IA agent types is Investigative Program Specialist.

Originally Posted by nsedet

While CBP IA does have Security Specialists, the official title of their polygraphers and other IA agent types is Investigative Program Specialist.

You are right, and for some reason, the current openings for IA Supervisors is as a GS-14. There is no mention of promotion potential to GS-15.

The part I do not understand is the:

Federal Law Enforcement Retirement Coverage: This position is not covered under the provisions of Title 5 USC 8412(d) and 5 USC 8336(c) law enforcement retirement benefits.

Unless you are applying for DC as a 14.

Federal Law Enforcement Retirement Coverage GS-14 positions: In accordance with 5 CFR 842.203 applicants must have held a primary covered position for at least three years continuously with no break in service exceeding three days in order to retain their 6c retirement FERS special coverage in a secondary position.

Originally Posted by dforeigner

You are right, and for some reason, the current openings for IA Supervisors is as a GS-14. There is no mention of promotion potential to GS-15.

Even knowing managers in CBP IA, I still don't quite understand how they classify and announce some of their positions. That includes field agents, not all of whom are journey GS-14s. The 1801 series also confuses things because they have multiple program areas both at HQ and in the field, such as investigations and field testing, so duties can vary even in positions with similar/identical titles, and that probably impacts the retirement classification (primary, secondary, non-covered) to some degree. Another factor is CBP having multiple retirement systems in play (6c, CBPO, regular civil service).

based on my observations, the poly is not a "CBP-IA get more power thing". It has been in the works for YEARS with different factions saying yes we need it, no we don't, yes we do, and it finally came around to yes, it will be implemented.

Originally Posted by dforeigner

Actually they are 1801 positions and their official title is security specialist.

Correct.....its a 1801 position that is GS-13/14 .....No LEO Retirement but in one of the annoucements it said it could be coming and/or they may give it to someone if they are already covered.....

I'm in the running for the position.....but have yet to talk to anyone other than a brief email after the annoucement was closed and my resume was pulled asking if I was interested still..... I was told nothing would happen till after the first of the year....

Edited by Moderator: In keeping with the rules of the board, this thread is not going to turn into a discussion about polygraphs.

Originally Posted by JimSpoor

Colleen Kelley, president of the National Treasury Employees Union, which represents CBP personnel, said in a statement, "NTEU has concerns regarding the reliability of polygraph examinations and would object to their use in reinvestigations."

Colleen Kelly has no credibility. She really ought to keep her mouth shut or she's just going to perpetuate the reality that she's a joke.

Not my intent, mod.

Originally Posted by Bearcat06

Correct.....its a 1801 position that is GS-13/14 .....No LEO Retirement but in one of the annoucements it said it could be coming and/or they may give it to someone if they are already covered.....

I'm in the running for the position.....but have yet to talk to anyone other than a brief email after the annoucement was closed and my resume was pulled asking if I was interested still..... I was told nothing would happen till after the first of the year....

Good luck in getting the position. I know a few CBP IA agents and really love the work.