Sec. 3. Supplemental Commissioner authority and definitions

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Section 4 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ) is amended to read as follows: An individual who receives a waiver under subsection

(b)of section 3 is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. Any individual who receives a waiver under subsection

(b)of section 3 who holds a current Tier 4 background investigation shall be subject to a Tier 5 background investigation. The Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection

(b)of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be. . The Anti-Border Corruption Act of 2010 is amended by adding at the end the following new section: In this Act: The term law enforcement officer has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. The term serious military or civil offense means an offense for which— a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200 chapter 14–12. The terms Tier 4 and Tier 5 with respect to background investigations have the meaning given such terms under the 2012 Federal Investigative Standards. .

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Pub. L. 111-376

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Sec. 3

Supplemental Commissioner authority and definitions

Pub. L.Pub. L. 111-376

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