Sec. 133. Anti-Border Corruption Reauthorization Act
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This section may be cited as the . Anti-Border Corruption Reauthorization Act of 2017 Section 3 of the Anti-Border Corruption Act of 2010 ( 6 U.S.C. 221 ) is amended by striking subsection
(b)and inserting the following new subsections: The Commissioner of U.S. Customs and Border Protection may waive the application of subsection (a)(1)— to a current, full-time law enforcement officer employed by a State or local law enforcement agency who— has continuously served as a law enforcement officer for not fewer than three years; is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers for arrest or apprehension; is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and has, within the past ten years, successfully completed a polygraph examination as a condition of employment with such officer’s current law enforcement agency; to a current, full-time Federal law enforcement officer who— has continuously served as a law enforcement officer for not fewer than three years; is authorized to make arrests, conduct investigations, conduct searches, make seizures, carry firearms, and serve orders, warrants, and other processes; is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and holds a current Tier 4 background investigation or current Tier 5 background investigation; and to a member of the Armed Forces (or a reserve component thereof) or a veteran, if such individual— has served in the Armed Forces for not fewer than three years; holds, or has held within the past five years, a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance; holds, or has undergone within the past five years, a current Tier 4 background investigation or current Tier 5 background investigation; received, or is eligible to receive, an honorable discharge from service in the Armed Forces and has not engaged in criminal activity or committed a serious military or civil offense under the Uniform Code of Military Justice; and was not granted any waivers to obtain the clearance referred to subparagraph (B). The authority to issue a waiver under subsection
(b)shall terminate on the date that is four years after the date of the enactment of the Border Security for America Act of 2017. . Section 4 of the Anti-Border Corruption Act of 2010 is amended to read as follows: An individual who receives a waiver under section 3(b) 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 section 3(b) 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 section 3(b) if information is discovered before 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, as amended by paragraph (1), is further amended by adding at the end the following new section: Not later than one year after the date of the enactment of this section and annually thereafter while the waiver authority under section 3(b) is in effect, the Commissioner of U.S. Customs and Border Protection shall submit to Congress a report that includes, with respect to each such reporting period— the number of waivers requested, granted, and denied under section 3(b); the reasons for any denials of such waiver; the percentage of applicants who were hired after receiving a waiver; the number of instances that a polygraph was administered to an applicant who initially received a waiver and the results of such polygraph; an assessment of the current impact of the polygraph waiver program on filling law enforcement positions at U.S. Customs and Border Protection; and additional authorities needed by U.S. Customs and Border Protection to better utilize the polygraph waiver program for its intended goals. The first report submitted under subsection
(a)shall include— an analysis of other methods of employment suitability tests that detect deception and could be used in conjunction with traditional background investigations to evaluate potential employees for suitability; and a recommendation regarding whether a test referred to in paragraph
(1)should be adopted by U.S. Customs and Border Protection when the polygraph examination requirement is waived pursuant to section 3(b). . The Anti-Border Corruption Act of 2010, as amended by paragraphs
(1)and (2), is further amended by adding at the end the following new section: In this Act: The term Federal law enforcement officer means a law enforcement officer defined in section 8331(20) or 8401(17) of title 5, 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. The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. . Not later than September 30, 2021, the Secretary shall increase to not fewer than 150 the number of trained full-time equivalent polygraph examiners for administering polygraphs under the Anti-Border Corruption Act of 2010.
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Sec. 133
Anti-Border Corruption Reauthorization Act
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