Sec. 503. Supplemental Commissioner authority and definitions

551 words·~3 min read·/bill/115/s/3478/is/section-503

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 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 ( Public Law 111–376 ) is amended by adding at the end the following:

Not later than 1 year after the date of the enactment of the Anti-Border Corruption Reauthorization Act of 2018 , 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 a report to Congress that includes, with respect to the 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 this title, is further amended by adding at the end the following: In this Act: The term Federal law enforcement officer has the meaning given the term law enforcement officer under 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 Courts-Martial, pursuant to Army Regulation 635–200 chapter 14–12. The terms Tier 4 and Tier 5 , with respect to background investigations, have the meanings 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. .

Connections1 off-index

1 reference not yet in our index

Pub. L. 111-376

Citation graph

cites case law

Sec. 503

Supplemental Commissioner authority and definitions

Pub. L.Pub. L. 111-376

Cites 1Cited by 0 across 0 sources