Sec. 2. Hiring flexibility
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/bill/116/hr/1609/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ; 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) in the following circumstances: In the case of a current, full-time law enforcement officer employed by a State or local law enforcement agency, if such officer— has served as a law enforcement officer for not fewer than three years with no break in service; 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, described in subsection (c), as a condition of employment with such officer’s current law enforcement agency. In the case of a current, full-time law enforcement officer employed by a Federal law enforcement agency, if such officer— has served as a law enforcement officer for not fewer than three years with no break in service; has authority 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 background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. In the case of an individual who is 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 and passed a background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection; 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). A polygraph examination described in this subsection is a polygraph examination that satisfies requirements established by the Secretary of Homeland Security, in consultation with the Director of National Intelligence. The authority to issue a waiver under subsection
(b)shall terminate on the date that is five years after the date of the enactment of the Anti-Border Corruption Reauthorization Act of 2019. .
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- Pub. L. 111-376
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