Sec. 3. Supplemental commissioner authority; reporting; definitions

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The Anti-Border Corruption Act of 2010 ( Public Law 111–376 ) is amended by striking section 4 and inserting the following: An individual who receives a waiver under section 3(b) shall not be 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) and holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with U.S.

Customs and Border Protection. Any individual who receives a waiver under section 3(b) shall not be exempt from any requirement relating to continuous evaluation established by the Commissioner of U.S. Customs and Border Protection. 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.

Not later than 1 year after the date of the enactment of the Anti-Border Corruption Improvement Act and annually thereafter for the following 4 years, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that identifies— the number of waivers requested, granted, or denied, disaggregated with respect to each of paragraphs (1), (2), and

(3)of section 3(b); the reasons for any denial referred to in subparagraph (A); and the final outcome of the application for employment at issue; and the number of instances a polygraph examination was administered under the conditions described in section 4(d); the result of each examination referred to in subparagraph (A); and the final outcome of the application for employment at issue. In this Act: The term law enforcement officer means any law enforcement officer described 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 Courts-Martial, pursuant to chapter 14–12 of Army Regulation 635–200. The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. .

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Pub. L. 111-376

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Sec. 3

Supplemental commissioner authority; reporting; definitions

Pub. L.Pub. L. 111-376

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