Sec. 2. Hiring flexibility
501 words·~2 min read·
/bill/116/s/731/rs/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3(b) of the Anti-Border Corruption Act of 2010 ( 6 U.S.C. 221 ) is amended to read as follows: The Commissioner of U.S. Customs and Border Protection may waive the application of subsection (a)(1)— with respect to any current, full-time, law enforcement officer employed by a State or local law enforcement agency who— has served as a law enforcement officer for at least 3 years with no break in service; is authorized by law to engage in, or supervise, the prevention, detection, investigation, prosecution, or 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, during the most recent 10-year period, successfully completed a polygraph examination that satisfies requirements established by the Secretary of Homeland Security, in consultation with the Director of National Intelligence, as a condition of employment with such officer’s current law enforcement agency; with respect to any current, full-time, law enforcement officer employed by a Federal law enforcement agency who— has served as a law enforcement officer for at least 3 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; and with respect to any individual who is a member of the Armed Forces (or a reserve component thereof) or a veteran who— has served in the Armed Forces for at least 3 years; holds, or has held during the most recent 5-year period, 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; holds a current, in-scope background investigation to the level required for services 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). . Section 3(b) of the Anti-Border Corruption Act of 2010, as amended by subsection (a), shall be repealed on the date that is 5 years after the date of the enactment of this Act.