Sec. 108. Anti-Border Corruption Act reauthorization
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Section 3 of the Anti-Border Corruption Act of 2010 ( 6 U.S.C. 221 ; Public Law 111–376 ) is amended by striking subsection
(b)and inserting the following new subsections: Subject to subsection (c), the Commissioner of U.S. Customs and Border Protection shall 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; and 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; 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; or 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 in subparagraph (B). The requirement to issue a waiver under subsection
(b)shall terminate if the Commissioner of U.S. Customs and Border Protection
(CBP)certifies to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that CBP has met all requirements pursuant to section 107 of the Secure the Border Act of 2023 relating to personnel levels. If at any time after such certification personnel levels fall below such requirements, the Commissioner shall waive the application of subsection (a)(1) until such time as the Commissioner re-certifies to such Committees that CBP has so met all such requirements. . The Anti-Border Corruption Act of 2010 is amended by adding at the end the following new sections: An individual who receives a waiver under section 3(b) is not exempt from any 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. An 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. 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 following: Information relating to the number of waivers granted under such section 3(b). Information relating to the percentage of applicants who were hired after receiving such a waiver. Information relating to the number of instances that a polygraph was administered to an applicant who initially received such a waiver and the results of such polygraph. An assessment of the current impact of such waiver authority on filling law enforcement positions at U.S. Customs and Border Protection. An identification of additional authorities needed by U.S. Customs and Border Protection to better utilize such waiver authority for its intended goals. The first report submitted under subsection
(a)shall include the following: 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 applicants or employees for suitability for employment or continued employment, as the case may be. 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). In this Act: The term Federal law enforcement officer means a law enforcement officer , as such term is 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, 2025, 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, as amended by this section.
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- Pub. L. 111-376
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