Sec. 3. Supplemental commissioner authority and definitions

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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 subsection

(b)of section 3 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 subsection

(b)of section 3 who 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 subsection

(b)of section 3 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 subsection

(b)of section 3 if information is discovered prior to 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 is amended by adding at the end the following new section: Not later than one year after the date of the enactment of this section and every year for the next four years thereafter, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the number, disaggregated with respect to each of paragraphs (1), (2), and

(3)of subsection

(b)of section 3, of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection

(d)of section 4, the result of such examination, and the final outcome of the application for employment at issue. . The Anti-Border Corruption Act of 2010, as amended by subsection

(b)of this section, is further amended by adding at the end the following new section: In this Act: The term law enforcement officer has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. The term veteran has the meaning given such term in section 101(2) of title 38, 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. .

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Pub. L. 111-376

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Sec. 3

Supplemental commissioner authority and definitions

Pub. L.Pub. L. 111-376

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