Sec. 112. 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 is not 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 background investigation in accordance with current standards required for access to Top Secret or Top Secret/Sensitive Compartmented Information shall be subject to an appropriate 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 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 ( Public Law 111–376 ; 124 Stat. 4104) 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 annually thereafter for three years, the Commissioner of U.S. Customs and Border Protection shall submit a report to Congress that includes, with respect to the reporting period— the number of waivers granted and denied under section 3(b); the reasons for any denials of such waiver; the percentage of applicants who were hired after receiving a waiver; the number of instances that a polygraph was administered to an applicant who initially received a waiver and the results of such polygraph; an assessment of the current impact of the polygraph waiver program on filling law enforcement positions at U.S. Customs and Border Protection; additional authorities needed by U.S. Customs and Border Protection to better utilize the polygraph waiver program for its intended goals; and any disciplinary actions taken against law enforcement officers hired under the waiver authority authorized under section 3(b). The first report submitted under subsection

(a)shall include— 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 employees for suitability; and 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). . The Anti-Border Corruption Act of 2010 ( Public Law 111–376 ; 124 Stat. 4104), as amended by subsection

(b)of this section, is further amended by adding at the end the following new section: Not later than five years after the date of the enactment of this section, and every five years thereafter, the Comptroller General of the United States shall— conduct a review of the disciplinary, misconduct, or derogatory records of all individuals hired using the waiver authority under subsection

(b)of section 3— to determine the rates of disciplinary actions taken against individuals hired using such waiver authority, as compared to individuals hired after passing the polygraph as required under subsection

(a)of that section; and to address any other issue relating to discipline by U.S. Customs and Border Protection; and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that appropriately protects sensitive information and describes the results of the review conducted under paragraph (1). The requirement under this section shall terminate on the date on which the third report required by subsection

(a)is submitted. . The Anti-Border Corruption Act of 2010 ( Public Law 111–376 ; 124 Stat. 4104), as amended by subsection

(c)of this section, is further amended by adding at the end the following new section: In this Act: The term criminal offense means— any felony punishable by a term of imprisonment of more than one year; and any other crime for which an essential element involves fraud, deceit, or misrepresentation to obtain an advantage or to disadvantage another. The term Federal law enforcement officer means a law enforcement officer , as defined in section 8331(20) or 8401(17) of title 5, United States Code. The term military offense means— an offense for which— a member of the Armed Forces may be discharged or separated from service in the Armed Forces; or a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial, as pursuant to Army Regulation 635–200 chapter 14–12; and an action for which a member of the Armed Forces received a demotion in military rank as punishment for a crime or wrongdoing, imposed by a court martial or other authority. 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
124 Stat. 4104

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Sec. 112

Supplemental Commissioner authority and definitions

Pub. L.Pub. L. 111-376

Stat.124 Stat. 4104

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