Sec. 2. Hiring flexibility
494 words·~2 min read·
/bill/119/s/2163/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Anti-Border Corruption Act of 2010 ( 6 U.S.C. 221 ) is amended by striking subsection
(b)and inserting the following: The Commissioner for U.S. Customs and Border Protection may waive the application of subsection (a)(1) for any of the following individuals: A current, full-time law enforcement officer employed by a State or local law enforcement agency who— has served as a law enforcement officer for not fewer than 3 years with no break in service during the most recent 3-year period; 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; is not currently under investigation, does not have disciplinary, misconduct, or derogatory records, has not been convicted of, and does not have pending charges related to, a criminal offense or misconduct; has not resigned from a law enforcement officer position under investigation or in lieu of termination; has not been dismissed from a law enforcement officer position; and has, within the most recent 10-year period, successfully passed a polygraph examination as a condition of employment with such officer's current law enforcement agency and can provide verification of passing such examination. A current, full-time Federal law enforcement officer who— has served as a law enforcement officer for not fewer than 3 years with no break in service during the most recent 3-year period; 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, does not have disciplinary, misconduct, or derogatory records, has not been convicted of, and does not have pending charges related to, a criminal offense or misconduct; has not resigned from a law enforcement officer position under investigation or in lieu of termination; has not been dismissed from a law enforcement officer position; and holds a current background investigation, in accordance with current standards required to be eligible for access to Top Secret or Top Secret/Sensitive Compartmented Information. A member of the Armed Forces (or of a reserve component thereof) or a veteran who— has served in the Armed Forces for not fewer than 3 years; holds, or has undergone within the most recent 5-year period, a current background investigation in accordance with current standards required to be eligible for access to Top Secret or Top Secret/Sensitive Compartmented Information; received, or is eligible to receive, an honorable discharge from service in the Armed Forces; has not been convicted of, and does not have pending criminal charges related to, a criminal offense or misconduct; has not committed a military offense under the Uniform Code of Military Justice; and does not have disciplinary, misconduct, or derogatory records. The authority to issue a waiver under subsection
(b)shall terminate on the date that is 5 years after the date of the enactment of the Border Patrol Recruitment Enhancement Act . .