,,ii ,calendar ,no4 #agi #aaeth ,,congress #ast ,session ,s4 #eie ,report ,no4 #aae-acc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #i1 #bjag,mr4 ,flake 7for himself1 ,mr4 ,mc,cain1 ,mr4 ,johnson1 and ,mrs4 ,mc,caskill7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,july #bd1 #bjag,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to provide ,u4,s4 ,customs and ,border ,protection with additional flexibility to expedite the hiring process for applicants for law enforcement positions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,anti-,border ,corruption ,reauthorization ,act of #bjag4 #b4 ,expanded authority to waive polygraph examinations for certain applicants for law enforcement positions with ,u4,s4 ,customs and ,border ,protection ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,waiver ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the polygraph examination requirement under subsection 7a77#a7 for any of the following applicants3 7#a7 ,an applicant who1 at the time the applicant applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection1 is a ,state or local law enforcement officer1 if the officer-- 7,a7 has served as a ,state or local law enforcement officer for not less than #c years with no break in service2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 or investigation of any violation of law1 or the apprehension1 arrest1 prosecution1 or incarceration of any individual for any violation of law2 7,c7 is not under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a position as a law enforcement officer under investigation or in lieu of termination1 and has not been dismissed from a position as a law enforcement officer2 and 7,d7 has successfully completed a polygraph examination as a condition of employment with the applicant's law enforcement agency4 7#b7 ,an applicant who1 at the time the applicant applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection1 is a ,federal law enforcement officer1 if the officer-- 7,a7 has served as a ,federal law enforcement officer for not less than #c years with no break in service2 7,b7 has authority to make arrests1 conduct investigations1 conduct searches1 make seizures1 bear firearms1 and serve orders1 warrants1 and other processes2 7,c7 is not under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a position as a law enforcement officer under investigation or in lieu of termination1 and has not been dismissed from a position as a law enforcement officer2 and 7,d7 has undergone an in-scope ,tier #d background investigation or a ,tier #e single scope background investigation as a condition of employment with the applicant's law enforcement agency4 7#c7 ,an applicant who1 at the time the applicant applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection1 is a transitioning member of the ,armed ,forces1 a veteran1 or a member of the ,national ,guard1 if such individual-- 7,a7 has served in the ,armed ,forces for not less than #d years2 7,b7 holds1 or has held during the #e years preceding applying for the position1 a ,secret1 ,top ,secret1 or ,top ,secret_/,sensitive ,compartmented ,information clearance and was not granted any waiver to obtain such clearance2 7,c7 has undergone1 during the #e years preceding applying for the position1 an in-scope ,tier #d background investigation or a ,tier #e single scope background investigation2 and 7,d7 was discharged or released1 or is eligible to be discharged or released1 from the ,armed ,forces under honorable conditions and has not engaged in criminal activity or serious misconduct under the ,uniform ,code of ,military ,justice under chapter #dg of title #aj1 ,united ,states ,code4 7c7 ,rule of construction ,nothing in this section shall be construed to authorize the ,commissioner to hire an individual for a law enforcement position under subsection 7a7 who is not suitable for employment and eligible for a position designated as relating to national security4 7d7 ,background investigations ,an individual who receives a waiver under subsection 7b7 who holds a ,tier #d background investigation shall be subject to a ,tier #e single scope background investigation4 7e7 ,authority ,to administer polygraph examinations after waiver ,the ,commissioner may administer a polygraph examination to an individual who applied for a law enforcement position with ,u4,s4 ,customs and ,border ,protection and received a waiver under subsection 7b7 if the ,commissioner determines1 based on information discovered before the completion of a background investigation of the individual1 that a polygraph examination is necessary for the ,commissioner to make a final determination with respect to the suitability of the individual for the position4 7f7 ,definitions ,in this section3 7#a7 ,federal law enforcement officer ,the term ,federal law enforcement officer means a law enforcement officer1 as defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,transitioning member of the ,armed ,forces ,the term transitioning member of the ,armed ,forces means a member of the ,armed ,forces serving on active duty on the date on which the member applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection who expects to be discharged or released from the ,armed ,forces and plans to take a position in the competitive service 7as defined section #bajb of title #e1 ,united ,states ,code74 7#c7 ,veteran ,the term veteran has the meaning given that term in section #aja7b7 of title #ch1 ,united ,states ,code4 4 #a4 ,short title ,this ,act may be cited as the ,anti-,border ,corruption ,reauthorization ,act of #bjag4 #b4 ,hiring flexibility ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf2 #f ,u4,s4,c4 #bba7 is amended by striking subsection 7b7 and inserting the following new subsections3 7b7 ,waiver authority ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the application of subsection 7a77#a7 in the following circumstances3 7#a7 ,in the case of a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers for arrest or apprehension2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 has1 within the past ten years1 successfully completed a polygraph examination as a condition of employment with such officer's current law enforcement agency4 7#b7 ,in the case of a current1 full-time ,federal law enforcement officer1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 7,b7 has authority to make arrests1 conduct investigations1 conduct searches1 make seizures1 carry firearms1 and serve orders1 warrants1 and other processes2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 holds a current ,tier #d background investigation or current ,tier #e background investigation4 7#c7 ,in the case of an individual who is a member of the ,armed ,forces 7or a reserve component thereof7 or a veteran1 if such individual-- 7,a7 has served in the ,armed ,forces for not fewer than three years2 7,b7 holds1 or has held within the past five years1 a ,secret1 ,top ,secret1 or ,top ,secret _/ ,sensitive ,compartmented ,information clearance2 7,c7 holds1 or has undergone within the past five years1 a current ,tier #d background investigation or current ,tier #e background investigation2 7,d7 received1 or is eligible to receive1 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 ,justice2 and 7,e7 was not granted any waivers to obtain the clearance referred to subparagraph 7,b74 7c7 ,termination of waiver authority ,the authority to issue a waiver under subsection 7b7 shall terminate on the date that is four years after the date of the enactment of the ,anti-,border ,corruption ,reauthorization ,act of #bjag4 4 #c4 ,supplemental ,commissioner authority and definitions 7a7 ,supplemental ,commissioner authority ,section #d of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf7 is amended to read as follows3 #d4 ,supplemental ,commissioner authority 7a7 ,non-exemption ,an individual who receives a waiver under subsection 7b7 of section #c is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position1 as determined by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7b7 ,background investigations ,any individual who receives a waiver under subsection 7b7 of section #c who holds a current ,tier #d background investigation shall be subject to a ,tier #e background investigation4 7c7 ,administration of polygraph examination ,the ,commissioner of ,u4,s4 ,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 7b7 of section #c 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 employment1 as the case may be4 4 7b7 ,report ,the ,anti-,border ,corruption ,act of #bjaj is amended by adding at the end the following new section3 #e4 ,reporting requirements 7a7 ,annual report ,not later than one year after the date of the enactment of the ,anti-,border ,corruption ,reauthorization ,act of #bjag1 and annually thereafter while the waiver authority under section #c7;b7 is in effect1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit a report to ,congress that includes1 with respect to the reporting period-- 7#a7 the number of waivers requested1 granted1 and denied under section #c7;b72 7#b7 the reasons for any denials of such waiver2 7#c7 the percentage of applicants who were hired after receiving a waiver2 7#d7 the number of instances that a polygraph was administered to an applicant who initially received a waiver and the results of such polygraph2 7#e7 an assessment of the current impact of the polygraph waiver program on filling law enforcement positions at ,u4,s4 ,customs and ,border ,protection2 and 7#f7 additional authorities needed by ,u4,s4 ,customs and ,border ,protection to better utilize the polygraph waiver program for its intended goals4 7b7 ,additional information ,the first report submitted under subsection 7a7 shall include-- 7#a7 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 suitability2 and 7#b7 a recommendation regarding whether a test referred to in paragraph 7#a7 should be adopted by ,u4,s4 ,customs and ,border ,protection when the polygraph examination requirement is waived pursuant to section #c7;b74 4 7c7 ,definitions ,the ,anti-,border ,corruption ,act of #bjaj1 as amended by subsection 7b7 of this section1 is further amended by adding at the end the following new section3 #f4 ,definitions ,in this ,act3 7#a7 ,federal law enforcement officer ,the term #8,federal law enforcement officer' means a #8law enforcement officer'1 as defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 7#c7 ,serious military or civil offense ,the term serious military or civil offense means an offense for which-- 7,a7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 and 7,b7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,courts-,martial1 as pursuant to ,army ,regulation #fce-bjj chapter #ad-ab4 7#d7 ,tier #d2 ,tier #e ,the terms ,tier #d and ,tier #e with respect to background investigations have the meaning given such terms under the #bjab ,federal ,investigative ,standards4 4 ,july #bd1 #bjag,reported with an amendment