,i #aafth ,,congress #ast ,session ,h4 ,r4 #afji ,,in ,,the ,,house ,,of ,,representatives ,march #g1 #bjai,mr4 ,crenshaw 7for himself1 ,mr4 ,rogers of ,alabama1 and ,mr4 ,higgins of ,louisiana7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security ,a ,,bill ,to amend the ,anti-,border ,corruption ,act of #bjaj to authorize certain polygraph waiver authority1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,anti-,border ,corruption ,improvement ,act4 #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 examination1 described in subsection 7c71 as a condition of employment with such officer's current law enforcement agency4 7#b7 ,in the case of a current1 full-time law enforcement officer employed by a ,federal 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 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 background investigation to the level required for service as a law enforcement officer with ,u4,s4 ,customs and ,border ,protection4 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 holds or has undergone and passed a background investigation to the level required for service as a law enforcement officer with ,u4,s4 ,customs and ,border ,protection2 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 ,certain polygraph examination ,a polygraph examination described in this subsection is a polygraph examination that satisfies requirements established by the ,secretary of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence4 7d7 ,termination of waiver authority ,the authority to issue a waiver under subsection 7b7 shall terminate on the date that is five years after the date of the enactment of the ,anti-,border ,corruption ,reauthorization ,act of #bjai4 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 shall not be 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 background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with ,u4,s4 ,customs and ,border ,protection4 7c7 ,continuous evaluation ,any individual who receives a waiver under subsection 7b7 of section #c shall not be exempt from any requirement relating to continuous evaluation established by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7d7 ,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 ,not later than on year after the date of the enactment of this section and every year for the next four years thereafter1 the ,commissioner of ,u4,s4 ,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 number1 disaggregated with respect to each of paragraphs 7#a71 7#b71 and 7#c7 of subsection 7b7 of section #c1 of waivers requested1 granted1 and denied1 and the reasons for any such denial1 and the final outcome of the application for employment at issue4 ,such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection 7d7 of section #d1 the result of such examination1 and the final outcome of the application for employment at issue4 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 ,law enforcement officer ,the term law enforcement officer has the meaning given such term in sections #hcca7bj7 and #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 ,court-,martial1 as pursuant to ,army ,regulation #fce-bjj chapter #ad-ab4 4 #d4 ,technical and conforming amendment ,paragraph 7#ae7 of section #daa7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;c77 is amended by striking section #c7a7 and inserting section #c4