,,ii #aafth ,,congress #ast ,session ,s4 #gca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjai,ms4 ,mc,sally introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 7a7 ,in general ,section #c7;b7 of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba7 is amended to read as follows3 7b7 ,waiver authority ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the application of subsection 7a77#a7-- 7#a7 with respect to any current1 full-time1 law enforcement officer employed by a ,state or local law enforcement agency who-- 7,a7 has served as a law enforcement officer for at least #c years with no break in service2 7,b7 is authorized by law to engage in1 or supervise1 the prevention1 detection1 investigation1 prosecution1 or incarceration of any person for 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 during the most recent #aj-year period1 successfully completed a polygraph examination that satisfies requirements established by the ,secretary of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence1 as a condition of employment with such officer's current law enforcement agency2 7#b7 with respect to any current1 full-time1 law enforcement officer employed by a ,federal law enforcement agency who-- 7,a7 has served as a law enforcement officer for at least #c 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 ,protection2 and 7#c7 with respect to any individual who is a member of the ,armed ,forces 7or a reserve component thereof7 or a veteran who-- 7,a7 has served in the ,armed ,forces for at least #c years2 7,b7 holds1 or has held during the most recent #e-year period1 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 4 7b7 ,termination of waiver authority ,section #c7;b7 of the ,anti-,border ,corruption ,act of #bjaj1 as amended by subsection 7a71 shall be repealed on the date that is #e years after the date of the enactment of this ,act4 #c4 ,supplemental commissioner authority2 reporting2 definitions 7a7 ,supplemental commissioner authority ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf7 is amended by striking section #d and inserting the following3 #d4 ,supplemental commissioner authority 7a7 ,nonexemption ,an individual who receives a waiver under section #c7;b7 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 section #c7;b7 and 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 section #c7;b7 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 section #c7;b7 if information is discovered before 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 employment4 #e4 ,reporting ,not later than #a year after the date of the enactment of the ,anti-,border ,corruption ,improvement ,act and annually thereafter for the following #d years1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that identifies-- 7#a7 7,a7 the number of waivers requested1 granted1 or denied1 disaggregated with respect to each of paragraphs 7#a71 7#b71 and 7#c7 of section #c7;b72 7,b7 the reasons for any denial referred to in subparagraph 7,a72 and 7,c7 the final outcome of the application for employment at issue2 and 7#b7 7,a7 the number of instances a polygraph examination was administered under the conditions described in section #d7;d72 7,b7 the result of each examination referred to in subparagraph 7,a72 and 7,c7 the final outcome of the application for employment at issue4 #f4 ,definitions ,in this ,act3 7#a7 ,law enforcement officer ,the term law enforcement officer means any law enforcement officer described in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,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 pursuant to chapter #ad-ab of ,army ,regulation #fce-bjj4 7#c7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 4 #d4 ,technical and conforming amendment ,section #daa7;c77#ae7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;c77#ae77 is amended by striking section #c7a7 of4