,,ii #aaith ,,congress #ast ,session ,s4 #bafc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be 7legislative day1 ,june #bd71 #bjbe,mr4 ,gallego 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 with respect to waiving the polygraph examination requirement for former ,federal law enforcement officers seeking employment with ,u4,s4 ,customs and ,border ,protection1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border ,patrol ,recruitment ,enhancement ,act4 #b4 ,hiring flexibility ,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 authority ,the ,commissioner for ,u4,s4 ,customs and ,border ,protection may waive the application of subsection 7a77#a7 for any of the following individuals3 7#a7 ,a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency who-- 7,a7 has served as a law enforcement officer for not fewer than #c years with no break in service during the most recent #c-year period2 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 does not have disciplinary1 misconduct1 or derogatory records1 has not been convicted of1 and does not have pending charges related to1 a criminal offense or misconduct2 7,d7 has not resigned from a law enforcement officer position under investigation or in lieu of termination2 7,e7 has not been dismissed from a law enforcement officer position2 and 7,f7 has1 within the most recent #aj-year period1 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 examination4 7#b7 ,a current1 full-time ,federal law enforcement officer who-- 7,a7 has served as a law enforcement officer for not fewer than #c years with no break in service during the most recent #c-year period2 7,b7 is authorized 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 does not have disciplinary1 misconduct1 or derogatory records1 has not been convicted of1 and does not have pending charges related to1 a criminal offense or misconduct2 7,d7 has not resigned from a law enforcement officer position under investigation or in lieu of termination2 7,e7 has not been dismissed from a law enforcement officer position2 and 7,f7 holds a current background investigation1 in accordance with current standards required to be eligible for access to ,top ,secret or ,top ,secret_/,sensitive ,compartmented ,information4 7#c7 ,a member of the ,armed ,forces 7or of a reserve component thereof7 or a veteran who-- 7,a7 has served in the ,armed ,forces for not fewer than #c years2 7,b7 holds1 or has undergone within the most recent #e-year period1 a current background investigation in accordance with current standards required to be eligible for access to ,top ,secret or ,top ,secret_/,sensitive ,compartmented ,information2 7,c7 received1 or is eligible to receive1 an honorable discharge from service in the ,armed ,forces2 7,d7 has not been convicted of1 and does not have pending criminal charges related to1 a criminal offense or misconduct2 7,e7 has not committed a military offense under the ,uniform ,code of ,military ,justice2 and 7,f7 does not have disciplinary1 misconduct1 or derogatory records4 7c7 ,termination of waiver authority ,the authority to issue a waiver under subsection 7b7 shall terminate on the date that is #e years after the date of the enactment of the ,border ,patrol ,recruitment ,enhancement ,act4 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 ,any individual who receives a waiver pursuant to section #c7;b7 is not exempt from other hiring requirement relating to suitability for employment and eligibility to hold a national security designated position1 as determined by the ,commissioner for ,u4,s4 ,customs and ,border ,protection4 7b7 ,background investigations ,any individual who receives a waiver pursuant to section #c7;b7 and 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 investigation4 7c7 ,administration of polygraph examination ,the ,commissioner for ,u4,s4 ,customs and ,border ,protection is authorized to administer a polygraph examination to an applicant or employee who receives1 or is eligible for1 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 employment1 as the case may be4 4 7b7 ,report ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf71 as amended by subsection 7a71 is further amended by adding at the end the following3 #e4 ,reporting requirements 7a7 ,annual report ,not later than #a year after the date of the enactment of the ,border ,patrol ,recruitment ,enhancement ,act1 and annually thereafter for the following #d years1 the ,commissioner for ,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 granted pursuant to section #c7;b72 7#b7 the number of requests for a waiver under section #c7;b7 that were denied1 including the reasons for each such denial2 7#c7 the percentage of applicants who were hired after receiving a waiver pursuant to section #c7;b72 7#d7 the number of instances in which a polygraph examination was administered to an application who initially received a waiver pursuant to section #c7;b71 and the results of each such examination2 7#e7 an assessment of the impact of the polygraph waiver program on filling law enforcement positions at ,u4,s4 ,customs and ,border ,protection2 7#f7 additional authorities that ,u4,s4 ,customs and ,border ,protection needs to better utilize the polygraph waiver program in order to achieve its intended goals2 and 7#g7 any disciplinary actions taken against law enforcement officers hired after receiving a waiver pursuant to section #c7;b74 7b7 ,additional information ,the first report submitted to ,congress pursuant to subsection 7a7 shall include-- 7#a7 an analysis of other employment suitability tests to detect deception that 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 utilized whenever the polygraph examination requirement is waived pursuant to section #c7;b74 4 7c7 ,,gao report ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf71 as amended by subsections 7a7 and 7b71 is further amended by adding at the end the following3 #f4 ,,gao report ,not later than #e years after the date of the enactment of the ,border ,patrol ,recruitment ,enhancement ,act1 and every #e years thereafter for the following #aj years1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 review the disciplinary1 misconduct1 and derogatory records of all individuals hired using the waiver authority under section #c7;b7-- 7,a7 to determine the rates of disciplinary actions taken against individuals hired using such waiver authority compared to individuals hired after passing the polygraph examination required under section #c7;a72 and 7,b7 to address any other issue relating to discipline by ,u4,s4 ,customs and ,border ,protection2 and 7#b7 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 describes the results of the review described in paragraph 7#a71 while appropriately protecting sensitive information4 4 7d7 ,definitions ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf71 as amended by subsections 7a71 7b71 and 7c71 is further amended by adding at the end the following3 #g4 ,definitions ,in this ,act3 7#a7 ,criminal offense ,the term criminal offense means-- 7,a7 any felony punishable by a term of imprisonment of more than #a year2 or 7,b7 any other crime for which an essential element involves fraud1 deceit1 or misrepresentation to obtain an advantage or to disadvantage another person4 7#b7 ,federal law enforcement officer ,the term ,federal law enforcement officer has the meanings given the term law enforcement officer in sections #hcca7bj7 and #hdja7ag7 of title #e1 ,united ,states ,code4 7#c7 ,military offense ,the term military offense means-- 7,a7 an offense for which-- 7i7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 or 7ii7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,courts-,martial pursuant to chapter #ad-ab of ,army ,regulation #fce-bjj2 or 7,b7 an action for which a member of the ,armed ,forces received a demotion in military rank as punishment for a crime or wrongdoing1 which was imposed by a court martial or other authority4 7#d7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 4