[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 731 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 202
116th CONGRESS
  1st Session
                                 S. 731

                          [Report No. 116-99]

 To amend the Anti-Border Corruption Act of 2010 to authorize certain 
          polygraph waiver authority, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2019

Ms. McSally (for herself and Mr. Braun) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           September 10, 2019

               Reported by Mr. Johnson, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Anti-Border Corruption Act of 2010 to authorize certain 
          polygraph waiver authority, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Border Corruption Improvement 
Act''.

SEC. 2. HIRING FLEXIBILITY.

    (a) In General.--Section 3(b) of the Anti-Border Corruption Act of 
2010 (6 U.S.C. 221) is amended to read as follows:
    ``(b) Waiver Authority.--The Commissioner of U.S. Customs and 
Border Protection may waive the application of subsection (a)(1)--
            ``(1) with respect to any current, full-time, law 
        enforcement officer employed by a State or local law 
        enforcement agency who--
                    ``(A) has served as a law enforcement officer for 
                at least 3 years with no break in service;
                    ``(B) is authorized by law to engage in, or 
                supervise, the prevention, detection, investigation, 
                prosecution, or incarceration of any person for any 
                violation of law, and has statutory powers for arrest 
                or apprehension;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) has, during the most recent 10-year period, 
                successfully completed a polygraph examination that 
                satisfies requirements established by the Secretary of 
                Homeland Security, in consultation with the Director of 
                National Intelligence, as a condition of employment 
                with such officer's current law enforcement agency;
            ``(2) with respect to any current, full-time, law 
        enforcement officer employed by a Federal law enforcement 
        agency who--
                    ``(A) has served as a law enforcement officer for 
                at least 3 years with no break in service;
                    ``(B) has authority to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current background investigation to 
                the level required for service as a law enforcement 
                officer with U.S. Customs and Border Protection; and
            ``(3) with respect to any individual who is a member of the 
        Armed Forces (or a reserve component thereof) or a veteran 
        who--
                    ``(A) has served in the Armed Forces for at least 3 
                years;
                    ``(B) holds, or has held during the most recent 5-
                year period, a Secret, Top Secret, or Top Secret/
                Sensitive Compartmented Information clearance;
                <DELETED>    ``(C) holds or has undergone and passed a 
                background investigation to the level required for 
                service as a law enforcement officer with U.S. Customs 
                and Border Protection;</DELETED>
                    ``(C) holds a current, in-scope background 
                investigation to the level required for services as a 
                law enforcement officer with U.S. Customs and Border 
                Protection;
                    ``(D) received, or is eligible to receive, 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 Justice; and
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to subparagraph (B).''.
    (b) Termination of Waiver Authority.--Section 3(b) of the Anti-
Border Corruption Act of 2010, as amended by subsection (a), shall be 
repealed on the date that is 5 years after the date of the enactment of 
this Act.

SEC. 3. SUPPLEMENTAL COMMISSIONER AUTHORITY; REPORTING; DEFINITIONS.

    (a) Supplemental Commissioner Authority.--The Anti-Border 
Corruption Act of 2010 (Public Law 111-376) is amended by striking 
section 4 and inserting the following:

``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

    ``(a) Nonexemption.--An individual who receives a waiver under 
section 3(b) shall not be exempt from other hiring requirements 
relating to suitability for employment and eligibility to hold a 
national security designated position, as determined by the 
Commissioner of U.S. Customs and Border Protection.
    ``(b) Background Investigations.--Any individual who receives a 
waiver under section 3(b) 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 U.S. Customs and 
Border Protection.
    ``(c) Continuous Evaluation.--Any individual who receives a waiver 
under section 3(b) shall not be exempt from any requirement relating to 
continuous evaluation established by the Commissioner of U.S. Customs 
and Border Protection.
    ``(d) Administration of Polygraph Examination.--The Commissioner of 
U.S. 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 3(b) 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 
employment.

``SEC. 5. REPORTING.

    ``Not later than 1 year after the date of the enactment of the 
Anti-Border Corruption Improvement Act and annually thereafter for the 
following 4 years, the Commissioner of U.S. 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--
            ``(1)(A) the number of waivers requested, granted, or 
        denied, disaggregated with respect to each of paragraphs (1), 
        (2), and (3) of section 3(b);
            ``(B) the reasons for any denial referred to in 
        subparagraph (A); and
            ``(C) the final outcome of the application for employment 
        at issue; and
            ``(2)(A) the number of instances a polygraph examination 
        was administered under the conditions described in section 
        4(d);
            ``(B) the result of each examination referred to in 
        subparagraph (A); and
            ``(C) the final outcome of the application for employment 
        at issue.

``SEC. 6. DEFINITIONS.

    ``In this Act:
            ``(1) Law enforcement officer.--The term `law enforcement 
        officer' means any law enforcement officer described in section 
        8331(20) or 8401(17) of title 5, United States Code.
            ``(2) Serious military or civil offense.--The term `serious 
        military or civil offense' means an offense for which--
                    ``(A) a member of the Armed Forces may be 
                discharged or separated from service in the Armed 
                Forces; and
                    ``(B) a punitive discharge is, or would be, 
                authorized for the same or a closely related offense 
                under the Manual for Courts-Martial, pursuant to 
                chapter 14-12 of Army Regulation 635-200.
            ``(3) Veteran.--The term `veteran' has the meaning given 
        such term in section 101(2) of title 38, United States Code.''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENT.

    Section 411(c)(15) of the Homeland Security Act of 2002 (6 U.S.C. 
211(c)(15)) is amended by striking ``section 3(1) of''.
                                                       Calendar No. 202

116th CONGRESS

  1st Session

                                 S. 731

                          [Report No. 116-99]

_______________________________________________________________________

                                 A BILL

 To amend the Anti-Border Corruption Act of 2010 to authorize certain 
          polygraph waiver authority, and for other purposes.

_______________________________________________________________________

                           September 10, 2019

                       Reported with an amendment