[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 463. Mr. FLAKE (for himself and Mr. Johnson) submitted an
amendment intended to be proposed by him to the bill H.R. 2810, to
authorize appropriations for fiscal year 2018 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Anti-Border Corruption Reauthorization Act
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Anti-Border Corruption
Reauthorization Act of 2017''.
SEC. 1092. HIRING FLEXIBILITY.
Section 3 of the Anti-Border Corruption Act of 2010 (Public
Law 111-376; 6 U.S.C. 221) is amended by striking subsection
(b) and inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs
and Border Protection may waive the application of subsection
(a)(1) in the following circumstances:
``(1) In the case of a current, full-time law enforcement
officer employed by a State or local law enforcement agency,
if such officer--
``(A) has served as a law enforcement officer for not fewer
than three years with no break in service;
``(B) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or
the 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, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency.
``(2) In the case of a current, full-time Federal law
enforcement officer, if such officer--
``(A) has served as a law enforcement officer for not fewer
than three 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 Tier 4 background investigation or
current Tier 5 background investigation.
``(3) In the case of an individual who is a member of the
Armed Forces (or a reserve component thereof) or a veteran,
if such individual--
``(A) has served in the Armed Forces for not fewer than
three years;
``(B) holds, or has held within the past five years, a
Secret, Top Secret, or Top Secret / Sensitive Compartmented
Information clearance;
``(C) holds, or has undergone within the past five years, a
current Tier 4 background investigation or current Tier 5
background investigation;
``(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).
``(c) Termination of Waiver Authority.--The authority to
issue a waiver under subsection (b) shall terminate on the
date that is four years after the date of the enactment of
the Anti-Border Corruption Reauthorization Act of 2017.''.
SEC. 1093. SUPPLEMENTAL COMMISSIONER AUTHORITY AND
DEFINITIONS.
(a) Supplemental Commissioner Authority.--Section 4 of the
Anti-Border Corruption Act of 2010 (Public Law 111-376) is
amended to read as follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-exemption.--An individual who receives a waiver
under subsection (b) of section 3 is not 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 subsection (b) of section 3 who holds
a current Tier 4 background investigation shall be subject to
a Tier 5 background investigation.
``(c) 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 subsection (b) of section 3 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 employment, as the case may be.''.
(b) Report.--The Anti-Border Corruption Act of 2010 is
amended by adding at the end the following new section:
``SEC. 5. REPORTING REQUIREMENTS.
``(a) Annual Report.--Not later than one year after the
date of the enactment of the Anti-Border Corruption
Reauthorization Act of 2017, and annually thereafter while
the waiver authority under section 3(b) is in effect, the
Commissioner of U.S. Customs and Border Protection shall
submit a report to Congress that includes, with respect to
the reporting period--
``(1) the number of waivers requested, granted, and denied
under section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted
under subsection (a) shall include--
``(1) 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 suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is
waived pursuant to section 3(b).''.
(c) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by subsection (b) of this section, is further
amended by adding at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer',
as defined in section 8331(20) or 8401(17) of title 5, United
States Code.
``(2) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.
``(3) 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, as pursuant to Army Regulation 635-200
chapter 14-12.
``(4) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.''.
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