Us Congress 2023-2024 Regular Session

Us Congress House Bill HB596 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 596
5	5	To amend the Anti-Border Corruption Act of 2010 to authorize certain
6	6	polygraph waiver authority, and for other purposes.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	JANUARY27, 2023
9	9	Mr. C
10	10	RENSHAW(for himself, Mr. CISCOMANI, Mr. ELLZEY, Ms. MACE, and
11	11	Mr. M
12	12	OOLENAAR) introduced the following bill; which was referred to the
13	13	Committee on Homeland Security
14	14	A BILL
15	15	To amend the Anti-Border Corruption Act of 2010 to author-
16	16	ize certain polygraph waiver authority, and for other
17	17	purposes.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Anti-Border Corrup-4
22	22	tion Improvement Act’’. 5
23	23	SEC. 2. HIRING FLEXIBILITY. 6
24	24	Section 3 of the Anti-Border Corruption Act of 2010 7
25	25	(Public Law 111–376; 6 U.S.C. 221) is amended by strik-8
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28	28	•HR 596 IH
29	29	ing subsection (b) and inserting the following new sub-1
30	30	sections: 2
31	31	‘‘(b) W
32	32	AIVERAUTHORITY.—The Commissioner of 3
33	33	U.S. Customs and Border Protection may waive the appli-4
34	34	cation of subsection (a)(1) in the following circumstances: 5
35	35	‘‘(1) In the case of a current, full-time law en-6
36	36	forcement officer employed by a State or local law 7
37	37	enforcement agency, if such officer— 8
38	38	‘‘(A) has served as a law enforcement offi-9
39	39	cer for not fewer than three years with no 10
40	40	break in service; 11
41	41	‘‘(B) is authorized by law to engage in or 12
42	42	supervise the prevention, detection, investiga-13
43	43	tion, or prosecution of, or the incarceration of 14
44	44	any person for, any violation of law, and has 15
45	45	statutory powers for arrest or apprehension; 16
46	46	‘‘(C) is not currently under investigation, 17
47	47	has not been found to have engaged in criminal 18
48	48	activity or serious misconduct, has not resigned 19
49	49	from a law enforcement officer position under 20
50	50	investigation or in lieu of termination, and has 21
51	51	not been dismissed from a law enforcement offi-22
52	52	cer position; and 23
53	53	‘‘(D) has, within the past ten years, suc-24
54	54	cessfully completed a polygraph examination, 25
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57	57	•HR 596 IH
58	58	described in subsection (c), as a condition of 1
59	59	employment with such officer’s current law en-2
60	60	forcement agency. 3
61	61	‘‘(2) In the case of a current, full-time law en-4
62	62	forcement officer employed by a Federal law enforce-5
63	63	ment agency, if such officer— 6
64	64	‘‘(A) has served as a law enforcement offi-7
65	65	cer for not fewer than three years with no 8
66	66	break in service; 9
67	67	‘‘(B) has authority to make arrests, con-10
68	68	duct investigations, conduct searches, make sei-11
69	69	zures, carry firearms, and serve orders, war-12
70	70	rants, and other processes; 13
71	71	‘‘(C) is not currently under investigation, 14
72	72	has not been found to have engaged in criminal 15
73	73	activity or serious misconduct, has not resigned 16
74	74	from a law enforcement officer position under 17
75	75	investigation or in lieu of termination, and has 18
76	76	not been dismissed from a law enforcement offi-19
77	77	cer position; and 20
78	78	‘‘(D) holds a current background investiga-21
79	79	tion to the level required for service as a law 22
80	80	enforcement officer with U.S. Customs and 23
81	81	Border Protection. 24
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84	84	•HR 596 IH
85	85	‘‘(3) In the case of an individual who is a mem-1
86	86	ber of the Armed Forces (or a reserve component 2
87	87	thereof) or a veteran, if such individual— 3
88	88	‘‘(A) has served in the Armed Forces for 4
89	89	not fewer than three years; 5
90	90	‘‘(B) holds, or has held within the past five 6
91	91	years, a Secret, Top Secret, or Top Secret/Sen-7
92	92	sitive Compartmented Information clearance; 8
93	93	‘‘(C) holds or has undergone and passed a 9
94	94	background investigation to the level required 10
95	95	for service as a law enforcement officer with 11
96	96	U.S. Customs and Border Protection; 12
97	97	‘‘(D) received, or is eligible to receive, an 13
98	98	honorable discharge from service in the Armed 14
99	99	Forces and has not engaged in criminal activity 15
100	100	or committed a serious military or civil offense 16
101	101	under the Uniform Code of Military Justice; 17
102	102	and 18
103	103	‘‘(E) was not granted any waivers to ob-19
104	104	tain the clearance referred to subparagraph 20
105	105	(B). 21
106	106	‘‘(c) C
107	107	ERTAINPOLYGRAPHEXAMINATION.—A poly-22
108	108	graph examination described in this subsection is a poly-23
109	109	graph examination that satisfies requirements established 24
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112	112	•HR 596 IH
113	113	by the Secretary of Homeland Security, in consultation 1
114	114	with the Director of National Intelligence.’’. 2
115	115	SEC. 3. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 3
116	116	DEFINITIONS. 4
117	117	(a) S
118	118	UPPLEMENTAL COMMISSIONERAUTHORITY.— 5
119	119	Section 4 of the Anti-Border Corruption Act of 2010 6
120	120	(Public Law 111–376) is amended to read as follows: 7
121	121	‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 8
122	122	‘‘(a) N
123	123	ON-EXEMPTION.—An individual who receives 9
124	124	a waiver under subsection (b) of section 3 shall not be 10
125	125	exempt from other hiring requirements relating to suit-11
126	126	ability for employment and eligibility to hold a national 12
127	127	security designated position, as determined by the Com-13
128	128	missioner of U.S. Customs and Border Protection. 14
129	129	‘‘(b) B
130	130	ACKGROUND INVESTIGATIONS.—Any indi-15
131	131	vidual who receives a waiver under subsection (b) of sec-16
132	132	tion 3 who holds a current background investigation may 17
133	133	be subject to further background investigation to the level 18
134	134	required for service as a law enforcement officer with U.S. 19
135	135	Customs and Border Protection. 20
136	136	‘‘(c) C
137	137	ONTINUOUS EVALUATION.—Any individual 21
138	138	who receives a waiver under subsection (b) of section 3 22
139	139	shall not be exempt from any requirement relating to con-23
140	140	tinuous evaluation established by the Commissioner of 24
141	141	U.S. Customs and Border Protection. 25
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144	144	•HR 596 IH
145	145	‘‘(d) ADMINISTRATION OF POLYGRAPHEXAMINA-1
146	146	TION.—The Commissioner of U.S. Customs and Border 2
147	147	Protection is authorized to administer a polygraph exam-3
148	148	ination to an applicant or employee who is eligible for or 4
149	149	receives a waiver under subsection (b) of section 3 if infor-5
150	150	mation is discovered prior to the completion of a back-6
151	151	ground investigation that results in a determination that 7
152	152	a polygraph examination is necessary to make a final de-8
153	153	termination regarding suitability for employment or con-9
154	154	tinued employment, as the case may be.’’. 10
155	155	(b) R
156	156	EPORT.—The Anti-Border Corruption Act of 11
157	157	2010 is amended by adding at the end the following new 12
158	158	section: 13
159	159	‘‘SEC. 5. REPORTING. 14
160	160	‘‘Not later than one year after the date of the enact-15
161	161	ment of this section and every year for the next four years 16
162	162	thereafter, the Commissioner of U.S. Customs and Border 17
163	163	Protection shall provide the Committee on Homeland Se-18
164	164	curity of the House of Representatives and the Committee 19
165	165	on Homeland Security and Governmental Affairs of the 20
166	166	Senate information on the number, disaggregated with re-21
167	167	spect to each of paragraphs (1), (2), and (3) of subsection 22
168	168	(b) of section 3, of waivers requested, granted, and denied, 23
169	169	and the reasons for any such denial, and the final outcome 24
170	170	of the application for employment at issue. Such informa-25
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173	173	•HR 596 IH
174	174	tion shall also include the number of instances a polygraph 1
175	175	examination was administered under the conditions de-2
176	176	scribed in subsection (d) of section 4, the result of such 3
177	177	examination, and the final outcome of the application for 4
178	178	employment at issue.’’. 5
179	179	(c) D
180	180	EFINITIONS.—The Anti-Border Corruption Act 6
181	181	of 2010, as amended by subsection (b) of this section, is 7
182	182	further amended by adding at the end the following new 8
183	183	section: 9
184	184	‘‘SEC. 6. DEFINITIONS. 10
185	185	‘‘In this Act: 11
186	186	‘‘(1) L
187	187	AW ENFORCEMENT OFFICER .—The term 12
188	188	‘law enforcement officer’ has the meaning given such 13
189	189	term in sections 8331(20) and 8401(17) of title 5, 14
190	190	United States Code. 15
191	191	‘‘(2) V
192	192	ETERAN.—The term ‘veteran’ has the 16
193	193	meaning given such term in section 101(2) of title 17
194	194	38, United States Code. 18
195	195	‘‘(3) S
196	196	ERIOUS MILITARY OR CIVIL OFFENSE .— 19
197	197	The term ‘serious military or civil offense’ means an 20
198	198	offense for which— 21
199	199	‘‘(A) a member of the Armed Forces may 22
200	200	be discharged or separated from service in the 23
201	201	Armed Forces; and 24
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205	205	‘‘(B) a punitive discharge is, or would be, 1
206	206	authorized for the same or a closely related of-2
207	207	fense under the Manual for Court-Martial, as 3
208	208	pursuant to Army Regulation 635–200 chapter 4
209	209	14–12.’’. 5
210	210	SEC. 4. TECHNICAL AND CONFORMING AMENDMENT. 6
211	211	Paragraph (15) of section 411(c) of the Homeland 7
212	212	Security Act of 2002 (6 U.S.C. 211(c)) is amended by 8
213	213	striking ‘‘section 3(1)’’ and inserting ‘‘section 3’’. 9
214	214	Æ
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