[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2163 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2163
To amend the Anti-Border Corruption Act of 2010 with respect to waiving
the polygraph examination requirement for former Federal law
enforcement officers seeking employment with U.S. Customs and Border
Protection, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25 (legislative day, June 24), 2025
Mr. Gallego introduced the following bill; 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 2010 with respect to waiving
the polygraph examination requirement for former Federal law
enforcement officers seeking employment with U.S. Customs and Border
Protection, 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 ``Border Patrol Recruitment
Enhancement Act''.
SEC. 2. HIRING FLEXIBILITY.
Section 3 of the Anti-Border Corruption Act of 2010 (6 U.S.C. 221)
is amended by striking subsection (b) and inserting the following:
``(b) Waiver Authority.--The Commissioner for U.S. Customs and
Border Protection may waive the application of subsection (a)(1) for
any of the following individuals:
``(1) A 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
not fewer than 3 years with no break in service during
the most recent 3-year period;
``(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, does
not have disciplinary, misconduct, or derogatory
records, has not been convicted of, and does not have
pending charges related to, a criminal offense or
misconduct;
``(D) has not resigned from a law enforcement
officer position under investigation or in lieu of
termination;
``(E) has not been dismissed from a law enforcement
officer position; and
``(F) has, within the most recent 10-year period,
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 examination.
``(2) A current, full-time Federal law enforcement officer
who--
``(A) has served as a law enforcement officer for
not fewer than 3 years with no break in service during
the most recent 3-year period;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, does
not have disciplinary, misconduct, or derogatory
records, has not been convicted of, and does not have
pending charges related to, a criminal offense or
misconduct;
``(D) has not resigned from a law enforcement
officer position under investigation or in lieu of
termination;
``(E) has not been dismissed from a law enforcement
officer position; and
``(F) holds a current background investigation, in
accordance with current standards required to be
eligible for access to Top Secret or Top Secret/
Sensitive Compartmented Information.
``(3) A member of the Armed Forces (or of a reserve
component thereof) or a veteran who--
``(A) has served in the Armed Forces for not fewer
than 3 years;
``(B) holds, or has undergone within the most
recent 5-year period, a current background
investigation in accordance with current standards
required to be eligible for access to Top Secret or Top
Secret/Sensitive Compartmented Information;
``(C) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces;
``(D) has not been convicted of, and does not have
pending criminal charges related to, a criminal offense
or misconduct;
``(E) has not committed a military offense under
the Uniform Code of Military Justice; and
``(F) does not have disciplinary, misconduct, or
derogatory records.
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is 5 years
after the date of the enactment of the Border Patrol Recruitment
Enhancement Act.''.
SEC. 3. 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.--Any individual who receives a waiver pursuant
to section 3(b) is not exempt from other hiring requirement relating to
suitability for employment and eligibility to hold a national security
designated position, as determined by the Commissioner for U.S. Customs
and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver pursuant to section 3(b) 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 investigation.
``(c) Administration of Polygraph Examination.--The Commissioner
for U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who receives, or is
eligible for, 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, as the case may be.''.
(b) Report.--The Anti-Border Corruption Act of 2010 (Public Law
111-376), as amended by subsection (a), is further amended by adding at
the end the following:
``SEC. 5. REPORTING REQUIREMENTS.
``(a) Annual Report.--Not later than 1 year after the date of the
enactment of the Border Patrol Recruitment Enhancement Act, and
annually thereafter for the following 4 years, the Commissioner for
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 granted pursuant to section
3(b);
``(2) the number of requests for a waiver under section
3(b) that were denied, including the reasons for each such
denial;
``(3) the percentage of applicants who were hired after
receiving a waiver pursuant to section 3(b);
``(4) the number of instances in which a polygraph
examination was administered to an application who initially
received a waiver pursuant to section 3(b), and the results of
each such examination;
``(5) an assessment of the impact of the polygraph waiver
program on filling law enforcement positions at U.S. Customs
and Border Protection;
``(6) additional authorities that U.S. Customs and Border
Protection needs to better utilize the polygraph waiver program
in order to achieve its intended goals; and
``(7) any disciplinary actions taken against law
enforcement officers hired after receiving a waiver pursuant to
section 3(b).
``(b) Additional Information.--The first report submitted to
Congress pursuant to subsection (a) shall include--
``(1) 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 suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be utilized whenever the polygraph
examination requirement is waived pursuant to section 3(b).''.
(c) GAO Report.--The Anti-Border Corruption Act of 2010 (Public Law
111-376), as amended by subsections (a) and (b), is further amended by
adding at the end the following:
``SEC. 6. GAO REPORT.
``Not later than 5 years after the date of the enactment of the
Border Patrol Recruitment Enhancement Act, and every 5 years thereafter
for the following 10 years, the Comptroller General of the United
States shall--
``(1) review the disciplinary, misconduct, and derogatory
records of all individuals hired using the waiver authority
under section 3(b)--
``(A) 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 3(a); and
``(B) to address any other issue relating to
discipline by U.S. Customs and Border Protection; and
``(2) 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 (1),
while appropriately protecting sensitive information.''.
(d) Definitions.--The Anti-Border Corruption Act of 2010 (Public
Law 111-376), as amended by subsections (a), (b), and (c), is further
amended by adding at the end the following:
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Criminal offense.--The term `criminal offense'
means--
``(A) any felony punishable by a term of
imprisonment of more than 1 year; or
``(B) any other crime for which an essential
element involves fraud, deceit, or misrepresentation to
obtain an advantage or to disadvantage another person.
``(2) Federal law enforcement officer.--The term `Federal
law enforcement officer' has the meanings given the term `law
enforcement officer' in sections 8331(20) and 8401(17) of title
5, United States Code.
``(3) Military offense.--The term `military offense'
means--
``(A) an offense for which--
``(i) a member of the Armed Forces may be
discharged or separated from service in the
Armed Forces; or
``(ii) 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; or
``(B) an action for which a member of the Armed
Forces received a demotion in military rank as
punishment for a crime or wrongdoing, which was imposed
by a court martial or other authority.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
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