```

[House Report 115-121]
[From the U.S. Government Publishing Office]

115th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       115-121

======================================================================

 
           ANTI-BORDER CORRUPTION REAUTHORIZATION ACT OF 2017

                                _______
                                

  May 16, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2213]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2213) to amend the Anti-Border Corruption Act of 
2010 to authorize certain polygraph waiver authority, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     4
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     9

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Anti-Border Corruption Reauthorization 
Act of 2017''.

SEC. 2. 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 law enforcement 
        officer employed by a Federal 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) 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 five 
years after the date of the enactment of the Anti-Border Corruption 
Reauthorization Act of 2017.''.

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.--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.

  ``Not later than one year after the date of the enactment of this 
section and every year for the next four years thereafter, the 
Commissioner of U.S. Customs and Border Protection shall provide the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
information on the number, disaggregated with respect to each of 
paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers 
requested, granted, and denied, and the reasons for any such denial, 
and the final outcome of the application for employment at issue. Such 
information shall also include the number of instances a polygraph 
examination was administered under the conditions described in 
subsection (c) of section 4, the result of such examination, and the 
final outcome of the application for employment at issue.''.
  (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) Law enforcement officer.--The term `law enforcement 
        officer' has the meaning given such term in sections 8331(20) 
        and 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 Court-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.''.

                          Purpose and Summary

    H.R. 2213, the Anti-Border Corruption Reauthorization Act 
of 2017, provides waiver authority to the Commissioner of U.S. 
Customs and Border Protection (CBP) as an additional method to 
reduce the current staffing shortage that currently exists for 
all of the law enforcement positions covered by the polygraph 
examination requirement.
    Three, narrowly tailored exemptions provides discretion to 
the Commissioner of CBP to waive the polygraph for current 
State and local law enforcement officers who have already 
passed a polygraph examination, Federal law enforcement 
officers who have already passed a stringent background 
investigation and veterans with at least three consecutive 
years in the military who have held a clearance and passed a 
background check.
    These exemptions are purely discretionary, not mandatory. 
If there is something in an applicant's history, or background 
that causes CBP concern, then the Commissioner would be 
encouraged to use the polygraph exam to resolve those 
questions.
    These small changes can provide CBP with immediate relief 
so that they are able to quickly, yet judiciously, hire 
officers and agents from a pool of applicants that already 
maintain the public's trust and put their lives on the line for 
our security and safety on a daily basis.

                  Background and Need for Legislation

    U.S. Border Patrol agents and Office of Field Operations 
officers are, at the end of the day, the most important border 
security resource we have.
    All of the technology and infrastructure deployed along the 
southern border is useless if we do not have a well-trained 
agent or officer present to make an arrest, interdict a drug 
load, screen cargo from a country of concern or speed 
legitimate transit through a port of entry.
    However, CBP is critically understaffed and well below its 
congressionally mandated staffing levels by more than 1,000 
Officers and 1,800 Border Patrol Agents. Even with a recent 
push to hire more officers and agents, the process is slow and 
arduous.
    We are simply losing ground every single month, and there 
is no end in sight as we continue to lose agents and officers 
through attrition, without the ability to quickly hire new 
ones. At the current hiring rate, approximately 150-200 
applicants go through the process in order to hire one agent or 
officer. This means CBP needs to have hundreds of thousands of 
people apply just to meet their current needs. Hiring more 
agents and officers will boost our national security and bring 
good jobs to our local economy.
    The Anti-Border Corruption Act of 2010 requires that CBP 
law enforcement applicants undergo a pre-employment polygraph 
examination as part of a very long and laborious process. This 
is creating a substantial staffing bottleneck.
    The Committee fully supports the Anti-Border Corruption Act 
of 2010 (Pub. L. 111-376) to make sure that everyone who 
applies to be a CBP Officer, a Border Patrol Agent, or an Air 
and Marine interdict officer is thoroughly vetted to ensure 
they are not at risk for corruption, or a cartel operative.
    However, the Committee believes that these small changes 
will provide CBP with immediate, albeit temporary, relief so 
that they are able to quickly, yet judiciously, hire officers 
and agents from a pool of applicants that already maintain the 
public's trust and put their lives on the line for our security 
and safety on a daily basis.

                                Hearings

    No hearings were held on H.R.  2213 in the 115th Congress.

                        Committee Consideration

    The Committee met on May 3, 2017, to consider H.R. 2213, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The Committee agreed to H.R. 2213, as amended, by voice 
vote.
    The following amendment was offered:
 An amendment offered by Mr. Thompson of Mississippi (#1); was 
AGREED TO by voice vote.
     Page 6, line 4, redesignate subsection (b) as subsection (c).
     Page 6, beginning line 4, insert a new subsection entitled ``(b) 
Report.''
     Page 6, line 5, strike ``is amended'' and insert ``as amended by 
subsection (b) of this section, is further amended''.
     Page 6, line 7, strike ``5'' and insert ``6''.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 2213.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2213, the Anti-Border Corruption Reauthorization Act of 2017, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 12, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2213, the Anti-
Border Corruption Reauthorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2213--Anti-Border Corruption Reauthorization Act of 2017

    Current law requires U.S. Customs and Border Protection 
(CBP) to administer polygraph examinations to nearly all 
applicants for law enforcement positions. H.R. 2213 would 
broaden the criteria for waiving the polygraph requirement for 
certain applicants. Based on information from CBP, CBO 
estimates that implementing the bill would have no significant 
effect on the agency's spending to vet applicants for law 
enforcement positions, because the expanded exemption would 
probably not affect very many people.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 2213 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 2213 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 2213 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal or objective of this bill is 
to expedite the hiring of Customs and Border Protection 
Officers and Agents to meet the economic and national security 
requirements of the Nation.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 2213 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 2213 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2213 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Anti-Border Corruption Reauthorization Act of 2017''.

Sec. 2.   Hiring Flexibility.

    Section 2 amends the Anti-Border Corruption Act of 2010 to 
provide discretionary authority for the Commissioner of U.S. 
Customs and Border Protection (CBP) to waive the pre-employment 
polygraph requirement for Federal, State and local law 
enforcement officers who have served with their respective 
agencies for not fewer than 3 years, are in good standing, and 
have completed a polygraph within 10 years.
    In the case of Federal law enforcement officers, a Tier 4 
or Tier 5 Federal background check must have been completed 
within the last 5 years. This section also allows the 
Commissioner to waive the pre-employment polygraph for members 
of the armed forces who have served not fewer than 3 years, has 
received, or is eligible to receive an honorable discharge, and 
has held a security clearance with in the last 5 years.
    This waiver authority will end 5 years after the enactment 
of this Act.
    The Committee is concerned with CBPs inability to reach its 
current authorized employment levels and the impact to the 
Nation's security and economic growth causes by CBP officer and 
agent shortage. As a result, the Committee is providing this 
temporary waiver authority for these three, narrowly tailored 
exemptions to alleviate the immediate shortage of CBP officers 
and Border Patrol agents while changes are piloted to the 
polygraph examination. The Committee would encourage the 
Commissioner to require a polygraph examination for any 
applicant in the three waiver categories should any concerns be 
discovered in that applicant's history or background. The 
explicit sunset in the bill is designed to provide Congress 
with the ability to weigh-in on the long-term necessity of this 
waiver authority.

Sec. 3.   Supplemental Commissioner Authority and Definitions.

    Section 3 amends the Anti-Border Corruption Act of 2010 to 
insert new sections 4, 5, and 6 as follows:
            Sec. 4. Supplemental Commission Authority.
    Section 4 amends the Anti-Border Corruption Act of 2010 to 
specify that while the Commissioner may waive the polygraph 
requirement, no other aspects of the CBP hiring process shall 
be waived. The Commissioner is authorized to perform a 
polygraph examination on a waiver recipient if derogatory 
information on the applicant is discovered during the hiring 
process and a polygraph is needed to inform a hiring decision.
    This section defines law enforcement officer, veteran, 
serious military or civil offense, and Tier 4 and Tier 5 
background checks.
    The Committee believes that while providing the 
Commissioner discretionary waiver authority for highly 
qualified, pre-vetted candidates, our intent is not to lower 
the standards for the hiring of a CBP agents and officers given 
the immense national security responsibilities of these law 
enforcement officers. Section 3 ensures that while a candidate 
may receive a polygraph waiver, the Commissioner continues to 
have the authority to require a candidate to complete a 
polygraph examination, and a higher-level background 
investigation to ensure that CBP applicants are appropriately 
and thoroughly vetted.
    Though the Committee recognizes that this measure may 
improve, on a limited basis, CBP's ability to onboard new 
employees, there are larger challenges associated with the 
hiring process, most especially as relates to the polygraph 
program. The Committee intends to carry out oversight of the 
use of this waiver authority in addition to any reforms CBP may 
consider for the administration of its pre-employment polygraph 
examinations. The Committee is aware that CBP launched a pilot 
to test a revised version of its polygraph examination in late 
April 2017 with the intention of improving pass rates, 
shortening the overall time needed to administer the polygraph, 
and potentially address concerns about how these polygraphs are 
administered. The results of this pilot, any future pilots to 
test variations of the polygraph, as well as any subsequent 
changes to CBP's hiring process will be closely monitored by 
the Committee to ensure the integrity and intent of thoroughly 
vetting applicants for CBP law enforcement positions.
            Sec. 5. Reporting.
    Section 5 mandates that CBP submit to the appropriate 
congressional committees, an annual report for the 5-years of 
the waiver program is authorized under this Act. The report 
must include the number of waivers requested, granted and 
denied, the reason for the denial, and the final outcome of 
employment status. The report must also include the number of 
polygraph waiver applicants that had a polygraph waiver granted 
and were subsequently polygraphed due to derogatory information 
being discovered during the hiring process, as well as the 
final employment determination of those applicants.
    The Committee believes that these reports will enable the 
Committee to assess the use and frequency of the wavier 
authority provided in the bill.
            Sec. 6. Definitions.
    Section 6, of the revised Anti-Border Corruption Act of 
2010, defines terms used in this act including: ``law 
enforcement officer'', ``veteran'', ``serious military or civil 
offense'', ``Tier 4'', and ``Tier 5''.

         Changes in Existing Law Made by the Bill, as Reported

   In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

ANTI-BORDER CORRUPTION ACT OF 2010

           *       *       *       *       *       *       *

SEC. 3. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH 
                    EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF U.S. 
                    CUSTOMS AND BORDER PROTECTION.

   (a) In General.--The Secretary of Homeland Security shall 
ensure that--
           (1) by not later than 2 years after the date of the 
        enactment of this Act, all applicants for law 
        enforcement positions with U.S. Customs and Border 
        Protection (except as provided in subsection (b)) 
        receive polygraph examinations before being hired for 
        such a position; and
           (2) by not later than 180 days after the date of the 
        enactment of this Act, U.S. Customs and Border 
        Protection initiates all periodic background 
        reinvestigations for all law enforcement personnel of 
        U.S. Customs and Border Protection that should receive 
        periodic background reinvestigations pursuant to 
        relevant policies of U.S. Customs and Border Protection 
        in effect on the day before the date of the enactment 
        of this Act.
   [(b) Waiver.--The Commissioner of U.S. Customs and Border 
Protection may waive the polygraph examination requirement 
under subsection (a)(1) for any applicant who--
           [(1) is deemed suitable for employment;
           [(2) holds a current, active Top Secret/Sensitive 
        Compartmented Information Clearance;
           [(3) has a current Single Scope Background 
        Investigation;
           [(4) was not granted any waivers to obtain his or 
        her clearance; and
           [(5) is a veteran (as defined in section 2108 of 
        title 5, United States Code).]
   (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 law 
        enforcement officer employed by a Federal 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) 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 five years after the date of the enactment of the Anti-
Border Corruption Reauthorization Act of 2017.

[SEC. 4. PROGRESS REPORT.

   [Not later than 180 days after the date of the enactment of 
this Act, and every 180 days thereafter through the date that 
is 2 years after such date of enactment, the Secretary of 
Homeland Security shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives 
a report on the progress made by U.S. Customs and Border 
Protection toward complying with section 3.]

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.

SEC. 5. REPORTING.

   Not later than one year after the date of the enactment of 
this section and every year for the next four years thereafter, 
the Commissioner of U.S. Customs and Border Protection shall 
provide the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate information on the number, 
disaggregated with respect to each of paragraphs (1), (2), and 
(3) of subsection (b) of section 3, of waivers requested, 
granted, and denied, and the reasons for any such denial, and 
the final outcome of the application for employment at issue. 
Such information shall also include the number of instances a 
polygraph examination was administered under the conditions 
described in subsection (c) of section 4, the result of such 
examination, and 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'' has the meaning given such term 
        in sections 8331(20) and 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 Court-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.

                                  [all]
```