I 

115TH CONGRESS 

1ST SESSION H. R. 2213 

To amend the Anti-Border Corruption Act of 2010 to authorize certain 

polygraph waiver authority, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2017 

Ms. MCSALLY (for herself, Mr. MCCAUL, Mr. HURD, Mr. CARTER of Texas, 

Mr. CUELLAR, Mr. ROE of Tennessee, and Mr. VELA) introduced the following bill; which was referred to the Committee on Homeland Security 

A BILL 

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

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anti-Border Corrup5 tion Reauthorization Act of 2017’’. 

6 SEC. 2. HIRING FLEXIBILITY. 

7 Section 3 of the Anti-Border Corruption Act of 2010 

8 (Public Law 111–376; 6 U.S.C. 221) is amended by strik9 ing subsection (b) and inserting the following: 


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1 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 

2 U.S. Customs and Border Protection may waive the appli3 cation of subsection (a)(1) in the following circumstances: 

4 ‘‘(1) In the case of a current, full-time law en5 forcement officer employed by a State or local law 

6 enforcement agency, if such officer— 

7 ‘‘(A) has served as a law enforcement offi8 cer for not fewer than three years with no 

9 break in service; 

10 ‘‘(B) is authorized by law to engage in or 

11 supervise the prevention, detection, investiga12 tion, or prosecution of, or the incarceration of 

13 any person for, any violation of law, and has 

14 statutory powers for arrest or apprehension; 

15 ‘‘(C) is not currently under investigation, 

16 has not been found to have engaged in criminal 

17 activity or serious misconduct, has not resigned 

18 from a law enforcement officer position under 

19 investigation or in lieu of termination, and has 

20 not been dismissed from a law enforcement offi21 cer position; and 

22 ‘‘(D) has, within the past ten years, suc23 cessfully completed a polygraph examination as 

24 a condition of employment with such officer’s 

25 current law enforcement agency. 


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1 ‘‘(2) In the case of a current, full-time law en2 forcement officer employed by a Federal law enforce3 ment agency, if such officer— 

4 ‘‘(A) has served as a law enforcement offi5 cer for not fewer than three years with no 

6 break in service; 

7 ‘‘(B) has authority to make arrests, con8 duct investigations, conduct searches, make sei9 zures, carry firearms, and serve orders, war10 rants, and other processes; 

11 ‘‘(C) is not currently under investigation, 

12 has not been found to have engaged in criminal 

13 activity or serious misconduct, has not resigned 

14 from a law enforcement officer position under 

15 investigation or in lieu of termination, and has 

16 not been dismissed from a law enforcement offi17 cer position; and 

18 ‘‘(D) holds a current Tier 4 background 

19 investigation or current Tier 5 background in20 vestigation. 

21 ‘‘(3) In the case of an individual who is a mem22 ber of the Armed Forces (or a reserve component 

23 thereof) or a veteran, if such individual— 

24 ‘‘(A) has served in the Armed Forces for 

25 not fewer than three years; 


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1 ‘‘(B) holds, or has held within the past five 

2 years, a Secret, Top Secret, or Top Secret/Sen3 sitive Compartmented Information clearance; 

4 ‘‘(C) holds, or has undergone within the 

5 past five years, a current Tier 4 background in6 vestigation or current Tier 5 background inves7 tigation; 

8 ‘‘(D) received, or is eligible to receive, an 

9 honorable discharge from service in the Armed 

10 Forces and has not engaged in criminal activity 

11 or committed a serious military or civil offense 

12 under the Uniform Code of Military Justice; 

13 and 

14 ‘‘(E) was not granted any waivers to ob15 tain the clearance referred to subparagraph 

16 (B). 

17 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 

18 authority to issue a waiver under subsection (b) shall ter19 minate on the date that is five years after the date of the 

20 enactment of the Anti-Border Corruption Reauthorization 

21 Act of 2017.’’. 


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1 SEC. 3. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 

2 DEFINITIONS. 

3 (a) SUPPLEMENTAL COMMISSIONER AUTHORITY.— 

4 Section 4 of the Anti-Border Corruption Act of 2010 

5 (Public Law 111–376) is amended to read as follows: 

6 ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

7 ‘‘(a) NONEXEMPTION.—An individual who receives a 

8 waiver under subsection (b) of section 3 is not exempt 

9 from other hiring requirements relating to suitability for 

10 employment and eligibility to hold a national security des11 ignated position, as determined by the Commissioner of 

12 U.S. Customs and Border Protection. 

13 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi14 vidual who receives a waiver under subsection (b) of sec15 tion 3 who holds a current Tier 4 background investiga16 tion shall be subject to a Tier 5 background investigation. 

17 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA18 TION.—The Commissioner of U.S. Customs and Border 

19 Protection is authorized to administer a polygraph exam20 ination to an applicant or employee who is eligible for or 

21 receives a waiver under subsection (b) of section 3 if infor22 mation is discovered prior to the completion of a back23 ground investigation that results in a determination that 

24 a polygraph examination is necessary to make a final de25 termination regarding suitability for employment or con26 tinued employment, as the case may be.’’. 


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1 (b) DEFINITIONS.—The Anti-Border Corruption Act 

2 of 2010 is amended by adding at the end the following 

3 new section: 

4 ‘‘SEC. 5. DEFINITIONS. 

5 ‘‘In this Act: 

6 ‘‘(1) LAW ENFORCEMENT OFFICER.—The term 

7 ‘law enforcement officer’ has the meaning given such 

8 term in sections 8331(20) and 8401(17) of title 5, 

9 United States Code. 

10 ‘‘(2) VETERAN.—The term ‘veteran’ has the 

11 meaning given such term in section 101(2) of title 

12 38, United States Code. 

13 ‘‘(3) SERIOUS MILITARY OR CIVIL OFFENSE.— 

14 The term ‘serious military or civil offense’ means an 

15 offense for which— 

16 ‘‘(A) a member of the Armed Forces may 

17 be discharged or separated from service in the 

18 Armed Forces; and 

19 ‘‘(B) a punitive discharge is, or would be, 

20 authorized for the same or a closely related of21 fense under the Manual for Court-Martial, as 

22 pursuant to Army Regulation 635–200 chapter 

23 14–12. 

24 ‘‘(4) TIER 4; TIER 5.—The terms ‘Tier 4’ and 

25 ‘Tier 5’ with respect to background investigations 


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1 have the meaning given such terms under the 2012 

2 Federal Investigative Standards.’’. 

Æ 


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