IIB 

115TH CONGRESS 

1ST SESSION H. R. 2213 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2017 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Anti-Border Corrup3 tion Reauthorization Act of 2017’’. 

4 SEC. 2. HIRING FLEXIBILITY. 

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

6 (Public Law 111–376; 6 U.S.C. 221) is amended by strik7 ing subsection (b) and inserting the following new sub8 sections: 

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

10 U.S. Customs and Border Protection may waive the appli11 cation of subsection (a)(1) in the following circumstances: 

12 ‘‘(1) In the case of a current, full-time law en13 forcement officer employed by a State or local law 

14 enforcement agency, if such officer— 

15 ‘‘(A) has served as a law enforcement offi16 cer for not fewer than 3 years with no break in 

17 service; 

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

19 supervise the prevention, detection, investiga20 tion, or prosecution of, or the incarceration of 

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

22 statutory powers for arrest or apprehension; 

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

24 has not been found to have engaged in criminal 

25 activity or serious misconduct, has not resigned 

26 from a law enforcement officer position under 


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1 investigation or in lieu of termination, and has 

2 not been dismissed from a law enforcement offi3 cer position; and 

4 ‘‘(D) has, within the past 10 years, suc5 cessfully completed a polygraph examination as 

6 a condition of employment with such officer’s 

7 current law enforcement agency. 

8 ‘‘(2) In the case of a current, full-time law en9 forcement officer employed by a Federal law enforce10 ment agency, if such officer— 

11 ‘‘(A) has served as a law enforcement offi12 cer for not fewer than 3 years with no break in 

13 service; 

14 ‘‘(B) has authority to make arrests, con15 duct investigations, conduct searches, make sei16 zures, carry firearms, and serve orders, war17 rants, and other processes; 

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

19 has not been found to have engaged in criminal 

20 activity or serious misconduct, has not resigned 

21 from a law enforcement officer position under 

22 investigation or in lieu of termination, and has 

23 not been dismissed from a law enforcement offi24 cer position; and 


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

2 investigation or current Tier 5 background in3 vestigation. 

4 ‘‘(3) In the case of an individual who is a mem5 ber of the Armed Forces (or a reserve component 

6 thereof) or a veteran, if such individual— 

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

8 not fewer than 3 years; 

9 ‘‘(B) holds, or has held within the past 5 

10 years, a Secret, Top Secret, or Top Secret / 

11 Sensitive Compartmented Information clear12 ance; 

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

14 past 5 years, a current Tier 4 background in15 vestigation or current Tier 5 background inves16 tigation; 

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

18 honorable discharge from service in the Armed 

19 Forces and has not engaged in criminal activity 

20 or committed a serious military or civil offense 

21 under the Uniform Code of Military Justice; 

22 and 

23 ‘‘(E) was not granted any waivers to ob24 tain the clearance referred to subparagraph 

25 (B). 


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

2 authority to issue a waiver under subsection (b) shall ter3 minate on the date that is 5 years after the date of the 

4 enactment of the Anti-Border Corruption Reauthorization 

5 Act of 2017.’’. 

6 SEC. 3. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 

7 DEFINITIONS. 

8 (a) SUPPLEMENTAL COMMISSIONER AUTHORITY.— 

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

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

11 ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

12 ‘‘(a) NON-EXEMPTION.—An individual who receives 

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

14 from other hiring requirements relating to suitability for 

15 employment and eligibility to hold a national security des16 ignated position, as determined by the Commissioner of 

17 U.S. Customs and Border Protection. 

18 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi19 vidual who receives a waiver under subsection (b) of sec20 tion 3 who holds a current Tier 4 background investiga21 tion shall be subject to a Tier 5 background investigation. 

22 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA23 TION.—The Commissioner of U.S. Customs and Border 

24 Protection is authorized to administer a polygraph exam25 ination to an applicant or employee who is eligible for or 


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1 receives a waiver under subsection (b) of section 3 if infor2 mation is discovered prior to the completion of a back3 ground investigation that results in a determination that 

4 a polygraph examination is necessary to make a final de5 termination regarding suitability for employment or con6 tinued employment, as the case may be.’’. 

7 (b) REPORT.—The Anti-Border Corruption Act of 

8 2010 is amended by adding at the end the following new 

9 section: 

10 ‘‘SEC. 5. REPORTING. 

11 ‘‘Not later than 1 year after the date of the enact12 ment of this section and every year for the next 4 years 

13 thereafter, the Commissioner of U.S. Customs and Border 

14 Protection shall provide the Committee on Homeland Se15 curity of the House of Representatives and the Committee 

16 on Homeland Security and Governmental Affairs of the 

17 Senate information on the number, disaggregated with re18 spect to each of paragraphs (1), (2), and (3) of subsection 

19 (b) of section 3, of waivers requested, granted, and denied, 

20 and the reasons for any such denial, and the final outcome 

21 of the application for employment at issue. Such informa22 tion shall also include the number of instances a polygraph 

23 examination was administered under the conditions de24 scribed in subsection (c) of section 4, the result of such 


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1 examination, and the final outcome of the application for 

2 employment at issue.’’. 

3 (c) DEFINITIONS.—The Anti-Border Corruption Act 

4 of 2010, as amended by subsection (b) of this section, is 

5 further amended by adding at the end the following new 

6 section: 

7 ‘‘SEC. 6. DEFINITIONS. 

8 ‘‘In this Act: 

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

10 ‘law enforcement officer’ has the meaning given such 

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

12 United States Code. 

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

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

15 38, United States Code. 

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

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

18 offense for which— 

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

20 be discharged or separated from service in the 

21 Armed Forces; and 

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

23 authorized for the same or a closely related of24 fense under the Manual for Court-Martial, as 


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1 pursuant to Army Regulation 635–200 chapter 

2 14–12. 

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

4 ‘Tier 5’ with respect to background investigations 

5 have the meaning given such terms under the 2012 

6 Federal Investigative Standards.’’. 

Passed the House of Representatives June 7, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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