IB 

Union Calendar No. 74 

115TH CONGRESS 

1ST SESSION H. R. 2213 

[Report No. 115–121] 

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 

MAY 16, 2017 

Additional sponsors: Mr. MESSER, Mr. GONZALEZ of Texas, and Mr. 

ARRINGTON

MAY 16, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 27, 2017] 


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A BILL 

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

purposes. 


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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 Corruption 

5 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 striking 

9 subsection (b) and inserting the following new subsections: 

10 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of U.S. 

11 Customs and Border Protection may waive the application 

12 of subsection (a)(1) in the following circumstances: 

13 ‘‘(1) In the case of a current, full-time law en14 forcement officer employed by a State or local law en15 forcement agency, if such officer— 

16 ‘‘(A) has served as a law enforcement officer 

17 for not fewer than three years with no break in 

18 service; 

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

20 supervise the prevention, detection, investigation, 

21 or prosecution of, or the incarceration of any 

22 person for, any violation of law, and has statu23 tory powers for arrest or apprehension; 

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

25 has not been found to have engaged in criminal 


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1 activity or serious misconduct, has not resigned 

2 from a law enforcement officer position under 

3 investigation or in lieu of termination, and has 

4 not been dismissed from a law enforcement offi5 cer position; and 

6 ‘‘(D) has, within the past ten years, success7 fully completed a polygraph examination as a 

8 condition of employment with such officer’s cur9 rent law enforcement agency. 

10 ‘‘(2) In the case of a current, full-time law en11 forcement officer employed by a Federal law enforce12 ment agency, if such officer— 

13 ‘‘(A) has served as a law enforcement officer 

14 for not fewer than three years with no break in 

15 service; 

16 ‘‘(B) has authority to make arrests, conduct 

17 investigations, conduct searches, make seizures, 

18 carry firearms, and serve orders, warrants, and 

19 other processes; 

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

21 has not been found to have engaged in criminal 

22 activity or serious misconduct, has not resigned 

23 from a law enforcement officer position under 

24 investigation or in lieu of termination, and has 


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1 not been dismissed from a law enforcement offi2 cer position; and 

3 ‘‘(D) holds a current Tier 4 background in4 vestigation or current Tier 5 background inves5 tigation. 

6 ‘‘(3) In the case of an individual who is a mem7 ber of the Armed Forces (or a reserve component 

8 thereof) or a veteran, if such individual— 

9 ‘‘(A) has served in the Armed Forces for not 

10 fewer than three years; 

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

12 years, a Secret, Top Secret, or Top Secret / Sen13 sitive Compartmented Information clearance; 

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

15 past five years, a current Tier 4 background in16 vestigation or current Tier 5 background inves17 tigation; 

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

19 honorable discharge from service in the Armed 

20 Forces and has not engaged in criminal activity 

21 or committed a serious military or civil offense 

22 under the Uniform Code of Military Justice; and 

23 ‘‘(E) was not granted any waivers to obtain 

24 the clearance referred to subparagraph (B). 


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1 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The au2 thority to issue a waiver under subsection (b) shall termi3 nate on the date that is five years after the date of the enact4 ment of the Anti-Border Corruption Reauthorization Act of 

5 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 (Public 

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

11 ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

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

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

14 other hiring requirements relating to suitability for employ15 ment and eligibility to hold a national security designated 

16 position, as determined by the Commissioner of U.S. Cus17 toms and Border Protection. 

18 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any individual 

19 who receives a waiver under subsection (b) of section 3 who 

20 holds a current Tier 4 background investigation shall be 

21 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 deter5 mination regarding suitability for employment or contin6 ued 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 one year after the date of the enact12 ment of this section and every year for the next four years 

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

14 Protection shall provide the Committee on Homeland Secu15 rity of the House of Representatives and the Committee on 

16 Homeland Security and Governmental Affairs of the Senate 

17 information on the number, disaggregated with respect to 

18 each of paragraphs (1), (2), and (3) of subsection (b) of 

19 section 3, of waivers requested, granted, and denied, and 

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

21 the application for employment at issue. Such information 

22 shall also include the number of instances a polygraph ex23 amination was administered under the conditions described 

24 in subsection (c) of section 4, the result of such examination, 


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1 and the final outcome of the application for employment 

2 at issue.’’. 

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

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

5 amended by adding at the end the following new section: 

6 ‘‘SEC. 6. DEFINITIONS. 

7 ‘‘In this Act: 

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

9 ‘law enforcement officer’ has the meaning given such 

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

11 United States Code. 

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

13 meaning given such term in section 101(2) of title 38, 

14 United States Code. 

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

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

17 offense for which— 

18 ‘‘(A) a member of the Armed Forces may be 

19 discharged or separated from service in the 

20 Armed Forces; and 

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

22 authorized for the same or a closely related of23 fense under the Manual for Court-Martial, as 

24 pursuant to Army Regulation 635-200 chapter 

25 14-12. 


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

2 ‘Tier 5’ with respect to background investigations 

3 have the meaning given such terms under the 2012 

4 Federal Investigative Standards.’’. 


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Union Calendar No. 74 

115TH CONGRESS 

1ST SESSION H. R. 2213 

[Report No. 115–121] 

A BILL 

To amend the Anti-Border Corruption Act of 2010 

and for other purposes. to authorize certain polygraph waiver authority, 

MAY 16, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


asabaliauskas on DSK3SPTVN1PROD with BILLS