I 
118TH CONGRESS 
1ST SESSION 
H. R. 596 
To amend the Anti-Border Corruption Act of 2010 to authorize certain 
polygraph waiver authority, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2023 
Mr. CRENSHAW (for himself, Mr. CISCOMANI, Mr. ELLZEY, Ms. MACE, and 
Mr. MOOLENAAR) 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 author-
ize certain polygraph waiver authority, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Border Corrup-
tion Improvement Act’’. 
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 strik-
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ing subsection (b) and inserting the following new sub-
sections: 
‘‘(b) WAIVER AUTHORITY.—The Commissioner of 
U.S. Customs and Border Protection may waive the appli-
cation of subsection (a)(1) in the following circumstances: 
‘‘(1) In the case of a current, full-time law en-
forcement officer employed by a State or local law 
enforcement agency, if such officer— 
‘‘(A) has served as a law enforcement offi-
cer for not fewer than three years with no 
break in service; 
‘‘(B) is authorized by law to engage in or 
supervise the prevention, detection, investiga-
tion, 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 offi-
cer position; and 
‘‘(D) has, within the past ten years, suc-
cessfully completed a polygraph examination, 
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described in subsection (c), as a condition of 
employment with such officer’s current law en-
forcement agency. 
‘‘(2) In the case of a current, full-time law en-
forcement officer employed by a Federal law enforce-
ment agency, if such officer— 
‘‘(A) has served as a law enforcement offi-
cer for not fewer than three years with no 
break in service; 
‘‘(B) has authority to make arrests, con-
duct investigations, conduct searches, make sei-
zures, carry firearms, and serve orders, war-
rants, 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 offi-
cer position; and 
‘‘(D) holds a current background investiga-
tion to the level required for service as a law 
enforcement officer with U.S. Customs and 
Border Protection. 
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