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 fol-
lowing 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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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 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 en-
forcement officer employed by a State or local law en-
forcement 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 statu-
tory powers for arrest or apprehension; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
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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, success-
fully completed a polygraph examination as a 
condition of employment with such officer’s cur-
rent law enforcement 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 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 
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not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) holds a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation. 
‘‘(3) In the case of an individual who is a mem-
ber 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 / Sen-
sitive Compartmented Information clearance; 
‘‘(C) holds, or has undergone within the 
past five years, a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; 
‘‘(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). 
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‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The au-
thority to issue a waiver under subsection (b) shall termi-
nate on the date that is five years after the date of the enact-
ment 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 employ-
ment and eligibility to hold a national security designated 
position, as determined by the Commissioner of U.S. Cus-
toms 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
EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
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receives a waiver under subsection (b) of section 3 if infor-
mation is discovered prior to the completion of a back-
ground investigation that results in a determination that 
a polygraph examination is necessary to make a final deter-
mination regarding suitability for employment or contin-
ued 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 enact-
ment 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 Secu-
rity 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 ex-
amination was administered under the conditions described 
in subsection (c) of section 4, the result of such examination, 
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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 of-
fense under the Manual for Court-Martial, as 
pursuant to Army Regulation 635-200 chapter 
14-12. 
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‘‘(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.’’. 
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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 
to authorize certain polygraph waiver authority, 
and for other purposes. 
MAY 16, 2017 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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