‘‘(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 ob-
tain the clearance referred to in subparagraph 
(B). 
‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 
authority to issue a waiver under subsection (b) shall ter-
minate on the date that is four years after the date of 
the enactment of the Border Security for America Act of 
2021.’’. 
(b) SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
DEFINITIONS.— 
(1) SUPPLEMENTAL
COMMISSIONER
AUTHOR-
ITY.—The Anti-Border Corruption Act of 2010 is 
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amended by adding at the end the following new sec-
tion: 
‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 
‘‘(a) NONEXEMPTION.—An individual who receives a 
waiver under section 3(b) is not exempt from other hiring 
requirements relating to suitability for employment and 
eligibility to hold a national security designated position, 
as determined by the Commissioner of U.S. Customs and 
Border Protection. 
‘‘(b) BACKGROUND
INVESTIGATIONS.—Any indi-
vidual who receives a waiver under section 3(b) 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 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, as the case may be.’’. 
(2) REPORT.—The Anti-Border Corruption Act 
of 2010, as amended by paragraph (1), is further 
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amended by adding at the end the following new sec-
tion: 
‘‘SEC. 6. REPORTING. 
‘‘(a) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this section and annu-
ally thereafter while the waiver authority under section 
3(b) is in effect, the Commissioner of U.S. Customs and 
Border Protection shall submit to Congress a report that 
includes, with respect to each such reporting period— 
‘‘(1) the number of waivers requested, granted, 
and denied under such section 3(b); 
‘‘(2) the reasons for any denials of such waiver; 
‘‘(3) the percentage of applicants who were 
hired after receiving a waiver; 
‘‘(4) the number of instances that a polygraph 
was administered to an applicant who initially re-
ceived a waiver and the results of such polygraph; 
‘‘(5) an assessment of the current impact of the 
polygraph waiver program on filling law enforcement 
positions at U.S. Customs and Border Protection; 
and 
‘‘(6) additional authorities needed by U.S. Cus-
toms and Border Protection to better utilize the 
polygraph waiver program for its intended goals. 
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‘‘(b) ADDITIONAL INFORMATION.—The first report 
submitted under subsection (a) shall include— 
‘‘(1) an analysis of other methods of employ-
ment suitability tests that detect deception and could 
be used in conjunction with traditional background 
investigations to evaluate potential employees for 
suitability; and 
‘‘(2) a recommendation regarding whether a 
test referred to in paragraph (1) should be adopted 
by U.S. Customs and Border Protection when the 
polygraph examination requirement is waived pursu-
ant to section 3(b).’’. 
(3) DEFINITIONS.—The Anti-Border Corrup-
tion Act of 2010, as amended by paragraphs (1) and 
(2), is further amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 7. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 
The term ‘Federal law enforcement officer’ means a 
‘law enforcement officer’, as such term is defined in 
section 8331(20) or 8401(17) of title 5, United 
States Code. 
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‘‘(2) 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. 
‘‘(3) 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. 
‘‘(4) VETERAN.—The term ‘veteran’ has the 
meaning given such term in section 101(2) of title 
38, United States Code.’’. 
(c) POLYGRAPH EXAMINERS.—Not later than Sep-
tember 30, 2025, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
graph examiners for administering polygraphs under the 
Anti-Border Corruption Act of 2010, as amended by this 
section. 
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