I 
115TH CONGRESS 
1ST SESSION H. R. 2213 
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 
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 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 strik-
ing subsection (b) and inserting the following: 
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‘‘(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 as 
a condition of employment with such officer’s 
current law enforcement agency. 
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‘‘(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 Tier 4 background 
investigation or current Tier 5 background in-
vestigation. 
‘‘(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; 
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‘‘(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 subparagraph 
(B). 
‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 
authority to issue a waiver under subsection (b) shall ter-
minate on the date that is five years after the date of the 
enactment of the Anti-Border Corruption Reauthorization 
Act of 2017.’’. 
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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) NONEXEMPTION.—An individual who receives a 
waiver under subsection (b) of section 3 is not exempt 
from other hiring requirements relating to suitability for 
employment and eligibility to hold a national security des-
ignated position, as determined by the Commissioner of 
U.S. Customs and Border Protection. 
‘‘(b) BACKGROUND
INVESTIGATIONS.—Any indi-
vidual who receives a waiver under subsection (b) of sec-
tion 3 who holds a current Tier 4 background investiga-
tion 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 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 de-
termination regarding suitability for employment or con-
tinued employment, as the case may be.’’. 
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(b) DEFINITIONS.—The Anti-Border Corruption Act 
of 2010 is amended by adding at the end the following 
new section: 
‘‘SEC. 5. 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. 
‘‘(4) TIER 4; TIER 5.—The terms ‘Tier 4’ and 
‘Tier 5’ with respect to background investigations 
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have the meaning given such terms under the 2012 
Federal Investigative Standards.’’. 
Æ 
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