[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2213 Introduced in House (IH)]
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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
following bill; which was referred to the Committee on Homeland
Security
_______________________________________________________________________
A BILL
To amend the Anti-Border Corruption Act of 2010 to authorize certain
polygraph waiver authority, and for other purposes.
Be it enacted by the Senate and House of Representatives 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:
``(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 enforcement
officer employed by a State or local law enforcement 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 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 officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency.
``(2) In the case of a current, full-time law enforcement
officer employed by a Federal law enforcement 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 not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation.
``(3) In the case of an individual who is a member 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/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(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).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is five
years after the date of the enactment 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) 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 designated position, as determined by the
Commissioner of U.S. Customs 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 Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under subsection (b) of section 3 if information
is discovered prior to the completion of a background investigation
that results in a determination that a polygraph examination is
necessary to make a final determination regarding suitability for
employment or continued employment, as the case may be.''.
(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 offense
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 have the meaning given
such terms under the 2012 Federal Investigative Standards.''.
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