Anti-Border Corruption Improvement Act
This bill revises the waiver authority of the U.S. Customs and Border Protection (CBP) for polygraph examinations of applicants for law enforcement positions in the CBP.
Any individual who receives such a waiver and holds a current background investigation may be subject to further background investigation.
The CBP may administer a polygraph examination to an applicant for employment or an employee who is eligible for a waiver if information is discovered prior to the completion of a background investigation that makes necessary a final determination regarding suitability for employment or continued employment.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7287 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7287
To amend the Anti-Border Corruption Act of 2010 to authorize certain
polygraph waiver authority, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2022
Mr. Crenshaw (for himself, Mr. Cuellar, Mrs. Miller-Meeks, Mr. Budd,
Ms. Herrell, Mr. Moolenaar, Ms. Salazar, Ms. Mace, and Mr. Steil)
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 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 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 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, described in
subsection (c), 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 background investigation to
the level required for service as a law enforcement
officer with U.S. Customs and Border Protection.
``(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 and passed a
background investigation to the level required for
service as a law enforcement officer with U.S. Customs
and Border Protection;
``(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) Certain Polygraph Examination.--A polygraph examination
described in this subsection is a polygraph examination that satisfies
requirements established by the Secretary of Homeland Security, in
consultation with the Director of National Intelligence.''.
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 shall not be 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 background
investigation may be subject to further background investigation to the
level required for service as a law enforcement officer with U.S.
Customs and Border Protection.
``(c) Continuous Evaluation.--Any individual who receives a waiver
under subsection (b) of section 3 shall not be exempt from any
requirement relating to continuous evaluation established by the
Commissioner of U.S. Customs and Border Protection.
``(d) 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) 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 enactment 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 Security 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
examination was administered under the conditions described in
subsection (d) of section 4, the result of such examination, 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 offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200 chapter 14-12.''.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENT.
Paragraph (15) of section 411(c) of the Homeland Security Act of
2002 (6 U.S.C. 211(c)) is amended by striking ``section 3(1)'' and
inserting ``section 3''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
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