I
118THCONGRESS
1
STSESSION H. R. 596
To amend the Anti-Border Corruption Act of 2010 to authorize certain
polygraph waiver authority, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY27, 2023
Mr. C
RENSHAW(for himself, Mr. CISCOMANI, Mr. ELLZEY, Ms. MACE, and
Mr. M
OOLENAAR) 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 author-
ize certain polygraph waiver authority, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Anti-Border Corrup-4
tion Improvement Act’’. 5
SEC. 2. HIRING FLEXIBILITY. 6
Section 3 of the Anti-Border Corruption Act of 2010 7
(Public Law 111–376; 6 U.S.C. 221) is amended by strik-8
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ing subsection (b) and inserting the following new sub-1
sections: 2
‘‘(b) W
AIVERAUTHORITY.—The Commissioner of 3
U.S. Customs and Border Protection may waive the appli-4
cation of subsection (a)(1) in the following circumstances: 5
‘‘(1) In the case of a current, full-time law en-6
forcement officer employed by a State or local law 7
enforcement agency, if such officer— 8
‘‘(A) has served as a law enforcement offi-9
cer for not fewer than three years with no 10
break in service; 11
‘‘(B) is authorized by law to engage in or 12
supervise the prevention, detection, investiga-13
tion, or prosecution of, or the incarceration of 14
any person for, any violation of law, and has 15
statutory powers for arrest or apprehension; 16
‘‘(C) is not currently under investigation, 17
has not been found to have engaged in criminal 18
activity or serious misconduct, has not resigned 19
from a law enforcement officer position under 20
investigation or in lieu of termination, and has 21
not been dismissed from a law enforcement offi-22
cer position; and 23
‘‘(D) has, within the past ten years, suc-24
cessfully completed a polygraph examination, 25
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•HR 596 IH
described in subsection (c), as a condition of 1
employment with such officer’s current law en-2
forcement agency. 3
‘‘(2) In the case of a current, full-time law en-4
forcement officer employed by a Federal law enforce-5
ment agency, if such officer— 6
‘‘(A) has served as a law enforcement offi-7
cer for not fewer than three years with no 8
break in service; 9
‘‘(B) has authority to make arrests, con-10
duct investigations, conduct searches, make sei-11
zures, carry firearms, and serve orders, war-12
rants, and other processes; 13
‘‘(C) is not currently under investigation, 14
has not been found to have engaged in criminal 15
activity or serious misconduct, has not resigned 16
from a law enforcement officer position under 17
investigation or in lieu of termination, and has 18
not been dismissed from a law enforcement offi-19
cer position; and 20
‘‘(D) holds a current background investiga-21
tion to the level required for service as a law 22
enforcement officer with U.S. Customs and 23
Border Protection. 24
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‘‘(3) In the case of an individual who is a mem-1
ber of the Armed Forces (or a reserve component 2
thereof) or a veteran, if such individual— 3
‘‘(A) has served in the Armed Forces for 4
not fewer than three years; 5
‘‘(B) holds, or has held within the past five 6
years, a Secret, Top Secret, or Top Secret/Sen-7
sitive Compartmented Information clearance; 8
‘‘(C) holds or has undergone and passed a 9
background investigation to the level required 10
for service as a law enforcement officer with 11
U.S. Customs and Border Protection; 12
‘‘(D) received, or is eligible to receive, an 13
honorable discharge from service in the Armed 14
Forces and has not engaged in criminal activity 15
or committed a serious military or civil offense 16
under the Uniform Code of Military Justice; 17
and 18
‘‘(E) was not granted any waivers to ob-19
tain the clearance referred to subparagraph 20
(B). 21
‘‘(c) C
ERTAINPOLYGRAPHEXAMINATION.—A poly-22
graph examination described in this subsection is a poly-23
graph examination that satisfies requirements established 24
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by the Secretary of Homeland Security, in consultation 1
with the Director of National Intelligence.’’. 2
SEC. 3. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 3
DEFINITIONS. 4
(a) S
UPPLEMENTAL COMMISSIONERAUTHORITY.— 5
Section 4 of the Anti-Border Corruption Act of 2010 6
(Public Law 111–376) is amended to read as follows: 7
‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 8
‘‘(a) N
ON-EXEMPTION.—An individual who receives 9
a waiver under subsection (b) of section 3 shall not be 10
exempt from other hiring requirements relating to suit-11
ability for employment and eligibility to hold a national 12
security designated position, as determined by the Com-13
missioner of U.S. Customs and Border Protection. 14
‘‘(b) B
ACKGROUND INVESTIGATIONS.—Any indi-15
vidual who receives a waiver under subsection (b) of sec-16
tion 3 who holds a current background investigation may 17
be subject to further background investigation to the level 18
required for service as a law enforcement officer with U.S. 19
Customs and Border Protection. 20
‘‘(c) C
ONTINUOUS EVALUATION.—Any individual 21
who receives a waiver under subsection (b) of section 3 22
shall not be exempt from any requirement relating to con-23
tinuous evaluation established by the Commissioner of 24
U.S. Customs and Border Protection. 25
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‘‘(d) ADMINISTRATION OF POLYGRAPHEXAMINA-1
TION.—The Commissioner of U.S. Customs and Border 2
Protection is authorized to administer a polygraph exam-3
ination to an applicant or employee who is eligible for or 4
receives a waiver under subsection (b) of section 3 if infor-5
mation is discovered prior to the completion of a back-6
ground investigation that results in a determination that 7
a polygraph examination is necessary to make a final de-8
termination regarding suitability for employment or con-9
tinued employment, as the case may be.’’. 10
(b) R
EPORT.—The Anti-Border Corruption Act of 11
2010 is amended by adding at the end the following new 12
section: 13
‘‘SEC. 5. REPORTING. 14
‘‘Not later than one year after the date of the enact-15
ment of this section and every year for the next four years 16
thereafter, the Commissioner of U.S. Customs and Border 17
Protection shall provide the Committee on Homeland Se-18
curity of the House of Representatives and the Committee 19
on Homeland Security and Governmental Affairs of the 20
Senate information on the number, disaggregated with re-21
spect to each of paragraphs (1), (2), and (3) of subsection 22
(b) of section 3, of waivers requested, granted, and denied, 23
and the reasons for any such denial, and the final outcome 24
of the application for employment at issue. Such informa-25
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tion shall also include the number of instances a polygraph 1
examination was administered under the conditions de-2
scribed in subsection (d) of section 4, the result of such 3
examination, and the final outcome of the application for 4
employment at issue.’’. 5
(c) D
EFINITIONS.—The Anti-Border Corruption Act 6
of 2010, as amended by subsection (b) of this section, is 7
further amended by adding at the end the following new 8
section: 9
‘‘SEC. 6. DEFINITIONS. 10
‘‘In this Act: 11
‘‘(1) L
AW ENFORCEMENT OFFICER .—The term 12
‘law enforcement officer’ has the meaning given such 13
term in sections 8331(20) and 8401(17) of title 5, 14
United States Code. 15
‘‘(2) V
ETERAN.—The term ‘veteran’ has the 16
meaning given such term in section 101(2) of title 17
38, United States Code. 18
‘‘(3) S
ERIOUS MILITARY OR CIVIL OFFENSE .— 19
The term ‘serious military or civil offense’ means an 20
offense for which— 21
‘‘(A) a member of the Armed Forces may 22
be discharged or separated from service in the 23
Armed Forces; and 24
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‘‘(B) a punitive discharge is, or would be, 1
authorized for the same or a closely related of-2
fense under the Manual for Court-Martial, as 3
pursuant to Army Regulation 635–200 chapter 4
14–12.’’. 5
SEC. 4. TECHNICAL AND CONFORMING AMENDMENT. 6
Paragraph (15) of section 411(c) of the Homeland 7
Security Act of 2002 (6 U.S.C. 211(c)) is amended by 8
striking ‘‘section 3(1)’’ and inserting ‘‘section 3’’. 9
Æ
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