H.R. 2213House115th Congress (2017-2019)Passed House

Anti-Border Corruption Reauthorization Act of 2017

Introduced April 27, 2017

AI-Generated Summary

Updated April 15, 2026 at 3:10 PM UTC

The Anti‑Border Corruption Reauthorization Act of 2017 updates the 2010 law that governs hiring for U.S. Customs and Border Protection (CBP). It lets the CBP commissioner waive the mandatory polygraph test for qualified law‑enforcement officers, federal agents, and eligible military or veteran applicants who meet strict service, background and conduct criteria. The bill also requires annual reporting on how many waivers are requested, granted or denied, and adds clear definitions for key terms.

Key Provisions

  • The CBP commissioner may waive the polygraph requirement for (a) state or local law‑enforcement officers with at least three years of continuous service, no recent investigations or misconduct, and a recent successful polygraph; (b) federal law‑enforcement officers with similar service and background standards, including a Tier 4 or Tier 5 investigation; and (c) military members or veterans with at least three years of service, recent security clearances, and a Tier 4 or Tier 5 investigation.
  • Waiver authority expires five years after the reauthorization act becomes law.
  • Anyone receiving a waiver must still meet all other suitability and national‑security hiring standards, and if they have a Tier 4 background investigation they must undergo a Tier 5 investigation.
  • The commissioner can order a polygraph exam for a waiver recipient if new information arises before a background check is completed.
  • CBP must report each year for five years to the House and Senate Homeland Security committees the numbers of waivers requested, granted, denied, reasons for denial, and any polygraph exams administered.

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

June 8, 2017

View full timeline
HouseIntro Referral

Introduced in House

April 27, 2017

HouseIntro Referral

Referred to the House Committee on Homeland Security.

April 27, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 3, 2017

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 3, 2017

HouseCommittee

Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-121.

May 16, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 74.

May 16, 2017

HouseFloor

Rules Committee Resolution H. Res. 374 Reported to House. Rule provides for consideration of H.R. 2213 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.

June 6, 2017 • 7:21 PM

HouseFloor

Rule H. Res. 374 passed House.

June 7, 2017 • 2:27 PM

HouseFloor

Considered under the provisions of rule H. Res. 374. (consideration: CR H4676-4684)

June 7, 2017 • 3:05 PM

HouseFloor

Rule provides for consideration of H.R. 2213 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.

June 7, 2017 • 3:05 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 2213.

June 7, 2017 • 3:06 PM

HouseFloor

ORDER OF PROCEDURE - Mr. McCaul asked unanimous consent that the question of adopting the amendment to H.R. 2213 may be subject to postponement as though under clause 8 of rule 20. Agreed to without objection.

June 7, 2017 • 3:07 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 374, the House proceeded with 10 minutes of debate on the Lujan Grisham (NM) amendment.

June 7, 2017 • 3:45 PM

HouseFloor

The previous question was ordered pursuant to the rule.

June 7, 2017 • 3:55 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of the debate on the Lujan Grisham amendment, the Chair put the question on agreeing to the amendment and by voice vote announced that the ayes had prevailed. Mr. McCaul requested the Yeas and Nays and pursuant to the order of the House of June 7, 2017 the Chair postponed further proceedings on the adoption of the Lujan Grisham amendment until a time to be announced.

June 7, 2017 • 3:56 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4687-4688)

June 7, 2017 • 4:46 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 282 - 137 (Roll no. 294).(text: CR H4676-4677)

June 7, 2017 • 5:06 PM

HouseFloor

On passage Passed by recorded vote: 282 - 137 (Roll no. 294). (text: CR H4676-4677)

June 7, 2017 • 5:06 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 7, 2017 • 5:06 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

June 8, 2017

Amendments

2 amendments

Offered to this bill

Floor Debate

22 members

What members said about H.R. 2213 on the floor

10 Republicans12 Democrats
Liz Cheney
Rep. Liz CheneyR-WY · Jun 7, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 374 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Jun 7, 2017

Mr. Speaker, pursuant to House Resolution 374, I call up the bill (H.R. 2213) to amend the Anti-Border Corruption Act of 2010 to authorize certain polygraph waiver authority, and for other purposes,…

Martha McSally
Rep. Martha McSallyR-AZ-2 · Jun 7, 2017

Mr. Speaker, I rise today in strong support of my bill, H.R. 2213, the Anti-Border Corruption Reauthorization Act of 2017. U.S. Customs and Border Protection has two key missions: securing the border…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Jun 7, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentlewoman from Wyoming (Ms. Cheney), my friend, for yielding to me the customary 30 minutes for debate. H.R. 2213…

Michelle Lujan Grisham
Rep. Michelle Lujan GrishamD-NM-1 · Jun 7, 2017

Mr. Speaker, I had the benefit, of course, of hearing my colleague, Congresswoman Lofgren, and I appreciate my colleagues on the other side because, agreed, we all want there to be the right sort of…

Show 8 more
Filemon Vela
Rep. Filemon VelaD-TX-34 · Jun 7, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2213, the Anti-Border Corruption Reauthorization Act of 2017. I have forcefully rejected the President's…

Michael E. Capuano
Rep. Michael E. CapuanoD-MA-7 · Jun 7, 2017

Mr. Speaker, I rise to a question of the privileges of the House that was previously noticed. Yes, Mr. Speaker, I would like to do so. Mr. Speaker, the privileges of the House as defined in rule IX,…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Jun 7, 2017

Mr. Speaker, just when you think you heard it all, you haven't. And as my friend from Massachusetts (Mr. Capuano) just pointed out, what we need to do is uphold the integrity of this body, the…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-19 · Jun 7, 2017

Mr. Speaker, I rise in opposition to the rule and the underlying bill. The bill, in fact, does weaken critical screening of potential CBP officers, and our country actually should be working to…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-19 · Jun 7, 2017

Mr. Speaker, I do not at all question the intentions of the proponents of this bill. I understand that the entire rationale is to expedite hiring because of the vast number of vacancies. I do,…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · Jun 7, 2017

Mr. Speaker, I want to thank my Rules Committee colleague for yielding. I am proud to support this rule and the Anti-Border Corruption Reauthorization Act. Mr. Speaker, last November, the American…

Henry Cuellar
Rep. Henry CuellarD-TX-28 · Jun 7, 2017

Mr. Speaker, I want to thank Representative Vela for yielding time to me and also Chairman McCaul and the folks who have been working on this particular bill. CBP currently has a staffing deficit of…

Jodey C. Arrington
Rep. Jodey C. ArringtonR-TX-19 · Jun 7, 2017

Mr. Speaker, in the preamble of the Constitution, our Founding Fathers explained a more perfect Union required the Federal Government to do a few things, and to do them well. At the top of the list…

Show 11 more
Trent Kelly
Rep. Trent KellyR-MS-1 · May 19, 2017

Mr. Speaker, today I rise in memory of fallen soldier Army Sergeant (SGT) Jason Walter Vaughn who paid the ultimate sacrifice while defending our nation on May 10, 2007, during Operation Iraqi…

John H. Rutherford
Rep. John H. RutherfordR-FL-4 · Jun 7, 2017

Mr. Speaker, I rise today in support of the rule providing for the consideration of H.R. 2213, the Anti-Border Corruption and Reauthorization Act of 2017. As someone who has spent their entire career…

Vicente Gonzalez
Rep. Vicente GonzalezD-TX-15 · Jun 7, 2017

Mr. Speaker, I rise in support of H.R. 2213, the Anti-Border Corruption Reauthorization Act of 2017. This legislation aims to address a staffing issue that has plagued the United States Customs and…

Luis V. Gutierrez
Rep. Luis V. GutierrezD-IL-4 · Jun 7, 2017

Mr. Speaker, I will not mince words. Anyone who votes for this bill is voting to support and implement Donald Trump's views on immigration, his desire to militarize our southern border, and his…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Jun 7, 2017

Mr. Speaker, I will be unable to vote today on H.R. 2213, the Anti-Border Corruption Reauthorization Act. If I would be present, I would vote against the bill. While this bill purports to fast track…

Brian Babin
Rep. Brian BabinR-TX-36 · Jun 8, 2017

Mr. Speaker, on Wednesday, June 7, I joined the Vice- President for an important event at Johnson Space Center in my congressional district. As a result, I missed the following recorded votes: On…

Brian Babin
Rep. Brian BabinR-TX-36 · Jun 7, 2017

Mr. Speaker, on Wednesday, June 7, I joined the Vice President for an important event at Johnson Space Center in my congressional district. As a result, I missed the following recorded votes: On roll…

John R. Carter
Rep. John R. CarterR-TX-31 · Jun 7, 2017

Mr. Speaker, this polygraph waiver provision that is proposed here is a darn good idea that is a long time overdue from happening. The reality is the hiring process of the Border Patrol, and, in…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jun 7, 2017

Mr. Speaker, May 26 was a dark moment in my community, as a hateful tirade toward two young women, evidently based on their race and faith, led to tragedy. In the face of this menacing behavior,…

Clay Higgins
Rep. Clay HigginsR-LA-3 · Jun 7, 2017

Mr. Speaker, today I rise in support of H.R. 2213, the Anti-Border Corruption Reauthorization Act of 2017. Mr. Speaker, this bill is about standing up for Border Patrol cops. Border Patrol is…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Jun 12, 2017

Mr. Speaker, I rise today in opposition to the Anti- Border Corruption Reauthorization Act (H.R. 2213). The current polygraph requirement was mandated as part of the Anti- Border Corruption Act of…

Bill Text

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Referred in SenateIssued June 8, 2017

IIB

115th CONGRESS

1st Session

H. R. 2213

IN THE SENATE OF THE UNITED STATES

June 8, 2017

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

To amend the Anti-Border Corruption Act of 2010 to authorize certain polygraph waiver authority, and for other purposes.

1.

Short title

This Act may be cited as the Anti-Border Corruption Reauthorization Act of 2017.

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 3 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 10 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 3 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 3 years;

(B)

holds, or has held within the past 5 years, a Secret, Top Secret, or Top Secret / Sensitive Compartmented Information clearance;

(C)

holds, or has undergone within the past 5 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 5 years after the date of the enactment of the Anti-Border Corruption Reauthorization Act of 2017.

.

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:

4.

Supplemental Commissioner authority

(a)

Non-Exemption

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)

Report

The Anti-Border Corruption Act of 2010 is amended by adding at the end the following new section:

5.

Reporting

Not later than 1 year after the date of the enactment of this section and every year for the next 4 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 (c) 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:

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.

(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.

.

Passed the House of Representatives June 7, 2017.

Karen L. Haas,

Clerk