[House Report 115-121]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-121
======================================================================
ANTI-BORDER CORRUPTION REAUTHORIZATION ACT OF 2017
_______
May 16, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2213]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2213) to amend the Anti-Border Corruption Act of
2010 to authorize certain polygraph waiver authority, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 4
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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 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) 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:
``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 (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:
``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.
``(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.''.
Purpose and Summary
H.R. 2213, the Anti-Border Corruption Reauthorization Act
of 2017, provides waiver authority to the Commissioner of U.S.
Customs and Border Protection (CBP) as an additional method to
reduce the current staffing shortage that currently exists for
all of the law enforcement positions covered by the polygraph
examination requirement.
Three, narrowly tailored exemptions provides discretion to
the Commissioner of CBP to waive the polygraph for current
State and local law enforcement officers who have already
passed a polygraph examination, Federal law enforcement
officers who have already passed a stringent background
investigation and veterans with at least three consecutive
years in the military who have held a clearance and passed a
background check.
These exemptions are purely discretionary, not mandatory.
If there is something in an applicant's history, or background
that causes CBP concern, then the Commissioner would be
encouraged to use the polygraph exam to resolve those
questions.
These small changes can provide CBP with immediate relief
so that they are able to quickly, yet judiciously, hire
officers and agents from a pool of applicants that already
maintain the public's trust and put their lives on the line for
our security and safety on a daily basis.
Background and Need for Legislation
U.S. Border Patrol agents and Office of Field Operations
officers are, at the end of the day, the most important border
security resource we have.
All of the technology and infrastructure deployed along the
southern border is useless if we do not have a well-trained
agent or officer present to make an arrest, interdict a drug
load, screen cargo from a country of concern or speed
legitimate transit through a port of entry.
However, CBP is critically understaffed and well below its
congressionally mandated staffing levels by more than 1,000
Officers and 1,800 Border Patrol Agents. Even with a recent
push to hire more officers and agents, the process is slow and
arduous.
We are simply losing ground every single month, and there
is no end in sight as we continue to lose agents and officers
through attrition, without the ability to quickly hire new
ones. At the current hiring rate, approximately 150-200
applicants go through the process in order to hire one agent or
officer. This means CBP needs to have hundreds of thousands of
people apply just to meet their current needs. Hiring more
agents and officers will boost our national security and bring
good jobs to our local economy.
The Anti-Border Corruption Act of 2010 requires that CBP
law enforcement applicants undergo a pre-employment polygraph
examination as part of a very long and laborious process. This
is creating a substantial staffing bottleneck.
The Committee fully supports the Anti-Border Corruption Act
of 2010 (Pub. L. 111-376) to make sure that everyone who
applies to be a CBP Officer, a Border Patrol Agent, or an Air
and Marine interdict officer is thoroughly vetted to ensure
they are not at risk for corruption, or a cartel operative.
However, the Committee believes that these small changes
will provide CBP with immediate, albeit temporary, relief so
that they are able to quickly, yet judiciously, hire officers
and agents from a pool of applicants that already maintain the
public's trust and put their lives on the line for our security
and safety on a daily basis.
Hearings
No hearings were held on H.R. 2213 in the 115th Congress.
Committee Consideration
The Committee met on May 3, 2017, to consider H.R. 2213,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The Committee agreed to H.R. 2213, as amended, by voice
vote.
The following amendment was offered:
An amendment offered by Mr. Thompson of Mississippi (#1); was
AGREED TO by voice vote.
Page 6, line 4, redesignate subsection (b) as subsection (c).
Page 6, beginning line 4, insert a new subsection entitled ``(b)
Report.''
Page 6, line 5, strike ``is amended'' and insert ``as amended by
subsection (b) of this section, is further amended''.
Page 6, line 7, strike ``5'' and insert ``6''.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 2213.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2213, the Anti-Border Corruption Reauthorization Act of 2017,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 12, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2213, the Anti-
Border Corruption Reauthorization Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2213--Anti-Border Corruption Reauthorization Act of 2017
Current law requires U.S. Customs and Border Protection
(CBP) to administer polygraph examinations to nearly all
applicants for law enforcement positions. H.R. 2213 would
broaden the criteria for waiving the polygraph requirement for
certain applicants. Based on information from CBP, CBO
estimates that implementing the bill would have no significant
effect on the agency's spending to vet applicants for law
enforcement positions, because the expanded exemption would
probably not affect very many people.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2213 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 2213 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 2213 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goal or objective of this bill is
to expedite the hiring of Customs and Border Protection
Officers and Agents to meet the economic and national security
requirements of the Nation.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 2213 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2213 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2213 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Anti-Border Corruption Reauthorization Act of 2017''.
Sec. 2. Hiring Flexibility.
Section 2 amends the Anti-Border Corruption Act of 2010 to
provide discretionary authority for the Commissioner of U.S.
Customs and Border Protection (CBP) to waive the pre-employment
polygraph requirement for Federal, State and local law
enforcement officers who have served with their respective
agencies for not fewer than 3 years, are in good standing, and
have completed a polygraph within 10 years.
In the case of Federal law enforcement officers, a Tier 4
or Tier 5 Federal background check must have been completed
within the last 5 years. This section also allows the
Commissioner to waive the pre-employment polygraph for members
of the armed forces who have served not fewer than 3 years, has
received, or is eligible to receive an honorable discharge, and
has held a security clearance with in the last 5 years.
This waiver authority will end 5 years after the enactment
of this Act.
The Committee is concerned with CBPs inability to reach its
current authorized employment levels and the impact to the
Nation's security and economic growth causes by CBP officer and
agent shortage. As a result, the Committee is providing this
temporary waiver authority for these three, narrowly tailored
exemptions to alleviate the immediate shortage of CBP officers
and Border Patrol agents while changes are piloted to the
polygraph examination. The Committee would encourage the
Commissioner to require a polygraph examination for any
applicant in the three waiver categories should any concerns be
discovered in that applicant's history or background. The
explicit sunset in the bill is designed to provide Congress
with the ability to weigh-in on the long-term necessity of this
waiver authority.
Sec. 3. Supplemental Commissioner Authority and Definitions.
Section 3 amends the Anti-Border Corruption Act of 2010 to
insert new sections 4, 5, and 6 as follows:
Sec. 4. Supplemental Commission Authority.
Section 4 amends the Anti-Border Corruption Act of 2010 to
specify that while the Commissioner may waive the polygraph
requirement, no other aspects of the CBP hiring process shall
be waived. The Commissioner is authorized to perform a
polygraph examination on a waiver recipient if derogatory
information on the applicant is discovered during the hiring
process and a polygraph is needed to inform a hiring decision.
This section defines law enforcement officer, veteran,
serious military or civil offense, and Tier 4 and Tier 5
background checks.
The Committee believes that while providing the
Commissioner discretionary waiver authority for highly
qualified, pre-vetted candidates, our intent is not to lower
the standards for the hiring of a CBP agents and officers given
the immense national security responsibilities of these law
enforcement officers. Section 3 ensures that while a candidate
may receive a polygraph waiver, the Commissioner continues to
have the authority to require a candidate to complete a
polygraph examination, and a higher-level background
investigation to ensure that CBP applicants are appropriately
and thoroughly vetted.
Though the Committee recognizes that this measure may
improve, on a limited basis, CBP's ability to onboard new
employees, there are larger challenges associated with the
hiring process, most especially as relates to the polygraph
program. The Committee intends to carry out oversight of the
use of this waiver authority in addition to any reforms CBP may
consider for the administration of its pre-employment polygraph
examinations. The Committee is aware that CBP launched a pilot
to test a revised version of its polygraph examination in late
April 2017 with the intention of improving pass rates,
shortening the overall time needed to administer the polygraph,
and potentially address concerns about how these polygraphs are
administered. The results of this pilot, any future pilots to
test variations of the polygraph, as well as any subsequent
changes to CBP's hiring process will be closely monitored by
the Committee to ensure the integrity and intent of thoroughly
vetting applicants for CBP law enforcement positions.
Sec. 5. Reporting.
Section 5 mandates that CBP submit to the appropriate
congressional committees, an annual report for the 5-years of
the waiver program is authorized under this Act. The report
must include the number of waivers requested, granted and
denied, the reason for the denial, and the final outcome of
employment status. The report must also include the number of
polygraph waiver applicants that had a polygraph waiver granted
and were subsequently polygraphed due to derogatory information
being discovered during the hiring process, as well as the
final employment determination of those applicants.
The Committee believes that these reports will enable the
Committee to assess the use and frequency of the wavier
authority provided in the bill.
Sec. 6. Definitions.
Section 6, of the revised Anti-Border Corruption Act of
2010, defines terms used in this act including: ``law
enforcement officer'', ``veteran'', ``serious military or civil
offense'', ``Tier 4'', and ``Tier 5''.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ANTI-BORDER CORRUPTION ACT OF 2010
* * * * * * *
SEC. 3. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH
EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF U.S.
CUSTOMS AND BORDER PROTECTION.
(a) In General.--The Secretary of Homeland Security shall
ensure that--
(1) by not later than 2 years after the date of the
enactment of this Act, all applicants for law
enforcement positions with U.S. Customs and Border
Protection (except as provided in subsection (b))
receive polygraph examinations before being hired for
such a position; and
(2) by not later than 180 days after the date of the
enactment of this Act, U.S. Customs and Border
Protection initiates all periodic background
reinvestigations for all law enforcement personnel of
U.S. Customs and Border Protection that should receive
periodic background reinvestigations pursuant to
relevant policies of U.S. Customs and Border Protection
in effect on the day before the date of the enactment
of this Act.
[(b) Waiver.--The Commissioner of U.S. Customs and Border
Protection may waive the polygraph examination requirement
under subsection (a)(1) for any applicant who--
[(1) is deemed suitable for employment;
[(2) holds a current, active Top Secret/Sensitive
Compartmented Information Clearance;
[(3) has a current Single Scope Background
Investigation;
[(4) was not granted any waivers to obtain his or
her clearance; and
[(5) is a veteran (as defined in section 2108 of
title 5, United States Code).]
(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. 4. PROGRESS REPORT.
[Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter through the date that
is 2 years after such date of enactment, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a report on the progress made by U.S. Customs and Border
Protection toward complying with section 3.]
SEC. 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.
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 (c) of section 4, the result of such
examination, and the final outcome of the application for
employment at issue.
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.
(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.
[all]