[Congressional Record Volume 163, Number 97 (Wednesday, June 7, 2017)]
[House]
[Pages H4676-H4684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANTI-BORDER CORRUPTION REAUTHORIZATION ACT OF 2017
Mr. McCAUL. 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,
and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 374, the
amendment in the nature of a substitute recommended by the Committee on
Homeland Security, printed in the bill, shall be considered as adopted,
and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 2213
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 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
[[Page H4677]]
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.''.
The SPEAKER pro tempore. The gentleman from Texas (Mr. McCaul) and
the gentleman from Texas (Mr. Vela) each will control 30 minutes.
The Chair recognizes the gentleman from Texas (Mr. McCaul).
General Leave
Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous materials on the bill, H.R. 2213.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Permission to Postpone Proceeding on Amendment to H.R. 2213, Anti-
Border Corruption Reauthorization Act of 2017
Mr. McCAUL. Mr. Speaker, I ask unanimous consent that the question of
adopting amendment No. 1 to H.R. 2213 may be subject to postponement as
though under clause 8 of rule XX.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume,
and in support of the Anti-Border Corruption Reauthorization Act of
2017.
Mr. Speaker, the failed immigration policies of the previous
administration have kept our borders open, weakened our national
security, and put millions of American lives at risk from an increasing
number of grave and growing threats. These threats come from drug
cartels, gang members, human traffickers, and international terrorists
who seek to do our country harm.
Fortunately, we now have a partner in the White House who understands
that we cannot rely on the oceans or other natural boundaries alone to
separate us from those looking to infiltrate our homeland.
This morning, I was once again pleased to welcome Secretary Kelly
before the Committee on Homeland Security and listen to him articulate
the importance of border security to the Trump administration.
We know we need a 21st century border to meet 21st century threats.
Sadly, every few days, we hear a story on the news that reminds us of
the dangerous consequences of Washington's inability to achieve that
goal.
As a former Federal prosecutor and the chief of counterterrorism and
national security in the U.S. Attorney's Office in Texas, I have seen
how people take advantage of our Nation's open borders. Over time,
those who are determined to come here illegally become agile. They
adapt to the measures that we take to stop them. It is obvious that we
need a new approach.
When it comes to strengthening our borders, additional funds and new
technology will be necessary. However, our strongest assets are the
courageous men and women who serve as Border Patrol agents and Customs
and Border Protection officers. These patriots put their lives on the
line every single day to protect us while also safeguarding our
economic relationships that boost American jobs and grow American
businesses.
However, we are almost 1,800 Border Patrol agents and 1,000 CBP
officers short of having the force that we need to keep our borders
secure. Our forces are stretched thin and our efforts to recruit
additional officers and agents have slowed due to strict requirements
for new applicants. Currently, it takes an average of 113 applicants to
hire just one new officer or agent. This is a major problem that must
be addressed.
This legislation offers a solution by providing the CBP Commissioner
with the flexibility to hire State and local law enforcement officers
who have already served for 3 years without a break in service, are not
under investigation or have been found guilty of misconduct, and have
previously passed a law enforcement polygraph exam.
It also provides the CBP Commissioner with the authority to hire
members and veterans of the armed services who have held security
clearances and who have already completed a robust background check.
To put it simply, this bill will make it easier for some of America's
finest law enforcement officers and soldiers to help protect our
borders.
As drugs continue to creep into our neighborhoods and wreak havoc on
our communities and terrorists advance their plans to attack our
country and disrupt our way of life, we must make sure we have an
adequate force to protect our borders.
This needs to be a priority. This should not be a partisan issue. In
fact, Mr. Speaker, this bill passed unanimously out of my committee.
Members from both parties should come together, as they did at the
committee level, as Mr. Vela did, and support this effort.
American families deserve to know that we are doing everything we can
to keep our homeland safe. This legislation gives us a chance to do
just that.
I would like to thank my colleague and chairwoman of the Subcommittee
on Border and Maritime Security, Congresswoman McSally from Arizona,
for all of her hard work on this bill. As a Representative from a
district along our Southern border, she fully understands more than any
Member the seriousness of this issue.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. VELA. 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 mass deportation efforts
from the beginning, and I will continue to do so.
Many of us have appropriately criticized our President for wrongfully
attributing the criminal actions of a few undocumented individuals to
the entire undocumented population. Equally here, it would be
hypocritical to attribute the criminal actions of a few rogue agents to
the hardworking men and women that protect our Nation every day and who
uphold the ethical standards that we should expect.
The Anti-Border Corruption Reauthorization Act of 2017 will assist
CBP in fulfilling its mission to facilitate legitimate trade and travel
at our ports of entry.
According to the Joint Economic Committee, the volume of commerce
crossing our borders has more than tripled in the last 25 years.
Currently, 1.1 million people and $5.9 billion in goods enter and exit
the U.S. at 328 U.S. ports of entry every day.
In fiscal year 2016, CBP officers and agents seized and/or disrupted
more than 3.3 million pounds of narcotics across the country, including
approximately 46,000 pounds of methamphetamine, 48,000 pounds of
heroin, and 440 pounds of fentanyl, keeping these harmful drugs off of
our streets.
CBP has struggled with recruiting the officers and agents to fill its
frontline ranks at our Nation's air, land, and seaports. Currently,
there are 1,400 unfilled positions within the CBP workforce at our
Nation's ports of entry. Delays and short staffing at our ports of
entry costs the United States economy up to $5.8 billion each year.
Under this bill, the CBP Commissioner may, on a case-by-case basis,
exempt certain veterans and State and local law enforcement officers
who meet specific standards, such as holding a security clearance and
previously passing a polygraph, from having to take the CBP polygraph
as a part of the hiring process. All other vetting requirements in the
12-step hiring process for these applicants will still apply.
This bill simply grants CBP limited authority to waive a single step
in its robust vetting process for qualifying applicants who hold
security clearances or who have successfully completed polygraphs.
I would like to thank Chairman McCaul, Ranking Member Thompson, and
Chairwoman McSally for their work on this bill. I also thank Chairman
McCaul and Chairwoman McSally by accepting changes offered by the
minority to improve this bill.
[[Page H4678]]
Ranking Member Thompson offered an amendment in committee to require
CBP to report to Congress how many of these waivers are requested,
granted, and denied; the reasons for these denials; as well as whether
these applicants are ultimately hired or not.
{time} 1515
Additionally, it requires CBP to inform Congress on the number of
applicants who are granted a waiver but undergo a polygraph examination
anyway based on information discovered during their background
investigation. Congress must remain vigilant about how the waiver
authority is used, and this amendment will ensure we have the
information to do so.
Mr. Speaker, in short, the men and women on the front lines of CBP
need our help. I urge my colleagues to support this bill.
I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield as much time as she may consume to
the gentlewoman from Arizona (Ms. McSally), the sponsor of the bill and
the chairwoman of the Subcommittee on Border and Maritime Security.
Ms. McSALLY. 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 and facilitating cross-border commerce that powers the Nation's
economic growth. In order to accomplish those missions, they need
enough agents and officers to be able to make arrests, interdict drug
loads, screen cargo from countries of concern, or move legitimate
commerce and passengers through an air, land, and sea port of entry.
U.S. Border Patrol agents and CBP officers are, at the end of the
day, the most important border security and trade resource we have.
Unfortunately, they are in short supply these days, which has created a
national security and economic vulnerability that this Congress must
address.
CBP is critically understaffed and remains well below its
congressionally mandated staffing levels by more than 1,000 CBP
officers and 1,800 border patrol agents. The manpower shortage is
getting worse. We are losing ground every single month, and there is no
end in sight as we continue to lose experienced agents and officers
through attrition without the ability to efficiently hire new ones. For
example, CBP has invested $200 million in a port of entry
infrastructure in Arizona, alone, over the last 8 years, but there is
simply not enough staff to open up every lane that is available.
I want to emphasize this point: officer and agent shortages did not
happen overnight. The U.S. Border Patrol has not met its
congressionally mandated hiring numbers since fiscal year 2014, and CBP
has been losing officers to man our ports since early in fiscal year
2016.
At the current hiring rate, approximately 113 applicants go through
the process in order to hire a single officer or agent. That means CBP
needs to have hundreds of thousands of people apply just to meet their
current needs. We need more manpower to properly secure our border,
screen passengers at our Nation's airports who arrive from overseas,
and facilitate cross-border commerce that powers our economy.
There are several underlying issues that are responsible for these
current staffing woes. For starters, it takes more than 292 days for
these 12 distinct steps, on average, to hire a new officer or agent.
And even with the newer expedited system that is supposed to condense
these steps into just several days, it still takes an average of 160
days to complete the process. Very few people can wait somewhere
between 6 months to a year for a job. We are losing very experienced
and already vetted applicants.
Several years ago, the committee began working directly with the
previous administration to find solutions to these staffing problems
and the hiring process. The bill under consideration today represents
the fruits of that bipartisan work and, as a result, was passed out of
the Homeland Security Committee unanimously last month.
My bill allows the Commissioner of CBP to waive the polygraph
requirement 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 3 consecutive years in the military who have
held a security 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, they can still use the polygraph exam to resolve those
questions.
These small changes will provide CBP with immediate relief so they
are able to quickly, yet judiciously, hire officers and agents from a
pool of qualified applicants who already maintain the public's trust
and put their lives on the line for our security and our safety on a
daily basis.
I want to make my position very clear. Everyone who applies to be a
CBP officer or Border Patrol agent should be thoroughly vetted to
ensure there are no integrity issues in their background and they are
not at risk for corruption. That is how the current system operates,
and nothing in this bill would change that. That is why Congress
required polygraph examinations and stringent background checks for
agents in the first place.
I fully support the use of polygraph examinations to weed out people
who are unfit to wear the badge or carry a gun, but we can and should
make these very narrow, sensible, and straightforward allowances to
permit CBP to hire those who have already been vetted and proven by
their service in uniform that they are suitable to become agents and
officers.
The National Treasury Employees Union, who represent the officers who
are stationed at the ports of entry; the Non Commissioned Officers
Association, who represent many of our veterans; the Fraternal Order of
Police; the Border Trade Alliance; the U.S. Chamber of Commerce; and
the Department of Homeland Security all support this bill. Indeed, this
is a rare bill that has united both management and labor.
I include these letters of support in the Record.
The National Treasury
Employees Union,
June 5, 2017.
Dear Representative: On behalf of the Customs and Border
Protection (CBP) Officers at the Department of Homeland
Security who are stationed at 328 land, sea and air ports of
entry represented by the National Treasury Employees Union
(NTEU), I ask you to vote YES on H.R. 2213, the Anti-Border
Corruption Reauthorization Act of 2017. This legislation
would expand the applicant pool for vacant CBP Officer
positions by allowing the CBP Commissioner to waive polygraph
requirements for certain categories of job applicants.
NTEU continues to have significant concerns about the slow
pace of hiring at CBP. CBP has struggled to fill 2,000
Officer positions that Congress authorized in 2014. A major
impediment to fulfilling CBP's hiring goal is that CBP is the
only federal agency with a congressional mandate that all
front-line officer applicants receive a polygraph test. Two
out of three applicants fail its polygraph--about 65
percent--more than double the average rate of eight law
enforcement agencies according to data provided to the
Associated Press. The eight law enforcement agencies that
supplied this information showed an average failure rate of
28 percent. As an example, the U.S. Drug Enforcement
Administration failed 36 percent of applicants in the past
two years.
NTEU does not seek to reduce the standards used by CBP in
their hiring process, but believes that there is a problem
with how the polygraph is currently administered. We have
asked CBP to review its current polygraph policy to
understand why CBP is failing applicants at a much higher
rate than individuals applying to work at other federal law
enforcement agencies. H.R. 2213 expands the authority to
waive polygraph examinations for certain veterans and law
enforcement officers, while also safeguarding CBP's right to
administer the polygraph for these exempted applicants if a
need arises.
Improving the current polygraph program should help in
expediting the CBP Officer hiring process so that the
existing 1,400 vacancies can be filled allowing CBP to move
forward with funding and hiring the 2,107 additional Officers
required by CBP's Workforce Staffing Model. NTEU also
recommends that CBP allow immediate polygraph re-testing
opportunities to those with a No Opinion or Inconclusive
result, including those with a No Opinion Counter Measures
finding.
NTEU asks you to vote YES on H.R. 2213.
Sincerely,
Anthony M. Reardon,
National President.
[[Page H4679]]
____
Non Commissioned Officers
Association,
June 6, 2017.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental
Affairs, U.S. Senate, Washington, DC.
Dear Chairman Johnson: On behalf of the Non-Commissioned
Officers Association (NCOA), a Veteran Service Organization
of over 55,000 members, I am writing to offer support for the
``Anti-Border Corruption Reauthorization Act of 2017,'' which
was ordered reported as S. 595 by the Senate Homeland
Security and Governmental Affairs Committee on May 17, 2017,
and reported as H.R. 2213 by the House Homeland Security
Committee on May 16, 2017. NCOA supports the goal of
increasing border security through easing polygraph
requirements for Veterans who have already taken a polygraph
and are interested in serving the border security mission.
NCOA has been working with CBP to help fulfill its hiring
and recruiting mission. CBP is faced with numerous
challenges--many of which can be assisted by looking to our
nation's transitioning Veterans. NCOA has had an extensive
and national transition program for our NCOs for decades and
believe that our Veterans are qualified, trained, and
committed to the mission of protecting our nation.
NCOA supports amendments to the Anti-Border Corruption Act
of 2010 (Pub. L. No. 111-376), which fosters integrity in the
workplace by requiring that all CBP applicants for law
enforcement positions receive a polygraph examination before
being offered employment. The amendments proposed by S. 595
and H.R. 2213 would enable CBP to develop a risk-based
approach to extend polygraph waiver eligibility to an
applicant who falls under one of three categories and
satisfies specific criteria including but not limited to:
1. A Current State or Local Law Enforcement Officer with a
successfully completed polygraph examination with the
applicant's law enforcement agency, at least three
consecutive years employed as a fully authorized law
enforcement officer, and no history of criminal activity or
serious misconduct;
2. A Current Federal Law Enforcement Officer with at least
three consecutive years employed as a fully authorized
federal law enforcement officer, a current/in-scope Tier 4
Background Investigation or a Tier 5 Single Scope Background
Investigation, and no history of criminal activity or serious
misconduct; or
3. A Transitioning Military Service Member, Veteran, or
Member of the Reserves or National Guard who has at least
four years of service in the military, no history of criminal
activity or serious misconduct, and who holds or has held
(within the past five years) a Secret, Top Secret, or Top
Secret/Sensitive Compartmented Information clearance and was
not granted any waivers to obtain that clearance.
NCOA believes the flexibility to waive the polygraph for
the Veteran categories outlined in the amendment makes sense
and would potentially expedite their onboarding to a position
in border patrol. Currently, the onboarding process simply
takes too long and CBP loses great candidates, and Veterans
go elsewhere.
We also strongly disagree with objections to this small
alteration to the polygraph policies--we are talking about
Veterans and others who have already committed their lives to
protecting the nation and its citizens and to say otherwise
is pure fallacy and dirty politics.
Thank you for your attention and for your efforts to help
secure our borders and enable transitioning Veterans to find
meaningful employment.
Respectfully,
Jon Ostrowski,
BMCS (ret.) U.S. Coast Guard,
Executive Director, NCOA.
____
National Fraternal Order
of Police,
Washington, DC, June 7, 2017.
Hon. Paul D. Ryan,
Speaker of the House, House of Representatives, Washington,
DC.
Hon. Kevin O. McCarthy,
Majority Leader, House of Representatives,
Washington, DC.
Hon. Nancy P. Pelosi,
Minority Leader, House of Representatives,
Washington, DC.
Hon. Steny H. Hoyer,
Minority Whip, House of Representatives,
Washington, DC.
Dear Mr. Speaker and Representatives McCarthy, Pelosi and
Hoyer: I am writing on behalf of the members of the Fraternal
Order of Police to advise you of our support for H.R. 2213,
the ``Anti-Border Corruption Reauthorization Act,'' and to
urge the House to pass it.
The pace of hiring at the Customs and Border Protection in
the U.S. Department of Homeland Security has been problematic
for several years. This legislation would expand the
applicant front line officers pool to fill vacant officer
positions at CBP by allowing the Commissioner to waive the
polygraph requirements in certain cases. The CBP is one of
the few Federal agencies that requires all its front-line
officers to pass a polygraph--a test that two of three
applicants will fail. This rate of failure is considerably
higher than other Federal law enforcement agencies and the
FOP strongly recommends that how these tests are administered
be reviewed to determine why this is the case.
The bill will give the CBP greater flexibility by allowing
the polygraph test to be waived for certain veterans and law
enforcement officers. This will enable the CBP to fill its
positions without compromising the integrity of their hiring
process.
On behalf of the more than 330,000 members of the Fraternal
Order of Police, we are pleased to support this legislation
and look forward to its passage in the House. If I can be of
any further assistance on this or any other issue, please do
not hesitate to contact me or my Senior Advisor Jim Pasco in
my Washington, D.C. office.
Sincerely,
Chuck Canterbury,
National President.
____
Border Trade Alliance,
Washington, DC, June 7, 2017.
Hon. Martha McSally,
Washington, DC.
Dear Representative McSally: The Border Trade Alliance
(BTA) supports your legislation, H.R. 2213, The Anti-Border
Corruption Reauthorization Act of 2017, which contains
important reforms to the polygraph examination process
employed in the recruitment of Customs and Border Protection
officers.
For over 30 years, the BTA has sought to support public
policies that encourage robust cross-border trade while
ensuring our ports of entry have the resources necessary to
process that trade securely and efficiently. Adequate port
staffing is critical to realizing those goals.
We share your belief that CBP's ability to recruit new
officers into its ranks is hamstrung by a polygraph screening
that is overly burdensome and not properly aligned with the
needs of today's CBP.
CBP's failure to meet Congress' calls for hiring 2,000 new
officers must be addressed swiftly, or our borders will
continue to be characterized by long delays and congestion.
Your bill wisely seeks to streamline the recruitment
process by waving the existing polygraph exam process for
current state or local law enforcement officers in good
standing if they have already completed a polygraph
examination as a condition of their employment or, in the
case of federal law enforcement officials, have already
completed a Tier 4 or 5 background investigation. In the case
of members of the military or veterans, your bill allows the
polygraph exam to be waived for individuals who have received
high level security clearances. Finally, your legislation
contains an added level of security by permitting CBP to
administer a polygraph exam in those cases where a background
investigation indicates a polygraph examination is necessary
to make a final determination regarding an applicant's
suitability for employment or an employee's continued
employment.
The reforms contained in your legislation are important as
we seek new ways to attract talented, qualified individuals
into CBP careers with as few redundant, bureaucratic hurdles
as possible, while still strengthening border security and
ensuring the highest degree of confidence in new recruits.
The Border Trade Alliance is proud to support your
legislation and we commend you for working in a bipartisan
fashion. Our organization stands ready to assist you in your
efforts to advance this bill through to passage.
Sincerely,
Russell L. Jones,
Chairman.
Britton Clarke,
President.
____
Chamber of Commerce of the
United States of America,
Washington, DC, May 4, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, House of
Representatives, Washington, DC.
Hon. Bennie Thompson,
Ranking Member, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Chairman McCaul and Ranking Member Thompson: The U.S.
Chamber of Commerce supports H.R. 2213, the ``Anti-Border
Corruption Reauthorization Act of 2017.'' This legislation is
a positive development for national security, veterans'
employment, and facilitating trade and travel as it addresses
the shortage of U.S. Customs and Border Protection (CBP)
officers at our borders.
Over the past several years, attempts have been made to
increase the ranks of CBP officers. It is clear from CBP's
own staffing model that additional resources are needed to
adequately secure the homeland and facilitate legitimate
trade and travel. This legislation would provide the
flexibility to expedite the hiring process for qualified
individuals who have already proven themselves through
service in local law enforcement or the military.
To meet the staffing levels set by Congress, this
legislation is critical and would help on both the national
security and economic fronts. A recent study found that every
batch of 33 CBP officers hired could lead to an increase in
GDP of $61.8 million and employment gains of 1,053 jobs in
the U.S.
The Chamber appreciates the Committee's continued
engagement to ensure that our borders have the appropriate
resources and looks forward to advancing this bipartisan
legislation.
Sincerely,
Neil L. Bradley.
[[Page H4680]]
____
U.S. Department of
Homeland Security,
Washington, DC, June 2, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Chairman McCaul: On behalf of the Department of
Homeland Security (DHS), I am writing to offer support for
the ``Anti-Border Corruption Reauthorization Act of 2017,''
which was ordered reported as S. 595 by the Senate Homeland
Security and Governmental Affairs Committee on May 17, 2017,
and reported as H.R. 2213 by the House Homeland Security
Committee on May 16, 2017. DHS supports the goal of
increasing border security through balanced investments in
infrastructure, technology, and personnel.
CBP has worked aggressively during the past two years to
implement its multifaceted recruitment strategy and execute
large-scale improvements to its frontline hiring process.
While these efforts have led to considerable progress in many
areas, CBP is examining every aspect of its pre-employment
hiring process to identify areas in which additional
improvements can be made. CBP's challenges in recruitment
are, to a great extent, contingent on our rigorous hiring
process, which is designed to ensure only those individuals
who meet the qualifications of CBP's frontline positions and
have the highest degree of integrity are recruited to serve
as agents and officers safeguarding our borders and ports of
entry. While many modifications to streamline the pre-
employment hiring process are being considered, CBP will not
lower its high standards for any of its frontline personnel.
DHS supports amendments to the Anti-Border Corruption Act
of 2010 (Pub. L. No. 111-376), which fosters integrity in the
workplace by requiring that all CBP applicants for law
enforcement positions receive a polygraph examination before
being offered employment. The amendments proposed by S. 595
and H.R. 2213 would enable CBP to develop a risk-based
approach to extend polygraph waiver eligibility to an
applicant who falls under one of three categories and
satisfies specific criteria including but not limited to:
1. A Current State or Local Law Enforcement Officer with a
successfully completed polygraph examination with the
applicant's law enforcement agency, at least three
consecutive years employed as a fully authorized law
enforcement officer, and no history of criminal activity or
serious misconduct;
2. A Current Federal Law Enforcement Officer with at least
three consecutive years employed as a fully authorized
federal law enforcement officer, a current/in-scope Tier 4
Background Investigation or a Tier 5 Single Scope Background
Investigation, and no history of criminal activity or serious
misconduct; or
3. A Transitioning Military Service Member, Veteran, or
Member of the Reserves or National Guard who has at least
four years of service in the military, no history of criminal
activity or serious misconduct, and who holds or has held
(within the past five years) a Secret, Top Secret, or Top
Secret/Sensitive Compartmented Information clearance and was
not granted any waivers to obtain that clearance.
DHS values the demonstrated commitment and trustworthiness
that these applicants bring to the mission, and the quality
of vetting already performed at the state, local and Federal
levels for these individuals in sensitive positions. Waivers
will not be granted lightly as each criterion will be
carefully vetted and reviewed to ensure verification.
DHS believes the flexibility to waive the polygraph for
individuals in these limited populations would potentially
expedite their onboarding and allow CBP to direct more
resources toward the processing of other groups of
applicants, preventing potential bottlenecks in the hiring
pipeline. Additionally, the bills would retain the
requirement for these specific applicants, like all CBP law
enforcement applicants, to undergo a Tier 5 background
investigation. Should derogatory information be detected
during an applicant's background investigation, CBP may then
choose to administer a polygraph examination.
DHS believes this approach enables CBP to weigh pre-
employment risks and implement mitigation measures in order
to improve its hiring capacity without lowering standards. By
affording CBP the flexibility to waive the polygraph
examination for eligible individuals in one of these
categories, DHS believes CBP will be able to boost applicant
numbers and the number of persons entering the academy to
begin training. Additionally, retaining the requirement for
all law enforcement applicants to undergo a Tier 5 background
investigation (the highest level), coupled with random drug
testing, periodic reinvestigation, and the continuous
evaluation of employees for criminal conduct, will assist in
mitigating any potential risk.
The Office of Management and Budget advises that, from the
standpoint of the Administration's program, there is no
objection to the presentation of this letter to Congress.
I appreciate your support of DHS, and I look forward to
working with you on this polygraph waiver legislation and
future homeland security issues. I have sent identical
letters of support to the Ranking Member of the Senate
Homeland Security and Governmental Affairs Committee, the
Chair and Ranking Members of the House Committee on Homeland
Security and its Border and Maritime Security Subcommittee,
whose Chairwoman introduced H.R. 2213, and Senator Flake who
introduced S. 595.
Respectfully,
Benjamin Cassidy,
Assistant Secretary for Legislative Affairs.
Ms. McSALLY. Let me close with just this example.
I served in the Air Force for 26 years. In that time, I held a Top
Secret/SCI clearance with access to compartmentalized programs as well,
some of the most sensitive information that our government possesses. I
was entrusted to fly a $12 million aircraft, command a squadron, run
counterterrorism operations and combat search and rescue operations,
retiring as a colonel, yet I have never taken a polygraph exam like the
one required if I wanted to be a Border Patrol line agent after I
retired, but I was subjected to periodic, very detailed background
checks, background investigations, now called a tier 5 investigation,
which is one that every single one of these agents and officers will
also have to go through. It is a very invasive and thorough
investigation. They talk to your neighbors, your coworkers, look in
your financial records, your employers, you name it, to make sure that
you are qualified.
So this example is a mismatch of public trust and it doesn't make any
sense, and we need to give the CBP Commissioner discretion on a narrow
case-by-case basis to fully vet applicants in the way that makes the
most sense to fill these positions while preventing corruption.
I would like to thank Chairman McCaul and Ranking Member Thompson,
and especially my ranking member, Mr. Vela, for his support and work
with us on this important bill.
Mr. VELA. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from
California (Ms. Lofgren).
Ms. LOFGREN. 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,
however, question the wisdom of this approach.
I think it is worth noting that, currently, two-thirds of the
applicants for CBP fail the polygraph test; and that is important not
as a barrier, but because that polygraph test reveals misconduct that
makes them ineligible.
Now, the current Department of Homeland Security inspector general,
John Roth, has expressed strong reservations about polygraph changes,
the waivers, and, specifically, about these bills. He indicates that we
need to identify other ways to make hiring more efficient ``without
sacrificing integrity and effectiveness.'' And, in fact, the DHS OIG is
currently auditing the CBP polygraph program, as is the GAO.
If you take a look at the bill, it allows for exemptions of the
polygraph to certain categories of people, one of which is law
enforcement officers who have undergone a polygraph examination as a
condition of employment within the past 10 years. Well, you know, there
was actually a Freedom of Information request on who flunked the
polygraph tests in the CBP, and what has come out is that people who
fall into this exemption admitted conduct that would make them
ineligible, including child pornography, smuggling of drugs, theft.
It is fine to say that this would only be used when you knew that
there wasn't a problem. The problem with that argument is sometimes you
don't find out what the problem is until you subject the applicant to a
polygraph or they know that they are about to be subjected to a
polygraph, in which case, they own up.
So the Border Patrol is to be honored; they do a great job for us.
But we know that the Sinaloa drug cartel is trying to recruit
applicants. The last thing we need is for them to succeed, for our sake
as well as for our brave men and women in the Border Patrol.
Mr. McCAUL. Mr. Speaker, I yield 5 minutes to the gentleman from
Louisiana (Mr. Higgins).
Mr. HIGGINS of Louisiana. 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 woefully undermanned. This bill addresses this serious
issue. In order to stand strong against jihadist terror and cartel
organized crime, we
[[Page H4681]]
must have an adequate number of boots on the ground.
Mr. Speaker, I served my community for many, many years as a street
cop. I know exactly what it is to work patrol under dangerous,
exhausting conditions. My Border Patrol brothers and sisters of the
thin blue line are stretched too thin.
Hear my words: These are high caliber law enforcement professionals,
but they are well below the staffing levels mandated by Congress.
This bill is not about lowering standards, as some critics claim. To
the contrary, this bill allows for a commonsense approach to hire
experienced, highly qualified patriots to fill the ranks of our front
lines. This bill allows reasonable degrees of discretion that
streamline the vetting and hiring process at Customs and Border Patrol.
I would like to thank Chairwoman McSally for introducing this bill,
and I urge my colleagues to support the law enforcement community and
vote in favor of this important legislation.
Mr. VELA. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from
New Mexico (Ms. Michelle Lujan Grisham).
Ms. MICHELLE LUJAN GRISHAM of New Mexico. 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 national security protections at the
border, but we want to make sure that we are maximizing those
opportunities and recognize that there has been an issue of being able
to address the shortage of officers. But to address a workforce
shortage by minimizing the very requirements that not only preserve our
national security and protect the men and women at our border, I would
agree, is not the way that we should be proceeding.
Mr. Speaker, in fact, I rise in opposition to the Anti-Border
Corruption Reauthorization Act. As a Member from a border State that
heavily trades with Mexico, I certainly understand the value of having
sufficient customs officials manning our ports of entry and agents
protecting our border; but eliminating the critical polygraph
requirements for certain CBP applicants only undermines our Nation's
safety, given this agency's historic connection to organized crime,
drug cartels, and corruption.
The DHS inspector general has warned that weakening CBP polygraph
requirements would make our southern border more vulnerable and that we
should, instead, identify ways to make hiring more efficient without
sacrificing integrity and effectiveness.
Mr. Speaker, in fact, I live in a community that the FBI has now
identified as one of the most dangerous cities in the country,
Albuquerque, New Mexico, primarily because of the drug cartel. The drug
trade in our city and in our State is significant, so we understand
having sufficient officers.
While I strongly oppose this bill, I am committed to working with my
colleagues and CBP to identify solutions that won't jeopardize national
security.
Mr. McCAUL. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Arrington).
Mr. ARRINGTON. 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 is the Federal Government's responsibility to provide for the
common defense and secure our freedom.
There is no freedom without security. These concepts, these pillars
upon which this great Nation was founded, must be proactively protected
every day by men and women across this Nation. A select few of those
men and women wake up every morning to patrol and protect our sovereign
Nation's border in the face of drug smuggling, human trafficking, and
violent criminal activity.
{time} 1530
They work to safeguard our Nation, enforce the rule of law, and
promote free trade and commerce through our ports of entry. Yet the
previous administration's policy left our Border Patrol and Customs
operations hamstrung and significantly understaffed.
As someone who represents a border State, I have seen and experienced
those vulnerabilities firsthand.
To say that our Border Patrol and Customs operations are woefully
understaffed is woefully understated. We are almost 3,000 officers and
agents short of the minimum that is mandated by Congress. One reason
for this understaffing is the unreasonable and protracted hiring
processes.
In 2015, it took more than 460 days, on average, and 11 separate
steps to hire a new officer or agent. This is absolutely absurd, even
by government standards, and it must be fixed. That is why today I am
proud to cosponsor H.R. 2213. This legislation provides a more
commonsense and expeditious process for hiring border personnel.
We also need enough Customs officers to foster efficient trade for a
robust economy. A recent study found that every batch of 33 CBP
officers hired could lead to an increase in GDP of $60 million and an
employment gain of over 1,000 jobs. For too long, the Federal
Government has abdicated its chief responsibility of securing our
borders and protecting our citizens. We must put the safety and
security of the American people first and give our Border Patrol and
the CBP the staff they need to do their job.
Mr. Speaker, therefore, I urge my colleagues to support H.R. 2213,
and I applaud Chairman McCaul, Ranking Member Vela, and Representative
McSally for their leadership on this critical issue.
Mr. VELA. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Gonzalez).
Mr. GONZALEZ of Texas. 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 Border Patrol for many years.
H.R. 2213 would add the option to waive the polygraph test for a
select few individuals who have already successfully taken and passed a
similar polygraph test in the past. These individuals are veterans,
members of our Armed Forces, or law enforcement officers with clean
records and years of honorable service.
A veteran with secret clearance and an honorable discharge, 3 years
of service, and a tier 5 background check is someone I would hold in
high regard and exempt from an unnecessary polygraph.
I would not be in favor of this bill if it was exempting a polygraph
test to the general public. This is a special group--our veterans and
our law enforcement.
This legislation would not change the United States Customs and
Border Patrol requirements for background checks or interviews. Customs
and Border Patrol would still have their candidates undergo the regular
battery of tests and checks. Customs and Border Patrol would still ask
a candidate who waived the polygraph under these proposed changes to
take the examination. This bill will not lower the standards for entry.
Rather, the flexibility it provides would prevent potential bottlenecks
in the hiring pipelines and eliminate redundancy.
Mr. Speaker, I would like to appease the concerns of several of my
colleagues and say that this is not about building up a deportation
force. Mr. Speaker, I would like to reaffirm that this legislation
exclusively applies to Customs and Border Patrol, and it will not
change the hiring procedures for Immigration and Customs Enforcement.
This bill is about ensuring the agency hires only the best and the most
honorable candidates. This bill is about providing employment and
advancement opportunities for our servicemembers and law enforcement
and creating job opportunities for those living in our border
communities and border States.
Mr. Speaker, I also live in a border community, and I support this
bill.
Mr. McCAUL. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Carter), the chairman of the Homeland Security
Appropriations Subcommittee.
Mr. CARTER of Texas. 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 fact, I would argue almost everything under my jurisdiction in
Homeland Security, is as slow as molasses in the wintertime. It just
doesn't move.
[[Page H4682]]
Meanwhile, we have got skilled law enforcement people applying,
skilled former veterans with high clearances who are applying for these
jobs and being stumbled by the lack of polygraph operators available to
do it.
This is a choice and a right choice of setting a priority for those
people who have served, proving their worth, and are asking to be part
of the defense of our national borders. I support this wholeheartedly.
I support Chairwoman McSally's concept here. It is great. It starts a
new way of doing things. We need more than anything else in the Federal
Government--if a new way of doing things is the right way, we ought to
be doing it. Nobody is going to keep from checking on people. You can
still make them take a polygraph if you run across something you don't
like. But it is a good idea whose time has come. Let's be modern
Americans and have new ideas and make those new ideas work.
I commend everyone here in support of this. I am proud to be a
cosponsor of this bill, and I think, for a change, government is making
a good start at new ideas.
Mr. VELA. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Gutierrez).
Mr. GUTIERREZ. 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
fantasy of a mass deportation force. You cannot spin it any other way.
If we want to lower the standards for screening and hiring CBP
officers, eliminate checks that could help weed out candidates with
criminal histories or criminal intentions, and water down the integrity
of this important national security source, this bill is for you.
But if you care about border security and the integrity of the
officers, you should join me in voting against the bill.
To me and a lot of other people watching this debate, this is about
something else. Remember that man descending the golden escalators at
Trump Tower announcing his campaign for President by saying Mexicans
who come to the U.S. are rapists, drug dealers, and murderers? Remember
him? Do you want to buy into his vision of immigrants as a brown horde
intent on doing America harm?
If you are onboard with this, you are also onboard with building a
wall; onboard with billions to be spent on deporting moms and dads who
have lived here for decades; going after DREAMers as the Trump
administration is doing today, deporting DREAMers from the United
States of America. Where do you want to draw the line on the Trump
deportation agenda? I say draw the line right here, right now, and
don't give another inch. There are many ways to secure the Nation, but
watering down the hiring standards of our men and women in uniform
should not be one of them. Let's secure the border. Let's have them
have the same test at the border that you have a DEA agent, FBI agent,
Secret Service agent. What are we going to do? Not have them take
polygraph tests? That is going to make America safe. I doubt it.
Mr. McCAUL. Mr. Speaker, I reserve the balance of my time.
Mr. VELA. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Cuellar).
Mr. CUELLAR. 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 3,000 individuals for the
uniform components, that is the U.S. Border Patrol, Office of Field
Operations, Air and Marine Operations, which jeopardizes our national
and our economic security.
This legislation does not cover ICE. CBP, Border Patrol, and Air and
Marine. Nobody else. This has nothing to do with deportation.
Long before President Trump became a candidate for the office,
Congress authorized CBP to hire an additional 2,000 officers. That was
about 4 years ago. Chairman Carter, Michael McCaul, we authorized 2,000
officers. Up to now, Mr. Speaker, we have not been able to hire those
2,000 officers because of the polygraph exam.
In fact, 65 percent of those individuals who applied for CBP are
rejected, which is twice the amount that you have for other Federal
officers, FBI, DEA, when they take their polygraph. I am talking about
polygraph exams.
Again, this does not cover ICE. What this bill actually does, it will
strengthen CBP's efforts to secure our border by filling those
positions. I represent Laredo, the largest inland port, 14,000 traders
a day. They have been delayed because we don't have enough CBP
officers, and we need to get them.
What this bill does, it does not lower the standards. I emphasize, it
does not lower the standards. It streamlines the background
investigation for a limited number of veterans, military officers, law
enforcement. If you are a local law enforcement and you take a
polygraph exam, then you can ask for this waiver. Or if you are a
servicemember or a veteran with the highest background investigation,
you can get a waiver. Or if you are current Federal law enforcement
with the highest background exam, you can get a waiver. But, again, if
somebody finds out those vetted individuals still need to take a
polygraph, then you would take it.
Finally, the last thing to conclude is, Members, this is not the
first time we have gotten a waiver.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. VELA. I yield the gentleman an additional 30 seconds.
Mr. CUELLAR. If you look at the National Defense Authorization
polygraph waiver language, CBP has already gotten requests for waivers.
In fact, it has already been done. This is not the first time that we
are doing this. It is already the law. It doesn't bring down the
standards. It allows us to have more men and women at the border, and
this is why I ask you to support this legislation.
Mr. McCAUL. Mr. Speaker, I have no additional speakers, and I reserve
the balance of my time to close.
Mr. VELA. Mr. Speaker, I have no further speakers, and I yield myself
the balance of my time.
Mr. Speaker, H.R. 2213, the Anti-Border Corruption Reauthorization
Act of 2017, aims to bring some relief to the tremendous staffing
shortages at our ports of entry by providing CBP with limited authority
to waive its polygraph requirement on a case-by-case basis for certain
veterans and State and local law enforcement officers in its hiring
process.
H.R. 2213 is endorsed by the NTEU, the union that represents
frontline CBP officers.
Mr. Speaker, I urge my colleagues to support the bill, and I yield
back the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, in concluding this debate, it is important to note this
bill is a bipartisan effort, passing unanimously out of my committee.
It is supported by Ranking Member Thompson, Congressman Vela, and we
thank you for that, and others. Again, it passed out unanimously.
I was pleased to see also a Dear Colleague letter sent by my
Democratic counterparts on the Homeland Security Committee urging the
passage of this bill. This only further underscores the bipartisan
nature of this effort.
It is also supported, Mr. Speaker, by the U.S. Chamber of Commerce,
the Border Trade Alliance, the CBP officers' union, and the Fraternal
Order of Police, among others.
The issue is very clear. Not passing this bill will continue to keep
American families at risk from dangers of human traffickers, drug
smugglers, and international terrorists. Right now, we simply don't
have an adequate number of Border Patrol agents and CBP officers to
safeguard our Nation's border. We need to fix that. That is what this
legislation does. It will allow us to bolster our forces with talented
law enforcement officials and military personnel who have been
previously vetted and have already demonstrated their commitment and
patriotism to their fellow Americans.
{time} 1545
As I have stated before, while new infrastructure and technology will
be important in protecting this Nation, the brave men and women who
confront threats to our homeland are our greatest assets.
Once again, I thank Congresswoman McSally, Ranking Members Vela and
[[Page H4683]]
Thompson, and all those who supported this bill. It will help
strengthen our borders.
Mr. Speaker, I yield back the balance of my time.
Mr. DeFAZIO. 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 the hiring of Customs and
Border Patrol (CBP) agents in order to ensure our national security, it
would actually water down hiring practices and allow potential
vulnerabilities in the country's largest law enforcement agency. H.R.
2213 would allow certain CBP applicants to bypass polygraph testing.
In 2010 Congress passed the Anti-Border Corruption Act, which
mandated CBP applicants pass a polygraph test as part of their hiring
process. This bill was an essential step after an influx of corruption
cases were revealed within the agency--ranging from drug trafficking to
accepting bribes. Decreasing hiring standards as proposed by H.R. 2213
would do exactly what the Anti-Border Corruption Act of 2010 fixed.
Instead of finding common-sense ways to expedite the hiring process
without compromising the integrity of the agency, H.R. 2213
irresponsibly cuts corners in an attempt to keep President Trump's
campaign promises of quickly increasing border patrol agents.
I am absolutely committed to regaining control of our country's
borders and have continually fought to restrict individuals who would
do our citizens harm--both through terrorist attacks or drug
smuggling--from entering the United States. This ill-conceived
legislation does nothing to ensure increased border security.
The SPEAKER pro tempore. All time for debate has expired.
Amendment No. 1 Offered by Ms. Michelle Lujan Grisham of New Mexico
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, I have an
amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 9, after line 4, insert the following:
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take
effect on the later of the following dates:
(1) The date on which all of the following have been
completed:
(A) The Commissioner of U.S. Customs and Border Protection
has conducted an evaluation and pilot program of the Test for
Espionage, Sabotage, and Corruption (TES-C).
(B) The Inspector General of the Department of Homeland
Security has certified such evaluation and pilot program.
(C) The Commissioner submits to Congress a report on such
evaluation and pilot program.
(2) The date on which the Inspector General of the
Department of Homeland Security completes a risk assessment
of the population of individuals who could receive waivers
under section 3(b) of the Anti-Border Corruption Act of 2010,
as amended by this Act, and submits to Congress certification
that providing waivers to such individuals would not endanger
national security, undermine workforce integrity, or increase
corruption.
The SPEAKER pro tempore. Pursuant to House Resolution 374, the
gentlewoman from New Mexico (Ms. Michelle Lujan Grisham) and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, this is, in
fact, a national security issue. No other Federal law enforcement
agency in the country--not the FBI, DEA, ATF, or Secret Service--makes
any exceptions to their polygraph exam.
I understand that the CBP has a staffing shortage, but watering down
vetting standards is dangerous and could lead to more corruption at the
largest law enforcement agency in the country. In fact, 2,170 CBP
personnel were arrested for sexual assault, excessive force, conspiring
with international drug trafficking organizations, and other offenses
between 2005 and 2012.
In response, Congress enacted legislation to require every applicant
to undergo a polygraph exam--no exceptions. DHS' own Integrity Advisory
Panel and the GAO have both recommended that the current polygraph
testing be expanded, not reduced, given the higher rates of corruption
at CBP than any other Federal law enforcement agency.
This bill takes us backward, and some current and former DHS
officials have expressed concerns that the bill could expose the agency
to corrupt individuals who could undermine the integrity of the
workforce.
DHS Inspector General John Roth warned that the proposed legislation
``could put CBP at significant risk and that while it may sound
reasonable to say you could waive requirements from former military
personnel because they have passed a polygraph, Border Patrol agents
work in a different environment that is not as controlled as the
military.''
Former CBP head of Internal Affairs has stated that ``very few
members of the military take polygraphs or have comprehensive
background checks, and the quality of State or local law enforcement
polygraphs varies widely.''
My amendment would delay the implementation of the bill until, one,
CBP completes its ongoing pilot program of an alternative polygraph
test that may help speed up hiring while maintaining vetting standards;
and, two, the DHS inspector general determines that the bill would not
endanger our national security, undermine workforce integrity, or, in
fact, increase corruption.
I recognize that CBP is managing hiring and staffing issues. Passing
this bill without knowing its potential risks or consequences is not
only shortsighted, but I think it is irresponsible. We shouldn't
blindly experiment with our Nation's security given that drugs,
weapons, and human trafficking, as well as terrorism, are all threats
we are facing at the border.
I urge my colleagues to join me in voting ``yes'' for my amendment to
help safeguard national security and protect the integrity of the CBP
and its officers.
Mr. Speaker, I yield 1 minute to the gentleman from Illinois (Mr.
Schneider), my friend and colleague.
Mr. SCHNEIDER. Mr. Speaker, I thank the gentlewoman from New Mexico
for yielding. I appreciate her leadership on this issue, and, as a
cosponsor, I rise in strong support of this amendment.
Our Customs and Border Patrol officers face a difficult mission in an
extremely challenging environment. Polygraph testing is an important
tool to ensure those charged with patrolling our border are not
corruptible by drug traffickers or other criminal elements.
I am sympathetic to the hiring and staffing challenges facing this
agency, but we cannot cut corners or jeopardize the security of our
border.
This amendment delays the implementation of this legislation until
CBP can complete its ongoing test of an alternative, more efficient
polygraph test.
This amendment also requires DHS determine these changes in the
underlying bill to our polygraph procedures do not endanger our
national security.
I urge my colleagues to join me in supporting this amendment to
ensure we do not create unnecessary risks to the security of our
border.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, I yield 1
minute to the gentlewoman from California (Ms. Lofgren), my colleague.
Ms. LOFGREN. Mr. Speaker, I think this is a good solution to the
dilemma that faces us. We do have a hiring deficit in the Border
Patrol, but we cannot give up on the need to fully vet these people.
The independent inspector said that the polygraphs had stopped dozens
of applicants who have admitted to participation in human trafficking,
defrauding the government, and have links with cartels intent to
infiltrate CBP.
There has been, actually, a release from the Freedom of Information
Act of people who would be eligible for the exemption who admitted,
under the polygraph, to sexual assault, to child pornography, to taking
classified information from Afghanistan, to taking classified
information from Iraq, a sheriff's employee who engaged in theft, and a
police officer who was a smuggler. The Border Patrol cannot afford
this.
I think the gentlewoman's amendment actually preserves what we want,
and I would highly recommend that we approve it.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, I yield back
the balance of my time.
Mr. McCAUL. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
[[Page H4684]]
Mr. McCAUL. Mr. Speaker, I rise in opposition to the Lujan Grisham
amendment.
Let me say, first, that the Secretary of Homeland Security testified
before my committee this morning, a decorated four-star general serving
in Iraq and Afghanistan. He is the head of SOUTHCOM. This man knows the
border. Secretary Kelly supports this legislation.
I find it a bit offensive that decorated veterans who have already
received clearances somehow would present a threat to the security of
the United States, so I reject that argument.
This amendment strikes me as an unnecessary and harmful delay tactic
that would prevent CBP from implementing the much-needed flexibility
provided for in the underlying bill.
If the delays called for in this amendment were put in place, CBP
would have to sit and wait until certain unnecessary obstacles were
overcome, some of which are completely out of their control. All the
while, they would continue to hemorrhage officers and agents,
threatening the Nation's border security and the flow of commerce in
and out of the country. This could put our national security at risk
and would be, further, detrimental to the flow of legitimate trade and
travel.
CBP has missed hiring targets for Border Patrol agents for 4 years
and CBP officers for almost 18 months. We need additional officers and
agents now, simply to meet the congressionally mandated CBP staffing
levels that have been put in place for a year. We cannot wait for more
reports and evaluations.
Sadly, this amendment looks to me like an attempt by opponents of the
bill to prevent the important provisions of this bill from going into
effect in a timely manner, thus preventing the hiring of already
trusted and vetted individuals who have served their Nation and the
military with honor and distinction.
It is also important to underscore two points here: one, that all
applicants will continue to be fully vetted, including a rigorous tier
5 background investigation, which is equivalent to the investigation
performed for all servicemembers who hold a top secret clearance; and
second, the authority granted under this bill is discretionary. If the
CBP Commissioner wishes to require a polygraph examination for any
applicant for any reason, he can and should still do so.
Mr. Speaker, we cannot afford to wait any longer. As the Speaker
knows, who is briefed on the threats, as do I, in a classified setting,
the threats are real. This Nation is at risk, and we cannot afford to
wait.
So, for these reasons, I oppose the amendment, and I urge my
colleagues to reject it.
Let me just close, again, by saying I oppose the amendment. The men
and women wearing the uniform on the front lines of our ports and
borders need relief now, and any delay tactics should be rejected.
Therefore, I urge opposition, and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to the rule, the previous question
is ordered on the bill, as amended, and on the amendment offered by the
gentlewoman from New Mexico (Ms. Michelle Lujan Grisham).
The question is on the amendment offered by the gentlewoman from New
Mexico (Ms. Michelle Lujan Grisham).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, and the
order of the House of today, further proceedings on this question will
be postponed.
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