[Senate Report 116-99]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 202
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {       116-99
_______________________________________________________________________

                                     


                        ANTI-BORDER CORRUPTION 
                            IMPROVEMENT ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 731

           TO AMEND THE ANTI-BORDER CORRUPTION ACT OF 2010 TO
  AUTHORIZE CERTAIN POLYGRAPH WAIVER AUTHORITY, AND FOR OTHER PURPOSES





[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]






               September 10, 2019.--Ordered to be printed

                               __________


                    U.S. GOVERNMENT PUBLISHING OFFICE

89-010                  WASHINGTON : 2019                 























        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
 Michelle D. Woods, Co-Director and Chief Policy Advisor for Homeland 
                                Security
              Brian P. Kennedy, Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
         Samuel Rodarte Jr., Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk

















                                                      Calendar No. 202
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {       116-99

======================================================================



 
                 ANTI-BORDER CORRUPTION IMPROVEMENT ACT

                                _______
                                

               September 10, 2019.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 731]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 731) 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
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis......................................5
  V. Evaluation of Regulatory Impact..................................6
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. Purpose and Summary

    The purpose of S. 731, the Anti-Border Corruption 
Improvement Act, is to ensure the U.S. Customs and Border 
Protection (CBP) is able to exercise limited flexibilities in 
its hiring process to offset staff shortages amongst its cadre 
of law enforcement officer positions. S. 731 expands the CBP 
Commissioner's authority to waive the polygraph examination 
requirements for three categories of individuals seeking to 
hold law enforcement positions with CBP. Specifically, this 
bill allows CBP to waive the polygraph examination requirement 
for current law enforcement officers, who meet certain 
requirements and are employed full-time by Federal, state and 
local law enforcement agencies, and active members or veterans 
of the Armed Forces. The CBP Commissioner may use the polygraph 
examination to resolve any questions or concerns that arise as 
part of the background investigation for an applicant eligible 
for or current employee receiving a waiver to determine whether 
the individual meets the suitably requirements for employment 
with CBP. CBP is required to provide a report to Congress on 
the use of this polygraph waiver within one year after the 
bill's enactment. The authorities provided in this bill will 
sunset five years after enactment.\1\
---------------------------------------------------------------------------
    \1\On July 24, 2017, the Committee approved S. 595, Ant-Border 
Corruption Reauthorization Act. That bill is similar to S. 731. 
Accordingly, this committee report is in part a reproduction of 
Chairman Johnson's committee report for S. 595, S. Rep. No. 115-133.
---------------------------------------------------------------------------

              II. Background and the Need for Legislation

    With responsibilities that include facilitating legitimate 
trade and travel to securing our nation's borders, CBP is one 
of the nation's largest and most important law enforcement 
organizations.\2\ CBP's workforce includes more than 60,000 law 
enforcement officers and mission support staff.\3\ Every day, 
the women and men of CBP screen over one million international 
travelers, interdict thousands of counterfeit goods, arrest 
thousands of immigration law violators, seize thousands of 
pounds of illegal drugs, prevent agricultural pests from 
damaging U.S. crops, disrupt terrorist and criminal travel, and 
provide emergency services at and between ports of entry.\4\
---------------------------------------------------------------------------
    \2\About CBP, https://www.cbp.gov/about (last visited July 30, 
2019).
    \3\Id.
    \4\U.S. Customs & Border Protection, Performance and Accountability 
Report Fiscal Year 2016 8 (2016), https://www.cbp.gov/sites/default/
files/assets/documents/2017-Mar/FY-2016-CBP-PAR-508C.pdf.
---------------------------------------------------------------------------
    CBP is struggling to fill thousands of law enforcement 
vacancies. As of July 2019, CBP is approximately 4,500 below 
its congressionally-approved staffing numbers and requirements 
in its workforce staffing models across its law enforcement 
components, including Air and Marine Operations, Border Patrol, 
and Office of Field Operations (OFO).\5\ These staffing 
shortages have adverse effects on CBP's ability to efficiently 
and effectively carry out its mission, and contribute to low 
workforce morale. At a March 2017 hearing before the Committee, 
OFO and Border Patrol union representatives testified about the 
impacts of staffing shortages on the components' workforce 
morale and ability to fulfill key responsibilities.\6\ Anthony 
M. Reardon, National Treasury Employees Union President, 
asserted that OFO officers are required to frequently work 
overtime and are routinely sent on involuntary Temporary Duty 
(TDY) assignments.\7\ This practice has lowered the morale of 
officers as they are away from their families for long periods 
of time.\8\
---------------------------------------------------------------------------
    \5\Email from Dep't of Homeland Sec. to Comm. Staff (July 23, 2019) 
(on file with Committee staff).
    \6\Perspectives from the DHS Frontline: Evaluating Staffing 
Resources and Requirements: Hearing on S. 595 Before the S. Comm. on 
Homeland Sec. & Governmental Affairs, 115th Cong. (2017) (statement of 
Anthony M. Reardon, National President, National Treasury Employees 
Union).
    \7\Id.
    \8\Id.
---------------------------------------------------------------------------
    Recent surges in apprehensions on the southern border and 
increases in traveler volume have also placed strain on CBP. In 
January 2017, the Trump Administration issued Executive Order 
13767 entitled, Border Security and Immigration Enforcement 
Improvements (hereinafter Executive Order 13767), to address, 
among other things, the surge in illegal immigration and ensure 
the Border Patrol has the ability to respond with operational 
efficiency to the changing nature of threats.\9\ Specifically, 
Executive Order 13767 directs the Commissioner of CBP to ``take 
all appropriate actions to hire 5,000 additional [Border Patrol 
Agents], and to ensure that such agents enter duty and are 
assigned to duty stations as soon as practicable.''\10\ 
However, due in part to its polygraph examination process, CBP, 
and most notably the Border Patrol, faces challenges hiring law 
enforcement personnel.
---------------------------------------------------------------------------
    \9\Exec. Order. No. 13768, 82 FR 8799 (2017).
    \10\U.S. Customs and Border Protection, Dep't of Homeland Sec., 
Budget Overview 24 (2019), https://www.dhs.gov/sites/default/files/
publications/U.S.%20Customs%20and%20Border%20
Protection.pdf.
---------------------------------------------------------------------------
    According to the former CBP Commissioner, Gil Kerlikowske, 
the administration of the polygraph requirement mandated by 
Congress in 2010 to mitigate corruption and abuse allegations 
has impacted CBP's ability to hire new officers for all three 
of its components.\11\ In July 2017, the Department of Homeland 
Security's Office of Inspector General (DHS OIG) found that 
CBP's hiring requirements, including the polygraph examination, 
``make recruitment and hiring inherently challenging and 
complicated,''\12\ though these requirements are ``important to 
securing well-qualified individuals.''\13\ Additionally, the 
DHS OIG suggested that CBP collaborate with the Department of 
Defense to ``expedite the hiring of veterans by waiving the 
pre-employment polygraph examination for those who left 
military services with security clearances in good standing'' 
in order to meet the hiring goals outlined in Executive Order 
13767.\14\
---------------------------------------------------------------------------
    \11\Associated Press, Two out of three Border Patrol job applicants 
fail polygraph test, making hiring difficult, Los Angeles Times (Jan. 
13, 2017), http://www.latimes.com/local/lanow/la-me-border-patrol-lies-
20170113-story.html.
    \12\Office of Inspector Gen., U.S. Dep't of Homeland Sec., OIG-17-
98-SR, Special Report: Challenges Facing DHS in Its Attempt to Hire 
15,000 Border Patrol Agents and Immigration Officers 13 (2017), https:/
/www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-98-SR-
Jul17.pdf.
    \13\Id.
    \14\Id.
---------------------------------------------------------------------------
    Approximately 65 percent of all applicants fail the CBP 
polygraph examination.\15\ During a February 2017 hearing 
before the Committee, then Acting Commissioner of CBP, Kevin 
McAleenan, described the agency's polygraph examination as 
``both a significant deterrent and point of failure for CBP law 
enforcement applicants.''\16\ In comparison, a former CBP 
internal affairs official stated that the Federal Bureau of 
Investigation and U.S. Secret Service have had polygraph 
failure rates of less than 35 percent.\17\ Additionally, data 
provided to the Associated Press shows that the Drug 
Enforcement Administration had a failure rate of 36 percent for 
two consecutive years beginning in 2015.\18\ According to the 
American Polygraph Association, failure rates of roughly 30 
percent are normal for law enforcement hiring.\19\
---------------------------------------------------------------------------
    \15\Perspectives from the DHS Frontline: Evaluating Staffing 
Resources and Requirements, supra note 5, at 19.
    \16\Memorandum from Kevin K. McAleenan, Acting Commissioner, U.S. 
Customs and Border Protection, to Deputy Sec'y of U.S. Customs and 
Border Patrol (Feb. 17, 2017), https://www.aila.org/infonet/cbp-memo-
executive-order-hiring-surge-plan.
    \17\Associated Press, Two out of three Border Patrol job applicants 
fail polygraph test, making hiring difficult, L.A. Times (Jan. 13, 
2017), https://www.latimes.com/local/lanow/la-me-border-patrol-lies-
20170113-story.html.
    \18\Id.
    \19\Id.
---------------------------------------------------------------------------
    Commenting on the agency's challenges with the 
administration of its polygraph examination, former CBP 
Commissioner Kerlikowske said, ``the failure rate is too high, 
but that is largely because the agency has not attracted the 
applicants it wants. . . .''\20\ During a hearing before the 
Subcommittee on Border and Maritime Security, House Committee 
on Homeland Security, then-Chairwoman Martha McSally commented 
on the need to take legislative action to resolve some of CBP's 
hiring challenges by waiving polygraph requirements 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 security clearance and 
passed a background check:\21\
---------------------------------------------------------------------------
    \20\Id.
    \21\On the Line: Border Security from an Agent and Officer 
Perspective: Hearing before the Subcomm. on Border and Maritime Sec. of 
the H. Comm. on Homeland Sec., 115th Cong. 3-4 (2018) (statement of 
Rep. Martha McSally, Chairwoman, H. Comm. on Homeland Sec.).
---------------------------------------------------------------------------
          These small changes will provide CBP with immediate 
        relief so that they are able to quickly, yet 
        judiciously, hire officers and agents from a pool of 
        qualified applicants that already maintain the public's 
        trust and put their lives on the line for our security 
        and safety on a daily basis.\22\
---------------------------------------------------------------------------
    \22\Id. at 4.
---------------------------------------------------------------------------
    S. 731 amends the Anti-Border Corruption Act of 2010 and 
authorizes the expansion of authority of the CBP Commissioner 
to waive the polygraph requirement for applicants that are 
current law enforcement officers. The bill outlines guidelines 
for the execution of waivers for law enforcement officers if 
they have three years of continuous service, are in good 
standing, and completed a background investigation at the level 
required to be a CBP officer. For active military or veterans, 
they must have served for three years, hold or have held a 
clearance, and undergone a background investigation to the 
level required to be a CBP officer.

                        III. Legislative History

    Senator McSally (R-AZ) introduced S. 731, the Anti-Border 
Corruption Improvement Act, on March 7, 2019. The bill was 
referred to the Committee on Homeland Security and Governmental 
Affairs. Senator Braun (R-IN) joined as a cosponsor on March 
13, 2019.
    The Committee considered S. 731 at a business meeting on 
June 19, 2019. During the business meeting, Chairman Ron 
Johnson filed an amendment to clarify the necessary 
qualifications of a member or veteran of the Armed Forces who 
seeks a polygraph examination waiver. Chairman Johnson's 
amendment was adopted by voice vote with Senators Johnson, 
Portman, Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters, 
Hassan, Sinema, and Rosen present.
    Senator Maggie Hassan offered an amendment to only allow 
waivers for those members of the Armed Forces, veterans, or 
Federal law enforcement applicants who hold a Top Secret or TS-
SCI clearance and for state and local law enforcement 
applicants that have been polygraphed within the last three 
years, rather than ten years. The amendment also required the 
Commissioner of CBP to certify to Congress for each applicant 
that the applicant is not a threat to national security or 
public safety. Senator Hassan's amendment was not adopted by a 
roll call vote of 7-7. Senators Romney, Peters, Hassan, Sinema, 
and Rosen voted ``yea''. Senators Carper and Harris voted 
``yea'' by proxy. Senators Johnson, Portman, Paul, Lankford, 
Scott, Enzi, and Hawley voted ``nay''.
    The bill, as amended by the Johnson amendment, was ordered 
reported favorably by voice vote. Senators present for the vote 
were Johnson, Portman, Paul, Lankford, Romney, Scott, Enzi, 
Hawley, Peters, Hassan, Sinema, and Rosen. Senator Hassan asked 
to be recorded ``no'' for the record.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section provides the bill's short title, the ``Anti-
Border Corruption Improvement Act.''

Section 2. Hiring flexibility

    This section amends the Anti-Border Corruption Act of 2010 
to provide the Commissioner of CBP the discretion to waive the 
pre-employment polygraph examination for any current full-time 
state or local law enforcement officer who has served 
continuously for at least three years, is currently in good 
standing, and has, within the last ten years, completed a 
polygraph. The polygraph waiver may also apply to a Federal law 
enforcement officer who has served continuously for at least 
three years, is currently in good standing, and holds a current 
background investigation level required to work with CBP. As 
for members of the military, including reserve branches and 
veterans, the Commissioner of CBP may waive the polygraph 
requirement if they have served for at least three years, are 
in good standing, eligible for or have received an honorable 
discharge, have held a clearance of Secret, Top Secret, or Top 
Secret/Sensitive Compartmented Information, have not received a 
waiver to obtain such a clearance, and holds a current 
background investigations required by CBP.
    The waiver authority provided in this bill will sunset five 
years after enactment.

Section 3. Supplemental commissioner authority; reporting; definitions

    This section eliminates section 4 of the Anti-Border 
Corruption Act of 2010 and inserts a new section 4, 5, and 6 as 
follows:
    New section 4 states that the applicant who receives the 
waiver may not be exempt from other requirements in the CBP 
hiring process. Applicants receiving a waiver may also be 
subject to a further background investigation. Additionally, 
the bill would authorize Commissioner of CBP to administer a 
polygraph examination for eligible applicants and current 
employees who receive a waiver if it is determined that a 
polygraph examination is necessary to make a final 
determination for suitability for employment or continuous 
employment with CBP.
    New section 5 states that each year for four years 
following the enactment of this bill, CBP is required to 
provide an annual report to Congress on the use of the waiver 
authorities provided in this bill. The annual report must 
include: the number of waivers requested, granted, and denied; 
justification for waiver denials; the results of each 
application for employment; number of times a polygraph was 
used when a background check determined one was necessary; the 
result of such polygraph exams; and the results of each 
application for employment from those that the supplemental 
polygraph is applied to.
    New section 6 defines the terms ``law enforcement 
officer'', ``serious military or civil offense'', and 
``veteran''.

Section 4. Technical and conforming amendment

    This section strikes out ``section 3(1) of'' from Section 
411(c)(15) in the Homeland Security Act of 2002 where the job 
of the Commissioner of CBP is to now conduct polygraph exams, 
allowing flexibility for the waiver process.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 731, the Anti-Border 
Corruption Improvement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    Current law requires Customs and Border Protection (CBP) to 
administer polygraph examinations to nearly all applicants for 
law enforcement positions. S. 731 would broaden the criteria 
for waiving that requirement for certain applicants. Using 
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.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 6--DOMESTIC SECURITY

           *       *       *       *       *       *       *


CHAPTER 1--HOMELAND SECURITY ORGANIZATION

           *       *       *       *       *       *       *



Subchapter IV--Border, Maritime, and Transportation Security

           *       *       *       *       *       *       *



Part B--U.S. Customs and Border Protection

           *       *       *       *       *       *       *



SEC. 221. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH 
                    EXAMINATIONS

    (a) * * *
    [(b)]
    (b) Waiver Authority.--The Commissioner of U.S. Customs and 
Border Protection may waive the application of subsection 
(a)(1)--
          (1) with respect to any current, full-time, law 
        enforcement officer employed by a State or local law 
        enforcement agency who--
                  (A) has served as a law enforcement officer 
                for at least 3 years with no break in service;
                  (B) is authorized by law to engage in, or 
                supervise, the prevention, detection, 
                investigation, prosecution, or 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, during the most recent 10-year 
                period, successfully completed a polygraph 
                examination that satisfies requirements 
                established by the Secretary of Homeland 
                Security, in consultation with the Director of 
                National Intelligence, as a condition of 
                employment with such officer's current law 
                enforcement agency;
          (2) with respect to any current, full-time, law 
        enforcement officer employed by a Federal law 
        enforcement agency who--
                  (A) has served as a law enforcement officer 
                for at least 3 years with no break in service;
                  (B) has authority to make arrests, conduct 
                investigations, conduct searches, make 
                seizures, carry firearms, and serve orders, 
                warrants, and other processes;
                  (C) is not currently under investigation, has 
                not been found to have engaged in criminal 
                activity or serious misconduct, has not 
                resigned from a law enforcement officer 
                position under investigation or in lieu of 
                termination, and has not been dismissed from a 
                law enforcement officer position; and
                  (D) holds a current background investigation 
                to the level required for service as a law 
                enforcement officer with U.S. Customs and 
                Border Protection; and
          (3) with respect to any individual who is a member of 
        the Armed Forces (or a reserve component thereof) or a 
        veteran who--
                  (A) has served in the Armed Forces for at 
                least 3 years;
                  (B) holds, or has held during the most recent 
                5-year period, a Secret, Top Secret, or Top 
                Secret/Sensitive Compartmented Information 
                clearance;
                  (C) holds a current, in-scope background 
                investigation to the level required for 
                services as a law enforcement officer with U.S. 
                Customs and Border Protection;
                  (D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed 
                Forces and has not engaged in criminal activity 
                or committed a serious military or civil 
                offense under the Uniform Code of Military 
                Justice; and
                  (E) was not granted any waivers to obtain the 
                clearance referred to subparagraph (B).

           *       *       *       *       *       *       *


                   ANTI-BORDER CORRUPTION ACT OF 2010


[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) Nonexemption.--An individual who receives a waiver 
under section 3(b) shall not be exempt from other hiring 
requirements relating to suitability for employment and 
eligibility to hold a national security designated position, as 
determined by the Commissioner of U.S. Customs and Border 
Protection.
    (b) Background Investigations.--Any individual who receives 
a waiver under section 3(b) and holds a current background 
investigation may be subject to further background 
investigation to the level required for service as a law 
enforcement officer with U.S. Customs and Border Protection.
    (c) Continuous Evaluation.--Any individual who receives a 
waiver under section 3(b) shall not be exempt from any 
requirement relating to continuous evaluation established by 
the Commissioner of U.S. Customs and Border Protection.
    (d) Administration of Polygraph Examination.--The 
Commissioner of U.S. Customs and Border Protection is 
authorized to administer a polygraph examination to an 
applicant or employee who is eligible for or receives a waiver 
under section 3(b) if information is discovered before 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.

SEC. 5. REPORTING

    Not later than 1 year after the date of the enactment of 
the Anti-Border Corruption Improvement Act and annually 
thereafter for the following 4 years, the Commissioner of U.S. 
Customs and Border Protection shall submit a report to the 
Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives that identifies--
          (1)
                  (A) the number of waivers requested, granted, 
                or denied, disaggregated with respect to each 
                of paragraphs (1), (2), and (3) of section 
                3(b);
                  (B) the reasons for any denial referred to in 
                subparagraph (A); and
                  (C) the final outcome of the application for 
                employment at issue; and
          (2)
                  (A) the number of instances a polygraph 
                examination was administered under the 
                conditions described in section 4(d);
                  (B) the result of each examination referred 
                to in subparagraph (A); and
                  (C) 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'' means any law enforcement officer 
        described in section 8331(20) or 8401(17) of title 5, 
        United States Code.
          (2) 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 Courts-Martial, 
                pursuant to chapter 14-12 of Army Regulation 
                635-200.
          (3) Veteran.--The term ``veteran'' has the meaning 
        given such term in section 101(2) of title 38, United 
        States Code.

           *       *       *       *       *       *       *


HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; 
                    COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL 
                    OFFICES

    (a) * * *
    (b) * * *
    (c) * * *
          (1) * * *

           *       *       *       *       *       *       *

          (15) conduct polygraph examinations in accordance 
        with [section 3(1) of] the Anti-Border Corruption Act 
        of 2010 (Public Law 111-376; 124 Stat. 4105);

           *       *       *       *       *       *       *


                                  [all]