H.R. 2213, Anti-Border Corruption Reauthorization Act of 2017

Floor Situation

On Wednesday, June 7, 2017, the House will consider H.R. 2213, Anti-Border Corruption Reauthorization Act of 2017, under a structured rule.  H.R. 2213 was introduced on April 27, 2017, by Rep. Martha McSally (R-AZ) and was referred to the Committee on Homeland Security, which ordered the bill reported by a voice vote on May 3, 2017.

Summary

H.R. 2213 allows the Commissioner of Customs and Border Protection (CBP) to waive the pre-employment polygraph for candidates that are either (1) state and local law enforcement officers who have passed a polygraph examination in the last ten years and are not under investigation or guilty of misconduct, (2) Federal law enforcement officers who have at least three consecutive years of experience, hold a current Tier 4 or Tier 5 background investigation, and are not under investigation or guilty of misconduct, or (3) members of the armed services and veterans with at least three consecutive years in the military, have held a security clearance in the last 5 years, hold or have held a current Tier 4 or Tier 5 background investigation, and have not been dishonorably discharged.  

Background

The Anti-Border Corruption Act of 2010 requires Customs and Border Protection (CBP) applicants to undergo a pre-employment polygraph examination. CBP is understaffed below its congressionally mandated staffing levels by more than 1,000 Officers and 1,800 Border Patrol Agents and must vet approximately 150-200 applicants for every 1 officer position, creating a “substantial staffing bottleneck”.[1] H.R. 2213 allows CBP to alleviate this staffing shortage by hiring from a pool of applicants that have already completed stringent background investigations.

According to the bill’s sponsor, “These shortages have grown worse over the last several years. These common sense discretionary tools will give the CBP Commissioner the ability to transition those who have taken an oath and put their lives on the line for us already into these critical positions more expeditiously while continuing to provide safeguards against corruption.”[2]

Amendments

1. Rep. Lujan Grisham (D-NM) – This amendment prohibits the bill from going into effect until 1) the CBP completes its evaluation and pilot program of the Test for Espionage, Sabotage, and Corruption (TES-C) which is then certified by the DHS Inspector General and reported to Congress and 2) the DHS Inspector General completes a risk assessment of the population that could receive waivers and certifies to Congress that providing waivers to these individuals would not endanger national security, undermine workforce integrity, or increase corruption in the agency.

Cost

A Congressional Budget Office (CBO) estimates implementing the bill would have no significant effect on spending.

Staff Contact

For questions or further information please contact Dominique Yantko with the House Republican Policy Committee by email or at 3-1555.