; or (ii) the criteria for making an eligibility determination under part 732 of title 5, Code of Federal Regulations (or any successor regulation). (B) List requirements When providing the list required under subparagraph (A), the Commissioner shall clearly inform all applicants that the list may not constitute the complete list of potential disqualifying actions, conduct, or events. (3) Use of polygraphs Paragraph (1) shall not— (A) restrict the authority of the Commissioner to report or refer an admission of criminal conduct or activity made by an applicant during a polygraph examination to appropriate law enforcement officials; (B) limit the authority of the Commissioner to use the results of a polygraph examination administered as a requirement for appointment to a position in U.S. Customs and Border Protection, in whole or in part, in determining whether to appoint the individual to the position; or (C) limit the authority of another Federal agency or another agency or component of the Department of Homeland Security to use the results of a polygraph examination administered to an individual by a Federal agency other than U.S. Customs and Border Protection, in whole or in part, in determining whether to appoint the individual to a position in the agency or component. (h) Rule of construction Nothing in this section shall be construed to exempt the Commissioner or the Director from the applicability of the merit system principles under section 2301. . (b) Technical and conforming amendment The table of sections for chapter 97 of title 5, United States Code, is amended by adding at the end the following: 9702. U.S. Customs and Border Protection employment authorities. .