This bill would seek to alleviate a staffing shortage at Customs and Border Protection (CBP) by granting waivers to the agency’s polygraph requirement for qualified law enforcement officers, members of the Armed Forces, and veterans. It would also impose reporting requirements he waiver authority would sunset five years after this bill is enacted.
An applicant would need to meet the following specific criteria, in addition to not engaging in criminal activity or being under investigation for such activity or misconduct:
State and local law enforcement officers would have to have served for at least three continuous years, have the ability to arrest or apprehend someone, and have completed a successful polygraph in their current job.
Federal law enforcement officers would have to have served for at least three continuous years; have the ability to arrest or apprehend someone, use a weapon, or serve a warrant; and hold a current/in-scope Tier 4 background investigation or Tier 5 single-scope background check in their current job.
Members of the Armed Forces or veterans would need to have served at least three years, held a security clearance in the last five years, have undergone a current/in-scope Tier 4 background investigation or Tier 5 single-scope background check in the last five years, not gained their clearance through a waiver, and have received or be eligible for an honorable discharge.
Within one year of the bill’s enactment and every four years thereafter, CBP would be required to provide Congress with a report about the number of waivers requested, granted, and denied, the reasons for denial, and the final employment outcome for the application in question.