Bills
| 3.23.22

Should Certain Cops and Military Personnel Not Need to Pass a Polygraph to Work for Customs and Border Protection? (S. 595)

Do you support or oppose this bill?

What is S. 595?

(Updated November 16, 2018)

This bill would allow the polygraph (aka lie detector) test requirement to be waived for applicants to Customs and Border Protection (CBP) jobs who have qualifying experience in law enforcement or the military. In effect, this would allow CBP to speed up its hiring process for such applicants who have already gone through a polygraph test or similar background check in their current jobs.

An applicant would need to meet the following specific criteria, in addition to not engaging in or being under investigation for criminal 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.

  • Transitioning members of the Armed Forces would need to have served at least four 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, and have received or be eligible for an honorable discharge.

Argument in favor

The law enforcement officers and members of the military who this bill waives CBP’s polygraph requirement for applicants who’ve already taken one or been thoroughly vetted in their current jobs through a background check, so an additional polygraph test is unnecessary.

Argument opposed

Customs and Border Protection has a polygraph requirement in place for a reason — to ensure that only qualified people are hired. There shouldn’t be an option to waive that requirement for law enforcement or military personnel with qualifying experience.

Impact

Law enforcement and military personnel looking to work for CBP; and CBP.

Cost of S. 595

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Jeff Flake (R-AZ) introduced this bill to help Customs and Border Protection (CBP) fix a slow hiring process that’s left nearly 3,000 jobs unfilled by letting polygraph requirements be waived for qualified law enforcement or military personnel:

“At a time when Arizonans are rightfully demanding a secure border, it’s unjustifiable to be turning away qualified applicants with distinguished military and law enforcement service because of a potentially flawed polygraph. By waiving CBP’s polygraph requirement for these well-vetted and qualified applicants, this commonsense bill will ensure that bureaucratic hiring obstacles don’t hinder CBP’s critical border security and trade facilitation missions.”

This bill passed the Senate Homeland Security and Governmental Affairs Committee on a voice vote, and has the support of three cosponsors — including two Republicans and one Democrat.

  

Media:

Summary by Eric Revell

(Photo Credit: CBP Photos via Flickr / Creative Commons)