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Gives the CBP Commissioner temporary authority to waive a hiring rule so certain experienced law enforcement officers, federal officers, and military members or veterans who meet specific qualifications can be appointed to CBP. It also creates rules and oversight for polygraph waivers, requires background checks or polygraphs in some cases, mandates regular reports to Congress on the waiver program, and directs a GAO review of discipline records for hires made under the waiver; the waiver authority expires five years after enactment.
Amends Section 3 of the Anti-Border Corruption Act of 2010 (6 U.S.C. 221) by striking subsection (b) and inserting a new subsection (b) that establishes waiver authority for the Commissioner of U.S. Customs and Border Protection.
Authorizes the Commissioner of U.S. Customs and Border Protection to waive the application of subsection (a)(1) for certain individuals who meet the listed criteria.
Waiver eligibility for a current, full-time State or local law enforcement officer who: (A) has served as a law enforcement officer for at least 3 years with no break in service during the most recent 3-year period; (B) is authorized by law to engage in or supervise prevention, detection, investigation, or prosecution of violations and has statutory arrest/apprehension powers; (C) is not currently under investigation, has no disciplinary, misconduct, or derogatory records, has not been convicted of, and has no pending charges related to a criminal offense or misconduct; (D) has not resigned from a law enforcement position while under investigation or in lieu of termination; (E) has not been dismissed from a law enforcement position; and (F) within the most recent 10 years has successfully passed a polygraph as a condition of employment with the current agency and can verify passing it.
Waiver eligibility for a current, full-time Federal law enforcement officer who: (A) has served as a law enforcement officer for at least 3 years with no break in service during the most recent 3-year period; (B) is authorized to make arrests, conduct investigations and searches, make seizures, carry firearms, and serve orders, warrants, and other processes; (C) is not currently under investigation, has no disciplinary, misconduct, or derogatory records, has not been convicted of, and has no pending charges related to a criminal offense or misconduct; (D) has not resigned from a law enforcement position while under investigation or in lieu of termination; (E) has not been dismissed from a law enforcement position; and (F) holds a current background investigation consistent with standards required for Top Secret or Top Secret/Sensitive Compartmented Information access.
Waiver eligibility for a member of the Armed Forces (or reserve component) or a veteran who: (A) has served in the Armed Forces for at least 3 years; (B) holds, or within the most recent 5 years has undergone, a current background investigation consistent with standards for Top Secret or Top Secret/Sensitive Compartmented Information access; (C) received, or is eligible to receive, an honorable discharge; (D) has not been convicted of, and has no pending criminal charges related to, a criminal offense or misconduct; (E) has not committed a military offense under the Uniform Code of Military Justice; and (F) does not have disciplinary, misconduct, or derogatory records.
Who is affected and how:
Potential hires: Experienced state/local law enforcement officers, federal law enforcement officers, and qualified military members and veterans may become eligible for CBP positions even if they would previously have been blocked by the specific hiring rule. That broadens the candidate pool and can accelerate hiring to fill vacancies.
U.S. Customs and Border Protection: CBP could onboard experienced personnel more rapidly, using the waiver to address staffing shortages or recruit candidates with mission-relevant experience. CBP must also implement extra vetting procedures in some cases and meet new reporting obligations.
Oversight actors and Congress: Agencies and Congress gain access to more data on waiver use and outcomes through mandated reports; GAO review of discipline records increases external scrutiny of hires made under the waiver.
Workforce and public safety outcomes: Faster hiring of experienced personnel could improve operational capacity, but expanding waiver use raises questions about consistent vetting and long-term accountability; the law attempts to mitigate these concerns via background checks, limited polygraph waivers, and GAO review.
No direct fiscal appropriation is created, but CBP will need to perform additional background checks, reporting, and comply with GAO reviews, which could have modest administrative costs absorbed within agency budgets.
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced June 25, 2025 by Ruben Gallego · Last progress June 25, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate