Border Patrol Recruitment Enhancement Act

The Border Patrol Recruitment Enhancement Act amends the Anti-Border Corruption Act of 2010 to allow the Commissioner of U.S. Customs and Border Protection to waive the polygraph examination requirement for certain experienced law enforcement officers and military members or veterans seeking employment with CBP, with the waiver authority ending 5 years after enactment.

Sec. 2, Hiring flexibility: This section replaces the existing waiver authority in the Anti-Border Corruption Act. It allows the CBP Commissioner to waive the polygraph requirement for three groups: (1) current state or local law enforcement officers with at least 3 years of continuous service, clean records, and a passed polygraph within the last 10 years; (2) current federal law enforcement officers with at least 3 years of continuous service, clean records, and a current Top Secret or TS/SCI background investigation; and (3) Armed Forces members or veterans with at least 3 years of service, an honorable discharge or eligibility, a current or recent Top Secret or TS/SCI background investigation, and no criminal or military offenses. The waiver authority expires 5 years after enactment.

Sec. 3, Supplemental Commissioner authority and definitions: This section adds that individuals receiving a waiver are not exempt from other suitability or national security hiring requirements. Those with a Top Secret or TS/SCI background investigation must still undergo an appropriate background investigation. The Commissioner may administer a polygraph to a waived applicant if information discovered before a background check is completed makes it necessary for a suitability determination. It also requires annual reports to Congress for 5 years on waiver numbers, denials, hiring rates, polygraphs administered, program impact, needed authorities, and disciplinary actions. The first report must include an analysis of alternative deception detection tests and a recommendation on their use. Additionally, the Government Accountability Office must review disciplinary records of waived hires every 5 years for 10 years, comparing their discipline rates to those who passed the polygraph, and report to Congress. Finally, it defines key terms: 'criminal offense' includes felonies and crimes involving fraud or deceit; 'Federal law enforcement officer' references existing federal definitions; 'military offense' covers offenses leading to discharge or demotion; and 'veteran' uses the standard definition from title 38.