The FBI has ended its categorical ban on hiring applicants who have had sexual encounters with prostitutes, shifting instead to a more holistic review of such candidates, according to people familiar with the matter. The change, outlined in guidance issued this spring, marks a notable evolution in recruitment standards at the bureau as it seeks to replenish its ranks.
Under the revised policy, applicants who engaged in prostitution within the last ten years, did so three or more times overall, or did so while in a position of trust such as public safety will still be dismissed during vetting. For others, the bureau will now consider the context of the conduct rather than treat it as grounds for automatic rejection. The practical impact remains unclear, as many candidates may still be disqualified upon further scrutiny from polygraphers and security officials.
The FBI said the change accounts for the fact that some otherwise suitable candidates, including service members, may have engaged in the practice in places where it is legal, and accommodates applicants who did so as young adults or who were themselves victims of sexual abuse. In a statement, the bureau rejected suggestions that criminal behaviour is no longer disqualifying, insisting that any applicant who has engaged in criminal sexual acts would not be eligible for employment. It described its background check process as wide-ranging and extensive and said it maintains some of the highest suitability standards in the US government.
The shift comes amid broader concerns that the FBI and the Justice Department have eased recruitment requirements while facing a mass personnel exodus driven by retirements, voluntary resignations and firings. The bureau has already taken steps to make it easier for its own professional staff to become agents and has offered a truncated training academy for applicants from other federal law enforcement agencies.
Daniel Brunner, a retired FBI agent who spent two decades in the bureau, questioned the move. If they are moving the bar for sexual encounters to include prostitution, what is that saying about the applicant pool, he said. They are trying to bring in more people, which to me indicates that the applicant pool is extremely shallow right now.
In 2015, then-Attorney General Eric Holder issued a memo reiterating that all Justice Department employees were prohibited from soliciting or accepting prostitution, including where it was legal. Despite that directive, federal law enforcement agencies have periodically faced episodes in which agents serving abroad were accused of sexual encounters with prostitutes. As recently as last year, the Justice Department inspector general substantiated allegations that a supervisory special agent solicited and used prostitutes on multiple occasions while overseas and used a bureau-issued cellphone for the transactions.
Chris Piehota, a retired top FBI executive, said he would be more troubled if the bureau loosened standards for current employees requiring periodic renewals of their security clearances. But he said he could understand the FBI leaning toward leniency for actions taken as a teenager or college student. I do not think you get a better or worse candidate from something you did in your college years, he said. That is why they have the screening process, that is why they have the vetting process.
Applicants to the FBI undergo a multistep vetting process that includes a background check, a detailed questionnaire, credit checks, interviews with neighbours and colleagues, and a polygraph test. The regimen is designed to uncover prior criminal conduct as well as embarrassing personal information that could make an employee vulnerable to blackmail. Felony convictions, domestic violence convictions, failure of a urinalysis and the bureau's drug policies remain automatic disqualifiers. Although the new guidance allows broader evaluation of applicants who disclose past experience with prostitution during their polygraph admission, such an admission has historically been regarded as a death knell for potential employees.