,,ii #aaeth ,,congress #ast ,session ,s4 #eie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #i1 #bjag ,mr4 ,flake 7for himself1 ,mr4 ,mc,cain1 and ,mr4 ,johnson7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to provide ,u4,s4 ,customs and ,border ,protection with additional flexibility to expedite the hiring process for applicants for law enforcement positions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,boots on the ,border ,act of #bjag4 #b4 ,expanded authority to waive polygraph examinations for certain applicants for law enforcement positions with ,u4,s4 ,customs and ,border ,protection ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,waiver ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the polygraph examination requirement under subsection 7a77#a7 for any of the following applicants3 7#a7 ,an applicant who1 at the time the applicant applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection1 is a ,state or local law enforcement officer1 if the officer-- 7,a7 has served as a ,state or local law enforcement officer for not less than #c years with no break in service2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 or investigation of any violation of law1 or the apprehension1 arrest1 prosecution1 or incarceration of any individual for any violation of law2 7,c7 is not under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a position as a law enforcement officer under investigation or in lieu of termination1 and has not been dismissed from a position as a law enforcement officer2 and 7,d7 has successfully completed a polygraph examination as a condition of employment with the applicant's law enforcement agency4 7#b7 ,an applicant who1 at the time the applicant applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection1 is a ,federal law enforcement officer1 if the officer-- 7,a7 has served as a ,federal law enforcement officer for not less than #c years with no break in service2 7,b7 has authority to make arrests1 conduct investigations1 conduct searches1 make seizures1 bear firearms1 and serve orders1 warrants1 and other processes2 7,c7 is not under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a position as a law enforcement officer under investigation or in lieu of termination1 and has not been dismissed from a position as a law enforcement officer2 and 7,d7 has undergone an in-scope ,tier #d background investigation or a ,tier #e single scope background investigation as a condition of employment with the applicant's law enforcement agency4 7#c7 ,an applicant who1 at the time the applicant applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection1 is a transitioning member of the ,armed ,forces1 a veteran1 or a member of the ,national ,guard1 if such individual-- 7,a7 has served in the ,armed ,forces for not less than #d years2 7,b7 holds1 or has held during the #e years preceding applying for the position1 a ,secret1 ,top ,secret1 or ,top ,secret_/,sensitive ,compartmented ,information clearance and was not granted any waiver to obtain such clearance2 7,c7 has undergone1 during the #e years preceding applying for the position1 an in-scope ,tier #d background investigation or a ,tier #e single scope background investigation2 and 7,d7 was discharged or released1 or is eligible to be discharged or released1 from the ,armed ,forces under honorable conditions and has not engaged in criminal activity or serious misconduct under the ,uniform ,code of ,military ,justice under chapter #dg of title #aj1 ,united ,states ,code4 7c7 ,rule of construction ,nothing in this section shall be construed to authorize the ,commissioner to hire an individual for a law enforcement position under subsection 7a7 who is not suitable for employment and eligible for a position designated as relating to national security4 7d7 ,background investigations ,an individual who receives a waiver under subsection 7b7 who holds a ,tier #d background investigation shall be subject to a ,tier #e single scope background investigation4 7e7 ,authority ,to administer polygraph examinations after waiver ,the ,commissioner may administer a polygraph examination to an individual who applied for a law enforcement position with ,u4,s4 ,customs and ,border ,protection and received a waiver under subsection 7b7 if the ,commissioner determines1 based on information discovered before the completion of a background investigation of the individual1 that a polygraph examination is necessary for the ,commissioner to make a final determination with respect to the suitability of the individual for the position4 7f7 ,definitions ,in this section3 7#a7 ,federal law enforcement officer ,the term ,federal law enforcement officer means a law enforcement officer1 as defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,transitioning member of the ,armed ,forces ,the term transitioning member of the ,armed ,forces means a member of the ,armed ,forces serving on active duty on the date on which the member applies for a law enforcement position with ,u4,s4 ,customs and ,border ,protection who expects to be discharged or released from the ,armed ,forces and plans to take a position in the competitive service 7as defined section #bajb of title #e1 ,united ,states ,code74 7#c7 ,veteran ,the term veteran has the meaning given that term in section #aja7b7 of title #ch1 ,united ,states ,code4 4