II 

115TH CONGRESS 

1ST SESSION S. 595 

To provide U.S. Customs and Border Protection with additional flexibility 

to expedite the hiring process for applicants for law enforcement positions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2017 

Mr. FLAKE (for himself, Mr. MCCAIN, and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To provide U.S. Customs and Border Protection with additional flexibility to expedite the hiring process for applicants for law enforcement positions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Boots on the Border 

5 Act of 2017’’. 


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1 SEC. 2. EXPANDED AUTHORITY TO WAIVE POLYGRAPH EX2 AMINATIONS FOR CERTAIN APPLICANTS FOR 

3 LAW ENFORCEMENT POSITIONS WITH U.S. 

4 CUSTOMS AND BORDER PROTECTION. 

5 Section 3 of the Anti-Border Corruption Act of 2010 

6 (6 U.S.C. 221) is amended by striking subsection (b) and 

7 inserting the following: 

8 ‘‘(b) WAIVER.—The Commissioner of U.S. Customs 

9 and Border Protection may waive the polygraph examina10 tion requirement under subsection (a)(1) for any of the 

11 following applicants: 

12 ‘‘(1) An applicant who, at the time the appli13 cant applies for a law enforcement position with 

14 U.S. Customs and Border Protection, is a State or 

15 local law enforcement officer, if the officer— 

16 ‘‘(A) has served as a State or local law en17 forcement officer for not less than 3 years with 

18 no break in service; 

19 ‘‘(B) is authorized by law to engage in or 

20 supervise the prevention, detection, or investiga21 tion of any violation of law, or the apprehen22 sion, arrest, prosecution, or incarceration of any 

23 individual for any violation of law; 

24 ‘‘(C) is not under investigation, has not 

25 been found to have engaged in criminal activity 

26 or serious misconduct, has not resigned from a 


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1 position as a law enforcement officer under in2 vestigation or in lieu of termination, and has 

3 not been dismissed from a position as a law en4 forcement officer; and 

5 ‘‘(D) has successfully completed a poly6 graph examination as a condition of employ7 ment with the applicant’s law enforcement 

8 agency. 

9 ‘‘(2) An applicant who, at the time the appli10 cant applies for a law enforcement position with 

11 U.S. Customs and Border Protection, is a Federal 

12 law enforcement officer, if the officer— 

13 ‘‘(A) has served as a Federal law enforce14 ment officer for not less than 3 years with no 

15 break in service; 

16 ‘‘(B) has authority to make arrests, con17 duct investigations, conduct searches, make sei18 zures, bear firearms, and serve orders, war19 rants, and other processes; 

20 ‘‘(C) is not under investigation, has not 

21 been found to have engaged in criminal activity 

22 or serious misconduct, has not resigned from a 

23 position as a law enforcement officer under in24 vestigation or in lieu of termination, and has 


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1 not been dismissed from a position as a law en2 forcement officer; and 

3 ‘‘(D) has undergone an in-scope Tier 4 

4 background investigation or a Tier 5 single 

5 scope background investigation as a condition 

6 of employment with the applicant’s law enforce7 ment agency. 

8 ‘‘(3) An applicant who, at the time the appli9 cant applies for a law enforcement position with 

10 U.S. Customs and Border Protection, is a 

11 transitioning member of the Armed Forces, a vet12 eran, or a member of the National Guard, if such 

13 individual— 

14 ‘‘(A) has served in the Armed Forces for 

15 not less than 4 years; 

16 ‘‘(B) holds, or has held during the 5 years 

17 preceding applying for the position, a Secret, 

18 Top Secret, or Top Secret/Sensitive Compart19 mented Information clearance and was not 

20 granted any waiver to obtain such clearance; 

21 ‘‘(C) has undergone, during the 5 years 

22 preceding applying for the position, an in-scope 

23 Tier 4 background investigation or a Tier 5 sin24 gle scope background investigation; and 


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1 ‘‘(D) was discharged or released, or is eli2 gible to be discharged or released, from the 

3 Armed Forces under honorable conditions and 

4 has not engaged in criminal activity or serious 

5 misconduct under the Uniform Code of Military 

6 Justice under chapter 47 of title 10, United 

7 States Code. 

8 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to authorize the Commissioner to 

10 hire an individual for a law enforcement position under 

11 subsection (a) who is not suitable for employment and eli12 gible for a position designated as relating to national secu13 rity. 

14 ‘‘(d) BACKGROUND INVESTIGATIONS.—An individual 

15 who receives a waiver under subsection (b) who holds a 

16 Tier 4 background investigation shall be subject to a Tier 

17 5 single scope background investigation. 

18 ‘‘(e) AUTHORITY TO ADMINISTER POLYGRAPH EX19 AMINATIONS AFTER WAIVER.—The Commissioner may 

20 administer a polygraph examination to an individual who 

21 applied for a law enforcement position with U.S. Customs 

22 and Border Protection and received a waiver under sub23 section (b) if the Commissioner determines, based on in24 formation discovered before the completion of a back25 ground investigation of the individual, that a polygraph 


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1 examination is necessary for the Commissioner to make 

2 a final determination with respect to the suitability of the 

3 individual for the position. 

4 ‘‘(f) DEFINITIONS.—In this section: 

5 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 

6 The term ‘Federal law enforcement officer’ means a 

7 ‘law enforcement officer’, as defined in section 

8 8331(20) or 8401(17) of title 5, United States Code. 

9 ‘‘(2) TRANSITIONING MEMBER OF THE ARMED

10 FORCES.—The term ‘transitioning member of the 

11 Armed Forces’ means a member of the Armed 

12 Forces serving on active duty on the date on which 

13 the member applies for a law enforcement position 

14 with U.S. Customs and Border Protection who ex15 pects to be discharged or released from the Armed 

16 Forces and plans to take a position in the competi17 tive service (as defined section 2102 of title 5, 

18 United States Code). 

19 ‘‘(3) VETERAN.—The term ‘veteran’ has the 

20 meaning given that term in section 101(2) of title 

21 38, United States Code.’’. 

Æ 


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