II 115th CONGRESS 1st Session S. 595 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. Short title This Act may be cited as the Boots on the Border Act of 2017 . 2. Expanded authority to waive polygraph examinations for certain applicants for law enforcement positions with U.S. Customs and Border Protection Section 3 of the Anti-Border Corruption Act of 2010 ( 6 U.S.C. 221 ) is amended by striking subsection (b) and inserting the following: (b) Waiver The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any of the following applicants: (1) An applicant who, at the time the applicant applies for a law enforcement position with U.S. Customs and Border Protection, is a State or local law enforcement officer, if the officer— (A) has served as a State or local law enforcement officer for not less than 3 years with no break in service; (B) is authorized by law to engage in or supervise the prevention, detection, or investigation of any violation of law, or the apprehension, arrest, prosecution, or incarceration of any individual for any violation of law; (C) is not under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a position as a law enforcement officer under investigation or in lieu of termination, and has not been dismissed from a position as a law enforcement officer; and (D) has successfully completed a polygraph examination as a condition of employment with the applicant's law enforcement agency. (2) An applicant who, at the time the applicant applies for a law enforcement position with U.S. Customs and Border Protection, is a Federal law enforcement officer, if the officer— (A) has served as a Federal law enforcement officer for not less than 3 years with no break in service; (B) has authority to make arrests, conduct investigations, conduct searches, make seizures, bear firearms, and serve orders, warrants, and other processes; (C) is not under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a position as a law enforcement officer under investigation or in lieu of termination, and has not been dismissed from a position as a law enforcement officer; and (D) has undergone an in-scope Tier 4 background investigation or a Tier 5 single scope background investigation as a condition of employment with the applicant’s law enforcement agency. (3) An applicant who, at the time the applicant applies for a law enforcement position with U.S. Customs and Border Protection, is a transitioning member of the Armed Forces, a veteran, or a member of the National Guard, if such individual— (A) has served in the Armed Forces for not less than 4 years; (B) holds, or has held during the 5 years preceding applying for the position, a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance and was not granted any waiver to obtain such clearance; (C) has undergone, during the 5 years preceding applying for the position, an in-scope Tier 4 background investigation or a Tier 5 single scope background investigation; and (D) was discharged or released, or is eligible to be discharged or released, 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 47 of title 10, United States Code. (c) 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 (a) who is not suitable for employment and eligible for a position designated as relating to national security. (d) Background investigations An individual who receives a waiver under subsection (b) who holds a Tier 4 background investigation shall be subject to a Tier 5 single scope background investigation. (e) 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 U.S. Customs and Border Protection and received a waiver under subsection (b) if the Commissioner determines, based on information discovered before the completion of a background investigation of the individual, that a polygraph examination is necessary for the Commissioner to make a final determination with respect to the suitability of the individual for the position. (f) Definitions In this section: (1) Federal law enforcement officer The term Federal law enforcement officer means a law enforcement officer , as defined in section 8331(20) or 8401(17) of title 5, United States Code. (2) 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 U.S. 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 (as defined section 2102 of title 5, United States Code). (3) Veteran The term veteran has the meaning given that term in section 101(2) of title 38, United States Code. .