[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 595 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Boots on the Border Act of 2017''.

SEC. 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.''.
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