; (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