; 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