[Congressional Record Volume 163, Number 129 (Monday, July 31, 2017)]
[Senate]
[Page S4626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 740. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INTEGRITY IN BORDER AND IMMIGRATION ENFORCEMENT.

       (a) Short Title.--This section may be cited as the 
     ``Integrity in Border and Immigration Enforcement Act''.
       (b) Definitions.--In this section:
       (1) Law enforcement position.--The term ``law enforcement 
     position'' means any law enforcement position in U.S. Customs 
     and Border Protection (``CBP'') or U.S. Immigration and 
     Customs Enforcement (``ICE'').
       (2) Polygraph examination.--The term ``polygraph 
     examination'' means the Law Enforcement Pre-Employment Test 
     certified by the National Center for Credibility Assessment.
       (c) Polygraph Examinations for Law Enforcement Personnel.--
       (1) Applicants.--Beginning not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security--
       (A) shall require that polygraph examinations are conducted 
     on all applicants for law enforcement positions; and
       (B) may not hire any applicant for a law enforcement 
     position who does not pass a polygraph examination.
       (2) Targeted polygraph reinvestigations.--Beginning not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security, as part of each 
     background reinvestigation, shall administer a polygraph 
     examination to--
       (A) every CBP law enforcement employee who is determined by 
     the Inspector General of the Department of Homeland Security 
     to be part of a population at risk of corruption or 
     misconduct, based on an analysis of past incidents of 
     misconduct and corruption; and
       (B) every ICE law enforcement employee who is determined by 
     the Inspector General of the Department of Homeland Security 
     to be part of a population at risk of corruption or 
     misconduct, based on an analysis of past incidents of 
     misconduct and corruption.
       (3) Delegation of authority to determine targeted polygraph 
     examinations.--The Inspector General of the Department of 
     Homeland Security may--
       (A) delegate the authority under paragraph (2)(A) to the 
     CBP Office of Professional Responsibility; and
       (B) delegate the authority under paragraph (2)(B) to the 
     ICE Office of Professional Responsibility.
       (4) Random polygraph reinvestigations.--Beginning not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall--
       (A) randomly administer a polygraph examination each year 
     to at least 5 percent of CBP law enforcement employees who 
     are undergoing background reinvestigations during that year 
     and have not been selected for a targeted polygraph 
     examination under paragraph (2)(A); and
       (B) randomly administer a polygraph examination each year 
     to at least 5 percent of ICE law enforcement employees who 
     are undergoing background reinvestigations during that year 
     and have not been selected for a targeted polygraph 
     examination under paragraph (2)(B).

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