S.Amdt. 740

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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