II
115th CONGRESS
1st Session
S. 1560
IN THE SENATE OF THE UNITED STATES
July 13, 2017
Mr. Durbin (for himself and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To ensure the integrity of border and immigration enforcement efforts by requiring U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to administer law enforcement polygraph examinations to all applicants for law enforcement positions and to require post-hire polygraph examinations for law enforcement personnel as part of periodic reinvestigations.
Short title
This Act may be cited as the Integrity in Border and Immigration Enforcement Act
.
Definitions
In this Act:
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
).
Polygraph examination
The term polygraph examination means the Law Enforcement Pre-Employment Test certified by the National Center for Credibility Assessment.
Polygraph examinations for law enforcement personnel
Applicants
Beginning not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security—
shall require that polygraph examinations are conducted on all applicants for law enforcement positions; and
may not hire any applicant for a law enforcement position who does not pass a polygraph examination.
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—
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
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.
Delegation of authority To determine targeted polygraph examinations
The Inspector General of the Department of Homeland Security may—
delegate the authority under subsection (b)(1) to the CBP Office of Professional Responsibility; and
delegate the authority under subsection (b)(2) to the ICE Office of Professional Responsibility.
Random polygraph reinvestigations
Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall—
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 subsection (b)(1); and
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 subsection (b)(2).