[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]


Public Law 111-376
111th Congress

An Act


 
To require U.S. Customs and Border Protection to administer polygraph
examinations to all applicants for law enforcement positions with U.S.
Customs and Border Protection, to require U.S. Customs and Border
Protection to initiate all periodic background reinvestigations of
certain law enforcement personnel, and for other purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <> SHORT TITLE.

This Act may be cited as the ``Anti-Border Corruption Act of 2010''.
SEC. 2. <> FINDINGS.

Congress makes the following findings:
(1) According to the Office of the Inspector General of the
Department of Homeland Security, since 2003, 129 U.S. Customs
and Border Protection officials have been arrested on corruption
charges and, during 2009, 576 investigations were opened on
allegations of improper conduct by U.S. Customs and Border
Protection officials.
(2) To foster integrity in the workplace, established policy
of U.S. Customs and Border Protection calls for--
(A) all job applicants for law enforcement positions
at U.S. Customs and Border Protection to receive a
polygraph examination and a background investigation
before being offered employment; and
(B) relevant employees to receive a periodic
background reinvestigation every 5 years.
(3) According to the Office of Internal Affairs of U.S.
Customs and Border Protection--
(A) in 2009, less than 15 percent of applicants for
jobs with U.S. Customs and Border Protection received
polygraph examinations;
(B) as of March 2010, U.S. Customs and Border
Protection had a backlog of approximately 10,000
periodic background reinvestigations of existing
employees; and
(C) without additional resources, by the end of
fiscal year 2010, the backlog of periodic background
reinvestigations will increase to approximately 19,000.
SEC. 3. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH
EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF
U.S. CUSTOMS AND BORDER PROTECTION.

The Secretary of Homeland Security shall <> ensure
that--

[[Page 4105]]

(1) by not later than 2 years after the date of the
enactment of this Act, all applicants for law enforcement
positions with U.S. Customs and Border Protection receive
polygraph examinations before being hired for such a position;
and
(2) by not later than 180 days after the date of the
enactment of this Act, U.S. Customs and Border Protection
initiates all periodic background reinvestigations for all law
enforcement personnel of U.S. Customs and Border Protection that
should receive periodic background reinvestigations pursuant to
relevant policies of U.S. Customs and Border Protection in
effect on the day before the date of the enactment of this Act.
SEC. 4. PROGRESS REPORT.

Not later than 180 days after the date of the enactment of this Act,
and every 180 days thereafter through the date that is 2 years after
such date of enactment, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report on the progress made by U.S. Customs and Border
Protection toward complying with section 3.

Approved January 4, 2011.

LEGISLATIVE HISTORY--S. 3243:
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SENATE REPORTS: No. 111-338 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Sept. 28, considered and passed Senate.
Dec. 21, considered and passed House.