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[111th Congress Public Law 376]
[From the U.S. Government Printing Office]

[[Page 124 STAT. 4104]]

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. <<NOTE: Jan. 
                         4, 2011 -  [S. 3243]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Anti-Border 
Corruption Act of 2010.>> 
SECTION 1. <<NOTE: 6 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Anti-Border Corruption Act of 2010''.
SEC. 2. <<NOTE: 6 USC 221 note.>> 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 <<NOTE: Deadlines.>> ensure 
that--

[[Page 124 STAT. 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:
---------------------------------------------------------------------------

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.

                                  <all>
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