[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3243 Enrolled Bill (ENR)]

        S.3243

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 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--
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.