One Hundred Eleventh Congress of the United States of America 2d SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten S. 3243 IN THE SENATE OF THE UNITED STATES 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.

1.

Short title

This Act may be cited as the Anti-Border Corruption Act of 2010.

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.

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.

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