[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3243 Referred in House (RFH)]

111th CONGRESS
  2d Session
                                S. 3243


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2010

             Referred to the Committee on Homeland Security

_______________________________________________________________________

                                 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.

            Passed the Senate September 28, 2010.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.