Anti-Border Corruption Act of 2010
Public Law 111–376, as amended
Anti-Border Corruption Act of 2010
376
114–279
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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Anti-Border Corruption Act of 2010
12617
111
2011-01-04
Anti-Border Corruption Act of 2010
[(Public Law 111–376)]
[As Amended Through P.L. 114–279, Enacted December 16, 2016]
[Currency: This publication is a compilation of the text of Public Law 113-376. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

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.
[6 U.S.C. 101 note]

SHORT TITLE.
This Act may be cited as the “Anti-Border Corruption Act of 2010”.
SEC. 2.
[6 U.S.C. 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.
(a)

In General.—
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 (except as provided in subsection (b)) 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.
(b)

Waiver.—
The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any applicant who—
(1)
is deemed suitable for employment;
(2)
holds a current, active Top Secret/Sensitive Compartmented Information Clearance;
(3)
has a current Single Scope Background Investigation;
(4)
was not granted any waivers to obtain his or her clearance; and
(5)
is a veteran (as defined in section 2108 of title 5, United States Code).
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.