[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Senate]
[Page 16734]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   ANTI-BORDER CORRUPTION ACT OF 2010

  Mr. DURBIN. Mr. President, I ask unanimous consent the Senate proceed 
to Calendar No. 619, S. 3243.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3243) 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 complete all periodic background 
     reinvestigations of certain law enforcement personnel, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment.
  [Omit the part in boldface brackets]

                                S. 3243

       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 [or completes] 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.
       Amend the title so as to read: ``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.''.

  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to, the bill, as amended, be 
read a third time and passed, the committee-reported title amendment be 
agreed to, the motions to reconsider be laid upon the table, without 
intervening action or debate, and any statements related to the measure 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 3243) was ordered to be engrossed for a third reading, 
was read the third time, and passed.
  The title amendment was agreed to, as follows:

       A bill 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.

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