    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-376
    111th Congress

    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--

    [[Page 4105]]

    (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.

    Approved January 4, 2011.

    LEGISLATIVE HISTORY--S. 3243:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 111-338 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Sept. 28, considered and passed Senate.
    Dec. 21, considered and passed House.