II 

111TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 21, 2010 

Mr. PRYOR introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

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 complete all periodic background reinvestigations 

of certain law enforcement personnel, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anti-Border Corrup5 tion Act of 2010’’. 


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•S 3243 IS

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) According to the Office of the Inspector 

4 General of the Department of Homeland Security, 

5 since 2003, 129 U.S. Customs and Border Protec6 tion officials have been arrested on corruption 

7 charges and, during 2009, 576 investigations were 

8 opened on allegations of improper conduct by U.S. 

9 Customs and Border Protection officials. 

10 (2) To foster integrity in the workplace, estab11 lished policy of U.S. Customs and Border Protection 

12 calls for— 

13 (A) all job applicants for law enforcement 

14 positions at U.S. Customs and Border Protec15 tion to receive a polygraph examination and a 

16 background investigation before being offered 

17 employment; and 

18 (B) relevant employees to receive a peri19 odic background reinvestigation every 5 years. 

20 (3) According to the Office of Internal Affairs 

21 of U.S. Customs and Border Protection— 

22 (A) in 2009, less than 15 percent of appli23 cants for jobs with U.S. Customs and Border 

24 Protection received polygraph examinations; 

25 (B) as of March 2010, U.S. Customs and 

26 Border Protection had a backlog of approxiVerDate Nov 24 2008 23:58 Apr 21, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3243.IS S3243

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•S 3243 IS

1 mately 10,000 periodic background reinvestiga2 tions of existing employees; and 

3 (C) without additional resources, by the 

4 end of fiscal year 2010, the backlog of periodic 

5 background reinvestigations will increase to ap6 proximately 19,000. 

7 SEC. 3. REQUIREMENTS WITH RESPECT TO ADMIN8 ISTERING POLYGRAPH EXAMINATIONS TO 

9 LAW ENFORCEMENT PERSONNEL OF U.S. 

10 CUSTOMS AND BORDER PROTECTION. 

11 The Secretary of Homeland Security shall ensure 

12 that— 

13 (1) by not later than 2 years after the date of 

14 the enactment of this Act, all applicants for law en15 forcement positions with U.S. Customs and Border 

16 Protection receive polygraph examinations before 

17 being hired for such a position; and 

18 (2) by not later than 180 days after the date 

19 of the enactment of this Act, U.S. Customs and Bor20 der Protection initiates or completes all periodic 

21 background reinvestigations for all law enforcement 

22 personnel of U.S. Customs and Border Protection 

23 that should receive periodic background reinvestiga24 tions pursuant to relevant policies of U.S. Customs 


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•S 3243 IS

1 and Border Protection in effect on the day before 

2 the date of the enactment of this Act. 

3 SEC. 4. PROGRESS REPORT. 

4 Not later than 180 days after the date of the enact5 ment of this Act, and every 180 days thereafter through 

6 the date that is 2 years after such date of enactment, the 

7 Secretary of Homeland Security shall submit to the Com8 mittee on Homeland Security and Governmental Affairs 

9 of the Senate and the Committee on Homeland Security 

10 of the House of Representatives a report on the progress 

11 made by U.S. Customs and Border Protection toward 

12 complying with section 3. 

Æ 


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