I 

111TH CONGRESS 

2D SESSION S. 3243 

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. 


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S 3243 RFH

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) According to the Office of the Inspector 

9 General of the Department of Homeland Security, 

10 since 2003, 129 U.S. Customs and Border Protec11 tion officials have been arrested on corruption 

12 charges and, during 2009, 576 investigations were 

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

14 Customs and Border Protection officials. 

15 (2) To foster integrity in the workplace, estab16 lished policy of U.S. Customs and Border Protection 

17 calls for— 

18 (A) all job applicants for law enforcement 

19 positions at U.S. Customs and Border Protec20 tion to receive a polygraph examination and a 

21 background investigation before being offered 

22 employment; and 

23 (B) relevant employees to receive a peri24 odic background reinvestigation every 5 years. 


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S 3243 RFH

1 (3) According to the Office of Internal Affairs 

2 of U.S. Customs and Border Protection— 

3 (A) in 2009, less than 15 percent of appli4 cants for jobs with U.S. Customs and Border 

5 Protection received polygraph examinations; 

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

7 Border Protection had a backlog of approxi8 mately 10,000 periodic background reinvestiga9 tions of existing employees; and 

10 (C) without additional resources, by the 

11 end of fiscal year 2010, the backlog of periodic 

12 background reinvestigations will increase to ap13 proximately 19,000. 

14 SEC. 3. REQUIREMENTS WITH RESPECT TO ADMIN15 ISTERING POLYGRAPH EXAMINATIONS TO 

16 LAW ENFORCEMENT PERSONNEL OF U.S. 

17 CUSTOMS AND BORDER PROTECTION. 

18 The Secretary of Homeland Security shall ensure 

19 that— 

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

21 the enactment of this Act, all applicants for law en22 forcement positions with U.S. Customs and Border 

23 Protection receive polygraph examinations before 

24 being hired for such a position; and 


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S 3243 RFH

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

2 of the enactment of this Act, U.S. Customs and Bor3 der Protection initiates all periodic background re4 investigations for all law enforcement personnel of 

5 U.S. Customs and Border Protection that should re6 ceive periodic background reinvestigations pursuant 

7 to relevant policies of U.S. Customs and Border 

8 Protection in effect on the day before the date of the 

9 enactment of this Act. 

10 SEC. 4. PROGRESS REPORT. 

11 Not later than 180 days after the date of the enact12 ment of this Act, and every 180 days thereafter through 

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

14 Secretary of Homeland Security shall submit to the Com15 mittee on Homeland Security and Governmental Affairs 

16 of the Senate and the Committee on Homeland Security 

17 of the House of Representatives a report on the progress 

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

19 complying with section 3. 

Passed the Senate September 28, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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