S. 3243 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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— 
S. 3243—2 

(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.