[Congressional Record Volume 156, Number 57 (Wednesday, April 21, 2010)]
[Senate]
[Pages S2521-S2528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PRYOR:
  S. 3243. 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; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. PRYOR. Mr. President, I rise today to discuss the related 
problems of corruption at the U.S. border with Mexico, turf wars 
between Federal investigators of corruption, and inadequate screening 
for corruption of law enforcement personnel. Solving these problems is 
crucial to ensuring we have a system that keeps drugs out, guns in, and 
maintains an effective defense against efforts by drug cartels to 
infiltrate parts of the Department of Homeland Security tasked with 
border security.
  The Mexican cartels that dominate drug trafficking into the U.S. are 
sophisticated, ruthless, and well-funded. They operate widely in Mexico 
through bribery and corruption and smuggle up to $25 billion of illegal 
drugs as well as people into the U.S. They also smuggle illegal guns 
and drug money back into Mexico. In 2009, drug violence in Mexico 
resulted in over 9,600 murders. Already this year there have been over 
3,300 murders. Some of the illegal drugs and money goes to and through 
my State of Arkansas.
  The cartels used to operate differently in the U.S. relying mostly on 
stealth and a U.S. distribution network that reportedly includes 
operations in an estimated 230 American cities. In my State, the 
network includes the cities of Little Rock, Fort Smith and 
Fayetteville. The heightened U.S. border defenses have put a squeeze on 
cartels. They have tried to regain an advantage by exporting to the 
U.S. their experience and success in bribing and corrupting government 
officials who can facilitate their business.
  Today, I am introducing legislation and sending a letter with three 
other

[[Page S2527]]

senators to the Secretary of the Department of Homeland Security to 
reverse what has become a successful campaign by drug cartels to 
infiltrate U.S. law enforcement. At risk here is more than drug 
trafficking. National security is also threatened because border 
weaknesses can be exploited by terrorists to transport operatives and 
weapons into the U.S.
  At a recent hearing I chaired in a subcommittee of the Homeland 
Security Committee, witnesses revealed that while an array of U.S. 
Government agencies have been targeted for infiltration by the cartels, 
the U.S. Customs and Border Protection, known as CBP, has been 
shockingly susceptible to the threat. Federal investigators testified 
that 129 CBP officials have been arrested on corruption charges since 
2003. In addition, the DHS Inspector General opened 576 allegations of 
corruption within CBP in 2009. Now, the vast majority of CBP officers 
are good, decent, hard-working people. That is why we need to help them 
root out those that are corrupting the system.
  Some of CBP's susceptibility to infiltrate is the result of the high-
threat environment in which CBP works. But it is also because the 
dramatic increases in staff levels since 2003--which is a good thing--
means that the agency doesn't always meet its own guidelines for 
screening of job applicants and existing employees. That is not as 
good, and we need to take action to make sure that the processes in 
place to uncover infiltration and corruption are effective.
  Established personnel integrity policies call for polygraph 
examinations and background investigations of all job applicants for 
CBP law enforcement positions as part of the screening process prior to 
being offered employment, however less than 15 percent received the 
full screening in 2009. CBP also has a 10,000 person backlog on these 
reinvestigations of existing personnel.
  There are also indications that there may be coordination and 
information sharing problems between the DHS components responsible for 
investigating corruption. Evidence of these problems include a December 
16, 2009, memo from the DHS Inspector General's office and a March 30, 
2010, Washington Post article detailing a lack of coordination between 
Federal investigators regarding corruption cases.
  As we seem to learn over and over again, cooperation and coordination 
by Federal, state, and local law enforcement is essential to 
identifying and defeating threats to our national security. The threat 
of infiltration by drug cartels is no different.
  I am deeply concerned that the department responsible for the 
security of our homeland is falling short in these important areas.
  To address these problems, I am sending a letter along with Senators 
Feingold, Wyden, and Burris to DHS Secretary Napolitano requesting that 
she resolve turf issues between investigators and integrity screening 
shortcomings at CBP. I ask unanimous consent that this letter be 
inserted in the Record after my statement.
  I am also introducing the Anti-Border Corruption Act of 2010. My bill 
requires DHS to address the integrity screening problems at CBP and 
make progress reports to Congress. Specifically, it requires that DHS 
take such actions as necessary to ensure that the backlog of periodic 
background investigations is cleared up within 60 days. It also 
requires job applicants to receive the polygraph test as required by 
DHS policy within 2 years.
  Finally, I close with a message about and to the men and women at 
Customs and Border Protection. Despite the unfortunate actions of a few 
that dishonor a proud tradition at CBP, we know the vast majority of 
CBP employees are patriotic, honest, and hard-working. We know and 
value the contribution they make to the safety of America and the risks 
that they take on our behalf. They deserve and have our thanks, 
support, and commitment to help them weed out bad elements in their 
organization.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the additional material was ordered to be 
printed in the Record, as follows:

                                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.
                                  ____

                                                   April 21, 2010.
     Hon. Janet Napolitano,
     Secretary, Department of Homeland Security, Washington, DC.
       Dear Secretary Napolitano: In a recent hearing in the 
     Homeland Security and Governmental Affairs Subcommittee on 
     State, Local, and Private Sector Preparedness and Integration 
     on the corruption of U.S. officials by Mexican drug cartels, 
     senior officials of the Department of Homeland Security (DHS) 
     testified that drug cartels are specifically targeting and 
     infiltrating federal law enforcement agencies along the 
     southwest border. These corruption activities encompass 
     almost every layer of the DHS border security strategy.
       Of concern are indications that there may be coordination 
     and information sharing problems that result in duplication 
     of investigative efforts between the DHS components 
     responsible for investigating corruption. Evidence of these 
     problems include the attached December 16, 2009, memo from 
     the DHS Inspector General's office asserting jurisdiction 
     over corruption investigations currently being carried out by 
     the Customs and Border Protection Internal Affairs and a 
     March 30, 2010, Washington Post article detailing a lack of 
     coordination between Federal investigators regarding 
     corruption cases. We ask that you assist these DHS components 
     in developing clearly defined roles and responsibilities 
     regarding corruption investigations to ensure proper sharing 
     of information and prevention of duplicative investigations. 
     It is our belief that cooperation and participation by 
     Federal, state, and local law enforcement is essential to 
     eliminating this growing threat to our national security.
       Also of concern was testimony regarding significant, 
     growing corruption within U.S. Customs and Border Protection 
     (CBP) where 129 officials have been arrested on corruption 
     charges since 2003. The DHS Inspector General reported that 
     it had opened 576 allegations of corruption within CBP in 
     2009. It appears that CBP has been susceptible to 
     infiltration and corruption because it occupies the front 
     line in the prevention of smuggling

[[Page S2528]]

     and illegal border crossings into the U.S., its dramatic 
     increases in staff levels since 2003, and DHS not meeting its 
     own guidelines for integrity screening of job applicants and 
     existing employees.
       Hearing testimony established that although DHS integrity 
     policies call for polygraph examinations and background 
     investigations of all new job applicants for CBP law 
     enforcement positions as part of the screening process prior 
     to being offered employment, less than 15% received the full 
     screening in 2009. Testimony also established that periodic 
     reinvestigations are required of current law enforcement 
     personnel to uncover signs of corruption. CBP currently has a 
     10,000 person backlog of periodic reinvestigations, with the 
     number expected to rise to 19,000 by the end of this year.
       These shortcomings pose a clear national security risk. We 
     believe this issue requires your immediate attention and 
     would like you to examine and specify what DHS is currently 
     doing to properly address these problems. We look forward to 
     working with you to solve this problem.
           Sincerely,
     Russell D. Feingold.
     Mark L. Pryor.
     Ron Wyden.
     Roland W. Burris.

                          ____________________