[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3160 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3160
To increase transparency, accountability, and community engagement
within the Department of Homeland Security, to provide independent
oversight of border security activities, to improve training for agents
and officers of U.S. Customs and Border Protection, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 3, 2021
Mr. Lujan (for himself, Mr. Menendez, Mr. Padilla, Mr. Booker, Mr.
Heinrich, and Ms. Warren) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To increase transparency, accountability, and community engagement
within the Department of Homeland Security, to provide independent
oversight of border security activities, to improve training for agents
and officers of U.S. Customs and Border Protection, 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 ``Border Accountability, Oversight,
and Community Engagement Act''.
SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT.
(a) Department of Homeland Security Border Oversight Commission.--
(1) Establishment.--There is established an independent
commission, which shall be known as the ``Department of
Homeland Security Border Oversight Commission'' (referred to in
this Act as the ``Commission'').
(2) Organization.--
(A) Leadership.--The Commission shall be led by a
Chair and a Vice Chair.
(B) Membership.--
(i) In general.--The Commission shall be
composed of 30 members, who--
(I) shall be appointed by the
Speaker and the minority leader of the
House of Representatives and the
majority and minority leaders of the
Senate, in consultation with the
President; and
(II) shall have expertise in
migration, local crime indices, civil
and human rights, community relations,
cross-border trade and commerce,
quality of life indicators, or other
pertinent experience.
(ii) Regional representation.--Of the 30
members appointed pursuant to clause (i)(I)--
(I) 13 members shall be from the
northern border region and shall
comprise the northern border
subcommittee; and
(II) 17 members shall be from the
southern border region and shall
comprise the southern border
subcommittee.
(iii) Northern border subcommittee.--Of the
13 members from the northern border region--
(I) 2 shall be elected local
government officials;
(II) 2 shall be local law
enforcement officials;
(III) 2 shall be civil rights
advocates;
(IV) 1 shall represent the business
community;
(V) 1 shall represent institutions
of higher education;
(VI) 1 shall represent a faith
community;
(VII) 2 shall be U.S. Border Patrol
officers or agents, including at least
1 member of the National Border Patrol
Council; and
(VIII) 2 shall be tribal officials.
(iv) Southern border subcommittee.--Of the
17 members from the southern border region--
(I) 3 shall be elected local
government officials;
(II) 3 shall be local law
enforcement officials;
(III) 3 shall be civil rights
advocates;
(IV) 2 shall represent the business
community;
(V) 1 shall represent institutions
of higher education;
(VI) 1 shall represent a faith
community;
(VII) 2 shall be U.S. Border Patrol
officers or agents, including at least
1 member of the National Border Patrol
Council; and
(VIII) 2 shall be tribal officials.
(v) Chair; vice chair.--The members of the
Commission shall elect a Chair and a Vice Chair
from among its members by a majority vote of at
least 16 members.
(vi) Terms of service.--The Chair and the
Vice Chair of the Commission shall serve 4-year
terms in such positions. Members of the
Commission shall also serve 4-year terms.
(vii) Appointment deadline.--Congress shall
make the initial appointments to the Commission
not later than 180 days after the date of the
enactment of this Act.
(3) Meetings.--
(A) Commission.--The Commission shall meet at least
semiannually and may convene additional meetings as
necessary.
(B) Subcommittees.--The northern border and
southern border subcommittees shall meet at least
quarterly, and may convene additional meetings, as
necessary.
(4) Duties.--The Commission, the northern border
subcommittee, and the southern border subcommittee shall--
(A) develop recommendations for improvements
regarding border enforcement policies, strategies, and
programs that take into consideration their impact on
border communities;
(B) evaluate policies, strategies, and programs of
Federal agencies operating along the northern and
southern United States borders--
(i) to protect--
(I) due process;
(II) the civil and human rights of
border residents and visitors; and
(III) private property rights of
land owners;
(ii) to reduce the number of migrant
deaths; and
(iii) to improve the safety of agents and
officers of U.S. Customs and Border Protection;
(C) develop recommendations for improvements
regarding the safety of agents and officers of U.S.
Customs and Border Protection while such agents and
officers are in the field; and
(D) evaluate training and establish training
courses related to--
(i) management and leadership skills for
supervisors in each U.S. Border Patrol sector,
at each port of entry on the northern and
southern United States borders; and
(ii) the extent to which supervisory and
management personnel practices at U.S. Customs
and Border Protection--
(I) encourage and facilitate
workforce development for agents and
officers; and
(II) promote agent and officer
field safety and post-Federal Law
Enforcement Training Center (referred
to in this Act as ``FLETC'') training
of border enforcement personnel in
accordance with section 6.
(5) Additional responsibilities.--
(A) In general.--In carrying out the duties set
forth in paragraph (4), the Commission shall take into
consideration any recommendations and evaluations
agreed upon by the northern border subcommittee and the
southern border subcommittee.
(B) Subcommittee reports.--The northern border
subcommittee and the southern border subcommittee shall
each--
(i) submit an annual report to the Chair
and Vice Chair of the Commission that contains
the recommendations and evaluations of the
subcommittees referred to in paragraph (4); and
(ii) make each such report available to the
public.
(6) Prohibition on compensation.--Members of the Commission
may not receive pay, allowances, or benefits from the Federal
Government by reason of their service on the Commission or
either of its subcommittees.
(b) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member of the Commission, may, for
the purpose of carrying out this Act, hold such hearings, and sit and
act at such times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission or such
designated subcommittee or designated member determines necessary to
carry out its duties under subsection (a)(4).
(c) Savings Provision.--Nothing in this Act may be construed as
affecting the investigative and disciplinary procedures of U.S. Customs
and Border Protection or the Department of Homeland Security with
respect to agents and officers of U.S. Customs and Border Protection.
(d) Reports.--
(1) Annual reports.--The Commission shall--
(A) submit an annual report to the Secretary of
Homeland Security that contains information regarding
the activities, findings, and recommendations of the
Commission, including the northern border subcommittee
and the southern border subcommittee, for the preceding
year; and
(B) make each such report available to the public.
(2) Congressional notification.--The Secretary of Homeland
Security shall brief the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on the
Judiciary of the House of Representatives regarding each report
received under paragraph (1).
SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND
IMMIGRATION RELATED CONCERNS.
(a) In General.--Subtitle A of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 202 et seq.) is amended by adding at the end the
following:
``SEC. 406. OMBUDSMAN FOR BORDER AND IMMIGRATION-RELATED CONCERNS.
``(a) In General.--There shall be within the Department an
Ombudsman for Border and Immigration-Related Concerns (referred to in
this section as the `Ombudsman'). The individual appointed as Ombudsman
shall have a background in immigration or civil liberties law or law
enforcement and shall report directly to the Secretary.
``(b) Organizational Independence.--The Secretary shall take
appropriate action to ensure the independence of the Ombudsman's office
from other officers or employees of the Department engaged in border
security or immigration activities.
``(c) Staffing.--The Secretary shall take appropriate action to
ensure that the Ombudsman's office is sufficiently staffed and
resourced to carry out its duties effectively and efficiently.
``(d) Functions.--The Ombudsman shall--
``(1) establish an independent, neutral, and appropriately
confidential process to receive, investigate, resolve, and
provide redress, including immigration relief, monetary
damages, or any other action determined appropriate, for
complaints, grievances, or requests for assistance from
individuals, associations, and employers regarding the border
security and immigration activities of the Department;
``(2) conduct inspections of the facilities, including
privately-owned or operated contract facilities, of U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and U.S. Citizenship and Immigration Services;
``(3) assist individuals and families who--
``(A) have been victims of crimes committed by
noncitizens present in the United States or of violence
near the United States border; or
``(B) have been impacted by situations in which the
Department has exercised force against an individual,
including by use of a firearm, electronic control
weapon, explosive device, chemical agent, baton,
projectile, blunt instrument, body part, canine, or
vehicle;
``(4) identify areas in which individuals, associations,
and employers have identified concerns with respect to
interacting with U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, or U.S. Citizenship and
Immigration Services;
``(5) propose changes in the administrative practices of
U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, and U.S. Citizenship and Immigration
Services to mitigate problems identified under this section;
``(6) review, examine, and make recommendations regarding
the border security and immigration and enforcement activities
of U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, and U.S. Citizenship and Immigration
Services;
``(7) establish a uniform and standardized complaint
process regarding complaints against any individual employed by
U.S. Customs and Border Protection or U.S. Immigration and
Customs Enforcement for violations of standards of professional
conduct that--
``(A) requires the completion of an independent
review and investigation not later than 1 year after
the receipt of any such complaint;
``(B) requires that complainants receive--
``(i) written confirmation that their
complaint was received not later than 60 days
after such receipt; and
``(ii) a written summary regarding the
outcome of such complaint not later than 30
days after the completion of the review and
investigation under subparagraph (A), including
findings of fact, recommended action, and
available redress;
``(C) features--
``(i) a centralized multilingual online
complaint form that includes street address,
toll-free telephone number, and electronic
mailbox address to permit an individual to file
an immigration or border-related complaint and
submit supporting evidence through the portal
of choice of any such individual; and
``(ii) the posting of multilingual
information relating to such form at ports of
entry and at U.S. Border Patrol interior
checkpoints;
``(D) includes procedures for referring complaints
to the Office for Civil Rights and Civil Liberties, the
Office of the Inspector General, or other appropriate
agency of the Department;
``(E) establishes a publicly accessible national,
standardized database capable of tracking and analyzing
complaints and their resolution; and
``(F) provides publicly accessible records, with
copies of complaints, and their resolutions permanently
preserved and available for inspection, while
maintaining the confidentiality of complainants'
identities; and
``(8) establishes an online detainee locator system for
individuals held in U.S. Customs and Border Protection custody.
``(e) Other Responsibilities.--In addition to the functions
specified in subsection (d), the Ombudsman shall--
``(1) monitor the coverage and geographic allocation of
local offices of the Ombudsman, including appointing local
ombudsmen for border and immigration related concerns;
``(2) evaluate and take personnel actions (including
dismissal) with respect to any employee of the Ombudsman;
``(3) recommend disciplinary action, including contract
termination, suspension, and debarment, or termination,
suspension, and sanctions, to the appropriate departmental
entity regarding any contractor proven to have violated
departmental policies or procedures while executing any border
security or immigration activity;
``(4) refer to the Inspector General of the Department any
complaints of the violation of departmental policies or
procedures by any Department employee relating to border
security or immigration activity; and
``(5) provide each complainant with a summary of the
outcome of any action taken in response to a complaint,
grievance, or request for assistance from such complainant,
including any findings of fact, recommended action, and
available redress.
``(f) Complainants.--
``(1) Eligibility.--Any interested party, including a legal
representative, may file a complaint through the complaint
process established pursuant to subsection (d)(7).
``(2) Retaliatory action prohibited.--Complainants and
other individuals identified in a complaint submitted under
this section shall be protected from retaliatory action by law
enforcement or by any officer of the United States based on the
content of such complaint. No information contained in a
complaint that is germane to such complaint may be used as
evidence in any removal or criminal proceedings against the
complainant or any individual identified in such complaint.
``(3) No effect on removal or criminal proceedings.--
Neither the filing of a complaint nor the contents of a
complaint shall confer immunity or otherwise impact any removal
or criminal proceedings against a complainant or an individual
identified in such complaint.
``(4) Privacy.--No personally identifiable information
related to an individual involved in a complaint which would
result in identification of such individual may be published.
``(5) Assistance.--All complainants shall receive full
assistance from the Department in filing complaints, including
language assistance, accommodations for disabilities, and
accurate and complete responses to their questions.
``(g) Request for Investigations.--The Ombudsman may request the
Inspector General of the Department to conduct inspections,
investigations, and audits related to compliance with subsections (d),
(e), and (f).
``(h) Coordination With Department Components.--
``(1) In general.--The Director of U.S. Citizenship and
Immigration Services, the Assistant Secretary of U.S.
Immigration and Customs Enforcement, and the Commissioner of
U.S. Customs and Border Protection shall each establish
procedures to provide formal responses to recommendations
submitted to such officials by the Ombudsman not later than 60
days after receiving such recommendations.
``(2) Access to information.--The Secretary shall establish
procedures to provide the Ombudsman access to all departmental
records that are necessary to execute the responsibilities of
the Ombudsman under subsection (d) or (e) not later than 60
days after the Ombudsman requests such information.
``(i) Public Outreach.--The Secretary shall--
``(1) take all appropriate action to advise the public
regarding the existence, duties, responsibilities, and
grievance processes of the Ombudsman's office; and
``(2) promulgate regulations to ensure--
``(A) the public's ability to file grievances with
the Ombudsman's office electronically; and
``(B) that absent written permission of all
affected parties, all documents submitted to the
Ombudsman's office are used solely by the Ombudsman's
office to advance the purposes described in this
section.
``(j) Annual Reporting.--Not later than June 30 of each calendar
year beginning after the date of the enactment of the Border
Accountability, Oversight, and Community Engagement Act, the Ombudsman
shall submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the Judiciary of
the Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on the Judiciary of the House of
Representatives that includes--
``(1) the number and type of complaints received under this
section;
``(2) the demographics of the complainants who filed such
complaints;
``(3) the results of the investigations conducted in
response to such complaints, including violations of standards
and any disciplinary actions taken;
``(4) the identification of any complaint patterns that
could be prevented or reduced by policy training or practice
changes;
``(5) an inventory of complaints received under this
section for which action has been taken and the period between
the receipt of each such complaint and its resolution;
``(6) an inventory of complaints received under this
section for which action was not taken during the 1-year period
immediately following the filing of such complaint, including
the period during which each such complaint remained open, and
the reason for failing to resolve each such complaint during
such 1-year period;
``(7) recommendations that the Ombudsman has made to
improve the services and responsiveness of U.S. Citizenship and
Immigration Services, U.S. Immigration and Customs Enforcement,
and U.S. Customs and Border Protection, and any responses
received from each such component or the Department regarding
such recommendations; and
``(8) any other information that the Ombudsman considers
relevant to such report.
``(k) Establishment of Border Communities Liaison Office.--
``(1) In general.--The Ombudsman, in conjunction with the
Office for Civil Rights and Civil Liberties of the Department,
shall establish a Border Community Liaison Office (referred to
in this subsection as the `Liaison Office') in each U.S. Border
Patrol sector on the northern and southern borders of the
United States.
``(2) Purposes.--Each Liaison Office shall--
``(A) foster cooperation between U.S. Border
Patrol, U.S. Customs and Border Protection's Office of
Field Operations, and border communities;
``(B) consult with border communities regarding the
development of policies, directives, and programs of
U.S. Border Patrol and the Office of Field Operations;
and
``(C) receive feedback from border communities
regarding the performance of U.S. Border Patrol and the
Office of Field Operations.
``(3) Membership.--Each Liaison Office shall be comprised
of equal representation from the border community and U.S.
Customs and Border Protection, including not fewer than--
``(A) 1 member of the community in which each U.S.
Border Patrol sector is located who has expertise in
migration, local public safety, civil and human rights,
the local community, or community relations;
``(B) 1 member of an Indian tribe (as such term is
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)) or a
tribal organization;
``(C) 1 Border Patrol processing coordinator with
significant experience working for U.S. Border Patrol;
and
``(D) 1 nonuniformed U.S. Customs and Border Patrol
officer with significant experience working for U.S.
Customs and Border Protection.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (Public Law 107-296) is amended by inserting after
the item relating to section 405 the following:
``Sec. 406. Ombudsman for Border and Immigration-Related Concerns.''.
SEC. 4. TRAINING AND CONTINUING EDUCATION.
(a) Mandatory Training and Continuing Education To Promote CBP
Agent and Officer Safety and Professionalism.--
(1) Policies and guidelines.--The Secretary of Homeland
Security shall establish policies and guidelines to ensure that
all U.S. Customs and Border Protection agents and officers
receive a minimum of--
(A) 19 weeks of training for employees of U.S.
Customs and Border Protection's Office of Field
Operations, and 23 weeks of training for employees of
U.S. Border Patrol, that--
(i) is directly related to the mission of
U.S. Border Patrol and U.S. Customs and Border
Protection's Office of Field Operations before
the initial assignment of such agents and
officers; and
(ii) is in alignment with curriculum
developed and endorsed by FLETC; and
(B) 8 hours of training and continuing education
annually after the completion of the training referred
to in subparagraph (A).
(2) Trainers.--The training and continuing education
described in paragraph (1) shall be conducted by attorneys
who--
(A) have experience with the Fourth Amendment to
the United States Constitution, including appropriate
application of the use of force by agents and officers
of U.S. Customs and Border Protection; and
(B) are members of the Department of Homeland
Security's Office of General Counsel.
(b) FLETC.--The Secretary of Homeland Security shall establish
policies and guidelines governing training with FLETC and continuing
education of agents and officers of U.S. Customs and Border Protection
regarding border awareness, accountability, and oversight. Such
training with FLETC shall include individual courses regarding--
(1) community relations, including--
(A) best practices in community policing;
(B) best practices to adhere to policies limiting
the location of enforcement and cooperation with local
law enforcement; and
(C) best practices in responding to grievances,
including how to refer complaints to the Ombudsman for
Border and Immigration-Related Concerns in accordance
with section 452 of the Homeland Security Act of 2002,
as amended by section 3;
(2) interdiction, including--
(A) instruction regarding formal and proper command
language;
(B) situational awareness of what language is
appropriate in a given situation;
(C) policies and guidelines regarding the legal
application of use of force;
(D) policies and training scenarios necessary to
ensure the safety of the agent or officer and the
surrounding community during interventions in urban
areas, including--
(i) scenario-based training and guidelines;
and
(ii) non-lethal force training and
certification on at least 1 non-lethal force
instrument, including electronic control
weapons; and
(E) policies necessary to ensure the safety of the
agent or officer and the surrounding community during
interventions in rural and remote locations;
(3) vulnerable populations, including instruction on
screening, identifying, and responding to vulnerable
populations, such as children, victims of human trafficking,
victims of trauma, and the acutely ill;
(4) cultural and societal issues, including--
(A) understanding the diversity of immigrant
communities;
(B) language and basic cultural awareness of major
migrant-sending countries;
(C) natural resource protection and environmental
policies along the United States border;
(D) privacy considerations regarding border-related
technologies; and
(E) the history and ethics of asylum law; and
(5) standards of professional conduct, including--
(A) the lawful use of force;
(B) complying with chain of command and lawful
orders;
(C) conduct and ethical behavior toward the public
in a civil and professional manner;
(D) respect for civil rights and the protection of
the well-being of individuals;
(E) non-racially biased questioning techniques; and
(F) de-escalation tactics and alternatives to the
use of force.
(c) Supervisor Training.--In addition to the training and
continuing education required to be established under subsections (a)
and (b), the Secretary of Homeland Security shall establish policies
and guidelines governing the continuing education of agents and
officers of U.S. Customs and Border Protection in supervisory or
management positions, including--
(1) instruction relating to management and leadership best
practices;
(2) refresher instruction or in-service training relating
to legal application of use of force policies and guidelines,
intervention, community relations, and professional conduct;
and
(3) mitigation training to identify, diagnose, and address
issues within such supervisory and management roles.
(d) Review Process.--The Secretary of Homeland Security shall
establish a review process to ensure that port supervisors and managers
of U.S. Customs and Border Protection receive annual evaluations
regarding--
(1) their actions and standards of conduct; and
(2) the actions, situational and educational development,
and standards of conduct of their staffs.
(e) Continuing Education.--
(1) In general.--The Secretary of Homeland Security shall
require all agents and officers of U.S. Customs and Border
Protection who are required to undergo training under
subsections (a) through (c) to participate in annual continuing
education to maintain and update their understanding of Federal
legal rulings, court decisions, and Department of Homeland
Security policies, procedures, and guidelines related to the
subject matters described in such subsections.
(2) Subject matters.--Continuing education under this
subsection shall include training courses on--
(A) protecting the civil, constitutional, human,
and privacy rights of individuals, with special
emphasis on the scope of enforcement authority,
including--
(i) chain of evidence practices and
document seizure; and
(ii) use of force policies available to
agents and officers;
(B) the scope of authority of agents and officers
to conduct immigration enforcement activities,
including interviews, interrogations, stops, searches,
arrests, and detentions, in addition to identifying and
detecting fraudulent documents;
(C) identifying, screening, and responsibility for
vulnerable populations, such as children and victims of
trafficking; and
(D) cultural and societal issues, including--
(i) the diversity of immigrant communities;
(ii) language and basic cultural awareness
of major migrant-sending countries; and
(iii) natural resource protection and
environmental policies along the United States
border.
(3) Administration.--Courses offered under this
subsection--
(A) shall be administered in consultation with
FLETC by the individual U.S. Border Patrol sectors and
U.S. Customs and Border Protection's Office of Field
Operations of the Department of Homeland Security in
order to provide such sectors' field offices with
flexibility to design or tailor such courses to the
specific needs and conditions of each such sector and
field office; and
(B) shall be approved in advance by the Secretary
of Homeland Security to ensure that such courses
satisfy the requirements for training under this
section.
(4) Rotation.--Courses offered as part of continuing
education under this subsection shall include--
(A) an annual course focusing on the curriculum
described in paragraph (2)(A);
(B) a triennial course focusing on curriculum
described in paragraph (2)(B);
(C) a triennial course focusing on curriculum
described in paragraph (2)(C); and
(D) a triennial course focusing on curriculum
described in paragraph (2)(D).
(f) Assessment.--Not later than 6 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives that assesses the training and
education, including continuing education, required under this section.
SEC. 5. MANAGEMENT OF PORTS OF ENTRY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
a report to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives that contains an assessment of the standards and
guidelines for managing ports of entry under the control of the
Department of Homeland Security, including information regarding--
(1) staffing levels and the need for additional staffing;
(2) the rules governing the actions of officers of U.S.
Customs and Border Protection's Office of Field Operations;
(3) average delays for transit through land ports of entry;
(4) existing efforts and technologies used for border
security, including the impact of such efforts and technologies
on--
(A) facilitating trade at ports of entry; and
(B) civil rights, private property rights, privacy
rights, and civil liberties;
(5) the economic impact of the policies and practices of
U.S. Customs and Border Protection agricultural specialists and
U.S. Customs and Border Protection's Office of Field Operations
personnel;
(6) physical infrastructure and technological needs at
ports of entry;
(7) a plan for increasing the number of U.S. Customs and
Border Protection's Office of Field Operations officers
certified as emergency medical technicians and the number of
medical professionals assigned to land ports of entry; and
(8) a plan for increasing access to land ports of entry
that takes into account asylum seekers, victims of trafficking,
unaccompanied children, and other vulnerable populations.
(b) Updates.--Based upon the information and assessment contained
in the report required under subsection (a), the Secretary of Homeland
Security shall establish updated guidelines and standards for managing
ports of entry under the control of the Department of Homeland Security
to address any identified needs or shortcomings at such ports of entry,
including, if applicable--
(1) increasing the number of U.S. Customs and Border
Protection agricultural specialists at ports of entry at which
delays hinder or negatively impact the local or national
economies;
(2) updating or increasing the use of technology at ports
of entry at which there are average delays exceeding 2 hours
based on U.S. Customs and Border Protection data collected
during the previous fiscal year;
(3) publishing rules regarding document handling at ports
of entry;
(4) establishing standards of conduct and demeanor when
interacting with individuals with border crossing cards and
vulnerable populations, such as children, victims of human
trafficking, victims of trauma, and the acutely ill; and
(5) establishing training courses relating to management
and leadership skills for supervisors and managers at ports of
entry.
SEC. 6. BORDER ENFORCEMENT ACCOUNTABILITY AND TRANSPARENCY.
(a) Definitions.--In this section:
(1) Border security.--The term ``border security'' means
the prevention of unlawful entries into the United States,
including entries by individuals, instruments of terrorism,
narcotics, and other contraband.
(2) Checkpoint.--The term ``checkpoint'' means a location--
(A) at which vehicles or individuals traveling
through the location are stopped by a law enforcement
official for the purposes of enforcement of United
States immigration laws and regulations; and
(B) that is not located at a port of entry along an
international border of the United States.
(3) Law enforcement official.--The term ``law enforcement
official'' means--
(A) an agent or officer of U.S. Customs and Border
Protection; or
(B) an officer or employee of a State, or a
political subdivision of a State, who is carrying out
the functions of an immigration officer pursuant to--
(i) an agreement entered into under section
287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g));
(ii) authorization under title IV of the
Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
(iii) any other agreement with the
Department of Homeland Security, including any
Federal grant program.
(4) Patrol stop.--The term ``patrol stop'' means search,
seizure, or interrogation of a motorist, passenger, or
pedestrian initiated anywhere except as part of an inspection
at a port of entry or a primary inspection at a checkpoint.
(5) Primary inspection.--The term ``primary inspection''
means an initial inspection of a vehicle or individual at a
checkpoint.
(6) Secondary inspection.--The term ``secondary
inspection'' means a further inspection of a vehicle or
individual that is conducted following a primary inspection.
(b) Data Collection by Law Enforcement Officials Enforcing United
States Laws and Regulations and Making Border Security Stops.--
(1) Requirement for data collection regarding stops and
searches.--A law enforcement official who initiates a patrol
stop or who detains any individual beyond a brief and limited
inquiry, such as a primary inspection at a checkpoint, shall
record--
(A) the date, time, and location of the contact;
(B) the identifying characteristics of such
individual, including the individual's perceived race,
gender, ethnicity, and approximate age;
(C) a description of any items seized during such
search, including contraband or money, and a
specification of the type of search conducted;
(D) whether any arrest, detention, warning, or
citation resulted from such contact;
(E) the immigration status of the individual, only
if obtained during the ordinary course of the contact
without additional questioning in accordance with this
section;
(F) if the contact involved an individual whose
primary language of communication is not English, the
means of communication used;
(G) whether a body-worn camera or any other video
or audio recording exists that recorded the stop or
detention; and
(H) if the contact was initiated by a State or
local law enforcement agency of a State, whether such
agency was acting pursuant to--
(i) an agreement entered into under section
287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g));
(ii) authorization under title IV of the
Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
(iii) pursuant to any other agreement with
the Department of Homeland Security, including
any Federal grant program.
(2) Requirement for u.s. customs and border protection data
collection regarding checkpoints.--The Commissioner of U.S.
Customs and Border Protection shall collect data regarding--
(A) the number of permanent and temporary
checkpoints utilized by agents and officers of U.S.
Customs and Border Protection;
(B) the location of each such checkpoint;
(C) the dates on which a temporary checkpoint was
used; and
(D) a description of each such checkpoint,
including the presence of any other law enforcement
agencies and the use of law enforcement resources, such
as canines and surveillance technologies, including
license plate readers.
(3) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with stakeholders, including research, civil,
and human rights organizations, shall promulgate regulations
relating to the collection and reporting of data required under
paragraphs (1) and (2). Such regulations shall--
(A) specify all data to be reported; and
(B) provide standards, definitions, and technical
specifications to ensure uniform reporting
(4) Compilation of data.--
(A) Department of homeland security law enforcement
officials.--The Secretary of Homeland Security shall--
(i) compile the data collected under
paragraph (1) by agents and officers of U.S.
Customs and Border Protection and the data
collected under paragraph (2) by the
Commissioner of U.S. Customs and Border
Protection; and
(ii) determine--
(I) whether any complaint was made
by the individual subject to the
contact under paragraph (1); and
(II) which oversight component
within or outside of the Department of
Homeland Security investigated the
complaint.
(B) Other law enforcement officials.--The head of
each agency, department, or other entity that employs
law enforcement officials other than agents and
officers referred to in subparagraph (A) shall--
(i) compile the data collected by such law
enforcement officials pursuant to paragraph
(1); and
(ii) submit the compiled data to the
Secretary of Homeland Security.
(5) Use of data.--The Secretary of Homeland Security shall
consider the data compiled pursuant to paragraph (4) in making
policy and program decisions.
(6) Audit and report.--Not later than 1 year after the
effective date of the regulations promulgated pursuant to
paragraph (3), the Comptroller General of the United States
shall--
(A) conduct an audit of the data compiled under
paragraph (4) to determine whether law enforcement
officials are complying with the data collection
requirements under paragraph (1); and
(B) submit a report to Congress that contains a
summary of the findings of such audit.
(c) Annual Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, the
Secretary of Homeland Security shall submit a report to
Congress containing the data compiled under subsection (b)(3),
including all such data for the previous year.
(2) Availability.--Each report submitted under paragraph
(1) shall be made available to the public, except for
particular data if the Secretary of Homeland Security--
(A) explicitly invokes an exemption contained in
paragraphs (1) through (9) of section 552(b) of title
5, United States Code; and
(B) provides a written explanation for the
exemption's applicability.
(3) Privacy.--The Secretary may not report unique personal
identifying information of persons stopped, searched, or
subjected to a property seizure, for purposes of this section.
(4) Publication.--The data compiled pursuant to subsection
(b)(3) shall be made available to the public to the extent the
release of such data is permissible under Federal law.
SEC. 7. REPORTING REQUIREMENTS.
(a) Annual CBP Report on Mission and Personnel by Border Patrol
Sector.--Not later than 1 year after the date of the enactment of this
Act and annually thereafter, the Commissioner of U.S. Customs and
Border Protection shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that includes, for
each Border Patrol sector--
(1) an assessment of the most appropriate, practical, and
cost effective means of defending the land borders of the
United States against threats to security and illegal transit,
including intelligence capacities, technology, equipment,
personnel, and training needed to address security
vulnerabilities;
(2) an assessment of staffing needs for all border security
functions, including an assessment of efforts to take into
account asylum seekers, trafficking victims, unaccompanied
children, and other vulnerable populations;
(3) a description of--
(A) the border security roles and missions of
Federal, State, regional, tribal, and local
authorities; and
(B) recommendations regarding actions the
Commissioner could carry out to improve coordination
with such authorities to enable border security
activities to be carried out in a more efficient and
effective manner;
(4) a description of ways to ensure that the free flow of
travel and commerce is not diminished by efforts, activities,
and programs aimed at securing the land borders of the United
States; and
(5) an impact assessment of the loss of trade and commerce
due to inadequate staffing at land ports of entry by U.S.
Customs and Border Protection agents and officers.
(b) Annual Report on Migrant Deaths.--
(1) CBP and ice.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Commissioner of U.S. Customs and Border Protection and the
Director of U.S. Immigration and Customs Enforcement shall
jointly submit a report to the Comptroller General of the
United States, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives regarding
deaths occurring along the United States-Mexico border,
including--
(A) the number of documented migrant deaths;
(B) a geographical breakdown of where such migrant
deaths occurred;
(C) the cause of death for each migrant, to the
extent such information is available;
(D) the extent to which border technology, physical
barriers, and enforcement programs have contributed to
such migrant deaths; and
(E) a detailed description of U.S. Customs and
Border Protection and U.S. Immigration and Customs
Enforcement programs or plans to reduce the number of
migrant deaths along the border, including an
assessment on the effectiveness of water supply sites
and rescue beacons.
(2) GAO review.--Not later than 90 days after the
submission of each report required under paragraph (1), the
Comptroller General of the United States shall review such
report to determine--
(A) the validity of U.S. Customs and Border
Protection's and U.S. Immigration and Customs
Enforcement's statistical analyses of migrant deaths;
(B) the extent to which U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement
have adopted simple and low-cost measures, such as
water supply sites and rescue beacons, to reduce the
frequency of migrants deaths;
(C) the extent to which U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement
measure the effectiveness of its programs to address
the frequency of migrant deaths; and
(D) the extent of data and information sharing and
cooperation among U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement, State and
local law enforcement, foreign diplomatic and consular
posts, and nongovernmental organizations--
(i) to accurately identify deceased
individuals;
(ii) to notify family members of such
deaths; and
(iii) to compare information to missing
persons registries.
(c) GAO Report on Use of Force.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study that examines the extent to
which U.S. Customs and Border Protection has clarified use of
force policies and submit a report to Congress containing the
results of such study, which shall include--
(A) the extent to which U.S. Customs and Border
Protection has implemented new training tactics to
improve use of force policies, including how the use of
force policies conform to Department of Homeland
Security and Federal law enforcement best practices;
(B) the extent to which U.S. Customs and Border
Protection has identified additional or alternative
weapons and equipment to improve agents' and officers'
abilities to de-escalate confrontations, including
protective gear;
(C) efforts to review and enhance current training
and tactics related to use of force, and to implement
reforms to ensure that agents and officers are better
equipped to assess and respond to threats;
(D) the extent to which U.S. Customs and Border
Protection has established a stakeholder engagement
framework to better inform and enhance U.S. Customs and
Border Protection's use of force training;
(E) the extent to which U.S. Customs and Border
Protection has established metrics--
(i) to track the effectiveness of use of
force training; and
(ii) to ensure the reporting of all uses of
force for review to determine whether the force
used was justified and whether it could have
been avoided through different tactics or
training, better supervision, different tools,
adherence to policy, or changes in policy;
(F) how U.S. Customs and Border Protection could
implement best law enforcement practices to improve
policies for transparent communication with family
members of individuals injured or killed by U.S.
Customs and Border Protection agent's and officer's use
of force, including--
(i) updates on any pending investigations;
and
(ii) policies for timely notification of
such injuries and deaths following such uses of
force to the Commissioner of U.S. Customs and
Border Protection or the Director of U.S.
Immigration and Customs Enforcement, the Joint
Intake Center of the Department of Homeland
Security, the Office of Inspector General of
the Department, the Office for Civil Rights and
Civil Liberties of the Department, the Offices
of Public Affairs of the Department, Congress,
and the applicable consulates, if appropriate;
(G) how recommendations and requests made by agents
and officers of U.S. Customs and Border Protection have
been received, reviewed, and, if possible, implemented
into the use of force policies and best practices of
U.S. Customs and Border Protection; and
(H) the extent to which U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement
electronically track personal searches and seizures of
personal items at the border, including an assessment
of how such information is used to inform U.S. Customs
and Border Protection policies and procedures.
(2) Implementation of gao findings.--
(A) In general.--The Secretary of Homeland Security
shall direct the Commissioner of U.S. Customs and
Border Protection to implement any recommendations
contained in the report required under paragraph (1).
(B) Notification requirement.--If the Secretary of
Homeland Security fails to implement such
recommendations, the Secretary shall submit written
notification to the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee
on Homeland Security of the House of Representatives
that explains why such recommendations have not been
implemented.
(d) CBP Report on Use of Body-Worn Cameras.--
(1) Defined term.--In this subsection, the term ``data''
means video and audio footage captured by a body-worn camera
during its use.
(2) In general.--Not later than 90 days after the date of
the enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives relating to the use, practices, and procedures
of body-worn cameras by U.S. Customs and Border Protection
agents and officers, including--
(A) the number of body-worn cameras in active use
within U.S. Customs and Border Protection;
(B) the location, broken down by station, in which
such body-worn cameras are in use;
(C) the rank and position of the agents and
officers of U.S. Customs and Border Protection at each
such station who are assigned body-worn cameras;
(D) the standing policies of U.S. Customs and
Border Protection regarding--
(i) the storage of body-worn camera data,
including additional requirements or decisions
that are unique to a particular sector;
(ii) the review of data from individual
body-worn cameras; and
(iii) the request for review of data from
individual body-worn cameras by U.S. Customs
and Border Protection personnel or civilians;
(E) the latest complaint reports from each sector
and location in which body-worn cameras are being used;
and
(F) any existing plan to implement, on a permanent
basis, the use of body-worn cameras by officers and
agents of U.S. Customs and Border Protection.
(3) GAO review.--Not later than 90 days after the
submission of the report required under paragraph (2), the
Comptroller General of the United States shall review such
report to determine--
(A) the extent to which U.S. Customs and Border
Protection has adopted measures related to body-worn
cameras; and
(B) the effectiveness of U.S. Customs and Border
Protection use, practices, and procedures of body-worn
cameras by agents and officers.
(e) Report on the Impact of Border Enforcement Technologies and
Operations on Border Communities.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the Judiciary of
the Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on the Judiciary of the House of
Representatives that assesses--
(1) the efforts and technologies used along United States
borders; and
(2) the impact on border communities of such efforts and
technologies on civil rights, private property rights, privacy
rights, and civil liberties.
(f) GAO Report on the Extent of CBP Activities, Operations, and
Claimed Authority.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the congressional committees referred to in
subsection (e) that assesses--
(1) the range of the current activities, operations
(including checkpoints), and claimed authority of U.S. Customs
and Border Protection;
(2) the extent to which the range of activities,
operations, and claimed authority referred to in paragraph (1)
is necessary for U.S. Customs and Border Protection's interior
enforcement; and
(3) the impact of U.S. Customs and Border Protection's
interior enforcement and activities described in paragraphs (1)
and (2) on civil, constitutional, and private property rights.
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