[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2367 Reported in Senate (RS)]
<DOC>
Calendar No. 675
118th CONGRESS
2d Session
S. 2367
[Report No. 118-272]
To improve border security through regular assessments and evaluations
of the Checkpoint Program Management Office and effective training of
U.S. Border Patrol agents regarding drug seizures.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2023
Mr. Scott of Florida (for himself, Ms. Sinema, and Mr. Ossoff)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
December 9, 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To improve border security through regular assessments and evaluations
of the Checkpoint Program Management Office and effective training of
U.S. Border Patrol agents regarding drug seizures.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLES.</DELETED>
<DELETED> This Act may be cited as the ``Continuing High-quality
Evaluations of Concerning and Known Persons Of Interest through
National Training updates Act'' or the ``CHECKPOINT Act''.</DELETED>
<DELETED>SEC. 2. IMPROVING BORDER SECURITY.</DELETED>
<DELETED> (a) Commissioner of U.S. Customs and Border Protection.--
</DELETED>
<DELETED> (1) Triennial assessments and evaluations.--Not
less frequently than once every 3 years, the Commissioner of
U.S. Customs and Border Protection shall--</DELETED>
<DELETED> (A) in consultation with the Office of
Intelligence and Analysis, the U.S. Customs and Border
Protection National Targeting Center, and other
relevant intelligence or law enforcement components of
the Department of Homeland Security, assess the drug
type categories available in the U.S. Customs and
Border Protection data systems to determine if such
categories adequately reflect the drug smuggling
scenarios encountered by U.S. Customs and Border
Protection officers and agents;</DELETED>
<DELETED> (B) evaluate the drug seizures portion of
the National Field Training Program to ensure proper
classification and recording of seized narcotics, such
as fentanyl, methamphetamine and counterfeit
prescription drugs; and</DELETED>
<DELETED> (C) assess the effectiveness of U.S.
Customs and Border Protection efforts to combat human
smuggling.</DELETED>
<DELETED> (2) Checkpoint program management office.--The
Chief, U.S. Border Patrol shall--</DELETED>
<DELETED> (A) update the roles and responsibilities
of the Checkpoint Program Management Office and
disseminate the updated roles and responsibilities to
all of the U.S. Border Patrol agents in each Border
Patrol sector; and</DELETED>
<DELETED> (B) develop and regularly update the
policies and procedures for immigration checkpoint
oversight activities of the Checkpoint Program
Management Office.</DELETED>
<DELETED> (3) U.S. border patrol immigration checkpoints.--
The Chief, U.S. Border Patrol shall--</DELETED>
<DELETED> (A) implement the Border Enforcement
Secondary Tool at immigration checkpoints, wherever
feasible, or implement any subsequent replacement
program; and</DELETED>
<DELETED> (B) require that secondary checkpoints use
all approved surveillance technologies, whenever
feasible, such as adopting license plate readers and
installing closed circuit televisions.</DELETED>
<DELETED> (b) Executive Assistant Commissioner, Office of Field
Operations.--The Executive Assistant Commissioner, Office of Field
Operations, shall--</DELETED>
<DELETED> (1) finalize and implement a plan to regularly
evaluate the drug seizures portion of the Post-Academy Program;
and</DELETED>
<DELETED> (2) regularly update the plan materials.</DELETED>
<DELETED> (c) Assistant Commissioner, Office of Intelligence.--The
Assistant Commissioner, Office of Intelligence, shall--</DELETED>
<DELETED> (1) establish the Southern Border Intelligence
Center to develop the understanding of the threat in the
environment along the international border between the United
States and Mexico and report annually to Congress regarding the
threat situation along such border;</DELETED>
<DELETED> (2) increase the capabilities of the CBP
Intelligence Watch and the CBP Joint Processing and Operations
Center to provide continuous support to combating transnational
criminal organizations and submit an annual report to Congress
on the status of such efforts;</DELETED>
<DELETED> (3) develop an intelligence research specialist
career path, training requirements, and intelligence enterprise
training academy to support border security, counter narcotic,
and checkpoint operations; and</DELETED>
<DELETED> (4) require that all intelligence research
specialists are trained to the applicable performance standards
and submit an annual report to Congress regarding the status of
the intelligence professional workforce.</DELETED>
<DELETED>SEC. 3. ANNUAL REPORT.</DELETED>
<DELETED> The Chief, U.S. Border Patrol shall submit an annual
report to Congress that describes the actions undertaken to ensure
that--</DELETED>
<DELETED> (1) the Checkpoint Program Management Office, in
coordination with U.S. Border Patrol sectors, is overseeing the
consistent and accurate recording of immigration checkpoint
activity data, including data regarding--</DELETED>
<DELETED> (A) apprehensions at checkpoints,
including smuggled people;</DELETED>
<DELETED> (B) canine assists with drug
seizures;</DELETED>
<DELETED> (C) seizures of trace amounts of
marijuana;</DELETED>
<DELETED> (D) drug seizures, including drug seizures
involving fentanyl mixed with another drug and drug
seizures of counterfeit drugs;</DELETED>
<DELETED> (E) non-drug property seizures;
and</DELETED>
<DELETED> (F) attempted checkpoint
circumventions;</DELETED>
<DELETED> (2) U.S. Border Patrol uses its data system to
document information about all people for whom a checkpoint
encounter leads to a subsequent enforcement action;
and</DELETED>
<DELETED> (3) the Checkpoint Program Management Office--
</DELETED>
<DELETED> (A) receives sustained oversight from the
Office of the Chief, U.S. Border Patrol;</DELETED>
<DELETED> (B) is held accountable for implementing
its checkpoint oversight responsibilities;
and</DELETED>
<DELETED> (C) is consistently and adequately
staffed.</DELETED>
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Continuing High-quality Evaluations
of Concerning and Known Persons Of Interest through National Training
Updates Act'' or the ``CHECKPOINT Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Checkpoint.--The term ``checkpoint'' means a permanent
or temporary checkpoint operated by the U.S. Border Patrol.
(2) Chief.--The term ``Chief'' means the Chief of the U.S.
Border Patrol.
(3) CPMO.--The term ``CPMO'' means the Checkpoint Program
Management Office established pursuant to section 3.
SEC. 3. IMPROVING BORDER SECURITY.
(a) Checkpoint Program Management Office.--
(1) Establishment.--The Commissioner for U.S. Customs and
Border Protection shall establish and operate, within the U.S.
Border Patrol, the Checkpoint Program Management Office, which
shall provide oversight over checkpoint operations nationwide.
(2) Assistant chief.--The Chief shall select an Assistant
Chief to manage the CPMO for a term of at least 2 years.
(3) Authorities, roles, and responsibilities.--Not later
than 180 days after the date of the enactment of this Act, the
Chief shall--
(A) issue a memorandum, or update relevant existing
memoranda, outlining the authority, roles, and
responsibilities of the CPMO; and
(B) provide copies of such new or updated memoranda
to the field points of contact designated pursuant to
section 4(b).
(b) CPMO Administration.--The Chief, working through the Assistant
Chief of the CPMO, shall--
(1) establish and maintain policies and standard operating
procedures that detail the authority, roles, and
responsibilities of the CPMO;
(2) provide oversight of checkpoint data quality and
accuracy to U.S. Border Patrol sectors that have checkpoints;
(3) provide regular training regarding policies, standard
operating procedures, data entry, and data quality and accuracy
to--
(A) employees of U.S. Border Patrol sectors with
checkpoints; and
(B) employees stationed where checkpoints have been
approved to operate;
(4) conduct regular reviews of checkpoint staffing and
resources;
(5) serve as the liaison with U.S. Border Patrol sector
officials with respect to any ongoing checkpoint issues,
including the field points of contact designated pursuant to
section 4(b); and
(6) coordinate regular reviews of checkpoint operations,
including covert testing by U.S. Customs and Border
Protection's Operational Field Testing Division.
SEC. 4. COORDINATION OF CHECKPOINT ACTIVITIES.
(a) Headquarters Coordination.--The Commissioner for U.S. Customs
and Border Protection shall require the CPMO to regularly coordinate
with offices of U.S. Customs and Border Protection that support
checkpoint operations, including--
(1) the U.S. Customs and Border Protection National Canine
Program;
(2) the U.S. Customs and Border Protection Operational
Field Testing Division;
(3) the U.S. Border Patrol Mission Support Directorate;
(4) the U.S. Border Patrol Strategic Planning and Analysis
Directorate; and
(5) the Office of Field Operations Non-Intrusive Inspection
Program office.
(b) Field Points of Contact.--The Chief shall require, in each U.S.
Border Patrol sector with checkpoints, a designated checkpoints point
of contact, who shall--
(1) serve as the liaison between U.S. Border Patrol sector
officials and the CPMO regarding checkpoint policies and
procedures;
(2) maintain responsibility for any communication related
to checkpoint policy updates and checkpoint training;
(3) coordinate with the sector-level data integrity team to
ensure sector checkpoint data reliability and accuracy; and
(4) meet on a regular basis with CPMO staff to discuss
policy updates, operational issues, and leading practices.
(c) Establishment of Standard Operating Procedures.--Not later than
180 days after the date of the enactment of this Act, the Chief shall
approve standard operating procedures for the CPMO, which shall govern
its checkpoint oversight activities, including--
(1) oversight of checkpoint data quality;
(2) reviews of checkpoint resources; and
(3) other activities identified by the Assistant Chief of
the CPMO.
SEC. 5. DATA COLLECTION.
(a) In General.--The Chief, in cooperation with the Assistant Chief
of the CPMO, shall require the regular collection of data, including
data relating to--
(1) apprehensions and seizures occurring at checkpoints;
(2) technology and assets used to carry out such
enforcement actions;
(3) people involved in such enforcement actions;
(4) apprehensions of smuggled people;
(5) canine assists with drug seizures;
(6) seizures of trace amounts of marijuana;
(7) non-drug property seizures; and
(8) attempted checkpoint circumventions.
(b) Secondary Inspections.--The Chief, in cooperation with the
Assistant Chief of the CPMO, shall require the regular collection of
data on secondary inspections that occur at checkpoints using--
(1) the Border Enforcement Secondary Tool;
(2) license plate reader technology; and
(3) any additional tools developed to document information
about secondary inspections at checkpoints.
(c) Data Collection Plan.--Not later than 180 days after the date
of the enactment of this Act, the Chief shall develop a plan, which
shall include goals and milestones--
(1) for improving checkpoint data collection;
(2) for improving checkpoint data reliability and accuracy;
and
(3) for addressing the checkpoint data collection issues
identified in recommendations 1 through 3 of the Government
Accountability Office's report entitled ``Border Patrol:
Actions Needed to Improve Checkpoint Oversight and Data'' (GAO-
22-104568), published on June 6, 2022.
(d) Annual Report.--The Chief, in collaboration with the Assistant
Chief of the CPMO, shall submit an annual 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
describes--
(1) the data collected pursuant to subsections (a) and (b);
(2) the steps taken to implement the plan developed
pursuant to subsection (c); and
(3) the actions taken to ensure oversight of the CPMO and
the operations of checkpoints.
Calendar No. 675
118th CONGRESS
2d Session
S. 2367
[Report No. 118-272]
_______________________________________________________________________
A BILL
To improve border security through regular assessments and evaluations
of the Checkpoint Program Management Office and effective training of
U.S. Border Patrol agents regarding drug seizures.
_______________________________________________________________________
December 9, 2024
Reported with an amendment