Border Enforcement Accountability, Oversight, and Community Engagement Act of 2017
This bill establishes: (1) the Department of Homeland Security Border Oversight Commission, and (2) a northern border subcommittee and a southern border subcommittee within the commission.
The commission and the subcommittees shall: (1) recommend border enforcement policy improvements; (2) evaluate policies of federal agencies operating along the borders to protect due process and human rights of border residents and visitors, protect land owner private property rights, and reduce the number of migrant deaths; (3) recommend safety improvements for U.S. Customs and Border Protection (CBP) personnel; and (4) evaluate training and the extent to which CBP supervisory and management personnel practices encourage workforce development and promote field safety.
The Homeland Security Act of 2002 is amended to rename the position of Citizenship and Immigration Services Ombudsman in the Department of Homeland Security (DHS) as the Ombudsman for Border and Immigration Related Concerns. Related function and administrative provisions are revised, including requiring the ombudsman to establish a Border Community Liaison Office in each Border Patrol sector on the northern and southern borders.
The bill sets forth specified training and continuing education requirements for CBP personnel.
DHS shall submit to Congress an assessment of current guidelines for managing ports of entry under DHS control.
The bill requires: (1) the CBP to report to Congress regarding deaths occurring along the U.S.-Mexico border and the Government Accountability Office (GAO) to review such report; (2) the GAO to examine the extent to which the CBP has clarified use of force policies and DHS to require the CBP to implement any recommendations contained in such examination; and (3) the CBP to report to Congress on body camera use.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3020 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3020
To increase transparency, accountability, and community engagement
within U.S. Customs and Border Protection, provide independent
oversight of border security activities, improve training for U.S.
Customs and Border Protection agents and officers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2017
Mr. O'Rourke (for himself and Mr. Pearce) introduced the following
bill; which was referred to the Committee on Homeland Security, and in
addition to the Committees on the Judiciary, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To increase transparency, accountability, and community engagement
within U.S. Customs and Border Protection, provide independent
oversight of border security activities, improve training for U.S.
Customs and Border Protection agents and officers, 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 Enforcement Accountability,
Oversight, and Community Engagement Act of 2017''.
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'' (in this Act
referred to as the ``Commission'').
(2) Organization.--
(A) Leadership.--The Commission shall be led by a
Chair and Vice Chair.
(B) Subcommittees.--
(i) In general.--The Chair shall establish
within the Commission two subcommittees that
will be comprised of representatives from each
State on the northern border and each State on
the southern border, as described in clauses
(ii) and (iii), respectively.
(ii) Northern border subcommittee.--
(I) In general.--The northern
border subcommittee shall consist of
eight members from the northern border
region, and at least one uniformed,
nonsupervisory agent or officer of U.S.
Customs and Border Protection, in
accordance with subparagraph (C).
(II) Composition.--The northern
border region is composed of the
following States:
(aa) Maine.
(bb) Michigan.
(cc) Montana.
(dd) New York.
(ee) North Dakota.
(ff) Ohio.
(gg) Vermont.
(hh) Washington.
(III) Operation.--For purposes of
membership on the northern border
subcommittee, each State in the
northern border region may appoint one
member to serve on such subcommittee.
(iii) Southern border subcommittee.--
(I) In general.--The southern
border subcommittee shall consist of
nine members from the southern border
region, and at least one uniformed,
nonsupervisory agent or officer of U.S.
Customs and Border Protection, in
accordance with subparagraph (C).
(II) Composition.--The southern
border region is composed of the
following States:
(aa) Arizona.
(bb) California.
(cc) Nevada.
(dd) New Mexico.
(ee) Texas.
(III) Operation.--For purposes of
membership on the southern border
subcommittee, the four states located
on the United States-Mexico border may
appoint two members and Nevada may
appoint one member to serve on such
subcommittee.
(iv) Election.--Members of the northern and
southern border subcommittees shall elect the
Chair and Vice Chair of the Commission from
among its members. The Chair and Vice Chair may
not be from the same subcommittee.
(C) Appointment process.--Members of the Commission
shall be appointed as follows:
(i) The President shall appoint three
representatives from the northern border region
and three representatives from the southern
border region.
(ii) The Speaker of the House of
Representatives shall appoint two
representatives from the northern border region
and two representatives from the southern
border region.
(iii) The Majority Leader of the Senate
shall appoint two representatives from the
northern border region and two representatives
from the southern border region.
(iv) The Minority Leader of the House of
Representatives shall appoint one
representative from the northern border region
and one representative from the southern border
region.
(v) The Minority Leader of the Senate shall
appoint one representative from the northern
border region and one representative from the
southern border region.
(D) Appointment deadline.--Members of the
Commission shall be appointed not later than 180 days
after the date of the enactment of this Act.
(E) Terms of office.--The Chair and Vice Chair of
the Commission shall serve for terms of four years.
Members of the northern border and southern border
subcommittees shall serve for terms of four years.
(3) Qualifications.--Members of the Commission and its
subcommittees shall to the greatest extent possible reside
within 100 miles of the northern or southern border, and shall
include security experts, training experts, civil rights and
civil liberties experts, representatives of faith based
organizations, officials from local law enforcement on the
northern and southern borders, officials from local government
on the northern and southern borders, and individuals
representing business and civic organizations along the
northern and southern borders.
(4) 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.
(5) Duties.--The Commission, and the northern border and
southern border subcommittees, 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 borders to--
(i) protect--
(I) due process;
(II) the civil, human, and privacy
rights of border residents and
visitors; and
(III) private property rights of
land owners;
(ii) reduce the number of migrant deaths;
and
(iii) 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 when such agents and
officers are in the field; and
(D) evaluate training, including establishing
training courses related to management and leadership
skills for supervisors in each U.S. Border Patrol
sector and at each port of entry on the northern and
southern borders, the extent to which supervisory and
management personnel practices at U.S. Customs and
Border Protection encourage and facilitate workforce
development for agents and officers, promote agent and
officer field safety, and post-FLETC training and
continuing education of border enforcement personnel in
accordance with section 4.
(6) Additional responsibilities.--
(A) In general.--In carrying out the duties
specified in paragraph (5), the Commission shall take
into consideration any recommendations and evaluations
agreed upon by the northern border and southern border
subcommittees.
(B) Subcommittee reports.--The northern border and
southern border subcommittees shall annually submit to
the Chair and Vice Chair of the Commission a publicly
available report containing the recommendations and
evaluations of the subcommittees pursuant to paragraph
(5).
(7) Prohibition on compensation.--Members of the Commission
and the northern border and southern border subcommittees may
not receive pay, allowances, or benefits from the Government by
reason of their service on the Commission or the subcommittees.
(b) Powers of the Commission.--
(1) In general.--
(A) Hearings and evidence.--The Commission or, on
the authority of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
this Act--
(i) hold such hearings, and sit and act at
such times and places, take such testimony,
receive such evidence, and administer such
oaths, and
(ii) subject to subparagraph (B), require,
by subpoena or otherwise, the attendance and
testimony of such witnesses and the production
of such books, records, correspondence,
memoranda, papers, and documents,
as the Commission or such designated subcommittee or
designated member determines necessary to carry out its
duties under subsection (a)(5).
(B) Subpoenas.--
(i) Issuance.--A subpoena may be issued
under this subsection only by--
(I) the Chair and Vice Chair of the
Commission; or
(II) a recorded vote of two-thirds
of the members of the northern border
or southern border subcommittees, as
the case may be.
(ii) Service.--Subpoenas issued under this
subsection may be served by--
(I) any person designated by the
Chair or the Vice Chair of the
Commission; or
(II) any member of the Commission
designated by a majority of the
Commission.
(iii) Enforcement.--
(I) In general.--In the case of
contumacy or failure to obey a subpoena
issued under this subsection, the
United States district court for the
judicial district in which the
subpoenaed person resides, is served,
or may be found, or where the subpoena
is returnable, may issue an order
requiring such person to appear at any
designated place to testify or to
produce documentary or other evidence.
Any failure to obey the order of the
court may be punished by the court as
contempt of that court.
(II) Additional measures.--In the
case of any failure of an individual to
comply with any subpoena issued under
this section, the Commission, may, by a
majority vote, certify a statement of
fact constituting such failure to the
appropriate United States attorney.
(iv) Limitation.--A subpoena may be issued
only if the Commission certifies to the
Secretary of Homeland Security that such
issuance is necessary to carry out its duties
under subsection (a)(5), and that all
reasonable efforts will be taken to limit the
disclosure of personally identifiable
information to the greatest extent possible.
(c) Savings Provision.--Nothing in this Act may be construed as
affecting in any manner 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 annually submit
to the Secretary of Homeland Security a publicly available
report containing information on the activities, findings, and
recommendations of the Commission, including the northern
border and southern border subcommittees, for the preceding
year.
(2) Congressional notification.--The Secretary of Homeland
Security shall brief the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate on each report required
under paragraph (1).
SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND
IMMIGRATION RELATED CONCERNS.
(a) In General.--Section 452 of the Homeland Security Act of 2002
(6 U.S.C. 272) is amended to read as follows:
``SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION RELATED CONCERNS.
``(a) In General.--There shall be within the Department an
Ombudsman for Border and Immigration Related Concerns (in this section
referred to as the `Ombudsman'). The individual appointed as Ombudsman
shall have a background in immigration or civil liberties law or law
enforcement. The Ombudsman 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 functions of the Ombudsman shall be as
follows:
``(1) To 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) To conduct inspections of the facilities, including
contract facilities, of U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement, and U.S. Citizenship
and Immigration Services.
``(3) To assist individuals and families who have been
victims of crimes committed by aliens or of violence near the
United States border, and individuals and families impacted by
situations in which the Department has exercised force.
``(4) To 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) To 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) To 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) To establish a uniform and standardized complaint
process regarding complaints against all U.S. Customs and
Border Protection officers, U.S. Border Patrol agents, and CBP
Agricultural Specialists for violations of standards of
professional conduct. Such complaint process shall have the
following components:
``(A) Require that all complaints receive an
independent review and investigation completed not
later than one year from the date of receipt of each
such complaint.
``(B) Require that complainants receive written
confirmation of receipt of their complaints not later
than 90 days from the date of receipt of each such
complaint, and a written summary regarding the outcome
of such complaints not later than one year after such
date of receipt, including findings of fact,
recommended action, and available redress.
``(C) Feature 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.
Information relating to such form shall be visible at
ports of entry and at U.S. Border Patrol interior
checkpoints.
``(D) Include procedures for referring complaints
to the Office for Civil Rights and Civil Liberties,
Office of the Inspector General, or other appropriate
agency of the Department of Homeland Security.
``(E) Establish a publicly accessible national,
standardized database capable of tracking and analyzing
complaints and their resolution.
``(F) Provide publicly accessible records, with
copies of complaints, and their resolutions permanently
preserved and available for inspection, while
maintaining the confidentiality of complainants'
identities.
``(8) To establish an online detainee locator system for
individuals held in U.S. Customs and Border Protection custody.
``(e) Complainants.--The following shall apply to all complainants:
``(1) Any interested party, including a legal
representative, may file a complaint through the complaint
procedure pursuant to subsection (d)(7).
``(2) Complainants and other individuals identified in a
complaint shall be protected from retaliatory action by law
enforcement or by any officer of the United States based on the
content of such complaint, and 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) Neither the filing of a complaint nor the contents of
a complaint shall in any way confer immunity or otherwise
impact any removal or criminal proceedings against a
complainant or an individual identified in such complaint.
``(4) No personally identifiable information related to an
individual involved in a complaint which would result in
identification of such individual may be published.
``(5) 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.
``(f) 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) make available a paper-based complaint form that
includes the same information as the online-based complaint
form and that is available upon request at all ports of entry
along the northern and southern borders and at U.S. Border
Patrol stations in each U.S. Border Patrol sector;
``(5) 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;
``(6) provide a 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;
and
``(7) be subject to subparagraph (B) of section 7114(a)(2)
of title 5, United States Code, with respect to all Ombudsman
investigations and interviews.
``(g) Request for Investigations.--The Ombudsman is authorized to
request the Inspector General of the Department to conduct inspections,
investigations, and audits related to 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 within 60 days of
receiving such recommendations.
``(2) Access to information.--The Secretary shall establish
procedures to provide the Ombudsman access to all departmental
records necessary to execute the responsibilities of the
Ombudsman under subsection (d) or (f) not later than 60 days
after a request from the Ombudsman for such information.
``(3) Joint intake center consolidation.--The Secretary
shall establish procedures to consolidate all border and
immigration related complaints submitted to the Joint Intake
Center of the Department to the Ombudsman. Such procedures
shall include the following:
``(A) Authorization for the Ombudsman to refer
cases to the Inspector General or the Office of
Internal Affairs of the Department or affiliated agency
for investigation and remediation of specific cases.
``(B) Authorization for the Ombudsman to refer
cases to U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement, as the case may
be, for investigation and remediation by chain of
command within each respective agency.
``(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 year
beginning in the year after the date of the enactment of this
subsection, the Ombudsman shall submit to the appropriate congressional
committees a report that includes the following:
``(1) The number and type of complaints received in each
U.S. Border Patrol sector, the demographics of complainants,
the results of investigations, including violations of
standards and any disciplinary actions taken, and an
identification of any complaint patterns that could be
prevented or reduced by policy training or practice changes.
``(2) An inventory of complaints referred to in paragraph
(1) for which action has been taken and the time between
receipt and resolution of each such complaint.
``(3) An inventory of complaints referred to in paragraph
(1) for which action has not been taken after one year, the
period during which each complaint has been open, and the
reason for failure to resolve each such complaint.
``(4) Recommendations 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.
``(5) Information relating to consolidation of complaints
submitted to the Joint Intake Center of the Department, in
accordance with paragraph (3) of subsection (h).
``(6) Other information as the Ombudsman determines
advisable.
``(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 (in this
subsection referred to as the `Liaison Office') in each U.S.
Border Patrol sector on the northern and southern borders.
``(2) Purposes.--Each Liaison Office under this subsection
shall--
``(A) foster cooperation between the U.S. Border
Patrol, the Office of Field Operations of the
Department, and border communities;
``(B) consult with border communities on the
development of policies, directives, and programs of
the U.S. Border Patrol and the Office of Field
Operations; and
``(C) receive feedback from border communities on
the performance of the U.S. Border Patrol and the
Office of Field Operations.
``(3) Membership.--Each Liaison Office shall be comprised
of representation from the community and U.S. Customs and
Border Protection, including at least the following:
``(A) One 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) One nonuniformed U.S. Border Patrol agent
with significant experience working for the U.S. Border
Patrol.
``(C) One nonuniformed U.S. Customs and Border
Protection officer with significant experience working
for U.S. Customs and Border Protection.
``(l) 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 section, the Secretary shall submit to
the appropriate congressional committees a report that assesses current
efforts and technologies used at United States borders, and the impact
on border communities of such efforts and technologies on civil rights,
private property rights, privacy rights, and civil liberties.
``(m) GAO Report on the Extent of CBP Activities, Operations, and
Claimed Authority.--Not later than one year after the date of the
enactment of this section, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report that
assesses the following issues:
``(1) How far into the United States interior the current
activities, operations (including checkpoints), and claimed
authority of U.S. Customs and Border Protection extend.
``(2) The extent to which the area of activities,
operations, and claimed authority referred to in paragraph (1)
is necessary.
``(3) The effectiveness of U.S. Customs and Border
Protection's interior enforcement and its impact on civil,
constitutional, and private property rights.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by amending the item relating to
section 452 to read as follows:
``Sec. 452. 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.--The Secretary of
Homeland Security shall ensure that every agent and officer of U.S.
Customs and Border Protection receives a minimum of 19 weeks of
training that are directly related to the mission of the U.S. Border
Patrol and the Office of Field Operations of the Department of Homeland
Security before the initial assignment of such agents and officers, and
eight hours of continuing education annually thereafter.
(b) FLETC.--The Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection, shall work in
consultation with the Director of the Federal Law Enforcement Training
Centers to establish guidelines and curriculum for the training of
agents and officers of U.S. Customs and Border Protection under
subsection (a).
(c) Continuing Education.--The Secretary of Homeland Security shall
annually require all agents and officers of U.S. Customs and Border
Protection who are required to undergo training under subsection (a) to
participate in continuing education to maintain and update
understanding of Federal legal rulings, court decisions, and Department
of Homeland Security policies, procedures, and guidelines related to
relevant subject matters.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report identifying the guidelines and curriculum established
to carry out subsection (a).
(e) Assessment.--Not later than six years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report 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
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report that contains an assessment of the current standards
and guidelines for managing ports of entry under the control of the
Department of Homeland Security. Such assessment shall include
information relating to the following:
(1) Staffing levels and the need for additional staffing.
(2) Rules governing the actions of Office of Field
Operations agents.
(3) Average delays for transit through air, land, and sea
ports of entry.
(4) An assessment of existing efforts and technologies used
for border security, and the effect of the use of such efforts
and technologies on facilitating trade at ports of entry and
their impact on civil rights, private property rights, privacy
rights, and civil liberties.
(5) The economic impact of the policies and practices of
CBP Agricultural Specialists and Office of Field Operations
work.
(6) Physical infrastructure and technological needs at
ports of entry.
(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, the following:
(1) Increasing levels of staffing of CBP Agricultural
Specialists at ports of entry at which delays hinder or
negatively impact the local or national economies.
(2) Increasing the use of or updating technology at ports
of entry at which there are average delays of over two hours
based on U.S. Customs and Border Protection data collected
during the previous fiscal year.
(3) Publishing rules on the handling of documents at ports
of entry.
(4) Establishing standards of conduct and demeanor when
interacting with vulnerable populations, such as children and
victims of human trafficking, and individuals with border
crossing cards.
(5) Establishing training courses relating to management
and leadership skills for supervisors and managers at ports of
entry.
SEC. 6. REPORTING REQUIREMENTS.
(a) CBP Report on Migrant Deaths.--Not later than 180 days after
the date of the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report relating to
deaths occurring along the United States-Mexico border, including
information on the following:
(1) The number of documented migrant deaths.
(2) A geographical breakdown of where such migrant deaths
occur.
(3) To the extent possible, the cause of death for each
migrant.
(4) The extent to which border technology, physical
barriers, and enforcement programs have contributed to such
migrant deaths.
(5) A detailed description of U.S. Customs and Border
Protection 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.
(b) GAO Report on Migrant Deaths.--Not later than 90 days after the
submission of the report required under subsection (a), the Comptroller
General of the United States shall review such report to determine the
following:
(1) The validity of U.S. Customs and Border Protection's
statistical analysis of migrant deaths.
(2) The extent to which U.S. Customs and Border Protection
has adopted simple and low-cost measures, such as water supply
sites and rescue beacons, to reduce the frequency of migrant
deaths.
(3) The extent to which U.S. Customs and Border Protection
measures the effectiveness of its programs to address the
frequency of migrant deaths.
(4) The extent of data and information sharing and
cooperation between U.S. Customs and Border Protection, State
and local law enforcement, foreign diplomatic and consular
posts, and nongovernmental organizations to accurately identify
deceased individuals and notify family members and compare
information to missing persons registries.
(c) GAO Report on Use of Force.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall examine the extent to which U.S. Customs
and Border Protection has clarified use of force policies,
including the following (and any recommendations related to the
following):
(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 policy conforms 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, including protective gear and
body-worn cameras, to improve agents' and officers'
abilities to lawfully and properly engage and interact
with individuals.
(C) Efforts to review and enhance current training
and tactics related to use of force, and to implement
reforms to ensure 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 to track the
effectiveness of use of force training and 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 agents' or officers' uses
of force, including updates on any pending
investigations, and policies for timely notification of
such injuries and deaths following such uses of force
to the Commissioner of U.S. Customs and Border
Protection, 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, and the Office 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 U.S. Customs and Border Protection and Department
of Homeland Security use of force policies and best
practices.
(H) The extent to which U.S. Customs and Border
Protection electronically tracks personal searches and
seizures of personal items at the border, and an
assessment of how such information is used to inform
U.S. Customs and Border Protection policies and
procedures.
(2) Implementation of gao findings.--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). If the
Secretary does not so implement such recommendations, the
Secretary shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a written
notification explaining why such recommendations are not being
so implemented.
(d) CBP Report on Use of Body Cameras.--
(1) 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 to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report relating to the use, practices, and procedures of body
cameras within U.S. Customs and Border Protection, including
information on the following:
(A) The number of body cameras currently in active
use within U.S. Customs and Border Protection.
(B) The location, broken down by station, not
sector, in which such body cameras are in use.
(C) The rank and position of agents and officers of
U.S. Customs and Border Protection at each such
location who are assigned body cameras.
(D) The standing policy of U.S. Customs and Border
Protection regarding the storage of body camera data,
including additional requirements or decisions left to
each sector.
(E) The standing policy of U.S. Customs and Border
Protection regarding the review of data from individual
body cameras.
(F) The standing policy of U.S. Customs and Border
Protection regarding the request for review of data
from individual body cameras by either U.S. Customs and
Border Protection personnel or civilians.
(G) The latest complaint reports from each sector
and location with body cameras in current use.
(2) Data defined.--For purposes of this subsection, the
term ``data'' means video and audio footage captured by a body
camera during its use.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.
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