[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4303 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4303
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
March 26, 2014
Mr. O'Rourke (for himself, Mr. Pearce, and Mr. Vela) 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 2014''.
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.
(ii) Northern border subcommittee.--The
northern border subcommittee shall consist of
ten members from the northern border region,
including at least one uniformed agent or
officer of U.S. Customs and Border Protection,
in accordance with subparagraph (C).
(iii) Southern border subcommittee.--The
southern border subcommittee shall consist of
ten members from the southern border region,
including at least one uniformed agent or
officer of U.S. Customs and Border Protection,
in accordance with subparagraph (C).
(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 four
representatives from the northern border region
and four representatives from the southern
border region.
(ii) The House Speaker shall appoint three
representatives from the northern border region
and three representatives from the southern
border region.
(iii) The Senate Majority Leader shall
appoint three representatives from the northern
border region and three representatives 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.--Membership on the Commission and its
subcommittees shall to the greatest extent possible 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 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 and human 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 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 of border
enforcement personnel in accordance with section 6.
(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 publically
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 publically 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 Customs and Border
Protection officers, 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 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) 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 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.
``(f) 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.
``(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 Immigration
and Customs Enforcement, and the Commissioner of 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 (e) not later than 60 days
after a request from the Ombudsman for 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) shall 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
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) 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 Border
Patrol sector on the northern and southern borders.
``(2) Purposes.--Each Liaison Office under this subsection
shall--
``(A) foster cooperation between the 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 Border Patrol and the Office of Field Operations;
and
``(C) receive feedback from border communities on
the performance of the Border Patrol and the Office of
Field Operations.
``(3) Membership.--Each Liaison Office shall be comprised
of equal representation from the community and U.S. Customs and
Border Protection, including at least:
``(A) One member of the community in which each
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 non-uniformed Border Patrol agent with
significant experience working for the Border Patrol.
``(C) One non-uniformed CBP 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 subsection, 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 subsection, 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 establish policies and guidelines to 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 Border Patrol and the Office of Field Operations
before the initial assignment of such agents and officers, and eight
hours of training and continuing education annually thereafter. Such
training and continuing education shall be conducted by attorneys who
have experience with the Fourth Amendment to the Constitution,
including appropriate application of the use of force by agents and
officers of U.S. Customs and Border Protection. Such attorneys shall be
members of the Department of Homeland Security's Office of General
Counsel, and all instruction provided shall be in alignment with
curriculum developed and endorsed by FLETC.
(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
and U.S. Immigration and Customs Enforcement regarding border
awareness, accountability, and oversight. Such training with FLETC
shall include individual courses for each of the following issues:
(1) Community relations, including the following:
(A) Best practices in community policing.
(B) Policies limiting location of enforcement and
cooperation with local law enforcement.
(C) Best practices in responding to grievances and
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 of this Act.
(2) Interdiction, including the following:
(A) Instruction on formal and proper command
language.
(B) Situational awareness of what language is
appropriate.
(C) Legal application of use of force policies and
guidelines.
(D) Policies and training scenarios necessary to
ensure the agent or officer and the community is safe
when intervening in situations in urban areas,
including--
(i) scenario-based training and guidelines;
and
(ii) non-lethal force training and
certification on at least one non-lethal force
instrument, including tasers.
(E) Policies necessary to ensure the agent or
officer and the community is safe when intervening in
situations in rural and remote locations.
(3) Vulnerable populations, including instruction on
screening, identifying, and responding to vulnerable
populations, such as children and victims of human trafficking.
(4) Cultural and societal issues, including the following:
(A) Understanding of 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 border.
(D) Privacy considerations regarding border-related
technologies.
(5) Standards of professional conduct, including the
following:
(A) 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 protection of the
well-being of individuals.
(c) Supervisor Training.--In addition to the training and
continuing education required 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 and U.S. Immigration and Customs
Enforcement who attain a supervisory or management position. Such
training and continuing education shall include the following:
(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.
(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 and U.S. Immigration and Customs
Enforcement, as the case may be, are evaluated annually on their
actions and standards of conduct, and on 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
annually require all agents and officers of U.S. Customs and
Border Protection and U.S. Immigration and Customs Enforcement
who are required to undergo training under subsections (a)
through (c) 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 the subject matters
described in such subsections.
(2) Constitutional authority subject matter.--Continuing
education under this subsection shall include a course on
protecting the civil, constitutional, human, and privacy rights
of individuals, with special emphasis on the scope of
enforcement authority, including chain of evidence practices
and document seizure, and use of force policies available to
agents and officers.
(3) Additional subject matters.--Continuing education under
this subsection shall also include a course on the following:
(A) Scope of authority to conduct immigration
enforcement activities, including interviews,
interrogations, stops, searches, arrests, and
detentions, in addition to identifying and detecting
fraudulent documents.
(B) Identifying, screening, and responsibility for
vulnerable populations, such as children and victims of
trafficking.
(C) Cultural and societal issues, including
understanding of the diversity of immigrant
communities, language and basic cultural awareness of
major migrant-sending countries, and natural resource
protection and environmental policies along the border.
(4) Administration.--Courses offered as part of continuing
education under this subsection shall--
(A) be administered in consultation with FLETC by
the individual Border Patrol sectors and the 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) be approved by the Secretary of Homeland
Security before being offered to ensure that such
courses satisfy the requirements for training under
this section.
(5) Rotation.--Courses offered as part of continuing
education under this subsection shall include--
(A) a yearly course focusing on the curriculum
described in paragraph (2); and
(B) an additional course to be rotated on a three-
year basis focusing on curriculum described in
paragraph (3).
(f) 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 CBP 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 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 migrants
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, local
and State 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 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 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 agent's and officer's use
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 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, the Offices of Public
Affairs of the Department and U.S. Customs and Border
Protection, 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 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.
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