[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.
                                 <all>