[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>