118 S2367 RS: Continuing High-quality Evaluations of Concerning and Known Persons Of Interest through National Training updates Act
U.S. Senate
2024-12-09
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II
Calendar No. 675
118th CONGRESS
2d Session
S. 2367
[Report No. 118–272]
IN THE SENATE OF THE UNITED STATES
July 19, 2023
Mr. Scott of Florida (for himself, Ms. Sinema, and Mr. Ossoff) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
December 9, 2024
Reported by Mr. Peters, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To improve border security through regular assessments and evaluations of the Checkpoint Program Management Office and effective training of U.S. Border Patrol agents regarding drug seizures.
1.

Short titles
This Act may be cited as the “Continuing High-quality Evaluations of Concerning and Known Persons Of Interest through National Training updates Act” or the “CHECKPOINT Act”.
2.

Improving border security
(a)

Commissioner of U.S. Customs and Border Protection
(1)

Triennial assessments and evaluations
Not less frequently than once every 3 years, the Commissioner of U.S. Customs and Border Protection shall—
(A)
in consultation with the Office of Intelligence and Analysis, the U.S. Customs and Border Protection National Targeting Center, and other relevant intelligence or law enforcement components of the Department of Homeland Security, assess the drug type categories available in the U.S. Customs and Border Protection data systems to determine if such categories adequately reflect the drug smuggling scenarios encountered by U.S. Customs and Border Protection officers and agents;
(B)
evaluate the drug seizures portion of the National Field Training Program to ensure proper classification and recording of seized narcotics, such as fentanyl, methamphetamine and counterfeit prescription drugs; and
(C)
assess the effectiveness of U.S. Customs and Border Protection efforts to combat human smuggling.
(2)

Checkpoint program management office
The Chief, U.S. Border Patrol shall—
(A)
update the roles and responsibilities of the Checkpoint Program Management Office and disseminate the updated roles and responsibilities to all of the U.S. Border Patrol agents in each Border Patrol sector; and
(B)
develop and regularly update the policies and procedures for immigration checkpoint oversight activities of the Checkpoint Program Management Office.
(3)

U.S. border patrol immigration checkpoints
The Chief, U.S. Border Patrol shall—
(A)
implement the Border Enforcement Secondary Tool at immigration checkpoints, wherever feasible, or implement any subsequent replacement program; and
(B)
require that secondary checkpoints use all approved surveillance technologies, whenever feasible, such as adopting license plate readers and installing closed circuit televisions.
(b)

Executive Assistant Commissioner, Office of Field Operations
The Executive Assistant Commissioner, Office of Field Operations, shall—
(1)
finalize and implement a plan to regularly evaluate the drug seizures portion of the Post-Academy Program; and
(2)
regularly update the plan materials.
(c)

Assistant Commissioner, Office of Intelligence
The Assistant Commissioner, Office of Intelligence, shall—
(1)
establish the Southern Border Intelligence Center to develop the understanding of the threat in the environment along the international border between the United States and Mexico and report annually to Congress regarding the threat situation along such border;
(2)
increase the capabilities of the CBP Intelligence Watch and the CBP Joint Processing and Operations Center to provide continuous support to combating transnational criminal organizations and submit an annual report to Congress on the status of such efforts;
(3)
develop an intelligence research specialist career path, training requirements, and intelligence enterprise training academy to support border security, counter narcotic, and checkpoint operations; and
(4)
require that all intelligence research specialists are trained to the applicable performance standards and submit an annual report to Congress regarding the status of the intelligence professional workforce.
3.

Annual report
The Chief, U.S. Border Patrol shall submit an annual report to Congress that describes the actions undertaken to ensure that—
(1)
the Checkpoint Program Management Office, in coordination with U.S. Border Patrol sectors, is overseeing the consistent and accurate recording of immigration checkpoint activity data, including data regarding—
(A)
apprehensions at checkpoints, including smuggled people;
(B)
canine assists with drug seizures;
(C)
seizures of trace amounts of marijuana;
(D)
drug seizures, including drug seizures involving fentanyl mixed with another drug and drug seizures of counterfeit drugs;
(E)
non-drug property seizures; and
(F)
attempted checkpoint circumventions;
(2)
U.S. Border Patrol uses its data system to document information about all people for whom a checkpoint encounter leads to a subsequent enforcement action; and
(3)
the Checkpoint Program Management Office—
(A)
receives sustained oversight from the Office of the Chief, U.S. Border Patrol;
(B)
is held accountable for implementing its checkpoint oversight responsibilities; and
(C)
is consistently and adequately staffed.
1.

Short titles
This Act may be cited as the “Continuing High-quality Evaluations of Concerning and Known Persons Of Interest through National Training Updates Act” or the “CHECKPOINT Act”.
2.

Definitions
In this Act:
(1)

Checkpoint
The term checkpoint means a permanent or temporary checkpoint operated by the U.S. Border Patrol.
(2)

Chief
The term Chief means the Chief of the U.S. Border Patrol.
(3)

CPMO
The term CPMO means the Checkpoint Program Management Office established pursuant to section 3.
3.

Improving border security
(a)

Checkpoint Program Management Office
(1)

Establishment
The Commissioner for U.S. Customs and Border Protection shall establish and operate, within the U.S. Border Patrol, the Checkpoint Program Management Office, which shall provide oversight over checkpoint operations nationwide.
(2)

Assistant chief
The Chief shall select an Assistant Chief to manage the CPMO for a term of at least 2 years.
(3)

Authorities, roles, and responsibilities
Not later than 180 days after the date of the enactment of this Act, the Chief shall—
(A)
issue a memorandum, or update relevant existing memoranda, outlining the authority, roles, and responsibilities of the CPMO; and
(B)
provide copies of such new or updated memoranda to the field points of contact designated pursuant to section 4(b).
(b)

CPMO Administration
The Chief, working through the Assistant Chief of the CPMO, shall—
(1)
establish and maintain policies and standard operating procedures that detail the authority, roles, and responsibilities of the CPMO;
(2)
provide oversight of checkpoint data quality and accuracy to U.S. Border Patrol sectors that have checkpoints;
(3)
provide regular training regarding policies, standard operating procedures, data entry, and data quality and accuracy to—
(A)
employees of U.S. Border Patrol sectors with checkpoints; and
(B)
employees stationed where checkpoints have been approved to operate;
(4)
conduct regular reviews of checkpoint staffing and resources;
(5)
serve as the liaison with U.S. Border Patrol sector officials with respect to any ongoing checkpoint issues, including the field points of contact designated pursuant to section 4(b); and
(6)
coordinate regular reviews of checkpoint operations, including covert testing by U.S. Customs and Border Protection's Operational Field Testing Division.
4.

Coordination of checkpoint activities
(a)

Headquarters coordination
The Commissioner for U.S. Customs and Border Protection shall require the CPMO to regularly coordinate with offices of U.S. Customs and Border Protection that support checkpoint operations, including—
(1)
the U.S. Customs and Border Protection National Canine Program;
(2)
the U.S. Customs and Border Protection Operational Field Testing Division;
(3)
the U.S. Border Patrol Mission Support Directorate;
(4)
the U.S. Border Patrol Strategic Planning and Analysis Directorate; and
(5)
the Office of Field Operations Non-Intrusive Inspection Program office.
(b)

Field points of contact
The Chief shall require, in each U.S. Border Patrol sector with checkpoints, a designated checkpoints point of contact, who shall—
(1)
serve as the liaison between U.S. Border Patrol sector officials and the CPMO regarding checkpoint policies and procedures;
(2)
maintain responsibility for any communication related to checkpoint policy updates and checkpoint training;
(3)
coordinate with the sector-level data integrity team to ensure sector checkpoint data reliability and accuracy; and
(4)
meet on a regular basis with CPMO staff to discuss policy updates, operational issues, and leading practices.
(c)

Establishment of standard operating procedures
Not later than 180 days after the date of the enactment of this Act, the Chief shall approve standard operating procedures for the CPMO, which shall govern its checkpoint oversight activities, including—
(1)
oversight of checkpoint data quality;
(2)
reviews of checkpoint resources; and
(3)
other activities identified by the Assistant Chief of the CPMO.
5.

Data collection
(a)

In general
The Chief, in cooperation with the Assistant Chief of the CPMO, shall require the regular collection of data, including data relating to—
(1)
apprehensions and seizures occurring at checkpoints;
(2)
technology and assets used to carry out such enforcement actions;
(3)
people involved in such enforcement actions;
(4)
apprehensions of smuggled people;
(5)
canine assists with drug seizures;
(6)
seizures of trace amounts of marijuana;
(7)
non-drug property seizures; and
(8)
attempted checkpoint circumventions.
(b)

Secondary inspections
The Chief, in cooperation with the Assistant Chief of the CPMO, shall require the regular collection of data on secondary inspections that occur at checkpoints using—
(1)
the Border Enforcement Secondary Tool;
(2)
license plate reader technology; and
(3)
any additional tools developed to document information about secondary inspections at checkpoints.
(c)

Data collection plan
Not later than 180 days after the date of the enactment of this Act, the Chief shall develop a plan, which shall include goals and milestones—
(1)
for improving checkpoint data collection;
(2)
for improving checkpoint data reliability and accuracy; and
(3)
for addressing the checkpoint data collection issues identified in recommendations 1 through 3 of the Government Accountability Office’s report entitled “Border Patrol: Actions Needed to Improve Checkpoint Oversight and Data” (GAO-22-104568), published on June 6, 2022.
(d)

Annual report
The Chief, in collaboration with the Assistant Chief of the CPMO, shall submit an annual report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes—
(1)
the data collected pursuant to subsections (a) and (b);
(2)
the steps taken to implement the plan developed pursuant to subsection (c); and
(3)
the actions taken to ensure oversight of the CPMO and the operations of checkpoints.
December 9, 2024
Reported with an amendment