I 

114TH CONGRESS 

1ST SESSION H. R. 3576 

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 

SEPTEMBER 18, 2015 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Border Enforcement 

3 Accountability, Oversight, and Community Engagement 

4 Act of 2015’’. 

5 SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 

6 (a) DEPARTMENT OF HOMELAND SECURITY BORDER

7 OVERSIGHT COMMISSION.— 

8 (1) ESTABLISHMENT.—There is established an 

9 independent commission, which shall be known as 

10 the ‘‘Department of Homeland Security Border 

11 Oversight Commission’’ (in this Act referred to as 

12 the ‘‘Commission’’). 

13 (2) ORGANIZATION.— 

14 (A) LEADERSHIP.—The Commission shall 

15 be led by a Chair and Vice Chair. 

16 (B) SUBCOMMITTEES.— 

17 (i) IN GENERAL.—The Chair shall es18 tablish within the Commission two sub19 committees that will be comprised of rep20 resentatives from each State on the north21 ern border and each State on the southern 

22 border. 

23 (ii) NORTHERN BORDER SUB24 COMMITTEE.—The northern border sub25 committee shall consist of ten members 

26 from the northern border region, including 


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1 at least one uniformed, non-supervisory 

2 agent or officer of U.S. Customs and Bor3 der Protection, in accordance with sub4 paragraph (C). 

5 (iii) SOUTHERN BORDER SUB6 COMMITTEE.—The southern border sub7 committee shall consist of ten members 

8 from the southern border region, including 

9 at least one uniformed, non-supervisory 

10 agent or officer of U.S. Customs and Bor11 der Protection, in accordance with sub12 paragraph (C). 

13 (iv) ELECTION.—Members of the 

14 northern and southern border subcommit15 tees shall elect the Chair and Vice Chair of 

16 the Commission from among its members. 

17 The Chair and Vice Chair may not be from 

18 the same subcommittee. 

19 (C) APPOINTMENT PROCESS.—Members of 

20 the Commission shall be appointed as follows: 

21 (i) The President shall appoint four 

22 representatives from the northern border 

23 region and four representatives from the 

24 southern border region. 


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1 (ii) The House Speaker shall appoint 

2 three representatives from the northern 

3 border region and three representatives 

4 from the southern border region. 

5 (iii) The Senate Majority Leader shall 

6 appoint three representatives from the 

7 northern border region and three rep8 resentatives from the southern border re9 gion. 

10 (D) APPOINTMENT DEADLINE.—Members 

11 of the Commission shall be appointed not later 

12 than 180 days after the date of the enactment 

13 of this Act. 

14 (E) TERMS OF OFFICE.—The Chair and 

15 Vice Chair of the Commission shall serve for 

16 terms of four years. Members of the northern 

17 border and southern border subcommittees shall 

18 serve for terms of four years. 

19 (3) QUALIFICATIONS.—Membership on the 

20 Commission and its subcommittees shall to the 

21 greatest extent possible reside within 100 miles of 

22 the northern or southern border and shall include 

23 security experts, training experts, civil rights and 

24 civil liberties experts, representatives of faith based 

25 organizations, officials from local law enforcement 


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1 on the northern and southern borders, officials from 

2 local government on the northern and southern bor3 ders, and business and civic organizations along the 

4 northern and southern borders. 

5 (4) MEETINGS.— 

6 (A) COMMISSION.—The Commission shall 

7 meet at least semiannually, and may convene 

8 additional meetings as necessary. 

9 (B) SUBCOMMITTEES.—The northern bor10 der and southern border subcommittees shall 

11 meet at least quarterly, and may convene addi12 tional meetings as necessary. 

13 (5) DUTIES.—The Commission, and the north14 ern border and southern border subcommittees, 

15 shall— 

16 (A) develop recommendations for improve17 ments regarding border enforcement policies, 

18 strategies, and programs that take into consid19 eration their impact on border communities; 

20 (B) evaluate policies, strategies, and pro21 grams of Federal agencies operating along the 

22 northern and southern borders to— 

23 (i) protect— 

24 (I) due process; 


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1 (II) the civil and human rights of 

2 border residents and visitors; and 

3 (III) private property rights of 

4 land owners; 

5 (ii) reduce the number of migrant 

6 deaths; and 

7 (iii) improve the safety of agents and 

8 officers of U.S. Customs and Border Pro9 tection; 

10 (C) develop recommendations for improve11 ments regarding the safety of agents and offi12 cers of U.S. Customs and Border Protection 

13 when such agents and officers are in the field; 

14 and 

15 (D) evaluate training, including estab16 lishing training courses related to management 

17 and leadership skills for supervisors in each 

18 Border Patrol sector and at each port of entry 

19 on the northern and southern borders, the ex20 tent to which supervisory and management per21 sonnel practices at U.S. Customs and Border 

22 Protection encourage and facilitate workforce 

23 development for agents and officers, promote 

24 agent and officer field safety, and post-FLETC 

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1 forcement personnel in accordance with section 

2 4. 

3 (6) ADDITIONAL RESPONSIBILITIES.— 

4 (A) IN GENERAL.—In carrying out the du5 ties specified in paragraph (5), the Commission 

6 shall take into consideration any recommenda7 tions and evaluations agreed upon by the north8 ern border and southern border subcommittees. 

9 (B) SUBCOMMITTEE REPORTS.—The 

10 northern border and southern border sub11 committees shall annually submit to the Chair 

12 and Vice Chair of the Commission a publically 

13 available report containing the recommenda14 tions and evaluations of the subcommittees pur15 suant to paragraph (5). 

16 (7) PROHIBITION ON COMPENSATION.—Mem17 bers of the Commission and the northern border and 

18 southern border subcommittees may not receive pay, 

19 allowances, or benefits from the Government by rea20 son of their service on the Commission or the sub21 committees. 

22 (b) POWERS OF THE COMMISSION.— 

23 (1) IN GENERAL.— 

24 (A) HEARINGS AND EVIDENCE.—The 

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1 mission, any subcommittee or member thereof, 

2 may, for the purpose of carrying out this Act— 

3 (i) hold such hearings, and sit and act 

4 at such times and places, take such testi5 mony, receive such evidence, and admin6 ister such oaths, and 

7 (ii) subject to subparagraph (B), re8 quire, by subpoena or otherwise, the at9 tendance and testimony of such witnesses 

10 and the production of such books, records, 

11 correspondence, memoranda, papers, and 

12 documents, 

13 as the Commission or such designated sub14 committee or designated member determines 

15 necessary to carry out its duties under sub16 section (a)(5). 

17 (B) SUBPOENAS.— 

18 (i) ISSUANCE.—A subpoena may be 

19 issued under this subsection only by— 

20 (I) the Chair and Vice Chair of 

21 the Commission; or 

22 (II) a recorded vote of two-thirds 

23 of the members of the northern border 

24 or southern border subcommittees, as 

25 the case may be. 


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1 (ii) SERVICE.—Subpoenas issued 

2 under this subsection may be served by— 

3 (I) any person designated by the 

4 Chair or the Vice Chair of the Com5 mission; or 

6 (II) any member of the Commis7 sion designated by a majority of the 

8 Commission. 

9 (iii) ENFORCEMENT.— 

10 (I) IN GENERAL.—In the case of 

11 contumacy or failure to obey a sub12 poena issued under this subsection, 

13 the United States district court for 

14 the judicial district in which the sub15 poenaed person resides, is served, or 

16 may be found, or where the subpoena 

17 is returnable, may issue an order re18 quiring such person to appear at any 

19 designated place to testify or to 

20 produce documentary or other evi21 dence. Any failure to obey the order of 

22 the court may be punished by the 

23 court as contempt of that court. 

24 (II) ADDITIONAL MEASURES.—In 

25 the case of any failure of an individual 


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1 to comply with any subpoena issued 

2 under this section, the Commission, 

3 may, by a majority vote, certify a 

4 statement of fact constituting such 

5 failure to the appropriate United 

6 States attorney. 

7 (iv) LIMITATION.—A subpoena may 

8 be issued only if the Commission certifies 

9 to the Secretary of Homeland Security 

10 that such issuance is necessary to carry 

11 out its duties under subsection (a)(5), and 

12 that all reasonable efforts will be taken to 

13 limit the disclosure of personally identifi14 able information to the greatest extent pos15 sible. 

16 (c) SAVINGS PROVISION.—Nothing in this Act may 

17 be construed as affecting in any manner the investigative 

18 and disciplinary procedures of U.S. Customs and Border 

19 Protection or the Department of Homeland Security with 

20 respect to agents and officers of U.S. Customs and Border 

21 Protection. 

22 (d) REPORTS.— 

23 (1) ANNUAL REPORTS.—The Commission shall 

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1 tion on the activities, findings, and recommendations 

2 of the Commission, including the northern border 

3 and southern border subcommittees, for the pre4 ceding year. 

5 (2) CONGRESSIONAL NOTIFICATION.—The Sec6 retary of Homeland Security shall brief the Com7 mittee on Homeland Security of the House of Rep8 resentatives and the Committee on Homeland Secu9 rity and Governmental Affairs of the Senate on each 

10 report required under paragraph (1). 

11 SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS12 MAN FOR BORDER AND IMMIGRATION RE13 LATED CONCERNS. 

14 (a) IN GENERAL.—Section 452 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 272) is amended to read 

16 as follows: 

17 ‘‘SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION 

18 RELATED CONCERNS. 

19 ‘‘(a) IN GENERAL.—There shall be within the De20 partment an Ombudsman for Border and Immigration Re21 lated Concerns (in this section referred to as the ‘Ombuds22 man’). The individual appointed as Ombudsman shall have 

23 a background in immigration or civil liberties law or law 

24 enforcement. The Ombudsman shall report directly to the 

25 Secretary. 


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1 ‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec2 retary shall take appropriate action to ensure the inde3 pendence of the Ombudsman’s office from other officers 

4 or employees of the Department engaged in border secu5 rity or immigration activities. 

6 ‘‘(c) STAFFING.—The Secretary shall take appro7 priate action to ensure that the Ombudsman’s office is 

8 sufficiently staffed and resourced to carry out its duties 

9 effectively and efficiently. 

10 ‘‘(d) FUNCTIONS.—The functions of the Ombudsman 

11 shall be as follows: 

12 ‘‘(1) To establish an independent, neutral, and 

13 appropriately confidential process to receive, inves14 tigate, resolve, and provide redress, including immi15 gration relief, monetary damages, or any other ac16 tion determined appropriate, for complaints, griev17 ances, or requests for assistance from individuals, 

18 associations, and employers regarding the border se19 curity and immigration activities of the Department. 

20 ‘‘(2) To conduct inspections of the facilities, in21 cluding contract facilities, of U.S. Customs and Bor22 der Protection, U.S. Immigration and Customs En23 forcement, and U.S. Citizenship and Immigration 

24 Services. 


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1 ‘‘(3) To assist individuals and families who 

2 have been victims of crimes committed by aliens or 

3 of violence near the United States border, and indi4 viduals and families impacted by situations in which 

5 the Department has exercised force. 

6 ‘‘(4) To identify areas in which individuals, as7 sociations, and employers have identified concerns 

8 with respect to interacting with U.S. Customs and 

9 Border Protection, U.S. Immigration and Customs 

10 Enforcement, or U.S. Citizenship and Immigration 

11 Services. 

12 ‘‘(5) To propose changes in the administrative 

13 practices of U.S. Customs and Border Protection, 

14 U.S. Immigration and Customs Enforcement, and 

15 U.S. Citizenship and Immigration Services to miti16 gate problems identified under this section. 

17 ‘‘(6) To review, examine, and make rec18 ommendations regarding the border security and im19 migration and enforcement activities of U.S. Cus20 toms and Border Protection, U.S. Immigration and 

21 Customs Enforcement, and U.S. Citizenship and Im22 migration Services. 

23 ‘‘(7) To establish a uniform and standardized 

24 complaint process regarding complaints against all 

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1 der Patrol agents, and CBP Agricultural Specialists 

2 for violations of standards of professional conduct. 

3 Such complaint process shall have the following com4 ponents: 

5 ‘‘(A) Require that all complaints receive an 

6 independent review and investigation completed 

7 not later than one year from the date of receipt 

8 of each such complaint. 

9 ‘‘(B) Require that complainants receive 

10 written confirmation of receipt of their com11 plaints not later than 90 days from the date of 

12 receipt of each such complaint, and a written 

13 summary regarding the outcome of such com14 plaints not later than one year after such date 

15 of receipt, including findings of fact, rec16 ommended action, and available redress. 

17 ‘‘(C) Feature a centralized multilingual on18 line complaint form that includes street ad19 dress, toll-free telephone number, and electronic 

20 mailbox address to permit an individual to file 

21 an immigration or border-related complaint and 

22 submit supporting evidence through the portal 

23 of choice of any such individual. Information re24 lating to such form shall be visible at ports of 

25 entry and at Border Patrol interior checkpoints. 


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1 ‘‘(D) Include procedures for referring com2 plaints to the Office for Civil Rights and Civil 

3 Liberties, Office of the Inspector General, or 

4 other appropriate agency of the Department of 

5 Homeland Security. 

6 ‘‘(E) Establish a publicly accessible na7 tional, standardized database capable of track8 ing and analyzing complaints and their resolu9 tion. 

10 ‘‘(F) Provide publicly accessible records, 

11 with copies of complaints, and their resolutions 

12 permanently preserved and available for inspec13 tion, while maintaining the confidentiality of 

14 complainants’ identities. 

15 ‘‘(8) To establish an online detainee locator sys16 tem for individuals held in U.S. Customs and Border 

17 Protection custody. 

18 ‘‘(e) COMPLAINANTS.—The following shall apply to 

19 all complainants: 

20 ‘‘(1) Any interested party, including a legal rep21 resentative, may file a complaint through the com22 plaint procedure pursuant to subsection (d)(7). 

23 ‘‘(2) Complainants and other individuals identi24 fied in a complaint shall be protected from retalia25 tory action by law enforcement or by any officer of 


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1 the United States based on the content of such com2 plaint, and no information contained in a complaint 

3 that is germane to such complaint may be used as 

4 evidence in any removal or criminal proceedings 

5 against the complainant or any individual identified 

6 in such complaint. 

7 ‘‘(3) Neither the filing of a complaint nor the 

8 contents of a complaint shall in any way confer im9 munity or otherwise impact any removal or criminal 

10 proceedings against a complainant or an individual 

11 identified in such complaint. 

12 ‘‘(4) No personally identifiable information re13 lated to an individual involved in a complaint which 

14 would result in identification of such individual may 

15 be published. 

16 ‘‘(5) Complainants shall receive full assistance 

17 from the Department in filing complaints, including 

18 language assistance, accommodations for disabilities, 

19 and accurate and complete responses to their ques20 tions. 

21 ‘‘(f) OTHER RESPONSIBILITIES.—In addition to the 

22 functions specified in subsection (d), the Ombudsman 

23 shall— 

24 ‘‘(1) monitor the coverage and geographic allo25 cation of local offices of the Ombudsman, including 


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1 appointing local ombudsmen for border and immi2 gration related concerns; 

3 ‘‘(2) evaluate and take personnel actions (in4 cluding dismissal) with respect to any employee of 

5 the Ombudsman; 

6 ‘‘(3) recommend disciplinary action, including 

7 contract termination, suspension, and debarment, or 

8 termination, suspension, and sanctions, to the appro9 priate departmental entity regarding any contractor 

10 proven to have violated departmental policies or pro11 cedures while executing any border security or immi12 gration activity; 

13 ‘‘(4) make available a paper-based complaint 

14 form that includes the same information as the on15 line-based complaint form and that is available upon 

16 request at all ports of entry along the northern and 

17 southern borders and at Border Patrol stations in 

18 each Border Patrol sector; 

19 ‘‘(5) refer to the Inspector General of the De20 partment any complaints of the violation of depart21 mental policies or procedures by any Department 

22 employee relating to border security or immigration 

23 activity; 

24 ‘‘(6) provide a complainant with a summary of 

25 the outcome of any action taken in response to a 


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1 complaint, grievance, or request for assistance from 

2 such complainant, including any findings of fact, 

3 recommended action, and available redress; and 

4 ‘‘(7) be subject to subparagraph (B) of section 

5 7114(a)(2) of title 5, United States Code, with re6 spect to all Ombudsman investigations and inter7 views. 

8 ‘‘(g) REQUEST FOR INVESTIGATIONS.—The Ombuds9 man is authorized to request the Inspector General of the 

10 Department to conduct inspections, investigations, and 

11 audits related to subsections (d), (e), and (f). 

12 ‘‘(h) COORDINATION WITH DEPARTMENT COMPO13 NENTS.— 

14 ‘‘(1) IN GENERAL.—The Director of U.S. Citi15 zenship and Immigration Services, the Assistant 

16 Secretary of U.S. Immigration and Customs En17 forcement, and the Commissioner of U.S. Customs 

18 and Border Protection shall each establish proce19 dures to provide formal responses to recommenda20 tions submitted to such officials by the Ombudsman 

21 within 60 days of receiving such recommendations. 

22 ‘‘(2) ACCESS TO INFORMATION.—The Secretary 

23 shall establish procedures to provide the Ombuds24 man access to all departmental records necessary to 

25 execute the responsibilities of the Ombudsman under 


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1 subsection (d) or (f) not later than 60 days after a 

2 request from the Ombudsman for such information. 

3 ‘‘(3) JOINT INTAKE CENTER CONSOLIDATION.— 

4 The Secretary shall establish procedures to consoli5 date all border and immigration related complaints 

6 submitted to the Joint Intake Center of the Depart7 ment to the Ombudsman. Such procedures shall in8 clude the following: 

9 ‘‘(A) Authorization for the Ombudsman to 

10 refer cases to the Inspector General or the Of11 fice of Internal Affairs of the Department or af12 filiated agency for investigation and remedi13 ation of specific cases. 

14 ‘‘(B) Authorization for the Ombudsman to 

15 refer cases to U.S. Customs and Border Protec16 tion or U.S. Immigration and Customs Enforce17 ment, as the case may be, for investigation and 

18 remediation by chain of command within each 

19 respective agency. 

20 ‘‘(i) PUBLIC OUTREACH.—The Secretary shall— 

21 ‘‘(1) take all appropriate action to advise the 

22 public regarding the existence, duties, responsibil23 ities, and grievance processes of the Ombudsman’s 

24 office; and 

25 ‘‘(2) shall promulgate regulations to ensure— 


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1 ‘‘(A) the public’s ability to file grievances 

2 with the Ombudsman’s office electronically; and 

3 ‘‘(B) that absent written permission of all 

4 affected parties, all documents submitted to the 

5 Ombudsman’s office are used solely by the Om6 budsman’s office to advance the purposes de7 scribed in this section. 

8 ‘‘(j) ANNUAL REPORTING.—Not later than June 30 

9 of each year beginning in the year after the date of the 

10 enactment of this subsection, the Ombudsman shall sub11 mit to the appropriate congressional committees a report 

12 that includes the following: 

13 ‘‘(1) The number and type of complaints re14 ceived in each Border Patrol sector, the demo15 graphics of complainants, the results of investiga16 tions, including violations of standards and any dis17 ciplinary actions taken, and an identification of any 

18 complaint patterns that could be prevented or re19 duced by policy training or practice changes. 

20 ‘‘(2) An inventory of complaints referred to in 

21 paragraph (1) for which action has been taken and 

22 the time between receipt and resolution of each such 

23 complaint. 

24 ‘‘(3) An inventory of complaints referred to in 

25 paragraph (1) for which action has not been taken 


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1 after one year, the period during which each com2 plaint has been open, and the reason for failure to 

3 resolve each such complaint. 

4 ‘‘(4) Recommendations the Ombudsman has 

5 made to improve the services and responsiveness of 

6 U.S. Citizenship and Immigration Services, U.S. Im7 migration and Customs Enforcement, and U.S. Cus8 toms and Border Protection, and any responses re9 ceived from each such component or the Department 

10 regarding such recommendations. 

11 ‘‘(5) Information relating to consolidation of 

12 complaints submitted to the Joint Intake Center of 

13 the Department, in accordance with paragraph (3) 

14 of subsection (h). 

15 ‘‘(6) Other information as the Ombudsman de16 termines advisable. 

17 ‘‘(k) ESTABLISHMENT OF BORDER COMMUNITIES LI18 AISON OFFICE.— 

19 ‘‘(1) IN GENERAL.—The Ombudsman, in con20 junction with the Office for Civil Rights and Civil 

21 Liberties of the Department, shall establish a Bor22 der Community Liaison Office (in this subsection re23 ferred to as the ‘Liaison Office’) in each Border Pa24 trol sector on the northern and southern borders. 


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1 ‘‘(2) PURPOSES.—Each Liaison Office under 

2 this subsection shall— 

3 ‘‘(A) foster cooperation between the Border 

4 Patrol, the Office of Field Operations of the 

5 Department, and border communities; 

6 ‘‘(B) consult with border communities on 

7 the development of policies, directives, and pro8 grams of the Border Patrol and the Office of 

9 Field Operations; and 

10 ‘‘(C) receive feedback from border commu11 nities on the performance of the Border Patrol 

12 and the Office of Field Operations. 

13 ‘‘(3) MEMBERSHIP.—Each Liaison Office shall 

14 be comprised of representation from the community 

15 and U.S. Customs and Border Protection, including 

16 at least the following: 

17 ‘‘(A) One member of the community in 

18 which each Border Patrol sector is located who 

19 has expertise in migration, local public safety, 

20 civil and human rights, the local community, or 

21 community relations. 

22 ‘‘(B) One non-uniformed Border Patrol 

23 agent with significant experience working for 

24 the Border Patrol. 


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1 ‘‘(C) One non-uniformed U.S. Customs 

2 and Border Protection officer with significant 

3 experience working for U.S. Customs and Bor4 der Protection. 

5 ‘‘(l) REPORT ON THE IMPACT OF BORDER ENFORCE6 MENT TECHNOLOGIES AND OPERATIONS ON BORDER

7 COMMUNITIES.—Not later than 180 days after the date 

8 of the enactment of this section, the Secretary shall sub9 mit to the appropriate congressional committees a report 

10 that assesses current efforts and technologies used at 

11 United States borders, and the impact on border commu12 nities of such efforts and technologies on civil rights, pri13 vate property rights, privacy rights, and civil liberties. 

14 ‘‘(m) GAO REPORT ON THE EXTENT OF CBP AC15 TIVITIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 

16 later than one year after the date of the enactment of this 

17 section, the Comptroller General of the United States shall 

18 submit to the appropriate congressional committees a re19 port that assesses the following issues: 

20 ‘‘(1) How far into the United States interior 

21 the current activities, operations (including check22 points), and claimed authority of U.S. Customs and 

23 Border Protection extend. 


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1 ‘‘(2) The extent to which the area of activities, 

2 operations, and claimed authority referred to in 

3 paragraph (1) is necessary. 

4 ‘‘(3) The effectiveness of U.S. Customs and 

5 Border Protection’s interior enforcement and its im6 pact on civil, constitutional, and private property 

7 rights.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 of the Homeland Security Act of 2002 is amended by 

10 amending the item relating to section 452 to read as fol11 lows: 

‘‘Sec. 452. Ombudsman for Border and Immigration Related Concerns.’’. 

12 SEC. 4. TRAINING AND CONTINUING EDUCATION. 

13 (a) MANDATORY TRAINING AND CONTINUING EDU14 CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY

15 AND PROFESSIONALISM.—The Secretary of Homeland Se16 curity shall ensure that every agent and officer of U.S. 

17 Customs and Border Protection receives a minimum of 19 

18 weeks of training that are directly related to the mission 

19 of the Border Patrol and the Office of Field Operations 

20 of the Department of Homeland Security before the initial 

21 assignment of such agents and officers, and eight hours 

22 of continuing education annually thereafter. 

23 (b) FLETC.—The Secretary of Homeland Security, 

24 acting through the Commissioner of U.S. Customs and 

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1 rector of the Federal Law Enforcement Training Centers 

2 to establish guidelines and curriculum for the training of 

3 agents and officers of U.S. Customs and Border Protec4 tion under subsection (a). 

5 (c) CONTINUING EDUCATION.—The Secretary of 

6 Homeland Security shall annually require all agents and 

7 officers of U.S. Customs and Border Protection who are 

8 required to undergo training under subsection (a) to par9 ticipate in continuing education to maintain and update 

10 understanding of Federal legal rulings, court decisions, 

11 and Department of Homeland Security policies, proce12 dures, and guidelines related to relevant subject matters. 

13 (d) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Secretary of Homeland 

15 Security shall submit to the Committee on Homeland Se16 curity of the House of Representatives and the Committee 

17 on Homeland Security and Governmental Affairs of the 

18 Senate a report identifying the guidelines and curriculum 

19 established pursuant to subsection (a). 

20 (e) ASSESSMENT.—Not later than six years after the 

21 date of the enactment of this Act, the Comptroller General 

22 of the United States shall submit to the Committee on 

23 Homeland Security of the House of Representatives and 

24 the Committee on Homeland Security and Governmental 

25 Affairs of the Senate a report that assesses the training 


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1 and education, including continuing education, required 

2 under this section. 

3 SEC. 5. MANAGEMENT OF PORTS OF ENTRY. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary of Home6 land Security shall submit to the Committee on Homeland 

7 Security of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Affairs 

9 of the Senate a report that contains an assessment of the 

10 current standards and guidelines for managing ports of 

11 entry under the control of the Department of Homeland 

12 Security. Such assessment shall include information relat13 ing to the following: 

14 (1) Staffing levels and the need for additional 

15 staffing. 

16 (2) Rules governing the actions of Office of 

17 Field Operations agents. 

18 (3) Average delays for transit through air, land, 

19 and sea ports of entry. 

20 (4) An assessment of existing efforts and tech21 nologies used for border security, and the effect of 

22 the use of such efforts and technologies on facili23 tating trade at ports of entry and their impact on 

24 civil rights, private property rights, privacy rights, 

25 and civil liberties. 


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1 (5) The economic impact of the policies and 

2 practices of CBP Agricultural Specialists and Office 

3 of Field Operations work. 

4 (6) Physical infrastructure and technological 

5 needs at ports of entry. 

6 (b) UPDATES.—Based upon the information and as7 sessment contained in the report required under sub8 section (a), the Secretary of Homeland Security shall es9 tablish updated guidelines and standards for managing 

10 ports of entry under the control of the Department of 

11 Homeland Security to address any identified needs or 

12 shortcomings at such ports of entry, including, if applica13 ble, the following: 

14 (1) Increasing levels of staffing of CBP Agricul15 tural Specialists at ports of entry at which delays 

16 hinder or negatively impact the local or national 

17 economies. 

18 (2) Increasing the use of or updating tech19 nology at ports of entry at which there are average 

20 delays of over two hours based on U.S. Customs and 

21 Border Protection data collected during the previous 

22 fiscal year. 

23 (3) Publishing rules on the handling of docu24 ments at ports of entry. 


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1 (4) Establishing standards of conduct and de2 meanor when interacting with vulnerable popu3 lations, such as children and victims of human traf4 ficking, and individuals with border crossing cards. 

5 (5) Establishing training courses relating to 

6 management and leadership skills for supervisors 

7 and managers at ports of entry. 

8 SEC. 6. REPORTING REQUIREMENTS. 

9 (a) CBP REPORT ON MIGRANT DEATHS.—Not later 

10 than 180 days after the date of the enactment of this Act, 

11 the Commissioner of U.S. Customs and Border Protection 

12 shall submit to the Committee on Homeland Security of 

13 the House of Representatives and the Committee on 

14 Homeland Security and Governmental Affairs of the Sen15 ate a report relating to deaths occurring along the United 

16 States-Mexico border, including information on the fol17 lowing: 

18 (1) The number of documented migrant deaths. 

19 (2) A geographical breakdown of where such 

20 migrant deaths occur. 

21 (3) To the extent possible, the cause of death 

22 for each migrant. 

23 (4) The extent to which border technology, 

24 physical barriers, and enforcement programs have 

25 contributed to such migrant deaths. 


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1 (5) A detailed description of U.S. Customs and 

2 Border Protection programs or plans to reduce the 

3 number of migrant deaths along the border, includ4 ing an assessment on the effectiveness of water sup5 ply sites and rescue beacons. 

6 (b) GAO REPORT ON MIGRANT DEATHS.—Not later 

7 than 90 days after the submission of the report required 

8 under subsection (a), the Comptroller General of the 

9 United States shall review such report to determine the 

10 following: 

11 (1) The validity of U.S. Customs and Border 

12 Protection’s statistical analysis of migrant deaths. 

13 (2) The extent to which U.S. Customs and Bor14 der Protection has adopted simple and low-cost 

15 measures, such as water supply sites and rescue bea16 cons, to reduce the frequency of migrant deaths. 

17 (3) The extent to which U.S. Customs and Bor18 der Protection measures the effectiveness of its pro19 grams to address the frequency of migrant deaths. 

20 (4) The extent of data and information sharing 

21 and cooperation between U.S. Customs and Border 

22 Protection, local and State law enforcement, foreign 

23 diplomatic and consular posts, and nongovernmental 

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1 uals and notify family members and compare infor2 mation to missing persons registries. 

3 (c) GAO REPORT ON USE OF FORCE.— 

4 (1) IN GENERAL.—Not later than one year 

5 after the date of the enactment of this Act, the 

6 Comptroller General of the United States shall ex7 amine the extent to which U.S. Customs and Border 

8 Protection has clarified use of force policies, includ9 ing the following (and any recommendations related 

10 to the following): 

11 (A) The extent to which U.S. Customs and 

12 Border Protection has implemented new train13 ing tactics to improve use of force policies, in14 cluding how the use of force policy conforms to 

15 Department of Homeland Security and Federal 

16 law enforcement best practices. 

17 (B) The extent to which U.S. Customs and 

18 Border Protection has identified additional or 

19 alternative weapons and equipment, including 

20 protective gear and body-worn cameras, to im21 prove agents’ and officers’ abilities to lawfully 

22 and properly engage and interact with individ23 uals. 

24 (C) Efforts to review and enhance current 

25 training and tactics related to use of force, and 


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1 to implement reforms to ensure agents and offi2 cers are better equipped to assess and respond 

3 to threats. 

4 (D) The extent to which U.S. Customs and 

5 Border Protection has established a stakeholder 

6 engagement framework to better inform and en7 hance U.S. Customs and Border Protection’s 

8 use of force training. 

9 (E) The extent to which U.S. Customs and 

10 Border Protection has established metrics to 

11 track the effectiveness of use of force training 

12 and to ensure the reporting of all uses of force 

13 for review to determine whether the force used 

14 was justified and whether it could have been 

15 avoided through different tactics or training, 

16 better supervision, different tools, adherence to 

17 policy, or changes in policy. 

18 (F) How U.S. Customs and Border Protec19 tion could implement best law enforcement 

20 practices to improve policies for transparent 

21 communication with family members of individ22 uals injured or killed by U.S. Customs and Bor23 der Protection agents’ and officers’ uses of 

24 force, including updates on any pending inves25 tigations, and policies for timely notification of 


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1 such injuries and deaths following such uses of 

2 force to the Commissioner of U.S. Customs and 

3 Border Protection, the Joint Intake Center of 

4 the Department of Homeland Security, the Of5 fice of Inspector General of the Department, 

6 the Office for Civil Rights and Civil Liberties of 

7 the Department, and the Office of Public Af8 fairs of the Department, Congress, and the ap9 plicable consulates, if appropriate. 

10 (G) How recommendations and requests 

11 made by agents and officers of U.S. Customs 

12 and Border Protection have been received, re13 viewed, and if possible implemented into U.S. 

14 Customs and Border Protection and Depart15 ment of Homeland Security use of force policies 

16 and best practices. 

17 (H) The extent to which U.S. Customs and 

18 Border Protection electronically tracks personal 

19 searches and seizures of personal items at the 

20 border, and an assessment of how such infor21 mation is used to inform U.S. Customs and 

22 Border Protection policies and procedures. 

23 (2) IMPLEMENTATION OF GAO FINDINGS.—The 

24 Secretary of Homeland Security shall direct the 

25 Commissioner of U.S. Customs and Border ProtecVerDate Sep 11 2014 03:40 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576

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1 tion to implement any recommendations contained in 

2 the report required under paragraph (1). If the Sec3 retary does not so implement such recommendations, 

4 the Secretary shall submit to the Committee on 

5 Homeland Security of the House of Representatives 

6 and the Committee on Homeland Security and Gov7 ernmental Affairs of the Senate a written notifica8 tion explaining why such recommendations are not 

9 being so implemented. 

Æ 


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