II 

117TH CONGRESS 

1ST SESSION S. 3160 

To increase transparency, accountability, and community engagement within 

the Department of Homeland Security, to provide independent oversight 

of border security activities, to improve training for agents and officers 

of U.S. Customs and Border Protection, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 3, 2021 

Mr. LUJA ́N (for himself, Mr. MENENDEZ, Mr. PADILLA, Mr. BOOKER, Mr. 

HEINRICH, and Ms. WARREN) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To increase transparency, accountability, and community engagement within the Department of Homeland Security, 

to provide independent oversight of border security activities, to improve training for agents and officers of U.S. 

Customs and Border Protection, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Accountability, 

5 Oversight, and Community Engagement Act’’. 


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1 SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 

2 (a) DEPARTMENT OF HOMELAND SECURITY BORDER

3 OVERSIGHT COMMISSION.— 

4 (1) ESTABLISHMENT.—There is established an 

5 independent commission, which shall be known as 

6 the ‘‘Department of Homeland Security Border 

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

8 the ‘‘Commission’’). 

9 (2) ORGANIZATION.— 

10 (A) LEADERSHIP.—The Commission shall 

11 be led by a Chair and a Vice Chair. 

12 (B) MEMBERSHIP.— 

13 (i) IN GENERAL.—The Commission 

14 shall be composed of 30 members, who— 

15 (I) shall be appointed by the 

16 Speaker and the minority leader of 

17 the House of Representatives and the 

18 majority and minority leaders of the 

19 Senate, in consultation with the Presi20 dent; and 

21 (II) shall have expertise in migra22 tion, local crime indices, civil and 

23 human rights, community relations, 

24 cross-border trade and commerce, 

25 quality of life indicators, or other per26 tinent experience. 


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1 (ii) REGIONAL REPRESENTATION.—Of 

2 the 30 members appointed pursuant to 

3 clause (i)(I)— 

4 (I) 13 members shall be from the 

5 northern border region and shall com6 prise the northern border sub7 committee; and 

8 (II) 17 members shall be from 

9 the southern border region and shall 

10 comprise the southern border sub11 committee. 

12 (iii) NORTHERN BORDER SUB13 COMMITTEE.—Of the 13 members from 

14 the northern border region— 

15 (I) 2 shall be elected local gov16 ernment officials; 

17 (II) 2 shall be local law enforce18 ment officials; 

19 (III) 2 shall be civil rights advo20 cates; 

21 (IV) 1 shall represent the busi22 ness community; 

23 (V) 1 shall represent institutions 

24 of higher education; 


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1 (VI) 1 shall represent a faith 

2 community; 

3 (VII) 2 shall be U.S. Border Pa4 trol officers or agents, including at 

5 least 1 member of the National Bor6 der Patrol Council; and 

7 (VIII) 2 shall be tribal officials. 

8 (iv) SOUTHERN BORDER SUB9 COMMITTEE.—Of the 17 members from 

10 the southern border region— 

11 (I) 3 shall be elected local gov12 ernment officials; 

13 (II) 3 shall be local law enforce14 ment officials; 

15 (III) 3 shall be civil rights advo16 cates; 

17 (IV) 2 shall represent the busi18 ness community; 

19 (V) 1 shall represent institutions 

20 of higher education; 

21 (VI) 1 shall represent a faith 

22 community; 

23 (VII) 2 shall be U.S. Border Pa24 trol officers or agents, including at 


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1 least 1 member of the National Bor2 der Patrol Council; and 

3 (VIII) 2 shall be tribal officials. 

4 (v) CHAIR; VICE CHAIR.—The mem5 bers of the Commission shall elect a Chair 

6 and a Vice Chair from among its members 

7 by a majority vote of at least 16 members. 

8 (vi) TERMS OF SERVICE.—The Chair 

9 and the Vice Chair of the Commission 

10 shall serve 4-year terms in such positions. 

11 Members of the Commission shall also 

12 serve 4-year terms. 

13 (vii) APPOINTMENT DEADLINE.—Con14 gress shall make the initial appointments 

15 to the Commission not later than 180 days 

16 after the date of the enactment of this Act. 

17 (3) MEETINGS.— 

18 (A) COMMISSION.—The Commission shall 

19 meet at least semiannually and may convene 

20 additional meetings as necessary. 

21 (B) SUBCOMMITTEES.—The northern bor22 der and southern border subcommittees shall 

23 meet at least quarterly, and may convene addi24 tional meetings, as necessary. 


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1 (4) DUTIES.—The Commission, the northern 

2 border subcommittee, and the southern border sub3 committee shall— 

4 (A) develop recommendations for improve5 ments regarding border enforcement policies, 

6 strategies, and programs that take into consid7 eration their impact on border communities; 

8 (B) evaluate policies, strategies, and pro9 grams of Federal agencies operating along the 

10 northern and southern United States borders— 

11 (i) to protect— 

12 (I) due process; 

13 (II) the civil and human rights of 

14 border residents and visitors; and 

15 (III) private property rights of 

16 land owners; 

17 (ii) to reduce the number of migrant 

18 deaths; and 

19 (iii) to improve the safety of agents 

20 and officers of U.S. Customs and Border 

21 Protection; 

22 (C) develop recommendations for improve23 ments regarding the safety of agents and offi24 cers of U.S. Customs and Border Protection 


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1 while such agents and officers are in the field; 

2 and 

3 (D) evaluate training and establish train4 ing courses related to— 

5 (i) management and leadership skills 

6 for supervisors in each U.S. Border Patrol 

7 sector, at each port of entry on the north8 ern and southern United States borders; 

9 and 

10 (ii) the extent to which supervisory 

11 and management personnel practices at 

12 U.S. Customs and Border Protection— 

13 (I) encourage and facilitate work14 force development for agents and offi15 cers; and 

16 (II) promote agent and officer 

17 field safety and post-Federal Law En18 forcement Training Center (referred 

19 to in this Act as ‘‘FLETC’’) training 

20 of border enforcement personnel in ac21 cordance with section 6. 

22 (5) ADDITIONAL RESPONSIBILITIES.— 

23 (A) IN GENERAL.—In carrying out the du24 ties set forth in paragraph (4), the Commission 

25 shall take into consideration any recommendaVerDate Sep 11 2014 23:52 Nov 05, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3160.IS S3160

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1 tions and evaluations agreed upon by the north2 ern border subcommittee and the southern bor3 der subcommittee. 

4 (B) SUBCOMMITTEE REPORTS.—The 

5 northern border subcommittee and the southern 

6 border subcommittee shall each— 

7 (i) submit an annual report to the 

8 Chair and Vice Chair of the Commission 

9 that contains the recommendations and 

10 evaluations of the subcommittees referred 

11 to in paragraph (4); and 

12 (ii) make each such report available to 

13 the public. 

14 (6) PROHIBITION ON COMPENSATION.—Mem15 bers of the Commission may not receive pay, allow16 ances, or benefits from the Federal Government by 

17 reason of their service on the Commission or either 

18 of its subcommittees. 

19 (b) HEARINGS AND EVIDENCE.—The Commission or, 

20 on the authority of the Commission, any subcommittee or 

21 member of the Commission, may, for the purpose of car22 rying out this Act, hold such hearings, and sit and act 

23 at such times and places, take such testimony, receive 

24 such evidence, and administer such oaths as the Commis25 sion or such designated subcommittee or designated memVerDate Sep 11 2014 04:37 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3160.IS S3160

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1 ber determines necessary to carry out its duties under sub2 section (a)(4). 

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

4 be construed as affecting the investigative and disciplinary 

5 procedures of U.S. Customs and Border Protection or the 

6 Department of Homeland Security with respect to agents 

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

8 (d) REPORTS.— 

9 (1) ANNUAL REPORTS.—The Commission 

10 shall— 

11 (A) submit an annual report to the Sec12 retary of Homeland Security that contains in13 formation regarding the activities, findings, and 

14 recommendations of the Commission, including 

15 the northern border subcommittee and the 

16 southern border subcommittee, for the pre17 ceding year; and 

18 (B) make each such report available to the 

19 public. 

20 (2) CONGRESSIONAL NOTIFICATION.—The Sec21 retary of Homeland Security shall brief the Com22 mittee on Homeland Security and Governmental Af23 fairs of the Senate, the Committee on the Judiciary 

24 of the Senate, the Committee on Homeland Security 

25 of the House of Representatives, and the Committee 


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1 on the Judiciary of the House of Representatives re2 garding each report received under paragraph (1). 

3 SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS4 MAN FOR BORDER AND IMMIGRATION RE5 LATED CONCERNS. 

6 (a) IN GENERAL.—Subtitle A of title IV of the 

7 Homeland Security Act of 2002 (6 U.S.C. 202 et seq.) 

8 is amended by adding at the end the following: 

9 ‘‘SEC. 406. OMBUDSMAN FOR BORDER AND IMMIGRATION10 RELATED CONCERNS. 

11 ‘‘(a) IN GENERAL.—There shall be within the De12 partment an Ombudsman for Border and Immigration13 Related Concerns (referred to in this section as the ‘Om14 budsman’). The individual appointed as Ombudsman shall 

15 have a background in immigration or civil liberties law or 

16 law enforcement and shall report directly to the Secretary. 

17 ‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec18 retary shall take appropriate action to ensure the inde19 pendence of the Ombudsman’s office from other officers 

20 or employees of the Department engaged in border secu21 rity or immigration activities. 

22 ‘‘(c) STAFFING.—The Secretary shall take appro23 priate action to ensure that the Ombudsman’s office is 

24 sufficiently staffed and resourced to carry out its duties 

25 effectively and efficiently. 


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1 ‘‘(d) FUNCTIONS.—The Ombudsman shall— 

2 ‘‘(1) establish an independent, neutral, and ap3 propriately confidential process to receive, inves4 tigate, resolve, and provide redress, including immi5 gration relief, monetary damages, or any other ac6 tion determined appropriate, for complaints, griev7 ances, or requests for assistance from individuals, 

8 associations, and employers regarding the border se9 curity and immigration activities of the Department; 

10 ‘‘(2) conduct inspections of the facilities, includ11 ing privately-owned or operated contract facilities, of 

12 U.S. Customs and Border Protection, U.S. Immigra13 tion and Customs Enforcement, and U.S. Citizen14 ship and Immigration Services; 

15 ‘‘(3) assist individuals and families who— 

16 ‘‘(A) have been victims of crimes com17 mitted by noncitizens present in the United 

18 States or of violence near the United States 

19 border; or 

20 ‘‘(B) have been impacted by situations in 

21 which the Department has exercised force 

22 against an individual, including by use of a fire23 arm, electronic control weapon, explosive device, 

24 chemical agent, baton, projectile, blunt instru25 ment, body part, canine, or vehicle; 


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1 ‘‘(4) identify areas in which individuals, associa2 tions, and employers have identified concerns with 

3 respect to interacting with U.S. Customs and Border 

4 Protection, U.S. Immigration and Customs Enforce5 ment, or U.S. Citizenship and Immigration Services; 

6 ‘‘(5) propose changes in the administrative 

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

8 U.S. Immigration and Customs Enforcement, and 

9 U.S. Citizenship and Immigration Services to miti10 gate problems identified under this section; 

11 ‘‘(6) review, examine, and make recommenda12 tions regarding the border security and immigration 

13 and enforcement activities of U.S. Customs and Bor14 der Protection, U.S. Immigration and Customs En15 forcement, and U.S. Citizenship and Immigration 

16 Services; 

17 ‘‘(7) establish a uniform and standardized com18 plaint process regarding complaints against any indi19 vidual employed by U.S. Customs and Border Pro20 tection or U.S. Immigration and Customs Enforce21 ment for violations of standards of professional con22 duct that— 

23 ‘‘(A) requires the completion of an inde24 pendent review and investigation not later than 

25 1 year after the receipt of any such complaint; 


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1 ‘‘(B) requires that complainants receive— 

2 ‘‘(i) written confirmation that their 

3 complaint was received not later than 60 

4 days after such receipt; and 

5 ‘‘(ii) a written summary regarding the 

6 outcome of such complaint not later than 

7 30 days after the completion of the review 

8 and investigation under subparagraph (A), 

9 including findings of fact, recommended 

10 action, and available redress; 

11 ‘‘(C) features— 

12 ‘‘(i) a centralized multilingual online 

13 complaint form that includes street ad14 dress, toll-free telephone number, and elec15 tronic mailbox address to permit an indi16 vidual to file an immigration or border-re17 lated complaint and submit supporting evi18 dence through the portal of choice of any 

19 such individual; and 

20 ‘‘(ii) the posting of multilingual infor21 mation relating to such form at ports of 

22 entry and at U.S. Border Patrol interior 

23 checkpoints; 

24 ‘‘(D) includes procedures for referring 

25 complaints to the Office for Civil Rights and 


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1 Civil Liberties, the Office of the Inspector Gen2 eral, or other appropriate agency of the Depart3 ment; 

4 ‘‘(E) establishes a publicly accessible na5 tional, standardized database capable of track6 ing and analyzing complaints and their resolu7 tion; and 

8 ‘‘(F) provides publicly accessible records, 

9 with copies of complaints, and their resolutions 

10 permanently preserved and available for inspec11 tion, while maintaining the confidentiality of 

12 complainants’ identities; and 

13 ‘‘(8) establishes an online detainee locator sys14 tem for individuals held in U.S. Customs and Border 

15 Protection custody. 

16 ‘‘(e) OTHER RESPONSIBILITIES.—In addition to the 

17 functions specified in subsection (d), the Ombudsman 

18 shall— 

19 ‘‘(1) monitor the coverage and geographic allo20 cation of local offices of the Ombudsman, including 

21 appointing local ombudsmen for border and immi22 gration related concerns; 

23 ‘‘(2) evaluate and take personnel actions (in24 cluding dismissal) with respect to any employee of 

25 the Ombudsman; 


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1 ‘‘(3) recommend disciplinary action, including 

2 contract termination, suspension, and debarment, or 

3 termination, suspension, and sanctions, to the appro4 priate departmental entity regarding any contractor 

5 proven to have violated departmental policies or pro6 cedures while executing any border security or immi7 gration activity; 

8 ‘‘(4) refer to the Inspector General of the De9 partment any complaints of the violation of depart10 mental policies or procedures by any Department 

11 employee relating to border security or immigration 

12 activity; and 

13 ‘‘(5) provide each complainant with a summary 

14 of the outcome of any action taken in response to a 

15 complaint, grievance, or request for assistance from 

16 such complainant, including any findings of fact, 

17 recommended action, and available redress. 

18 ‘‘(f) COMPLAINANTS.— 

19 ‘‘(1) ELIGIBILITY.—Any interested party, in20 cluding a legal representative, may file a complaint 

21 through the complaint process established pursuant 

22 to subsection (d)(7). 

23 ‘‘(2) RETALIATORY ACTION PROHIBITED.— 

24 Complainants and other individuals identified in a 

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1 tected from retaliatory action by law enforcement or 

2 by any officer of the United States based on the con3 tent of such complaint. No information contained in 

4 a complaint that is germane to such complaint may 

5 be used as evidence in any removal or criminal pro6 ceedings against the complainant or any individual 

7 identified in such complaint. 

8 ‘‘(3) NO EFFECT ON REMOVAL OR CRIMINAL

9 PROCEEDINGS.—Neither the filing of a complaint 

10 nor the contents of a complaint shall confer immu11 nity or otherwise impact any removal or criminal 

12 proceedings against a complainant or an individual 

13 identified in such complaint. 

14 ‘‘(4) PRIVACY.—No personally identifiable in15 formation related to an individual involved in a com16 plaint which would result in identification of such in17 dividual may be published. 

18 ‘‘(5) ASSISTANCE.—All complainants shall re19 ceive full assistance from the Department in filing 

20 complaints, including language assistance, accom21 modations for disabilities, and accurate and com22 plete responses to their questions. 

23 ‘‘(g) REQUEST FOR INVESTIGATIONS.—The Ombuds24 man may request the Inspector General of the Department 


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1 to conduct inspections, investigations, and audits related 

2 to compliance with subsections (d), (e), and (f). 

3 ‘‘(h) COORDINATION WITH DEPARTMENT COMPO4 NENTS.— 

5 ‘‘(1) IN GENERAL.—The Director of U.S. Citi6 zenship and Immigration Services, the Assistant 

7 Secretary of U.S. Immigration and Customs En8 forcement, and the Commissioner of U.S. Customs 

9 and Border Protection shall each establish proce10 dures to provide formal responses to recommenda11 tions submitted to such officials by the Ombudsman 

12 not later than 60 days after receiving such rec13 ommendations. 

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

15 shall establish procedures to provide the Ombuds16 man access to all departmental records that are nec17 essary to execute the responsibilities of the Ombuds18 man under subsection (d) or (e) not later than 60 

19 days after the Ombudsman requests such informa20 tion. 

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

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

23 public regarding the existence, duties, responsibil24 ities, and grievance processes of the Ombudsman’s 

25 office; and 


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1 ‘‘(2) promulgate regulations to ensure— 

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

3 with the Ombudsman’s office electronically; and 

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

5 affected parties, all documents submitted to the 

6 Ombudsman’s office are used solely by the Om7 budsman’s office to advance the purposes de8 scribed in this section. 

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

10 of each calendar year beginning after the date of the en11 actment of the Border Accountability, Oversight, and 

12 Community Engagement Act, the Ombudsman shall sub13 mit a report to the Committee on Homeland Security and 

14 Governmental Affairs of the Senate, the Committee on the 

15 Judiciary of the Senate, the Committee on Homeland Se16 curity of the House of Representatives, and the Committee 

17 on the Judiciary of the House of Representatives that in18 cludes— 

19 ‘‘(1) the number and type of complaints re20 ceived under this section; 

21 ‘‘(2) the demographics of the complainants who 

22 filed such complaints; 

23 ‘‘(3) the results of the investigations conducted 

24 in response to such complaints, including violations 

25 of standards and any disciplinary actions taken; 


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1 ‘‘(4) the identification of any complaint pat2 terns that could be prevented or reduced by policy 

3 training or practice changes; 

4 ‘‘(5) an inventory of complaints received under 

5 this section for which action has been taken and the 

6 period between the receipt of each such complaint 

7 and its resolution; 

8 ‘‘(6) an inventory of complaints received under 

9 this section for which action was not taken during 

10 the 1-year period immediately following the filing of 

11 such complaint, including the period during which 

12 each such complaint remained open, and the reason 

13 for failing to resolve each such complaint during 

14 such 1-year period; 

15 ‘‘(7) recommendations that the Ombudsman 

16 has made to improve the services and responsiveness 

17 of U.S. Citizenship and Immigration Services, U.S. 

18 Immigration and Customs Enforcement, and U.S. 

19 Customs and Border Protection, and any responses 

20 received from each such component or the Depart21 ment regarding such recommendations; and 

22 ‘‘(8) any other information that the Ombuds23 man considers relevant to such report. 

24 ‘‘(k) ESTABLISHMENT OF BORDER COMMUNITIES LI25 AISON OFFICE.— 


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1 ‘‘(1) IN GENERAL.—The Ombudsman, in con2 junction with the Office for Civil Rights and Civil 

3 Liberties of the Department, shall establish a Bor4 der Community Liaison Office (referred to in this 

5 subsection as the ‘Liaison Office’) in each U.S. Bor6 der Patrol sector on the northern and southern bor7 ders of the United States. 

8 ‘‘(2) PURPOSES.—Each Liaison Office shall— 

9 ‘‘(A) foster cooperation between U.S. Bor10 der Patrol, U.S. Customs and Border Protec11 tion’s Office of Field Operations, and border 

12 communities; 

13 ‘‘(B) consult with border communities re14 garding the development of policies, directives, 

15 and programs of U.S. Border Patrol and the 

16 Office of Field Operations; and 

17 ‘‘(C) receive feedback from border commu18 nities regarding the performance of U.S. Bor19 der Patrol and the Office of Field Operations. 

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

21 be comprised of equal representation from the bor22 der community and U.S. Customs and Border Pro23 tection, including not fewer than— 

24 ‘‘(A) 1 member of the community in which 

25 each U.S. Border Patrol sector is located who 


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1 has expertise in migration, local public safety, 

2 civil and human rights, the local community, or 

3 community relations; 

4 ‘‘(B) 1 member of an Indian tribe (as such 

5 term is defined in section 4 of the Indian Self6 Determination and Education Assistance Act 

7 (25 U.S.C. 5304)) or a tribal organization; 

8 ‘‘(C) 1 Border Patrol processing coordi9 nator with significant experience working for 

10 U.S. Border Patrol; and 

11 ‘‘(D) 1 nonuniformed U.S. Customs and 

12 Border Patrol officer with significant experience 

13 working for U.S. Customs and Border Protec14 tion.’’. 

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

16 of the Homeland Security Act of 2002 (Public Law 107– 

17 296) is amended by inserting after the item relating to 

18 section 405 the following: 

‘‘Sec. 406. Ombudsman for Border and Immigration-Related Concerns.’’. 

19 SEC. 4. TRAINING AND CONTINUING EDUCATION. 

20 (a) MANDATORY TRAINING AND CONTINUING EDU21 CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY

22 AND PROFESSIONALISM.— 

23 (1) POLICIES AND GUIDELINES.—The Secretary 

24 of Homeland Security shall establish policies and 

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1 der Protection agents and officers receive a min2 imum of— 

3 (A) 19 weeks of training for employees of 

4 U.S. Customs and Border Protection’s Office of 

5 Field Operations, and 23 weeks of training for 

6 employees of U.S. Border Patrol, that— 

7 (i) is directly related to the mission of 

8 U.S. Border Patrol and U.S. Customs and 

9 Border Protection’s Office of Field Oper10 ations before the initial assignment of such 

11 agents and officers; and 

12 (ii) is in alignment with curriculum 

13 developed and endorsed by FLETC; and 

14 (B) 8 hours of training and continuing 

15 education annually after the completion of the 

16 training referred to in subparagraph (A). 

17 (2) TRAINERS.—The training and continuing 

18 education described in paragraph (1) shall be con19 ducted by attorneys who— 

20 (A) have experience with the Fourth 

21 Amendment to the United States Constitution, 

22 including appropriate application of the use of 

23 force by agents and officers of U.S. Customs 

24 and Border Protection; and 


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1 (B) are members of the Department of 

2 Homeland Security’s Office of General Counsel. 

3 (b) FLETC.—The Secretary of Homeland Security 

4 shall establish policies and guidelines governing training 

5 with FLETC and continuing education of agents and offi6 cers of U.S. Customs and Border Protection regarding 

7 border awareness, accountability, and oversight. Such 

8 training with FLETC shall include individual courses re9 garding— 

10 (1) community relations, including— 

11 (A) best practices in community policing; 

12 (B) best practices to adhere to policies lim13 iting the location of enforcement and coopera14 tion with local law enforcement; and 

15 (C) best practices in responding to griev16 ances, including how to refer complaints to the 

17 Ombudsman for Border and Immigration-Re18 lated Concerns in accordance with section 452 

19 of the Homeland Security Act of 2002, as 

20 amended by section 3; 

21 (2) interdiction, including— 

22 (A) instruction regarding formal and prop23 er command language; 

24 (B) situational awareness of what language 

25 is appropriate in a given situation; 


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1 (C) policies and guidelines regarding the 

2 legal application of use of force; 

3 (D) policies and training scenarios nec4 essary to ensure the safety of the agent or offi5 cer and the surrounding community during 

6 interventions in urban areas, including— 

7 (i) scenario-based training and guide8 lines; and 

9 (ii) non-lethal force training and cer10 tification on at least 1 non-lethal force in11 strument, including electronic control 

12 weapons; and 

13 (E) policies necessary to ensure the safety 

14 of the agent or officer and the surrounding 

15 community during interventions in rural and re16 mote locations; 

17 (3) vulnerable populations, including instruction 

18 on screening, identifying, and responding to vulner19 able populations, such as children, victims of human 

20 trafficking, victims of trauma, and the acutely ill; 

21 (4) cultural and societal issues, including— 

22 (A) understanding the diversity of immi23 grant communities; 

24 (B) language and basic cultural awareness 

25 of major migrant-sending countries; 


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1 (C) natural resource protection and envi2 ronmental policies along the United States bor3 der; 

4 (D) privacy considerations regarding bor5 der-related technologies; and 

6 (E) the history and ethics of asylum law; 

7 and 

8 (5) standards of professional conduct, includ9 ing— 

10 (A) the lawful use of force; 

11 (B) complying with chain of command and 

12 lawful orders; 

13 (C) conduct and ethical behavior toward 

14 the public in a civil and professional manner; 

15 (D) respect for civil rights and the protec16 tion of the well-being of individuals; 

17 (E) non-racially biased questioning tech18 niques; and 

19 (F) de-escalation tactics and alternatives 

20 to the use of force. 

21 (c) SUPERVISOR TRAINING.—In addition to the train22 ing and continuing education required to be established 

23 under subsections (a) and (b), the Secretary of Homeland 

24 Security shall establish policies and guidelines governing 

25 the continuing education of agents and officers of U.S. 


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1 Customs and Border Protection in supervisory or manage2 ment positions, including— 

3 (1) instruction relating to management and 

4 leadership best practices; 

5 (2) refresher instruction or in-service training 

6 relating to legal application of use of force policies 

7 and guidelines, intervention, community relations, 

8 and professional conduct; and 

9 (3) mitigation training to identify, diagnose, 

10 and address issues within such supervisory and man11 agement roles. 

12 (d) REVIEW PROCESS.—The Secretary of Homeland 

13 Security shall establish a review process to ensure that 

14 port supervisors and managers of U.S. Customs and Bor15 der Protection receive annual evaluations regarding— 

16 (1) their actions and standards of conduct; and 

17 (2) the actions, situational and educational de18 velopment, and standards of conduct of their staffs. 

19 (e) CONTINUING EDUCATION.— 

20 (1) IN GENERAL.—The Secretary of Homeland 

21 Security shall require all agents and officers of U.S. 

22 Customs and Border Protection who are required to 

23 undergo training under subsections (a) through (c) 

24 to participate in annual continuing education to 

25 maintain and update their understanding of Federal 


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1 legal rulings, court decisions, and Department of 

2 Homeland Security policies, procedures, and guide3 lines related to the subject matters described in such 

4 subsections. 

5 (2) SUBJECT MATTERS.—Continuing education 

6 under this subsection shall include training courses 

7 on— 

8 (A) protecting the civil, constitutional, 

9 human, and privacy rights of individuals, with 

10 special emphasis on the scope of enforcement 

11 authority, including— 

12 (i) chain of evidence practices and 

13 document seizure; and 

14 (ii) use of force policies available to 

15 agents and officers; 

16 (B) the scope of authority of agents and 

17 officers to conduct immigration enforcement ac18 tivities, including interviews, interrogations, 

19 stops, searches, arrests, and detentions, in addi20 tion to identifying and detecting fraudulent doc21 uments; 

22 (C) identifying, screening, and responsi23 bility for vulnerable populations, such as chil24 dren and victims of trafficking; and 


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1 (D) cultural and societal issues, includ2 ing— 

3 (i) the diversity of immigrant commu4 nities; 

5 (ii) language and basic cultural aware6 ness of major migrant-sending countries; 

7 and 

8 (iii) natural resource protection and 

9 environmental policies along the United 

10 States border. 

11 (3) ADMINISTRATION.—Courses offered under 

12 this subsection— 

13 (A) shall be administered in consultation 

14 with FLETC by the individual U.S. Border Pa15 trol sectors and U.S. Customs and Border Pro16 tection’s Office of Field Operations of the De17 partment of Homeland Security in order to pro18 vide such sectors’ field offices with flexibility to 

19 design or tailor such courses to the specific 

20 needs and conditions of each such sector and 

21 field office; and 

22 (B) shall be approved in advance by the 

23 Secretary of Homeland Security to ensure that 

24 such courses satisfy the requirements for train25 ing under this section. 


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1 (4) ROTATION.—Courses offered as part of con2 tinuing education under this subsection shall in3 clude— 

4 (A) an annual course focusing on the cur5 riculum described in paragraph (2)(A); 

6 (B) a triennial course focusing on cur7 riculum described in paragraph (2)(B); 

8 (C) a triennial course focusing on cur9 riculum described in paragraph (2)(C); and 

10 (D) a triennial course focusing on cur11 riculum described in paragraph (2)(D). 

12 (f) ASSESSMENT.—Not later than 6 years after the 

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

14 of the United States shall submit a report to the Com15 mittee on Homeland Security and Governmental Affairs 

16 of the Senate and the Committee on Homeland Security 

17 of the House of Representatives that assesses the training 

18 and education, including continuing education, required 

19 under this section. 

20 SEC. 5. MANAGEMENT OF PORTS OF ENTRY. 

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

22 date of the enactment of this Act, the Secretary of Home23 land Security shall submit a report to the Committee on 

24 Homeland Security and Governmental Affairs of the Sen25 ate and the Committee on Homeland Security of the 


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1 House of Representatives that contains an assessment of 

2 the standards and guidelines for managing ports of entry 

3 under the control of the Department of Homeland Secu4 rity, including information regarding— 

5 (1) staffing levels and the need for additional 

6 staffing; 

7 (2) the rules governing the actions of officers of 

8 U.S. Customs and Border Protection’s Office of 

9 Field Operations; 

10 (3) average delays for transit through land 

11 ports of entry; 

12 (4) existing efforts and technologies used for 

13 border security, including the impact of such efforts 

14 and technologies on— 

15 (A) facilitating trade at ports of entry; and 

16 (B) civil rights, private property rights, 

17 privacy rights, and civil liberties; 

18 (5) the economic impact of the policies and 

19 practices of U.S. Customs and Border Protection ag20 ricultural specialists and U.S. Customs and Border 

21 Protection’s Office of Field Operations personnel; 

22 (6) physical infrastructure and technological 

23 needs at ports of entry; 

24 (7) a plan for increasing the number of U.S. 

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1 erations officers certified as emergency medical tech2 nicians and the number of medical professionals as3 signed to land ports of entry; and 

4 (8) a plan for increasing access to land ports of 

5 entry that takes into account asylum seekers, victims 

6 of trafficking, unaccompanied children, and other 

7 vulnerable populations. 

8 (b) UPDATES.—Based upon the information and as9 sessment contained in the report required under sub10 section (a), the Secretary of Homeland Security shall es11 tablish updated guidelines and standards for managing 

12 ports of entry under the control of the Department of 

13 Homeland Security to address any identified needs or 

14 shortcomings at such ports of entry, including, if applica15 ble— 

16 (1) increasing the number of U.S. Customs and 

17 Border Protection agricultural specialists at ports of 

18 entry at which delays hinder or negatively impact 

19 the local or national economies; 

20 (2) updating or increasing the use of technology 

21 at ports of entry at which there are average delays 

22 exceeding 2 hours based on U.S. Customs and Bor23 der Protection data collected during the previous fis24 cal year; 


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1 (3) publishing rules regarding document han2 dling at ports of entry; 

3 (4) establishing standards of conduct and de4 meanor when interacting with individuals with bor5 der crossing cards and vulnerable populations, such 

6 as children, victims of human trafficking, victims of 

7 trauma, and the acutely ill; and 

8 (5) establishing training courses relating to 

9 management and leadership skills for supervisors 

10 and managers at ports of entry. 

11 SEC. 6. BORDER ENFORCEMENT ACCOUNTABILITY AND 

12 TRANSPARENCY. 

13 (a) DEFINITIONS.—In this section: 

14 (1) BORDER SECURITY.—The term ‘‘border se15 curity’’ means the prevention of unlawful entries 

16 into the United States, including entries by individ17 uals, instruments of terrorism, narcotics, and other 

18 contraband. 

19 (2) CHECKPOINT.—The term ‘‘checkpoint’’ 

20 means a location— 

21 (A) at which vehicles or individuals trav22 eling through the location are stopped by a law 

23 enforcement official for the purposes of enforce24 ment of United States immigration laws and 

25 regulations; and 


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1 (B) that is not located at a port of entry 

2 along an international border of the United 

3 States. 

4 (3) LAW ENFORCEMENT OFFICIAL.—The term 

5 ‘‘law enforcement official’’ means— 

6 (A) an agent or officer of U.S. Customs 

7 and Border Protection; or 

8 (B) an officer or employee of a State, or 

9 a political subdivision of a State, who is car10 rying out the functions of an immigration offi11 cer pursuant to— 

12 (i) an agreement entered into under 

13 section 287(g) of the Immigration and Na14 tionality Act (8 U.S.C. 1357(g)); 

15 (ii) authorization under title IV of the 

16 Tariff Act of 1930 (19 U.S.C. 1401 et 

17 seq.); or 

18 (iii) any other agreement with the De19 partment of Homeland Security, including 

20 any Federal grant program. 

21 (4) PATROL STOP.—The term ‘‘patrol stop’’ 

22 means search, seizure, or interrogation of a motor23 ist, passenger, or pedestrian initiated anywhere ex24 cept as part of an inspection at a port of entry or 

25 a primary inspection at a checkpoint. 


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1 (5) PRIMARY INSPECTION.—The term ‘‘primary 

2 inspection’’ means an initial inspection of a vehicle 

3 or individual at a checkpoint. 

4 (6) SECONDARY INSPECTION.—The term ‘‘sec5 ondary inspection’’ means a further inspection of a 

6 vehicle or individual that is conducted following a 

7 primary inspection. 

8 (b) DATA COLLECTION BY LAW ENFORCEMENT OF9 FICIALS ENFORCING UNITED STATES LAWS AND REGU10 LATIONS AND MAKING BORDER SECURITY STOPS.— 

11 (1) REQUIREMENT FOR DATA COLLECTION RE12 GARDING STOPS AND SEARCHES.—A law enforce13 ment official who initiates a patrol stop or who de14 tains any individual beyond a brief and limited in15 quiry, such as a primary inspection at a checkpoint, 

16 shall record— 

17 (A) the date, time, and location of the con18 tact; 

19 (B) the identifying characteristics of such 

20 individual, including the individual’s perceived 

21 race, gender, ethnicity, and approximate age; 

22 (C) a description of any items seized dur23 ing such search, including contraband or 

24 money, and a specification of the type of search 

25 conducted; 


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1 (D) whether any arrest, detention, warn2 ing, or citation resulted from such contact; 

3 (E) the immigration status of the indi4 vidual, only if obtained during the ordinary 

5 course of the contact without additional ques6 tioning in accordance with this section; 

7 (F) if the contact involved an individual 

8 whose primary language of communication is 

9 not English, the means of communication used; 

10 (G) whether a body-worn camera or any 

11 other video or audio recording exists that re12 corded the stop or detention; and 

13 (H) if the contact was initiated by a State 

14 or local law enforcement agency of a State, 

15 whether such agency was acting pursuant to— 

16 (i) an agreement entered into under 

17 section 287(g) of the Immigration and Na18 tionality Act (8 U.S.C. 1357(g)); 

19 (ii) authorization under title IV of the 

20 Tariff Act of 1930 (19 U.S.C. 1401 et 

21 seq.); or 

22 (iii) pursuant to any other agreement 

23 with the Department of Homeland Secu24 rity, including any Federal grant program. 


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1 (2) REQUIREMENT FOR U.S. CUSTOMS AND

2 BORDER PROTECTION DATA COLLECTION REGARD3 ING CHECKPOINTS.—The Commissioner of U.S. Cus4 toms and Border Protection shall collect data re5 garding— 

6 (A) the number of permanent and tem7 porary checkpoints utilized by agents and offi8 cers of U.S. Customs and Border Protection; 

9 (B) the location of each such checkpoint; 

10 (C) the dates on which a temporary check11 point was used; and 

12 (D) a description of each such checkpoint, 

13 including the presence of any other law enforce14 ment agencies and the use of law enforcement 

15 resources, such as canines and surveillance 

16 technologies, including license plate readers. 

17 (3) RULEMAKING.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Homeland Security, in consultation with 

20 stakeholders, including research, civil, and human 

21 rights organizations, shall promulgate regulations re22 lating to the collection and reporting of data re23 quired under paragraphs (1) and (2). Such regula24 tions shall— 

25 (A) specify all data to be reported; and 


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1 (B) provide standards, definitions, and 

2 technical specifications to ensure uniform re3 porting 

4 (4) COMPILATION OF DATA.— 

5 (A) DEPARTMENT OF HOMELAND SECU6 RITY LAW ENFORCEMENT OFFICIALS.—The 

7 Secretary of Homeland Security shall— 

8 (i) compile the data collected under 

9 paragraph (1) by agents and officers of 

10 U.S. Customs and Border Protection and 

11 the data collected under paragraph (2) by 

12 the Commissioner of U.S. Customs and 

13 Border Protection; and 

14 (ii) determine— 

15 (I) whether any complaint was 

16 made by the individual subject to the 

17 contact under paragraph (1); and 

18 (II) which oversight component 

19 within or outside of the Department 

20 of Homeland Security investigated the 

21 complaint. 

22 (B) OTHER LAW ENFORCEMENT OFFI23 CIALS.—The head of each agency, department, 

24 or other entity that employs law enforcement 


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1 officials other than agents and officers referred 

2 to in subparagraph (A) shall— 

3 (i) compile the data collected by such 

4 law enforcement officials pursuant to para5 graph (1); and 

6 (ii) submit the compiled data to the 

7 Secretary of Homeland Security. 

8 (5) USE OF DATA.—The Secretary of Homeland 

9 Security shall consider the data compiled pursuant 

10 to paragraph (4) in making policy and program deci11 sions. 

12 (6) AUDIT AND REPORT.—Not later than 1 

13 year after the effective date of the regulations pro14 mulgated pursuant to paragraph (3), the Comp15 troller General of the United States shall— 

16 (A) conduct an audit of the data compiled 

17 under paragraph (4) to determine whether law 

18 enforcement officials are complying with the 

19 data collection requirements under paragraph 

20 (1); and 

21 (B) submit a report to Congress that con22 tains a summary of the findings of such audit. 

23 (c) ANNUAL REPORT.— 

24 (1) REQUIREMENT.—Not later than 1 year 

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1 nually thereafter, the Secretary of Homeland Secu2 rity shall submit a report to Congress containing the 

3 data compiled under subsection (b)(3), including all 

4 such data for the previous year. 

5 (2) AVAILABILITY.—Each report submitted 

6 under paragraph (1) shall be made available to the 

7 public, except for particular data if the Secretary of 

8 Homeland Security— 

9 (A) explicitly invokes an exemption con10 tained in paragraphs (1) through (9) of section 

11 552(b) of title 5, United States Code; and 

12 (B) provides a written explanation for the 

13 exemption’s applicability. 

14 (3) PRIVACY.—The Secretary may not report 

15 unique personal identifying information of persons 

16 stopped, searched, or subjected to a property sei17 zure, for purposes of this section. 

18 (4) PUBLICATION.—The data compiled pursu19 ant to subsection (b)(3) shall be made available to 

20 the public to the extent the release of such data is 

21 permissible under Federal law. 

22 SEC. 7. REPORTING REQUIREMENTS. 

23 (a) ANNUAL CBP REPORT ON MISSION AND PER24 SONNEL BY BORDER PATROL SECTOR.—Not later than 

25 1 year after the date of the enactment of this Act and 


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1 annually thereafter, the Commissioner of U.S. Customs 

2 and Border Protection shall submit a report to the Com3 mittee on Homeland Security and Governmental Affairs 

4 of the Senate and the Committee on Homeland Security 

5 of the House of Representatives that includes, for each 

6 Border Patrol sector— 

7 (1) an assessment of the most appropriate, 

8 practical, and cost effective means of defending the 

9 land borders of the United States against threats to 

10 security and illegal transit, including intelligence ca11 pacities, technology, equipment, personnel, and 

12 training needed to address security vulnerabilities; 

13 (2) an assessment of staffing needs for all bor14 der security functions, including an assessment of 

15 efforts to take into account asylum seekers, traf16 ficking victims, unaccompanied children, and other 

17 vulnerable populations; 

18 (3) a description of— 

19 (A) the border security roles and missions 

20 of Federal, State, regional, tribal, and local au21 thorities; and 

22 (B) recommendations regarding actions the 

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1 der security activities to be carried out in a 

2 more efficient and effective manner; 

3 (4) a description of ways to ensure that the free 

4 flow of travel and commerce is not diminished by ef5 forts, activities, and programs aimed at securing the 

6 land borders of the United States; and 

7 (5) an impact assessment of the loss of trade 

8 and commerce due to inadequate staffing at land 

9 ports of entry by U.S. Customs and Border Protec10 tion agents and officers. 

11 (b) ANNUAL REPORT ON MIGRANT DEATHS.— 

12 (1) CBP AND ICE.—Not later than 180 days 

13 after the date of the enactment of this Act, and an14 nually thereafter, the Commissioner of U.S. Customs 

15 and Border Protection and the Director of U.S. Im16 migration and Customs Enforcement shall jointly 

17 submit a report to the Comptroller General of the 

18 United States, the Committee on Homeland Security 

19 and Governmental Affairs of the Senate, and the 

20 Committee on Homeland Security of the House of 

21 Representatives regarding deaths occurring along 

22 the United States-Mexico border, including— 

23 (A) the number of documented migrant 

24 deaths; 


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1 (B) a geographical breakdown of where 

2 such migrant deaths occurred; 

3 (C) the cause of death for each migrant, to 

4 the extent such information is available; 

5 (D) the extent to which border technology, 

6 physical barriers, and enforcement programs 

7 have contributed to such migrant deaths; and 

8 (E) a detailed description of U.S. Customs 

9 and Border Protection and U.S. Immigration 

10 and Customs Enforcement programs or plans to 

11 reduce the number of migrant deaths along the 

12 border, including an assessment on the effec13 tiveness of water supply sites and rescue bea14 cons. 

15 (2) GAO REVIEW.—Not later than 90 days 

16 after the submission of each report required under 

17 paragraph (1), the Comptroller General of the 

18 United States shall review such report to deter19 mine— 

20 (A) the validity of U.S. Customs and Bor21 der Protection’s and U.S. Immigration and 

22 Customs Enforcement’s statistical analyses of 

23 migrant deaths; 

24 (B) the extent to which U.S. Customs and 

25 Border Protection and U.S. Immigration and 


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1 Customs Enforcement have adopted simple and 

2 low-cost measures, such as water supply sites 

3 and rescue beacons, to reduce the frequency of 

4 migrants deaths; 

5 (C) the extent to which U.S. Customs and 

6 Border Protection and U.S. Immigration and 

7 Customs Enforcement measure the effectiveness 

8 of its programs to address the frequency of mi9 grant deaths; and 

10 (D) the extent of data and information 

11 sharing and cooperation among U.S. Customs 

12 and Border Protection, U.S. Immigration and 

13 Customs Enforcement, State and local law en14 forcement, foreign diplomatic and consular 

15 posts, and nongovernmental organizations— 

16 (i) to accurately identify deceased in17 dividuals; 

18 (ii) to notify family members of such 

19 deaths; and 

20 (iii) to compare information to miss21 ing persons registries. 

22 (c) GAO REPORT ON USE OF FORCE.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of the enactment of this Act, the Comp25 troller General of the United States shall conduct a 


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1 study that examines the extent to which U.S. Cus2 toms and Border Protection has clarified use of 

3 force policies and submit a report to Congress con4 taining the results of such study, which shall in5 clude— 

6 (A) the extent to which U.S. Customs and 

7 Border Protection has implemented new train8 ing tactics to improve use of force policies, in9 cluding how the use of force policies conform to 

10 Department of Homeland Security and Federal 

11 law enforcement best practices; 

12 (B) the extent to which U.S. Customs and 

13 Border Protection has identified additional or 

14 alternative weapons and equipment to improve 

15 agents’ and officers’ abilities to de-escalate con16 frontations, including protective gear; 

17 (C) efforts to review and enhance current 

18 training and tactics related to use of force, and 

19 to implement reforms to ensure that agents and 

20 officers are better equipped to assess and re21 spond to threats; 

22 (D) the extent to which U.S. Customs and 

23 Border Protection has established a stakeholder 

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1 hance U.S. Customs and Border Protection’s 

2 use of force training; 

3 (E) the extent to which U.S. Customs and 

4 Border Protection has established metrics— 

5 (i) to track the effectiveness of use of 

6 force training; and 

7 (ii) to ensure the reporting of all uses 

8 of force for review to determine whether 

9 the force used was justified and whether it 

10 could have been avoided through different 

11 tactics or training, better supervision, dif12 ferent tools, adherence to policy, or 

13 changes in policy; 

14 (F) how U.S. Customs and Border Protec15 tion could implement best law enforcement 

16 practices to improve policies for transparent 

17 communication with family members of individ18 uals injured or killed by U.S. Customs and Bor19 der Protection agent’s and officer’s use of force, 

20 including— 

21 (i) updates on any pending investiga22 tions; and 

23 (ii) policies for timely notification of 

24 such injuries and deaths following such 

25 uses of force to the Commissioner of U.S. 


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1 Customs and Border Protection or the Di2 rector of U.S. Immigration and Customs 

3 Enforcement, the Joint Intake Center of 

4 the Department of Homeland Security, the 

5 Office of Inspector General of the Depart6 ment, the Office for Civil Rights and Civil 

7 Liberties of the Department, the Offices of 

8 Public Affairs of the Department, Con9 gress, and the applicable consulates, if ap10 propriate; 

11 (G) how recommendations and requests 

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

13 and Border Protection have been received, re14 viewed, and, if possible, implemented into the 

15 use of force policies and best practices of U.S. 

16 Customs and Border Protection; and 

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

18 Border Protection and U.S. Immigration and 

19 Customs Enforcement electronically track per20 sonal searches and seizures of personal items at 

21 the border, including an assessment of how 

22 such information is used to inform U.S. Cus23 toms and Border Protection policies and proce24 dures. 

25 (2) IMPLEMENTATION OF GAO FINDINGS.— 


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1 (A) IN GENERAL.—The Secretary of 

2 Homeland Security shall direct the Commis3 sioner of U.S. Customs and Border Protection 

4 to implement any recommendations contained 

5 in the report required under paragraph (1). 

6 (B) NOTIFICATION REQUIREMENT.—If the 

7 Secretary of Homeland Security fails to imple8 ment such recommendations, the Secretary 

9 shall submit written notification to the Com10 mittee on Homeland Security and Govern11 mental Affairs of the Senate, and the Com12 mittee on Homeland Security of the House of 

13 Representatives that explains why such rec14 ommendations have not been implemented. 

15 (d) CBP REPORT ON USE OF BODY-WORN CAM16 ERAS.— 

17 (1) DEFINED TERM.—In this subsection, the 

18 term ‘‘data’’ means video and audio footage cap19 tured by a body-worn camera during its use. 

20 (2) IN GENERAL.—Not later than 90 days after 

21 the date of the enactment of this Act, the Commis22 sioner of U.S. Customs and Border Protection shall 

23 submit a report to the Committee on Homeland Se24 curity and Governmental Affairs of the Senate, and 

25 the Committee on Homeland Security of the House 


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1 of Representatives relating to the use, practices, and 

2 procedures of body-worn cameras by U.S. Customs 

3 and Border Protection agents and officers, includ4 ing— 

5 (A) the number of body-worn cameras in 

6 active use within U.S. Customs and Border 

7 Protection; 

8 (B) the location, broken down by station, 

9 in which such body-worn cameras are in use; 

10 (C) the rank and position of the agents 

11 and officers of U.S. Customs and Border Pro12 tection at each such station who are assigned 

13 body-worn cameras; 

14 (D) the standing policies of U.S. Customs 

15 and Border Protection regarding— 

16 (i) the storage of body-worn camera 

17 data, including additional requirements or 

18 decisions that are unique to a particular 

19 sector; 

20 (ii) the review of data from individual 

21 body-worn cameras; and 

22 (iii) the request for review of data 

23 from individual body-worn cameras by U.S. 

24 Customs and Border Protection personnel 

25 or civilians; 


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1 (E) the latest complaint reports from each 

2 sector and location in which body-worn cameras 

3 are being used; and 

4 (F) any existing plan to implement, on a 

5 permanent basis, the use of body-worn cameras 

6 by officers and agents of U.S. Customs and 

7 Border Protection. 

8 (3) GAO REVIEW.—Not later than 90 days 

9 after the submission of the report required under 

10 paragraph (2), the Comptroller General of the 

11 United States shall review such report to deter12 mine— 

13 (A) the extent to which U.S. Customs and 

14 Border Protection has adopted measures re15 lated to body-worn cameras; and 

16 (B) the effectiveness of U.S. Customs and 

17 Border Protection use, practices, and proce18 dures of body-worn cameras by agents and offi19 cers. 

20 (e) REPORT ON THE IMPACT OF BORDER ENFORCE21 MENT TECHNOLOGIES AND OPERATIONS ON BORDER

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

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

24 Security shall submit a report to the Committee on Home25 land Security and Governmental Affairs of the Senate, the 


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1 Committee on the Judiciary of the Senate, the Committee 

2 on Homeland Security of the House of Representatives, 

3 and the Committee on the Judiciary of the House of Rep4 resentatives that assesses— 

5 (1) the efforts and technologies used along 

6 United States borders; and 

7 (2) the impact on border communities of such 

8 efforts and technologies on civil rights, private prop9 erty rights, privacy rights, and civil liberties. 

10 (f) GAO REPORT ON THE EXTENT OF CBP ACTIVI11 TIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 

12 later than 1 year after the date of the enactment of this 

13 Act, the Comptroller General of the United States shall 

14 submit a report to the congressional committees referred 

15 to in subsection (e) that assesses— 

16 (1) the range of the current activities, oper17 ations (including checkpoints), and claimed authority 

18 of U.S. Customs and Border Protection; 

19 (2) the extent to which the range of activities, 

20 operations, and claimed authority referred to in 

21 paragraph (1) is necessary for U.S. Customs and 

22 Border Protection’s interior enforcement; and 

23 (3) the impact of U.S. Customs and Border 

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1 scribed in paragraphs (1) and (2) on civil, constitu2 tional, and private property rights. 

Æ 


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