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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3160 Introduced in Senate (IS)]

<DOC>

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. Lujan (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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Accountability, Oversight, 
and Community Engagement Act''.

SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT.

    (a) Department of Homeland Security Border Oversight Commission.--
            (1) Establishment.--There is established an independent 
        commission, which shall be known as the ``Department of 
        Homeland Security Border Oversight Commission'' (referred to in 
        this Act as the ``Commission'').
            (2) Organization.--
                    (A) Leadership.--The Commission shall be led by a 
                Chair and a Vice Chair.
                    (B) Membership.--
                            (i) In general.--The Commission shall be 
                        composed of 30 members, who--
                                    (I) shall be appointed by the 
                                Speaker and the minority leader of the 
                                House of Representatives and the 
                                majority and minority leaders of the 
                                Senate, in consultation with the 
                                President; and
                                    (II) shall have expertise in 
                                migration, local crime indices, civil 
                                and human rights, community relations, 
                                cross-border trade and commerce, 
                                quality of life indicators, or other 
                                pertinent experience.
                            (ii) Regional representation.--Of the 30 
                        members appointed pursuant to clause (i)(I)--
                                    (I) 13 members shall be from the 
                                northern border region and shall 
                                comprise the northern border 
                                subcommittee; and
                                    (II) 17 members shall be from the 
                                southern border region and shall 
                                comprise the southern border 
                                subcommittee.
                            (iii) Northern border subcommittee.--Of the 
                        13 members from the northern border region--
                                    (I) 2 shall be elected local 
                                government officials;
                                    (II) 2 shall be local law 
                                enforcement officials;
                                    (III) 2 shall be civil rights 
                                advocates;
                                    (IV) 1 shall represent the business 
                                community;
                                    (V) 1 shall represent institutions 
                                of higher education;
                                    (VI) 1 shall represent a faith 
                                community;
                                    (VII) 2 shall be U.S. Border Patrol 
                                officers or agents, including at least 
                                1 member of the National Border Patrol 
                                Council; and
                                    (VIII) 2 shall be tribal officials.
                            (iv) Southern border subcommittee.--Of the 
                        17 members from the southern border region--
                                    (I) 3 shall be elected local 
                                government officials;
                                    (II) 3 shall be local law 
                                enforcement officials;
                                    (III) 3 shall be civil rights 
                                advocates;
                                    (IV) 2 shall represent the business 
                                community;
                                    (V) 1 shall represent institutions 
                                of higher education;
                                    (VI) 1 shall represent a faith 
                                community;
                                    (VII) 2 shall be U.S. Border Patrol 
                                officers or agents, including at least 
                                1 member of the National Border Patrol 
                                Council; and
                                    (VIII) 2 shall be tribal officials.
                            (v) Chair; vice chair.--The members of the 
                        Commission shall elect a Chair and a Vice Chair 
                        from among its members by a majority vote of at 
                        least 16 members.
                            (vi) Terms of service.--The Chair and the 
                        Vice Chair of the Commission shall serve 4-year 
                        terms in such positions. Members of the 
                        Commission shall also serve 4-year terms.
                            (vii) Appointment deadline.--Congress shall 
                        make the initial appointments to the Commission 
                        not later than 180 days after the date of the 
                        enactment of this Act.
            (3) Meetings.--
                    (A) Commission.--The Commission shall meet at least 
                semiannually and may convene additional meetings as 
                necessary.
                    (B) Subcommittees.--The northern border and 
                southern border subcommittees shall meet at least 
                quarterly, and may convene additional meetings, as 
                necessary.
            (4) Duties.--The Commission, the northern border 
        subcommittee, and the southern border subcommittee shall--
                    (A) develop recommendations for improvements 
                regarding border enforcement policies, strategies, and 
                programs that take into consideration their impact on 
                border communities;
                    (B) evaluate policies, strategies, and programs of 
                Federal agencies operating along the northern and 
                southern United States borders--
                            (i) to protect--
                                    (I) due process;
                                    (II) the civil and human rights of 
                                border residents and visitors; and
                                    (III) private property rights of 
                                land owners;
                            (ii) to reduce the number of migrant 
                        deaths; and
                            (iii) to improve the safety of agents and 
                        officers of U.S. Customs and Border Protection;
                    (C) develop recommendations for improvements 
                regarding the safety of agents and officers of U.S. 
                Customs and Border Protection while such agents and 
                officers are in the field; and
                    (D) evaluate training and establish training 
                courses related to--
                            (i) management and leadership skills for 
                        supervisors in each U.S. Border Patrol sector, 
                        at each port of entry on the northern and 
                        southern United States borders; and
                            (ii) the extent to which supervisory and 
                        management personnel practices at U.S. Customs 
                        and Border Protection--
                                    (I) encourage and facilitate 
                                workforce development for agents and 
                                officers; and
                                    (II) promote agent and officer 
                                field safety and post-Federal Law 
                                Enforcement Training Center (referred 
                                to in this Act as ``FLETC'') training 
                                of border enforcement personnel in 
                                accordance with section 6.
            (5) Additional responsibilities.--
                    (A) In general.--In carrying out the duties set 
                forth in paragraph (4), the Commission shall take into 
                consideration any recommendations and evaluations 
                agreed upon by the northern border subcommittee and the 
                southern border subcommittee.
                    (B) Subcommittee reports.--The northern border 
                subcommittee and the southern border subcommittee shall 
                each--
                            (i) submit an annual report to the Chair 
                        and Vice Chair of the Commission that contains 
                        the recommendations and evaluations of the 
                        subcommittees referred to in paragraph (4); and
                            (ii) make each such report available to the 
                        public.
            (6) Prohibition on compensation.--Members of the Commission 
        may not receive pay, allowances, or benefits from the Federal 
        Government by reason of their service on the Commission or 
        either of its subcommittees.
    (b) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member of the Commission, may, for 
the purpose of carrying out this Act, hold such hearings, and sit and 
act at such times and places, take such testimony, receive such 
evidence, and administer such oaths as the Commission or such 
designated subcommittee or designated member determines necessary to 
carry out its duties under subsection (a)(4).
    (c) Savings Provision.--Nothing in this Act may be construed as 
affecting the investigative and disciplinary procedures of U.S. Customs 
and Border Protection or the Department of Homeland Security with 
respect to agents and officers of U.S. Customs and Border Protection.
    (d) Reports.--
            (1) Annual reports.--The Commission shall--
                    (A) submit an annual report to the Secretary of 
                Homeland Security that contains information regarding 
                the activities, findings, and recommendations of the 
                Commission, including the northern border subcommittee 
                and the southern border subcommittee, for the preceding 
                year; and
                    (B) make each such report available to the public.
            (2) Congressional notification.--The Secretary of Homeland 
        Security shall brief the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on the 
        Judiciary of the Senate, the Committee on Homeland Security of 
        the House of Representatives, and the Committee on the 
        Judiciary of the House of Representatives regarding each report 
        received under paragraph (1).

SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND 
              IMMIGRATION RELATED CONCERNS.

    (a) In General.--Subtitle A of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 202 et seq.) is amended by adding at the end the 
following:

``SEC. 406. OMBUDSMAN FOR BORDER AND IMMIGRATION-RELATED CONCERNS.

    ``(a) In General.--There shall be within the Department an 
Ombudsman for Border and Immigration-Related Concerns (referred to in 
this section as the `Ombudsman'). The individual appointed as Ombudsman 
shall have a background in immigration or civil liberties law or law 
enforcement and shall report directly to the Secretary.
    ``(b) Organizational Independence.--The Secretary shall take 
appropriate action to ensure the independence of the Ombudsman's office 
from other officers or employees of the Department engaged in border 
security or immigration activities.
    ``(c) Staffing.--The Secretary shall take appropriate action to 
ensure that the Ombudsman's office is sufficiently staffed and 
resourced to carry out its duties effectively and efficiently.
    ``(d) Functions.--The Ombudsman shall--
            ``(1) establish an independent, neutral, and appropriately 
        confidential process to receive, investigate, resolve, and 
        provide redress, including immigration relief, monetary 
        damages, or any other action determined appropriate, for 
        complaints, grievances, or requests for assistance from 
        individuals, associations, and employers regarding the border 
        security and immigration activities of the Department;
            ``(2) conduct inspections of the facilities, including 
        privately-owned or operated contract facilities, of U.S. 
        Customs and Border Protection, U.S. Immigration and Customs 
        Enforcement, and U.S. Citizenship and Immigration Services;
            ``(3) assist individuals and families who--
                    ``(A) have been victims of crimes committed by 
                noncitizens present in the United States or of violence 
                near the United States border; or
                    ``(B) have been impacted by situations in which the 
                Department has exercised force against an individual, 
                including by use of a firearm, electronic control 
                weapon, explosive device, chemical agent, baton, 
                projectile, blunt instrument, body part, canine, or 
                vehicle;
            ``(4) identify areas in which individuals, associations, 
        and employers have identified concerns with respect to 
        interacting with U.S. Customs and Border Protection, U.S. 
        Immigration and Customs Enforcement, or U.S. Citizenship and 
        Immigration Services;
            ``(5) propose changes in the administrative practices of 
        U.S. Customs and Border Protection, U.S. Immigration and 
        Customs Enforcement, and U.S. Citizenship and Immigration 
        Services to mitigate problems identified under this section;
            ``(6) review, examine, and make recommendations regarding 
        the border security and immigration and enforcement activities 
        of U.S. Customs and Border Protection, U.S. Immigration and 
        Customs Enforcement, and U.S. Citizenship and Immigration 
        Services;
            ``(7) establish a uniform and standardized complaint 
        process regarding complaints against any individual employed by 
        U.S. Customs and Border Protection or U.S. Immigration and 
        Customs Enforcement for violations of standards of professional 
        conduct that--
                    ``(A) requires the completion of an independent 
                review and investigation not later than 1 year after 
                the receipt of any such complaint;
                    ``(B) requires that complainants receive--
                            ``(i) written confirmation that their 
                        complaint was received not later than 60 days 
                        after such receipt; and
                            ``(ii) a written summary regarding the 
                        outcome of such complaint not later than 30 
                        days after the completion of the review and 
                        investigation under subparagraph (A), including 
                        findings of fact, recommended action, and 
                        available redress;
                    ``(C) features--
                            ``(i) a centralized multilingual online 
                        complaint form that includes street address, 
                        toll-free telephone number, and electronic 
                        mailbox address to permit an individual to file 
                        an immigration or border-related complaint and 
                        submit supporting evidence through the portal 
                        of choice of any such individual; and
                            ``(ii) the posting of multilingual 
                        information relating to such form at ports of 
                        entry and at U.S. Border Patrol interior 
                        checkpoints;
                    ``(D) includes procedures for referring complaints 
                to the Office for Civil Rights and Civil Liberties, the 
                Office of the Inspector General, or other appropriate 
                agency of the Department;
                    ``(E) establishes a publicly accessible national, 
                standardized database capable of tracking and analyzing 
                complaints and their resolution; and
                    ``(F) provides publicly accessible records, with 
                copies of complaints, and their resolutions permanently 
                preserved and available for inspection, while 
                maintaining the confidentiality of complainants' 
                identities; and
            ``(8) establishes an online detainee locator system for 
        individuals held in U.S. Customs and Border Protection custody.
    ``(e) Other Responsibilities.--In addition to the functions 
specified in subsection (d), the Ombudsman shall--
            ``(1) monitor the coverage and geographic allocation of 
        local offices of the Ombudsman, including appointing local 
        ombudsmen for border and immigration related concerns;
            ``(2) evaluate and take personnel actions (including 
        dismissal) with respect to any employee of the Ombudsman;
            ``(3) recommend disciplinary action, including contract 
        termination, suspension, and debarment, or termination, 
        suspension, and sanctions, to the appropriate departmental 
        entity regarding any contractor proven to have violated 
        departmental policies or procedures while executing any border 
        security or immigration activity;
            ``(4) refer to the Inspector General of the Department any 
        complaints of the violation of departmental policies or 
        procedures by any Department employee relating to border 
        security or immigration activity; and
            ``(5) provide each complainant with a summary of the 
        outcome of any action taken in response to a complaint, 
        grievance, or request for assistance from such complainant, 
        including any findings of fact, recommended action, and 
        available redress.
    ``(f) Complainants.--
            ``(1) Eligibility.--Any interested party, including a legal 
        representative, may file a complaint through the complaint 
        process established pursuant to subsection (d)(7).
            ``(2) Retaliatory action prohibited.--Complainants and 
        other individuals identified in a complaint submitted under 
        this section shall be protected from retaliatory action by law 
        enforcement or by any officer of the United States based on the 
        content of such complaint. No information contained in a 
        complaint that is germane to such complaint may be used as 
        evidence in any removal or criminal proceedings against the 
        complainant or any individual identified in such complaint.
            ``(3) No effect on removal or criminal proceedings.--
        Neither the filing of a complaint nor the contents of a 
        complaint shall confer immunity or otherwise impact any removal 
        or criminal proceedings against a complainant or an individual 
        identified in such complaint.
            ``(4) Privacy.--No personally identifiable information 
        related to an individual involved in a complaint which would 
        result in identification of such individual may be published.
            ``(5) Assistance.--All complainants shall receive full 
        assistance from the Department in filing complaints, including 
        language assistance, accommodations for disabilities, and 
        accurate and complete responses to their questions.
    ``(g) Request for Investigations.--The Ombudsman may request the 
Inspector General of the Department to conduct inspections, 
investigations, and audits related to compliance with subsections (d), 
(e), and (f).
    ``(h) Coordination With Department Components.--
            ``(1) In general.--The Director of U.S. Citizenship and 
        Immigration Services, the Assistant Secretary of U.S. 
        Immigration and Customs Enforcement, and the Commissioner of 
        U.S. Customs and Border Protection shall each establish 
        procedures to provide formal responses to recommendations 
        submitted to such officials by the Ombudsman not later than 60 
        days after receiving such recommendations.
            ``(2) Access to information.--The Secretary shall establish 
        procedures to provide the Ombudsman access to all departmental 
        records that are necessary to execute the responsibilities of 
        the Ombudsman under subsection (d) or (e) not later than 60 
        days after the Ombudsman requests such information.
    ``(i) Public Outreach.--The Secretary shall--
            ``(1) take all appropriate action to advise the public 
        regarding the existence, duties, responsibilities, and 
        grievance processes of the Ombudsman's office; and
            ``(2) promulgate regulations to ensure--
                    ``(A) the public's ability to file grievances with 
                the Ombudsman's office electronically; and
                    ``(B) that absent written permission of all 
                affected parties, all documents submitted to the 
                Ombudsman's office are used solely by the Ombudsman's 
                office to advance the purposes described in this 
                section.
    ``(j) Annual Reporting.--Not later than June 30 of each calendar 
year beginning after the date of the enactment of the Border 
Accountability, Oversight, and Community Engagement Act, the Ombudsman 
shall submit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on the Judiciary of 
the Senate, the Committee on Homeland Security of the House of 
Representatives, and the Committee on the Judiciary of the House of 
Representatives that includes--
            ``(1) the number and type of complaints received under this 
        section;
            ``(2) the demographics of the complainants who filed such 
        complaints;
            ``(3) the results of the investigations conducted in 
        response to such complaints, including violations of standards 
        and any disciplinary actions taken;
            ``(4) the identification of any complaint patterns that 
        could be prevented or reduced by policy training or practice 
        changes;
            ``(5) an inventory of complaints received under this 
        section for which action has been taken and the period between 
        the receipt of each such complaint and its resolution;
            ``(6) an inventory of complaints received under this 
        section for which action was not taken during the 1-year period 
        immediately following the filing of such complaint, including 
        the period during which each such complaint remained open, and 
        the reason for failing to resolve each such complaint during 
        such 1-year period;
            ``(7) recommendations that the Ombudsman has made to 
        improve the services and responsiveness of U.S. Citizenship and 
        Immigration Services, U.S. Immigration and Customs Enforcement, 
        and U.S. Customs and Border Protection, and any responses 
        received from each such component or the Department regarding 
        such recommendations; and
            ``(8) any other information that the Ombudsman considers 
        relevant to such report.
    ``(k) Establishment of Border Communities Liaison Office.--
            ``(1) In general.--The Ombudsman, in conjunction with the 
        Office for Civil Rights and Civil Liberties of the Department, 
        shall establish a Border Community Liaison Office (referred to 
        in this subsection as the `Liaison Office') in each U.S. Border 
        Patrol sector on the northern and southern borders of the 
        United States.
            ``(2) Purposes.--Each Liaison Office shall--
                    ``(A) foster cooperation between U.S. Border 
                Patrol, U.S. Customs and Border Protection's Office of 
                Field Operations, and border communities;
                    ``(B) consult with border communities regarding the 
                development of policies, directives, and programs of 
                U.S. Border Patrol and the Office of Field Operations; 
                and
                    ``(C) receive feedback from border communities 
                regarding the performance of U.S. Border Patrol and the 
                Office of Field Operations.
            ``(3) Membership.--Each Liaison Office shall be comprised 
        of equal representation from the border community and U.S. 
        Customs and Border Protection, including not fewer than--
                    ``(A) 1 member of the community in which each U.S. 
                Border Patrol sector is located who has expertise in 
                migration, local public safety, civil and human rights, 
                the local community, or community relations;
                    ``(B) 1 member of an Indian tribe (as such term is 
                defined in section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 5304)) or a 
                tribal organization;
                    ``(C) 1 Border Patrol processing coordinator with 
                significant experience working for U.S. Border Patrol; 
                and
                    ``(D) 1 nonuniformed U.S. Customs and Border Patrol 
                officer with significant experience working for U.S. 
                Customs and Border Protection.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 (Public Law 107-296) is amended by inserting after 
the item relating to section 405 the following:

``Sec. 406. Ombudsman for Border and Immigration-Related Concerns.''.

SEC. 4. TRAINING AND CONTINUING EDUCATION.

    (a) Mandatory Training and Continuing Education To Promote CBP 
Agent and Officer Safety and Professionalism.--
            (1) Policies and guidelines.--The Secretary of Homeland 
        Security shall establish policies and guidelines to ensure that 
        all U.S. Customs and Border Protection agents and officers 
        receive a minimum of--
                    (A) 19 weeks of training for employees of U.S. 
                Customs and Border Protection's Office of Field 
                Operations, and 23 weeks of training for employees of 
                U.S. Border Patrol, that--
                            (i) is directly related to the mission of 
                        U.S. Border Patrol and U.S. Customs and Border 
                        Protection's Office of Field Operations before 
                        the initial assignment of such agents and 
                        officers; and
                            (ii) is in alignment with curriculum 
                        developed and endorsed by FLETC; and
                    (B) 8 hours of training and continuing education 
                annually after the completion of the training referred 
                to in subparagraph (A).
            (2) Trainers.--The training and continuing education 
        described in paragraph (1) shall be conducted by attorneys 
        who--
                    (A) have experience with the Fourth Amendment to 
                the United States Constitution, including appropriate 
                application of the use of force by agents and officers 
                of U.S. Customs and Border Protection; and
                    (B) are members of the Department of Homeland 
                Security's Office of General Counsel.
    (b) FLETC.--The Secretary of Homeland Security shall establish 
policies and guidelines governing training with FLETC and continuing 
education of agents and officers of U.S. Customs and Border Protection 
regarding border awareness, accountability, and oversight. Such 
training with FLETC shall include individual courses regarding--
            (1) community relations, including--
                    (A) best practices in community policing;
                    (B) best practices to adhere to policies limiting 
                the location of enforcement and cooperation with local 
                law enforcement; and
                    (C) best practices in responding to grievances, 
                including how to refer complaints to the Ombudsman for 
                Border and Immigration-Related Concerns in accordance 
                with section 452 of the Homeland Security Act of 2002, 
                as amended by section 3;
            (2) interdiction, including--
                    (A) instruction regarding formal and proper command 
                language;
                    (B) situational awareness of what language is 
                appropriate in a given situation;
                    (C) policies and guidelines regarding the legal 
                application of use of force;
                    (D) policies and training scenarios necessary to 
                ensure the safety of the agent or officer and the 
                surrounding community during interventions in urban 
                areas, including--
                            (i) scenario-based training and guidelines; 
                        and
                            (ii) non-lethal force training and 
                        certification on at least 1 non-lethal force 
                        instrument, including electronic control 
                        weapons; and
                    (E) policies necessary to ensure the safety of the 
                agent or officer and the surrounding community during 
                interventions in rural and remote locations;
            (3) vulnerable populations, including instruction on 
        screening, identifying, and responding to vulnerable 
        populations, such as children, victims of human trafficking, 
        victims of trauma, and the acutely ill;
            (4) cultural and societal issues, including--
                    (A) understanding the diversity of immigrant 
                communities;
                    (B) language and basic cultural awareness of major 
                migrant-sending countries;
                    (C) natural resource protection and environmental 
                policies along the United States border;
                    (D) privacy considerations regarding border-related 
                technologies; and
                    (E) the history and ethics of asylum law; and
            (5) standards of professional conduct, including--
                    (A) the lawful use of force;
                    (B) complying with chain of command and lawful 
                orders;
                    (C) conduct and ethical behavior toward the public 
                in a civil and professional manner;
                    (D) respect for civil rights and the protection of 
                the well-being of individuals;
                    (E) non-racially biased questioning techniques; and
                    (F) de-escalation tactics and alternatives to the 
                use of force.
    (c) Supervisor Training.--In addition to the training and 
continuing education required to be established under subsections (a) 
and (b), the Secretary of Homeland Security shall establish policies 
and guidelines governing the continuing education of agents and 
officers of U.S. Customs and Border Protection in supervisory or 
management positions, including--
            (1) instruction relating to management and leadership best 
        practices;
            (2) refresher instruction or in-service training relating 
        to legal application of use of force policies and guidelines, 
        intervention, community relations, and professional conduct; 
        and
            (3) mitigation training to identify, diagnose, and address 
        issues within such supervisory and management roles.
    (d) Review Process.--The Secretary of Homeland Security shall 
establish a review process to ensure that port supervisors and managers 
of U.S. Customs and Border Protection receive annual evaluations 
regarding--
            (1) their actions and standards of conduct; and
            (2) the actions, situational and educational development, 
        and standards of conduct of their staffs.
    (e) Continuing Education.--
            (1) In general.--The Secretary of Homeland Security shall 
        require all agents and officers of U.S. Customs and Border 
        Protection who are required to undergo training under 
        subsections (a) through (c) to participate in annual continuing 
        education to maintain and update their understanding of Federal 
        legal rulings, court decisions, and Department of Homeland 
        Security policies, procedures, and guidelines related to the 
        subject matters described in such subsections.
            (2) Subject matters.--Continuing education under this 
        subsection shall include training courses on--
                    (A) protecting the civil, constitutional, human, 
                and privacy rights of individuals, with special 
                emphasis on the scope of enforcement authority, 
                including--
                            (i) chain of evidence practices and 
                        document seizure; and
                            (ii) use of force policies available to 
                        agents and officers;
                    (B) the scope of authority of agents and officers 
                to conduct immigration enforcement activities, 
                including interviews, interrogations, stops, searches, 
                arrests, and detentions, in addition to identifying and 
                detecting fraudulent documents;
                    (C) identifying, screening, and responsibility for 
                vulnerable populations, such as children and victims of 
                trafficking; and
                    (D) cultural and societal issues, including--
                            (i) the diversity of immigrant communities;
                            (ii) language and basic cultural awareness 
                        of major migrant-sending countries; and
                            (iii) natural resource protection and 
                        environmental policies along the United States 
                        border.
            (3) Administration.--Courses offered under this 
        subsection--
                    (A) shall be administered in consultation with 
                FLETC by the individual U.S. Border Patrol sectors and 
                U.S. Customs and Border Protection's Office of Field 
                Operations of the Department of Homeland Security in 
                order to provide such sectors' field offices with 
                flexibility to design or tailor such courses to the 
                specific needs and conditions of each such sector and 
                field office; and
                    (B) shall be approved in advance by the Secretary 
                of Homeland Security to ensure that such courses 
                satisfy the requirements for training under this 
                section.
            (4) Rotation.--Courses offered as part of continuing 
        education under this subsection shall include--
                    (A) an annual course focusing on the curriculum 
                described in paragraph (2)(A);
                    (B) a triennial course focusing on curriculum 
                described in paragraph (2)(B);
                    (C) a triennial course focusing on curriculum 
                described in paragraph (2)(C); and
                    (D) a triennial course focusing on curriculum 
                described in paragraph (2)(D).
    (f) Assessment.--Not later than 6 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives that assesses the training and 
education, including continuing education, required under this section.

SEC. 5. MANAGEMENT OF PORTS OF ENTRY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
a report to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives that contains an assessment of the standards and 
guidelines for managing ports of entry under the control of the 
Department of Homeland Security, including information regarding--
            (1) staffing levels and the need for additional staffing;
            (2) the rules governing the actions of officers of U.S. 
        Customs and Border Protection's Office of Field Operations;
            (3) average delays for transit through land ports of entry;
            (4) existing efforts and technologies used for border 
        security, including the impact of such efforts and technologies 
        on--
                    (A) facilitating trade at ports of entry; and
                    (B) civil rights, private property rights, privacy 
                rights, and civil liberties;
            (5) the economic impact of the policies and practices of 
        U.S. Customs and Border Protection agricultural specialists and 
        U.S. Customs and Border Protection's Office of Field Operations 
        personnel;
            (6) physical infrastructure and technological needs at 
        ports of entry;
            (7) a plan for increasing the number of U.S. Customs and 
        Border Protection's Office of Field Operations officers 
        certified as emergency medical technicians and the number of 
        medical professionals assigned to land ports of entry; and
            (8) a plan for increasing access to land ports of entry 
        that takes into account asylum seekers, victims of trafficking, 
        unaccompanied children, and other vulnerable populations.
    (b) Updates.--Based upon the information and assessment contained 
in the report required under subsection (a), the Secretary of Homeland 
Security shall establish updated guidelines and standards for managing 
ports of entry under the control of the Department of Homeland Security 
to address any identified needs or shortcomings at such ports of entry, 
including, if applicable--
            (1) increasing the number of U.S. Customs and Border 
        Protection agricultural specialists at ports of entry at which 
        delays hinder or negatively impact the local or national 
        economies;
            (2) updating or increasing the use of technology at ports 
        of entry at which there are average delays exceeding 2 hours 
        based on U.S. Customs and Border Protection data collected 
        during the previous fiscal year;
            (3) publishing rules regarding document handling at ports 
        of entry;
            (4) establishing standards of conduct and demeanor when 
        interacting with individuals with border crossing cards and 
        vulnerable populations, such as children, victims of human 
        trafficking, victims of trauma, and the acutely ill; and
            (5) establishing training courses relating to management 
        and leadership skills for supervisors and managers at ports of 
        entry.

SEC. 6. BORDER ENFORCEMENT ACCOUNTABILITY AND TRANSPARENCY.

    (a) Definitions.--In this section:
            (1) Border security.--The term ``border security'' means 
        the prevention of unlawful entries into the United States, 
        including entries by individuals, instruments of terrorism, 
        narcotics, and other contraband.
            (2) Checkpoint.--The term ``checkpoint'' means a location--
                    (A) at which vehicles or individuals traveling 
                through the location are stopped by a law enforcement 
                official for the purposes of enforcement of United 
                States immigration laws and regulations; and
                    (B) that is not located at a port of entry along an 
                international border of the United States.
            (3) Law enforcement official.--The term ``law enforcement 
        official'' means--
                    (A) an agent or officer of U.S. Customs and Border 
                Protection; or
                    (B) an officer or employee of a State, or a 
                political subdivision of a State, who is carrying out 
                the functions of an immigration officer pursuant to--
                            (i) an agreement entered into under section 
                        287(g) of the Immigration and Nationality Act 
                        (8 U.S.C. 1357(g));
                            (ii) authorization under title IV of the 
                        Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
                            (iii) any other agreement with the 
                        Department of Homeland Security, including any 
                        Federal grant program.
            (4) Patrol stop.--The term ``patrol stop'' means search, 
        seizure, or interrogation of a motorist, passenger, or 
        pedestrian initiated anywhere except as part of an inspection 
        at a port of entry or a primary inspection at a checkpoint.
            (5) Primary inspection.--The term ``primary inspection'' 
        means an initial inspection of a vehicle or individual at a 
        checkpoint.
            (6) Secondary inspection.--The term ``secondary 
        inspection'' means a further inspection of a vehicle or 
        individual that is conducted following a primary inspection.
    (b) Data Collection by Law Enforcement Officials Enforcing United 
States Laws and Regulations and Making Border Security Stops.--
            (1) Requirement for data collection regarding stops and 
        searches.--A law enforcement official who initiates a patrol 
        stop or who detains any individual beyond a brief and limited 
        inquiry, such as a primary inspection at a checkpoint, shall 
        record--
                    (A) the date, time, and location of the contact;
                    (B) the identifying characteristics of such 
                individual, including the individual's perceived race, 
                gender, ethnicity, and approximate age;
                    (C) a description of any items seized during such 
                search, including contraband or money, and a 
                specification of the type of search conducted;
                    (D) whether any arrest, detention, warning, or 
                citation resulted from such contact;
                    (E) the immigration status of the individual, only 
                if obtained during the ordinary course of the contact 
                without additional questioning in accordance with this 
                section;
                    (F) if the contact involved an individual whose 
                primary language of communication is not English, the 
                means of communication used;
                    (G) whether a body-worn camera or any other video 
                or audio recording exists that recorded the stop or 
                detention; and
                    (H) if the contact was initiated by a State or 
                local law enforcement agency of a State, whether such 
                agency was acting pursuant to--
                            (i) an agreement entered into under section 
                        287(g) of the Immigration and Nationality Act 
                        (8 U.S.C. 1357(g));
                            (ii) authorization under title IV of the 
                        Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
                            (iii) pursuant to any other agreement with 
                        the Department of Homeland Security, including 
                        any Federal grant program.
            (2) Requirement for u.s. customs and border protection data 
        collection regarding checkpoints.--The Commissioner of U.S. 
        Customs and Border Protection shall collect data regarding--
                    (A) the number of permanent and temporary 
                checkpoints utilized by agents and officers of U.S. 
                Customs and Border Protection;
                    (B) the location of each such checkpoint;
                    (C) the dates on which a temporary checkpoint was 
                used; and
                    (D) a description of each such checkpoint, 
                including the presence of any other law enforcement 
                agencies and the use of law enforcement resources, such 
                as canines and surveillance technologies, including 
                license plate readers.
            (3) Rulemaking.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in consultation with stakeholders, including research, civil, 
        and human rights organizations, shall promulgate regulations 
        relating to the collection and reporting of data required under 
        paragraphs (1) and (2). Such regulations shall--
                    (A) specify all data to be reported; and
                    (B) provide standards, definitions, and technical 
                specifications to ensure uniform reporting
            (4) Compilation of data.--
                    (A) Department of homeland security law enforcement 
                officials.--The Secretary of Homeland Security shall--
                            (i) compile the data collected under 
                        paragraph (1) by agents and officers of U.S. 
                        Customs and Border Protection and the data 
                        collected under paragraph (2) by the 
                        Commissioner of U.S. Customs and Border 
                        Protection; and
                            (ii) determine--
                                    (I) whether any complaint was made 
                                by the individual subject to the 
                                contact under paragraph (1); and
                                    (II) which oversight component 
                                within or outside of the Department of 
                                Homeland Security investigated the 
                                complaint.
                    (B) Other law enforcement officials.--The head of 
                each agency, department, or other entity that employs 
                law enforcement officials other than agents and 
                officers referred to in subparagraph (A) shall--
                            (i) compile the data collected by such law 
                        enforcement officials pursuant to paragraph 
                        (1); and
                            (ii) submit the compiled data to the 
                        Secretary of Homeland Security.
            (5) Use of data.--The Secretary of Homeland Security shall 
        consider the data compiled pursuant to paragraph (4) in making 
        policy and program decisions.
            (6) Audit and report.--Not later than 1 year after the 
        effective date of the regulations promulgated pursuant to 
        paragraph (3), the Comptroller General of the United States 
        shall--
                    (A) conduct an audit of the data compiled under 
                paragraph (4) to determine whether law enforcement 
                officials are complying with the data collection 
                requirements under paragraph (1); and
                    (B) submit a report to Congress that contains a 
                summary of the findings of such audit.
    (c) Annual Report.--
            (1) Requirement.--Not later than 1 year after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary of Homeland Security shall submit a report to 
        Congress containing the data compiled under subsection (b)(3), 
        including all such data for the previous year.
            (2) Availability.--Each report submitted under paragraph 
        (1) shall be made available to the public, except for 
        particular data if the Secretary of Homeland Security--
                    (A) explicitly invokes an exemption contained in 
                paragraphs (1) through (9) of section 552(b) of title 
                5, United States Code; and
                    (B) provides a written explanation for the 
                exemption's applicability.
            (3) Privacy.--The Secretary may not report unique personal 
        identifying information of persons stopped, searched, or 
        subjected to a property seizure, for purposes of this section.
            (4) Publication.--The data compiled pursuant to subsection 
        (b)(3) shall be made available to the public to the extent the 
        release of such data is permissible under Federal law.

SEC. 7. REPORTING REQUIREMENTS.

    (a) Annual CBP Report on Mission and Personnel by Border Patrol 
Sector.--Not later than 1 year after the date of the enactment of this 
Act and annually thereafter, the Commissioner of U.S. Customs and 
Border Protection shall submit a report to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives that includes, for 
each Border Patrol sector--
            (1) an assessment of the most appropriate, practical, and 
        cost effective means of defending the land borders of the 
        United States against threats to security and illegal transit, 
        including intelligence capacities, technology, equipment, 
        personnel, and training needed to address security 
        vulnerabilities;
            (2) an assessment of staffing needs for all border security 
        functions, including an assessment of efforts to take into 
        account asylum seekers, trafficking victims, unaccompanied 
        children, and other vulnerable populations;
            (3) a description of--
                    (A) the border security roles and missions of 
                Federal, State, regional, tribal, and local 
                authorities; and
                    (B) recommendations regarding actions the 
                Commissioner could carry out to improve coordination 
                with such authorities to enable border security 
                activities to be carried out in a more efficient and 
                effective manner;
            (4) a description of ways to ensure that the free flow of 
        travel and commerce is not diminished by efforts, activities, 
        and programs aimed at securing the land borders of the United 
        States; and
            (5) an impact assessment of the loss of trade and commerce 
        due to inadequate staffing at land ports of entry by U.S. 
        Customs and Border Protection agents and officers.
    (b) Annual Report on Migrant Deaths.--
            (1) CBP and ice.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Commissioner of U.S. Customs and Border Protection and the 
        Director of U.S. Immigration and Customs Enforcement shall 
        jointly submit a report to the Comptroller General of the 
        United States, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and the Committee on 
        Homeland Security of the House of Representatives regarding 
        deaths occurring along the United States-Mexico border, 
        including--
                    (A) the number of documented migrant deaths;
                    (B) a geographical breakdown of where such migrant 
                deaths occurred;
                    (C) the cause of death for each migrant, to the 
                extent such information is available;
                    (D) the extent to which border technology, physical 
                barriers, and enforcement programs have contributed to 
                such migrant deaths; and
                    (E) a detailed description of U.S. Customs and 
                Border Protection and U.S. Immigration and Customs 
                Enforcement programs or plans to reduce the number of 
                migrant deaths along the border, including an 
                assessment on the effectiveness of water supply sites 
                and rescue beacons.
            (2) GAO review.--Not later than 90 days after the 
        submission of each report required under paragraph (1), the 
        Comptroller General of the United States shall review such 
        report to determine--
                    (A) the validity of U.S. Customs and Border 
                Protection's and U.S. Immigration and Customs 
                Enforcement's statistical analyses of migrant deaths;
                    (B) the extent to which U.S. Customs and Border 
                Protection and U.S. Immigration and Customs Enforcement 
                have adopted simple and low-cost measures, such as 
                water supply sites and rescue beacons, to reduce the 
                frequency of migrants deaths;
                    (C) the extent to which U.S. Customs and Border 
                Protection and U.S. Immigration and Customs Enforcement 
                measure the effectiveness of its programs to address 
                the frequency of migrant deaths; and
                    (D) the extent of data and information sharing and 
                cooperation among U.S. Customs and Border Protection, 
                U.S. Immigration and Customs Enforcement, State and 
                local law enforcement, foreign diplomatic and consular 
                posts, and nongovernmental organizations--
                            (i) to accurately identify deceased 
                        individuals;
                            (ii) to notify family members of such 
                        deaths; and
                            (iii) to compare information to missing 
                        persons registries.
    (c) GAO Report on Use of Force.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall conduct a study that examines the extent to 
        which U.S. Customs and Border Protection has clarified use of 
        force policies and submit a report to Congress containing the 
        results of such study, which shall include--
                    (A) the extent to which U.S. Customs and Border 
                Protection has implemented new training tactics to 
                improve use of force policies, including how the use of 
                force policies conform to Department of Homeland 
                Security and Federal law enforcement best practices;
                    (B) the extent to which U.S. Customs and Border 
                Protection has identified additional or alternative 
                weapons and equipment to improve agents' and officers' 
                abilities to de-escalate confrontations, including 
                protective gear;
                    (C) efforts to review and enhance current training 
                and tactics related to use of force, and to implement 
                reforms to ensure that agents and officers are better 
                equipped to assess and respond to threats;
                    (D) the extent to which U.S. Customs and Border 
                Protection has established a stakeholder engagement 
                framework to better inform and enhance U.S. Customs and 
                Border Protection's use of force training;
                    (E) the extent to which U.S. Customs and Border 
                Protection has established metrics--
                            (i) to track the effectiveness of use of 
                        force training; and
                            (ii) to ensure the reporting of all uses of 
                        force for review to determine whether the force 
                        used was justified and whether it could have 
                        been avoided through different tactics or 
                        training, better supervision, different tools, 
                        adherence to policy, or changes in policy;
                    (F) how U.S. Customs and Border Protection could 
                implement best law enforcement practices to improve 
                policies for transparent communication with family 
                members of individuals injured or killed by U.S. 
                Customs and Border Protection agent's and officer's use 
                of force, including--
                            (i) updates on any pending investigations; 
                        and
                            (ii) policies for timely notification of 
                        such injuries and deaths following such uses of 
                        force to the Commissioner of U.S. Customs and 
                        Border Protection or the Director of U.S. 
                        Immigration and Customs Enforcement, the Joint 
                        Intake Center of the Department of Homeland 
                        Security, the Office of Inspector General of 
                        the Department, the Office for Civil Rights and 
                        Civil Liberties of the Department, the Offices 
                        of Public Affairs of the Department, Congress, 
                        and the applicable consulates, if appropriate;
                    (G) how recommendations and requests made by agents 
                and officers of U.S. Customs and Border Protection have 
                been received, reviewed, and, if possible, implemented 
                into the use of force policies and best practices of 
                U.S. Customs and Border Protection; and
                    (H) the extent to which U.S. Customs and Border 
                Protection and U.S. Immigration and Customs Enforcement 
                electronically track personal searches and seizures of 
                personal items at the border, including an assessment 
                of how such information is used to inform U.S. Customs 
                and Border Protection policies and procedures.
            (2) Implementation of gao findings.--
                    (A) In general.--The Secretary of Homeland Security 
                shall direct the Commissioner of U.S. Customs and 
                Border Protection to implement any recommendations 
                contained in the report required under paragraph (1).
                    (B) Notification requirement.--If the Secretary of 
                Homeland Security fails to implement such 
                recommendations, the Secretary shall submit written 
                notification to the Committee on Homeland Security and 
                Governmental Affairs of the Senate, and the Committee 
                on Homeland Security of the House of Representatives 
                that explains why such recommendations have not been 
                implemented.
    (d) CBP Report on Use of Body-Worn Cameras.--
            (1) Defined term.--In this subsection, the term ``data'' 
        means video and audio footage captured by a body-worn camera 
        during its use.
            (2) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Commissioner of U.S. Customs and 
        Border Protection shall submit a report to the Committee on 
        Homeland Security and Governmental Affairs of the Senate, and 
        the Committee on Homeland Security of the House of 
        Representatives relating to the use, practices, and procedures 
        of body-worn cameras by U.S. Customs and Border Protection 
        agents and officers, including--
                    (A) the number of body-worn cameras in active use 
                within U.S. Customs and Border Protection;
                    (B) the location, broken down by station, in which 
                such body-worn cameras are in use;
                    (C) the rank and position of the agents and 
                officers of U.S. Customs and Border Protection at each 
                such station who are assigned body-worn cameras;
                    (D) the standing policies of U.S. Customs and 
                Border Protection regarding--
                            (i) the storage of body-worn camera data, 
                        including additional requirements or decisions 
                        that are unique to a particular sector;
                            (ii) the review of data from individual 
                        body-worn cameras; and
                            (iii) the request for review of data from 
                        individual body-worn cameras by U.S. Customs 
                        and Border Protection personnel or civilians;
                    (E) the latest complaint reports from each sector 
                and location in which body-worn cameras are being used; 
                and
                    (F) any existing plan to implement, on a permanent 
                basis, the use of body-worn cameras by officers and 
                agents of U.S. Customs and Border Protection.
            (3) GAO review.--Not later than 90 days after the 
        submission of the report required under paragraph (2), the 
        Comptroller General of the United States shall review such 
        report to determine--
                    (A) the extent to which U.S. Customs and Border 
                Protection has adopted measures related to body-worn 
                cameras; and
                    (B) the effectiveness of U.S. Customs and Border 
                Protection use, practices, and procedures of body-worn 
                cameras by agents and officers.
    (e) Report on the Impact of Border Enforcement Technologies and 
Operations on Border Communities.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall submit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on the Judiciary of 
the Senate, the Committee on Homeland Security of the House of 
Representatives, and the Committee on the Judiciary of the House of 
Representatives that assesses--
            (1) the efforts and technologies used along United States 
        borders; and
            (2) the impact on border communities of such efforts and 
        technologies on civil rights, private property rights, privacy 
        rights, and civil liberties.
    (f) GAO Report on the Extent of CBP Activities, Operations, and 
Claimed Authority.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to the congressional committees referred to in 
subsection (e) that assesses--
            (1) the range of the current activities, operations 
        (including checkpoints), and claimed authority of U.S. Customs 
        and Border Protection;
            (2) the extent to which the range of activities, 
        operations, and claimed authority referred to in paragraph (1) 
        is necessary for U.S. Customs and Border Protection's interior 
        enforcement; and
            (3) the impact of U.S. Customs and Border Protection's 
        interior enforcement and activities described in paragraphs (1) 
        and (2) on civil, constitutional, and private property rights.
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