I 

113TH CONGRESS 

2D SESSION H. R. 4303 

To increase transparency, accountability, and community engagement within 

U.S. Customs and Border Protection, provide independent oversight of 

border security activities, improve training for U.S. Customs and Border 

Protection agents and officers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2014 

Mr. O’ROURKE (for himself, Mr. PEARCE, and Mr. VELA) introduced the following bill; which was referred to the Committee on Homeland Security, 

and in addition to the Committees on the Judiciary and Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To increase transparency, accountability, and community engagement within U.S. Customs and Border Protection, 

provide independent oversight of border security activities, improve training for U.S. Customs and Border Protection agents and officers, and for other purposes. 

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


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 4303 IH

1 SECTION 1. SHORT TITLE. 

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

3 Accountability, Oversight, and Community Engagement 

4 Act of 2014’’. 

5 SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 

6 (a) DEPARTMENT OF HOMELAND SECURITY BORDER

7 OVERSIGHT COMMISSION.— 

8 (1) ESTABLISHMENT.—There is established an 

9 independent commission, which shall be known as 

10 the ‘‘Department of Homeland Security Border 

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

12 the ‘‘Commission’’). 

13 (2) ORGANIZATION.— 

14 (A) LEADERSHIP.—The Commission shall 

15 be led by a Chair and Vice Chair. 

16 (B) SUBCOMMITTEES.— 

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

22 border. 

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

26 from the northern border region, including 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 4303 IH

1 at least one uniformed agent or officer of 

2 U.S. Customs and Border Protection, in 

3 accordance with subparagraph (C). 

4 (iii) SOUTHERN BORDER SUB5 COMMITTEE.—The southern border sub6 committee shall consist of ten members 

7 from the southern border region, including 

8 at least one uniformed agent or officer of 

9 U.S. Customs and Border Protection, in 

10 accordance with subparagraph (C). 

11 (iv) ELECTION.—Members of the 

12 northern and southern border subcommit13 tees shall elect the Chair and Vice Chair of 

14 the Commission from among its members. 

15 The Chair and Vice Chair may not be from 

16 the same subcommittee. 

17 (C) APPOINTMENT PROCESS.—Members of 

18 the Commission shall be appointed as follows: 

19 (i) The President shall appoint four 

20 representatives from the northern border 

21 region and four representatives from the 

22 southern border region. 

23 (ii) The House Speaker shall appoint 

24 three representatives from the northern 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•HR 4303 IH

1 border region and three representatives 

2 from the southern border region. 

3 (iii) The Senate Majority Leader shall 

4 appoint three representatives from the 

5 northern border region and three rep6 resentatives from the southern border re7 gion. 

8 (D) APPOINTMENT DEADLINE.—Members 

9 of the Commission shall be appointed not later 

10 than 180 days after the date of the enactment 

11 of this Act. 

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

13 Vice Chair of the Commission shall serve for 

14 terms of four years. Members of the northern 

15 border and southern border subcommittees shall 

16 serve for terms of four years. 

17 (3) QUALIFICATIONS.—Membership on the 

18 Commission and its subcommittees shall to the 

19 greatest extent possible include security experts, 

20 training experts, civil rights and civil liberties ex21 perts, representatives of faith based organizations, 

22 officials from local law enforcement on the northern 

23 and southern borders, officials from local govern24 ment on the northern and southern borders, and 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•HR 4303 IH

1 business and civic organizations along the northern 

2 and southern borders. 

3 (4) MEETINGS.— 

4 (A) COMMISSION.—The Commission shall 

5 meet at least semiannually, and may convene 

6 additional meetings as necessary. 

7 (B) SUBCOMMITTEES.—The northern bor8 der and southern border subcommittees shall 

9 meet at least quarterly, and may convene addi10 tional meetings as necessary. 

11 (5) DUTIES.—The Commission, and the north12 ern border and southern border subcommittees, 

13 shall— 

14 (A) develop recommendations for improve15 ments regarding border enforcement policies, 

16 strategies, and programs that take into consid17 eration their impact on border communities; 

18 (B) evaluate policies, strategies, and pro19 grams of Federal agencies operating along the 

20 northern and southern borders to— 

21 (i) protect— 

22 (I) due process; 

23 (II) the civil and human rights of 

24 border residents and visitors; and 


tkelley on DSK3SPTVN1PROD with BILLS
6 

•HR 4303 IH

1 (III) private property rights of 

2 land owners; 

3 (ii) reduce the number of migrant 

4 deaths; and 

5 (iii) improve the safety of agents and 

6 officers of U.S. Customs and Border Pro7 tection; 

8 (C) develop recommendations for improve9 ments regarding the safety of agents and offi10 cers of U.S. Customs and Border Protection 

11 when such agents and officers are in the field; 

12 and 

13 (D) evaluate training, including estab14 lishing training courses related to management 

15 and leadership skills for supervisors in each 

16 Border Patrol sector and at each port of entry 

17 on the northern and southern borders, the ex18 tent to which supervisory and management per19 sonnel practices at U.S. Customs and Border 

20 Protection encourage and facilitate workforce 

21 development for agents and officers, promote 

22 agent and officer field safety, and post-FLETC 

23 training of border enforcement personnel in ac24 cordance with section 6. 

25 (6) ADDITIONAL RESPONSIBILITIES.— 


tkelley on DSK3SPTVN1PROD with BILLS
7 

•HR 4303 IH

1 (A) IN GENERAL.—In carrying out the du2 ties specified in paragraph (5), the Commission 

3 shall take into consideration any recommenda4 tions and evaluations agreed upon by the north5 ern border and southern border subcommittees. 

6 (B) SUBCOMMITTEE REPORTS.—The 

7 northern border and southern border sub8 committees shall annually submit to the Chair 

9 and Vice Chair of the Commission a publically 

10 available report containing the recommenda11 tions and evaluations of the subcommittees pur12 suant to paragraph (5). 

13 (7) PROHIBITION ON COMPENSATION.—Mem14 bers of the Commission and the northern border and 

15 southern border subcommittees may not receive pay, 

16 allowances, or benefits from the Government by rea17 son of their service on the Commission or the sub18 committees. 

19 (b) POWERS OF THE COMMISSION.— 

20 (1) IN GENERAL.— 

21 (A) HEARINGS AND EVIDENCE.—The 

22 Commission or, on the authority of the Com23 mission, any subcommittee or member thereof, 

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


tkelley on DSK3SPTVN1PROD with BILLS
8 

•HR 4303 IH

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

2 at such times and places, take such testi3 mony, receive such evidence, and admin4 ister such oaths, and 

5 (ii) subject to subparagraph (B), re6 quire, by subpoena or otherwise, the at7 tendance and testimony of such witnesses 

8 and the production of such books, records, 

9 correspondence, memoranda, papers, and 

10 documents, 

11 as the Commission or such designated sub12 committee or designated member determines 

13 necessary to carry out its duties under sub14 section (a)(5). 

15 (B) SUBPOENAS.— 

16 (i) ISSUANCE.—A subpoena may be 

17 issued under this subsection only by— 

18 (I) the Chair and Vice Chair of 

19 the Commission; or 

20 (II) a recorded vote of two-thirds 

21 of the members of the northern border 

22 or southern border subcommittees, as 

23 the case may be. 

24 (ii) SERVICE.—Subpoenas issued 

25 under this subsection may be served by— 


tkelley on DSK3SPTVN1PROD with BILLS
9 

•HR 4303 IH

1 (I) any person designated by the 

2 Chair or the Vice Chair of the Com3 mission; or 

4 (II) any member of the Commis5 sion designated by a majority of the 

6 Commission. 

7 (iii) ENFORCEMENT.— 

8 (I) IN GENERAL.—In the case of 

9 contumacy or failure to obey a sub10 poena issued under this subsection, 

11 the United States district court for 

12 the judicial district in which the sub13 poenaed person resides, is served, or 

14 may be found, or where the subpoena 

15 is returnable, may issue an order re16 quiring such person to appear at any 

17 designated place to testify or to 

18 produce documentary or other evi19 dence. Any failure to obey the order of 

20 the court may be punished by the 

21 court as contempt of that court. 

22 (II) ADDITIONAL MEASURES.—In 

23 the case of any failure of an individual 

24 to comply with any subpoena issued 

25 under this section, the Commission, 


tkelley on DSK3SPTVN1PROD with BILLS
10 

•HR 4303 IH

1 may, by a majority vote, certify a 

2 statement of fact constituting such 

3 failure to the appropriate United 

4 States attorney. 

5 (iv) LIMITATION.—A subpoena may 

6 be issued only if the Commission certifies 

7 to the Secretary of Homeland Security 

8 that such issuance is necessary to carry 

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

10 that all reasonable efforts will be taken to 

11 limit the disclosure of personally identifi12 able information to the greatest extent pos13 sible. 

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

15 be construed as affecting in any manner the investigative 

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

17 Protection or the Department of Homeland Security with 

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

19 Protection. 

20 (d) REPORTS.— 

21 (1) ANNUAL REPORTS.—The Commission shall 

22 annually submit to the Secretary of Homeland Secu23 rity a publically available report containing informa24 tion on the activities, findings, and recommendations 

25 of the Commission, including the northern border 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•HR 4303 IH

1 and southern border subcommittees, for the pre2 ceding year. 

3 (2) CONGRESSIONAL NOTIFICATION.—The Sec4 retary of Homeland Security shall brief the Com5 mittee on Homeland Security of the House of Rep6 resentatives and the Committee on Homeland Secu7 rity and Governmental Affairs of the Senate on each 

8 report required under paragraph (1). 

9 SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS10 MAN FOR BORDER AND IMMIGRATION RE11 LATED CONCERNS. 

12 (a) IN GENERAL.—Section 452 of the Homeland Se13 curity Act of 2002 (6 U.S.C. 272) is amended to read 

14 as follows: 

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

16 RELATED CONCERNS. 

17 ‘‘(a) IN GENERAL.—There shall be within the De18 partment an Ombudsman for Border and Immigration Re19 lated Concerns (in this section referred to as the ‘Ombuds20 man’). The individual appointed as Ombudsman shall have 

21 a background in immigration or civil liberties law or law 

22 enforcement. The Ombudsman shall report directly to the 

23 Secretary. 

24 ‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec25 retary shall take appropriate action to ensure the indeVerDate Mar 15 2010 19:03 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4303.IH H4303

tkelley on DSK3SPTVN1PROD with BILLS
12 

•HR 4303 IH

1 pendence of the Ombudsman’s office from other officers 

2 or employees of the Department engaged in border secu3 rity or immigration activities. 

4 ‘‘(c) STAFFING.—The Secretary shall take appro5 priate action to ensure that the Ombudsman’s office is 

6 sufficiently staffed and resourced to carry out its duties 

7 effectively and efficiently. 

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

9 shall be as follows: 

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

11 appropriately confidential process to receive, inves12 tigate, resolve, and provide redress, including immi13 gration relief, monetary damages, or any other ac14 tion determined appropriate, for complaints, griev15 ances, or requests for assistance from individuals, 

16 associations, and employers regarding the border se17 curity and immigration activities of the Department. 

18 ‘‘(2) To conduct inspections of the facilities, in19 cluding contract facilities, of U.S. Customs and Bor20 der Protection, U.S. Immigration and Customs En21 forcement, and U.S. Citizenship and Immigration 

22 Services. 

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

24 have been victims of crimes committed by aliens or 

25 of violence near the United States border, and indiVerDate Mar 15 2010 19:03 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4303.IH H4303

tkelley on DSK3SPTVN1PROD with BILLS
13 

•HR 4303 IH

1 viduals and families impacted by situations in which 

2 the Department has exercised force. 

3 ‘‘(4) To identify areas in which individuals, as4 sociations, and employers have identified concerns 

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

6 Border Protection, U.S. Immigration and Customs 

7 Enforcement, or U.S. Citizenship and Immigration 

8 Services. 

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

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

11 U.S. Immigration and Customs Enforcement, and 

12 U.S. Citizenship and Immigration Services to miti13 gate problems identified under this section. 

14 ‘‘(6) To review, examine, and make rec15 ommendations regarding the border security and im16 migration and enforcement activities of U.S. Cus17 toms and Border Protection, U.S. Immigration and 

18 Customs Enforcement, and U.S. Citizenship and Im19 migration Services. 

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

21 complaint process regarding complaints against all 

22 Customs and Border Protection officers, Border Pa23 trol agents, and CBP Agricultural Specialists for 

24 violations of standards of professional conduct. Such 


tkelley on DSK3SPTVN1PROD with BILLS
14 

•HR 4303 IH

1 complaint process shall have the following compo2 nents: 

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

4 independent review and investigation completed 

5 not later than one year from the date of receipt 

6 of each such complaint. 

7 ‘‘(B) Require that complainants receive 

8 written confirmation of receipt of their com9 plaints not later than 90 days from the date of 

10 receipt of each such complaint, and a written 

11 summary regarding the outcome of such com12 plaints not later than one year after such date 

13 of receipt, including findings of fact, rec14 ommended action, and available redress. 

15 ‘‘(C) Feature a centralized multilingual on16 line complaint form that includes street ad17 dress, toll-free telephone number, and electronic 

18 mailbox address to permit an individual to file 

19 an immigration or border-related complaint and 

20 submit supporting evidence through the portal 

21 of choice of any such individual. Information re22 lating to such form shall be visible at ports of 

23 entry and at Border Patrol interior checkpoints. 

24 ‘‘(D) Include procedures for referring com25 plaints to the Office for Civil Rights and Civil 


tkelley on DSK3SPTVN1PROD with BILLS
15 

•HR 4303 IH

1 Liberties, Office of the Inspector General, or 

2 other appropriate agency of the Department of 

3 Homeland Security. 

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

8 ‘‘(F) Provide 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. 

13 ‘‘(8) To establish 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; 


tkelley on DSK3SPTVN1PROD with BILLS
16 

•HR 4303 IH

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 a complainant with a summary of 

14 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.—The following shall apply to 

19 all complainants: 

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

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


tkelley on DSK3SPTVN1PROD with BILLS
17 

•HR 4303 IH

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

3 that is germane to such complaint may be used as 

4 evidence in any removal or criminal proceedings 

5 against the complainant or any individual identified 

6 in such complaint. 

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

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

10 proceedings against a complainant or an individual 

11 identified in such complaint. 

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

14 would result in identification of such individual may 

15 be published. 

16 ‘‘(5) Complainants shall receive full assistance 

17 from the Department in filing complaints, including 

18 language assistance, accommodations for disabilities, 

19 and accurate and complete responses to their ques20 tions. 

21 ‘‘(g) REQUEST FOR INVESTIGATIONS.—The Ombuds22 man is authorized to request the Inspector General of the 

23 Department to conduct inspections, investigations, and 

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


tkelley on DSK3SPTVN1PROD with BILLS
18 

•HR 4303 IH

1 ‘‘(h) COORDINATION WITH DEPARTMENT COMPO2 NENTS.— 

3 ‘‘(1) IN GENERAL.—The Director of U.S. Citi4 zenship and Immigration Services, the Assistant 

5 Secretary of Immigration and Customs Enforce6 ment, and the Commissioner of Customs and Border 

7 Protection shall each establish procedures to provide 

8 formal responses to recommendations submitted to 

9 such officials by the Ombudsman within 60 days of 

10 receiving such recommendations. 

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

12 shall establish procedures to provide the Ombuds13 man access to all departmental records necessary to 

14 execute the responsibilities of the Ombudsman under 

15 subsection (d) or (e) not later than 60 days after a 

16 request from the Ombudsman for such information. 

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

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

19 public regarding the existence, duties, responsibil20 ities, and grievance processes of the Ombudsman’s 

21 office; and 

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

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

24 with the Ombudsman’s office electronically; and 


tkelley on DSK3SPTVN1PROD with BILLS
19 

•HR 4303 IH

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

2 affected parties, all documents submitted to the 

3 Ombudsman’s office are used solely by the Om4 budsman’s office to advance the purposes de5 scribed in this section. 

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

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

8 enactment of this subsection, the Ombudsman shall sub9 mit to the appropriate congressional committees a report 

10 that includes the following: 

11 ‘‘(1) The number and type of complaints re12 ceived in each Border Patrol sector, the demo13 graphics of complainants, the results of investiga14 tions, including violations of standards and any dis15 ciplinary actions taken, and an identification of any 

16 complaint patterns that could be prevented or re17 duced by policy training or practice changes. 

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

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

20 the time between receipt and resolution of each such 

21 complaint. 

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

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

24 after one year, the period during which each comVerDate Mar 15 2010 19:03 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4303.IH H4303

tkelley on DSK3SPTVN1PROD with BILLS
20 

•HR 4303 IH

1 plaint has been open, and the reason for failure to 

2 resolve each such complaint. 

3 ‘‘(4) Recommendations the Ombudsman has 

4 made to improve the services and responsiveness of 

5 U.S. Citizenship and Immigration Services, U.S. Im6 migration and Customs Enforcement, and U.S. Cus7 toms and Border Protection, and any responses re8 ceived from each such component or the Department 

9 regarding such recommendations 

10 ‘‘(5) Other information as the Ombudsman de11 termines advisable. 

12 ‘‘(k) ESTABLISHMENT OF BORDER COMMUNITIES LI13 AISON OFFICE.— 

14 ‘‘(1) IN GENERAL.—The Ombudsman, in con15 junction with the Office for Civil Rights and Civil 

16 Liberties of the Department, shall establish a Bor17 der Community Liaison Office (in this subsection re18 ferred to as the ‘Liaison Office’) in each Border Pa19 trol sector on the northern and southern borders. 

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

21 this subsection shall— 

22 ‘‘(A) foster cooperation between the Border 

23 Patrol, the Office of Field Operations of the 

24 Department, and border communities; 


tkelley on DSK3SPTVN1PROD with BILLS
21 

•HR 4303 IH

1 ‘‘(B) consult with border communities on 

2 the development of policies, directives, and pro3 grams of the Border Patrol and the Office of 

4 Field Operations; and 

5 ‘‘(C) receive feedback from border commu6 nities on the performance of the Border Patrol 

7 and the Office of Field Operations. 

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

9 be comprised of equal representation from the com10 munity and U.S. Customs and Border Protection, 

11 including at least: 

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

13 which each Border Patrol sector is located who 

14 has expertise in migration, local public safety, 

15 civil and human rights, the local community, or 

16 community relations. 

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

18 agent with significant experience working for 

19 the Border Patrol. 

20 ‘‘(C) One non-uniformed CBP officer with 

21 significant experience working for U.S. Customs 

22 and Border Protection. 

23 ‘‘(l) REPORT ON THE IMPACT OF BORDER ENFORCE24 MENT TECHNOLOGIES AND OPERATIONS ON BORDER

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


tkelley on DSK3SPTVN1PROD with BILLS
22 

•HR 4303 IH

1 of the enactment of this subsection, the Secretary shall 

2 submit to the appropriate congressional committees a re3 port that assesses current efforts and technologies used 

4 at United States borders, and the impact on border com5 munities of such efforts and technologies on civil rights, 

6 private property rights, privacy rights, and civil liberties. 

7 ‘‘(m) GAO REPORT ON THE EXTENT OF CBP AC8 TIVITIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 

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

10 subsection, the Comptroller General of the United States 

11 shall submit to the appropriate congressional committees 

12 a report that assesses the following issues: 

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

14 the current activities, operations (including check15 points), and claimed authority of U.S. Customs and 

16 Border Protection extend. 

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

18 operations, and claimed authority referred to in 

19 paragraph (1) is necessary. 

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

21 Border Protection’s interior enforcement and its im22 pact on civil, constitutional, and private property 

23 rights.’’. 

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

25 of the Homeland Security Act of 2002 is amended by 


tkelley on DSK3SPTVN1PROD with BILLS
23 

•HR 4303 IH

1 amending the item relating to section 452 to read as fol2 lows: 

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

3 SEC. 4. TRAINING AND CONTINUING EDUCATION. 

4 (a) MANDATORY TRAINING AND CONTINUING EDU5 CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY

6 AND PROFESSIONALISM.—The Secretary of Homeland Se7 curity shall establish policies and guidelines to ensure that 

8 every agent and officer of U.S. Customs and Border Pro9 tection receives a minimum of 19 weeks of training that 

10 are directly related to the mission of the Border Patrol 

11 and the Office of Field Operations before the initial as12 signment of such agents and officers, and eight hours of 

13 training and continuing education annually thereafter. 

14 Such training and continuing education shall be conducted 

15 by attorneys who have experience with the Fourth Amend16 ment to the Constitution, including appropriate applica17 tion of the use of force by agents and officers of U.S. Cus18 toms and Border Protection. Such attorneys shall be mem19 bers of the Department of Homeland Security’s Office of 

20 General Counsel, and all instruction provided shall be in 

21 alignment with curriculum developed and endorsed by 

22 FLETC. 

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

24 shall establish policies and guidelines governing training 

25 with FLETC and continuing education of agents and offiVerDate Mar 15 2010 19:03 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4303.IH H4303

tkelley on DSK3SPTVN1PROD with BILLS
24 

•HR 4303 IH

1 cers of U.S. Customs and Border Protection and U.S. Im2 migration and Customs Enforcement regarding border 

3 awareness, accountability, and oversight. Such training 

4 with FLETC shall include individual courses for each of 

5 the following issues: 

6 (1) Community relations, including the fol7 lowing: 

8 (A) Best practices in community policing. 

9 (B) Policies limiting location of enforce10 ment and cooperation with local law enforce11 ment. 

12 (C) Best practices in responding to griev13 ances and how to refer complaints to the Om14 budsman for Border and Immigration Related 

15 Concerns in accordance with section 452 of the 

16 Homeland Security Act of 2002, as amended by 

17 section 3 of this Act. 

18 (2) Interdiction, including the following: 

19 (A) Instruction on formal and proper com20 mand language. 

21 (B) Situational awareness of what lan22 guage is appropriate. 

23 (C) Legal application of use of force poli24 cies and guidelines. 


tkelley on DSK3SPTVN1PROD with BILLS
25 

•HR 4303 IH

1 (D) Policies and training scenarios nec2 essary to ensure the agent or officer and the 

3 community is safe when intervening in situa4 tions in urban areas, including— 

5 (i) scenario-based training and guide6 lines; and 

7 (ii) non-lethal force training and cer8 tification on at least one non-lethal force 

9 instrument, including tasers. 

10 (E) Policies necessary to ensure the agent 

11 or officer and the community is safe when in12 tervening in situations in rural and remote loca13 tions. 

14 (3) Vulnerable populations, including instruc15 tion on screening, identifying, and responding to vul16 nerable populations, such as children and victims of 

17 human trafficking. 

18 (4) Cultural and societal issues, including the 

19 following: 

20 (A) Understanding of the diversity of im21 migrant communities. 

22 (B) Language and basic cultural aware23 ness of major migrant-sending countries. 

24 (C) Natural resource protection and envi25 ronmental policies along the border. 


tkelley on DSK3SPTVN1PROD with BILLS
26 

•HR 4303 IH

1 (D) Privacy considerations regarding bor2 der-related technologies. 

3 (5) Standards of professional conduct, including 

4 the following: 

5 (A) Lawful use of force. 

6 (B) Complying with chain of command and 

7 lawful orders. 

8 (C) Conduct and ethical behavior toward 

9 the public in a civil and professional manner. 

10 (D) Respect for civil rights and protection 

11 of the well-being of individuals. 

12 (c) SUPERVISOR TRAINING.—In addition to the train13 ing and continuing education required under subsections 

14 (a) and (b), the Secretary of Homeland Security shall es15 tablish policies and guidelines governing the continuing 

16 education of agents and officers of U.S. Customs and Bor17 der Protection and U.S. Immigration and Customs En18 forcement who attain a supervisory or management posi19 tion. Such training and continuing education shall include 

20 the following: 

21 (1) Instruction relating to management and 

22 leadership best practices. 

23 (2) Refresher instruction or in-service training 

24 relating to legal application of use of force policies 


tkelley on DSK3SPTVN1PROD with BILLS
27 

•HR 4303 IH

1 and guidelines, intervention, community relations, 

2 and professional conduct. 

3 (3) Mitigation training to identify, diagnose, 

4 and address issues within such supervisory and man5 agement roles. 

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

7 Security shall establish a review process to ensure that 

8 port supervisors and managers of U.S. Customs and Bor9 der Protection and U.S. Immigration and Customs En10 forcement, as the case may be, are evaluated annually on 

11 their actions and standards of conduct, and on the actions, 

12 situational and educational development, and standards of 

13 conduct of their staffs. 

14 (e) CONTINUING EDUCATION.— 

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

16 Security shall annually require all agents and offi17 cers of U.S. Customs and Border Protection and 

18 U.S. Immigration and Customs Enforcement who 

19 are required to undergo training under subsections 

20 (a) through (c) to participate in continuing edu21 cation to maintain and update understanding of 

22 Federal legal rulings, court decisions, and Depart23 ment of Homeland Security policies, procedures, and 

24 guidelines related to the subject matters described in 

25 such subsections. 


tkelley on DSK3SPTVN1PROD with BILLS
28 

•HR 4303 IH

1 (2) CONSTITUTIONAL AUTHORITY SUBJECT

2 MATTER.—Continuing education under this sub3 section shall include a course on protecting the civil, 

4 constitutional, human, and privacy rights of individ5 uals, with special emphasis on the scope of enforce6 ment authority, including chain of evidence practices 

7 and document seizure, and use of force policies 

8 available to agents and officers. 

9 (3) ADDITIONAL SUBJECT MATTERS.—Con10 tinuing education under this subsection shall also in11 clude a course on the following: 

12 (A) Scope of authority to conduct immigra13 tion enforcement activities, including interviews, 

14 interrogations, stops, searches, arrests, and de15 tentions, in addition to identifying and detect16 ing fraudulent documents. 

17 (B) Identifying, screening, and responsi18 bility for vulnerable populations, such as chil19 dren and victims of trafficking. 

20 (C) Cultural and societal issues, including 

21 understanding of the diversity of immigrant 

22 communities, language and basic cultural 

23 awareness of major migrant-sending countries, 

24 and natural resource protection and environ25 mental policies along the border. 


tkelley on DSK3SPTVN1PROD with BILLS
29 

•HR 4303 IH

1 (4) ADMINISTRATION.—Courses offered as part 

2 of continuing education under this subsection 

3 shall— 

4 (A) be administered in consultation with 

5 FLETC by the individual Border Patrol sectors 

6 and the Office of Field Operations of the De7 partment of Homeland Security in order to pro8 vide such sectors field offices with flexibility to 

9 design or tailor such courses to the specific 

10 needs and conditions of each such sector and 

11 field office; and 

12 (B) be approved by the Secretary of Home13 land Security before being offered to ensure 

14 that such courses satisfy the requirements for 

15 training under this section. 

16 (5) ROTATION.—Courses offered as part of con17 tinuing education under this subsection shall in18 clude— 

19 (A) a yearly course focusing on the cur20 riculum described in paragraph (2); and 

21 (B) an additional course to be rotated on 

22 a three-year basis focusing on curriculum de23 scribed in paragraph (3). 

24 (f) ASSESSMENT.—Not later than six years after the 

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


tkelley on DSK3SPTVN1PROD with BILLS
30 

•HR 4303 IH

1 of the United States shall submit to the Committee on 

2 Homeland Security of the House of Representatives and 

3 the Committee on Homeland Security and Governmental 

4 Affairs of the Senate a report that assesses the training 

5 and education, including continuing education, required 

6 under this section. 

7 SEC. 5. MANAGEMENT OF PORTS OF ENTRY. 

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

9 date of the enactment of this Act, the Secretary of Home10 land Security shall submit to the Committee on Homeland 

11 Security of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Affairs 

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

14 current standards and guidelines for managing ports of 

15 entry under the control of the Department of Homeland 

16 Security. Such assessment shall include information relat17 ing to the following: 

18 (1) Staffing levels and the need for additional 

19 staffing. 

20 (2) Rules governing the actions of Office of 

21 Field Operations agents. 

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

23 and sea ports of entry. 

24 (4) An assessment of existing efforts and tech25 nologies used for border security, and the effect of 


tkelley on DSK3SPTVN1PROD with BILLS
31 

•HR 4303 IH

1 the use of such efforts and technologies on facili2 tating trade at ports of entry and their impact on 

3 civil rights, private property rights, privacy rights, 

4 and civil liberties. 

5 (5) The economic impact of the policies and 

6 practices of CBP Agricultural Specialists and Office 

7 of Field Operations work. 

8 (6) Physical infrastructure and technological 

9 needs at ports of entry. 

10 (b) UPDATES.—Based upon the information and as11 sessment contained in the report required under sub12 section (a), the Secretary of Homeland Security shall es13 tablish updated guidelines and standards for managing 

14 ports of entry under the control of the Department of 

15 Homeland Security to address any identified needs or 

16 shortcomings at such ports of entry, including, if applica17 ble, the following: 

18 (1) Increasing levels of staffing of CBP Agricul19 tural Specialists at ports of entry at which delays 

20 hinder or negatively impact the local or national 

21 economies. 

22 (2) Increasing the use of or updating tech23 nology at ports of entry at which there are average 

24 delays of over two hours based on CBP data col25 lected during the previous fiscal year. 


tkelley on DSK3SPTVN1PROD with BILLS
32 

•HR 4303 IH

1 (3) Publishing rules on the handling of docu2 ments at ports of entry. 

3 (4) Establishing standards of conduct and de4 meanor when interacting with vulnerable popu5 lations, such as children and victims of human traf6 ficking, and individuals with border crossing cards. 

7 (5) Establishing training courses relating to 

8 management and leadership skills for supervisors 

9 and managers at ports of entry. 

10 SEC. 6. REPORTING REQUIREMENTS. 

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

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

13 the Commissioner of Customs and Border Protection shall 

14 submit to the Committee on Homeland Security of the 

15 House of Representatives and the Committee on Home16 land Security and Governmental Affairs of the Senate a 

17 report relating to deaths occurring along the United 

18 States-Mexico border, including information on the fol19 lowing: 

20 (1) The number of documented migrant deaths. 

21 (2) A geographical breakdown of where such 

22 migrant deaths occur. 

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

24 for each migrant. 


tkelley on DSK3SPTVN1PROD with BILLS
33 

•HR 4303 IH

1 (4) The extent to which border technology, 

2 physical barriers, and enforcement programs have 

3 contributed to such migrant deaths. 

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

5 Border Protection programs or plans to reduce the 

6 number of migrant deaths along the border, includ7 ing an assessment on the effectiveness of water sup8 ply sites and rescue beacons. 

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

10 than 90 days after the submission of the report required 

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

12 United States shall review such report to determine the 

13 following: 

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

15 Protection’s statistical analysis of migrant deaths. 

16 (2) The extent to which U.S. Customs and Bor17 der Protection has adopted simple and low-cost 

18 measures, such as water supply sites and rescue bea19 cons, to reduce the frequency of migrants deaths. 

20 (3) The extent to which U.S. Customs and Bor21 der Protection measures the effectiveness of its pro22 grams to address the frequency of migrant deaths. 

23 (4) The extent of data and information sharing 

24 and cooperation between U.S. Customs and Border 

25 Protection, local and State law enforcement, foreign 


tkelley on DSK3SPTVN1PROD with BILLS
34 

•HR 4303 IH

1 diplomatic and consular posts, and nongovernmental 

2 organizations to accurately identify deceased individ3 uals and notify family members and compare infor4 mation to missing persons registries. 

5 (c) GAO REPORT ON USE OF FORCE.— 

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

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

8 Comptroller General of the United States shall ex9 amine the extent to which U.S. Customs and Border 

10 Protection has clarified use of force policies, includ11 ing the following (and any recommendations related 

12 to the following): 

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

14 Border Protection has implemented new train15 ing tactics to improve use of force policies, in16 cluding how the use of force policy conforms to 

17 Department of Homeland Security and Federal 

18 law enforcement best practices. 

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

20 Border Protection has identified additional or 

21 alternative weapons and equipment to improve 

22 agents’ and officers’ abilities to de-escalate con23 frontations, including protective gear. 

24 (C) Efforts to review and enhance current 

25 training and tactics related to use of force, and 


tkelley on DSK3SPTVN1PROD with BILLS
35 

•HR 4303 IH

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

3 to threats. 

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

5 Border Protection has established a stakeholder 

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

8 use of force training. 

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

10 Border Protection has established metrics to 

11 track the effectiveness of use of force training 

12 and to ensure the reporting of all uses of force 

13 for review to determine whether the force used 

14 was justified and whether it could have been 

15 avoided through different tactics or training, 

16 better supervision, different tools, adherence to 

17 policy, or changes in policy. 

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

20 practices to improve policies for transparent 

21 communication with family members of individ22 uals injured or killed by U.S. Customs and Bor23 der Protection agent’s and officer’s use of force, 

24 including updates on any pending investiga25 tions, and policies for timely notification of such 


tkelley on DSK3SPTVN1PROD with BILLS
36 

•HR 4303 IH

1 injuries and deaths following such uses of force 

2 to the Commissioner of Customs and Border 

3 Protection, the Joint Intake Center of the De4 partment of Homeland Security, the Office of 

5 Inspector General of the Department, the Office 

6 for Civil Rights and Civil Liberties of the De7 partment, the Offices of Public Affairs of the 

8 Department and U.S. Customs and Border Pro9 tection, Congress, and the applicable consulates, 

10 if appropriate. 

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 U.S. 

15 Customs and Border Protection and Depart16 ment of Homeland Security use of force policies 

17 and best practices. 

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

19 Border Protection electronically tracks personal 

20 searches and seizures of personal items at the 

21 border, and an assessment of how such infor22 mation is used to inform U.S. Customs and 

23 Border Protection policies and procedures. 

24 (2) IMPLEMENTATION OF GAO FINDINGS.—The 

25 Secretary of Homeland Security shall direct the 


tkelley on DSK3SPTVN1PROD with BILLS
37 

•HR 4303 IH

1 Commissioner of Customs and Border Protection to 

2 implement any recommendations contained in the re3 port required under paragraph (1). If the Secretary 

4 does not so implement such recommendations, the 

5 Secretary shall submit to the Committee on Home6 land Security of the House of Representatives and 

7 the Committee on Homeland Security and Govern8 mental Affairs of the Senate a written notification 

9 explaining why such recommendations are not being 

10 so implemented. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS