I 
115TH CONGRESS 
1ST SESSION H. R. 3020 
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 
JUNE 22, 2017 
Mr. O’ROURKE (for himself and Mr. PEARCE) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committees on the Judiciary, and Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To increase transparency, accountability, and community en-
gagement within U.S. Customs and Border Protection, 
provide independent oversight of border security activi-
ties, improve training for U.S. Customs and Border Pro-
tection agents and officers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Enforcement 
Accountability, Oversight, and Community Engagement 
Act of 2017’’. 
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’’ (in this Act referred to as 
the ‘‘Commission’’). 
(2) ORGANIZATION.— 
(A) LEADERSHIP.—The Commission shall 
be led by a Chair and Vice Chair. 
(B) SUBCOMMITTEES.— 
(i) IN GENERAL.—The Chair shall es-
tablish within the Commission two sub-
committees that will be comprised of rep-
resentatives from each State on the north-
ern border and each State on the southern 
border, as described in clauses (ii) and 
(iii), respectively. 
(ii) 
NORTHERN
BORDER
SUB-
COMMITTEE.— 
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(I) IN GENERAL.—The northern 
border subcommittee shall consist of 
eight members from the northern bor-
der region, and at least one uni-
formed, nonsupervisory agent or offi-
cer of U.S. Customs and Border Pro-
tection, in accordance with subpara-
graph (C). 
(II) COMPOSITION.—The north-
ern border region is composed of the 
following States: 
(aa) Maine. 
(bb) Michigan. 
(cc) Montana. 
(dd) New York. 
(ee) North Dakota. 
(ff) Ohio. 
(gg) Vermont. 
(hh) Washington. 
(III) OPERATION.—For purposes 
of membership on the northern border 
subcommittee, each State in the 
northern border region may appoint 
one member to serve on such sub-
committee. 
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(iii) 
SOUTHERN
BORDER
SUB-
COMMITTEE.— 
(I) IN GENERAL.—The southern 
border subcommittee shall consist of 
nine members from the southern bor-
der region, and at least one uni-
formed, nonsupervisory agent or offi-
cer of U.S. Customs and Border Pro-
tection, in accordance with subpara-
graph (C). 
(II) COMPOSITION.—The south-
ern border region is composed of the 
following States: 
(aa) Arizona. 
(bb) California. 
(cc) Nevada. 
(dd) New Mexico. 
(ee) Texas. 
(III) OPERATION.—For purposes 
of membership on the southern border 
subcommittee, the four states located 
on the United States-Mexico border 
may appoint two members and Ne-
vada may appoint one member to 
serve on such subcommittee. 
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(iv) 
ELECTION.—Members 
of 
the 
northern and southern border subcommit-
tees shall elect the Chair and Vice Chair of 
the Commission from among its members. 
The Chair and Vice Chair may not be from 
the same subcommittee. 
(C) APPOINTMENT PROCESS.—Members of 
the Commission shall be appointed as follows: 
(i) The President shall appoint three 
representatives from the northern border 
region and three representatives from the 
southern border region. 
(ii) The Speaker of the House of Rep-
resentatives shall appoint two representa-
tives from the northern border region and 
two representatives from the southern bor-
der region. 
(iii) The Majority Leader of the Sen-
ate shall appoint two representatives from 
the northern border region and two rep-
resentatives from the southern border re-
gion. 
(iv) The Minority Leader of the 
House of Representatives shall appoint one 
representative from the northern border re-
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and individuals representing business and civic orga-
nizations along the northern and southern borders. 
(4) MEETINGS.— 
(A) COMMISSION.—The Commission shall 
meet at least semiannually, and may convene 
additional meetings as necessary. 
(B) SUBCOMMITTEES.—The northern bor-
der and southern border subcommittees shall 
meet at least quarterly, and may convene addi-
tional meetings as necessary. 
(5) DUTIES.—The Commission, and the north-
ern border and southern border subcommittees, 
shall— 
(A) develop recommendations for improve-
ments regarding border enforcement policies, 
strategies, and programs that take into consid-
eration their impact on border communities; 
(B) evaluate policies, strategies, and pro-
grams of Federal agencies operating along the 
northern and southern borders to— 
(i) protect— 
(I) due process; 
(II) the civil, human, and privacy 
rights of border residents and visitors; 
and 
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(III) private property rights of 
land owners; 
(ii) reduce the number of migrant 
deaths; and 
(iii) improve the safety of agents and 
officers of U.S. Customs and Border Pro-
tection; 
(C) develop recommendations for improve-
ments regarding the safety of agents and offi-
cers of U.S. Customs and Border Protection 
when such agents and officers are in the field; 
and 
(D) evaluate training, including estab-
lishing training courses related to management 
and leadership skills for supervisors in each 
U.S. Border Patrol sector and at each port of 
entry on the northern and southern borders, the 
extent to which supervisory and management 
personnel practices at U.S. Customs and Bor-
der Protection encourage and facilitate work-
force development for agents and officers, pro-
mote agent and officer field safety, and post- 
FLETC training and continuing education of 
border enforcement personnel in accordance 
with section 4. 
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(6) ADDITIONAL RESPONSIBILITIES.— 
(A) IN GENERAL.—In carrying out the du-
ties specified in paragraph (5), the Commission 
shall take into consideration any recommenda-
tions and evaluations agreed upon by the north-
ern border and southern border subcommittees. 
(B) 
SUBCOMMITTEE
REPORTS.—The 
northern border and southern border sub-
committees shall annually submit to the Chair 
and Vice Chair of the Commission a publicly 
available report containing the recommenda-
tions and evaluations of the subcommittees pur-
suant to paragraph (5). 
(7) PROHIBITION
ON
COMPENSATION.—Mem-
bers of the Commission and the northern border and 
southern border subcommittees may not receive pay, 
allowances, or benefits from the Government by rea-
son of their service on the Commission or the sub-
committees. 
(b) POWERS OF THE COMMISSION.— 
(1) IN GENERAL.— 
(A) 
HEARINGS
AND
EVIDENCE.—The 
Commission or, on the authority of the Com-
mission, any subcommittee or member thereof, 
may, for the purpose of carrying out this Act— 
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(i) hold such hearings, and sit and act 
at such times and places, take such testi-
mony, receive such evidence, and admin-
ister such oaths, and 
(ii) subject to subparagraph (B), re-
quire, by subpoena or otherwise, the at-
tendance and testimony of such witnesses 
and the production of such books, records, 
correspondence, memoranda, papers, and 
documents, 
as the Commission or such designated sub-
committee or designated member determines 
necessary to carry out its duties under sub-
section (a)(5). 
(B) SUBPOENAS.— 
(i) ISSUANCE.—A subpoena may be 
issued under this subsection only by— 
(I) the Chair and Vice Chair of 
the Commission; or 
(II) a recorded vote of two-thirds 
of the members of the northern border 
or southern border subcommittees, as 
the case may be. 
(ii) 
SERVICE.—Subpoenas 
issued 
under this subsection may be served by— 
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(I) any person designated by the 
Chair or the Vice Chair of the Com-
mission; or 
(II) any member of the Commis-
sion designated by a majority of the 
Commission. 
(iii) ENFORCEMENT.— 
(I) IN GENERAL.—In the case of 
contumacy or failure to obey a sub-
poena issued under this subsection, 
the United States district court for 
the judicial district in which the sub-
poenaed person resides, is served, or 
may be found, or where the subpoena 
is returnable, may issue an order re-
quiring such person to appear at any 
designated place to testify or to 
produce documentary or other evi-
dence. Any failure to obey the order of 
the court may be punished by the 
court as contempt of that court. 
(II) ADDITIONAL MEASURES.—In 
the case of any failure of an individual 
to comply with any subpoena issued 
under this section, the Commission, 
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may, by a majority vote, certify a 
statement of fact constituting such 
failure to the appropriate United 
States attorney. 
(iv) LIMITATION.—A subpoena may 
be issued only if the Commission certifies 
to the Secretary of Homeland Security 
that such issuance is necessary to carry 
out its duties under subsection (a)(5), and 
that all reasonable efforts will be taken to 
limit the disclosure of personally identifi-
able information to the greatest extent pos-
sible. 
(c) SAVINGS PROVISION.—Nothing in this Act may 
be construed as affecting in any manner 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 
annually submit to the Secretary of Homeland Secu-
rity a publicly available report containing informa-
tion on the activities, findings, and recommendations 
of the Commission, including the northern border 
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and southern border subcommittees, for the pre-
ceding year. 
(2) CONGRESSIONAL NOTIFICATION.—The Sec-
retary of Homeland Security shall brief the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate on each 
report required under paragraph (1). 
SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS-
MAN FOR BORDER AND IMMIGRATION RE-
LATED CONCERNS. 
(a) IN GENERAL.—Section 452 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 272) is amended to read 
as follows: 
‘‘SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION 
RELATED CONCERNS. 
‘‘(a) IN GENERAL.—There shall be within the De-
partment an Ombudsman for Border and Immigration Re-
lated Concerns (in this section referred to as the ‘Ombuds-
man’). The individual appointed as Ombudsman shall have 
a background in immigration or civil liberties law or law 
enforcement. The Ombudsman shall report directly to the 
Secretary. 
‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec-
retary shall take appropriate action to ensure the inde-
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pendence of the Ombudsman’s office from other officers 
or employees of the Department engaged in border secu-
rity or immigration activities. 
‘‘(c) STAFFING.—The Secretary shall take appro-
priate action to ensure that the Ombudsman’s office is 
sufficiently staffed and resourced to carry out its duties 
effectively and efficiently. 
‘‘(d) FUNCTIONS.—The functions of the Ombudsman 
shall be as follows: 
‘‘(1) To establish an independent, neutral, and 
appropriately confidential process to receive, inves-
tigate, resolve, and provide redress, including immi-
gration relief, monetary damages, or any other ac-
tion determined appropriate, for complaints, griev-
ances, or requests for assistance from individuals, 
associations, and employers regarding the border se-
curity and immigration activities of the Department. 
‘‘(2) To conduct inspections of the facilities, in-
cluding contract facilities, of U.S. Customs and Bor-
der Protection, U.S. Immigration and Customs En-
forcement, and U.S. Citizenship and Immigration 
Services. 
‘‘(3) To assist individuals and families who 
have been victims of crimes committed by aliens or 
of violence near the United States border, and indi-
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viduals and families impacted by situations in which 
the Department has exercised force. 
‘‘(4) To identify areas in which individuals, as-
sociations, 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) To 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 miti-
gate problems identified under this section. 
‘‘(6) To review, examine, and make rec-
ommendations regarding the border security and im-
migration and enforcement activities of U.S. Cus-
toms and Border Protection, U.S. Immigration and 
Customs Enforcement, and U.S. Citizenship and Im-
migration Services. 
‘‘(7) To establish a uniform and standardized 
complaint process regarding complaints against all 
U.S. Customs and Border Protection officers, U.S. 
Border Patrol agents, and CBP Agricultural Spe-
cialists for violations of standards of professional 
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conduct. Such complaint process shall have the fol-
lowing components: 
‘‘(A) Require that all complaints receive an 
independent review and investigation completed 
not later than one year from the date of receipt 
of each such complaint. 
‘‘(B) Require that complainants receive 
written confirmation of receipt of their com-
plaints not later than 90 days from the date of 
receipt of each such complaint, and a written 
summary regarding the outcome of such com-
plaints not later than one year after such date 
of receipt, including findings of fact, rec-
ommended action, and available redress. 
‘‘(C) Feature a centralized multilingual on-
line complaint form that includes street ad-
dress, 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. Information re-
lating to such form shall be visible at ports of 
entry and at U.S. Border Patrol interior check-
points. 
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‘‘(D) Include procedures for referring com-
plaints to the Office for Civil Rights and Civil 
Liberties, Office of the Inspector General, or 
other appropriate agency of the Department of 
Homeland Security. 
‘‘(E) Establish a publicly accessible na-
tional, standardized database capable of track-
ing and analyzing complaints and their resolu-
tion. 
‘‘(F) Provide publicly accessible records, 
with copies of complaints, and their resolutions 
permanently preserved and available for inspec-
tion, while maintaining the confidentiality of 
complainants’ identities. 
‘‘(8) To establish an online detainee locator sys-
tem for individuals held in U.S. Customs and Border 
Protection custody. 
‘‘(e) COMPLAINANTS.—The following shall apply to 
all complainants: 
‘‘(1) Any interested party, including a legal rep-
resentative, may file a complaint through the com-
plaint procedure pursuant to subsection (d)(7). 
‘‘(2) Complainants and other individuals identi-
fied in a complaint shall be protected from retalia-
tory action by law enforcement or by any officer of 
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the United States based on the content of such com-
plaint, and 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) Neither the filing of a complaint nor the 
contents of a complaint shall in any way confer im-
munity or otherwise impact any removal or criminal 
proceedings against a complainant or an individual 
identified in such complaint. 
‘‘(4) No personally identifiable information re-
lated to an individual involved in a complaint which 
would result in identification of such individual may 
be published. 
‘‘(5) Complainants shall receive full assistance 
from the Department in filing complaints, including 
language assistance, accommodations for disabilities, 
and accurate and complete responses to their ques-
tions. 
‘‘(f) OTHER RESPONSIBILITIES.—In addition to the 
functions specified in subsection (d), the Ombudsman 
shall— 
‘‘(1) monitor the coverage and geographic allo-
cation of local offices of the Ombudsman, including 
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appointing local ombudsmen for border and immi-
gration related concerns; 
‘‘(2) evaluate and take personnel actions (in-
cluding 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 appro-
priate departmental entity regarding any contractor 
proven to have violated departmental policies or pro-
cedures while executing any border security or immi-
gration activity; 
‘‘(4) make available a paper-based complaint 
form that includes the same information as the on-
line-based complaint form and that is available upon 
request at all ports of entry along the northern and 
southern borders and at U.S. Border Patrol stations 
in each U.S. Border Patrol sector; 
‘‘(5) refer to the Inspector General of the De-
partment any complaints of the violation of depart-
mental policies or procedures by any Department 
employee relating to border security or immigration 
activity; 
‘‘(6) provide a complainant with a summary of 
the outcome of any action taken in response to a 
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complaint, grievance, or request for assistance from 
such complainant, including any findings of fact, 
recommended action, and available redress; and 
‘‘(7) be subject to subparagraph (B) of section 
7114(a)(2) of title 5, United States Code, with re-
spect to all Ombudsman investigations and inter-
views. 
‘‘(g) REQUEST FOR INVESTIGATIONS.—The Ombuds-
man is authorized to request the Inspector General of the 
Department to conduct inspections, investigations, and 
audits related to subsections (d), (e), and (f). 
‘‘(h) COORDINATION WITH DEPARTMENT COMPO-
NENTS.— 
‘‘(1) IN GENERAL.—The Director of U.S. Citi-
zenship and Immigration Services, the Assistant 
Secretary of U.S. Immigration and Customs En-
forcement, and the Commissioner of U.S. Customs 
and Border Protection shall each establish proce-
dures to provide formal responses to recommenda-
tions submitted to such officials by the Ombudsman 
within 60 days of receiving such recommendations. 
‘‘(2) ACCESS TO INFORMATION.—The Secretary 
shall establish procedures to provide the Ombuds-
man access to all departmental records necessary to 
execute the responsibilities of the Ombudsman under 
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subsection (d) or (f) not later than 60 days after a 
request from the Ombudsman for such information. 
‘‘(3) JOINT INTAKE CENTER CONSOLIDATION.— 
The Secretary shall establish procedures to consoli-
date all border and immigration related complaints 
submitted to the Joint Intake Center of the Depart-
ment to the Ombudsman. Such procedures shall in-
clude the following: 
‘‘(A) Authorization for the Ombudsman to 
refer cases to the Inspector General or the Of-
fice of Internal Affairs of the Department or af-
filiated agency for investigation and remedi-
ation of specific cases. 
‘‘(B) Authorization for the Ombudsman to 
refer cases to U.S. Customs and Border Protec-
tion or U.S. Immigration and Customs Enforce-
ment, as the case may be, for investigation and 
remediation by chain of command within each 
respective agency. 
‘‘(i) PUBLIC OUTREACH.—The Secretary shall— 
‘‘(1) take all appropriate action to advise the 
public regarding the existence, duties, responsibil-
ities, and grievance processes of the Ombudsman’s 
office; and 
‘‘(2) promulgate regulations to ensure— 
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‘‘(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 Om-
budsman’s office to advance the purposes de-
scribed in this section. 
‘‘(j) ANNUAL REPORTING.—Not later than June 30 
of each year beginning in the year after the date of the 
enactment of this subsection, the Ombudsman shall sub-
mit to the appropriate congressional committees a report 
that includes the following: 
‘‘(1) The number and type of complaints re-
ceived in each U.S. Border Patrol sector, the demo-
graphics of complainants, the results of investiga-
tions, including violations of standards and any dis-
ciplinary actions taken, and an identification of any 
complaint patterns that could be prevented or re-
duced by policy training or practice changes. 
‘‘(2) An inventory of complaints referred to in 
paragraph (1) for which action has been taken and 
the time between receipt and resolution of each such 
complaint. 
‘‘(3) An inventory of complaints referred to in 
paragraph (1) for which action has not been taken 
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after one year, the period during which each com-
plaint has been open, and the reason for failure to 
resolve each such complaint. 
‘‘(4) Recommendations the Ombudsman has 
made to improve the services and responsiveness of 
U.S. Citizenship and Immigration Services, U.S. Im-
migration and Customs Enforcement, and U.S. Cus-
toms and Border Protection, and any responses re-
ceived from each such component or the Department 
regarding such recommendations. 
‘‘(5) Information relating to consolidation of 
complaints submitted to the Joint Intake Center of 
the Department, in accordance with paragraph (3) 
of subsection (h). 
‘‘(6) Other information as the Ombudsman de-
termines advisable. 
‘‘(k) ESTABLISHMENT OF BORDER COMMUNITIES LI-
AISON OFFICE.— 
‘‘(1) IN GENERAL.—The Ombudsman, in con-
junction with the Office for Civil Rights and Civil 
Liberties of the Department, shall establish a Bor-
der Community Liaison Office (in this subsection re-
ferred to as the ‘Liaison Office’) in each U.S. Bor-
der Patrol sector on the northern and southern bor-
ders. 
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‘‘(2) PURPOSES.—Each Liaison Office under 
this subsection shall— 
‘‘(A) foster cooperation between the U.S. 
Border Patrol, the Office of Field Operations of 
the Department, and border communities; 
‘‘(B) consult with border communities on 
the development of policies, directives, and pro-
grams of the U.S. Border Patrol and the Office 
of Field Operations; and 
‘‘(C) receive feedback from border commu-
nities on the performance of the U.S. Border 
Patrol and the Office of Field Operations. 
‘‘(3) MEMBERSHIP.—Each Liaison Office shall 
be comprised of representation from the community 
and U.S. Customs and Border Protection, including 
at least the following: 
‘‘(A) One 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 commu-
nity, or community relations. 
‘‘(B) One nonuniformed U.S. Border Pa-
trol agent with significant experience working 
for the U.S. Border Patrol. 
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‘‘(C) One nonuniformed U.S. Customs and 
Border Protection officer with significant expe-
rience working for U.S. Customs and Border 
Protection. 
‘‘(l) REPORT ON THE IMPACT OF BORDER ENFORCE-
MENT TECHNOLOGIES
AND OPERATIONS
ON BORDER 
COMMUNITIES.—Not later than 180 days after the date 
of the enactment of this section, the Secretary shall sub-
mit to the appropriate congressional committees a report 
that assesses current efforts and technologies used at 
United States borders, and the impact on border commu-
nities of such efforts and technologies on civil rights, pri-
vate property rights, privacy rights, and civil liberties. 
‘‘(m) GAO REPORT ON THE EXTENT OF CBP AC-
TIVITIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 
later than one year after the date of the enactment of this 
section, the Comptroller General of the United States shall 
submit to the appropriate congressional committees a re-
port that assesses the following issues: 
‘‘(1) How far into the United States interior 
the current activities, operations (including check-
points), and claimed authority of U.S. Customs and 
Border Protection extend. 
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‘‘(2) The extent to which the area of activities, 
operations, and claimed authority referred to in 
paragraph (1) is necessary. 
‘‘(3) The effectiveness of U.S. Customs and 
Border Protection’s interior enforcement and its im-
pact on civil, constitutional, and private property 
rights.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Homeland Security Act of 2002 is amended by 
amending the item relating to section 452 to read as fol-
lows: 
‘‘Sec. 452. Ombudsman for Border and Immigration Related Concerns.’’. 
SEC. 4. TRAINING AND CONTINUING EDUCATION. 
(a) MANDATORY TRAINING AND CONTINUING EDU-
CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY 
AND PROFESSIONALISM.—The Secretary of Homeland Se-
curity shall ensure that every agent and officer of U.S. 
Customs and Border Protection receives a minimum of 19 
weeks of training that are directly related to the mission 
of the U.S. Border Patrol and the Office of Field Oper-
ations of the Department of Homeland Security before the 
initial assignment of such agents and officers, and eight 
hours of continuing education annually thereafter. 
(b) FLETC.—The Secretary of Homeland Security, 
acting through the Commissioner of U.S. Customs and 
Border Protection, shall work in consultation with the Di-
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rector of the Federal Law Enforcement Training Centers 
to establish guidelines and curriculum for the training of 
agents and officers of U.S. Customs and Border Protec-
tion under subsection (a). 
(c) CONTINUING EDUCATION.—The Secretary of 
Homeland Security shall annually require all agents and 
officers of U.S. Customs and Border Protection who are 
required to undergo training under subsection (a) to par-
ticipate in continuing education to maintain and update 
understanding of Federal legal rulings, court decisions, 
and Department of Homeland Security policies, proce-
dures, and guidelines related to relevant subject matters. 
(d) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report identifying the guidelines and curriculum 
established to carry out subsection (a). 
(e) ASSESSMENT.—Not later than six years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that assesses the training 
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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 Home-
land Security shall submit to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report that contains an assessment of the 
current standards and guidelines for managing ports of 
entry under the control of the Department of Homeland 
Security. Such assessment shall include information relat-
ing to the following: 
(1) Staffing levels and the need for additional 
staffing. 
(2) Rules governing the actions of Office of 
Field Operations agents. 
(3) Average delays for transit through air, land, 
and sea ports of entry. 
(4) An assessment of existing efforts and tech-
nologies used for border security, and the effect of 
the use of such efforts and technologies on facili-
tating trade at ports of entry and their impact on 
civil rights, private property rights, privacy rights, 
and civil liberties. 
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(5) The economic impact of the policies and 
practices of CBP Agricultural Specialists and Office 
of Field Operations work. 
(6) Physical infrastructure and technological 
needs at ports of entry. 
(b) UPDATES.—Based upon the information and as-
sessment contained in the report required under sub-
section (a), the Secretary of Homeland Security shall es-
tablish 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 applica-
ble, the following: 
(1) Increasing levels of staffing of CBP Agricul-
tural Specialists at ports of entry at which delays 
hinder or negatively impact the local or national 
economies. 
(2) Increasing the use of or updating tech-
nology at ports of entry at which there are average 
delays of over two hours based on U.S. Customs and 
Border Protection data collected during the previous 
fiscal year. 
(3) Publishing rules on the handling of docu-
ments at ports of entry. 
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(4) Establishing standards of conduct and de-
meanor when interacting with vulnerable popu-
lations, such as children and victims of human traf-
ficking, and individuals with border crossing cards. 
(5) Establishing training courses relating to 
management and leadership skills for supervisors 
and managers at ports of entry. 
SEC. 6. REPORTING REQUIREMENTS. 
(a) CBP REPORT ON MIGRANT DEATHS.—Not later 
than 180 days after the date of the enactment of this Act, 
the Commissioner of U.S. Customs and Border Protection 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a report relating to deaths occurring along the United 
States-Mexico border, including information on the fol-
lowing: 
(1) The number of documented migrant deaths. 
(2) A geographical breakdown of where such 
migrant deaths occur. 
(3) To the extent possible, the cause of death 
for each migrant. 
(4) The extent to which border technology, 
physical barriers, and enforcement programs have 
contributed to such migrant deaths. 
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(5) A detailed description of U.S. Customs and 
Border Protection programs or plans to reduce the 
number of migrant deaths along the border, includ-
ing an assessment on the effectiveness of water sup-
ply sites and rescue beacons. 
(b) GAO REPORT ON MIGRANT DEATHS.—Not later 
than 90 days after the submission of the report required 
under subsection (a), the Comptroller General of the 
United States shall review such report to determine the 
following: 
(1) The validity of U.S. Customs and Border 
Protection’s statistical analysis of migrant deaths. 
(2) The extent to which U.S. Customs and Bor-
der Protection has adopted simple and low-cost 
measures, such as water supply sites and rescue bea-
cons, to reduce the frequency of migrant deaths. 
(3) The extent to which U.S. Customs and Bor-
der Protection measures the effectiveness of its pro-
grams to address the frequency of migrant deaths. 
(4) The extent of data and information sharing 
and cooperation between U.S. Customs and Border 
Protection, State and local law enforcement, foreign 
diplomatic and consular posts, and nongovernmental 
organizations to accurately identify deceased individ-
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uals and notify family members and compare infor-
mation to missing persons registries. 
(c) GAO REPORT ON USE OF FORCE.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Comptroller General of the United States shall ex-
amine the extent to which U.S. Customs and Border 
Protection has clarified use of force policies, includ-
ing the following (and any recommendations related 
to the following): 
(A) The extent to which U.S. Customs and 
Border Protection has implemented new train-
ing tactics to improve use of force policies, in-
cluding how the use of force policy conforms 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, including 
protective gear and body-worn cameras, to im-
prove agents’ and officers’ abilities to lawfully 
and properly engage and interact with individ-
uals. 
(C) Efforts to review and enhance current 
training and tactics related to use of force, and 
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to implement reforms to ensure agents and offi-
cers 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 en-
hance 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 to 
track the effectiveness of use of force training 
and 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 Protec-
tion could implement best law enforcement 
practices to improve policies for transparent 
communication with family members of individ-
uals injured or killed by U.S. Customs and Bor-
der Protection agents’ or officers’ uses of force, 
including updates on any pending investiga-
tions, and policies for timely notification of such 
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injuries and deaths following such uses of force 
to the Commissioner of U.S. Customs and Bor-
der Protection, the Joint Intake Center of the 
Department of Homeland Security, the Office 
of Inspector General of the Department, the Of-
fice for Civil Rights and Civil Liberties of the 
Department, and the Office 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, re-
viewed, and if possible implemented into U.S. 
Customs and Border Protection and Depart-
ment of Homeland Security use of force policies 
and best practices. 
(H) The extent to which U.S. Customs and 
Border Protection electronically tracks personal 
searches and seizures of personal items at the 
border, and an assessment of how such infor-
mation is used to inform U.S. Customs and 
Border Protection policies and procedures. 
(2) IMPLEMENTATION OF GAO FINDINGS.—The 
Secretary of Homeland Security shall direct the 
Commissioner of U.S. Customs and Border Protec-
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tion to implement any recommendations contained in 
the report required under paragraph (1). If the Sec-
retary does not so implement such recommendations, 
the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a written notifica-
tion explaining why such recommendations are not 
being so implemented. 
(d) CBP REPORT ON USE OF BODY CAMERAS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Commis-
sioner of U.S. Customs and Border Protection shall 
submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report relating to the use, practices, and 
procedures of body cameras within U.S. Customs 
and Border Protection, including information on the 
following: 
(A) The number of body cameras currently 
in active use within U.S. Customs and Border 
Protection. 
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(2) DATA DEFINED.—For purposes of this sub-
section, the term ‘‘data’’ means video and audio 
footage captured by a body camera during its use. 
Æ 
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