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 complete a review of 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 and U.S. Immigration and Customs Enforcement have 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 and U.S. Immigration and Customs Enforcement have 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 and U.S. Immigration and Customs Enforcement have 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 and U.S. Immigration and Customs Enforcement have 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 and U.S. Immigration and Customs Enforcement have 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 and U.S. Immigration and Customs Enforcement 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 or U.S. Immigration and Customs Enforcement 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 and U.S. Immigration and Customs Enforcement 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 and U.S. Immigration and Customs Enforcement 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 and the Director of U.S. Immigration and Customs Enforcement 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. (g) GAO report on feasibility of establishment of alternate immigration court system Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress, publish, and make available to the public a report that— (1) analyzes the feasibility of establishing an immigration court system, outside the executive branch, composed of judges appointed for a fixed term with jurisdiction over cases arising under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other immigration law of the United States; (2) analyzes the appeal process for such cases; (3) analyzes the impact that such an immigration court system would have on the number of cases heard by each immigration judge and any backlog of such cases; (4) analyzes the barriers to the establishment of such an immigration court system; and (5) provides recommendations relating to the establishment of such an immigration court system.