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Code · BILL · 113th Congress · H.R. 4303 (Introduced in House) — To increase transparency, accountability, and community engagement within U.S. Customs and Border Protection, provide... · Sec. 6

Sec. 6. Reporting requirements

792 words·~4 min read·/bill/113/hr/4303/ih/section-6

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Not later than 180 days after the date of the enactment of this Act, the Commissioner of 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 deaths occurring along the United States-Mexico border, including information on the following: The number of documented migrant deaths. A geographical breakdown of where such migrant deaths occur.
To the extent possible, the cause of death for each migrant. The extent to which border technology, physical barriers, and enforcement programs have contributed to such migrant deaths. A detailed description of U.S. Customs and Border Protection 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. 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:
The validity of U.S. Customs and Border Protection’s statistical analysis of migrant deaths. The extent to which U.S. Customs and Border Protection has adopted simple and low-cost measures, such as water supply sites and rescue beacons, to reduce the frequency of migrants deaths. The extent to which U.S. Customs and Border Protection measures the effectiveness of its programs to address the frequency of migrant deaths. The extent of data and information sharing and cooperation between U.S.
Customs and Border Protection, local and State law enforcement, foreign diplomatic and consular posts, and nongovernmental organizations to accurately identify deceased individuals and notify family members and compare information to missing persons registries. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall examine the extent to which U.S. Customs and Border Protection has clarified use of force policies, including the following (and any recommendations related to the following):
The extent to which U.S. Customs and Border Protection has implemented new training tactics to improve use of force policies, including how the use of force policy conforms to Department of Homeland Security and Federal law enforcement best practices. The extent to which U.S. Customs and Border Protection has identified additional or alternative weapons and equipment to improve agents’ and officers’ abilities to de-escalate confrontations, including protective gear. Efforts to review and enhance current training and tactics related to use of force, and to implement reforms to ensure agents and officers are better equipped to assess and respond to threats.
The extent to which U.S. Customs and Border Protection has established a stakeholder engagement framework to better inform and enhance U.S. Customs and Border Protection’s use of force training. 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.
How U.S. Customs and Border Protection could implement best law enforcement practices to improve policies for transparent communication with family members of individuals injured or killed by U.S. Customs and Border Protection agent’s and officer’s use of force, including updates on any pending investigations, and policies for timely notification of such injuries and deaths following such uses of force to the Commissioner of Customs and Border Protection, 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 and U.S.
Customs and Border Protection, Congress, and the applicable consulates, if appropriate. How recommendations and requests made by agents and officers of U.S. Customs and Border Protection have been received, reviewed, and if possible implemented into U.S. Customs and Border Protection and Department of Homeland Security use of force policies and best practices. 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 information is used to inform U.S.
Customs and Border Protection policies and procedures. The Secretary of Homeland Security shall direct the Commissioner of Customs and Border Protection to implement any recommendations contained in the report required under paragraph (1). If the Secretary 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 Governmental Affairs of the Senate a written notification explaining why such recommendations are not being so implemented.
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