S2367-118

1. Short titles This Act may be cited as the Continuing High-quality Evaluations of Concerning and Known Persons Of Interest through National Training updates Act or the CHECKPOINT Act.

2. Improving border security Not less frequently than once every 3 years, the Commissioner of U.S. Customs and Border Protection shall— in consultation with the Office of Intelligence and Analysis, the U.S. Customs and Border Protection National Targeting Center, and other relevant intelligence or law enforcement components of the Department of Homeland Security, assess the drug type categories available in the U.S. Customs and Border Protection data systems to determine if such categories adequately reflect the drug smuggling scenarios encountered by U.S. Customs and Border Protection officers and agents; evaluate the drug seizures portion of the National Field Training Program to ensure proper classification and recording of seized narcotics, such as fentanyl, methamphetamine and counterfeit prescription drugs; and assess the effectiveness of U.S. Customs and Border Protection efforts to combat human smuggling. The Chief, U.S. Border Patrol shall— update the roles and responsibilities of the Checkpoint Program Management Office and disseminate the updated roles and responsibilities to all of the U.S. Border Patrol agents in each Border Patrol sector; and develop and regularly update the policies and procedures for immigration checkpoint oversight activities of the Checkpoint Program Management Office. The Chief, U.S. Border Patrol shall— implement the Border Enforcement Secondary Tool at immigration checkpoints, wherever feasible, or implement any subsequent replacement program; and require that secondary checkpoints use all approved surveillance technologies, whenever feasible, such as adopting license plate readers and installing closed circuit televisions. The Executive Assistant Commissioner, Office of Field Operations, shall— finalize and implement a plan to regularly evaluate the drug seizures portion of the Post-Academy Program; and regularly update the plan materials. The Assistant Commissioner, Office of Intelligence, shall— establish the Southern Border Intelligence Center to develop the understanding of the threat in the environment along the international border between the United States and Mexico and report annually to Congress regarding the threat situation along such border; increase the capabilities of the CBP Intelligence Watch and the CBP Joint Processing and Operations Center to provide continuous support to combating transnational criminal organizations and submit an annual report to Congress on the status of such efforts; develop an intelligence research specialist career path, training requirements, and intelligence enterprise training academy to support border security, counter narcotic, and checkpoint operations; and require that all intelligence research specialists are trained to the applicable performance standards and submit an annual report to Congress regarding the status of the intelligence professional workforce.

3. Annual report The Chief, U.S. Border Patrol shall submit an annual report to Congress that describes the actions undertaken to ensure that— the Checkpoint Program Management Office, in coordination with U.S. Border Patrol sectors, is overseeing the consistent and accurate recording of immigration checkpoint activity data, including data regarding— apprehensions at checkpoints, including smuggled people; canine assists with drug seizures; seizures of trace amounts of marijuana; drug seizures, including drug seizures involving fentanyl mixed with another drug and drug seizures of counterfeit drugs; non-drug property seizures; and attempted checkpoint circumventions; U.S. Border Patrol uses its data system to document information about all people for whom a checkpoint encounter leads to a subsequent enforcement action; and the Checkpoint Program Management Office— receives sustained oversight from the Office of the Chief, U.S. Border Patrol; is held accountable for implementing its checkpoint oversight responsibilities; and is consistently and adequately staffed.

1. Short titles This Act may be cited as the Continuing High-quality Evaluations of Concerning and Known Persons Of Interest through National Training Updates Act or the CHECKPOINT Act.

2. Definitions In this Act: The term checkpoint means a permanent or temporary checkpoint operated by the U.S. Border Patrol. The term Chief means the Chief of the U.S. Border Patrol. The term CPMO means the Checkpoint Program Management Office established pursuant to section 3.

3. Improving border security The Commissioner for U.S. Customs and Border Protection shall establish and operate, within the U.S. Border Patrol, the Checkpoint Program Management Office, which shall provide oversight over checkpoint operations nationwide. The Chief shall select an Assistant Chief to manage the CPMO for a term of at least 2 years. Not later than 180 days after the date of the enactment of this Act, the Chief shall— issue a memorandum, or update relevant existing memoranda, outlining the authority, roles, and responsibilities of the CPMO; and provide copies of such new or updated memoranda to the field points of contact designated pursuant to section 4(b). The Chief, working through the Assistant Chief of the CPMO, shall— establish and maintain policies and standard operating procedures that detail the authority, roles, and responsibilities of the CPMO; provide oversight of checkpoint data quality and accuracy to U.S. Border Patrol sectors that have checkpoints; provide regular training regarding policies, standard operating procedures, data entry, and data quality and accuracy to— employees of U.S. Border Patrol sectors with checkpoints; and employees stationed where checkpoints have been approved to operate; conduct regular reviews of checkpoint staffing and resources; serve as the liaison with U.S. Border Patrol sector officials with respect to any ongoing checkpoint issues, including the field points of contact designated pursuant to section 4(b); and coordinate regular reviews of checkpoint operations, including covert testing by U.S. Customs and Border Protection's Operational Field Testing Division.

4. Coordination of checkpoint activities The Commissioner for U.S. Customs and Border Protection shall require the CPMO to regularly coordinate with offices of U.S. Customs and Border Protection that support checkpoint operations, including— the U.S. Customs and Border Protection National Canine Program; the U.S. Customs and Border Protection Operational Field Testing Division; the U.S. Border Patrol Mission Support Directorate; the U.S. Border Patrol Strategic Planning and Analysis Directorate; and the Office of Field Operations Non-Intrusive Inspection Program office. The Chief shall require, in each U.S. Border Patrol sector with checkpoints, a designated checkpoints point of contact, who shall— serve as the liaison between U.S. Border Patrol sector officials and the CPMO regarding checkpoint policies and procedures; maintain responsibility for any communication related to checkpoint policy updates and checkpoint training; coordinate with the sector-level data integrity team to ensure sector checkpoint data reliability and accuracy; and meet on a regular basis with CPMO staff to discuss policy updates, operational issues, and leading practices. Not later than 180 days after the date of the enactment of this Act, the Chief shall approve standard operating procedures for the CPMO, which shall govern its checkpoint oversight activities, including— oversight of checkpoint data quality; reviews of checkpoint resources; and other activities identified by the Assistant Chief of the CPMO.

5. Data collection The Chief, in cooperation with the Assistant Chief of the CPMO, shall require the regular collection of data, including data relating to— apprehensions and seizures occurring at checkpoints; technology and assets used to carry out such enforcement actions; people involved in such enforcement actions; apprehensions of smuggled people; canine assists with drug seizures; seizures of trace amounts of marijuana; non-drug property seizures; and attempted checkpoint circumventions. The Chief, in cooperation with the Assistant Chief of the CPMO, shall require the regular collection of data on secondary inspections that occur at checkpoints using— the Border Enforcement Secondary Tool; license plate reader technology; and any additional tools developed to document information about secondary inspections at checkpoints. Not later than 180 days after the date of the enactment of this Act, the Chief shall develop a plan, which shall include goals and milestones— for improving checkpoint data collection; for improving checkpoint data reliability and accuracy; and for addressing the checkpoint data collection issues identified in recommendations 1 through 3 of the Government Accountability Office’s report entitled Border Patrol: Actions Needed to Improve Checkpoint Oversight and Data (GAO-22-104568), published on June 6, 2022. The Chief, in collaboration with the Assistant Chief of the CPMO, shall submit an annual 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 describes— the data collected pursuant to subsections (a) and (b); the steps taken to implement the plan developed pursuant to subsection (c); and the actions taken to ensure oversight of the CPMO and the operations of checkpoints.