Section 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”.
Continuing High-quality Evaluations of Concerning and Known Persons Of Interest through National Training Updates Act
A BILL
To improve border security through regular assessments and evaluations of the Checkpoint Program Management Office and effective training of U.S. Border Patrol agents regarding drug seizures.
Sec. 2 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Homeland Security of the House of Representatives.
Assistant chief— The term Assistant Chief means the Assistant Chief selected to manage the CPMO pursuant to section 3(a)(2).
Checkpoint— The term checkpoint means a permanent or temporary checkpoint operated by the U.S. Border Patrol.
Chief— The term Chief means the Chief of the U.S. Border Patrol.
CPMO— The term CPMO means the Checkpoint Program Management Office established pursuant to section 3.
Sec. 3 Improving border security
Checkpoint Program Management Office—
Establishment— 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.
Assistant chief— The Chief shall select an Assistant Chief to manage the CPMO for a term of at least 2 years.
Authorities, roles, and responsibilities— 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).
CPMO Administration— The Chief, working through the Assistant Chief, 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.
Sec. 4 Coordination of checkpoint activities
Headquarters coordination— 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.
Field points of contact— 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.
Establishment of standard operating procedures— 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.
Sec. 5 Data collection
In general— The Chief, in cooperation with the Assistant Chief, 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.
Secondary inspections— The Chief, in cooperation with the Assistant Chief, shall require the regular collection of data on secondary inspections that occur at checkpoints using—
the Border Enforcement Secondary Tool; and
any additional tools developed to document information about secondary inspections at checkpoints.
Data collection plan— Not later than 180 days after the date of the enactment of this Act, the Chief shall develop a plan that includes 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.
Sec. 6 Reports
Annual data collection report— The Chief, in collaboration with the Assistant Chief, shall submit an annual report to the appropriate congressional committees that describes—
the data collected pursuant to subsections (a) and (b) of section 5;
the steps taken to implement the plan developed pursuant to section 5(c); and
the actions taken to ensure oversight of the CPMO and the operations of checkpoints.
GAO report— Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that analyzes the effectiveness of the Checkpoint Program Management Office established pursuant to section 3(a).
Annual surveillance technology purchase and use report— The Secretary of Homeland Security, in collaboration with the Commissioner for U.S. Customs and Border Protection, shall submit an unredacted annual report to the appropriate congressional committees regarding the purchase and use by U.S. Customs and Border Protection of surveillance technology, which shall include—
a comprehensive inventory of each surveillance technology owned, operated, developed, or maintained by, or on behalf of, U.S. Customs and Border Protection; and
with respect to each surveillance technology referred to in paragraph (1)—
the source of such surveillance technology;
a description of the use of such surveillance technology;
a description of—
the databases in which data derived from such surveillance technology is stored; and
the records management statutes, regulations, guidelines, and procedures for the storage, archiving, and deletion of such data; and
the annual recurring costs for the use of such surveillance technology and the storage and archival of the data described in subparagraph (C);
with respect to the privacy issues relating to the use of the surveillance technology referred to in paragraph (1)—
the privacy impact assessments;
whether such assessments were modified or rescinded during the 1-year period immediately preceding the date of on which the report is submitted; and
if a modification or rescission described in subparagraph (A) was made, a description of the basis for, and an identification of the individual who directed, such modification or rescission; and
the number and types of criminal investigations that used data acquired through the surveillance technology referred to in paragraph (1) and the results of such investigations.
Sec. 7 No additional funding
No additional funds are authorized to be appropriated for the purpose of carrying out this Act.
Sec. 8 Sunset
This Act shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act.