S. 2065 — CHECKPOINT Act

This section establishes definitions for terms used in the Act, including (1) appropriate congressional committees as the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Homeland Security; (2) Assistant Chief as the assistant selected to manage the CPMO under section 3(a)(2); (3) checkpoint as a permanent or temporary checkpoint operated by the U.S. Border Patrol; (4) Chief as the Chief of the U.S. Border Patrol; and (5) CPMO as the Checkpoint Program Management Office established under section 3.

This section establishes the Checkpoint Program Management Office (CPMO) within U.S. Border Patrol, under U.S. Customs and Border Protection (CBP), to provide oversight of checkpoint operations nationwide. The Border Patrol Chief must select an Assistant Chief to manage the CPMO for a term of at least two years and, not later than 180 days after enactment, issue or update a memorandum outlining the CPMO's authority, roles, and responsibilities and provide copies to field points of contact designated under section 4(b). Working through the Assistant Chief, the Chief must (1) establish and maintain CPMO policies and standard operating procedures; (2) oversee checkpoint data quality and accuracy in sectors with checkpoints; (3) provide regular training on policies, procedures, data entry, and data quality to relevant Border Patrol employees; (4) conduct regular reviews of checkpoint staffing and resources; (5) serve as liaison with sector officials on checkpoint issues; and (6) coordinate regular operational reviews, including covert testing by CBP's Operational Field Testing Division.

This section requires the Checkpoint Program Management Office (CPMO) of U.S. Customs and Border Protection (CBP) to regularly coordinate with specified CBP offices supporting checkpoint operations, including the National Canine Program, Operational Field Testing Division, Border Patrol Mission Support Directorate, Border Patrol Strategic Planning and Analysis Directorate, and Office of Field Operations Non-Intrusive Inspection Program Office. The section further requires the Chief of the U.S. Border Patrol, in each sector with checkpoints, to designate a checkpoint point of contact to serve as liaison with the CPMO; handle checkpoint policy updates, training, and communications; ensure sector checkpoint data reliability; and meet regularly with CPMO staff. Finally, the section directs the Chief to approve standard operating procedures for the CPMO within 180 days of enactment to govern oversight of checkpoint data quality, resource reviews, and other activities identified by the Assistant Chief.

This section directs the Chief of U.S. Border Patrol, in cooperation with the Assistant Chief, to require regular collection of data on checkpoint operations, including (1) apprehensions and seizures; (2) technology and assets used; (3) people involved; (4) apprehensions of smuggled people; (5) canine assists with drug seizures; (6) seizures of trace amounts of marijuana; (7) non-drug property seizures; and (8) attempted checkpoint circumventions. The section further requires regular collection of data on secondary inspections at checkpoints using the Border Enforcement Secondary Tool and any additional tools developed for that purpose. Additionally, the section directs the Chief to develop, not later than 180 days after enactment, a plan with goals and milestones for (1) improving checkpoint data collection; (2) improving checkpoint data reliability and accuracy; and (3) addressing recommendations 1 through 3 in the Government Accountability Office report entitled "Border Patrol: Actions Needed to Improve Checkpoint Oversight and Data" (GAO–22–104568, published June 6, 2022).

This section requires three reports to the appropriate congressional committees. (1) An annual report from the Chief, in collaboration with the Assistant Chief, describing data collected under section 5(a) and (b), steps to implement the section 5(c) plan, and actions to ensure oversight of the Checkpoint Program Management Office (CPMO) and checkpoint operations. (2) A Government Accountability Office (GAO) report, due not later than 18 months after enactment, analyzing the effectiveness of the CPMO established under section 3(a). (3) An annual unredacted report from the Secretary of Homeland Security, in collaboration with the U.S. Customs and Border Protection (CBP) Commissioner, on CBP's purchase and use of surveillance technology—including a comprehensive inventory; for each technology, its source, use, data storage and records management, and annual recurring costs; privacy impact assessments (including any modifications or rescissions); and the number, types, and results of criminal investigations using such data.