H.R. 2203 — what changed
Homeland Security Improvement Act
From Introduced in House to Reported in House. 1 section amended, 27 added, and 9 removed between Introduced in House and Reported in House.
Section 1 Short title; table of contents
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Short title— This Act may be cited as the “Homeland Security Improvement Act”.
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Table of contents— The table of contents for this Act is as follows:
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This Act may be cited as the “Homeland Security Improvement Act”.
Sec. 2 Stakeholder and community engagement
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Department of Homeland Security Border Oversight Commission—
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Establishment— There is established an independent commission, which shall be known as the “Department of Homeland Security Border Oversight Commission” (in this Act referred to as the “Commission”).
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Organization—
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Leadership— The Commission shall be led by a Chair and Vice Chair.
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Membership—
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In general— The Commission shall be composed of 30 members, recommended by Congress, in consultation with the President, who have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience, of whom—
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13 members shall be from the northern border region and shall include—
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two local government elected officials;
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two local law enforcement officials;
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two civil rights advocates;
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one business representative;
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one higher education representative;
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one representative of a faith community;
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two representatives of the U.S. Border Patrol; and
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two tribal officials; and
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17 members shall be from the southern border region and shall include—
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three local government elected officials;
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three local law enforcement officials;
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three civil rights advocates;
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two business representatives;
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one higher education representative;
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one representative of a faith community;
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two representatives of the U.S. Border Patrol; and
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two tribal officials.
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Chair, vice chair— The members of the Commission shall elect a Chair and a Vice Chair from among its members by a majority vote of at least 16 members.
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Terms of service— The Chair and Vice Chair of the Commission shall serve for terms of four years. Members of the Commission shall serve for terms of four years.
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Appointment deadline— Members of the Commission shall be appointed not later than 180 days after the date of the enactment of this Act.
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Meetings—
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Commission— The Commission shall meet at least semiannually, and may convene additional meetings as necessary.
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Subcommittees— The northern border and southern border subcommittees shall meet at least quarterly, and may convene additional meetings as necessary.
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Duties— The Commission, and the northern border and southern border subcommittees, shall—
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develop recommendations for improvements regarding border enforcement policies, strategies, and programs that take into consideration their impact on border communities;
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evaluate policies, strategies, and programs of Federal agencies operating along the northern and southern borders to—
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protect—
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due process;
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the civil and human rights of border residents and visitors; and
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private property rights of land owners;
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reduce the number of migrant deaths; and
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improve the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement;
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develop recommendations for improvements regarding the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement when such agents and officers are in the field; and
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evaluate training, including establishing training courses related to management and leadership skills for supervisors in each U.S. Border Patrol sector, at each port of entry on the northern and southern borders, and at each U.S. Immigration and Customs Enforcement field office and the extent to which supervisory and management personnel practices at U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement encourage and facilitate workforce development for agents and officers, promote agent and officer field safety, and post-FLETC training of border enforcement personnel in accordance with section 6.
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Additional responsibilities—
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In general— In carrying out the duties specified in paragraph (5), the Commission shall take into consideration any recommendations and evaluations agreed upon by the northern border and southern border subcommittees.
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Subcommittee reports— The northern border and southern border subcommittees shall annually submit to the Chair and Vice Chair of the Commission a publicly available report containing the recommendations and evaluations of the subcommittees pursuant to paragraph (5).
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Prohibition on compensation— Members of the Commission and the northern border and southern border subcommittees may not receive pay, allowances, or benefits from the Government by reason of their service on the Commission or the subcommittees.
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Hearings and evidence— The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act hold such hearings, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member determines necessary to carry out its duties under subsection (a)(5).
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Savings provision— Nothing in this Act may be construed as affecting in any manner the investigative and disciplinary procedures of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or the Department of Homeland Security with respect to agents and officers of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
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Reports—
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Annual reports— The Commission shall annually submit to the Secretary of Homeland Security a publicly available report containing information on the activities, findings, and recommendations of the Commission, including the northern border and southern border subcommittees, for the preceding year.
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Congressional notification— The Secretary of Homeland Security shall brief the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate on each report required under paragraph (1).
Sec. 3 Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns
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In general— Section 452 of the Homeland Security Act of 2002 (6 U.S.C. 272) is amended to read as follows:
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“452. Ombudsman for Border and Immigration Related Concerns
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“(a) In general—There shall be within the Department an Ombudsman for Border and Immigration Related Concerns (in this section referred to as the “Ombudsman”). The individual appointed as Ombudsman shall have a background in immigration or civil liberties law or law enforcement. The Ombudsman shall report directly to the Secretary.
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“(b) Organizational independence—The Secretary shall take appropriate action to ensure the independence of the Ombudsman’s office from other officers or employees of the Department engaged in border security or immigration activities.
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“(c) Staffing—The Secretary shall take appropriate action to ensure that the Ombudsman’s office is sufficiently staffed and resourced to carry out its duties effectively and efficiently.
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“(d) Functions—The functions of the Ombudsman shall be as follows:
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“(1) To establish an independent, neutral, and appropriately confidential process to receive, investigate, resolve, and provide redress, including immigration relief, monetary damages, or any other action determined appropriate, for complaints, grievances, or requests for assistance from individuals, associations, and employers regarding the border security and immigration activities of the Department.
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“(2) To conduct inspections of the facilities, including privately-owned or operated contract facilities, of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services.
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“(3) To assist individuals and families who have been victims of crimes committed by aliens unlawfully present in the United States or of violence near the United States border, and individuals and families impacted by situations in which the Department has exercised force against an individual, including by use of a firearm, taser, explosive device, chemical agent, baton, projectile, blunt instrument, body part, canine, or vehicle.
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“(4) To identify areas in which individuals, associations, and employers have identified concerns with respect to interacting with U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or United States Citizenship and Immigration Services.
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“(5) To propose changes in the administrative practices of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services to mitigate problems identified under this section.
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“(6) To review, examine, and make recommendations regarding the border security and immigration and enforcement activities of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services.
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“(7) To establish a uniform and standardized complaint process regarding complaints against any individual employed by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement for violations of standards of professional conduct. Such complaint process shall have the following components:
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“(A) Require that all complaints receive an independent review and investigation completed not later than one year from the date of receipt of each such complaint.
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“(B) Require that complainants receive written confirmation of receipt of their complaints not later than 60 days from the date of receipt of each such complaint, and a written summary regarding the outcome of such complaints not later than 30 days after the review and investigation under subparagraph (A) is complete, including findings of fact, recommended action, and available redress.
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“(C) Feature a centralized multilingual online complaint form that includes street address, toll-free telephone number, and electronic mailbox address to permit an individual to file an immigration or border-related complaint and submit supporting evidence through the portal of choice of any such individual. Multilingual information relating to such form shall be visible at ports of entry and at U.S. Border Patrol interior checkpoints.
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“(D) Include procedures for referring complaints to the Office for Civil Rights and Civil Liberties, Office of the Inspector General, or other appropriate agency of the Department.
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“(E) Establish a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution.
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“(F) Provide publicly accessible records, with copies of complaints, and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities.
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“(8) To establish an online detainee locator system for individuals held in U.S. Customs and Border Protection custody.
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“(e) Other responsibilities—In addition to the functions specified in subsection (d), the Ombudsman shall—
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“(1) monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing local ombudsmen for border and immigration related concerns;
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“(2) evaluate and take personnel actions (including dismissal) with respect to any employee of the Ombudsman;
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“(3) recommend disciplinary action, including contract termination, suspension, and debarment, or termination, suspension, and sanctions, to the appropriate departmental entity regarding any contractor proven to have violated departmental policies or procedures while executing any border security or immigration activity;
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“(4) refer to the Inspector General of the Department any complaints of the violation of departmental policies or procedures by any Department employee relating to border security or immigration activity; and
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“(5) provide a complainant with a summary of the outcome of any action taken in response to a complaint, grievance, or request for assistance from such complainant, including any findings of fact, recommended action, and available redress.
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“(f) Complainants—The following shall apply to all complainants:
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“(1) Any interested party, including a legal representative, may file a complaint through the complaint process established pursuant to subsection (d)(7).
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“(2) Complainants and other individuals identified in a complaint shall be protected from retaliatory action by law enforcement or by any officer of the United States based on the content of such complaint, and no information contained in a complaint that is germane to such complaint may be used as evidence in any removal or criminal proceedings against the complainant or any individual identified in such complaint.
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“(3) Neither the filing of a complaint nor the contents of a complaint shall in any way confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint.
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“(4) No personally identifiable information related to an individual involved in a complaint which would result in identification of such individual may be published.
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“(5) Complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions.
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“(g) Request for investigations—The Ombudsman is authorized to request the Inspector General of the Department to conduct inspections, investigations, and audits related to subsections (d), (e), and (f).
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“(h) Coordination with Department components
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“(1) In general—The Director of United States Citizenship and Immigration Services, the Assistant Secretary of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations.
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“(2) Access to information—The Secretary shall establish procedures to provide the Ombudsman access to all departmental records necessary to execute the responsibilities of the Ombudsman under subsection (d) or (e) not later than 60 days after a request from the Ombudsman for such information.
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“(i) Public outreach—The Secretary shall—
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“(1) take all appropriate action to advise the public regarding the existence, duties, responsibilities, and grievance processes of the Ombudsman’s office; and
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“(2) shall promulgate regulations to ensure—
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“(A) the public’s ability to file grievances with the Ombudsman’s office electronically; and
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“(B) that absent written permission of all affected parties, all documents submitted to the Ombudsman’s office are used solely by the Ombudsman’s office to advance the purposes described in this section.
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“(j) Annual reporting—Not later than June 30 of each year beginning in the year after the date of the enactment of this subsection, the Ombudsman shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that includes the following:
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“(1) The number and type of complaints received under this section, the demographics of complainants, the results of investigations, including violations of standards and any disciplinary actions taken, and an identification of any complaint patterns that could be prevented or reduced by policy training or practice changes.
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“(2) An inventory of complaints referred to in paragraph (1) for which action has been taken and the time between receipt and resolution of each such complaint.
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“(3) An inventory of complaints referred to in paragraph (1) for which action has not been taken after one year, the period during which each complaint has been open, and the reason for failure to resolve each such complaint.
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“(4) Recommendations the Ombudsman has made to improve the services and responsiveness of United States Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, and any responses received from each such component or the Department regarding such recommendations.
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“(5) Other information as the Ombudsman determines advisable.
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“(k) Establishment of Border Communities Liaison Office
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“(1) In general—The Ombudsman, in conjunction with the Office for Civil Rights and Civil Liberties of the Department, shall establish a Border Community Liaison Office (in this subsection referred to as the “Liaison Office”) in each U.S. Border Patrol sector on the northern and southern borders.
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“(2) Purposes—Each Liaison Office under this subsection shall—
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“(A) foster cooperation between the U.S. Border Patrol, the Office of Field Operations of the Department, U.S. Immigration and Customs Enforcement, and border communities;
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“(B) consult with border communities on the development of policies, directives, and programs of the U.S. Border Patrol, the Office of Field Operations, and U.S. Immigration and Customs Enforcement; and
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“(C) receive feedback from border communities on the performance of the U.S. Border Patrol, the Office of Field Operations, and U.S. Immigration and Customs Enforcement.
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“(3) Membership—Each Liaison Office shall be comprised of equal representation from the border community and U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, including at least:
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“(A) One member of the community in which each U.S. Border Patrol sector is located who has expertise in migration, local public safety, civil and human rights, the local community, or community relations.
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“(B) One member of an Indian tribe (as such term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)) or tribal organization.
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“(C) One non-uniformed Border Patrol agent with significant experience working for the U.S. Border Patrol.
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“(D) One non-uniformed CBP officer with significant experience working for U.S. Customs and Border Protection.
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“(E) One Enforcement and Removal Operations (ERO) agent with significant experience working for U.S. Immigration and Customs Enforcement.
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“(l) 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 subsection, the Secretary shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that assesses current efforts and technologies used at United States borders, and the impact on border communities of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties.
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“(m) GAO report on the extent of CBP activities, operations, and claimed authority—Not later than one year after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that assesses the following issues:
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“(1) How far into the United States interior the current activities, operations (including checkpoints), and claimed authority of U.S. Customs and Border Protection extend.
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“(2) The extent to which the area of activities, operations, and claimed authority referred to in paragraph (1) is necessary.
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“(3) The effectiveness of U.S. Customs and Border Protection’s interior enforcement and its impact on civil, constitutional, and private property rights.”
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Clerical amendment— The table of contents of the Homeland Security Act of 2002 is amended by amending the item relating to section 452 to read as follows:
Sec. 4 Training and continuing education
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Mandatory training and continuing education To promote CBP agent and officer safety and professionalism— The Secretary of Homeland Security shall establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection receives a minimum of 19 weeks of training that are directly related to the mission of the U.S. Border Patrol and the Office of Field Operations of the Department of Homeland Security before the initial assignment of such agents and officers, and eight hours of training and continuing education annually thereafter. Such training and continuing education shall be conducted by attorneys who have experience with the Fourth Amendment to the Constitution, including appropriate application of the use of force by agents and officers of U.S. Customs and Border Protection. Such attorneys shall be members of the Department of Homeland Security’s Office of General Counsel, and all instruction provided shall be in alignment with curriculum developed and endorsed by FLETC.
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FLETC— The Secretary of Homeland Security shall establish policies and guidelines governing training with FLETC and continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement regarding border awareness, accountability, and oversight. Such training with FLETC shall include individual courses for each of the following issues:
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Community relations, including the following:
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Best practices in community policing.
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Policies limiting location of enforcement and cooperation with local law enforcement.
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Best practices in responding to grievances and how to refer complaints to the Ombudsman for Border and Immigration Related Concerns in accordance with section 452 of the Homeland Security Act of 2002, as amended by section 3 of this Act.
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Interdiction, including the following:
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Instruction on formal and proper command language.
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Situational awareness of what language is appropriate.
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Legal application of use of force policies and guidelines.
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Policies and training scenarios necessary to ensure the agent or officer and the community is safe when intervening in situations in urban areas, including—
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scenario-based training and guidelines; and
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non-lethal force training and certification on at least one non-lethal force instrument, including tasers.
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Policies necessary to ensure the agent or officer and the community is safe when intervening in situations in rural and remote locations.
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Vulnerable populations, including instruction on screening, identifying, and responding to vulnerable populations, such as children, victims of human trafficking, and the acutely ill.
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Cultural and societal issues, including the following:
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Understanding of the diversity of immigrant communities.
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Language and basic cultural awareness of major migrant-sending countries.
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Natural resource protection and environmental policies along the border.
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Privacy considerations regarding border-related technologies.
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History and ethics of asylum law.
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Standards of professional conduct, including the following:
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Lawful use of force.
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Complying with chain of command and lawful orders.
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Conduct and ethical behavior toward the public in a civil and professional manner.
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Respect for civil rights and protection of the well-being of individuals.
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Non-racially biased questioning.
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De-escalation tactics and alternatives to use of force.
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Supervisor training— In addition to the training and continuing education required under subsections (a) and (b), the Secretary of Homeland Security shall establish policies and guidelines governing the continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who attain a supervisory or management position. Such training and continuing education shall include the following:
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Instruction relating to management and leadership best practices.
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Refresher instruction or in-service training relating to legal application of use of force policies and guidelines, intervention, community relations, and professional conduct.
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Mitigation training to identify, diagnose, and address issues within such supervisory and management roles.
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Review process— The Secretary of Homeland Security shall establish a review process to ensure that port supervisors and managers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are evaluated annually on their actions and standards of conduct, and on the actions, situational and educational development, and standards of conduct of their staffs.
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Continuing education—
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In general— The Secretary of Homeland Security shall annually require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsections (a) through (c) to participate in continuing education to maintain and update understanding of Federal legal rulings, court decisions, and Department of Homeland Security policies, procedures, and guidelines related to the subject matters described in such subsections.
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Constitutional authority subject matter— Continuing education under this subsection shall include a course on protecting the civil, constitutional, human, and privacy rights of individuals, with special emphasis on the scope of enforcement authority, including chain of evidence practices and document seizure, and use of force policies available to agents and officers.
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Additional subject matters— Continuing education under this subsection shall also include a course on the following:
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Scope of authority to conduct immigration enforcement activities, including interviews, interrogations, stops, searches, arrests, and detentions, in addition to identifying and detecting fraudulent documents.
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Identifying, screening, and responsibility for vulnerable populations, such as children and victims of trafficking.
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Cultural and societal issues, including understanding of the diversity of immigrant communities, language and basic cultural awareness of major migrant-sending countries, and natural resource protection and environmental policies along the border.
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Administration— Courses offered as part of continuing education under this subsection shall—
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be administered in consultation with FLETC by the individual U.S. Border Patrol sectors and the Office of Field Operations of the Department of Homeland Security in order to provide such sectors’ field offices with flexibility to design or tailor such courses to the specific needs and conditions of each such sector and field office; and
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be approved by the Secretary of Homeland Security before being offered to ensure that such courses satisfy the requirements for training under this section.
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Rotation— Courses offered as part of continuing education under this subsection shall include—
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a yearly course focusing on the curriculum described in paragraph (2); and
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an additional course to be rotated on a three-year basis focusing on curriculum described in paragraph (3).
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Assessment— Not later than six years after the date of the enactment of this Act, the Comptroller General of the United States 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 that assesses the training and education, including continuing education, required under this section.
Sec. 5 Management of ports of entry
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In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security 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 that contains an assessment of the current standards and guidelines for managing ports of entry under the control of the Department of Homeland Security. Such assessment shall include information relating to the following:
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Staffing levels and the need for additional staffing.
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Rules governing the actions of Office of Field Operations agents.
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Average delays for transit through air, land, and sea ports of entry.
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An assessment of existing efforts and technologies used for border security, and the effect of the use of such efforts and technologies on facilitating trade at ports of entry and their impact on civil rights, private property rights, privacy rights, and civil liberties.
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The economic impact of the policies and practices of CBP Agricultural Specialists and Office of Field Operations work.
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Physical infrastructure and technological needs at ports of entry.
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A plan for increasing the number of Border Patrol officers certified as EMTs.
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An assessment for implementing body worn cameras for Border Patrol agents, including relating to storage and public availability of associated data.
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Updates— Based upon the information and assessment contained in the report required under subsection (a), the Secretary of Homeland Security shall establish updated guidelines and standards for managing ports of entry under the control of the Department of Homeland Security to address any identified needs or shortcomings at such ports of entry, including, if applicable, the following:
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Increasing levels of staffing of CBP Agricultural Specialists at ports of entry at which delays hinder or negatively impact the local or national economies.
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Increasing the use of or updating technology at ports of entry at which there are average delays of over two hours based on U.S. Customs and Border Protection data collected during the previous fiscal year.
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Publishing rules on the handling of documents at ports of entry.
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Establishing standards of conduct and demeanor when interacting with vulnerable populations, such as children and victims of human trafficking, and individuals with border crossing cards.
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Establishing training courses relating to management and leadership skills for supervisors and managers at ports of entry.
Sec. 6 Reporting requirements
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Annual CBP report on mission and personnel by Border Patrol sector— Not later than one year after the date of the enactment of this Act and annually thereafter, the Commissioner of U.S. 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 that includes the following for each Border Patrol sector:
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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.
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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.
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A description of the border security roles and missions of Federal, State, regional, local, and Tribal authorities, and recommendations regarding actions the Commissioner can carry out to improve coordination with such authorities to enable border security activities to be carried out in a more efficient and effective manner.
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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.
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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.
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Report on migrant deaths—
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CBP and ICE— Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Comptroller General of the United States, 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:
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The number of documented migrant deaths.
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A geographical breakdown of where such migrant deaths occur.
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To the extent possible, the cause of death for each migrant.
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The extent to which border technology, physical barriers, and enforcement programs have contributed to such migrant deaths.
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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.
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GAO— Not later than 90 days after the submission of the report required under paragraph (1), the Comptroller General of the United States shall review such report to determine the following:
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The validity of U.S. Customs and Border Protection’s and U.S. Immigration and Customs Enforcement’s statistical analysis of migrant deaths.
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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.
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The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement measures the effectiveness of its programs to address the frequency of migrant deaths.
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The extent of data and information sharing and cooperation between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, 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.
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GAO report on use of force—
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In general— 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 and U.S. Immigration and Customs Enforcement have clarified use of force policies, including the following (and any recommendations related to the following):
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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 policy conforms to Department of Homeland Security and Federal law enforcement best practices.
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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.
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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.
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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.
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The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have 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.
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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 updates on any pending investigations, and 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 (as the case may be), 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.
removed
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 U.S. Customs and Border Protection and Department of Homeland Security use of force policies and best practices.
removed
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, and 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.
removed
Implementation of GAO findings— 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). 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.
removed
GAO report on body worn cameras— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall assess the potential implementation by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement of body worn cameras for all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, including relating to storage and public availability of associated data.
Sec. 7 Department of Homeland Security accountability and transparency
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Definitions— In this section:
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Border security— The term border security means the prevention of unlawful entries into the United States, including entries by individuals, instruments of terrorism, narcotics, and other contraband.
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Checkpoint— The term checkpoint means a location—
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at which vehicles or individuals traveling through the location are stopped by a law enforcement official for the purposes of enforcement of United States laws and regulations; and
removed
that is not located at a port of entry along an international border of the United States.
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Law enforcement official— The term law enforcement official means—
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an agent or officer of U.S. Customs and Border Protection;
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an agent or officer of U.S. Immigration and Customs Enforcement; or
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an officer or employee of a State, or a political subdivision of a State, who is carrying out the functions of an immigration officer pursuant to—
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an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g));
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authorization under title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
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any other agreement with the Department of Homeland Security, including any Federal grant program.
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Patrol stop— The term patrol stop means search, seizure, or interrogation of a motorist, passenger, or pedestrian initiated anywhere except as part of an inspection at a port of entry or a primary inspection at a checkpoint.
removed
Primary inspection— The term primary inspection means an initial inspection of a vehicle or individual at a checkpoint.
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Secondary inspection— The term secondary inspection means a further inspection of a vehicle or individual that is conducted following a primary inspection.
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Data collection by law enforcement officials enforcing United States laws and regulations and making border security stops—
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Requirement for data collection regarding stops and searches— A law enforcement official who initiates a patrol stop or who detains any individual beyond a brief and limited inquiry, such as a primary inspection at a checkpoint, shall record—
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the date, time, and location of the contact;
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the law enforcement official’s basis for, or circumstances surrounding, the contact, including if such individual’s perceived race or ethnicity contributed to the basis for, and circumstances surrounding, the contact;
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the identifying characteristics of such individual, including the individual’s perceived race, gender, ethnicity, and approximate age;
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the duration of the stop, detention, or search, whether consent was requested and obtained for the contact, including any search;
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a description of any articulable facts and behavior by the individual that justify initiating the contact or probable cause to justify any search pursuant to such contact;
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a description of any items seized during such search, including contraband or money, and a specification of the type of search conducted;
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whether any arrest, detention, warning, or citation resulted from such contact and the basis for such action;
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the immigration status of the individual, if obtained during the ordinary course of the contact without additional questioning in accordance with this section, and whether removal proceedings were subsequently initiated against the individual;
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whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention;
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whether force was used by the law enforcement official and, if so, the type of force, justification for using force, and whether the use of force resulted in injury or death;
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whether any complaint was made by the individual subject to the contact, and if so—
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which oversight components within or outside of the Department of Homeland Security investigated the complaint;
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how long the investigation lasted;
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a description of the methods of investigation used; and
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the badge number of the law enforcement official involved in the complaint;
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if the contact was initiated by a State or local law enforcement agency—
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the reason for involvement of a Federal law enforcement official;
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the duration of the contact prior to contact with any Federal law enforcement official;
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the method by which a Federal law enforcement official was informed of the stop; and
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whether the individual was being held by State or local officials on State criminal charges at the time of such contact;
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if the contact was initiated by a State or local law enforcement agency of a State, whether such agency was acting pursuant to—
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an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g));
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authorization under title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
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pursuant to any other agreement with the Department of Homeland Security, including any Federal grant program;
removed
if the contact involved an individual whose primary language of communication is not English, the means of communication used;
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if the contact occurred at a location proximate to a place of worship or religious ceremony, school or education-related place or event, courthouse or other civic building providing services accessible to the public, hospital, medical treatment, or health care facility, at a public demonstration, or an attorney's office, including a public defender or legal aid office; and
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if the contact occurred at a location described in subparagraph (O), why that location was chosen and any supervisory approval that was sought to carry out the contact at the location.
removed
Requirement for U.S. Customs and Border Protection data collection regarding checkpoints— The Commissioner of U.S. Customs and Border Protection shall collect data on—
removed
the number of permanent and temporary checkpoints utilized by agents and officers of U.S. Customs and Border Protection;
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the location of each such checkpoint;
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the dates on which a temporary checkpoint was used; and
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a description of each such checkpoint, including the presence of any other law enforcement agencies and the use of law enforcement resources, such as canines and surveillance technologies, including license plate readers.
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Rulemaking— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with stakeholders, including research, civil, and human rights organizations, shall promulgate regulations relating to the collection and reporting of data required under paragraphs (1) and (2), which shall—
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specify all data to be reported; and
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provide standards, definitions, and technical specifications to ensure uniform reporting.
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Compilation of data—
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Department of Homeland Security law enforcement officials— The Secretary of Homeland Security shall compile—
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the data collected under paragraph (1) by agents and officers of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection;
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the data collected under paragraph (2) by the Commissioner of U.S. Customs and Border Protection; and
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an analysis for all incidents investigated by the Department of Homeland Security’s Office of Inspector General, U.S. Customs and Border Protection’s Office of Professional Responsibility, or U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility to determine whether the data required to be collected under this Act were properly recorded and, if not, the corrective measures that were or will be taken.
removed
Other law enforcement officials— The head of each agency, department, or other entity that employs law enforcement officials other than agents and officers referred to in subparagraph (A) shall—
removed
compile the data collected by such law enforcement officials pursuant to paragraph (1); and
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submit the compiled data to the Secretary of Homeland Security.
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Use of data— The Secretary of Homeland Security shall consider the data compiled under paragraph (4) in making policy and program decisions.
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Audit and report— Not later than one year after the effective date of the regulations promulgated under paragraph (3), the Comptroller General of the United States shall—
removed
conduct an audit of the data compiled under paragraph (4) to determine whether law enforcement officials are complying with the data collection requirements under paragraph (1); and
removed
submit to Congress a report that contains a summary of the findings of such audit.
removed
Annual report—
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Requirement— Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report on the data compiled under subsection (b)(4), including all such data for the previous year.
removed
Availability— Each report submitted under paragraph (1) shall be made available to the public, except for particular data if the Secretary of Homeland Security—
removed
explicitly invokes an exemption contained in paragraphs (1) through (9) of section 552(b) of title 5, United States Code; and
removed
provides a written explanation for the exemption’s applicability.
removed
Privacy— The Secretary may not report unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section.
removed
Publication— The data compiled under subsection (b)(4) shall be made available to the public to the extent the release of such data is permissible under Federal law.
Sec. 8 Limitation on the separation of families
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removed
In general— An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of a border of the United States, unless one of the following has occurred:
removed
A State court, authorized under State law, terminates the rights of the parent or legal guardian, determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law.
removed
An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from the parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others.
removed
The Chief Patrol Agent or the Area Port Director in their official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer, based on a finding that—
removed
the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking;
removed
there is a strong likelihood that the adult is not the parent or legal guardian of the child; or
removed
the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others,
removed
Prohibition on separation—
removed
In general— A designated agency may not remove a child from a parent or legal guardian solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws.
removed
Penalty for family separation— Any person who knowingly separates a child from his or her parent or legal guardian in violation of this section, shall be fined not more than $10,000.
removed
Documentation required— The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation.
Sec. 9 Electronic tracking
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removed
Establishment— The Secretary of Homeland Security and the Secretary of Health and Human Services shall establish an electronic tracking system on a single interface, which—
removed
shall be accessible to agents and officials of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Office of Refugee Resettlement; and
removed
shall be used to track the location of a child who has been removed pursuant to section 8 and the parent or legal guardian of the child.
removed
Tracking number— The Secretary of Homeland Security shall assign to a child who has been removed pursuant to section 8 and the parent or legal guardian of the child a tracking number that—
removed
is transferrable;
removed
may be shared easily on the electronic tracking system described in subsection (a) by agents and officials of—
removed
U.S. Customs and Border Protection;
removed
U.S. Immigration and Customs Enforcement; and
removed
the Office of Refugee Resettlement; and
removed
is included on the paperwork of the child and the parent or legal guardian of the child.
removed
Contact information— The Secretary of Homeland Security and the Secretary of Health and Human Services shall advise a child who has been removed pursuant to section 8 and the parent or legal guardian of the child on the manner in which the child and the parent or legal guardian may be contacted during the term of the removal.
Sec. 10 Independence of immigration judges
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removed
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report, which shall be published and made available to the public, on the feasibility of establishing an immigration court outside the executive branch composed of judges appointed for a fixed term with jurisdiction over cases arising out of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other immigration law of the United States and the appeal of such cases, the impact that such an immigration court will have on the case backlog of immigration judges, barriers to the creation of such an immigration court, and recommendations for Congress.
Sec. 101 Establishment of commission
addedadded There is established in the legislative branch the National Commission to Investigate the Treatment of Migrant Families and Children By the Trump Administration (in this Act referred to as the “Commission”).
Sec. 102 Purposes
addedadded The purposes of the Commission are to—
added
examine the handling of migrant families and children apprehended along the United States-Mexico border by U.S. Customs and Border Protection since January 2017;
added
ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the handling by the Departments of Homeland Security and Health and Human Services of migrant families and children who were apprehended at the southern border since January 2017;
added
build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of—
added
Department of Homeland Security Office of Inspector General;
added
Department of Health and Human Services Office of Inspector General; and
added
other executive branch, congressional, or independent investigations into the treatment of and detention conditions for migrant families and children apprehended at the southern border by the Department of Homeland Security since January 2017;
added
make a full and complete accounting of the handling of the migrant families and children apprehended at the southern border since January 2017; and
added
investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures.
Sec. 103 Composition of the Commission; qualifications
added
added
Members— The Commission shall be composed of 10 members, of whom—
added
one member shall be appointed by the leader of the Democratic Party (majority or minority leader, as the case may be) in the House of Representatives, with the concurrence of the leader of the Democratic party (majority or minority leader as the case may be) in the Senate, who shall serve as chairman of the Commission;
added
two members shall be appointed by the senior member of the leadership of the Democratic party in Senate;
added
three members shall be appointed by the senior member of the leadership of the Republican party in the Senate;
added
three members shall be appointed by the senior member of the leadership of the Democratic party in the House of Representatives; and
added
one member shall be appointed by the senior member of the leadership of the Republican party in of the House of Representatives.
added
Qualifications— Each individual appointed to the Commission shall have expertise and experience in at least one of the following areas:
added
Immigration law, particularly experience representing asylees.
added
Public health.
added
Child welfare.
added
Civil rights.
added
As a representative of a humanitarian organization that gives assistance to individuals crossing the southern border.
added
As a local official from a border community on the southern border of the United States.
Sec. 104 Functions of commission
addedadded The functions of the Commission are to—
added
investigate the relevant facts and circumstances related to the handling by the Departments of Homeland Security and Health and Human Services of the migrant families and children apprehended at the southern border since January 2017, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure;
added
identify, review, and evaluate the lessons learned from the handling by the Departments of Homeland Security and Health and Human Services of the migrant families and children apprehended at the southern border since January 2017, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to providing timely, effective and humane treatment of migrant families and unaccompanied alien children seeking asylum in the United States; and
added
submit to the President and Congress such reports as are required by this title containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations.
Sec. 105 Powers of commission
added
added
In general—
added
Hearings and evidence— The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title—
added
hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and
added
subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.
added
Subpoenas—
added
Issuance—
added
In general— A subpoena may be issued under this subsection only—
added
by the agreement of the chairman and the vice chairman; or
added
by the affirmative vote of 6 members of the Commission.
added
Signature— Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission.
added
Enforcement—
added
In general— In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.
added
Additional enforcement— In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).
added
Contracting— The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.
added
Information from federal agencies—
added
In general— The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.
added
Receipt, handling, storage, and dissemination— Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.
added
Assistance from federal agencies—
added
General services administration— The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions.
added
Other departments and agencies— In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.
Sec. 106 Public meetings and release of public version of reports
added
added
Public meetings and release of public versions of reports— The Commission shall—
added
hold public hearings and meetings to the extent appropriate; and
added
release public versions of the reports required under section 110(a) and (b).
added
Public hearings— Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.
Sec. 107 Staff of commission
added
added
In general—
added
Appointment and compensation— The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
added
Personnel as federal employees—
added
In general— The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
added
Members of commission— Subparagraph (A) shall not be construed to apply to members of the Commission.
added
Detailees— Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
added
Consultant services— The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Sec. 108 Compensation and travel expenses
addedadded Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.
Sec. 109 Security clearances for commission members and staff
addedadded The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances.
Sec. 110 Reports of commission; termination
added
added
Interim reports— The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.
added
Report— Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members.
added
Termination—
added
In general— The Commission, and all the authorities of this title, shall terminate 60 days after the date on which the final report is submitted under subsection (b).
added
Administrative activities before termination— The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.
Sec. 111 Funding
added
added
In general— There is authorized $3,000,000 for purposes of carrying out the activities of the Commission under this title.
added
Duration of availability— Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.
Sec. 201 Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns
added
added
In general— Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new section:
added “437. Establishment of the Office of Ombudsman for Border and Immigration Related Concerns
added “(a) In general—The Secretary shall appoint an Ombudsman for Border and Immigration Related Concerns (hereinafter referred to as the “Ombudsman”), who shall—
added “(1) be independent of Department agencies and officers;
added “(2) report directly to the Secretary; and
added “(3) have a background in immigration, civil rights, and law enforcement.
added “(b) Functions—The functions of the Ombudsman shall be to—
added “(1) establish an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, including referral for investigation to the Office of the Inspector General, referral to the Office of Civil Rights and Civil Liberties to investigate complaints and information indicating possible abuses of civil rights or civil liberties, referral to U.S. Citizenship and Immigration Services for immigration relief, or any other action determined appropriate, in cases in which Department employees, or subcontracted or cooperating entity personnel, are alleged to have engaged in misconduct or violated the rights of individuals, associations, or employers;
added “(2) establish an accessible and standardized complaint process regarding complaints against any employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any subcontracted or cooperating entity personnel, for violations of law or violations of standards of professional conduct pertaining to interaction with a United States citizen or non-United States citizen in the course of carrying out any duty under law; and
added “(3) identify and thereafter review, examine, and make recommendations to the Secretary or designee to address chronic concerns in border security and enforcement activities of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.
added “(c) Annual report—On an annual basis, starting one year after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report prepared by the Ombudsman that provides information regarding the Office of the Ombudsman’s activities for the prior year, including information relating to the following:
added “(1) The number of complaints received in the period, with information on each complaint including whether it is against any employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any subcontracted or cooperating entity personnel, for violations of law or violations of standards of professional conduct pertaining to interaction with a United States citizen or non-United States citizen in the course of carrying out any duty under law, when and where the incident that gave rise to the complaint occurred, including, where possible, identification of the port of entry, U.S. Border Patrol station, or detention facility where the alleged incident occurred.
added “(2) The number of investigations commenced or carried out in the period, with information on each investigation including whether it involves any employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any subcontracted or cooperating entity personnel, for violations of law or violations of standards of professional conduct pertaining to interaction with a United States citizen or non-United States citizen in the course of carrying out any duty under law.
added “(3) The number of complaints resolved in the period, with information on how each complaint was resolved, including for those complaints that were—
added “(A) referred for investigation to the Office of the Inspector General;
added “(B) referred to the Office of Civil Rights and Civil Liberties;
added “(C) referred to U.S. Citizenship and Immigration Services for immigration relief; and
added “(D) resolved in some other manner.
added “(4) Findings and recommendations for the period that address chronic concerns in border security and enforcement activities of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, including the impact of such activities on border communities and the civil rights, property rights, privacy rights, and civil liberties of residents of such communities.
added “(5) Any actions taken by the Department to implement recommendations that address chronic concerns in border security and enforcement activities.
added “(d) Publication—Not later than 30 days after receiving the annual report required pursuant to subsection (c), the Secretary shall publish the annual report on the website of the Department and in the Federal Register, together with any feedback from the Secretary regarding the report.
added “(e) Confidentiality—In the absence of the written consent of an individual who submits a complaint, the Ombudsman shall keep confidential the identity of and any identifying information relating to that individual.”
added
Clerical amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 435 and 436 and inserting the following new items:
Sec. 202 Establishment of border community stakeholder advisory committee
added
added
In general— Subtitle C of title IV of the Homeland Security Act of 2002, as amended by section 201 of this Act, is further amended by adding at the end the following new section:
added “438. Establishment of border community stakeholder advisory committee
added “(a) Establishment—The Secretary shall establish within the Department a border community stakeholders advisory committee pursuant to section 871 of this Act.
added “(b) Duties
added “(1) In general—The Secretary shall consult with the Advisory Committee, as appropriate, on border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities.
added “(2) Recommendations—The Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs and rulemaking pertaining to border security and immigration enforcement that may impact border communities.
added “(3) Periodic reports—The Advisory Committee shall periodically submit to the Secretary—
added “(A) reports on matters identified by the Secretary; and
added “(B) reports on other matters identified by a majority of the members of the Advisory Committee.
added “(4) Annual report—The Advisory Committee shall submit to the Secretary an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than six months after the date on which the Secretary receives the annual report, the Secretary shall publish a public version describing the Advisory Committee’s activities and such related matters as would be informative to the public, consistent with section 552(b) of title 5, United States Code.
added “(5) Feedback—Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (4), the Secretary shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommendations with which the Secretary concurs, and a justification for why any of the recommendations have been rejected.
added “(6) Congressional notification—Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on such feedback, and provide a briefing upon request.
added “(7) Report to Congress—Prior to briefing the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate under paragraph (6), the Secretary shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4).
added “(c) Membership
added “(1) Appointment
added “(A) In general—Not later than 90 days after the date of enactment of this section, the Secretary shall appoint the members of the Advisory Committee.
added “(B) Composition—The membership of the Advisory Committee shall consist of a border community stakeholder from each of the nine U.S. Border Patrol sectors and three individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly as relates to interests of residents of border communities.
added “(2) Term of office
added “(A) Terms—The term of each member of the Advisory Committee shall be two years. A member of the Advisory Committee may be reappointed.
added “(B) Removal—The Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time.
added “(3) Prohibition on compensation—The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee.
added “(4) Meetings
added “(A) In general—The Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.
added “(B) Public meetings—At least one of the meetings described in subparagraph (A) shall be within a Border Patrol sector and open to the public.
added “(C) Attendance—The Advisory Committee shall maintain a record of the persons present at each meeting.
added “(5) Member access to sensitive security information—Not later than 60 days after the date of a member’s appointment, the Secretary shall determine if there is cause for the member to be restricted from possessing sensitive security information. Without such cause, and upon the member voluntarily signing a non-disclosure agreement, the member may be granted access to sensitive security information that is relevant to the member’s advisory duties. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
added “(6) Chairperson—A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee.
added “(d) Nonapplicability of FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees.
added “(e) Definitions—In this section:
added “(1) Advisory committee—The term “Advisory Committee” means the border community stakeholder advisory committee established under subsection (a).
added “(2) Border community stakeholder—The term “border community stakeholder” means individuals who have ownership interests or reside in the land borders of the United States and who have not publicly taken positions on the Trump Administration’s border security and immigration enforcement actions, including—
added “(A) a landowner within 10 miles of a land border of the United States;
added “(B) a business leader in a company operating within 10 miles of a land border of the United States;
added “(C) a local official from a community on a land border of the United States; and
added “(D) a representative of Indian tribes on a land border of the United States.”
added
Clerical amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 201 of this Act, is further amended by inserting after the item relating to section 437 the following new item:
Sec. 203 Training and continuing education
added
added
Mandatory training and continuing education to promote CBP agent and officer safety and professionalism— The Secretary of Homeland Security shall establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement receives a minimum of 20 weeks of training upon onboarding that is directly related to the mission and 40 hours of training and continuing education annually thereafter, to include personnel in a supervisory or management position. Such training shall include training provided by attorneys outside of the Department of Homeland Security.
added
Curriculum— The Secretary of Homeland Security shall establish policies and guidelines governing training and continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement regarding accountability, standards for professional and ethical conduct, and oversight. Such training shall address the following:
added
Community relations, including the following:
added
Best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations such as places of worship or religious ceremony, school or education-related place or event, courthouse or other civic building providing services accessible to the public, hospital, medical treatment, or health care facility, a public demonstration, or an attorney’s office, including a public defender or legal aid office.
added
Policies limiting location of enforcement and cooperation with local law enforcement.
added
Best practices in responding to grievances and how to refer complaints to the Ombudsman for Border and Immigration Related Concerns in accordance with section 437 of the Homeland Security Act of 2002, as added by section 201 of this Act.
added
Interaction with vulnerable populations, including instruction on screening, identifying, and responding to vulnerable populations, such as children, victims of human trafficking, and the acutely ill.
added
Standards of professional and ethical conduct, including the following:
added
Lawful use of force, de-escalation tactics, and alternatives to the use of force.
added
Complying with chain of command and lawful orders.
added
Conduct and ethical behavior toward the public in a civil and professional manner.
added
Civil rights and legal protections.
added
Non-racially biased questioning.
added
De-escalation tactics and alternatives to use of force.
added
Permissible and impermissible social media activity.
added
Performance review process— The Secretary of Homeland Security shall establish a review process to ensure that port supervisors and managers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are evaluated annually on their actions and standards of conduct, and on the actions, situational and educational development, and standards of conduct of their staffs.
added
Continuing education—
added
In general— The Secretary of Homeland Security shall annually require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsections (a) through (c) to participate in continuing education to maintain and update understanding of Federal legal rulings, court decisions, and Department of Homeland Security policies, procedures, and guidelines related to the subject matters described in such subsections.
added
Constitutional authority subject matter— Continuing education under this subsection shall include a course on protecting the civil, constitutional, human, and privacy rights of individuals, with special emphasis on the scope of enforcement authority, including chain of evidence practices and document seizure, and use of force policies available to agents and officers.
added
Additional subject matters— Continuing education under this subsection shall also include a course on the following:
added
Scope of authority to conduct immigration enforcement activities, including interviews, interrogations, stops, searches, arrests, and detentions, in addition to identifying and detecting fraudulent documents.
added
Identifying, screening, and responsibility for vulnerable populations, such as children and victims of trafficking.
added
Permissible and impermissible social media activity.
added
Administration— Courses offered as part of continuing education under this subsection shall be administered by the Federal Law Enforcement Training Centers.
added
Training assessment— Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States 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 that assesses the training and education, including continuing education, required under this section as well as its implementation.
Sec. 204 Body-worn cameras
added
added
Requirement— Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, shall submit to the Committees on Homeland Security and Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Judiciary of the Senate a plan for requiring not later than one year after such date of enactment the use of body-worn cameras by U.S. Border Patrol agents and U.S. Immigration and Customs Enforcement officers whenever engaged in border security or immigration enforcement activities.
added
Elements— The plan shall include the following:
added
Benchmarks for implementation within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.
added
Policies, procedures, and training modules for the use of body-worn cameras by agents and officers, including training modules relating to the appropriate use of such cameras and adverse action for non-compliance.
added
Mechanisms for enforcement of body-worn camera policies and procedures by agents and officers within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.
Sec. 205 Limitation on the separation of families
added
added
In general— Notwithstanding any other provision of law, a child may not be removed from a parent, legal guardian, or family member of such child, at or near the port of entry or within 100 miles of a border of the United States, unless one of the following has occurred:
added
A State court, authorized under State law, terminates the rights of the parent or legal guardian, determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law.
added
An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from the parent, legal guardian, or family member because the child is in danger of abuse or neglect at the hands of the parent, legal guardian, or family member or is a danger to herself or others.
added
Prohibition on separation—
added
In general— A designated agency may not remove a child from a parent, legal guardian, or family member solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws.
added
Penalty for family separation— Any person who knowingly separates a child from his or her parent, legal guardian, or family member in violation of this section, shall be fined not more than $10,000.
added
Family member defined— For purposes of this section, the term “family member” means an individual who is any of the following:
added
A parent or legal guardian.
added
A spouse.
added
A child.
added
A step-family member.
added
An immediate family member, to include adult siblings.
added
An extended family member, to include aunts, uncles, adult cousins, and grandparents.
Sec. 206 Prohibition on exceeding 72 hours in short-term detention
addedadded Notwithstanding any other provision of law, the Secretary of Homeland Security shall ensure that each individual apprehended by U.S. Customs and Border Protection is released, paroled, or transferred to an appropriate long-term facility operated by a non-profit organization, U.S. Immigration and Customs Enforcement, or the Department of Health and Human Services not later than 72 hours after such apprehension absent an exigent circumstance that is beyond the Secretary’s control, such as a natural disaster. The Secretary shall inform the Committees on Homeland Security and the Judiciary of the House of Representatives and Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate within three days of the Secretary determining such an exigent circumstance exists, and provide information on when the impacted individuals will be so released, paroled, or transferred.
Sec. 207 Electronic tracking
added
added
Establishment— The Secretary of Homeland Security and the Secretary of Health and Human Services shall establish an electronic tracking system on a single interface, which shall be—
added
accessible to agents and officials of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Office of Refugee Resettlement; and
added
used to track the location of a child who has been separated under section 205 and the parent or legal guardian of the child.
added
Tracking number— The Secretary of Homeland Security shall assign to a child who has been separated under section 205 and the parent or legal guardian of the child a tracking number that—
added
is transferrable;
added
may be shared easily on the electronic tracking system described in subsection (a) by agents and officials of—
added
U.S. Customs and Border Protection;
added
U.S. Immigration and Customs Enforcement; and
added
the Office of Refugee Resettlement; and
added
is included on the paperwork of the child and the parent or legal guardian of the child.
added
Contact information— The Secretary of Homeland Security and the Secretary of Health and Human Services shall advise a child who has been separated under section 205 and the parent or legal guardian of the child on the manner in which the child and the parent or legal guardian may be contacted during the term of the separation .
Sec. 208 Preventing implementation of anti-asylum access interim final rule; Termination of remain in Mexico protocol and metering policy
added
added
Prevention of implementation of anti-asylum access rule— Notwithstanding any other provision of law, the joint interim final rule published in the Federal Register on July 16, 2019, by the Secretary of Homeland Security and Attorney General that would restrict eligibility for aliens seeking asylum in the United States may not be implemented, enforced, or otherwise carried out by the Secretary or the Attorney General.
added
MPP and metering termination— Not later than 30 days after enactment of this Act, the following shall terminate:
added
The Migrant Protection Protocols that were announced by the Secretary of Homeland Security on December 20, 2018, any subsequent revisions to such protocols, or any successor protocols in which certain individuals seeking asylum in the United States are required to wait outside of the United States for the duration of their immigration proceedings.
added
The U.S. Customs and Border Protection metering policy to regulate the flow of asylum seekers at ports of entry by denying asylum seekers access to ports of entry or any successor policy that impedes access to ports of entry.
added
Additional capacity at ports of entry— For the purposes of increasing processing capacity at ports of entry, the Commissioner of U.S. Customs and Border Protection shall every fiscal year hire, train, and assign not fewer than 600 new officers above the level as of September 30 of the immediately preceding fiscal year until the total number of such officers equals the requirements identified each year in the Workload Staffing Model developed by the Commissioner.
added
Prohibition on certain interviews— No personnel employed by U.S. Customs and Border Protection may carry out credible fear interviews pursuant to the Immigration and Nationality Act.
added
Office of professional responsibility— The Commissioner of U.S. Customs and Border Protection shall every fiscal year hire, train, and assign 30 new full-time investigators within the Office of Professional Responsibility of U.S. Customs and Border Protection until the total number of investigators enables the Office to fulfill its mission proportionate to the number of new personnel hired in accordance with subsection (c).
added
Traffic forecasts— In calculating the number of Office of Field Operations officers needed at each port of entry through the Workload Staffing Model, the Office of Field Operations shall—
added
rely on data collected regarding the inspections and other activities conducted at each such port of entry; and
added
consider volume associated with the increase in the volume of individuals from El Salvador, Guatemala, and Honduras seeking asylum in the United States and seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information.
added
Amendment— Subparagraph (A) of section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended—
added
by striking “model” and inserting “models”; and
added
by inserting before the period at the end the following: “, and information concerning the progress made toward meeting officer hiring targets, while accounting for attrition”.
Sec. 209 Surge support for care of families and unaccompanied children
added
added
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall enter into memoranda of understanding with appropriate Federal agencies and applicable emergency government relief services, and contracts with State-licensed, vetted, and qualified contractors with health care, public health, social work, and transportation professionals, for purposes of providing care for individuals, including unaccompanied alien children, apprehended at the southern border during the period of increased volume since January 2017.
added
Strategic deployment— The Secretary of Homeland Security shall ensure that the memoranda of understanding and contracts entered into pursuant to subsection (a) ensure core capacity within the Department of Homeland Security to provide adequate care to individuals in short-term detention that includes physicians specializing in pediatrics, family medicine, emergency medicine, obstetrics and gynecology, geriatric medicine, internal medicine, and infectious diseases, nurse practitioners, other nurses, physician assistants, licensed social workers, mental health professionals, public health professionals, and dieticians.
added
Processing coordinator— The Commissioner of U.S. Customs and Border Protection may, on a case-by-case basis, hire and train a processing coordinator to operate within U.S. Border Patrol station to—
added
facilitate the provision of services pursuant to a memorandum of understanding or contract entered into pursuant to subsection (a) within a U.S. Border Patrol station;
added
perform administrative tasks related to the intake and processing of individuals apprehend by U.S. Border Patrol agents, where necessary;
added
transport individuals in U.S. Border Patrol custody, where necessary; and
added
perform custodial watch duties of individuals in such custody who have been admitted to a hospital, except that neither the coordinator nor a U.S. Border Patrol agent may be physically present in a hospital room of such an individual.
added
Monthly reports— Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security 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 monthly report on the memoranda of understanding and contracts entered into pursuant to subsection (a) as of such date, together with the following:
added
Information on the deployment of physicians specializing in pediatrics, family medicine, emergency medicine, obstetrics and gynecology, geriatric medicine, internal medicine, and infectious diseases;, nurse practitioners, other nurses, physician assistants, licensed social workers, mental health professionals, public health professionals, and dieticians within each U.S. Border Patrol sector.
added
For each U.S. Border Patrol sector, the degree to which responsibilities have been transferred from Department of Homeland Security personnel, particularly law enforcement personnel, for the provision of care of migrant families and unaccompanied alien children apprehended at the southern border of the United States to personnel under a memorandum of understanding or contract.
Sec. 210 Port of entry temporary duty assignments
added
added
Quarterly report— Not later than 60 days after the date of the enactment of this Act and quarterly thereafter, the Commissioner of U.S. Customs and Border Protection shall submit to the appropriate congressional committees a report that includes, for each such reporting period, the following:
added
The number of temporary duty assignments of U.S. Customs and Border Protection officers and support personnel from a port of entry to a temporary duty assignment in response to the Northern Triangle Migrant Surge.
added
The ports of entry from which such employees were reassigned.
added
The ports of entry to which such employees were reassigned.
added
The ports of entry at which reimbursable service agreements have been entered into that may be affected by such temporary duty assignments.
added
The duration of each temporary duty assignment.
added
The specific duties personnel will be undertaking during each temporary duty assignment.
added
The cost of each temporary duty assignment.
added
Notice— Not later than 10 days before redeploying employees from one port of entry to another in response to the Northern Triangle Migrant Surge, absent emergency circumstances—
added
the Commissioner of U.S. Customs and Border Protection shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and
added
the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments.
added
Workforce briefing— The Commissioner of U.S. Customs and Border Protection shall brief all affected U.S. Customs and Border Protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry.
Sec. 211 Prohibition on physical restraints for women who are pregnant or post-delivery
added
added
In general— Except as provided in subsection (b), no officer or agent of the U.S. Customs and Border Protection or Immigration and Customs Enforcement may place physical restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation.
added
Exception— Subsection (a) shall not apply with respect to a pregnant woman if—
added
a supervisory official of the Department of Homeland Security makes an individualized determination that the woman—
added
is a serious flight risk, and such risk cannot be prevented by other means; or
added
poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or
added
a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman.
added
Limitations— If a pregnant woman is restrained pursuant to subsection (b), only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the woman, may be used. In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy. A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side.
added
Recordkeeping— If a pregnant woman is restrained pursuant to subsection (b), the supervisory official of the Department of Homeland Security shall document the basis for an individualized determination that restraints should be used in the Departmental records maintained on that woman.
Sec. 301 GAO report on the extent of CBP activities, operations, and claimed authority
addedadded Not later than one year after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that assesses the following issues:
added
How far into the United States interior the current activities, operations (including checkpoints), and claimed authority of U.S. Customs and Border Protection extend.
added
The extent to which the area of activities, operations, and claimed authority referred to in paragraph (1) is necessary.
added
The effectiveness of U.S. Customs and Border Protection’s interior enforcement and its impact on civil, constitutional, and private property rights.
Sec. 302 Migrant deaths reporting
added
added
Immediate reports— Not later than 24 hours after a migrant death, the Secretary of Homeland Security shall report such death to the Committees on Homeland Security and Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Judiciary of the Senate.
added
Annual report on migrant deaths— 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 to the Comptroller General of the United States, the Committees on Homeland Security and Judiciary of the House of Representatives, and the Committees on Homeland Security and Governmental Affairs and Judiciary of the Senate a report on migrant deaths that occurred in the preceding year along the United States-Mexico border, including information on the following:
added
The total number of documented migrant deaths within the preceding year of the report.
added
A geographical breakdown of where such migrant deaths occur.
added
To the extent possible, the cause of death for each migrant.
added
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.
added
Criteria and methodology for collecting such data within each sector.
added
GAO report on migrant deaths— Not later than one year after the submission of the first report required under subsection (a), the Comptroller General of the United States shall publish a review on the extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have—
added
adopted measures, such as programs or plans, to reduce migrants deaths;
added
the effectiveness of its efforts to reduce migrant deaths; and
added
collected data and information sharing as well as cooperation between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, 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.
Sec. 303 Review of the use of force
addedadded 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 and U.S. Immigration and Customs Enforcement have trained their workforces regarding use of force policies, including the following (and any recommendations related to the following):
added
Implementation of new training 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.
added
Identified additional or alternative weapons and equipment to improve agents’ and officers’ abilities to de-escalate confrontations, including protective gear.
added
Established metrics to track the effectiveness of use of force training and to ensure the reporting of all incidents of use of force to determine whether such force was justified.
Sec. 304 Accountability and transparency within the border zone
added
added
Definitions— In this section:
added
Border security— The term “border security” means the prevention of unlawful entries into the United States, including entries by individuals, instruments of terrorism, narcotics, and other contraband.
added
Border zone— The term “border zone” means the 100-mile of land from a United States international land and coastal border into the interior of the United States, as established by Federal regulation in 1953.
added
Checkpoint— The term “checkpoint” means a location—
added
at which vehicles or individuals traveling through the location are stopped by a law enforcement official for the purposes of enforcement of United States laws and regulations; and
added
that is not located at a port of entry along an international border of the United States.
added
Law enforcement official— The term “law enforcement official” means—
added
an agent or officer of U.S. Customs and Border Protection;
added
an agent or officer of U.S. Immigration and Customs Enforcement; or
added
an officer or employee of a State, or a political subdivision of a State, who is carrying out the functions of an immigration officer pursuant to—
added
an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g));
added
authorization under title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
added
any other agreement with the Department of Homeland Security, including any Federal grant program.
added
Patrol stop— The term “patrol stop” means search, seizure, or interrogation of a motorist, passenger, or pedestrian initiated anywhere except as part of an inspection at a port of entry or a primary inspection at a checkpoint.
added
Primary inspection— The term “primary inspection” means an initial inspection of a vehicle or individual at a checkpoint.
added
Secondary inspection— The term “secondary inspection” means a further inspection of a vehicle or individual that is conducted following a primary inspection.
added
Data collection by law enforcement officials for border security and immigration enforcement activities within the border zone—
added
Data collection regarding stops and searches and activity at interior checkpoints— A law enforcement official who initiates a patrol stop or who detains any individual beyond a brief and limited inquiry, such as a primary inspection at a checkpoint, shall record the following:
added
The date, time, and location of the contact.
added
The law enforcement official’s basis for, or circumstances surrounding, the contact, including if such individual’s perceived race or ethnicity contributed to the basis for, and circumstances surrounding, the contact.
added
The identifying characteristics of such individual, including the individual’s perceived race, gender, ethnicity, and approximate age.
added
The duration of the stop, detention, or search, whether consent was requested and obtained for the contact, including any search.
added
A description of any articulable facts and behavior by the individual that justify initiating the contact or probable cause to justify any search pursuant to such contact.
added
A description of any items seized during such search, including contraband or money, and a specification of the type of search conducted.
added
Whether any arrest, detention, warning, or citation resulted from such contact and the basis for such action.
added
The immigration status of the individual, if obtained during the ordinary course of the contact without additional questioning in accordance with this section, and whether removal proceedings were subsequently initiated against the individual.
added
If the contact involved an individual whose primary language of communication is not English, the means of communication used.
added
If the contact occurred at a location proximate to a place of worship or religious ceremony, school or education-related place or event, courthouse or other civic building providing services accessible to the public, hospital, medical treatment, or health care facility, at a public demonstration, or an attorney’s office, including a public defender or legal aid office.
added
If the contact occurred at a location described in subparagraph (J), why that location was chosen and any supervisory approval that was sought to carry out the contact at the location.
added
GAO audit— Not later than one year after the enactment of this Act, the Comptroller General of the United States shall conduct an audit of the data compiled under paragraph (1) to determine whether law enforcement officials are complying with data collection requirements and submit to Congress a report that contains a summary of the findings of such audit.
added
Open GAO recommendations— Not later than 180 days after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security and the Committee on Homeland Security and Governmental Affairs of the Senate a plan to address any open recommendations made by the Comptroller General on checkpoint performance and the impact of checkpoint operations on nearby communities. Within 180 days after the submission of the report to the Committees, the Comptroller General shall issue a report to the committees evaluating the Commissioner’s plan to address the open recommendations.
added
Annual report—
added
Requirement— Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report on the data compiled under subsection (b)(1), including all such data for the previous year.
added
Availability— Each report submitted under paragraph (1) shall be made available to the public, except for particular data if the Secretary of Homeland Security—
added
explicitly invokes an exemption contained in paragraphs (1) through (9) of section 552(b) of title 5, United States Code; and
added
provides a written explanation for the exemption’s applicability.
added
Privacy— The Secretary of Homeland Security may not report unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section.
added
Publication— The data compiled under subsection (b) shall be made available to the public to the extent the release of such data is permissible under Federal law.
Sec. 305 Audit and inspections of detention facilities
added
added
OIG and GAO— The Inspector General of the Department of Homeland Security and the Comptroller General shall carry out regular audits and inspections, including unannounced audits and inspections, of processes (including recordkeeping) utilized by U.S. Customs and Border Protection to conduct intake and process individuals apprehended by U.S. Customs and Border Protection, as well as any facility operated by or for the Department of Homeland Security used to detain or otherwise house individuals in custody of the Department of Homeland Security. The Inspector General and Comptroller General shall, to the extent possible, share information and coordinate to ensure that Congress is provided timely audit and inspection information.
added
Congressional access—
added
In general— The Commissioner of U.S. Customs and Border Protection may not—
added
prevent a Member of Congress or an employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section from entering, for the purpose of conducting oversight, any such facility: and
added
make any temporary modification at any such facility that in any way alters what is observed by a visiting member of Congress or such designated employee, compared to what would be observed in the absence of such modification.
added
Rule of construction— Nothing in this subsection may be construed to require a Member of Congress to provide prior notice of the intent to enter such facility for the purpose of conducting oversight.
added
Requirement— With respect to individuals described in paragraph (1), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility.
added
Photographs— The Inspector General of the Department of Homeland Security, Comptroller General, a Member of Congress, or an employee of the United States House of Representatives or United States Senate shall be authorized to take photographs or video or audio recordings of conditions in a facility but may not publish photographs or video or audio recordings with personally identifiable information without permission.