Section 1 Short title
This Act may be cited as the “Homeland Security Improvement Act”.
Homeland Security Improvement Act
A BILL
To increase transparency, accountability, and community engagement within the Department of Homeland Security, to provide independent oversight of border security activities, to improve training for agents and officers of U.S. Customs and Border Protection, and for other purposes.
Sec. 2 Stakeholder and community engagement
Department of Homeland Security Border Oversight Commission—
Establishment— There is established an independent commission, which shall be known as the “Department of Homeland Security Border Oversight Commission” (referred to in this Act as the “Commission”).
Organization—
Leadership— The Commission shall be led by a Chair and a Vice Chair.
Membership—
In general— The Commission shall be composed of 30 members, who shall—
be appointed by the Speaker and the minority leader of the House of Representatives and the majority leader and minority leader of the Senate, in consultation with the President; and
have expertise in the areas of migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience.
Regional representation— Of the 30 members appointed pursuant to clause (i)(I)—
13 members shall be from States bordering Canada and shall comprise the northern border subcommittee; and
17 members shall be from States bordering Mexico and shall comprise the southern border subcommittee.
Northern border subcommittee— Of the 13 members of the northern border subcommittee—
2 shall be elected local government officials;
2 shall be local law enforcement officials;
2 shall be civil rights advocates;
1 shall represent the business community;
1 shall represent institutions of higher education;
1 shall represent a faith community;
2 shall be U.S. Border Patrol officers or agents, including at least 1 member of the National Border Patrol Council; and
2 shall be tribal officials.
Southern border subcommittee— Of the 17 members of the southern border subcommittee—
3 shall be elected local government officials;
3 shall be local law enforcement officials;
3 shall be civil rights advocates;
2 shall represent the business community;
1 shall represent institutions of higher education;
1 shall represent a faith community;
2 shall be U.S. Border Patrol officers or agents, including at least 1 member of the National Border Patrol Council; and
2 shall be tribal officials.
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.
Terms of service— The Chair and the Vice Chair of the Commission shall serve 4-year terms in such positions. Members of the Commission shall also serve 4-year terms.
Appointment deadline— Congress shall make the initial appointments to the Commission not later than 180 days after the date of the enactment of this Act.
Meetings—
Commission— The Commission shall meet at least semiannually and may convene additional meetings, as necessary, at the call of the Chair and the Vice Chair.
Subcommittees— The northern border subcommittee and the southern border subcommittee shall each meet at least quarterly, and may convene additional meetings, as necessary.
Duties— The Commission, the northern border subcommittee, and the southern border subcommittee shall—
develop recommendations for improvements regarding border enforcement policies, strategies, and programs that take into consideration the impact of such policies, strategies, and programs on border communities;
evaluate policies, strategies, and programs of Federal agencies operating along the northern and southern United States borders—
to protect—
due process;
the civil and human rights of border residents and visitors; and
private property rights of land owners;
to reduce the number of migrant deaths; and
to improve the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement;
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 while such agents and officers are in the field; and
evaluate training and establish 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 United States 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; and
promote agent and officer field safety and post-Federal Law Enforcement Training Center (referred to in this Act as “FLETC”) training of border enforcement personnel in accordance with section 6.
Additional responsibilities—
In general— In carrying out the duties set forth in paragraph (4), the Commission shall take into consideration any recommendations and evaluations agreed upon by the northern border subcommittee and the southern border subcommittee.
Subcommittee reports— The northern border subcommittee and the southern border subcommittee shall each—
submit an annual report to the Chair and Vice Chair of the Commission that contains the recommendations and evaluations of the subcommittees developed pursuant to paragraph (4); and
make each such report available to the public.
Prohibition on compensation— Members of the Commission may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Commission or on either of its subcommittees.
Hearings and evidence— The Commission or, on the authority of the Commission, any subcommittee or member of the Commission, 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)(4).
Savings provision— Nothing in this Act may be construed as affecting 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.
Reports—
Annual reports— The Commission shall—
submit an annual report to the Secretary of Homeland Security that contains information regarding the activities, findings, and recommendations of the Commission, including the northern border subcommittee and the southern border subcommittee, during the preceding year; and
make each such report available to the public.
Congressional notification— The Secretary of Homeland Security shall brief the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives regarding each report received from the Commission pursuant to paragraph (1).
Sec. 3 Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns
In general— Subtitle A of title IV of the Homeland Security Act of 2002 (6 U.S.C. 202 et seq.) is amended by adding at the end the following:
“406. Ombudsman for Border and Immigration-Related Concerns
“(a) In general—The Department shall have the position of Ombudsman for Border and Immigration-Related Concerns (referred to in this section as the “Ombudsman”). The Secretary shall appoint an individual as Ombudsman who has a background in immigration or civil liberties law or law enforcement.
“(b) Organizational independence—The Ombudsman shall report directly to the Secretary. 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.
“(c) Staffing—The Secretary shall take appropriate action to ensure the Ombudsman’s office is sufficiently staffed and resourced to carry out its duties effectively and efficiently.
“(d) Functions—The Ombudsman shall—
“(1) 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;
“(2) 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 U.S. Citizenship and Immigration Services;
“(3) assist individuals and families who—
“(A) have been victims of crimes committed by noncitizens present in the United States or of violence near the United States border; or
“(B) have been impacted by situations in which the Department has exercised force against an individual, including by use of a firearm, electronic control weapon, explosive device, chemical agent, baton, projectile, blunt instrument, body part, canine, or vehicle;
“(4) 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 U.S. Citizenship and Immigration Services;
“(5) propose changes in the administrative practices of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services to mitigate problems identified under this section;
“(6) 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 U.S. Citizenship and Immigration Services;
“(7) 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 that—
“(A) requires the completion of an independent review and investigation not later than 1 year after the receipt of any such complaint;
“(B) requires that complainants receive—
“(i) written confirmation that their complaint was received not later than 60 days after such receipt; and
“(ii) a written summary regarding the outcome of such complaint not later than 30 days after the completion of the review and investigation under subparagraph (A), including findings of fact, recommended action, and available redress;
“(C) features—
“(i) 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; and
“(ii) the posting of multilingual information relating to such form at ports of entry and at U.S. Border Patrol interior checkpoints;
“(D) includes procedures for referring complaints to the Office for Civil Rights and Civil Liberties, the Office of the Inspector General, or other appropriate agency of the Department;
“(E) establishes a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution; and
“(F) provides publicly accessible records, with copies of complaints, and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities; and
“(8) establish an online detainee locator system for individuals held in U.S. Customs and Border Protection custody.
“(e) Other responsibilities—In addition to the functions set forth in subsection (d), the Ombudsman shall—
“(1) monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing local ombudsmen for border and immigration related concerns;
“(2) evaluate and take personnel actions (including dismissal), as appropriate, with respect to any employee of the Ombudsman;
“(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;
“(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
“(5) provide each 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.
“(f) Complainants
“(1) Eligibility—Any interested party, including a legal representative, may file a complaint through the complaint process established pursuant to subsection (d)(7).
“(2) Retaliatory action prohibited—Complainants and other individuals identified in a complaint submitted pursuant to this section shall be protected from retaliatory action by law enforcement or by any officer of the United States based on the content of such complaint. 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.
“(3) No effect on removal or criminal proceedings—Neither the filing of a complaint nor the contents of a complaint shall confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint.
“(4) Privacy—No personally identifiable information related to an individual involved in a complaint that could be used to identify such individual may be published.
“(5) Assistance—All 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.
“(g) Request for investigations—The Ombudsman may request the Inspector General of the Department to conduct inspections, investigations, and audits related to compliance with the requirements under subsections (d), (e), and (f).
“(h) Coordination with Department components
“(1) In general—The Director of U.S. 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 not later than 60 days after receiving such recommendations.
“(2) Access to information—The Secretary shall establish procedures to provide the Ombudsman access to all departmental records that are necessary to execute the responsibilities of the Ombudsman set forth in subsection (d) or (e) not later than 60 days after the Ombudsman requests such information.
“(i) Public outreach—The Secretary shall—
“(1) take all appropriate action to advise the public regarding the existence, duties, responsibilities, and grievance processes of the Ombudsman’s office; and
“(2) promulgate regulations to ensure—
“(A) the public’s ability to file grievances with the Ombudsman’s office electronically; and
“(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.
“(j) Annual reporting—Not later than June 30 of each calendar year beginning after the date of the enactment of the Homeland Security Improvement Act, the Ombudsman shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that includes—
“(1) the number and type of complaints received pursuant to this section;
“(2) a summary of the demographics of the complainants who filed such complaints;
“(3) the results of the investigations conducted in response to such complaints, including violations of standards and any disciplinary actions taken;
“(4) the identification of any complaint patterns that could be prevented or reduced by policy training or practice changes;
“(5) an inventory of complaints received pursuant to this section for which action has been taken and the period between the receipt of each such complaint and its resolution;
“(6) an inventory of complaints received pursuant to this section for which action was not taken during the 1-year period immediately following the filing of such complaint, including the period during which each such complaint remained open, and the reason for failing to resolve each such complaint during such 1-year period;
“(7) recommendations that the Ombudsman has made to improve the services and responsiveness of U.S. 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; and
“(8) any other information the Ombudsman considers relevant to such report.
“(k) Establishment of Border Communities Liaison Office
“(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 (referred to in this subsection as the “Liaison Office”) in each U.S. Border Patrol sector on the northern or southern border of the United States.
“(2) Purposes—Each Liaison Office shall—
“(A) foster cooperation between the U.S. Border Patrol, U.S. Customs and Border Protection’s Office of Field Operations, U.S. Immigration and Customs Enforcement, and border communities;
“(B) consult with border communities regarding the development of policies, directives, and programs of the U.S. Border Patrol and the Office of Field Operations and U.S. Immigration and Customs Enforcement; and
“(C) receive feedback from border communities regarding the performance of the U.S. Border Patrol, the Office of Field Operations, and U.S. Immigration and Customs Enforcement.
“(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. Citizenship and Customs Enforcement, including not fewer than—
“(A) 1 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;
“(B) 1 member of an Indian tribe (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or a tribal organization;
“(C) 1 Border Patrol processing coordinator with significant experience working for the U.S. Border Patrol;
“(D) 1 nonuniformed U.S. Customs and Border Patrol officer with significant experience working for U.S. Customs and Border Protection; and
“(E) 1 Enforcement and Removal Operations agent with significant experience working for U.S. Immigration and Customs Enforcement.”
Clerical amendment— The table of contents for the Homeland Security Act of 2002 (Public Law 107–296) is amended by inserting after the item relating to section 405 the following:
Sec. 4 Training and continuing education
Mandatory training and continuing education To promote CBP agent and officer safety and professionalism—
Policies and guidelines— The Secretary of Homeland Security shall establish policies and guidelines to ensure that all U.S. Customs and Border Protection agents and officers receive a minimum of—
19 weeks of training for employees of U.S. Customs and Border Protection’s Office of Field Operations, and 23 weeks of training for employees of the U.S. Border Patrol, that—
is directly related to the mission of the U.S. Border Patrol or the mission of U.S. Customs and Border Protection’s Office of Field Operations before the initial assignment of such agents and officers; and
is in alignment with curriculum developed and endorsed by FLETC; and
8 hours of training and continuing education annually after the completion of the training referred to in subparagraph (A).
Trainers— The training and continuing education required under paragraph (1) shall be conducted by attorneys who—
have experience with the Fourth Amendment to the United States Constitution, including appropriate application of the use of force by agents and officers of U.S. Customs and Border Protection; and
are members of the Department of Homeland Security’s Office of General Counsel.
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 regarding—
community relations, including—
best practices in community policing;
best practices to adhere to policies limiting the location of enforcement and cooperation with local law enforcement; and
best practices in responding to grievances, including how to refer complaints to the Ombudsman for Border and Immigration-Related Concerns in accordance with section 406 of the Homeland Security Act of 2002, as added by section 3;
interdiction, including—
instruction regarding formal and proper command language;
situational awareness of what language is appropriate in a given situation;
policies and guidelines regarding the legal application of use of force;
policies and training scenarios necessary to ensure the safety of the agent or officer and the surrounding community during interventions in urban areas, including—
scenario-based training and guidelines; and
non-lethal force training and certification on at least 1 non-lethal force instrument, including electronic control weapons; and
policies necessary to ensure the safety of the agent or officer and the surrounding community during interventions in rural and remote locations;
vulnerable populations, including instruction on screening, identifying, and responding to vulnerable populations, such as children, victims of human trafficking, victims of trauma, and the acutely ill;
cultural and societal issues, including—
understanding the diversity of immigrant communities;
language and basic cultural awareness of major migrant-sending countries;
natural resource protection and environmental policies along the United States border;
privacy considerations regarding border-related technologies; and
the history and ethics of asylum law; and
standards of professional conduct, including—
the lawful use of force;
complying with chain of command and lawful orders;
conduct and ethical behavior toward the public in a civil and professional manner;
respect for civil rights and the protection of the well-being of individuals;
non-racially biased questioning techniques; and
de-escalation tactics and alternatives to the use of force.
Supervisor training— In addition to the training and continuing education required to be established 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 in supervisory or management positions, including—
instruction relating to management and leadership best practices;
refresher instruction or in-service training relating to legal application of use of force policies and guidelines, intervention, community relations, and professional conduct; and
mitigation training to identify, diagnose, and address issues within such supervisory and management roles.
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 receive annual evaluations regarding—
their actions and standards of conduct; and
the actions, situational and educational development, and standards of conduct of their staffs.
Continuing education—
In general— The Secretary of Homeland Security shall 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 annual continuing education to maintain and update their 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.
Subject matters— Continuing education under this subsection shall include training courses 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;
the scope of authority of agents and officers to conduct immigration enforcement activities, including interviews, interrogations, stops, searches, arrests, and detentions, in addition to identifying and detecting fraudulent documents;
identifying, screening, and responsibility for vulnerable populations, such as children and victims of trafficking; and
cultural and societal issues, including—
the diversity of immigrant communities;
language and basic cultural awareness of major migrant-sending countries; and
natural resource protection and environmental policies along the United States border.
Administration— Courses offered under this subsection—
shall be administered in consultation with FLETC by the individual U.S. Border Patrol sectors and U.S. Customs and Border Protection’s Office of Field Operations 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
shall be approved in advance by the Secretary of Homeland Security to ensure that such courses satisfy the requirements for training under this section.
Rotation— Courses offered as part of continuing education under this subsection shall include—
an annual course focusing on the curriculum described in paragraph (2)(A);
a triennial course focusing on curriculum described in paragraph (2)(B);
a triennial course focusing on curriculum described in paragraph (2)(C); and
a triennial course focusing on curriculum described in paragraph (2)(D).
Assessment— Not later than 6 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that assesses the training and education, including continuing education, required under this section.
Sec. 5 Management of ports of entry
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that contains an assessment of the standards and guidelines for managing ports of entry under the control of the Department of Homeland Security, including information regarding—
staffing levels and the need for additional staffing;
the rules governing the actions of officers of U.S. Customs and Border Protection’s Office of Field Operations;
average delays for transit through land ports of entry;
existing efforts and technologies used for border security, including the impact of such efforts and technologies on—
facilitating trade at ports of entry; and
civil rights, private property rights, privacy rights, and civil liberties;
the economic impact of the policies and practices of U.S. Customs and Border Protection agricultural specialists and U.S. Customs and Border Protection’s Office of Field Operations personnel;
physical infrastructure and technological needs at ports of entry;
a plan for increasing the number of U.S. Customs and Border Protection’s Office of Field Operations officers certified as emergency medical technicians and the number of medical professionals assigned to land ports of entry; and
a plan for increasing access to land ports of entry that takes into account asylum seekers, victims of trafficking, unaccompanied children, and other vulnerable populations.
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—
increasing the number of U.S. Customs and Border Protection agricultural specialists at ports of entry at which delays hinder or negatively impact the local or national economies;
updating or increasing the use of technology at ports of entry at which there are average delays exceeding 2 hours based on U.S. Customs and Border Protection data collected during the previous fiscal year;
publishing rules regarding document handling at ports of entry;
establishing standards of conduct and demeanor when interacting with individuals with border crossing cards and vulnerable populations, such as children, victims of human trafficking, victims of trauma, and the acutely ill; and
establishing training courses relating to management and leadership skills for supervisors and managers at ports of entry.
Sec. 6 Border enforcement accountability and transparency
Definitions— In this section:
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.
Checkpoint— The term checkpoint means a location—
at which vehicles or individuals traveling through the location are stopped by a law enforcement official for the purposes of enforcement of United States immigration laws and regulations; and
that is not located at a port of entry along an international border of the United States.
Law enforcement official— The term law enforcement official means—
an agent or officer of U.S. Customs and Border Protection; or
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—
an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g));
authorization under title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
any other agreement with the Department of Homeland Security, including any Federal grant program.
Patrol stop— The term patrol stop means a 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.
Primary inspection— The term primary inspection means an initial inspection of a vehicle or individual at a checkpoint.
Secondary inspection— The term secondary inspection means a further inspection of a vehicle or individual that is conducted following a primary inspection.
Data collection by law enforcement officials enforcing United States laws and regulations and making border security stops—
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—
the date, time, and location of the contact;
the identifying characteristics of such individual, including the individual’s perceived race, gender, ethnicity, and approximate age;
a description of any items seized during such search, including contraband or money, and a specification of the type of search conducted;
whether any arrest, detention, warning, or citation resulted from such contact;
the immigration status of the individual, only if obtained during the ordinary course of the contact without additional questioning in accordance with this section;
if the contact involved an individual whose primary language of communication is not English, the means of communication used;
whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention; and
if the contact was initiated by a State or local law enforcement agency of a State, whether such agency was acting pursuant to—
an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g));
authorization under title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
any other agreement with the Department of Homeland Security, including any Federal grant program.
Requirement for U.S. Customs and Border Protection data collection regarding checkpoints— The Commissioner of U.S. Customs and Border Protection shall collect data regarding—
the number of permanent and temporary checkpoints utilized by agents and officers of U.S. Customs and Border Protection;
the location of each such checkpoint;
the dates on which a temporary checkpoint was used; and
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.
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) that—
specify all data to be reported; and
provide standards, definitions, and technical specifications to ensure uniform reporting.
Compilation of data—
Department of Homeland Security law enforcement officials— The Secretary of Homeland Security shall—
compile the data recorded pursuant to paragraph (1) by agents and officers of U.S. Customs and Border Protection and the data collected pursuant to paragraph (2) by the Commissioner of U.S. Customs and Border Protection; and
determine—
whether any complaint was made by the individual subject to the contact under paragraph (1); and
which oversight component within or outside of the Department of Homeland Security investigated the complaint.
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—
compile the data collected by such law enforcement officials pursuant to paragraph (1); and
submit the compiled data to the Secretary of Homeland Security.
Use of data— The Secretary of Homeland Security shall consider the data compiled pursuant to paragraph (4) in making policy and program decisions.
Audit and report— Not later than 1 year after the effective date of the regulations promulgated pursuant to paragraph (3), the Comptroller General of the United States shall—
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
submit a report to Congress that contains a summary of the findings of such audit.
Annual report—
Requirement— Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress containing the data compiled pursuant to subsection (b)(4), including all such data for the previous year.
Availability— Each report submitted pursuant to paragraph (1) shall be made available to the public, except for particular data if the Secretary of Homeland Security—
explicitly invokes an exemption contained in paragraphs (1) through (9) of section 552(b) of title 5, United States Code; and
provides a written explanation for the applicability of such exemption.
Privacy— The Secretary may not report, for purposes of this section, unique personal identifying information of persons stopped, searched, or subjected to a property seizure.
Publication— The data compiled pursuant to subsection (b)(4) shall be made available to the public to the extent the release of such data is permissible under Federal law.
Sec. 7 Reporting requirements
Annual CBP report on mission and personnel by Border Patrol sector— Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that includes, for each Border Patrol sector—
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;
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;
a description of—
the border security roles and missions of Federal, State, regional, Tribal, and local authorities; and
recommendations regarding actions the Commissioner could carry out to improve coordination with such authorities to enable border security activities to be carried out in a more efficient and effective manner;
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; and
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.
Annual report on migrant deaths—
CBP and ICE— 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 a report to the Comptroller General of the United States, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives regarding deaths occurring along the United States-Mexico border, including—
the number of documented migrant deaths;
a geographical breakdown of where such migrant deaths occurred;
the cause of death for each migrant, to the extent such information is available;
the extent to which border technology, physical barriers, and enforcement programs have contributed to such migrant deaths; and
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.
GAO review— Not later than 90 days after the submission of each report required under paragraph (1), the Comptroller General of the United States shall complete a review of such report to determine—
the validity of U.S. Customs and Border Protection’s and U.S. Immigration and Customs Enforcement’s statistical analyses of migrant deaths;
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;
the extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement measure the effectiveness of its programs to address the frequency of migrant deaths; and
the extent of data and information sharing and cooperation among U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, State and local law enforcement, foreign diplomatic and consular posts, and nongovernmental organizations—
to accurately identify deceased individuals;
to notify family members of such deaths; and
to compare information to missing persons registries.
GAO report on use of force—
In general— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study that examines the extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have clarified use of force policies and submit a report to Congress containing the results of such study, which shall include—
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 policies conform to Department of Homeland Security and Federal law enforcement best practices;
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;
efforts to review and enhance current training and tactics related to use of force, and to implement reforms to ensure that agents and officers are better equipped to assess and respond to threats;
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;
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;
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, 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;
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 the use of force policies and best practices of U.S. Customs and Border Protection; and
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, including 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.
Implementation of GAO findings—
In general— 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).
Notification requirement— If the Secretary of Homeland Security fails to implement such recommendations, the Secretary shall submit written notification to the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives that explains why such recommendations have not been implemented.
CBP report on use of body-Worn cameras—
Defined term— In this subsection, the term data means video and audio footage captured by a body-worn camera during its use.
In general— Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives relating to the use, practices, and procedures of body-worn cameras by U.S. Customs and Border Protection agents and officers, including—
the number of body-worn cameras in active use within U.S. Customs and Border Protection;
the location, broken down by station, in which such body-worn cameras are in use;
the rank and position of the agents and officers of U.S. Customs and Border Protection at each such station who are assigned body-worn cameras;
the standing policies of U.S. Customs and Border Protection regarding—
the storage of body-worn camera data, including additional requirements or decisions that are unique to a particular sector;
the review of data from individual body-worn cameras; and
the request for review of data from individual body-worn cameras by U.S. Customs and Border Protection personnel or civilians;
the latest complaint reports from each sector and location in which body-worn cameras are being used; and
any existing plan to implement, on a permanent basis, the use of body-worn cameras by officers and agents of U.S. Customs and Border Protection.
GAO review— Not later than 90 days after the submission of the report required under paragraph (2), the Comptroller General of the United States shall review such report to determine—
the extent to which U.S. Customs and Border Protection has adopted measures related to body-worn cameras; and
the effectiveness of U.S. Customs and Border Protection use, practices, and procedures of body-worn cameras by agents and officers.
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 Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that assesses—
the efforts and technologies used along 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.
GAO report on the extent of CBP activities, operations, and claimed authority— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the congressional committees referred to in subsection (e) that assesses—
the range of the current activities, operations (including checkpoints), and claimed authority of U.S. Customs and Border Protection;
the extent to which the range of activities, operations, and claimed authority referred to in paragraph (1) is necessary for U.S. Customs and Border Protection’s interior enforcement; and
the impact of U.S. Customs and Border Protection’s interior enforcement and activities described in paragraphs (1) and (2) on civil, constitutional, and private property rights.
GAO report on feasibility of establishment of alternate immigration court system— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress, publish, and make available to the public a report that—
analyzes the feasibility of establishing an immigration court system, outside the executive branch, composed of judges appointed for a fixed term with jurisdiction over cases arising under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other immigration law of the United States;
analyzes the appeal process for such cases;
analyzes the impact that such an immigration court system would have on the number of cases heard by each immigration judge and any backlog of such cases;
analyzes the barriers to the establishment of such an immigration court system; and
provides recommendations relating to the establishment of such an immigration court system.
Sec. 8 Limitation on separation of families
Definitions— In this section:
Child welfare agency— The term child welfare agency means the State, territorial, or Tribal agency responsible for child or family services and welfare.
Immigration laws— The term immigration laws has the meaning given such term in section 101(17) of the Immigration and Nationality Act (8 U.S.C. 1101(17)).
Qualified child welfare expert— The term qualified child welfare expert means a child welfare expert who is—
licensed by the State or county in which the child was removed from the parent or legal guardian of such child; and
independent of U.S. Customs and Border Protection.
Prohibition on separation— An agent or officer of a designated law enforcement agency performing functions under the immigration laws may not remove a child from the parent or legal guardian of such child solely for the policy goal of—
deterring individuals from migrating to the United States; or
promoting compliance with immigration laws.
Exception—
In general— An agent or officer of a designated law enforcement agency performing functions under the immigration laws may remove a child from the parent or legal guardian of such child, at or near a port of entry or within 100 miles of a border of the United States, if—
any State court, authorized under State law—
terminates the rights of the parent or legal guardian;
determines 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; or
any official from a State or county child welfare agency makes a 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 himself or herself or others.
Independent authorization required—
In general— Not later than 48 hours after a child is removed from his or her parent or legal guardian pursuant to paragraph (1), the Secretary of Homeland Security shall seek a determination from a qualified child welfare expert on whether such removal was permissible.
Results of determination— If the qualified child welfare expert does not determine that the removal of the child from the parent or legal guardian was permissible under paragraph (1), the child shall be reunited with his or her parent or legal guardian.
Cause of action— A parent or legal guardian of a child who was removed in violation of this section may bring an action against the Secretary of Homeland Security in a district court of the United States for injunctive relief.
Penalty for family separation— Any person who knowingly removes a child from his or her parent or legal guardian in violation of this section shall be fined not more than $10,000 per occurrence of such removal.
Documentation required— The Secretary of Homeland Security shall ensure that the parent or legal guardian of a child who is removed from his or her parent or legal guardian under this section is provided documentation of such removal, including—
an explanation of why the child was removed from the parent or guardian; and
any evidence the Secretary has relating to removal of the child from his or her parent or legal guardian.
Sec. 9 Rule of construction
Nothing in this Act may be construed to limit the right any parent, legal guardian or child may have under law, including the settlement agreement in Ms. L. v. ICE, 18–cv–00428 (S.D. Cal. Dec. 11, 2023), any tort remedy under chapter 171 of title 28, United States Code (commonly referred to as the “Federal Tort Claims Act”), or any other Act.