[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2203
To increase transparency, accountability, and community engagement
within the Department of Homeland Security, provide independent
oversight of border security activities, improve training for agents
and officers of U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2019
Ms. Escobar (for herself, Mr. Castro of Texas, Mr. Espaillat, and Ms.
Garcia of Texas) introduced the following bill; which was referred to
the Committee on Homeland Security, and in addition to the Committees
on the Judiciary, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To increase transparency, accountability, and community engagement
within the Department of Homeland Security, provide independent
oversight of border security activities, improve training for agents
and officers of U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Improvement Act''.
SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT.
(a) Department of Homeland Security Border Oversight Commission.--
(1) 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'').
(2) Organization.--
(A) Leadership.--The Commission shall be led by a
Chair and Vice Chair.
(B) Membership.--
(i) 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--
(I) 13 members shall be from the
northern border region and shall
include--
(aa) two local government
elected officials;
(bb) two local law
enforcement officials;
(cc) two civil rights
advocates;
(dd) one business
representative;
(ee) one higher education
representative;
(ff) one representative of
a faith community;
(gg) two representatives of
the U.S. Border Patrol; and
(hh) two tribal officials;
and
(II) 17 members shall be from the
southern border region and shall
include--
(aa) three local government
elected officials;
(bb) three local law
enforcement officials;
(cc) three civil rights
advocates;
(dd) two business
representatives;
(ee) one higher education
representative;
(ff) one representative of
a faith community;
(gg) two representatives of
the U.S. Border Patrol; and
(hh) two tribal officials.
(ii) 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.
(iii) 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.
(iv) Appointment deadline.--Members of the
Commission shall be appointed not later than
180 days after the date of the enactment of
this Act.
(3) Meetings.--
(A) Commission.--The Commission shall meet at least
semiannually, and may convene additional meetings as
necessary.
(B) Subcommittees.--The northern border and
southern border subcommittees shall meet at least
quarterly, and may convene additional meetings as
necessary.
(4) Duties.--The Commission, and the northern border and
southern border subcommittees, shall--
(A) develop recommendations for improvements
regarding border enforcement policies, strategies, and
programs that take into consideration their impact on
border communities;
(B) evaluate policies, strategies, and programs of
Federal agencies operating along the northern and
southern borders to--
(i) protect--
(I) due process;
(II) the civil and human rights of
border residents and visitors; and
(III) private property rights of
land owners;
(ii) reduce the number of migrant deaths;
and
(iii) improve the safety of agents and
officers of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement;
(C) 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
(D) 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.
(5) Additional responsibilities.--
(A) 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.
(B) 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).
(6) 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.
(b) 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).
(c) 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.
(d) Reports.--
(1) 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.
(2) 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.
(a) In General.--Section 452 of the Homeland Security Act of 2002
(6 U.S.C. 272) is amended to read as follows:
``SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION RELATED CONCERNS.
``(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.
``(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.
``(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.
``(d) Functions.--The functions of the Ombudsman shall be as
follows:
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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:
``(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.
``(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.
``(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.
``(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.
``(E) Establish a publicly accessible national,
standardized database capable of tracking and analyzing
complaints and their resolution.
``(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.
``(8) To 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
specified 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) 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 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.
``(f) Complainants.--The following shall apply to all complainants:
``(1) Any interested party, including a legal
representative, may file a complaint through the complaint
process established pursuant to subsection (d)(7).
``(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.
``(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.
``(4) No personally identifiable information related to an
individual involved in a complaint which would result in
identification of such individual may be published.
``(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.
``(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).
``(h) Coordination With Department Components.--
``(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.
``(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.
``(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) shall 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 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:
``(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.
``(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.
``(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.
``(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.
``(5) Other information as the Ombudsman determines
advisable.
``(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 (in this
subsection referred to as the `Liaison Office') in each U.S.
Border Patrol sector on the northern and southern borders.
``(2) Purposes.--Each Liaison Office under this subsection
shall--
``(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;
``(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
``(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.
``(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:
``(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.
``(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.
``(C) One non-uniformed Border Patrol agent with
significant experience working for the U.S. Border
Patrol.
``(D) One non-uniformed CBP officer with
significant experience working for U.S. Customs and
Border Protection.
``(E) One Enforcement and Removal Operations (ERO)
agent with significant experience working for U.S.
Immigration and Customs Enforcement.
``(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.
``(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:
``(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.
``(2) The extent to which the area of activities,
operations, and claimed authority referred to in paragraph (1)
is necessary.
``(3) The effectiveness of U.S. Customs and Border
Protection's interior enforcement and its impact on civil,
constitutional, and private property rights.''.
(b) 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. 452. Ombudsman for Border and Immigration Related Concerns.''.
SEC. 4. TRAINING AND CONTINUING EDUCATION.
(a) 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.
(b) 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:
(1) Community relations, including the following:
(A) Best practices in community policing.
(B) Policies limiting location of enforcement and
cooperation with local law enforcement.
(C) 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.
(2) Interdiction, including the following:
(A) Instruction on formal and proper command
language.
(B) Situational awareness of what language is
appropriate.
(C) Legal application of use of force policies and
guidelines.
(D) Policies and training scenarios necessary to
ensure the agent or officer and the community is safe
when intervening in situations in urban areas,
including--
(i) scenario-based training and guidelines;
and
(ii) non-lethal force training and
certification on at least one non-lethal force
instrument, including tasers.
(E) Policies necessary to ensure the agent or
officer and the community is safe when intervening in
situations in rural and remote locations.
(3) Vulnerable populations, including instruction on
screening, identifying, and responding to vulnerable
populations, such as children, victims of human trafficking,
and the acutely ill.
(4) Cultural and societal issues, including the following:
(A) Understanding of the diversity of immigrant
communities.
(B) Language and basic cultural awareness of major
migrant-sending countries.
(C) Natural resource protection and environmental
policies along the border.
(D) Privacy considerations regarding border-related
technologies.
(E) History and ethics of asylum law.
(5) Standards of professional conduct, including the
following:
(A) Lawful use of force.
(B) Complying with chain of command and lawful
orders.
(C) Conduct and ethical behavior toward the public
in a civil and professional manner.
(D) Respect for civil rights and protection of the
well-being of individuals.
(E) Non-racially biased questioning.
(F) De-escalation tactics and alternatives to use
of force.
(c) 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:
(1) Instruction relating to management and leadership best
practices.
(2) Refresher instruction or in-service training relating
to legal application of use of force policies and guidelines,
intervention, community relations, and professional conduct.
(3) Mitigation training to identify, diagnose, and address
issues within such supervisory and management roles.
(d) 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.
(e) Continuing Education.--
(1) 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.
(2) 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.
(3) Additional subject matters.--Continuing education under
this subsection shall also include a course on the following:
(A) Scope of authority to conduct immigration
enforcement activities, including interviews,
interrogations, stops, searches, arrests, and
detentions, in addition to identifying and detecting
fraudulent documents.
(B) Identifying, screening, and responsibility for
vulnerable populations, such as children and victims of
trafficking.
(C) 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.
(4) Administration.--Courses offered as part of continuing
education under this subsection shall--
(A) 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
(B) be approved by the Secretary of Homeland
Security before being offered to ensure that such
courses satisfy the requirements for training under
this section.
(5) Rotation.--Courses offered as part of continuing
education under this subsection shall include--
(A) a yearly course focusing on the curriculum
described in paragraph (2); and
(B) an additional course to be rotated on a three-
year basis focusing on curriculum described in
paragraph (3).
(f) 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.
(a) 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:
(1) Staffing levels and the need for additional staffing.
(2) Rules governing the actions of Office of Field
Operations agents.
(3) Average delays for transit through air, land, and sea
ports of entry.
(4) 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.
(5) The economic impact of the policies and practices of
CBP Agricultural Specialists and Office of Field Operations
work.
(6) Physical infrastructure and technological needs at
ports of entry.
(7) A plan for increasing the number of Border Patrol
officers certified as EMTs.
(8) An assessment for implementing body worn cameras for
Border Patrol agents, including relating to storage and public
availability of associated data.
(b) 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:
(1) Increasing levels of staffing of CBP Agricultural
Specialists at ports of entry at which delays hinder or
negatively impact the local or national economies.
(2) 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.
(3) Publishing rules on the handling of documents at ports
of entry.
(4) 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.
(5) Establishing training courses relating to management
and leadership skills for supervisors and managers at ports of
entry.
SEC. 6. REPORTING REQUIREMENTS.
(a) 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:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(b) Report on Migrant Deaths.--
(1) 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:
(A) The number of documented migrant deaths.
(B) A geographical breakdown of where such migrant
deaths occur.
(C) To the extent possible, the cause of death for
each migrant.
(D) The extent to which border technology, physical
barriers, and enforcement programs have contributed to
such migrant deaths.
(E) 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.
(2) 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:
(A) The validity of U.S. Customs and Border
Protection's and U.S. Immigration and Customs
Enforcement's statistical analysis of migrant deaths.
(B) 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.
(C) 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.
(D) 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.
(c) GAO Report on Use of Force.--
(1) 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):
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(E) 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.
(F) 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.
(G) 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.
(H) 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.
(2) 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.
(d) 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.
(a) Definitions.--In this section:
(1) 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.
(2) Checkpoint.--The term ``checkpoint'' means a location--
(A) 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
(B) that is not located at a port of entry along an
international border of the United States.
(3) Law enforcement official.--The term ``law enforcement
official'' means--
(A) an agent or officer of U.S. Customs and Border
Protection;
(B) an agent or officer of U.S. Immigration and
Customs Enforcement; or
(C) 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--
(i) an agreement entered into under section
287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g));
(ii) authorization under title IV of the
Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
(iii) any other agreement with the
Department of Homeland Security, including any
Federal grant program.
(4) 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.
(5) Primary inspection.--The term ``primary inspection''
means an initial inspection of a vehicle or individual at a
checkpoint.
(6) Secondary inspection.--The term ``secondary
inspection'' means a further inspection of a vehicle or
individual that is conducted following a primary inspection.
(b) Data Collection by Law Enforcement Officials Enforcing United
States Laws and Regulations and Making Border Security Stops.--
(1) 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--
(A) the date, time, and location of the contact;
(B) 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;
(C) the identifying characteristics of such
individual, including the individual's perceived race,
gender, ethnicity, and approximate age;
(D) the duration of the stop, detention, or search,
whether consent was requested and obtained for the
contact, including any search;
(E) 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;
(F) a description of any items seized during such
search, including contraband or money, and a
specification of the type of search conducted;
(G) whether any arrest, detention, warning, or
citation resulted from such contact and the basis for
such action;
(H) 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;
(I) whether a body-worn camera or any other video
or audio recording exists that recorded the stop or
detention;
(J) 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;
(K) whether any complaint was made by the
individual subject to the contact, and if so--
(i) which oversight components within or
outside of the Department of Homeland Security
investigated the complaint;
(ii) how long the investigation lasted;
(iii) a description of the methods of
investigation used; and
(iv) the badge number of the law
enforcement official involved in the complaint;
(L) if the contact was initiated by a State or
local law enforcement agency--
(i) the reason for involvement of a Federal
law enforcement official;
(ii) the duration of the contact prior to
contact with any Federal law enforcement
official;
(iii) the method by which a Federal law
enforcement official was informed of the stop;
and
(iv) whether the individual was being held
by State or local officials on State criminal
charges at the time of such contact;
(M) if the contact was initiated by a State or
local law enforcement agency of a State, whether such
agency was acting pursuant to--
(i) an agreement entered into under section
287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g));
(ii) authorization under title IV of the
Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
(iii) pursuant to any other agreement with
the Department of Homeland Security, including
any Federal grant program;
(N) if the contact involved an individual whose
primary language of communication is not English, the
means of communication used;
(O) 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
(P) 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.
(2) 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--
(A) the number of permanent and temporary
checkpoints utilized by agents and officers of U.S.
Customs and Border Protection;
(B) the location of each such checkpoint;
(C) the dates on which a temporary checkpoint was
used; and
(D) 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.
(3) 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--
(A) specify all data to be reported; and
(B) provide standards, definitions, and technical
specifications to ensure uniform reporting.
(4) Compilation of data.--
(A) Department of homeland security law enforcement
officials.--The Secretary of Homeland Security shall
compile--
(i) the data collected under paragraph (1)
by agents and officers of U.S. Immigration and
Customs Enforcement and U.S. Customs and Border
Protection;
(ii) the data collected under paragraph (2)
by the Commissioner of U.S. Customs and Border
Protection; and
(iii) 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.
(B) 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--
(i) compile the data collected by such law
enforcement officials pursuant to paragraph
(1); and
(ii) submit the compiled data to the
Secretary of Homeland Security.
(5) Use of data.--The Secretary of Homeland Security shall
consider the data compiled under paragraph (4) in making policy
and program decisions.
(6) 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--
(A) 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
(B) submit to Congress a report that contains a
summary of the findings of such audit.
(c) Annual Report.--
(1) 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.
(2) Availability.--Each report submitted under paragraph
(1) shall be made available to the public, except for
particular data if the Secretary of Homeland Security--
(A) explicitly invokes an exemption contained in
paragraphs (1) through (9) of section 552(b) of title
5, United States Code; and
(B) provides a written explanation for the
exemption's applicability.
(3) 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.
(4) 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.
(a) 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:
(1) 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.
(2) 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.
(3) 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--
(A) the child is a victim of trafficking or is at
significant risk of becoming a victim of trafficking;
(B) there is a strong likelihood that the adult is
not the parent or legal guardian of the child; or
(C) 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,
except that, in the case that a child is removed from his or
her parent or legal guardian under this section, an independent
child welfare expert licensed by the State or county in which
the child was so removed, authorizes the separation not later
than 48 hours after such removal, and if such expert does not
authorize such separation, the child shall be reunited with his
or her parent or legal guardian not later than 48 hours after
such determination.
(b) Prohibition on Separation.--
(1) 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.
(2) 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.
(c) 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.
(a) 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--
(1) 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
(2) 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.
(b) 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--
(1) is transferrable;
(2) may be shared easily on the electronic tracking system
described in subsection (a) by agents and officials of--
(A) U.S. Customs and Border Protection;
(B) U.S. Immigration and Customs Enforcement; and
(C) the Office of Refugee Resettlement; and
(3) is included on the paperwork of the child and the
parent or legal guardian of the child.
(c) 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.
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.
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