[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.
                                 <all>