[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Reported in House (RH)]
<DOC>
Union Calendar No. 122
116th CONGRESS
1st Session
H. R. 2203
[Report No. 116-163, Part I]
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
July 19, 2019
Additional sponsors: Ms. Barragan, Mr. Vela, Mr. Stanton, Mr. Khanna,
Ms. Kuster of New Hampshire, Ms. McCollum, Mr. McGovern, Mr. Suozzi,
Ms. Matsui, Mr. Kilmer, Mr. Veasey, Mrs. Watson Coleman, Mr. Trone, Mr.
Cisneros, Ms. Norton, Mr. Pappas, Mr. Himes, Mr. Correa, Ms. Underwood,
Mr. Vargas, Ms. Eshoo, Mr. Lujan, Mr. Carbajal, Ms. Jackson Lee, and
Mr. Levin of California
July 19, 2019
Reported from the Committee on Homeland Security with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 19, 2019
The Committees on the Judiciary and Ways and Means discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
10, 2019]
_______________________________________________________________________
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,
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland Security
Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL COMMISSION TO INVESTIGATE THE TREATMENT OF THE
MIGRANT FAMILIES AND CHILDREN BY THE TRUMP ADMINISTRATION
Sec. 101. Establishment of commission.
Sec. 102. Purposes.
Sec. 103. Composition of the Commission; qualifications.
Sec. 104. Functions of commission.
Sec. 105. Powers of commission.
Sec. 106. Public meetings and release of public version of reports.
Sec. 107. Staff of commission.
Sec. 108. Compensation and travel expenses.
Sec. 109. Security clearances for commission members and staff.
Sec. 110. Reports of commission; termination.
Sec. 111. Funding.
TITLE II--OMBUDSMAN, BORDER COMMUNITY LIAISONS, TRAINING AND MANAGEMENT
Sec. 201. Establishment of the Office of the Ombudsman for Border and
Immigration Related Concerns.
Sec. 202. Establishment of border community stakeholder advisory
committee.
Sec. 203. Training and continuing education.
Sec. 204. Body-worn cameras.
Sec. 205. Limitation on the separation of families.
Sec. 206. Prohibition on exceeding 72 hours in short-term detention.
Sec. 207. Electronic tracking.
Sec. 208. Preventing implementation of anti-asylum access interim final
rule; Termination of remain in Mexico
protocol and metering policy.
Sec. 209. Surge support for care of families and unaccompanied
children.
Sec. 210. Port of entry temporary duty assignments.
Sec. 211. Prohibition on physical restraints for women who are pregnant
or post-delivery.
TITLE III--OVERSIGHT
Sec. 301. GAO report on the extent of CBP activities, operations, and
claimed authority.
Sec. 302. Migrant deaths reporting.
Sec. 303. Review of the use of force.
Sec. 304. Accountability and transparency within the border zone.
Sec. 305. Audit and inspections of detention facilities.
TITLE I--NATIONAL COMMISSION TO INVESTIGATE THE TREATMENT OF THE
MIGRANT FAMILIES AND CHILDREN BY THE TRUMP ADMINISTRATION
SEC. 101. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission to Investigate the Treatment of Migrant Families and
Children By the Trump Administration (in this Act referred to as the
``Commission'').
SEC. 102. PURPOSES.
The purposes of the Commission are to--
(1) examine the handling of migrant families and children
apprehended along the United States-Mexico border by U.S.
Customs and Border Protection since January 2017;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the handling by the
Departments of Homeland Security and Health and Human Services
of migrant families and children who were apprehended at the
southern border since January 2017;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--
(A) Department of Homeland Security Office of
Inspector General;
(B) Department of Health and Human Services Office
of Inspector General; and
(C) other executive branch, congressional, or
independent investigations into the treatment of and
detention conditions for migrant families and children
apprehended at the southern border by the Department of
Homeland Security since January 2017;
(4) make a full and complete accounting of the handling of
the migrant families and children apprehended at the southern
border since January 2017; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures.
SEC. 103. COMPOSITION OF THE COMMISSION; QUALIFICATIONS.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) one member shall be appointed by the leader of the
Democratic Party (majority or minority leader, as the case may
be) in the House of Representatives, with the concurrence of
the leader of the Democratic party (majority or minority leader
as the case may be) in the Senate, who shall serve as chairman
of the Commission;
(2) two members shall be appointed by the senior member of
the leadership of the Democratic party in Senate;
(3) three members shall be appointed by the senior member
of the leadership of the Republican party in the Senate;
(4) three members shall be appointed by the senior member
of the leadership of the Democratic party in the House of
Representatives; and
(5) one member shall be appointed by the senior member of
the leadership of the Republican party in of the House of
Representatives.
(b) Qualifications.--Each individual appointed to the Commission
shall have expertise and experience in at least one of the following
areas:
(1) Immigration law, particularly experience representing
asylees.
(2) Public health.
(3) Child welfare.
(4) Civil rights.
(5) As a representative of a humanitarian organization that
gives assistance to individuals crossing the southern border.
(6) As a local official from a border community on the
southern border of the United States.
SEC. 104. FUNCTIONS OF COMMISSION.
The functions of the Commission are to--
(1) investigate the relevant facts and circumstances
related to the handling by the Departments of Homeland Security
and Health and Human Services of the migrant families and
children apprehended at the southern border since January 2017,
including any relevant legislation, Executive order,
regulation, plan, policy, practice, or procedure;
(2) identify, review, and evaluate the lessons learned from
the handling by the Departments of Homeland Security and Health
and Human Services of the migrant families and children
apprehended at the southern border since January 2017,
regarding the structure, coordination, management policies, and
procedures of the Federal Government, and, if appropriate,
State and local governments and nongovernmental entities,
relative to providing timely, effective and humane treatment of
migrant families and unaccompanied alien children seeking
asylum in the United States; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
SEC. 105. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subsection (a), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this title.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this title. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
SEC. 106. PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSION OF REPORTS.
(a) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 110(a) and (b).
(b) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 107. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 108. COMPENSATION AND TRAVEL EXPENSES.
Each member of the Commission may be compensated at not to exceed
the daily equivalent of the annual rate of basic pay in effect for a
position at level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day during which that member is
engaged in the actual performance of the duties of the Commission.
SEC. 109. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this title without the appropriate security clearances.
SEC. 110. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 111. FUNDING.
(a) In General.--There is authorized $3,000,000 for purposes of
carrying out the activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
TITLE II--OMBUDSMAN, BORDER COMMUNITY LIAISONS, TRAINING AND MANAGEMENT
SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND
IMMIGRATION RELATED CONCERNS.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 437. ESTABLISHMENT OF THE OFFICE OF OMBUDSMAN FOR BORDER AND
IMMIGRATION RELATED CONCERNS.
``(a) In General.--The Secretary shall appoint an Ombudsman for
Border and Immigration Related Concerns (hereinafter referred to as the
`Ombudsman'), who shall--
``(1) be independent of Department agencies and officers;
``(2) report directly to the Secretary; and
``(3) have a background in immigration, civil rights, and
law enforcement.
``(b) Functions.--The functions of the Ombudsman shall be to--
``(1) establish an independent, neutral, and confidential
process to receive, investigate, resolve, and provide redress,
including referral for investigation to the Office of the
Inspector General, referral to the Office of Civil Rights and
Civil Liberties to investigate complaints and information
indicating possible abuses of civil rights or civil liberties,
referral to U.S. Citizenship and Immigration Services for
immigration relief, or any other action determined appropriate,
in cases in which Department employees, or subcontracted or
cooperating entity personnel, are alleged to have engaged in
misconduct or violated the rights of individuals, associations,
or employers;
``(2) establish an accessible and standardized complaint
process regarding complaints against any employee of U.S.
Customs and Border Protection or U.S. Immigration and Customs
Enforcement, or any subcontracted or cooperating entity
personnel, for violations of law or violations of standards of
professional conduct pertaining to interaction with a United
States citizen or non-United States citizen in the course of
carrying out any duty under law; and
``(3) identify and thereafter review, examine, and make
recommendations to the Secretary or designee to address chronic
concerns in border security and enforcement activities of U.S.
Customs and Border Protection and U.S. Immigration and Customs
Enforcement.
``(c) Annual Report.--On an annual basis, starting one year after
the date of the enactment of this section, the Secretary shall submit
to the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on the Judiciary of
the Senate a report prepared by the Ombudsman that provides information
regarding the Office of the Ombudsman's activities for the prior year,
including information relating to the following:
``(1) The number of complaints received in the period, with
information on each complaint including whether it is against
any employee of U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement, or any subcontracted or
cooperating entity personnel, for violations of law or
violations of standards of professional conduct pertaining to
interaction with a United States citizen or non-United States
citizen in the course of carrying out any duty under law, when
and where the incident that gave rise to the complaint
occurred, including, where possible, identification of the port
of entry, U.S. Border Patrol station, or detention facility
where the alleged incident occurred.
``(2) The number of investigations commenced or carried out
in the period, with information on each investigation including
whether it involves any employee of U.S. Customs and Border
Protection or U.S. Immigration and Customs Enforcement, or any
subcontracted or cooperating entity personnel, for violations
of law or violations of standards of professional conduct
pertaining to interaction with a United States citizen or non-
United States citizen in the course of carrying out any duty
under law.
``(3) The number of complaints resolved in the period, with
information on how each complaint was resolved, including for
those complaints that were--
``(A) referred for investigation to the Office of
the Inspector General;
``(B) referred to the Office of Civil Rights and
Civil Liberties;
``(C) referred to U.S. Citizenship and Immigration
Services for immigration relief; and
``(D) resolved in some other manner.
``(4) Findings and recommendations for the period that
address chronic concerns in border security and enforcement
activities of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement, including the impact of
such activities on border communities and the civil rights,
property rights, privacy rights, and civil liberties of
residents of such communities.
``(5) Any actions taken by the Department to implement
recommendations that address chronic concerns in border
security and enforcement activities.
``(d) Publication.--Not later than 30 days after receiving the
annual report required pursuant to subsection (c), the Secretary shall
publish the annual report on the website of the Department and in the
Federal Register, together with any feedback from the Secretary
regarding the report.
``(e) Confidentiality.--In the absence of the written consent of an
individual who submits a complaint, the Ombudsman shall keep
confidential the identity of and any identifying information relating
to that individual.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by striking the items
relating to sections 435 and 436 and inserting the following new items:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437.Establishment of the Office of Ombudsman for Border and
Immigration Related Concerns.''.
SEC. 202. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY
COMMITTEE.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002, as amended by section 201 of this Act, is further amended
by adding at the end the following new section:
``SEC. 438. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY
COMMITTEE.
``(a) Establishment.--The Secretary shall establish within the
Department a border community stakeholders advisory committee pursuant
to section 871 of this Act.
``(b) Duties.--
``(1) In general.--The Secretary shall consult with the
Advisory Committee, as appropriate, on border security and
immigration enforcement matters, including on the development,
refinement, and implementation of policies, protocols,
programs, and rulemaking pertaining to border security and
immigration enforcement that may impact border communities.
``(2) Recommendations.--The Advisory Committee shall
develop, at the request of the Secretary, recommendations
regarding policies, protocols, programs and rulemaking
pertaining to border security and immigration enforcement that
may impact border communities.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Secretary--
``(A) reports on matters identified by the
Secretary; and
``(B) reports on other matters identified by a
majority of the members of the Advisory Committee.
``(4) Annual report.--The Advisory Committee shall submit
to the Secretary an annual report providing information on the
activities, findings, and recommendations of the Advisory
Committee, including its subcommittees, for the preceding year.
Not later than six months after the date on which the Secretary
receives the annual report, the Secretary shall publish a
public version describing the Advisory Committee's activities
and such related matters as would be informative to the public,
consistent with section 552(b) of title 5, United States Code.
``(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee under
paragraph (4), the Secretary shall respond in writing to the
Advisory Committee with feedback on each of the
recommendations, an action plan to implement any of the
recommendations with which the Secretary concurs, and a
justification for why any of the recommendations have been
rejected.
``(6) Congressional notification.--Not later than 30 days
after providing written feedback to the Advisory Committee
under paragraph (5), the Secretary shall notify the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate on such feedback, and provide a briefing upon request.
``(7) Report to congress.--Prior to briefing the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate under paragraph (6), the Secretary shall submit to such
committees a report containing information relating to the
recommendations transmitted by the Advisory Committee in
accordance with paragraph (4).
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 90 days after the
date of enactment of this section, the Secretary shall
appoint the members of the Advisory Committee.
``(B) Composition.--The membership of the Advisory
Committee shall consist of a border community
stakeholder from each of the nine U.S. Border Patrol
sectors and three individuals with significant
expertise and experience in immigration law, civil
rights, and civil liberties, particularly as relates to
interests of residents of border communities.
``(2) Term of office.--
``(A) Terms.--The term of each member of the
Advisory Committee shall be two years. A member of the
Advisory Committee may be reappointed.
``(B) Removal.--The Secretary may review the
participation of a member of the Advisory Committee and
remove such member for cause at any time.
``(3) Prohibition on compensation.--The members of the
Advisory Committee shall not receive pay, allowances, or
benefits from the Government by reason of their service on the
Advisory Committee.
``(4) Meetings.--
``(A) In general.--The Secretary shall require the
Advisory Committee to meet at least semiannually and
may convene additional meetings as necessary.
``(B) Public meetings.--At least one of the
meetings described in subparagraph (A) shall be within
a Border Patrol sector and open to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(5) Member access to sensitive security information.--Not
later than 60 days after the date of a member's appointment,
the Secretary shall determine if there is cause for the member
to be restricted from possessing sensitive security
information. Without such cause, and upon the member
voluntarily signing a non-disclosure agreement, the member may
be granted access to sensitive security information that is
relevant to the member's advisory duties. The member shall
protect the sensitive security information in accordance with
part 1520 of title 49, Code of Federal Regulations.
``(6) Chairperson.--A stakeholder representative on the
Advisory Committee who is elected by the appointed membership
of the Advisory Committee shall chair the Advisory Committee.
``(d) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee and its
subcommittees.
``(e) Definitions.--In this section:
``(1) Advisory committee.--The term `Advisory Committee'
means the border community stakeholder advisory committee
established under subsection (a).
``(2) Border community stakeholder.--The term `border
community stakeholder' means individuals who have ownership
interests or reside in the land borders of the United States
and who have not publicly taken positions on the Trump
Administration's border security and immigration enforcement
actions, including--
``(A) a landowner within 10 miles of a land border
of the United States;
``(B) a business leader in a company operating
within 10 miles of a land border of the United States;
``(C) a local official from a community on a land
border of the United States; and
``(D) a representative of Indian tribes on a land
border of the United States.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 201 of this
Act, is further amended by inserting after the item relating to section
437 the following new item:
``Sec. 438. Establishment of Border Community Stakeholder Advisory
Committee.''.
SEC. 203. 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 and
U.S. Immigration and Customs Enforcement receives a minimum of 20 weeks
of training upon onboarding that is directly related to the mission and
40 hours of training and continuing education annually thereafter, to
include personnel in a supervisory or management position. Such
training shall include training provided by attorneys outside of the
Department of Homeland Security.
(b) Curriculum.--The Secretary of Homeland Security shall establish
policies and guidelines governing training and continuing education of
agents and officers of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement regarding accountability, standards
for professional and ethical conduct, and oversight. Such training
shall address the following:
(1) Community relations, including the following:
(A) Best practices in community policing, cultural
awareness, and carrying out enforcement actions near
sensitive locations such as places of worship or
religious ceremony, school or education-related place
or event, courthouse or other civic building providing
services accessible to the public, hospital, medical
treatment, or health care facility, a public
demonstration, or an attorney's office, including a
public defender or legal aid office.
(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
437 of the Homeland Security Act of 2002, as added by
section 201 of this Act.
(2) Interaction with vulnerable populations, including
instruction on screening, identifying, and responding to
vulnerable populations, such as children, victims of human
trafficking, and the acutely ill.
(3) Standards of professional and ethical conduct,
including the following:
(A) Lawful use of force, de-escalation tactics, and
alternatives to the 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) Civil rights and legal protections.
(E) Non-racially biased questioning.
(F) De-escalation tactics and alternatives to use
of force.
(G) Permissible and impermissible social media
activity.
(c) Performance Review Process.--The Secretary of Homeland Security
shall establish a review process to ensure that port supervisors and
managers of U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement, as the case may be, are evaluated annually on
their actions and standards of conduct, and on the actions, situational
and educational development, and standards of conduct of their staffs.
(d) 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) Permissible and impermissible social media
activity.
(4) Administration.--Courses offered as part of continuing
education under this subsection shall be administered by the
Federal Law Enforcement Training Centers.
(e) Training Assessment.--Not later than three years after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that assesses the training
and education, including continuing education, required under this
section as well as its implementation.
SEC. 204. BODY-WORN CAMERAS.
(a) Requirement.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security, shall submit
to the Committees on Homeland Security and Judiciary of the House of
Representatives and the Committees on Homeland Security and
Governmental Affairs and Judiciary of the Senate a plan for requiring
not later than one year after such date of enactment the use of body-
worn cameras by U.S. Border Patrol agents and U.S. Immigration and
Customs Enforcement officers whenever engaged in border security or
immigration enforcement activities.
(b) Elements.--The plan shall include the following:
(1) Benchmarks for implementation within U.S. Customs and
Border Protection and U.S. Immigration and Customs Enforcement.
(2) Policies, procedures, and training modules for the use
of body-worn cameras by agents and officers, including training
modules relating to the appropriate use of such cameras and
adverse action for non-compliance.
(3) Mechanisms for enforcement of body-worn camera policies
and procedures by agents and officers within U.S. Customs and
Border Protection and U.S. Immigration and Customs Enforcement.
SEC. 205. LIMITATION ON THE SEPARATION OF FAMILIES.
(a) In General.--Notwithstanding any other provision of law, a
child may not be removed from a parent, legal guardian, or family
member of such child, at or near the port of entry or within 100 miles
of a border of the United States, unless one of the following has
occurred:
(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, legal guardian, or
family member because the child is in danger of abuse or
neglect at the hands of the parent, legal guardian, or family
member or is a danger to herself or others.
(b) Prohibition on Separation.--
(1) In general.--A designated agency may not remove a child
from a parent, legal guardian, or family member solely for the
policy goal of deterring individuals from migrating to the
United States or for the policy goal of promoting compliance
with civil immigration laws.
(2) Penalty for family separation.--Any person who
knowingly separates a child from his or her parent, legal
guardian, or family member in violation of this section, shall
be fined not more than $10,000.
(c) Family Member Defined.--For purposes of this section, the term
``family member'' means an individual who is any of the following:
(1) A parent or legal guardian.
(2) A spouse.
(3) A child.
(4) A step-family member.
(5) An immediate family member, to include adult siblings.
(6) An extended family member, to include aunts, uncles,
adult cousins, and grandparents.
SEC. 206. PROHIBITION ON EXCEEDING 72 HOURS IN SHORT-TERM DETENTION.
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall ensure that each individual apprehended by U.S.
Customs and Border Protection is released, paroled, or transferred to
an appropriate long-term facility operated by a non-profit
organization, U.S. Immigration and Customs Enforcement, or the
Department of Health and Human Services not later than 72 hours after
such apprehension absent an exigent circumstance that is beyond the
Secretary's control, such as a natural disaster. The Secretary shall
inform the Committees on Homeland Security and the Judiciary of the
House of Representatives and Committees on Homeland Security and
Governmental Affairs and the Judiciary of the Senate within three days
of the Secretary determining such an exigent circumstance exists, and
provide information on when the impacted individuals will be so
released, paroled, or transferred.
SEC. 207. ELECTRONIC TRACKING.
(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 shall be--
(1) 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) used to track the location of a child who has been
separated under section 205 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 separated under section 205 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 separated under section 205 and the parent or legal guardian of
the child on the manner in which the child and the parent or legal
guardian may be contacted during the term of the separation .
SEC. 208. PREVENTING IMPLEMENTATION OF ANTI-ASYLUM ACCESS INTERIM FINAL
RULE; TERMINATION OF REMAIN IN MEXICO PROTOCOL AND
METERING POLICY.
(a) Prevention of Implementation of Anti-asylum Access Rule.--
Notwithstanding any other provision of law, the joint interim final
rule published in the Federal Register on July 16, 2019, by the
Secretary of Homeland Security and Attorney General that would restrict
eligibility for aliens seeking asylum in the United States may not be
implemented, enforced, or otherwise carried out by the Secretary or the
Attorney General.
(b) MPP and Metering Termination.--Not later than 30 days after
enactment of this Act, the following shall terminate:
(1) The Migrant Protection Protocols that were announced by
the Secretary of Homeland Security on December 20, 2018, any
subsequent revisions to such protocols, or any successor
protocols in which certain individuals seeking asylum in the
United States are required to wait outside of the United States
for the duration of their immigration proceedings.
(2) The U.S. Customs and Border Protection metering policy
to regulate the flow of asylum seekers at ports of entry by
denying asylum seekers access to ports of entry or any
successor policy that impedes access to ports of entry.
(c) Additional Capacity at Ports of Entry.--For the purposes of
increasing processing capacity at ports of entry, the Commissioner of
U.S. Customs and Border Protection shall every fiscal year hire, train,
and assign not fewer than 600 new officers above the level as of
September 30 of the immediately preceding fiscal year until the total
number of such officers equals the requirements identified each year in
the Workload Staffing Model developed by the Commissioner.
(d) Prohibition on Certain Interviews.--No personnel employed by
U.S. Customs and Border Protection may carry out credible fear
interviews pursuant to the Immigration and Nationality Act.
(e) Office of Professional Responsibility.--The Commissioner of
U.S. Customs and Border Protection shall every fiscal year hire, train,
and assign 30 new full-time investigators within the Office of
Professional Responsibility of U.S. Customs and Border Protection until
the total number of investigators enables the Office to fulfill its
mission proportionate to the number of new personnel hired in
accordance with subsection (c).
(f) Traffic Forecasts.--In calculating the number of Office of
Field Operations officers needed at each port of entry through the
Workload Staffing Model, the Office of Field Operations shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry; and
(2) consider volume associated with the increase in the
volume of individuals from El Salvador, Guatemala, and Honduras
seeking asylum in the United States and seasonal surges, other
projected changes in commercial and passenger volumes, the most
current commercial forecasts, and other relevant information.
(g) Amendment.--Subparagraph (A) of section 411(g)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
(1) by striking ``model'' and inserting ``models''; and
(2) by inserting before the period at the end the
following: ``, and information concerning the progress made
toward meeting officer hiring targets, while accounting for
attrition''.
SEC. 209. SURGE SUPPORT FOR CARE OF FAMILIES AND UNACCOMPANIED
CHILDREN.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall enter
into memoranda of understanding with appropriate Federal agencies and
applicable emergency government relief services, and contracts with
State-licensed, vetted, and qualified contractors with health care,
public health, social work, and transportation professionals, for
purposes of providing care for individuals, including unaccompanied
alien children, apprehended at the southern border during the period of
increased volume since January 2017.
(b) Strategic Deployment.--The Secretary of Homeland Security shall
ensure that the memoranda of understanding and contracts entered into
pursuant to subsection (a) ensure core capacity within the Department
of Homeland Security to provide adequate care to individuals in short-
term detention that includes physicians specializing in pediatrics,
family medicine, emergency medicine, obstetrics and gynecology,
geriatric medicine, internal medicine, and infectious diseases, nurse
practitioners, other nurses, physician assistants, licensed social
workers, mental health professionals, public health professionals, and
dieticians.
(c) Processing Coordinator.--The Commissioner of U.S. Customs and
Border Protection may, on a case-by-case basis, hire and train a
processing coordinator to operate within U.S. Border Patrol station
to--
(1) facilitate the provision of services pursuant to a
memorandum of understanding or contract entered into pursuant
to subsection (a) within a U.S. Border Patrol station;
(2) perform administrative tasks related to the intake and
processing of individuals apprehend by U.S. Border Patrol
agents, where necessary;
(3) transport individuals in U.S. Border Patrol custody,
where necessary; and
(4) perform custodial watch duties of individuals in such
custody who have been admitted to a hospital, except that
neither the coordinator nor a U.S. Border Patrol agent may be
physically present in a hospital room of such an individual.
(d) Monthly Reports.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a monthly report on the memoranda of understanding and contracts
entered into pursuant to subsection (a) as of such date, together with
the following:
(1) Information on the deployment of physicians
specializing in pediatrics, family medicine, emergency
medicine, obstetrics and gynecology, geriatric medicine,
internal medicine, and infectious diseases;, nurse
practitioners, other nurses, physician assistants, licensed
social workers, mental health professionals, public health
professionals, and dieticians within each U.S. Border Patrol
sector.
(2) For each U.S. Border Patrol sector, the degree to which
responsibilities have been transferred from Department of
Homeland Security personnel, particularly law enforcement
personnel, for the provision of care of migrant families and
unaccompanied alien children apprehended at the southern border
of the United States to personnel under a memorandum of
understanding or contract.
SEC. 210. PORT OF ENTRY TEMPORARY DUTY ASSIGNMENTS.
(a) Quarterly Report.--Not later than 60 days after the date of the
enactment of this Act and quarterly thereafter, the Commissioner of
U.S. Customs and Border Protection shall submit to the appropriate
congressional committees a report that includes, for each such
reporting period, the following:
(1) The number of temporary duty assignments of U.S.
Customs and Border Protection officers and support personnel
from a port of entry to a temporary duty assignment in response
to the Northern Triangle Migrant Surge.
(2) The ports of entry from which such employees were
reassigned.
(3) The ports of entry to which such employees were
reassigned.
(4) The ports of entry at which reimbursable service
agreements have been entered into that may be affected by such
temporary duty assignments.
(5) The duration of each temporary duty assignment.
(6) The specific duties personnel will be undertaking
during each temporary duty assignment.
(7) The cost of each temporary duty assignment.
(b) Notice.--Not later than 10 days before redeploying employees
from one port of entry to another in response to the Northern Triangle
Migrant Surge, absent emergency circumstances--
(1) the Commissioner of U.S. Customs and Border Protection
shall notify the director of the port of entry from which
employees will be reassigned of the intended redeployments; and
(2) the port director shall notify impacted facilities
(including airports, seaports, and land ports) of the intended
redeployments.
(c) Workforce Briefing.--The Commissioner of U.S. Customs and
Border Protection shall brief all affected U.S. Customs and Border
Protection employees regarding plans to mitigate vulnerabilities
created by any planned staffing reductions at ports of entry.
SEC. 211. PROHIBITION ON PHYSICAL RESTRAINTS FOR WOMEN WHO ARE PREGNANT
OR POST-DELIVERY.
(a) In General.--Except as provided in subsection (b), no officer
or agent of the U.S. Customs and Border Protection or Immigration and
Customs Enforcement may place physical restraints on a woman in the
custody of the Department of Homeland Security (including during
transport, in a detention facility, or at an outside medical facility)
who is pregnant or in post-delivery recuperation.
(b) Exception.--Subsection (a) shall not apply with respect to a
pregnant woman if--
(1) a supervisory official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) Limitations.--If a pregnant woman is restrained pursuant to
subsection (b), only the safest and least restrictive restraints, as
determined by the appropriate medical professional treating the woman,
may be used. In no case may restraints be used on a woman who is in
active labor or delivery, and in no case may a pregnant woman be
restrained in a face-down position with four-point restraints, on her
back, or in a restraint belt that constricts the area of the pregnancy.
A pregnant woman who is immobilized by restraints shall be positioned,
to the maximum extent feasible, on her left side.
(d) Recordkeeping.--If a pregnant woman is restrained pursuant to
subsection (b), the supervisory official of the Department of Homeland
Security shall document the basis for an individualized determination
that restraints should be used in the Departmental records maintained
on that woman.
TITLE III--OVERSIGHT
SEC. 301. 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.
SEC. 302. MIGRANT DEATHS REPORTING.
(a) Immediate Reports.--Not later than 24 hours after a migrant
death, the Secretary of Homeland Security shall report such death to
the Committees on Homeland Security and Judiciary of the House of
Representatives and the Committees on Homeland Security and
Governmental Affairs and Judiciary of the Senate.
(b) Annual Report on Migrant Deaths.--Not later than 180 days after
the date of the enactment of this Act and annually thereafter, the
Commissioner of U.S. Customs and Border Protection and the Director of
U.S. Immigration and Customs Enforcement shall jointly submit to the
Comptroller General of the United States, the Committees on Homeland
Security and Judiciary of the House of Representatives, and the
Committees on Homeland Security and Governmental Affairs and Judiciary
of the Senate a report on migrant deaths that occurred in the preceding
year along the United States-Mexico border, including information on
the following:
(1) The total number of documented migrant deaths within
the preceding year of the report.
(2) A geographical breakdown of where such migrant deaths
occur.
(3) To the extent possible, the cause of death for each
migrant.
(4) 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.
(5) Criteria and methodology for collecting such data
within each sector.
(c) GAO Report on Migrant Deaths.--Not later than one year after
the submission of the first report required under subsection (a), the
Comptroller General of the United States shall publish a review on the
extent to which U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement have--
(1) adopted measures, such as programs or plans, to reduce
migrants deaths;
(2) the effectiveness of its efforts to reduce migrant
deaths; and
(3) collected data and information sharing as well as
cooperation between U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, local and State law
enforcement, foreign diplomatic and consular posts, and
nongovernmental organizations to accurately identify deceased
individuals and notify family members and compare information
to missing persons registries.
SEC. 303. REVIEW OF THE USE OF FORCE.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall examine the
extent to which U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement have trained their workforces regarding use of
force policies, including the following (and any recommendations
related to the following):
(1) Implementation of new training to improve use of force
policies, including how the use of force policy conforms to
Department of Homeland Security and Federal law enforcement
best practices.
(2) Identified additional or alternative weapons and
equipment to improve agents' and officers' abilities to de-
escalate confrontations, including protective gear.
(3) Established metrics to track the effectiveness of use
of force training and to ensure the reporting of all incidents
of use of force to determine whether such force was justified.
SEC. 304. ACCOUNTABILITY AND TRANSPARENCY WITHIN THE BORDER ZONE.
(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) Border zone.--The term ``border zone'' means the 100-
mile of land from a United States international land and
coastal border into the interior of the United States, as
established by Federal regulation in 1953.
(3) 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.
(4) 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.
(5) 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.
(6) Primary inspection.--The term ``primary inspection''
means an initial inspection of a vehicle or individual at a
checkpoint.
(7) 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 for Border
Security and Immigration Enforcement Activities Within the Border
Zone.--
(1) Data collection regarding stops and searches and
activity at interior checkpoints.--A law enforcement official
who initiates a patrol stop or who detains any individual
beyond a brief and limited inquiry, such as a primary
inspection at a checkpoint, shall record the following:
(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) If the contact involved an individual whose
primary language of communication is not English, the
means of communication used.
(J) 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.
(K) If the contact occurred at a location described
in subparagraph (J), why that location was chosen and
any supervisory approval that was sought to carry out
the contact at the location.
(2) GAO audit.--Not later than one year after the enactment
of this Act, the Comptroller General of the United States shall
conduct an audit of the data compiled under paragraph (1) to
determine whether law enforcement officials are complying with
data collection requirements and submit to Congress a report
that contains a summary of the findings of such audit.
(3) Open gao recommendations.--Not later than 180 days
after the date of enactment of this Act, the Commissioner of
U.S. Customs and Border Protection shall submit to the
Committee on Homeland Security and the Committee on Homeland
Security and Governmental Affairs of the Senate a plan to
address any open recommendations made by the Comptroller
General on checkpoint performance and the impact of checkpoint
operations on nearby communities. Within 180 days after the
submission of the report to the Committees, the Comptroller
General shall issue a report to the committees evaluating the
Commissioner's plan to address the open recommendations.
(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)(1), 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 of Homeland Security may not
report unique personal identifying information of persons
stopped, searched, or subjected to a property seizure, for
purposes of this section.
(4) Publication.--The data compiled under subsection (b)
shall be made available to the public to the extent the release
of such data is permissible under Federal law.
SEC. 305. AUDIT AND INSPECTIONS OF DETENTION FACILITIES.
(a) OIG and GAO.--The Inspector General of the Department of
Homeland Security and the Comptroller General shall carry out regular
audits and inspections, including unannounced audits and inspections,
of processes (including recordkeeping) utilized by U.S. Customs and
Border Protection to conduct intake and process individuals apprehended
by U.S. Customs and Border Protection, as well as any facility operated
by or for the Department of Homeland Security used to detain or
otherwise house individuals in custody of the Department of Homeland
Security. The Inspector General and Comptroller General shall, to the
extent possible, share information and coordinate to ensure that
Congress is provided timely audit and inspection information.
(b) Congressional Access.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection may not--
(A) prevent a Member of Congress or an employee of
the United States House of Representatives or the
United States Senate designated by such a Member for
the purposes of this section from entering, for the
purpose of conducting oversight, any such facility: and
(B) make any temporary modification at any such
facility that in any way alters what is observed by a
visiting member of Congress or such designated
employee, compared to what would be observed in the
absence of such modification.
(2) Rule of construction.--Nothing in this subsection may
be construed to require a Member of Congress to provide prior
notice of the intent to enter such facility for the purpose of
conducting oversight.
(3) Requirement.--With respect to individuals described in
paragraph (1), the Department of Homeland Security may require
that a request be made at least 24 hours in advance of an
intent to enter a facility.
(c) Photographs.--The Inspector General of the Department of
Homeland Security, Comptroller General, a Member of Congress, or an
employee of the United States House of Representatives or United States
Senate shall be authorized to take photographs or video or audio
recordings of conditions in a facility but may not publish photographs
or video or audio recordings with personally identifiable information
without permission.
Union Calendar No. 122
116th CONGRESS
1st Session
H. R. 2203
[Report No. 116-163, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
July 19, 2019
Reported from the Committee on Homeland Security with an amendment
July 19, 2019
The Committees on the Judiciary and Ways and Means discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed