[House Report 116-163]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-163
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
HOMELAND SECURITY IMPROVEMENT ACT
_______
July 19, 2019.--Committee to the Committee of the Whole House on the
State of the Union and Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2203]
The Committee on Homeland Security, to whom was referred
the bill (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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 16
Background and Need for Legislation.............................. 17
Hearings......................................................... 19
Committee Consideration.......................................... 19
Committee Votes.................................................. 21
Committee Oversight Findings..................................... 23
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 23
Federal Mandates Statement....................................... 24
Statement of General Performance Goals and Objectives............ 24
Duplicative Federal Programs..................................... 24
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 24
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 24
Changes in Existing Law Made by the Bill, as Reported............ 32
Committee Correspondence......................................... 47
Minority Views................................................... 49
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Purpose and Summary
The purpose of H.R. 2203, the ``Homeland Security
Improvement Act'' is to help alleviate the humanitarian crisis
at the southern border by creating additional mechanisms to
improve oversight, instituting new trainings, and putting an
end to harmful U.S. Customs and Border Protection policies and
practices which include family separation and metering.
Under the Act, an independent Commission is established by
Congress to conduct a thorough investigation of the Trump
Administration's handling of migrant families and children, to
include the conditions at Customs and Border Protection (CBP)
and Immigration and Customs Enforcement (ICE) facilities. The
Act also creates (1) an Ombudsman for Border and Immigration
Related Concerns, who would be responsible for investigating
and resolving complaints related to border security and
immigration enforcement activities, and (2) a border community
stakeholder advisory committee to provide recommendations to
the Secretary with respect to border and immigration policies.
This legislation further improves oversight by instituting
several new public reporting requirements, including reports to
Congress on ports of entry, migrant deaths in custody, use of
force training, and CBP and ICE stops and searches. H.R. 2203
also improves transparency by prohibiting the Department of
Homeland Security (DHS) from barring Members of Congress or
their staff from entering facilities holding migrant detainees
and taking photographs of the conditions of those facilities.
It also requires the Department to develop a plan for requiring
the use of body-worn cameras by Border Patrol Agents and ICE
Officers.
The Act also mandates 20 weeks of training for new Border
Patrol agents, CBP Officers, and ICE agents with 40 hours of
training and continuing education annually thereafter that
addresses community policing practices, use of force and de-
escalation tactics, and the history and ethics of asylum law.
Critically, H.R. 2203 terminates facetious and harmful
policies including the placing of physical restraints on
pregnant and post-delivery women. It also bans the separation
of children from their parents or legal guardian except under
extremely limited circumstances. It also requires that the
Homeland Security and Health and Human Services (HHS)
Secretaries establish a tracking system interface so that any
child who is separated under those limited circumstances will
not be lost. Finally, the Act also puts an end to CBP's
metering policy to regulate the flow of asylum seekers at ports
of entry and limits detention in CBP facilities to 72 hours
absent exigent circumstances.
Background and Need for Legislation
The nation currently faces a humanitarian crisis at its
southern border. It is a crisis in which children and families
have been subjected to inhumane conditions, asylum seekers have
been denied access to our nation's legal ports of entry, and
thousands of children have been separated from family members.
Recognizing that Americans need a full accounting for DHS'
poor management of this humanitarian crisis, the Act creates an
independent Commission, modeled after the National Commission
on the Terrorist Attacks Upon the United States, to conduct a
full investigation. Over the course of the last year,
independent oversight bodies have called attention to the
terrible conditions of confinement at CBP and ICE facilities.
Most recently, the DHS Office of Inspector General (OIG) found
that conditions at CBP facilities in the Rio Grande Valley were
dangerously overcrowded, putting the health and safety of
children, families and Border Patrol Agents at risk.\1\
Additional reports have found appalling conditions at ICE
detention facilities. They have found moldy food and walls,
nooses hanging in holding cells, and several other conditions
threatening the health and safety of migrant detainees.\2\ A
DHS OIG report also found that ICE's own inspection processes
were not adequate to hold contractors accountable for failing
to meet performance standards.\3\
---------------------------------------------------------------------------
\1\DHS Office of Inspector General. Management Alert--DHS Needs to
Address Dangerous Overcrowding and Prolonged Detention of Children and
Adults in the Rio Grande Valley. OIG-19-51, July 2, 2019.
\2\DHS Office of Inspector General. Issues Requiring Action at the
Essex County Correctional Facility in Newark, New Jersey. OIG-19-20,
February 13, 2019; Concerns about ICE Detainee Treatment and Care at
Four Detention Facilities. OIG-19-47, June 3, 2019; Management Alert--
Issues Requiring Action at the Adelanto ICE Processing Center in
Adelanto, California. OIG-18-86, September 27, 2018.
\3\DHS Office of Inspector General. ICE Does Not Fully Use
Contracting Tools to Hold Detention Facility Contractors Accountable
for Failing to Meet Performance Standards. OIG-19-18, January 29, 2019.
---------------------------------------------------------------------------
While these reports have been informative, they only
provide a snapshot in time of the conditions at a limited
number of facilities and do not answer major questions about
decision-making that caused children and families to be held by
DHS in unsafe and poor conditions. An independent Commission
will shine greater light on the conditions at these facilities
and assist Congress in determining what further action to take.
Additional reporting requirements will do the same. The
creation of an independent ombudsman for border and
immigration-related concerns, furthermore, will help hold CBP
and ICE accountable in providing a new outlet for complaints,
and input into border policymaking from a newly-created border
community stakeholder advisory committee would help ensure that
perspectives of border communities inform policy.
This Act seeks to put an end to several of the Department's
most senseless and harmful policies to migrant families and
children. First, it bars the practice of separating families
except in limited circumstances and ensures that any separated
families will remain linked in a newly-created tracked system.
The Administration's Zero Tolerance family separation policy
has caused lifelong harm to children. To date, according to the
HHS OIG, the number of children separated from their families
under that policy is still unknown and continues to grow
(currently to more than 2,700).\4\ Even in just the three
months following the end of Zero Tolerance, more than 100
additional children were separated from their parents.\5\ Both
the Government Accountability Office (GAO) and the DHS OIG
found that once those children were separated from their
parents, the Department was woefully unprepared to track, link,
and reunite those families.\6\ Accordingly, a policy that
limits this practice is necessary.
---------------------------------------------------------------------------
\4\U.S. Department of Health and Human Services Office of Inspector
General. Separated Children Placed in Office of Refugee Resettlement
Care. OEI-BL-18-005111. January 2019.
\5\Id.
\6\Government Accountability Office. Unaccompanied Children: Agency
Efforts to Reunify Children Separated from Parents at the Border. GAO-
19-163. October 24, 2018; DHS Office of Inspector General. Special
Review--Initial Observations Regarding Family Separation Issues Under
the Zero Tolerance Policy. OIG-18-84. September 27, 2018.
---------------------------------------------------------------------------
Second, H.R. 2203 prohibits CBP from continuing the
practice of metering to regulate the flow of asylum seekers at
ports of entry. Reports suggest that this practice puts
children and families in danger by pushing asylum seekers, who
would otherwise seek legal entry into the United States, to
cross the border illegally in more remote locations.\7\ Those
who wait in Juarez, Mexico, one of the most dangerous cities in
the world, are often living on the streets, as shelters are
full and are at risk of assault, theft, kidnapping, and
rape.\8\ In recognition of the need for additional capacity at
ports of entry with the termination of metering, the Act
increases the number of CBP Officers by 600 over the prior
year. Importantly, together with this staffing increase, the
measure proportionally increases (by 30 positions) staffing
within the Office of Professional Responsibility to effectively
address any misconduct issues.
---------------------------------------------------------------------------
\7\OIG-18-84.
\8\Nathan, Debbie, ``Trump's `Remain in Mexico' Policy Exposes
Migrants to Rape, Kidnapping, and Murder in Dangerous Border Cities.''
The Intercept, July 14, 2019. https://theintercept.com/2019/07/14/
trump-remain-in-mexico-policy/; Joung, Madeleine, ``Do Not Travel Due
to Crime and Kidnapping: Here's Where the U.S. is Sending Asylum
Seekers.'' Time, July 11, 2019. https://time.com/5624551/remain-mexico-
asylum-doctors-borders/
---------------------------------------------------------------------------
Third, as previously noted, CBP facilities at the border
have become dangerously overcrowded. Codifying CBP's written
policy of not holding migrants in short term detention for more
than 72 hours absent exigent circumstances outside the
Secretary's control is necessary to alleviate this safety
hazard. To ensure appropriate care of children, families and
other individuals in short-term custody, the Act directs DHS to
enter into memoranda of agreement and contracts to procure the
services of State-licensed, vetted, and qualified contractors
with health care, public health, social work, and
transportation professionals to care for migrant families and
children within 60 days of enactment of this Act.
Hearings
On March 6, 2019, the Committee held a hearing entitled
``The Way Forward on Border Security.'' The Committee received
testimony from Kirstjen Nielsen, Secretary of Homeland
Security.
On March 26, 2019 the Subcommittee on Border Security,
Facilitation, and Operations held a hearing entitled ``The
Department of Homeland Security's Family Separation Policy:
Perspectives from the Border.'' The Subcommittee received
testimony from Jennifer Podkul, Director of Policy, Kids in
Need of Defense; Michelle Brane, Director for Migrant Rights
and Justice, Women's Refugee Commission; Dr. Julie M. Lintion,
Co-Chair, Immigrant Health Special Interest Group, American
Academy of Pediatrics; Tim Ballard, Founder and CEO, Operation
Underground Railroad.
On April 30, 2019 the Subcommittee on Border Security,
Facilitation, and Operations held a hearing entitled ``The
Impacts of Trump Policies on Border Communities.'' The
Subcommittee received testimony from Jon Barela, Chief
Executive Officer, The Borderplex Alliance; Efren Olivares,
Racial and Economic Justice Director, Texas Civil Rights
Project; Mark Seitz, Most Reverend Bishop, Catholic Diocese of
El Paso, Texas, U.S. Conference of Catholic Bishops; Mark
Napier, Sheriff of Pima County, Southwestern Border Sheriff's
Coalition.
On May 9, 2019, the Subcommittee on Border Security,
Facilitation, and Operations held a hearing entitled ``A Review
of the FY 2020 Budget Request for U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and U.S.
Citizenship and Immigration Services.'' The Subcommittee
received testimony from Robert E. Perez, Deputy Commissioner,
U.S. Customs and Border Protection; Matthew T. Albence, Acting
Director, U.S. Immigration and Customs Enforcement; Tracy
Renaud, Acting Deputy Director, U.S. Citizenship and
Immigration Services.
On May 22, 2019, the Committee held a hearing entitled ``A
Review of the Fiscal Year 2020 Budget Request for the
Department of Homeland Security.'' The Committee received
testimony from Kevin K. McAleenan, Acting Secretary of Homeland
Security.
On June 20, 2019, the Subcommittee on Border Security,
Facilitation, and Operations held a hearing entitled
``Examining the Department of Defense's Deployment to the U.S.-
Mexico Border.'' The Subcommittee received testimony from Carlo
Provost, Chief, U.S. Border Patrol, U.S. Customs and Border
Protection, Department of Homeland Security; Robert Salesses,
Deputy Assistant Secretary of Defense for Homeland Defense
Integration and Defense Support of Civil Authorities, Office of
the Under Secretary of Defense for Policy, Department of
Defense; Major General Michael T. McGuire, Adjutant General for
Arizona, Director, Arizona Department of Emergency and Military
Affairs.
Committee Consideration
The Committee met on July 17, 2019, with a quorum being
present, to consider H.R. 2203 and ordered the measure to be
reported to the House with a favorable recommendation, with
amendment, by a recorded vote of 16 yeas and 13 nays.
The following amendments were offered:
An amendment in the nature of a substitute offered by Mr.
Thompson was AGREED TO by a recorded vote of 16 yeas and 12
nays (Roll call Vote No. 9).
An amendment to the amendment in the nature of a substitute
offered by Mrs. Lesko was NOT AGREED TO by a recorded vote of
11 yeas and 16 nays (Roll call Vote No. 5).
On page 48, after line 5 insert the following new
paragraphs:
``(4) Impact of U.S. Customs and Border Protection
rescue operations on migrant deaths.
``(5) Impact of Department of Defense support
operations on improving availability and response times
of U.S. Customs and Border Protection officers on the
border.'';
At the end of title II, insert the following new
section:
``Sec. 212 Penalty for Child Smuggling.--Any alien
interdicted by U.S. Border Patrol between ports of
entry who falsely claims that a child brought to the
United States is such alien's biological child or under
the alien's legal guardianship, shall be fined not more
than $10,000. The Secretary may use rapid DNA testing
or other appropriate methods to expeditiously verify
relationships.''; and Strike Section 205.
An amendment to the amendment in the nature of a substitute
offered by Mr. Joyce was NOT AGREED TO by a recorded vote of 11
yeas and 16 nays (Roll call Vote No. 6).
Strike Title I.
An amendment to the amendment in the nature of a substitute
offered by Mr. Higgins was NOT AGREED TO by a recorded vote of
11 yeas and 16 nays (Roll call Vote No. 7).
On page 19, after line 19 insert the following new
subsection ``(f) The filing of a complaint under this
section shall not confer immunity in any removal or
criminal proceeding against a complainant.'';
On page 23, line 10 insert ``border security,'' after
``law,'';
On page 46, after line 3 insert the following new
paragraphs:
``(4) the impact of transnational criminal
organizations conducting mass human smuggling
operations designed to exploit US immigration laws.'';
Strike Section 206;
Strike Section 208; and
Strike Section 304.
An amendment to the amendment in the nature of a substitute
offered by Mr. Green was NOT AGREED TO by a recorded vote of 12
yeas and 16 nays (Roll call Vote No. 8).
Strike Section 201;
Page 19, insert ``and shall keep confidential and
protect from public release the personally identifiable
information of any U.S. Department of Homeland Security
officers or employees, contractors, subcontractors, or
cooperating entity personnel included in a complaint'';
Page 28, after line 24 insert the following new
paragraph:
``(4) Managing officer and workforce wellness during
migrant surges.''; Page 30, after line 16 insert the
following new subparagraphs:
``(D) Innovations in border security technology,
including biometric capabilities and advanced sensors,
that improve agent effectiveness and apprehension
rates.
(E ) Advanced self-defense techniques.''; and
On page 47, after line 12 insert the following new
paragraph:
``(6) The extent to which natural barriers, border
terrain, smuggler abuse, duration of migrant travel,
and migrant health conditions on arrival in the United
States have contributed to such migrant deaths.''.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Committee on Homeland Security considered H.R. 2203 on
July 17, 2019 and took the following votes:
Ordering to be reported to the House with a favorable
recommendation
Roll No. 10
------------------------------------------------------------------------
Yeas Nays
------------------------------------------------------------------------
Mr. Thompson of Mississippi............... Mr. Rogers of Alabama
Mr. Langevin.............................. Mr. King of New York
Mr. Richmond.............................. Mr. McCaul
Mr. Payne................................. Mr. Katko
Miss Rice................................. Mr. Ratcliffe
Mr. Correa................................ Mr. Walker
Ms. Torres Small of New Mexico............ Mr. Higgins of Louisiana
Mr. Rose of New York...................... Mrs. Lesko
Ms. Underwood............................. Mr. Green of Tennessee
Ms. Slotkin............................... Mr. Taylor
Mr. Green of Texas........................ Mr. Crenshaw
Ms. Clarke of New York.................... Mr. Guest
Ms. Titus.................................
Mrs. Watson Coleman.......................
Ms. Barragan..............................
Mrs. Demings..............................
Total 16 13
------------------------------------------------------------------------
An amendment in the nature of a substitute offered by Mr.
Thompson
Roll No. 9
------------------------------------------------------------------------
Yeas Nays
------------------------------------------------------------------------
Mr. Thompson of Mississippi............... Mr. Rogers of Alabama
Mr. Langevin.............................. Mr. King of New York
Mr. Richmond.............................. Mr. Katko
Mr. Payne................................. Mr. Ratcliffe
Miss Rice................................. Mr. Walker
Mr. Correa................................ Mr. Higgins of Louisiana
Ms. Torres Small of New Mexico............ Mrs. Lesko
Mr. Rose of New York...................... Mr. Green of Tennessee
Ms. Underwood............................. Mr. Joyce
Ms. Slotkin............................... Mr. Taylor
Mr. Green of Texas........................ Mr. Crenshaw
Ms. Clarke of New York.................... Mr. Guest
Ms. Titus.................................
Mrs. Watson Coleman.......................
Ms. Barragan..............................
Mrs. Demings..............................
Total 16 12
------------------------------------------------------------------------
An amendment to the amendment in the nature of a substitute
offered by Mrs. Lesko
Roll No. 5
------------------------------------------------------------------------
Yeas Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama..................... Mr. Thompson of Mississippi
Mr. King of New York...................... Ms. Jackson Lee
Mr. Katko................................. Mr. Langevin
Mr. Walker................................ Mr. Payne
Mr. Higgins of Louisiana.................. Miss Rice
Mrs. Lesko................................ Mr. Correa
Mr. Green of Tennessee.................... Ms. Torres Small of New
Mexico
Mr. Taylor................................ Mr. Rose of New York
Mr. Joyce................................. Ms. Underwood
Mr. Crenshaw.............................. Ms. Slotkin
Mr. Guest................................. Mr. Green of Texas
Ms. Clarke of New York
Ms. Titus
Mrs. Watson Coleman
Ms. Barragan
Mrs. Demings
Total 11 16
------------------------------------------------------------------------
An amendment to the amendment in the nature of a substitute
offered by Mr. Joyce
Roll No. 6
------------------------------------------------------------------------
Yeas Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama..................... Mr. Thompson of Mississippi
Mr. King of New York...................... Ms. Jackson Lee
Mr. Katko................................. Mr. Langevin
Mr. Walker................................ Mr. Payne
Mr. Higgins of Louisiana.................. Miss Rice
Mrs. Lesko................................ Mr. Correa
Mr. Green of Tennessee.................... Ms. Torres Small of New
Mexico
Mr. Taylor................................ Mr. Rose of New York
Mr. Joyce................................. Ms. Underwood
Mr. Crenshaw.............................. Ms. Slotkin
Mr. Guest................................. Mr. Green of Texas
Ms. Clarke of New York
Ms. Titus
Mrs. Watson Coleman
Ms. Barragan
Mrs. Demings
Total 11 16
------------------------------------------------------------------------
An amendment to the amendment in the nature of a substitute
offered by Mr. Higgins
Roll No. 7
------------------------------------------------------------------------
Yeas Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama..................... Mr. Thompson of Mississippi
Mr. King of New York...................... Ms. Jackson Lee
Mr. Katko................................. Mr. Langevin
Mr. Walker................................ Mr. Payne
Mr. Higgins of Louisiana.................. Miss Rice
Mrs. Lesko................................ Mr. Correa
Mr. Green of Tennessee.................... Ms. Torres Small of New
Mexico
Mr. Taylor................................ Mr. Rose of New York
Mr. Joyce................................. Ms. Underwood
Mr. Crenshaw.............................. Ms. Slotkin
Mr. Guest................................. Mr. Green of Texas
Ms. Clarke of New York
Ms. Titus
Mrs. Watson Coleman
Ms. Barragan
Mrs. Demings
Total 11 16
------------------------------------------------------------------------
An amendment to the amendment in the nature of a substitute
offered by Mr. Green of Tennessee
Roll No. 8
------------------------------------------------------------------------
Yeas Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama..................... Mr. Thompson of Mississippi
Mr. King of New York...................... Mr. Langevin
Mr. Katko................................. Mr. Richmond
Mr. Ratcliffe............................. Mr. Payne
Mr. Walker................................ Miss Rice
Mr. Higgins of Louisiana.................. Mr. Correa
Mrs. Lesko................................ Ms. Torres Small of New
Mexico
Mr. Green of Tennessee.................... Mr. Rose of New York
Mr. Taylor................................ Ms. Underwood
Mr. Joyce................................. Ms. Slotkin
Mr. Crenshaw.............................. Mr. Green of Texas
Mr. Guest................................. Ms. Clarke of New York
Ms. Titus
Mrs. Watson Coleman
Ms. Barragan
Mrs. Demings
Total 12 16
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 3256 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
The goals and objectives of H.R. 2203 include helping to
alleviate the humanitarian crisis at the southern border,
improve oversight of the Department of Homeland Security's
border security and immigration operations, authorize an
independent investigation of the handling of children and
migrant families by the Trump Administration, institute new
trainings, and put an end to harmful policies, like family
separation, metering, and the Remain in Mexico Protocol.
Advisory on Earmarks
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Homeland Security Improvement Act''.
Title I--National Commission To Investigate the Treatment of the
Migrant Families and Children by the Trump Administration
Sec. 101. Establishment of Commission
This section requires the establishment of ``The National
Commission to Investigate the Treatment of Migrant Families and
Children By the Trump Administration'' in the legislative
branch.
Sec. 102. Purposes
The purposes of the Commission are to (1) examine the
handling of migrant families and children by CBP that were
apprehended since 2017; (2) ascertain, evaluate, and report on
the evidence developed by other governmental agencies regarding
the facts and circumstances surrounding the handling by of
migrant families and children by HHS and DHS; (3) build upon
the investigations of other entities, such as the Office of
Inspector General, among other things; (4) make a full and
complete accounting of the handling of migrant families and
children; and (5) report to the President and Congress on
findings, conclusions, and recommendations for corrective
measures.
Sec. 103. Composition of Commission; qualifications
This section requires that the Commission be made of up 10
members that will be appointed by senior leadership in the
House of Representatives and Senate.
The Commission shall be comprised of individuals with
expertise and experience in the fields of immigration law,
public health, child welfare, civil rights, a local
representative of a humanitarian organization, and a local
official from a southern border community.
Sec. 104. Functions of Commission
The functions of the Commission are to: (1) investigate
relevant facts and circumstances relating to the handling of
the migrant families and children apprehended on the southern
border, (2) identify, review and evaluate lessons learned from
the handling of migrants, and (3) submit reports with findings,
conclusions and recommendations to the President and Congress.
Sec. 105. Powers of Commission
The Commission may hold hearings and require by subpoena
testimony and document productions. A subpoena may be issued by
agreement of the chairman and vice chairman or the affirmative
vote of 6 members of the Commission. Enforcement actions
include contempt of court, among others.
This section also allows that departments and agencies may
provide to the Commission services, funds, facilities, staff,
and other support services.
Sec. 106. Public meetings and release of public version of reports
This section requires that the Commission shall hold public
hearings, meetings, and release public versions of the report
submitted to the President and Congress.
Section 107. Staff of Commission
This section allows the Commission to compensate a staff
director and other personnel to carry out the Commission's
functions. Additionally, any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission. Further, the Commission is also authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code.
Sec. 108. Compensation and travel expenses
Each member of the Commission may be compensated for each
day during which that member is engaged in the performance of
duties of the Commission.
Sec. 109. Security clearances for Commission members and staff
This section requires that the appropriate federal agencies
cooperate with the Commission to expeditiously provide members
and staff security clearances.
Sec. 110. Reports of Commission; termination
This section provides that the Commission may submit to the
President and Congress interim reports containing findings,
conclusions, and recommendations for corrective measures agreed
upon by the Commission members.
Not later than 18 months after the date of the enactment of
the Act, the Commission shall submit to the President and
Congress a final report containing findings, conclusions, and
recommendations for corrective measures agreed to by the
Commission.
This section also requires that after 60 days of report
issuance, the Commission shall terminate.
Sec. 111. Funding
This section authorizes $3 million for purposes of carrying
out the Commission.
Title II--Ombudsman, Border Community Liaisons, Training and Management
Sec. 201. Establishment of the office of Ombudsman for Border and
Immigration Related Concerns
This section amends the Homeland Security Act of 2002 to
require--
(a) the Secretary of Homeland Security appoint an
Ombudsman for Border and Immigration Related Concerns
who will be independent of Department agencies,
officers; report directly to the Secretary; and have a
background in immigration, civil rights, and law
enforcement.
(b) the Ombudsman to establish an independent,
neutral, and confidential process to receive,
investigate, resolve and provide redress for
complaints, grievances, or requests for assistance
regarding DHS border security activities; and make
recommendations to the Secretary to address chronic
concerns in border security and enforcement activities.
(c) the Secretary to submit a report prepared by the
Ombudsman to the Homeland Security and Judiciary
Committees in the House and Senate on (1) the number of
complaints received in the period, with additional
information such as whether the complaint was made
against CBP or ICE personnel; (2) the number of
investigations commenced, carried out; and (3) the
number of complaints resolved in the period.
(d) that no later than 30 days after receiving the
report from the Ombudsman, the Secretary shall publish
the report on DHS's website.
Sec. 202. Establishment of border community stakeholder advisory
committee
This section amends the Homeland Security Act of 2002 to
require--
(a) the Secretary of Homeland Security establish a
border community stakeholder advisory committee within
the Department;
(b) the Secretary to consult with the Advisory
Committee on border security and immigration
enforcement matters; the Committee to develop
recommendations regarding policies, protocols, programs
and rulemaking pertaining to border security and
immigration enforcement that may impact border
communities; and the Advisory Committee shall submit to
the Secretary an annual report on the activities,
findings and recommendations of the Committee; and
(c) not later than 90 days after enactment that the
Secretary appoint members of the Advisory Committee.
Membership shall consist of a border community
stakeholder from each of the nine Border Patrol sectors
and three individuals with experience in immigration
law, civil rights and civil liberties. Each member
shall serve two years, may be reappointed, and may be
removed for cause.
The committee is not subject to the Federal Advisory
Committee Act (5 U.S.C. App.) and ``border community
stakeholder'' is defined as any individual that has ownership
interests or resides on the land borders of the United States
that has not taken a position on the Administration's border
security and immigration enforcement actions.
Sec. 203. Training and continuing education
This section requires that the Secretary of Homeland
Security establish policies and guidelines to ensure that
agents and officers of CBP and ICE receive 20 weeks of training
related to the mission and 40 hours of training and continuing
education annually thereafter.
This section also requires that the Secretary establish
policies and guidelines governing the training and continuing
education of CBP and ICE agents and officers regarding
accountability, ethical conduct, and oversight. The training
shall address: 1) community relations, including best practices
in community policing and carrying out enforcement actions near
sensitive locations; 2) limiting location of enforcement and
cooperation with local law enforcement; 3) interaction with
vulnerable populations; and 4) standards of professional
conduct.
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 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
This section requires that no later than 60 days after the
enactment of the Act, the Secretary of Homeland Security submit
a plan 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
for requiring the use of body worn cameras by Border Patrol
agents and ICE officers when engaged in border security or
immigration enforcement activities.
The section also requires that the plan include (1)
benchmarks for implementation; (2) policies, procedures and
training; and (3) mechanisms for enforcement of body-worn
camera policies.
Sec. 205. Limitation on the separation of families
This section prohibits the separation of child from a
parent, legal guardian, or family member, at or near the port
of entry or within 100 miles of a border of the United States
unless (1) a State court or (2) a State or county welfare
agency determines that it is in the best interests of the
child.
This section provides a penalty of $10,000 to anyone who
knowingly separates a child from his or her parent, legal
guardian, or family member.
Sec. 206. Prohibition on exceeding 72 hours in short term detention
This section requires the Secretary of Homeland Security
ensure that each individual apprehended by CBP is released,
paroled or transferred to an appropriate facility no later than
72 hours after an apprehension except for exigent
circumstances, such as a natural disaster. The Secretary is
required to inform 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 within 3 days of determining exigent circumstances exist
and provide information on when any impacted individuals will
be released, paroled, or transferred.
Sec. 207. Electronic tracking
This section requires the DHS and HHS Secretaries to
establish an electronic tracking system that is accessible to
CBP, ICE and ORR agents and officials; and shall be used to
track the location of a child who has been removed from their
parent or legal guardian.
This section also requires that each separated child shall
receive a tracking number that is transferrable and can be
easily shared.
Sec. 208. Preventing implementation of anti-asylum access interim final
Rule; termination of remain in Mexico protocol and metering
policy
This section requires that the interim final rule published
in the Federal Register on July 16, 2019 restricting
eligibility for aliens seeking asylum not be implemented,
enforced or otherwise carried out.
This section requires that no later than 30 days after
enactment of the Act, the Migrant Protection Protocols
announced on December 20, 2018 and CBP's metering policy are to
be terminated.
For purposes of increasing processing capacity at ports of
entry, this section requires that every fiscal year, CBP hire,
train, and assign at least 600 new officers above the prior
fiscal year level until the total number of officers equals the
requirements identified in the agency's Workload Staffing
Model. In developing the Workload Staffing Model, CBO is to
rely on data collected regarding inspections and other
activities conducted at each port of entry and take into
consideration increases in volume associated with individuals
from El Salvador, Guatemala, and Honduras seeking asylum and
seasonal surges.
This section requires that every fiscal year CBP hire,
train and assign 30 new investigators to the Office of
Professional Responsibility to fulfill its mission of
investigating any misconduct within the CBP workforce.
Sec. 209. Surge support for care of families and unaccompanied children
This section requires that no later than 60 days after
enactment of the Act, the Secretary of Homeland Security enter
into a memoranda of understanding with appropriate Federal
agencies and applicable government relief services; and
contracts with state-licensed, vetted, and qualified
contractors for providing care for individuals apprehended on
the southern border since 2017.
This section requires that the Secretary ensure that the
memoranda of understanding and contracts ensures core capacity
within DHS to provide adequate care for individuals in short-
term detention that includes physicians and nurses, among
others.
CBP is authorized to hire and train a processing
coordinator to operate within Border Patrol stations to
facilitate the memoranda of understanding, perform
administrative tasks, transport individuals in custody, and
perform custodial watch duties of individuals in custody who
have been admitted to a hospital.
This section requires that beginning 90 days after
enactment of the Act, the Secretary submit a monthly report to
appropriate congressional committees on the memoranda of
understanding and contracts to include information on
deployment of the physicians and nurse practitioner specialists
with each border sector.
Sec. 210. Port of entry temporary duty assignments
This section requires that not later than 60 days after
enactment of the Act, CBP issue a report to the appropriate
congressional committees on the number of temporary duty
assignments of CBP officers and support personnel from a port
of entry to a temporary duty assignment in response to the
Northern Triangle Migrant Surge.
This section requires that no later than 10 days before
redeploying employees from one port of entry to another, the
CBP Commissioner shall notify impacted facilities of the
intended redeployments. It also requires that the CBP
Commissioner brief all affected CBP 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
This section requires that no CBP or ICE officer or agent
place physical restraints on a woman in custody of DHS who is
pregnant or in post-delivery recuperation. Except if (1) a
supervisory official determines that the woman is a serious
flight risk or poses threat to harm herself or others; or (2) a
medical professional determines that the use of therapeutic
restrains is necessary for the medical safety of the woman.
This section requires that if a pregnant woman is
restrained, only the safest and least restrictive restraints
may be used. Restraints may not be used on a woman who is in
labor or delivery nor may the restraints result in the woman
being face-down, on her back, or restrained so that the belt
constricts the area of the pregnancy.
This section requires that if a woman is restrained, the
supervisory official shall document in the Departmental records
the basis for the restraints.
Title III--Oversight
Sec. 301. GAO report on the extent of CBP activities, operations, and
claimed authority
This section requires that not later than one year after
the date of enactment, the Comptroller General shall submit a
report 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
that assesses (1) how far into the U.S. interior the current
activities, operations, and claimed authority of CBP extend;
(2) the extent that this claimed authority is necessary; and
(3) the effectiveness of CBP's interior enforcement and its
impact on civil, constitutional, and private property rights.
Sec. 302. Migrant deaths reporting
This section requires that not later than 24 hours after a
migrant death, the Secretary of Homeland Security report a
migrant 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.
It also requires that no later than 180 days after the date
of the enactment of the Act, the Commissioner of CBP and the
Director of ICE jointly submit to the Comptroller General and
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 including information on (1) the total number of
migrant deaths; (2) a geographical breakdown of where such
deaths occur; (3) to the extent possible, the cause of death;
and (4) a detailed description of programs or plans to reduce
the number of deaths along the border.
This section requires that not later than one year after
the submission of the first migrant death report, the
Comptroller General publish a review on the extent to which ICE
and CBP have (1) adopted measures to reduce migrant deaths; (2)
the effectiveness of its efforts to reduce migrant deaths; (3)
collected data and information sharing as well as cooperation
between CBP, ICE, and local and State law enforcement, among
others, to identify deceased individuals and notify family
members.
Sec. 303. Review of the use of force
This section requires that not later than one year after
the date of enactment of the Act, the Comptroller General
examine the extent to which ICE and CBP have trained their
workforces regarding use of force policies, including (1)
implementation of new training to improve use of force
policies; (2) identified additional or alternative weapons and
equipment to improve de-escalation confrontation; and (3)
established metrics to track the effectiveness of use of force
training to ensure all incidents of use of force was justified.
Sec. 304. Accountability and transparency within the border zone
This section requires that that a law enforcement official
who initiates a patrol stop or who detains any individual
beyond a brief or limited inquiry record the following: (1) the
date, time, and location of the contact; (2) the official's
basis for the contact; (3) the identifying characteristics of
the individual; (4) the duration of the stop; (5) a description
of articulable facts or behavior that justify initiating the
contact; (6) a description of any items seized; (7) whether any
arrest, detention, warning, or citation resulted; (8) the
immigration status of the individual; (9) the means of
communication used if the individual's primary language is not
English; and (10) if the contact occurred at a location
proximate to a place of worship, school, or courthouse, among
others; and (11) why that location was chosen.
This section requires that not later than one year after
the enactment of the Act, the Comptroller General conduct an
audit of the data compiled and submit a report to Congress to
determine whether law enforcement officials are complying with
the patrol stop data collection requirements.
This section requires that not later than 180 days after
the enactment of the Act, the CBP Commissioner submit to the
Committee on Homeland Security and the Committee on Homeland
Security and Governmental Affairs of the Senate a plan to
address 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.
This section requires that not later than on year after the
date of the enactment of the Act, the Secretary of Homeland
Security submit a report to Congress on the data compiled under
this section. The report shall be made available to the public
except if the Secretary (1) invokes an exemption in 552(b) of
title 5, United States Code; and (2) provides a written
explanation.
Sec. 305. Audit and inspections of detention facilities
This section requires that the DHS Inspector General and
the Comptroller General carry out regular audits and
inspections, including unannounced audits and inspections of
apprehension processes and facilities operated to detain or
otherwise house individuals in custody of DHS.
This section requires that the Commissioner of CBP may not
(1) prevent a Member of Congress or an employee of the House or
Senate from entering a facility for the purposes of conducting
oversight.
This section requires that the DHS Inspector General,
Comptroller General, Member of Congress, or employee of the
House or Senate be authorized to take photographs, video, or
audio recordings of conditions in a facility but may not
publish those without permission if there is personally
identifiable information.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
[435. Maritime operations coordination plan.
[436. Maritime security capabilities assessments.]
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. 438. Establishment of Border Community Stakeholder Advisory
Committee.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION;
COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL
OFFICES.
(a) In General.--There is established in the Department an
agency to be known as U.S. Customs and Border Protection.
(b) Commissioner of U.S. Customs and Border Protection.--
(1) In general.--There shall be at the head of U.S.
Customs and Border Protection a Commissioner of U.S.
Customs and Border Protection (in this section referred
to as the ``Commissioner'').
(2) Committee referral.--As an exercise of the
rulemaking power of the Senate, any nomination for the
Commissioner submitted to the Senate for confirmation,
and referred to a committee, shall be referred to the
Committee on Finance.
(c) Duties.--The Commissioner shall--
(1) coordinate and integrate the security, trade
facilitation, and trade enforcement functions of U.S.
Customs and Border Protection;
(2) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
(3) facilitate and expedite the flow of legitimate
travelers and trade;
(4) direct and administer the commercial operations
of U.S. Customs and Border Protection, and the
enforcement of the customs and trade laws of the United
States;
(5) detect, respond to, and interdict terrorists,
drug smugglers and traffickers, human smugglers and
traffickers, and other persons who may undermine the
security of the United States, in cases in which such
persons are entering, or have recently entered, the
United States;
(6) safeguard the borders of the United States to
protect against the entry of dangerous goods;
(7) ensure the overall economic security of the
United States is not diminished by efforts, activities,
and programs aimed at securing the homeland;
(8) in coordination with U.S. Immigration and Customs
Enforcement and United States Citizenship and
Immigration Services, enforce and administer all
immigration laws, as such term is defined in paragraph
(17) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)), including--
(A) the inspection, processing, and admission
of persons who seek to enter or depart the
United States; and
(B) the detection, interdiction, removal,
departure from the United States, short-term
detention, and transfer of persons unlawfully
entering, or who have recently unlawfully
entered, the United States;
(9) develop and implement screening and targeting
capabilities, including the screening, reviewing,
identifying, and prioritizing of passengers and cargo
across all international modes of transportation, both
inbound and outbound;
(10) in coordination with the Secretary, deploy
technology to collect the data necessary for the
Secretary to administer the biometric entry and exit
data system pursuant to section 7208 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b);
(11) enforce and administer the laws relating to
agricultural import and entry inspection referred to in
section 421;
(12) in coordination with the Under Secretary for
Management of the Department, ensure U.S. Customs and
Border Protection complies with Federal law, the
Federal Acquisition Regulation, and the Department's
acquisition management directives for major acquisition
programs of U.S. Customs and Border Protection;
(13) ensure that the policies and regulations of U.S.
Customs and Border Protection are consistent with the
obligations of the United States pursuant to
international agreements;
(14) enforce and administer--
(A) the Container Security Initiative program
under section 205 of the Security and
Accountability for Every Port Act of 2006 (6
U.S.C. 945); and
(B) the Customs-Trade Partnership Against
Terrorism program under subtitle B of title II
of such Act (6 U.S.C. 961 et seq.);
(15) conduct polygraph examinations in accordance
with section 3(1) of the Anti-Border Corruption Act of
2010 (Public Law 111-376; 124 Stat. 4105);
(16) establish the standard operating procedures
described in subsection (k);
(17) carry out the training required under subsection
(l);
(18) carry out section 418, relating to the issuance
of Asia-Pacific Economic Cooperation Business Travel
Cards; and
(19) carry out other duties and powers prescribed by
law or delegated by the Secretary.
(d) Deputy Commissioner.--There shall be in U.S. Customs and
Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of U.S. Customs and Border
Protection.
(e) U.S. Border Patrol.--
(1) In general.--There is established in U.S. Customs
and Border Protection the U.S. Border Patrol.
(2) Chief.--There shall be at the head of the U.S.
Border Patrol a Chief, who shall--
(A) be at the level of Executive Assistant
Commissioner within U.S. Customs and Border
Protection; and
(B) report to the Commissioner.
(3) Duties.--The U.S. Border Patrol shall--
(A) serve as the law enforcement office of
U.S. Customs and Border Protection with primary
responsibility for interdicting persons
attempting to illegally enter or exit the
United States or goods being illegally imported
into or exported from the United States at a
place other than a designated port of entry;
(B) deter and prevent the illegal entry of
terrorists, terrorist weapons, persons, and
contraband; and
(C) carry out other duties and powers
prescribed by the Commissioner.
(f) Air and Marine Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an office known as Air and Marine
Operations.
(2) Executive assistant commissioner.--There shall be
at the head of Air and Marine Operations an Executive
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--Air and Marine Operations shall--
(A) serve as the law enforcement office
within U.S. Customs and Border Protection with
primary responsibility to detect, interdict,
and prevent acts of terrorism and the unlawful
movement of people, illicit drugs, and other
contraband across the borders of the United
States in the air and maritime environment;
(B) conduct joint aviation and marine
operations with U.S. Immigration and Customs
Enforcement;
(C) conduct aviation and marine operations
with international, Federal, State, and local
law enforcement agencies, as appropriate;
(D) administer the Air and Marine Operations
Center established under paragraph (4); and
(E) carry out other duties and powers
prescribed by the Commissioner.
(4) Air and marine operations center.--
(A) In general.--There is established in Air
and Marine Operations an Air and Marine
Operations Center.
(B) Executive director.--There shall be at
the head of the Air and Marine Operations
Center an Executive Director, who shall report
to the Executive Assistant Commissioner of Air
and Marine Operations.
(C) Duties.--The Air and Marine Operations
Center shall--
(i) manage the air and maritime
domain awareness of the Department, as
directed by the Secretary;
(ii) monitor and coordinate the
airspace for unmanned aerial systems
operations of Air and Marine Operations
in U.S. Customs and Border Protection;
(iii) detect, identify, and
coordinate a response to threats to
national security in the air domain, in
coordination with other appropriate
agencies, as determined by the
Executive Assistant Commissioner;
(iv) provide aviation and marine
support to other Federal, State,
tribal, and local agencies; and
(v) carry out other duties and powers
prescribed by the Executive Assistant
Commissioner.
(g) Office of Field Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Field Operations.
(2) Executive assistant commissioner.--There shall be
at the head of the Office of Field Operations an
Executive Assistant Commissioner, who shall report to
the Commissioner.
(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of U.S. Customs
and Border Protection at United States air, land, and
sea ports of entry to--
(A) deter and prevent terrorists and
terrorist weapons from entering the United
States at such ports of entry;
(B) conduct inspections at such ports of
entry to safeguard the United States from
terrorism and illegal entry of persons;
(C) prevent illicit drugs, agricultural
pests, and contraband from entering the United
States;
(D) in coordination with the Commissioner,
facilitate and expedite the flow of legitimate
travelers and trade;
(E) administer the National Targeting Center
established under paragraph (4);
(F) coordinate with the Executive Assistant
Commissioner for the Office of Trade with
respect to the trade facilitation and trade
enforcement activities of U.S. Customs and
Border Protection; and
(G) carry out other duties and powers
prescribed by the Commissioner.
(4) National targeting center.--
(A) In general.--There is established in the
Office of Field Operations a National Targeting
Center.
(B) Executive director.--There shall be at
the head of the National Targeting Center an
Executive Director, who shall report to the
Executive Assistant Commissioner of the Office
of Field Operations.
(C) Duties.--The National Targeting Center
shall--
(i) serve as the primary forum for
targeting operations within U.S.
Customs and Border Protection to
collect and analyze traveler and cargo
information in advance of arrival in
the United States to identify and
address security risks and strengthen
trade enforcement;
(ii) identify, review, and target
travelers and cargo for examination;
(iii) coordinate the examination of
entry and exit of travelers and cargo;
(iv) develop and conduct commercial
risk assessment targeting with respect
to cargo destined for the United
States;
(v) coordinate with the
Transportation Security Administration,
as appropriate;
(vi) issue Trade Alerts pursuant to
section 111(b) of the Trade
Facilitation and Trade Enforcement Act
of 2015; and
(vii) carry out other duties and
powers prescribed by the Executive
Assistant Commissioner.
(5) Annual report on staffing.--
(A) In general.--Not later than 30 days after
the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015,
and annually thereafter, the Executive
Assistant Commissioner shall submit to the
Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on Finance of the Senate a report on
the staffing [model] models for the Office of
Field Operations, including information on how
many supervisors, front-line U.S. Customs and
Border Protection officers, and support
personnel are assigned to each Field Office and
port of entry, and information concerning the
progress made toward meeting officer hiring
targets, while accounting for attrition.
(B) Form.--The report required under
subparagraph (A) shall, to the greatest extent
practicable, be submitted in unclassified form,
but may be submitted in classified form, if the
Executive Assistant Commissioner determines
that such is appropriate and informs the
Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on Finance of the Senate of the
reasoning for such.
(h) Office of Intelligence.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Intelligence.
(2) Assistant commissioner.--There shall be at the
head of the Office of Intelligence an Assistant
Commissioner, who shall report to the Commissioner.
(3) Duties.--The Office of Intelligence shall--
(A) develop, provide, coordinate, and
implement intelligence capabilities into a
cohesive intelligence enterprise to support the
execution of the duties and responsibilities of
U.S. Customs and Border Protection;
(B) manage the counterintelligence operations
of U.S. Customs and Border Protection;
(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as
appropriate, intelligence-sharing relationships
with Federal, State, local, and tribal agencies
and intelligence agencies;
(D) conduct risk-based covert testing of U.S.
Customs and Border Protection operations,
including for nuclear and radiological risks;
and
(E) carry out other duties and powers
prescribed by the Commissioner.
(i) Office of International Affairs.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of International
Affairs.
(2) Assistant commissioner.--There shall be at the
head of the Office of International Affairs an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of International Affairs, in
collaboration with the Office of Policy of the
Department, shall--
(A) coordinate and support U.S. Customs and
Border Protection's foreign initiatives,
policies, programs, and activities;
(B) coordinate and support U.S. Customs and
Border Protection's personnel stationed abroad;
(C) maintain partnerships and information-
sharing agreements and arrangements with
foreign governments, international
organizations, and United States agencies in
support of U.S. Customs and Border Protection's
duties and responsibilities;
(D) provide necessary capacity building,
training, and assistance to foreign customs and
border control agencies to strengthen border,
global supply chain, and travel security, as
appropriate;
(E) coordinate mission support services to
sustain U.S. Customs and Border Protection's
global activities;
(F) coordinate with customs authorities of
foreign countries with respect to trade
facilitation and trade enforcement;
(G) coordinate U.S. Customs and Border
Protection's engagement in international
negotiations;
(H) advise the Commissioner with respect to
matters arising in the World Customs
Organization and other international
organizations as such matters relate to the
policies and procedures of U.S. Customs and
Border Protection;
(I) advise the Commissioner regarding
international agreements to which the United
States is a party as such agreements relate to
the policies and regulations of U.S. Customs
and Border Protection; and
(J) carry out other duties and powers
prescribed by the Commissioner.
(j) Office of Professional Responsibility.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Professional
Responsibility.
(2) Assistant commissioner.--There shall be at the
head of the Office of Professional Responsibility an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of Professional
Responsibility shall--
(A) investigate criminal and administrative
matters and misconduct by officers, agents, and
other employees of U.S. Customs and Border
Protection;
(B) manage integrity-related programs and
policies of U.S. Customs and Border Protection;
(C) conduct research and analysis regarding
misconduct of officers, agents, and other
employees of U.S. Customs and Border
Protection; and
(D) carry out other duties and powers
prescribed by the Commissioner.
(k) Standard Operating Procedures.--
(1) In general.--The Commissioner shall establish--
(A) standard operating procedures for
searching, reviewing, retaining, and sharing
information contained in communication,
electronic, or digital devices encountered by
U.S. Customs and Border Protection personnel at
United States ports of entry;
(B) standard use of force procedures that
officers and agents of U.S. Customs and Border
Protection may employ in the execution of their
duties, including the use of deadly force;
(C) uniform, standardized, and publicly-
available procedures for processing and
investigating complaints against officers,
agents, and employees of U.S. Customs and
Border Protection for violations of
professional conduct, including the timely
disposition of complaints and a written
notification to the complainant of the status
or outcome, as appropriate, of the related
investigation, in accordance with section 552a
of title 5, United States Code (commonly
referred to as the ``Privacy Act'' or the
``Privacy Act of 1974'');
(D) an internal, uniform reporting mechanism
regarding incidents involving the use of deadly
force by an officer or agent of U.S. Customs
and Border Protection, including an evaluation
of the degree to which the procedures required
under subparagraph (B) were followed; and
(E) standard operating procedures, acting
through the Executive Assistant Commissioner
for Air and Marine Operations and in
coordination with the Office for Civil Rights
and Civil Liberties and the Office of Privacy
of the Department, to provide command, control,
communication, surveillance, and reconnaissance
assistance through the use of unmanned aerial
systems, including the establishment of--
(i) a process for other Federal,
State, and local law enforcement
agencies to submit mission requests;
(ii) a formal procedure to determine
whether to approve or deny such a
mission request;
(iii) a formal procedure to determine
how such mission requests are
prioritized and coordinated; and
(iv) a process regarding the
protection and privacy of data and
images collected by U.S. Customs and
Border Protection through the use of
unmanned aerial systems.
(2) Requirements regarding certain notifications.--
The standard operating procedures established pursuant
to subparagraph (A) of paragraph (1) shall require--
(A) in the case of a search of information
conducted on an electronic device by U.S.
Customs and Border Protection personnel, the
Commissioner to notify the individual subject
to such search of the purpose and authority for
such search, and how such individual may obtain
information on reporting concerns about such
search; and
(B) in the case of information collected by
U.S. Customs and Border Protection through a
search of an electronic device, if such
information is transmitted to another Federal
agency for subject matter assistance,
translation, or decryption, the Commissioner to
notify the individual subject to such search of
such transmission.
(3) Exceptions.--The Commissioner may withhold the
notifications required under paragraphs (1)(C) and (2)
if the Commissioner determines, in the sole and
unreviewable discretion of the Commissioner, that such
notifications would impair national security, law
enforcement, or other operational interests.
(4) Update and review.--The Commissioner shall review
and update every three years the standard operating
procedures required under this subsection.
(5) Audits.--The Inspector General of the Department
of Homeland Security shall develop and annually
administer, during each of the three calendar years
beginning in the calendar year that begins after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, an auditing mechanism to
review whether searches of electronic devices at or
between United States ports of entry are being
conducted in conformity with the standard operating
procedures required under subparagraph (A) of paragraph
(1). Such audits shall be submitted to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate and shall include the following:
(A) A description of the activities of
officers and agents of U.S. Customs and Border
Protection with respect to such searches.
(B) The number of such searches.
(C) The number of instances in which
information contained in such devices that were
subjected to such searches was retained,
copied, shared, or entered in an electronic
database.
(D) The number of such devices detained as
the result of such searches.
(E) The number of instances in which
information collected from such devices was
subjected to such searches and was transmitted
to another Federal agency, including whether
such transmissions resulted in a prosecution or
conviction.
(6) Requirements regarding other notifications.--The
standard use of force procedures established pursuant
to subparagraph (B) of paragraph (1) shall require--
(A) in the case of an incident of the use of
deadly force by U.S. Customs and Border
Protection personnel, the Commissioner to
notify the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Commissioner to provide to such
committees a copy of the evaluation pursuant to
subparagraph (D) of such paragraph not later
than 30 days after completion of such
evaluation.
(7) Report on unmanned aerial systems.--The
Commissioner 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 an annual report, for each of the three
calendar years beginning in the calendar year that
begins after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, that
reviews whether the use of unmanned aerial systems is
being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
(A) shall be submitted with the annual budget
of the United States Government submitted by
the President under section 1105 of title 31,
United States Code;
(B) may be submitted in classified form if
the Commissioner determines that such is
appropriate; and
(C) shall include--
(i) a detailed description of how,
where, and for how long data and images
collected through the use of unmanned
aerial systems by U.S. Customs and
Border Protection are collected and
stored; and
(ii) a list of Federal, State, and
local law enforcement agencies that
submitted mission requests in the
previous year and the disposition of
such requests.
(l) Training.--The Commissioner shall require all officers
and agents of U.S. Customs and Border Protection to participate
in a specified amount of continuing education (to be determined
by the Commissioner) to maintain an understanding of Federal
legal rulings, court decisions, and departmental policies,
procedures, and guidelines.
(m) Short-term Detention Standards.--
(1) Access to food and water.--The Commissioner shall
make every effort to ensure that adequate access to
food and water is provided to an individual apprehended
and detained at a United States port of entry or
between ports of entry as soon as practicable following
the time of such apprehension or during subsequent
short-term detention.
(2) Access to information on detainee rights at
border patrol processing centers.--
(A) In general.--The Commissioner shall
ensure that an individual apprehended by a U.S.
Border Patrol agent or an Office of Field
Operations officer is provided with information
concerning such individual's rights, including
the right to contact a representative of such
individual's government for purposes of United
States treaty obligations.
(B) Form.--The information referred to in
subparagraph (A) may be provided either
verbally or in writing, and shall be posted in
the detention holding cell in which such
individual is being held. The information shall
be provided in a language understandable to
such individual.
(3) Short-term detention defined.--In this
subsection, the term ``short-term detention'' means
detention in a U.S. Customs and Border Protection
processing center for 72 hours or less, before
repatriation to a country of nationality or last
habitual residence.
(4) Daytime repatriation.--When practicable,
repatriations shall be limited to daylight hours and
avoid locations that are determined to have high
indices of crime and violence.
(5) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of
the Trade Facilitation and Trade Enforcement Act of
2015, 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 on the procurement process and
standards of entities with which U.S. Customs and
Border Protection has contracts for the transportation
and detention of individuals apprehended by agents or
officers of U.S. Customs and Border Protection. Such
report should also consider the operational efficiency
of contracting the transportation and detention of such
individuals.
(6) Report on inspections of short-term custody
facilities.--The Commissioner shall--
(A) annually inspect all facilities utilized
for short-term detention; and
(B) make publicly available information
collected pursuant to such inspections,
including information regarding the
requirements under paragraphs (1) and (2) and,
where appropriate, issue recommendations to
improve the conditions of such facilities.
(n) Wait Times Transparency.--
(1) In general.--The Commissioner shall--
(A) publish live wait times for travelers
entering the United States at the 20 United
States airports that support the highest volume
of international travel (as determined by
available Federal flight data);
(B) make information about such wait times
available to the public in real time through
the U.S. Customs and Border Protection website;
(C) submit to the Committee on Homeland
Security and the Committee on Ways and Means of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
and the Committee on Finance of the Senate, for
each of the five calendar years beginning in
the calendar year that begins after the date of
the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, a report that
includes compilations of all such wait times
and a ranking of such United States airports by
wait times; and
(D) provide adequate staffing at the U.S.
Customs and Border Protection information
center to ensure timely access for travelers
attempting to submit comments or speak with a
representative about their entry experiences.
(2) Calculation.--The wait times referred to in
paragraph (1)(A) shall be determined by calculating the
time elapsed between an individual's entry into the
U.S. Customs and Border Protection inspection area and
such individual's clearance by a U.S. Customs and
Border Protection officer.
(o) Other Authorities.--
(1) In general.--The Secretary may establish such
other offices or positions of Assistant Commissioners
(or other similar officers or officials) as the
Secretary determines necessary to carry out the
missions, duties, functions, and authorities of U.S.
Customs and Border Protection.
(2) Notification.--If the Secretary exercises the
authority provided under paragraph (1), the Secretary
shall notify the Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Finance
of the Senate not later than 30 days before exercising
such authority.
(p) Reports to Congress.--The Commissioner shall, on and
after the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, continue to submit to the
Committee on Homeland Security and the Committee on Ways and
Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Finance of the Senate any report required, on the day before
such date of enactment, to be submitted under any provision of
law.
(q) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the authority, existing on
the day before the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, of any other
Federal agency or component of the Department.
(r) Definitions.--In this section, the terms ``commercial
operations'', ``customs and trade laws of the United States'',
``trade enforcement'', and ``trade facilitation'' have the
meanings given such terms in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015.
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
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.
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.
* * * * * * *
MINORITY VIEWS
The majority is rushing H.R. 2203 to the House floor at the
urging of the Speaker. This partisan bill is riddled with
absurd policy provisions that undermine border security,
endanger the lives of children, malign law enforcement
officers, and threaten the safety of our communities. Worst of
all, the bill does nothing to address the root cause of the
border crisis: our broken immigration system.
In an effort to quickly ram H.R. 2203 through the
Committee, the majority violated rules which require Members be
provided the legislation 48 hours in advance of its
consideration. A new amendment in the nature of a substitute to
H.R. 2203 was not provided to Members of the Committee until
late in the afternoon on July 16th, just a few hours before the
markup on the morning of July 17th. This new amendment heavily
modified every substantive provision of the bill and added
several new provisions. Ranking Member Rogers raised a point of
order against the amendment's consideration and Chairman
Thompson sustained that point of order. Chairman Thompson then
invoked House rules to force consideration of the amendment.
U.S. Customs and Border Protection (CBP) and U.S.
Immigration and Customs Enforcement (ICE) have repeatedly
informed the Committee and the public that criminals are
telling migrants in Central America to use children as
``visas'' because an accompanying child will help expedite the
migrant's release into the interior of the United States. This
propaganda encourages smuggling and trafficking of migrant
children. Rather than providing law enforcement the tools to
end the scourge of child smuggling, H.R. 2203 appallingly
exacerbates the problem. The bill appears to undermine the
ability of trained federal law enforcement officers to remove
minors from suspected human traffickers, smugglers, and other
harmful criminals. Under section 205 of the bill, only state
courts or welfare agencies are authorized to remove a child
parent or family member (defined in the bill to include
cousins). The bill does not contemplate that the parent or
family member may be fraudulently posing as a parent or legal
guardian of the minor when in fact they are a smuggler. In May
2019, DHS federal law enforcement officers caught a Honduran
man trying to enter the country with an unrelated 6 month-old
infant. Had this bill then been law, that 6 month-old infant
may have remained in the hands of a smuggler and in immediate
danger until a state court could rule on the matter.
H.R. 2203 doubles down on catch and release policies that
undermine the safety of our communities. The bill expressly
authorizes CBP the option to release migrants in their custody
after 72 hours regardless of whether they've been screened to
determine criminal history. Mass releases created by this
provision could overwhelm border communities and fully degrade
DHS' ability to maintain order along the southwest border. It
will also empower smuggler propaganda and fuel more waves of
migrants to attempt dangerous border crossings.
Compounding the problem, H.R. 2203 terminates the Migrant
Protection Protocol (MPP) with Mexico. This important program
launched by DHS in December 2018, has helped alleviate
dangerous overcrowding at our ports of entry and provided
migrants with a fair and orderly process to request asylum. The
bill goes even further by forcing CBP to grant entry to every
single migrant that presents at U.S. ports of entry regardless
of facility capacity.
H.R. 2203 deliberately slows DHS border security and
enforcement operations on and near the border by requiring
federal, state, and local law enforcement officers to comply
with a dozen new administrative requirements for routine
traffic stops or encounters. Officers conduct hundreds of these
encounters on a daily basis across the United States. This
provision appears designed to shut down border and immigration
enforcement operations by drowning law enforcement in
paperwork. Law enforcement operations are further hindered by
the bill's duplicative training mandates on ICE and CBP
officers that would take them off the line of duty for several
days when the agencies are already experiencing staffing
shortages.
H.R. 2203 assumes the worst about the men and women of
Customs and Border Protection. Its array of new mandates are
designed to second-guess officers and insert open-border
activists into the law enforcement process. Most notably, the
bill creates an extra-judicial and unconstitutional Office of
the Ombudsman. The office is designed to investigate complaints
made by migrants against officers and unilaterally provide
whatever remedies the office deems appropriate. The office's
complaint process includes no privacy or due process
protections for DHS personnel wrongly or frivolously accused of
wrongdoing. The office's nebulously drafted ``redress''
authority could include adjustment of immigration status or
monetary damages outside of those contemplated by the
Constitution or federal law.
H.R. 2203 creates a partisan investigative commission that
undermines Congress' Article I responsibility to oversee the
executive. The commission is stacked with Democrat-picked
commissioners empowered to ``investigate'' President Trump's
handling of the border crisis. 6 of 10 members would be
Democrats, with the Chairman appointed by the Speaker.
Commissioners are not required to have the any border security
or law enforcement experience. The commission's scope and
mission presuppose answers to complex questions and ignore the
impact of our broken immigration system on migrant flows. The
entire title represents an abdication of the Homeland Security
Committee's responsibility for oversight of the Department of
Homeland Security (DHS).
Finally, H.R. 2203 contains a number of prejudiced
reporting requirements, among them a lopsided report on migrant
deaths that ignores the role that smugglers, long journeys, and
rugged terrain can play in a migrant's health when they arrive
at our border. These biased reporting requirements ignore the
fundamental factor driving the current humanitarian and
national security crisis on our border: broken immigration
laws.
Each provision in H.R. 2203 is designed to restrict DHS'
from conducting its critical border security mission. Rather
than alleviating the crisis by reforming our broken immigration
system and providing law enforcement new authorities and
resources to secure our border, the bill exacerbates the crises
by enabling the transnational criminal organizations,
smugglers, and traffickers that endanger the safety and
security of migrants and American citizens.
Mike Rogers.
[all]