I 

118TH CONGRESS 

2D SESSION H. R. 10141 

To increase transparency, accountability, and community engagement within 

the Department of Homeland Security, to provide independent oversight 

of border security activities, to improve training for agents and officers 

of U.S. Customs and Border Protection, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2024 

Ms. ESCOBAR introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on 

Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To increase transparency, accountability, and community engagement within the Department of Homeland Security, 

to provide independent oversight of border security activities, to improve training for agents and officers of U.S. 

Customs and Border Protection, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Improvement Act’’. 


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1 SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 

2 (a) DEPARTMENT OF HOMELAND SECURITY BORDER

3 OVERSIGHT COMMISSION.— 

4 (1) ESTABLISHMENT.—There is established an 

5 independent commission, which shall be known as 

6 the ‘‘Department of Homeland Security Border 

7 Oversight Commission’’ (referred to in this Act as 

8 the ‘‘Commission’’). 

9 (2) ORGANIZATION.— 

10 (A) LEADERSHIP.—The Commission shall 

11 be led by a Chair and a Vice Chair. 

12 (B) MEMBERSHIP.— 

13 (i) IN GENERAL.—The Commission 

14 shall be composed of 30 members, who— 

15 (I) shall be appointed by the 

16 Speaker and the minority leader of 

17 the House of Representatives and the 

18 majority and minority leaders of the 

19 Senate, in consultation with the Presi20 dent; and 

21 (II) shall have expertise in migra22 tion, local crime indices, civil and 

23 human rights, community relations, 

24 cross-border trade and commerce, 

25 quality of life indicators, or other per26 tinent experience. 


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1 (ii) REGIONAL REPRESENTATION.—Of 

2 the 30 members appointed pursuant to 

3 clause (i)(I)— 

4 (I) 13 members shall be from the 

5 northern border region and shall com6 prise the northern border sub7 committee; and 

8 (II) 17 members shall be from 

9 the southern border region and shall 

10 comprise the southern border sub11 committee. 

12 (iii) NORTHERN BORDER SUB13 COMMITTEE.—Of the 13 members from 

14 the northern border region— 

15 (I) 2 shall be elected local gov16 ernment officials; 

17 (II) 2 shall be local law enforce18 ment officials; 

19 (III) 2 shall be civil rights advo20 cates; 

21 (IV) 1 shall represent the busi22 ness community; 

23 (V) 1 shall represent institutions 

24 of higher education; 


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1 (VI) 1 shall represent a faith 

2 community; 

3 (VII) 2 shall be U.S. Border Pa4 trol officers or agents, including at 

5 least 1 member of the National Bor6 der Patrol Council; and 

7 (VIII) 2 shall be tribal officials. 

8 (iv) SOUTHERN BORDER SUB9 COMMITTEE.—Of the 17 members from 

10 the southern border region— 

11 (I) 3 shall be elected local gov12 ernment officials; 

13 (II) 3 shall be local law enforce14 ment officials; 

15 (III) 3 shall be civil rights advo16 cates; 

17 (IV) 2 shall represent the busi18 ness community; 

19 (V) 1 shall represent institutions 

20 of higher education; 

21 (VI) 1 shall represent a faith 

22 community; 

23 (VII) 2 shall be U.S. Border Pa24 trol officers or agents, including at 


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1 least 1 member of the National Bor2 der Patrol Council; and 

3 (VIII) 2 shall be tribal officials. 

4 (v) CHAIR; VICE CHAIR.—The mem5 bers of the Commission shall elect a Chair 

6 and a Vice Chair from among its members 

7 by a majority vote of at least 16 members. 

8 (vi) TERMS OF SERVICE.—The Chair 

9 and the Vice Chair of the Commission 

10 shall serve 4-year terms in such positions. 

11 Members of the Commission shall also 

12 serve 4-year terms. 

13 (vii) APPOINTMENT DEADLINE.—Con14 gress shall make the initial appointments 

15 to the Commission not later than 180 days 

16 after the date of the enactment of this Act. 

17 (3) MEETINGS.— 

18 (A) COMMISSION.—The Commission shall 

19 meet at least semiannually and may convene 

20 additional meetings as necessary. 

21 (B) SUBCOMMITTEES.—The northern bor22 der and southern border subcommittees shall 

23 meet at least quarterly, and may convene addi24 tional meetings, as necessary. 


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1 (4) DUTIES.—The Commission, the northern 

2 border subcommittee, and the southern border sub3 committee shall— 

4 (A) develop recommendations for improve5 ments regarding border enforcement policies, 

6 strategies, and programs that take into consid7 eration their impact on border communities; 

8 (B) evaluate policies, strategies, and pro9 grams of Federal agencies operating along the 

10 northern and southern United States borders— 

11 (i) to protect— 

12 (I) due process; 

13 (II) the civil and human rights of 

14 border residents and visitors; and 

15 (III) private property rights of 

16 land owners; 

17 (ii) to reduce the number of migrant 

18 deaths; and 

19 (iii) to improve the safety of agents 

20 and officers of U.S. Customs and Border 

21 Protection and U.S. Immigration and Cus22 toms Enforcement; 

23 (C) develop recommendations for improve24 ments regarding the safety of agents and offi25 cers of U.S. Customs and Border Protection 


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1 and U.S. Immigration and Customs Enforce2 ment while such agents and officers are in the 

3 field; and 

4 (D) evaluate training and establish train5 ing courses related to— 

6 (i) management and leadership skills 

7 for supervisors in each U.S. Border Patrol 

8 sector, at each port of entry on the north9 ern and southern United States borders, 

10 and at each U.S. Immigration and Cus11 toms Enforcement field office; and 

12 (ii) the extent to which supervisory 

13 and management personnel practices at 

14 U.S. Customs and Border Protection and 

15 U.S. Immigration and Customs Enforce16 ment— 

17 (I) encourage and facilitate work18 force development for agents and offi19 cers; and 

20 (II) promote agent and officer 

21 field safety and post-Federal Law En22 forcement Training Center (referred 

23 to in this Act as ‘‘FLETC’’) training 

24 of border enforcement personnel in ac25 cordance with section 6. 


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1 (5) ADDITIONAL RESPONSIBILITIES.— 

2 (A) IN GENERAL.—In carrying out the du3 ties set forth in paragraph (4), the Commission 

4 shall take into consideration any recommenda5 tions and evaluations agreed upon by the north6 ern border subcommittee and the southern bor7 der subcommittee. 

8 (B) SUBCOMMITTEE REPORTS.—The 

9 northern border subcommittee and the southern 

10 border subcommittee shall each— 

11 (i) submit an annual report to the 

12 Chair and Vice Chair of the Commission 

13 that contains the recommendations and 

14 evaluations of the subcommittees referred 

15 to in paragraph (4); and 

16 (ii) make each such report available to 

17 the public. 

18 (6) PROHIBITION ON COMPENSATION.—Mem19 bers of the Commission may not receive pay, allow20 ances, or benefits from the Federal Government by 

21 reason of their service on the Commission or either 

22 of its subcommittees. 

23 (b) HEARINGS AND EVIDENCE.—The Commission or, 

24 on the authority of the Commission, any subcommittee or 

25 member of the Commission, may, for the purpose of carVerDate Sep 11 2014 21:52 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H10141.IH H10141

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1 rying out this Act, hold such hearings, and sit and act 

2 at such times and places, take such testimony, receive 

3 such evidence, and administer such oaths as the Commis4 sion or such designated subcommittee or designated mem5 ber determines necessary to carry out its duties under sub6 section (a)(4). 

7 (c) SAVINGS PROVISION.—Nothing in this Act may 

8 be construed as affecting the investigative and disciplinary 

9 procedures of U.S. Customs and Border Protection, U.S. 

10 Immigration and Customs Enforcement, or the Depart11 ment of Homeland Security with respect to agents and 

12 officers of U.S. Customs and Border Protection or U.S. 

13 Immigration and Customs Enforcement. 

14 (d) REPORTS.— 

15 (1) ANNUAL REPORTS.—The Commission 

16 shall— 

17 (A) submit an annual report to the Sec18 retary of Homeland Security that contains in19 formation regarding the activities, findings, and 

20 recommendations of the Commission, including 

21 the northern border subcommittee and the 

22 southern border subcommittee, for the pre23 ceding year; and 

24 (B) make each such report available to the 

25 public. 


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1 (2) CONGRESSIONAL NOTIFICATION.—The Sec2 retary of Homeland Security shall brief the Com3 mittee on Homeland Security and Governmental Af4 fairs of the Senate, the Committee on the Judiciary 

5 of the Senate, the Committee on Homeland Security 

6 of the House of Representatives, and the Committee 

7 on the Judiciary of the House of Representatives re8 garding each report received under paragraph (1). 

9 SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS10 MAN FOR BORDER AND IMMIGRATION RE11 LATED CONCERNS. 

12 (a) IN GENERAL.—Subtitle A of title IV of the 

13 Homeland Security Act of 2002 (6 U.S.C. 202 et seq.) 

14 is amended by adding at the end the following new section: 

15 ‘‘SEC. 406. OMBUDSMAN FOR BORDER AND IMMIGRATION16 RELATED CONCERNS. 

17 ‘‘(a) IN GENERAL.—There shall be within the De18 partment an Ombudsman for Border and Immigration19 Related Concerns (referred to in this section as the ‘Om20 budsman’). The individual appointed as Ombudsman shall 

21 have a background in immigration or civil liberties law or 

22 law enforcement and shall report directly to the Secretary. 

23 ‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec24 retary shall take appropriate action to ensure the inde25 pendence of the Ombudsman’s office from other officers 


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1 or employees of the Department engaged in border secu2 rity or immigration activities. 

3 ‘‘(c) STAFFING.—The Secretary shall take appro4 priate action to ensure that the Ombudsman’s office is 

5 sufficiently staffed and resourced to carry out its duties 

6 effectively and efficiently. 

7 ‘‘(d) FUNCTIONS.—The Ombudsman shall— 

8 ‘‘(1) establish an independent, neutral, and ap9 propriately confidential process to receive, inves10 tigate, resolve, and provide redress, including immi11 gration relief, monetary damages, or any other ac12 tion determined appropriate, for complaints, griev13 ances, or requests for assistance from individuals, 

14 associations, and employers regarding the border se15 curity and immigration activities of the Department; 

16 ‘‘(2) conduct inspections of the facilities, includ17 ing privately owned or operated contract facilities, of 

18 U.S. Customs and Border Protection, U.S. Immigra19 tion and Customs Enforcement, and U.S. Citizen20 ship and Immigration Services; 

21 ‘‘(3) assist individuals and families who— 

22 ‘‘(A) have been victims of crimes com23 mitted by noncitizens present in the United 

24 States or of violence near the United States 

25 border; or 


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1 ‘‘(B) have been impacted by situations in 

2 which the Department has exercised force 

3 against an individual, including by use of a fire4 arm, electronic control weapon, explosive device, 

5 chemical agent, baton, projectile, blunt instru6 ment, body part, canine, or vehicle; 

7 ‘‘(4) identify areas in which individuals, associa8 tions, and employers have identified concerns with 

9 respect to interacting with U.S. Customs and Border 

10 Protection, U.S. Immigration and Customs Enforce11 ment, or U.S. Citizenship and Immigration Services; 

12 ‘‘(5) propose changes in the administrative 

13 practices of U.S. Customs and Border Protection, 

14 U.S. Immigration and Customs Enforcement, and 

15 U.S. Citizenship and Immigration Services to miti16 gate problems identified under this section; 

17 ‘‘(6) review, examine, and make recommenda18 tions regarding the border security and immigration 

19 and enforcement activities of U.S. Customs and Bor20 der Protection, U.S. Immigration and Customs En21 forcement, and U.S. Citizenship and Immigration 

22 Services; 

23 ‘‘(7) establish a uniform and standardized com24 plaint process regarding complaints against any indi25 vidual employed by U.S. Customs and Border ProVerDate Sep 11 2014 21:52 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H10141.IH H10141

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1 tection or U.S. Immigration and Customs Enforce2 ment for violations of standards of professional con3 duct that— 

4 ‘‘(A) requires the completion of an inde5 pendent review and investigation not later than 

6 1 year after the receipt of any such complaint; 

7 ‘‘(B) requires that complainants receive— 

8 ‘‘(i) written confirmation that their 

9 complaint was received not later than 60 

10 days after such receipt; and 

11 ‘‘(ii) a written summary regarding the 

12 outcome of such complaint not later than 

13 30 days after the completion of the review 

14 and investigation under subparagraph (A), 

15 including findings of fact, recommended 

16 action, and available redress; 

17 ‘‘(C) features— 

18 ‘‘(i) a centralized multilingual online 

19 complaint form that includes street ad20 dress, toll-free telephone number, and elec21 tronic mailbox address to permit an indi22 vidual to file an immigration or border-re23 lated complaint and submit supporting evi24 dence through the portal of choice of any 

25 such individual; and 


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1 ‘‘(ii) the posting of multilingual infor2 mation relating to such form at ports of 

3 entry and at U.S. Border Patrol interior 

4 checkpoints; 

5 ‘‘(D) includes procedures for referring 

6 complaints to the Office for Civil Rights and 

7 Civil Liberties, the Office of the Inspector Gen8 eral, or other appropriate agency of the Depart9 ment; 

10 ‘‘(E) establishes a publicly accessible na11 tional, standardized database capable of track12 ing and analyzing complaints and their resolu13 tion; and 

14 ‘‘(F) provides publicly accessible records, 

15 with copies of complaints, and their resolutions 

16 permanently preserved and available for inspec17 tion, while maintaining the confidentiality of 

18 complainants’ identities; and 

19 ‘‘(8) establish an online detainee locator system 

20 for individuals held in U.S. Customs and Border 

21 Protection custody. 

22 ‘‘(e) OTHER RESPONSIBILITIES.—In addition to the 

23 functions specified in subsection (d), the Ombudsman 

24 shall— 


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1 ‘‘(1) monitor the coverage and geographic allo2 cation of local offices of the Ombudsman, including 

3 appointing local ombudsmen for border and immi4 gration related concerns; 

5 ‘‘(2) evaluate and take personnel actions (in6 cluding dismissal) with respect to any employee of 

7 the Ombudsman; 

8 ‘‘(3) recommend disciplinary action, including 

9 contract termination, suspension, and debarment, or 

10 termination, suspension, and sanctions, to the appro11 priate departmental entity regarding any contractor 

12 proven to have violated departmental policies or pro13 cedures while executing any border security or immi14 gration activity; 

15 ‘‘(4) refer to the Inspector General of the De16 partment any complaints of the violation of depart17 mental policies or procedures by any Department 

18 employee relating to border security or immigration 

19 activity; and 

20 ‘‘(5) provide each complainant with a summary 

21 of the outcome of any action taken in response to a 

22 complaint, grievance, or request for assistance from 

23 such complainant, including any findings of fact, 

24 recommended action, and available redress. 

25 ‘‘(f) COMPLAINANTS.— 


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1 ‘‘(1) ELIGIBILITY.—Any interested party, in2 cluding a legal representative, may file a complaint 

3 through the complaint process established pursuant 

4 to subsection (d)(7). 

5 ‘‘(2) RETALIATORY ACTION PROHIBITED.— 

6 Complainants and other individuals identified in a 

7 complaint submitted under this section shall be pro8 tected from retaliatory action by law enforcement or 

9 by any officer of the United States based on the con10 tent of such complaint. No information contained in 

11 a complaint that is germane to such complaint may 

12 be used as evidence in any removal or criminal pro13 ceedings against the complainant or any individual 

14 identified in such complaint. 

15 ‘‘(3) NO EFFECT ON REMOVAL OR CRIMINAL

16 PROCEEDINGS.—Neither the filing of a complaint 

17 nor the contents of a complaint shall confer immu18 nity or otherwise impact any removal or criminal 

19 proceedings against a complainant or an individual 

20 identified in such complaint. 

21 ‘‘(4) PRIVACY.—No personally identifiable in22 formation related to an individual involved in a com23 plaint which would result in identification of such in24 dividual may be published. 


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1 ‘‘(5) ASSISTANCE.—All complainants shall re2 ceive full assistance from the Department in filing 

3 complaints, including language assistance, accom4 modations for disabilities, and accurate and com5 plete responses to their questions. 

6 ‘‘(g) REQUEST FOR INVESTIGATIONS.—The Ombuds7 man may request the Inspector General of the Department 

8 to conduct inspections, investigations, and audits related 

9 to compliance with subsections (d), (e), and (f). 

10 ‘‘(h) COORDINATION WITH DEPARTMENT COMPO11 NENTS.— 

12 ‘‘(1) IN GENERAL.—The Director of U.S. Citi13 zenship and Immigration Services, the Assistant 

14 Secretary of U.S. Immigration and Customs En15 forcement, and the Commissioner of U.S. Customs 

16 and Border Protection shall each establish proce17 dures to provide formal responses to recommenda18 tions submitted to such officials by the Ombudsman 

19 not later than 60 days after receiving such rec20 ommendations. 

21 ‘‘(2) ACCESS TO INFORMATION.—The Secretary 

22 shall establish procedures to provide the Ombuds23 man access to all departmental records that are nec24 essary to execute the responsibilities of the Ombuds25 man under subsection (d) or (e) not later than 60 


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1 days after the Ombudsman requests such informa2 tion. 

3 ‘‘(i) PUBLIC OUTREACH.—The Secretary shall— 

4 ‘‘(1) take all appropriate action to advise the 

5 public regarding the existence, duties, responsibil6 ities, and grievance processes of the Ombudsman’s 

7 office; and 

8 ‘‘(2) promulgate regulations to ensure— 

9 ‘‘(A) the public’s ability to file grievances 

10 with the Ombudsman’s office electronically; and 

11 ‘‘(B) that absent written permission of all 

12 affected parties, all documents submitted to the 

13 Ombudsman’s office are used solely by the Om14 budsman’s office to advance the purposes de15 scribed in this section. 

16 ‘‘(j) ANNUAL REPORTING.—Not later than June 30 

17 of each calendar year beginning after the date of the en18 actment of the Homeland Security Improvement Act, the 

19 Ombudsman shall submit a report to the Committee on 

20 Homeland Security and Governmental Affairs of the Sen21 ate, the Committee on the Judiciary of the Senate, the 

22 Committee on Homeland Security of the House of Rep23 resentatives, and the Committee on the Judiciary of the 

24 House of Representatives that includes— 


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1 ‘‘(1) the number and type of complaints re2 ceived under this section; 

3 ‘‘(2) the demographics of the complainants who 

4 filed such complaints; 

5 ‘‘(3) the results of the investigations conducted 

6 in response to such complaints, including violations 

7 of standards and any disciplinary actions taken; 

8 ‘‘(4) the identification of any complaint pat9 terns that could be prevented or reduced by policy 

10 training or practice changes; 

11 ‘‘(5) an inventory of complaints received under 

12 this section for which action has been taken and the 

13 period between the receipt of each such complaint 

14 and its resolution; 

15 ‘‘(6) an inventory of complaints received under 

16 this section for which action was not taken during 

17 the 1-year period immediately following the filing of 

18 such complaint, including the period during which 

19 each such complaint remained open, and the reason 

20 for failing to resolve each such complaint during 

21 such 1-year period; 

22 ‘‘(7) recommendations that the Ombudsman 

23 has made to improve the services and responsiveness 

24 of U.S. Citizenship and Immigration Services, U.S. 

25 Immigration and Customs Enforcement, and U.S. 


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1 Customs and Border Protection, and any responses 

2 received from each such component or the Depart3 ment regarding such recommendations; and 

4 ‘‘(8) any other information that the Ombuds5 man considers relevant to such report. 

6 ‘‘(k) ESTABLISHMENT OF BORDER COMMUNITIES LI7 AISON OFFICE.— 

8 ‘‘(1) IN GENERAL.—The Ombudsman, in con9 junction with the Office for Civil Rights and Civil 

10 Liberties of the Department, shall establish a Bor11 der Community Liaison Office (referred to in this 

12 subsection as the ‘Liaison Office’) in each U.S. Bor13 der Patrol sector on the northern and southern bor14 ders of the United States. 

15 ‘‘(2) PURPOSES.—Each Liaison Office shall— 

16 ‘‘(A) foster cooperation between the U.S. 

17 Border Patrol, U.S. Customs and Border Pro18 tection’s Office of Field Operations, U.S. Immi19 gration and Customs Enforcement, and border 

20 communities; 

21 ‘‘(B) consult with border communities re22 garding the development of policies, directives, 

23 and programs of the U.S. Border Patrol and 

24 the Office of Field Operations and U.S. Immi25 gration and Customs Enforcement; and 


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1 ‘‘(C) receive feedback from border commu2 nities regarding the performance of the U.S. 

3 Border Patrol, the Office of Field Operations, 

4 and U.S. Immigration and Customs Enforce5 ment. 

6 ‘‘(3) MEMBERSHIP.—Each Liaison Office shall 

7 be comprised of equal representation from the bor8 der community and U.S. Customs and Border Pro9 tection and U.S. Citizenship and Customs Enforce10 ment, including not fewer than— 

11 ‘‘(A) 1 member of the community in which 

12 each U.S. Border Patrol sector is located who 

13 has expertise in migration, local public safety, 

14 civil and human rights, the local community, or 

15 community relations; 

16 ‘‘(B) 1 member of an Indian tribe (as such 

17 term is defined in section 4 of the Indian Self18 Determination and Education Assistance Act 

19 (25 U.S.C. 5304)) or a tribal organization; 

20 ‘‘(C) 1 Border Patrol processing coordi21 nator with significant experience working for 

22 the U.S. Border Patrol; 

23 ‘‘(D) 1 nonuniformed U.S. Customs and 

24 Border Patrol officer with significant experience 


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1 working for U.S. Customs and Border Protec2 tion; and 

3 ‘‘(E) 1 Enforcement and Removal Oper4 ations agent with significant experience working 

5 for U.S. Immigration and Customs Enforce6 ment.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 of the Homeland Security Act of 2002 (Public Law 107– 

9 296) is amended by inserting after the item relating to 

10 section 405 the following new item: 

‘‘Sec. 406. Ombudsman for Border and Immigration-Related Concerns.’’. 

11 SEC. 4. TRAINING AND CONTINUING EDUCATION. 

12 (a) MANDATORY TRAINING AND CONTINUING EDU13 CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY

14 AND PROFESSIONALISM.— 

15 (1) POLICIES AND GUIDELINES.—The Secretary 

16 of Homeland Security shall establish policies and 

17 guidelines to ensure that all U.S. Customs and Bor18 der Protection agents and officers receive a min19 imum of— 

20 (A) 19 weeks of training for employees of 

21 U.S. Customs and Border Protection’s Office of 

22 Field Operations, and 23 weeks of training for 

23 employees of the U.S. Border Patrol, that— 

24 (i) is directly related to the mission of 

25 the U.S. Border Patrol and U.S. Customs 


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1 and Border Protection’s Office of Field 

2 Operations before the initial assignment of 

3 such agents and officers; and 

4 (ii) is in alignment with curriculum 

5 developed and endorsed by FLETC; and 

6 (B) 8 hours of training and continuing 

7 education annually after the completion of the 

8 training referred to in subparagraph (A). 

9 (2) TRAINERS.—The training and continuing 

10 education described in paragraph (1) shall be con11 ducted by attorneys who— 

12 (A) have experience with the Fourth 

13 Amendment to the United States Constitution, 

14 including appropriate application of the use of 

15 force by agents and officers of U.S. Customs 

16 and Border Protection; and 

17 (B) are members of the Department of 

18 Homeland Security’s Office of General Counsel. 

19 (b) FLETC.—The Secretary of Homeland Security 

20 shall establish policies and guidelines governing training 

21 with FLETC and continuing education of agents and offi22 cers of U.S. Customs and Border Protection and U.S. Im23 migration and Customs Enforcement regarding border 

24 awareness, accountability, and oversight. Such training 

25 with FLETC shall include individual courses regarding— 


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1 (1) community relations, including— 

2 (A) best practices in community policing; 

3 (B) best practices to adhere to policies lim4 iting the location of enforcement and coopera5 tion with local law enforcement; and 

6 (C) best practices in responding to griev7 ances, including how to refer complaints to the 

8 Ombudsman for Border and Immigration-Re9 lated Concerns in accordance with section 406 

10 of the Homeland Security Act of 2002, as 

11 added by section 3; 

12 (2) interdiction, including— 

13 (A) instruction regarding formal and prop14 er command language; 

15 (B) situational awareness of what language 

16 is appropriate in a given situation; 

17 (C) policies and guidelines regarding the 

18 legal application of use of force; 

19 (D) policies and training scenarios nec20 essary to ensure the safety of the agent or offi21 cer and the surrounding community during 

22 interventions in urban areas, including— 

23 (i) scenario-based training and guide24 lines; and 


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1 (ii) non-lethal force training and cer2 tification on at least 1 non-lethal force in3 strument, including electronic control 

4 weapons; and 

5 (E) policies necessary to ensure the safety 

6 of the agent or officer and the surrounding 

7 community during interventions in rural and re8 mote locations; 

9 (3) vulnerable populations, including instruction 

10 on screening, identifying, and responding to vulner11 able populations, such as children, victims of human 

12 trafficking, victims of trauma, and the acutely ill; 

13 (4) cultural and societal issues, including— 

14 (A) understanding the diversity of immi15 grant communities; 

16 (B) language and basic cultural awareness 

17 of major migrant-sending countries; 

18 (C) natural resource protection and envi19 ronmental policies along the United States bor20 der; 

21 (D) privacy considerations regarding bor22 der-related technologies; and 

23 (E) the history and ethics of asylum law; 

24 and 


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1 (5) standards of professional conduct, includ2 ing— 

3 (A) the lawful use of force; 

4 (B) complying with chain of command and 

5 lawful orders; 

6 (C) conduct and ethical behavior toward 

7 the public in a civil and professional manner; 

8 (D) respect for civil rights and the protec9 tion of the well-being of individuals; 

10 (E) non-racially biased questioning tech11 niques; and 

12 (F) de-escalation tactics and alternatives 

13 to the use of force. 

14 (c) SUPERVISOR TRAINING.—In addition to the train15 ing and continuing education required to be established 

16 under subsections (a) and (b), the Secretary of Homeland 

17 Security shall establish policies and guidelines governing 

18 the continuing education of agents and officers of U.S. 

19 Customs and Border Protection and U.S. Immigration 

20 and Customs Enforcement in supervisory or management 

21 positions, including— 

22 (1) instruction relating to management and 

23 leadership best practices; 

24 (2) refresher instruction or in-service training 

25 relating to legal application of use of force policies 


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1 and guidelines, intervention, community relations, 

2 and professional conduct; and 

3 (3) mitigation training to identify, diagnose, 

4 and address issues within such supervisory and man5 agement roles. 

6 (d) REVIEW PROCESS.—The Secretary of Homeland 

7 Security shall establish a review process to ensure that 

8 port supervisors and managers of U.S. Customs and Bor9 der Protection and U.S. Immigration and Customs En10 forcement receive annual evaluations regarding— 

11 (1) their actions and standards of conduct; and 

12 (2) the actions, situational and educational de13 velopment, and standards of conduct of their staffs. 

14 (e) CONTINUING EDUCATION.— 

15 (1) IN GENERAL.—The Secretary of Homeland 

16 Security shall require all agents and officers of U.S. 

17 Customs and Border Protection and U.S. Immigra18 tion and Customs Enforcement who are required to 

19 undergo training under subsections (a) through (c) 

20 to participate in annual continuing education to 

21 maintain and update their understanding of Federal 

22 legal rulings, court decisions, and Department of 

23 Homeland Security policies, procedures, and guide24 lines related to the subject matters described in such 

25 subsections. 


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1 (2) SUBJECT MATTERS.—Continuing education 

2 under this subsection shall include training courses 

3 on— 

4 (A) protecting the civil, constitutional, 

5 human, and privacy rights of individuals, with 

6 special emphasis on the scope of enforcement 

7 authority, including— 

8 (i) chain of evidence practices and 

9 document seizure; and 

10 (ii) use of force policies available to 

11 agents and officers; 

12 (B) the scope of authority of agents and 

13 officers to conduct immigration enforcement ac14 tivities, including interviews, interrogations, 

15 stops, searches, arrests, and detentions, in addi16 tion to identifying and detecting fraudulent doc17 uments; 

18 (C) identifying, screening, and responsi19 bility for vulnerable populations, such as chil20 dren and victims of trafficking; and 

21 (D) cultural and societal issues, includ22 ing— 

23 (i) the diversity of immigrant commu24 nities; 


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1 (ii) language and basic cultural aware2 ness of major migrant-sending countries; 

3 and 

4 (iii) natural resource protection and 

5 environmental policies along the United 

6 States border. 

7 (3) ADMINISTRATION.—Courses offered under 

8 this subsection— 

9 (A) shall be administered in consultation 

10 with FLETC by the individual U.S. Border Pa11 trol sectors and U.S. Customs and Border Pro12 tection’s Office of Field Operations of the De13 partment of Homeland Security in order to pro14 vide such sectors’ field offices with flexibility to 

15 design or tailor such courses to the specific 

16 needs and conditions of each such sector and 

17 field office; and 

18 (B) shall be approved in advance by the 

19 Secretary of Homeland Security to ensure that 

20 such courses satisfy the requirements for train21 ing under this section. 

22 (4) ROTATION.—Courses offered as part of con23 tinuing education under this subsection shall in24 clude— 


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1 (A) an annual course focusing on the cur2 riculum described in paragraph (2)(A); 

3 (B) a triennial course focusing on cur4 riculum described in paragraph (2)(B); 

5 (C) a triennial course focusing on cur6 riculum described in paragraph (2)(C); and 

7 (D) a triennial course focusing on cur8 riculum described in paragraph (2)(D). 

9 (f) ASSESSMENT.—Not later than 6 years after the 

10 date of the enactment of this Act, the Comptroller General 

11 of the United States shall submit a report to the Com12 mittee on Homeland Security and Governmental Affairs 

13 of the Senate and the Committee on Homeland Security 

14 of the House of Representatives that assesses the training 

15 and education, including continuing education, required 

16 under this section. 

17 SEC. 5. MANAGEMENT OF PORTS OF ENTRY. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of Home20 land Security shall submit a report to the Committee on 

21 Homeland Security and Governmental Affairs of the Sen22 ate and the Committee on Homeland Security of the 

23 House of Representatives that contains an assessment of 

24 the standards and guidelines for managing ports of entry 


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1 under the control of the Department of Homeland Secu2 rity, including information regarding— 

3 (1) staffing levels and the need for additional 

4 staffing; 

5 (2) the rules governing the actions of officers of 

6 U.S. Customs and Border Protection’s Office of 

7 Field Operations; 

8 (3) average delays for transit through land 

9 ports of entry; 

10 (4) existing efforts and technologies used for 

11 border security, including the impact of such efforts 

12 and technologies on— 

13 (A) facilitating trade at ports of entry; and 

14 (B) civil rights, private property rights, 

15 privacy rights, and civil liberties; 

16 (5) the economic impact of the policies and 

17 practices of U.S. Customs and Border Protection ag18 ricultural specialists and U.S. Customs and Border 

19 Protection’s Office of Field Operations personnel; 

20 (6) physical infrastructure and technological 

21 needs at ports of entry; 

22 (7) a plan for increasing the number of U.S. 

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1 nicians and the number of medical professionals as2 signed to land ports of entry; and 

3 (8) a plan for increasing access to land ports of 

4 entry that takes into account asylum seekers, victims 

5 of trafficking, unaccompanied children, and other 

6 vulnerable populations. 

7 (b) UPDATES.—Based upon the information and as8 sessment contained in the report required under sub9 section (a), the Secretary of Homeland Security shall es10 tablish updated guidelines and standards for managing 

11 ports of entry under the control of the Department of 

12 Homeland Security to address any identified needs or 

13 shortcomings at such ports of entry, including, if applica14 ble— 

15 (1) increasing the number of U.S. Customs and 

16 Border Protection agricultural specialists at ports of 

17 entry at which delays hinder or negatively impact 

18 the local or national economies; 

19 (2) updating or increasing the use of technology 

20 at ports of entry at which there are average delays 

21 exceeding 2 hours based on U.S. Customs and Bor22 der Protection data collected during the previous fis23 cal year; 

24 (3) publishing rules regarding document han25 dling at ports of entry; 


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1 (4) establishing standards of conduct and de2 meanor when interacting with individuals with bor3 der crossing cards and vulnerable populations, such 

4 as children, victims of human trafficking, victims of 

5 trauma, and the acutely ill; and 

6 (5) establishing training courses relating to 

7 management and leadership skills for supervisors 

8 and managers at ports of entry. 

9 SEC. 6. BORDER ENFORCEMENT ACCOUNTABILITY AND 

10 TRANSPARENCY. 

11 (a) DEFINITIONS.—In this section: 

12 (1) BORDER SECURITY.—The term ‘‘border se13 curity’’ means the prevention of unlawful entries 

14 into the United States, including entries by individ15 uals, instruments of terrorism, narcotics, and other 

16 contraband. 

17 (2) CHECKPOINT.—The term ‘‘checkpoint’’ 

18 means a location— 

19 (A) at which vehicles or individuals trav20 eling through the location are stopped by a law 

21 enforcement official for the purposes of enforce22 ment of United States immigration laws and 

23 regulations; and 


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1 (B) that is not located at a port of entry 

2 along an international border of the United 

3 States. 

4 (3) LAW ENFORCEMENT OFFICIAL.—The term 

5 ‘‘law enforcement official’’ means— 

6 (A) an agent or officer of U.S. Customs 

7 and Border Protection; or 

8 (B) an officer or employee of a State, or 

9 a political subdivision of a State, who is car10 rying out the functions of an immigration offi11 cer pursuant to— 

12 (i) an agreement entered into under 

13 section 287(g) of the Immigration and Na14 tionality Act (8 U.S.C. 1357(g)); 

15 (ii) authorization under title IV of the 

16 Tariff Act of 1930 (19 U.S.C. 1401 et 

17 seq.); or 

18 (iii) any other agreement with the De19 partment of Homeland Security, including 

20 any Federal grant program. 

21 (4) PATROL STOP.—The term ‘‘patrol stop’’ 

22 means search, seizure, or interrogation of a motor23 ist, passenger, or pedestrian initiated anywhere ex24 cept as part of an inspection at a port of entry or 

25 a primary inspection at a checkpoint. 


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1 (5) PRIMARY INSPECTION.—The term ‘‘primary 

2 inspection’’ means an initial inspection of a vehicle 

3 or individual at a checkpoint. 

4 (6) SECONDARY INSPECTION.—The term ‘‘sec5 ondary inspection’’ means a further inspection of a 

6 vehicle or individual that is conducted following a 

7 primary inspection. 

8 (b) DATA COLLECTION BY LAW ENFORCEMENT OF9 FICIALS ENFORCING UNITED STATES LAWS AND REGU10 LATIONS AND MAKING BORDER SECURITY STOPS.— 

11 (1) REQUIREMENT FOR DATA COLLECTION RE12 GARDING STOPS AND SEARCHES.—A law enforce13 ment official who initiates a patrol stop or who de14 tains any individual beyond a brief and limited in15 quiry, such as a primary inspection at a checkpoint, 

16 shall record— 

17 (A) the date, time, and location of the con18 tact; 

19 (B) the identifying characteristics of such 

20 individual, including the individual’s perceived 

21 race, gender, ethnicity, and approximate age; 

22 (C) a description of any items seized dur23 ing such search, including contraband or 

24 money, and a specification of the type of search 

25 conducted; 


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1 (D) whether any arrest, detention, warn2 ing, or citation resulted from such contact; 

3 (E) the immigration status of the indi4 vidual, only if obtained during the ordinary 

5 course of the contact without additional ques6 tioning in accordance with this section; 

7 (F) if the contact involved an individual 

8 whose primary language of communication is 

9 not English, the means of communication used; 

10 (G) whether a body-worn camera or any 

11 other video or audio recording exists that re12 corded the stop or detention; and 

13 (H) if the contact was initiated by a State 

14 or local law enforcement agency of a State, 

15 whether such agency was acting pursuant to— 

16 (i) an agreement entered into under 

17 section 287(g) of the Immigration and Na18 tionality Act (8 U.S.C. 1357(g)); 

19 (ii) authorization under title IV of the 

20 Tariff Act of 1930 (19 U.S.C. 1401 et 

21 seq.); or 

22 (iii) any other agreement with the De23 partment of Homeland Security, including 

24 any Federal grant program. 


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1 (2) REQUIREMENT FOR U.S. CUSTOMS AND

2 BORDER PROTECTION DATA COLLECTION REGARD3 ING CHECKPOINTS.—The Commissioner of U.S. Cus4 toms and Border Protection shall collect data re5 garding— 

6 (A) the number of permanent and tem7 porary checkpoints utilized by agents and offi8 cers of U.S. Customs and Border Protection; 

9 (B) the location of each such checkpoint; 

10 (C) the dates on which a temporary check11 point was used; and 

12 (D) a description of each such checkpoint, 

13 including the presence of any other law enforce14 ment agencies and the use of law enforcement 

15 resources, such as canines and surveillance 

16 technologies, including license plate readers. 

17 (3) RULEMAKING.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Homeland Security, in consultation with 

20 stakeholders, including research, civil, and human 

21 rights organizations, shall promulgate regulations re22 lating to the collection and reporting of data re23 quired under paragraphs (1) and (2). Such regula24 tions shall— 

25 (A) specify all data to be reported; and 


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1 (B) provide standards, definitions, and 

2 technical specifications to ensure uniform re3 porting. 

4 (4) COMPILATION OF DATA.— 

5 (A) DEPARTMENT OF HOMELAND SECU6 RITY LAW ENFORCEMENT OFFICIALS.—The 

7 Secretary of Homeland Security shall— 

8 (i) compile the data collected under 

9 paragraph (1) by agents and officers of 

10 U.S. Customs and Border Protection and 

11 the data collected under paragraph (2) by 

12 the Commissioner of U.S. Customs and 

13 Border Protection; and 

14 (ii) determine— 

15 (I) whether any complaint was 

16 made by the individual subject to the 

17 contact under paragraph (1); and 

18 (II) which oversight component 

19 within or outside of the Department 

20 of Homeland Security investigated the 

21 complaint. 

22 (B) OTHER LAW ENFORCEMENT OFFI23 CIALS.—The head of each agency, department, 

24 or other entity that employs law enforcement 


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1 officials other than agents and officers referred 

2 to in subparagraph (A) shall— 

3 (i) compile the data collected by such 

4 law enforcement officials pursuant to para5 graph (1); and 

6 (ii) submit the compiled data to the 

7 Secretary of Homeland Security. 

8 (5) USE OF DATA.—The Secretary of Homeland 

9 Security shall consider the data compiled pursuant 

10 to paragraph (4) in making policy and program deci11 sions. 

12 (6) AUDIT AND REPORT.—Not later than 1 

13 year after the effective date of the regulations pro14 mulgated pursuant to paragraph (3), the Comp15 troller General of the United States shall— 

16 (A) conduct an audit of the data compiled 

17 under paragraph (4) to determine whether law 

18 enforcement officials are complying with the 

19 data collection requirements under paragraph 

20 (1); and 

21 (B) submit a report to Congress that con22 tains a summary of the findings of such audit. 

23 (c) ANNUAL REPORT.— 

24 (1) REQUIREMENT.—Not later than 1 year 

25 after the date of the enactment of this Act and anVerDate Sep 11 2014 21:52 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H10141.IH H10141

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1 nually thereafter, the Secretary of Homeland Secu2 rity shall submit a report to Congress containing the 

3 data compiled under subsection (b)(3), including all 

4 such data for the previous year. 

5 (2) AVAILABILITY.—Each report submitted 

6 under paragraph (1) shall be made available to the 

7 public, except for particular data if the Secretary of 

8 Homeland Security— 

9 (A) explicitly invokes an exemption con10 tained in paragraphs (1) through (9) of section 

11 552(b) of title 5, United States Code; and 

12 (B) provides a written explanation for the 

13 exemption’s applicability. 

14 (3) PRIVACY.—The Secretary may not report 

15 unique personal identifying information of persons 

16 stopped, searched, or subjected to a property sei17 zure, for purposes of this section. 

18 (4) PUBLICATION.—The data compiled pursu19 ant to subsection (b)(3) shall be made available to 

20 the public to the extent the release of such data is 

21 permissible under Federal law. 

22 SEC. 7. REPORTING REQUIREMENTS. 

23 (a) ANNUAL CBP REPORT ON MISSION AND PER24 SONNEL BY BORDER PATROL SECTOR.—Not later than 

25 1 year after the date of the enactment of this Act and 


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1 annually thereafter, the Commissioner of U.S. Customs 

2 and Border Protection shall submit a report to the Com3 mittee on Homeland Security and Governmental Affairs 

4 of the Senate and the Committee on Homeland Security 

5 of the House of Representatives that includes, for each 

6 Border Patrol sector— 

7 (1) an assessment of the most appropriate, 

8 practical, and cost effective means of defending the 

9 land borders of the United States against threats to 

10 security and illegal transit, including intelligence ca11 pacities, technology, equipment, personnel, and 

12 training needed to address security vulnerabilities; 

13 (2) an assessment of staffing needs for all bor14 der security functions, including an assessment of 

15 efforts to take into account asylum seekers, traf16 ficking victims, unaccompanied children, and other 

17 vulnerable populations; 

18 (3) a description of— 

19 (A) the border security roles and missions 

20 of Federal, State, regional, Tribal, and local au21 thorities; and 

22 (B) recommendations regarding actions the 

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1 der security activities to be carried out in a 

2 more efficient and effective manner; 

3 (4) a description of ways to ensure that the free 

4 flow of travel and commerce is not diminished by ef5 forts, activities, and programs aimed at securing the 

6 land borders of the United States; and 

7 (5) an impact assessment of the loss of trade 

8 and commerce due to inadequate staffing at land 

9 ports of entry by U.S. Customs and Border Protec10 tion agents and officers. 

11 (b) ANNUAL REPORT ON MIGRANT DEATHS.— 

12 (1) CBP AND ICE.—Not later than 180 days 

13 after the date of the enactment of this Act, and an14 nually thereafter, the Commissioner of U.S. Customs 

15 and Border Protection and the Director of U.S. Im16 migration and Customs Enforcement shall jointly 

17 submit a report to the Comptroller General of the 

18 United States, the Committee on Homeland Security 

19 and Governmental Affairs of the Senate, and the 

20 Committee on Homeland Security of the House of 

21 Representatives regarding deaths occurring along 

22 the United States-Mexico border, including— 

23 (A) the number of documented migrant 

24 deaths; 


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1 (B) a geographical breakdown of where 

2 such migrant deaths occurred; 

3 (C) the cause of death for each migrant, to 

4 the extent such information is available; 

5 (D) the extent to which border technology, 

6 physical barriers, and enforcement programs 

7 have contributed to such migrant deaths; and 

8 (E) a detailed description of U.S. Customs 

9 and Border Protection and U.S. Immigration 

10 and Customs Enforcement programs or plans to 

11 reduce the number of migrant deaths along the 

12 border, including an assessment on the effec13 tiveness of water supply sites and rescue bea14 cons. 

15 (2) GAO REVIEW.—Not later than 90 days 

16 after the submission of each report required under 

17 paragraph (1), the Comptroller General of the 

18 United States shall review such report to deter19 mine— 

20 (A) the validity of U.S. Customs and Bor21 der Protection’s and U.S. Immigration and 

22 Customs Enforcement’s statistical analyses of 

23 migrant deaths; 

24 (B) the extent to which U.S. Customs and 

25 Border Protection and U.S. Immigration and 


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1 Customs Enforcement have adopted simple and 

2 low-cost measures, such as water supply sites 

3 and rescue beacons, to reduce the frequency of 

4 migrants deaths; 

5 (C) the extent to which U.S. Customs and 

6 Border Protection and U.S. Immigration and 

7 Customs Enforcement measure the effectiveness 

8 of its programs to address the frequency of mi9 grant deaths; and 

10 (D) the extent of data and information 

11 sharing and cooperation among U.S. Customs 

12 and Border Protection, U.S. Immigration and 

13 Customs Enforcement, State and local law en14 forcement, foreign diplomatic and consular 

15 posts, and nongovernmental organizations— 

16 (i) to accurately identify deceased in17 dividuals; 

18 (ii) to notify family members of such 

19 deaths; and 

20 (iii) to compare information to miss21 ing persons registries. 

22 (c) GAO REPORT ON USE OF FORCE.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of the enactment of this Act, the Comp25 troller General of the United States shall conduct a 


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1 study that examines the extent to which U.S. Cus2 toms and Border Protection and U.S. Immigration 

3 and Customs Enforcement have clarified use of force 

4 policies and submit a report to Congress containing 

5 the results of such study, which shall include— 

6 (A) the extent to which U.S. Customs and 

7 Border Protection and U.S. Immigration and 

8 Customs Enforcement have implemented new 

9 training tactics to improve use of force policies, 

10 including how the use of force policies conform 

11 to Department of Homeland Security and Fed12 eral law enforcement best practices; 

13 (B) the extent to which U.S. Customs and 

14 Border Protection and U.S. Immigration and 

15 Customs Enforcement have identified additional 

16 or alternative weapons and equipment to im17 prove agents’ and officers’ abilities to de-esca18 late confrontations, including protective gear; 

19 (C) efforts to review and enhance current 

20 training and tactics related to use of force, and 

21 to implement reforms to ensure that agents and 

22 officers are better equipped to assess and re23 spond to threats; 

24 (D) the extent to which U.S. Customs and 

25 Border Protection and U.S. Immigration and 


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1 Customs Enforcement have established a stake2 holder engagement framework to better inform 

3 and enhance U.S. Customs and Border Protec4 tion’s use of force training; 

5 (E) the extent to which U.S. Customs and 

6 Border Protection and U.S. Immigration and 

7 Customs Enforcement have established 

8 metrics— 

9 (i) to track the effectiveness of use of 

10 force training; and 

11 (ii) to ensure the reporting of all uses 

12 of force for review to determine whether 

13 the force used was justified and whether it 

14 could have been avoided through different 

15 tactics or training, better supervision, dif16 ferent tools, adherence to policy, or 

17 changes in policy; 

18 (F) how U.S. Customs and Border Protec19 tion and U.S. Immigration and Customs En20 forcement could implement best law enforce21 ment practices to improve policies for trans22 parent communication with family members of 

23 individuals injured or killed by U.S. Customs 

24 and Border Protection or U.S. Immigration and 


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1 Customs Enforcement agent’s and officer’s use 

2 of force, including— 

3 (i) updates on any pending investiga4 tions; and 

5 (ii) policies for timely notification of 

6 such injuries and deaths following such 

7 uses of force to the Commissioner of U.S. 

8 Customs and Border Protection or the Di9 rector of U.S. Immigration and Customs 

10 Enforcement, the Joint Intake Center of 

11 the Department of Homeland Security, the 

12 Office of Inspector General of the Depart13 ment, the Office for Civil Rights and Civil 

14 Liberties of the Department, the Offices of 

15 Public Affairs of the Department, Con16 gress, and the applicable consulates, if ap17 propriate; 

18 (G) how recommendations and requests 

19 made by agents and officers of U.S. Customs 

20 and Border Protection and U.S. Immigration 

21 and Customs Enforcement have been received, 

22 reviewed, and, if possible, implemented into the 

23 use of force policies and best practices of U.S. 

24 Customs and Border Protection; and 


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1 (H) the extent to which U.S. Customs and 

2 Border Protection and U.S. Immigration and 

3 Customs Enforcement electronically track per4 sonal searches and seizures of personal items at 

5 the border, including an assessment of how 

6 such information is used to inform U.S. Cus7 toms and Border Protection and U.S. Immigra8 tion and Customs Enforcement policies and 

9 procedures. 

10 (2) IMPLEMENTATION OF GAO FINDINGS.— 

11 (A) IN GENERAL.—The Secretary of 

12 Homeland Security shall direct the Commis13 sioner of U.S. Customs and Border Protection 

14 and the Director of U.S. Immigration and Cus15 toms Enforcement to implement any rec16 ommendations contained in the report required 

17 under paragraph (1). 

18 (B) NOTIFICATION REQUIREMENT.—If the 

19 Secretary of Homeland Security fails to imple20 ment such recommendations, the Secretary 

21 shall submit written notification to the Com22 mittee on Homeland Security and Govern23 mental Affairs of the Senate, and the Com24 mittee on Homeland Security of the House of 


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1 Representatives that explains why such rec2 ommendations have not been implemented. 

3 (d) CBP REPORT ON USE OF BODY-WORN CAM4 ERAS.— 

5 (1) DEFINED TERM.—In this subsection, the 

6 term ‘‘data’’ means video and audio footage cap7 tured by a body-worn camera during its use. 

8 (2) IN GENERAL.—Not later than 90 days after 

9 the date of the enactment of this Act, the Commis10 sioner of U.S. Customs and Border Protection shall 

11 submit a report to the Committee on Homeland Se12 curity and Governmental Affairs of the Senate, and 

13 the Committee on Homeland Security of the House 

14 of Representatives relating to the use, practices, and 

15 procedures of body-worn cameras by U.S. Customs 

16 and Border Protection agents and officers, includ17 ing— 

18 (A) the number of body-worn cameras in 

19 active use within U.S. Customs and Border 

20 Protection; 

21 (B) the location, broken down by station, 

22 in which such body-worn cameras are in use; 

23 (C) the rank and position of the agents 

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1 tection at each such station who are assigned 

2 body-worn cameras; 

3 (D) the standing policies of U.S. Customs 

4 and Border Protection regarding— 

5 (i) the storage of body-worn camera 

6 data, including additional requirements or 

7 decisions that are unique to a particular 

8 sector; 

9 (ii) the review of data from individual 

10 body-worn cameras; and 

11 (iii) the request for review of data 

12 from individual body-worn cameras by U.S. 

13 Customs and Border Protection personnel 

14 or civilians; 

15 (E) the latest complaint reports from each 

16 sector and location in which body-worn cameras 

17 are being used; and 

18 (F) any existing plan to implement, on a 

19 permanent basis, the use of body-worn cameras 

20 by officers and agents of U.S. Customs and 

21 Border Protection. 

22 (3) GAO REVIEW.—Not later than 90 days 

23 after the submission of the report required under 

24 paragraph (2), the Comptroller General of the 


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1 United States shall review such report to deter2 mine— 

3 (A) the extent to which U.S. Customs and 

4 Border Protection has adopted measures re5 lated to body-worn cameras; and 

6 (B) the effectiveness of U.S. Customs and 

7 Border Protection use, practices, and proce8 dures of body-worn cameras by agents and offi9 cers. 

10 (e) REPORT ON THE IMPACT OF BORDER ENFORCE11 MENT TECHNOLOGIES AND OPERATIONS ON BORDER

12 COMMUNITIES.—Not later than 180 days after the date 

13 of the enactment of this Act, the Secretary of Homeland 

14 Security shall submit a report to the Committee on Home15 land Security and Governmental Affairs of the Senate, the 

16 Committee on the Judiciary of the Senate, the Committee 

17 on Homeland Security of the House of Representatives, 

18 and the Committee on the Judiciary of the House of Rep19 resentatives that assesses— 

20 (1) the efforts and technologies used along 

21 United States borders; and 

22 (2) the impact on border communities of such 

23 efforts and technologies on civil rights, private prop24 erty rights, privacy rights, and civil liberties. 


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1 (f) GAO REPORT ON THE EXTENT OF CBP ACTIVI2 TIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 

3 later than 1 year after the date of the enactment of this 

4 Act, the Comptroller General of the United States shall 

5 submit a report to the congressional committees referred 

6 to in subsection (e) that assesses— 

7 (1) the range of the current activities, oper8 ations (including checkpoints), and claimed authority 

9 of U.S. Customs and Border Protection; 

10 (2) the extent to which the range of activities, 

11 operations, and claimed authority referred to in 

12 paragraph (1) is necessary for U.S. Customs and 

13 Border Protection’s interior enforcement; and 

14 (3) the impact of U.S. Customs and Border 

15 Protection’s interior enforcement and activities de16 scribed in paragraphs (1) and (2) on civil, constitu17 tional, and private property rights. 

18 (g) GAO REPORT ON FEASIBILITY OF ESTABLISH19 MENT OF ALTERNATE IMMIGRATION COURT SYSTEM.— 

20 Not later than 1 year after the date of the enactment of 

21 this Act, the Comptroller General of the United States 

22 shall submit to Congress a report, which shall be published 

23 and made available to the public, on the feasibility of es24 tablishing an immigration court system, outside the execu25 tive branch, composed of judges appointed for a fixed term 


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1 with jurisdiction over cases arising under the Immigration 

2 and Nationality Act (8 U.S.C. 1101 et seq.) or any other 

3 immigration law of the United States. Such report shall 

4 include an analysis of the appeal process for such cases, 

5 the impact that such an immigration court system would 

6 have on the number of cases heard by each immigration 

7 judge and any backlog of such cases, barriers to the estab8 lishment of such an immigration court system, and rec9 ommendations relating to the establishment of such an 

10 court system. 

11 SEC. 8. LIMITATION ON SEPARATION OF FAMILIES. 

12 (a) PROHIBITION ON SEPARATION.—An agent or of13 ficer of a designated law enforcement agency performing 

14 functions under the immigration laws (as defined in sec15 tion 101 of the Immigration and Nationality Act (8 U.S.C. 

16 1101)) may not remove a child from the parent or legal 

17 guardian of such child solely for the policy goal of— 

18 (1) deterring individuals from migrating to the 

19 United States; or 

20 (2) promoting compliance with immigration 

21 laws (as defined in section 101 of the Immigration 

22 and Nationality Act (8 U.S.C. 1101)). 

23 (b) EXCEPTION.— 

24 (1) IN GENERAL.—An agent or officer of a des25 ignated law enforcement agency performing funcVerDate Sep 11 2014 21:52 Nov 16, 2024 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H10141.IH H10141

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1 tions under the immigration laws (as defined in sec2 tion 101 of the Immigration and Nationality Act (8 

3 U.S.C. 1101)) may remove a child from the parent 

4 or legal guardian of such child, at or near a port of 

5 entry or within 100 miles of a border of the United 

6 States, if one of the following has been satisfied: 

7 (A) Any State court, authorized under 

8 State law, terminates the rights of the parent 

9 or legal guardian, determines that it is in the 

10 best interests of the child to be removed from 

11 the parent or legal guardian, in accordance with 

12 the Adoption and Safe Families Act of 1997 

13 (Public Law 105–89), or makes any similar de14 termination that is legally authorized under 

15 State law. 

16 (B) Any official from a State or county 

17 child welfare agency makes a determination 

18 that it is in the best interests of the child to be 

19 removed from the parent or legal guardian be20 cause the child is in danger of abuse or neglect 

21 at the hands of the parent or legal guardian, or 

22 the child is a danger to himself or herself or 

23 others. 

24 (2) INDEPENDENT AUTHORIZATION RE25 QUIRED.— 


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1 (A) IN GENERAL.—In the case that a child 

2 is removed from the parent or legal guardian of 

3 such child pursuant to this subsection, not later 

4 than 48 hours after such removal, the Secretary 

5 of Homeland Security shall seek a determina6 tion from a qualified child welfare expert on 

7 whether removal of the child from the parent or 

8 legal guardian was permissible under this sub9 section. 

10 (B) RESULTS OF DETERMINATION.—If the 

11 qualified child welfare expert does not make a 

12 determination that the removal of the child 

13 from the parent or legal guardian was permis14 sible under this subsection, the child shall be re15 united with the parent or legal guardian. 

16 (c) CAUSE OF ACTION.—A parent or legal guardian 

17 of a child removed in violation of this section may bring 

18 an action against the Secretary of Homeland Security in 

19 a district court of the United States for injunctive relief. 

20 (d) PENALTY FOR FAMILY SEPARATION.—Any per21 son who knowingly removes a child from their parent or 

22 legal guardian in violation of this section, shall be fined 

23 not more than $10,000 per occurrence of such removal. 

24 (e) DOCUMENTATION REQUIRED.—In the case that 

25 a child is removed from the parent or legal guardian of 


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1 such child in accordance with this section, the Secretary 

2 of Homeland Security shall ensure that the parent or legal 

3 guardian of the child is provided documentation of such 

4 removal, including— 

5 (1) why the child was removed from the parent 

6 or guardian; and 

7 (2) any evidence the Secretary has relating to 

8 removal of the child from the parent or legal guard9 ian. 

10 (f) DEFINITIONS.—In this section: 

11 (1) CHILD WELFARE AGENCY DEFINED.—The 

12 term ‘‘child welfare agency’’ means the State, terri13 torial, or Tribal agency responsible for child or fam14 ily services and welfare. 

15 (2) QUALIFIED CHILD WELFARE EXPERT.—The 

16 term ‘‘qualified child welfare expert’’ means a child 

17 welfare expert licensed by the State or county in 

18 which the child was removed from the parent or 

19 legal guardian of such child and who is independent 

20 of the U.S. Customs and Border Protection. 

21 SEC. 9. RULE OF CONSTRUCTION. 

22 Nothing in this Act shall be construed to limit the 

23 right of any parent, legal guardian or child may have 


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1 under law, including the settlement agreement in Ms. L. 

2 v. ICE, 18–cv–00428 (S.D. Cal. Dec. 11, 2023). 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS