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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 122
116th CONGRESS
  1st Session
                                H. R. 2203

                      [Report No. 116-163, Part I]

  To increase transparency, accountability, and community engagement 
    within the Department of Homeland Security, provide independent 
 oversight of border security activities, improve training for agents 
and officers of U.S. Customs and Border Protection and U.S. Immigration 
            and Customs Enforcement, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2019

 Ms. Escobar (for herself, Mr. Castro of Texas, Mr. Espaillat, and Ms. 
 Garcia of Texas) introduced the following bill; which was referred to 
 the Committee on Homeland Security, and in addition to the Committees 
 on the Judiciary, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                             July 19, 2019

 Additional sponsors: Ms. Barragan, Mr. Vela, Mr. Stanton, Mr. Khanna, 
 Ms. Kuster of New Hampshire, Ms. McCollum, Mr. McGovern, Mr. Suozzi, 
Ms. Matsui, Mr. Kilmer, Mr. Veasey, Mrs. Watson Coleman, Mr. Trone, Mr. 
Cisneros, Ms. Norton, Mr. Pappas, Mr. Himes, Mr. Correa, Ms. Underwood, 
 Mr. Vargas, Ms. Eshoo, Mr. Lujan, Mr. Carbajal, Ms. Jackson Lee, and 
                        Mr. Levin of California

                             July 19, 2019

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 19, 2019

    The Committees on the Judiciary and Ways and Means discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               10, 2019]

_______________________________________________________________________

                                 A BILL

 
  To increase transparency, accountability, and community engagement 
    within the Department of Homeland Security, provide independent 
 oversight of border security activities, improve training for agents 
and officers of U.S. Customs and Border Protection and U.S. Immigration 
            and Customs Enforcement, and for other purposes.

 

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

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Homeland Security 
Improvement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

   TITLE I--NATIONAL COMMISSION TO INVESTIGATE THE TREATMENT OF THE 
       MIGRANT FAMILIES AND CHILDREN BY THE TRUMP ADMINISTRATION

Sec. 101. Establishment of commission.
Sec. 102. Purposes.
Sec. 103. Composition of the Commission; qualifications.
Sec. 104. Functions of commission.
Sec. 105. Powers of commission.
Sec. 106. Public meetings and release of public version of reports.
Sec. 107. Staff of commission.
Sec. 108. Compensation and travel expenses.
Sec. 109. Security clearances for commission members and staff.
Sec. 110. Reports of commission; termination.
Sec. 111. Funding.

TITLE II--OMBUDSMAN, BORDER COMMUNITY LIAISONS, TRAINING AND MANAGEMENT

Sec. 201. Establishment of the Office of the Ombudsman for Border and 
                            Immigration Related Concerns.
Sec. 202. Establishment of border community stakeholder advisory 
                            committee.
Sec. 203. Training and continuing education.
Sec. 204. Body-worn cameras.
Sec. 205. Limitation on the separation of families.
Sec. 206. Prohibition on exceeding 72 hours in short-term detention.
Sec. 207. Electronic tracking.
Sec. 208. Preventing implementation of anti-asylum access interim final 
                            rule; Termination of remain in Mexico 
                            protocol and metering policy.
Sec. 209. Surge support for care of families and unaccompanied 
                            children.
Sec. 210. Port of entry temporary duty assignments.
Sec. 211. Prohibition on physical restraints for women who are pregnant 
                            or post-delivery.

                          TITLE III--OVERSIGHT

Sec. 301. GAO report on the extent of CBP activities, operations, and 
                            claimed authority.
Sec. 302. Migrant deaths reporting.
Sec. 303. Review of the use of force.
Sec. 304. Accountability and transparency within the border zone.
Sec. 305. Audit and inspections of detention facilities.

   TITLE I--NATIONAL COMMISSION TO INVESTIGATE THE TREATMENT OF THE 
       MIGRANT FAMILIES AND CHILDREN BY THE TRUMP ADMINISTRATION

SEC. 101. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission to Investigate the Treatment of Migrant Families and 
Children By the Trump Administration (in this Act referred to as the 
``Commission'').

SEC. 102. PURPOSES.

    The purposes of the Commission are to--
            (1) examine the handling of migrant families and children 
        apprehended along the United States-Mexico border by U.S. 
        Customs and Border Protection since January 2017;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the handling by the 
        Departments of Homeland Security and Health and Human Services 
        of migrant families and children who were apprehended at the 
        southern border since January 2017;
            (3) build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) Department of Homeland Security Office of 
                Inspector General;
                    (B) Department of Health and Human Services Office 
                of Inspector General; and
                    (C) other executive branch, congressional, or 
                independent investigations into the treatment of and 
                detention conditions for migrant families and children 
                apprehended at the southern border by the Department of 
                Homeland Security since January 2017;
            (4) make a full and complete accounting of the handling of 
        the migrant families and children apprehended at the southern 
        border since January 2017; and
            (5) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures.

SEC. 103. COMPOSITION OF THE COMMISSION; QUALIFICATIONS.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) one member shall be appointed by the leader of the 
        Democratic Party (majority or minority leader, as the case may 
        be) in the House of Representatives, with the concurrence of 
        the leader of the Democratic party (majority or minority leader 
        as the case may be) in the Senate, who shall serve as chairman 
        of the Commission;
            (2) two members shall be appointed by the senior member of 
        the leadership of the Democratic party in Senate;
            (3) three members shall be appointed by the senior member 
        of the leadership of the Republican party in the Senate;
            (4) three members shall be appointed by the senior member 
        of the leadership of the Democratic party in the House of 
        Representatives; and
            (5) one member shall be appointed by the senior member of 
        the leadership of the Republican party in of the House of 
        Representatives.
    (b) Qualifications.--Each individual appointed to the Commission 
shall have expertise and experience in at least one of the following 
areas:
            (1) Immigration law, particularly experience representing 
        asylees.
            (2) Public health.
            (3) Child welfare.
            (4) Civil rights.
            (5) As a representative of a humanitarian organization that 
        gives assistance to individuals crossing the southern border.
            (6) As a local official from a border community on the 
        southern border of the United States.

SEC. 104. FUNCTIONS OF COMMISSION.

    The functions of the Commission are to--
            (1) investigate the relevant facts and circumstances 
        related to the handling by the Departments of Homeland Security 
        and Health and Human Services of the migrant families and 
        children apprehended at the southern border since January 2017, 
        including any relevant legislation, Executive order, 
        regulation, plan, policy, practice, or procedure;
            (2) identify, review, and evaluate the lessons learned from 
        the handling by the Departments of Homeland Security and Health 
        and Human Services of the migrant families and children 
        apprehended at the southern border since January 2017, 
        regarding the structure, coordination, management policies, and 
        procedures of the Federal Government, and, if appropriate, 
        State and local governments and nongovernmental entities, 
        relative to providing timely, effective and humane treatment of 
        migrant families and unaccompanied alien children seeking 
        asylum in the United States; and
            (3) submit to the President and Congress such reports as 
        are required by this title containing such findings, 
        conclusions, and recommendations as the Commission shall 
        determine, including proposing organization, coordination, 
        planning, management arrangements, procedures, rules, and 
        regulations.

SEC. 105. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this title--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, administer such oaths; and
                    (B) subject to paragraph (2)(A), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents, as the Commission or such designated 
                subcommittee or designated member may determine 
                advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the 
                                chairman and the vice chairman; or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the chairman or 
                        any member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the chairman or by a member 
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subsection (a), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                            (ii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this section, the Commission may, 
                        by majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this title.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this title. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the chairman of 
        any subcommittee created by a majority of the Commission, or 
        any member designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.

SEC. 106. PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSION OF REPORTS.

    (a) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        section 110(a) and (b).
    (b) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.

SEC. 107. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chairman, in 
        consultation with vice chairman, in accordance with rules 
        agreed upon by the Commission, may appoint and fix the 
        compensation of a staff director and such other personnel as 
        may be necessary to enable the Commission to carry out its 
        functions, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this subsection may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 108. COMPENSATION AND TRAVEL EXPENSES.

    Each member of the Commission may be compensated at not to exceed 
the daily equivalent of the annual rate of basic pay in effect for a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day during which that member is 
engaged in the actual performance of the duties of the Commission.

SEC. 109. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this title without the appropriate security clearances.

SEC. 110. REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this title, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 111. FUNDING.

    (a) In General.--There is authorized $3,000,000 for purposes of 
carrying out the activities of the Commission under this title.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.

TITLE II--OMBUDSMAN, BORDER COMMUNITY LIAISONS, TRAINING AND MANAGEMENT

SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND 
              IMMIGRATION RELATED CONCERNS.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 437. ESTABLISHMENT OF THE OFFICE OF OMBUDSMAN FOR BORDER AND 
              IMMIGRATION RELATED CONCERNS.

    ``(a) In General.--The Secretary shall appoint an Ombudsman for 
Border and Immigration Related Concerns (hereinafter referred to as the 
`Ombudsman'), who shall--
            ``(1) be independent of Department agencies and officers;
            ``(2) report directly to the Secretary; and
            ``(3) have a background in immigration, civil rights, and 
        law enforcement.
    ``(b) Functions.--The functions of the Ombudsman shall be to--
            ``(1) establish an independent, neutral, and confidential 
        process to receive, investigate, resolve, and provide redress, 
        including referral for investigation to the Office of the 
        Inspector General, referral to the Office of Civil Rights and 
        Civil Liberties to investigate complaints and information 
        indicating possible abuses of civil rights or civil liberties, 
        referral to U.S. Citizenship and Immigration Services for 
        immigration relief, or any other action determined appropriate, 
        in cases in which Department employees, or subcontracted or 
        cooperating entity personnel, are alleged to have engaged in 
        misconduct or violated the rights of individuals, associations, 
        or employers;
            ``(2) establish an accessible and standardized complaint 
        process regarding complaints against any employee of U.S. 
        Customs and Border Protection or U.S. Immigration and Customs 
        Enforcement, or any subcontracted or cooperating entity 
        personnel, for violations of law or violations of standards of 
        professional conduct pertaining to interaction with a United 
        States citizen or non-United States citizen in the course of 
        carrying out any duty under law; and
            ``(3) identify and thereafter review, examine, and make 
        recommendations to the Secretary or designee to address chronic 
        concerns in border security and enforcement activities of U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement.
    ``(c) Annual Report.--On an annual basis, starting one year after 
the date of the enactment of this section, the Secretary shall submit 
to the Committee on Homeland Security and the Committee on the 
Judiciary of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on the Judiciary of 
the Senate a report prepared by the Ombudsman that provides information 
regarding the Office of the Ombudsman's activities for the prior year, 
including information relating to the following:
            ``(1) The number of complaints received in the period, with 
        information on each complaint including whether it is against 
        any employee of U.S. Customs and Border Protection or U.S. 
        Immigration and Customs Enforcement, or any subcontracted or 
        cooperating entity personnel, for violations of law or 
        violations of standards of professional conduct pertaining to 
        interaction with a United States citizen or non-United States 
        citizen in the course of carrying out any duty under law, when 
        and where the incident that gave rise to the complaint 
        occurred, including, where possible, identification of the port 
        of entry, U.S. Border Patrol station, or detention facility 
        where the alleged incident occurred.
            ``(2) The number of investigations commenced or carried out 
        in the period, with information on each investigation including 
        whether it involves any employee of U.S. Customs and Border 
        Protection or U.S. Immigration and Customs Enforcement, or any 
        subcontracted or cooperating entity personnel, for violations 
        of law or violations of standards of professional conduct 
        pertaining to interaction with a United States citizen or non-
        United States citizen in the course of carrying out any duty 
        under law.
            ``(3) The number of complaints resolved in the period, with 
        information on how each complaint was resolved, including for 
        those complaints that were--
                    ``(A) referred for investigation to the Office of 
                the Inspector General;
                    ``(B) referred to the Office of Civil Rights and 
                Civil Liberties;
                    ``(C) referred to U.S. Citizenship and Immigration 
                Services for immigration relief; and
                    ``(D) resolved in some other manner.
            ``(4) Findings and recommendations for the period that 
        address chronic concerns in border security and enforcement 
        activities of U.S. Customs and Border Protection and U.S. 
        Immigration and Customs Enforcement, including the impact of 
        such activities on border communities and the civil rights, 
        property rights, privacy rights, and civil liberties of 
        residents of such communities.
            ``(5) Any actions taken by the Department to implement 
        recommendations that address chronic concerns in border 
        security and enforcement activities.
    ``(d) Publication.--Not later than 30 days after receiving the 
annual report required pursuant to subsection (c), the Secretary shall 
publish the annual report on the website of the Department and in the 
Federal Register, together with any feedback from the Secretary 
regarding the report.
    ``(e) Confidentiality.--In the absence of the written consent of an 
individual who submits a complaint, the Ombudsman shall keep 
confidential the identity of and any identifying information relating 
to that individual.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by striking the items 
relating to sections 435 and 436 and inserting the following new items:

``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437.Establishment of the Office of Ombudsman for Border and 
                            Immigration Related Concerns.''.

SEC. 202. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY 
              COMMITTEE.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002, as amended by section 201 of this Act, is further amended 
by adding at the end the following new section:

``SEC. 438. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--The Secretary shall establish within the 
Department a border community stakeholders advisory committee pursuant 
to section 871 of this Act.
    ``(b) Duties.--
            ``(1) In general.--The Secretary shall consult with the 
        Advisory Committee, as appropriate, on border security and 
        immigration enforcement matters, including on the development, 
        refinement, and implementation of policies, protocols, 
        programs, and rulemaking pertaining to border security and 
        immigration enforcement that may impact border communities.
            ``(2) Recommendations.--The Advisory Committee shall 
        develop, at the request of the Secretary, recommendations 
        regarding policies, protocols, programs and rulemaking 
        pertaining to border security and immigration enforcement that 
        may impact border communities.
            ``(3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Secretary--
                    ``(A) reports on matters identified by the 
                Secretary; and
                    ``(B) reports on other matters identified by a 
                majority of the members of the Advisory Committee.
            ``(4) Annual report.--The Advisory Committee shall submit 
        to the Secretary an annual report providing information on the 
        activities, findings, and recommendations of the Advisory 
        Committee, including its subcommittees, for the preceding year. 
        Not later than six months after the date on which the Secretary 
        receives the annual report, the Secretary shall publish a 
        public version describing the Advisory Committee's activities 
        and such related matters as would be informative to the public, 
        consistent with section 552(b) of title 5, United States Code.
            ``(5) Feedback.--Not later than 90 days after receiving 
        recommendations transmitted by the Advisory Committee under 
        paragraph (4), the Secretary shall respond in writing to the 
        Advisory Committee with feedback on each of the 
        recommendations, an action plan to implement any of the 
        recommendations with which the Secretary concurs, and a 
        justification for why any of the recommendations have been 
        rejected.
            ``(6) Congressional notification.--Not later than 30 days 
        after providing written feedback to the Advisory Committee 
        under paragraph (5), the Secretary shall notify the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate on such feedback, and provide a briefing upon request.
            ``(7) Report to congress.--Prior to briefing the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate under paragraph (6), the Secretary shall submit to such 
        committees a report containing information relating to the 
        recommendations transmitted by the Advisory Committee in 
        accordance with paragraph (4).
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this section, the Secretary shall 
                appoint the members of the Advisory Committee.
                    ``(B) Composition.--The membership of the Advisory 
                Committee shall consist of a border community 
                stakeholder from each of the nine U.S. Border Patrol 
                sectors and three individuals with significant 
                expertise and experience in immigration law, civil 
                rights, and civil liberties, particularly as relates to 
                interests of residents of border communities.
            ``(2) Term of office.--
                    ``(A) Terms.--The term of each member of the 
                Advisory Committee shall be two years. A member of the 
                Advisory Committee may be reappointed.
                    ``(B) Removal.--The Secretary may review the 
                participation of a member of the Advisory Committee and 
                remove such member for cause at any time.
            ``(3) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive pay, allowances, or 
        benefits from the Government by reason of their service on the 
        Advisory Committee.
            ``(4) Meetings.--
                    ``(A) In general.--The Secretary shall require the 
                Advisory Committee to meet at least semiannually and 
                may convene additional meetings as necessary.
                    ``(B) Public meetings.--At least one of the 
                meetings described in subparagraph (A) shall be within 
                a Border Patrol sector and open to the public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
            ``(5) Member access to sensitive security information.--Not 
        later than 60 days after the date of a member's appointment, 
        the Secretary shall determine if there is cause for the member 
        to be restricted from possessing sensitive security 
        information. Without such cause, and upon the member 
        voluntarily signing a non-disclosure agreement, the member may 
        be granted access to sensitive security information that is 
        relevant to the member's advisory duties. The member shall 
        protect the sensitive security information in accordance with 
        part 1520 of title 49, Code of Federal Regulations.
            ``(6) Chairperson.--A stakeholder representative on the 
        Advisory Committee who is elected by the appointed membership 
        of the Advisory Committee shall chair the Advisory Committee.
    ``(d) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee and its 
subcommittees.
    ``(e) Definitions.--In this section:
            ``(1) Advisory committee.--The term `Advisory Committee' 
        means the border community stakeholder advisory committee 
        established under subsection (a).
            ``(2) Border community stakeholder.--The term `border 
        community stakeholder' means individuals who have ownership 
        interests or reside in the land borders of the United States 
        and who have not publicly taken positions on the Trump 
        Administration's border security and immigration enforcement 
        actions, including--
                    ``(A) a landowner within 10 miles of a land border 
                of the United States;
                    ``(B) a business leader in a company operating 
                within 10 miles of a land border of the United States;
                    ``(C) a local official from a community on a land 
                border of the United States; and
                    ``(D) a representative of Indian tribes on a land 
                border of the United States.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002, as amended by section 201 of this 
Act, is further amended by inserting after the item relating to section 
437 the following new item:

``Sec. 438. Establishment of Border Community Stakeholder Advisory 
                            Committee.''.

SEC. 203. TRAINING AND CONTINUING EDUCATION.

    (a) Mandatory Training and Continuing Education to Promote CBP 
Agent and Officer Safety and Professionalism.--The Secretary of 
Homeland Security shall establish policies and guidelines to ensure 
that every agent and officer of U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforcement receives a minimum of 20 weeks 
of training upon onboarding that is directly related to the mission and 
40 hours of training and continuing education annually thereafter, to 
include personnel in a supervisory or management position. Such 
training shall include training provided by attorneys outside of the 
Department of Homeland Security.
    (b) Curriculum.--The Secretary of Homeland Security shall establish 
policies and guidelines governing training and continuing education of 
agents and officers of U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement regarding accountability, standards 
for professional and ethical conduct, and oversight. Such training 
shall address the following:
            (1) Community relations, including the following:
                    (A) Best practices in community policing, cultural 
                awareness, and carrying out enforcement actions near 
                sensitive locations such as places of worship or 
                religious ceremony, school or education-related place 
                or event, courthouse or other civic building providing 
                services accessible to the public, hospital, medical 
                treatment, or health care facility, a public 
                demonstration, or an attorney's office, including a 
                public defender or legal aid office.
                    (B) Policies limiting location of enforcement and 
                cooperation with local law enforcement.
                    (C) Best practices in responding to grievances and 
                how to refer complaints to the Ombudsman for Border and 
                Immigration Related Concerns in accordance with section 
                437 of the Homeland Security Act of 2002, as added by 
                section 201 of this Act.
            (2) Interaction with vulnerable populations, including 
        instruction on screening, identifying, and responding to 
        vulnerable populations, such as children, victims of human 
        trafficking, and the acutely ill.
            (3) Standards of professional and ethical conduct, 
        including the following:
                    (A) Lawful use of force, de-escalation tactics, and 
                alternatives to the use of force.
                    (B) Complying with chain of command and lawful 
                orders.
                    (C) Conduct and ethical behavior toward the public 
                in a civil and professional manner.
                    (D) Civil rights and legal protections.
                    (E) Non-racially biased questioning.
                    (F) De-escalation tactics and alternatives to use 
                of force.
                    (G) Permissible and impermissible social media 
                activity.
    (c) Performance Review Process.--The Secretary of Homeland Security 
shall establish a review process to ensure that port supervisors and 
managers of U.S. Customs and Border Protection and U.S. Immigration and 
Customs Enforcement, as the case may be, are evaluated annually on 
their actions and standards of conduct, and on the actions, situational 
and educational development, and standards of conduct of their staffs.
    (d) Continuing Education.--
            (1) In general.--The Secretary of Homeland Security shall 
        annually require all agents and officers of U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement 
        who are required to undergo training under subsections (a) 
        through (c) to participate in continuing education to maintain 
        and update understanding of Federal legal rulings, court 
        decisions, and Department of Homeland Security policies, 
        procedures, and guidelines related to the subject matters 
        described in such subsections.
            (2) Constitutional authority subject matter.--Continuing 
        education under this subsection shall include a course on 
        protecting the civil, constitutional, human, and privacy rights 
        of individuals, with special emphasis on the scope of 
        enforcement authority, including chain of evidence practices 
        and document seizure, and use of force policies available to 
        agents and officers.
            (3) Additional subject matters.--Continuing education under 
        this subsection shall also include a course on the following:
                    (A) Scope of authority to conduct immigration 
                enforcement activities, including interviews, 
                interrogations, stops, searches, arrests, and 
                detentions, in addition to identifying and detecting 
                fraudulent documents.
                    (B) Identifying, screening, and responsibility for 
                vulnerable populations, such as children and victims of 
                trafficking.
                    (C) Permissible and impermissible social media 
                activity.
            (4) Administration.--Courses offered as part of continuing 
        education under this subsection shall be administered by the 
        Federal Law Enforcement Training Centers.
    (e) Training Assessment.--Not later than three years after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that assesses the training 
and education, including continuing education, required under this 
section as well as its implementation.

SEC. 204. BODY-WORN CAMERAS.

    (a) Requirement.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Homeland Security, shall submit 
to the Committees on Homeland Security and Judiciary of the House of 
Representatives and the Committees on Homeland Security and 
Governmental Affairs and Judiciary of the Senate a plan for requiring 
not later than one year after such date of enactment the use of body-
worn cameras by U.S. Border Patrol agents and U.S. Immigration and 
Customs Enforcement officers whenever engaged in border security or 
immigration enforcement activities.
    (b) Elements.--The plan shall include the following:
            (1) Benchmarks for implementation within U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement.
            (2) Policies, procedures, and training modules for the use 
        of body-worn cameras by agents and officers, including training 
        modules relating to the appropriate use of such cameras and 
        adverse action for non-compliance.
            (3) Mechanisms for enforcement of body-worn camera policies 
        and procedures by agents and officers within U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement.

SEC. 205. LIMITATION ON THE SEPARATION OF FAMILIES.

    (a) In General.--Notwithstanding any other provision of law, a 
child may not be removed from a parent, legal guardian, or family 
member of such child, at or near the port of entry or within 100 miles 
of a border of the United States, unless one of the following has 
occurred:
            (1) A State court, authorized under State law, terminates 
        the rights of the parent or legal guardian, determines that it 
        is in the best interests of the child to be removed from the 
        parent or legal guardian, in accordance with the Adoption and 
        Safe Families Act of 1997 (Public Law 105-89), or makes any 
        similar determination that is legally authorized under State 
        law.
            (2) An official from the State or county child welfare 
        agency with expertise in child trauma and development makes a 
        best interests determination that it is in the best interests 
        of the child to be removed from the parent, legal guardian, or 
        family member because the child is in danger of abuse or 
        neglect at the hands of the parent, legal guardian, or family 
        member or is a danger to herself or others.
    (b) Prohibition on Separation.--
            (1) In general.--A designated agency may not remove a child 
        from a parent, legal guardian, or family member solely for the 
        policy goal of deterring individuals from migrating to the 
        United States or for the policy goal of promoting compliance 
        with civil immigration laws.
            (2) Penalty for family separation.--Any person who 
        knowingly separates a child from his or her parent, legal 
        guardian, or family member in violation of this section, shall 
        be fined not more than $10,000.
    (c) Family Member Defined.--For purposes of this section, the term 
``family member'' means an individual who is any of the following:
            (1) A parent or legal guardian.
            (2) A spouse.
            (3) A child.
            (4) A step-family member.
            (5) An immediate family member, to include adult siblings.
            (6) An extended family member, to include aunts, uncles, 
        adult cousins, and grandparents.

SEC. 206. PROHIBITION ON EXCEEDING 72 HOURS IN SHORT-TERM DETENTION.

    Notwithstanding any other provision of law, the Secretary of 
Homeland Security shall ensure that each individual apprehended by U.S. 
Customs and Border Protection is released, paroled, or transferred to 
an appropriate long-term facility operated by a non-profit 
organization, U.S. Immigration and Customs Enforcement, or the 
Department of Health and Human Services not later than 72 hours after 
such apprehension absent an exigent circumstance that is beyond the 
Secretary's control, such as a natural disaster. The Secretary shall 
inform the Committees on Homeland Security and the Judiciary of the 
House of Representatives and Committees on Homeland Security and 
Governmental Affairs and the Judiciary of the Senate within three days 
of the Secretary determining such an exigent circumstance exists, and 
provide information on when the impacted individuals will be so 
released, paroled, or transferred.

SEC. 207. ELECTRONIC TRACKING.

    (a) Establishment.--The Secretary of Homeland Security and the 
Secretary of Health and Human Services shall establish an electronic 
tracking system on a single interface, which shall be--
            (1) accessible to agents and officials of U.S. Customs and 
        Border Protection, U.S. Immigration and Customs Enforcement, 
        and the Office of Refugee Resettlement; and
            (2) used to track the location of a child who has been 
        separated under section 205 and the parent or legal guardian of 
        the child.
    (b) Tracking Number.--The Secretary of Homeland Security shall 
assign to a child who has been separated under section 205 and the 
parent or legal guardian of the child a tracking number that--
            (1) is transferrable;
            (2) may be shared easily on the electronic tracking system 
        described in subsection (a) by agents and officials of--
                    (A) U.S. Customs and Border Protection;
                    (B) U.S. Immigration and Customs Enforcement; and
                    (C) the Office of Refugee Resettlement; and
            (3) is included on the paperwork of the child and the 
        parent or legal guardian of the child.
    (c) Contact Information.--The Secretary of Homeland Security and 
the Secretary of Health and Human Services shall advise a child who has 
been separated under section 205 and the parent or legal guardian of 
the child on the manner in which the child and the parent or legal 
guardian may be contacted during the term of the separation .

SEC. 208. PREVENTING IMPLEMENTATION OF ANTI-ASYLUM ACCESS INTERIM FINAL 
              RULE; TERMINATION OF REMAIN IN MEXICO PROTOCOL AND 
              METERING POLICY.

    (a) Prevention of Implementation of Anti-asylum Access Rule.--
Notwithstanding any other provision of law, the joint interim final 
rule published in the Federal Register on July 16, 2019, by the 
Secretary of Homeland Security and Attorney General that would restrict 
eligibility for aliens seeking asylum in the United States may not be 
implemented, enforced, or otherwise carried out by the Secretary or the 
Attorney General.
    (b) MPP and Metering Termination.--Not later than 30 days after 
enactment of this Act, the following shall terminate:
            (1) The Migrant Protection Protocols that were announced by 
        the Secretary of Homeland Security on December 20, 2018, any 
        subsequent revisions to such protocols, or any successor 
        protocols in which certain individuals seeking asylum in the 
        United States are required to wait outside of the United States 
        for the duration of their immigration proceedings.
            (2) The U.S. Customs and Border Protection metering policy 
        to regulate the flow of asylum seekers at ports of entry by 
        denying asylum seekers access to ports of entry or any 
        successor policy that impedes access to ports of entry.
    (c) Additional Capacity at Ports of Entry.--For the purposes of 
increasing processing capacity at ports of entry, the Commissioner of 
U.S. Customs and Border Protection shall every fiscal year hire, train, 
and assign not fewer than 600 new officers above the level as of 
September 30 of the immediately preceding fiscal year until the total 
number of such officers equals the requirements identified each year in 
the Workload Staffing Model developed by the Commissioner.
    (d) Prohibition on Certain Interviews.--No personnel employed by 
U.S. Customs and Border Protection may carry out credible fear 
interviews pursuant to the Immigration and Nationality Act.
    (e) Office of Professional Responsibility.--The Commissioner of 
U.S. Customs and Border Protection shall every fiscal year hire, train, 
and assign 30 new full-time investigators within the Office of 
Professional Responsibility of U.S. Customs and Border Protection until 
the total number of investigators enables the Office to fulfill its 
mission proportionate to the number of new personnel hired in 
accordance with subsection (c).
    (f) Traffic Forecasts.--In calculating the number of Office of 
Field Operations officers needed at each port of entry through the 
Workload Staffing Model, the Office of Field Operations shall--
            (1) rely on data collected regarding the inspections and 
        other activities conducted at each such port of entry; and
            (2) consider volume associated with the increase in the 
        volume of individuals from El Salvador, Guatemala, and Honduras 
        seeking asylum in the United States and seasonal surges, other 
        projected changes in commercial and passenger volumes, the most 
        current commercial forecasts, and other relevant information.
    (g) Amendment.--Subparagraph (A) of section 411(g)(5) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
            (1) by striking ``model'' and inserting ``models''; and
            (2) by inserting before the period at the end the 
        following: ``, and information concerning the progress made 
        toward meeting officer hiring targets, while accounting for 
        attrition''.

SEC. 209. SURGE SUPPORT FOR CARE OF FAMILIES AND UNACCOMPANIED 
              CHILDREN.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall enter 
into memoranda of understanding with appropriate Federal agencies and 
applicable emergency government relief services, and contracts with 
State-licensed, vetted, and qualified contractors with health care, 
public health, social work, and transportation professionals, for 
purposes of providing care for individuals, including unaccompanied 
alien children, apprehended at the southern border during the period of 
increased volume since January 2017.
    (b) Strategic Deployment.--The Secretary of Homeland Security shall 
ensure that the memoranda of understanding and contracts entered into 
pursuant to subsection (a) ensure core capacity within the Department 
of Homeland Security to provide adequate care to individuals in short-
term detention that includes physicians specializing in pediatrics, 
family medicine, emergency medicine, obstetrics and gynecology, 
geriatric medicine, internal medicine, and infectious diseases, nurse 
practitioners, other nurses, physician assistants, licensed social 
workers, mental health professionals, public health professionals, and 
dieticians.
    (c) Processing Coordinator.--The Commissioner of U.S. Customs and 
Border Protection may, on a case-by-case basis, hire and train a 
processing coordinator to operate within U.S. Border Patrol station 
to--
            (1) facilitate the provision of services pursuant to a 
        memorandum of understanding or contract entered into pursuant 
        to subsection (a) within a U.S. Border Patrol station;
            (2) perform administrative tasks related to the intake and 
        processing of individuals apprehend by U.S. Border Patrol 
        agents, where necessary;
            (3) transport individuals in U.S. Border Patrol custody, 
        where necessary; and
            (4) perform custodial watch duties of individuals in such 
        custody who have been admitted to a hospital, except that 
        neither the coordinator nor a U.S. Border Patrol agent may be 
        physically present in a hospital room of such an individual.
    (d) Monthly Reports.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a monthly report on the memoranda of understanding and contracts 
entered into pursuant to subsection (a) as of such date, together with 
the following:
            (1) Information on the deployment of physicians 
        specializing in pediatrics, family medicine, emergency 
        medicine, obstetrics and gynecology, geriatric medicine, 
        internal medicine, and infectious diseases;, nurse 
        practitioners, other nurses, physician assistants, licensed 
        social workers, mental health professionals, public health 
        professionals, and dieticians within each U.S. Border Patrol 
        sector.
            (2) For each U.S. Border Patrol sector, the degree to which 
        responsibilities have been transferred from Department of 
        Homeland Security personnel, particularly law enforcement 
        personnel, for the provision of care of migrant families and 
        unaccompanied alien children apprehended at the southern border 
        of the United States to personnel under a memorandum of 
        understanding or contract.

SEC. 210. PORT OF ENTRY TEMPORARY DUTY ASSIGNMENTS.

    (a) Quarterly Report.--Not later than 60 days after the date of the 
enactment of this Act and quarterly thereafter, the Commissioner of 
U.S. Customs and Border Protection shall submit to the appropriate 
congressional committees a report that includes, for each such 
reporting period, the following:
            (1) The number of temporary duty assignments of U.S. 
        Customs and Border Protection officers and support personnel 
        from a port of entry to a temporary duty assignment in response 
        to the Northern Triangle Migrant Surge.
            (2) The ports of entry from which such employees were 
        reassigned.
            (3) The ports of entry to which such employees were 
        reassigned.
            (4) The ports of entry at which reimbursable service 
        agreements have been entered into that may be affected by such 
        temporary duty assignments.
            (5) The duration of each temporary duty assignment.
            (6) The specific duties personnel will be undertaking 
        during each temporary duty assignment.
            (7) The cost of each temporary duty assignment.
    (b) Notice.--Not later than 10 days before redeploying employees 
from one port of entry to another in response to the Northern Triangle 
Migrant Surge, absent emergency circumstances--
            (1) the Commissioner of U.S. Customs and Border Protection 
        shall notify the director of the port of entry from which 
        employees will be reassigned of the intended redeployments; and
            (2) the port director shall notify impacted facilities 
        (including airports, seaports, and land ports) of the intended 
        redeployments.
    (c) Workforce Briefing.--The Commissioner of U.S. Customs and 
Border Protection shall brief all affected U.S. Customs and Border 
Protection employees regarding plans to mitigate vulnerabilities 
created by any planned staffing reductions at ports of entry.

SEC. 211. PROHIBITION ON PHYSICAL RESTRAINTS FOR WOMEN WHO ARE PREGNANT 
              OR POST-DELIVERY.

    (a) In General.--Except as provided in subsection (b), no officer 
or agent of the U.S. Customs and Border Protection or Immigration and 
Customs Enforcement may place physical restraints on a woman in the 
custody of the Department of Homeland Security (including during 
transport, in a detention facility, or at an outside medical facility) 
who is pregnant or in post-delivery recuperation.
    (b) Exception.--Subsection (a) shall not apply with respect to a 
pregnant woman if--
            (1) a supervisory official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic 
        restraints is appropriate for the medical safety of the woman.
    (c) Limitations.--If a pregnant woman is restrained pursuant to 
subsection (b), only the safest and least restrictive restraints, as 
determined by the appropriate medical professional treating the woman, 
may be used. In no case may restraints be used on a woman who is in 
active labor or delivery, and in no case may a pregnant woman be 
restrained in a face-down position with four-point restraints, on her 
back, or in a restraint belt that constricts the area of the pregnancy. 
A pregnant woman who is immobilized by restraints shall be positioned, 
to the maximum extent feasible, on her left side.
    (d) Recordkeeping.--If a pregnant woman is restrained pursuant to 
subsection (b), the supervisory official of the Department of Homeland 
Security shall document the basis for an individualized determination 
that restraints should be used in the Departmental records maintained 
on that woman.

                          TITLE III--OVERSIGHT

SEC. 301. GAO REPORT ON THE EXTENT OF CBP ACTIVITIES, OPERATIONS, AND 
              CLAIMED AUTHORITY.

    Not later than one year after the date of the enactment of this 
subsection, the Comptroller General of the United States shall submit 
to the Committee on Homeland Security and the Committee on the 
Judiciary of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs and the Committee on the Judiciary of 
the Senate a report that assesses the following issues:
            (1) How far into the United States interior the current 
        activities, operations (including checkpoints), and claimed 
        authority of U.S. Customs and Border Protection extend.
            (2) The extent to which the area of activities, operations, 
        and claimed authority referred to in paragraph (1) is 
        necessary.
            (3) The effectiveness of U.S. Customs and Border 
        Protection's interior enforcement and its impact on civil, 
        constitutional, and private property rights.

SEC. 302. MIGRANT DEATHS REPORTING.

    (a) Immediate Reports.--Not later than 24 hours after a migrant 
death, the Secretary of Homeland Security shall report such death to 
the Committees on Homeland Security and Judiciary of the House of 
Representatives and the Committees on Homeland Security and 
Governmental Affairs and Judiciary of the Senate.
    (b) Annual Report on Migrant Deaths.--Not later than 180 days after 
the date of the enactment of this Act and annually thereafter, the 
Commissioner of U.S. Customs and Border Protection and the Director of 
U.S. Immigration and Customs Enforcement shall jointly submit to the 
Comptroller General of the United States, the Committees on Homeland 
Security and Judiciary of the House of Representatives, and the 
Committees on Homeland Security and Governmental Affairs and Judiciary 
of the Senate a report on migrant deaths that occurred in the preceding 
year along the United States-Mexico border, including information on 
the following:
            (1) The total number of documented migrant deaths within 
        the preceding year of the report.
            (2) A geographical breakdown of where such migrant deaths 
        occur.
            (3) To the extent possible, the cause of death for each 
        migrant.
            (4) A detailed description of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement 
        programs or plans to reduce the number of migrant deaths along 
        the border, including an assessment on the effectiveness of 
        water supply sites and rescue beacons.
            (5) Criteria and methodology for collecting such data 
        within each sector.
    (c) GAO Report on Migrant Deaths.--Not later than one year after 
the submission of the first report required under subsection (a), the 
Comptroller General of the United States shall publish a review on the 
extent to which U.S. Customs and Border Protection and U.S. Immigration 
and Customs Enforcement have--
            (1) adopted measures, such as programs or plans, to reduce 
        migrants deaths;
            (2) the effectiveness of its efforts to reduce migrant 
        deaths; and
            (3) collected data and information sharing as well as 
        cooperation between U.S. Customs and Border Protection, U.S. 
        Immigration and Customs Enforcement, local and State law 
        enforcement, foreign diplomatic and consular posts, and 
        nongovernmental organizations to accurately identify deceased 
        individuals and notify family members and compare information 
        to missing persons registries.

SEC. 303. REVIEW OF THE USE OF FORCE.

    Not later than one year after the date of the enactment of this 
Act, the Comptroller General of the United States shall examine the 
extent to which U.S. Customs and Border Protection and U.S. Immigration 
and Customs Enforcement have trained their workforces regarding use of 
force policies, including the following (and any recommendations 
related to the following):
            (1) Implementation of new training to improve use of force 
        policies, including how the use of force policy conforms to 
        Department of Homeland Security and Federal law enforcement 
        best practices.
            (2) Identified additional or alternative weapons and 
        equipment to improve agents' and officers' abilities to de-
        escalate confrontations, including protective gear.
            (3) Established metrics to track the effectiveness of use 
        of force training and to ensure the reporting of all incidents 
        of use of force to determine whether such force was justified.

SEC. 304. ACCOUNTABILITY AND TRANSPARENCY WITHIN THE BORDER ZONE.

    (a) Definitions.--In this section:
            (1) Border security.--The term ``border security'' means 
        the prevention of unlawful entries into the United States, 
        including entries by individuals, instruments of terrorism, 
        narcotics, and other contraband.
            (2) Border zone.--The term ``border zone'' means the 100-
        mile of land from a United States international land and 
        coastal border into the interior of the United States, as 
        established by Federal regulation in 1953.
            (3) Checkpoint.--The term ``checkpoint'' means a location--
                    (A) at which vehicles or individuals traveling 
                through the location are stopped by a law enforcement 
                official for the purposes of enforcement of United 
                States laws and regulations; and
                    (B) that is not located at a port of entry along an 
                international border of the United States.
            (4) Law enforcement official.--The term ``law enforcement 
        official'' means--
                    (A) an agent or officer of U.S. Customs and Border 
                Protection;
                    (B) an agent or officer of U.S. Immigration and 
                Customs Enforcement; or
                    (C) an officer or employee of a State, or a 
                political subdivision of a State, who is carrying out 
                the functions of an immigration officer pursuant to--
                            (i) an agreement entered into under section 
                        287(g) of the Immigration and Nationality Act 
                        (8 U.S.C. 1357(g));
                            (ii) authorization under title IV of the 
                        Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
                            (iii) any other agreement with the 
                        Department of Homeland Security, including any 
                        Federal grant program.
            (5) Patrol stop.--The term ``patrol stop'' means search, 
        seizure, or interrogation of a motorist, passenger, or 
        pedestrian initiated anywhere except as part of an inspection 
        at a port of entry or a primary inspection at a checkpoint.
            (6) Primary inspection.--The term ``primary inspection'' 
        means an initial inspection of a vehicle or individual at a 
        checkpoint.
            (7) Secondary inspection.--The term ``secondary 
        inspection'' means a further inspection of a vehicle or 
        individual that is conducted following a primary inspection.
    (b) Data Collection by Law Enforcement Officials for Border 
Security and Immigration Enforcement Activities Within the Border 
Zone.--
            (1) Data collection regarding stops and searches and 
        activity at interior checkpoints.--A law enforcement official 
        who initiates a patrol stop or who detains any individual 
        beyond a brief and limited inquiry, such as a primary 
        inspection at a checkpoint, shall record the following:
                    (A) The date, time, and location of the contact.
                    (B) The law enforcement official's basis for, or 
                circumstances surrounding, the contact, including if 
                such individual's perceived race or ethnicity 
                contributed to the basis for, and circumstances 
                surrounding, the contact.
                    (C) The identifying characteristics of such 
                individual, including the individual's perceived race, 
                gender, ethnicity, and approximate age.
                    (D) The duration of the stop, detention, or search, 
                whether consent was requested and obtained for the 
                contact, including any search.
                    (E) A description of any articulable facts and 
                behavior by the individual that justify initiating the 
                contact or probable cause to justify any search 
                pursuant to such contact.
                    (F) A description of any items seized during such 
                search, including contraband or money, and a 
                specification of the type of search conducted.
                    (G) Whether any arrest, detention, warning, or 
                citation resulted from such contact and the basis for 
                such action.
                    (H) The immigration status of the individual, if 
                obtained during the ordinary course of the contact 
                without additional questioning in accordance with this 
                section, and whether removal proceedings were 
                subsequently initiated against the individual.
                    (I) If the contact involved an individual whose 
                primary language of communication is not English, the 
                means of communication used.
                    (J) If the contact occurred at a location proximate 
                to a place of worship or religious ceremony, school or 
                education-related place or event, courthouse or other 
                civic building providing services accessible to the 
                public, hospital, medical treatment, or health care 
                facility, at a public demonstration, or an attorney's 
                office, including a public defender or legal aid 
                office.
                    (K) If the contact occurred at a location described 
                in subparagraph (J), why that location was chosen and 
                any supervisory approval that was sought to carry out 
                the contact at the location.
            (2) GAO audit.--Not later than one year after the enactment 
        of this Act, the Comptroller General of the United States shall 
        conduct an audit of the data compiled under paragraph (1) to 
        determine whether law enforcement officials are complying with 
        data collection requirements and submit to Congress a report 
        that contains a summary of the findings of such audit.
            (3) Open gao recommendations.--Not later than 180 days 
        after the date of enactment of this Act, the Commissioner of 
        U.S. Customs and Border Protection shall submit to the 
        Committee on Homeland Security and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a plan to 
        address any open recommendations made by the Comptroller 
        General on checkpoint performance and the impact of checkpoint 
        operations on nearby communities. Within 180 days after the 
        submission of the report to the Committees, the Comptroller 
        General shall issue a report to the committees evaluating the 
        Commissioner's plan to address the open recommendations.
    (c) Annual Report.--
            (1) Requirement.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary of Homeland Security shall submit to Congress a 
        report on the data compiled under subsection (b)(1), including 
        all such data for the previous year.
            (2) Availability.--Each report submitted under paragraph 
        (1) shall be made available to the public, except for 
        particular data if the Secretary of Homeland Security--
                    (A) explicitly invokes an exemption contained in 
                paragraphs (1) through (9) of section 552(b) of title 
                5, United States Code; and
                    (B) provides a written explanation for the 
                exemption's applicability.
            (3) Privacy.--The Secretary of Homeland Security may not 
        report unique personal identifying information of persons 
        stopped, searched, or subjected to a property seizure, for 
        purposes of this section.
            (4) Publication.--The data compiled under subsection (b) 
        shall be made available to the public to the extent the release 
        of such data is permissible under Federal law.

SEC. 305. AUDIT AND INSPECTIONS OF DETENTION FACILITIES.

    (a) OIG and GAO.--The Inspector General of the Department of 
Homeland Security and the Comptroller General shall carry out regular 
audits and inspections, including unannounced audits and inspections, 
of processes (including recordkeeping) utilized by U.S. Customs and 
Border Protection to conduct intake and process individuals apprehended 
by U.S. Customs and Border Protection, as well as any facility operated 
by or for the Department of Homeland Security used to detain or 
otherwise house individuals in custody of the Department of Homeland 
Security. The Inspector General and Comptroller General shall, to the 
extent possible, share information and coordinate to ensure that 
Congress is provided timely audit and inspection information.
    (b) Congressional Access.--
            (1) In general.--The Commissioner of U.S. Customs and 
        Border Protection may not--
                    (A) prevent a Member of Congress or an employee of 
                the United States House of Representatives or the 
                United States Senate designated by such a Member for 
                the purposes of this section from entering, for the 
                purpose of conducting oversight, any such facility: and
                    (B) make any temporary modification at any such 
                facility that in any way alters what is observed by a 
                visiting member of Congress or such designated 
                employee, compared to what would be observed in the 
                absence of such modification.
            (2) Rule of construction.--Nothing in this subsection may 
        be construed to require a Member of Congress to provide prior 
        notice of the intent to enter such facility for the purpose of 
        conducting oversight.
            (3) Requirement.--With respect to individuals described in 
        paragraph (1), the Department of Homeland Security may require 
        that a request be made at least 24 hours in advance of an 
        intent to enter a facility.
    (c) Photographs.--The Inspector General of the Department of 
Homeland Security, Comptroller General, a Member of Congress, or an 
employee of the United States House of Representatives or United States 
Senate shall be authorized to take photographs or video or audio 
recordings of conditions in a facility but may not publish photographs 
or video or audio recordings with personally identifiable information 
without permission.
                                                 Union Calendar No. 122

116th CONGRESS

  1st Session

                               H. R. 2203

                      [Report No. 116-163, Part I]

_______________________________________________________________________

                                 A BILL

  To increase transparency, accountability, and community engagement 
    within the Department of Homeland Security, provide independent 
 oversight of border security activities, improve training for agents 
and officers of U.S. Customs and Border Protection and U.S. Immigration 
            and Customs Enforcement, and for other purposes.

_______________________________________________________________________

                             July 19, 2019

   Reported from the Committee on Homeland Security with an amendment

                             July 19, 2019

    The Committees on the Judiciary and Ways and Means discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```