I 

117TH CONGRESS 

1ST SESSION H. R. 3557 

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 

MAY 28, 2021 

Ms. ESCOBAR (for herself, Mr. ESPAILLAT, and Ms. GARCIA of Texas) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

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

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

Customs and Border Protection and U.S. Immigration 

and Customs Enforcement, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Improvement Act’’. 

4 SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 

5 (a) DEPARTMENT OF HOMELAND SECURITY BORDER

6 OVERSIGHT COMMISSION.— 

7 (1) ESTABLISHMENT.—There is established an 

8 independent commission, which shall be known as 

9 the ‘‘Department of Homeland Security Border 

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

11 the ‘‘Commission’’). 

12 (2) ORGANIZATION.— 

13 (A) LEADERSHIP.—The Commission shall 

14 be led by a Chair and Vice Chair. 

15 (B) MEMBERSHIP.— 

16 (i) IN GENERAL.—The Commission 

17 shall be composed of 30 members, rec18 ommended by Congress, in consultation 

19 with the President, who have expertise in 

20 migration, local crime indices, civil and 

21 human rights, community relations, cross22 border trade and commerce, quality of life 

23 indicators, or other pertinent experience, of 

24 whom— 


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1 (I) 13 members shall be from the 

2 northern border region and shall in3 clude— 

4 (aa) two local government 

5 elected officials; 

6 (bb) two local law enforce7 ment officials; 

8 (cc) two civil rights advo9 cates; 

10 (dd) one business represent11 ative; 

12 (ee) one higher education 

13 representative; 

14 (ff) one representative of a 

15 faith community; 

16 (gg) two representatives of 

17 the U.S. Border Patrol; and 

18 (hh) two tribal officials; and 

19 (II) 17 members shall be from 

20 the southern border region and shall 

21 include— 

22 (aa) three local government 

23 elected officials; 

24 (bb) three local law enforce25 ment officials; 


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1 (cc) three civil rights advo2 cates; 

3 (dd) two business represent4 atives; 

5 (ee) one higher education 

6 representative; 

7 (ff) one representative of a 

8 faith community; 

9 (gg) two representatives of 

10 the U.S. Border Patrol; and 

11 (hh) two tribal officials. 

12 (ii) CHAIR, VICE CHAIR.—The mem13 bers of the Commission shall elect a Chair 

14 and a Vice Chair from among its members 

15 by a majority vote of at least 16 members. 

16 (iii) TERMS OF SERVICE.—The Chair 

17 and Vice Chair of the Commission shall 

18 serve for terms of four years. Members of 

19 the Commission shall serve for terms of 

20 four years. 

21 (iv) APPOINTMENT DEADLINE.—Mem22 bers of the Commission shall be appointed 

23 not later than 180 days after the date of 

24 the enactment of this Act. 

25 (3) MEETINGS.— 


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1 (A) COMMISSION.—The Commission shall 

2 meet at least semiannually, and may convene 

3 additional meetings as necessary. 

4 (B) SUBCOMMITTEES.—The northern bor5 der and southern border subcommittees shall 

6 meet at least quarterly, and may convene addi7 tional meetings as necessary. 

8 (4) DUTIES.—The Commission, and the north9 ern border and southern border subcommittees, 

10 shall— 

11 (A) develop recommendations for improve12 ments regarding border enforcement policies, 

13 strategies, and programs that take into consid14 eration their impact on border communities; 

15 (B) evaluate policies, strategies, and pro16 grams of Federal agencies operating along the 

17 northern and southern borders to— 

18 (i) protect— 

19 (I) due process; 

20 (II) the civil and human rights of 

21 border residents and visitors; and 

22 (III) private property rights of 

23 land owners; 

24 (ii) reduce the number of migrant 

25 deaths; and 


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1 (iii) improve the safety of agents and 

2 officers of U.S. Customs and Border Pro3 tection and U.S. Immigration and Customs 

4 Enforcement; 

5 (C) develop recommendations for improve6 ments regarding the safety of agents and offi7 cers of U.S. Customs and Border Protection 

8 and U.S. Immigration and Customs Enforce9 ment when such agents and officers are in the 

10 field; and 

11 (D) evaluate training, including estab12 lishing training courses related to management 

13 and leadership skills for supervisors in each 

14 U.S. Border Patrol sector, at each port of entry 

15 on the northern and southern borders, and at 

16 each U.S. Immigration and Customs Enforce17 ment field office and the extent to which super18 visory and management personnel practices at 

19 U.S. Customs and Border Protection and U.S. 

20 Immigration and Customs Enforcement encour21 age and facilitate workforce development for 

22 agents and officers, promote agent and officer 

23 field safety, and post-FLETC training of border 

24 enforcement personnel in accordance with sec25 tion 6. 


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1 (5) ADDITIONAL RESPONSIBILITIES.— 

2 (A) IN GENERAL.—In carrying out the du3 ties specified in paragraph (5), the Commission 

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

7 (B) SUBCOMMITTEE REPORTS.—The 

8 northern border and southern border sub9 committees shall annually submit to the Chair 

10 and Vice Chair of the Commission a publicly 

11 available report containing the recommenda12 tions and evaluations of the subcommittees pur13 suant to paragraph (5). 

14 (6) PROHIBITION ON COMPENSATION.—Mem15 bers of the Commission and the northern border and 

16 southern border subcommittees may not receive pay, 

17 allowances, or benefits from the Government by rea18 son of their service on the Commission or the sub19 committees. 

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

21 on the authority of the Commission, any subcommittee or 

22 member thereof, may, for the purpose of carrying out this 

23 Act hold such hearings, and sit and act at such times and 

24 places, take such testimony, receive such evidence, and ad25 minister such oaths as the Commission or such designated 


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1 subcommittee or designated member determines necessary 

2 to carry out its duties under subsection (a)(5). 

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

4 be construed as affecting in any manner the investigative 

5 and disciplinary procedures of U.S. Customs and Border 

6 Protection, U.S. Immigration and Customs Enforcement, 

7 or the Department of Homeland Security with respect to 

8 agents and officers of U.S. Customs and Border Protec9 tion or U.S. Immigration and Customs Enforcement. 

10 (d) REPORTS.— 

11 (1) ANNUAL REPORTS.—The Commission shall 

12 annually submit to the Secretary of Homeland Secu13 rity a publicly available report containing informa14 tion on the activities, findings, and recommendations 

15 of the Commission, including the northern border 

16 and southern border subcommittees, for the pre17 ceding year. 

18 (2) CONGRESSIONAL NOTIFICATION.—The Sec19 retary of Homeland Security shall brief the Com20 mittee on Homeland Security and the Committee on 

21 the Judiciary of the House of Representatives and 

22 the Committee on Homeland Security and Govern23 mental Affairs and the Committee on the Judiciary 

24 of the Senate on each report required under para25 graph (1). 


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1 SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS2 MAN FOR BORDER AND IMMIGRATION RE3 LATED CONCERNS. 

4 (a) IN GENERAL.—Section 452 of the Homeland Se5 curity Act of 2002 (6 U.S.C. 272) is amended to read 

6 as follows: 

7 ‘‘SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION 

8 RELATED CONCERNS. 

9 ‘‘(a) IN GENERAL.—There shall be within the De10 partment an Ombudsman for Border and Immigration Re11 lated Concerns (in this section referred to as the ‘Ombuds12 man’). The individual appointed as Ombudsman shall have 

13 a background in immigration or civil liberties law or law 

14 enforcement. The Ombudsman shall report directly to the 

15 Secretary. 

16 ‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec17 retary shall take appropriate action to ensure the inde18 pendence of the Ombudsman’s office from other officers 

19 or employees of the Department engaged in border secu20 rity or immigration activities. 

21 ‘‘(c) STAFFING.—The Secretary shall take appro22 priate action to ensure that the Ombudsman’s office is 

23 sufficiently staffed and resourced to carry out its duties 

24 effectively and efficiently. 

25 ‘‘(d) FUNCTIONS.—The functions of the Ombudsman 

26 shall be as follows: 


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1 ‘‘(1) To establish an independent, neutral, and 

2 appropriately confidential process to receive, inves3 tigate, resolve, and provide redress, including immi4 gration relief, monetary damages, or any other ac5 tion determined appropriate, for complaints, griev6 ances, or requests for assistance from individuals, 

7 associations, and employers regarding the border se8 curity and immigration activities of the Department. 

9 ‘‘(2) To conduct inspections of the facilities, in10 cluding privately-owned or operated contract facili11 ties, of U.S. Customs and Border Protection, U.S. 

12 Immigration and Customs Enforcement, and United 

13 States Citizenship and Immigration Services. 

14 ‘‘(3) To assist individuals and families who 

15 have been victims of crimes committed by aliens un16 lawfully present in the United States or of violence 

17 near the United States border, and individuals and 

18 families impacted by situations in which the Depart19 ment has exercised force against an individual, in20 cluding by use of a firearm, taser, explosive device, 

21 chemical agent, baton, projectile, blunt instrument, 

22 body part, canine, or vehicle. 

23 ‘‘(4) To identify areas in which individuals, as24 sociations, and employers have identified concerns 

25 with respect to interacting with U.S. Customs and 


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1 Border Protection, U.S. Immigration and Customs 

2 Enforcement, or United States Citizenship and Im3 migration Services. 

4 ‘‘(5) To propose changes in the administrative 

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

6 U.S. Immigration and Customs Enforcement, and 

7 United States Citizenship and Immigration Services 

8 to mitigate problems identified under this section. 

9 ‘‘(6) To review, examine, and make rec10 ommendations regarding the border security and im11 migration and enforcement activities of U.S. Cus12 toms and Border Protection, U.S. Immigration and 

13 Customs Enforcement, and United States Citizen14 ship and Immigration Services. 

15 ‘‘(7) To establish a uniform and standardized 

16 complaint process regarding complaints against any 

17 individual employed by U.S. Customs and Border 

18 Protection or U.S. Immigration and Customs En19 forcement for violations of standards of professional 

20 conduct. Such complaint process shall have the fol21 lowing components: 

22 ‘‘(A) Require that all complaints receive an 

23 independent review and investigation completed 

24 not later than one year from the date of receipt 

25 of each such complaint. 


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1 ‘‘(B) Require that complainants receive 

2 written confirmation of receipt of their com3 plaints not later than 60 days from the date of 

4 receipt of each such complaint, and a written 

5 summary regarding the outcome of such com6 plaints not later than 30 days after the review 

7 and investigation under subparagraph (A) is 

8 complete, including findings of fact, rec9 ommended action, and available redress. 

10 ‘‘(C) Feature a centralized multilingual on11 line complaint form that includes street ad12 dress, toll-free telephone number, and electronic 

13 mailbox address to permit an individual to file 

14 an immigration or border-related complaint and 

15 submit supporting evidence through the portal 

16 of choice of any such individual. Multilingual 

17 information relating to such form shall be visi18 ble at ports of entry and at U.S. Border Patrol 

19 interior checkpoints. 

20 ‘‘(D) Include procedures for referring com21 plaints to the Office for Civil Rights and Civil 

22 Liberties, Office of the Inspector General, or 

23 other appropriate agency of the Department. 

24 ‘‘(E) Establish a publicly accessible na25 tional, standardized database capable of trackVerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557

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1 ing and analyzing complaints and their resolu2 tion. 

3 ‘‘(F) Provide publicly accessible records, 

4 with copies of complaints, and their resolutions 

5 permanently preserved and available for inspec6 tion, while maintaining the confidentiality of 

7 complainants’ identities. 

8 ‘‘(8) To establish an online detainee locator sys9 tem for individuals held in U.S. Customs and Border 

10 Protection custody. 

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

12 functions specified in subsection (d), the Ombudsman 

13 shall— 

14 ‘‘(1) monitor the coverage and geographic allo15 cation of local offices of the Ombudsman, including 

16 appointing local ombudsmen for border and immi17 gration related concerns; 

18 ‘‘(2) evaluate and take personnel actions (in19 cluding dismissal) with respect to any employee of 

20 the Ombudsman; 

21 ‘‘(3) recommend disciplinary action, including 

22 contract termination, suspension, and debarment, or 

23 termination, suspension, and sanctions, to the appro24 priate departmental entity regarding any contractor 

25 proven to have violated departmental policies or proVerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557

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1 cedures while executing any border security or immi2 gration activity; 

3 ‘‘(4) refer to the Inspector General of the De4 partment any complaints of the violation of depart5 mental policies or procedures by any Department 

6 employee relating to border security or immigration 

7 activity; and 

8 ‘‘(5) provide a complainant with a summary of 

9 the outcome of any action taken in response to a 

10 complaint, grievance, or request for assistance from 

11 such complainant, including any findings of fact, 

12 recommended action, and available redress. 

13 ‘‘(f) COMPLAINANTS.—The following shall apply to 

14 all complainants: 

15 ‘‘(1) Any interested party, including a legal rep16 resentative, may file a complaint through the com17 plaint process established pursuant to subsection 

18 (d)(7). 

19 ‘‘(2) Complainants and other individuals identi20 fied in a complaint shall be protected from retalia21 tory action by law enforcement or by any officer of 

22 the United States based on the content of such com23 plaint, and no information contained in a complaint 

24 that is germane to such complaint may be used as 

25 evidence in any removal or criminal proceedings 


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1 against the complainant or any individual identified 

2 in such complaint. 

3 ‘‘(3) Neither the filing of a complaint nor the 

4 contents of a complaint shall in any way confer im5 munity or otherwise impact any removal or criminal 

6 proceedings against a complainant or an individual 

7 identified in such complaint. 

8 ‘‘(4) No personally identifiable information re9 lated to an individual involved in a complaint which 

10 would result in identification of such individual may 

11 be published. 

12 ‘‘(5) Complainants shall receive full assistance 

13 from the Department in filing complaints, including 

14 language assistance, accommodations for disabilities, 

15 and accurate and complete responses to their ques16 tions. 

17 ‘‘(g) REQUEST FOR INVESTIGATIONS.—The Ombuds18 man is authorized to request the Inspector General of the 

19 Department to conduct inspections, investigations, and 

20 audits related to subsections (d), (e), and (f). 

21 ‘‘(h) COORDINATION WITH DEPARTMENT COMPO22 NENTS.— 

23 ‘‘(1) IN GENERAL.—The Director of United 

24 States Citizenship and Immigration Services, the As25 sistant Secretary of U.S. Immigration and Customs 


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1 Enforcement, and the Commissioner of U.S. Cus2 toms and Border Protection shall each establish pro3 cedures to provide formal responses to recommenda4 tions submitted to such officials by the Ombudsman 

5 within 60 days of receiving such recommendations. 

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

7 shall establish procedures to provide the Ombuds8 man access to all departmental records necessary to 

9 execute the responsibilities of the Ombudsman under 

10 subsection (d) or (e) not later than 60 days after a 

11 request from the Ombudsman for such information. 

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

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

14 public regarding the existence, duties, responsibil15 ities, and grievance processes of the Ombudsman’s 

16 office; and 

17 ‘‘(2) shall promulgate regulations to ensure— 

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

19 with the Ombudsman’s office electronically; and 

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

21 affected parties, all documents submitted to the 

22 Ombudsman’s office are used solely by the Om23 budsman’s office to advance the purposes de24 scribed in this section. 


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

2 of each year beginning in the year after the date of the 

3 enactment of this subsection, the Ombudsman shall sub4 mit to the Committee on Homeland Security and the Com5 mittee on the Judiciary of the House of Representatives 

6 and the Committee on Homeland Security and Govern7 mental Affairs and the Committee on the Judiciary of the 

8 Senate a report that includes the following: 

9 ‘‘(1) The number and type of complaints re10 ceived under this section, the demographics of com11 plainants, the results of investigations, including vio12 lations of standards and any disciplinary actions 

13 taken, and an identification of any complaint pat14 terns that could be prevented or reduced by policy 

15 training or practice changes. 

16 ‘‘(2) An inventory of complaints referred to in 

17 paragraph (1) for which action has been taken and 

18 the time between receipt and resolution of each such 

19 complaint. 

20 ‘‘(3) An inventory of complaints referred to in 

21 paragraph (1) for which action has not been taken 

22 after one year, the period during which each com23 plaint has been open, and the reason for failure to 

24 resolve each such complaint. 


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1 ‘‘(4) Recommendations the Ombudsman has 

2 made to improve the services and responsiveness of 

3 United States Citizenship and Immigration Services, 

4 U.S. Immigration and Customs Enforcement, and 

5 U.S. Customs and Border Protection, and any re6 sponses received from each such component or the 

7 Department regarding such recommendations. 

8 ‘‘(5) Other information as the Ombudsman de9 termines advisable. 

10 ‘‘(k) ESTABLISHMENT OF BORDER COMMUNITIES LI11 AISON OFFICE.— 

12 ‘‘(1) IN GENERAL.—The Ombudsman, in con13 junction with the Office for Civil Rights and Civil 

14 Liberties of the Department, shall establish a Bor15 der Community Liaison Office (in this subsection re16 ferred to as the ‘Liaison Office’) in each U.S. Bor17 der Patrol sector on the northern and southern bor18 ders. 

19 ‘‘(2) PURPOSES.—Each Liaison Office under 

20 this subsection shall— 

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

22 Border Patrol, the Office of Field Operations of 

23 the Department, U.S. Immigration and Cus24 toms Enforcement, and border communities; 


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1 ‘‘(B) consult with border communities on 

2 the development of policies, directives, and pro3 grams of the U.S. Border Patrol, the Office of 

4 Field Operations, and U.S. Immigration and 

5 Customs Enforcement; and 

6 ‘‘(C) receive feedback from border commu7 nities on the performance of the U.S. Border 

8 Patrol, the Office of Field Operations, and U.S. 

9 Immigration and Customs Enforcement. 

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

11 be comprised of equal representation from the bor12 der community and U.S. Customs and Border Pro13 tection and U.S. Immigration and Customs Enforce14 ment, including at least: 

15 ‘‘(A) One member of the community in 

16 which each U.S. Border Patrol sector is located 

17 who has expertise in migration, local public 

18 safety, civil and human rights, the local commu19 nity, or community relations. 

20 ‘‘(B) One member of an Indian tribe (as 

21 such term is defined in section 4(e) of the In22 dian Self-Determination and Education Assist23 ance Act (25 U.S.C. 5304(e)) or tribal organi24 zation. 


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1 ‘‘(C) One non-uniformed Border Patrol 

2 agent with significant experience working for 

3 the U.S. Border Patrol. 

4 ‘‘(D) One non-uniformed CBP officer with 

5 significant experience working for U.S. Customs 

6 and Border Protection. 

7 ‘‘(E) One Enforcement and Removal Oper8 ations (ERO) agent with significant experience 

9 working for U.S. Immigration and Customs En10 forcement. 

11 ‘‘(l) REPORT ON THE IMPACT OF BORDER ENFORCE12 MENT TECHNOLOGIES AND OPERATIONS ON BORDER

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

14 of the enactment of this subsection, the Secretary shall 

15 submit to the Committee on Homeland Security and the 

16 Committee on the Judiciary of the House of Representa17 tives and the Committee on Homeland Security and Gov18 ernmental Affairs and the Committee on the Judiciary of 

19 the Senate a report that assesses current efforts and tech20 nologies used at United States borders, and the impact 

21 on border communities of such efforts and technologies on 

22 civil rights, private property rights, privacy rights, and 

23 civil liberties. 

24 ‘‘(m) GAO REPORT ON THE EXTENT OF CBP AC25 TIVITIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 


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

2 subsection, the Comptroller General of the United States 

3 shall submit to the Committee on Homeland Security and 

4 the Committee on the Judiciary of the House of Rep5 resentatives and the Committee on Homeland Security 

6 and Governmental Affairs and the Committee on the Judi7 ciary of the Senate a report that assesses the following 

8 issues: 

9 ‘‘(1) How far into the United States interior 

10 the current activities, operations (including check11 points), and claimed authority of U.S. Customs and 

12 Border Protection extend. 

13 ‘‘(2) The extent to which the area of activities, 

14 operations, and claimed authority referred to in 

15 paragraph (1) is necessary. 

16 ‘‘(3) The effectiveness of U.S. Customs and 

17 Border Protection’s interior enforcement and its im18 pact on civil, constitutional, and private property 

19 rights.’’. 

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

21 of the Homeland Security Act of 2002 is amended by 

22 amending the item relating to section 452 to read as fol23 lows: 

‘‘Sec. 452. Ombudsman for Border and Immigration Related Concerns.’’. 


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1 SEC. 4. TRAINING AND CONTINUING EDUCATION. 

2 (a) MANDATORY TRAINING AND CONTINUING EDU3 CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY

4 AND PROFESSIONALISM.—The Secretary of Homeland Se5 curity shall establish policies and guidelines to ensure that 

6 every agent and officer of U.S. Customs and Border Pro7 tection receives a minimum of 19 weeks of training that 

8 are directly related to the mission of the U.S. Border Pa9 trol and the Office of Field Operations of the Department 

10 of Homeland Security before the initial assignment of such 

11 agents and officers, and eight hours of training and con12 tinuing education annually thereafter. Such training and 

13 continuing education shall be conducted by attorneys who 

14 have experience with the Fourth Amendment to the Con15 stitution, including appropriate application of the use of 

16 force by agents and officers of U.S. Customs and Border 

17 Protection. Such attorneys shall be members of the De18 partment of Homeland Security’s Office of General Coun19 sel, and all instruction provided shall be in alignment with 

20 curriculum developed and endorsed by FLETC. 

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

22 shall establish policies and guidelines governing training 

23 with FLETC and continuing education of agents and offi24 cers of U.S. Customs and Border Protection and U.S. Im25 migration and Customs Enforcement regarding border 

26 awareness, accountability, and oversight. Such training 


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1 with FLETC shall include individual courses for each of 

2 the following issues: 

3 (1) Community relations, including the fol4 lowing: 

5 (A) Best practices in community policing. 

6 (B) Policies limiting location of enforce7 ment and cooperation with local law enforce8 ment. 

9 (C) Best practices in responding to griev10 ances and how to refer complaints to the Om11 budsman for Border and Immigration Related 

12 Concerns in accordance with section 452 of the 

13 Homeland Security Act of 2002, as amended by 

14 section 3 of this Act. 

15 (2) Interdiction, including the following: 

16 (A) Instruction on formal and proper com17 mand language. 

18 (B) Situational awareness of what lan19 guage is appropriate. 

20 (C) Legal application of use of force poli21 cies and guidelines. 

22 (D) Policies and training scenarios nec23 essary to ensure the agent or officer and the 

24 community is safe when intervening in situa25 tions in urban areas, including— 


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1 (i) scenario-based training and guide2 lines; and 

3 (ii) non-lethal force training and cer4 tification on at least one non-lethal force 

5 instrument, including tasers. 

6 (E) Policies necessary to ensure the agent 

7 or officer and the community is safe when in8 tervening in situations in rural and remote loca9 tions. 

10 (3) Vulnerable populations, including instruc11 tion on screening, identifying, and responding to vul12 nerable populations, such as children, victims of 

13 human trafficking, and the acutely ill. 

14 (4) Cultural and societal issues, including the 

15 following: 

16 (A) Understanding of the diversity of im17 migrant communities. 

18 (B) Language and basic cultural aware19 ness of major migrant-sending countries. 

20 (C) Natural resource protection and envi21 ronmental policies along the border. 

22 (D) Privacy considerations regarding bor23 der-related technologies. 

24 (E) History and ethics of asylum law. 


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1 (5) Standards of professional conduct, including 

2 the following: 

3 (A) 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 protection 

9 of the well-being of individuals. 

10 (E) Non-racially biased questioning. 

11 (F) De-escalation tactics and alternatives 

12 to use of force. 

13 (c) SUPERVISOR TRAINING.—In addition to the train14 ing and continuing education required under subsections 

15 (a) and (b), the Secretary of Homeland Security shall es16 tablish policies and guidelines governing the continuing 

17 education of agents and officers of U.S. Customs and Bor18 der Protection and U.S. Immigration and Customs En19 forcement who attain a supervisory or management posi20 tion. Such training and continuing education shall include 

21 the following: 

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. 

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, as the case may be, are evaluated annually on 

11 their actions and standards of conduct, and on the actions, 

12 situational and educational development, and standards of 

13 conduct of their staffs. 

14 (e) CONTINUING EDUCATION.— 

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

16 Security shall annually require all agents and offi17 cers of U.S. Customs and Border Protection and 

18 U.S. Immigration and Customs Enforcement who 

19 are required to undergo training under subsections 

20 (a) through (c) to participate in continuing edu21 cation to maintain and update understanding of 

22 Federal legal rulings, court decisions, and Depart23 ment of Homeland Security policies, procedures, and 

24 guidelines related to the subject matters described in 

25 such subsections. 


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1 (2) CONSTITUTIONAL AUTHORITY SUBJECT

2 MATTER.—Continuing education under this sub3 section shall include a course on protecting the civil, 

4 constitutional, human, and privacy rights of individ5 uals, with special emphasis on the scope of enforce6 ment authority, including chain of evidence practices 

7 and document seizure, and use of force policies 

8 available to agents and officers. 

9 (3) ADDITIONAL SUBJECT MATTERS.—Con10 tinuing education under this subsection shall also in11 clude a course on the following: 

12 (A) Scope of authority to conduct immigra13 tion enforcement activities, including interviews, 

14 interrogations, stops, searches, arrests, and de15 tentions, in addition to identifying and detect16 ing fraudulent documents. 

17 (B) Identifying, screening, and responsi18 bility for vulnerable populations, such as chil19 dren and victims of trafficking. 

20 (C) Cultural and societal issues, including 

21 understanding of the diversity of immigrant 

22 communities, language and basic cultural 

23 awareness of major migrant-sending countries, 

24 and natural resource protection and environ25 mental policies along the border. 


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1 (4) ADMINISTRATION.—Courses offered as part 

2 of continuing education under this subsection 

3 shall— 

4 (A) be administered in consultation with 

5 FLETC by the individual U.S. Border Patrol 

6 sectors and the Office of Field Operations of 

7 the Department of Homeland Security in order 

8 to provide such sectors’ field offices with flexi9 bility to design or tailor such courses to the 

10 specific needs and conditions of each such sec11 tor and field office; and 

12 (B) be approved by the Secretary of Home13 land Security before being offered to ensure 

14 that such courses satisfy the requirements for 

15 training under this section. 

16 (5) ROTATION.—Courses offered as part of con17 tinuing education under this subsection shall in18 clude— 

19 (A) a yearly course focusing on the cur20 riculum described in paragraph (2); and 

21 (B) an additional course to be rotated on 

22 a three-year basis focusing on curriculum de23 scribed in paragraph (3). 

24 (f) ASSESSMENT.—Not later than six years after the 

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


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1 of the United States shall submit to the Committee on 

2 Homeland Security of the House of Representatives and 

3 the Committee on Homeland Security and Governmental 

4 Affairs of the Senate a report that assesses the training 

5 and education, including continuing education, required 

6 under this section. 

7 SEC. 5. MANAGEMENT OF PORTS OF ENTRY. 

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

9 date of the enactment of this Act, the Secretary of Home10 land Security shall submit to the Committee on Homeland 

11 Security of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Affairs 

13 of the Senate a report that contains an assessment of the 

14 current standards and guidelines for managing ports of 

15 entry under the control of the Department of Homeland 

16 Security. Such assessment shall include information relat17 ing to the following: 

18 (1) Staffing levels and the need for additional 

19 staffing. 

20 (2) Rules governing the actions of Office of 

21 Field Operations agents. 

22 (3) Average delays for transit through air, land, 

23 and sea ports of entry. 

24 (4) An assessment of existing efforts and tech25 nologies used for border security, and the effect of 


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1 the use of such efforts and technologies on facili2 tating trade at ports of entry and their impact on 

3 civil rights, private property rights, privacy rights, 

4 and civil liberties. 

5 (5) The economic impact of the policies and 

6 practices of CBP Agricultural Specialists and Office 

7 of Field Operations work. 

8 (6) Physical infrastructure and technological 

9 needs at ports of entry. 

10 (7) A plan for increasing the number of Border 

11 Patrol officers certified as EMTs. 

12 (8) An assessment for implementing body worn 

13 cameras for Border Patrol agents, including relating 

14 to storage and public availability of associated data. 

15 (b) UPDATES.—Based upon the information and as16 sessment contained in the report required under sub17 section (a), the Secretary of Homeland Security shall es18 tablish updated guidelines and standards for managing 

19 ports of entry under the control of the Department of 

20 Homeland Security to address any identified needs or 

21 shortcomings at such ports of entry, including, if applica22 ble, the following: 

23 (1) Increasing levels of staffing of CBP Agricul24 tural Specialists at ports of entry at which delays 


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1 hinder or negatively impact the local or national 

2 economies. 

3 (2) Increasing the use of or updating tech4 nology at ports of entry at which there are average 

5 delays of over two hours based on U.S. Customs and 

6 Border Protection data collected during the previous 

7 fiscal year. 

8 (3) Publishing rules on the handling of docu9 ments at ports of entry. 

10 (4) Establishing standards of conduct and de11 meanor when interacting with vulnerable popu12 lations, such as children and victims of human traf13 ficking, and individuals with border crossing cards. 

14 (5) Establishing training courses relating to 

15 management and leadership skills for supervisors 

16 and managers at ports of entry. 

17 SEC. 6. REPORTING REQUIREMENTS. 

18 (a) ANNUAL CBP REPORT ON MISSION AND PER19 SONNEL BY BORDER PATROL SECTOR.—Not later than 

20 one year after the date of the enactment of this Act and 

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

22 and Border Protection shall submit to the Committee on 

23 Homeland Security of the House of Representatives and 

24 the Committee on Homeland Security and Governmental 


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1 Affairs of the Senate a report that includes the following 

2 for each Border Patrol sector: 

3 (1) An assessment of the most appropriate, 

4 practical, and cost effective means of defending the 

5 land borders of the United States against threats to 

6 security and illegal transit, including intelligence ca7 pacities, technology, equipment, personnel, and 

8 training needed to address security vulnerabilities. 

9 (2) An assessment of staffing needs for all bor10 der security functions, including an assessment of 

11 efforts to take into account asylum seekers, traf12 ficking victims, unaccompanied children, and other 

13 vulnerable populations. 

14 (3) A description of the border security roles 

15 and missions of Federal, State, regional, local, and 

16 Tribal authorities, and recommendations regarding 

17 actions the Commissioner can carry out to improve 

18 coordination with such authorities to enable border 

19 security activities to be carried out in a more effi20 cient and effective manner. 

21 (4) A description of ways to ensure that the 

22 free flow of travel and commerce is not diminished 

23 by efforts, activities, and programs aimed at secur24 ing the land borders of the United States. 


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1 (5) An impact assessment of the loss of trade 

2 and commerce due to inadequate staffing at land 

3 ports of entry by U.S. Customs and Border Protec4 tion agents and officers. 

5 (b) REPORT ON MIGRANT DEATHS.— 

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

7 after the date of the enactment of this Act, the 

8 Commissioner of U.S. Customs and Border Protec9 tion and the Director of U.S. Immigration and Cus10 toms Enforcement shall jointly submit to the Comp11 troller General of the United States, the Committee 

12 on Homeland Security of the House of Representa13 tives, and the Committee on Homeland Security and 

14 Governmental Affairs of the Senate a report relating 

15 to deaths occurring along the United States-Mexico 

16 border, including information on the following: 

17 (A) The number of documented migrant 

18 deaths. 

19 (B) A geographical breakdown of where 

20 such migrant deaths occur. 

21 (C) To the extent possible, the cause of 

22 death for each migrant. 

23 (D) The extent to which border technology, 

24 physical barriers, and enforcement programs 

25 have contributed to such migrant deaths. 


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1 (E) A detailed description of U.S. Customs 

2 and Border Protection and U.S. Immigration 

3 and Customs Enforcement programs or plans to 

4 reduce the number of migrant deaths along the 

5 border, including an assessment on the effec6 tiveness of water supply sites and rescue bea7 cons. 

8 (2) GAO.—Not later than 90 days after the 

9 submission of the report required under paragraph 

10 (1), the Comptroller General of the United States 

11 shall review such report to determine the following: 

12 (A) The validity of U.S. Customs and Bor13 der Protection’s and U.S. Immigration and 

14 Customs Enforcement’s statistical analysis of 

15 migrant deaths. 

16 (B) The extent to which U.S. Customs and 

17 Border Protection and U.S. Immigration and 

18 Customs Enforcement have adopted simple and 

19 low-cost measures, such as water supply sites 

20 and rescue beacons, to reduce the frequency of 

21 migrants deaths. 

22 (C) The extent to which U.S. Customs and 

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1 ness of its programs to address the frequency 

2 of migrant deaths. 

3 (D) The extent of data and information 

4 sharing and cooperation between U.S. Customs 

5 and Border Protection, U.S. Immigration and 

6 Customs Enforcement, local and State law en7 forcement, foreign diplomatic and consular 

8 posts, and nongovernmental organizations to 

9 accurately identify deceased individuals and no10 tify family members and compare information 

11 to missing persons registries. 

12 (c) GAO REPORT ON USE OF FORCE.— 

13 (1) IN GENERAL.—Not later than one year 

14 after the date of the enactment of this Act, the 

15 Comptroller General of the United States shall ex16 amine the extent to which U.S. Customs and Border 

17 Protection and U.S. Immigration and Customs En18 forcement have clarified use of force policies, includ19 ing the following (and any recommendations related 

20 to the following): 

21 (A) The extent to which U.S. Customs and 

22 Border Protection and U.S. Immigration and 

23 Customs Enforcement have implemented new 

24 training tactics to improve use of force policies, 

25 including how the use of force policy conforms 


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1 to Department of Homeland Security and Fed2 eral law enforcement best practices. 

3 (B) The extent to which U.S. Customs and 

4 Border Protection and U.S. Immigration and 

5 Customs Enforcement have identified additional 

6 or alternative weapons and equipment to im7 prove agents’ and officers’ abilities to de-esca8 late confrontations, including protective gear. 

9 (C) Efforts to review and enhance current 

10 training and tactics related to use of force, and 

11 to implement reforms to ensure agents and offi12 cers are better equipped to assess and respond 

13 to threats. 

14 (D) The extent to which U.S. Customs and 

15 Border Protection and U.S. Immigration and 

16 Customs Enforcement have established a stake17 holder engagement framework to better inform 

18 and enhance U.S. Customs and Border Protec19 tion’s use of force training. 

20 (E) The extent to which U.S. Customs and 

21 Border Protection and U.S. Immigration and 

22 Customs Enforcement have established metrics 

23 to track the effectiveness of use of force train24 ing and to ensure the reporting of all uses of 

25 force for review to determine whether the force 


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1 used was justified and whether it could have 

2 been avoided through different tactics or train3 ing, better supervision, different tools, adher4 ence to policy, or changes in policy. 

5 (F) How U.S. Customs and Border Protec6 tion and U.S. Immigration and Customs En7 forcement could implement best law enforce8 ment practices to improve policies for trans9 parent communication with family members of 

10 individuals injured or killed by U.S. Customs 

11 and Border Protection or U.S. Immigration and 

12 Customs Enforcement agent’s and officer’s use 

13 of force, including updates on any pending in14 vestigations, and policies for timely notification 

15 of such injuries and deaths following such uses 

16 of force to the Commissioner of U.S. Customs 

17 and Border Protection or the Director of U.S. 

18 Immigration and Customs Enforcement (as the 

19 case may be), the Joint Intake Center of the 

20 Department of Homeland Security, the Office 

21 of Inspector General of the Department, the Of22 fice for Civil Rights and Civil Liberties of the 

23 Department, the Offices of Public Affairs of the 

24 Department, Congress, and the applicable con25 sulates, if appropriate. 


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1 (G) How recommendations and requests 

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

3 and Border Protection and U.S. Immigration 

4 and Customs Enforcement have been received, 

5 reviewed, and if possible implemented into U.S. 

6 Customs and Border Protection and Depart7 ment of Homeland Security use of force policies 

8 and best practices. 

9 (H) The extent to which U.S. Customs and 

10 Border Protection and U.S. Immigration and 

11 Customs Enforcement electronically track per12 sonal searches and seizures of personal items at 

13 the border, and an assessment of how such in14 formation is used to inform U.S. Customs and 

15 Border Protection and U.S. Immigration and 

16 Customs Enforcement policies and procedures. 

17 (2) IMPLEMENTATION OF GAO FINDINGS.—The 

18 Secretary of Homeland Security shall direct the 

19 Commissioner of U.S. Customs and Border Protec20 tion and the Director of U.S. Immigration and Cus21 toms Enforcement to implement any recommenda22 tions contained in the report required under para23 graph (1). If the Secretary does not so implement 

24 such recommendations, the Secretary shall submit to 

25 the Committee on Homeland Security of the House 


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1 of Representatives and the Committee on Homeland 

2 Security and Governmental Affairs of the Senate a 

3 written notification explaining why such rec4 ommendations are not being so implemented. 

5 (d) GAO REPORT ON BODY WORN CAMERAS.—Not 

6 later than one year after the date of the enactment of this 

7 Act, the Comptroller General of the United States shall 

8 assess the potential implementation by U.S. Customs and 

9 Border Protection and U.S. Immigration and Customs 

10 Enforcement of body worn cameras for all agents and offi11 cers of U.S. Customs and Border Protection and U.S. Im12 migration and Customs Enforcement, including relating to 

13 storage and public availability of associated data. 

14 SEC. 7. DEPARTMENT OF HOMELAND SECURITY ACCOUNT15 ABILITY AND TRANSPARENCY. 

16 (a) DEFINITIONS.—In this section: 

17 (1) BORDER SECURITY.—The term ‘‘border se18 curity’’ means the prevention of unlawful entries 

19 into the United States, including entries by individ20 uals, instruments of terrorism, narcotics, and other 

21 contraband. 

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

23 means a location— 

24 (A) at which vehicles or individuals trav25 eling through the location are stopped by a law 


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1 enforcement official for the purposes of enforce2 ment of United States laws and regulations; 

3 and 

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

5 along an international border of the United 

6 States. 

7 (3) LAW ENFORCEMENT OFFICIAL.—The term 

8 ‘‘law enforcement official’’ means— 

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

10 and Border Protection; 

11 (B) an agent or officer of U.S. Immigra12 tion and Customs Enforcement; or 

13 (C) an officer or employee of a State, or a 

14 political subdivision of a State, who is carrying 

15 out the functions of an immigration officer pur16 suant to— 

17 (i) an agreement entered into under 

18 section 287(g) of the Immigration and Na19 tionality Act (8 U.S.C. 1357(g)); 

20 (ii) authorization under title IV of the 

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

22 seq.); or 

23 (iii) any other agreement with the De24 partment of Homeland Security, including 

25 any Federal grant program. 


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

2 means search, seizure, or interrogation of a motor3 ist, passenger, or pedestrian initiated anywhere ex4 cept as part of an inspection at a port of entry or 

5 a primary inspection at a checkpoint. 

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

7 inspection’’ means an initial inspection of a vehicle 

8 or individual at a checkpoint. 

9 (6) SECONDARY INSPECTION.—The term ‘‘sec10 ondary inspection’’ means a further inspection of a 

11 vehicle or individual that is conducted following a 

12 primary inspection. 

13 (b) DATA COLLECTION BY LAW ENFORCEMENT OF14 FICIALS ENFORCING UNITED STATES LAWS AND REGU15 LATIONS AND MAKING BORDER SECURITY STOPS.— 

16 (1) REQUIREMENT FOR DATA COLLECTION RE17 GARDING STOPS AND SEARCHES.—A law enforce18 ment official who initiates a patrol stop or who de19 tains any individual beyond a brief and limited in20 quiry, such as a primary inspection at a checkpoint, 

21 shall record— 

22 (A) the date, time, and location of the con23 tact; 

24 (B) the law enforcement official’s basis for, 

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1 cluding if such individual’s perceived race or 

2 ethnicity contributed to the basis for, and cir3 cumstances surrounding, the contact; 

4 (C) the identifying characteristics of such 

5 individual, including the individual’s perceived 

6 race, gender, ethnicity, and approximate age; 

7 (D) the duration of the stop, detention, or 

8 search, whether consent was requested and ob9 tained for the contact, including any search; 

10 (E) a description of any articulable facts 

11 and behavior by the individual that justify initi12 ating the contact or probable cause to justify 

13 any search pursuant to such contact; 

14 (F) a description of any items seized dur15 ing such search, including contraband or 

16 money, and a specification of the type of search 

17 conducted; 

18 (G) whether any arrest, detention, warn19 ing, or citation resulted from such contact and 

20 the basis for such action; 

21 (H) the immigration status of the indi22 vidual, if obtained during the ordinary course of 

23 the contact without additional questioning in 

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1 moval proceedings were subsequently initiated 

2 against the individual; 

3 (I) whether a body-worn camera or any 

4 other video or audio recording exists that re5 corded the stop or detention; 

6 (J) whether force was used by the law en7 forcement official and, if so, the type of force, 

8 justification for using force, and whether the 

9 use of force resulted in injury or death; 

10 (K) whether any complaint was made by 

11 the individual subject to the contact, and if 

12 so— 

13 (i) which oversight components within 

14 or outside of the Department of Homeland 

15 Security investigated the complaint; 

16 (ii) how long the investigation lasted; 

17 (iii) a description of the methods of 

18 investigation used; and 

19 (iv) the badge number of the law en20 forcement official involved in the com21 plaint; 

22 (L) if the contact was initiated by a State 

23 or local law enforcement agency— 

24 (i) the reason for involvement of a 

25 Federal law enforcement official; 


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1 (ii) the duration of the contact prior 

2 to contact with any Federal law enforce3 ment official; 

4 (iii) the method by which a Federal 

5 law enforcement official was informed of 

6 the stop; and 

7 (iv) whether the individual was being 

8 held by State or local officials on State 

9 criminal charges at the time of such con10 tact; 

11 (M) if the contact was initiated by a State 

12 or local law enforcement agency of a State, 

13 whether such agency was acting pursuant to— 

14 (i) an agreement entered into under 

15 section 287(g) of the Immigration and Na16 tionality Act (8 U.S.C. 1357(g)); 

17 (ii) authorization under title IV of the 

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

19 seq.); or 

20 (iii) pursuant to any other agreement 

21 with the Department of Homeland Secu22 rity, including any Federal grant program; 

23 (N) if the contact involved an individual 

24 whose primary language of communication is 

25 not English, the means of communication used; 


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1 (O) if the contact occurred at a location 

2 proximate to a place of worship or religious 

3 ceremony, school or education-related place or 

4 event, courthouse or other civic building pro5 viding services accessible to the public, hospital, 

6 medical treatment, or health care facility, at a 

7 public demonstration, or an attorney’s office, 

8 including a public defender or legal aid office; 

9 and 

10 (P) if the contact occurred at a location 

11 described in subparagraph (O), why that loca12 tion was chosen and any supervisory approval 

13 that was sought to carry out the contact at the 

14 location. 

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

16 BORDER PROTECTION DATA COLLECTION REGARD17 ING CHECKPOINTS.—The Commissioner of U.S. Cus18 toms and Border Protection shall collect data on— 

19 (A) the number of permanent and tem20 porary checkpoints utilized by agents and offi21 cers of U.S. Customs and Border Protection; 

22 (B) the location of each such checkpoint; 

23 (C) the dates on which a temporary check24 point was used; and 


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1 (D) a description of each such checkpoint, 

2 including the presence of any other law enforce3 ment agencies and the use of law enforcement 

4 resources, such as canines and surveillance 

5 technologies, including license plate readers. 

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

7 after the date of the enactment of this Act, the Sec8 retary of Homeland Security, in consultation with 

9 stakeholders, including research, civil, and human 

10 rights organizations, shall promulgate regulations re11 lating to the collection and reporting of data re12 quired under paragraphs (1) and (2), which shall— 

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

14 (B) provide standards, definitions, and 

15 technical specifications to ensure uniform re16 porting. 

17 (4) COMPILATION OF DATA.— 

18 (A) DEPARTMENT OF HOMELAND SECU19 RITY LAW ENFORCEMENT OFFICIALS.—The 

20 Secretary of Homeland Security shall compile— 

21 (i) the data collected under paragraph 

22 (1) by agents and officers of U.S. Immi23 gration and Customs Enforcement and 

24 U.S. Customs and Border Protection; 


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1 (ii) the data collected under para2 graph (2) by the Commissioner of U.S. 

3 Customs and Border Protection; and 

4 (iii) an analysis for all incidents inves5 tigated by the Department of Homeland 

6 Security’s Office of Inspector General, 

7 U.S. Customs and Border Protection’s Of8 fice of Professional Responsibility, or U.S. 

9 Immigration and Customs Enforcement’s 

10 Office of Professional Responsibility to de11 termine whether the data required to be 

12 collected under this Act were properly re13 corded and, if not, the corrective measures 

14 that were or will be taken. 

15 (B) OTHER LAW ENFORCEMENT OFFI16 CIALS.—The head of each agency, department, 

17 or other entity that employs law enforcement 

18 officials other than agents and officers referred 

19 to in subparagraph (A) shall— 

20 (i) compile the data collected by such 

21 law enforcement officials pursuant to para22 graph (1); and 

23 (ii) submit the compiled data to the 

24 Secretary of Homeland Security. 


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

2 Security shall consider the data compiled under 

3 paragraph (4) in making policy and program deci4 sions. 

5 (6) AUDIT AND REPORT.—Not later than one 

6 year after the effective date of the regulations pro7 mulgated under paragraph (3), the Comptroller Gen8 eral of the United States shall— 

9 (A) conduct an audit of the data compiled 

10 under paragraph (4) to determine whether law 

11 enforcement officials are complying with the 

12 data collection requirements under paragraph 

13 (1); and 

14 (B) submit to Congress a report that con15 tains a summary of the findings of such audit. 

16 (c) ANNUAL REPORT.— 

17 (1) REQUIREMENT.—Not later than one year 

18 after the date of the enactment of this Act and an19 nually thereafter, the Secretary of Homeland Secu20 rity shall submit to Congress a report on the data 

21 compiled under subsection (b)(4), including all such 

22 data for the previous year. 

23 (2) AVAILABILITY.—Each report submitted 

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


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1 public, except for particular data if the Secretary of 

2 Homeland Security— 

3 (A) explicitly invokes an exemption con4 tained in paragraphs (1) through (9) of section 

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

6 (B) provides a written explanation for the 

7 exemption’s applicability. 

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

9 unique personal identifying information of persons 

10 stopped, searched, or subjected to a property sei11 zure, for purposes of this section. 

12 (4) PUBLICATION.—The data compiled under 

13 subsection (b)(4) shall be made available to the pub14 lic to the extent the release of such data is permis15 sible under Federal law. 

16 SEC. 8. LIMITATION ON THE SEPARATION OF FAMILIES. 

17 (a) LIMITATION.— 

18 (1) IN GENERAL.—An agent or officer of a des19 ignated agency shall be prohibited from removing a 

20 child from his or her parent or legal guardian, at or 

21 near the port of entry or within 100 miles of a bor22 der of the United States, unless one of the following 

23 has occurred: 

24 (A) A State court, authorized under State 

25 law, terminates the rights of the parent or legal 


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1 guardian, determines that it is in the best inter2 ests of the child to be removed from the parent 

3 or legal guardian, in accordance with the Adop4 tion and Safe Families Act of 1997 (Public 

5 Law 105–89), or makes any similar determina6 tion that is legally authorized under State law. 

7 (B) An official from the State or county 

8 child welfare agency with expertise in child 

9 trauma and development makes a best interests 

10 determination that it is in the best interests of 

11 the child to be removed from the parent or legal 

12 guardian because the child is in danger of 

13 abuse or neglect at the hands of the parent or 

14 legal guardian, or is a danger to herself or oth15 ers. 

16 (2) EXCEPTION.—In the case that a child is re17 moved from his or her parent or legal guardian 

18 under this section, an independent child welfare ex19 pert licensed by the State or county in which the 

20 child was so removed shall make a determination re21 garding whether such separation is authorized not 

22 later than 48 hours after such removal, and if such 

23 expert does not authorize such separation, the child 

24 shall be reunited with his or her parent or legal 


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1 guardian not later than 48 hours after such deter2 mination. 

3 (b) PROHIBITION ON SEPARATION.— 

4 (1) IN GENERAL.—A designated agency may 

5 not remove a child from a parent or legal guardian 

6 solely for the policy goal of deterring individuals 

7 from migrating to the United States or for the pol8 icy goal of promoting compliance with civil immigra9 tion laws. 

10 (2) PENALTY FOR FAMILY SEPARATION.—Any 

11 person who knowingly separates a child from his or 

12 her parent or legal guardian in violation of this sec13 tion, shall be fined not more than $10,000. 

14 (c) DOCUMENTATION REQUIRED.—The Secretary 

15 shall ensure that a separation under subsection (a)(3) is 

16 documented in writing and includes, at a minimum, the 

17 reason for such separation, together with the stated evi18 dence for such separation. 

19 SEC. 9. ELECTRONIC TRACKING. 

20 (a) ESTABLISHMENT.—The Secretary of Homeland 

21 Security and the Secretary of Health and Human Services 

22 shall establish an electronic tracking system on a single 

23 interface, which— 

24 (1) shall be accessible to agents and officials of 

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1 tion and Customs Enforcement, and the Office of 

2 Refugee Resettlement; and 

3 (2) shall be used to track the location of a child 

4 who has been removed pursuant to section 8 and the 

5 parent or legal guardian of the child. 

6 (b) TRACKING NUMBER.—The Secretary of Home7 land Security shall assign to a child who has been removed 

8 pursuant to section 8 and the parent or legal guardian 

9 of the child a tracking number that— 

10 (1) is transferrable; 

11 (2) may be shared easily on the electronic 

12 tracking system described in subsection (a) by 

13 agents and officials of— 

14 (A) U.S. Customs and Border Protection; 

15 (B) U.S. Immigration and Customs En16 forcement; and 

17 (C) the Office of Refugee Resettlement; 

18 and 

19 (3) is included on the paperwork of the child 

20 and the parent or legal guardian of the child. 

21 (c) CONTACT INFORMATION.—The Secretary of 

22 Homeland Security and the Secretary of Health and 

23 Human Services shall advise a child who has been removed 

24 pursuant to section 8 and the parent or legal guardian 

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1 ent or legal guardian may be contacted during the term 

2 of the removal. 

3 SEC. 10. INDEPENDENCE OF IMMIGRATION JUDGES. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Comptroller General of the United States 

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

7 and made available to the public, on the feasibility of es8 tablishing an immigration court outside the executive 

9 branch composed of judges appointed for a fixed term with 

10 jurisdiction over cases arising out of the Immigration and 

11 Nationality Act (8 U.S.C. 1101 et seq.) or any other immi12 gration law of the United States and the appeal of such 

13 cases, the impact that such an immigration court will have 

14 on the case backlog of immigration judges, barriers to the 

15 creation of such an immigration court, and recommenda16 tions for Congress. 

Æ 


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