(5) PRIMARY INSPECTION.—The term ‘‘primary 
inspection’’ means an initial inspection of a vehicle 
or individual at a checkpoint. 
(6) SECONDARY INSPECTION.—The term ‘‘sec-
ondary inspection’’ means a further inspection of a 
vehicle or individual that is conducted following a 
primary inspection. 
(b) DATA COLLECTION BY LAW ENFORCEMENT OF-
FICIALS ENFORCING UNITED STATES LAWS AND REGU-
LATIONS AND MAKING BORDER SECURITY STOPS.— 
(1) REQUIREMENT FOR DATA COLLECTION RE-
GARDING
STOPS
AND
SEARCHES.—A law enforce-
ment official who initiates a patrol stop or who de-
tains any individual beyond a brief and limited in-
quiry, such as a primary inspection at a checkpoint, 
shall record— 
(A) the date, time, and location of the con-
tact; 
(B) the identifying characteristics of such 
individual, including the individual’s perceived 
race, gender, ethnicity, and approximate age; 
(C) a description of any items seized dur-
ing such search, including contraband or 
money, and a specification of the type of search 
conducted; 
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(D) whether any arrest, detention, warn-
ing, or citation resulted from such contact; 
(E) the immigration status of the indi-
vidual, only if obtained during the ordinary 
course of the contact without additional ques-
tioning in accordance with this section; 
(F) if the contact involved an individual 
whose primary language of communication is 
not English, the means of communication used; 
(G) whether a body-worn camera or any 
other video or audio recording exists that re-
corded the stop or detention; and 
(H) if the contact was initiated by a State 
or local law enforcement agency of a State, 
whether such agency was acting pursuant to— 
(i) an agreement entered into under 
section 287(g) of the Immigration and Na-
tionality 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 De-
partment of Homeland Security, including 
any Federal grant program. 
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(2) REQUIREMENT
FOR
U.S. CUSTOMS
AND 
BORDER PROTECTION DATA COLLECTION REGARD-
ING CHECKPOINTS.—The Commissioner of U.S. Cus-
toms and Border Protection shall collect data re-
garding— 
(A) the number of permanent and tem-
porary checkpoints utilized by agents and offi-
cers of U.S. Customs and Border Protection; 
(B) the location of each such checkpoint; 
(C) the dates on which a temporary check-
point was used; and 
(D) a description of each such checkpoint, 
including the presence of any other law enforce-
ment agencies and the use of law enforcement 
resources, such as canines and surveillance 
technologies, including license plate readers. 
(3) RULEMAKING.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
stakeholders, including research, civil, and human 
rights organizations, shall promulgate regulations re-
lating to the collection and reporting of data re-
quired under paragraphs (1) and (2). Such regula-
tions shall— 
(A) specify all data to be reported; and 
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(B) provide standards, definitions, and 
technical specifications to ensure uniform re-
porting. 
(4) COMPILATION OF DATA.— 
(A) DEPARTMENT
OF
HOMELAND
SECU-
RITY
LAW
ENFORCEMENT
OFFICIALS.—The 
Secretary of Homeland Security shall— 
(i) compile the data collected under 
paragraph (1) by agents and officers of 
U.S. Customs and Border Protection and 
the data collected under paragraph (2) by 
the Commissioner of U.S. Customs and 
Border Protection; and 
(ii) determine— 
(I) whether any complaint was 
made by the individual subject to the 
contact under paragraph (1); and 
(II) which oversight component 
within or outside of the Department 
of Homeland Security investigated the 
complaint. 
(B) OTHER
LAW
ENFORCEMENT
OFFI-
CIALS.—The head of each agency, department, 
or other entity that employs law enforcement 
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officials other than agents and officers referred 
to in subparagraph (A) shall— 
(i) compile the data collected by such 
law enforcement officials pursuant to para-
graph (1); and 
(ii) submit the compiled data to the 
Secretary of Homeland Security. 
(5) USE OF DATA.—The Secretary of Homeland 
Security shall consider the data compiled pursuant 
to paragraph (4) in making policy and program deci-
sions. 
(6) AUDIT
AND
REPORT.—Not later than 1 
year after the effective date of the regulations pro-
mulgated pursuant to paragraph (3), the Comp-
troller General of the United States shall— 
(A) conduct an audit of the data compiled 
under paragraph (4) to determine whether law 
enforcement officials are complying with the 
data collection requirements under paragraph 
(1); and 
(B) submit a report to Congress that con-
tains a summary of the findings of such audit. 
(c) ANNUAL REPORT.— 
(1) REQUIREMENT.—Not later than 1 year 
after the date of the enactment of this Act and an-
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nually thereafter, the Secretary of Homeland Secu-
rity shall submit a report to Congress containing the 
data compiled under subsection (b)(3), 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 con-
tained 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 may not report 
unique personal identifying information of persons 
stopped, searched, or subjected to a property sei-
zure, for purposes of this section. 
(4) PUBLICATION.—The data compiled pursu-
ant to subsection (b)(3) shall be made available to 
the public to the extent the release of such data is 
permissible under Federal law. 
SEC. 7. REPORTING REQUIREMENTS. 
(a) ANNUAL CBP REPORT ON MISSION AND PER-
SONNEL BY BORDER PATROL SECTOR.—Not later than 
1 year after the date of the enactment of this Act and 
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annually thereafter, the Commissioner of U.S. Customs 
and Border Protection shall submit a report to the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security 
of the House of Representatives that includes, for each 
Border Patrol sector— 
(1) an assessment of the most appropriate, 
practical, and cost effective means of defending the 
land borders of the United States against threats to 
security and illegal transit, including intelligence ca-
pacities, technology, equipment, personnel, and 
training needed to address security vulnerabilities; 
(2) an assessment of staffing needs for all bor-
der security functions, including an assessment of 
efforts to take into account asylum seekers, traf-
ficking victims, unaccompanied children, and other 
vulnerable populations; 
(3) a description of— 
(A) the border security roles and missions 
of Federal, State, regional, Tribal, and local au-
thorities; and 
(B) recommendations regarding actions the 
Commissioner could carry out to improve co-
ordination with such authorities to enable bor-
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der security activities to be carried out in a 
more efficient and effective manner; 
(4) a description of ways to ensure that the free 
flow of travel and commerce is not diminished by ef-
forts, activities, and programs aimed at securing the 
land borders of the United States; and 
(5) an impact assessment of the loss of trade 
and commerce due to inadequate staffing at land 
ports of entry by U.S. Customs and Border Protec-
tion agents and officers. 
(b) ANNUAL REPORT ON MIGRANT DEATHS.— 
(1) CBP AND ICE.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, the Commissioner of U.S. Customs 
and Border Protection and the Director of U.S. Im-
migration and Customs Enforcement shall jointly 
submit a report to the Comptroller General of the 
United States, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the 
Committee on Homeland Security of the House of 
Representatives regarding deaths occurring along 
the United States-Mexico border, including— 
(A) the number of documented migrant 
deaths; 
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(B) a geographical breakdown of where 
such migrant deaths occurred; 
(C) the cause of death for each migrant, to 
the extent such information is available; 
(D) the extent to which border technology, 
physical barriers, and enforcement programs 
have contributed to such migrant deaths; and 
(E) 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 effec-
tiveness of water supply sites and rescue bea-
cons. 
(2) GAO REVIEW.—Not later than 90 days 
after the submission of each report required under 
paragraph (1), the Comptroller General of the 
United States shall review such report to deter-
mine— 
(A) the validity of U.S. Customs and Bor-
der Protection’s and U.S. Immigration and 
Customs Enforcement’s statistical analyses of 
migrant deaths; 
(B) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
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Customs Enforcement have adopted simple and 
low-cost measures, such as water supply sites 
and rescue beacons, to reduce the frequency of 
migrants deaths; 
(C) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement measure the effectiveness 
of its programs to address the frequency of mi-
grant deaths; and 
(D) the extent of data and information 
sharing and cooperation among U.S. Customs 
and Border Protection, U.S. Immigration and 
Customs Enforcement, State and local law en-
forcement, foreign diplomatic and consular 
posts, and nongovernmental organizations— 
(i) to accurately identify deceased in-
dividuals; 
(ii) to notify family members of such 
deaths; and 
(iii) to compare information to miss-
ing persons registries. 
(c) GAO REPORT ON USE OF FORCE.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Comp-
troller General of the United States shall conduct a 
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study that examines the extent to which U.S. Cus-
toms and Border Protection and U.S. Immigration 
and Customs Enforcement have clarified use of force 
policies and submit a report to Congress containing 
the results of such study, which shall include— 
(A) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement have implemented new 
training tactics to improve use of force policies, 
including how the use of force policies conform 
to Department of Homeland Security and Fed-
eral law enforcement best practices; 
(B) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement have identified additional 
or alternative weapons and equipment to im-
prove agents’ and officers’ abilities to de-esca-
late confrontations, including protective gear; 
(C) efforts to review and enhance current 
training and tactics related to use of force, and 
to implement reforms to ensure that agents and 
officers are better equipped to assess and re-
spond to threats; 
(D) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
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Customs Enforcement have established a stake-
holder engagement framework to better inform 
and enhance U.S. Customs and Border Protec-
tion’s use of force training; 
(E) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs 
Enforcement 
have 
established 
metrics— 
(i) to track the effectiveness of use of 
force training; and 
(ii) to ensure the reporting of all uses 
of force for review to determine whether 
the force used was justified and whether it 
could have been avoided through different 
tactics or training, better supervision, dif-
ferent tools, adherence to policy, or 
changes in policy; 
(F) how U.S. Customs and Border Protec-
tion and U.S. Immigration and Customs En-
forcement could implement best law enforce-
ment practices to improve policies for trans-
parent communication with family members of 
individuals injured or killed by U.S. Customs 
and Border Protection or U.S. Immigration and 
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Customs Enforcement agent’s and officer’s use 
of force, including— 
(i) updates on any pending investiga-
tions; and 
(ii) policies for timely notification of 
such injuries and deaths following such 
uses of force to the Commissioner of U.S. 
Customs and Border Protection or the Di-
rector of U.S. Immigration and Customs 
Enforcement, the Joint Intake Center of 
the Department of Homeland Security, the 
Office of Inspector General of the Depart-
ment, the Office for Civil Rights and Civil 
Liberties of the Department, the Offices of 
Public Affairs of the Department, Con-
gress, and the applicable consulates, if ap-
propriate; 
(G) how recommendations and requests 
made by agents and officers of U.S. Customs 
and Border Protection and U.S. Immigration 
and Customs Enforcement have been received, 
reviewed, and, if possible, implemented into the 
use of force policies and best practices of U.S. 
Customs and Border Protection; and 
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(H) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement electronically track per-
sonal searches and seizures of personal items at 
the border, including an assessment of how 
such information is used to inform U.S. Cus-
toms and Border Protection and U.S. Immigra-
tion and Customs Enforcement policies and 
procedures. 
(2) IMPLEMENTATION OF GAO FINDINGS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security shall direct the Commis-
sioner of U.S. Customs and Border Protection 
and the Director of U.S. Immigration and Cus-
toms Enforcement to implement any rec-
ommendations contained in the report required 
under paragraph (1). 
(B) NOTIFICATION REQUIREMENT.—If the 
Secretary of Homeland Security fails to imple-
ment such recommendations, the Secretary 
shall submit written notification to the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate, and the Com-
mittee on Homeland Security of the House of 
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Representatives that explains why such rec-
ommendations have not been implemented. 
(d) CBP REPORT ON USE OF BODY-WORN CAM-
ERAS.— 
(1) DEFINED TERM.—In this subsection, the 
term ‘‘data’’ means video and audio footage cap-
tured by a body-worn camera during its use. 
(2) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Commis-
sioner of U.S. Customs and Border Protection shall 
submit a report to the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, and 
the Committee on Homeland Security of the House 
of Representatives relating to the use, practices, and 
procedures of body-worn cameras by U.S. Customs 
and Border Protection agents and officers, includ-
ing— 
(A) the number of body-worn cameras in 
active use within U.S. Customs and Border 
Protection; 
(B) the location, broken down by station, 
in which such body-worn cameras are in use; 
(C) the rank and position of the agents 
and officers of U.S. Customs and Border Pro-
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tection at each such station who are assigned 
body-worn cameras; 
(D) the standing policies of U.S. Customs 
and Border Protection regarding— 
(i) the storage of body-worn camera 
data, including additional requirements or 
decisions that are unique to a particular 
sector; 
(ii) the review of data from individual 
body-worn cameras; and 
(iii) the request for review of data 
from individual body-worn cameras by U.S. 
Customs and Border Protection personnel 
or civilians; 
(E) the latest complaint reports from each 
sector and location in which body-worn cameras 
are being used; and 
(F) any existing plan to implement, on a 
permanent basis, the use of body-worn cameras 
by officers and agents of U.S. Customs and 
Border Protection. 
(3) GAO REVIEW.—Not later than 90 days 
after the submission of the report required under 
paragraph (2), the Comptroller General of the 
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United States shall review such report to deter-
mine— 
(A) the extent to which U.S. Customs and 
Border Protection has adopted measures re-
lated to body-worn cameras; and 
(B) the effectiveness of U.S. Customs and 
Border Protection use, practices, and proce-
dures of body-worn cameras by agents and offi-
cers. 
(e) REPORT ON THE IMPACT OF BORDER ENFORCE-
MENT TECHNOLOGIES
AND OPERATIONS
ON BORDER 
COMMUNITIES.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit a report to the Committee on Home-
land Security and Governmental Affairs of the Senate, the 
Committee on the Judiciary of the Senate, the Committee 
on Homeland Security of the House of Representatives, 
and the Committee on the Judiciary of the House of Rep-
resentatives that assesses— 
(1) the efforts and technologies used along 
United States borders; and 
(2) the impact on border communities of such 
efforts and technologies on civil rights, private prop-
erty rights, privacy rights, and civil liberties. 
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(f) GAO REPORT ON THE EXTENT OF CBP ACTIVI-
TIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 
later than 1 year after the date of the enactment of this 
Act, the Comptroller General of the United States shall 
submit a report to the congressional committees referred 
to in subsection (e) that assesses— 
(1) the range of the current activities, oper-
ations (including checkpoints), and claimed authority 
of U.S. Customs and Border Protection; 
(2) the extent to which the range of activities, 
operations, and claimed authority referred to in 
paragraph (1) is necessary for U.S. Customs and 
Border Protection’s interior enforcement; and 
(3) the impact of U.S. Customs and Border 
Protection’s interior enforcement and activities de-
scribed in paragraphs (1) and (2) on civil, constitu-
tional, and private property rights. 
(g) GAO REPORT ON FEASIBILITY OF ESTABLISH-
MENT OF ALTERNATE IMMIGRATION COURT SYSTEM.— 
Not later than 1 year after the date of the enactment of 
this Act, the Comptroller General of the United States 
shall submit to Congress a report, which shall be published 
and made available to the public, on the feasibility of es-
tablishing an immigration court system, outside the execu-
tive branch, composed of judges appointed for a fixed term 
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tions under the immigration laws (as defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)) may remove a child from the parent 
or legal guardian of such child, at or near a port of 
entry or within 100 miles of a border of the United 
States, if one of the following has been satisfied: 
(A) Any 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 de-
termination that is legally authorized under 
State law. 
(B) Any official from a State or county 
child welfare agency makes a determination 
that it is in the best interests of the child to be 
removed from the parent or legal guardian be-
cause the child is in danger of abuse or neglect 
at the hands of the parent or legal guardian, or 
the child is a danger to himself or herself or 
others. 
(2) 
INDEPENDENT
AUTHORIZATION
RE-
QUIRED.— 
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(A) IN GENERAL.—In the case that a child 
is removed from the parent or legal guardian of 
such child pursuant to this subsection, not later 
than 48 hours after such removal, the Secretary 
of Homeland Security shall seek a determina-
tion from a qualified child welfare expert on 
whether removal of the child from the parent or 
legal guardian was permissible under this sub-
section. 
(B) RESULTS OF DETERMINATION.—If the 
qualified child welfare expert does not make a 
determination that the removal of the child 
from the parent or legal guardian was permis-
sible under this subsection, the child shall be re-
united with the parent or legal guardian. 
(c) CAUSE OF ACTION.—A parent or legal guardian 
of a child removed in violation of this section may bring 
an action against the Secretary of Homeland Security in 
a district court of the United States for injunctive relief. 
(d) PENALTY FOR FAMILY SEPARATION.—Any per-
son who knowingly removes a child from their parent or 
legal guardian in violation of this section, shall be fined 
not more than $10,000 per occurrence of such removal. 
(e) DOCUMENTATION REQUIRED.—In the case that 
a child is removed from the parent or legal guardian of 
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such child in accordance with this section, the Secretary 
of Homeland Security shall ensure that the parent or legal 
guardian of the child is provided documentation of such 
removal, including— 
(1) why the child was removed from the parent 
or guardian; and 
(2) any evidence the Secretary has relating to 
removal of the child from the parent or legal guard-
ian. 
(f) DEFINITIONS.—In this section: 
(1) CHILD WELFARE AGENCY DEFINED.—The 
term ‘‘child welfare agency’’ means the State, terri-
torial, or Tribal agency responsible for child or fam-
ily services and welfare. 
(2) QUALIFIED CHILD WELFARE EXPERT.—The 
term ‘‘qualified child welfare expert’’ means a child 
welfare expert licensed by the State or county in 
which the child was removed from the parent or 
legal guardian of such child and who is independent 
of the U.S. Customs and Border Protection. 
SEC. 9. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed to limit the 
right any parent, legal guardian or child may have under 
law, including the settlement agreement in Ms. L. v. ICE, 
18–cv–00428 (S.D. Cal. Dec. 11, 2023), or any tort rem-
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edy under chapter 171 of title 28, United States Code 
(commonly referred to as the ‘‘Federal Tort Claims Act’’) 
or other Act. 
Æ 
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