forcement activities of U.S. Customs and Border Pro-
tection and U.S. Immigration and Customs Enforce-
ment. 
‘‘(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 Se-
curity and the Committee on the Judiciary of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs and the Committee on the 
Judiciary of the Senate a report prepared by the Ombuds-
man that provides information regarding the Office of the 
Ombudsman’s activities for the prior year, including infor-
mation 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 Cus-
toms Enforcement, or any subcontracted or cooper-
ating entity personnel, for violations of law or viola-
tions 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, 
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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 em-
ployee of U.S. Customs and Border Protection or U.S. 
Immigration and Customs Enforcement, or any sub-
contracted or cooperating entity personnel, for viola-
tions 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 Immi-
gration Services for immigration relief; and 
‘‘(D) resolved in some other manner. 
‘‘(4) Findings and recommendations for the pe-
riod that address chronic concerns in border security 
and enforcement activities of U.S. Customs and Bor-
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der 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 con-
cerns in border security and enforcement activities. 
‘‘(d) PUBLICATION.—Not later than 30 days after re-
ceiving 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, to-
gether 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 Om-
budsman 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.’’. 
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SEC. 202. ESTABLISHMENT OF BORDER COMMUNITY STAKE-
HOLDER ADVISORY COMMITTEE. 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002, as amended by section 201 of 
this Act, is further amended by adding at the end the fol-
lowing 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 bor-
der security and immigration enforcement matters, 
including on the development, refinement, and imple-
mentation of policies, protocols, programs, and rule-
making pertaining to border security and immigra-
tion enforcement that may impact border commu-
nities. 
‘‘(2) RECOMMENDATIONS.—The Advisory Com-
mittee shall develop, at the request of the Secretary, 
recommendations regarding policies, protocols, pro-
grams and rulemaking pertaining to border security 
and immigration enforcement that may impact bor-
der communities. 
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‘‘(3) PERIODIC REPORTS.—The Advisory Com-
mittee 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 Com-
mittee. 
‘‘(4) ANNUAL REPORT.—The Advisory Committee 
shall submit to the Secretary an annual report pro-
viding information on the activities, findings, and 
recommendations of the Advisory Committee, includ-
ing its subcommittees, for the preceding year. Not 
later than six months after the date on which the Sec-
retary receives the annual report, the Secretary shall 
publish a public version describing the Advisory Com-
mittee’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 Advi-
sory Committee under paragraph (4), the Secretary 
shall respond in writing to the Advisory Committee 
with feedback on each of the recommendations, an ac-
tion plan to implement any of the recommendations 
with which the Secretary concurs, and a justification 
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for why any of the recommendations have been re-
jected. 
‘‘(6) CONGRESSIONAL NOTIFICATION.—Not later 
than 30 days after providing written feedback to the 
Advisory Committee under paragraph (5), the Sec-
retary shall notify the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs 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 Se-
curity 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 Advi-
sory Committee. 
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semiannually and may convene additional meet-
ings 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 Com-
mittee 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 deter-
mine if there is cause for the member to be restricted 
from possessing sensitive security information. With-
out 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 informa-
tion in accordance with part 1520 of title 49, Code 
of Federal Regulations. 
‘‘(6) CHAIRPERSON.—A stakeholder representa-
tive on the Advisory Committee who is elected by the 
appointed membership of the Advisory Committee 
shall chair the Advisory Committee. 
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‘‘(d) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory 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 ‘Advi-
sory Committee’ means the border community stake-
holder advisory committee established under sub-
section (a). 
‘‘(2) BORDER COMMUNITY STAKEHOLDER.—The 
term ‘border community stakeholder’ means individ-
uals who have ownership interests or reside in the 
land borders of the United States and who have not 
publicly taken positions on the Trump Administra-
tion’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 oper-
ating 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.’’. 
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(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 Com-
mittee.’’. 
SEC. 203. TRAINING AND CONTINUING EDUCATION. 
(a) MANDATORY TRAINING
AND CONTINUING EDU-
CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY 
AND PROFESSIONALISM.—The Secretary of Homeland Se-
curity shall establish policies and guidelines to ensure that 
every agent and officer of U.S. Customs and Border Protec-
tion and U.S. Immigration and Customs Enforcement re-
ceives a minimum of 20 weeks of training upon onboarding 
that is directly related to the mission and 40 hours of train-
ing and continuing education annually thereafter, to in-
clude 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 Secu-
rity shall establish policies and guidelines governing train-
ing and continuing education of agents and officers of U.S. 
Customs and Border Protection and U.S. Immigration and 
Customs Enforcement regarding accountability, standards 
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for professional and ethical conduct, and oversight. Such 
training shall address the following: 
(1) Community relations, including the fol-
lowing: 
(A) Best practices in community policing, 
cultural awareness, and carrying out enforce-
ment 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 griev-
ances and how to refer complaints to the Om-
budsman for Border and Immigration Related 
Concerns in accordance with section 437 of the 
Homeland Security Act of 2002, as added by sec-
tion 201 of this Act. 
(2) Interaction with vulnerable populations, in-
cluding instruction on screening, identifying, and re-
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sponding to vulnerable populations, such as children, 
victims of human trafficking, and the acutely ill. 
(3) Standards of professional and ethical con-
duct, including the following: 
(A) Lawful use of force, de-escalation tac-
tics, 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 ac-
tions, situational and educational development, and stand-
ards of conduct of their staffs. 
(d) CONTINUING EDUCATION.— 
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(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. Im-
migration and Customs Enforcement who are re-
quired 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 Home-
land Security policies, procedures, and guidelines re-
lated to the subject matters described in such sub-
sections. 
(2) CONSTITUTIONAL AUTHORITY SUBJECT MAT-
TER.—Continuing education under this subsection 
shall include a course on protecting the civil, constitu-
tional, human, and privacy rights of individuals, 
with special emphasis on the scope of enforcement au-
thority, including chain of evidence practices and 
document seizure, and use of force policies available 
to agents and officers. 
(3) 
ADDITIONAL
SUBJECT
MATTERS.—Con-
tinuing education under this subsection shall also in-
clude a course on the following: 
(A) Scope of authority to conduct immigra-
tion enforcement activities, including interviews, 
interrogations, stops, searches, arrests, and de-
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tentions, in addition to identifying and detecting 
fraudulent documents. 
(B) Identifying, screening, and responsi-
bility for vulnerable populations, such as chil-
dren 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 Train-
ing Centers. 
(e) TRAINING ASSESSMENT.—Not later than three 
years after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental 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 Se-
curity and Judiciary of the House of Representatives and 
the Committees on Homeland Security and Governmental 
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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 when-
ever 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. Immigra-
tion and Customs Enforcement. 
(2) Policies, procedures, and training modules 
for the use of body-worn cameras by agents and offi-
cers, including training modules relating to the ap-
propriate 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 provi-
sion 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: 
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(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 de-
velopment 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 fam-
ily member solely for the policy goal of deterring in-
dividuals 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 
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her parent, legal guardian, or family member in vio-
lation 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 Sec-
retary of Homeland Security shall ensure that each indi-
vidual 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. 
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enforcement official for the purposes of enforce-
ment 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 pur-
suant 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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