,i #aafth ,,congress #ast ,session ,h4 ,r4 #bbjc ,,in ,,the ,,house ,,of ,,representatives ,april #aj1 #bjai ,ms4 ,escobar 7for herself1 ,mr4 ,castro of ,texas1 ,mr4 ,espaillat1 and ,ms4 ,garcia of ,texas7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on the ,judiciary1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to increase transparency1 accountability1 and community engagement within the ,department of ,homeland ,security1 provide independent oversight of border security activities1 improve training for agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,homeland ,security ,improvement ,act4 #b4 ,stakeholder and community engagement 7a7 ,department of ,homeland ,security ,border ,oversight ,commission 7#a7 ,establishment ,there is established an independent commission1 which shall be known as the ,department of ,homeland ,security ,border ,oversight ,commission 7in this ,act referred to as the ,commission74 7#b7 ,organization 7,a7 ,leadership ,the ,commission shall be led by a ,chair and ,vice ,chair4 7,b7 ,membership 7i7 ,in general ,the ,commission shall be composed of #cj members1 recommended by ,congress1 in consultation with the ,president1 who have expertise in migration1 local crime indices1 civil and human rights1 community relations1 cross-border trade and commerce1 quality of life indicators1 or other pertinent experience1 of whom-- 7,i7 #ac members shall be from the northern border region and shall include-- 7aa7 two local government elected officials2 7bb7 two local law enforcement officials2 7cc7 two civil rights advocates2 7dd7 one business representative2 7ee7 one higher education representative2 7ff7 one representative of a faith community2 7gg7 two representatives of the ,u4,s4 ,border ,patrol2 and 7hh7 two tribal officials2 and 7,,ii7 #ag members shall be from the southern border region and shall include-- 7aa7 three local government elected officials2 7bb7 three local law enforcement officials2 7cc7 three civil rights advocates2 7dd7 two business representatives2 7ee7 one higher education representative2 7ff7 one representative of a faith community2 7gg7 two representatives of the ,u4,s4 ,border ,patrol2 and 7hh7 two tribal officials4 7ii7 ,chair1 vice chair ,the members of the ,commission shall elect a ,chair and a ,vice ,chair from among its members by a majority vote of at least #af members4 7iii7 ,terms of service ,the ,chair and ,vice ,chair of the ,commission shall serve for terms of four years4 ,members of the ,commission shall serve for terms of four years4 7iv7 ,appointment deadline ,members of the ,commission shall be appointed not later than #ahj days after the date of the enactment of this ,act4 7#c7 ,meetings 7,a7 ,commission ,the ,commission shall meet at least semiannually1 and may convene additional meetings as necessary4 7,b7 ,subcommittees ,the northern border and southern border subcommittees shall meet at least quarterly1 and may convene additional meetings as necessary4 7#d7 ,duties ,the ,commission1 and the northern border and southern border subcommittees1 shall-- 7,a7 develop recommendations for improvements regarding border enforcement policies1 strategies1 and programs that take into consideration their impact on border communities2 7,b7 evaluate policies1 strategies1 and programs of ,federal agencies operating along the northern and southern borders to-- 7i7 protect-- 7,i7 due process2 7,,ii7 the civil and human rights of border residents and visitors2 and 7,,iii7 private property rights of land owners2 7ii7 reduce the number of migrant deaths2 and 7iii7 improve the safety of agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 7,c7 develop recommendations for improvements regarding the safety of agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement when such agents and officers are in the field2 and 7,d7 evaluate training1 including establishing training courses related to management and leadership skills for supervisors in each ,u4,s4 ,border ,patrol sector1 at each port of entry on the northern and southern borders1 and at each ,u4,s4 ,immigration and ,customs ,enforcement field office and the extent to which supervisory and management personnel practices at ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement encourage and facilitate workforce development for agents and officers1 promote agent and officer field safety1 and post-,,fletc training of border enforcement personnel in accordance with section #f4 7#e7 ,additional responsibilities 7,a7 ,in general ,in carrying out the duties specified in paragraph 7#e71 the ,commission shall take into consideration any recommendations and evaluations agreed upon by the northern border and southern border subcommittees4 7,b7 ,subcommittee reports ,the northern border and southern border subcommittees shall annually submit to the ,chair and ,vice ,chair of the ,commission a publicly available report containing the recommendations and evaluations of the subcommittees pursuant to paragraph 7#e74 7#f7 ,prohibition on compensation ,members of the ,commission and the northern border and southern border subcommittees may not receive pay1 allowances1 or benefits from the ,government by reason of their service on the ,commission or the subcommittees4 7b7 ,hearings and evidence ,the ,commission or1 on the authority of the ,commission1 any subcommittee or member thereof1 may1 for the purpose of carrying out this ,act hold such hearings1 and sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths as the ,commission or such designated subcommittee or designated member determines necessary to carry out its duties under subsection 7a77#e74 7c7 ,savings provision ,nothing in this ,act may be construed as affecting in any manner the investigative and disciplinary procedures of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 or the ,department of ,homeland ,security with respect to agents and officers of ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement4 7d7 ,reports 7#a7 ,annual reports ,the ,commission shall annually submit to the ,secretary of ,homeland ,security a publicly available report containing information on the activities1 findings1 and recommendations of the ,commission1 including the northern border and southern border subcommittees1 for the preceding year4 7#b7 ,congressional notification ,the ,secretary of ,homeland ,security shall brief the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate on each report required under paragraph 7#a74 #c4 ,establishment of the ,office of the ,ombudsman for ,border and ,immigration ,related ,concerns 7a7 ,in general ,section #deb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgb7 is amended to read as follows3 #deb4 ,ombudsman for ,border and ,immigration ,related ,concerns 7a7 ,in general ,there shall be within the ,department an ,ombudsman for ,border and ,immigration ,related ,concerns 7in this section referred to as the ,ombudsman74 ,the individual appointed as ,ombudsman shall have a background in immigration or civil liberties law or law enforcement4 ,the ,ombudsman shall report directly to the ,secretary4 7b7 ,organizational independence ,the ,secretary shall take appropriate action to ensure the independence of the ,ombudsman's office from other officers or employees of the ,department engaged in border security or immigration activities4 7c7 ,staffing ,the ,secretary shall take appropriate action to ensure that the ,ombudsman's office is sufficiently staffed and resourced to carry out its duties effectively and efficiently4 7d7 ,functions ,the functions of the ,ombudsman shall be as follows3 7#a7 ,to establish an independent1 neutral1 and appropriately confidential process to receive1 investigate1 resolve1 and provide redress1 including immigration relief1 monetary damages1 or any other action determined appropriate1 for complaints1 grievances1 or requests for assistance from individuals1 associations1 and employers regarding the border security and immigration activities of the ,department4 7#b7 ,to conduct inspections of the facilities1 including privately-owned or operated contract facilities1 of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,united ,states ,citizenship and ,immigration ,services4 7#c7 ,to assist individuals and families who have been victims of crimes committed by aliens unlawfully present in the ,united ,states or of violence near the ,united ,states border1 and individuals and families impacted by situations in which the ,department has exercised force against an individual1 including by use of a firearm1 taser1 explosive device1 chemical agent1 baton1 projectile1 blunt instrument1 body part1 canine1 or vehicle4 7#d7 ,to identify areas in which individuals1 associations1 and employers have identified concerns with respect to interacting with ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 or ,united ,states ,citizenship and ,immigration ,services4 7#e7 ,to propose changes in the administrative practices of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,united ,states ,citizenship and ,immigration ,services to mitigate problems identified under this section4 7#f7 ,to review1 examine1 and make recommendations regarding the border security and immigration and enforcement activities of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,united ,states ,citizenship and ,immigration ,services4 7#g7 ,to establish a uniform and standardized complaint process regarding complaints against any individual employed by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement for violations of standards of professional conduct4 ,such complaint process shall have the following components3 7,a7 ,require that all complaints receive an independent review and investigation completed not later than one year from the date of receipt of each such complaint4 7,b7 ,require that complainants receive written confirmation of receipt of their complaints not later than #fj days from the date of receipt of each such complaint1 and a written summary regarding the outcome of such complaints not later than #cj days after the review and investigation under subparagraph 7,a7 is complete1 including findings of fact1 recommended action1 and available redress4 7,c7 ,feature a centralized multilingual online complaint form that includes street address1 toll-free telephone number1 and electronic mailbox address to permit an individual to file an immigration or border-related complaint and submit supporting evidence through the portal of choice of any such individual4 ,multilingual information relating to such form shall be visible at ports of entry and at ,u4,s4 ,border ,patrol interior checkpoints4 7,d7 ,include procedures for referring complaints to the ,office for ,civil ,rights and ,civil ,liberties1 ,office of the ,inspector ,general1 or other appropriate agency of the ,department4 7,e7 ,establish a publicly accessible national1 standardized database capable of tracking and analyzing complaints and their resolution4 7,f7 ,provide publicly accessible records1 with copies of complaints1 and their resolutions permanently preserved and available for inspection1 while maintaining the confidentiality of complainants' identities4 7#h7 ,to establish an online detainee locator system for individuals held in ,u4,s4 ,customs and ,border ,protection custody4 7e7 ,other responsibilities ,in addition to the functions specified in subsection 7d71 the ,ombudsman shall-- 7#a7 monitor the coverage and geographic allocation of local offices of the ,ombudsman1 including appointing local ombudsmen for border and immigration related concerns2 7#b7 evaluate and take personnel actions 7including dismissal7 with respect to any employee of the ,ombudsman2 7#c7 recommend disciplinary action1 including contract termination1 suspension1 and debarment1 or termination1 suspension1 and sanctions1 to the appropriate departmental entity regarding any contractor proven to have violated departmental policies or procedures while executing any border security or immigration activity2 7#d7 refer to the ,inspector ,general of the ,department any complaints of the violation of departmental policies or procedures by any ,department employee relating to border security or immigration activity2 and 7#e7 provide a complainant with a summary of the outcome of any action taken in response to a complaint1 grievance1 or request for assistance from such complainant1 including any findings of fact1 recommended action1 and available redress4 7f7 ,complainants ,the following shall apply to all complainants3 7#a7 ,any interested party1 including a legal representative1 may file a complaint through the complaint process established pursuant to subsection 7d77#g74 7#b7 ,complainants and other individuals identified in a complaint shall be protected from retaliatory action by law enforcement or by any officer of the ,united ,states based on the content of such complaint1 and no information contained in a complaint that is germane to such complaint may be used as evidence in any removal or criminal proceedings against the complainant or any individual identified in such complaint4 7#c7 ,neither the filing of a complaint nor the contents of a complaint shall in any way confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint4 7#d7 ,no personally identifiable information related to an individual involved in a complaint which would result in identification of such individual may be published4 7#e7 ,complainants shall receive full assistance from the ,department in filing complaints1 including language assistance1 accommodations for disabilities1 and accurate and complete responses to their questions4 7g7 ,request for investigations ,the ,ombudsman is authorized to request the ,inspector ,general of the ,department to conduct inspections1 investigations1 and audits related to subsections 7d71 7e71 and 7f74 7h7 ,coordination with ,department components 7#a7 ,in general ,the ,director of ,united ,states ,citizenship and ,immigration ,services1 the ,assistant ,secretary of ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the ,ombudsman within #fj days of receiving such recommendations4 7#b7 ,access to information ,the ,secretary shall establish procedures to provide the ,ombudsman access to all departmental records necessary to execute the responsibilities of the ,ombudsman under subsection 7d7 or 7e7 not later than #fj days after a request from the ,ombudsman for such information4 7i7 ,public outreach ,the ,secretary shall-- 7#a7 take all appropriate action to advise the public regarding the existence1 duties1 responsibilities1 and grievance processes of the ,ombudsman's office2 and 7#b7 shall promulgate regulations to ensure-- 7,a7 the public's ability to file grievances with the ,ombudsman's office electronically2 and 7,b7 that absent written permission of all affected parties1 all documents submitted to the ,ombudsman's office are used solely by the ,ombudsman's office to advance the purposes described in this section4 7j7 ,annual reporting ,not later than ,june #cj of each year beginning in the year after the date of the enactment of this subsection1 the ,ombudsman shall submit to the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate a report that includes the following3 7#a7 ,the number and type of complaints received under this section1 the demographics of complainants1 the results of investigations1 including violations of standards and any disciplinary actions taken1 and an identification of any complaint patterns that could be prevented or reduced by policy training or practice changes4 7#b7 ,an inventory of complaints referred to in paragraph 7#a7 for which action has been taken and the time between receipt and resolution of each such complaint4 7#c7 ,an inventory of complaints referred to in paragraph 7#a7 for which action has not been taken after one year1 the period during which each complaint has been open1 and the reason for failure to resolve each such complaint4 7#d7 ,recommendations the ,ombudsman has made to improve the services and responsiveness of ,united ,states ,citizenship and ,immigration ,services1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,u4,s4 ,customs and ,border ,protection1 and any responses received from each such component or the ,department regarding such recommendations4 7#e7 ,other information as the ,ombudsman determines advisable4 7k7 ,establishment of ,border ,communities ,liaison ,office 7#a7 ,in general ,the ,ombudsman1 in conjunction with the ,office for ,civil ,rights and ,civil ,liberties of the ,department1 shall establish a ,border ,community ,liaison ,office 7in this subsection referred to as the ,liaison ,office7 in each ,u4,s4 ,border ,patrol sector on the northern and southern borders4 7#b7 ,purposes ,each ,liaison ,office under this subsection shall-- 7,a7 foster cooperation between the ,u4,s4 ,border ,patrol1 the ,office of ,field ,operations of the ,department1 ,u4,s4 ,immigration and ,customs ,enforcement1 and border communities2 7,b7 consult with border communities on the development of policies1 directives1 and programs of the ,u4,s4 ,border ,patrol1 the ,office of ,field ,operations1 and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,c7 receive feedback from border communities on the performance of the ,u4,s4 ,border ,patrol1 the ,office of ,field ,operations1 and ,u4,s4 ,immigration and ,customs ,enforcement4 7#c7 ,membership ,each ,liaison ,office shall be comprised of equal representation from the border community and ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 including at least3 7,a7 ,one member of the community in which each ,u4,s4 ,border ,patrol sector is located who has expertise in migration1 local public safety1 civil and human rights1 the local community1 or community relations4 7,b7 ,one member of an ,indian tribe 7as such term is defined in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e77 or tribal organization4 7,c7 ,one non-uniformed ,border ,patrol agent with significant experience working for the ,u4,s4 ,border ,patrol4 7,d7 ,one non-uniformed ,,cbp officer with significant experience working for ,u4,s4 ,customs and ,border ,protection4 7,e7 ,one ,enforcement and ,removal ,operations 7,,ero7 agent with significant experience working for ,u4,s4 ,immigration and ,customs ,enforcement4 7l7 ,report on the impact of border enforcement technologies and operations on border communities ,not later than #ahj days after the date of the enactment of this subsection1 the ,secretary shall submit to the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate a report that assesses current efforts and technologies used at ,united ,states borders1 and the impact on border communities of such efforts and technologies on civil rights1 private property rights1 privacy rights1 and civil liberties4 7m7 ,,gao report on the extent of ,,cbp activities1 operations1 and claimed authority ,not later than one year after the date of the enactment of this subsection1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate a report that assesses the following issues3 7#a7 ,how far into the ,united ,states interior the current activities1 operations 7including checkpoints71 and claimed authority of ,u4,s4 ,customs and ,border ,protection extend4 7#b7 ,the extent to which the area of activities1 operations1 and claimed authority referred to in paragraph 7#a7 is necessary4 7#c7 ,the effectiveness of ,u4,s4 ,customs and ,border ,protection's interior enforcement and its impact on civil1 constitutional1 and private property rights4 4 7b7 ,clerical amendment ,the table of contents of the ,homeland ,security ,act of #bjjb is amended by amending the item relating to section #deb to read as follows3 ,sec4 #deb4 ,ombudsman for ,border and ,immigration ,related ,concerns4 4 #d4 ,training and continuing education 7a7 ,mandatory training and continuing education ,to promote ,,cbp agent and officer safety and professionalism ,the ,secretary of ,homeland ,security shall establish policies and guidelines to ensure that every agent and officer of ,u4,s4 ,customs and ,border ,protection receives a minimum of #ai weeks of training that are directly related to the mission of the ,u4,s4 ,border ,patrol and the ,office of ,field ,operations of the ,department of ,homeland ,security before the initial assignment of such agents and officers1 and eight hours of training and continuing education annually thereafter4 ,such training and continuing education shall be conducted by attorneys who have experience with the ,fourth ,amendment to the ,constitution1 including appropriate application of the use of force by agents and officers of ,u4,s4 ,customs and ,border ,protection4 ,such attorneys shall be members of the ,department of ,homeland ,security's ,office of ,general ,counsel1 and all instruction provided shall be in alignment with curriculum developed and endorsed by ,,fletc4 7b7 ,,fletc ,the ,secretary of ,homeland ,security shall establish policies and guidelines governing training with ,,fletc and continuing education of agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement regarding border awareness1 accountability1 and oversight4 ,such training with ,,fletc shall include individual courses for each of the following issues3 7#a7 ,community relations1 including the following3 7,a7 ,best practices in community policing4 7,b7 ,policies limiting location of enforcement and cooperation with local law enforcement4 7,c7 ,best practices in responding to grievances and how to refer complaints to the ,ombudsman for ,border and ,immigration ,related ,concerns in accordance with section #deb of the ,homeland ,security ,act of #bjjb1 as amended by section #c of this ,act4 7#b7 ,interdiction1 including the following3 7,a7 ,instruction on formal and proper command language4 7,b7 ,situational awareness of what language is appropriate4 7,c7 ,legal application of use of force policies and guidelines4 7,d7 ,policies and training scenarios necessary to ensure the agent or officer and the community is safe when intervening in situations in urban areas1 including-- 7i7 scenario-based training and guidelines2 and 7ii7 non-lethal force training and certification on at least one non-lethal force instrument1 including tasers4 7,e7 ,policies necessary to ensure the agent or officer and the community is safe when intervening in situations in rural and remote locations4 7#c7 ,vulnerable populations1 including instruction on screening1 identifying1 and responding to vulnerable populations1 such as children1 victims of human trafficking1 and the acutely ill4 7#d7 ,cultural and societal issues1 including the following3 7,a7 ,understanding of the diversity of immigrant communities4 7,b7 ,language and basic cultural awareness of major migrant-sending countries4 7,c7 ,natural resource protection and environmental policies along the border4 7,d7 ,privacy considerations regarding border-related technologies4 7,e7 ,history and ethics of asylum law4 7#e7 ,standards of professional conduct1 including the following3 7,a7 ,lawful use of force4 7,b7 ,complying with chain of command and lawful orders4 7,c7 ,conduct and ethical behavior toward the public in a civil and professional manner4 7,d7 ,respect for civil rights and protection of the well-being of individuals4 7,e7 ,non-racially biased questioning4 7,f7 ,de-escalation tactics and alternatives to use of force4 7c7 ,supervisor training ,in addition to the training and continuing education required under subsections 7a7 and 7b71 the ,secretary of ,homeland ,security shall establish policies and guidelines governing the continuing education of agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement who attain a supervisory or management position4 ,such training and continuing education shall include the following3 7#a7 ,instruction relating to management and leadership best practices4 7#b7 ,refresher instruction or in-service training relating to legal application of use of force policies and guidelines1 intervention1 community relations1 and professional conduct4 7#c7 ,mitigation training to identify1 diagnose1 and address issues within such supervisory and management roles4 7d7 ,review process ,the ,secretary of ,homeland ,security shall establish a review process to ensure that port supervisors and managers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 as the case may be1 are evaluated annually on their actions and standards of conduct1 and on the actions1 situational and educational development1 and standards of conduct of their staffs4 7e7 ,continuing education 7#a7 ,in general ,the ,secretary of ,homeland ,security shall annually require all agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement who are required to undergo training under subsections 7a7 through 7c7 to participate in continuing education to maintain and update understanding of ,federal legal rulings1 court decisions1 and ,department of ,homeland ,security policies1 procedures1 and guidelines related to the subject matters described in such subsections4 7#b7 ,constitutional authority subject matter ,continuing education under this subsection shall include a course on protecting the civil1 constitutional1 human1 and privacy rights of individuals1 with special emphasis on the scope of enforcement authority1 including chain of evidence practices and document seizure1 and use of force policies available to agents and officers4 7#c7 ,additional subject matters ,continuing education under this subsection shall also include a course on the following3 7,a7 ,scope of authority to conduct immigration enforcement activities1 including interviews1 interrogations1 stops1 searches1 arrests1 and detentions1 in addition to identifying and detecting fraudulent documents4 7,b7 ,identifying1 screening1 and responsibility for vulnerable populations1 such as children and victims of trafficking4 7,c7 ,cultural and societal issues1 including understanding of the diversity of immigrant communities1 language and basic cultural awareness of major migrant-sending countries1 and natural resource protection and environmental policies along the border4 7#d7 ,administration ,courses offered as part of continuing education under this subsection shall-- 7,a7 be administered in consultation with ,,fletc by the individual ,u4,s4 ,border ,patrol sectors and the ,office of ,field ,operations of the ,department of ,homeland ,security in order to provide such sectors' field offices with flexibility to design or tailor such courses to the specific needs and conditions of each such sector and field office2 and 7,b7 be approved by the ,secretary of ,homeland ,security before being offered to ensure that such courses satisfy the requirements for training under this section4 7#e7 ,rotation ,courses offered as part of continuing education under this subsection shall include-- 7,a7 a yearly course focusing on the curriculum described in paragraph 7#b72 and 7,b7 an additional course to be rotated on a three-year basis focusing on curriculum described in paragraph 7#c74 7f7 ,assessment ,not later than six years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that assesses the training and education1 including continuing education1 required under this section4 #e4 ,management of ports of entry 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that contains an assessment of the current standards and guidelines for managing ports of entry under the control of the ,department of ,homeland ,security4 ,such assessment shall include information relating to the following3 7#a7 ,staffing levels and the need for additional staffing4 7#b7 ,rules governing the actions of ,office of ,field ,operations agents4 7#c7 ,average delays for transit through air1 land1 and sea ports of entry4 7#d7 ,an assessment of existing efforts and technologies used for border security1 and the effect of the use of such efforts and technologies on facilitating trade at ports of entry and their impact on civil rights1 private property rights1 privacy rights1 and civil liberties4 7#e7 ,the economic impact of the policies and practices of ,,cbp ,agricultural ,specialists and ,office of ,field ,operations work4 7#f7 ,physical infrastructure and technological needs at ports of entry4 7#g7 ,a plan for increasing the number of ,border ,patrol officers certified as ,e,m,ts4 7#h7 ,an assessment for implementing body worn cameras for ,border ,patrol agents1 including relating to storage and public availability of associated data4 7b7 ,updates ,based upon the information and assessment contained in the report required under subsection 7a71 the ,secretary of ,homeland ,security shall establish updated guidelines and standards for managing ports of entry under the control of the ,department of ,homeland ,security to address any identified needs or shortcomings at such ports of entry1 including1 if applicable1 the following3 7#a7 ,increasing levels of staffing of ,,cbp ,agricultural ,specialists at ports of entry at which delays hinder or negatively impact the local or national economies4 7#b7 ,increasing the use of or updating technology at ports of entry at which there are average delays of over two hours based on ,u4,s4 ,customs and ,border ,protection data collected during the previous fiscal year4 7#c7 ,publishing rules on the handling of documents at ports of entry4 7#d7 ,establishing standards of conduct and demeanor when interacting with vulnerable populations1 such as children and victims of human trafficking1 and individuals with border crossing cards4 7#e7 ,establishing training courses relating to management and leadership skills for supervisors and managers at ports of entry4 #f4 ,reporting requirements 7a7 ,annual ,,cbp report on mission and personnel by ,border ,patrol sector ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that includes the following for each ,border ,patrol sector3 7#a7 ,an assessment of the most appropriate1 practical1 and cost effective means of defending the land borders of the ,united ,states against threats to security and illegal transit1 including intelligence capacities1 technology1 equipment1 personnel1 and training needed to address security vulnerabilities4 7#b7 ,an assessment of staffing needs for all border security functions1 including an assessment of efforts to take into account asylum seekers1 trafficking victims1 unaccompanied children1 and other vulnerable populations4 7#c7 ,a description of the border security roles and missions of ,federal1 ,state1 regional1 local1 and ,tribal authorities1 and recommendations regarding actions the ,commissioner can carry out to improve coordination with such authorities to enable border security activities to be carried out in a more efficient and effective manner4 7#d7 ,a description of ways to ensure that the free flow of travel and commerce is not diminished by efforts1 activities1 and programs aimed at securing the land borders of the ,united ,states4 7#e7 ,an impact assessment of the loss of trade and commerce due to inadequate staffing at land ports of entry by ,u4,s4 ,customs and ,border ,protection agents and officers4 7b7 ,report on migrant deaths 7#a7 ,,cbp and ,,ice ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall jointly submit to the ,comptroller ,general of the ,united ,states1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report relating to deaths occurring along the ,united ,states-,mexico border1 including information on the following3 7,a7 ,the number of documented migrant deaths4 7,b7 ,a geographical breakdown of where such migrant deaths occur4 7,c7 ,to the extent possible1 the cause of death for each migrant4 7,d7 ,the extent to which border technology1 physical barriers1 and enforcement programs have contributed to such migrant deaths4 7,e7 ,a detailed description of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement programs or plans to reduce the number of migrant deaths along the border1 including an assessment on the effectiveness of water supply sites and rescue beacons4 7#b7 ,,gao ,not later than #ij days after the submission of the report required under paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall review such report to determine the following3 7,a7 ,the validity of ,u4,s4 ,customs and ,border ,protection's and ,u4,s4 ,immigration and ,customs ,enforcement's statistical analysis of migrant deaths4 7,b7 ,the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have adopted simple and low-cost measures1 such as water supply sites and rescue beacons1 to reduce the frequency of migrants deaths4 7,c7 ,the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement measures the effectiveness of its programs to address the frequency of migrant deaths4 7,d7 ,the extent of data and information sharing and cooperation between ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 local and ,state law enforcement1 foreign diplomatic and consular posts1 and nongovernmental organizations to accurately identify deceased individuals and notify family members and compare information to missing persons registries4 7c7 ,,gao report on use of force 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall examine the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have clarified use of force policies1 including the following 7and any recommendations related to the following73 7,a7 ,the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have implemented new training tactics to improve use of force policies1 including how the use of force policy conforms to ,department of ,homeland ,security and ,federal law enforcement best practices4 7,b7 ,the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have identified additional or alternative weapons and equipment to improve agents' and officers' abilities to de-escalate confrontations1 including protective gear4 7,c7 ,efforts to review and enhance current training and tactics related to use of force1 and to implement reforms to ensure agents and officers are better equipped to assess and respond to threats4 7,d7 ,the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have established a stakeholder engagement framework to better inform and enhance ,u4,s4 ,customs and ,border ,protection's use of force training4 7,e7 ,the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have established metrics to track the effectiveness of use of force training and 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 training1 better supervision1 different tools1 adherence to policy1 or changes in policy4 7,f7 ,how ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement could implement best law enforcement practices to improve policies for transparent communication with family members of individuals injured or killed by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement agent's and officer's use of force1 including updates on any pending investigations1 and policies for timely notification of such injuries and deaths following such uses of force to the ,commissioner of ,u4,s4 ,customs and ,border ,protection or the ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7as the case may be71 the ,joint ,intake ,center of the ,department of ,homeland ,security1 the ,office of ,inspector ,general of the ,department1 the ,office for ,civil ,rights and ,civil ,liberties of the ,department1 the ,offices of ,public ,affairs of the ,department1 ,congress1 and the applicable consulates1 if appropriate4 7,g7 ,how recommendations and requests made by agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have been received1 reviewed1 and if possible implemented into ,u4,s4 ,customs and ,border ,protection and ,department of ,homeland ,security use of force policies and best practices4 7,h7 ,the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement electronically track personal searches and seizures of personal items at the border1 and an assessment of how such information is used to inform ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement policies and procedures4 7#b7 ,implementation of ,,gao findings ,the ,secretary of ,homeland ,security shall direct the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement to implement any recommendations contained in the report required under paragraph 7#a74 ,if the ,secretary does not so implement such recommendations1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a written notification explaining why such recommendations are not being so implemented4 7d7 ,,gao report on body worn cameras ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall assess the potential implementation by ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement of body worn cameras for all agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 including relating to storage and public availability of associated data4 #g4 ,department of ,homeland ,security accountability and transparency 7a7 ,definitions ,in this section3 7#a7 ,border security ,the term border security means the prevention of unlawful entries into the ,united ,states1 including entries by individuals1 instruments of terrorism1 narcotics1 and other contraband4 7#b7 ,checkpoint ,the term checkpoint means a location-- 7,a7 at which vehicles or individuals traveling through the location are stopped by a law enforcement official for the purposes of enforcement of ,united ,states laws and regulations2 and 7,b7 that is not located at a port of entry along an international border of the ,united ,states4 7#c7 ,law enforcement official ,the term law enforcement official means-- 7,a7 an agent or officer of ,u4,s4 ,customs and ,border ,protection2 7,b7 an agent or officer of ,u4,s4 ,immigration and ,customs ,enforcement2 or 7,c7 an officer or employee of a ,state1 or a political subdivision of a ,state1 who is carrying out the functions of an immigration officer pursuant to-- 7i7 an agreement entered into under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g772 7ii7 authorization under title ,,iv of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adja et seq472 or 7iii7 any other agreement with the ,department of ,homeland ,security1 including any ,federal grant program4 7#d7 ,patrol stop ,the term patrol stop means search1 seizure1 or interrogation of a motorist1 passenger1 or pedestrian initiated anywhere except as part of an inspection at a port of entry or a primary inspection at a checkpoint4 7#e7 ,primary inspection ,the term primary inspection means an initial inspection of a vehicle or individual at a checkpoint4 7#f7 ,secondary inspection ,the term secondary inspection means a further inspection of a vehicle or individual that is conducted following a primary inspection4 7b7 ,data collection by law enforcement officials enforcing ,united ,states laws and regulations and making border security stops 7#a7 ,requirement for data collection regarding stops and searches ,a law enforcement official who initiates a patrol stop or who detains any individual beyond a brief and limited inquiry1 such as a primary inspection at a checkpoint1 shall record-- 7,a7 the date1 time1 and location of the contact2 7,b7 the law enforcement official's basis for1 or circumstances surrounding1 the contact1 including if such individual's perceived race or ethnicity contributed to the basis for1 and circumstances surrounding1 the contact2 7,c7 the identifying characteristics of such individual1 including the individual's perceived race1 gender1 ethnicity1 and approximate age2 7,d7 the duration of the stop1 detention1 or search1 whether consent was requested and obtained for the contact1 including any search2 7,e7 a description of any articulable facts and behavior by the individual that justify initiating the contact or probable cause to justify any search pursuant to such contact2 7,f7 a description of any items seized during such search1 including contraband or money1 and a specification of the type of search conducted2 7,g7 whether any arrest1 detention1 warning1 or citation resulted from such contact and the basis for such action2 7,h7 the immigration status of the individual1 if obtained during the ordinary course of the contact without additional questioning in accordance with this section1 and whether removal proceedings were subsequently initiated against the individual2 7,i7 whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention2 7,j7 whether force was used by the law enforcement official and1 if so1 the type of force1 justification for using force1 and whether the use of force resulted in injury or death2 7,k7 whether any complaint was made by the individual subject to the contact1 and if so-- 7i7 which oversight components within or outside of the ,department of ,homeland ,security investigated the complaint2 7ii7 how long the investigation lasted2 7iii7 a description of the methods of investigation used2 and 7iv7 the badge number of the law enforcement official involved in the complaint2 7,l7 if the contact was initiated by a ,state or local law enforcement agency-- 7i7 the reason for involvement of a ,federal law enforcement official2 7ii7 the duration of the contact prior to contact with any ,federal law enforcement official2 7iii7 the method by which a ,federal law enforcement official was informed of the stop2 and 7iv7 whether the individual was being held by ,state or local officials on ,state criminal charges at the time of such contact2 7,m7 if the contact was initiated by a ,state or local law enforcement agency of a ,state1 whether such agency was acting pursuant to-- 7i7 an agreement entered into under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g772 7ii7 authorization under title ,,iv of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adja et seq472 or 7iii7 pursuant to any other agreement with the ,department of ,homeland ,security1 including any ,federal grant program2 7,n7 if the contact involved an individual whose primary language of communication is not ,english1 the means of communication used2 7,o7 if the contact occurred at a location proximate to a place of worship or religious ceremony1 school or education-related place or event1 courthouse or other civic building providing services accessible to the public1 hospital1 medical treatment1 or health care facility1 at a public demonstration1 or an attorney's office1 including a public defender or legal aid office2 and 7,p7 if the contact occurred at a location described in subparagraph 7,o71 why that location was chosen and any supervisory approval that was sought to carry out the contact at the location4 7#b7 ,requirement for ,u4,s4 ,customs and ,border ,protection data collection regarding checkpoints ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall collect data on-- 7,a7 the number of permanent and temporary checkpoints utilized by agents and officers of ,u4,s4 ,customs and ,border ,protection2 7,b7 the location of each such checkpoint2 7,c7 the dates on which a temporary checkpoint was used2 and 7,d7 a description of each such checkpoint1 including the presence of any other law enforcement agencies and the use of law enforcement resources1 such as canines and surveillance technologies1 including license plate readers4 7#c7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with stakeholders1 including research1 civil1 and human rights organizations1 shall promulgate regulations relating to the collection and reporting of data required under paragraphs 7#a7 and 7#b71 which shall-- 7,a7 specify all data to be reported2 and 7,b7 provide standards1 definitions1 and technical specifications to ensure uniform reporting4 7#d7 ,compilation of data 7,a7 ,department of ,homeland ,security law enforcement officials ,the ,secretary of ,homeland ,security shall compile-- 7i7 the data collected under paragraph 7#a7 by agents and officers of ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection2 7ii7 the data collected under paragraph 7#b7 by the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 and 7iii7 an analysis for all incidents investigated by the ,department of ,homeland ,security's ,office of ,inspector ,general1 ,u4,s4 ,customs and ,border ,protection's ,office of ,professional ,responsibility1 or ,u4,s4 ,immigration and ,customs ,enforcement's ,office of ,professional ,responsibility to determine whether the data required to be collected under this ,act were properly recorded and1 if not1 the corrective measures that were or will be taken4 7,b7 ,other law enforcement officials ,the head of each agency1 department1 or other entity that employs law enforcement officials other than agents and officers referred to in subparagraph 7,a7 shall-- 7i7 compile the data collected by such law enforcement officials pursuant to paragraph 7#a72 and 7ii7 submit the compiled data to the ,secretary of ,homeland ,security4 7#e7 ,use of data ,the ,secretary of ,homeland ,security shall consider the data compiled under paragraph 7#d7 in making policy and program decisions4 7#f7 ,audit and report ,not later than one year after the effective date of the regulations promulgated under paragraph 7#c71 the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct an audit of the data compiled under paragraph 7#d7 to determine whether law enforcement officials are complying with the data collection requirements under paragraph 7#a72 and 7,b7 submit to ,congress a report that contains a summary of the findings of such audit4 7c7 ,annual report 7#a7 ,requirement ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit to ,congress a report on the data compiled under subsection 7b77#d71 including all such data for the previous year4 7#b7 ,availability ,each report submitted under paragraph 7#a7 shall be made available to the public1 except for particular data if the ,secretary of ,homeland ,security-- 7,a7 explicitly invokes an exemption contained in paragraphs 7#a7 through 7#i7 of section #eeb7;b7 of title #e1 ,united ,states ,code2 and 7,b7 provides a written explanation for the exemption's applicability4 7#c7 ,privacy ,the ,secretary may not report unique personal identifying information of persons stopped1 searched1 or subjected to a property seizure1 for purposes of this section4 7#d7 ,publication ,the data compiled under subsection 7b77#d7 shall be made available to the public to the extent the release of such data is permissible under ,federal law4 #h4 ,limitation on the separation of families 7a7 ,in general ,an agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian1 at or near the port of entry or within #ajj miles of a border of the ,united ,states1 unless one of the following has occurred3 7#a7 ,a ,state court1 authorized under ,state law1 terminates the rights of the parent or legal guardian1 determines that it is in the best interests of the child to be removed from the parent or legal guardian1 in accordance with the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi71 or makes any similar determination that is legally authorized under ,state law4 7#b7 ,an official from the ,state or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from the parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian1 or is a danger to herself or others4 7#c7 ,the ,chief ,patrol ,agent or the ,area ,port ,director in their official and undelegated capacity1 authorizes separation upon the recommendation by an agent or officer1 based on a finding that-- 7,a7 the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking2 7,b7 there is a strong likelihood that the adult is not the parent or legal guardian of the child2 or 7,c7 the child is in danger of abuse or neglect at the hands of the parent or legal guardian1 or is a danger to themselves or others1 except that1 in the case that a child is removed from his or her parent or legal guardian under this section1 an independent child welfare expert licensed by the ,state or county in which the child was so removed1 authorizes the separation not later than #dh hours after such removal1 and if such expert does not authorize such separation1 the child shall be reunited with his or her parent or legal guardian not later than #dh hours after such determination4 7b7 ,prohibition on separation 7#a7 ,in general ,a designated agency may not remove a child from a parent or legal guardian solely for the policy goal of deterring individuals from migrating to the ,united ,states or for the policy goal of promoting compliance with civil immigration laws4 7#b7 ,penalty for family separation ,any person who knowingly separates a child from his or her parent or legal guardian in violation of this section1 shall be fined not more than #aj1jjj4 7c7 ,documentation required ,the ,secretary shall ensure that a separation under subsection 7a77#c7 is documented in writing and includes1 at a minimum1 the reason for such separation1 together with the stated evidence for such separation4 #i4 ,electronic tracking 7a7 ,establishment ,the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services shall establish an electronic tracking system on a single interface1 which-- 7#a7 shall be accessible to agents and officials of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,office of ,refugee ,resettlement2 and 7#b7 shall be used to track the location of a child who has been removed pursuant to section #h and the parent or legal guardian of the child4 7b7 ,tracking number ,the ,secretary of ,homeland ,security shall assign to a child who has been removed pursuant to section #h and the parent or legal guardian of the child a tracking number that-- 7#a7 is transferrable2 7#b7 may be shared easily on the electronic tracking system described in subsection 7a7 by agents and officials of-- 7,a7 ,u4,s4 ,customs and ,border ,protection2 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,c7 the ,office of ,refugee ,resettlement2 and 7#c7 is included on the paperwork of the child and the parent or legal guardian of the child4 7c7 ,contact information ,the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services shall advise a child who has been removed pursuant to section #h and the parent or legal guardian of the child on the manner in which the child and the parent or legal guardian may be contacted during the term of the removal4 #aj4 ,independence of immigration judges ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report1 which shall be published and made available to the public1 on the feasibility of establishing an immigration court outside the executive branch composed of judges appointed for a fixed term with jurisdiction over cases arising out of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 or any other immigration law of the ,united ,states and the appeal of such cases1 the impact that such an immigration court will have on the case backlog of immigration judges1 barriers to the creation of such an immigration court1 and recommendations for ,congress4