,,ib ,union ,calendar ,no4 #abb #aafth ,,congress #ast ,session ,h4 ,r4 #bbjc ,report ,no4 #aaf-afc1 ,part ,i ,,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 ,july #ai1 #bjai ,additional sponsors3 ,ms4 ,barragn1 ,mr4 ,vela1 ,mr4 ,stanton1 ,mr4 ,khanna1 ,ms4 ,kuster of ,new ,hampshire1 ,ms4 ,mc,collum1 ,mr4 ,mc,govern1 ,mr4 ,suozzi1 ,ms4 ,matsui1 ,mr4 ,kilmer1 ,mr4 ,veasey1 ,mrs4 ,watson ,coleman1 ,mr4 ,trone1 ,mr4 ,cisneros1 ,ms4 ,norton1 ,mr4 ,pappas1 ,mr4 ,himes1 ,mr4 ,correa1 ,ms4 ,underwood1 ,mr4 ,vargas1 ,ms4 ,eshoo1 ,mr4 ,lujn1 ,mr4 ,carbajal1 ,ms4 ,jackson ,lee1 and ,mr4 ,levin of ,california ,july #ai1 #bjai ,reported from the ,committee on ,homeland ,security with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,july #ai1 #bjai,the ,committees on the ,judiciary and ,ways and ,means discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,april #aj1 #bjai ,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 title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,homeland ,security ,improvement ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,national ,commission to ,investigate the ,treatment of the ,migrant ,families and ,children by the ,trump ,administration ,sec4 #aja4 ,establishment of commission4 ,sec4 #ajb4 ,purposes4 ,sec4 #ajc4 ,composition of the ,commission2 qualifications4 ,sec4 #ajd4 ,functions of commission4 ,sec4 #aje4 ,powers of commission4 ,sec4 #ajf4 ,public meetings and release of public version of reports4 ,sec4 #ajg4 ,staff of commission4 ,sec4 #ajh4 ,compensation and travel expenses4 ,sec4 #aji4 ,security clearances for commission members and staff4 ,sec4 #aaj4 ,reports of commission2 termination4 ,sec4 #aaa4 ,funding4 ,title ,,ii--,ombudsman1 ,border ,community ,liaisons1 ,training and ,management ,sec4 #bja4 ,establishment of the ,office of the ,ombudsman for ,border and ,immigration ,related ,concerns4 ,sec4 #bjb4 ,establishment of border community stakeholder advisory committee4 ,sec4 #bjc4 ,training and continuing education4 ,sec4 #bjd4 ,body-worn cameras4 ,sec4 #bje4 ,limitation on the separation of families4 ,sec4 #bjf4 ,prohibition on exceeding #gb hours in short-term detention4 ,sec4 #bjg4 ,electronic tracking4 ,sec4 #bjh4 ,preventing implementation of anti-asylum access interim final rule2 ,termination of remain in ,mexico protocol and metering policy4 ,sec4 #bji4 ,surge support for care of families and unaccompanied children4 ,sec4 #baj4 ,port of entry temporary duty assignments4 ,sec4 #baa4 ,prohibition on physical restraints for women who are pregnant or post-delivery4 ,title ,,iii--,oversight ,sec4 #cja4 ,,gao report on the extent of ,,cbp activities1 operations1 and claimed authority4 ,sec4 #cjb4 ,migrant deaths reporting4 ,sec4 #cjc4 ,review of the use of force4 ,sec4 #cjd4 ,accountability and transparency within the border zone4 ,sec4 #cje4 ,audit and inspections of detention facilities4 ,i ,national ,commission to ,investigate the ,treatment of the ,migrant ,families and ,children by the ,trump ,administration #aja4 ,establishment of commission ,there is established in the legislative branch the ,national ,commission to ,investigate the ,treatment of ,migrant ,families and ,children ,by the ,trump ,administration 7in this ,act referred to as the ,commission74 #ajb4 ,purposes ,the purposes of the ,commission are to-- 7#a7 examine the handling of migrant families and children apprehended along the ,united ,states-,mexico border by ,u4,s4 ,customs and ,border ,protection since ,january #bjag2 7#b7 ascertain1 evaluate1 and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the handling by the ,departments of ,homeland ,security and ,health and ,human ,services of migrant families and children who were apprehended at the southern border since ,january #bjag2 7#c7 build upon the investigations of other entities1 and avoid unnecessary duplication1 by reviewing the findings1 conclusions1 and recommendations of-- 7,a7 ,department of ,homeland ,security ,office of ,inspector ,general2 7,b7 ,department of ,health and ,human ,services ,office of ,inspector ,general2 and 7,c7 other executive branch1 congressional1 or independent investigations into the treatment of and detention conditions for migrant families and children apprehended at the southern border by the ,department of ,homeland ,security since ,january #bjag2 7#d7 make a full and complete accounting of the handling of the migrant families and children apprehended at the southern border since ,january #bjag2 and 7#e7 investigate and report to the ,president and ,congress on its findings1 conclusions1 and recommendations for corrective measures4 #ajc4 ,composition of the ,commission2 qualifications 7a7 ,members ,the ,commission shall be composed of #aj members1 of whom-- 7#a7 one member shall be appointed by the leader of the ,democratic ,party 7majority or minority leader1 as the case may be7 in the ,house of ,representatives1 with the concurrence of the leader of the ,democratic party 7majority or minority leader as the case may be7 in the ,senate1 who shall serve as chairman of the ,commission2 7#b7 two members shall be appointed by the senior member of the leadership of the ,democratic party in ,senate2 7#c7 three members shall be appointed by the senior member of the leadership of the ,republican party in the ,senate2 7#d7 three members shall be appointed by the senior member of the leadership of the ,democratic party in the ,house of ,representatives2 and 7#e7 one member shall be appointed by the senior member of the leadership of the ,republican party in of the ,house of ,representatives4 7b7 ,qualifications ,each individual appointed to the ,commission shall have expertise and experience in at least one of the following areas3 7#a7 ,immigration law1 particularly experience representing asylees4 7#b7 ,public health4 7#c7 ,child welfare4 7#d7 ,civil rights4 7#e7 ,as a representative of a humanitarian organization that gives assistance to individuals crossing the southern border4 7#f7 ,as a local official from a border community on the southern border of the ,united ,states4 #ajd4 ,functions of commission ,the functions of the ,commission are to-- 7#a7 investigate the relevant facts and circumstances related to the handling by the ,departments of ,homeland ,security and ,health and ,human ,services of the migrant families and children apprehended at the southern border since ,january #bjag1 including any relevant legislation1 ,executive order1 regulation1 plan1 policy1 practice1 or procedure2 7#b7 identify1 review1 and evaluate the lessons learned from the handling by the ,departments of ,homeland ,security and ,health and ,human ,services of the migrant families and children apprehended at the southern border since ,january #bjag1 regarding the structure1 coordination1 management policies1 and procedures of the ,federal ,government1 and1 if appropriate1 ,state and local governments and nongovernmental entities1 relative to providing timely1 effective and humane treatment of migrant families and unaccompanied alien children seeking asylum in the ,united ,states2 and 7#c7 submit to the ,president and ,congress such reports as are required by this title containing such findings1 conclusions1 and recommendations as the ,commission shall determine1 including proposing organization1 coordination1 planning1 management arrangements1 procedures1 rules1 and regulations4 #aje4 ,powers of commission 7a7 ,in general 7#a7 ,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 title-- 7,a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths2 and 7,b7 subject to paragraph 7#b77;,a71 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission or such designated subcommittee or designated member may determine advisable4 7#b7 ,subpoenas 7,a7 ,issuance 7i7 ,in general ,a subpoena may be issued under this subsection only-- 7,i7 by the agreement of the chairman and the vice chairman2 or 7,,ii7 by the affirmative vote of #f members of the ,commission4 7ii7 ,signature ,subject to clause 7i71 subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the ,commission1 and may be served by any person designated by the chairman or by a member designated by a majority of the ,commission4 7,b7 ,enforcement 7i7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under subsection 7a71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7ii7 ,additional enforcement ,in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section1 the ,commission may1 by majority vote1 certify a statement of fact constituting such failure to the appropriate ,united ,states attorney1 who may bring the matter before the grand jury for its action1 under the same statutory authority and procedures as if the ,united ,states attorney had received a certification under sections #ajb through #ajd of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aib through #aid74 7b7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this title4 7c7 ,information from federal agencies 7#a7 ,in general ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purposes of this title4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairman1 the chairman of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7#b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,commission and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7d7 ,assistance from federal agencies 7#a7 ,general services administration ,the ,administrator of ,general ,services shall provide to the ,commission on a reimbursable basis administrative support and other services for the performance of the ,commission's functions4 7#b7 ,other departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 departments and agencies of the ,united ,states may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 #ajf4 ,public meetings and release of public version of reports 7a7 ,public meetings and release of public versions of reports ,the ,commission shall-- 7#a7 hold public hearings and meetings to the extent appropriate2 and 7#b7 release public versions of the reports required under section #aaj7;a7 and 7b74 7b7 ,public hearings ,any public hearings of the ,commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the ,commission as required by any applicable statute1 regulation1 or ,executive order4 #ajg4 ,staff of commission 7a7 ,in general 7#a7 ,appointment and compensation ,the chairman1 in consultation with vice chairman1 in accordance with rules agreed upon by the ,commission1 may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the ,commission to carry out its functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7#b7 ,personnel as federal employees 7,a7 ,in general ,the executive director and any personnel of the ,commission who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of that title4 7,b7 ,members of commission ,subparagraph 7,a7 shall not be construed to apply to members of the ,commission4 7b7 ,detailees ,any ,federal ,government employee may be detailed to the ,commission without reimbursement from the ,commission1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7c7 ,consultant services ,the ,commission is authorized to procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 but at rates not to exceed the daily rate paid a person occupying a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 #ajh4 ,compensation and travel expenses ,each member of the ,commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day during which that member is engaged in the actual performance of the duties of the ,commission4 #aji4 ,security clearances for commission members and staff ,the appropriate ,federal agencies or departments shall cooperate with the ,commission in expeditiously providing to the ,commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements1 except that no person shall be provided with access to classified information under this title without the appropriate security clearances4 #aaj4 ,reports of commission2 termination 7a7 ,interim reports ,the ,commission may submit to the ,president and ,congress interim reports containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7b7 ,report ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall submit to the ,president and ,congress a final report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7c7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this title1 shall terminate #fj days after the date on which the final report is submitted under subsection 7b74 7#b7 ,administrative activities before termination ,the ,commission may use the #fj-;day period referred to in paragraph 7#a7 for the purpose of concluding its activities1 including providing testimony to committees of ,congress concerning its reports and disseminating the final report4 #aaa4 ,funding 7a7 ,in general ,there is authorized #c1jjj1jjj for purposes of carrying out the activities of the ,commission under this title4 7b7 ,duration of availability ,amounts made available to the ,commission under subsection 7a7 shall remain available until the termination of the ,commission4 ,,ii ,ombudsman1 ,border ,community ,liaisons1 ,training and ,management #bja4 ,establishment of the ,office of the ,ombudsman for ,border and ,immigration ,related ,concerns 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq47 is amended by adding at the end the following new section3 #dcg4 ,establishment of the ,office of ,ombudsman for ,border and ,immigration ,related ,concerns 7a7 ,in general ,the ,secretary shall appoint an ,ombudsman for ,border and ,immigration ,related ,concerns 7hereinafter referred to as the ,ombudsman71 who shall-- 7#a7 be independent of ,department agencies and officers2 7#b7 report directly to the ,secretary2 and 7#c7 have a background in immigration1 civil rights1 and law enforcement4 7b7 ,functions ,the functions of the ,ombudsman shall be to-- 7#a7 establish an independent1 neutral1 and confidential process to receive1 investigate1 resolve1 and provide redress1 including referral for investigation to the ,office of the ,inspector ,general1 referral to the ,office of ,civil ,rights and ,civil ,liberties to investigate complaints and information indicating possible abuses of civil rights or civil liberties1 referral to ,u4,s4 ,citizenship and ,immigration ,services for immigration relief1 or any other action determined appropriate1 in cases in which ,department employees1 or subcontracted or cooperating entity personnel1 are alleged to have engaged in misconduct or violated the rights of individuals1 associations1 or employers2 7#b7 establish an accessible and standardized complaint process regarding complaints against any employee of ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 or any subcontracted or cooperating entity personnel1 for violations of law or violations of standards of professional conduct pertaining to interaction with a ,united ,states citizen or non-,united ,states citizen in the course of carrying out any duty under law2 and 7#c7 identify and thereafter review1 examine1 and make recommendations to the ,secretary or designee to address chronic concerns in border security and enforcement activities of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement4 7c7 ,annual report ,on an annual basis1 starting one year after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate a report prepared by the ,ombudsman that provides information regarding the ,office of the ,ombudsman's activities for the prior year1 including information relating to the following3 7#a7 ,the number of complaints received in the period1 with information on each complaint including whether it is against any employee of ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 or any subcontracted or cooperating entity personnel1 for violations of law or violations of standards of professional conduct pertaining to interaction with a ,united ,states citizen or non-,united ,states citizen in the course of carrying out any duty under law1 when and where the incident that gave rise to the complaint occurred1 including1 where possible1 identification of the port of entry1 ,u4,s4 ,border ,patrol station1 or detention facility where the alleged incident occurred4 7#b7 ,the number of investigations commenced or carried out in the period1 with information on each investigation including whether it involves any employee of ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 or any subcontracted or cooperating entity personnel1 for violations of law or violations of standards of professional conduct pertaining to interaction with a ,united ,states citizen or non-,united ,states citizen in the course of carrying out any duty under law4 7#c7 ,the number of complaints resolved in the period1 with information on how each complaint was resolved1 including for those complaints that were-- 7,a7 referred for investigation to the ,office of the ,inspector ,general2 7,b7 referred to the ,office of ,civil ,rights and ,civil ,liberties2 7,c7 referred to ,u4,s4 ,citizenship and ,immigration ,services for immigration relief2 and 7,d7 resolved in some other manner4 7#d7 ,findings and recommendations for the period that address chronic concerns in border security and enforcement activities of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 including the impact of such activities on border communities and the civil rights1 property rights1 privacy rights1 and civil liberties of residents of such communities4 7#e7 ,any actions taken by the ,department to implement recommendations that address chronic concerns in border security and enforcement activities4 7d7 ,publication ,not later than #cj days after receiving the annual report required pursuant to subsection 7c71 the ,secretary shall publish the annual report on the website of the ,department and in the ,federal ,register1 together with any feedback from the ,secretary regarding the report4 7e7 ,confidentiality ,in the absence of the written consent of an individual who submits a complaint1 the ,ombudsman shall keep confidential the identity of and any identifying information relating to that individual4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by striking the items relating to sections #dce and #dcf and inserting the following new items3 ,sec4 #dce4 ,maritime operations coordination plan4 ,sec4 #dcf4 ,maritime security capabilities assessments4 ,sec4 #dcg4;,establishment of the ,office of ,ombudsman for ,border and ,immigration ,related ,concerns4 4 #bjb4 ,establishment of border community stakeholder advisory committee 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb1 as amended by section #bja of this ,act1 is further amended by adding at the end the following new section3 #dch4 ,establishment of border community stakeholder advisory committee 7a7 ,establishment ,the ,secretary shall establish within the ,department a border community stakeholders advisory committee pursuant to section #hga of this ,act4 7b7 ,duties 7#a7 ,in general ,the ,secretary shall consult with the ,advisory ,committee1 as appropriate1 on border security and immigration enforcement matters1 including on the development1 refinement1 and implementation of policies1 protocols1 programs1 and rulemaking pertaining to border security and immigration enforcement that may impact border communities4 7#b7 ,recommendations ,the ,advisory ,committee shall develop1 at the request of the ,secretary1 recommendations regarding policies1 protocols1 programs and rulemaking pertaining to border security and immigration enforcement that may impact border communities4 7#c7 ,periodic reports ,the ,advisory ,committee shall periodically submit to the ,secretary-- 7,a7 reports on matters identified by the ,secretary2 and 7,b7 reports on other matters identified by a majority of the members of the ,advisory ,committee4 7#d7 ,annual report ,the ,advisory ,committee shall submit to the ,secretary an annual report providing information on the activities1 findings1 and recommendations of the ,advisory ,committee1 including its subcommittees1 for the preceding year4 ,not later than six months after the date on which the ,secretary receives the annual report1 the ,secretary shall publish a public version describing the ,advisory ,committee's activities and such related matters as would be informative to the public1 consistent with section #eeb7;b7 of title #e1 ,united ,states ,code4 7#e7 ,feedback ,not later than #ij days after receiving recommendations transmitted by the ,advisory ,committee under paragraph 7#d71 the ,secretary shall respond in writing to the ,advisory ,committee with feedback on each of the recommendations1 an action plan to implement any of the recommendations with which the ,secretary concurs1 and a justification for why any of the recommendations have been rejected4 7#f7 ,congressional notification ,not later than #cj days after providing written feedback to the ,advisory ,committee under paragraph 7#e71 the ,secretary shall notify the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate on such feedback1 and provide a briefing upon request4 7#g7 ,report to ,congress ,prior to briefing the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate under paragraph 7#f71 the ,secretary shall submit to such committees a report containing information relating to the recommendations transmitted by the ,advisory ,committee in accordance with paragraph 7#d74 7c7 ,membership 7#a7 ,appointment 7,a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary shall appoint the members of the ,advisory ,committee4 7,b7 ,composition ,the membership of the ,advisory ,committee shall consist of a border community stakeholder from each of the nine ,u4,s4 ,border ,patrol sectors and three individuals with significant expertise and experience in immigration law1 civil rights1 and civil liberties1 particularly as relates to interests of residents of border communities4 7#b7 ,term of office 7,a7 ,terms ,the term of each member of the ,advisory ,committee shall be two years4 ,a member of the ,advisory ,committee may be reappointed4 7,b7 ,removal ,the ,secretary may review the participation of a member of the ,advisory ,committee and remove such member for cause at any time4 7#c7 ,prohibition on compensation ,the members of the ,advisory ,committee shall not receive pay1 allowances1 or benefits from the ,government by reason of their service on the ,advisory ,committee4 7#d7 ,meetings 7,a7 ,in general ,the ,secretary shall require the ,advisory ,committee to meet at least semiannually and may convene additional meetings as necessary4 7,b7 ,public meetings ,at least one of the meetings described in subparagraph 7,a7 shall be within a ,border ,patrol sector and open to the public4 7,c7 ,attendance ,the ,advisory ,committee shall maintain a record of the persons present at each meeting4 7#e7 ,member access to sensitive security information ,not later than #fj days after the date of a member's appointment1 the ,secretary shall determine if there is cause for the member to be restricted from possessing sensitive security information4 ,without such cause1 and upon the member voluntarily signing a non-disclosure agreement1 the member may be granted access to sensitive security information that is relevant to the member's advisory duties4 ,the member shall protect the sensitive security information in accordance with part #aebj of title #di1 ,code of ,federal ,regulations4 7#f7 ,chairperson ,a stakeholder representative on the ,advisory ,committee who is elected by the appointed membership of the ,advisory ,committee shall chair the ,advisory ,committee4 7d7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,committee and its subcommittees4 7e7 ,definitions ,in this section3 7#a7 ,advisory committee ,the term ,advisory ,committee means the border community stakeholder advisory committee established under subsection 7a74 7#b7 ,border community stakeholder ,the term border community stakeholder means individuals who have ownership interests or reside in the land borders of the ,united ,states and who have not publicly taken positions on the ,trump ,administration's border security and immigration enforcement actions1 including-- 7,a7 a landowner within #aj miles of a land border of the ,united ,states2 7,b7 a business leader in a company operating within #aj miles of a land border of the ,united ,states2 7,c7 a local official from a community on a land border of the ,united ,states2 and 7,d7 a representative of ,indian tribes on a land border of the ,united ,states4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb1 as amended by section #bja of this ,act1 is further amended by inserting after the item relating to section #dcg the following new item3 ,sec4 #dch4 ,establishment of ,border ,community ,stakeholder ,advisory ,committee4 4 #bjc4 ,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 and ,u4,s4 ,immigration and ,customs ,enforcement receives a minimum of #bj weeks of training upon onboarding that is directly related to the mission and #dj hours of training and continuing education annually thereafter1 to include personnel in a supervisory or management position4 ,such training shall include training provided by attorneys outside of the ,department of ,homeland ,security4 7b7 ,curriculum ,the ,secretary of ,homeland ,security shall establish policies and guidelines governing training and continuing education of agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement regarding accountability1 standards for professional and ethical conduct1 and oversight4 ,such training shall address the following3 7#a7 ,community relations1 including the following3 7,a7 ,best practices in community policing1 cultural awareness1 and carrying out enforcement actions near sensitive locations such as places 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 a public demonstration1 or an attorney's office1 including a public defender or legal aid office4 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 #dcg of the ,homeland ,security ,act of #bjjb1 as added by section #bja of this ,act4 7#b7 ,interaction with vulnerable populations1 including instruction on screening1 identifying1 and responding to vulnerable populations1 such as children1 victims of human trafficking1 and the acutely ill4 7#c7 ,standards of professional and ethical conduct1 including the following3 7,a7 ,lawful use of force1 de-escalation tactics1 and alternatives to the 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 ,civil rights and legal protections4 7,e7 ,non-racially biased questioning4 7,f7 ,de-escalation tactics and alternatives to use of force4 7,g7 ,permissible and impermissible social media activity4 7c7 ,performance 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 7d7 ,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 ,permissible and impermissible social media activity4 7#d7 ,administration ,courses offered as part of continuing education under this subsection shall be administered by the ,federal ,law ,enforcement ,training ,centers4 7e7 ,training assessment ,not later than three 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 section as well as its implementation4 #bjd4 ,body-worn cameras 7a7 ,requirement ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 shall submit to the ,committees on ,homeland ,security and ,judiciary of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs and ,judiciary of the ,senate a plan for requiring not later than one year after such date of enactment the use of body-worn cameras by ,u4,s4 ,border ,patrol agents and ,u4,s4 ,immigration and ,customs ,enforcement officers whenever engaged in border security or immigration enforcement activities4 7b7 ,elements ,the plan shall include the following3 7#a7 ,benchmarks for implementation within ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,policies1 procedures1 and training modules for the use of body-worn cameras by agents and officers1 including training modules relating to the appropriate use of such cameras and adverse action for non-compliance4 7#c7 ,mechanisms for enforcement of body-worn camera policies and procedures by agents and officers within ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement4 #bje4 ,limitation on the separation of families 7a7 ,in general ,notwithstanding any other provision of law1 a child may not be removed from a parent1 legal guardian1 or family member of such child1 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 parent1 legal guardian1 or family member because the child is in danger of abuse or neglect at the hands of the parent1 legal guardian1 or family member or is a danger to herself or others4 7b7 ,prohibition on separation 7#a7 ,in general ,a designated agency may not remove a child from a parent1 legal guardian1 or family member solely for the policy goal of deterring individuals from migrating to the ,united ,states or for the policy goal of promoting compliance with civil immigration laws4 7#b7 ,penalty for family separation ,any person who knowingly separates a child from his or her parent1 legal guardian1 or family member in violation of this section1 shall be fined not more than #aj1jjj4 7c7 ,family member defined ,for purposes of this section1 the term family member means an individual who is any of the following3 7#a7 ,a parent or legal guardian4 7#b7 ,a spouse4 7#c7 ,a child4 7#d7 ,a step-family member4 7#e7 ,an immediate family member1 to include adult siblings4 7#f7 ,an extended family member1 to include aunts1 uncles1 adult cousins1 and grandparents4 #bjf4 ,prohibition on exceeding #gb hours in short-term detention ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall ensure that each individual apprehended by ,u4,s4 ,customs and ,border ,protection is released1 paroled1 or transferred to an appropriate long-term facility operated by a non-profit organization1 ,u4,s4 ,immigration and ,customs ,enforcement1 or the ,department of ,health and ,human ,services not later than #gb hours after such apprehension absent an exigent circumstance that is beyond the ,secretary's control1 such as a natural disaster4 ,the ,secretary shall inform the ,committees on ,homeland ,security and the ,judiciary of the ,house of ,representatives and ,committees on ,homeland ,security and ,governmental ,affairs and the ,judiciary of the ,senate within three days of the ,secretary determining such an exigent circumstance exists1 and provide information on when the impacted individuals will be so released1 paroled1 or transferred4 #bjg4 ,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 shall be-- 7#a7 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 used to track the location of a child who has been separated under section #bje 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 separated under section #bje 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 separated under section #bje and the parent or legal guardian of the child on the manner in which the child and the parent or legal guardian may be contacted during the term of the separation 4 #bjh4 ,preventing implementation of anti-asylum access interim final rule2 ,termination of remain in ,mexico protocol and metering policy 7a7 ,prevention of implementation of anti-asylum access rule ,notwithstanding any other provision of law1 the joint interim final rule published in the ,federal ,register on ,july #af1 #bjai1 by the ,secretary of ,homeland ,security and ,attorney ,general that would restrict eligibility for aliens seeking asylum in the ,united ,states may not be implemented1 enforced1 or otherwise carried out by the ,secretary or the ,attorney ,general4 7b7 ,,mpp and metering termination ,not later than #cj days after enactment of this ,act1 the following shall terminate3 7#a7 ,the ,migrant ,protection ,protocols that were announced by the ,secretary of ,homeland ,security on ,december #bj1 #bjah1 any subsequent revisions to such protocols1 or any successor protocols in which certain individuals seeking asylum in the ,united ,states are required to wait outside of the ,united ,states for the duration of their immigration proceedings4 7#b7 ,the ,u4,s4 ,customs and ,border ,protection metering policy to regulate the flow of asylum seekers at ports of entry by denying asylum seekers access to ports of entry or any successor policy that impedes access to ports of entry4 7c7 ,additional capacity at ports of entry ,for the purposes of increasing processing capacity at ports of entry1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall every fiscal year hire1 train1 and assign not fewer than #fjj new officers above the level as of ,september #cj of the immediately preceding fiscal year until the total number of such officers equals the requirements identified each year in the ,workload ,staffing ,model developed by the ,commissioner4 7d7 ,prohibition on certain interviews ,no personnel employed by ,u4,s4 ,customs and ,border ,protection may carry out credible fear interviews pursuant to the ,immigration and ,nationality ,act4 7e7 ,office of professional responsibility ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall every fiscal year hire1 train1 and assign #cj new full-time investigators within the ,office of ,professional ,responsibility of ,u4,s4 ,customs and ,border ,protection until the total number of investigators enables the ,office to fulfill its mission proportionate to the number of new personnel hired in accordance with subsection 7c74 7f7 ,traffic forecasts ,in calculating the number of ,office of ,field ,operations officers needed at each port of entry through the ,workload ,staffing ,model1 the ,office of ,field ,operations shall-- 7#a7 rely on data collected regarding the inspections and other activities conducted at each such port of entry2 and 7#b7 consider volume associated with the increase in the volume of individuals from ,el ,salvador1 ,guatemala1 and ,honduras seeking asylum in the ,united ,states and seasonal surges1 other projected changes in commercial and passenger volumes1 the most current commercial forecasts1 and other relevant information4 7g7 ,amendment ,subparagraph 7,a7 of section #daa7;g77#e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;g77#e77 is amended-- 7#a7 by striking model and inserting models2 and 7#b7 by inserting before the period at the end the following3 1 and information concerning the progress made toward meeting officer hiring targets1 while accounting for attrition4 #bji4 ,surge support for care of families and unaccompanied children 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall enter into memoranda of understanding with appropriate ,federal agencies and applicable emergency government relief services1 and contracts with ,state-licensed1 vetted1 and qualified contractors with health care1 public health1 social work1 and transportation professionals1 for purposes of providing care for individuals1 including unaccompanied alien children1 apprehended at the southern border during the period of increased volume since ,january #bjag4 7b7 ,strategic deployment ,the ,secretary of ,homeland ,security shall ensure that the memoranda of understanding and contracts entered into pursuant to subsection 7a7 ensure core capacity within the ,department of ,homeland ,security to provide adequate care to individuals in short-term detention that includes physicians specializing in pediatrics1 family medicine1 emergency medicine1 obstetrics and gynecology1 geriatric medicine1 internal medicine1 and infectious diseases1 nurse practitioners1 other nurses1 physician assistants1 licensed social workers1 mental health professionals1 public health professionals1 and dieticians4 7c7 ,processing coordinator ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may1 on a case-by-case basis1 hire and train a processing coordinator to operate within ,u4,s4 ,border ,patrol station to-- 7#a7 facilitate the provision of services pursuant to a memorandum of understanding or contract entered into pursuant to subsection 7a7 within a ,u4,s4 ,border ,patrol station2 7#b7 perform administrative tasks related to the intake and processing of individuals apprehend by ,u4,s4 ,border ,patrol agents1 where necessary2 7#c7 transport individuals in ,u4,s4 ,border ,patrol custody1 where necessary2 and 7#d7 perform custodial watch duties of individuals in such custody who have been admitted to a hospital1 except that neither the coordinator nor a ,u4,s4 ,border ,patrol agent may be physically present in a hospital room of such an individual4 7d7 ,monthly reports ,not later than #ij 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 monthly report on the memoranda of understanding and contracts entered into pursuant to subsection 7a7 as of such date1 together with the following3 7#a7 ,information on the deployment of physicians specializing in pediatrics1 family medicine1 emergency medicine1 obstetrics and gynecology1 geriatric medicine1 internal medicine1 and infectious diseases21 nurse practitioners1 other nurses1 physician assistants1 licensed social workers1 mental health professionals1 public health professionals1 and dieticians within each ,u4,s4 ,border ,patrol sector4 7#b7 ,for each ,u4,s4 ,border ,patrol sector1 the degree to which responsibilities have been transferred from ,department of ,homeland ,security personnel1 particularly law enforcement personnel1 for the provision of care of migrant families and unaccompanied alien children apprehended at the southern border of the ,united ,states to personnel under a memorandum of understanding or contract4 #baj4 ,port of entry temporary duty assignments 7a7 ,quarterly report ,not later than #fj days after the date of the enactment of this ,act and quarterly thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the appropriate congressional committees a report that includes1 for each such reporting period1 the following3 7#a7 ,the number of temporary duty assignments of ,u4,s4 ,customs and ,border ,protection officers and support personnel from a port of entry to a temporary duty assignment in response to the ,northern ,triangle ,migrant ,surge4 7#b7 ,the ports of entry from which such employees were reassigned4 7#c7 ,the ports of entry to which such employees were reassigned4 7#d7 ,the ports of entry at which reimbursable service agreements have been entered into that may be affected by such temporary duty assignments4 7#e7 ,the duration of each temporary duty assignment4 7#f7 ,the specific duties personnel will be undertaking during each temporary duty assignment4 7#g7 ,the cost of each temporary duty assignment4 7b7 ,notice ,not later than #aj days before redeploying employees from one port of entry to another in response to the ,northern ,triangle ,migrant ,surge1 absent emergency circumstances-- 7#a7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments2 and 7#b7 the port director shall notify impacted facilities 7including airports1 seaports1 and land ports7 of the intended redeployments4 7c7 ,workforce briefing ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall brief all affected ,u4,s4 ,customs and ,border ,protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry4 #baa4 ,prohibition on physical restraints for women who are pregnant or post-delivery 7a7 ,in general ,except as provided in subsection 7b71 no officer or agent of the ,u4,s4 ,customs and ,border ,protection or ,immigration and ,customs ,enforcement may place physical restraints on a woman in the custody of the ,department of ,homeland ,security 7including during transport1 in a detention facility1 or at an outside medical facility7 who is pregnant or in post-delivery recuperation4 7b7 ,exception ,subsection 7a7 shall not apply with respect to a pregnant woman if-- 7#a7 a supervisory official of the ,department of ,homeland ,security makes an individualized determination that the woman-- 7,a7 is a serious flight risk1 and such risk cannot be prevented by other means2 or 7,b7 poses an immediate and serious threat to harm herself or others that cannot be prevented by other means2 or 7#b7 a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman4 7c7 ,limitations ,if a pregnant woman is restrained pursuant to subsection 7b71 only the safest and least restrictive restraints1 as determined by the appropriate medical professional treating the woman1 may be used4 ,in no case may restraints be used on a woman who is in active labor or delivery1 and in no case may a pregnant woman be restrained in a face-down position with four-point restraints1 on her back1 or in a restraint belt that constricts the area of the pregnancy4 ,a pregnant woman who is immobilized by restraints shall be positioned1 to the maximum extent feasible1 on her left side4 7d7 ,recordkeeping ,if a pregnant woman is restrained pursuant to subsection 7b71 the supervisory official of the ,department of ,homeland ,security shall document the basis for an individualized determination that restraints should be used in the ,departmental records maintained on that woman4 ,,iii ,oversight #cja4 ,,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 #cjb4 ,migrant deaths reporting 7a7 ,immediate reports ,not later than #bd hours after a migrant death1 the ,secretary of ,homeland ,security shall report such death to the ,committees on ,homeland ,security and ,judiciary of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs and ,judiciary of the ,senate4 7b7 ,annual report on migrant deaths ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 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 ,committees on ,homeland ,security and ,judiciary of the ,house of ,representatives1 and the ,committees on ,homeland ,security and ,governmental ,affairs and ,judiciary of the ,senate a report on migrant deaths that occurred in the preceding year along the ,united ,states-,mexico border1 including information on the following3 7#a7 ,the total number of documented migrant deaths within the preceding year of the report4 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 ,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#e7 ,criteria and methodology for collecting such data within each sector4 7c7 ,,gao report on migrant deaths ,not later than one year after the submission of the first report required under subsection 7a71 the ,comptroller ,general of the ,united ,states shall publish a review on the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have-- 7#a7 adopted measures1 such as programs or plans1 to reduce migrants deaths2 7#b7 the effectiveness of its efforts to reduce migrant deaths2 and 7#c7 collected data and information sharing as well as 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 #cjc4 ,review of the use of force ,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 trained their workforces regarding use of force policies1 including the following 7and any recommendations related to the following73 7#a7 ,implementation of new training 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 ,identified additional or alternative weapons and equipment to improve agents' and officers' abilities to de-escalate confrontations1 including protective gear4 7#c7 ,established metrics to track the effectiveness of use of force training and to ensure the reporting of all incidents of use of force to determine whether such force was justified4 #cjd4 ,accountability and transparency within the border zone 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 ,border zone ,the term border zone means the #ajj-mile of land from a ,united ,states international land and coastal border into the interior of the ,united ,states1 as established by ,federal regulation in #aiec4 7#c7 ,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#d7 ,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#e7 ,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#f7 ,primary inspection ,the term primary inspection means an initial inspection of a vehicle or individual at a checkpoint4 7#g7 ,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 for border security and immigration enforcement activities within the border zone 7#a7 ,data collection regarding stops and searches and activity at interior checkpoints ,a law enforcement official who initiates a patrol stop or who detains any individual beyond a brief and limited inquiry1 such as a primary inspection at a checkpoint1 shall record the following3 7,a7 ,the date1 time1 and location of the contact4 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 contact4 7,c7 ,the identifying characteristics of such individual1 including the individual's perceived race1 gender1 ethnicity1 and approximate age4 7,d7 ,the duration of the stop1 detention1 or search1 whether consent was requested and obtained for the contact1 including any search4 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 contact4 7,f7 ,a description of any items seized during such search1 including contraband or money1 and a specification of the type of search conducted4 7,g7 ,whether any arrest1 detention1 warning1 or citation resulted from such contact and the basis for such action4 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 individual4 7,i7 ,if the contact involved an individual whose primary language of communication is not ,english1 the means of communication used4 7,j7 ,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 office4 7,k7 ,if the contact occurred at a location described in subparagraph 7,j71 why that location was chosen and any supervisory approval that was sought to carry out the contact at the location4 7#b7 ,,gao audit ,not later than one year after the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an audit of the data compiled under paragraph 7#a7 to determine whether law enforcement officials are complying with data collection requirements and submit to ,congress a report that contains a summary of the findings of such audit4 7#c7 ,open ,,gao recommendations ,not later than #ahj days after the date of enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the ,committee on ,homeland ,security and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a plan to address any open recommendations made by the ,comptroller ,general on checkpoint performance and the impact of checkpoint operations on nearby communities4 ,within #ahj days after the submission of the report to the ,committees1 the ,comptroller ,general shall issue a report to the committees evaluating the ,commissioner's plan to address the open recommendations4 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#a71 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 of ,homeland ,security 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 7b7 shall be made available to the public to the extent the release of such data is permissible under ,federal law4 #cje4 ,audit and inspections of detention facilities 7a7 ,,oig and ,,gao ,the ,inspector ,general of the ,department of ,homeland ,security and the ,comptroller ,general shall carry out regular audits and inspections1 including unannounced audits and inspections1 of processes 7including recordkeeping7 utilized by ,u4,s4 ,customs and ,border ,protection to conduct intake and process individuals apprehended by ,u4,s4 ,customs and ,border ,protection1 as well as any facility operated by or for the ,department of ,homeland ,security used to detain or otherwise house individuals in custody of the ,department of ,homeland ,security4 ,the ,inspector ,general and ,comptroller ,general shall1 to the extent possible1 share information and coordinate to ensure that ,congress is provided timely audit and inspection information4 7b7 ,congressional access 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may not-- 7,a7 prevent a ,member of ,congress or an employee of the ,united ,states ,house of ,representatives or the ,united ,states ,senate designated by such a ,member for the purposes of this section from entering1 for the purpose of conducting oversight1 any such facility3 and 7,b7 make any temporary modification at any such facility that in any way alters what is observed by a visiting member of ,congress or such designated employee1 compared to what would be observed in the absence of such modification4 7#b7 ,rule of construction ,nothing in this subsection may be construed to require a ,member of ,congress to provide prior notice of the intent to enter such facility for the purpose of conducting oversight4 7#c7 ,requirement ,with respect to individuals described in paragraph 7#a71 the ,department of ,homeland ,security may require that a request be made at least #bd hours in advance of an intent to enter a facility4 7c7 ,photographs ,the ,inspector ,general of the ,department of ,homeland ,security1 ,comptroller ,general1 a ,member of ,congress1 or an employee of the ,united ,states ,house of ,representatives or ,united ,states ,senate shall be authorized to take photographs or video or audio recordings of conditions in a facility but may not publish photographs or video or audio recordings with personally identifiable information without permission4 ,july #ai1 #bjai ,reported from the ,committee on ,homeland ,security with an amendment,july #ai1 #bjai,the ,committees on the ,judiciary and ,ways and ,means discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed