,,ii #aaith ,,congress #b;d ,session ,s4 #ciig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjbf ,mr4 ,lujn introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to increase transparency1 accountability1 and community engagement within the ,department of ,homeland ,security1 to provide independent oversight of border security activities1 to improve training for agents and officers of ,u4,s4 ,customs and ,border ,protection1 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 7referred to in this ,act as the ,commission74 7#b7 ,organization 7,a7 ,leadership ,the ,commission shall be led by a ,chair and a ,vice ,chair4 7,b7 ,membership 7i7 ,in general ,the ,commission shall be composed of #cj members1 who shall-- 7,i7 be appointed by the ,speaker and the minority leader of the ,house of ,representatives and the majority leader and minority leader of the ,senate1 in consultation with the ,president2 and 7,,ii7 have expertise in the areas of migration1 local crime indices1 civil and human rights1 community relations1 cross-border trade and commerce1 quality of life indicators1 or other pertinent experience4 7ii7 ,regional representation ,of the #cj members appointed pursuant to clause 7i77,i7-- 7,i7 #ac members shall be from ,states bordering ,canada and shall comprise the northern border subcommittee2 and 7,,ii7 #ag members shall be from ,states bordering ,mexico and shall comprise the southern border subcommittee4 7iii7 ,northern border subcommittee ,of the #ac members of the northern border subcommittee-- 7,i7 #b shall be elected local government officials2 7,,ii7 #b shall be local law enforcement officials2 7,,iii7 #b shall be civil rights advocates2 7,,iv7 #a shall represent the business community2 7,v7 #a shall represent institutions of higher education2 7,,vi7 #a shall represent a faith community2 7,,vii7 #b shall be ,u4,s4 ,border ,patrol officers or agents1 including at least #a member of the ,national ,border ,patrol ,council2 and 7,,viii7 #b shall be tribal officials4 7iv7 ,southern border subcommittee ,of the #ag members of the southern border subcommittee-- 7,i7 #c shall be elected local government officials2 7,,ii7 #c shall be local law enforcement officials2 7,,iii7 #c shall be civil rights advocates2 7,,iv7 #b shall represent the business community2 7,v7 #a shall represent institutions of higher education2 7,,vi7 #a shall represent a faith community2 7,,vii7 #b shall be ,u4,s4 ,border ,patrol officers or agents1 including at least #a member of the ,national ,border ,patrol ,council2 and 7,,viii7 #b shall be tribal officials4 7v7 ,chair2 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 7vi7 ,terms of service ,the ,chair and the ,vice ,chair of the ,commission shall serve #d-year terms in such positions4 ,members of the ,commission shall also serve #d-year terms4 7vii7 ,appointment deadline ,congress shall make the initial appointments to the ,commission 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 semiannually and may convene additional meetings1 as necessary1 at the call of the ,chair and the ,vice ,chair4 7,b7 ,subcommittees ,the northern border subcommittee and the southern border subcommittee shall each meet at least quarterly1 and may convene additional meetings1 as necessary4 7#d7 ,duties ,the ,commission1 the northern border subcommittee1 and the southern border subcommittee shall-- 7,a7 develop recommendations for improvements regarding border enforcement policies1 strategies1 and programs that take into consideration the impact of such policies1 strategies1 and programs on border communities2 7,b7 evaluate policies1 strategies1 and programs of ,federal agencies operating along the northern and southern ,united ,states borders-- 7i7 to 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 to reduce the number of migrant deaths2 and 7iii7 to 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 while such agents and officers are in the field2 and 7,d7 evaluate training and establish training courses related to-- 7i7 management and leadership skills for supervisors in each ,u4,s4 ,border ,patrol sector1 at each port of entry on the northern and southern ,united ,states borders1 and at each ,u4,s4 ,immigration and ,customs ,enforcement field office2 and 7ii7 the extent to which supervisory and management personnel practices at ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement-- 7,i7 encourage and facilitate workforce development for agents and officers2 and 7,,ii7 promote agent and officer field safety and post-,federal ,law ,enforcement ,training ,center 7referred to in this ,act as ,,fletc7 training of border enforcement personnel in accordance with section #f4 7#e7 ,additional responsibilities 7,a7 ,in general ,in carrying out the duties set forth in paragraph 7#d71 the ,commission shall take into consideration any recommendations and evaluations agreed upon by the northern border subcommittee and the southern border subcommittee4 7,b7 ,subcommittee reports ,the northern border subcommittee and the southern border subcommittee shall each-- 7i7 submit an annual report to the ,chair and ,vice ,chair of the ,commission that contains the recommendations and evaluations of the subcommittees developed pursuant to paragraph 7#d72 and 7ii7 make each such report available to the public4 7#f7 ,prohibition on compensation ,members of the ,commission may not receive pay1 allowances1 or benefits from the ,federal ,government by reason of their service on the ,commission or on either of its subcommittees4 7b7 ,hearings and evidence ,the ,commission or1 on the authority of the ,commission1 any subcommittee or member of the ,commission1 may1 for the purpose of carrying out this ,act1 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#d74 7c7 ,savings provision ,nothing in this ,act may be construed as affecting 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-- 7,a7 submit an annual report to the ,secretary of ,homeland ,security that contains information regarding the activities1 findings1 and recommendations of the ,commission1 including the northern border subcommittee and the southern border subcommittee1 during the preceding year2 and 7,b7 make each such report available to the public4 7#b7 ,congressional notification ,the ,secretary of ,homeland ,security shall brief the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives regarding each report received from the ,commission pursuant to paragraph 7#a74 #c4 ,establishment of the ,office of the ,ombudsman for ,border and ,immigration ,related ,concerns 7a7 ,in general ,subtitle ,a of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bjb et seq47 is amended by adding at the end the following3 #djf4 ,ombudsman for ,border and ,immigration-,related ,concerns 7a7 ,in general ,the ,department shall have the position of ,ombudsman for ,border and ,immigration-,related ,concerns 7referred to in this section as the ,ombudsman74 ,the ,secretary shall appoint an individual as ,ombudsman who has a background in immigration or civil liberties law or law enforcement4 7b7 ,organizational independence ,the ,ombudsman shall report directly to the ,secretary4 ,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 the ,ombudsman's office is sufficiently staffed and resourced to carry out its duties effectively and efficiently4 7d7 ,functions ,the ,ombudsman shall-- 7#a7 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 ,department2 7#b7 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 ,u4,s4 ,citizenship and ,immigration ,services2 7#c7 assist individuals and families who-- 7,a7 have been victims of crimes committed by noncitizens present in the ,united ,states or of violence near the ,united ,states border2 or 7,b7 have been impacted by situations in which the ,department has exercised force against an individual1 including by use of a firearm1 electronic control weapon1 explosive device1 chemical agent1 baton1 projectile1 blunt instrument1 body part1 canine1 or vehicle2 7#d7 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 ,u4,s4 ,citizenship and ,immigration ,services2 7#e7 propose changes in the administrative practices of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,u4,s4 ,citizenship and ,immigration ,services to mitigate problems identified under this section2 7#f7 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 ,u4,s4 ,citizenship and ,immigration ,services2 7#g7 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 conduct that-- 7,a7 requires the completion of an independent review and investigation not later than #a year after the receipt of any such complaint2 7,b7 requires that complainants receive-- 7i7 written confirmation that their complaint was received not later than #fj days after such receipt2 and 7ii7 a written summary regarding the outcome of such complaint not later than #cj days after the completion of the review and investigation under subparagraph 7,a71 including findings of fact1 recommended action1 and available redress2 7,c7 features-- 7i7 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 individual2 and 7ii7 the posting of multilingual information relating to such form at ports of entry and at ,u4,s4 ,border ,patrol interior checkpoints2 7,d7 includes procedures for referring complaints to the ,office for ,civil ,rights and ,civil ,liberties1 the ,office of the ,inspector ,general1 or other appropriate agency of the ,department2 7,e7 establishes a publicly accessible national1 standardized database capable of tracking and analyzing complaints and their resolution2 and 7,f7 provides publicly accessible records1 with copies of complaints1 and their resolutions permanently preserved and available for inspection1 while maintaining the confidentiality of complainants' identities2 and 7#h7 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 set forth 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 dismissal71 as appropriate1 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 each 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 7#a7 ,eligibility ,any interested party1 including a legal representative1 may file a complaint through the complaint process established pursuant to subsection 7d77#g74 7#b7 ,retaliatory action prohibited ,complainants and other individuals identified in a complaint submitted pursuant to this section shall be protected from retaliatory action by law enforcement or by any officer of the ,united ,states based on the content of such complaint4 ,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 ,no effect on removal or criminal proceedings ,neither the filing of a complaint nor the contents of a complaint shall confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint4 7#d7 ,privacy ,no personally identifiable information related to an individual involved in a complaint that could be used to identify such individual may be published4 7#e7 ,assistance ,all 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 may request the ,inspector ,general of the ,department to conduct inspections1 investigations1 and audits related to compliance with the requirements under subsections 7d71 7e71 and 7f74 7h7 ,coordination with ,department components 7#a7 ,in general ,the ,director of ,u4,s4 ,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 not later than #fj days after receiving such recommendations4 7#b7 ,access to information ,the ,secretary shall establish procedures to provide the ,ombudsman access to all departmental records that are necessary to execute the responsibilities of the ,ombudsman set forth in subsection 7d7 or 7e7 not later than #fj days after the ,ombudsman requests 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 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 calendar year beginning after the date of the enactment of the ,homeland ,security ,improvement ,act1 the ,ombudsman shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives that includes-- 7#a7 the number and type of complaints received pursuant to this section2 7#b7 a summary of the demographics of the complainants who filed such complaints2 7#c7 the results of the investigations conducted in response to such complaints1 including violations of standards and any disciplinary actions taken2 7#d7 the identification of any complaint patterns that could be prevented or reduced by policy training or practice changes2 7#e7 an inventory of complaints received pursuant to this section for which action has been taken and the period between the receipt of each such complaint and its resolution2 7#f7 an inventory of complaints received pursuant to this section for which action was not taken during the #a-year period immediately following the filing of such complaint1 including the period during which each such complaint remained open1 and the reason for failing to resolve each such complaint during such #a-year period2 7#g7 recommendations that the ,ombudsman has made to improve the services and responsiveness of ,u4,s4 ,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 recommendations2 and 7#h7 any other information the ,ombudsman considers relevant to such report4 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 7referred to in this subsection as the ,liaison ,office7 in each ,u4,s4 ,border ,patrol sector on the northern or southern border of the ,united ,states4 7#b7 ,purposes ,each ,liaison ,office shall-- 7,a7 foster cooperation between the ,u4,s4 ,border ,patrol1 ,u4,s4 ,customs and ,border ,protection's ,office of ,field ,operations1 ,u4,s4 ,immigration and ,customs ,enforcement1 and border communities2 7,b7 consult with border communities regarding the development of policies1 directives1 and programs of the ,u4,s4 ,border ,patrol and the ,office of ,field ,operations and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,c7 receive feedback from border communities regarding 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 ,citizenship and ,customs ,enforcement1 including not fewer than-- 7,a7 #a 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 relations2 7,b7 #a member of an ,indian tribe 7as such term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 or a tribal organization2 7,c7 #a ,border ,patrol processing coordinator with significant experience working for the ,u4,s4 ,border ,patrol2 7,d7 #a nonuniformed ,u4,s4 ,customs and ,border ,patrol officer with significant experience working for ,u4,s4 ,customs and ,border ,protection2 and 7,e7 #a ,enforcement and ,removal ,operations agent with significant experience working for ,u4,s4 ,immigration and ,customs ,enforcement4 4 7b7 ,clerical amendment ,the table of contents for the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif7 is amended by inserting after the item relating to section #dje the following3 ,sec4 #djf4 ,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 7#a7 ,policies and guidelines ,the ,secretary of ,homeland ,security shall establish policies and guidelines to ensure that all ,u4,s4 ,customs and ,border ,protection agents and officers receive a minimum of-- 7,a7 #ai weeks of training for employees of ,u4,s4 ,customs and ,border ,protection's ,office of ,field ,operations1 and #bc weeks of training for employees of the ,u4,s4 ,border ,patrol1 that-- 7i7 is directly related to the mission of the ,u4,s4 ,border ,patrol or the mission of ,u4,s4 ,customs and ,border ,protection's ,office of ,field ,operations before the initial assignment of such agents and officers2 and 7ii7 is in alignment with curriculum developed and endorsed by ,,fletc2 and 7,b7 #h hours of training and continuing education annually after the completion of the training referred to in subparagraph 7,a74 7#b7 ,trainers ,the training and continuing education required under paragraph 7#a7 shall be conducted by attorneys who-- 7,a7 have experience with the ,fourth ,amendment to the ,united ,states ,constitution1 including appropriate application of the use of force by agents and officers of ,u4,s4 ,customs and ,border ,protection2 and 7,b7 are members of the ,department of ,homeland ,security's ,office of ,general ,counsel4 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 regarding-- 7#a7 community relations1 including-- 7,a7 best practices in community policing2 7,b7 best practices to adhere to policies limiting the location of enforcement and cooperation with local law enforcement2 and 7,c7 best practices in responding to grievances1 including how to refer complaints to the ,ombudsman for ,border and ,immigration-,related ,concerns in accordance with section #djf of the ,homeland ,security ,act of #bjjb1 as added by section #c2 7#b7 interdiction1 including-- 7,a7 instruction regarding formal and proper command language2 7,b7 situational awareness of what language is appropriate in a given situation2 7,c7 policies and guidelines regarding the legal application of use of force2 7,d7 policies and training scenarios necessary to ensure the safety of the agent or officer and the surrounding community during interventions in urban areas1 including-- 7i7 scenario-based training and guidelines2 and 7ii7 non-lethal force training and certification on at least #a non-lethal force instrument1 including electronic control weapons2 and 7,e7 policies necessary to ensure the safety of the agent or officer and the surrounding community during interventions in rural and remote locations2 7#c7 vulnerable populations1 including instruction on screening1 identifying1 and responding to vulnerable populations1 such as children1 victims of human trafficking1 victims of trauma1 and the acutely ill2 7#d7 cultural and societal issues1 including-- 7,a7 understanding the diversity of immigrant communities2 7,b7 language and basic cultural awareness of major migrant-sending countries2 7,c7 natural resource protection and environmental policies along the ,united ,states border2 7,d7 privacy considerations regarding border-related technologies2 and 7,e7 the history and ethics of asylum law2 and 7#e7 standards of professional conduct1 including-- 7,a7 the lawful use of force2 7,b7 complying with chain of command and lawful orders2 7,c7 conduct and ethical behavior toward the public in a civil and professional manner2 7,d7 respect for civil rights and the protection of the well-being of individuals2 7,e7 non-racially biased questioning techniques2 and 7,f7 de-escalation tactics and alternatives to the use of force4 7c7 ,supervisor training ,in addition to the training and continuing education required to be established 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 in supervisory or management positions1 including-- 7#a7 instruction relating to management and leadership best practices2 7#b7 refresher instruction or in-service training relating to legal application of use of force policies and guidelines1 intervention1 community relations1 and professional conduct2 and 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 ,enforcement receive annual evaluations regarding-- 7#a7 their actions and standards of conduct2 and 7#b7 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 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 annual continuing education to maintain and update their 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 ,subject matters ,continuing education under this subsection shall include training courses on-- 7,a7 protecting the civil1 constitutional1 human1 and privacy rights of individuals1 with special emphasis on the scope of enforcement authority1 including-- 7i7 chain of evidence practices and document seizure2 and 7ii7 use of force policies available to agents and officers2 7,b7 the scope of authority of agents and officers to conduct immigration enforcement activities1 including interviews1 interrogations1 stops1 searches1 arrests1 and detentions1 in addition to identifying and detecting fraudulent documents2 7,c7 identifying1 screening1 and responsibility for vulnerable populations1 such as children and victims of trafficking2 and 7,d7 cultural and societal issues1 including-- 7i7 the diversity of immigrant communities2 7ii7 language and basic cultural awareness of major migrant-sending countries2 and 7iii7 natural resource protection and environmental policies along the ,united ,states border4 7#c7 ,administration ,courses offered under this subsection-- 7,a7 shall be administered in consultation with ,,fletc by the individual ,u4,s4 ,border ,patrol sectors and ,u4,s4 ,customs and ,border ,protection's ,office of ,field ,operations 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 shall be approved in advance by the ,secretary of ,homeland ,security to ensure that such courses satisfy the requirements for training under this section4 7#d7 ,rotation ,courses offered as part of continuing education under this subsection shall include-- 7,a7 an annual course focusing on the curriculum described in paragraph 7#b77;,a72 7,b7 a triennial course focusing on curriculum described in paragraph 7#b77;,b72 7,c7 a triennial course focusing on curriculum described in paragraph 7#b77;,c72 and 7,d7 a triennial course focusing on curriculum described in paragraph 7#b77;,d74 7f7 ,assessment ,not later than #f years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives 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 a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that contains an assessment of the standards and guidelines for managing ports of entry under the control of the ,department of ,homeland ,security1 including information regarding-- 7#a7 staffing levels and the need for additional staffing2 7#b7 the rules governing the actions of officers of ,u4,s4 ,customs and ,border ,protection's ,office of ,field ,operations2 7#c7 average delays for transit through land ports of entry2 7#d7 existing efforts and technologies used for border security1 including the impact of such efforts and technologies on-- 7,a7 facilitating trade at ports of entry2 and 7,b7 civil rights1 private property rights1 privacy rights1 and civil liberties2 7#e7 the economic impact of the policies and practices of ,u4,s4 ,customs and ,border ,protection agricultural specialists and ,u4,s4 ,customs and ,border ,protection's ,office of ,field ,operations personnel2 7#f7 physical infrastructure and technological needs at ports of entry2 7#g7 a plan for increasing the number of ,u4,s4 ,customs and ,border ,protection's ,office of ,field ,operations officers certified as emergency medical technicians and the number of medical professionals assigned to land ports of entry2 and 7#h7 a plan for increasing access to land ports of entry that takes into account asylum seekers1 victims of trafficking1 unaccompanied children1 and other vulnerable populations4 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 applicable-- 7#a7 increasing the number of ,u4,s4 ,customs and ,border ,protection agricultural specialists at ports of entry at which delays hinder or negatively impact the local or national economies2 7#b7 updating or increasing the use of technology at ports of entry at which there are average delays exceeding #b hours based on ,u4,s4 ,customs and ,border ,protection data collected during the previous fiscal year2 7#c7 publishing rules regarding document handling at ports of entry2 7#d7 establishing standards of conduct and demeanor when interacting with individuals with border crossing cards and vulnerable populations1 such as children1 victims of human trafficking1 victims of trauma1 and the acutely ill2 and 7#e7 establishing training courses relating to management and leadership skills for supervisors and managers at ports of entry4 #f4 ,border enforcement 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 immigration 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 or 7,b7 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 a 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 identifying characteristics of such individual1 including the individual's perceived race1 gender1 ethnicity1 and approximate age2 7,c7 a description of any items seized during such search1 including contraband or money1 and a specification of the type of search conducted2 7,d7 whether any arrest1 detention1 warning1 or citation resulted from such contact2 7,e7 the immigration status of the individual1 only if obtained during the ordinary course of the contact without additional questioning in accordance with this section2 7,f7 if the contact involved an individual whose primary language of communication is not ,english1 the means of communication used2 7,g7 whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention2 and 7,h7 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 any other agreement with the ,department of ,homeland ,security1 including any ,federal grant program4 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 regarding-- 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#b7 that-- 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-- 7i7 compile the data recorded pursuant to paragraph 7#a7 by agents and officers of ,u4,s4 ,customs and ,border ,protection and the data collected pursuant to paragraph 7#b7 by the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 and 7ii7 determine-- 7,i7 whether any complaint was made by the individual subject to the contact under paragraph 7#a72 and 7,,ii7 which oversight component within or outside of the ,department of ,homeland ,security investigated the complaint4 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 pursuant to paragraph 7#d7 in making policy and program decisions4 7#f7 ,audit and report ,not later than #a year after the effective date of the regulations promulgated pursuant to 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 a report to ,congress that contains a summary of the findings of such audit4 7c7 ,annual report 7#a7 ,requirement ,not later than #a year after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report to ,congress containing the data compiled pursuant to subsection 7b77#d71 including all such data for the previous year4 7#b7 ,availability ,each report submitted pursuant to 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 applicability of such exemption4 7#c7 ,privacy ,the ,secretary may not report1 for purposes of this section1 unique personal identifying information of persons stopped1 searched1 or subjected to a property seizure4 7#d7 ,publication ,the data compiled pursuant to subsection 7b77#d7 shall be made available to the public to the extent the release of such data is permissible under ,federal law4 #g4 ,reporting requirements 7a7 ,annual ,,cbp report on mission and personnel by ,border ,patrol sector ,not later than #a year after the date of the enactment of this ,act and annually thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that includes1 for each ,border ,patrol sector-- 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 vulnerabilities2 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 populations2 7#c7 a description of-- 7,a7 the border security roles and missions of ,federal1 ,state1 regional1 ,tribal1 and local authorities2 and 7,b7 recommendations regarding actions the ,commissioner could carry out to improve coordination with such authorities to enable border security activities to be carried out in a more efficient and effective manner2 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 ,states2 and 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 ,annual report on migrant deaths 7#a7 ,,cbp and ,,ice ,not later than #ahj days after the date of the enactment of this ,act1 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 a report to the ,comptroller ,general of the ,united ,states1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security of the ,house of ,representatives regarding deaths occurring along the ,united ,states-,mexico border1 including-- 7,a7 the number of documented migrant deaths2 7,b7 a geographical breakdown of where such migrant deaths occurred2 7,c7 the cause of death for each migrant1 to the extent such information is available2 7,d7 the extent to which border technology1 physical barriers1 and enforcement programs have contributed to such migrant deaths2 and 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 review ,not later than #ij days after the submission of each report required under paragraph 7#a71 the ,comptroller ,general of the ,united ,states shall complete a review of such report to determine-- 7,a7 the validity of ,u4,s4 ,customs and ,border ,protection's and ,u4,s4 ,immigration and ,customs ,enforcement's statistical analyses of migrant deaths2 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 deaths2 7,c7 the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement measure the effectiveness of its programs to address the frequency of migrant deaths2 and 7,d7 the extent of data and information sharing and cooperation among ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 ,state and local law enforcement1 foreign diplomatic and consular posts1 and nongovernmental organizations-- 7i7 to accurately identify deceased individuals2 7ii7 to notify family members of such deaths2 and 7iii7 to compare information to missing persons registries4 7c7 ,,gao report on use of force 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study that examines the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have clarified use of force policies and submit a report to ,congress containing the results of such study1 which shall include-- 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 policies conform to ,department of ,homeland ,security and ,federal law enforcement best practices2 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 gear2 7,c7 efforts to review and enhance current training and tactics related to use of force1 and to implement reforms to ensure that agents and officers are better equipped to assess and respond to threats2 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 training2 7,e7 the extent to which ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement have established metrics-- 7i7 to track the effectiveness of use of force training2 and 7ii7 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 policy2 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-- 7i7 updates on any pending investigations2 and 7ii7 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 ,enforcement1 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 appropriate2 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 and1 if possible1 implemented into the use of force policies and best practices of ,u4,s4 ,customs and ,border ,protection2 and 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 including 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 7,a7 ,in general ,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 7,b7 ,notification requirement ,if the ,secretary of ,homeland ,security fails to implement such recommendations1 the ,secretary shall submit written notification to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security of the ,house of ,representatives that explains why such recommendations have not been implemented4 7d7 ,,cbp report on use of body-,worn cameras 7#a7 ,defined term ,in this subsection1 the term data means video and audio footage captured by a body-worn camera during its use4 7#b7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security of the ,house of ,representatives relating to the use1 practices1 and procedures of body-worn cameras by ,u4,s4 ,customs and ,border ,protection agents and officers1 including-- 7,a7 the number of body-worn cameras in active use within ,u4,s4 ,customs and ,border ,protection2 7,b7 the location1 broken down by station1 in which such body-worn cameras are in use2 7,c7 the rank and position of the agents and officers of ,u4,s4 ,customs and ,border ,protection at each such station who are assigned body-worn cameras2 7,d7 the standing policies of ,u4,s4 ,customs and ,border ,protection regarding-- 7i7 the storage of body-worn camera data1 including additional requirements or decisions that are unique to a particular sector2 7ii7 the review of data from individual body-worn cameras2 and 7iii7 the request for review of data from individual body-worn cameras by ,u4,s4 ,customs and ,border ,protection personnel or civilians2 7,e7 the latest complaint reports from each sector and location in which body-worn cameras are being used2 and 7,f7 any existing plan to implement1 on a permanent basis1 the use of body-worn cameras by officers and agents of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,,gao review ,not later than #ij days after the submission of the report required under paragraph 7#b71 the ,comptroller ,general of the ,united ,states shall review such report to determine-- 7,a7 the extent to which ,u4,s4 ,customs and ,border ,protection has adopted measures related to body-worn cameras2 and 7,b7 the effectiveness of ,u4,s4 ,customs and ,border ,protection use1 practices1 and procedures of body-worn cameras by agents and officers4 7e7 ,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 ,act1 the ,secretary of ,homeland ,security shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives that assesses-- 7#a7 the efforts and technologies used along ,united ,states borders2 and 7#b7 the impact on border communities of such efforts and technologies on civil rights1 private property rights1 privacy rights1 and civil liberties4 7f7 ,,gao report on the extent of ,,cbp activities1 operations1 and claimed authority ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the congressional committees referred to in subsection 7e7 that assesses-- 7#a7 the range of the current activities1 operations 7including checkpoints71 and claimed authority of ,u4,s4 ,customs and ,border ,protection2 7#b7 the extent to which the range of activities1 operations1 and claimed authority referred to in paragraph 7#a7 is necessary for ,u4,s4 ,customs and ,border ,protection's interior enforcement2 and 7#c7 the impact of ,u4,s4 ,customs and ,border ,protection's interior enforcement and activities described in paragraphs 7#a7 and 7#b7 on civil1 constitutional1 and private property rights4 7g7 ,,gao report on feasibility of establishment of alternate immigration court system ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress1 publish1 and make available to the public a report that-- 7#a7 analyzes the feasibility of establishing an immigration court system1 outside the executive branch1 composed of judges appointed for a fixed term with jurisdiction over cases arising under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 or any other immigration law of the ,united ,states2 7#b7 analyzes the appeal process for such cases2 7#c7 analyzes the impact that such an immigration court system would have on the number of cases heard by each immigration judge and any backlog of such cases2 7#d7 analyzes the barriers to the establishment of such an immigration court system2 and 7#e7 provides recommendations relating to the establishment of such an immigration court system4 #h4 ,limitation on separation of families 7a7 ,definitions ,in this section3 7#a7 ,child welfare agency ,the term child welfare agency means the ,state1 territorial1 or ,tribal agency responsible for child or family services and welfare4 7#b7 ,immigration laws ,the term immigration laws has the meaning given such term in section #aja7ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7ag774 7#c7 ,qualified child welfare expert ,the term qualified child welfare expert means a child welfare expert who is-- 7,a7 licensed by the ,state or county in which the child was removed from the parent or legal guardian of such child2 and 7,b7 independent of ,u4,s4 ,customs and ,border ,protection4 7b7 ,prohibition on separation ,an agent or officer of a designated law enforcement agency performing functions under the immigration laws may not remove a child from the parent or legal guardian of such child solely for the policy goal of-- 7#a7 deterring individuals from migrating to the ,united ,states2 or 7#b7 promoting compliance with immigration laws4 7c7 ,exception 7#a7 ,in general ,an agent or officer of a designated law enforcement agency performing functions under the immigration laws may remove a child from the parent or legal guardian of such child1 at or near a port of entry or within #ajj miles of a border of the ,united ,states1 if-- 7,a7 any ,state court1 authorized under ,state law-- 7i7 terminates the rights of the parent or legal guardian2 7ii7 determines 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-hi72 or 7iii7 makes any similar determination that is legally authorized under ,state law2 or 7,b7 any official from a ,state or county child welfare agency makes a determination that it is in the best interests of the child to be removed from the parent or legal guardian because the child-- 7i7 is in danger of abuse or neglect at the hands of the parent or legal guardian2 or 7ii7 is a danger to himself or herself or others4 7#b7 ,independent authorization required 7,a7 ,in general ,not later than #dh hours after a child is removed from his or her parent or legal guardian pursuant to paragraph 7#a71 the ,secretary of ,homeland ,security shall seek a determination from a qualified child welfare expert on whether such removal was permissible4 7,b7 ,results of determination ,if the qualified child welfare expert does not determine that the removal of the child from the parent or legal guardian was permissible under paragraph 7#a71 the child shall be reunited with his or her parent or legal guardian4 7d7 ,cause of action ,a parent or legal guardian of a child who was removed in violation of this section may bring an action against the ,secretary of ,homeland ,security in a district court of the ,united ,states for injunctive relief4 7e7 ,penalty for family separation ,any person who knowingly removes a child from his or her parent or legal guardian in violation of this section shall be fined not more than #aj1jjj per occurrence of such removal4 7f7 ,documentation required ,the ,secretary of ,homeland ,security shall ensure that the parent or legal guardian of a child who is removed from his or her parent or legal guardian under this section is provided documentation of such removal1 including-- 7#a7 an explanation of why the child was removed from the parent or guardian2 and 7#b7 any evidence the ,secretary has relating to removal of the child from his or her parent or legal guardian4 #i4 ,rule of construction ,nothing in this ,act may be construed to limit the right any parent1 legal guardian or child may have under law1 including the settlement agreement in ,ms4 ,l4 v4 ,,ice1 #ah-;cv-#jjdbh 7,s4,d4 ,cal4 ,dec4 #aa1 #bjbc71 any tort remedy under chapter #aga of title #bh1 ,united ,states ,code 7commonly referred to as the ,federal ,tort ,claims ,act71 or any other ,act4