Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

116th Congress }                                          { Rept. 116-163
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { Part 1

======================================================================
 
                  HOMELAND SECURITY IMPROVEMENT ACT

                                _______
                                

 July 19, 2019.--Committee to the Committee of the Whole House on the 
              State of the Union and Ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2203]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2203) to increase transparency, accountability, 
and community engagement within the Department of Homeland 
Security, provide independent oversight of border security 
activities, improve training for agents and officers of U.S. 
Customs and Border Protection and U.S. Immigration and Customs 
Enforcement, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    16
Background and Need for Legislation..............................    17
Hearings.........................................................    19
Committee Consideration..........................................    19
Committee Votes..................................................    21
Committee Oversight Findings.....................................    23
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................    23
Federal Mandates Statement.......................................    24
Statement of General Performance Goals and Objectives............    24
Duplicative Federal Programs.....................................    24
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    24
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................    24
Changes in Existing Law Made by the Bill, as Reported............    32
Committee Correspondence.........................................    47
Minority Views...................................................    49

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland Security 
Improvement Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

   TITLE I--NATIONAL COMMISSION TO INVESTIGATE THE TREATMENT OF THE 
       MIGRANT FAMILIES AND CHILDREN BY THE TRUMP ADMINISTRATION

Sec. 101. Establishment of commission.
Sec. 102. Purposes.
Sec. 103. Composition of the Commission; qualifications.
Sec. 104. Functions of commission.
Sec. 105. Powers of commission.
Sec. 106. Public meetings and release of public version of reports.
Sec. 107. Staff of commission.
Sec. 108. Compensation and travel expenses.
Sec. 109. Security clearances for commission members and staff.
Sec. 110. Reports of commission; termination.
Sec. 111. Funding.

TITLE II--OMBUDSMAN, BORDER COMMUNITY LIAISONS, TRAINING AND MANAGEMENT

Sec. 201. Establishment of the Office of the Ombudsman for Border and 
Immigration Related Concerns.
Sec. 202. Establishment of border community stakeholder advisory 
committee.
Sec. 203. Training and continuing education.
Sec. 204. Body-worn cameras.
Sec. 205. Limitation on the separation of families.
Sec. 206. Prohibition on exceeding 72 hours in short-term detention.
Sec. 207. Electronic tracking.
Sec. 208. Preventing implementation of anti-asylum access interim final 
rule; Termination of remain in Mexico protocol and metering policy.
Sec. 209. Surge support for care of families and unaccompanied 
children.
Sec. 210. Port of entry temporary duty assignments.
Sec. 211. Prohibition on physical restraints for women who are pregnant 
or post-delivery.

                          TITLE III--OVERSIGHT

Sec. 301. GAO report on the extent of CBP activities, operations, and 
claimed authority.
Sec. 302. Migrant deaths reporting.
Sec. 303. Review of the use of force.
Sec. 304. Accountability and transparency within the border zone.
Sec. 305. Audit and inspections of detention facilities.

   TITLE I--NATIONAL COMMISSION TO INVESTIGATE THE TREATMENT OF THE 
       MIGRANT FAMILIES AND CHILDREN BY THE TRUMP ADMINISTRATION

SEC. 101. 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 (in this Act referred to as the 
``Commission'').

SEC. 102. PURPOSES.

   The purposes of the Commission are to--
          (1) examine the handling of migrant families and children 
        apprehended along the United States-Mexico border by U.S. 
        Customs and Border Protection since January 2017;
          (2) ascertain, evaluate, 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 2017;
          (3) build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                  (A) Department of Homeland Security Office of 
                Inspector General;
                  (B) Department of Health and Human Services Office of 
                Inspector General; and
                  (C) other executive branch, congressional, 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 2017;
          (4) make a full and complete accounting of the handling of 
        the migrant families and children apprehended at the southern 
        border since January 2017; and
          (5) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures.

SEC. 103. COMPOSITION OF THE COMMISSION; QUALIFICATIONS.

  (a) Members.--The Commission shall be composed of 10 members, of 
whom--
          (1) one member shall be appointed by the leader of the 
        Democratic Party (majority or minority leader, as the case may 
        be) in the House of Representatives, with the concurrence of 
        the leader of the Democratic party (majority or minority leader 
        as the case may be) in the Senate, who shall serve as chairman 
        of the Commission;
          (2) two members shall be appointed by the senior member of 
        the leadership of the Democratic party in Senate;
          (3) three members shall be appointed by the senior member of 
        the leadership of the Republican party in the Senate;
          (4) three members shall be appointed by the senior member of 
        the leadership of the Democratic party in the House of 
        Representatives; and
          (5) one member shall be appointed by the senior member of the 
        leadership of the Republican party in of the House of 
        Representatives.
  (b) Qualifications.--Each individual appointed to the Commission 
shall have expertise and experience in at least one of the following 
areas:
          (1) Immigration law, particularly experience representing 
        asylees.
          (2) Public health.
          (3) Child welfare.
          (4) Civil rights.
          (5) As a representative of a humanitarian organization that 
        gives assistance to individuals crossing the southern border.
          (6) As a local official from a border community on the 
        southern border of the United States.

SEC. 104. FUNCTIONS OF COMMISSION.

  The functions of the Commission are to--
          (1) 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 2017, 
        including any relevant legislation, Executive order, 
        regulation, plan, policy, practice, or procedure;
          (2) identify, review, 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 2017, 
        regarding the structure, coordination, management policies, and 
        procedures of the Federal Government, and, if appropriate, 
        State and local governments and nongovernmental entities, 
        relative to providing timely, effective and humane treatment of 
        migrant families and unaccompanied alien children seeking 
        asylum in the United States; and
          (3) submit to the President and Congress such reports as are 
        required by this title containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing organization, coordination, planning, 
        management arrangements, procedures, rules, and regulations.

SEC. 105. POWERS OF COMMISSION.

  (a) In General.--
          (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this title--
                  (A) hold such hearings and sit and act at such times 
                and places, take such testimony, receive such evidence, 
                administer such oaths; and
                  (B) subject to paragraph (2)(A), require, by subpoena 
                or otherwise, the attendance and testimony of such 
                witnesses and the production of such books, records, 
                correspondence, memoranda, papers, and documents, as 
                the Commission or such designated subcommittee or 
                designated member may determine advisable.
          (2) Subpoenas.--
                  (A) Issuance.--
                          (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                  (I) by the agreement of the chairman 
                                and the vice chairman; or
                                  (II) by the affirmative vote of 6 
                                members of the Commission.
                          (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the chairman or 
                        any member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the chairman or by a member 
                        designated by a majority of the Commission.
                  (B) Enforcement.--
                          (i) In general.--In the case of contumacy or 
                        failure to obey a subpoena issued under 
                        subsection (a), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                          (ii) 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 section, the Commission may, 
                        by majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
  (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this title.
  (c) Information From Federal Agencies.--
          (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this title. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the chairman of 
        any subcommittee created by a majority of the Commission, or 
        any member designated by a majority of the Commission.
          (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
  (d) Assistance From Federal Agencies.--
          (1) 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 functions.
          (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.

SEC. 106. PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSION OF REPORTS.

  (a) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
          (1) hold public hearings and meetings to the extent 
        appropriate; and
          (2) release public versions of the reports required under 
        section 110(a) and (b).
  (b) 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 statute, regulation, or Executive order.

SEC. 107. STAFF OF COMMISSION.

  (a) In General.--
          (1) Appointment and compensation.--The chairman, in 
        consultation with vice chairman, in accordance with rules 
        agreed upon by the Commission, 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 
        functions, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, 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 5316 of title 5, United States 
        Code.
          (2) Personnel as federal employees.--
                  (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                  (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
  (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
  (c) Consultant Services.--The Commission is authorized to procure the 
services of experts and consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to exceed the daily rate 
paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 108. 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 5315 of 
title 5, United States Code, for each day during which that member is 
engaged in the actual performance of the duties of the Commission.

SEC. 109. 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 requirements, except that no person shall be 
provided with access to classified information under this title without 
the appropriate security clearances.

SEC. 110. REPORTS OF COMMISSION; TERMINATION.

  (a) Interim Reports.--The Commission may submit to the President and 
Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
  (b) Report.--Not later than 18 months after the date of the enactment 
of this Act, the Commission shall submit to the President and Congress 
a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
  (c) Termination.--
          (1) In general.--The Commission, and all the authorities of 
        this title, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
          (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 111. FUNDING.

  (a) In General.--There is authorized $3,000,000 for purposes of 
carrying out the activities of the Commission under this title.
  (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.

TITLE II--OMBUDSMAN, BORDER COMMUNITY LIAISONS, TRAINING AND MANAGEMENT

SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND 
                    IMMIGRATION RELATED CONCERNS.

  (a) In General.--Subtitle C of title IV of the Homeland Security Act 
of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 437. ESTABLISHMENT OF THE OFFICE OF OMBUDSMAN FOR BORDER AND 
                    IMMIGRATION RELATED CONCERNS.

  ``(a) In General.--The Secretary shall appoint an Ombudsman for 
Border and Immigration Related Concerns (hereinafter referred to as the 
`Ombudsman'), who shall--
          ``(1) be independent of Department agencies and officers;
          ``(2) report directly to the Secretary; and
          ``(3) have a background in immigration, civil rights, and law 
        enforcement.
  ``(b) Functions.--The functions of the Ombudsman shall be to--
          ``(1) establish an independent, neutral, and confidential 
        process to receive, investigate, resolve, and provide redress, 
        including referral for investigation to the Office of the 
        Inspector General, referral to the Office of Civil Rights and 
        Civil Liberties to investigate complaints and information 
        indicating possible abuses of civil rights or civil liberties, 
        referral to U.S. Citizenship and Immigration Services for 
        immigration relief, or any other action determined appropriate, 
        in cases in which Department employees, or subcontracted or 
        cooperating entity personnel, are alleged to have engaged in 
        misconduct or violated the rights of individuals, associations, 
        or employers;
          ``(2) establish an accessible and standardized complaint 
        process regarding complaints against any employee of U.S. 
        Customs and Border Protection or U.S. Immigration and Customs 
        Enforcement, or any subcontracted or cooperating entity 
        personnel, 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 law; and
          ``(3) identify and thereafter review, examine, and make 
        recommendations to the Secretary or designee to address chronic 
        concerns in border security and enforcement activities of U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement.
  ``(c) Annual Report.--On an annual basis, starting one year after the 
date of the enactment of this section, the Secretary shall submit to 
the Committee on Homeland 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 year, 
including information relating to the following:
          ``(1) The number of complaints received in the period, with 
        information on each complaint including whether it is against 
        any employee of U.S. Customs and Border Protection or U.S. 
        Immigration and Customs Enforcement, or any subcontracted or 
        cooperating entity personnel, 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 law, when 
        and where the incident that gave rise to the complaint 
        occurred, including, where possible, identification of the port 
        of entry, U.S. Border Patrol station, or detention facility 
        where the alleged incident occurred.
          ``(2) The number of investigations commenced or carried out 
        in the period, with information on each investigation including 
        whether it involves any employee of U.S. Customs and Border 
        Protection or U.S. Immigration and Customs Enforcement, or any 
        subcontracted or cooperating entity personnel, 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 law.
          ``(3) The number of complaints resolved in the period, with 
        information on how each complaint was resolved, including for 
        those complaints that were--
                  ``(A) referred for investigation to the Office of the 
                Inspector General;
                  ``(B) referred to the Office of Civil Rights and 
                Civil Liberties;
                  ``(C) referred to U.S. Citizenship and Immigration 
                Services for immigration relief; and
                  ``(D) resolved in some other manner.
          ``(4) Findings and recommendations for the period that 
        address chronic concerns in border security and enforcement 
        activities of U.S. Customs and Border Protection and U.S. 
        Immigration and Customs Enforcement, including the impact of 
        such activities on border communities and the civil rights, 
        property rights, privacy rights, and civil liberties of 
        residents of such communities.
          ``(5) Any actions taken by the Department to implement 
        recommendations that address chronic concerns in border 
        security and enforcement activities.
  ``(d) Publication.--Not later than 30 days after receiving the annual 
report required pursuant to subsection (c), the Secretary shall publish 
the annual report on the website of the Department and in the Federal 
Register, together with any feedback from the Secretary regarding the 
report.
  ``(e) Confidentiality.--In the absence of the written consent of an 
individual who submits a complaint, the Ombudsman shall keep 
confidential the identity of and any identifying information relating 
to that individual.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by striking the items relating 
to sections 435 and 436 and inserting the following new items:

``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437.Establishment of the Office of Ombudsman for Border and 
Immigration Related Concerns.''.

SEC. 202. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY 
                    COMMITTEE.

  (a) In General.--Subtitle C of title IV of the Homeland Security Act 
of 2002, as amended by section 201 of this Act, is further amended by 
adding at the end the following new section:

``SEC. 438. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY 
                    COMMITTEE.

  ``(a) Establishment.--The Secretary shall establish within the 
Department a border community stakeholders advisory committee pursuant 
to section 871 of this Act.
  ``(b) Duties.--
          ``(1) In general.--The Secretary shall consult with the 
        Advisory Committee, as appropriate, on border security and 
        immigration enforcement matters, including on the development, 
        refinement, and implementation of policies, protocols, 
        programs, and rulemaking pertaining to border security and 
        immigration enforcement that may impact border communities.
          ``(2) Recommendations.--The Advisory Committee shall develop, 
        at the request of the Secretary, recommendations regarding 
        policies, protocols, programs and rulemaking pertaining to 
        border security and immigration enforcement that may impact 
        border communities.
          ``(3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Secretary--
                  ``(A) reports on matters identified by the Secretary; 
                and
                  ``(B) reports on other matters identified by a 
                majority of the members of the Advisory Committee.
          ``(4) Annual report.--The Advisory Committee shall submit to 
        the Secretary an annual report providing information on the 
        activities, findings, and recommendations of the Advisory 
        Committee, including its subcommittees, for the preceding year. 
        Not later than six months after the date on which the Secretary 
        receives the annual report, the Secretary shall publish a 
        public version describing the Advisory Committee's activities 
        and such related matters as would be informative to the public, 
        consistent with section 552(b) of title 5, United States Code.
          ``(5) Feedback.--Not later than 90 days after receiving 
        recommendations transmitted by the Advisory Committee under 
        paragraph (4), the Secretary shall respond in writing to the 
        Advisory Committee with feedback on each of the 
        recommendations, an action plan to implement any of the 
        recommendations with which the Secretary concurs, and a 
        justification for why any of the recommendations have been 
        rejected.
          ``(6) Congressional notification.--Not later than 30 days 
        after providing written feedback to the Advisory Committee 
        under paragraph (5), 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 feedback, and provide a briefing upon request.
          ``(7) Report to congress.--Prior to briefing the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate under paragraph (6), the Secretary shall submit to such 
        committees a report containing information relating to the 
        recommendations transmitted by the Advisory Committee in 
        accordance with paragraph (4).
  ``(c) Membership.--
          ``(1) Appointment.--
                  ``(A) In general.--Not later than 90 days after the 
                date of enactment of this section, the Secretary shall 
                appoint the members of the Advisory Committee.
                  ``(B) Composition.--The membership of the Advisory 
                Committee shall consist of a border community 
                stakeholder from each of the nine U.S. Border Patrol 
                sectors and three individuals with significant 
                expertise and experience in immigration law, civil 
                rights, and civil liberties, particularly as relates to 
                interests of residents of border communities.
          ``(2) Term of office.--
                  ``(A) Terms.--The term of each member of the Advisory 
                Committee shall be two years. A member of the Advisory 
                Committee may be reappointed.
                  ``(B) Removal.--The Secretary may review the 
                participation of a member of the Advisory Committee and 
                remove such member for cause at any time.
          ``(3) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive pay, allowances, or 
        benefits from the Government by reason of their service on the 
        Advisory Committee.
          ``(4) Meetings.--
                  ``(A) In general.--The Secretary shall require the 
                Advisory Committee to meet at least semiannually and 
                may convene additional meetings as necessary.
                  ``(B) Public meetings.--At least one of the meetings 
                described in subparagraph (A) shall be within a Border 
                Patrol sector and open to the public.
                  ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
          ``(5) Member access to sensitive security information.--Not 
        later than 60 days after the date of a member's appointment, 
        the Secretary shall determine if there is cause for the member 
        to be restricted from possessing sensitive security 
        information. Without such cause, and upon the member 
        voluntarily signing a non-disclosure agreement, the member may 
        be granted access to sensitive security information that is 
        relevant to the member's advisory duties. The member shall 
        protect the sensitive security information in accordance with 
        part 1520 of title 49, Code of Federal Regulations.
          ``(6) Chairperson.--A stakeholder representative on the 
        Advisory Committee who is elected by the appointed membership 
        of the Advisory Committee shall chair the Advisory Committee.
  ``(d) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee and its 
subcommittees.
  ``(e) Definitions.--In this section:
          ``(1) Advisory committee.--The term `Advisory Committee' 
        means the border community stakeholder advisory committee 
        established under subsection (a).
          ``(2) 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 
        actions, including--
                  ``(A) a landowner within 10 miles of a land border of 
                the United States;
                  ``(B) a business leader in a company operating within 
                10 miles of a land border of the United States;
                  ``(C) a local official from a community on a land 
                border of the United States; and
                  ``(D) a representative of Indian tribes on a land 
                border of the United States.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002, as amended by section 201 of this Act, 
is further amended by inserting after the item relating to section 437 
the following new item:

``Sec. 438. Establishment of Border Community Stakeholder Advisory 
Committee.''.

SEC. 203. TRAINING AND CONTINUING EDUCATION.

  (a) 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 U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement receives a minimum of 20 weeks of 
training upon onboarding that is directly related to the mission and 40 
hours of training and continuing education annually thereafter, to 
include personnel in a supervisory or management position. Such 
training shall include training provided by attorneys outside of the 
Department of Homeland Security.
  (b) Curriculum.--The Secretary of Homeland Security shall establish 
policies and guidelines governing training and continuing education of 
agents and officers of U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement regarding accountability, standards 
for professional and ethical conduct, and oversight. Such training 
shall address the following:
          (1) Community relations, including the following:
                  (A) Best practices in community policing, cultural 
                awareness, and carrying out enforcement actions near 
                sensitive locations such as places of worship or 
                religious ceremony, school or education-related place 
                or event, courthouse or other civic building providing 
                services accessible to the public, hospital, medical 
                treatment, or health care facility, a public 
                demonstration, or an attorney's office, including a 
                public defender or legal aid office.
                  (B) Policies limiting location of enforcement and 
                cooperation with local law enforcement.
                  (C) Best practices in responding to grievances and 
                how to refer complaints to the Ombudsman for Border and 
                Immigration Related Concerns in accordance with section 
                437 of the Homeland Security Act of 2002, as added by 
                section 201 of this Act.
          (2) Interaction with vulnerable populations, including 
        instruction on screening, identifying, and responding to 
        vulnerable populations, such as children, victims of human 
        trafficking, and the acutely ill.
          (3) Standards of professional and ethical conduct, including 
        the following:
                  (A) Lawful use of force, de-escalation tactics, and 
                alternatives to the use of force.
                  (B) Complying with chain of command and lawful 
                orders.
                  (C) Conduct and ethical behavior toward the public in 
                a civil and professional manner.
                  (D) Civil rights and legal protections.
                  (E) Non-racially biased questioning.
                  (F) De-escalation tactics and alternatives to use of 
                force.
                  (G) Permissible and impermissible social media 
                activity.
  (c) Performance Review Process.--The Secretary of Homeland Security 
shall establish a review process to ensure that port supervisors and 
managers of U.S. Customs and Border Protection and U.S. Immigration and 
Customs Enforcement, as the case may be, are evaluated annually on 
their actions and standards of conduct, and on the actions, situational 
and educational development, and standards of conduct of their staffs.
  (d) Continuing Education.--
          (1) In general.--The Secretary of Homeland Security shall 
        annually require all agents and officers of U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement 
        who are required to undergo training under subsections (a) 
        through (c) to participate in continuing education to maintain 
        and update understanding of Federal legal rulings, court 
        decisions, and Department of Homeland Security policies, 
        procedures, and guidelines related to the subject matters 
        described in such subsections.
          (2) Constitutional authority subject matter.--Continuing 
        education under this subsection shall include a course on 
        protecting the civil, constitutional, human, and privacy rights 
        of individuals, with special emphasis on the scope of 
        enforcement authority, including chain of evidence practices 
        and document seizure, and use of force policies available to 
        agents and officers.
          (3) Additional subject matters.--Continuing education under 
        this subsection shall also include a course on the following:
                  (A) Scope of authority to conduct immigration 
                enforcement activities, including interviews, 
                interrogations, stops, searches, arrests, and 
                detentions, in addition to identifying and detecting 
                fraudulent documents.
                  (B) Identifying, screening, and responsibility for 
                vulnerable populations, such as children and victims of 
                trafficking.
                  (C) Permissible and impermissible social media 
                activity.
          (4) Administration.--Courses offered as part of continuing 
        education under this subsection shall be administered by the 
        Federal Law Enforcement Training Centers.
  (e) Training Assessment.--Not later than three years after the date 
of the enactment of this Act, 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 education, including continuing education, required under this 
section as well as its implementation.

SEC. 204. BODY-WORN CAMERAS.

  (a) Requirement.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Homeland Security, shall submit to the 
Committees on Homeland 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 U.S. Border Patrol agents and U.S. Immigration and 
Customs Enforcement officers whenever engaged in border security or 
immigration enforcement activities.
  (b) Elements.--The plan shall include the following:
          (1) Benchmarks for implementation within U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement.
          (2) Policies, procedures, and training modules for the use of 
        body-worn cameras by agents and officers, including training 
        modules relating to the appropriate use of such cameras and 
        adverse action for non-compliance.
          (3) Mechanisms for enforcement of body-worn camera policies 
        and procedures by agents and officers within U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement.

SEC. 205. LIMITATION ON THE SEPARATION OF FAMILIES.

  (a) In General.--Notwithstanding any other provision of law, a child 
may not be removed from a parent, legal guardian, or family member of 
such child, at or near the port of entry or within 100 miles of a 
border of the United States, unless one of the following has occurred:
          (1) A State court, authorized under State law, terminates the 
        rights of the parent or legal guardian, determines that it is 
        in the best interests of the child to be removed from the 
        parent or legal guardian, in accordance with the Adoption and 
        Safe Families Act of 1997 (Public Law 105-89), or makes any 
        similar determination that is legally authorized under State 
        law.
          (2) An official from the State or county child welfare agency 
        with expertise in child trauma and development makes a best 
        interests determination that it is in the best interests of the 
        child to be removed from the parent, legal guardian, or family 
        member because the child is in danger of abuse or neglect at 
        the hands of the parent, legal guardian, or family member or is 
        a danger to herself or others.
  (b) Prohibition on Separation.--
          (1) In general.--A designated agency may not remove a child 
        from a parent, legal guardian, or 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 laws.
          (2) Penalty for family separation.--Any person who knowingly 
        separates a child from his or her parent, legal guardian, or 
        family member in violation of this section, shall be fined not 
        more than $10,000.
  (c) Family Member Defined.--For purposes of this section, the term 
``family member'' means an individual who is any of the following:
          (1) A parent or legal guardian.
          (2) A spouse.
          (3) A child.
          (4) A step-family member.
          (5) An immediate family member, to include adult siblings.
          (6) An extended family member, to include aunts, uncles, 
        adult cousins, and grandparents.

SEC. 206. PROHIBITION ON EXCEEDING 72 HOURS IN SHORT-TERM DETENTION.

  Notwithstanding any other provision of law, the Secretary of Homeland 
Security shall ensure that each individual apprehended by U.S. Customs 
and Border Protection is released, paroled, or transferred to an 
appropriate long-term facility operated by a non-profit organization, 
U.S. Immigration and Customs Enforcement, or the Department of Health 
and Human Services not later than 72 hours after such apprehension 
absent an exigent circumstance that is beyond the Secretary's control, 
such as a natural disaster. 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 exists, and provide information on when 
the impacted individuals will be so released, paroled, or transferred.

SEC. 207. ELECTRONIC TRACKING.

  (a) Establishment.--The Secretary of Homeland Security and the 
Secretary of Health and Human Services shall establish an electronic 
tracking system on a single interface, which shall be--
          (1) accessible to agents and officials of U.S. Customs and 
        Border Protection, U.S. Immigration and Customs Enforcement, 
        and the Office of Refugee Resettlement; and
          (2) used to track the location of a child who has been 
        separated under section 205 and the parent or legal guardian of 
        the child.
  (b) Tracking Number.--The Secretary of Homeland Security shall assign 
to a child who has been separated under section 205 and the parent or 
legal guardian of the child a tracking number that--
          (1) is transferrable;
          (2) may be shared easily on the electronic tracking system 
        described in subsection (a) by agents and officials of--
                  (A) U.S. Customs and Border Protection;
                  (B) U.S. Immigration and Customs Enforcement; and
                  (C) the Office of Refugee Resettlement; and
          (3) is included on the paperwork of the child and the parent 
        or legal guardian of the child.
  (c) 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 205 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 .

SEC. 208. PREVENTING IMPLEMENTATION OF ANTI-ASYLUM ACCESS INTERIM FINAL 
                    RULE; TERMINATION OF REMAIN IN MEXICO PROTOCOL AND 
                    METERING POLICY.

  (a) Prevention of Implementation of Anti-asylum Access Rule.--
Notwithstanding any other provision of law, the joint interim final 
rule published in the Federal Register on July 16, 2019, by the 
Secretary of Homeland Security and Attorney General that would restrict 
eligibility for aliens seeking asylum in the United States may not be 
implemented, enforced, or otherwise carried out by the Secretary or the 
Attorney General.
  (b) MPP and Metering Termination.--Not later than 30 days after 
enactment of this Act, the following shall terminate:
          (1) The Migrant Protection Protocols that were announced by 
        the Secretary of Homeland Security on December 20, 2018, any 
        subsequent revisions to such protocols, 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 proceedings.
          (2) The U.S. 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 entry.
  (c) Additional Capacity at Ports of Entry.--For the purposes of 
increasing processing capacity at ports of entry, the Commissioner of 
U.S. Customs and Border Protection shall every fiscal year hire, train, 
and assign not fewer than 600 new officers above the level as of 
September 30 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 Commissioner.
  (d) Prohibition on Certain Interviews.--No personnel employed by U.S. 
Customs and Border Protection may carry out credible fear interviews 
pursuant to the Immigration and Nationality Act.
  (e) Office of Professional Responsibility.--The Commissioner of U.S. 
Customs and Border Protection shall every fiscal year hire, train, and 
assign 30 new full-time investigators within the Office of Professional 
Responsibility of U.S. 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 (c).
  (f) Traffic Forecasts.--In calculating the number of Office of Field 
Operations officers needed at each port of entry through the Workload 
Staffing Model, the Office of Field Operations shall--
          (1) rely on data collected regarding the inspections and 
        other activities conducted at each such port of entry; and
          (2) consider volume associated with the increase in the 
        volume of individuals from El Salvador, Guatemala, and Honduras 
        seeking asylum in the United States and seasonal surges, other 
        projected changes in commercial and passenger volumes, the most 
        current commercial forecasts, and other relevant information.
  (g) Amendment.--Subparagraph (A) of section 411(g)(5) of the Homeland 
Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
          (1) by striking ``model'' and inserting ``models''; and
          (2) by inserting before the period at the end the following: 
        ``, and information concerning the progress made toward meeting 
        officer hiring targets, while accounting for attrition''.

SEC. 209. SURGE SUPPORT FOR CARE OF FAMILIES AND UNACCOMPANIED 
                    CHILDREN.

  (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall enter 
into memoranda of understanding with appropriate Federal agencies and 
applicable emergency government relief services, and contracts with 
State-licensed, vetted, and qualified contractors with health care, 
public health, social work, and transportation professionals, for 
purposes of providing care for individuals, including unaccompanied 
alien children, apprehended at the southern border during the period of 
increased volume since January 2017.
  (b) Strategic Deployment.--The Secretary of Homeland Security shall 
ensure that the memoranda of understanding and contracts entered into 
pursuant to subsection (a) ensure core capacity within the Department 
of Homeland Security to provide adequate care to individuals in short-
term detention that includes physicians specializing in pediatrics, 
family medicine, emergency medicine, obstetrics and gynecology, 
geriatric medicine, internal medicine, and infectious diseases, nurse 
practitioners, other nurses, physician assistants, licensed social 
workers, mental health professionals, public health professionals, and 
dieticians.
  (c) Processing Coordinator.--The Commissioner of U.S. Customs and 
Border Protection may, on a case-by-case basis, hire and train a 
processing coordinator to operate within U.S. Border Patrol station 
to--
          (1) facilitate the provision of services pursuant to a 
        memorandum of understanding or contract entered into pursuant 
        to subsection (a) within a U.S. Border Patrol station;
          (2) perform administrative tasks related to the intake and 
        processing of individuals apprehend by U.S. Border Patrol 
        agents, where necessary;
          (3) transport individuals in U.S. Border Patrol custody, 
        where necessary; and
          (4) perform custodial watch duties of individuals in such 
        custody who have been admitted to a hospital, except that 
        neither the coordinator nor a U.S. Border Patrol agent may be 
        physically present in a hospital room of such an individual.
  (d) Monthly Reports.--Not later than 90 days after the date of the 
enactment of this Act, 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 (a) as of such date, together with 
the following:
          (1) Information on the deployment of physicians specializing 
        in pediatrics, family medicine, emergency medicine, obstetrics 
        and gynecology, geriatric medicine, internal medicine, and 
        infectious diseases;, nurse practitioners, other nurses, 
        physician assistants, licensed social workers, mental health 
        professionals, public health professionals, and dieticians 
        within each U.S. Border Patrol sector.
          (2) For each U.S. Border Patrol sector, the degree to which 
        responsibilities have been transferred from Department of 
        Homeland Security personnel, particularly law enforcement 
        personnel, 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 contract.

SEC. 210. PORT OF ENTRY TEMPORARY DUTY ASSIGNMENTS.

  (a) Quarterly Report.--Not later than 60 days after the date of the 
enactment of this Act and quarterly thereafter, the Commissioner of 
U.S. Customs and Border Protection shall submit to the appropriate 
congressional committees a report that includes, for each such 
reporting period, the following:
          (1) The number of temporary duty assignments of U.S. 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 Surge.
          (2) The ports of entry from which such employees were 
        reassigned.
          (3) The ports of entry to which such employees were 
        reassigned.
          (4) The ports of entry at which reimbursable service 
        agreements have been entered into that may be affected by such 
        temporary duty assignments.
          (5) The duration of each temporary duty assignment.
          (6) The specific duties personnel will be undertaking during 
        each temporary duty assignment.
          (7) The cost of each temporary duty assignment.
  (b) Notice.--Not later than 10 days before redeploying employees from 
one port of entry to another in response to the Northern Triangle 
Migrant Surge, absent emergency circumstances--
          (1) the Commissioner of U.S. Customs and Border Protection 
        shall notify the director of the port of entry from which 
        employees will be reassigned of the intended redeployments; and
          (2) the port director shall notify impacted facilities 
        (including airports, seaports, and land ports) of the intended 
        redeployments.
  (c) Workforce Briefing.--The Commissioner of U.S. Customs and Border 
Protection shall brief all affected U.S. Customs and Border Protection 
employees regarding plans to mitigate vulnerabilities created by any 
planned staffing reductions at ports of entry.

SEC. 211. PROHIBITION ON PHYSICAL RESTRAINTS FOR WOMEN WHO ARE PREGNANT 
                    OR POST-DELIVERY.

  (a) In General.--Except as provided in subsection (b), no officer or 
agent of the U.S. 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 (including during 
transport, in a detention facility, or at an outside medical facility) 
who is pregnant or in post-delivery recuperation.
  (b) Exception.--Subsection (a) shall not apply with respect to a 
pregnant woman if--
          (1) a supervisory official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                  (A) is a serious flight risk, and such risk cannot be 
                prevented by other means; or
                  (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
          (2) 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 woman.
  (c) Limitations.--If a pregnant woman is restrained pursuant to 
subsection (b), only the safest and least restrictive restraints, as 
determined by the appropriate medical professional treating the woman, 
may be used. In no case may restraints be used on a woman who is in 
active labor or delivery, and in no case may a pregnant woman be 
restrained in a face-down position with four-point restraints, on her 
back, or in a restraint belt that constricts the area of the pregnancy. 
A pregnant woman who is immobilized by restraints shall be positioned, 
to the maximum extent feasible, on her left side.
  (d) Recordkeeping.--If a pregnant woman is restrained pursuant to 
subsection (b), 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 woman.

                          TITLE III--OVERSIGHT

SEC. 301. GAO REPORT ON THE EXTENT OF CBP ACTIVITIES, OPERATIONS, AND 
                    CLAIMED AUTHORITY.

  Not later than one year after the date of the enactment of this 
subsection, 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 issues:
          (1) How far into the United States interior the current 
        activities, operations (including checkpoints), and claimed 
        authority of U.S. Customs and Border Protection extend.
          (2) The extent to which the area of activities, operations, 
        and claimed authority referred to in paragraph (1) is 
        necessary.
          (3) The effectiveness of U.S. Customs and Border Protection's 
        interior enforcement and its impact on civil, constitutional, 
        and private property rights.

SEC. 302. MIGRANT DEATHS REPORTING.

  (a) Immediate Reports.--Not later than 24 hours after a migrant 
death, 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 Senate.
  (b) Annual Report on Migrant Deaths.--Not later than 180 days after 
the date of the enactment of this Act and annually thereafter, the 
Commissioner of U.S. Customs and Border Protection and the Director of 
U.S. Immigration and Customs Enforcement shall jointly submit to the 
Comptroller General of the United States, 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 report on migrant deaths that occurred in the preceding 
year along the United States-Mexico border, including information on 
the following:
          (1) The total number of documented migrant deaths within the 
        preceding year of the report.
          (2) A geographical breakdown of where such migrant deaths 
        occur.
          (3) To the extent possible, the cause of death for each 
        migrant.
          (4) A detailed description of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement 
        programs or plans to reduce the number of migrant deaths along 
        the border, including an assessment on the effectiveness of 
        water supply sites and rescue beacons.
          (5) Criteria and methodology for collecting such data within 
        each sector.
  (c) GAO Report on Migrant Deaths.--Not later than one year after the 
submission of the first report required under subsection (a), the 
Comptroller General of the United States shall publish a review on the 
extent to which U.S. Customs and Border Protection and U.S. Immigration 
and Customs Enforcement have--
          (1) adopted measures, such as programs or plans, to reduce 
        migrants deaths;
          (2) the effectiveness of its efforts to reduce migrant 
        deaths; and
          (3) collected data and information sharing as well as 
        cooperation between U.S. Customs and Border Protection, U.S. 
        Immigration and Customs Enforcement, local and State law 
        enforcement, foreign diplomatic and consular posts, and 
        nongovernmental organizations to accurately identify deceased 
        individuals and notify family members and compare information 
        to missing persons registries.

SEC. 303. REVIEW OF THE USE OF FORCE.

  Not later than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall examine the extent 
to which U.S. Customs and Border Protection and U.S. Immigration and 
Customs Enforcement have trained their workforces regarding use of 
force policies, including the following (and any recommendations 
related to the following):
          (1) Implementation of new training to improve use of force 
        policies, including how the use of force policy conforms to 
        Department of Homeland Security and Federal law enforcement 
        best practices.
          (2) Identified additional or alternative weapons and 
        equipment to improve agents' and officers' abilities to de-
        escalate confrontations, including protective gear.
          (3) 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 justified.

SEC. 304. ACCOUNTABILITY AND TRANSPARENCY WITHIN THE BORDER ZONE.

  (a) Definitions.--In this section:
          (1) Border security.--The term ``border security'' means the 
        prevention of unlawful entries into the United States, 
        including entries by individuals, instruments of terrorism, 
        narcotics, and other contraband.
          (2) Border zone.--The term ``border zone'' means the 100-mile 
        of land from a United States international land and coastal 
        border into the interior of the United States, as established 
        by Federal regulation in 1953.
          (3) Checkpoint.--The term ``checkpoint'' means a location--
                  (A) 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 regulations; and
                  (B) that is not located at a port of entry along an 
                international border of the United States.
          (4) Law enforcement official.--The term ``law enforcement 
        official'' means--
                  (A) an agent or officer of U.S. Customs and Border 
                Protection;
                  (B) an agent or officer of U.S. Immigration and 
                Customs Enforcement; or
                  (C) an officer or employee of a State, or a political 
                subdivision of a State, who is carrying out the 
                functions of an immigration officer pursuant to--
                          (i) an agreement entered into under section 
                        287(g) of the Immigration and Nationality Act 
                        (8 U.S.C. 1357(g));
                          (ii) authorization under title IV of the 
                        Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
                          (iii) any other agreement with the Department 
                        of Homeland Security, including any Federal 
                        grant program.
          (5) Patrol stop.--The term ``patrol stop'' means search, 
        seizure, or interrogation of a motorist, passenger, or 
        pedestrian initiated anywhere except as part of an inspection 
        at a port of entry or a primary inspection at a checkpoint.
          (6) Primary inspection.--The term ``primary inspection'' 
        means an initial inspection of a vehicle or individual at a 
        checkpoint.
          (7) Secondary inspection.--The term ``secondary inspection'' 
        means a further inspection of a vehicle or individual that is 
        conducted following a primary inspection.
  (b) Data Collection by Law Enforcement Officials for Border Security 
and Immigration Enforcement Activities Within the Border Zone.--
          (1) 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 inquiry, such as a primary inspection at a 
        checkpoint, shall record the following:
                  (A) The date, time, and location of the contact.
                  (B) The law enforcement official's basis for, or 
                circumstances surrounding, the contact, including if 
                such individual's perceived race or ethnicity 
                contributed to the basis for, and circumstances 
                surrounding, the contact.
                  (C) The identifying characteristics of such 
                individual, including the individual's perceived race, 
                gender, ethnicity, and approximate age.
                  (D) The duration of the stop, detention, or search, 
                whether consent was requested and obtained for the 
                contact, including any search.
                  (E) 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 contact.
                  (F) A description of any items seized during such 
                search, including contraband or money, and a 
                specification of the type of search conducted.
                  (G) Whether any arrest, detention, warning, or 
                citation resulted from such contact and the basis for 
                such action.
                  (H) The immigration status of the individual, if 
                obtained during the ordinary course of the contact 
                without additional questioning in accordance with this 
                section, and whether removal proceedings were 
                subsequently initiated against the individual.
                  (I) If the contact involved an individual whose 
                primary language of communication is not English, the 
                means of communication used.
                  (J) If the contact occurred at a location proximate 
                to a place of worship or religious ceremony, school or 
                education-related place or event, courthouse or other 
                civic building providing services accessible to the 
                public, hospital, medical treatment, or health care 
                facility, at a public demonstration, or an attorney's 
                office, including a public defender or legal aid 
                office.
                  (K) If the contact occurred at a location described 
                in subparagraph (J), why that location was chosen and 
                any supervisory approval that was sought to carry out 
                the contact at the location.
          (2) GAO audit.--Not later than one year after the enactment 
        of this Act, the Comptroller General of the United States shall 
        conduct an audit of the data compiled under paragraph (1) 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 audit.
          (3) Open gao recommendations.--Not later than 180 days after 
        the date of enactment of this Act, the Commissioner of U.S. 
        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 
        communities. Within 180 days after the submission of the report 
        to the Committees, the Comptroller General shall issue a report 
        to the committees evaluating the Commissioner's plan to address 
        the open recommendations.
  (c) Annual Report.--
          (1) Requirement.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary of Homeland Security shall submit to Congress a 
        report on the data compiled under subsection (b)(1), including 
        all such data for the previous year.
          (2) Availability.--Each report submitted under paragraph (1) 
        shall be made available to the public, except for particular 
        data if the Secretary of Homeland Security--
                  (A) explicitly invokes an exemption contained in 
                paragraphs (1) through (9) of section 552(b) of title 
                5, United States Code; and
                  (B) provides a written explanation for the 
                exemption's applicability.
          (3) Privacy.--The Secretary of Homeland Security may not 
        report unique personal identifying information of persons 
        stopped, searched, or subjected to a property seizure, for 
        purposes of this section.
          (4) Publication.--The data compiled under subsection (b) 
        shall be made available to the public to the extent the release 
        of such data is permissible under Federal law.

SEC. 305. AUDIT AND INSPECTIONS OF DETENTION FACILITIES.

  (a) OIG and GAO.--The Inspector General of the Department of Homeland 
Security and the Comptroller General shall carry out regular audits and 
inspections, including unannounced audits and inspections, of processes 
(including recordkeeping) utilized by U.S. Customs and Border 
Protection to conduct intake and process individuals apprehended by 
U.S. Customs and Border Protection, 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 Security. 
The Inspector General and Comptroller General shall, to the extent 
possible, share information and coordinate to ensure that Congress is 
provided timely audit and inspection information.
  (b) Congressional Access.--
          (1) In general.--The Commissioner of U.S. Customs and Border 
        Protection may not--
                  (A) 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 entering, for the 
                purpose of conducting oversight, any such facility: and
                  (B) 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 
                employee, compared to what would be observed in the 
                absence of such modification.
          (2) 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 oversight.
          (3) Requirement.--With respect to individuals described in 
        paragraph (1), the Department of Homeland Security may require 
        that a request be made at least 24 hours in advance of an 
        intent to enter a facility.
  (c) Photographs.--The Inspector General of the Department of Homeland 
Security, Comptroller General, a Member of Congress, 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 
permission.

                          Purpose and Summary

    The purpose of H.R. 2203, the ``Homeland Security 
Improvement Act'' is to help alleviate the humanitarian crisis 
at the southern border by creating additional mechanisms to 
improve oversight, instituting new trainings, and putting an 
end to harmful U.S. Customs and Border Protection policies and 
practices which include family separation and metering.
    Under the Act, an independent Commission is established by 
Congress to conduct a thorough investigation of the Trump 
Administration's handling of migrant families and children, to 
include the conditions at Customs and Border Protection (CBP) 
and Immigration and Customs Enforcement (ICE) facilities. The 
Act also creates (1) an Ombudsman for Border and Immigration 
Related Concerns, who would be responsible for investigating 
and resolving complaints related to border security and 
immigration enforcement activities, and (2) a border community 
stakeholder advisory committee to provide recommendations to 
the Secretary with respect to border and immigration policies. 
This legislation further improves oversight by instituting 
several new public reporting requirements, including reports to 
Congress on ports of entry, migrant deaths in custody, use of 
force training, and CBP and ICE stops and searches. H.R. 2203 
also improves transparency by prohibiting the Department of 
Homeland Security (DHS) from barring Members of Congress or 
their staff from entering facilities holding migrant detainees 
and taking photographs of the conditions of those facilities. 
It also requires the Department to develop a plan for requiring 
the use of body-worn cameras by Border Patrol Agents and ICE 
Officers.
    The Act also mandates 20 weeks of training for new Border 
Patrol agents, CBP Officers, and ICE agents with 40 hours of 
training and continuing education annually thereafter that 
addresses community policing practices, use of force and de-
escalation tactics, and the history and ethics of asylum law.
    Critically, H.R. 2203 terminates facetious and harmful 
policies including the placing of physical restraints on 
pregnant and post-delivery women. It also bans the separation 
of children from their parents or legal guardian except under 
extremely limited circumstances. It also requires that the 
Homeland Security and Health and Human Services (HHS) 
Secretaries establish a tracking system interface so that any 
child who is separated under those limited circumstances will 
not be lost. Finally, the Act also puts an end to CBP's 
metering policy to regulate the flow of asylum seekers at ports 
of entry and limits detention in CBP facilities to 72 hours 
absent exigent circumstances.

                  Background and Need for Legislation

    The nation currently faces a humanitarian crisis at its 
southern border. It is a crisis in which children and families 
have been subjected to inhumane conditions, asylum seekers have 
been denied access to our nation's legal ports of entry, and 
thousands of children have been separated from family members.
    Recognizing that Americans need a full accounting for DHS' 
poor management of this humanitarian crisis, the Act creates an 
independent Commission, modeled after the National Commission 
on the Terrorist Attacks Upon the United States, to conduct a 
full investigation. Over the course of the last year, 
independent oversight bodies have called attention to the 
terrible conditions of confinement at CBP and ICE facilities. 
Most recently, the DHS Office of Inspector General (OIG) found 
that conditions at CBP facilities in the Rio Grande Valley were 
dangerously overcrowded, putting the health and safety of 
children, families and Border Patrol Agents at risk.\1\ 
Additional reports have found appalling conditions at ICE 
detention facilities. They have found moldy food and walls, 
nooses hanging in holding cells, and several other conditions 
threatening the health and safety of migrant detainees.\2\ A 
DHS OIG report also found that ICE's own inspection processes 
were not adequate to hold contractors accountable for failing 
to meet performance standards.\3\
---------------------------------------------------------------------------
    \1\DHS Office of Inspector General. Management Alert--DHS Needs to 
Address Dangerous Overcrowding and Prolonged Detention of Children and 
Adults in the Rio Grande Valley. OIG-19-51, July 2, 2019.
    \2\DHS Office of Inspector General. Issues Requiring Action at the 
Essex County Correctional Facility in Newark, New Jersey. OIG-19-20, 
February 13, 2019; Concerns about ICE Detainee Treatment and Care at 
Four Detention Facilities. OIG-19-47, June 3, 2019; Management Alert--
Issues Requiring Action at the Adelanto ICE Processing Center in 
Adelanto, California. OIG-18-86, September 27, 2018.
    \3\DHS Office of Inspector General. ICE Does Not Fully Use 
Contracting Tools to Hold Detention Facility Contractors Accountable 
for Failing to Meet Performance Standards. OIG-19-18, January 29, 2019.
---------------------------------------------------------------------------
    While these reports have been informative, they only 
provide a snapshot in time of the conditions at a limited 
number of facilities and do not answer major questions about 
decision-making that caused children and families to be held by 
DHS in unsafe and poor conditions. An independent Commission 
will shine greater light on the conditions at these facilities 
and assist Congress in determining what further action to take. 
Additional reporting requirements will do the same. The 
creation of an independent ombudsman for border and 
immigration-related concerns, furthermore, will help hold CBP 
and ICE accountable in providing a new outlet for complaints, 
and input into border policymaking from a newly-created border 
community stakeholder advisory committee would help ensure that 
perspectives of border communities inform policy.
    This Act seeks to put an end to several of the Department's 
most senseless and harmful policies to migrant families and 
children. First, it bars the practice of separating families 
except in limited circumstances and ensures that any separated 
families will remain linked in a newly-created tracked system. 
The Administration's Zero Tolerance family separation policy 
has caused lifelong harm to children. To date, according to the 
HHS OIG, the number of children separated from their families 
under that policy is still unknown and continues to grow 
(currently to more than 2,700).\4\ Even in just the three 
months following the end of Zero Tolerance, more than 100 
additional children were separated from their parents.\5\ Both 
the Government Accountability Office (GAO) and the DHS OIG 
found that once those children were separated from their 
parents, the Department was woefully unprepared to track, link, 
and reunite those families.\6\ Accordingly, a policy that 
limits this practice is necessary.
---------------------------------------------------------------------------
    \4\U.S. Department of Health and Human Services Office of Inspector 
General. Separated Children Placed in Office of Refugee Resettlement 
Care. OEI-BL-18-005111. January 2019.
    \5\Id.
    \6\Government Accountability Office. Unaccompanied Children: Agency 
Efforts to Reunify Children Separated from Parents at the Border. GAO-
19-163. October 24, 2018; DHS Office of Inspector General. Special 
Review--Initial Observations Regarding Family Separation Issues Under 
the Zero Tolerance Policy. OIG-18-84. September 27, 2018.
---------------------------------------------------------------------------
    Second, H.R. 2203 prohibits CBP from continuing the 
practice of metering to regulate the flow of asylum seekers at 
ports of entry. Reports suggest that this practice puts 
children and families in danger by pushing asylum seekers, who 
would otherwise seek legal entry into the United States, to 
cross the border illegally in more remote locations.\7\ Those 
who wait in Juarez, Mexico, one of the most dangerous cities in 
the world, are often living on the streets, as shelters are 
full and are at risk of assault, theft, kidnapping, and 
rape.\8\ In recognition of the need for additional capacity at 
ports of entry with the termination of metering, the Act 
increases the number of CBP Officers by 600 over the prior 
year. Importantly, together with this staffing increase, the 
measure proportionally increases (by 30 positions) staffing 
within the Office of Professional Responsibility to effectively 
address any misconduct issues.
---------------------------------------------------------------------------
    \7\OIG-18-84.
    \8\Nathan, Debbie, ``Trump's `Remain in Mexico' Policy Exposes 
Migrants to Rape, Kidnapping, and Murder in Dangerous Border Cities.'' 
The Intercept, July 14, 2019. https://theintercept.com/2019/07/14/
trump-remain-in-mexico-policy/; Joung, Madeleine, ``Do Not Travel Due 
to Crime and Kidnapping: Here's Where the U.S. is Sending Asylum 
Seekers.'' Time, July 11, 2019. https://time.com/5624551/remain-mexico-
asylum-doctors-borders/
---------------------------------------------------------------------------
    Third, as previously noted, CBP facilities at the border 
have become dangerously overcrowded. Codifying CBP's written 
policy of not holding migrants in short term detention for more 
than 72 hours absent exigent circumstances outside the 
Secretary's control is necessary to alleviate this safety 
hazard. To ensure appropriate care of children, families and 
other individuals in short-term custody, the Act directs DHS to 
enter into memoranda of agreement and contracts to procure the 
services of State-licensed, vetted, and qualified contractors 
with health care, public health, social work, and 
transportation professionals to care for migrant families and 
children within 60 days of enactment of this Act.

                                Hearings

    On March 6, 2019, the Committee held a hearing entitled 
``The Way Forward on Border Security.'' The Committee received 
testimony from Kirstjen Nielsen, Secretary of Homeland 
Security.
    On March 26, 2019 the Subcommittee on Border Security, 
Facilitation, and Operations held a hearing entitled ``The 
Department of Homeland Security's Family Separation Policy: 
Perspectives from the Border.'' The Subcommittee received 
testimony from Jennifer Podkul, Director of Policy, Kids in 
Need of Defense; Michelle Brane, Director for Migrant Rights 
and Justice, Women's Refugee Commission; Dr. Julie M. Lintion, 
Co-Chair, Immigrant Health Special Interest Group, American 
Academy of Pediatrics; Tim Ballard, Founder and CEO, Operation 
Underground Railroad.
    On April 30, 2019 the Subcommittee on Border Security, 
Facilitation, and Operations held a hearing entitled ``The 
Impacts of Trump Policies on Border Communities.'' The 
Subcommittee received testimony from Jon Barela, Chief 
Executive Officer, The Borderplex Alliance; Efren Olivares, 
Racial and Economic Justice Director, Texas Civil Rights 
Project; Mark Seitz, Most Reverend Bishop, Catholic Diocese of 
El Paso, Texas, U.S. Conference of Catholic Bishops; Mark 
Napier, Sheriff of Pima County, Southwestern Border Sheriff's 
Coalition.
    On May 9, 2019, the Subcommittee on Border Security, 
Facilitation, and Operations held a hearing entitled ``A Review 
of the FY 2020 Budget Request for U.S. Customs and Border 
Protection, U.S. Immigration and Customs Enforcement, and U.S. 
Citizenship and Immigration Services.'' The Subcommittee 
received testimony from Robert E. Perez, Deputy Commissioner, 
U.S. Customs and Border Protection; Matthew T. Albence, Acting 
Director, U.S. Immigration and Customs Enforcement; Tracy 
Renaud, Acting Deputy Director, U.S. Citizenship and 
Immigration Services.
    On May 22, 2019, the Committee held a hearing entitled ``A 
Review of the Fiscal Year 2020 Budget Request for the 
Department of Homeland Security.'' The Committee received 
testimony from Kevin K. McAleenan, Acting Secretary of Homeland 
Security.
    On June 20, 2019, the Subcommittee on Border Security, 
Facilitation, and Operations held a hearing entitled 
``Examining the Department of Defense's Deployment to the U.S.-
Mexico Border.'' The Subcommittee received testimony from Carlo 
Provost, Chief, U.S. Border Patrol, U.S. Customs and Border 
Protection, Department of Homeland Security; Robert Salesses, 
Deputy Assistant Secretary of Defense for Homeland Defense 
Integration and Defense Support of Civil Authorities, Office of 
the Under Secretary of Defense for Policy, Department of 
Defense; Major General Michael T. McGuire, Adjutant General for 
Arizona, Director, Arizona Department of Emergency and Military 
Affairs.

                        Committee Consideration

    The Committee met on July 17, 2019, with a quorum being 
present, to consider H.R. 2203 and ordered the measure to be 
reported to the House with a favorable recommendation, with 
amendment, by a recorded vote of 16 yeas and 13 nays.
    The following amendments were offered:
    An amendment in the nature of a substitute offered by Mr. 
Thompson was AGREED TO by a recorded vote of 16 yeas and 12 
nays (Roll call Vote No. 9).
    An amendment to the amendment in the nature of a substitute 
offered by Mrs. Lesko was NOT AGREED TO by a recorded vote of 
11 yeas and 16 nays (Roll call Vote No. 5).

          On page 48, after line 5 insert the following new 
        paragraphs:
          ``(4) Impact of U.S. Customs and Border Protection 
        rescue operations on migrant deaths.
          ``(5) Impact of Department of Defense support 
        operations on improving availability and response times 
        of U.S. Customs and Border Protection officers on the 
        border.'';
          At the end of title II, insert the following new 
        section:
          ``Sec. 212 Penalty for Child Smuggling.--Any alien 
        interdicted by U.S. Border Patrol between ports of 
        entry who falsely claims that a child brought to the 
        United States is such alien's biological child or under 
        the alien's legal guardianship, shall be fined not more 
        than $10,000. The Secretary may use rapid DNA testing 
        or other appropriate methods to expeditiously verify 
        relationships.''; and Strike Section 205.

    An amendment to the amendment in the nature of a substitute 
offered by Mr. Joyce was NOT AGREED TO by a recorded vote of 11 
yeas and 16 nays (Roll call Vote No. 6).

    Strike Title I.

    An amendment to the amendment in the nature of a substitute 
offered by Mr. Higgins was NOT AGREED TO by a recorded vote of 
11 yeas and 16 nays (Roll call Vote No. 7).
          On page 19, after line 19 insert the following new 
        subsection ``(f) The filing of a complaint under this 
        section shall not confer immunity in any removal or 
        criminal proceeding against a complainant.'';
          On page 23, line 10 insert ``border security,'' after 
        ``law,'';
          On page 46, after line 3 insert the following new 
        paragraphs:
          ``(4) the impact of transnational criminal 
        organizations conducting mass human smuggling 
        operations designed to exploit US immigration laws.'';
          Strike Section 206;
          Strike Section 208; and
          Strike Section 304.
    An amendment to the amendment in the nature of a substitute 
offered by Mr. Green was NOT AGREED TO by a recorded vote of 12 
yeas and 16 nays (Roll call Vote No. 8).
          Strike Section 201;
          Page 19, insert ``and shall keep confidential and 
        protect from public release the personally identifiable 
        information of any U.S. Department of Homeland Security 
        officers or employees, contractors, subcontractors, or 
        cooperating entity personnel included in a complaint'';
          Page 28, after line 24 insert the following new 
        paragraph:
          ``(4) Managing officer and workforce wellness during 
        migrant surges.''; Page 30, after line 16 insert the 
        following new subparagraphs:
          ``(D) Innovations in border security technology, 
        including biometric capabilities and advanced sensors, 
        that improve agent effectiveness and apprehension 
        rates.
          (E ) Advanced self-defense techniques.''; and
          On page 47, after line 12 insert the following new 
        paragraph:
          ``(6) The extent to which natural barriers, border 
        terrain, smuggler abuse, duration of migrant travel, 
        and migrant health conditions on arrival in the United 
        States have contributed to such migrant deaths.''.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee on Homeland Security considered H.R. 2203 on 
July 17, 2019 and took the following votes:
    Ordering to be reported to the House with a favorable 
recommendation

                               Roll No. 10
------------------------------------------------------------------------
                   Yeas                                 Nays
------------------------------------------------------------------------
Mr. Thompson of Mississippi...............  Mr. Rogers of Alabama
Mr. Langevin..............................  Mr. King of New York
Mr. Richmond..............................  Mr. McCaul
Mr. Payne.................................  Mr. Katko
Miss Rice.................................  Mr. Ratcliffe
Mr. Correa................................  Mr. Walker
Ms. Torres Small of New Mexico............  Mr. Higgins of Louisiana
Mr. Rose of New York......................  Mrs. Lesko
Ms. Underwood.............................  Mr. Green of Tennessee
Ms. Slotkin...............................  Mr. Taylor
Mr. Green of Texas........................  Mr. Crenshaw
Ms. Clarke of New York....................  Mr. Guest
Ms. Titus.................................
Mrs. Watson Coleman.......................
Ms. Barragan..............................
Mrs. Demings..............................
    Total    16                                 13
------------------------------------------------------------------------

    An amendment in the nature of a substitute offered by Mr. 
Thompson

                               Roll No. 9
------------------------------------------------------------------------
                   Yeas                                 Nays
------------------------------------------------------------------------
Mr. Thompson of Mississippi...............  Mr. Rogers of Alabama
Mr. Langevin..............................  Mr. King of New York
Mr. Richmond..............................  Mr. Katko
Mr. Payne.................................  Mr. Ratcliffe
Miss Rice.................................  Mr. Walker
Mr. Correa................................  Mr. Higgins of Louisiana
Ms. Torres Small of New Mexico............  Mrs. Lesko
Mr. Rose of New York......................  Mr. Green of Tennessee
Ms. Underwood.............................  Mr. Joyce
Ms. Slotkin...............................  Mr. Taylor
Mr. Green of Texas........................  Mr. Crenshaw
Ms. Clarke of New York....................  Mr. Guest
Ms. Titus.................................
Mrs. Watson Coleman.......................
Ms. Barragan..............................
Mrs. Demings..............................
    Total    16                                 12
------------------------------------------------------------------------

    An amendment to the amendment in the nature of a substitute 
offered by Mrs. Lesko

                               Roll No. 5
------------------------------------------------------------------------
                   Yeas                                 Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama.....................  Mr. Thompson of Mississippi
Mr. King of New York......................  Ms. Jackson Lee
Mr. Katko.................................  Mr. Langevin
Mr. Walker................................  Mr. Payne
Mr. Higgins of Louisiana..................  Miss Rice
Mrs. Lesko................................  Mr. Correa
Mr. Green of Tennessee....................  Ms. Torres Small of New
                                             Mexico
Mr. Taylor................................  Mr. Rose of New York
Mr. Joyce.................................  Ms. Underwood
Mr. Crenshaw..............................  Ms. Slotkin
Mr. Guest.................................  Mr. Green of Texas
                                            Ms. Clarke of New York
                                            Ms. Titus
                                            Mrs. Watson Coleman
                                            Ms. Barragan
                                            Mrs. Demings
    Total    11                                 16
------------------------------------------------------------------------

    An amendment to the amendment in the nature of a substitute 
offered by Mr. Joyce

                               Roll No. 6
------------------------------------------------------------------------
                   Yeas                                 Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama.....................  Mr. Thompson of Mississippi
Mr. King of New York......................  Ms. Jackson Lee
Mr. Katko.................................  Mr. Langevin
Mr. Walker................................  Mr. Payne
Mr. Higgins of Louisiana..................  Miss Rice
Mrs. Lesko................................  Mr. Correa
Mr. Green of Tennessee....................  Ms. Torres Small of New
                                             Mexico
Mr. Taylor................................  Mr. Rose of New York
Mr. Joyce.................................  Ms. Underwood
Mr. Crenshaw..............................  Ms. Slotkin
Mr. Guest.................................  Mr. Green of Texas
                                            Ms. Clarke of New York
                                            Ms. Titus
                                            Mrs. Watson Coleman
                                            Ms. Barragan
                                            Mrs. Demings
    Total    11                                 16
------------------------------------------------------------------------

    An amendment to the amendment in the nature of a substitute 
offered by Mr. Higgins

                               Roll No. 7
------------------------------------------------------------------------
                   Yeas                                 Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama.....................  Mr. Thompson of Mississippi
Mr. King of New York......................  Ms. Jackson Lee
Mr. Katko.................................  Mr. Langevin
Mr. Walker................................  Mr. Payne
Mr. Higgins of Louisiana..................  Miss Rice
Mrs. Lesko................................  Mr. Correa
Mr. Green of Tennessee....................  Ms. Torres Small of New
                                             Mexico
Mr. Taylor................................  Mr. Rose of New York
Mr. Joyce.................................  Ms. Underwood
Mr. Crenshaw..............................  Ms. Slotkin
Mr. Guest.................................  Mr. Green of Texas
                                            Ms. Clarke of New York
                                            Ms. Titus
                                            Mrs. Watson Coleman
                                            Ms. Barragan
                                            Mrs. Demings
    Total    11                                 16
------------------------------------------------------------------------

    An amendment to the amendment in the nature of a substitute 
offered by Mr. Green of Tennessee

                               Roll No. 8
------------------------------------------------------------------------
                   Yeas                                 Nays
------------------------------------------------------------------------
Mr. Rogers of Alabama.....................   Mr. Thompson of Mississippi
Mr. King of New York......................  Mr. Langevin
Mr. Katko.................................  Mr. Richmond
Mr. Ratcliffe.............................  Mr. Payne
Mr. Walker................................  Miss Rice
Mr. Higgins of Louisiana..................  Mr. Correa
Mrs. Lesko................................  Ms. Torres Small of New
                                             Mexico
Mr. Green of Tennessee....................  Mr. Rose of New York
Mr. Taylor................................  Ms. Underwood
Mr. Joyce.................................  Ms. Slotkin
Mr. Crenshaw..............................  Mr. Green of Texas
Mr. Guest.................................  Ms. Clarke of New York
                                            Ms. Titus
                                            Mrs. Watson Coleman
                                            Ms. Barragan
                                            Mrs. Demings
    Total    12                                 16
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3256 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    The goals and objectives of H.R. 2203 include helping to 
alleviate the humanitarian crisis at the southern border, 
improve oversight of the Department of Homeland Security's 
border security and immigration operations, authorize an 
independent investigation of the handling of children and 
migrant families by the Trump Administration, institute new 
trainings, and put an end to harmful policies, like family 
separation, metering, and the Remain in Mexico Protocol.

                          Advisory on Earmarks

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Homeland Security Improvement Act''.

   Title I--National Commission To Investigate the Treatment of the 
       Migrant Families and Children by the Trump Administration


Sec. 101. Establishment of Commission

    This section requires the establishment of ``The National 
Commission to Investigate the Treatment of Migrant Families and 
Children By the Trump Administration'' in the legislative 
branch.

Sec. 102. Purposes

    The purposes of the Commission are to (1) examine the 
handling of migrant families and children by CBP that were 
apprehended since 2017; (2) ascertain, evaluate, and report on 
the evidence developed by other governmental agencies regarding 
the facts and circumstances surrounding the handling by of 
migrant families and children by HHS and DHS; (3) build upon 
the investigations of other entities, such as the Office of 
Inspector General, among other things; (4) make a full and 
complete accounting of the handling of migrant families and 
children; and (5) report to the President and Congress on 
findings, conclusions, and recommendations for corrective 
measures.

Sec. 103. Composition of Commission; qualifications

    This section requires that the Commission be made of up 10 
members that will be appointed by senior leadership in the 
House of Representatives and Senate.
    The Commission shall be comprised of individuals with 
expertise and experience in the fields of immigration law, 
public health, child welfare, civil rights, a local 
representative of a humanitarian organization, and a local 
official from a southern border community.

Sec. 104. Functions of Commission

    The functions of the Commission are to: (1) investigate 
relevant facts and circumstances relating to the handling of 
the migrant families and children apprehended on the southern 
border, (2) identify, review and evaluate lessons learned from 
the handling of migrants, and (3) submit reports with findings, 
conclusions and recommendations to the President and Congress.

Sec. 105. Powers of Commission

    The Commission may hold hearings and require by subpoena 
testimony and document productions. A subpoena may be issued by 
agreement of the chairman and vice chairman or the affirmative 
vote of 6 members of the Commission. Enforcement actions 
include contempt of court, among others.
    This section also allows that departments and agencies may 
provide to the Commission services, funds, facilities, staff, 
and other support services.

Sec. 106. Public meetings and release of public version of reports

    This section requires that the Commission shall hold public 
hearings, meetings, and release public versions of the report 
submitted to the President and Congress.

Section 107. Staff of Commission

    This section allows the Commission to compensate a staff 
director and other personnel to carry out the Commission's 
functions. Additionally, any Federal Government employee may be 
detailed to the Commission without reimbursement from the 
Commission. Further, the Commission is also authorized to 
procure the services of experts and consultants in accordance 
with section 3109 of title 5, United States Code.

Sec. 108. Compensation and travel expenses

    Each member of the Commission may be compensated for each 
day during which that member is engaged in the performance of 
duties of the Commission.

Sec. 109. Security clearances for Commission members and staff

    This section requires that the appropriate federal agencies 
cooperate with the Commission to expeditiously provide members 
and staff security clearances.

Sec. 110. Reports of Commission; termination

    This section provides that the Commission may submit to the 
President and Congress interim reports containing findings, 
conclusions, and recommendations for corrective measures agreed 
upon by the Commission members.
    Not later than 18 months after the date of the enactment of 
the Act, the Commission shall submit to the President and 
Congress a final report containing findings, conclusions, and 
recommendations for corrective measures agreed to by the 
Commission.
    This section also requires that after 60 days of report 
issuance, the Commission shall terminate.

Sec. 111. Funding

    This section authorizes $3 million for purposes of carrying 
out the Commission.

Title II--Ombudsman, Border Community Liaisons, Training and Management


Sec. 201. Establishment of the office of Ombudsman for Border and 
        Immigration Related Concerns

    This section amends the Homeland Security Act of 2002 to 
require--
          (a) the Secretary of Homeland Security appoint an 
        Ombudsman for Border and Immigration Related Concerns 
        who will be independent of Department agencies, 
        officers; report directly to the Secretary; and have a 
        background in immigration, civil rights, and law 
        enforcement.
          (b) the Ombudsman to establish an independent, 
        neutral, and confidential process to receive, 
        investigate, resolve and provide redress for 
        complaints, grievances, or requests for assistance 
        regarding DHS border security activities; and make 
        recommendations to the Secretary to address chronic 
        concerns in border security and enforcement activities.
          (c) the Secretary to submit a report prepared by the 
        Ombudsman to the Homeland Security and Judiciary 
        Committees in the House and Senate on (1) the number of 
        complaints received in the period, with additional 
        information such as whether the complaint was made 
        against CBP or ICE personnel; (2) the number of 
        investigations commenced, carried out; and (3) the 
        number of complaints resolved in the period.
          (d) that no later than 30 days after receiving the 
        report from the Ombudsman, the Secretary shall publish 
        the report on DHS's website.

Sec. 202. Establishment of border community stakeholder advisory 
        committee

    This section amends the Homeland Security Act of 2002 to 
require--
          (a) the Secretary of Homeland Security establish a 
        border community stakeholder advisory committee within 
        the Department;
          (b) the Secretary to consult with the Advisory 
        Committee on border security and immigration 
        enforcement matters; the Committee to develop 
        recommendations regarding policies, protocols, programs 
        and rulemaking pertaining to border security and 
        immigration enforcement that may impact border 
        communities; and the Advisory Committee shall submit to 
        the Secretary an annual report on the activities, 
        findings and recommendations of the Committee; and
          (c) not later than 90 days after enactment that the 
        Secretary appoint members of the Advisory Committee. 
        Membership shall consist of a border community 
        stakeholder from each of the nine Border Patrol sectors 
        and three individuals with experience in immigration 
        law, civil rights and civil liberties. Each member 
        shall serve two years, may be reappointed, and may be 
        removed for cause.
    The committee is not subject to the Federal Advisory 
Committee Act (5 U.S.C. App.) and ``border community 
stakeholder'' is defined as any individual that has ownership 
interests or resides on the land borders of the United States 
that has not taken a position on the Administration's border 
security and immigration enforcement actions.

Sec. 203. Training and continuing education

    This section requires that the Secretary of Homeland 
Security establish policies and guidelines to ensure that 
agents and officers of CBP and ICE receive 20 weeks of training 
related to the mission and 40 hours of training and continuing 
education annually thereafter.
    This section also requires that the Secretary establish 
policies and guidelines governing the training and continuing 
education of CBP and ICE agents and officers regarding 
accountability, ethical conduct, and oversight. The training 
shall address: 1) community relations, including best practices 
in community policing and carrying out enforcement actions near 
sensitive locations; 2) limiting location of enforcement and 
cooperation with local law enforcement; 3) interaction with 
vulnerable populations; and 4) standards of professional 
conduct.
    Not later than three years after the date of the enactment 
of this Act, the Comptroller General of the United States shall 
submit to the 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 
education, including continuing education, required under this 
section as well as its implementation.

Sec. 204. Body-worn cameras

    This section requires that no later than 60 days after the 
enactment of the Act, the Secretary of Homeland Security submit 
a plan 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 
for requiring the use of body worn cameras by Border Patrol 
agents and ICE officers when engaged in border security or 
immigration enforcement activities.
    The section also requires that the plan include (1) 
benchmarks for implementation; (2) policies, procedures and 
training; and (3) mechanisms for enforcement of body-worn 
camera policies.

Sec. 205. Limitation on the separation of families

    This section prohibits the separation of child from a 
parent, legal guardian, or family member, at or near the port 
of entry or within 100 miles of a border of the United States 
unless (1) a State court or (2) a State or county welfare 
agency determines that it is in the best interests of the 
child.
    This section provides a penalty of $10,000 to anyone who 
knowingly separates a child from his or her parent, legal 
guardian, or family member.

Sec. 206. Prohibition on exceeding 72 hours in short term detention

    This section requires the Secretary of Homeland Security 
ensure that each individual apprehended by CBP is released, 
paroled or transferred to an appropriate facility no later than 
72 hours after an apprehension except for exigent 
circumstances, such as a natural disaster. The Secretary is 
required to inform 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 within 3 days of determining exigent circumstances exist 
and provide information on when any impacted individuals will 
be released, paroled, or transferred.

Sec. 207. Electronic tracking

    This section requires the DHS and HHS Secretaries to 
establish an electronic tracking system that is accessible to 
CBP, ICE and ORR agents and officials; and shall be used to 
track the location of a child who has been removed from their 
parent or legal guardian.
    This section also requires that each separated child shall 
receive a tracking number that is transferrable and can be 
easily shared.

Sec. 208. Preventing implementation of anti-asylum access interim final 
        Rule; termination of remain in Mexico protocol and metering 
        policy

    This section requires that the interim final rule published 
in the Federal Register on July 16, 2019 restricting 
eligibility for aliens seeking asylum not be implemented, 
enforced or otherwise carried out.
    This section requires that no later than 30 days after 
enactment of the Act, the Migrant Protection Protocols 
announced on December 20, 2018 and CBP's metering policy are to 
be terminated.
    For purposes of increasing processing capacity at ports of 
entry, this section requires that every fiscal year, CBP hire, 
train, and assign at least 600 new officers above the prior 
fiscal year level until the total number of officers equals the 
requirements identified in the agency's Workload Staffing 
Model. In developing the Workload Staffing Model, CBO is to 
rely on data collected regarding inspections and other 
activities conducted at each port of entry and take into 
consideration increases in volume associated with individuals 
from El Salvador, Guatemala, and Honduras seeking asylum and 
seasonal surges.
    This section requires that every fiscal year CBP hire, 
train and assign 30 new investigators to the Office of 
Professional Responsibility to fulfill its mission of 
investigating any misconduct within the CBP workforce.

Sec. 209. Surge support for care of families and unaccompanied children

    This section requires that no later than 60 days after 
enactment of the Act, the Secretary of Homeland Security enter 
into a memoranda of understanding with appropriate Federal 
agencies and applicable government relief services; and 
contracts with state-licensed, vetted, and qualified 
contractors for providing care for individuals apprehended on 
the southern border since 2017.
    This section requires that the Secretary ensure that the 
memoranda of understanding and contracts ensures core capacity 
within DHS to provide adequate care for individuals in short-
term detention that includes physicians and nurses, among 
others.
    CBP is authorized to hire and train a processing 
coordinator to operate within Border Patrol stations to 
facilitate the memoranda of understanding, perform 
administrative tasks, transport individuals in custody, and 
perform custodial watch duties of individuals in custody who 
have been admitted to a hospital.
    This section requires that beginning 90 days after 
enactment of the Act, the Secretary submit a monthly report to 
appropriate congressional committees on the memoranda of 
understanding and contracts to include information on 
deployment of the physicians and nurse practitioner specialists 
with each border sector.

Sec. 210. Port of entry temporary duty assignments

    This section requires that not later than 60 days after 
enactment of the Act, CBP issue a report to the appropriate 
congressional committees on the number of temporary duty 
assignments of CBP officers and support personnel from a port 
of entry to a temporary duty assignment in response to the 
Northern Triangle Migrant Surge.
    This section requires that no later than 10 days before 
redeploying employees from one port of entry to another, the 
CBP Commissioner shall notify impacted facilities of the 
intended redeployments. It also requires that the CBP 
Commissioner brief all affected CBP employees regarding plans 
to mitigate vulnerabilities created by any planned staffing 
reductions at ports of entry.

Sec. 211. Prohibition on physical restraints for women who are pregnant 
        or post delivery

    This section requires that no CBP or ICE officer or agent 
place physical restraints on a woman in custody of DHS who is 
pregnant or in post-delivery recuperation. Except if (1) a 
supervisory official determines that the woman is a serious 
flight risk or poses threat to harm herself or others; or (2) a 
medical professional determines that the use of therapeutic 
restrains is necessary for the medical safety of the woman.
    This section requires that if a pregnant woman is 
restrained, only the safest and least restrictive restraints 
may be used. Restraints may not be used on a woman who is in 
labor or delivery nor may the restraints result in the woman 
being face-down, on her back, or restrained so that the belt 
constricts the area of the pregnancy.
    This section requires that if a woman is restrained, the 
supervisory official shall document in the Departmental records 
the basis for the restraints.

                          Title III--Oversight


Sec. 301. GAO report on the extent of CBP activities, operations, and 
        claimed authority

    This section requires that not later than one year after 
the date of enactment, the Comptroller General shall submit a 
report 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 
that assesses (1) how far into the U.S. interior the current 
activities, operations, and claimed authority of CBP extend; 
(2) the extent that this claimed authority is necessary; and 
(3) the effectiveness of CBP's interior enforcement and its 
impact on civil, constitutional, and private property rights.

Sec. 302. Migrant deaths reporting

    This section requires that not later than 24 hours after a 
migrant death, the Secretary of Homeland Security report a 
migrant 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 
Senate.
    It also requires that no later than 180 days after the date 
of the enactment of the Act, the Commissioner of CBP and the 
Director of ICE jointly submit to the Comptroller General and 
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 report on 
migrant deaths including information on (1) the total number of 
migrant deaths; (2) a geographical breakdown of where such 
deaths occur; (3) to the extent possible, the cause of death; 
and (4) a detailed description of programs or plans to reduce 
the number of deaths along the border.
    This section requires that not later than one year after 
the submission of the first migrant death report, the 
Comptroller General publish a review on the extent to which ICE 
and CBP have (1) adopted measures to reduce migrant deaths; (2) 
the effectiveness of its efforts to reduce migrant deaths; (3) 
collected data and information sharing as well as cooperation 
between CBP, ICE, and local and State law enforcement, among 
others, to identify deceased individuals and notify family 
members.

Sec. 303. Review of the use of force

    This section requires that not later than one year after 
the date of enactment of the Act, the Comptroller General 
examine the extent to which ICE and CBP have trained their 
workforces regarding use of force policies, including (1) 
implementation of new training to improve use of force 
policies; (2) identified additional or alternative weapons and 
equipment to improve de-escalation confrontation; and (3) 
established metrics to track the effectiveness of use of force 
training to ensure all incidents of use of force was justified.

Sec. 304. Accountability and transparency within the border zone

    This section requires that that a law enforcement official 
who initiates a patrol stop or who detains any individual 
beyond a brief or limited inquiry record the following: (1) the 
date, time, and location of the contact; (2) the official's 
basis for the contact; (3) the identifying characteristics of 
the individual; (4) the duration of the stop; (5) a description 
of articulable facts or behavior that justify initiating the 
contact; (6) a description of any items seized; (7) whether any 
arrest, detention, warning, or citation resulted; (8) the 
immigration status of the individual; (9) the means of 
communication used if the individual's primary language is not 
English; and (10) if the contact occurred at a location 
proximate to a place of worship, school, or courthouse, among 
others; and (11) why that location was chosen.
    This section requires that not later than one year after 
the enactment of the Act, the Comptroller General conduct an 
audit of the data compiled and submit a report to Congress to 
determine whether law enforcement officials are complying with 
the patrol stop data collection requirements.
    This section requires that not later than 180 days after 
the enactment of the Act, the CBP Commissioner submit to the 
Committee on Homeland Security and the Committee on Homeland 
Security and Governmental Affairs of the Senate a plan to 
address open recommendations made by the Comptroller General on 
checkpoint performance and the impact of checkpoint operations 
on nearby communities. Within 180 days after the submission of 
the report to the Committees, the Comptroller General shall 
issue a report to the Committees evaluating the Commissioner's 
plan to address the open recommendations.
    This section requires that not later than on year after the 
date of the enactment of the Act, the Secretary of Homeland 
Security submit a report to Congress on the data compiled under 
this section. The report shall be made available to the public 
except if the Secretary (1) invokes an exemption in 552(b) of 
title 5, United States Code; and (2) provides a written 
explanation.

Sec. 305. Audit and inspections of detention facilities

    This section requires that the DHS Inspector General and 
the Comptroller General carry out regular audits and 
inspections, including unannounced audits and inspections of 
apprehension processes and facilities operated to detain or 
otherwise house individuals in custody of DHS.
    This section requires that the Commissioner of CBP may not 
(1) prevent a Member of Congress or an employee of the House or 
Senate from entering a facility for the purposes of conducting 
oversight.
    This section requires that the DHS Inspector General, 
Comptroller General, Member of Congress, or employee of the 
House or Senate be authorized to take photographs, video, or 
audio recordings of conditions in a facility but may not 
publish those without permission if there is personally 
identifiable information.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

         TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
[435. Maritime operations coordination plan.
[436. Maritime security capabilities assessments.]
Sec. 435. Maritime operations coordination plan.
Sec. 436. Maritime security capabilities assessments.
Sec. 437.Establishment of the Office of Ombudsman for Border and 
          Immigration Related Concerns.
Sec. 438. Establishment of Border Community Stakeholder Advisory 
          Committee.

           *       *       *       *       *       *       *


TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


             Subtitle B--U.S. Customs and Border Protection

SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; 
                    COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL 
                    OFFICES.

  (a) In General.--There is established in the Department an 
agency to be known as U.S. Customs and Border Protection.
  (b) Commissioner of U.S. Customs and Border Protection.--
          (1) In general.--There shall be at the head of U.S. 
        Customs and Border Protection a Commissioner of U.S. 
        Customs and Border Protection (in this section referred 
        to as the ``Commissioner'').
          (2) Committee referral.--As an exercise of the 
        rulemaking power of the Senate, any nomination for the 
        Commissioner submitted to the Senate for confirmation, 
        and referred to a committee, shall be referred to the 
        Committee on Finance.
  (c) Duties.--The Commissioner shall--
          (1) coordinate and integrate the security, trade 
        facilitation, and trade enforcement functions of U.S. 
        Customs and Border Protection;
          (2) ensure the interdiction of persons and goods 
        illegally entering or exiting the United States;
          (3) facilitate and expedite the flow of legitimate 
        travelers and trade;
          (4) direct and administer the commercial operations 
        of U.S. Customs and Border Protection, and the 
        enforcement of the customs and trade laws of the United 
        States;
          (5) detect, respond to, and interdict terrorists, 
        drug smugglers and traffickers, human smugglers and 
        traffickers, and other persons who may undermine the 
        security of the United States, in cases in which such 
        persons are entering, or have recently entered, the 
        United States;
          (6) safeguard the borders of the United States to 
        protect against the entry of dangerous goods;
          (7) ensure the overall economic security of the 
        United States is not diminished by efforts, activities, 
        and programs aimed at securing the homeland;
          (8) in coordination with U.S. Immigration and Customs 
        Enforcement and United States Citizenship and 
        Immigration Services, enforce and administer all 
        immigration laws, as such term is defined in paragraph 
        (17) of section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)), including--
                  (A) the inspection, processing, and admission 
                of persons who seek to enter or depart the 
                United States; and
                  (B) the detection, interdiction, removal, 
                departure from the United States, short-term 
                detention, and transfer of persons unlawfully 
                entering, or who have recently unlawfully 
                entered, the United States;
          (9) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, 
        identifying, and prioritizing of passengers and cargo 
        across all international modes of transportation, both 
        inbound and outbound;
          (10) in coordination with the Secretary, deploy 
        technology to collect the data necessary for the 
        Secretary to administer the biometric entry and exit 
        data system pursuant to section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
          (11) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in 
        section 421;
          (12) in coordination with the Under Secretary for 
        Management of the Department, ensure U.S. Customs and 
        Border Protection complies with Federal law, the 
        Federal Acquisition Regulation, and the Department's 
        acquisition management directives for major acquisition 
        programs of U.S. Customs and Border Protection;
          (13) ensure that the policies and regulations of U.S. 
        Customs and Border Protection are consistent with the 
        obligations of the United States pursuant to 
        international agreements;
          (14) enforce and administer--
                  (A) the Container Security Initiative program 
                under section 205 of the Security and 
                Accountability for Every Port Act of 2006 (6 
                U.S.C. 945); and
                  (B) the Customs-Trade Partnership Against 
                Terrorism program under subtitle B of title II 
                of such Act (6 U.S.C. 961 et seq.);
          (15) conduct polygraph examinations in accordance 
        with section 3(1) of the Anti-Border Corruption Act of 
        2010 (Public Law 111-376; 124 Stat. 4105);
          (16) establish the standard operating procedures 
        described in subsection (k);
          (17) carry out the training required under subsection 
        (l);
          (18) carry out section 418, relating to the issuance 
        of Asia-Pacific Economic Cooperation Business Travel 
        Cards; and
          (19) carry out other duties and powers prescribed by 
        law or delegated by the Secretary.
  (d) Deputy Commissioner.--There shall be in U.S. Customs and 
Border Protection a Deputy Commissioner who shall assist the 
Commissioner in the management of U.S. Customs and Border 
Protection.
  (e) U.S. Border Patrol.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection the U.S. Border Patrol.
          (2) Chief.--There shall be at the head of the U.S. 
        Border Patrol a Chief, who shall--
                  (A) be at the level of Executive Assistant 
                Commissioner within U.S. Customs and Border 
                Protection; and
                  (B) report to the Commissioner.
          (3) Duties.--The U.S. Border Patrol shall--
                  (A) serve as the law enforcement office of 
                U.S. Customs and Border Protection with primary 
                responsibility for interdicting persons 
                attempting to illegally enter or exit the 
                United States or goods being illegally imported 
                into or exported from the United States at a 
                place other than a designated port of entry;
                  (B) deter and prevent the illegal entry of 
                terrorists, terrorist weapons, persons, and 
                contraband; and
                  (C) carry out other duties and powers 
                prescribed by the Commissioner.
  (f) Air and Marine Operations.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an office known as Air and Marine 
        Operations.
          (2) Executive assistant commissioner.--There shall be 
        at the head of Air and Marine Operations an Executive 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--Air and Marine Operations shall--
                  (A) serve as the law enforcement office 
                within U.S. Customs and Border Protection with 
                primary responsibility to detect, interdict, 
                and prevent acts of terrorism and the unlawful 
                movement of people, illicit drugs, and other 
                contraband across the borders of the United 
                States in the air and maritime environment;
                  (B) conduct joint aviation and marine 
                operations with U.S. Immigration and Customs 
                Enforcement;
                  (C) conduct aviation and marine operations 
                with international, Federal, State, and local 
                law enforcement agencies, as appropriate;
                  (D) administer the Air and Marine Operations 
                Center established under paragraph (4); and
                  (E) carry out other duties and powers 
                prescribed by the Commissioner.
          (4) Air and marine operations center.--
                  (A) In general.--There is established in Air 
                and Marine Operations an Air and Marine 
                Operations Center.
                  (B) Executive director.--There shall be at 
                the head of the Air and Marine Operations 
                Center an Executive Director, who shall report 
                to the Executive Assistant Commissioner of Air 
                and Marine Operations.
                  (C) Duties.--The Air and Marine Operations 
                Center shall--
                          (i) manage the air and maritime 
                        domain awareness of the Department, as 
                        directed by the Secretary;
                          (ii) monitor and coordinate the 
                        airspace for unmanned aerial systems 
                        operations of Air and Marine Operations 
                        in U.S. Customs and Border Protection;
                          (iii) detect, identify, and 
                        coordinate a response to threats to 
                        national security in the air domain, in 
                        coordination with other appropriate 
                        agencies, as determined by the 
                        Executive Assistant Commissioner;
                          (iv) provide aviation and marine 
                        support to other Federal, State, 
                        tribal, and local agencies; and
                          (v) carry out other duties and powers 
                        prescribed by the Executive Assistant 
                        Commissioner.
  (g) Office of Field Operations.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Field Operations.
          (2) Executive assistant commissioner.--There shall be 
        at the head of the Office of Field Operations an 
        Executive Assistant Commissioner, who shall report to 
        the Commissioner.
          (3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of U.S. Customs 
        and Border Protection at United States air, land, and 
        sea ports of entry to--
                  (A) deter and prevent terrorists and 
                terrorist weapons from entering the United 
                States at such ports of entry;
                  (B) conduct inspections at such ports of 
                entry to safeguard the United States from 
                terrorism and illegal entry of persons;
                  (C) prevent illicit drugs, agricultural 
                pests, and contraband from entering the United 
                States;
                  (D) in coordination with the Commissioner, 
                facilitate and expedite the flow of legitimate 
                travelers and trade;
                  (E) administer the National Targeting Center 
                established under paragraph (4);
                  (F) coordinate with the Executive Assistant 
                Commissioner for the Office of Trade with 
                respect to the trade facilitation and trade 
                enforcement activities of U.S. Customs and 
                Border Protection; and
                  (G) carry out other duties and powers 
                prescribed by the Commissioner.
          (4) National targeting center.--
                  (A) In general.--There is established in the 
                Office of Field Operations a National Targeting 
                Center.
                  (B) Executive director.--There shall be at 
                the head of the National Targeting Center an 
                Executive Director, who shall report to the 
                Executive Assistant Commissioner of the Office 
                of Field Operations.
                  (C) Duties.--The National Targeting Center 
                shall--
                          (i) serve as the primary forum for 
                        targeting operations within U.S. 
                        Customs and Border Protection to 
                        collect and analyze traveler and cargo 
                        information in advance of arrival in 
                        the United States to identify and 
                        address security risks and strengthen 
                        trade enforcement;
                          (ii) identify, review, and target 
                        travelers and cargo for examination;
                          (iii) coordinate the examination of 
                        entry and exit of travelers and cargo;
                          (iv) develop and conduct commercial 
                        risk assessment targeting with respect 
                        to cargo destined for the United 
                        States;
                          (v) coordinate with the 
                        Transportation Security Administration, 
                        as appropriate;
                          (vi) issue Trade Alerts pursuant to 
                        section 111(b) of the Trade 
                        Facilitation and Trade Enforcement Act 
                        of 2015; and
                          (vii) carry out other duties and 
                        powers prescribed by the Executive 
                        Assistant Commissioner.
          (5) Annual report on staffing.--
                  (A) In general.--Not later than 30 days after 
                the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Act of 2015, 
                and annually thereafter, the Executive 
                Assistant Commissioner shall submit to the 
                Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate a report on 
                the staffing [model] models for the Office of 
                Field Operations, including information on how 
                many supervisors, front-line U.S. Customs and 
                Border Protection officers, and support 
                personnel are assigned to each Field Office and 
                port of entry, and information concerning the 
                progress made toward meeting officer hiring 
                targets, while accounting for attrition.
                  (B) Form.--The report required under 
                subparagraph (A) shall, to the greatest extent 
                practicable, be submitted in unclassified form, 
                but may be submitted in classified form, if the 
                Executive Assistant Commissioner determines 
                that such is appropriate and informs the 
                Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate of the 
                reasoning for such.
  (h) Office of Intelligence.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Intelligence.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of Intelligence an Assistant 
        Commissioner, who shall report to the Commissioner.
          (3) Duties.--The Office of Intelligence shall--
                  (A) develop, provide, coordinate, and 
                implement intelligence capabilities into a 
                cohesive intelligence enterprise to support the 
                execution of the duties and responsibilities of 
                U.S. Customs and Border Protection;
                  (B) manage the counterintelligence operations 
                of U.S. Customs and Border Protection;
                  (C) establish, in coordination with the Chief 
                Intelligence Officer of the Department, as 
                appropriate, intelligence-sharing relationships 
                with Federal, State, local, and tribal agencies 
                and intelligence agencies;
                  (D) conduct risk-based covert testing of U.S. 
                Customs and Border Protection operations, 
                including for nuclear and radiological risks; 
                and
                  (E) carry out other duties and powers 
                prescribed by the Commissioner.
  (i) Office of International Affairs.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of International 
        Affairs.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of International Affairs an 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--The Office of International Affairs, in 
        collaboration with the Office of Policy of the 
        Department, shall--
                  (A) coordinate and support U.S. Customs and 
                Border Protection's foreign initiatives, 
                policies, programs, and activities;
                  (B) coordinate and support U.S. Customs and 
                Border Protection's personnel stationed abroad;
                  (C) maintain partnerships and information-
                sharing agreements and arrangements with 
                foreign governments, international 
                organizations, and United States agencies in 
                support of U.S. Customs and Border Protection's 
                duties and responsibilities;
                  (D) provide necessary capacity building, 
                training, and assistance to foreign customs and 
                border control agencies to strengthen border, 
                global supply chain, and travel security, as 
                appropriate;
                  (E) coordinate mission support services to 
                sustain U.S. Customs and Border Protection's 
                global activities;
                  (F) coordinate with customs authorities of 
                foreign countries with respect to trade 
                facilitation and trade enforcement;
                  (G) coordinate U.S. Customs and Border 
                Protection's engagement in international 
                negotiations;
                  (H) advise the Commissioner with respect to 
                matters arising in the World Customs 
                Organization and other international 
                organizations as such matters relate to the 
                policies and procedures of U.S. Customs and 
                Border Protection;
                  (I) advise the Commissioner regarding 
                international agreements to which the United 
                States is a party as such agreements relate to 
                the policies and regulations of U.S. Customs 
                and Border Protection; and
                  (J) carry out other duties and powers 
                prescribed by the Commissioner.
  (j) Office of Professional Responsibility.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Professional 
        Responsibility.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of Professional Responsibility an 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--The Office of Professional 
        Responsibility shall--
                  (A) investigate criminal and administrative 
                matters and misconduct by officers, agents, and 
                other employees of U.S. Customs and Border 
                Protection;
                  (B) manage integrity-related programs and 
                policies of U.S. Customs and Border Protection;
                  (C) conduct research and analysis regarding 
                misconduct of officers, agents, and other 
                employees of U.S. Customs and Border 
                Protection; and
                  (D) carry out other duties and powers 
                prescribed by the Commissioner.
  (k) Standard Operating Procedures.--
          (1) In general.--The Commissioner shall establish--
                  (A) standard operating procedures for 
                searching, reviewing, retaining, and sharing 
                information contained in communication, 
                electronic, or digital devices encountered by 
                U.S. Customs and Border Protection personnel at 
                United States ports of entry;
                  (B) standard use of force procedures that 
                officers and agents of U.S. Customs and Border 
                Protection may employ in the execution of their 
                duties, including the use of deadly force;
                  (C) uniform, standardized, and publicly-
                available procedures for processing and 
                investigating complaints against officers, 
                agents, and employees of U.S. Customs and 
                Border Protection for violations of 
                professional conduct, including the timely 
                disposition of complaints and a written 
                notification to the complainant of the status 
                or outcome, as appropriate, of the related 
                investigation, in accordance with section 552a 
                of title 5, United States Code (commonly 
                referred to as the ``Privacy Act'' or the 
                ``Privacy Act of 1974'');
                  (D) an internal, uniform reporting mechanism 
                regarding incidents involving the use of deadly 
                force by an officer or agent of U.S. Customs 
                and Border Protection, including an evaluation 
                of the degree to which the procedures required 
                under subparagraph (B) were followed; and
                  (E) standard operating procedures, acting 
                through the Executive Assistant Commissioner 
                for Air and Marine Operations and in 
                coordination with the Office for Civil Rights 
                and Civil Liberties and the Office of Privacy 
                of the Department, to provide command, control, 
                communication, surveillance, and reconnaissance 
                assistance through the use of unmanned aerial 
                systems, including the establishment of--
                          (i) a process for other Federal, 
                        State, and local law enforcement 
                        agencies to submit mission requests;
                          (ii) a formal procedure to determine 
                        whether to approve or deny such a 
                        mission request;
                          (iii) a formal procedure to determine 
                        how such mission requests are 
                        prioritized and coordinated; and
                          (iv) a process regarding the 
                        protection and privacy of data and 
                        images collected by U.S. Customs and 
                        Border Protection through the use of 
                        unmanned aerial systems.
          (2) Requirements regarding certain notifications.--
        The standard operating procedures established pursuant 
        to subparagraph (A) of paragraph (1) shall require--
                  (A) in the case of a search of information 
                conducted on an electronic device by U.S. 
                Customs and Border Protection personnel, the 
                Commissioner to notify the individual subject 
                to such search of the purpose and authority for 
                such search, and how such individual may obtain 
                information on reporting concerns about such 
                search; and
                  (B) in the case of information collected by 
                U.S. Customs and Border Protection through a 
                search of an electronic device, if such 
                information is transmitted to another Federal 
                agency for subject matter assistance, 
                translation, or decryption, the Commissioner to 
                notify the individual subject to such search of 
                such transmission.
          (3) Exceptions.--The Commissioner may withhold the 
        notifications required under paragraphs (1)(C) and (2) 
        if the Commissioner determines, in the sole and 
        unreviewable discretion of the Commissioner, that such 
        notifications would impair national security, law 
        enforcement, or other operational interests.
          (4) Update and review.--The Commissioner shall review 
        and update every three years the standard operating 
        procedures required under this subsection.
          (5) Audits.--The Inspector General of the Department 
        of Homeland Security shall develop and annually 
        administer, during each of the three calendar years 
        beginning in the calendar year that begins after the 
        date of the enactment of the Trade Facilitation and 
        Trade Enforcement Act of 2015, an auditing mechanism to 
        review whether searches of electronic devices at or 
        between United States ports of entry are being 
        conducted in conformity with the standard operating 
        procedures required under subparagraph (A) of paragraph 
        (1). Such audits shall be submitted to the Committee on 
        Homeland Security of the House of Representatives and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and shall include the following:
                  (A) A description of the activities of 
                officers and agents of U.S. Customs and Border 
                Protection with respect to such searches.
                  (B) The number of such searches.
                  (C) The number of instances in which 
                information contained in such devices that were 
                subjected to such searches was retained, 
                copied, shared, or entered in an electronic 
                database.
                  (D) The number of such devices detained as 
                the result of such searches.
                  (E) The number of instances in which 
                information collected from such devices was 
                subjected to such searches and was transmitted 
                to another Federal agency, including whether 
                such transmissions resulted in a prosecution or 
                conviction.
          (6) Requirements regarding other notifications.--The 
        standard use of force procedures established pursuant 
        to subparagraph (B) of paragraph (1) shall require--
                  (A) in the case of an incident of the use of 
                deadly force by U.S. Customs and Border 
                Protection personnel, the Commissioner to 
                notify the Committee on Homeland Security of 
                the House of Representatives and the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate; and
                  (B) the Commissioner to provide to such 
                committees a copy of the evaluation pursuant to 
                subparagraph (D) of such paragraph not later 
                than 30 days after completion of such 
                evaluation.
          (7) Report on unmanned aerial systems.--The 
        Commissioner 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 an annual report, for each of the three 
        calendar years beginning in the calendar year that 
        begins after the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Act of 2015, that 
        reviews whether the use of unmanned aerial systems is 
        being conducted in conformity with the standard 
        operating procedures required under subparagraph (E) of 
        paragraph (1). Such reports--
                  (A) shall be submitted with the annual budget 
                of the United States Government submitted by 
                the President under section 1105 of title 31, 
                United States Code;
                  (B) may be submitted in classified form if 
                the Commissioner determines that such is 
                appropriate; and
                  (C) shall include--
                          (i) a detailed description of how, 
                        where, and for how long data and images 
                        collected through the use of unmanned 
                        aerial systems by U.S. Customs and 
                        Border Protection are collected and 
                        stored; and
                          (ii) a list of Federal, State, and 
                        local law enforcement agencies that 
                        submitted mission requests in the 
                        previous year and the disposition of 
                        such requests.
  (l) Training.--The Commissioner shall require all officers 
and agents of U.S. Customs and Border Protection to participate 
in a specified amount of continuing education (to be determined 
by the Commissioner) to maintain an understanding of Federal 
legal rulings, court decisions, and departmental policies, 
procedures, and guidelines.
  (m) Short-term Detention Standards.--
          (1) Access to food and water.--The Commissioner shall 
        make every effort to ensure that adequate access to 
        food and water is provided to an individual apprehended 
        and detained at a United States port of entry or 
        between ports of entry as soon as practicable following 
        the time of such apprehension or during subsequent 
        short-term detention.
          (2) Access to information on detainee rights at 
        border patrol processing centers.--
                  (A) In general.--The Commissioner shall 
                ensure that an individual apprehended by a U.S. 
                Border Patrol agent or an Office of Field 
                Operations officer is provided with information 
                concerning such individual's rights, including 
                the right to contact a representative of such 
                individual's government for purposes of United 
                States treaty obligations.
                  (B) Form.--The information referred to in 
                subparagraph (A) may be provided either 
                verbally or in writing, and shall be posted in 
                the detention holding cell in which such 
                individual is being held. The information shall 
                be provided in a language understandable to 
                such individual.
          (3) Short-term detention defined.--In this 
        subsection, the term ``short-term detention'' means 
        detention in a U.S. Customs and Border Protection 
        processing center for 72 hours or less, before 
        repatriation to a country of nationality or last 
        habitual residence.
          (4) Daytime repatriation.--When practicable, 
        repatriations shall be limited to daylight hours and 
        avoid locations that are determined to have high 
        indices of crime and violence.
          (5) Report on procurement process and standards.--Not 
        later than 180 days after the date of the enactment of 
        the Trade Facilitation and Trade Enforcement Act of 
        2015, 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 on the procurement process and 
        standards of entities with which U.S. Customs and 
        Border Protection has contracts for the transportation 
        and detention of individuals apprehended by agents or 
        officers of U.S. Customs and Border Protection. Such 
        report should also consider the operational efficiency 
        of contracting the transportation and detention of such 
        individuals.
          (6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                  (A) annually inspect all facilities utilized 
                for short-term detention; and
                  (B) make publicly available information 
                collected pursuant to such inspections, 
                including information regarding the 
                requirements under paragraphs (1) and (2) and, 
                where appropriate, issue recommendations to 
                improve the conditions of such facilities.
  (n) Wait Times Transparency.--
          (1) In general.--The Commissioner shall--
                  (A) publish live wait times for travelers 
                entering the United States at the 20 United 
                States airports that support the highest volume 
                of international travel (as determined by 
                available Federal flight data);
                  (B) make information about such wait times 
                available to the public in real time through 
                the U.S. Customs and Border Protection website;
                  (C) submit to the Committee on Homeland 
                Security and the Committee on Ways and Means of 
                the House of Representatives and the Committee 
                on Homeland Security and Governmental Affairs 
                and the Committee on Finance of the Senate, for 
                each of the five calendar years beginning in 
                the calendar year that begins after the date of 
                the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, a report that 
                includes compilations of all such wait times 
                and a ranking of such United States airports by 
                wait times; and
                  (D) provide adequate staffing at the U.S. 
                Customs and Border Protection information 
                center to ensure timely access for travelers 
                attempting to submit comments or speak with a 
                representative about their entry experiences.
          (2) Calculation.--The wait times referred to in 
        paragraph (1)(A) shall be determined by calculating the 
        time elapsed between an individual's entry into the 
        U.S. Customs and Border Protection inspection area and 
        such individual's clearance by a U.S. Customs and 
        Border Protection officer.
  (o) Other Authorities.--
          (1) In general.--The Secretary may establish such 
        other offices or positions of Assistant Commissioners 
        (or other similar officers or officials) as the 
        Secretary determines necessary to carry out the 
        missions, duties, functions, and authorities of U.S. 
        Customs and Border Protection.
          (2) Notification.--If the Secretary exercises the 
        authority provided under paragraph (1), the Secretary 
        shall notify the Committee on Homeland Security and the 
        Committee on Ways and Means of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Finance 
        of the Senate not later than 30 days before exercising 
        such authority.
  (p) Reports to Congress.--The Commissioner shall, on and 
after the date of the enactment of the Trade Facilitation and 
Trade Enforcement Act of 2015, continue to submit to the 
Committee on Homeland Security and the Committee on Ways and 
Means of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Finance of the Senate any report required, on the day before 
such date of enactment, to be submitted under any provision of 
law.
  (q) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the authority, existing on 
the day before the date of the enactment of the Trade 
Facilitation and Trade Enforcement Act of 2015, of any other 
Federal agency or component of the Department.
  (r) Definitions.--In this section, the terms ``commercial 
operations'', ``customs and trade laws of the United States'', 
``trade enforcement'', and ``trade facilitation'' have the 
meanings given such terms in section 2 of the Trade 
Facilitation and Trade Enforcement Act of 2015.

           *       *       *       *       *       *       *


Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 437. ESTABLISHMENT OF THE OFFICE OF OMBUDSMAN FOR BORDER AND 
                    IMMIGRATION RELATED CONCERNS.

  (a) In General.--The Secretary shall appoint an Ombudsman for 
Border and Immigration Related Concerns (hereinafter referred 
to as the ``Ombudsman''), who shall--
          (1) be independent of Department agencies and 
        officers;
          (2) report directly to the Secretary; and
          (3) have a background in immigration, civil rights, 
        and law enforcement.
  (b) Functions.--The functions of the Ombudsman shall be to--
          (1) establish an independent, neutral, and 
        confidential process to receive, investigate, resolve, 
        and provide redress, including referral for 
        investigation to the Office of the Inspector General, 
        referral to the Office of Civil Rights and Civil 
        Liberties to investigate complaints and information 
        indicating possible abuses of civil rights or civil 
        liberties, referral to U.S. Citizenship and Immigration 
        Services for immigration relief, or any other action 
        determined appropriate, in cases in which Department 
        employees, or subcontracted or cooperating entity 
        personnel, are alleged to have engaged in misconduct or 
        violated the rights of individuals, associations, or 
        employers;
          (2) establish an accessible and standardized 
        complaint process regarding complaints against any 
        employee of U.S. Customs and Border Protection or U.S. 
        Immigration and Customs Enforcement, or any 
        subcontracted or cooperating entity personnel, 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 law; and
          (3) identify and thereafter review, examine, and make 
        recommendations to the Secretary or designee to address 
        chronic concerns in border security and enforcement 
        activities of U.S. Customs and Border Protection and 
        U.S. Immigration and Customs Enforcement.
  (c) Annual Report.--On an annual basis, starting one year 
after the date of the enactment of this section, the Secretary 
shall submit to the Committee on Homeland 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 year, including 
information relating to the following:
          (1) The number of complaints received in the period, 
        with information on each complaint including whether it 
        is against any employee of U.S. Customs and Border 
        Protection or U.S. Immigration and Customs Enforcement, 
        or any subcontracted or cooperating entity personnel, 
        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 law, when and 
        where the incident that gave rise to the complaint 
        occurred, including, where possible, identification of 
        the port of entry, U.S. Border Patrol station, or 
        detention facility where the alleged incident occurred.
          (2) The number of investigations commenced or carried 
        out in the period, with information on each 
        investigation including whether it involves any 
        employee of U.S. Customs and Border Protection or U.S. 
        Immigration and Customs Enforcement, or any 
        subcontracted or cooperating entity personnel, 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 law.
          (3) The number of complaints resolved in the period, 
        with information on how each complaint was resolved, 
        including for those complaints that were--
                  (A) referred for investigation to the Office 
                of the Inspector General;
                  (B) referred to the Office of Civil Rights 
                and Civil Liberties;
                  (C) referred to U.S. Citizenship and 
                Immigration Services for immigration relief; 
                and
                  (D) resolved in some other manner.
          (4) Findings and recommendations for the period that 
        address chronic concerns in border security and 
        enforcement activities of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs 
        Enforcement, including the impact of such activities on 
        border communities and the civil rights, property 
        rights, privacy rights, and civil liberties of 
        residents of such communities.
          (5) Any actions taken by the Department to implement 
        recommendations that address chronic concerns in border 
        security and enforcement activities.
  (d) Publication.--Not later than 30 days after receiving the 
annual report required pursuant to subsection (c), the 
Secretary shall publish the annual report on the website of the 
Department and in the Federal Register, together with any 
feedback from the Secretary regarding the report.
  (e) Confidentiality.--In the absence of the written consent 
of an individual who submits a complaint, the Ombudsman shall 
keep confidential the identity of and any identifying 
information relating to that individual.

SEC. 438. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY 
                    COMMITTEE.

  (a) Establishment.--The Secretary shall establish within the 
Department a border community stakeholders advisory committee 
pursuant to section 871 of this Act.
  (b) Duties.--
          (1) In general.--The Secretary shall consult with the 
        Advisory Committee, as appropriate, on border security 
        and immigration enforcement matters, including on the 
        development, refinement, and implementation of 
        policies, protocols, programs, and rulemaking 
        pertaining to border security and immigration 
        enforcement that may impact border communities.
          (2) Recommendations.--The Advisory Committee shall 
        develop, at the request of the Secretary, 
        recommendations regarding policies, protocols, programs 
        and rulemaking pertaining to border security and 
        immigration enforcement that may impact border 
        communities.
          (3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Secretary--
                  (A) reports on matters identified by the 
                Secretary; and
                  (B) reports on other matters identified by a 
                majority of the members of the Advisory 
                Committee.
          (4) Annual report.--The Advisory Committee shall 
        submit to the Secretary an annual report providing 
        information on the activities, findings, and 
        recommendations of the Advisory Committee, including 
        its subcommittees, for the preceding year. Not later 
        than six months after the date on which the Secretary 
        receives the annual report, the Secretary shall publish 
        a public version describing the Advisory Committee's 
        activities and such related matters as would be 
        informative to the public, consistent with section 
        552(b) of title 5, United States Code.
          (5) Feedback.--Not later than 90 days after receiving 
        recommendations transmitted by the Advisory Committee 
        under paragraph (4), the Secretary shall respond in 
        writing to the Advisory Committee with feedback on each 
        of the recommendations, an action plan to implement any 
        of the recommendations with which the Secretary 
        concurs, and a justification for why any of the 
        recommendations have been rejected.
          (6) Congressional notification.--Not later than 30 
        days after providing written feedback to the Advisory 
        Committee under paragraph (5), 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 
        feedback, and provide a briefing upon request.
          (7) Report to congress.--Prior to briefing the 
        Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate under paragraph 
        (6), the Secretary shall submit to such committees a 
        report containing information relating to the 
        recommendations transmitted by the Advisory Committee 
        in accordance with paragraph (4).
  (c) Membership.--
          (1) Appointment.--
                  (A) In general.--Not later than 90 days after 
                the date of enactment of this section, the 
                Secretary shall appoint the members of the 
                Advisory Committee.
                  (B) Composition.--The membership of the 
                Advisory Committee shall consist of a border 
                community stakeholder from each of the nine 
                U.S. Border Patrol sectors and three 
                individuals with significant expertise and 
                experience in immigration law, civil rights, 
                and civil liberties, particularly as relates to 
                interests of residents of border communities.
          (2) Term of office.--
                  (A) Terms.--The term of each member of the 
                Advisory Committee shall be two years. A member 
                of the Advisory Committee may be reappointed.
                  (B) Removal.--The Secretary may review the 
                participation of a member of the Advisory 
                Committee and remove such member for cause at 
                any time.
          (3) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive pay, allowances, 
        or benefits from the Government by reason of their 
        service on the Advisory Committee.
          (4) Meetings.--
                  (A) In general.--The Secretary shall require 
                the Advisory Committee to meet at least 
                semiannually and may convene additional 
                meetings as necessary.
                  (B) Public meetings.--At least one of the 
                meetings described in subparagraph (A) shall be 
                within a Border Patrol sector and open to the 
                public.
                  (C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at 
                each meeting.
          (5) Member access to sensitive security 
        information.--Not later than 60 days after the date of 
        a member's appointment, the Secretary shall determine 
        if there is cause for the member to be restricted from 
        possessing sensitive security information. Without such 
        cause, and upon the member voluntarily signing a non-
        disclosure agreement, the member may be granted access 
        to sensitive security information that is relevant to 
        the member's advisory duties. The member shall protect 
        the sensitive security information in accordance with 
        part 1520 of title 49, Code of Federal Regulations.
          (6) Chairperson.--A stakeholder representative on the 
        Advisory Committee who is elected by the appointed 
        membership of the Advisory Committee shall chair the 
        Advisory Committee.
  (d) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
and its subcommittees.
  (e) Definitions.--In this section:
          (1) Advisory committee.--The term ``Advisory 
        Committee'' means the border community stakeholder 
        advisory committee established under subsection (a).
          (2) 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 actions, including--
                  (A) a landowner within 10 miles of a land 
                border of the United States;
                  (B) a business leader in a company operating 
                within 10 miles of a land border of the United 
                States;
                  (C) a local official from a community on a 
                land border of the United States; and
                  (D) a representative of Indian tribes on a 
                land border of the United States.

           *       *       *       *       *       *       *




                             MINORITY VIEWS

    The majority is rushing H.R. 2203 to the House floor at the 
urging of the Speaker. This partisan bill is riddled with 
absurd policy provisions that undermine border security, 
endanger the lives of children, malign law enforcement 
officers, and threaten the safety of our communities. Worst of 
all, the bill does nothing to address the root cause of the 
border crisis: our broken immigration system.
    In an effort to quickly ram H.R. 2203 through the 
Committee, the majority violated rules which require Members be 
provided the legislation 48 hours in advance of its 
consideration. A new amendment in the nature of a substitute to 
H.R. 2203 was not provided to Members of the Committee until 
late in the afternoon on July 16th, just a few hours before the 
markup on the morning of July 17th. This new amendment heavily 
modified every substantive provision of the bill and added 
several new provisions. Ranking Member Rogers raised a point of 
order against the amendment's consideration and Chairman 
Thompson sustained that point of order. Chairman Thompson then 
invoked House rules to force consideration of the amendment.
    U.S. Customs and Border Protection (CBP) and U.S. 
Immigration and Customs Enforcement (ICE) have repeatedly 
informed the Committee and the public that criminals are 
telling migrants in Central America to use children as 
``visas'' because an accompanying child will help expedite the 
migrant's release into the interior of the United States. This 
propaganda encourages smuggling and trafficking of migrant 
children. Rather than providing law enforcement the tools to 
end the scourge of child smuggling, H.R. 2203 appallingly 
exacerbates the problem. The bill appears to undermine the 
ability of trained federal law enforcement officers to remove 
minors from suspected human traffickers, smugglers, and other 
harmful criminals. Under section 205 of the bill, only state 
courts or welfare agencies are authorized to remove a child 
parent or family member (defined in the bill to include 
cousins). The bill does not contemplate that the parent or 
family member may be fraudulently posing as a parent or legal 
guardian of the minor when in fact they are a smuggler. In May 
2019, DHS federal law enforcement officers caught a Honduran 
man trying to enter the country with an unrelated 6 month-old 
infant. Had this bill then been law, that 6 month-old infant 
may have remained in the hands of a smuggler and in immediate 
danger until a state court could rule on the matter.
    H.R. 2203 doubles down on catch and release policies that 
undermine the safety of our communities. The bill expressly 
authorizes CBP the option to release migrants in their custody 
after 72 hours regardless of whether they've been screened to 
determine criminal history. Mass releases created by this 
provision could overwhelm border communities and fully degrade 
DHS' ability to maintain order along the southwest border. It 
will also empower smuggler propaganda and fuel more waves of 
migrants to attempt dangerous border crossings.
    Compounding the problem, H.R. 2203 terminates the Migrant 
Protection Protocol (MPP) with Mexico. This important program 
launched by DHS in December 2018, has helped alleviate 
dangerous overcrowding at our ports of entry and provided 
migrants with a fair and orderly process to request asylum. The 
bill goes even further by forcing CBP to grant entry to every 
single migrant that presents at U.S. ports of entry regardless 
of facility capacity.
    H.R. 2203 deliberately slows DHS border security and 
enforcement operations on and near the border by requiring 
federal, state, and local law enforcement officers to comply 
with a dozen new administrative requirements for routine 
traffic stops or encounters. Officers conduct hundreds of these 
encounters on a daily basis across the United States. This 
provision appears designed to shut down border and immigration 
enforcement operations by drowning law enforcement in 
paperwork. Law enforcement operations are further hindered by 
the bill's duplicative training mandates on ICE and CBP 
officers that would take them off the line of duty for several 
days when the agencies are already experiencing staffing 
shortages.
    H.R. 2203 assumes the worst about the men and women of 
Customs and Border Protection. Its array of new mandates are 
designed to second-guess officers and insert open-border 
activists into the law enforcement process. Most notably, the 
bill creates an extra-judicial and unconstitutional Office of 
the Ombudsman. The office is designed to investigate complaints 
made by migrants against officers and unilaterally provide 
whatever remedies the office deems appropriate. The office's 
complaint process includes no privacy or due process 
protections for DHS personnel wrongly or frivolously accused of 
wrongdoing. The office's nebulously drafted ``redress'' 
authority could include adjustment of immigration status or 
monetary damages outside of those contemplated by the 
Constitution or federal law.
    H.R. 2203 creates a partisan investigative commission that 
undermines Congress' Article I responsibility to oversee the 
executive. The commission is stacked with Democrat-picked 
commissioners empowered to ``investigate'' President Trump's 
handling of the border crisis. 6 of 10 members would be 
Democrats, with the Chairman appointed by the Speaker. 
Commissioners are not required to have the any border security 
or law enforcement experience. The commission's scope and 
mission presuppose answers to complex questions and ignore the 
impact of our broken immigration system on migrant flows. The 
entire title represents an abdication of the Homeland Security 
Committee's responsibility for oversight of the Department of 
Homeland Security (DHS).
    Finally, H.R. 2203 contains a number of prejudiced 
reporting requirements, among them a lopsided report on migrant 
deaths that ignores the role that smugglers, long journeys, and 
rugged terrain can play in a migrant's health when they arrive 
at our border. These biased reporting requirements ignore the 
fundamental factor driving the current humanitarian and 
national security crisis on our border: broken immigration 
laws.
    Each provision in H.R. 2203 is designed to restrict DHS' 
from conducting its critical border security mission. Rather 
than alleviating the crisis by reforming our broken immigration 
system and providing law enforcement new authorities and 
resources to secure our border, the bill exacerbates the crises 
by enabling the transnational criminal organizations, 
smugglers, and traffickers that endanger the safety and 
security of migrants and American citizens.
                                   Mike Rogers.

                                  [all]