119-hr1678

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1678 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1678

 To increase transparency, accountability, and community engagement 
 within the Department of Homeland Security, to provide independent 
oversight of border security activities, to improve training for agents 
 and officers of U.S. Customs and Border Protection, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 27, 2025

 Ms. Escobar introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
 Ways and Means, and the Judiciary, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To increase transparency, accountability, and community engagement 
 within the Department of Homeland Security, to provide independent 
oversight of border security activities, to improve training for agents 
 and officers of U.S. Customs and Border Protection, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Homeland Security Improvement Act''.

SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT.

    (a) Department of Homeland Security Border Oversight Commission.--

    (1) Establishment.--There is established an independent 
 commission, which shall be known as the ``Department of 
 Homeland Security Border Oversight Commission'' (referred to in 
 this Act as the ``Commission'').

    (2) Organization.--
        (A) Leadership.--The Commission shall be led by a 
 Chair and a Vice Chair.
        (B) Membership.--
            (i) In general.--The Commission shall be 
 composed of 30 members, who--
            (I) shall be appointed by the 
 Speaker and the minority leader of the 
 House of Representatives and the 
 majority and minority leaders of the 
 Senate, in consultation with the 
 President; and
            (II) shall have expertise in 
 migration, local crime indices, civil 
 and human rights, community relations, 
 cross-border trade and commerce, 
 quality of life indicators, or other 
 pertinent experience.
            (ii) Regional representation.--Of the 30 
 members appointed pursuant to clause
            (i) 
            (I) --
            (I) 13 members shall be from the 
 northern border region and shall 
 comprise the northern border 
 subcommittee; and
            (II) 17 members shall be from the 
 southern border region and shall 
 comprise the southern border 
 subcommittee.
            (iii) Northern border subcommittee.--Of the 
 13 members from the northern border region--
            (I) 2 shall be elected local 
 government officials;
            (II) 2 shall be local law 
 enforcement officials;
            (III) 2 shall be civil rights 
 advocates;
            (IV) 1 shall represent the business 
 community;
            (V) 1 shall represent institutions 
 of higher education;
            (VI) 1 shall represent a faith 
 community;
            (VII) 2 shall be U.S. Border Patrol 
 officers or agents, including at least 
 1 member of the National Border Patrol 
 Council; and
            (VIII) 2 shall be tribal officials.
            (iv) Southern border subcommittee.--Of the 
 17 members from the southern border region--
            (I) 3 shall be elected local 
 government officials;
            (II) 3 shall be local law 
 enforcement officials;
            (III) 3 shall be civil rights 
 advocates;
            (IV) 2 shall represent the business 
 community;
            (V) 1 shall represent institutions 
 of higher education;
            (VI) 1 shall represent a faith 
 community;
            (VII) 2 shall be U.S. Border Patrol 
 officers or agents, including at least 
 1 member of the National Border Patrol 
 Council; and
            (VIII) 2 shall be tribal officials.
            (v) Chair; vice chair.--The members of the 
 Commission shall elect a Chair and a Vice Chair 
 from among its members by a majority vote of at 
 least 16 members.
            (vi) Terms of service.--The Chair and the 
 Vice Chair of the Commission shall serve 4-year 
 terms in such positions. Members of the 
 Commission shall also serve 4-year terms.
            (vii) Appointment deadline.--Congress shall 
 make the initial appointments to the Commission 
 not later than 180 days after the date of the 
 enactment of this Act.

    (3) Meetings.--
        (A) Commission.--The Commission shall meet at least 
 semiannually and may convene additional meetings as 
 necessary.
        (B) Subcommittees.--The northern border and 
 southern border subcommittees shall meet at least 
 quarterly, and may convene additional meetings, as 
 necessary.

    (4) Duties.--The Commission, the northern border 
 subcommittee, and the southern border subcommittee shall--
        (A) develop recommendations for improvements 
 regarding border enforcement policies, strategies, and 
 programs that take into consideration their impact on 
 border communities;
        (B) evaluate policies, strategies, and programs of 
 Federal agencies operating along the northern and 
 southern United States borders--
            (i) to protect--
            (I) due process;
            (II) the civil and human rights of 
 border residents and visitors; and
            (III) private property rights of 
 land owners;
            (ii) to reduce the number of migrant 
 deaths; and
            (iii) to improve the safety of agents and 
 officers of U.S. Customs and Border Protection 
 and U.S. Immigration and Customs Enforcement;
            (C) develop recommendations for improvements 
 regarding the safety of agents and officers of U.S. 
 Customs and Border Protection and U.S. Immigration and 
 Customs Enforcement while such agents and officers are 
 in the field; and
            (D) evaluate training and establish training 
 courses related to--
            (i) management and leadership skills for 
 supervisors in each U.S. Border Patrol sector, 
 at each port of entry on the northern and 
 southern United States borders, and at each 
 U.S. Immigration and Customs Enforcement field 
 office; and
            (ii) the extent to which supervisory and 
 management personnel practices at U.S. Customs 
 and Border Protection and U.S. Immigration and 
 Customs Enforcement--
            (I) encourage and facilitate 
 workforce development for agents and 
 officers; and
            (II) promote agent and officer 
 field safety and post-Federal Law 
 Enforcement Training Center (referred 
 to in this Act as ``FLETC'') training 
 of border enforcement personnel in 
 accordance with 

section 6.

    (5) Additional responsibilities.--
        (A) In general.--In carrying out the duties set 
 forth in paragraph

    (4) , the Commission shall take into 
 consideration any recommendations and evaluations 
 agreed upon by the northern border subcommittee and the 
 southern border subcommittee.
        (B) Subcommittee reports.--The northern border 
 subcommittee and the southern border subcommittee shall 
 each--
            (i) submit an annual report to the Chair 
 and Vice Chair of the Commission that contains 
 the recommendations and evaluations of the 
 subcommittees referred to in paragraph

    (4) ; and
            (ii) make each such report available to the 
 public.

    (6) Prohibition on compensation.--Members of the Commission 
 may not receive pay, allowances, or benefits from the Federal 
 Government by reason of their service on the Commission or 
 either of its subcommittees.

    (b) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member of the Commission, may, for 
the purpose of carrying out this Act, hold such hearings, and sit and 
act at such times and places, take such testimony, receive such 
evidence, and administer such oaths as the Commission or such 
designated subcommittee or designated member determines necessary to 
carry out its duties under subsection

    (a)

    (4) .
            (c) Savings Provision.--Nothing in this Act may be construed as 
affecting the investigative and disciplinary procedures of U.S. Customs 
and Border Protection, U.S. Immigration and Customs Enforcement, or the 
Department of Homeland Security with respect to agents and officers of 
U.S. Customs and Border Protection or U.S. Immigration and Customs 
Enforcement.
            (d) Reports.--

    (1) Annual reports.--The Commission shall--
        (A) submit an annual report to the Secretary of 
 Homeland Security that contains information regarding 
 the activities, findings, and recommendations of the 
 Commission, including the northern border subcommittee 
 and the southern border subcommittee, for the preceding 
 year; and
        (B) make each such report available to the public.

    (2) Congressional notification.--The Secretary of Homeland 
 Security shall brief the Committee on Homeland Security and 
 Governmental Affairs of the Senate, the Committee on the 
 Judiciary of the Senate, the Committee on Homeland Security of 
 the House of Representatives, and the Committee on the 
 Judiciary of the House of Representatives regarding each report 
 received under paragraph

    (1) .

SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND 
 IMMIGRATION RELATED CONCERNS.

    (a) In General.--Subtitle A of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 202 et seq.) is amended by adding at the end the 
following new section:

``

SEC. 406. OMBUDSMAN FOR BORDER AND IMMIGRATION-RELATED CONCERNS.

 ``

    (a) In General.--There shall be within the Department an 
Ombudsman for Border and Immigration-Related Concerns (referred to in 
this section as the `Ombudsman'). The individual appointed as Ombudsman 
shall have a background in immigration or civil liberties law or law 
enforcement and shall report directly to the Secretary.
 ``

    (b) Organizational Independence.--The Secretary shall take 
appropriate action to ensure the independence of the Ombudsman's office 
from other officers or employees of the Department engaged in border 
security or immigration activities.
 ``
            (c) Staffing.--The Secretary shall take appropriate action to 
ensure that the Ombudsman's office is sufficiently staffed and 
resourced to carry out its duties effectively and efficiently.
 ``
            (d) Functions.--The Ombudsman shall--
 ``

    (1) establish an independent, neutral, and appropriately 
 confidential process to receive, investigate, resolve, and 
 provide redress, including immigration relief, monetary 
 damages, or any other action determined appropriate, for 
 complaints, grievances, or requests for assistance from 
 individuals, associations, and employers regarding the border 
 security and immigration activities of the Department;
 ``

    (2) conduct inspections of the facilities, including 
 privately owned or operated contract facilities, of U.S. 
 Customs and Border Protection, U.S. Immigration and Customs 
 Enforcement, and U.S. Citizenship and Immigration Services;
 ``

    (3) assist individuals and families who--
 ``
        (A) have been victims of crimes committed by 
 noncitizens present in the United States or of violence 
 near the United States border; or
 ``
        (B) have been impacted by situations in which the 
 Department has exercised force against an individual, 
 including by use of a firearm, electronic control 
 weapon, explosive device, chemical agent, baton, 
 projectile, blunt instrument, body part, canine, or 
 vehicle;
 ``

    (4) identify areas in which individuals, associations, 
 and employers have identified concerns with respect to 
 interacting with U.S. Customs and Border Protection, U.S. 
 Immigration and Customs Enforcement, or U.S. Citizenship and 
 Immigration Services;
 ``

    (5) propose changes in the administrative practices of 
 U.S. Customs and Border Protection, U.S. Immigration and 
 Customs Enforcement, and U.S. Citizenship and Immigration 
 Services to mitigate problems identified under this section;
 ``

    (6) review, examine, and make recommendations regarding 
 the border security and immigration and enforcement activities 
 of U.S. Customs and Border Protection, U.S. Immigration and 
 Customs Enforcement, and U.S. Citizenship and Immigration 
 Services;
 ``

    (7) establish a uniform and standardized complaint 
 process regarding complaints against any individual employed by 
 U.S. Customs and Border Protection or U.S. Immigration and 
 Customs Enforcement for violations of standards of professional 
 conduct that--
 ``
        (A) requires the completion of an independent 
 review and investigation not later than 1 year after 
 the receipt of any such complaint;
 ``
        (B) requires that complainants receive--
 ``
            (i) written confirmation that their 
 complaint was received not later than 60 days 
 after such receipt; and
 ``
            (ii) a written summary regarding the 
 outcome of such complaint not later than 30 
 days after the completion of the review and 
 investigation under subparagraph
        (A) , including 
 findings of fact, recommended action, and 
 available redress;
 ``
            (C) features--
 ``
            (i) a centralized multilingual online 
 complaint form that includes street address, 
 toll-free telephone number, and electronic 
 mailbox address to permit an individual to file 
 an immigration or border-related complaint and 
 submit supporting evidence through the portal 
 of choice of any such individual; and
 ``
            (ii) the posting of multilingual 
 information relating to such form at ports of 
 entry and at U.S. Border Patrol interior 
 checkpoints;
 ``
            (D) includes procedures for referring complaints 
 to the Office for Civil Rights and Civil Liberties, the 
 Office of the Inspector General, or other appropriate 
 agency of the Department;
 ``
        (E) establishes a publicly accessible national, 
 standardized database capable of tracking and analyzing 
 complaints and their resolution; and
 ``
        (F) provides publicly accessible records, with 
 copies of complaints, and their resolutions permanently 
 preserved and available for inspection, while 
 maintaining the confidentiality of complainants' 
 identities; and
 ``

    (8) establish an online detainee locator system for 
 individuals held in U.S. Customs and Border Protection custody.
 ``

    (e) Other Responsibilities.--In addition to the functions 
specified in subsection
            (d) , the Ombudsman shall--
 ``

    (1) monitor the coverage and geographic allocation of 
 local offices of the Ombudsman, including appointing local 
 ombudsmen for border and immigration related concerns;
 ``

    (2) evaluate and take personnel actions (including 
 dismissal) with respect to any employee of the Ombudsman;
 ``

    (3) recommend disciplinary action, including contract 
 termination, suspension, and debarment, or termination, 
 suspension, and sanctions, to the appropriate departmental 
 entity regarding any contractor proven to have violated 
 departmental policies or procedures while executing any border 
 security or immigration activity;
 ``

    (4) refer to the Inspector General of the Department any 
 complaints of the violation of departmental policies or 
 procedures by any Department employee relating to border 
 security or immigration activity; and
 ``

    (5) provide each complainant with a summary of the 
 outcome of any action taken in response to a complaint, 
 grievance, or request for assistance from such complainant, 
 including any findings of fact, recommended action, and 
 available redress.
 ``

    (f) Complainants.--
 ``

    (1) Eligibility.--Any interested party, including a legal 
 representative, may file a complaint through the complaint 
 process established pursuant to subsection
            (d) (7) .
 ``

    (2) Retaliatory action prohibited.--Complainants and 
 other individuals identified in a complaint submitted under 
 this section shall be protected from retaliatory action by law 
 enforcement or by any officer of the United States based on the 
 content of such complaint. No information contained in a 
 complaint that is germane to such complaint may be used as 
 evidence in any removal or criminal proceedings against the 
 complainant or any individual identified in such complaint.
 ``

    (3) No effect on removal or criminal proceedings.--
 Neither the filing of a complaint nor the contents of a 
 complaint shall confer immunity or otherwise impact any removal 
 or criminal proceedings against a complainant or an individual 
 identified in such complaint.
 ``

    (4) Privacy.--No personally identifiable information 
 related to an individual involved in a complaint which would 
 result in identification of such individual may be published.
 ``

    (5) Assistance.--All complainants shall receive full 
 assistance from the Department in filing complaints, including 
 language assistance, accommodations for disabilities, and 
 accurate and complete responses to their questions.
 ``

    (g) Request for Investigations.--The Ombudsman may request the 
Inspector General of the Department to conduct inspections, 
investigations, and audits related to compliance with subsections
            (d) ,

    (e) , and

    (f) .
 ``

    (h) Coordination With Department Components.--
 ``

    (1) In general.--The Director of U.S. Citizenship and 
 Immigration Services, the Assistant Secretary of U.S. 
 Immigration and Customs Enforcement, and the Commissioner of 
 U.S. Customs and Border Protection shall each establish 
 procedures to provide formal responses to recommendations 
 submitted to such officials by the Ombudsman not later than 60 
 days after receiving such recommendations.
 ``

    (2) Access to information.--The Secretary shall establish 
 procedures to provide the Ombudsman access to all departmental 
 records that are necessary to execute the responsibilities of 
 the Ombudsman under subsection
            (d) or

    (e) not later than 60 
 days after the Ombudsman requests such information.
 ``
            (i) Public Outreach.--The Secretary shall--
 ``

    (1) take all appropriate action to advise the public 
 regarding the existence, duties, responsibilities, and 
 grievance processes of the Ombudsman's office; and
 ``

    (2) promulgate regulations to ensure--
 ``
        (A) the public's ability to file grievances with 
 the Ombudsman's office electronically; and
 ``
        (B) that absent written permission of all 
 affected parties, all documents submitted to the 
 Ombudsman's office are used solely by the Ombudsman's 
 office to advance the purposes described in this 
 section.
 ``

    (j) Annual Reporting.--Not later than June 30 of each calendar 
year beginning after the date of the enactment of the Homeland Security 
Improvement Act, the Ombudsman shall submit a report to the Committee 
on Homeland Security and Governmental Affairs of the Senate, the 
Committee on the Judiciary of the Senate, the Committee on Homeland 
Security of the House of Representatives, and the Committee on the 
Judiciary of the House of Representatives that includes--
 ``

    (1) the number and type of complaints received under this 
 section;
 ``

    (2) the demographics of the complainants who filed such 
 complaints;
 ``

    (3) the results of the investigations conducted in 
 response to such complaints, including violations of standards 
 and any disciplinary actions taken;
 ``

    (4) the identification of any complaint patterns that 
 could be prevented or reduced by policy training or practice 
 changes;
 ``

    (5) an inventory of complaints received under this 
 section for which action has been taken and the period between 
 the receipt of each such complaint and its resolution;
 ``

    (6) an inventory of complaints received under this 
 section for which action was not taken during the 1-year period 
 immediately following the filing of such complaint, including 
 the period during which each such complaint remained open, and 
 the reason for failing to resolve each such complaint during 
 such 1-year period;
 ``

    (7) recommendations that the Ombudsman has made to 
 improve the services and responsiveness of U.S. Citizenship and 
 Immigration Services, U.S. Immigration and Customs Enforcement, 
 and U.S. Customs and Border Protection, and any responses 
 received from each such component or the Department regarding 
 such recommendations; and
 ``

    (8) any other information that the Ombudsman considers 
 relevant to such report.
 ``

    (k) Establishment of Border Communities Liaison Office.--
 ``

    (1) In general.--The Ombudsman, in conjunction with the 
 Office for Civil Rights and Civil Liberties of the Department, 
 shall establish a Border Community Liaison Office (referred to 
 in this subsection as the `Liaison Office') in each U.S. Border 
 Patrol sector on the northern and southern borders of the 
 United States.
 ``

    (2) === Purposes ===
-Each Liaison Office shall--
 ``
        (A) foster cooperation between the U.S. Border 
 Patrol, U.S. Customs and Border Protection's Office of 
 Field Operations, U.S. Immigration and Customs 
 Enforcement, and border communities;
 ``
        (B) consult with border communities regarding the 
 development of policies, directives, and programs of 
 the U.S. Border Patrol and the Office of Field 
 Operations and U.S. Immigration and Customs 
 Enforcement; and
 ``
            (C) receive feedback from border communities 
 regarding the performance of the U.S. Border Patrol, 
 the Office of Field Operations, and U.S. Immigration 
 and Customs Enforcement.
 ``

    (3) Membership.--Each Liaison Office shall be comprised 
 of equal representation from the border community and U.S. 
 Customs and Border Protection and U.S. Citizenship and Customs 
 Enforcement, including not fewer than--
 ``
        (A) 1 member of the community in which each U.S. 
 Border Patrol sector is located who has expertise in 
 migration, local public safety, civil and human rights, 
 the local community, or community relations;
 ``
        (B) 1 member of an Indian tribe (as such term is 
 defined in 

section 4 of the Indian Self-Determination 
 and Education Assistance Act (25 U.S.C. 5304)) or a 
 tribal organization;
 ``
            (C) 1 Border Patrol processing coordinator with 
 significant experience working for the U.S. Border 
 Patrol;
 ``
            (D) 1 nonuniformed U.S. Customs and Border Patrol 
 officer with significant experience working for U.S. 
 Customs and Border Protection; and
 ``
        (E) 1 Enforcement and Removal Operations agent 
 with significant experience working for U.S. 
 Immigration and Customs Enforcement.''.

    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 (Public Law 107-296) is amended by inserting after 
the item relating to 

section 405 the following new item:

``

Sec. 406. Ombudsman for Border and Immigration-Related Concerns.''.

SEC. 4. TRAINING AND CONTINUING EDUCATION.

    (a) Mandatory Training and Continuing Education To Promote CBP 
Agent and Officer Safety and Professionalism.--

    (1) Policies and guidelines.--The Secretary of Homeland 
 Security shall establish policies and guidelines to ensure that 
 all U.S. Customs and Border Protection agents and officers 
 receive a minimum of--
        (A) 19 weeks of training for employees of U.S. 
 Customs and Border Protection's Office of Field 
 Operations, and 23 weeks of training for employees of 
 the U.S. Border Patrol, that--
            (i) is directly related to the mission of 
 the U.S. Border Patrol and U.S. Customs and 
 Border Protection's Office of Field Operations 
 before the initial assignment of such agents 
 and officers; and
            (ii) is in alignment with curriculum 
 developed and endorsed by FLETC; and
        (B) 8 hours of training and continuing education 
 annually after the completion of the training referred 
 to in subparagraph
        (A) .

    (2) Trainers.--The training and continuing education 
 described in paragraph

    (1) shall be conducted by attorneys 
 who--
        (A) have experience with the Fourth Amendment to 
 the United States Constitution, including appropriate 
 application of the use of force by agents and officers 
 of U.S. Customs and Border Protection; and
        (B) are members of the Department of Homeland 
 Security's Office of General Counsel.

    (b) FLETC.--The Secretary of Homeland Security shall establish 
policies and guidelines governing training with FLETC and continuing 
education of agents and officers of U.S. Customs and Border Protection 
and U.S. Immigration and Customs Enforcement regarding border 
awareness, accountability, and oversight. Such training with FLETC 
shall include individual courses regarding--

    (1) community relations, including--
        (A) best practices in community policing;
        (B) best practices to adhere to policies limiting 
 the location of enforcement and cooperation with local 
 law enforcement; and
            (C) best practices in responding to grievances, 
 including how to refer complaints to the Ombudsman for 
 Border and Immigration-Related Concerns in accordance 
 with 

section 406 of the Homeland Security Act of 2002, 
 as added by 

section 3;

    (2) interdiction, including--
        (A) instruction regarding formal and proper command 
 language;
        (B) situational awareness of what language is 
 appropriate in a given situation;
            (C) policies and guidelines regarding the legal 
 application of use of force;
            (D) policies and training scenarios necessary to 
 ensure the safety of the agent or officer and the 
 surrounding community during interventions in urban 
 areas, including--
            (i) scenario-based training and guidelines; 
 and
            (ii) non-lethal force training and 
 certification on at least 1 non-lethal force 
 instrument, including electronic control 
 weapons; and
        (E) policies necessary to ensure the safety of the 
 agent or officer and the surrounding community during 
 interventions in rural and remote locations;

    (3) vulnerable populations, including instruction on 
 screening, identifying, and responding to vulnerable 
 populations, such as children, victims of human trafficking, 
 victims of trauma, and the acutely ill;

    (4) cultural and societal issues, including--
        (A) understanding the diversity of immigrant 
 communities;
        (B) language and basic cultural awareness of major 
 migrant-sending countries;
            (C) natural resource protection and environmental 
 policies along the United States border;
            (D) privacy considerations regarding border-related 
 technologies; and
        (E) the history and ethics of asylum law; and

    (5) standards of professional conduct, including--
        (A) the lawful 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) respect for civil rights and the protection of 
 the well-being of individuals;
        (E) non-racially biased questioning techniques; and
        (F) de-escalation tactics and alternatives to the 
 use of force.
            (c) Supervisor Training.--In addition to the training and 
continuing education required to be established under subsections

    (a) and

    (b) , the Secretary of Homeland Security shall establish policies 
and guidelines governing the continuing education of agents and 
officers of U.S. Customs and Border Protection and U.S. Immigration and 
Customs Enforcement in supervisory or management positions, including--

    (1) instruction relating to management and leadership best 
 practices;

    (2) refresher instruction or in-service training relating 
 to legal application of use of force policies and guidelines, 
 intervention, community relations, and professional conduct; 
 and

    (3) mitigation training to identify, diagnose, and address 
 issues within such supervisory and management roles.
            (d) 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 receive annual evaluations regarding--

    (1) their actions and standards of conduct; and

    (2) the actions, situational and educational development, 
 and standards of conduct of their staffs.

    (e) Continuing Education.--

    (1) In general.--The Secretary of Homeland Security shall 
 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 annual continuing education to maintain and 
 update their 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) Subject matters.--Continuing education under this 
 subsection shall include training courses on--
        (A) protecting the civil, constitutional, human, 
 and privacy rights of individuals, with special 
 emphasis on the scope of enforcement authority, 
 including--
            (i) chain of evidence practices and 
 document seizure; and
            (ii) use of force policies available to 
 agents and officers;
        (B) the scope of authority of agents and officers 
 to conduct immigration enforcement activities, 
 including interviews, interrogations, stops, searches, 
 arrests, and detentions, in addition to identifying and 
 detecting fraudulent documents;
            (C) identifying, screening, and responsibility for 
 vulnerable populations, such as children and victims of 
 trafficking; and
            (D) cultural and societal issues, including--
            (i) the diversity of immigrant communities;
            (ii) language and basic cultural awareness 
 of major migrant-sending countries; and
            (iii) natural resource protection and 
 environmental policies along the United States 
 border.

    (3) Administration.--Courses offered under this 
 subsection--
        (A) shall be administered in consultation with 
 FLETC by the individual U.S. Border Patrol sectors and 
 U.S. Customs and Border Protection's Office of Field 
 Operations of the Department of Homeland Security in 
 order to provide such sectors' field offices with 
 flexibility to design or tailor such courses to the 
 specific needs and conditions of each such sector and 
 field office; and
        (B) shall be approved in advance by the Secretary 
 of Homeland Security to ensure that such courses 
 satisfy the requirements for training under this 
 section.

    (4) Rotation.--Courses offered as part of continuing 
 education under this subsection shall include--
        (A) an annual course focusing on the curriculum 
 described in paragraph

    (2)
        (A) ;
        (B) a triennial course focusing on curriculum 
 described in paragraph

    (2)
        (B) ;
            (C) a triennial course focusing on curriculum 
 described in paragraph

    (2)
            (C) ; and
            (D) a triennial course focusing on curriculum 
 described in paragraph

    (2)
            (D) .

    (f) Assessment.--Not later than 6 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives that assesses the training and 
education, including continuing education, required under this section.

SEC. 5. MANAGEMENT OF PORTS OF ENTRY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
a report to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives that contains an assessment of the standards and 
guidelines for managing ports of entry under the control of the 
Department of Homeland Security, including information regarding--

    (1) staffing levels and the need for additional staffing;

    (2) the rules governing the actions of officers of U.S. 
 Customs and Border Protection's Office of Field Operations;

    (3) average delays for transit through land ports of entry;

    (4) existing efforts and technologies used for border 
 security, including the impact of such efforts and technologies 
 on--
        (A) facilitating trade at ports of entry; and
        (B) civil rights, private property rights, privacy 
 rights, and civil liberties;

    (5) the economic impact of the policies and practices of 
 U.S. Customs and Border Protection agricultural specialists and 
 U.S. Customs and Border Protection's Office of Field Operations 
 personnel;

    (6) physical infrastructure and technological needs at 
 ports of entry;

    (7) a plan for increasing the number of U.S. Customs and 
 Border Protection's Office of Field Operations officers 
 certified as emergency medical technicians and the number of 
 medical professionals assigned to land ports of entry; and

    (8) a plan for increasing access to land ports of entry 
 that takes into account asylum seekers, victims of trafficking, 
 unaccompanied children, and other vulnerable populations.

    (b) Updates.--Based upon the information and assessment contained 
in the report required under subsection

    (a) , the Secretary of Homeland 
Security shall establish updated guidelines and standards for managing 
ports of entry under the control of the Department of Homeland Security 
to address any identified needs or shortcomings at such ports of entry, 
including, if applicable--

    (1) increasing the number of U.S. Customs and Border 
 Protection agricultural specialists at ports of entry at which 
 delays hinder or negatively impact the local or national 
 economies;

    (2) updating or increasing the use of technology at ports 
 of entry at which there are average delays exceeding 2 hours 
 based on U.S. Customs and Border Protection data collected 
 during the previous fiscal year;

    (3) publishing rules regarding document handling at ports 
 of entry;

    (4) establishing standards of conduct and demeanor when 
 interacting with individuals with border crossing cards and 
 vulnerable populations, such as children, victims of human 
 trafficking, victims of trauma, and the acutely ill; and

    (5) establishing training courses relating to management 
 and leadership skills for supervisors and managers at ports of 
 entry.

SEC. 6. BORDER ENFORCEMENT ACCOUNTABILITY AND TRANSPARENCY.

    (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) 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 immigration laws and regulations; and
        (B) that is not located at a port of entry along an 
 international border of the United States.

    (3) Law enforcement official.--The term ``law enforcement 
 official'' means--
        (A) an agent or officer of U.S. Customs and Border 
 Protection; or
        (B) 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.

    (4) 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.

    (5) Primary inspection.--The term ``primary inspection'' 
 means an initial inspection of a vehicle or individual at a 
 checkpoint.

    (6) 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 Enforcing United 
States Laws and Regulations and Making Border Security Stops.--

    (1) Requirement for data collection regarding stops and 
 searches.--A law enforcement official who initiates a patrol 
 stop or who detains any individual beyond a brief and limited 
 inquiry, such as a primary inspection at a checkpoint, shall 
 record--
        (A) the date, time, and location of the contact;
        (B) the identifying characteristics of such 
 individual, including the individual's perceived race, 
 gender, ethnicity, and approximate age;
            (C) a description of any items seized during such 
 search, including contraband or money, and a 
 specification of the type of search conducted;
            (D) whether any arrest, detention, warning, or 
 citation resulted from such contact;
        (E) the immigration status of the individual, only 
 if obtained during the ordinary course of the contact 
 without additional questioning in accordance with this 
 section;
        (F) if the contact involved an individual whose 
 primary language of communication is not English, the 
 means of communication used;
        (G) whether a body-worn camera or any other video 
 or audio recording exists that recorded the stop or 
 detention; and
        (H) if the contact was initiated by a State or 
 local law enforcement agency of a State, whether such 
 agency was acting 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.

    (2) Requirement for u.s. customs and border protection data 
 collection regarding checkpoints.--The Commissioner of U.S. 
 Customs and Border Protection shall collect data regarding--
        (A) the number of permanent and temporary 
 checkpoints utilized by agents and officers of U.S. 
 Customs and Border Protection;
        (B) the location of each such checkpoint;
            (C) the dates on which a temporary checkpoint was 
 used; and
            (D) a description of each such checkpoint, 
 including the presence of any other law enforcement 
 agencies and the use of law enforcement resources, such 
 as canines and surveillance technologies, including 
 license plate readers.

    (3) Rulemaking.--Not later than 180 days after the date of 
 the enactment of this Act, the Secretary of Homeland Security, 
 in consultation with stakeholders, including research, civil, 
 and human rights organizations, shall promulgate regulations 
 relating to the collection and reporting of data required under 
 paragraphs

    (1) and

    (2) . Such regulations shall--
        (A) specify all data to be reported; and
        (B) provide standards, definitions, and technical 
 specifications to ensure uniform reporting.

    (4) Compilation of data.--
        (A) Department of homeland security law enforcement 
 officials.--The Secretary of Homeland Security shall--
            (i) compile the data collected under 
 paragraph

    (1) by agents and officers of U.S. 
 Customs and Border Protection and the data 
 collected under paragraph

    (2) by the 
 Commissioner of U.S. Customs and Border 
 Protection; and
            (ii) determine--
            (I) whether any complaint was made 
 by the individual subject to the 
 contact under paragraph

    (1) ; and
            (II) which oversight component 
 within or outside of the Department of 
 Homeland Security investigated the 
 complaint.
        (B) Other law enforcement officials.--The head of 
 each agency, department, or other entity that employs 
 law enforcement officials other than agents and 
 officers referred to in subparagraph
        (A) shall--
            (i) compile the data collected by such law 
 enforcement officials pursuant to paragraph

    (1) ; and
            (ii) submit the compiled data to the 
 Secretary of Homeland Security.

    (5) Use of data.--The Secretary of Homeland Security shall 
 consider the data compiled pursuant to paragraph

    (4) in making 
 policy and program decisions.

    (6) Audit and report.--Not later than 1 year after the 
 effective date of the regulations promulgated pursuant to 
 paragraph

    (3) , the Comptroller General of the United States 
 shall--
        (A) conduct an audit of the data compiled under 
 paragraph

    (4) to determine whether law enforcement 
 officials are complying with the data collection 
 requirements under paragraph

    (1) ; and
        (B) submit a report to Congress that contains a 
 summary of the findings of such audit.
            (c) Annual Report.--

    (1) Requirement.--Not later than 1 year after the date of 
 the enactment of this Act and annually thereafter, the 
 Secretary of Homeland Security shall submit a report to 
 Congress containing the data compiled under subsection

    (b)

    (3) , 
 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 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 pursuant to subsection

    (b)

    (3) shall be made available to the public to the extent the 
 release of such data is permissible under Federal law.

SEC. 7. REPORTING REQUIREMENTS.

    (a) Annual CBP Report on Mission and Personnel by Border Patrol 
Sector.--Not later than 1 year after the date of the enactment of this 
Act and annually thereafter, the Commissioner of U.S. Customs and 
Border Protection shall submit a report to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives that includes, for 
each Border Patrol sector--

    (1) an assessment of the most appropriate, practical, and 
 cost effective means of defending the land borders of the 
 United States against threats to security and illegal transit, 
 including intelligence capacities, technology, equipment, 
 personnel, and training needed to address security 
 vulnerabilities;

    (2) an assessment of staffing needs for all border security 
 functions, including an assessment of efforts to take into 
 account asylum seekers, trafficking victims, unaccompanied 
 children, and other vulnerable populations;

    (3) a description of--
        (A) the border security roles and missions of 
 Federal, State, regional, Tribal, and local 
 authorities; and
        (B) recommendations regarding actions the 
 Commissioner could carry out to improve coordination 
 with such authorities to enable border security 
 activities to be carried out in a more efficient and 
 effective manner;

    (4) a description of ways to ensure that the free flow of 
 travel and commerce is not diminished by efforts, activities, 
 and programs aimed at securing the land borders of the United 
 States; and

    (5) an impact assessment of the loss of trade and commerce 
 due to inadequate staffing at land ports of entry by U.S. 
 Customs and Border Protection agents and officers.

    (b) Annual Report on Migrant Deaths.--

    (1) CBP and ice.--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 a report to the Comptroller General of the 
 United States, the Committee on Homeland Security and 
 Governmental Affairs of the Senate, and the Committee on 
 Homeland Security of the House of Representatives regarding 
 deaths occurring along the United States-Mexico border, 
 including--
        (A) the number of documented migrant deaths;
        (B) a geographical breakdown of where such migrant 
 deaths occurred;
            (C) the cause of death for each migrant, to the 
 extent such information is available;
            (D) the extent to which border technology, physical 
 barriers, and enforcement programs have contributed to 
 such migrant deaths; and
        (E) 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.

    (2) GAO review.--Not later than 90 days after the 
 submission of each report required under paragraph

    (1) , the 
 Comptroller General of the United States shall review such 
 report to determine--
        (A) the validity of U.S. Customs and Border 
 Protection's and U.S. Immigration and Customs 
 Enforcement's statistical analyses of migrant deaths;
        (B) the extent to which U.S. Customs and Border 
 Protection and U.S. Immigration and Customs Enforcement 
 have adopted simple and low-cost measures, such as 
 water supply sites and rescue beacons, to reduce the 
 frequency of migrants deaths;
            (C) the extent to which U.S. Customs and Border 
 Protection and U.S. Immigration and Customs Enforcement 
 measure the effectiveness of its programs to address 
 the frequency of migrant deaths; and
            (D) the extent of data and information sharing and 
 cooperation among U.S. Customs and Border Protection, 
 U.S. Immigration and Customs Enforcement, State and 
 local law enforcement, foreign diplomatic and consular 
 posts, and nongovernmental organizations--
            (i) to accurately identify deceased 
 individuals;
            (ii) to notify family members of such 
 deaths; and
            (iii) to compare information to missing 
 persons registries.
            (c) GAO Report on Use of Force.--

    (1) In general.--Not later than 1 year after the date of 
 the enactment of this Act, the Comptroller General of the 
 United States shall conduct a study that examines the extent to 
 which U.S. Customs and Border Protection and U.S. Immigration 
 and Customs Enforcement have clarified use of force policies 
 and submit a report to Congress containing the results of such 
 study, which shall include--
        (A) the extent to which U.S. Customs and Border 
 Protection and U.S. Immigration and Customs Enforcement 
 have implemented new training tactics to improve use of 
 force policies, including how the use of force policies 
 conform to Department of Homeland Security and Federal 
 law enforcement best practices;
        (B) the extent to which U.S. Customs and Border 
 Protection and U.S. Immigration and Customs Enforcement 
 have identified additional or alternative weapons and 
 equipment to improve agents' and officers' abilities to 
 de-escalate confrontations, including protective gear;
            (C) efforts to review and enhance current training 
 and tactics related to use of force, and to implement 
 reforms to ensure that agents and officers are better 
 equipped to assess and respond to threats;
            (D) the extent to which U.S. Customs and Border 
 Protection and U.S. Immigration and Customs Enforcement 
 have established a stakeholder engagement framework to 
 better inform and enhance U.S. Customs and Border 
 Protection's use of force training;
        (E) the extent to which U.S. Customs and Border 
 Protection and U.S. Immigration and Customs Enforcement 
 have established metrics--
            (i) to track the effectiveness of use of 
 force training; and
            (ii) to ensure the reporting of all uses of 
 force for review to determine whether the force 
 used was justified and whether it could have 
 been avoided through different tactics or 
 training, better supervision, different tools, 
 adherence to policy, or changes in policy;
        (F) how U.S. Customs and Border Protection and U.S. 
 Immigration and Customs Enforcement could implement 
 best law enforcement practices to improve policies for 
 transparent communication with family members of 
 individuals injured or killed by U.S. Customs and 
 Border Protection or U.S. Immigration and Customs 
 Enforcement agent's and officer's use of force, 
 including--
            (i) updates on any pending investigations; 
 and
            (ii) policies for timely notification of 
 such injuries and deaths following such uses of 
 force to the Commissioner of U.S. Customs and 
 Border Protection or the Director of U.S. 
 Immigration and Customs Enforcement, the Joint 
 Intake Center of the Department of Homeland 
 Security, the Office of Inspector General of 
 the Department, the Office for Civil Rights and 
 Civil Liberties of the Department, the Offices 
 of Public Affairs of the Department, Congress, 
 and the applicable consulates, if appropriate;
        (G) how recommendations and requests made by agents 
 and officers of U.S. Customs and Border Protection and 
 U.S. Immigration and Customs Enforcement have been 
 received, reviewed, and, if possible, implemented into 
 the use of force policies and best practices of U.S. 
 Customs and Border Protection; and
        (H) the extent to which U.S. Customs and Border 
 Protection and U.S. Immigration and Customs Enforcement 
 electronically track personal searches and seizures of 
 personal items at the border, including an assessment 
 of how such information is used to inform U.S. Customs 
 and Border Protection and U.S. Immigration and Customs 
 Enforcement policies and procedures.

    (2) Implementation of gao 

=== findings ===
-
        (A) In general.--The Secretary of Homeland Security 
 shall direct the Commissioner of U.S. Customs and 
 Border Protection and the Director of U.S. Immigration 
 and Customs Enforcement to implement any 
 recommendations contained in the report required under 
 paragraph

    (1) .
        (B) Notification requirement.--If the Secretary of 
 Homeland Security fails to implement such 
 recommendations, the Secretary shall submit written 
 notification to the Committee on Homeland Security and 
 Governmental Affairs of the Senate, and the Committee 
 on Homeland Security of the House of Representatives 
 that explains why such recommendations have not been 
 implemented.
            (d) CBP Report on Use of Body-Worn Cameras.--

    (1) Defined term.--In this subsection, the term ``data'' 
 means video and audio footage captured by a body-worn camera 
 during its use.

    (2) In general.--Not later than 90 days after the date of 
 the enactment of this Act, the Commissioner of U.S. Customs and 
 Border Protection shall submit a report to the Committee on 
 Homeland Security and Governmental Affairs of the Senate, and 
 the Committee on Homeland Security of the House of 
 Representatives relating to the use, practices, and procedures 
 of body-worn cameras by U.S. Customs and Border Protection 
 agents and officers, including--
        (A) the number of body-worn cameras in active use 
 within U.S. Customs and Border Protection;
        (B) the location, broken down by station, in which 
 such body-worn cameras are in use;
            (C) the rank and position of the agents and 
 officers of U.S. Customs and Border Protection at each 
 such station who are assigned body-worn cameras;
            (D) the standing policies of U.S. Customs and 
 Border Protection regarding--
            (i) the storage of body-worn camera data, 
 including additional requirements or decisions 
 that are unique to a particular sector;
            (ii) the review of data from individual 
 body-worn cameras; and
            (iii) the request for review of data from 
 individual body-worn cameras by U.S. Customs 
 and Border Protection personnel or civilians;
        (E) the latest complaint reports from each sector 
 and location in which body-worn cameras are being used; 
 and
        (F) any existing plan to implement, on a permanent 
 basis, the use of body-worn cameras by officers and 
 agents of U.S. Customs and Border Protection.

    (3) GAO review.--Not later than 90 days after the 
 submission of the report required under paragraph

    (2) , the 
 Comptroller General of the United States shall review such 
 report to determine--
        (A) the extent to which U.S. Customs and Border 
 Protection has adopted measures related to body-worn 
 cameras; and
        (B) the effectiveness of U.S. Customs and Border 
 Protection use, practices, and procedures of body-worn 
 cameras by agents and officers.

    (e) Report on the Impact of Border Enforcement Technologies and 
Operations on Border Communities.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall submit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on the Judiciary of 
the Senate, the Committee on Homeland Security of the House of 
Representatives, and the Committee on the Judiciary of the House of 
Representatives that assesses--

    (1) the efforts and technologies used along United States 
 borders; and

    (2) the impact on border communities of such efforts and 
 technologies on civil rights, private property rights, privacy 
 rights, and civil liberties.

    (f) GAO Report on the Extent of CBP Activities, Operations, and 
Claimed Authority.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to the congressional committees referred to in 
subsection

    (e) that assesses--

    (1) the range of the current activities, operations 
 (including checkpoints), and claimed authority of U.S. Customs 
 and Border Protection;

    (2) the extent to which the range of activities, 
 operations, and claimed authority referred to in paragraph

    (1) is necessary for U.S. Customs and Border Protection's interior 
 enforcement; and

    (3) the impact of U.S. Customs and Border Protection's 
 interior enforcement and activities described in paragraphs

    (1) and

    (2) on civil, constitutional, and private property rights.

    (g) GAO Report on Feasibility of Establishment of Alternate 
Immigration Court System.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report, which shall be published and made 
available to the public, on the feasibility of establishing an 
immigration court system, outside the executive branch, composed of 
judges appointed for a fixed term with jurisdiction over cases arising 
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or 
any other immigration law of the United States. Such report shall 
include an analysis of the appeal process for such cases, the impact 
that such an immigration court system would have on the number of cases 
heard by each immigration judge and any backlog of such cases, barriers 
to the establishment of such an immigration court system, and 
recommendations relating to the establishment of such an court system.

SEC. 8. LIMITATION ON SEPARATION OF FAMILIES.

    (a) Prohibition on Separation.--An agent or officer of a designated 
law enforcement agency performing functions under the immigration laws 
(as defined in 

section 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)) may not remove a child from the parent or legal guardian 
of such child solely for the policy goal of--

    (1) deterring individuals from migrating to the United 
 States; or

    (2) promoting compliance with immigration laws (as defined 
 in 

section 101 of the Immigration and Nationality Act (8 U.S.C. 
 1101)).

    (b) Exception.--

    (1) In general.--An agent or officer of a designated law 
 enforcement agency performing functions under the immigration 
 laws (as defined in 

section 101 of the Immigration and 
 Nationality Act (8 U.S.C. 1101)) may remove a child from the 
 parent or legal guardian of such child, at or near a port of 
 entry or within 100 miles of a border of the United States, if 
 one of the following has been satisfied:
        (A) Any 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.
        (B) Any official from a State or county child 
 welfare agency makes a determination that it is in the 
 best interests of the child to be removed from the 
 parent or legal guardian because the child is in danger 
 of abuse or neglect at the hands of the parent or legal 
 guardian, or the child is a danger to himself or 
 herself or others.

    (2) Independent authorization required.--
        (A) In general.--In the case that a child is 
 removed from the parent or legal guardian of such child 
 pursuant to this subsection, not later than 48 hours 
 after such removal, the Secretary of Homeland Security 
 shall seek a determination from a qualified child 
 welfare expert on whether removal of the child from the 
 parent or legal guardian was permissible under this 
 subsection.
        (B) Results of determination.--If the qualified 
 child welfare expert does not make a determination that 
 the removal of the child from the parent or legal 
 guardian was permissible under this subsection, the 
 child shall be reunited with the parent or legal 
 guardian.
            (c) Cause of Action.--A parent or legal guardian of a child removed 
in violation of this section may bring an action against the Secretary 
of Homeland Security in a district court of the United States for 
injunctive relief.
            (d) Penalty for Family Separation.--Any person who knowingly 
removes a child from their parent or legal guardian in violation of 
this section, shall be fined not more than $10,000 per occurrence of 
such removal.

    (e) Documentation Required.--In the case that a child is removed 
from the parent or legal guardian of such child in accordance with this 
section, the Secretary of Homeland Security shall ensure that the 
parent or legal guardian of the child is provided documentation of such 
removal, including--

    (1) why the child was removed from the parent or guardian; 
 and

    (2) any evidence the Secretary has relating to removal of 
 the child from the parent or legal guardian.

    (f) 

=== Definitions. ===
-In this section:

    (1) Child welfare agency defined.--The term ``child welfare 
 agency'' means the State, territorial, or Tribal agency 
 responsible for child or family services and welfare.

    (2) Qualified child welfare expert.--The term ``qualified 
 child welfare expert'' means a child welfare expert licensed by 
 the State or county in which the child was removed from the 
 parent or legal guardian of such child and who is independent 
 of the U.S. Customs and Border Protection.

SEC. 9. RULE OF CONSTRUCTION.

 Nothing in this Act may be construed to limit the right any parent, 
legal guardian or child may have under law, including the settlement 
agreement in Ms. L. v. ICE, 18-cv-00428 (S.D. Cal. Dec. 11, 2023), or 
any tort remedy under chapter 171 of title 28, United States Code 
(commonly referred to as the ``Federal Tort Claims Act'') or other Act.
 <all>