Bill Summary
This legislation, called the "Transparency and Oversight for Border and Immigration Enforcement Act", aims to increase transparency and accountability within the Department of Homeland Security. It establishes an independent ombudsman, who will report directly to the Secretary of Homeland Security and have a background in immigration law and law enforcement. The ombudsman's main functions include establishing a process to assist individuals in resolving complaints against US Customs and Border Protection and Immigration and Customs Enforcement, identifying and reviewing chronic issues within these agencies, and reviewing compliance with departmental policies and standards of care for custody of aliens.
The legislation also requires the ombudsman to submit an annual report to Congress detailing the number and types of complaints received, any patterns or violations of policies, and recommendations for improvement. It also establishes a Border Communities Liaison in each US Border Patrol sector to foster cooperation between the agencies and border communities.
The ombudsman is also responsible for establishing a Border Oversight Panel, composed of experts in immigration, community relations, and other relevant fields, to evaluate and make recommendations regarding the policies and programs of the Department operating along the northern and southern borders.
Additionally, the legislation requires the Secretary to ensure that the ombudsman's office is sufficiently staffed and resourced to carry out its duties effectively and to conduct yearly evaluations of training for agents and officers of the two agencies. The ombudsman is also tasked with developing recommendations for an electronic tracking system to monitor the location of separated children and for requiring the use of body-worn cameras by US Border Patrol agents and Immigration and Customs Enforcement officers.
Possible Impacts
1. The establishment of an Office of the Ombudsman for Border and Immigration Enforcement Related Concerns could provide a means for individuals to resolve complaints and concerns they may have with U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, promoting accountability and transparency within these agencies.
2. The requirement for the use of body-worn cameras by agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement during border security and immigration enforcement activities could promote accountability and potentially reduce the use of excessive force by these agents and officers.
3. The Border Oversight Panel, composed of individuals with expertise in community relations and civil and human rights, could provide recommendations to improve the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as well as the treatment of border communities and vulnerable populations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 2203
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2019
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND
IMMIGRATION ENFORCEMENT RELATED CONCERNS.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 711. OMBUDSMAN FOR BORDER AND IMMIGRATION ENFORCEMENT RELATED
CONCERNS.
``(a) In General.--Within the Department there shall be a position
of Ombudsman for Border and Immigration Enforcement Related Concerns
(in this section 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 law, civil rights,
and law enforcement.
``(b) Functions.--It shall be the function of the Ombudsman to--
``(1) in coordination with the Inspector General of the
Department, establish an independent, neutral, accessible,
confidential, and standardized process to assist individuals
(including aliens (as such term is defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)) in
resolving complaints with respect to U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, a
subcontractor, or a cooperating entity, which process shall
include a publicly accessible website through which a
complainant can check on the status of such a complaint;
``(2) identify and thereafter review, examine, and make
recommendations to the Secretary to address chronic issues
identified by the Ombudsman in carrying out the function
described in paragraph (1);
``(3) establish a Border Oversight Panel in accordance with
subsection (f); and
``(4) review compliance with departmental policies and
standards of care for custody of aliens by U.S. Immigration and
Customs Enforcement and U.S. Customs and Border Protection,
including any violations of applicable policy or standards of
care involving force-feeding.
``(c) Confidentiality.--The existence of a complaint, including the
identity of any Department employee implicated in a complaint, shall be
kept confidential by the Ombudsman and, 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 such individual. Such confidentiality requirement may not
be considered as a factor of whether or not information under this
subsection may be disclosed under section 552 of title 5, United Stated
Code (commonly referred to as the Freedom of Information Act).
``(d) Annual Reporting.--Not later than June 30 of each year
beginning in the year after the date of the enactment of this section,
the Ombudsman shall submit to the Committee on Homeland Security and
the Committee on the Judiciary of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report that includes, for
the previous year, the following:
``(1) The number and types of complaints received under
this section and for each complaint--
``(A) the component or subcomponent, subcontractor,
or cooperating entity identified;
``(B) the demographics of the complainant; and
``(C) a description of the resolution of the
complaint or the status of the resolution process.
``(2) Any complaint pattern that could be prevented or
reduced by policy training or practice changes.
``(3) A description of any pattern of violations of any
applicable policy or standards.
``(4) A description of each complaint received under this
section with respect to which U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, a
subcontractor, or a cooperating entity, as applicable, has
taken action to resolve, and the time between receipt and
resolution of each such complaint.
``(5) A description of complaints received under this
section for which action has not been taken after one year, and
the period during which each complaint has been open.
``(6) Recommendations the Ombudsman has made under
subsection (b)(2).
``(7) Other information, as determined appropriate by the
Ombudsman.
``(e) Appointment of Border Communities Liaison.--
``(1) In general.--The Ombudsman, in conjunction with the
Office for Civil Rights and Civil Liberties of the Department,
shall appoint a Border Community Liaison (in this subsection
referred to as the `Liaison') in each U.S. Border Patrol sector
on the northern and southern borders. Each Liaison shall report
to the Ombudsman.
``(2) Purposes.--Each Liaison appointed under this
subsection shall--
``(A) foster cooperation between U.S. Customs and
Border Protection, U.S. Immigration and Customs
Enforcement, and border communities;
``(B) consult with border communities on the
development of policies, directives, and programs of
U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement;
``(C) receive feedback from border communities on
the performance of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement; and
``(D) submit to the Ombudsman an annual report
detailing their findings, feedback received from border
communities, and recommendations to increase
cooperation between U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement, and border
communities.
``(f) Border Oversight Panel.--
``(1) Establishment.--The Ombudsman shall establish a
Border Oversight Panel (in this subsection referred to as the
`Panel').
``(2) Composition.--
``(A) In general.--The Panel shall be composed of
30 members selected by the Ombudsman.
``(B) Chairperson.--The Ombudsman shall be the
chair of the Panel.
``(C) Expertise.--Members of the Panel shall have
expertise in immigration, local crime indices, civil
and human rights, community relations, cross-border
trade and commerce, quality of life indicators, or
other experience the Ombudsman determines is
appropriate, and shall include individuals who reside
in or near border counties.
``(3) Duties.--The Panel shall evaluate and make
recommendations regarding the border enforcement policies,
strategies, and programs of the Department operating along the
northern and southern borders of the United States to--
``(A) take into consideration the impact of such
policies, strategies, and programs on border
communities, including protecting due process, civil
and human rights of border residents and visitors, and
private property rights of land owners;
``(B) uphold domestic and international legal
obligations;
``(C) reduce the number of migrant deaths; and
``(D) improve the safety of agents and officers of
U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement.
``(g) Staffing.--The Secretary shall take appropriate action to
ensure the Ombudsman's office is sufficiently staffed and resourced to
carry out its duties effectively and efficiently.
``(h) Training.--
``(1) In general.--The Ombudsman shall conduct a yearly
evaluation of all training given to agents and officers of U.S.
Customs and Border Protection and U.S. Immigration and Customs
Enforcement.
``(2) Contents.--Each evaluation under paragraph (1) shall
include whether the training referred to in such paragraph
adequately addresses 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 places or events, courthouses or other civic
buildings providing services accessible to the public,
hospitals, medical treatment or health care facilities,
public demonstrations, and attorney's offices
(including a public defender or legal aid offices).
``(B) Policies for operating in locations where
there are limitations on cooperation by local law
enforcement.
``(C) 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.
``(D) Standards of professional and ethical
conduct, including the following:
``(i) Lawful use of force, de-escalation
tactics, and alternatives to the use of force.
``(ii) Complying with chain of command and
lawful orders.
``(iii) Conduct and ethical behavior toward
the public in a civil and professional manner.
``(iv) Civil rights and legal protections
for nationals of the United States and aliens.
``(v) Non-biased questioning.
``(vi) Sensitivity towards lesbian, gay,
bisexual, transgender, and queer individuals.
``(vii) Permissible and impermissible
social media activity.
``(viii) Sexual and other harassment and
assault, including an assessment of whether
adequate policies exist to resolve complaints.
``(E) 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.
``(F) Maintaining and updated understanding of
Federal legal rulings, court decisions, and Department
policies and procedures.
``(G) The scope of agents' and officers' authority
to conduct immigration enforcement activities,
including interviews, interrogations, stops, searches,
arrests, and detentions, in addition to identifying and
detecting fraudulent documents.
``(3) Recommendations.--Not later than 90 days after
conducting each evaluation under paragraph (1), the Ombudsman
shall develop, and submit to the Secretary, recommendations
regarding any additional training.
``(4) Feedback.--Not later than 180 days after receiving
recommendations transmitted by the Ombudsman, the Secretary
shall respond publicly and in writing with feedback on each of
the recommendations, an action plan to implement any of such
recommendations with which the Secretary concurs, and a
justification for why any of such recommendations have been
rejected.
``(i) Electronic Tracking.--
``(1) In general.--The Ombudsman, in coordination with the
Commissioner of U.S. Customs and Border Protection, the
Director of U.S. Immigration and Customs Enforcement, and the
Office of Refugee Resettlement of the Department of Health and
Human Services, shall develop recommendations for the
establishment of an electronic tracking number system on a
single interface, which shall be used to track the location of
a child who has been separated from a parent, legal guardian,
or other relative of such child, and which shall be accessible
to agents and officers of U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement, and the Office of
Refugee Resettlement.
``(2) Tracking number.--The recommendations developed under
this subsection shall consider how a tracking number can be
assigned to a child who has been separated from a parent, legal
guardian, or other relative of such child that--
``(A) is transferrable;
``(B) may be shared easily on the electronic
tracking system described in this subsection by agents
and officers of--
``(i) U.S. Customs and Border Protection;
``(ii) U.S. Immigration and Customs
Enforcement; and
``(iii) the Office of Refugee Resettlement
of the Department of Health and Human Services;
and
``(C) is interoperable with the electronic location
records of a parent, legal guardian, or other relative
of such child.
``(j) Body-worn Cameras.--
``(1) Requirement.--Not later than 120 days after the date
of the enactment of this section, the Ombudsman, in
coordination with the Commissioner of U.S. Customs and Border
Protection, the Director of U.S. Immigration and Customs
Enforcement, and labor organizations representing agents and
officers of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement, 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 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 such agents and
officers are engaged in border security or immigration
enforcement activities.
``(2) Elements.--The plan required under paragraph (1)
shall include the following:
``(A) Benchmarks for implementation of the use of
body-worn cameras within U.S. Customs and Border
Protection and U.S. Immigration and Customs
Enforcement.
``(B) Policies, procedures, and training modules
for the use of body-worn cameras by agents and officers
of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement, including training
modules relating to the appropriate use of such cameras
and adverse action for non-compliance.
``(C) Mechanisms to ensure compliance with body-
worn camera policies and procedures.
``(3) Considerations.--The plan required under paragraph
(1) shall be informed by--
``(A) existing State and local policies requiring
the use of body-worn cameras; and
``(B) principles regarding body-worn cameras
published by major civil and human rights
organizations.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by adding after the item relating to
section 710 the following new item:
``Sec. 711. Ombudsman for Border and Immigration Enforcement Related
Concerns.''.
Passed the House of Representatives September 25, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.