[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2691 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2691
To establish the position of Ombudsman for Border and Immigration
Enforcement Related Concerns in the Department of Homeland Security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 24, 2019
Mr. Udall (for himself, Ms. Harris, Mr. Wyden, Mr. Blumenthal, Mr.
Heinrich, Mr. Merkley, Mr. Booker, and Ms. Warren) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish the position of Ombudsman for Border and Immigration
Enforcement Related Concerns in the Department of Homeland Security.
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:
``SEC. 711. OMBUDSMAN FOR BORDER AND IMMIGRATION ENFORCEMENT RELATED
CONCERNS.
``(a) In General.--There is established within the Department the
position of Ombudsman for Border and Immigration Enforcement Related
Concerns (referred to in this section as the `Ombudsman'), who shall--
``(1) be independent of Department agencies and officers
(except for the Secretary);
``(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--
``(1) in coordination with the Inspector General of the
Department, to establish an independent, neutral, accessible,
confidential, and standardized process--
``(A) to assist individuals, including aliens (as
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; and
``(B) that includes a publicly accessible website
through which a complainant can check on the status of
such a complaint;
``(2) to 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) to establish a Border Oversight Panel in accordance
with subsection (f); and
``(4) to review compliance with policies and standards of
the Department for the 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.--
``(1) In general.--The existence of a complaint, including
the identity of any Department employee implicated in a
complaint, shall be kept confidential by the Ombudsman. 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.
``(2) FOIA disclosures.--The confidentiality requirement
under paragraph (1) may not be considered as a factor in
determining whether information under this subsection may be
disclosed under section 552 of title 5, United States Code
(commonly referred to as the `Freedom of Information Act').
``(d) Annual Reporting.--Not later than June 30 of the first
calendar year beginning after the date of the enactment of this
section, and annually thereafter, 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, for the
previous calendar year--
``(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 during the 1-year
period beginning on the date on which the complaint was
received, and the period during which each complaint has
remained open;
``(6) recommendations the Ombudsman has made under
subsection (b)(2); and
``(7) other information, as the Ombudsman determines
appropriate.
``(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 (referred to in this
subsection as a `Liaison') in each U.S. Border Patrol sector on
the northern and southern borders of the United States. Each
Liaison shall report directly to the Ombudsman.
``(2) Purposes.--Each Liaison 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 an annual report to the Ombudsman that
details the findings of the Liaison, 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 (referred to in this subsection 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 serve as
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--
``(A) to 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) to uphold domestic and international legal
obligations;
``(C) to reduce the number of migrant deaths; and
``(D) to 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 that the Ombudsman's office has sufficient staff and resources
to effectively and efficiently carry out its duties under this section.
``(h) Training.--
``(1) In general.--The Ombudsman shall conduct an annual
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--
``(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--
``(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; and
``(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; and
``(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 needed by agents and officers
of U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement.
``(4) Feedback.--Not later than 180 days after receiving a
recommendation from the Ombudsman, the Secretary shall
provide--
``(A) a public, written response to the
recommendation; and
``(B)(i) if the Secretary concurs with the
recommendation, an action plan to implement the
recommendation; or
``(ii) if the Secretary rejects the recommendation,
a justification for such rejection.
``(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 transferable;
``(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 a plan 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 for requiring, not later than 1 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--
``(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; and
``(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 in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 710 the following:
``Sec. 711. Ombudsman for Border and Immigration Enforcement Related
Concerns.''.
<all>
A bill to establish the position of Ombudsman for Border and Immigration Enforcement Related Concerns in the Department of Homeland Security.
#2691 | S Congress #116
Policy Area: Immigration
Subjects: Administrative remediesAdvisory bodiesAssault and harassment offensesBorder security and unlawful immigrationChild safety and welfareCongressional oversightDepartment of Homeland SecurityDue process and equal protectionEmployee performanceEmployment and training programsEvidence and witnessesExecutive agency funding and structureFamily relationshipsGovernment employee pay, benefits, personnel managementGovernment ethics and transparency, public corruptionGovernment information and archivesHuman rightsImmigrant health and welfareImmigration status and procedures
Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (10/24/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text