Homeland Security Improvement Act

I 117TH CONGRESS 1ST SESSION H. R. 3557 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 Cus- toms Enforcement, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 28, 2021 Ms. ESCOBAR (for herself, Mr. ESPAILLAT, and Ms. GARCIA of Texas) intro- duced the following bill; which was referred to the Committee on Home- land Security, and in addition to the Committees on the Judiciary, and Ways and Means, 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 en- gagement within the Department of Homeland Security, provide independent oversight of border security activi- ties, 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3557 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Homeland Security 2 Improvement Act’’. 3 SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 4 (a) DEPARTMENT OF HOMELAND SECURITY BORDER 5 OVERSIGHT COMMISSION.— 6 (1) ESTABLISHMENT.—There is established an 7 independent commission, which shall be known as 8 the ‘‘Department of Homeland Security Border 9 Oversight Commission’’ (in this Act referred to as 10 the ‘‘Commission’’). 11 (2) ORGANIZATION.— 12 (A) LEADERSHIP.—The Commission shall 13 be led by a Chair and Vice Chair. 14 (B) MEMBERSHIP.— 15 (i) IN GENERAL.—The Commission 16 shall be composed of 30 members, rec- 17 ommended by Congress, in consultation 18 with the President, who have expertise in 19 migration, local crime indices, civil and 20 human rights, community relations, cross- 21 border trade and commerce, quality of life 22 indicators, or other pertinent experience, of 23 whom— 24 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3557 IH (I) 13 members shall be from the 1 northern border region and shall in- 2 clude— 3 (aa) two local government 4 elected officials; 5 (bb) two local law enforce- 6 ment officials; 7 (cc) two civil rights advo- 8 cates; 9 (dd) one business represent- 10 ative; 11 (ee) one higher education 12 representative; 13 (ff) one representative of a 14 faith community; 15 (gg) two representatives of 16 the U.S. Border Patrol; and 17 (hh) two tribal officials; and 18 (II) 17 members shall be from 19 the southern border region and shall 20 include— 21 (aa) three local government 22 elected officials; 23 (bb) three local law enforce- 24 ment officials; 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3557 IH (cc) three civil rights advo- 1 cates; 2 (dd) two business represent- 3 atives; 4 (ee) one higher education 5 representative; 6 (ff) one representative of a 7 faith community; 8 (gg) two representatives of 9 the U.S. Border Patrol; and 10 (hh) two tribal officials. 11 (ii) CHAIR, VICE CHAIR.—The mem- 12 bers of the Commission shall elect a Chair 13 and a Vice Chair from among its members 14 by a majority vote of at least 16 members. 15 (iii) TERMS OF SERVICE.—The Chair 16 and Vice Chair of the Commission shall 17 serve for terms of four years. Members of 18 the Commission shall serve for terms of 19 four years. 20 (iv) APPOINTMENT DEADLINE.—Mem- 21 bers of the Commission shall be appointed 22 not later than 180 days after the date of 23 the enactment of this Act. 24 (3) MEETINGS.— 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3557 IH (A) COMMISSION.—The Commission shall 1 meet at least semiannually, and may convene 2 additional meetings as necessary. 3 (B) SUBCOMMITTEES.—The northern bor- 4 der and southern border subcommittees shall 5 meet at least quarterly, and may convene addi- 6 tional meetings as necessary. 7 (4) DUTIES.—The Commission, and the north- 8 ern border and southern border subcommittees, 9 shall— 10 (A) develop recommendations for improve- 11 ments regarding border enforcement policies, 12 strategies, and programs that take into consid- 13 eration their impact on border communities; 14 (B) evaluate policies, strategies, and pro- 15 grams of Federal agencies operating along the 16 northern and southern borders to— 17 (i) protect— 18 (I) due process; 19 (II) the civil and human rights of 20 border residents and visitors; and 21 (III) private property rights of 22 land owners; 23 (ii) reduce the number of migrant 24 deaths; and 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3557 IH (iii) improve the safety of agents and 1 officers of U.S. Customs and Border Pro- 2 tection and U.S. Immigration and Customs 3 Enforcement; 4 (C) develop recommendations for improve- 5 ments regarding the safety of agents and offi- 6 cers of U.S. Customs and Border Protection 7 and U.S. Immigration and Customs Enforce- 8 ment when such agents and officers are in the 9 field; and 10 (D) evaluate training, including estab- 11 lishing training courses related to management 12 and leadership skills for supervisors in each 13 U.S. Border Patrol sector, at each port of entry 14 on the northern and southern borders, and at 15 each U.S. Immigration and Customs Enforce- 16 ment field office and the extent to which super- 17 visory and management personnel practices at 18 U.S. Customs and Border Protection and U.S. 19 Immigration and Customs Enforcement encour- 20 age and facilitate workforce development for 21 agents and officers, promote agent and officer 22 field safety, and post-FLETC training of border 23 enforcement personnel in accordance with sec- 24 tion 6. 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3557 IH (5) ADDITIONAL RESPONSIBILITIES.— 1 (A) IN GENERAL.—In carrying out the du- 2 ties specified in paragraph (5), the Commission 3 shall take into consideration any recommenda- 4 tions and evaluations agreed upon by the north- 5 ern border and southern border subcommittees. 6 (B) SUBCOMMITTEE REPORTS.—The 7 northern border and southern border sub- 8 committees shall annually submit to the Chair 9 and Vice Chair of the Commission a publicly 10 available report containing the recommenda- 11 tions and evaluations of the subcommittees pur- 12 suant to paragraph (5). 13 (6) PROHIBITION ON COMPENSATION.—Mem- 14 bers of the Commission and the northern border and 15 southern border subcommittees may not receive pay, 16 allowances, or benefits from the Government by rea- 17 son of their service on the Commission or the sub- 18 committees. 19 (b) HEARINGS AND EVIDENCE.—The Commission or, 20 on the authority of the Commission, any subcommittee or 21 member thereof, may, for the purpose of carrying out this 22 Act hold such hearings, and sit and act at such times and 23 places, take such testimony, receive such evidence, and ad- 24 minister such oaths as the Commission or such designated 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3557 IH subcommittee or designated member determines necessary 1 to carry out its duties under subsection (a)(5). 2 (c) SAVINGS PROVISION.—Nothing in this Act may 3 be construed as affecting in any manner the investigative 4 and disciplinary procedures of U.S. Customs and Border 5 Protection, U.S. Immigration and Customs Enforcement, 6 or the Department of Homeland Security with respect to 7 agents and officers of U.S. Customs and Border Protec- 8 tion or U.S. Immigration and Customs Enforcement. 9 (d) REPORTS.— 10 (1) ANNUAL REPORTS.—The Commission shall 11 annually submit to the Secretary of Homeland Secu- 12 rity a publicly available report containing informa- 13 tion on the activities, findings, and recommendations 14 of the Commission, including the northern border 15 and southern border subcommittees, for the pre- 16 ceding year. 17 (2) CONGRESSIONAL NOTIFICATION.—The Sec- 18 retary of Homeland Security shall brief the Com- 19 mittee on Homeland Security and the Committee on 20 the Judiciary of the House of Representatives and 21 the Committee on Homeland Security and Govern- 22 mental Affairs and the Committee on the Judiciary 23 of the Senate on each report required under para- 24 graph (1). 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3557 IH SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS- 1 MAN FOR BORDER AND IMMIGRATION RE- 2 LATED CONCERNS. 3 (a) IN GENERAL.—Section 452 of the Homeland Se- 4 curity Act of 2002 (6 U.S.C. 272) is amended to read 5 as follows: 6 ‘‘SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION 7 RELATED CONCERNS. 8 ‘‘(a) IN GENERAL.—There shall be within the De- 9 partment an Ombudsman for Border and Immigration Re- 10 lated Concerns (in this section referred to as the ‘Ombuds- 11 man’). The individual appointed as Ombudsman shall have 12 a background in immigration or civil liberties law or law 13 enforcement. The Ombudsman shall report directly to the 14 Secretary. 15 ‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec- 16 retary shall take appropriate action to ensure the inde- 17 pendence of the Ombudsman’s office from other officers 18 or employees of the Department engaged in border secu- 19 rity or immigration activities. 20 ‘‘(c) STAFFING.—The Secretary shall take appro- 21 priate action to ensure that the Ombudsman’s office is 22 sufficiently staffed and resourced to carry out its duties 23 effectively and efficiently. 24 ‘‘(d) FUNCTIONS.—The functions of the Ombudsman 25 shall be as follows: 26 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3557 IH ‘‘(1) To establish an independent, neutral, and 1 appropriately confidential process to receive, inves- 2 tigate, resolve, and provide redress, including immi- 3 gration relief, monetary damages, or any other ac- 4 tion determined appropriate, for complaints, griev- 5 ances, or requests for assistance from individuals, 6 associations, and employers regarding the border se- 7 curity and immigration activities of the Department. 8 ‘‘(2) To conduct inspections of the facilities, in- 9 cluding privately-owned or operated contract facili- 10 ties, of U.S. Customs and Border Protection, U.S. 11 Immigration and Customs Enforcement, and United 12 States Citizenship and Immigration Services. 13 ‘‘(3) To assist individuals and families who 14 have been victims of crimes committed by aliens un- 15 lawfully present in the United States or of violence 16 near the United States border, and individuals and 17 families impacted by situations in which the Depart- 18 ment has exercised force against an individual, in- 19 cluding by use of a firearm, taser, explosive device, 20 chemical agent, baton, projectile, blunt instrument, 21 body part, canine, or vehicle. 22 ‘‘(4) To identify areas in which individuals, as- 23 sociations, and employers have identified concerns 24 with respect to interacting with U.S. Customs and 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3557 IH Border Protection, U.S. Immigration and Customs 1 Enforcement, or United States Citizenship and Im- 2 migration Services. 3 ‘‘(5) To propose changes in the administrative 4 practices of U.S. Customs and Border Protection, 5 U.S. Immigration and Customs Enforcement, and 6 United States Citizenship and Immigration Services 7 to mitigate problems identified under this section. 8 ‘‘(6) To review, examine, and make rec- 9 ommendations regarding the border security and im- 10 migration and enforcement activities of U.S. Cus- 11 toms and Border Protection, U.S. Immigration and 12 Customs Enforcement, and United States Citizen- 13 ship and Immigration Services. 14 ‘‘(7) To establish a uniform and standardized 15 complaint process regarding complaints against any 16 individual employed by U.S. Customs and Border 17 Protection or U.S. Immigration and Customs En- 18 forcement for violations of standards of professional 19 conduct. Such complaint process shall have the fol- 20 lowing components: 21 ‘‘(A) Require that all complaints receive an 22 independent review and investigation completed 23 not later than one year from the date of receipt 24 of each such complaint. 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3557.IH H3557 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3557 IH ‘‘(B) Require that complainants receive 1 written confirmation of receipt of their com- 2 plaints not later than 60 days from the date of 3 receipt of each such complaint, and a written 4 summary regarding the outcome of such com- 5 plaints not later than 30 days after the review 6 and investigation under subparagraph (A) is 7 complete, including findings of fact, rec- 8 ommended action, and available redress. 9 ‘‘(C) Feature a centralized multilingual on- 10 line complaint form that includes street ad- 11 dress, toll-free telephone number, and electronic 12 mailbox address to permit an individual to file 13 an immigration or border-related complaint and 14 submit supporting evidence through the portal 15 of choice of any such individual. Multilingual 16 information relating to such form shall be visi- 17 ble at ports of entry and at U.S. Border Patrol 18 interior checkpoints. 19 ‘‘(D) Include procedures for referring com- 20 plaints to the Office for Civil Rights and Civil 21 Liberties, Office of the Inspector General, or 22 other appropriate agency of the Department. 23 ‘‘(E) Establish a publicly accessible na- 24 tional, standardized database capable of track- 25 VerDate Sep 11 2014 05:43 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00012 [Text truncated for display. Full text available on Congress.gov.]