[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 de