,,ii #aafth ,,congress #ast ,session ,s4 #bfia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bd1 #bjai,mr4 ,udall 7for himself1 ,ms4 ,harris1 ,mr4 ,wyden1 ,mr4 ,blumenthal1 ,mr4 ,heinrich1 ,mr4 ,merkley1 ,mr4 ,booker1 and ,ms4 ,warren7 introduced the following bill2 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 ,security4 #a4 ,establishment of the ,office of the ,ombudsman for ,border and ,immigration ,enforcement ,related ,concerns 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following3 #gaa4 ,ombudsman for ,border and ,immigration ,enforcement ,related ,concerns 7a7 ,in general ,there is established within the ,department the position of ,ombudsman for ,border and ,immigration ,enforcement ,related ,concerns 7referred to in this section as the ,ombudsman71 who shall-- 7#a7 be independent of ,department agencies and officers 7except for the ,secretary72 7#b7 report directly to the ,secretary2 and 7#c7 have a background in immigration law1 civil rights1 and law enforcement4 7b7 ,functions ,it shall be the function of the ,ombudsman-- 7#a7 in coordination with the ,inspector ,general of the ,department1 to establish an independent1 neutral1 accessible1 confidential1 and standardized process-- 7,a7 to assist individuals1 including aliens 7as defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja77 in resolving complaints with respect to ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 a subcontractor1 or a cooperating entity2 and 7,b7 that includes a publicly accessible website through which a complainant can check on the status of such a complaint2 7#b7 to identify and thereafter review1 examine1 and make recommendations to the ,secretary to address chronic issues identified by the ,ombudsman in carrying out the function described in paragraph 7#a72 7#c7 to establish a ,border ,oversight ,panel in accordance with subsection 7f72 and 7#d7 to review compliance with policies and standards of the ,department for the care for custody of aliens by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection1 including any violations of applicable policy or standards of care involving force-feeding4 7c7 ,confidentiality 7#a7 ,in general ,the existence of a complaint1 including the identity of any ,department employee implicated in a complaint1 shall be kept confidential by the ,ombudsman4 ,in the absence of the written consent of an individual who submits a complaint1 the ,ombudsman shall keep confidential the identity of and any identifying information relating to such individual4 7#b7 ,,foia disclosures ,the confidentiality requirement under paragraph 7#a7 may not be considered as a factor in determining whether information under this subsection may be disclosed under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 7d7 ,annual reporting ,not later than ,june #cj of the first calendar year beginning after the date of the enactment of this section1 and annually thereafter1 the ,ombudsman shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives that includes1 for the previous calendar year-- 7#a7 the number and types of complaints received under this section and1 for each complaint-- 7,a7 the component or subcomponent1 subcontractor1 or cooperating entity identified2 7,b7 the demographics of the complainant2 and 7,c7 a description of the resolution of the complaint or the status of the resolution process2 7#b7 any complaint pattern that could be prevented or reduced by policy training or practice changes2 7#c7 a description of any pattern of violations of any applicable policy or standards2 7#d7 a description of each complaint received under this section with respect to which ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 a subcontractor1 or a cooperating entity1 as applicable1 has taken action to resolve1 and the time between receipt and resolution of each such complaint2 7#e7 a description of complaints received under this section for which action has not been taken during the #a-year period beginning on the date on which the complaint was received1 and the period during which each complaint has remained open2 7#f7 recommendations the ,ombudsman has made under subsection 7b77#b72 and 7#g7 other information1 as the ,ombudsman determines appropriate4 7e7 ,appointment of ,border ,communities ,liaison 7#a7 ,in general ,the ,ombudsman1 in conjunction with the ,office for ,civil ,rights and ,civil ,liberties of the ,department1 shall appoint a ,border ,community ,liaison 7referred to in this subsection as a ,liaison7 in each ,u4,s4 ,border ,patrol sector on the northern and southern borders of the ,united ,states4 ,each ,liaison shall report directly to the ,ombudsman4 7#b7 ,purposes ,each ,liaison shall-- 7,a7 foster cooperation between ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and border communities2 7,b7 consult with border communities on the development of policies1 directives1 and programs of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 7,c7 receive feedback from border communities on the performance of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,d7 submit an annual report to the ,ombudsman that details the findings of the ,liaison1 feedback received from border communities1 and recommendations to increase cooperation between ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and border communities4 7f7 ,border ,oversight ,panel 7#a7 ,establishment ,the ,ombudsman shall establish a ,border ,oversight ,panel 7referred to in this subsection as the ,panel74 7#b7 ,composition 7,a7 ,in general ,the ,panel shall be composed of #cj members selected by the ,ombudsman4 7,b7 ,chairperson ,the ,ombudsman shall serve as the chair of the ,panel4 7,c7 ,expertise ,members of the ,panel shall have expertise in immigration1 local crime indices1 civil and human rights1 community relations1 cross-border trade and commerce1 quality of life indicators1 or other experience the ,ombudsman determines is appropriate1 and shall include individuals who reside in or near border counties4 7#c7 ,duties ,the ,panel shall evaluate and make recommendations regarding the border enforcement policies1 strategies1 and programs of the ,department operating along the northern and southern borders of the ,united ,states-- 7,a7 to take into consideration the impact of such policies1 strategies1 and programs on border communities1 including protecting due process1 civil and human rights of border residents and visitors1 and private property rights of land owners2 7,b7 to uphold domestic and international legal obligations2 7,c7 to reduce the number of migrant deaths2 and 7,d7 to improve the safety of agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement4 7g7 ,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 section4 7h7 ,training 7#a7 ,in general ,the ,ombudsman shall conduct an annual evaluation of all training given to agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,contents ,each evaluation under paragraph 7#a7 shall include whether the training referred to in such paragraph adequately addresses-- 7,a7 best practices in community policing1 cultural awareness1 and carrying out enforcement actions near sensitive locations1 such as places of worship or religious ceremony1 school or education-related places or events1 courthouses or other civic buildings providing services accessible to the public1 hospitals1 medical treatment or health care facilities1 public demonstrations1 and attorney's offices 7including a public defender or legal aid offices72 7,b7 policies for operating in locations where there are limitations on cooperation by local law enforcement2 7,c7 interaction with vulnerable populations1 including instruction on screening1 identifying1 and responding to vulnerable populations1 such as children1 victims of human trafficking1 and the acutely ill2 7,d7 standards of professional and ethical conduct1 including-- 7i7 lawful use of force1 de-escalation tactics1 and alternatives to the use of force2 7ii7 complying with chain of command and lawful orders2 7iii7 conduct and ethical behavior toward the public in a civil and professional manner2 7iv7 civil rights and legal protections for nationals of the ,united ,states and aliens2 7v7 non-biased questioning2 7vi7 sensitivity towards lesbian1 gay1 bisexual1 transgender1 and queer individuals2 7vii7 permissible and impermissible social media activity2 and 7viii7 sexual and other harassment and assault1 including an assessment of whether adequate policies exist to resolve complaints2 7,e7 protecting the civil1 constitutional1 human1 and privacy rights of individuals1 with special emphasis on the scope of enforcement authority1 including chain of evidence practices and document seizure1 and use of force policies available to agents and officers2 7,f7 maintaining and updated understanding of ,federal legal rulings1 court decisions1 and ,department policies and procedures2 and 7,g7 the scope of agents' and officers' authority to conduct immigration enforcement activities1 including interviews1 interrogations1 stops1 searches1 arrests1 and detentions1 in addition to identifying and detecting fraudulent documents4 7#c7 ,recommendations ,not later than #ij days after conducting each evaluation under paragraph 7#a71 the ,ombudsman shall develop1 and submit to the ,secretary1 recommendations regarding any additional training needed by agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement4 7#d7 ,feedback ,not later than #ahj days after receiving a recommendation from the ,ombudsman1 the ,secretary shall provide-- 7,a7 a public1 written response to the recommendation2 and 7,b7 7i7 if the ,secretary concurs with the recommendation1 an action plan to implement the recommendation2 or 7ii7 if the ,secretary rejects the recommendation1 a justification for such rejection4 7i7 ,electronic tracking 7#a7 ,in general ,the ,ombudsman1 in coordination with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services1 shall develop recommendations for the establishment of an electronic tracking number system on a single interface1 which shall be used to track the location of a child who has been separated from a parent1 legal guardian1 or other relative of such child1 and which shall be accessible to agents and officers of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,office of ,refugee ,resettlement4 7#b7 ,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 parent1 legal guardian1 or other relative of such child that-- 7,a7 is transferable2 7,b7 may be shared easily on the electronic tracking system described in this subsection by agents and officers of-- 7i7 ,u4,s4 ,customs and ,border ,protection2 7ii7 ,u4,s4 ,immigration and ,customs ,enforcement2 and 7iii7 the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services2 and 7,c7 is interoperable with the electronic location records of a parent1 legal guardian1 or other relative of such child4 7j7 ,body-,worn cameras 7#a7 ,requirement ,not later than #abj days after the date of the enactment of this section1 the ,ombudsman1 in coordination with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and labor organizations representing agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 shall submit a plan to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives for requiring1 not later than #a year after such date of enactment1 the use of body-worn cameras by ,u4,s4 ,border ,patrol agents and ,u4,s4 ,immigration and ,customs ,enforcement officers whenever such agents and officers are engaged in border security or immigration enforcement activities4 7#b7 ,elements ,the plan required under paragraph 7#a7 shall include-- 7,a7 benchmarks for implementation of the use of body-worn cameras within ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 7,b7 policies1 procedures1 and training modules for the use of body-worn cameras by agents and officers of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 including training modules relating to the appropriate use of such cameras and adverse action for non-compliance2 and 7,c7 mechanisms to ensure compliance with body-worn camera policies and procedures4 7#c7 ,considerations ,the plan required under paragraph 7#a7 shall be informed by-- 7,a7 existing ,state and local policies requiring the use of body-worn cameras2 and 7,b7 principles regarding body-worn cameras published by major civil and human rights organizations4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif7 is amended by inserting after the item relating to section #gaj the following3 ,sec4 #gaa4 ,ombudsman for ,border and ,immigration ,enforcement ,related ,concerns4 4