,,ii #aaith ,,congress #b;d ,session ,s4 #chia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjbf,mr4 ,coons 7for himself and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish an independent commission within the legislative branch responsible for ensuring oversight1 transparency1 and accountability in immigration enforcement operations4 #a4 ,short title ,this ,act may be cited as the ,,ice ,accountability ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,applicable requirements ,the term applicable requirements means all constitutional1 statutory1 regulatory1 policy1 and other requirements relating to the civil rights and civil liberties of individuals affected by the activities of immigration agencies1 including such requirements under the ,department of ,homeland ,security ,appropriations ,act1 #bjbf or a subsequent ,department of ,homeland ,security appropriations ,act4 7#b7 ,commission ,the term ,commission means the ,commission for ,independent ,monitoring of ,immigration ,enforcement established under section #c4 7#c7 ,immigration agency ,the term immigration agency means ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 and any other agency employing agents temporarily or permanently tasked with engaging in immigration enforcement4 7#d7 ,whistleblower ,the term whistleblower means an employee of an immigration agency who provides information to the ,commission regarding conduct that the whistleblower reasonably believes constitutes an alleged violation of the applicable requirements4 #c4 ,commission for ,independent ,monitoring of ,immigration ,enforcement 7a7 ,establishment ,there is hereby established in the legislative branch an independent commission1 to be known as the ,commission for ,independent ,monitoring of ,immigration ,enforcement4 7b7 ,purposes ,the purposes of the ,commission are-- 7#a7 to ensure rigorous1 independent oversight of immigration agencies' compliance with applicable requirements2 7#b7 to investigate whether immigration agencies have failed to comply with applicable requirements2 and 7#c7 to ensure public transparency of immigration enforcement operations4 7c7 ,duties ,the ,commission shall-- 7#a7 monitor immigration agencies during immigration enforcement activities related to arrest1 detention1 deportation1 and surveillance operations1 including by-- 7,a7 observing agents during operations2 and 7,b7 conducting on-site visits1 which may be conducted without notice1 provided that the ,commission makes good faith efforts to provide advance notice of on-site visits and activities to immigration agencies if the ,commission determines that advance notice is practicable1 appropriate1 and would not undermine the goals of its oversight2 7#b7 review any information and data1 including encounter documents1 training materials1 civil rights complaints1 body camera footage1 and other records1 in possession of the ,department of ,homeland ,security pertaining to immigration enforcement activities2 7#c7 issue monthly reports to ,congress that contain evaluations of immigration agencies' compliance with applicable requirements1 and make all such reports publicly accessible2 7#d7 maintain a publicly accessible website that-- 7,a7 allows members of the public to upload complaints2 7,b7 allows1 as the ,commission deems appropriate and consistent with applicable law1 members of the public to view anonymized complaint information2 7,c7 contains detailed data released by the ,commission related to immigration agencies' enforcement actions1 disaggregated by geographic location2 and 7,d7 contains all reports and findings issued by the ,commission2 7#e7 promptly review complaints submitted by members of the public to inform findings2 7#f7 if approved by a vote of at least #c of #d monitors-- 7,a7 issue formal findings of serious or willful violations of applicable requirements2 7,b7 refer matters to the ,department of ,justice recommending prosecution under section #bdb of title #ah1 ,united ,states ,code1 or to a ,state attorney general recommending prosecution under ,state law1 upon findings indicating potential criminal conduct2 7,c7 hold public hearings about potential violations of applicable requirements2 7,d7 initiate a civil action in accordance with section #d7;b7 to seek enforcement of the applicable requirements2 and 7,e7 make recommendations to ,congress for reforms to immigration enforcement operations and ways to strengthen immigration enforcement oversight by the ,department of ,homeland ,security's ,office of ,inspector ,general1 ,office for ,civil ,rights and ,civil ,liberties1 and ,office of the ,immigration ,detention ,ombudsman based on the ,commission's findings2 and 7#g7 at the request of the ,chair or ,ranking ,member of the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on ,homeland ,security of the ,house of ,representatives1 or the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and at least quarterly1 testify to ,congress on the ,commission's findings and recommendations4 7d7 ,authorities 7#a7 ,access to department of homeland security systems ,the ,commission is entitled to access1 without prior notice1 in a reasonable manner that1 consistent with the ,commission's responsibilities1 minimizes interference with daily operations1 to monitor and observe all ,department of ,homeland ,security records1 facilities and other property1 trainings1 meetings1 incident scenes1 and personnel that-- 7,a7 are relevant to immigration enforcement2 and 7,b7 the ,commission reasonably considers necessary to carry out its duties4 7#b7 ,subpoena power ,the ,commission is authorized1 by a vote of at least #c of #d monitors1 to subpoena witness testimony and all records in the possession of the ,department of ,homeland ,security related to the ,department's compliance or noncompliance with applicable requirements1 in case of a violation by the ,department of its obligations to ensure the ,commission's access to ,department systems4 7#c7 ,consultation with external experts ,the ,commission may procure the temporary and intermittent services of external experts in accordance with section #caji7;b7 of title #e1 ,united ,states ,code1 including in the process of developing its monitoring methodology1 evaluation metrics1 and standards for determining a serious or willful violation of applicable requirements4 7#d7 ,contracting authority ,the ,commission may expend funds appropriated to the ,commission to enter into contracts that enable the ,commission to discharge its duties under this section4 7#e7 ,civil action ,the ,commission may select attorneys to bring a civil action against an immigration agency-- 7,a7 to enforce subpoenas issued pursuant to paragraph 7#b7 and access requirements described in section #g7;a72 and 7,b7 to seek a judicial order described in section #d7;b74 #d4 ,judicial enforcement 7a7 ,civil action 7#a7 ,in general ,if the ,commission determines that an immigration agency has engaged in a serious or willful violation of applicable requirements1 the ,commission is authorized1 through attorneys selected by the ,commission1 to bring a civil action in the ,united ,states ,district ,court for the ,district of ,columbia against any immigration agency4 7#b7 ,judicial order ,the court referred to in paragraph 7#a7 is authorized to impose penalties pursuant to subsection 7b7 or to issue any decree1 judgment1 or order that may be necessary or appropriate to ensure the immigration agency complies with all applicable requirements4 7b7 ,penalties ,an immigration agency that has engaged in a serious or willful violation of applicable requirements shall be subject to a penalty equal to #ejj1jjj for each day such agency remains out of compliance with such requirements4 7c7 ,liability of immigration agency for agents' actions ,the noncompliance of any individual agent shall be imputed to the immigration agency that supervises such agent4 #e4 ,personnel 7a7 ,appointment of monitors ,not later than #cj days after the date of the enactment of this ,act1 #d monitors shall be appointed to the ,commission1 of whom-- 7#a7 #a monitor shall be appointed by the ,speaker of the ,house of ,representatives1 with the consent of the minority leader of the ,house of ,representatives2 7#b7 #a monitor shall be appointed by the minority leader of the ,house of ,representatives1 with the consent of the ,speaker of the ,house of ,representatives2 7#c7 #a monitor shall be appointed by the majority leader of the ,senate1 with the consent of the minority leader of the ,senate2 and 7#d7 #a monitor shall be appointed by the minority leader of the ,senate1 with the consent of the majority leader of the ,senate4 7b7 ,qualifications 7#a7 ,expertise ,each monitor shall have significant depth of experience and nationally recognized expertise in a relevant field1 such as civil rights enforcement 7including rights guaranteed under the ,first1 ,fourth1 and ,fourteenth ,amendments to the ,constitution of the ,united ,states71 law enforcement best practices1 immigration law1 ,department of ,homeland ,security operations1 and monitoring and evaluation4 7#b7 ,nongovernmental appointees ,no monitor appointed to the ,commission1 no ,executive ,director1 and no staff of the ,commission may hold any other office or employment with the ,federal ,government or any ,state or local government while working for the ,commission4 7#c7 ,conflict of interest ,no individual serving as a monitor1 no ,executive ,director1 and no staff of the ,commission may have any conflict of interest with respect to any aspect of performing their duties and responsibilities on the ,commission4 7#d7 ,eligibility for security clearances ,every monitor and staff member shall-- 7,a7 be eligible to receive a security clearance of a level adequate to access all ,department of ,homeland ,security systems that the ,commission determines to be relevant to carrying out its duties2 or 7,b7 if the monitor or staff member lacks the requisite security clearance1 begin the process of obtaining a security clearance upon joining the ,commission4 7#e7 ,training ,each monitor and staff member shall receive training on protecting the integrity of ongoing and future civil and criminal investigations into matters under the ,commission's purview4 7c7 ,term ,each monitor shall serve a #e-year term4 ,if a monitor departs before the end of his or her term1 a new monitor shall be appointed in his or her place within #cj days of such departure1 using the same appointment process as used for the departing monitor4 7d7 ,compensation ,each monitor shall perform full-time services and be paid at the annual rate of basic pay for level ,i of the ,executive ,schedule4 7e7 ,staffing 7#a7 ,in general ,the ,commission1 at the direction of the ,executive ,director1 shall hire appropriate staff members to enable the ,commission to carry out its duties4 7#b7 ,executive director ,not later than #cj days after all monitors have been appointed to the ,commission1 the monitors shall jointly select an individual with demonstrated1 nationally recognized expertise in law enforcement best practices to serve as ,executive ,director of the ,commission and to guide the daily operations of the ,commission's monitoring functions4 #f4 ,sunset provision 7a7 ,in general ,not earlier than #d years after the date of the enactment of this ,act and not later than #ahj days after at least #c of the #d monitors of the ,commission determine that the immigration agencies have all been in substantial compliance with the applicable requirements for at least #a year1 the ,commission shall terminate operations4 7b7 ,pause on sunsetting ,if1 after a determination described in subsection 7a7 is made and before the ,commission terminates operations1 the ,commission determines that #a or more of the immigration agencies are no longer in substantial compliance with the applicable requirements1 the ,commission may reverse the decision to terminate operations by a vote of at least #c of the #d monitors4 #g4 ,obligations of ,federal agencies 7a7 ,department of ,homeland ,security ,the ,secretary of ,homeland ,security shall-- 7#a7 permit and facilitate the ,commission's prompt access to all ,department of ,homeland ,security records1 personnel1 and facilities1 including facilities operated or owned by a contractor of the ,department2 7#b7 designate an office in the ,department charged with liaising with the ,commission and ensuring adherence with all provisions of this ,act2 and 7#c7 notify the ,commission as soon as practicable1 and in no case more than #ab hours after the event1 of any critical firearm discharge1 in-custody death1 or death during an encounter with an immigration officer4 7b7 ,general ,services ,administration ,the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 administrative support and other services for the performance of the ,commission's functions4 ,office facilities provided to the ,commission under this subsection may not be shared with an entity of the executive branch4 7c7 ,security clearances ,any agency involved in reviewing applications for1 granting1 or revoking security clearances shall perform such functions for members and staff of the ,commission in the same manner as they are performed for other ,federal personnel4 7d7 ,prohibition against retaliation 7#a7 ,in general ,a ,federal employee may not 7directly or indirectly7 discharge1 demote1 suspend1 threaten1 blacklist1 harass1 or in any other manner discriminate against a whistleblower because of any lawful act done by the whistleblower in-- 7,a7 providing information to the ,commission regarding any conduct that the whistleblower reasonably believes constitutes an alleged violation of the applicable requirements2 or 7,b7 initiating1 testifying in1 or assisting in any ,commission process1 or preparing to take any such action4 7#b7 ,enforcement ,in addition to any other remedies otherwise available1 the rights1 procedures1 and remedies under section #ecbc of title #ca1 ,united ,states ,code1 are available and shall apply to a judicial or administrative action based on or related to information provided by a whistleblower in the same manner as such rights1 procedures1 and remedies apply to a covered judicial or administrative action under that section4 #h4 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission such sums as may be necessary for each fiscal year during which the ,commission operates4 #i4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of this ,act1 and the application of such provisions to any other person or circumstance1 shall not be affected4