[Congressional Record Volume 165, Number 155 (Wednesday, September 25, 2019)]
[House]
[Pages H7928-H7934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1545
                   HOMELAND SECURITY IMPROVEMENT ACT

  Mr. THOMPSON of Mississippi. Mr. Speaker, pursuant to House 
Resolution 577, I call up the bill (H.R. 2203) 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 Customs 
Enforcement, and for other purposes, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Espaillat). Pursuant to House Resolution 
577, in lieu of the amendment in the nature of a substitute recommended 
by the Committee on Homeland Security printed in the bill, an amendment 
in the nature of a substitute consisting of the text of Rules Committee 
Print 116-27, modified by the amendment printed in House Report 116-
217, is adopted and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 2203

       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 new section:

     ``SEC. 711. OMBUDSMAN FOR BORDER AND IMMIGRATION ENFORCEMENT 
                   RELATED CONCERNS.

       ``(a) In General.--Within the Department there shall be a 
     position of Ombudsman for Border and Immigration Enforcement 
     Related Concerns (in this section referred to as the 
     `Ombudsman'), who shall--
       ``(1) be independent of Department agencies and officers;
       ``(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 
     to--
       ``(1) in coordination with the Inspector General of the 
     Department, establish an independent, neutral, accessible, 
     confidential, and standardized process to assist individuals 
     (including aliens (as such term is 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, which process shall 
     include a publicly accessible website through which a 
     complainant can check on the status of such a complaint;
       ``(2) 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) establish a Border Oversight Panel in accordance with 
     subsection (f); and
       ``(4) review compliance with departmental policies and 
     standards of 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.--The existence of a complaint, 
     including the identity of any Department employee implicated 
     in a complaint, shall be kept confidential by the Ombudsman 
     and, 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. Such confidentiality requirement 
     may not be considered as a factor of whether or not 
     information under this subsection may be disclosed under 
     section 552 of title 5, United Stated Code (commonly referred 
     to as the Freedom of Information Act).
       ``(d) Annual Reporting.--Not later than June 30 of each 
     year beginning in the year after the date of the enactment of 
     this section, the Ombudsman shall submit to the Committee on 
     Homeland Security and the Committee on the Judiciary of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs and the Committee on the 
     Judiciary of the Senate a report that includes, for the 
     previous year, the following:
       ``(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 after one year, 
     and the period during which each complaint has been open.
       ``(6) Recommendations the Ombudsman has made under 
     subsection (b)(2).
       ``(7) Other information, as determined appropriate by the 
     Ombudsman .
       ``(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 (in this 
     subsection referred to as the `Liaison') in each U.S. Border 
     Patrol sector on the northern and southern borders. Each 
     Liaison shall report to the Ombudsman.
       ``(2) Purposes.--Each Liaison appointed under this 
     subsection 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 to the Ombudsman an annual report detailing 
     their findings, 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 (in this subsection referred to 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 be 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 to--
       ``(A) 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) uphold domestic and international legal obligations;
       ``(C) reduce the number of migrant deaths; and
       ``(D) 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 the Ombudsman's office is sufficiently 
     staffed and resourced to carry out its duties effectively and 
     efficiently.
       ``(h) Training.--
       ``(1) In general.--The Ombudsman shall conduct a yearly 
     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 the following:
       ``(A) Best practices in community policing, cultural 
     awareness, and carrying out enforcement actions near 
     sensitive locations, such as

[[Page H7929]]

     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 the following:
       ``(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.
       ``(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.
       ``(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.
       ``(4) Feedback.--Not later than 180 days after receiving 
     recommendations transmitted by the Ombudsman, the Secretary 
     shall respond publicly and in writing with feedback on each 
     of the recommendations, an action plan to implement any of 
     such recommendations with which the Secretary concurs, and a 
     justification for why any of such recommendations have been 
     rejected.
       ``(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 transferrable;
       ``(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 to the 
     Committee on Homeland Security and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Homeland Security and Governmental Affairs and the 
     Committee on the Judiciary of the Senate a plan for 
     requiring, not later than one 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 the following:
       ``(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.
       ``(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 of the 
     Homeland Security Act of 2002 is amended by adding after the 
     item relating to section 710 the following new item:

``Sec. 711. Ombudsman for Border and Immigration Enforcement Related 
              Concerns.''.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
1 hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Homeland Security.
  The gentleman from Mississippi (Mr. Thompson) and the gentleman from 
Alabama (Mr. Rogers) each will control 30 minutes.
  The Chair recognizes the gentleman from Mississippi.


                             General Leave

  Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, H.R. 2203, the Homeland Security Improvement Act, as 
amended, seeks to enhance accountability for how the Department of 
Homeland Security carries out its border security and immigration 
enforcement activities.
  For years, the complaints process at DHS has been fragmented. While 
the inspector general of DHS reviews allegations of unlawful activity 
by Department personnel, other complaints must go through Customs and 
Border Protection or Immigration and Customs Enforcement first.
  Further, the process for filing a complaint can be complicated and 
confusing. Additionally, there is no central mechanism for residents of 
border communities to speak out about how DHS' operations affect their 
day-to-day lives or the environment around them.
  H.R. 2203, as we are considering it today, would establish a new 
ombudsman to carry out an independent, neutral, and confidential 
process to help resolve complaints with respect to the Department's 
border and immigration enforcement activities. The ombudsman would also 
note patterns in the types of complaints received to identify any 
systemic issues.
  The communities most directly impacted by DHS' border and immigration 
enforcement activities are those that are on our borders with Mexico 
and Canada.
  Under H.R. 2203, the ombudsman would appoint border community 
liaisons to serve in sectors along the northern and southern borders to 
foster better communication and meaningful engagement with these 
communities.
  The ombudsman is also required to stand up a border oversight panel 
to make recommendations on border and immigration policies and programs 
with attention to DHS activities that affect due process, property 
rights, and the safety of migrants and officers.
  H.R. 2203 is also intended to ensure greater oversight of the 
training that frontline personnel receive. Specifically, the ombudsman 
would annually evaluate the CBP and ICE agents and officers training, 
particularly on standards for professional and ethical conduct, and 
make recommendations on any needed improvements.
  Additionally, the bill directs the ombudsman to develop an 
implementation plan to require the use of body-worn cameras by Border 
Patrol agents and ICE officers while engaged in border security or 
immigration enforcement activities.
  While the current administration's activities in this area warrant 
heightened scrutiny, several issues, such as conditions in ICE 
detention or insufficient consultation with property owners by U.S. 
Border Patrol, have persisted for years.
  H.R. 2203 represents a step in the right direction to bring greater 
transparency and accountability to DHS. I urge my colleagues to support 
this legislation.

[[Page H7930]]

  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, July 18, 2019.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: This is to advise you that the Committee 
     on the Judiciary has now had an opportunity to review the 
     provisions in H.R. 2203, the ``Homeland Security Improvement 
     Act'' that fall with our Rule X jurisdiction. I appreciate 
     your consulting with us on those provisions. The Judiciary 
     Committee has no objection to your including them in the bill 
     for consideration on the House floor, and to expedite that 
     consideration is willing to waive sequential referral, with 
     the understanding that we do not thereby waive any future 
     jurisdictional claim over those provisions or their subject 
     matters.
       In the event a House-Senate conference on this or similar 
     legislation is convened, the Judiciary Committee reserves the 
     right to request an appropriate number of conferees to 
     address any concerns with these or similar provisions that 
     may arise in conference.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our committees.
           Sincerely,
                                                   Jerrold Nadler,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                     Washington, DC July 18, 2019.
     Hon. Jerrold Nadler,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Nadler: Thank you for your letter regarding 
     H.R. 2203, the ``Homeland Security Improvement Act.'' The 
     Committee on Homeland Security recognizes that the Committee 
     on the Judiciary has a jurisdictional interest in H.R. 2203, 
     and I appreciate your effort to allow this bill to be 
     considered on the House floor.
       I concur with you that forgoing action on the bill does not 
     in any way prejudice the Committee on the Judiciary with 
     respect to its jurisdictional prerogatives on this bill or 
     similar legislation in the future, and I would support your 
     effort to seek appointment of an appropriate number of 
     conferees to any House--Senate conference involving this 
     legislation.
       I will include our letters on H.R. 2203 in the 
     Congressional Record during floor consideration of this bill. 
     I look forward to working with you on this legislation and 
     other matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                               Washington, DC, September 25, 2019.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman Thompson: In order to expedite consideration 
     of H.R. 2203, the Homeland Security Improvement Act, the 
     Committee on Ways and Means has agreed to waive formal 
     consideration of provisions that fall within the rule X 
     jurisdiction of the Committee. We do so with the 
     understanding that the authority given to the Ombudsmen in 
     Title II of the bill, relating to the enforcement activities 
     of U.S. Customs and Border Protection, does not include 
     authority to enforce trade laws. The Committee also reserves 
     the right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation.
       I would appreciate your response to this letter confirming 
     this understanding and would ask that a copy of our exchange 
     of letter on this matter be included in the Congressional 
     Record during floor consideration of H.R. 2203.
           Sincerely,
                                                  Richard E. Neal,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                               Washington, DC, September 25, 2019.
     Hon. Richard Neal,
     Chairman, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
       Dear Chairman Neal: Thank you for your letter regarding 
     H.R. 2203, the ``Homeland Security Improvement Act.'' The 
     Committee on Homeland Security recognizes that the Committee 
     on Ways and Means has a jurisdictional interest in H.R. 2203, 
     and I appreciate your effort to allow this bill to be 
     considered on the House floor.
       I concur with you that the authority given to the Ombudsman 
     in Title II of the bill is not intended to include authority 
     regarding trade law enforcement complaints. Should you choose 
     to seek appointment of an appropriate number of conferees to 
     any House--Senate conference involving this legislation, I 
     would support that effort.
       I will include our letters on H.R. 2203 in the 
     Congressional Record during floor consideration of this bill. 
     I look forward to working with you on this legislation and 
     other matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
                                                         Chairman.

  Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong opposition to H.R. 2203.
  Over this past fiscal year, law enforcement has encountered nearly a 
million migrants illegally crossing the southwest border.
  For months, records of migrant families and unaccompanied children 
overwhelmed obsolete Customs and Border Protection facilities, creating 
an unprecedented humanitarian crisis. And for months, Democrats did 
nothing. They said the crisis wasn't real. Then they said the President 
manufactured it.
  Then, after months of ignoring pictures of children and families 
living in overcrowded conditions, Democrats finally agreed to the 
President's request for emergency funding. Now, thanks to that funding 
and the administration's efforts to reach agreements with Mexico and 
some Northern Triangle countries, the crisis has finally abated.
  Congress should use this opportunity to advance a bipartisan bill to 
address the causes of the border crisis and prevent another one from 
happening. Unfortunately, Democrats have chosen to squander the 
opportunity. Instead, they decided to move yet another partisan 
messaging bill that stands no chance of becoming law.
  All this bill does is waste taxpayers' dollars on a duplicative new 
office designed to demoralize law enforcement and serve the demands of 
illegal immigrants. It should really be called the illegal immigrant 
customer service act.
  The bill creates a new ombudsman at the Department of Homeland 
Security to collect and review complaints made by illegal immigrants 
against Federal law enforcement officers.
  The Department already has an Office of Inspector General and an 
Office for Civil Rights and Liberties required by law to collect and 
investigate complaints against DHS personnel, as well as recommended 
relief for the complainant. Both offices maintain tip lines for 
anonymous complaints and websites to collect complaints, and both 
regularly report to Congress on their caseload.
  It is unclear how creating another bureaucrat with a duplicative 
mission will improve the current process. It is clear, however, that 
this new bureaucrat will further demoralize the men and women of law 
enforcement.
  The bill empowers the ombudsman to scrutinize the training and 
conduct of ICE and CBP officers on an ongoing basis.
  The bill also includes a bogus oversight panel comprised of so-called 
quality of life indicators to make recommendations on how ICE and CBP 
officers should carry out their law enforcement mission.
  Every day, the men and women of ICE and CBP put their lives in danger 
to keep our families and communities safe. They faithfully and 
skillfully carry out their duty to enforce Federal immigration law. 
Congress should be moving legislation to thank them, not second-guess 
and criticize them.
  Mr. Speaker, this legislation started out as an attempt by Democrats 
to appease radical leftwing open border activists. The original bill 
was chock-full of so many absurd provisions that the Speaker was forced 
to pull it from floor consideration in July. The bill has been 
rewritten six times to get it to this point where just enough Democrats 
will vote for it to pass it.
  But it didn't have to be such a partisan exercise. We could have 
worked together to move comprehensive legislation to truly prevent 
another crisis at our border.
  Republicans are ready and willing to work with Democrats on serious 
proposals to reform our asylum laws to reduce the pull factors for 
illegal immigration, to protect vulnerable families and children from 
exploitation by human smugglers, to expand migrant processing and long-
term housing facilities to eliminate dangerous overcrowding, and to 
hire additional immigration lawyers and judges to reduce the 
unprecedented backlog in asylum cases.
  When this partisan bill fails to move in the Senate, I hope Democrats 
will finally choose policy over politics and will agree to work with 
Republicans on solutions to our border security problems.

[[Page H7931]]

  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 5 minutes to the 
gentlewoman from Texas (Ms. Escobar), the sponsor of this legislation.
  Ms. ESCOBAR. Mr. Speaker, I rise today in support of H.R. 2203, the 
Homeland Security Improvement Act.
  I would first like to thank Speaker Pelosi and Chairman Thompson for 
their steadfast leadership and for helping get this bill to the floor. 
Mr. Speaker, this moment never would have been possible without Mr. 
Thompson's perseverance and hard work.
  H.R. 2203 started at our southern border as a community-driven effort 
to boost accountability and transparency within DHS. To that end, I 
would like to especially thank the Border Network for Human Rights, an 
El Paso-based organization that works tirelessly to ensure migrants and 
border communities are treated with the dignity and respect that we all 
deserve.
  Those of us who live within the 100-mile border enforcement zone have 
often had our civil rights impeded because some basic constitutional 
principles don't fully apply to us.
  Since the creation of DHS in 2003, our government has spent over $300 
billion, including two supplemental bills passed this year, on the 
agencies that carry out immigration enforcement, largely within that 
100-mile zone. This enormous taxpayer investment has created a 
situation where the American taxpayer spends more money on immigration 
enforcement than on all other Federal law enforcement agencies 
combined.
  Unfortunately, especially for those of us who live within that 100-
mile enforcement zone, this spending has not included corresponding 
oversight or accountability measures. This bill seeks to change that 
with the creation of an ombudsman for border and immigration-related 
concerns.
  The ombudsman, in conjunction with the inspector general at DHS, will 
be charged with establishing an independent, neutral, and confidential 
process to assist individuals, including personnel, with complaints 
against Immigration and Customs Enforcement and U.S. Customs and Border 
Protection.
  The ombudsman is also responsible for reviewing CBP and ICE 
compliance with all departmental policies and standards related to the 
treatment of migrants in custody.
  This function was a priority for me after learning about child deaths 
in Federal custody; after having witnessed severe overcrowding in 
Border Patrol facilities; after hearing in my community, in El Paso, 
Texas, concerns from agents over and over again about leadership not 
listening to them and about policies they were forced to enforce; and 
after interviewing ICE detainees in my hometown who were subjected to 
force-feeding, an inhumane practice that is tantamount to torture.
  I have heard countless times from my constituents and other border 
residents that they need to have a voice in crafting border policies 
because we are the ones most impacted. H.R. 2203 will allow them this 
opportunity through the establishment of both a border community 
liaison and a border oversight panel. Both seek to foster communication 
and cooperation between DHS and the community by giving border 
residents an opportunity to provide feedback and recommendations 
regarding border policies.
  This panel will also help improve conditions for agents and officers. 
For example, one responsibility of the border oversight panel is to 
evaluate policies to enhance their safety.
  The bill also requires the ombudsman to conduct annual evaluations of 
all training provided and will examine whether key areas are covered, 
including community policing, which builds trust; enforcement near 
sensitive locations; interacting with vulnerable populations; and 
professional and ethical conduct, such as lawful use of force, LGBTQ 
sensitivity, and sexual harassment.
  El Paso has been at the epicenter of much of the humanitarian chaos 
our Nation has seen, like being the testing ground for the cruel family 
separation policy that continues to this day. To help speed up 
reunifications of these families, H.R. 2203 requires the ombudsman, in 
conjunction with the CBP Commissioner, ICE Director, and the Office of 
Refugee Resettlement, to develop recommendations for the establishment 
of an electronic tracking number system on a single, interoperable 
interface.
  Finally, the ombudsman is responsible for developing a plan for 
outlining the use of body-worn cameras by Border Patrol agents and ICE 
officers when engaged in border security and immigration enforcement 
activities, something local police forces have embraced.
  The plan must be crafted in conjunction with the CBP Commissioner, 
the ICE Director, and relevant labor organizations that represent these 
officers and agents. It must also consider existing State and local 
body-worn camera policies.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield the gentlewoman 
from Texas (Ms. Escobar) an additional 1 minute.

                              {time}  1600

  Ms. ESCOBAR. Mr. Speaker, it must also consider existing State and 
local body-worn camera policies and principles developed by major civil 
and human rights organizations, so that DHS can build upon best 
practices for each community.
  This plan further ensures that safety needs are met, and trust is 
built.
  All of these features will be invaluable tools to make sure that we 
address our Nation's immigration challenges in a common sense and 
humane way.
  Today, we have the opportunity to come together and begin to make a 
powerful and well-funded Federal agency more accountable to the 
Congress and to the people that they serve. The ombudsman's role will 
fill much needed gaps in transparency, oversight, training, and trust.
  Mr. Speaker, I am very proud of this legislation. It comes right from 
the communities that are impacted the most. I urge my colleagues to 
support it.
  Mr. ROGERS of Alabama. Mr. Speaker, I find it amazing that the 
majority, the Democrat majority, would like to see us prioritize 
establishing electronic medical records for illegal immigrants when we 
still haven't been able to provide that for veterans in our country or 
our military, and we have been working on it for years.
  Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania 
(Mr. Joyce), a member of the Committee on Homeland Security.
  Mr. JOYCE of Pennsylvania. Mr. Speaker, I rise today in opposition to 
H.R. 2203, yet another one of the majority's messaging bills that would 
do nothing to address the crisis on our southern border.
  At home in Pennsylvania's 13th Congressional District, nearly 2,000 
miles away from the southern border, this crisis is taking a tangible 
toll on our communities. As illicit drugs continue to pour across the 
southern border and infiltrate into my district, addiction and death 
are occurring.
  If we continue to kick the solutions down the road, we are choosing 
simply not to act.
  Today, we could be voting to stop the human trafficking, to stop the 
drug trafficking, to stop the cartels and the violent criminals who 
permeate into our country. H.R. 2203 does not address the real 
problems.
  Instead of passing this do-nothing bill, I ask that we return to the 
Homeland Security Committee and work on a bipartisan basis to secure 
our border, to end the asylum loopholes, and to protect this great 
country.
  Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Texas (Ms. Garcia).
  Ms. GARCIA of Texas. Mr. Speaker, I thank the chairman for yielding.
  Mr. Speaker, I support H.R. 2203, a bill introduced by my dear friend 
from Texas, Congresswoman Veronica Escobar.
  There is a humanitarian crisis at the southern border and within the 
American immigration system. The Homeland Security Improvement Act is a 
critical bill, not a do-nothing bill. It is a critical bill that 
addresses our Nation's immigration challenges at the border in a 
responsible and humane manner by ensuring accountability and oversight 
through the creation of an ombudsman.

[[Page H7932]]

  Our American values, moral conscience, and Constitution require that 
we treat all individuals on American soil humanely and respectfully. 
This bill helps ensure that that happens.
  Congress must continue working to finally end the humanitarian crisis 
at the southern border. This is a step in the right direction.
  Mr. Speaker, I urge my colleagues to join me in support of H.R. 2203.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my 
time.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the 
gentleman from Florida (Mr. Rutherford).
  Mr. RUTHERFORD. Mr. Speaker, I thank my colleague from Alabama for 
yielding.
  Mr. Speaker, we have a crisis at the border. Finally, our colleagues 
across the aisle have recognized that this is not a manufactured 
crisis.
  Just this month, over 800,000 illegal aliens have now crossed our 
southern border in 2019. That is two times more than crossed in all of 
2018.
  These numbers are at historic highs in large part due to our broken 
immigration system that incentivizes illegal crossings, and H.R. 2203 
does nothing to fix it.
  This bill does nothing to stop children from being used as pawns by 
traffickers to cross our border. This bill does nothing to support law 
enforcement officers, which as a lifelong enforcement officer myself, I 
take particular issue with. This bill does nothing to hire more 
immigration judges, which are desperately needed in order to decrease 
the growing and historic backlog of cases that we have now seen. This 
bill does nothing to alleviate the pressure on our detention 
facilities.
  In fact, this bill will make these problems worse; worse, Mr. 
Speaker.
  Requiring the release of all migrants after 72 hours in detention 
will incentivize even more people to cross our southern border, because 
they are guaranteed to be released into the interior of our country.
  This bill negates the positive steps that President Trump has taken 
to secure our southern border.
  A bipartisan majority in the House and Senate did not support these 
ideas before when we passed the border supplemental in June, and they 
will not support them now.
  Instead of giving law enforcement the resources they need to keep our 
communities safe, House Democrats are tiptoeing around real solutions, 
and are more interested in obstructing our President than solving 
problems for the American public.
  Mr. Speaker, I encourage my colleagues to vote ``no'' on H.R. 2203.
  Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 4 minutes to the 
gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the chairman and certainly the 
ranking member for his position on this bill, but I rise with great 
enthusiasm to support H.R. 2203 by the distinguished gentlewoman from 
Texas, and as well to indicate to her that I had wished that the joy of 
doing this would be that we are passing productive legislation, but the 
sadness is that it is based upon the history and the evidence of what 
is going on at the southern border where she lives.
  So I hope those who are waiting for this bill will realize that it is 
going to pass this House and that we are going to move this bill to the 
United States Senate and ask the Senate whether, in fact, they believe 
in the humanity of all people.
  Let me share with you what this bill is about from my perspective. 
First of all, I take no backseat to dealing with the border patrol 
agents, the CBP, and any others.
  In 2004, Senator Kerry and I, he in the Senate and I in the House, 
helped contribute to the modernizing of the border patrol, because when 
I went down to the border, they didn't have the tools that they needed. 
We gave them the night goggles, we gave them the kinds of equipment 
that they needed, those heavy terrain vehicles. We gave them the fast 
boats that they needed.
  We gave them their equipment, recognizing that we had been organized 
just a few years as the Homeland Security Committee, and we wanted our 
border to be safe and secure, but at the same time, we wanted to make 
sure that we had comprehensive immigration reform. That was imploded 
when we could not pass a major bill that came to this House.
  So I am curious why anyone would not want to have a bill that says it 
is the Homeland Security Improvement Act.
  So I stand here in the name of Roger, 9 months old, who was separated 
from his parents by the Trump administration's heinous policies of 
family separation.
  This bill deals with eliminating family separation.
  I stand here for the mother who had had a baby, and 45 days after 
having that baby, she had not been to a hospital, but she was in a 
detention center.
  I think it is fair that there be a policy for border patrol agents to 
wear those cameras, like any other law enforcement, to protect them and 
others; the limitation on the separation of families; the prohibition 
of exceeding 72 hours in short-term detention; the ombudsman, which is 
so important so that we have a fair investment.
  To my friend that was on the floor dealing with human trafficking: 
Any day of the week, I will join him in a bill that deals with human 
trafficking. I held the first hearing by Homeland Security on human 
trafficking in the field almost 8 years ago, because Houston is a known 
epicenter for human trafficking.
  But right now, we are dealing with the improvement of this 
Department, and I believe this commission is going to be important and 
crucial for migrant families and children that have been separated and 
abused by the Trump administration.
  Do we want to see human beings in cages? Or do we want to have a fair 
system that protects the United States and the border from the 
intrusion of those who would do us harm?
  A regular immigration system would allow these desperate families to 
come and be processed.
  I would have wanted the Mexican program to be out. I would have 
wanted to have my amendment that deals with making sure that the FOIA 
amendment covers every detention center, private and nonprivate, that 
would have ensured that they had to report about what was going on 
inside these detention centers.
  Those amendments were not allowed at this time, but we will work with 
the gentlewoman and work with Homeland Security to make sure that we do 
not have Members of Congress blocked from coming to these private 
detention centers that women and children are in.
  But this is a good start. This gives tools to those who are in need 
of those particular tools.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 
minute to the gentlewoman.
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman for the 
additional time.
  Mr. Speaker, I wanted to focus on this: We know in the past year, 
under this administration, seven-plus children have died. How many 
adults have also passed? It is as important to report the deaths of 
individuals in our own prison systems as it is to report migrant 
deaths. They are human beings.
  It is important to be able to use and to understand the use of force. 
To every law enforcement officer, I say to their families, I want them 
to go home to their families. But to every human being who comes 
desperate for the hope and the blessings of America who has not come to 
do us harm, I want to be able to have the oversight that is in this 
bill, the accountability and transparency in that border area.
  We all know that El Paso has been touted as the safest city in the 
Nation. It was not an immigrant that killed 22 people. It was not an 
immigrant whose violence and victimization and utilization of an 
automatic weapon caused the injuries to the people whom I had to visit 
in the hospitals of El Paso. It was not an immigrant.
  Mr. Speaker, this is a worthy bill that will, in fact, provide the 
right direction for the Homeland Security Department. I rise to support 
H.R. 2203.
  Mr. Speaker, I rise to speak in support of H.R. 2203, the Homeland 
Security Improvement Act.

[[Page H7933]]

  I thank my colleague, Congresswoman Escobar for her leadership in 
drafting this important piece of legislation.
  As a member of the House Committees on the Judiciary and Homeland 
Security, I am well aware of the many problems associated with this 
Administration's immigration policy.
  Independent Ombudsman:
  Establishes an independent Ombudsman for Border and Immigration 
Related Concerns within DHS.
  The functions of the Ombudsman include establishing an independent, 
neutral, and confidential process to assist individuals with complaints 
against Immigration and Customs Enforcement (ICE) and U.S. Customs and 
Border Protection (CBP).
  Provides for annual reporting on the complaints filed, including the 
number and types of complaints received to identify trends and solve 
systemic problems.
  Reviews compliance by CBP and ICE with all departmental policies and 
standards related to treatment of migrants in custody, including with 
respect to force-feeding.
  Makes the complaint resolution process easy to follow by establishing 
a publicly available website.
  Border Communities Liaison:
  Directs the Ombudsman, in conjunction with the Office for Civil 
Rights and Civil Liberties at DHS, to appoint a Border Community 
Liaison in each Border Patrol sector along the northern and southern 
border to:
  foster cooperation between ICE, CBP, and border communities;
  consult with border communities on CBP and ICE policies, directives, 
and programs;
  receive feedback from border communities about CBP and ICE activities 
in the region; and
  report annually to the Ombudsman.
  Border Oversight Panel:
  Directs the Ombudsman to establish a Border Oversight Panel to 
evaluate and make recommendations regarding the border enforcement 
policies, strategies, and programs that directly affect border 
communities.
  Specifically directs the Panel to pay special attention to the way 
DHS policies impact due process, property rights, legal obligations, 
and migrant and officer safety.
  Training Evaluations:
  Requires the Ombudsman to conduct annual evaluations of all training 
given to the agents and officers at CBP and ICE.
  The Ombudsman must examine whether there is training in specific key 
areas including community policing, enforcement near sensitive 
locations, interacting with vulnerable populations, and professional 
and ethical conduct (like lawful use of force, LGBTQ sensitivity, and 
sexual harassment).
  Mandates that the Ombudsman provide recommendations to the Secretary 
on additional training needs. The Secretary must respond to these 
recommendations publicly within 180 days with an action plan to 
implement such recommendations and a justification for why any of such 
recommendations have been rejected.
  Body-Worn Cameras:
  Directs the Ombudsman, in coordination with CBP Commissioner, ICE 
Director, and labor organizations representing agents and officers, to 
submit to Congress a plan for requiring the use of body-worn cameras by 
U.S. Border Patrol agents and ICE officers when engaged in border 
security and immigration enforcement activities.
  Provides that the plan must consider existing state and local body-
worn camera policies and principles developed by major civil and human 
rights organizations.
  I offered an amendment to H.R. 2203, that was not included in this 
final bill.
  This Jackson Lee Amendment, listed as No. 6 on the Rules Committee 
Roster, makes a good bill better by creating an affirmative obligation 
on the part of Customs and Border Protection to provide access to 
records of entities that contract with the agency to provide services 
related to detention or removal of persons, including children.
  The Jackson Lee Amendment states simply:
  ``In the case of a contractor including a State licensed, vetted, and 
qualified contractor, and a nonprofit entity, which has a contract with 
U.S. Customs and Border Protection for the provision of direct or 
support services associated with providing care for individuals, 
including unaccompanied alien children, apprehended at the southern 
border of the United States, any record of the contractor held by U.S. 
Customs and Border Protection shall be considered an agency record for 
purposes of section 552 on title 5, United States Code.''
  Since 1967, the Freedom of Information Act (FOIA) has provided the 
public the right to request access to records from any federal agency.
  It is often described as the law that keeps citizens in the know 
about their government.
  Federal agencies are required to disclose any information requested 
under the FOIA unless it falls under one of nine exemptions which 
protect interests such as personal privacy, national security, and law 
enforcement.
  The FOIA also requires agencies to proactively post online certain 
categories of information, including frequently requested records.
  As Congress, the President, and the Supreme Court have all 
recognized, the FOIA is a vital part of our democracy.
  I will continue to work with my colleagues on gaining greater 
transparency and oversight of CBP.
  I ask my colleagues to join me in support of this bill.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield 4 minutes to the 
gentleman from Mississippi (Mr. Guest), a member of the Committee on 
Homeland Security.
  Mr. GUEST. Mr. Speaker, as a member of the Committee on Homeland 
Security and a former prosecutor, I rise today to express my concerns 
regarding H.R. 2203.
  While the bill is referred to as the Homeland Security Improvement 
Act, the legislation does not make improvements to our homeland 
security, and, in fact, would have no positive impact on resolving the 
crisis at our southwest border or preventing any future homeland 
security crisis.
  It is the responsibility of Congress to fix gaps in our immigration 
system that benefit criminals such as human traffickers and drug 
smugglers.
  Instead of addressing these needs, this bill would create even more 
loopholes.
  H.R. 2203 would establish a new and unnecessary position at the 
Department of Homeland Security that would serve as an additional 
barrier for law enforcement officers charged with protecting our 
communities. This new position would overlap with existing positions at 
DHS, and a panel of appointees or bureaucrats with no prior experience 
in law enforcement would oversee the border and immigration enforcement 
process.

                              {time}  1615

  Democrats must recognize the efforts, dedication, and sacrifices made 
each day by members of our law enforcement community to uphold the rule 
of law. Rather than undermining their roles and duties, we should be 
focusing on how we can assist these brave men and women who work to 
maintain our Nation's security.
  I recently introduced H.R. 3990, the Operation Stonegarden 
Authorization Act. This bill would establish a grant program for States 
bordering Mexico or Canada or those with a maritime border. These 
grants would provide much-needed resources to help Customs and Border 
Protection and local law enforcement officers efficiently carry out 
their mission on behalf of the American people.
  I urge my colleagues on both sides of the aisle to join me in 
promoting respect for our law enforcement community and providing a 
sense of gratitude for the work they do to keep us, our families, and 
our communities safe.
  As a member of the Committee on Homeland Security, I voted against 
this bill when it was considered in committee. Now, I strongly 
encourage my colleagues to join me in voting against this partisan 
measure and to, instead, work across the aisle to find real solutions, 
bipartisan solutions, to make America a safer place to live, to 
worship, and to raise a family.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 1 minute to the 
gentlewoman from California (Ms. Lee).
  Ms. LEE of California. Mr. Speaker, first, I thank Chairman Thompson 
for yielding and for his tremendous leadership not only on issues of 
security but on so many issues that affect our country.
  Also, I thank Congresswoman Veronica Escobar, who I call my 
Congresswoman because she represents the wonderful people of my 
hometown of El Paso, Texas.
  Mr. Speaker, I rise today to support H.R. 2203, the Homeland Security 
Improvement Act.
  I have visited McAllen and Brownsville, Texas, and Homestead. I have 
witnessed children in cages, sleeping on concrete floors. I had a 
chance to talk to mothers and fathers who had no idea where their 
children were.
  I served on the conference committee on homeland security as we moved 
to open the government earlier this year. I have to tell you, there 
were so many suggestions that were made that

[[Page H7934]]

weren't accepted. There were good, rational, concrete suggestions.
  This is a critical bill that addresses some of those concerns.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 
minute to the gentlewoman.
  Ms. LEE of California. It creates an independent ombudsman, which 
will establish a confidential process to assist individuals with 
complaints against ICE and CBP.
  Once more, this bill is important for our children and would develop 
recommendations for the establishment of an electronic tracking system 
to track the location of children who have been separated from a 
parent, legal guardian, or other relative.
  We will not stand by while the Trump administration separates 
children from their families, so this bill takes an important step in 
the right direction.
  By passing this bill today, we are putting critical protocols and 
protections in place for migrants, making sure that their well-being 
and health is uplifted at every step.
  We cannot allow migrants to be abused by CBP and ICE any longer. It 
is past time to protect migrants who are seeking a chance to start a 
new life in America. It is past time we recognize people fleeing 
violence are human beings who deserve a chance to address and be part 
of a just immigration system.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on this vital bill.
  I thank Chairman Thompson and Congresswoman Escobar for finally 
getting this bill to the floor.
  Mr. ROGERS of Alabama. Mr. Speaker, I have no further speakers, and I 
am prepared to close.
  Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill demonstrates just how disingenuous Democrats 
are about securing our borders and fixing our broken immigration 
system. Their Caucus is in such disarray on this issue that it took 
them 10 weeks and a hatchet just to find a compromise among themselves. 
Now, they are going to send another partisan messaging bill to the 
Senate, where it will promptly die.
  Congratulations on the press release.
  Mr. Speaker, we watched an unprecedented humanitarian crisis unfold 
on our Southwest border this year. It used to be that when this country 
faced a crisis, Democrats and Republicans came together to solve it and 
ensure it didn't happen again. Unfortunately, that is no longer the 
practice under Democratic control.
  When Democrats are ready to legislate with real solutions to problems 
this country faces, Republicans stand ready to work with them. In the 
meantime, I urge all Members to oppose this bill, and I yield back the 
balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, the Trump administration's cruel and inhumane approach 
to border and immigration enforcement has subjected DHS' frontline 
personnel and border communities to chaotic conditions. It has also 
hurt families and children.
  From the Remain in Mexico policy that puts children and families in 
harm's way indefinitely to family separation to metering, the Trump 
administration has haphazardly reshaped how people who seek safety in 
the U.S. are treated. It is essential that there be greater 
transparency and accountability regarding what DHS is doing along the 
border. More remains to be done, but H.R. 2203 includes several first 
steps.
  I urge my colleagues to support this measure, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 577, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 2203 is postponed.

                          ____________________