Homeland Security Improvement Act

Floor Speech

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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.

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.

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.

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.

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Mr. THOMPSON of Mississippi. Escobar), the sponsor of this legislation.

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Mr. THOMPSON of Mississippi. Escobar) an additional 1 minute.

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Mr. THOMPSON of Mississippi. Garcia).

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

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Mr. THOMPSON of Mississippi. 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.

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.

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.

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Mr. THOMPSON of Mississippi. Lee).

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.

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