Sec. 413. Establishment of the Office of Ombudsman for Border And Immigration Related Concerns
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The Secretary of Homeland Security shall appoint an Ombudsman for Border and Immigration Related Concerns (hereinafter referred to as the Ombudsman ) who will be independent of Department agencies and officers, and report directly to the Secretary. The Ombudsman shall have a background in immigration, civil rights, and law enforcement. The functions of the Ombudsman shall be to— establish an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, including referral for investigation to the Office of the Inspector General, referral to U.S.
Citizenship and Immigration Services for immigration relief, or any other action determined appropriate, in cases in which Department officers or employees, or subcontracted or cooperating entity personnel, are alleged to have engaged in misconduct or violated the rights of individuals, associations, or employers; establish an accessible and standardized complaint process regarding complaints against any officer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any subcontracted or cooperating entity personnel, for violations of law or violations of standards of professional conduct pertaining to interaction with an alien in course of carrying out any duty under law; and identify and thereafter review, examine, and make recommendations to address chronic concerns in border security and enforcement activities of U.S.
Customs and Border Protection and U.S. Immigration and Customs Enforcement. Not later than 180 days after the date of the enactment of this subsection, the Secretary 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 prepared by the Ombudsman that assesses current technologies used at United States borders, and the impact on border communities of such technologies on civil rights, property rights, privacy rights, and civil liberties.