I
103D CONGRESS
1ST SESSION
H. R. 2119
To establish an Immigration Enforcement Review Commission.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1993
Mr. BECERRA (for himself, Mr. CONYERS, Mr. EDWARDS of California, Mr.
GUTIERREZ, Mr. PASTOR, Mr. SERRANO, and Mr. TORRES) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To establish an Immigration Enforcement Review
Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration Enforce-
ment Review Commission Act’’.
SEC. 2. CREATION OF IMMIGRATION ENFORCEMENT RE-
VIEW COMMISSION.
There is established the Immigration Enforcement
Review Commission (hereinafter referred to as the ‘‘Re-
view Commission’’). The Review Commission shall be com-
prised of a Board of Commissioners, an Investigations Of-
fice, and a Community Outreach Office. In the execution
of its duties, the Review Commission shall comply with
the requirements established in this Act. The Immigration
and Naturalization Service and the Customs Service (here-
inafter referred to as ‘‘the Services’’) shall cooperate fully
with the Review Commission and its employees in carrying
out the duties of the Review Commission under this Act,
and shall provide to the Commission such records as the
Commission considers appropriate.
SEC. 3. DUTIES OF REVIEW COMMISSION.
The Review Commission shall be responsible for in-
vestigating complaints of civil rights abuses against the
Services, employees of the Services, their divisions, or any
facilities where detainees are held in Service custody.
Based upon its findings, the Review Commission shall
make recommendations to the Services to discipline Serv-
ice employees responsible for committing abuses. The Re-
view Commission shall also make policy recommendations
to the Services as appropriate.
SEC. 4. REVIEW COMMISSION.
(a) COMPOSITION
OF
THE BOARD
OF COMMIS-
SIONERS.—The Board of Commissioners (hereinafter re-
ferred to as the ‘‘Board’’) shall be composed of 7 members
who shall be appointed by the President by and with the
advice and consent of the Senate. The President shall des-
ignate one member to serve as Director of the Board of
Commissioners. Not more than 4 members may be of the
same political party. The members of the Board shall be
full-time employees.
(b) APPOINTMENTS AND TERMS OF OFFICE.—
(1) Except as provided in paragraph (2), the
term of each Commissioner shall be 6 years.
(2) Of the members first appointed, 4 shall be
appointed to terms of 3 years. Not more than 2
members appointed under this paragraph may be of
the same political party.
(3) A member appointed to fill a vacancy occur-
ring before the expiration of the term for which that
member’s predecessor was appointed shall be ap-
pointed only for the remainder of that term.
(4) No person shall serve as a member of the
Board for more than 2 terms.
(c) COMPENSATION.—Each member of the Board
shall receive compensation at the annual rate of basic pay
in effect for level V of the Executive Schedule.
(d) ELIGIBILITY.—A member of the Board may not
have been employed by the Services within the period be-
ginning 5 years before appointment, or employed by any
law enforcement agency within the period beginning 1 year
before appointment.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) INVESTIGATIONS OFFICE.—The Review Commis-
sion shall employ such investigative personnel as the
Board considers advisable, in accordance with the civil
service and classification laws. Investigators shall be
charged with the responsibility of investigating all com-
plaints brought to the Review Commission’s attention.
(b) COMMUNITY OUTREACH OFFICE.—The Board
shall appoint a Director of Community Outreach. The Di-
rector of Community Outreach shall establish local com-
munity task forces to improve the working relationship be-
tween the Services and local community groups and orga-
nizations.
(c) REVIEW COMMISSION FACILITIES.—The Review
Commission shall establish a headquarters and 3 regional
offices. The Review Commission may not maintain offices
in a facility under the control or operation of the Services,
or any facility in which either of the Services occupies
space.
(d) PERSONNEL LIMITATION.—An employee of the
Review Commission may not have been employed by the
Services within the period beginning 5 years before ap-