I 
113TH CONGRESS 
2D SESSION 
H. R. 4303 
To increase transparency, accountability, and community engagement within 
U.S. Customs and Border Protection, provide independent oversight of 
border security activities, improve training for U.S. Customs and Border 
Protection agents and officers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2014 
Mr. O’ROURKE (for himself, Mr. PEARCE, and Mr. VELA) introduced the fol-
lowing bill; which was referred to the Committee on Homeland Security, 
and in addition to the Committees on the Judiciary and Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To increase transparency, accountability, and community en-
gagement within U.S. Customs and Border Protection, 
provide independent oversight of border security activi-
ties, improve training for U.S. Customs and Border Pro-
tection agents and officers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Enforcement 
Accountability, Oversight, and Community Engagement 
Act of 2014’’. 
SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 
(a) DEPARTMENT OF HOMELAND SECURITY BORDER 
OVERSIGHT COMMISSION.— 
(1) ESTABLISHMENT.—There is established an 
independent commission, which shall be known as 
the ‘‘Department of Homeland Security Border 
Oversight Commission’’ (in this Act referred to as 
the ‘‘Commission’’). 
(2) ORGANIZATION.— 
(A) LEADERSHIP.—The Commission shall 
be led by a Chair and Vice Chair. 
(B) SUBCOMMITTEES.— 
(i) IN GENERAL.—The Chair shall es-
tablish within the Commission two sub-
committees that will be comprised of rep-
resentatives from each State on the north-
ern border and each State on the southern 
border. 
(ii) 
NORTHERN
BORDER
SUB-
COMMITTEE.—The northern border sub-
committee shall consist of ten members 
from the northern border region, including 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
at least one uniformed agent or officer of 
U.S. Customs and Border Protection, in 
accordance with subparagraph (C). 
(iii) 
SOUTHERN
BORDER
SUB-
COMMITTEE.—The southern border sub-
committee shall consist of ten members 
from the southern border region, including 
at least one uniformed agent or officer of 
U.S. Customs and Border Protection, in 
accordance with subparagraph (C). 
(iv) 
ELECTION.—Members 
of 
the 
northern and southern border subcommit-
tees shall elect the Chair and Vice Chair of 
the Commission from among its members. 
The Chair and Vice Chair may not be from 
the same subcommittee. 
(C) APPOINTMENT PROCESS.—Members of 
the Commission shall be appointed as follows: 
(i) The President shall appoint four 
representatives from the northern border 
region and four representatives from the 
southern border region. 
(ii) The House Speaker shall appoint 
three representatives from the northern 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
border region and three representatives 
from the southern border region. 
(iii) The Senate Majority Leader shall 
appoint three representatives from the 
northern border region and three rep-
resentatives from the southern border re-
gion. 
(D) APPOINTMENT
DEADLINE.—Members 
of the Commission shall be appointed not later 
than 180 days after the date of the enactment 
of this Act. 
(E) TERMS OF OFFICE.—The Chair and 
Vice Chair of the Commission shall serve for 
terms of four years. Members of the northern 
border and southern border subcommittees shall 
serve for terms of four years. 
(3) 
QUALIFICATIONS.—Membership 
on 
the 
Commission and its subcommittees shall to the 
greatest extent possible include security experts, 
training experts, civil rights and civil liberties ex-
perts, representatives of faith based organizations, 
officials from local law enforcement on the northern 
and southern borders, officials from local govern-
ment on the northern and southern borders, and 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
business and civic organizations along the northern 
and southern borders. 
(4) MEETINGS.— 
(A) COMMISSION.—The Commission shall 
meet at least semiannually, and may convene 
additional meetings as necessary. 
(B) SUBCOMMITTEES.—The northern bor-
der and southern border subcommittees shall 
meet at least quarterly, and may convene addi-
tional meetings as necessary. 
(5) DUTIES.—The Commission, and the north-
ern border and southern border subcommittees, 
shall— 
(A) develop recommendations for improve-
ments regarding border enforcement policies, 
strategies, and programs that take into consid-
eration their impact on border communities; 
(B) evaluate policies, strategies, and pro-
grams of Federal agencies operating along the 
northern and southern borders to— 
(i) protect— 
(I) due process; 
(II) the civil and human rights of 
border residents and visitors; and 
VerDate Mar 15 2010 
22:44 Mar 31, 2014
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
(III) private property rights of 
land owners; 
(ii) reduce the number of migrant 
deaths; and 
(iii) improve the safety of agents and 
officers of U.S. Customs and Border Pro-
tection; 
(C) develop recommendations for improve-
ments regarding the safety of agents and offi-
cers of U.S. Customs and Border Protection 
when such agents and officers are in the field; 
and 
(D) evaluate training, including estab-
lishing training courses related to management 
and leadership skills for supervisors in each 
Border Patrol sector and at each port of entry 
on the northern and southern borders, the ex-
tent to which supervisory and management per-
sonnel practices at U.S. Customs and Border 
Protection encourage and facilitate workforce 
development for agents and officers, promote 
agent and officer field safety, and post-FLETC 
training of border enforcement personnel in ac-
cordance with section 6. 
(6) ADDITIONAL RESPONSIBILITIES.— 
VerDate Mar 15 2010 
22:44 Mar 31, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
(A) IN GENERAL.—In carrying out the du-
ties specified in paragraph (5), the Commission 
shall take into consideration any recommenda-
tions and evaluations agreed upon by the north-
ern border and southern border subcommittees. 
(B) 
SUBCOMMITTEE
REPORTS.—The 
northern border and southern border sub-
committees shall annually submit to the Chair 
and Vice Chair of the Commission a publically 
available report containing the recommenda-
tions and evaluations of the subcommittees pur-
suant to paragraph (5). 
(7) PROHIBITION
ON
COMPENSATION.—Mem-
bers of the Commission and the northern border and 
southern border subcommittees may not receive pay, 
allowances, or benefits from the Government by rea-
son of their service on the Commission or the sub-
committees. 
(b) POWERS OF THE COMMISSION.— 
(1) IN GENERAL.— 
(A) 
HEARINGS
AND
EVIDENCE.—The 
Commission or, on the authority of the Com-
mission, any subcommittee or member thereof, 
may, for the purpose of carrying out this Act— 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
(i) hold such hearings, and sit and act 
at such times and places, take such testi-
mony, receive such evidence, and admin-
ister such oaths, and 
(ii) subject to subparagraph (B), re-
quire, by subpoena or otherwise, the at-
tendance and testimony of such witnesses 
and the production of such books, records, 
correspondence, memoranda, papers, and 
documents, 
as the Commission or such designated sub-
committee or designated member determines 
necessary to carry out its duties under sub-
section (a)(5). 
(B) SUBPOENAS.— 
(i) ISSUANCE.—A subpoena may be 
issued under this subsection only by— 
(I) the Chair and Vice Chair of 
the Commission; or 
(II) a recorded vote of two-thirds 
of the members of the northern border 
or southern border subcommittees, as 
the case may be. 
(ii) 
SERVICE.—Subpoenas 
issued 
under this subsection may be served by— 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
(I) any person designated by the 
Chair or the Vice Chair of the Com-
mission; or 
(II) any member of the Commis-
sion designated by a majority of the 
Commission. 
(iii) ENFORCEMENT.— 
(I) IN GENERAL.—In the case of 
contumacy or failure to obey a sub-
poena issued under this subsection, 
the United States district court for 
the judicial district in which the sub-
poenaed person resides, is served, or 
may be found, or where the subpoena 
is returnable, may issue an order re-
quiring such person to appear at any 
designated place to testify or to 
produce documentary or other evi-
dence. Any failure to obey the order of 
the court may be punished by the 
court as contempt of that court. 
(II) ADDITIONAL MEASURES.—In 
the case of any failure of an individual 
to comply with any subpoena issued 
under this section, the Commission, 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
may, by a majority vote, certify a 
statement of fact constituting such 
failure to the appropriate United 
States attorney. 
(iv) LIMITATION.—A subpoena may 
be issued only if the Commission certifies 
to the Secretary of Homeland Security 
that such issuance is necessary to carry 
out its duties under subsection (a)(5), and 
that all reasonable efforts will be taken to 
limit the disclosure of personally identifi-
able information to the greatest extent pos-
sible. 
(c) SAVINGS PROVISION.—Nothing in this Act may 
be construed as affecting in any manner the investigative 
and disciplinary procedures of U.S. Customs and Border 
Protection or the Department of Homeland Security with 
respect to agents and officers of U.S. Customs and Border 
Protection. 
(d) REPORTS.— 
(1) ANNUAL REPORTS.—The Commission shall 
annually submit to the Secretary of Homeland Secu-
rity a publically available report containing informa-
tion on the activities, findings, and recommendations 
of the Commission, including the northern border 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
and southern border subcommittees, for the pre-
ceding year. 
(2) CONGRESSIONAL NOTIFICATION.—The Sec-
retary of Homeland Security shall brief the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate on each 
report required under paragraph (1). 
SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS-
MAN FOR BORDER AND IMMIGRATION RE-
LATED CONCERNS. 
(a) IN GENERAL.—Section 452 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 272) is amended to read 
as follows: 
‘‘SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION 
RELATED CONCERNS. 
‘‘(a) IN GENERAL.—There shall be within the De-
partment an Ombudsman for Border and Immigration Re-
lated Concerns (in this section referred to as the ‘Ombuds-
man’). The individual appointed as Ombudsman shall have 
a background in immigration or civil liberties law or law 
enforcement. The Ombudsman shall report directly to the 
Secretary. 
‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec-
retary shall take appropriate action to ensure the inde-
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
pendence of the Ombudsman’s office from other officers 
or employees of the Department engaged in border secu-
rity or immigration activities. 
‘‘(c) STAFFING.—The Secretary shall take appro-
priate action to ensure that the Ombudsman’s office is 
sufficiently staffed and resourced to carry out its duties 
effectively and efficiently. 
‘‘(d) FUNCTIONS.—The functions of the Ombudsman 
shall be as follows: 
‘‘(1) To establish an independent, neutral, and 
appropriately confidential process to receive, inves-
tigate, resolve, and provide redress, including immi-
gration relief, monetary damages, or any other ac-
tion determined appropriate, for complaints, griev-
ances, or requests for assistance from individuals, 
associations, and employers regarding the border se-
curity and immigration activities of the Department. 
‘‘(2) To conduct inspections of the facilities, in-
cluding contract facilities, of U.S. Customs and Bor-
der Protection, U.S. Immigration and Customs En-
forcement, and U.S. Citizenship and Immigration 
Services. 
‘‘(3) To assist individuals and families who 
have been victims of crimes committed by aliens or 
of violence near the United States border, and indi-
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
viduals and families impacted by situations in which 
the Department has exercised force. 
‘‘(4) To identify areas in which individuals, as-
sociations, and employers have identified concerns 
with respect to interacting with U.S. Customs and 
Border Protection, U.S. Immigration and Customs 
Enforcement, or U.S. Citizenship and Immigration 
Services. 
‘‘(5) To propose changes in the administrative 
practices of U.S. Customs and Border Protection, 
U.S. Immigration and Customs Enforcement, and 
U.S. Citizenship and Immigration Services to miti-
gate problems identified under this section. 
‘‘(6) To review, examine, and make rec-
ommendations regarding the border security and im-
migration and enforcement activities of U.S. Cus-
toms and Border Protection, U.S. Immigration and 
Customs Enforcement, and U.S. Citizenship and Im-
migration Services. 
‘‘(7) To establish a uniform and standardized 
complaint process regarding complaints against all 
Customs and Border Protection officers, Border Pa-
trol agents, and CBP Agricultural Specialists for 
violations of standards of professional conduct. Such 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
complaint process shall have the following compo-
nents: 
‘‘(A) Require that all complaints receive an 
independent review and investigation completed 
not later than one year from the date of receipt 
of each such complaint. 
‘‘(B) Require that complainants receive 
written confirmation of receipt of their com-
plaints not later than 90 days from the date of 
receipt of each such complaint, and a written 
summary regarding the outcome of such com-
plaints not later than one year after such date 
of receipt, including findings of fact, rec-
ommended action, and available redress. 
‘‘(C) Feature a centralized multilingual on-
line complaint form that includes street ad-
dress, toll-free telephone number, and electronic 
mailbox address to permit an individual to file 
an immigration or border-related complaint and 
submit supporting evidence through the portal 
of choice of any such individual. Information re-
lating to such form shall be visible at ports of 
entry and at Border Patrol interior checkpoints. 
‘‘(D) Include procedures for referring com-
plaints to the Office for Civil Rights and Civil 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
Liberties, Office of the Inspector General, or 
other appropriate agency of the Department of 
Homeland Security. 
‘‘(E) Establish a publicly accessible na-
tional, standardized database capable of track-
ing and analyzing complaints and their resolu-
tion. 
‘‘(F) Provide publicly accessible records, 
with copies of complaints, and their resolutions 
permanently preserved and available for inspec-
tion, while maintaining the confidentiality of 
complainants’ identities. 
‘‘(8) To establish an online detainee locator sys-
tem for individuals held in U.S. Customs and Border 
Protection custody. 
‘‘(e) OTHER RESPONSIBILITIES.—In addition to the 
functions specified in subsection (d), the Ombudsman 
shall— 
‘‘(1) monitor the coverage and geographic allo-
cation of local offices of the Ombudsman, including 
appointing local ombudsmen for border and immi-
gration related concerns; 
‘‘(2) evaluate and take personnel actions (in-
cluding dismissal) with respect to any employee of 
the Ombudsman; 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(3) recommend disciplinary action, including 
contract termination, suspension, and debarment, or 
termination, suspension, and sanctions, to the appro-
priate departmental entity regarding any contractor 
proven to have violated departmental policies or pro-
cedures while executing any border security or immi-
gration activity; 
‘‘(4) refer to the Inspector General of the De-
partment any complaints of the violation of depart-
mental policies or procedures by any Department 
employee relating to border security or immigration 
activity; and 
‘‘(5) provide a complainant with a summary of 
the outcome of any action taken in response to a 
complaint, grievance, or request for assistance from 
such complainant, including any findings of fact, 
recommended action, and available redress. 
‘‘(f) COMPLAINANTS.—The following shall apply to 
all complainants: 
‘‘(1) Any interested party, including a legal rep-
resentative, may file a complaint through the com-
plaint procedure pursuant to subsection (d)(7). 
‘‘(2) Complainants and other individuals identi-
fied in a complaint shall be protected from retalia-
tory action by law enforcement or by any officer of 
VerDate Mar 15 2010 
19:03 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4303.IH
H4303
tkelley on DSK3SPTVN1PROD with BILLS