article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Enforcement Review Commission Act''. SEC. 2. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION. There is established the Immigration Enforcement Review Commission (hereinafter referred to as the ``Review Commission''). The Review Commission shall be comprised of a Board of Commissioners, an Investigations Office, 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 (hereinafter 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 investigating 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 Service employees responsible for committing abuses. The Review Commission shall also make policy recommendations to the Services as appropriate. SEC. 4. REVIEW COMMISSION. (a) Composition of the Board of Commissioners.--The Board of Commissioners (hereinafter referred 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 designate 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 occurring before the expiration of the term for which that member's predecessor was appointed shall be appointed 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 beginning 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 Commission 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 complaints brought to the Review Commission's attention. (b) Community Outreach Office.--The Board shall appoint a Director of Community Outreach. The Director of Community Outreach shall establish local community task forces to improve the working relationship between the Services and local community groups and organizations. (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 appointment or employed by any law enforcement agency within the period beginning 1 year before appointment. (e) Regulations.--The Review Commission is authorized to promulgate such rules and regulations as may be necessary to carry out this Act including procedures for the filing, investigation, and resolution of complaints. SEC. 6. OPERATIONS OF REVIEW COMMISSION. (a) Complaint Forms.-- (1) Complaint forms shall be made available at all Service facilities and shall be available upon request from the Review Commission. (2) The complaint forms shall be written in languages reflecting the languages of the immigrant population. (b) Filing of Complaints.-- (1) Complaints may be filed in person, by mail, by telephone, by facsimile, or by any other reasonable means. Complaints may be filed by any person, including anonymously, and may be filed on behalf of third parties. Complaints need not be filed on the official complaint forms. (2) The Review Commission shall establish and operate a multilingual, 24-hour, toll-free hotline to receive complaints. (3) Whenever possible, upon receipt of a complaint, the Review Commission shall provide to the complainant information which describes the review procedures of the Review Commission. Such information shall be available in languages reflecting the languages of the immigrant population. (c) Public Outreach.-- (1) The Review Commission shall educate members of the public about its functions and shall receive and actively seek out suggestions from the public to improve the functioning of the Review Commission. (2) The Review Commission shall develop outreach materials, which shall include, a description of the Review Commission, its duties, and complaint procedures. Such materials shall be made available to the public in languages reflecting the languages of the immigrant population. (3) The Review Commission shall oversee the display and dissemination of outreach materials at all Service facilities. (d) Service Employees' Duty To Inform Commission.-- (1) When a complaint of agent misconduct is brought to the attention of any Service employee, the employee shall promptly inform the complainant of proper procedures for filing a complaint. (2) A Service employee who witnesses or otherwise obtains actual knowledge of the use of force, that is unreasonable in light of the facts and circumstances and involves another Service employee, shall report such incident to the Review Commission within 24 hours of the acquisition of knowledge of such incident. (3) The Review Commission may promulgate regulations requiring Service employees to report to the Commission other violations of the Services' operating procedures. (e) Investigation of Complaints.--Each complaint shall be investigated by an investigator who shall complete and submit a written report to the Board of Commissioners within 60 days of the assignment, unless the Board authorizes an extension. The Services shall grant investigators access to information, documents, or other items relevant to the matter under investigation. The Board may issue subpoenas. Service employees shall cooperate fully with Review Commission investigations, subject to the protections afforded by the Constitution. Service employees shall be advised of their constitutional rights and the procedural rights afforded under this Act. (f) Disposition of Complaints.-- (1) When the Board receives a written report on a complaint from an investigator, the Board shall designate a panel of 3 of its members (hereinafter referred to as the ``Panel'') to review the report. (2) The Panel shall conduct hearings on the complaint if-- (A) the alleged abuse is of a serious nature, as defined by the regulations prescribed under authority of this Act; or (B) the Panel, by majority vote, decides to hold a hearing. (3) The Panel shall issue a written finding on the complaint based on the report alone or on the report and a hearing, if one is held. (4) The Panel shall forward its finding to both the complainant and the Service employee. The complainant and the Service employee shall have 30 days in which to review the Panel's official finding. During the 30-day period, either the complainant or the Service employee may take one of the following actions: (A) If no hearing was held, request that the Panel conduct a hearing. A hearing shall be held if one member of the Panel votes to hold a hearing. (B) Regardless of whether a hearing was held, request an en banc review of the Panel's decision. An en banc review will be granted if a majority of the Board votes to conduct such review. (5) If neither party makes a request pursuant to subparagraphs (A) or (B) of paragraph (4), or if such a request is denied, then the Board, promptly, shall report its finding to the appropriate Service. (6) All findings made by the Board of Commissioners sitting en banc shall be reported directly to the appropriate Service with copies to the complainant and the Service employee. (g) Hearings.-- (1) Both the complainant and the subject Service employee shall have the right to be represented by counsel or other representative at Board hearings, to present witnesses, and to cross-examine witnesses. (2) Any finding of a violation on the part of a Service employee by the Board must be established by a preponderance of the evidence. (3)(A) Except as provided in subparagraph (B), hearings shall be open to the public and transcripts of hearings shall be available to the public. (B) For good cause the Board of Commissioners may close to the public all or any part of a hearing and may seal all or any part of the transcript of a hearing. (4) Unless mandated by unusual circumstances, a hearing shall be conducted in one location within the United States that is generally convenient to the complainant and any potential witnesses. (h) Disciplinary Recommendations.-- (1) When a finding of a violation may constitute a criminal offense, the Board of Commissioners shall inform the appropriate Federal or State authorities so that appropriate prosecutorial action may be considered. Prosecutorial action shall not relieve the Board of its duties under this Act. (2) When a complaint has been substantiated, the Board shall recommend disciplinary action against the subject Service employee. The Board's recommendations shall be based on a schedule of sanctions determined by the Commission. If the Services do not adopt the recommendations of the Board, they shall provide a written explanation of the grounds for refusal to do so within 30 days of the Board's recommendation. The Commission's recommendations and the Service's explanation shall be made public. (3) Nothing in this Act shall affect the Services' authority to discipline their employees. (i) Early Warning Program.--The Review Commission shall conduct a periodic review of all complaints in order to determine whether particular Service employees have been the subject of repeated complaints or have otherwise demonstrated they may be having difficulty dealing appropriately with members of the public. The results of this review shall be presented to the Services. The Review Commission shall make recommendations to the Services with respect to so identified Service employees including, but not limited to, recommendations of training or counseling. (j) Records of Complaints and Statistical Summaries.--The Review Commission shall maintain records of complaints, including a summary of reports made pursuant to the Early Warning Program under subsection (i). The Review Commission shall compile and publish, at least annually, a statistical summary of all complaints received and the dispositions of such complaints. SEC. 7. RETALIATION. (a) Retaliation Prohibited.--Retaliation is prohibited and shall constitute the basis for a complaint to the Commission. (b) Definition.--For the purposes of this Act, the term ``retaliation'' means any action or threat of action against a person, including a Service employee, because such person filed a complaint, testified, assisted, or participated in any manner in an investigation or hearing related to the complaint procedures established by this Act. SEC. 8. LIMITATION ON USE OF TESTIMONY. No testimony or other information gathered as part of a complaint, investigation, or hearing under this Act may be used in any proceeding under the Immigration and Nationality Act. SEC. 9. FUNDING. Funds authorized to be appropriated for the Offices of Inspector General of the Department of Justice and the Department of the Treasury are authorized to be available to carry out this Act.
summary: Immigration Enforcement Review Commission Act - Establishes the Immigration Enforcement Review Commission, composed of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. States that the Commission shall: (1) investigate civil rights abuse complaints against the Immigration and Naturalization Service and the Customs Service or their employees; and (2) make policy recommendations as appropriate.