individual has died as the result of an encounter with U.S. Customs and Border Protection, and the result of any subsequent investigation. Such reports shall also detail all instances in which an individual, including an individual in the custody of U.S. Customs and Border Protection, has suffered serious injuries requiring hospitalization as a result of the use of force by U.S. Customs and Border Protection. 413. Establishment of the Office of Ombudsman for Border And Immigration Related Concerns (a) In general 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. (b) Functions The functions of the Ombudsman shall be to— (1) 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