[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 167
116th CONGRESS
  1st Session
                                H. R. 3525

                          [Report No. 116-211]

 To amend the Homeland Security Act of 2002 to direct the Commissioner 
 of U.S. Customs and Border Protection to establish uniform processes 
   for medical screening of individuals interdicted between ports of 
                     entry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2019

Ms. Underwood introduced the following bill; which was referred to the 
                     Committee on Homeland Security

                           September 18, 2019

     Additional sponsors: Mr. Payne, Mr. Richmond, Mr. Thompson of 
   Mississippi, Mr. Meeks, Mr. Veasey, Mr. Johnson of Georgia, Mrs. 
 Beatty, Mr. Evans, Ms. Pressley, Ms. Lee of California, Ms. Kelly of 
 Illinois, Ms. Clarke of New York, Mrs. Watson Coleman, Ms. Fudge, Ms. 
Johnson of Texas, Mr. Danny K. Davis of Illinois, Mr. Rush, Mr. Lewis, 
                 Mr. Clyburn, Mr. Suozzi, and Mr. Welch

                           September 18, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               27, 2019]


_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to direct the Commissioner 
 of U.S. Customs and Border Protection to establish uniform processes 
   for medical screening of individuals interdicted between ports of 
                     entry, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``U.S. Border Patrol Medical Screening 
Standards Act''.

SEC. 2. UNIFORM PROCESSES FOR MEDICAL SCREENING OF INDIVIDUALS 
              INTERDICTED BETWEEN PORTS OF ENTRY.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231) is amended by adding at the end the 
following new section:

``SEC. 437. MEDICAL SCREENING OF INDIVIDUALS INTERDICTED BETWEEN PORTS 
              OF ENTRY.

    ``(a) In General.--To improve border security and the processing of 
individuals and families interdicted by the U.S. Border Patrol between 
ports of entry, the Commissioner of U.S. Customs and Border Protection, 
in coordination with the Chief Medical Officer of the Department, 
shall, not later than 30 days after the date of the enactment of this 
section, establish uniform processes and training to ensure consistent 
and efficient medical screening of all individuals, with priority given 
to children who have not yet attained the age of 18, so interdicted 
before transfer from U.S. Customs and Border Protection custody, but in 
no case longer than 12 hours after such interdiction, or 6 hours in the 
case of a high priority individual. Such screening should be conducted 
by a medical professional and should be developed in collaboration with 
non-governmental experts in the delivery of health care in humanitarian 
crises and in the delivery of health care to children.
    ``(b) Screening Process Components.--At a minimum, the uniform 
processes and training established under subsection (a) shall include 
the following:
            ``(1) Requirements for initial in-person screening that 
        includes documentation of the following:
                    ``(A) Visual assessment of overall physical and 
                behavioral state, including any possible disability.
                    ``(B) A brief medical history, including 
                demographic information, current medications (including 
                a list of confiscated medications and whether such have 
                been replaced), and any chronic or past illnesses.
                    ``(C) Any current medical complaints.
                    ``(D) A physical examination that includes the 
                screening of vital signs such as body temperature, 
                pulse rate, and blood pressure.
            ``(2) Criteria for determining when to make a referral to 
        higher medical care and a process to execute such referral.
            ``(3) Recordkeeping requirements regarding how information 
        is to be recorded for each initial screening under paragraph 
        (1), including information on the use of interpretation 
        services.
            ``(4) Review by a medical professional of any prescribed 
        medication that is in the detainee's possession or that was 
        confiscated upon arrival to determine if such medication may be 
        kept by such detainee for use during detention, properly stored 
        with appropriate access for use during detention, or maintained 
        with a detainee's personal property.
            ``(5) Chaperones for the physical examination of minors, 
        including, as appropriate, the parent, legal guardian, or the 
        such minors' closest present adult relative, or a U.S. Border 
        Patrol agent of the same gender.
    ``(c) Pediatric Expertise.--A pediatric medical expert shall be on 
site in every U.S. Border Patrol sector, including at U.S. Border 
Patrol processing centers and at U.S. Border Patrol facilities at which 
20 percent or more of detained individuals over the immediately 
preceding six month period are minors. The Chief of the U.S. Border 
Patrol shall prepare a plan to deploy in-person or technology-
facilitated medical consultation with a licensed medical professional 
to U.S. Border Patrol facilities that experience an increase in 
apprehensions of children greater than 10 percent over the preceding 60 
days.
    ``(d) Definition.--In this section, the term `high priority 
individual' means an individual who self-identifies as having a medical 
condition needing prompt attention, exhibits signs of acute illness, is 
pregnant, is a child, or is elderly.
    ``(e) Training.--Not later than 60 days after the issuance of the 
uniform processes and training established under subsection (a), the 
Commissioner of U.S. Customs and Border Protection shall ensure that 
any individual carrying out medical screening under this section at a 
U.S. Customs and Border Protection facility of individuals interdicted 
by the U.S. Border Patrol between ports of entry shall complete 
training on such uniform processes.''.
    (b) Rule of Construction.--Nothing in this section or the amendment 
made by this section may be construed as authorizing U.S. Customs and 
Border Protection to detain individuals for longer than 72 hours.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 436 the following new item:

``Sec. 437. Medical screening of individuals interdicted between ports 
                            of entry.''.

SEC. 3. RESEARCH REGARDING PROVISION OF MEDICAL SCREENING OF 
              INDIVIDUALS INTERDICTED BY U.S. CUSTOMS AND BORDER 
              PROTECTION BETWEEN PORTS OF ENTRY.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security, acting 
through the Under Secretary for Science and Technology of the 
Department of Homeland Security, in coordination with the Commissioner 
of U.S. Customs and Border Protection and the Chief Medical Officer of 
the Department, shall research innovative approaches to address 
capability gaps regarding the provision of comprehensive medical 
screening of individuals, particularly children, pregnant women, the 
elderly, and other vulnerable populations, interdicted by U.S. Customs 
and Border Protection between ports of entry and issue to the Secretary 
recommendations for any necessary corrective actions.
    (b) Consultation.--In carrying out the research required under 
subsection (a), the Under Secretary for Science and Technology of the 
Department of Homeland Security shall consult with appropriate national 
professional associations with expertise and non-governmental experts 
in emergency, nursing, and other medical care, including pediatric 
care.
    (c) Report.--The Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report containing the recommendations referred to in subsection (a), 
together with information relating to what actions, if any, the 
Secretary plans to take in response to such recommendations.

SEC. 4. ELECTRONIC HEALTH RECORDS IMPLEMENTATION.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Chief Information Officer of the Department 
of Homeland Security, in coordination with the Chief Medical Officer of 
the Department, shall establish within the Department an electronic 
health record system that can be accessed by all departmental 
components operating along the borders of the United States for 
individuals in the custody of such components.
    (b) Assessment.--Not later than 120 days after the implementation 
of the electronic health records system, the Chief Information Officer, 
in coordination with the Chief Medical Officer, shall conduct an 
assessment of such system to determine system capacity for improvement 
and interoperability.
                                                 Union Calendar No. 167

116th CONGRESS

  1st Session

                               H. R. 3525

                          [Report No. 116-211]

_______________________________________________________________________

                                 A BILL

 To amend the Homeland Security Act of 2002 to direct the Commissioner 
 of U.S. Customs and Border Protection to establish uniform processes 
   for medical screening of individuals interdicted between ports of 
                     entry, and for other purposes.

_______________________________________________________________________

                           September 18, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed