[Congressional Record Volume 165, Number 125 (Wednesday, July 24, 2019)]
[House]
[Pages H7336-H7345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





HUMANITARIAN STANDARDS FOR INDIVIDUALS IN CUSTOMS AND BORDER PROTECTION 
                              CUSTODY ACT


                             General Leave

  Ms. LOFGREN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material on H.R. 3239, the Humanitarian Standards for 
Individuals in Customs and Border Protection Custody Act.
  The SPEAKER pro tempore (Mr. Higgins of New York). Is there objection 
to the request of the gentlewoman from California?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 509 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 3239.
  The Chair appoints the gentleman from California (Mr. Carbajal) to 
preside over the Committee of the Whole.

                              {time}  1836


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 3239) to require U.S. Customs and Border Protection to perform an 
initial health screening on detainees, and for other purposes, with Mr. 
Carbajal in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall not exceed 1 hour equally divided and controlled 
by the chair and ranking minority member of the Committee on the 
Judiciary.
  The gentlewoman from California (Ms. Lofgren) and the gentleman from 
Florida (Mr. Steube) each will control 30 minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. LOFGREN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chair, I rise in support of H.R. 3239, the Humanitarian Standards 
for Individuals in Customs and Border Protection Custody Act, a bill 
that will address an important piece of the humanitarian crisis at the 
border, ensuring the delivery of basic standards of care for 
individuals who are detained in CBP custody.
  Many of us, including myself, have traveled to our southern border 
over the past couple of months and witnessed firsthand the effects of 
the situation that continues to unfold. No one who has made that 
journey has not been deeply moved by the severe overcrowding and 
inhumane conditions at some CBP facilities.
  If you have not observed these conditions in person, you have 
undoubtedly seen pictures or read the latest DHS inspector general 
report and know how serious this situation is:
  Families, children, and single adults housed outside or in severely 
overcrowded cells;
  Lack of access to showers, functioning toilets, and basic personal 
hygiene products;
  Flu outbreaks, lice infestations, and other conditions that threaten 
the health and safety of everyone who is exposed to them.
  Mr. Chairman, I will include in the Record a copy of the report 
submitted by the inspector general of the Department of Homeland 
Security on the situation at the border.
  The situation is so dire that no less than three children and seven 
other individuals have died in CBP custody so far this fiscal year. By 
comparison, not a single child died in CBP custody in the previous 
decade.
  Although the administration asserts that these conditions are the 
inevitable result of the increase in the number of people seeking 
protection at our border, it is not just the numbers that are the 
problem. It is the administration's mission to deter migration through 
heavy-handed enforcement and its steadfast refusal to address the 
crisis competently that has gotten us where we are today.
  H.R. 3239 will literally save lives by restoring order and basic 
standards in the processing of immigrants at the border.
  H.R. 3239 requires CBP to ensure that all individuals arriving at our 
border receive a basic health screening, and the bill also requires 
other emergency care professionals to be available at least by phone so 
that, if a life-threatening situation arises, it can be addressed 
quickly instead of hours later when it is too late.
  H.R. 3239 would also prohibit overcrowding and requires migrants to 
have access to showers, basic hygiene products, and clean clothing so 
they are not forced to sit in clothing soiled from dirt and sweat for 
weeks and days at a time. Detainees would have access to water and 
standard age-appropriate diets comprised of food that follows 
applicable safety standards.
  My colleagues across the aisle have claimed that H.R. 3239 is 
unworkable because CBP lacks the funding to implement it, but just a 
few weeks ago Congress passed a $4.6 billion spending measure to send 
emergency funding to the border. The Trump administration has yet to 
prove that it can put this money to good use and treat arriving 
migrants competently. H.R. 3239 would do just that.
  I would like to commend our colleague, Representative and Dr. Raul 
Ruiz, for his efforts in moving this bill forward and for his 
commitment to ensuring the dignity and safety of those seeking 
protection in our country.
  I urge all of my colleagues to support the Humanitarian Standards for 
Individuals in CBP Custody Act, and I reserve the balance of my time.
  Mr. STEUBE. Mr. Chair, I yield myself such time as I may consume, and 
rise in opposition to the bill.
  Despite months of opportunities for Congress to intervene in the 
border crisis and actually fix our laws, the Democrat majority has done 
nothing except stand by, at first denying that there was a crisis, and 
then watching as a chaotic and dangerous situation developed.
  The administration repeatedly warned us that the unprecedented 
migrant flow was overwhelming the government's ability to adequately 
respond and that the facilities were overcrowded because they were not 
designed as long-term holding facilities. Yet the Democrat majority 
brought forth no legislation to fix the problems. Instead, they passed 
the Dream Act, a bill which will only incentivize more illegal 
immigration.
  So, aside from the Dream Act, what is the majority's next idea? H.R. 
3239, the Humanitarian Standards for Individuals in Customs and Border 
Protection Custody Act, a bill that will not solve the border crisis 
and, in fact, will make the crisis worse.
  H.R. 3239 does nothing to address the root causes of this crisis:
  It does nothing to address the push-and-pull factors that drive 
illegal immigration, including loopholes in our own laws;
  It does nothing to fix the Flores settlement agreement's guarantee of 
catch and release for almost all family units;
  It does nothing to fix the provision in the Trafficking Victims 
Protection Reauthorization Act that prevents the safe repatriation of 
children from noncontiguous countries;
  It does not introduce reasonable reforms to our asylum laws. Instead, 
it imposes onerous and burdensome requirements on the hundreds of CBP 
facilities at a time when the government is already overwhelmed.
  Of course, CBP should always strive to comply with their custodial 
care standards, and I know that the men and women of CBP are treating 
migrants with respect. But H.R. 3239 does not address the root causes 
of the conditions at CBP facilities: that ICE and HHS do not have 
enough space available to take custody of these individuals.
  The bill does not increase funding for ICE detention beds to ensure 
single adults do not have to be in CBP custody beyond 72 hours. It does 
not fund additional permanent HHS shelter capacity for unaccompanied 
children.
  Instead, in the midst of a chaotic situation, H.R. 3239 imposes 
extensive medical screening, medical care, and facilities requirements 
on to CBP that are, in many cases, simply unworkable.
  This bill's onerous requirements significantly impact CBP's mission 
and ignore the reality that CBP is confronting an influx of migrants 
that has overwhelmed the system and caused a crisis.

                              {time}  1845

  H.R. 3239 requires a fully documented medical screening of each and 
every

[[Page H7337]]

person entering CBP custody, to include a full physical exam, risk 
assessment, interview, medical intake questionnaire, and taking of all 
vital signs.
  In addition, the bill requires CBP to require additional follow-up 
medical care, including psychological and mental health care.
  The bill even requires that CBP shall have onsite, to the extent 
practicable, in addition to the medical professionals employed to 
conduct the initial medical screenings, `` . . . licensed emergency 
care professionals, specialty physicians (including physicians 
specializing in pediatrics, family medicine, obstetrics and gynecology, 
geriatric medicine, internal medicine, and infectious diseases), nurse 
practitioners, other nurses, physician assistants, licensed social 
workers, mental health professionals, public health professionals, 
dieticians, interpreters, and chaperones.'' If it is impracticable to 
have them onsite, CBP must have them on call.
  May I remind you that our own veterans do not have access to the same 
list of healthcare specialists at an initial request at their clinics.
  I offered an amendment that was not made in order that stated that 
this bill would not go into effect until the VA confirms that medical 
care that meets the standards listed in this bill for detainees is made 
available to every veteran seeking medical care at a facility of the 
Department of Veterans Affairs.
  CBP personnel should be interdicting narcotics, preventing illegal 
immigration, stopping child trafficking, and facilitating lawful trade 
and travel, yet H.R. 3239 would have them, instead, setting up full-
service hospitals at hundreds of facilities.
  The requirements of H.R. 3239 apply not only to border patrol 
stations, but also to ports of entry, including land, sea, and air 
ports of entry, checkpoints, forward operating bases, and secondary 
inspection areas.
  As if the current crisis weren't enough of a challenge, the bill 
requires updates to hundreds of CBP facilities, requisition of 
personnel and equipment, and training for all CBP personnel at covered 
facilities, all at an immense cost.
  May I mention again, I offered an amendment that would require the 
DHS Secretary to also report on the cost of implementation of this 
legislation.
  My amendment would have also delayed the 6-month implementation 
requirement if Congress does not appropriate sufficient funds to carry 
out the requirements of this bill, yet H.R. 3239 does not authorize any 
appropriations.
  The requirements apply to facilities no matter the size, the 
location, or even the amount of traffic. So it applies equally to a 
very busy airport, processing millions of passengers a year, just as it 
would to an extremely remote port of entry or to an isolated 
checkpoint.
  Under this bill, there could be more medical personnel working at the 
facility than aliens on any given day.
  H.R. 3239 will also weaken border security at a time when we should 
be enhancing CBP's ability to respond to the surge.
  The bill would limit CBP's ability to house migrants that come during 
a surge, while simultaneously limiting the number of people that could 
be housed in existing CBP processing facilities, yet CBP cannot simply 
process those individuals out to ICE custody, because, again, H.R. 3239 
does not fund any additional ICE detention beds.
  The practical effects of H.R. 3239 are simply more catch-and-release.
  The majority has made no secret that CBP will be forced to release 
even more people into the United States. This is not a design flaw; it 
is a feature of the bill.
  H.R. 3239 also increases the incentive to exploit children to gain 
entry into the United States. Smugglers know migrants will be released 
into the U.S. interior if they bring a child, because of a legal 
loophole created by the Flores settlement agreement preventing those 
family units from being detained for a sufficient amount of time to 
complete their immigrant court proceedings.
  DHS continues to see adults fraudulently posing as a parent. This 
loophole is exploited by smugglers and human traffickers on a daily 
basis, as children are being rented and purchased like chattel.
  H.R. 3239 broadens this loophole even further, extending it beyond 
parents to any adult relative of a child. The incentive to bring a 
child will be even greater, and human traffickers would now be able to 
pose as a child's distant relative to evade detection and take 
advantage of the Flores loophole.
  CBP is already confronting a crisis that is worsening by 
Congressional inaction to fix the loopholes in our laws that fuel 
illegal immigration. Congress shouldn't make the crisis worse by 
passing H.R. 3239.
  Mr. Chair, I oppose the bill and urge my colleagues to do the same. I 
reserve the balance of my time.
  Ms. LOFGREN. Mr. Chairman, I yield 5 minutes to the gentleman from 
California (Mr. Ruiz), my colleague and the author of the bill.
  Mr. RUIZ. Mr. Chair, I thank Chair Lofgren for her leadership on 
addressing the humanitarian crisis at our border.
  I rise in support of H.R. 3239, the Humanitarian Standards for 
Individuals in Customs and Border Protection Custody Act.
  My legislation is meant to prevent children from dying at the border, 
and promote a professional, humane way to treat children and families 
under the custody, and therefore, the responsibility of CBP. But before 
I explain my bill's American-values-based, humanitarian, public health 
approach, I want to refute a few myths.
  First, the myth that this bill costs too much.
  My bill will not raise the deficit one penny and does not require any 
increase in mandatory spending. Instead, it provides the blueprint for 
how CBP should us its current budget and the $4.6 billion in emergency 
funding we recently passed to address the humanitarian crisis.

  Second, the myth that my bill will make it more difficult for CBP to 
prevent human trafficking.
  My bill specifically allows for CBP to separate a child from an adult 
if `` . . . such an arrangement poses safety or security concerns . . . 
'', such as in instances of suspected human trafficking.
  Furthermore, my bill requires CBP personnel to receive training on 
indicators of child sexual exploitation and abuse.
  Third, the myth that my bill requires medical specialists onsite at 
all times.
  That is simply not true. It is simply false.
  My bill only requires a licensed health provider like a nurse, a 
physician assistant, an EMT, or paramedic to conduct health screenings, 
and it empowers CBP to call an emergency care provider to help with 
emergency triage decisions. That is it. And those emergency care 
providers can include those specialists, but it doesn't require them, 
all of them, to be on call at all times or to be onsite.
  Finally, the myth that my bill is too cumbersome for CBP and will 
distract agents from safety and security concerns.
  One, CBP agents want the assistance in my bill because it provides 
them with humanitarian and health assistance to free up their time to 
focus on safety and security issues; therefore, my bill will make our 
country safer.
  And, two--look, I was an early responder after the Haiti earthquake 
and medical director for the largest internally-displaced camp in 
Haiti.
  If nonprofits can meet the humanitarian standards in this bill in the 
worst circumstances in the poorest country in the Western Hemisphere, 
then we can meet them in the greatest country known to man.
  So here is what my bill actually does. It creates a simple health 
triage system and basic humanitarian public health standards.
  It ensures that every individual in CBP custody receives a health 
screening to triage for acute conditions and high-risk vulnerability, 
something that is easy to do. And, no, you don't need a full physical 
exam. You are just triaging. You need vital signs and a cursory 
physical exam. In fact, for most people, it would take less than 5 
minutes to perform.
  It ensures that every individual in CBP custody receives a health 
screening to triage for acute conditions and high-risk vulnerabilities 
so people don't die under the responsibility of CBP.
  It ensures that an emergency care provider is on call to pick up the 
phone and help make triage decisions for life-threatening medical 
emergencies. That is it. That is all we are asking for.

[[Page H7338]]

  My bill also prioritizes high-risk populations, the most vulnerable 
to severe illnesses and dying, to receive a health screening within 6 
hours, including children, pregnant women, and the elderly.
  My bill requires very basic and necessary things like toothbrushes 
and diapers.
  It includes nutrition standards to make sure that infants have 
formula and babies have baby food. How hard is that?
  In terms of shelter, my bill will ensure that people are no longer 
packed and piled on top of each other; that the temperature is not too 
cold, weakening a child's immune system; and that toddlers don't have 
to sleep on a cold concrete floor.
  Finally, my bill addresses the challenges of surge capacity, adds 
training, and requires reporting.
  The straightforward reforms in my bill are essential to protecting 
the health and safety of agents and the children and families in their 
custody.
  Let me repeat myself. Let me reiterate. This is not just for asylum-
seeking children and families. This bill will help CBP agents.
  The CHAIR. The time of the gentleman has expired.
  Ms. LOFGREN. Mr. Chair, I yield an additional 30 seconds to the 
gentleman.
  Mr. RUIZ. Mr. Chair, it will empower CBP to meet the basic provisions 
for human dignity.
  Mr. Chair, I sincerely urge my fellow representatives to listen to 
their better angels, do the right thing, and vote for H.R. 3239, the 
Humanitarian Standards for Individuals in CBP Custody Act, to prevent 
another child from dying in the custody of CBP and to promote a 
professional, humane approach to addressing the humanitarian challenges 
at our border and create the basic conditions for human dignity.
  Mr. STEUBE. Mr. Chair, I yield myself as much time as I may consume.
  I want to bring attention to page 8 of the bill, line 16. I am going 
to read it verbatim: ``The Commissioner or the Administrator of General 
Services shall ensure that each location to which detainees are first 
transported after an initial encounter has onsite at least one licensed 
medical professional to conduct health screenings. Other personnel that 
are or may be necessary for carrying out the functions described in 
subsection (e), such as licensed emergency care professionals, 
specialty physicians (including physicians specializing in pediatrics, 
family medicine, obstetrics and gynecology, geriatric medicine, 
internal medicine, and infectious diseases), nurse practitioners, other 
nurses, physician assistants, licensed social workers, mental health 
professionals, public health professionals, dieticians, interpreters, 
and chaperones, shall be located onsite, to the extent practicable, or 
if not practicable, shall be available on call.''
  In the medical field, ``on call'' means 30 minutes or closer.
  So this bill absolutely requires that all of these specialty 
physicians are available either onsite or within 30 minutes or closer 
to being able to be at the location, any of these CBP locations, and 
they have to be provided this healthcare within 12 hours of manifesting 
themselves at these facilities.
  Right now our veterans don't have access to this healthcare that is 
ensured in this bill for illegal immigrants coming into our country. If 
you go to a clinic at a VA facility, they don't have specialty 
physicians. You have to wait 30 to 60, maybe 90 days to get an 
appointment with a specialty physician in order to get the care that 
that veteran wants or needs, not 12 hours.

  So we are providing through this bill better healthcare opportunities 
for illegal immigrants showing up at the border than we are for our 
veterans who have served our country, who have raised their right hand 
to swear an oath to our Constitution, who have service-connected 
disability, and have the ability to use Veterans Affairs facilities. 
They only get 30 to 60 days to get those medical needs taken care of; 
illegal immigrants get it in 12 hours, according to this bill.
  Mr. Chair, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Chairman, I just would note that we went through 
this in committee during the markup. All of the specialty positions 
listed need not be available at the site, as is mentioned on line 23.
  As we mentioned, if you took a picture of a rash on a child, you 
could text that picture to a pediatrician, say, ``Is this a 
communicable disease or is this a small rash?'' and that would meet the 
requirements of this.
  Mr. Chair, I yield 1 minute to the gentlewoman from Texas (Ms. 
Garcia).
  Ms. GARCIA of Texas. Mr. Chair, I rise in support of H.R. 3239, a 
bill introduced by my friend and colleague from California, Congressman 
Raul Ruiz, and which I proudly cosponsor.
  The humanitarian crisis at the southern border is greatly worsened by 
understaffed, unprepared, and under-equipped CBP facilities.
  I know this. I have seen them firsthand in visits that I have made to 
some of these facilities not only in Texas, but also in New Mexico.
  This bill will alleviate these problems by requiring CBP facilities 
to maintain the personnel and equipment necessary to screen all 
individuals in custody and provide emergency care as needed.

                              {time}  1900

  Our American values, moral conscience, and the Constitution require 
that we treat all individuals on American soil humanely and 
respectfully. For this purpose, border agents must have the equipment, 
resources, and training necessary to carry out this mission and save 
lives.
  Congress must continue working to solve the immigration issue and 
finally end the humanitarian crisis at the southern border.
  Mr. Chairman, I urge all of my colleagues to join me in supporting 
H.R. 3239.
  Mr. STEUBE. Mr. Chairman, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Lee), my colleague.
  Ms. LEE of California. Mr. Chairman, I thank the chairwoman for 
yielding and for her tremendous leadership.
  Mr. Chairman, I rise today in strong support of H.R. 3239, the 
Humanitarian Standards for Individuals in Customs and Border Protection 
Custody Act.
  I thank Dr. Raul Ruiz for bringing his medical expertise to this body 
and introducing this bill to bring some humane treatment to families 
and children seeking refuge in the United States.
  This critical bill creates basic standards for humanitarian care of 
all detainees within CBP facilities. By establishing health screenings, 
emergency medical care, appropriate access to water, nutrition, and 
shelter, these critical standards are a step in the right direction.
  Last year, when I traveled to Brownsville and McAllen, Texas, I saw 
the horrors of the Trump administration's family detention jails. I saw 
children sleeping on concrete floors. It is cruel and inhumane. And I, 
quite frankly, wrote a letter to the United Nations asking the 
secretary general to send observers to report on the conditions and 
treatment of these children and adults.
  Mr. Chairman, I include in the Record my letter.

                                     House of Representatives,

                                    Washington, DC, June 19, 2018.
     His Excellency Mr. Antonio Guterres,
     Secretary General United Nations Headquarters,
     New York, NY.
       Dear Secretary-General Guterres: I write today to request 
     your urgent assistance in the ongoing crisis our country is 
     facing at our Southern Border with Mexico.
       As the Democratic Congressional Representative to the 
     United Nations (UN), I am formally requesting UN observers 
     travel to the United States to report on the conditions of 
     detention facilities and treatment of children, based on 
     relevant international law and human rights principles.
       I am appalled by the reports and images from detention 
     facilities in Texas and other states along the border, where 
     more than 2,300 children have been separated from their 
     parents by border patrol agents.
       This weekend, I will be traveling to the border myself, to 
     witness first-hand the conditions adults and children are 
     facing while in detention.
       I urge you to send experts from relevant UN agencies to 
     observe conditions in both Department of Homeland Security 
     (OHS) and Office of Refugee Resettlement (ORR) facilities 
     both at the border and throughout the more than 17 states 
     around the country that are now housing children who have 
     been separated from their families.
       As a mother, a grandmother, and as a psychiatric social 
     worker, I am most concerned for the physical and mental well 
     being of children separated from their parents at their most 
     vulnerable time. The American

[[Page H7339]]

     Academy of Pediatrics has warned that this practice of family 
     separation can cause irreparable harm to lifelong development 
     by disrupting a child's brain architecture.''
       You recently said in a statement, ``As a matter of 
     principle, the Secretary-General believes that refugees and 
     migrants should always be treated with respect and dignity, 
     and in accordance with existing international law.'' And you 
     added, ``children must not be traumatized by being separated 
     from their parents. Family unity must be preserved.''
       I sincerely hope that you will consider this urgent 
     humanitarian request in a timely manner.
           Sincerely,
                                                      Barbara Lee,
                                               Member of Congress.

  The CHAIR. The time of the gentlewoman has expired.
  Ms. LOFGREN. Mr. Chairman, I yield an additional 30 seconds to the 
gentlewoman from California.
  Ms. LEE of California. Mr. Chairman, it is really our responsibility 
to protect the health and safety of individuals in CBP custody and, 
yes, we have failed.
  By passing this bill today, we are putting critical protocol and 
protections in place for individuals and making sure that their well-
being and health are a priority. We can no longer allow individuals to 
suffer, be abused, or die under CBP. Our values demand that we take 
this action. It is past time for us to protect adults and children 
fleeing violence, seeking a safe haven in America.
  Mr. Chairman, I urge my colleagues to vote yes on this vital bill. 
And I thank Dr. Ruiz for giving us a chance to do the right thing.
  Mr. STEUBE. Mr. Chairman, I continue to reserve the balance of my 
time.
  Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. Castro).
  Mr. CASTRO of Texas. Mr. Chairman, I stand in support and the 
Hispanic Caucus stands in support of H.R. 3239.
  We had an opportunity, not too long ago, to visit rural New Mexico 
and Antelope Wells, a forward operating base, and another Border Patrol 
station. It became very clear to Dr. Ruiz, and to all of us, that the 
Border Patrol is not prepared for medical emergencies that migrants may 
encounter or that their own agents may encounter.
  Something must be done. These folks are not livestock. They are not 
animals. They shouldn't be treated in a subhuman way.
  Mr. Chairman, this bill establishes minimum standards for humane 
care, and I, wholeheartedly, support it.
  Mr. STEUBE. Mr. Chairman, I yield myself the balance of my time to 
close.
  Mr. Chairman, I will make this very quick and to the point. If this 
bill were to become law, illegal immigrants illegally crossing our 
border will have better access to healthcare at government expense than 
our veterans with service-connected disabilities. And not just better 
healthcare access to specialty doctors and psychiatric care, not just 
that, but within a timeframe 30 to 60 days faster than veterans can get 
appointments for medical care at a VA facility.
  The requirements in this bill show that, depending on the scenario, 
CBP has 6 to 12 hours to provide care to the immigrant. A veteran under 
the MISSION Act that was passed by Congress last session, has 30 to 60 
days to get an appointment. So we are treating an illegal immigrant 
within a day, a requirement by law, where veterans have to wait 30 to 
60 days just to get an appointment.
  And let's discuss the cost. Oh, that is right, we don't know the cost 
because the majority didn't consult CBP or Homeland Security, and we 
have absolutely no idea how much this is going to cost. We are going to 
put this unfunded mandate on CBP when they are already taxed and 
already tolled with the crisis that we have on the border and not know 
how much it is going to cost them to implement all of these medical 
requirements that are in this bill.
  Mr. Chairman, I yield back the balance of my time.
  Ms. LOFGREN. Mr. Chairman, I yield myself such time as I may consume 
to close.
  Mr. Chairman, this bill is an important step forward to make sure 
that we have minimal standards at CBP facilities. It is simply 
incorrect to assert that the minimum standards provided for in this 
bill are extravagant extensions of healthcare to people seeking 
assistance.
  If you have a medical emergency, you should call for an ambulance. If 
you are having a heart attack, you should go to a hospital and be 
treated. If you have a medical emergency, you have to be dealt with 
under the section on page 4. If there is an indication of a problem, 
you have to have the ability to reach out to an expert by phone, if 
necessary, or to get some guidance on what to do. This is just common 
sense.
  We have relied on Dr. Ruiz, who saw this very system work in one of 
the hemisphere's poorest nations--Haiti--after an earthquake where they 
had no infrastructure. The nonprofits working there could do this. I 
have no doubt that the richest nation on Earth and the Department of 
Homeland Security could do as well as nonprofits in Haiti after the 
earthquake. And to suggest that they couldn't, I think is really a 
problem.
  I would like to note that if we said that veterans are going to get 
the care outlined in this bill, it would be a dramatic reduction in the 
care provided to veterans because this is a minimal standard. We want 
to do better for our veterans always, but to suggest that they should 
get this, would be a huge reduction in what we owe the veterans of this 
country.
  I thank Dr. Ruiz for the work that he put into this bill. As an 
emergency physician and a public health expert, checking with the 
American Pediatric Association, he came up with a structure that is 
doable and will save the lives of children.
  Mr. Chairman, I hope that we can adopt this bill, and I yield back 
the balance of my time.
  Ms. JACKSON LEE. Mr. Chair, as a senior member of the Judiciary 
Committee, I rise in support of the H.R. 3239, a the ``Humanitarian 
Standards for Individuals in Customs and Border Protection Custody 
Act.''
  I support H.R. 3239, because it would require CBP to perform an 
initial health screening on all individuals in CBP custody and ensure 
that everyone in custody has access to water, sanitation and hygiene, 
food and nutrition, and safe shelter, among other provisions.
  I have also offered two amendments that I truly believe keeps the CBP 
staff and detainees safe under the current conditions.
  My first amendment to H.R. 3239 requires retention of video 
monitoring and certification that the video is on at all times.
  CBP is considered ``at capacity'' when detainee levels reach 4,000.
  However, between May 14 and June 13, 2019, CBP detained more than 
14,000 people per day--and sometimes as many as 18,000.
  A cell with a maximum capacity of 12 held 76 detainees; a cell with a 
maximum capacity of 8 held 41 detainees, and a cell with a maximum 
capacity of 35 held 155 detainees.
  Individuals were standing on toilets in the cells to make room and 
gain breathing space, thus limiting access to the toilets.
  There is limited access to showers and clean clothing, and 
individuals have been wearing soiled clothing for days or weeks.
  While DHS concurred with the recommendation made to alleviate 
overcrowding at the Del Norte Processing Center, it identified November 
30, 2020 as the date on which the situation would be corrected.
  There have been reports of agitation and frustration from the CBP 
staff and the detainees.
  This legislation provides some of the transparency, accountability 
and oversight that protects the detainees and the CBP employees and 
contractors.
  My second amendment to H.R. 3239 requires that the Commissioner shall 
ensure that language-appropriate ``Detainee Bill of Rights,'' including 
indigenous languages, are posted in all areas where detainees are 
located.
  The ``Detainee Bill of Rights'' shall include all rights afforded to 
the detainee under this bill.
  In July, Border Patrol was holding about 8,000 detainees in custody 
at the time of the DHS OIG visit, with 3,400 held longer than the 72 
hours generally permitted under the Transport, Escort, Detention, and 
Search (TEDS) standards.
  Of those 3,400 detainees, Border Patrol held 1,500 for more than 10 
days.
  Border Patrol data indicated that 826 (31 percent) of the 2,669 
children at these facilities had been held longer than the 72 hours 
generally permitted under the TEDS standards and the Flores Agreement.
  The estimated completion date is November 30, 2020 which is too far 
in the future for the pressing issue we are having today.
  Border Patrol agents has said that some single adults had been held 
in standing-room-only conditions for days or weeks. Border Patrol 
management on site said there is an ongoing concern that rising.

[[Page H7340]]

  Currently, there are no regulations to guide CBP on medical 
evaluation or sanitation within the short-term detention facilities.
  It is very concerning that CBP has reported the deaths of four 
children and six adults in CBP custody.
  The posting of the Detainee Bill of Rights allows the detainees to 
understand what screenings will be done during their intake, and what 
help is afforded to them during custody.
  The posting will also help the detainees communicate with the CBP 
employees about what needs may not be met under the provisions of this 
legislation.
  I truly believe this will ease some of the tensions and frustrations 
at the detention facilities.
  I applaud Rep. Raul Ruiz for introducing the Humanitarian Standards 
for Individuals in Customs and Border Protection Custody Act and my 
colleagues for working together to ease tensions in a difficult 
situation.
  I believe that the adoption of the Jackson Lee amendments strengthen 
H.R. 3239 by continuing to provide transparency, accountability and 
oversight.
  I also believe that the Jackson Lee amendment that provided 
transparency for duties that are outsourced to private contractors to 
be subject to FOIA through CBP would have strengthened the bill more 
and is also needed to keep all parties safe.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  In lieu of the amendment in the nature of a substitute recommended by 
the Committee on the Judiciary, printed in the bill, it shall be in 
order to consider as an original bill for the purpose of amendment 
under the 5-minute rule an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 116-26 modified by the 
amendment printed in part B of House Report 116-178. That amendment in 
the nature of a substitute shall be considered as read.
  The text of the amendment in the nature of a substitute is as 
follows:

                               H.R. 3239

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Humanitarian Standards for Individuals in Customs and 
     Border Protection Custody Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Initial health screening protocol.
Sec. 3. Water, sanitation and hygiene.
Sec. 4. Food and nutrition.
Sec. 5. Shelter.
Sec. 6. Coordination and Surge capacity.
Sec. 7. Training.
Sec. 8. Interfacility transfer of care.
Sec. 9. Planning and initial implementation.
Sec. 10. Contractor compliance.
Sec. 11. Inspections.
Sec. 12. GAO report.
Sec. 13. Rule of construction.
Sec. 14. Definitions.

     SEC. 2. INITIAL HEALTH SCREENING PROTOCOL.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection (referred to in this Act as the 
     ``Commissioner''), in consultation with the Secretary of 
     Health and Human Services, the Administrator of the Health 
     Resources and Services Administration, and nongovernmental 
     experts in the delivery of health care in humanitarian crises 
     and in the delivery of health care to children, shall develop 
     guidelines and protocols for the provision of health 
     screenings and appropriate medical care for individuals in 
     the custody of U.S. Customs and Border Protection (referred 
     to in this Act as ``CBP''), as required under this section.
       (b) Initial Screening and Medical Assessment.--The 
     Commissioner shall ensure that any individual who is detained 
     in the custody of CBP (referred to in this Act as a 
     ``detainee'') receives an initial in-person screening by a 
     licensed medical professional in accordance with the 
     standards described in subsection (c)--
       (1) to assess and identify any illness, condition, or age-
     appropriate mental or physical symptoms that may have 
     resulted from distressing or traumatic experiences;
       (2) to identify acute conditions and high-risk 
     vulnerabilities; and
       (3) to ensure that appropriate healthcare is provided to 
     individuals as needed, including pediatric, obstetric, and 
     geriatric care.
       (c) Standardization of Initial Screening and Medical 
     Assessment.--
       (1)  In general.--The initial screening and medical 
     assessment shall include--
       (A) an interview and the use of a standardized medical 
     intake questionnaire or the equivalent;
       (B) screening of vital signs, including pulse rate, body 
     temperature, blood pressure, oxygen saturation, and 
     respiration rate;
       (C) screening for blood glucose for known or suspected 
     diabetics;
       (D) weight assessment of detainees under 12 years of age;
       (E) a physical examination; and
       (F) a risk-assessment and the development of a plan for 
     monitoring and care, when appropriate.
       (2) Prescription medication.--The medical professional 
     shall review any prescribed medication that is in the 
     detainee's possession or that was confiscated by CBP upon 
     arrival and determine if the medication may be kept by the 
     detainee for use during detention, properly stored by CBP 
     with appropriate access for use during detention, or 
     maintained with the detained individual's personal property. 
     A detainee may not be denied the use of necessary and 
     appropriate medication for the management of the detainee's 
     illness.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed as requiring detainees to disclose their medical 
     status or history.
       (d) Timing.--
       (1) In general.--Except as provided in paragraph (2), the 
     initial screening and medical assessment described in 
     subsections (b) and (c) shall take place as soon as 
     practicable, but not later than 12 hours after a detainee's 
     arrival at a CBP facility.
       (2) High priority individuals.--The initial screening and 
     medical assessment described in subsections (b) and (c) shall 
     take place as soon as practicable, but not later than 6 hours 
     after a detainee's arrival at a CBP facility if the 
     individual reasonably self-identifies as having a medical 
     condition that requires prompt medical attention or is--
       (A) exhibiting signs of acute or potentially severe 
     physical or mental illness, or otherwise has an acute or 
     chronic physical or mental disability or illness;
       (B) pregnant;
       (C) a child (with priority given, as appropriate, to the 
     youngest children); or
       (D) elderly.
       (e) Further Care.--
       (1) In general.--If, as a result of the initial health 
     screening and medical assessment, the licensed medical 
     professional conducting the screening or assessment 
     determines that one or more of the detainee's vital sign 
     measurements are significantly outside normal ranges in 
     accordance with the National Emergency Services Education 
     Standards, or if the detainee is identified as high-risk or 
     in need of medical intervention, the detainee shall be 
     provided, as expeditiously as possible, with an in-person or 
     technology-facilitated medical consultation with a licensed 
     emergency care professional.
       (2) Re-evaluation.--
       (A) In general.--Detainees described in paragraph (1) shall 
     be re-evaluated within 24 hours and monitored thereafter as 
     determined by an emergency care professional (and in the care 
     of a consultation provided to a child, with a licensed 
     emergency care professional with a background in pediatric 
     care).
       (B) Reevaluation prior to transportation.--In addition to 
     the re-evaluations under subparagraph (A), detainees shall 
     have all vital signs re-evaluated and be cleared as safe to 
     travel by a medical professional prior to transportation.
       (3) Pyschological and mental care.--The Commissioner shall 
     ensure that detainees who have experienced physical or sexual 
     violence or who have experienced events that may cause severe 
     trauma or toxic stress, are provided access to basic, humane, 
     and supportive psychological assistance.
       (f) Interpreters.--To ensure that health screenings and 
     medical care required under this section are carried out in 
     the best interests of the detainee, the Commissioner shall 
     ensure that language-appropriate interpretation services, 
     including indigenous languages, are provided to each detainee 
     and that each detainee is informed of the availability of 
     interpretation services.
       (g) Chaperones.--To ensure that health screenings and 
     medical care required under this section are carried out in 
     the best interests of the detainee--
       (1) the Commissioner shall establish guidelines for and 
     ensure the presence of chaperones for all detainees during 
     medical screenings and examinations consistent with relevant 
     guidelines in the American Medical Association Code of 
     Medical Ethics, and recommendations of the American Academy 
     of Pediatrics; and
       (2) to the extent practicable, the physical examination of 
     a child shall always be performed in the presence of a parent 
     or legal guardian or in the presence of the detainee's 
     closest present adult relative if a parent or legal guardian 
     is unavailable.
       (h) Documentation.--The Commissioner shall ensure that the 
     health screenings and medical care required under this 
     section, along with any other medical evaluations and 
     interventions for detainees, are documented in accordance 
     with commonly accepted standards in the United States for 
     medical record documentation. Such documentation shall be 
     provided to any individual who received a health screening 
     and subsequent medical treatment upon release from CBP 
     custody.
       (i) Infrastructure and Equipment.--The Commissioner or the 
     Administrator of General Services shall ensure that each 
     location to which detainees are first transported after an 
     initial encounter with an agent or officer of CBP has the 
     following:
       (1) A private space that provides a comfortable and 
     considerate atmosphere for the patient and that ensures the 
     patient's dignity and right to privacy during the health 
     screening and medical assessment and any necessary follow-up 
     care.
       (2) All necessary and appropriate medical equipment and 
     facilities to conduct the health screenings and follow-up 
     care required under this section, to treat trauma, to provide 
     emergency care, including resuscitation of individuals of all 
     ages, and to prevent the spread of communicable diseases.
       (3) Basic over-the-counter medications appropriate for all 
     age groups.

[[Page H7341]]

       (4) Appropriate transportation to medical facilities in the 
     case of a medical emergency, or an on-call service with the 
     ability to arrive at the CBP facility within 30 minutes.
       (j) Personnel.--The Commissioner or the Administrator of 
     General Services shall ensure that each location to which 
     detainees are first transported after an initial encounter 
     has onsite at least one licensed medical professional to 
     conduct health screenings. Other personnel that are or may be 
     necessary for carrying out the functions described in 
     subsection (e), such as licensed emergency care 
     professionals, specialty physicians (including physicians 
     specializing in pediatrics, family medicine, obstetrics and 
     gynecology, geriatric medicine, internal medicine, and 
     infectious diseases), nurse practitioners, other nurses, 
     physician assistants. licensed social workers, mental health 
     professionals, public health professionals, dieticians, 
     interpreters, and chaperones, shall be located on site to the 
     extent practicable, or if not practicable, shall be available 
     on call.
       (k) Ethical Guidelines.--The Commissioner shall ensure that 
     all medical assessments and procedures conducted pursuant to 
     this section are conducted in accordance with ethical 
     guidelines in the applicable medical field, and respect human 
     dignity.

     SEC. 3. WATER, SANITATION AND HYGIENE.

       The Commissioner shall ensure that detainees have access 
     to--
       (1) not less than one gallon of drinking water per person 
     per day, and age-appropriate fluids as needed;
       (2) a private, safe, clean, and reliable permanent or 
     portable toilet with proper waste disposal and a hand washing 
     station, with not less than one toilet available for every 12 
     male detainees, and 1 toilet for every 8 female detainees;
       (3) a clean diaper changing facility, which includes proper 
     waste disposal, a hand washing station, and unrestricted 
     access to diapers;
       (4) the opportunity to bathe daily in a permanent or 
     portable shower that is private and secure; and
       (5) products for individuals of all age groups and with 
     disabilities to maintain basic personal hygiene, including 
     soap, a toothbrush, toothpaste, adult diapers, and feminine 
     hygiene products, as well as receptacles for the proper 
     storage and disposal of such products.

     SEC. 4. FOOD AND NUTRITION.

       The Commissioner shall ensure that detainees have access 
     to--
       (1) three meals per day including--
       (A) in the case of an individual age 12 or older, a diet 
     that contains not less than 2,000 calories per day; and
       (B) in the case of a child who is under the age of 12, a 
     diet that contains an appropriate number of calories per day 
     based on the child's age and weight;
       (2) accommodations for any dietary needs or restrictions; 
     and
       (3) access to food in a manner that follows applicable food 
     safety standards.

     SEC. 5. SHELTER.

       The Commissioner shall ensure that each facility at which a 
     detainee is detained meets the following requirements:
       (1) Except as provided in paragraph (2), males and females 
     shall be detained separately.
       (2) In the case of a minor child arriving in the United 
     States with an adult relative or legal guardian, such child 
     shall be detained with such relative or legal guardian unless 
     such an arrangement poses safety or security concerns. In no 
     case shall a minor who is detained apart from an adult 
     relative or legal guardian as a result of such safety or 
     security concerns be detained with other adults.
       (3) In the case of an unaccompanied minor arriving in the 
     United States without an adult relative or legal guardian, 
     such child shall be detained in an age-appropriate facility 
     and shall not be detained with adults.
       (4) A detainee with a temporary or permanent disability 
     shall be held in an accessible location and in a manner that 
     provides for his or her safety, comfort, and security, with 
     accommodations provided as needed.
       (5) No detainee shall be placed in a room for any period of 
     time if the detainee's placement would exceed the maximum 
     occupancy level as determined by the appropriate building 
     code, fire marshal, or other authority.
       (6) Each detainee shall be provided with temperature 
     appropriate clothing and bedding.
       (7) The facility shall be well lit and well ventilated, 
     with the humidity and temperature kept at comfortable levels 
     (between 68 and 74 degrees Fahrenheit).
       (8) Detainees who are in custody for more than 48 hours 
     shall have access to the outdoors for not less than 1 hour 
     during the daylight hours during each 24-hour period.
       (9) Detainees shall have the ability to practice their 
     religion or not to practice a religion, as applicable.
       (10) Detainees shall have access to lighting and noise 
     levels that are safe and conducive for sleeping throughout 
     the night between the hours of 10 p.m. and 6 a.m.
       (11) Officers, employees, and contracted personnel of CBP 
     shall--
       (A) follow medical standards for the isolation and 
     prevention of communicable diseases; and
       (B) ensure the physical and mental safety of detainees who 
     identify as lesbian, gay, bisexual, transgender, and 
     intersex.
       (12) The facility shall have video-monitoring to provide 
     for the safety of the detained population and to prevent 
     sexual abuse and physical harm of vulnerable detainees.
       (13) The Commissioner shall ensure that language-
     appropriate ``Detainee Bill of Rights'', including indigenous 
     languages, are posted or otherwise made available in all 
     areas where detainees are located. The ``Detainee Bill of 
     Rights'' shall include all rights afforded to the detainee 
     under this Act.
       (14) Video from video-monitoring must be preserved for 90 
     days and the detention facility must maintain certified 
     records that the video-monitoring is properly working at all 
     times.

     SEC. 6. COORDINATION AND SURGE CAPACITY.

       The Secretary of Homeland Security shall enter into 
     memoranda of understanding with appropriate Federal agencies, 
     such as the Department of Health and Human Services, and 
     applicable emergency government relief services, as well as 
     contracts with health care, public health, social work, and 
     transportation professionals, for purposes of addressing 
     surge capacity and ensuring compliance with this Act.

     SEC. 7. TRAINING.

       The Commissioner shall ensure that CBP personnel assigned 
     to each short-term custodial facility are professionally 
     trained, including continuing education as the Commissioner 
     deems appropriate, in all subjects necessary to ensure 
     compliance with this Act, including--
       (1) humanitarian response protocols and standards;
       (2) indicators of physical and mental illness, and medical 
     distress in children and adults;
       (3) indicators of child sexual exploitation and effective 
     responses to missing migrant children; and
       (4) procedures to report incidents of suspected child 
     sexual abuse and exploitation directly to the National Center 
     for Missing and Exploited Children.

     SEC. 8. INTERFACILITY TRANSFER OF CARE.

       (a) Transfer.--When a detainee is discharged from a medical 
     facility or emergency department, the Commissioner shall 
     ensure that responsibility of care is transferred from the 
     medical facility or emergency department to an accepting 
     licensed health care provider of CBP.
       (b) Responsibilities of Accepting Providers.--Such 
     accepting licensed health care provider shall review the 
     medical facility or emergency department's evaluation, 
     diagnosis, treatment, management, and discharge care 
     instructions to assess the safety of the discharge and 
     transfer and to provide necessary follow-up care.

     SEC. 9. PLANNING AND INITIAL IMPLEMENTATION.

       (a) Planning.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a detailed plan delineating the 
     timeline, process, and challenges of carrying out the 
     requirements of this Act.
       (b) Implementation.--The Secretary of Homeland Security 
     shall ensure that the requirements of this Act are 
     implemented not later than 6 months after the date of 
     enactment.

     SEC. 10. CONTRACTOR COMPLIANCE.

       The Secretary of Homeland Security shall ensure that all 
     personnel contracted to carry out this Act do so in 
     accordance with the requirements of this Act.

     SEC. 11. INSPECTIONS.

       (a) In General.--The Inspector General of the Department of 
     Homeland Security shall--
       (1) conduct unannounced inspections of ports of entry, 
     border patrol stations, and detention facilities administered 
     by CBP or contractors of CBP; and
       (2) submit to Congress, reports on the results of such 
     inspections as well as other reports of the Inspector General 
     related to custody operations.
       (b) Particular Attention.--In carrying out subsection (a), 
     the Inspector General of the Department of Homeland Security 
     shall pay particular attention to--
       (1) the degree of compliance by CBP with the requirements 
     of this Act;
       (2) remedial actions taken by CBP; and
       (3) the health needs of detainees.
       (c) Access to Facilities.--The Commissioner may not deny a 
     Member of Congress entrance to any facility or building used, 
     owned, or operated by CBP.

     SEC. 12. GAO REPORT.

       (a) In General.--The Comptroller General of the United 
     States shall--
       (1) not later than 6 months after the date of enactment of 
     this Act, commence a study on implementation of, and 
     compliance with, this Act; and
       (2) not later than 1 year after the date of enactment of 
     this Act, submit a report to Congress on the results of such 
     study.
       (b) Issues to Be Studied.--The study required by subsection 
     (a) shall examine the management and oversight by CBP of 
     ports of entry, border patrol stations, and other detention 
     facilities, including the extent to which CBP and the 
     Department of Homeland Security have effective processes in 
     place to comply with this Act. The study shall also examine 
     the extent to which CBP personnel, in carrying out this Act, 
     make abusive, derisive, profane, or harassing statements or 
     gestures, or engage in any other conduct evidencing hatred or 
     invidious prejudice to or about one person or group on 
     account of race, color, religion, national origin, sex, 
     sexual orientation, age, or disability, including on social 
     media.

     SEC. 13. RULES OF CONSTRUCTION.

       Nothing in this Act may be construed--
       (1) as authorizing CBP to detain individuals for longer 
     than 72 hours;
       (2) as contradicting the March 7, 2014, Department of 
     Homeland Security rule adopting Standards to Prevent, Detect, 
     and Respond to Sexual Abuse and Assault in Confinement 
     Facilities, which includes a zero tolerance policy 
     prohibiting all forms of sexual abuse and assault of 
     individuals in U.S. Customs and Border Protection custody, 
     including in holding facilities, during transport, and during 
     processing;
       (3) as contradicting current protocols related to 
     Department background checks in the hiring process;

[[Page H7342]]

       (4) as restricting the Department from denying employment 
     to or terminating the employment of any individual who would 
     be or is involved with the handling or processing at holding 
     facilities, during transport, or during processing, or care 
     of detainees, including the care of children, and has been 
     convicted of a sex crime or other offense involving a child 
     victim; or
       (5) as affecting the obligation to fully comply with all 
     applicable immigration laws, including being subject to any 
     penalties, fines, or other sanctions

     SEC. 14. DEFINITIONS.

       In this Act:
       (1) Interpretation services.--The term ``interpretation 
     services'' includes translation services that are performed 
     either in-person or through a telephone or video service.
       (2) Child.--The term ``child'' has the meaning given the 
     term in section 101(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(b)(1)).
       (3) U.S. customs and border protection facility.--The term 
     ``U.S. Customs and Border Protection Facility'' includes--
       (A) U.S. Border Patrol stations;
       (B) ports of entry;
       (C) checkpoints;
       (D) forward operating bases;
       (E) secondary inspection areas; and
       (F) short-term custody facilities.
       (4) Forward operating base.--The term ``forward operating 
     base'' means a permanent facility established by CBP in 
     forward or remote locations, and designated as such by CBP.

  The CHAIR. No amendment to that amendment in the nature of a 
substitute shall be in order except those printed in part C of House 
Report 116-178. Each such amendment may be offered only in the order 
printed in the report, by a Member designated in the report, shall be 
considered as read, shall be debatable for the time specified in the 
report equally divided and controlled by the proponent and an opponent, 
shall not be subject to amendment, and shall not be subject to a demand 
for division of the question.


         Amendment No. 1 Offered by Ms. Kuster of New Hampshire

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
part C of House Report 116-178.
  Ms. KUSTER of New Hampshire. Mr. Chairman, I have an amendment at the 
desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 16, line 9, strike ``and''.
       Page 16, line 10, strike the period at the end and insert 
     ``; and''.
       Page 16, insert after line 10 the following:
       (4) the degree of compliance with part 115 of title 6, Code 
     of Federal Regulations (commonly known as the ``Standards To 
     Prevent, Detect, and Respond to Sexual Abuse and Assault in 
     Confinement Facilities'').

  The CHAIR. Pursuant to House Resolution 509, the gentlewoman from New 
Hampshire (Ms. Kuster) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from New Hampshire.
  Ms. KUSTER of New Hampshire. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, migrants in Customs and Border Protection holding 
facilities deserve to be treated with compassion and respect. 
Unfortunately, due to the misguided policies of the Trump 
administration, many migrants have found themselves stuck living in 
inhumane conditions.
  Earlier this month, I visited one of those facilities in McAllen, 
Texas, and I was disturbed by what I saw.
  I am proud of my colleague, Congressman Raul Ruiz, and the Judiciary 
Committee and the leadership of Congresswoman Zoe Lofgren for putting 
together a comprehensive piece of legislation that will alleviate the 
suffering of some of these migrants.
  My amendment is very simple. It directs the Department of Homeland 
Security's Office of Inspector General to pay particular attention to 
whether CBP facilities comply with the Department of Homeland 
Security's sexual abuse prevention policies while inspecting detention 
facilities.
  Many provisions in DHS' standards to prevent, detect, and respond to 
sexual abuse and assault are very well intentioned. These include 
requiring sexual abuse prevention training for staff, limiting cross-
gender searches, ensuring there are plans in place to respond to sexual 
violence, and providing survivors of sexual abuse with access to sexual 
assault nurse examiners.
  These policies should help reduce the prevalence of sexual violence, 
enable victims to report abuse, and provide support for survivors after 
experiencing trauma. But I am concerned that Customs and Border 
Protection is not meeting DHS' own standards.
  An Office of Inspector General report from 2016 recommended that DHS 
identify which facilities qualify for routine auditing and ensure that 
these facilities are audited by July 2018, as required by DHS' own 
policies.
  Today, nearly 1 year after CBP was supposed to complete these audits, 
they have not finished the job. If Customs and Border Protection is not 
taking this basic step of auditing facilities, we cannot be sure they 
have properly implemented more onerous, yet crucial, policies. The best 
plans to prevent sexual violence are worthless if they are not 
followed.
  This amendment, which I thank my colleagues, Representative Moore and 
Representative Cisneros for cosponsoring, will help provide clarity 
about whether CBP is taking steps to prevent and respond to sexual 
violence.
  Mr. Chairman, I urge my colleagues to support it, and I reserve the 
balance of my time.

                              {time}  1915

  Mr. STEUBE. Mr. Chair, I rise in opposition to the amendment; 
however, I do not oppose it.
  The CHAIR. Without objection, the gentleman from Florida is 
recognized for 5 minutes.
  There was no objection.
  Mr. STEUBE. Mr. Chair, this amendment would direct the DHS Office of 
Inspector General to investigate CBP's compliance with Federal 
regulations promulgated to prevent, detect, and respond to sexual abuse 
in CBP facilities.
  I have no objection to the amendment insofar as the inspector general 
is already directed by statute to conduct audits to ensure compliance 
with Federal regulations, and I have no doubt that the men and women of 
CBP are effectively carrying out the mandates of regulations, 
implementing a zero tolerance for sexual abuse policy.
  CBP is currently bound by duly published regulation at 6 CFR 115 that 
the agency mandate ``zero tolerance toward all forms of sexual abuse.'' 
The regulation contains extensive and detailed requirements implemented 
to prevent sexual assault. Those requirements detail the steps CBP must 
take relating to prevention planning; responsive planning in the case 
of an allegation; training and education; risk assessments; reporting 
mechanisms; the official response following a detainee report; 
investigations; disciplinary sanctions for staff, contractors, and 
volunteers; medical and mental care; data collection and review; and 
audits for compliance. These regulations are designed to ensure the 
safety of not only those in custody, but also of CBP personnel and 
staff in CBP facilities.
  The Inspector General Act already requires the DHS Office of 
Inspector General ``to conduct, supervise, and coordinate audits and 
investigations relating to the programs and operations'' of the DHS. 
And the inspector general routinely conducts audits of DHS programs and 
facilities to ensure compliance with Federal regulations.
  I have no objection to the amendment, which directs the OIG to do 
what it already does under the Inspector General Act, which is to 
conduct audits to ensure compliance with regulations promulgated by the 
DHS to ensure the safety of CBP personnel and those in custody.
  Mr. Chair, I yield back the balance of my time.
  Ms. KUSTER of New Hampshire. Mr. Chair, could I inquire as to how 
much time I have remaining.
  The CHAIR. The gentlewoman from New Hampshire has 2 minutes 
remaining.
  Ms. KUSTER of New Hampshire. Mr. Chair, I want to thank the gentleman 
for agreeing to the amendment.
  I yield the balance of my time to the gentlewoman from Texas (Ms. 
Jackson Lee).
  Ms. JACKSON LEE. Mr. Chair, I thank the distinguished gentlewoman, 
and I want to personally thank her for her constant and needed fight 
for women's rights and, particularly, protecting these women against 
sexual assault and sexual abuse.
  I cannot tell you how many stories that we have heard at the border 
of young women who have come either by coyotes, or even when they get 
here to this country, the fear that they have of sexual assault and 
sexual abuse. It is a long walk and a long journey from the

[[Page H7343]]

Northern Triangle, and I want to thank the gentlewoman again for 
recognizing that.
  So, I rise to support the Kuster amendment, and I rise to support the 
underlying bill, H.R. 3239.
  I thank the gentlewoman from California for her leadership, and I 
thank my good friend Dr. Raul Ruiz. We have talked about this. The 
gentleman has talked about this. I have heard the gentleman on many 
occasions speaking to us as Members of Congress, not Democrats, but 
Democrats and Republicans and Independents who would listen.
  In his conversation, we did not hear anything that would suggest that 
we would undermine, in any way, our friends or veterans who are in need 
of great medical care. We stand ready, as we have done over the past, 
to continue to try to push dollars to help them.
  This bill in particular deals with CBP to perform an initial health 
screening on all individuals in CBP custody, and ensures that everyone 
in custody has access to water, sanitation, hygiene, food, nutrition, 
and safe shelter.
  But having been to the border, I will say that they are still in 
cages. They are still in small areas where they only have standing 
room.
  This is to protect both contractors, employees, and those human 
beings who came because they are desperate and fleeing violence. The 
stories tell you of their fathers being murdered, their husband's being 
murdered, and their sons being taken away.
  This underlying bill, its purpose is to ensure that the American 
people are protected so that epidemics don't start, so that little 
babies don't die--like the seven who have died on the watch of the 
Trump administration.
  I am delighted that my amendment was included, which requires 
retention of video monitoring and certification that the video is on at 
all times. It will enhance the amendment of Ms. Kuster.
  The other amendment I want to appreciate is the Detainee Bill of 
Rights. I support the amendment and the underlying bill.
  Ms. KUSTER of New Hampshire. Mr. Chair, I yield back the balance of 
my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from New Hampshire (Ms. Kuster).
  The amendment was agreed to.


         Amendment No. 2 Offered by Ms. Kuster of New Hampshire

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
part C of House Report 116-178.
  Ms. KUSTER of New Hampshire. Mr. Chairman, I have an amendment at the 
desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 18, insert after line 10 the following:
       (5) Publication of data on complaints of sexual abuse at 
     cbp facilities.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     acting in coordination with the Office of Inspector General 
     and Office for Civil Rights and Civil Liberties, shall 
     publicly release aggregate data on complaints of sexual abuse 
     at CBP facilities on its website on a quarterly basis, 
     excluding any personally identifiable information that may 
     compromise the confidentiality of individuals who reported 
     abuse.

  The CHAIR. Pursuant to House Resolution 509, the gentlewoman from New 
Hampshire (Ms. Kuster) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from New Hampshire.
  Ms. KUSTER of New Hampshire. Mr. Chair, I yield myself such time as I 
may consume.
  Brave survivors have begun to come forward detailing chilling 
assaults by Border Protection agents. Some of the survivors are only in 
their teens.
  Despite these heartbreaking stories, there is a stunning lack of 
transparency about sexual abuse at Customs and Border Protection 
facilities.
  According to the agency's most recent report on assessing sexual 
abuse at holding facilities, in fiscal year 2017, CBP processed more 
than 534,000 individuals in its holding facilities, and yet the agency 
itself only received seven claims of sexual abuse.
  Ten months after FY18, CBP has yet to release its report on abuse 
last year. From my own experience working on sexual violence prevention 
on college campuses and in the military, I have learned that the 
absence of formal complaints of sexual abuse does not reflect the 
absence of sexual violence but, rather, signals a culture that prevents 
people from reporting violence.
  According to a Freedom of Information Act request, between January of 
2010 and July of 2016, the Department of Homeland Security Office of 
Inspector General received 624 complaints about sexual abuse at Customs 
and Border Protection facilities.
  Considering this information, CBP's failure to promptly publish its 
own sexual abuse data, and the stories of survivors who have come 
forward, there is a clear need to improve transparency about sexual 
abuse at CBP.
  My amendment, which I was proud to introduce with Representatives 
Moore and Cisneros, directs the Secretary of Homeland Security, working 
with the DHS office that typically receives complaints of sexual abuse, 
to release all complaints of sexual abuse at CBP once per quarter, 
removing any information that would compromise the anonymity of 
survivors.
  This is an amendment that all Members should be able to support. 
Releasing more data in a timely manner will help lawmakers grasp the 
scope of this problem. Knowing that they are not alone may also 
encourage other survivors to step forward.
  I urge my colleagues to support this amendment, and I reserve the 
balance of my time.
  Mr. STEUBE. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIR. The gentleman from Florida is recognized for 5 minutes.
  Mr. STEUBE. Mr. Chair, this amendment is in keeping with the clear 
hostility with which the majority views the men and women of U.S. 
Customs and Border Protection, including the Border Patrol agents who 
have put their lives on the line to effectuate over 3,800 migrant 
rescues so far this fiscal year and the officers of field operations 
who are in peril each day when they search vehicles and pedestrians for 
dangerous and deadly narcotics like fentanyl.
  The amendment requires quarterly publication of complaints of sexual 
abuse in CBP facilities. Of course, preventing sexual abuse in any 
government facility is an extremely important endeavor, but this 
amendment does not do that. Instead, it requires premature publication 
of mere allegations without any context. The effect is the maligning of 
the men and women who serve on our border and at our ports of entry 
without doing anything to actually prevent such abuse.
  This amendment requires all complaints to be aggregated and published 
quarterly, regardless of whether an investigation is complete, 
regardless of whether the complaint was substantiated, and regardless 
of whether the victim was a CBP employee, contractor, or detainee.
  We will not know whether those complaints were ever substantiated or 
unsubstantiated pursuant to an investigation.
  We will not know whether those complaints were against CBP personnel, 
contracted staff, or against other aliens in the facility.
  We will not know whether the victims were CBP personnel, contracted 
staff, or an alien in the facility.
  I am also concerned that the amendment requires CBP to exclude 
personally identifiable information of the individual who reported the 
abuse, but it is silent as to the personally identifiable information 
of the accused. It would be inappropriate to publish a complaint 
against an individual without any context, especially if an 
investigation later determines that the complaint is unsubstantiated.
  The Judiciary Committee already went through a similar situation with 
Health and Human Services, where one member of the majority claimed 
that hundreds of sexual abuse allegations were made against HHS 
employees when, in fact, the allegations by unaccompanied alien 
children were against contractors and other UACs.
  The requirements of this amendment will simply give the appearance, 
regardless of the facts or ultimate outcome of the investigation into 
the complaints, that CBP facilities are rife with sexual abuse. And the 
further implication is that CBP personnel condone sexual violence. Such 
a characterization is offensive to the hardworking men and women of CBP 
who follow existing regulations and policies to prevent sexual abuse in 
their facilities.

[[Page H7344]]

  In fact, CBP is bound by a duly published regulation at 6 CFR 115, 
that the agency mandate ``zero tolerance toward all forms of sexual 
abuse.'' And ``zero tolerance'' isn't a mere buzzword. The regulation 
contains extensive and detailed requirements implemented to prevent 
sexual assault. Those requirements detail the steps CBP must take 
relating to prevention planning; responsive planning in the case of an 
allegation; training and education; risk assessments; reporting 
mechanisms; the official response following a detainee report; 
investigations; disciplinary sanctions for staff, contractors, and 
volunteers; medical and mental care; data collection and review; and 
audits for compliance.
  The manager's amendment to the bill already makes clear that the bill 
does not abrogate existing policies designed to prevent, detect, and 
respond to sexual abuse. In fact, it acknowledges that CBP has a zero-
tolerance policy for sexual abuse.
  Furthermore, the DHS OIG is already directed to conduct unannounced 
inspections of CBP facilities in the bill, and CBP's own existing 
regulations require periodic audits based on the risk assessment of the 
facility.
  CBP is already confronting a crisis that is worsened by congressional 
inaction to fix the loopholes in our laws that fuel illegal 
immigration. The men and women who protect our border have been given 
an enormous task made more difficult by offensive rhetoric. Congress 
shouldn't make their job more difficult by requiring premature 
publication of complaints without context, which will have the effect 
of wrongfully painting the civil servants as sexual predators.
  I oppose the amendment and urge my colleagues to do the same.
  Mr. Chair, I yield back the balance of my time.
  Ms. KUSTER of New Hampshire. Mr. Chair, contrary to the allegations 
by my colleague disparaging our view of Customs and Border Protection 
agencies, I was actually very impressed by the professionalism of many 
of the Border Patrol agents that we met and had the opportunity to tour 
the facilities in McAllen and Brownsville with.
  I share the gentleman's commitment to a zero-tolerance policy. 
Frankly, one incident of sexual assault is far too much. This data will 
provide more transparency for Congress and for survivors and, frankly, 
more transparency for those members of the Border Patrol who are doing 
their job with respect to migrants.
  Mr. Chair, how much time do I have remaining?
  The CHAIR. The gentlewoman from New Hampshire has 1 minute remaining.
  Mr. Chair, I am happy to work with my colleagues to ensure that 
Customs and Border Protection has the resources to comply with this 
provision, but we need more transparency for survivors.
  Mr. Chair, I yield 1 minute to the gentlewoman from California (Ms. 
Pelosi), the Speaker of the House.

                              {time}  1930

  Ms. PELOSI. Mr. Chairman, let us salute Congressman Ruiz, Chairman 
Nadler, Chairwoman Lofgren, Chairwoman Underwood, Chairwoman Slotkin, 
and Members. I thank my colleague, Congresswoman Kuster, for yielding 
me time.
  These Members have followed the facts, gone to the border, and raised 
a drumbeat on behalf of the children.
  I want to add to that Congresswoman Escobar, who has been so great on 
all of this.
  The humanitarian situation at the border challenges the conscience of 
our country, yet the Trump administration has chosen to approach the 
situation with cruelty instead of compassion. Children sleeping on 
concrete floors, children eating frozen and inedible food, and children 
denied basic sanitation.
  As the Gospel of Matthew said, ``When the Son of Man comes in all His 
glory,'' He will speak to the nations gathered before Him.
  You all know the Gospel of Matthew, ``When I was hungry.''
  The American Medical Association writes, ``It is well known that 
childhood trauma and adverse childhood experiences created by inhumane 
treatment often create negative health impacts that can last an 
individual's entire lifespan.''
  The American Academy of Pediatrics led a joint letter, writing, ``The 
tragic deaths of children in CBP custody are evidence for why timely, 
appropriate medical and mental health screening and care is so 
crucial.''
  With Congressman Ruiz's Humanitarian Standards for Individuals in 
Customs and Border Protection Custody Act, we are taking a strong step 
to safeguard children and respect their families.
  Mr. Chairman, I am going to submit most of my statement for the 
Record, in the interest of time. I know you have heard it over and over 
again, Mr. Chairman. There is no use to just keep talking. We have to 
act.
  We have sent the money. We have paid attention. Now, we have to set 
the standards that must be met for humanitarian, hygiene, food, 
clothing, healthcare, and the rest.
  I thank Mr. Ruiz for bringing his experience as a public health 
doctor, as someone who has dealt with these crises in other parts of 
the world. We are blessed to have his service in the Congress, 
especially at this time, for the good of the children
  Mr. Chair, let us salute Congressman Ruiz, Chairman Nadler, 
Chairwoman Lofgren, Congresswoman Underwood, Chairwoman Slotkin and 
Members who have followed the facts, gone to the border and raised a 
drumbeat on behalf of the children.
  The humanitarian situation at the border challenges the conscience of 
our country. Yet, the Trump Administration has chosen to approach this 
situation with cruelty, instead of compassion.
  The appalling conditions facing children and families are an affront 
to our values and our humanity:
  Children sleeping on concrete floors, in freezing temperatures with 
constant light exposure;
  Children eating frozen or inedible food, and having insufficient or 
unclean water to drink;
  Children denied basic sanitation, forced to use open toilets and 
deprived of showers and handwashing stations.
  The Gospel of Matthew says, ``When the Son of Man comes in all his 
glory,'' he will speak to the nations gathered before him and say:
  ``For I was hungry and you gave me something to eat, I was thirsty 
and you gave me something to drink, I was a stranger and you invited me 
in, I needed clothes and you clothed me, I was sick and you looked 
after me, I was in prison and you came to visit me.''
  The Administration's treatment of little children abandons that 
teaching, ignores the ``least of these'' and endangers lives.
  As the American Medical Association writes: ``Conditions in CBP 
facilities, including open toilets, constant light exposure, 
insufficient food and water, extreme temperatures, and forcing pregnant 
women and children to sleep on cement floors, are traumatizing.
  ``It is well known that childhood trauma and adverse childhood 
experiences created by inhumane treatment often create negative health 
impacts that can last an individual's entire lifespan.''
  This week, the American Academy of Pediatrics led a joint letter with 
other medical experts to urge action, writing: ``The tragic deaths of 
children in CBP custody are evidence for why timely, appropriate 
medical and mental health screening and care is so crucial.''
  The deaths of children at the border are unconscionable; a profound 
violation of the moral responsibility we all have to ensure all 
children of God are treated with compassion and decency.
  Today, with Congressman Ruiz's ``Humanitarian Standards for 
Individuals in Customs and Border Protection Custody Act'', we are 
taking a strong step to safeguard children and respect their spark of 
divinity.
  This bill protects children and families' health: requiring the CBP 
to provide timely, appropriate and standards-based health screenings by 
licensed medical professionals.
  It creates water, sanitation, and hygiene standards: requiring the 
CBP to provide sufficient drinking water; private, safe and clean 
toilets; a handwashing station; and basic personal hygiene products.
  It sets out nutrition standards: requiring that detainees receive 
three meals per day, with age-appropriate caloric intake, and special 
diets for babies, pregnant & breastfeeding women, the elderly & ill.
  And it establishes standards for shelters: specifying space 
requirements, temperature ranges and bedding standards, and also 
protecting religious freedom, family unity and the safety of 
unaccompanied minors and LGBTQ persons.
  Once we pass this bill--and our other legislation for the children--
we will call on Senator McConnell to immediately take them up.

[[Page H7345]]

  Sadly, some in the Republican Leadership have not demonstrated a 
concern for the children. The obstruction of the House-passed border 
bill dishonored our values, denigrated our immigrant heritage, and 
endangered little children.
  Every day that Senator McConnell delays this bill--and every vote 
against it--is a stain on the collective conscience of the Congress.
  I urge a strong, bipartisan vote of conscience for this legislation.
  Ms. KUSTER of New Hampshire. Mr. Chairman, I yield back the balance 
of my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from New Hampshire (Ms. Kuster).
  The amendment was agreed to.
  The CHAIR. The question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Ms. 
Haaland) having assumed the chair, Mr. Carbajal, Chair of the Committee 
of the Whole House on the state of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 3239) to 
require U.S. Customs and Border Protection to perform an initial health 
screening on detainees, and for other purposes, and, pursuant to House 
Resolution 509, he reported the bill back to the House with an 
amendment adopted in the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole?
  If not, the question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 3239 is postponed.

                          ____________________