Congressional Record, Volume 165 Issue 125 (Wednesday, July 24, 2019)

[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'').

{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.

____________________