IB 

Union Calendar No. 121 

116TH CONGRESS 

1ST SESSION H. R. 3239 

[Report No. 116–162, Part I] 

To require U.S. Customs and Border Protection to perform an initial health 

screening on detainees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2019 

Mr. RUIZ (for himself, Mr. CASTRO of Texas, Ms. ROYBAL-ALLARD, Mr. 

LUJA ́N, Mr. NADLER, Ms. LOFGREN, Ms. ESCOBAR, Mr. CISNEROS, Mr. 

ESPAILLAT, Mrs. NAPOLITANO, Ms. MUCARSEL-POWELL, Mr. SOTO, Mr. 

GOMEZ, Ms. NORTON, Ms. OMAR, Mr. TED LIEU of California, Ms. 

OCASIO-CORTEZ, Mr. SIRES, Mr. LEVIN of California, Mr. BROWN of 

Maryland, Ms. JAYAPAL, Mr. JEFFRIES, Mr. AGUILAR, Mr. RICHMOND, 

Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. THOMPSON of Mississippi, 

Mr. CLEAVER, Mr. GALLEGO, Ms. VELA ́ZQUEZ, Mr. CARBAJAL, Mr. 

CA ́RDENAS, Ms. LEE of California, Ms. TORRES SMALL of New Mexico, 

Mr. COSTA, Mr. VARGAS, Mr. VEASEY, Ms. CLARKE of New York, Ms. 

KELLY of Illinois, Mr. PAYNE, Mr. TAKANO, Mr. KILDEE, Mr. SUOZZI, 

Mr. MOULTON, Mr. GREEN of Texas, Mr. PETERS, Mr. SEAN PATRICK

MALONEY of New York, Ms. HAALAND, Ms. SPEIER, Mrs. DINGELL, Ms. 

PINGREE, Ms. TITUS, Mr. CONNOLLY, Ms. BASS, Ms. MOORE, Mr. 

LAWSON of Florida, Ms. JACKSON LEE, Mr. NEAL, Ms. KAPTUR, Mr. 

PERLMUTTER, Mrs. KIRKPATRICK, Mr. SWALWELL of California, Mr. 

SCHRADER, Mr. CASTEN of Illinois, Mr. GONZALEZ of Texas, Ms. 

BROWNLEY of California, Mr. PAPPAS, Mr. ENGEL, Mr. KENNEDY, Mr. 

RUSH, Mr. BLUMENAUER, Ms. MATSUI, Mr. THOMPSON of California, 

Ms. HILL of California, Mr. ROUDA, Mr. PETERSON, Mr. VELA, Mr. 

MEEKS, Mr. GARAMENDI, Mr. POCAN, Mr. CASE, Mr. COX of California, 

Ms. BARRAGA ́N, Mr. KEATING, Mr. GARCI ́A of Illinois, Mr. LOWENTHAL, 

Mr. MCGOVERN, Ms. JUDY CHU of California, Mr. KRISHNAMOORTHI, 

Mr. HECK, Mrs. BEATTY, Mr. LEVIN of Michigan, Mr. RASKIN, Mrs. 

TRAHAN, Ms. CASTOR of Florida, Ms. SCHAKOWSKY, Mr. SARBANES, Mr. 

TONKO, Mr. O’HALLERAN, Ms. DEGETTE, Ms. STEVENS, Mr. MCNERNEY, Ms. CLARK of Massachusetts, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. DEAN, Mr. LARSON of Connecticut, Mr. DEUTCH, Mr. HARDVerDate Sep 11 2014 21:51 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3239.RH H3239

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ER of California, Mr. GRIJALVA, Mr. CICILLINE, Mr. STANTON, Mr. PANETTA, Mr. KILMER, and Ms. DELBENE) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Homeland Security, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JULY 19, 2019 

Additional sponsors: Ms. SA ́NCHEZ, Mr. WELCH, Mrs. TORRES of California, 

Mr. HIMES, Ms. DAVIDS of Kansas, Mrs. LOWEY, Mr. COHEN, Mr. 

DEFAZIO, Ms. TLAIB, Mr. NEGUSE, Ms. SCHRIER, Mr. KHANNA, Ms. 

MENG, Mr. BERA, Mrs. BUSTOS, Ms. MCCOLLUM, Mr. HIGGINS of New 

York, Mrs. WATSON COLEMAN, Ms. WASSERMAN SCHULTZ, Mr. 

MALINOWSKI, Ms. WILSON of Florida, Miss RICE of New York, Mr. 

COURTNEY, Ms. WEXTON, Mrs. FLETCHER, Mr. QUIGLEY, Ms. SHALALA, 

Mr. NORCROSS, Ms. KUSTER of New Hampshire, Ms. BLUNT ROCHESTER, Ms. DELAURO, Mr. LARSEN of Washington, Mr. COOPER, Mr. 

CUMMINGS, Mr. SMITH of Washington, Mr. TRONE, Ms. HOULAHAN, Mr. 

CORREA, Ms. ESHOO, Mr. KIND, Mr. CRIST, Mr. EVANS, Ms. SCANLON, 

Ms. SEWELL of Alabama, Ms. GARCIA of Texas, Mr. BEYER, Mrs. 

MCBATH, and Mrs. DAVIS of California 

JULY 19, 2019 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 19, 2019 

The Committee on Homeland Security discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on June 12, 2019] 

A BILL 

To require U.S. Customs and Border Protection to perform 

an initial health screening on detainees, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Hu5 manitarian Standards for Individuals in Customs and 

6 Border Protection Custody Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of this 

8 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. 

9 SEC. 2. INITIAL HEALTH SCREENING PROTOCOL. 

10 (a) IN GENERAL.—The Commissioner of U.S. Customs 

11 and Border Protection (referred to in this Act as the ‘‘Com12 missioner’’), in consultation with the Secretary of Health 

13 and Human Services, the Administrator of the Health Re14 sources and Services Administration, and nongovernmental 

15 experts in the delivery of health care in humanitarian crises 

16 and in the delivery of health care to children, shall develop 

17 guidelines and protocols for the provision of health 

18 screenings and appropriate medical care for individuals in 


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1 the custody of U.S. Customs and Border Protection (referred 

2 to in this Act as ‘‘CBP’’), as required under this section. 

3 (b) INITIAL SCREENING AND MEDICAL ASSESS4 MENT.—The Commissioner shall ensure that any individual 

5 who is detained in the custody of CBP (referred to in this 

6 Act as a ‘‘detainee’’) receives an initial in-person screening 

7 by a licensed medical professional in accordance with the 

8 standards described in subsection (c)— 

9 (1) to assess and identify any illness, condition, 

10 or age-appropriate mental or physical symptoms that 

11 may have resulted from distressing or traumatic expe12 riences; 

13 (2) to identify acute conditions and high-risk 

14 vulnerabilities; and 

15 (3) to ensure that appropriate healthcare is pro16 vided to individuals as needed, including pediatric, 

17 obstetric, and geriatric care. 

18 (c) STANDARDIZATION OF INITIAL SCREENING AND

19 MEDICAL ASSESSMENT.— 

20 (1) IN GENERAL.—The initial screening and 

21 medical assessment shall include— 

22 (A) an interview and the use of a standard23 ized medical intake questionnaire or the equiva24 lent; 


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1 (B) screening of vital signs, including pulse 

2 rate, body temperature, blood pressure, oxygen 

3 saturation, and respiration rate; 

4 (C) screening for blood glucose for known or 

5 suspected diabetics; 

6 (D) weight assessment of detainees under 12 

7 years of age; 

8 (E) a physical examination; and 

9 (F) a risk-assessment and the development 

10 of a plan for monitoring and care, when appro11 priate. 

12 (2) PRESCRIPTION MEDICATION.—The medical 

13 professional shall review any prescribed medication 

14 that is in the detainee’s possession or that was con15 fiscated by CBP upon arrival and determine if the 

16 medication may be kept by the detainee for use dur17 ing detention, properly stored by CBP with appro18 priate access for use during detention, or maintained 

19 with the detained individual’s personal property. A 

20 detainee may not be denied the use of necessary and 

21 appropriate medication for the management of the de22 tainee’s illness. 

23 (3) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection shall be construed as requiring detainees to 

25 disclose their medical status or history. 


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1 (d) TIMING.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the initial screening and medical assess4 ment described in subsections (b) and (c) shall take 

5 place as soon as practicable, but not later than 12 

6 hours after a detainee’s arrival at a CBP facility. 

7 (2) HIGH PRIORITY INDIVIDUALS.—The initial 

8 screening and medical assessment described in sub9 sections (b) and (c) shall take place as soon as prac10 ticable, but not later than 6 hours after a detainee’s 

11 arrival at a CBP facility if the individual reasonably 

12 self-identifies as having a medical condition that re13 quires prompt medical attention or is— 

14 (A) exhibiting signs of acute or potentially 

15 severe physical or mental illness, or otherwise 

16 has an acute or chronic physical or mental dis17 ability or illness; 

18 (B) pregnant; 

19 (C) a child (with priority given, as appro20 priate, to the youngest children); or 

21 (D) elderly. 

22 (e) FURTHER CARE.— 

23 (1) IN GENERAL.—If, as a result of the initial 

24 health screening and medical assessment, the licensed 

25 medical professional conducting the screening or asVerDate Sep 11 2014 21:51 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3239.RH H3239

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1 sessment determines that one or more of the detainee’s 

2 vital sign measurements are significantly outside nor3 mal ranges in accordance with the National Emer4 gency Services Education Standards, or if the de5 tainee is identified as high-risk or in need of medical 

6 intervention, the detainee shall be provided, as expedi7 tiously as possible, with an in-person or technology8 facilitated medical consultation with a licensed emer9 gency care professional. 

10 (2) RE-EVALUATION.— 

11 (A) IN GENERAL.—Detainees described in 

12 paragraph (1) shall be re-evaluated within 24 

13 hours and monitored thereafter as determined by 

14 an emergency care professional (and in the care 

15 of a consultation provided to a child, with a li16 censed emergency care professional with a back17 ground in pediatric care). 

18 (B) REEVALUATION PRIOR TO TRANSPOR19 TATION.—In addition to the re-evaluations under 

20 subparagraph (A), detainees shall have all vital 

21 signs re-evaluated and be cleared as safe to travel 

22 by a medical professional prior to transpor23 tation. 

24 (3) PYSCHOLOGICAL AND MENTAL CARE.—The 

25 Commissioner shall ensure that detainees who have 


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1 experienced physical or sexual violence or who have 

2 experienced events that may cause severe trauma or 

3 toxic stress, are provided access to basic, humane, and 

4 supportive psychological assistance. 

5 (f) INTERPRETERS.—To ensure that health screenings 

6 and medical care required under this section are carried 

7 out in the best interests of the detainee, the Commissioner 

8 shall ensure that language-appropriate interpretation serv9 ices, including indigenous languages, are provided to each 

10 detainee and that each detainee is informed of the avail11 ability of interpretation services. 

12 (g) CHAPERONES.—To ensure that health screenings 

13 and medical care required under this section are carried 

14 out in the best interests of the detainee— 

15 (1) the Commissioner shall establish guidelines 

16 for and ensure the presence of chaperones for all de17 tainees during medical screenings and examinations 

18 consistent with relevant guidelines in the American 

19 Medical Association Code of Medical Ethics, and rec20 ommendations of the American Academy of Pediat21 rics; and 

22 (2) to the extent practicable, the physical exam23 ination of a child shall always be performed in the 

24 presence of a parent or legal guardian or in the presVerDate Sep 11 2014 21:51 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3239.RH H3239

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1 ence of the detainee’s closest present adult relative if 

2 a parent or legal guardian is unavailable. 

3 (h) DOCUMENTATION.—The Commissioner shall ensure 

4 that the health screenings and medical care required under 

5 this section, along with any other medical evaluations and 

6 interventions for detainees, are documented in accordance 

7 with commonly accepted standards in the United States for 

8 medical record documentation. Such documentation shall be 

9 provided to any individual who received a health screening 

10 and subsequent medical treatment upon release from CBP 

11 custody. 

12 (i) INFRASTRUCTURE AND EQUIPMENT.—The Com13 missioner or the Administrator of General Services shall en14 sure that each location to which detainees are first trans15 ported after an initial encounter with an agent or officer 

16 of CBP has the following: 

17 (1) A private space that provides a comfortable 

18 and considerate atmosphere for the patient and that 

19 ensures the patient’s dignity and right to privacy 

20 during the health screening and medical assessment 

21 and any necessary follow-up care. 

22 (2) All necessary and appropriate medical equip23 ment and facilities to conduct the health screenings 

24 and follow-up care required under this section, to 

25 treat trauma, to provide emergency care, including 


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1 resuscitation of individuals of all ages, and to prevent 

2 the spread of communicable diseases. 

3 (3) Basic over-the-counter medications appro4 priate for all age groups. 

5 (4) Appropriate transportation to medical facili6 ties in the case of a medical emergency, or an on-call 

7 service with the ability to arrive at the CBP facility 

8 within 30 minutes. 

9 (j) PERSONNEL.—The Commissioner or the Adminis10 trator of General Services shall ensure that each location 

11 to which detainees are first transported after an initial en12 counter has onsite at least one licensed medical professional 

13 to conduct health screenings. Other personnel that are or 

14 may be necessary for carrying out the functions described 

15 in subsection (e), such as licensed emergency care profes16 sionals, specialty physicians (including physicians special17 izing in pediatrics, family medicine, obstetrics and gyne18 cology, geriatric medicine, internal medicine, and infectious 

19 diseases), nurse practitioners, other nurses, physician as20 sistants. licensed social workers, mental health profes21 sionals, public health professionals, dieticians, interpreters, 

22 and chaperones, shall be located on site to the extent prac23 ticable, or if not practicable, shall be available on call. 

24 (k) ETHICAL GUIDELINES.—The Commissioner shall 

25 ensure that all medical assessments and procedures conVerDate Sep 11 2014 21:51 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3239.RH H3239

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1 ducted pursuant to this section are conducted in accordance 

2 with ethical guidelines in the applicable medical field, and 

3 respect human dignity. 

4 SEC. 3. WATER, SANITATION AND HYGIENE. 

5 The Commissioner shall ensure that detainees have ac6 cess to— 

7 (1) not less than one gallon of drinking water 

8 per person per day, and age-appropriate fluids as 

9 needed; 

10 (2) a private, safe, clean, and reliable permanent 

11 or portable toilet with proper waste disposal and a 

12 hand washing station, with not less than one toilet 

13 available for every 12 male detainees, and 1 toilet for 

14 every 8 female detainees; 

15 (3) a clean diaper changing facility, which in16 cludes proper waste disposal, a hand washing station, 

17 and unrestricted access to diapers; 

18 (4) the opportunity to bathe daily in a perma19 nent or portable shower that is private and secure; 

20 and 

21 (5) products for individuals of all age groups 

22 and with disabilities to maintain basic personal hy23 giene, including soap, a toothbrush, toothpaste, adult 

24 diapers, and feminine hygiene products, as well as reVerDate Sep 11 2014 21:51 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3239.RH H3239

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1 ceptacles for the proper storage and disposal of such 

2 products. 

3 SEC. 4. FOOD AND NUTRITION. 

4 The Commissioner shall ensure that detainees have ac5 cess to— 

6 (1) three meals per day including— 

7 (A) in the case of an individual age 12 or 

8 older, a diet that contains not less than 2,000 

9 calories per day; and 

10 (B) in the case of a child who is under the 

11 age of 12, a diet that contains an appropriate 

12 number of calories per day based on the child’s 

13 age and weight; 

14 (2) accommodations for any dietary needs or re15 strictions; and 

16 (3) access to food in a manner that follows ap17 plicable food safety standards. 

18 SEC. 5. SHELTER. 

19 The Commissioner shall ensure that each facility at 

20 which a detainee is detained meets the following require21 ments: 

22 (1) Except as provided in paragraph (2), males 

23 and females shall be detained separately. 

24 (2) In the case of a minor child arriving in the 

25 United States with an adult relative or legal guardVerDate Sep 11 2014 21:51 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3239.RH H3239

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1 ian, such child shall be detained with such relative or 

2 legal guardian unless such an arrangement poses safe3 ty or security concerns. In no case shall a minor who 

4 is detained apart from an adult relative or legal 

5 guardian as a result of such safety or security con6 cerns be detained with other adults. 

7 (3) In the case of an unaccompanied minor ar8 riving in the United States without an adult relative 

9 or legal guardian, such child shall be detained in an 

10 age-appropriate facility and shall not be detained 

11 with adults. 

12 (4) A detainee with a temporary or permanent 

13 disability shall be held in an accessible location and 

14 in a manner that provides for his or her safety, com15 fort, and security, with accommodations provided as 

16 needed. 

17 (5) No detainee shall be placed in a room for 

18 any period of time if the detainee’s placement would 

19 exceed the maximum occupancy level as determined 

20 by the appropriate building code, fire marshal, or 

21 other authority. 

22 (6) Each detainee shall be provided with tem23 perature appropriate clothing and bedding. 

24 (7) The facility shall be well lit and well venti25 lated, with the humidity and temperature kept at 


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1 comfortable levels (between 68 and 74 degrees Fahr2 enheit). 

3 (8) Detainees who are in custody for more than 

4 48 hours shall have access to the outdoors for not less 

5 than 1 hour during the daylight hours during each 

6 24-hour period. 

7 (9) Detainees shall have the ability to practice 

8 their religion or not to practice a religion, as applica9 ble. 

10 (10) Detainees shall have access to lighting and 

11 noise levels that are safe and conducive for sleeping 

12 throughout the night between the hours of 10 p.m. and 

13 6 a.m. 

14 (11) Officers, employees, and contracted per15 sonnel of CBP shall— 

16 (A) follow medical standards for the isola17 tion and prevention of communicable diseases; 

18 and 

19 (B) ensure the physical and mental safety of 

20 detainees who identify as lesbian, gay, bisexual, 

21 transgender, and intersex. 

22 (12) The facility shall have video-monitoring to 

23 provide for the safety of the detained population and 

24 to prevent sexual abuse and physical harm of vulner25 able detainees. 


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1 (13) The Commissioner shall ensure that lan2 guage-appropriate ‘‘Detainee Bill of Rights’’, includ3 ing indigenous languages, are posted or otherwise 

4 made available in all areas where detainees are lo5 cated. The ‘‘Detainee Bill of Rights’’ shall include all 

6 rights afforded to the detainee under this Act. 

7 (14) Video from video-monitoring must be pre8 served for 90 days and the detention facility must 

9 maintain certified records that the video-monitoring 

10 is properly working at all times. 

11 SEC. 6. COORDINATION AND SURGE CAPACITY. 

12 The Secretary of Homeland Security shall enter into 

13 memoranda of understanding with appropriate Federal 

14 agencies, such as the Department of Health and Human 

15 Services, and applicable emergency government relief serv16 ices, as well as contracts with health care, public health, 

17 social work, and transportation professionals, for purposes 

18 of addressing surge capacity and ensuring compliance with 

19 this Act. 

20 SEC. 7. TRAINING. 

21 The Commissioner shall ensure that CBP personnel as22 signed to each short-term custodial facility are profes23 sionally trained, including continuing education as the 

24 Commissioner deems appropriate, in all subjects necessary 

25 to ensure compliance with this Act, including— 


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1 (1) humanitarian response protocols and stand2 ards; 

3 (2) indicators of physical and mental illness, 

4 and medical distress in children and adults; 

5 (3) indicators of child sexual exploitation and ef6 fective responses to missing migrant children; and 

7 (4) procedures to report incidents of suspected 

8 child sexual abuse and exploitation directly to the Na9 tional Center for Missing and Exploited Children. 

10 SEC. 8. INTERFACILITY TRANSFER OF CARE. 

11 (a) TRANSFER.—When a detainee is discharged from 

12 a medical facility or emergency department, the Commis13 sioner shall ensure that responsibility of care is transferred 

14 from the medical facility or emergency department to an 

15 accepting licensed health care provider of CBP. 

16 (b) RESPONSIBILITIES OF ACCEPTING PROVIDERS.— 

17 Such accepting licensed health care provider shall review 

18 the medical facility or emergency department’s evaluation, 

19 diagnosis, treatment, management, and discharge care in20 structions to assess the safety of the discharge and transfer 

21 and to provide necessary follow-up care. 

22 SEC. 9. PLANNING AND INITIAL IMPLEMENTATION. 

23 (a) PLANNING.—Not later than 60 days after the date 

24 of enactment of this Act, the Secretary of Homeland Secu25 rity shall submit to Congress a detailed plan delineating 


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1 the timeline, process, and challenges of carrying out the re2 quirements of this Act. 

3 (b) IMPLEMENTATION.—The Secretary of Homeland 

4 Security shall ensure that the requirements of this Act are 

5 implemented not later than 6 months after the date of enact6 ment. 

7 SEC. 10. CONTRACTOR COMPLIANCE. 

8 The Secretary of Homeland Security shall ensure that 

9 all personnel contracted to carry out this Act do so in ac10 cordance with the requirements of this Act. 

11 SEC. 11. INSPECTIONS. 

12 (a) IN GENERAL.—The Inspector General of the De13 partment of Homeland Security shall— 

14 (1) conduct unannounced inspections of ports of 

15 entry, border patrol stations, and detention facilities 

16 administered by CBP or contractors of CBP; and 

17 (2) submit to Congress, reports on the results of 

18 such inspections as well as other reports of the Inspec19 tor General related to custody operations. 

20 (b) PARTICULAR ATTENTION.—In carrying out sub21 section (a), the Inspector General of the Department of 

22 Homeland Security shall pay particular attention to— 

23 (1) the degree of compliance by CBP with the re24 quirements of this Act; 

25 (2) remedial actions taken by CBP; and 


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1 (3) the health needs of detainees. 

2 (c) ACCESS TO FACILITIES.—The Commissioner may 

3 not deny a Member of Congress entrance to any facility or 

4 building used, owned, or operated by CBP. 

5 SEC. 12. GAO REPORT. 

6 (a) IN GENERAL.—The Comptroller General of the 

7 United States shall— 

8 (1) not later than 6 months after the date of en9 actment of this Act, commence a study on implemen10 tation of, and compliance with, this Act; and 

11 (2) not later than 1 year after the date of enact12 ment of this Act, submit a report to Congress on the 

13 results of such study. 

14 (b) ISSUES TO BE STUDIED.—The study required by 

15 subsection (a) shall examine the management and oversight 

16 by CBP of ports of entry, border patrol stations, and other 

17 detention facilities, including the extent to which CBP and 

18 the Department of Homeland Security have effective proc19 esses in place to comply with this Act. The study shall also 

20 examine the extent to which CBP personnel, in carrying 

21 out this Act, make abusive, derisive, profane, or harassing 

22 statements or gestures, or engage in any other conduct evi23 dencing hatred or invidious prejudice to or about one per24 son or group on account of race, color, religion, national 


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1 origin, sex, sexual orientation, age, or disability, including 

2 on social media. 

3 SEC. 13. RULE OF CONSTRUCTION. 

4 Nothing in this Act shall be construed to authorize 

5 CBP to detain individuals for longer than 72 hours. 

6 SEC. 14. DEFINITIONS. 

7 In this Act: 

8 (1) INTERPRETATION SERVICES.—The term ‘‘in9 terpretation services’’ includes translation services 

10 that are performed either in-person or through a tele11 phone or video service. 

12 (2) CHILD.—The term ‘‘child’’ has the meaning 

13 given the term in section 101(b)(1) of the Immigra14 tion and Nationality Act (8 U.S.C. 1101(b)(1)). 

15 (3) U.S. CUSTOMS AND BORDER PROTECTION FA16 CILITY.—The term ‘‘U.S. Customs and Border Protec17 tion Facility’’ includes— 

18 (A) U.S. Border Patrol stations; 

19 (B) ports of entry; 

20 (C) checkpoints; 

21 (D) forward operating bases; 

22 (E) secondary inspection areas; and 

23 (F) short-term custody facilities. 

24 (4) FORWARD OPERATING BASE.—The term ‘‘for25 ward operating base’’ means a permanent facility esVerDate Sep 11 2014 21:51 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H3239.RH H3239

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1 tablished by CBP in forward or remote locations, and 

2 designated as such by CBP. 


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Union Calendar No. 121 

116TH CONGRESS 

1ST SESSION H. R. 3239 

[Report No. 116–162, Part I] 

A BILL 

To require U.S. Customs and Border Protection to 

and for other purposes. perform an initial health screening on detainees, 

JULY 19, 2019 

Reported from the Committee on the Judiciary with an 

amendment 

JULY 19, 2019 

The Committee on Homeland Security discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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