IB 

Union Calendar No. 122 

116TH CONGRESS 

1ST SESSION H. R. 2203 

[Report No. 116–163, Part I] 

To increase transparency, accountability, and community engagement within 

the Department of Homeland Security, provide independent oversight 

of border security activities, improve training for agents and officers 

of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Ms. ESCOBAR (for herself, Mr. CASTRO of Texas, Mr. ESPAILLAT, and Ms. 

GARCIA of Texas) introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committees on 

the Judiciary, and Ways and Means, 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. BARRAGA ́N, Mr. VELA, Mr. STANTON, Mr. KHANNA, 

Ms. KUSTER of New Hampshire, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. 

SUOZZI, Ms. MATSUI, Mr. KILMER, Mr. VEASEY, Mrs. WATSON COLEMAN, Mr. TRONE, Mr. CISNEROS, Ms. NORTON, Mr. PAPPAS, Mr. HIMES, 

Mr. CORREA, Ms. UNDERWOOD, Mr. VARGAS, Ms. ESHOO, Mr. LUJA ́N, 

Mr. CARBAJAL, Ms. JACKSON LEE, and Mr. LEVIN of California 

JULY 19, 2019 

Reported from the Committee on Homeland Security with an amendment 

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

JULY 19, 2019 

The Committees on the Judiciary and Ways and Means 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 April 10, 2019] 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2203 RH

A BILL 

To increase transparency, accountability, and community engagement within the Department of Homeland Security, 

provide independent oversight of border security activities, improve training for agents and officers of U.S. 

Customs and Border Protection and U.S. Immigration 

and Customs Enforcement, and for other purposes. 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 2203 RH

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

3 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Homeland Security Improvement Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NATIONAL COMMISSION TO INVESTIGATE THE TREATMENT OF THE MIGRANT FAMILIES AND CHILDREN BY THE 

TRUMP ADMINISTRATION 

Sec. 101. Establishment of commission. 

Sec. 102. Purposes. 

Sec. 103. Composition of the Commission; qualifications. 

Sec. 104. Functions of commission. 

Sec. 105. Powers of commission. 

Sec. 106. Public meetings and release of public version of reports. 

Sec. 107. Staff of commission. 

Sec. 108. Compensation and travel expenses. 

Sec. 109. Security clearances for commission members and staff. 

Sec. 110. Reports of commission; termination. 

Sec. 111. Funding. 

TITLE II—OMBUDSMAN, BORDER COMMUNITY LIAISONS, TRAINING 

AND MANAGEMENT 

Sec. 201. Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns. 

Sec. 202. Establishment of border community stakeholder advisory committee. 

Sec. 203. Training and continuing education. 

Sec. 204. Body-worn cameras. 

Sec. 205. Limitation on the separation of families. 

Sec. 206. Prohibition on exceeding 72 hours in short-term detention. 

Sec. 207. Electronic tracking. 

Sec. 208. Preventing implementation of anti-asylum access interim final rule; 

Termination of remain in Mexico protocol and metering policy. 

Sec. 209. Surge support for care of families and unaccompanied children. 

Sec. 210. Port of entry temporary duty assignments. 

Sec. 211. Prohibition on physical restraints for women who are pregnant or postdelivery. 

TITLE III—OVERSIGHT 

Sec. 301. GAO report on the extent of CBP activities, operations, and claimed 

authority. 

Sec. 302. Migrant deaths reporting. 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 2203 RH

Sec. 303. Review of the use of force. 

Sec. 304. Accountability and transparency within the border zone. 

Sec. 305. Audit and inspections of detention facilities. 

1 TITLE I—NATIONAL COMMIS2 SION TO INVESTIGATE THE 

3 TREATMENT OF THE MI4 GRANT FAMILIES AND CHIL5 DREN BY THE TRUMP ADMIN6 ISTRATION 

7 SEC. 101. ESTABLISHMENT OF COMMISSION. 

8 There is established in the legislative branch the Na9 tional Commission to Investigate the Treatment of Migrant 

10 Families and Children By the Trump Administration (in 

11 this Act referred to as the ‘‘Commission’’). 

12 SEC. 102. PURPOSES. 

13 The purposes of the Commission are to— 

14 (1) examine the handling of migrant families 

15 and children apprehended along the United States16 Mexico border by U.S. Customs and Border Protec17 tion since January 2017; 

18 (2) ascertain, evaluate, and report on the evi19 dence developed by all relevant governmental agencies 

20 regarding the facts and circumstances surrounding 

21 the handling by the Departments of Homeland Secu22 rity and Health and Human Services of migrant 

23 families and children who were apprehended at the 

24 southern border since January 2017; 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 2203 RH

1 (3) build upon the investigations of other enti2 ties, and avoid unnecessary duplication, by reviewing 

3 the findings, conclusions, and recommendations of— 

4 (A) Department of Homeland Security Of5 fice of Inspector General; 

6 (B) Department of Health and Human 

7 Services Office of Inspector General; and 

8 (C) other executive branch, congressional, or 

9 independent investigations into the treatment of 

10 and detention conditions for migrant families 

11 and children apprehended at the southern border 

12 by the Department of Homeland Security since 

13 January 2017; 

14 (4) make a full and complete accounting of the 

15 handling of the migrant families and children appre16 hended at the southern border since January 2017; 

17 and 

18 (5) investigate and report to the President and 

19 Congress on its findings, conclusions, and rec20 ommendations for corrective measures. 

21 SEC. 103. COMPOSITION OF THE COMMISSION; QUALIFICA22 TIONS. 

23 (a) MEMBERS.—The Commission shall be composed of 

24 10 members, of whom— 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•HR 2203 RH

1 (1) one member shall be appointed by the leader 

2 of the Democratic Party (majority or minority leader, 

3 as the case may be) in the House of Representatives, 

4 with the concurrence of the leader of the Democratic 

5 party (majority or minority leader as the case may 

6 be) in the Senate, who shall serve as chairman of the 

7 Commission; 

8 (2) two members shall be appointed by the senior 

9 member of the leadership of the Democratic party in 

10 Senate; 

11 (3) three members shall be appointed by the sen12 ior member of the leadership of the Republican party 

13 in the Senate; 

14 (4) three members shall be appointed by the sen15 ior member of the leadership of the Democratic party 

16 in the House of Representatives; and 

17 (5) one member shall be appointed by the senior 

18 member of the leadership of the Republican party in 

19 of the House of Representatives. 

20 (b) QUALIFICATIONS.—Each individual appointed to 

21 the Commission shall have expertise and experience in at 

22 least one of the following areas: 

23 (1) Immigration law, particularly experience 

24 representing asylees. 

25 (2) Public health. 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•HR 2203 RH

1 (3) Child welfare. 

2 (4) Civil rights. 

3 (5) As a representative of a humanitarian orga4 nization that gives assistance to individuals crossing 

5 the southern border. 

6 (6) As a local official from a border community 

7 on the southern border of the United States. 

8 SEC. 104. FUNCTIONS OF COMMISSION. 

9 The functions of the Commission are to— 

10 (1) investigate the relevant facts and cir11 cumstances related to the handling by the Depart12 ments of Homeland Security and Health and Human 

13 Services of the migrant families and children appre14 hended at the southern border since January 2017, 

15 including any relevant legislation, Executive order, 

16 regulation, plan, policy, practice, or procedure; 

17 (2) identify, review, and evaluate the lessons 

18 learned from the handling by the Departments of 

19 Homeland Security and Health and Human Services 

20 of the migrant families and children apprehended at 

21 the southern border since January 2017, regarding 

22 the structure, coordination, management policies, and 

23 procedures of the Federal Government, and, if appro24 priate, State and local governments and nongovern25 mental entities, relative to providing timely, effective 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•HR 2203 RH

1 and humane treatment of migrant families and unac2 companied alien children seeking asylum in the 

3 United States; and 

4 (3) submit to the President and Congress such 

5 reports as are required by this title containing such 

6 findings, conclusions, and recommendations as the 

7 Commission shall determine, including proposing or8 ganization, coordination, planning, management ar9 rangements, procedures, rules, and regulations. 

10 SEC. 105. POWERS OF COMMISSION. 

11 (a) IN GENERAL.— 

12 (1) HEARINGS AND EVIDENCE.—The Commission 

13 or, on the authority of the Commission, any sub14 committee or member thereof, may, for the purpose of 

15 carrying out this title— 

16 (A) hold such hearings and sit and act at 

17 such times and places, take such testimony, re18 ceive such evidence, administer such oaths; and 

19 (B) subject to paragraph (2)(A), require, by 

20 subpoena or otherwise, the attendance and testi21 mony of such witnesses and the production of 

22 such books, records, correspondence, memoranda, 

23 papers, and documents, as the Commission or 

24 such designated subcommittee or designated 

25 member may determine advisable. 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•HR 2203 RH

1 (2) SUBPOENAS.— 

2 (A) ISSUANCE.— 

3 (i) IN GENERAL.—A subpoena may be 

4 issued under this subsection only— 

5 (I) by the agreement of the chair6 man and the vice chairman; or 

7 (II) by the affirmative vote of 6 

8 members of the Commission. 

9 (ii) SIGNATURE.—Subject to clause (i), 

10 subpoenas issued under this subsection may 

11 be issued under the signature of the chair12 man or any member designated by a major13 ity of the Commission, and may be served 

14 by any person designated by the chairman 

15 or by a member designated by a majority of 

16 the Commission. 

17 (B) ENFORCEMENT.— 

18 (i) IN GENERAL.—In the case of contu19 macy or failure to obey a subpoena issued 

20 under subsection (a), the United States dis21 trict court for the judicial district in which 

22 the subpoenaed person resides, is served, or 

23 may be found, or where the subpoena is re24 turnable, may issue an order requiring such 

25 person to appear at any designated place to 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•HR 2203 RH

1 testify or to produce documentary or other 

2 evidence. Any failure to obey the order of 

3 the court may be punished by the court as 

4 a contempt of that court. 

5 (ii) ADDITIONAL ENFORCEMENT.—In 

6 the case of any failure of any witness to 

7 comply with any subpoena or to testify 

8 when summoned under authority of this sec9 tion, the Commission may, by majority 

10 vote, certify a statement of fact constituting 

11 such failure to the appropriate United 

12 States attorney, who may bring the matter 

13 before the grand jury for its action, under 

14 the same statutory authority and procedures 

15 as if the United States attorney had re16 ceived a certification under sections 102 

17 through 104 of the Revised Statutes of the 

18 United States (2 U.S.C. 192 through 194). 

19 (b) CONTRACTING.—The Commission may, to such ex20 tent and in such amounts as are provided in appropriation 

21 Acts, enter into contracts to enable the Commission to dis22 charge its duties under this title. 

23 (c) INFORMATION FROM FEDERAL AGENCIES.— 

24 (1) IN GENERAL.—The Commission is authorized 

25 to secure directly from any executive department, buVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
11 

•HR 2203 RH

1 reau, agency, board, commission, office, independent 

2 establishment, or instrumentality of the Government, 

3 information, suggestions, estimates, and statistics for 

4 the purposes of this title. Each department, bureau, 

5 agency, board, commission, office, independent estab6 lishment, or instrumentality shall, to the extent au7 thorized by law, furnish such information, sugges8 tions, estimates, and statistics directly to the Commis9 sion, upon request made by the chairman, the chair10 man of any subcommittee created by a majority of the 

11 Commission, or any member designated by a major12 ity of the Commission. 

13 (2) RECEIPT, HANDLING, STORAGE, AND DIS14 SEMINATION.—Information shall only be received, 

15 handled, stored, and disseminated by members of the 

16 Commission and its staff consistent with all applica17 ble statutes, regulations, and Executive orders. 

18 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

19 (1) GENERAL SERVICES ADMINISTRATION.—The 

20 Administrator of General Services shall provide to the 

21 Commission on a reimbursable basis administrative 

22 support and other services for the performance of the 

23 Commission’s functions. 

24 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

25 addition to the assistance prescribed in paragraph 


pamtmann on DSKBFK8HB2PROD with BILLS
12 

•HR 2203 RH

1 (1), departments and agencies of the United States 

2 may provide to the Commission such services, funds, 

3 facilities, staff, and other support services as they 

4 may determine advisable and as may be authorized 

5 by law. 

6 SEC. 106. PUBLIC MEETINGS AND RELEASE OF PUBLIC 

7 VERSION OF REPORTS. 

8 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC

9 VERSIONS OF REPORTS.—The Commission shall— 

10 (1) hold public hearings and meetings to the ex11 tent appropriate; and 

12 (2) release public versions of the reports required 

13 under section 110(a) and (b). 

14 (b) PUBLIC HEARINGS.—Any public hearings of the 

15 Commission shall be conducted in a manner consistent with 

16 the protection of information provided to or developed for 

17 or by the Commission as required by any applicable statute, 

18 regulation, or Executive order. 

19 SEC. 107. STAFF OF COMMISSION. 

20 (a) IN GENERAL.— 

21 (1) APPOINTMENT AND COMPENSATION.—The 

22 chairman, in consultation with vice chairman, in ac23 cordance with rules agreed upon by the Commission, 

24 may appoint and fix the compensation of a staff di25 rector and such other personnel as may be necessary 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•HR 2203 RH

1 to enable the Commission to carry out its functions, 

2 without regard to the provisions of title 5, United 

3 States Code, governing appointments in the competi4 tive service, and without regard to the provisions of 

5 chapter 51 and subchapter III of chapter 53 of such 

6 title relating to classification and General Schedule 

7 pay rates, except that no rate of pay fixed under this 

8 subsection may exceed the equivalent of that payable 

9 for a position at level V of the Executive Schedule 

10 under section 5316 of title 5, United States Code. 

11 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

12 (A) IN GENERAL.—The executive director 

13 and any personnel of the Commission who are 

14 employees shall be employees under section 2105 

15 of title 5, United States Code, for purposes of 

16 chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 

17 that title. 

18 (B) MEMBERS OF COMMISSION.—Subpara19 graph (A) shall not be construed to apply to 

20 members of the Commission. 

21 (b) DETAILEES.—Any Federal Government employee 

22 may be detailed to the Commission without reimbursement 

23 from the Commission, and such detailee shall retain the 

24 rights, status, and privileges of his or her regular employ25 ment without interruption. 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•HR 2203 RH

1 (c) CONSULTANT SERVICES.—The Commission is au2 thorized to procure the services of experts and consultants 

3 in accordance with section 3109 of title 5, United States 

4 Code, but at rates not to exceed the daily rate paid a person 

5 occupying a position at level IV of the Executive Schedule 

6 under section 5315 of title 5, United States Code. 

7 SEC. 108. COMPENSATION AND TRAVEL EXPENSES. 

8 Each member of the Commission may be compensated 

9 at not to exceed the daily equivalent of the annual rate of 

10 basic pay in effect for a position at level IV of the Executive 

11 Schedule under section 5315 of title 5, United States Code, 

12 for each day during which that member is engaged in the 

13 actual performance of the duties of the Commission. 

14 SEC. 109. SECURITY CLEARANCES FOR COMMISSION MEM15 BERS AND STAFF. 

16 The appropriate Federal agencies or departments shall 

17 cooperate with the Commission in expeditiously providing 

18 to the Commission members and staff appropriate security 

19 clearances to the extent possible pursuant to existing proce20 dures and requirements, except that no person shall be pro21 vided with access to classified information under this title 

22 without the appropriate security clearances. 

23 SEC. 110. REPORTS OF COMMISSION; TERMINATION. 

24 (a) INTERIM REPORTS.—The Commission may submit 

25 to the President and Congress interim reports containing 


pamtmann on DSKBFK8HB2PROD with BILLS
15 

•HR 2203 RH

1 such findings, conclusions, and recommendations for correc2 tive measures as have been agreed to by a majority of Com3 mission members. 

4 (b) REPORT.—Not later than 18 months after the date 

5 of the enactment of this Act, the Commission shall submit 

6 to the President and Congress a final report containing 

7 such findings, conclusions, and recommendations for correc8 tive measures as have been agreed to by a majority of Com9 mission members. 

10 (c) TERMINATION.— 

11 (1) IN GENERAL.—The Commission, and all the 

12 authorities of this title, shall terminate 60 days after 

13 the date on which the final report is submitted under 

14 subsection (b). 

15 (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI16 NATION.—The Commission may use the 60-day period 

17 referred to in paragraph (1) for the purpose of con18 cluding its activities, including providing testimony 

19 to committees of Congress concerning its reports and 

20 disseminating the final report. 

21 SEC. 111. FUNDING. 

22 (a) IN GENERAL.—There is authorized $3,000,000 for 

23 purposes of carrying out the activities of the Commission 

24 under this title. 


pamtmann on DSKBFK8HB2PROD with BILLS
16 

•HR 2203 RH

1 (b) DURATION OF AVAILABILITY.—Amounts made 

2 available to the Commission under subsection (a) shall re3 main available until the termination of the Commission. 

4 TITLE II—OMBUDSMAN, BORDER 

5 COMMUNITY LIAISONS, 

6 TRAINING AND MANAGEMENT 

7 SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE OM8 BUDSMAN FOR BORDER AND IMMIGRATION 

9 RELATED CONCERNS. 

10 (a) IN GENERAL.—Subtitle C of title IV of the Home11 land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 

12 by adding at the end the following new section: 

13 ‘‘SEC. 437. ESTABLISHMENT OF THE OFFICE OF OMBUDS14 MAN FOR BORDER AND IMMIGRATION RE15 LATED CONCERNS. 

16 ‘‘(a) IN GENERAL.—The Secretary shall appoint an 

17 Ombudsman for Border and Immigration Related Concerns 

18 (hereinafter referred to as the ‘Ombudsman’), who shall— 

19 ‘‘(1) be independent of Department agencies and 

20 officers; 

21 ‘‘(2) report directly to the Secretary; and 

22 ‘‘(3) have a background in immigration, civil 

23 rights, and law enforcement. 

24 ‘‘(b) FUNCTIONS.—The functions of the Ombudsman 

25 shall be to— 


pamtmann on DSKBFK8HB2PROD with BILLS
17 

•HR 2203 RH

1 ‘‘(1) establish an independent, neutral, and con2 fidential process to receive, investigate, resolve, and 

3 provide redress, including referral for investigation to 

4 the Office of the Inspector General, referral to the Of5 fice of Civil Rights and Civil Liberties to investigate 

6 complaints and information indicating possible 

7 abuses of civil rights or civil liberties, referral to U.S. 

8 Citizenship and Immigration Services for immigra9 tion relief, or any other action determined appro10 priate, in cases in which Department employees, or 

11 subcontracted or cooperating entity personnel, are al12 leged to have engaged in misconduct or violated the 

13 rights of individuals, associations, or employers; 

14 ‘‘(2) establish an accessible and standardized 

15 complaint process regarding complaints against any 

16 employee of U.S. Customs and Border Protection or 

17 U.S. Immigration and Customs Enforcement, or any 

18 subcontracted or cooperating entity personnel, for vio19 lations of law or violations of standards of profes20 sional conduct pertaining to interaction with a 

21 United States citizen or non-United States citizen in 

22 the course of carrying out any duty under law; and 

23 ‘‘(3) identify and thereafter review, examine, and 

24 make recommendations to the Secretary or designee to 

25 address chronic concerns in border security and enVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
18 

•HR 2203 RH

1 forcement activities of U.S. Customs and Border Pro2 tection and U.S. Immigration and Customs Enforce3 ment. 

4 ‘‘(c) ANNUAL REPORT.—On an annual basis, starting 

5 one year after the date of the enactment of this section, the 

6 Secretary shall submit to the Committee on Homeland Se7 curity and the Committee on the Judiciary of the House 

8 of Representatives and the Committee on Homeland Secu9 rity and Governmental Affairs and the Committee on the 

10 Judiciary of the Senate a report prepared by the Ombuds11 man that provides information regarding the Office of the 

12 Ombudsman’s activities for the prior year, including infor13 mation relating to the following: 

14 ‘‘(1) The number of complaints received in the 

15 period, with information on each complaint including 

16 whether it is against any employee of U.S. Customs 

17 and Border Protection or U.S. Immigration and Cus18 toms Enforcement, or any subcontracted or cooper19 ating entity personnel, for violations of law or viola20 tions of standards of professional conduct pertaining 

21 to interaction with a United States citizen or non22 United States citizen in the course of carrying out 

23 any duty under law, when and where the incident 

24 that gave rise to the complaint occurred, including, 

25 where possible, identification of the port of entry, 


pamtmann on DSKBFK8HB2PROD with BILLS
19 

•HR 2203 RH

1 U.S. Border Patrol station, or detention facility 

2 where the alleged incident occurred. 

3 ‘‘(2) The number of investigations commenced or 

4 carried out in the period, with information on each 

5 investigation including whether it involves any em6 ployee of U.S. Customs and Border Protection or U.S. 

7 Immigration and Customs Enforcement, or any sub8 contracted or cooperating entity personnel, for viola9 tions of law or violations of standards of professional 

10 conduct pertaining to interaction with a United 

11 States citizen or non-United States citizen in the 

12 course of carrying out any duty under law. 

13 ‘‘(3) The number of complaints resolved in the 

14 period, with information on how each complaint was 

15 resolved, including for those complaints that were— 

16 ‘‘(A) referred for investigation to the Office 

17 of the Inspector General; 

18 ‘‘(B) referred to the Office of Civil Rights 

19 and Civil Liberties; 

20 ‘‘(C) referred to U.S. Citizenship and Immi21 gration Services for immigration relief; and 

22 ‘‘(D) resolved in some other manner. 

23 ‘‘(4) Findings and recommendations for the pe24 riod that address chronic concerns in border security 

25 and enforcement activities of U.S. Customs and BorVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
20 

•HR 2203 RH

1 der Protection and U.S. Immigration and Customs 

2 Enforcement, including the impact of such activities 

3 on border communities and the civil rights, property 

4 rights, privacy rights, and civil liberties of residents 

5 of such communities. 

6 ‘‘(5) Any actions taken by the Department to 

7 implement recommendations that address chronic con8 cerns in border security and enforcement activities. 

9 ‘‘(d) PUBLICATION.—Not later than 30 days after re10 ceiving the annual report required pursuant to subsection 

11 (c), the Secretary shall publish the annual report on the 

12 website of the Department and in the Federal Register, to13 gether with any feedback from the Secretary regarding the 

14 report. 

15 ‘‘(e) CONFIDENTIALITY.—In the absence of the written 

16 consent of an individual who submits a complaint, the Om17 budsman shall keep confidential the identity of and any 

18 identifying information relating to that individual.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents in 

20 section 1(b) of the Homeland Security Act of 2002 is 

21 amended by striking the items relating to sections 435 and 

22 436 and inserting the following new items: 

‘‘Sec. 435. Maritime operations coordination plan. 

‘‘Sec. 436. Maritime security capabilities assessments. 

‘‘Sec. 437.Establishment of the Office of Ombudsman for Border and Immigration 

Related Concerns.’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
21 

•HR 2203 RH

1 SEC. 202. ESTABLISHMENT OF BORDER COMMUNITY STAKE2 HOLDER ADVISORY COMMITTEE. 

3 (a) IN GENERAL.—Subtitle C of title IV of the Home4 land Security Act of 2002, as amended by section 201 of 

5 this Act, is further amended by adding at the end the fol6 lowing new section: 

7 ‘‘SEC. 438. ESTABLISHMENT OF BORDER COMMUNITY 

8 STAKEHOLDER ADVISORY COMMITTEE. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

10 within the Department a border community stakeholders 

11 advisory committee pursuant to section 871 of this Act. 

12 ‘‘(b) DUTIES.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall consult 

14 with the Advisory Committee, as appropriate, on bor15 der security and immigration enforcement matters, 

16 including on the development, refinement, and imple17 mentation of policies, protocols, programs, and rule18 making pertaining to border security and immigra19 tion enforcement that may impact border commu20 nities. 

21 ‘‘(2) RECOMMENDATIONS.—The Advisory Com22 mittee shall develop, at the request of the Secretary, 

23 recommendations regarding policies, protocols, pro24 grams and rulemaking pertaining to border security 

25 and immigration enforcement that may impact bor26 der communities. 


pamtmann on DSKBFK8HB2PROD with BILLS
22 

•HR 2203 RH

1 ‘‘(3) PERIODIC REPORTS.—The Advisory Com2 mittee shall periodically submit to the Secretary— 

3 ‘‘(A) reports on matters identified by the 

4 Secretary; and 

5 ‘‘(B) reports on other matters identified by 

6 a majority of the members of the Advisory Com7 mittee. 

8 ‘‘(4) ANNUAL REPORT.—The Advisory Committee 

9 shall submit to the Secretary an annual report pro10 viding information on the activities, findings, and 

11 recommendations of the Advisory Committee, includ12 ing its subcommittees, for the preceding year. Not 

13 later than six months after the date on which the Sec14 retary receives the annual report, the Secretary shall 

15 publish a public version describing the Advisory Com16 mittee’s activities and such related matters as would 

17 be informative to the public, consistent with section 

18 552(b) of title 5, United States Code. 

19 ‘‘(5) FEEDBACK.—Not later than 90 days after 

20 receiving recommendations transmitted by the Advi21 sory Committee under paragraph (4), the Secretary 

22 shall respond in writing to the Advisory Committee 

23 with feedback on each of the recommendations, an ac24 tion plan to implement any of the recommendations 

25 with which the Secretary concurs, and a justification 


pamtmann on DSKBFK8HB2PROD with BILLS
23 

•HR 2203 RH

1 for why any of the recommendations have been re2 jected. 

3 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not later 

4 than 30 days after providing written feedback to the 

5 Advisory Committee under paragraph (5), the Sec6 retary shall notify the Committee on Homeland Secu7 rity of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Af9 fairs of the Senate on such feedback, and provide a 

10 briefing upon request. 

11 ‘‘(7) REPORT TO CONGRESS.—Prior to briefing 

12 the Committee on Homeland Security of the House of 

13 Representatives and the Committee on Homeland Se14 curity and Governmental Affairs of the Senate under 

15 paragraph (6), the Secretary shall submit to such 

16 committees a report containing information relating 

17 to the recommendations transmitted by the Advisory 

18 Committee in accordance with paragraph (4). 

19 ‘‘(c) MEMBERSHIP.— 

20 ‘‘(1) APPOINTMENT.— 

21 ‘‘(A) IN GENERAL.—Not later than 90 days 

22 after the date of enactment of this section, the 

23 Secretary shall appoint the members of the Advi24 sory Committee. 


pamtmann on DSKBFK8HB2PROD with BILLS
24 

•HR 2203 RH

1 ‘‘(B) COMPOSITION.—The membership of 

2 the Advisory Committee shall consist of a border 

3 community stakeholder from each of the nine 

4 U.S. Border Patrol sectors and three individuals 

5 with significant expertise and experience in im6 migration law, civil rights, and civil liberties, 

7 particularly as relates to interests of residents of 

8 border communities. 

9 ‘‘(2) TERM OF OFFICE.— 

10 ‘‘(A) TERMS.—The term of each member of 

11 the Advisory Committee shall be two years. A 

12 member of the Advisory Committee may be re13 appointed. 

14 ‘‘(B) REMOVAL.—The Secretary may review 

15 the participation of a member of the Advisory 

16 Committee and remove such member for cause at 

17 any time. 

18 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

19 members of the Advisory Committee shall not receive 

20 pay, allowances, or benefits from the Government by 

21 reason of their service on the Advisory Committee. 

22 ‘‘(4) MEETINGS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall re24 quire the Advisory Committee to meet at least 


pamtmann on DSKBFK8HB2PROD with BILLS
25 

•HR 2203 RH

1 semiannually and may convene additional meet2 ings as necessary. 

3 ‘‘(B) PUBLIC MEETINGS.—At least one of 

4 the meetings described in subparagraph (A) shall 

5 be within a Border Patrol sector and open to the 

6 public. 

7 ‘‘(C) ATTENDANCE.—The Advisory Com8 mittee shall maintain a record of the persons 

9 present at each meeting. 

10 ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY

11 INFORMATION.—Not later than 60 days after the date 

12 of a member’s appointment, the Secretary shall deter13 mine if there is cause for the member to be restricted 

14 from possessing sensitive security information. With15 out such cause, and upon the member voluntarily 

16 signing a non-disclosure agreement, the member may 

17 be granted access to sensitive security information 

18 that is relevant to the member’s advisory duties. The 

19 member shall protect the sensitive security informa20 tion in accordance with part 1520 of title 49, Code 

21 of Federal Regulations. 

22 ‘‘(6) CHAIRPERSON.—A stakeholder representa23 tive on the Advisory Committee who is elected by the 

24 appointed membership of the Advisory Committee 

25 shall chair the Advisory Committee. 


pamtmann on DSKBFK8HB2PROD with BILLS
26 

•HR 2203 RH

1 ‘‘(d) NONAPPLICABILITY OF FACA.—The Federal Ad2 visory Committee Act (5 U.S.C. App.) shall not apply to 

3 the Advisory Committee and its subcommittees. 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi6 sory Committee’ means the border community stake7 holder advisory committee established under sub8 section (a). 

9 ‘‘(2) BORDER COMMUNITY STAKEHOLDER.—The 

10 term ‘border community stakeholder’ means individ11 uals who have ownership interests or reside in the 

12 land borders of the United States and who have not 

13 publicly taken positions on the Trump Administra14 tion’s border security and immigration enforcement 

15 actions, including— 

16 ‘‘(A) a landowner within 10 miles of a land 

17 border of the United States; 

18 ‘‘(B) a business leader in a company oper19 ating within 10 miles of a land border of the 

20 United States; 

21 ‘‘(C) a local official from a community on 

22 a land border of the United States; and 

23 ‘‘(D) a representative of Indian tribes on a 

24 land border of the United States.’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
27 

•HR 2203 RH

1 (b) CLERICAL AMENDMENT.—The table of contents in 

2 section 1(b) of the Homeland Security Act of 2002, as 

3 amended by section 201 of this Act, is further amended by 

4 inserting after the item relating to section 437 the following 

5 new item: 

‘‘Sec. 438. Establishment of Border Community Stakeholder Advisory Committee.’’. 

6 SEC. 203. TRAINING AND CONTINUING EDUCATION. 

7 (a) MANDATORY TRAINING AND CONTINUING EDU8 CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY

9 AND PROFESSIONALISM.—The Secretary of Homeland Se10 curity shall establish policies and guidelines to ensure that 

11 every agent and officer of U.S. Customs and Border Protec12 tion and U.S. Immigration and Customs Enforcement re13 ceives a minimum of 20 weeks of training upon onboarding 

14 that is directly related to the mission and 40 hours of train15 ing and continuing education annually thereafter, to in16 clude personnel in a supervisory or management position. 

17 Such training shall include training provided by attorneys 

18 outside of the Department of Homeland Security. 

19 (b) CURRICULUM.—The Secretary of Homeland Secu20 rity shall establish policies and guidelines governing train21 ing and continuing education of agents and officers of U.S. 

22 Customs and Border Protection and U.S. Immigration and 

23 Customs Enforcement regarding accountability, standards 


pamtmann on DSKBFK8HB2PROD with BILLS
28 

•HR 2203 RH

1 for professional and ethical conduct, and oversight. Such 

2 training shall address the following: 

3 (1) Community relations, including the fol4 lowing: 

5 (A) Best practices in community policing, 

6 cultural awareness, and carrying out enforce7 ment actions near sensitive locations such as 

8 places of worship or religious ceremony, school or 

9 education-related place or event, courthouse or 

10 other civic building providing services accessible 

11 to the public, hospital, medical treatment, or 

12 health care facility, a public demonstration, or 

13 an attorney’s office, including a public defender 

14 or legal aid office. 

15 (B) Policies limiting location of enforcement 

16 and cooperation with local law enforcement. 

17 (C) Best practices in responding to griev18 ances and how to refer complaints to the Om19 budsman for Border and Immigration Related 

20 Concerns in accordance with section 437 of the 

21 Homeland Security Act of 2002, as added by sec22 tion 201 of this Act. 

23 (2) Interaction with vulnerable populations, in24 cluding instruction on screening, identifying, and reVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
29 

•HR 2203 RH

1 sponding to vulnerable populations, such as children, 

2 victims of human trafficking, and the acutely ill. 

3 (3) Standards of professional and ethical con4 duct, including the following: 

5 (A) Lawful use of force, de-escalation tac6 tics, and alternatives to the use of force. 

7 (B) Complying with chain of command and 

8 lawful orders. 

9 (C) Conduct and ethical behavior toward 

10 the public in a civil and professional manner. 

11 (D) Civil rights and legal protections. 

12 (E) Non-racially biased questioning. 

13 (F) De-escalation tactics and alternatives to 

14 use of force. 

15 (G) Permissible and impermissible social 

16 media activity. 

17 (c) PERFORMANCE REVIEW PROCESS.—The Secretary 

18 of Homeland Security shall establish a review process to 

19 ensure that port supervisors and managers of U.S. Customs 

20 and Border Protection and U.S. Immigration and Customs 

21 Enforcement, as the case may be, are evaluated annually 

22 on their actions and standards of conduct, and on the ac23 tions, situational and educational development, and stand24 ards of conduct of their staffs. 

25 (d) CONTINUING EDUCATION.— 


pamtmann on DSKBFK8HB2PROD with BILLS
30 

•HR 2203 RH

1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall annually require all agents and officers 

3 of U.S. Customs and Border Protection and U.S. Im4 migration and Customs Enforcement who are re5 quired to undergo training under subsections (a) 

6 through (c) to participate in continuing education to 

7 maintain and update understanding of Federal legal 

8 rulings, court decisions, and Department of Home9 land Security policies, procedures, and guidelines re10 lated to the subject matters described in such sub11 sections. 

12 (2) CONSTITUTIONAL AUTHORITY SUBJECT MAT13 TER.—Continuing education under this subsection 

14 shall include a course on protecting the civil, constitu15 tional, human, and privacy rights of individuals, 

16 with special emphasis on the scope of enforcement au17 thority, including chain of evidence practices and 

18 document seizure, and use of force policies available 

19 to agents and officers. 

20 (3) ADDITIONAL SUBJECT MATTERS.—Con21 tinuing education under this subsection shall also in22 clude a course on the following: 

23 (A) Scope of authority to conduct immigra24 tion enforcement activities, including interviews, 

25 interrogations, stops, searches, arrests, and deVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
31 

•HR 2203 RH

1 tentions, in addition to identifying and detecting 

2 fraudulent documents. 

3 (B) Identifying, screening, and responsi4 bility for vulnerable populations, such as chil5 dren and victims of trafficking. 

6 (C) Permissible and impermissible social 

7 media activity. 

8 (4) ADMINISTRATION.—Courses offered as part of 

9 continuing education under this subsection shall be 

10 administered by the Federal Law Enforcement Train11 ing Centers. 

12 (e) TRAINING ASSESSMENT.—Not later than three 

13 years after the date of the enactment of this Act, the Comp14 troller General of the United States shall submit to the Com15 mittee on Homeland Security of the House of Representa16 tives and the Committee on Homeland Security and Gov17 ernmental Affairs of the Senate a report that assesses the 

18 training and education, including continuing education, 

19 required under this section as well as its implementation. 

20 SEC. 204. BODY-WORN CAMERAS. 

21 (a) REQUIREMENT.—Not later than 60 days after the 

22 date of enactment of this Act, the Secretary of Homeland 

23 Security, shall submit to the Committees on Homeland Se24 curity and Judiciary of the House of Representatives and 

25 the Committees on Homeland Security and Governmental 


pamtmann on DSKBFK8HB2PROD with BILLS
32 

•HR 2203 RH

1 Affairs and Judiciary of the Senate a plan for requiring 

2 not later than one year after such date of enactment the 

3 use of body-worn cameras by U.S. Border Patrol agents and 

4 U.S. Immigration and Customs Enforcement officers when5 ever engaged in border security or immigration enforcement 

6 activities. 

7 (b) ELEMENTS.—The plan shall include the following: 

8 (1) Benchmarks for implementation within U.S. 

9 Customs and Border Protection and U.S. Immigra10 tion and Customs Enforcement. 

11 (2) Policies, procedures, and training modules 

12 for the use of body-worn cameras by agents and offi13 cers, including training modules relating to the ap14 propriate use of such cameras and adverse action for 

15 non-compliance. 

16 (3) Mechanisms for enforcement of body-worn 

17 camera policies and procedures by agents and officers 

18 within U.S. Customs and Border Protection and U.S. 

19 Immigration and Customs Enforcement. 

20 SEC. 205. LIMITATION ON THE SEPARATION OF FAMILIES. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, a child may not be removed from a parent, 

23 legal guardian, or family member of such child, at or near 

24 the port of entry or within 100 miles of a border of the 

25 United States, unless one of the following has occurred: 


pamtmann on DSKBFK8HB2PROD with BILLS
33 

•HR 2203 RH

1 (1) A State court, authorized under State law, 

2 terminates the rights of the parent or legal guardian, 

3 determines that it is in the best interests of the child 

4 to be removed from the parent or legal guardian, in 

5 accordance with the Adoption and Safe Families Act 

6 of 1997 (Public Law 105–89), or makes any similar 

7 determination that is legally authorized under State 

8 law. 

9 (2) An official from the State or county child 

10 welfare agency with expertise in child trauma and de11 velopment makes a best interests determination that 

12 it is in the best interests of the child to be removed 

13 from the parent, legal guardian, or family member 

14 because the child is in danger of abuse or neglect at 

15 the hands of the parent, legal guardian, or family 

16 member or is a danger to herself or others. 

17 (b) PROHIBITION ON SEPARATION.— 

18 (1) IN GENERAL.—A designated agency may not 

19 remove a child from a parent, legal guardian, or fam20 ily member solely for the policy goal of deterring in21 dividuals from migrating to the United States or for 

22 the policy goal of promoting compliance with civil 

23 immigration laws. 

24 (2) PENALTY FOR FAMILY SEPARATION.—Any 

25 person who knowingly separates a child from his or 


pamtmann on DSKBFK8HB2PROD with BILLS
34 

•HR 2203 RH

1 her parent, legal guardian, or family member in vio2 lation of this section, shall be fined not more than 

3 $10,000. 

4 (c) FAMILY MEMBER DEFINED.—For purposes of this 

5 section, the term ‘‘family member’’ means an individual 

6 who is any of the following: 

7 (1) A parent or legal guardian. 

8 (2) A spouse. 

9 (3) A child. 

10 (4) A step-family member. 

11 (5) An immediate family member, to include 

12 adult siblings. 

13 (6) An extended family member, to include 

14 aunts, uncles, adult cousins, and grandparents. 

15 SEC. 206. PROHIBITION ON EXCEEDING 72 HOURS IN 

16 SHORT-TERM DETENTION. 

17 Notwithstanding any other provision of law, the Sec18 retary of Homeland Security shall ensure that each indi19 vidual apprehended by U.S. Customs and Border Protection 

20 is released, paroled, or transferred to an appropriate long21 term facility operated by a non-profit organization, U.S. 

22 Immigration and Customs Enforcement, or the Department 

23 of Health and Human Services not later than 72 hours after 

24 such apprehension absent an exigent circumstance that is 

25 beyond the Secretary’s control, such as a natural disaster. 


pamtmann on DSKBFK8HB2PROD with BILLS
35 

•HR 2203 RH

1 The Secretary shall inform the Committees on Homeland 

2 Security and the Judiciary of the House of Representatives 

3 and Committees on Homeland Security and Governmental 

4 Affairs and the Judiciary of the Senate within three days 

5 of the Secretary determining such an exigent circumstance 

6 exists, and provide information on when the impacted indi7 viduals will be so released, paroled, or transferred. 

8 SEC. 207. ELECTRONIC TRACKING. 

9 (a) ESTABLISHMENT.—The Secretary of Homeland 

10 Security and the Secretary of Health and Human Services 

11 shall establish an electronic tracking system on a single 

12 interface, which shall be— 

13 (1) accessible to agents and officials of U.S. Cus14 toms and Border Protection, U.S. Immigration and 

15 Customs Enforcement, and the Office of Refugee Re16 settlement; and 

17 (2) used to track the location of a child who has 

18 been separated under section 205 and the parent or 

19 legal guardian of the child. 

20 (b) TRACKING NUMBER.—The Secretary of Homeland 

21 Security shall assign to a child who has been separated 

22 under section 205 and the parent or legal guardian of the 

23 child a tracking number that— 

24 (1) is transferrable; 


pamtmann on DSKBFK8HB2PROD with BILLS
36 

•HR 2203 RH

1 (2) may be shared easily on the electronic track2 ing system described in subsection (a) by agents and 

3 officials of— 

4 (A) U.S. Customs and Border Protection; 

5 (B) U.S. Immigration and Customs En6 forcement; and 

7 (C) the Office of Refugee Resettlement; and 

8 (3) is included on the paperwork of the child and 

9 the parent or legal guardian of the child. 

10 (c) CONTACT INFORMATION.—The Secretary of Home11 land Security and the Secretary of Health and Human 

12 Services shall advise a child who has been separated under 

13 section 205 and the parent or legal guardian of the child 

14 on the manner in which the child and the parent or legal 

15 guardian may be contacted during the term of the separa16 tion . 

17 SEC. 208. PREVENTING IMPLEMENTATION OF ANTI-ASYLUM 

18 ACCESS INTERIM FINAL RULE; TERMINATION 

19 OF REMAIN IN MEXICO PROTOCOL AND ME20 TERING POLICY. 

21 (a) PREVENTION OF IMPLEMENTATION OF ANTI-ASY22 LUM ACCESS RULE.—Notwithstanding any other provision 

23 of law, the joint interim final rule published in the Federal 

24 Register on July 16, 2019, by the Secretary of Homeland 

25 Security and Attorney General that would restrict eligiVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
37 

•HR 2203 RH

1 bility for aliens seeking asylum in the United States may 

2 not be implemented, enforced, or otherwise carried out by 

3 the Secretary or the Attorney General. 

4 (b) MPP AND METERING TERMINATION.—Not later 

5 than 30 days after enactment of this Act, the following shall 

6 terminate: 

7 (1) The Migrant Protection Protocols that were 

8 announced by the Secretary of Homeland Security on 

9 December 20, 2018, any subsequent revisions to such 

10 protocols, or any successor protocols in which certain 

11 individuals seeking asylum in the United States are 

12 required to wait outside of the United States for the 

13 duration of their immigration proceedings. 

14 (2) The U.S. Customs and Border Protection me15 tering policy to regulate the flow of asylum seekers at 

16 ports of entry by denying asylum seekers access to 

17 ports of entry or any successor policy that impedes 

18 access to ports of entry. 

19 (c) ADDITIONAL CAPACITY AT PORTS OF ENTRY.—For 

20 the purposes of increasing processing capacity at ports of 

21 entry, the Commissioner of U.S. Customs and Border Pro22 tection shall every fiscal year hire, train, and assign not 

23 fewer than 600 new officers above the level as of September 

24 30 of the immediately preceding fiscal year until the total 

25 number of such officers equals the requirements identified 


pamtmann on DSKBFK8HB2PROD with BILLS
38 

•HR 2203 RH

1 each year in the Workload Staffing Model developed by the 

2 Commissioner. 

3 (d) PROHIBITION ON CERTAIN INTERVIEWS.—No per4 sonnel employed by U.S. Customs and Border Protection 

5 may carry out credible fear interviews pursuant to the Im6 migration and Nationality Act. 

7 (e) OFFICE OF PROFESSIONAL RESPONSIBILITY.—The 

8 Commissioner of U.S. Customs and Border Protection shall 

9 every fiscal year hire, train, and assign 30 new full-time 

10 investigators within the Office of Professional Responsi11 bility of U.S. Customs and Border Protection until the total 

12 number of investigators enables the Office to fulfill its mis13 sion proportionate to the number of new personnel hired 

14 in accordance with subsection (c). 

15 (f) TRAFFIC FORECASTS.—In calculating the number 

16 of Office of Field Operations officers needed at each port 

17 of entry through the Workload Staffing Model, the Office 

18 of Field Operations shall— 

19 (1) rely on data collected regarding the inspec20 tions and other activities conducted at each such port 

21 of entry; and 

22 (2) consider volume associated with the increase 

23 in the volume of individuals from El Salvador, Gua24 temala, and Honduras seeking asylum in the United 

25 States and seasonal surges, other projected changes in 


pamtmann on DSKBFK8HB2PROD with BILLS
39 

•HR 2203 RH

1 commercial and passenger volumes, the most current 

2 commercial forecasts, and other relevant information. 

3 (g) AMENDMENT.—Subparagraph (A) of section 

4 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C. 

5 211(g)(5)) is amended— 

6 (1) by striking ‘‘model’’ and inserting ‘‘models’’; 

7 and 

8 (2) by inserting before the period at the end the 

9 following: ‘‘, and information concerning the progress 

10 made toward meeting officer hiring targets, while ac11 counting for attrition’’. 

12 SEC. 209. SURGE SUPPORT FOR CARE OF FAMILIES AND UN13 ACCOMPANIED CHILDREN. 

14 (a) IN GENERAL.—Not later than 60 days after the 

15 date of the enactment of this Act, the Secretary of Homeland 

16 Security shall enter into memoranda of understanding with 

17 appropriate Federal agencies and applicable emergency 

18 government relief services, and contracts with State-li19 censed, vetted, and qualified contractors with health care, 

20 public health, social work, and transportation professionals, 

21 for purposes of providing care for individuals, including 

22 unaccompanied alien children, apprehended at the southern 

23 border during the period of increased volume since January 

24 2017. 


pamtmann on DSKBFK8HB2PROD with BILLS
40 

•HR 2203 RH

1 (b) STRATEGIC DEPLOYMENT.—The Secretary of 

2 Homeland Security shall ensure that the memoranda of un3 derstanding and contracts entered into pursuant to sub4 section (a) ensure core capacity within the Department of 

5 Homeland Security to provide adequate care to individuals 

6 in short-term detention that includes physicians special7 izing in pediatrics, family medicine, emergency medicine, 

8 obstetrics and gynecology, geriatric medicine, internal med9 icine, and infectious diseases, nurse practitioners, other 

10 nurses, physician assistants, licensed social workers, mental 

11 health professionals, public health professionals, and dieti12 cians. 

13 (c) PROCESSING COORDINATOR.—The Commissioner 

14 of U.S. Customs and Border Protection may, on a case15 by-case basis, hire and train a processing coordinator to 

16 operate within U.S. Border Patrol station to— 

17 (1) facilitate the provision of services pursuant 

18 to a memorandum of understanding or contract en19 tered into pursuant to subsection (a) within a U.S. 

20 Border Patrol station; 

21 (2) perform administrative tasks related to the 

22 intake and processing of individuals apprehend by 

23 U.S. Border Patrol agents, where necessary; 

24 (3) transport individuals in U.S. Border Patrol 

25 custody, where necessary; and 


pamtmann on DSKBFK8HB2PROD with BILLS
41 

•HR 2203 RH

1 (4) perform custodial watch duties of individuals 

2 in such custody who have been admitted to a hospital, 

3 except that neither the coordinator nor a U.S. Border 

4 Patrol agent may be physically present in a hospital 

5 room of such an individual. 

6 (d) MONTHLY REPORTS.—Not later than 90 days after 

7 the date of the enactment of this Act, the Secretary of Home8 land Security shall submit to the Committee on Homeland 

9 Security of the House of Representatives and the Committee 

10 on Homeland Security and Governmental Affairs of the 

11 Senate a monthly report on the memoranda of under12 standing and contracts entered into pursuant to subsection 

13 (a) as of such date, together with the following: 

14 (1) Information on the deployment of physicians 

15 specializing in pediatrics, family medicine, emer16 gency medicine, obstetrics and gynecology, geriatric 

17 medicine, internal medicine, and infectious diseases;, 

18 nurse practitioners, other nurses, physician assist19 ants, licensed social workers, mental health profes20 sionals, public health professionals, and dieticians 

21 within each U.S. Border Patrol sector. 

22 (2) For each U.S. Border Patrol sector, the de23 gree to which responsibilities have been transferred 

24 from Department of Homeland Security personnel, 

25 particularly law enforcement personnel, for the proviVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
42 

•HR 2203 RH

1 sion of care of migrant families and unaccompanied 

2 alien children apprehended at the southern border of 

3 the United States to personnel under a memorandum 

4 of understanding or contract. 

5 SEC. 210. PORT OF ENTRY TEMPORARY DUTY ASSIGN6 MENTS. 

7 (a) QUARTERLY REPORT.—Not later than 60 days 

8 after the date of the enactment of this Act and quarterly 

9 thereafter, the Commissioner of U.S. Customs and Border 

10 Protection shall submit to the appropriate congressional 

11 committees a report that includes, for each such reporting 

12 period, the following: 

13 (1) The number of temporary duty assignments 

14 of U.S. Customs and Border Protection officers and 

15 support personnel from a port of entry to a tem16 porary duty assignment in response to the Northern 

17 Triangle Migrant Surge. 

18 (2) The ports of entry from which such employees 

19 were reassigned. 

20 (3) The ports of entry to which such employees 

21 were reassigned. 

22 (4) The ports of entry at which reimbursable 

23 service agreements have been entered into that may be 

24 affected by such temporary duty assignments. 


pamtmann on DSKBFK8HB2PROD with BILLS
43 

•HR 2203 RH

1 (5) The duration of each temporary duty assign2 ment. 

3 (6) The specific duties personnel will be under4 taking during each temporary duty assignment. 

5 (7) The cost of each temporary duty assignment. 

6 (b) NOTICE.—Not later than 10 days before rede7 ploying employees from one port of entry to another in re8 sponse to the Northern Triangle Migrant Surge, absent 

9 emergency circumstances— 

10 (1) the Commissioner of U.S. Customs and Bor11 der Protection shall notify the director of the port of 

12 entry from which employees will be reassigned of the 

13 intended redeployments; and 

14 (2) the port director shall notify impacted facili15 ties (including airports, seaports, and land ports) of 

16 the intended redeployments. 

17 (c) WORKFORCE BRIEFING.—The Commissioner of 

18 U.S. Customs and Border Protection shall brief all affected 

19 U.S. Customs and Border Protection employees regarding 

20 plans to mitigate vulnerabilities created by any planned 

21 staffing reductions at ports of entry. 


pamtmann on DSKBFK8HB2PROD with BILLS
44 

•HR 2203 RH

1 SEC. 211. PROHIBITION ON PHYSICAL RESTRAINTS FOR 

2 WOMEN WHO ARE PREGNANT OR POST-DELIV3 ERY. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), no officer or agent of the U.S. Customs and Border Pro6 tection or Immigration and Customs Enforcement may 

7 place physical restraints on a woman in the custody of the 

8 Department of Homeland Security (including during 

9 transport, in a detention facility, or at an outside medical 

10 facility) who is pregnant or in post-delivery recuperation. 

11 (b) EXCEPTION.—Subsection (a) shall not apply with 

12 respect to a pregnant woman if— 

13 (1) a supervisory official of the Department of 

14 Homeland Security makes an individualized deter15 mination that the woman— 

16 (A) is a serious flight risk, and such risk 

17 cannot be prevented by other means; or 

18 (B) poses an immediate and serious threat 

19 to harm herself or others that cannot be pre20 vented by other means; or 

21 (2) a medical professional responsible for the 

22 care of the pregnant woman determines that the use 

23 of therapeutic restraints is appropriate for the med24 ical safety of the woman. 

25 (c) LIMITATIONS.—If a pregnant woman is restrained 

26 pursuant to subsection (b), only the safest and least restricVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
45 

•HR 2203 RH

1 tive restraints, as determined by the appropriate medical 

2 professional treating the woman, may be used. In no case 

3 may restraints be used on a woman who is in active labor 

4 or delivery, and in no case may a pregnant woman be re5 strained in a face-down position with four-point restraints, 

6 on her back, or in a restraint belt that constricts the area 

7 of the pregnancy. A pregnant woman who is immobilized 

8 by restraints shall be positioned, to the maximum extent 

9 feasible, on her left side. 

10 (d) RECORDKEEPING.—If a pregnant woman is re11 strained pursuant to subsection (b), the supervisory official 

12 of the Department of Homeland Security shall document 

13 the basis for an individualized determination that re14 straints should be used in the Departmental records main15 tained on that woman. 

16 TITLE III—OVERSIGHT 

17 SEC. 301. GAO REPORT ON THE EXTENT OF CBP ACTIVITIES, 

18 OPERATIONS, AND CLAIMED AUTHORITY. 

19 Not later than one year after the date of the enactment 

20 of this subsection, the Comptroller General of the United 

21 States shall submit to the Committee on Homeland Security 

22 and the Committee on the Judiciary of the House of Rep23 resentatives and the Committee on Homeland Security and 

24 Governmental Affairs and the Committee on the Judiciary 

25 of the Senate a report that assesses the following issues: 


pamtmann on DSKBFK8HB2PROD with BILLS
46 

•HR 2203 RH

1 (1) How far into the United States interior the 

2 current activities, operations (including checkpoints), 

3 and claimed authority of U.S. Customs and Border 

4 Protection extend. 

5 (2) The extent to which the area of activities, op6 erations, and claimed authority referred to in para7 graph (1) is necessary. 

8 (3) The effectiveness of U.S. Customs and Border 

9 Protection’s interior enforcement and its impact on 

10 civil, constitutional, and private property rights. 

11 SEC. 302. MIGRANT DEATHS REPORTING. 

12 (a) IMMEDIATE REPORTS.—Not later than 24 hours 

13 after a migrant death, the Secretary of Homeland Security 

14 shall report such death to the Committees on Homeland Se15 curity and Judiciary of the House of Representatives and 

16 the Committees on Homeland Security and Governmental 

17 Affairs and Judiciary of the Senate. 

18 (b) ANNUAL REPORT ON MIGRANT DEATHS.—Not 

19 later than 180 days after the date of the enactment of this 

20 Act and annually thereafter, the Commissioner of U.S. Cus21 toms and Border Protection and the Director of U.S. Immi22 gration and Customs Enforcement shall jointly submit to 

23 the Comptroller General of the United States, the Commit24 tees on Homeland Security and Judiciary of the House of 

25 Representatives, and the Committees on Homeland Security 


pamtmann on DSKBFK8HB2PROD with BILLS
47 

•HR 2203 RH

1 and Governmental Affairs and Judiciary of the Senate a 

2 report on migrant deaths that occurred in the preceding 

3 year along the United States-Mexico border, including in4 formation on the following: 

5 (1) The total number of documented migrant 

6 deaths within the preceding year of the report. 

7 (2) A geographical breakdown of where such mi8 grant deaths occur. 

9 (3) To the extent possible, the cause of death for 

10 each migrant. 

11 (4) A detailed description of U.S. Customs and 

12 Border Protection and U.S. Immigration and Cus13 toms Enforcement programs or plans to reduce the 

14 number of migrant deaths along the border, including 

15 an assessment on the effectiveness of water supply 

16 sites and rescue beacons. 

17 (5) Criteria and methodology for collecting such 

18 data within each sector. 

19 (c) GAO REPORT ON MIGRANT DEATHS.—Not later 

20 than one year after the submission of the first report re21 quired under subsection (a), the Comptroller General of the 

22 United States shall publish a review on the extent to which 

23 U.S. Customs and Border Protection and U.S. Immigration 

24 and Customs Enforcement have— 


pamtmann on DSKBFK8HB2PROD with BILLS
48 

•HR 2203 RH

1 (1) adopted measures, such as programs or 

2 plans, to reduce migrants deaths; 

3 (2) the effectiveness of its efforts to reduce mi4 grant deaths; and 

5 (3) collected data and information sharing as 

6 well as cooperation between U.S. Customs and Border 

7 Protection, U.S. Immigration and Customs Enforce8 ment, local and State law enforcement, foreign diplo9 matic and consular posts, and nongovernmental orga10 nizations to accurately identify deceased individuals 

11 and notify family members and compare information 

12 to missing persons registries. 

13 SEC. 303. REVIEW OF THE USE OF FORCE. 

14 Not later than one year after the date of the enactment 

15 of this Act, the Comptroller General of the United States 

16 shall examine the extent to which U.S. Customs and Border 

17 Protection and U.S. Immigration and Customs Enforce18 ment have trained their workforces regarding use of force 

19 policies, including the following (and any recommendations 

20 related to the following): 

21 (1) Implementation of new training to improve 

22 use of force policies, including how the use of force 

23 policy conforms to Department of Homeland Security 

24 and Federal law enforcement best practices. 


pamtmann on DSKBFK8HB2PROD with BILLS
49 

•HR 2203 RH

1 (2) Identified additional or alternative weapons 

2 and equipment to improve agents’ and officers’ abili3 ties to de-escalate confrontations, including protective 

4 gear. 

5 (3) Established metrics to track the effectiveness 

6 of use of force training and to ensure the reporting 

7 of all incidents of use of force to determine whether 

8 such force was justified. 

9 SEC. 304. ACCOUNTABILITY AND TRANSPARENCY WITHIN 

10 THE BORDER ZONE. 

11 (a) DEFINITIONS.—In this section: 

12 (1) BORDER SECURITY.—The term ‘‘border secu13 rity’’ means the prevention of unlawful entries into 

14 the United States, including entries by individuals, 

15 instruments of terrorism, narcotics, and other contra16 band. 

17 (2) BORDER ZONE.—The term ‘‘border zone’’ 

18 means the 100-mile of land from a United States 

19 international land and coastal border into the inte20 rior of the United States, as established by Federal 

21 regulation in 1953. 

22 (3) CHECKPOINT.—The term ‘‘checkpoint’’ means 

23 a location— 

24 (A) at which vehicles or individuals trav25 eling through the location are stopped by a law 


pamtmann on DSKBFK8HB2PROD with BILLS
50 

•HR 2203 RH

1 enforcement official for the purposes of enforce2 ment of United States laws and regulations; and 

3 (B) that is not located at a port of entry 

4 along an international border of the United 

5 States. 

6 (4) LAW ENFORCEMENT OFFICIAL.—The term 

7 ‘‘law enforcement official’’ means— 

8 (A) an agent or officer of U.S. Customs and 

9 Border Protection; 

10 (B) an agent or officer of U.S. Immigration 

11 and Customs Enforcement; or 

12 (C) an officer or employee of a State, or a 

13 political subdivision of a State, who is carrying 

14 out the functions of an immigration officer pur15 suant to— 

16 (i) an agreement entered into under 

17 section 287(g) of the Immigration and Na18 tionality Act (8 U.S.C. 1357(g)); 

19 (ii) authorization under title IV of the 

20 Tariff Act of 1930 (19 U.S.C. 1401 et seq.); 

21 or 

22 (iii) any other agreement with the De23 partment of Homeland Security, including 

24 any Federal grant program. 


pamtmann on DSKBFK8HB2PROD with BILLS
51 

•HR 2203 RH

1 (5) PATROL STOP.—The term ‘‘patrol stop’’ 

2 means search, seizure, or interrogation of a motorist, 

3 passenger, or pedestrian initiated anywhere except as 

4 part of an inspection at a port of entry or a primary 

5 inspection at a checkpoint. 

6 (6) PRIMARY INSPECTION.—The term ‘‘primary 

7 inspection’’ means an initial inspection of a vehicle 

8 or individual at a checkpoint. 

9 (7) SECONDARY INSPECTION.—The term ‘‘sec10 ondary inspection’’ means a further inspection of a 

11 vehicle or individual that is conducted following a 

12 primary inspection. 

13 (b) DATA COLLECTION BY LAW ENFORCEMENT OFFI14 CIALS FOR BORDER SECURITY AND IMMIGRATION EN15 FORCEMENT ACTIVITIES WITHIN THE BORDER ZONE.— 

16 (1) DATA COLLECTION REGARDING STOPS AND

17 SEARCHES AND ACTIVITY AT INTERIOR CHECK18 POINTS.—A law enforcement official who initiates a 

19 patrol stop or who detains any individual beyond a 

20 brief and limited inquiry, such as a primary inspec21 tion at a checkpoint, shall record the following: 

22 (A) The date, time, and location of the con23 tact. 

24 (B) The law enforcement official’s basis for, 

25 or circumstances surrounding, the contact, inVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
52 

•HR 2203 RH

1 cluding if such individual’s perceived race or 

2 ethnicity contributed to the basis for, and cir3 cumstances surrounding, the contact. 

4 (C) The identifying characteristics of such 

5 individual, including the individual’s perceived 

6 race, gender, ethnicity, and approximate age. 

7 (D) The duration of the stop, detention, or 

8 search, whether consent was requested and ob9 tained for the contact, including any search. 

10 (E) A description of any articulable facts 

11 and behavior by the individual that justify initi12 ating the contact or probable cause to justify any 

13 search pursuant to such contact. 

14 (F) A description of any items seized dur15 ing such search, including contraband or money, 

16 and a specification of the type of search con17 ducted. 

18 (G) Whether any arrest, detention, warning, 

19 or citation resulted from such contact and the 

20 basis for such action. 

21 (H) The immigration status of the indi22 vidual, if obtained during the ordinary course of 

23 the contact without additional questioning in ac24 cordance with this section, and whether removal 


pamtmann on DSKBFK8HB2PROD with BILLS
53 

•HR 2203 RH

1 proceedings were subsequently initiated against 

2 the individual. 

3 (I) If the contact involved an individual 

4 whose primary language of communication is 

5 not English, the means of communication used. 

6 (J) If the contact occurred at a location 

7 proximate to a place of worship or religious cere8 mony, school or education-related place or event, 

9 courthouse or other civic building providing serv10 ices accessible to the public, hospital, medical 

11 treatment, or health care facility, at a public 

12 demonstration, or an attorney’s office, including 

13 a public defender or legal aid office. 

14 (K) If the contact occurred at a location de15 scribed in subparagraph (J), why that location 

16 was chosen and any supervisory approval that 

17 was sought to carry out the contact at the loca18 tion. 

19 (2) GAO AUDIT.—Not later than one year after 

20 the enactment of this Act, the Comptroller General of 

21 the United States shall conduct an audit of the data 

22 compiled under paragraph (1) to determine whether 

23 law enforcement officials are complying with data 

24 collection requirements and submit to Congress a reVerDate Sep 11 2014 20:52 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H2203.RH H2203

pamtmann on DSKBFK8HB2PROD with BILLS
54 

•HR 2203 RH

1 port that contains a summary of the findings of such 

2 audit. 

3 (3) OPEN GAO RECOMMENDATIONS.—Not later 

4 than 180 days after the date of enactment of this Act, 

5 the Commissioner of U.S. Customs and Border Pro6 tection shall submit to the Committee on Homeland 

7 Security and the Committee on Homeland Security 

8 and Governmental Affairs of the Senate a plan to ad9 dress any open recommendations made by the Comp10 troller General on checkpoint performance and the 

11 impact of checkpoint operations on nearby commu12 nities. Within 180 days after the submission of the re13 port to the Committees, the Comptroller General shall 

14 issue a report to the committees evaluating the Com15 missioner’s plan to address the open recommenda16 tions. 

17 (c) ANNUAL REPORT.— 

18 (1) REQUIREMENT.—Not later than one year 

19 after the date of the enactment of this Act and annu20 ally thereafter, the Secretary of Homeland Security 

21 shall submit to Congress a report on the data com22 piled under subsection (b)(1), including all such data 

23 for the previous year. 

24 (2) AVAILABILITY.—Each report submitted under 

25 paragraph (1) shall be made available to the public, 


pamtmann on DSKBFK8HB2PROD with BILLS
55 

•HR 2203 RH

1 except for particular data if the Secretary of Home2 land Security— 

3 (A) explicitly invokes an exemption con4 tained in paragraphs (1) through (9) of section 

5 552(b) of title 5, United States Code; and 

6 (B) provides a written explanation for the 

7 exemption’s applicability. 

8 (3) PRIVACY.—The Secretary of Homeland Secu9 rity may not report unique personal identifying in10 formation of persons stopped, searched, or subjected to 

11 a property seizure, for purposes of this section. 

12 (4) PUBLICATION.—The data compiled under 

13 subsection (b) shall be made available to the public to 

14 the extent the release of such data is permissible 

15 under Federal law. 

16 SEC. 305. AUDIT AND INSPECTIONS OF DETENTION FACILI17 TIES. 

18 (a) OIG AND GAO.—The Inspector General of the De19 partment of Homeland Security and the Comptroller Gen20 eral shall carry out regular audits and inspections, includ21 ing unannounced audits and inspections, of processes (in22 cluding recordkeeping) utilized by U.S. Customs and Bor23 der Protection to conduct intake and process individuals 

24 apprehended by U.S. Customs and Border Protection, as 

25 well as any facility operated by or for the Department of 


pamtmann on DSKBFK8HB2PROD with BILLS
56 

•HR 2203 RH

1 Homeland Security used to detain or otherwise house indi2 viduals in custody of the Department of Homeland Secu3 rity. The Inspector General and Comptroller General shall, 

4 to the extent possible, share information and coordinate to 

5 ensure that Congress is provided timely audit and inspec6 tion information. 

7 (b) CONGRESSIONAL ACCESS.— 

8 (1) IN GENERAL.—The Commissioner of U.S. 

9 Customs and Border Protection may not— 

10 (A) prevent a Member of Congress or an 

11 employee of the United States House of Rep12 resentatives or the United States Senate des13 ignated by such a Member for the purposes of 

14 this section from entering, for the purpose of con15 ducting oversight, any such facility: and 

16 (B) make any temporary modification at 

17 any such facility that in any way alters what is 

18 observed by a visiting member of Congress or 

19 such designated employee, compared to what 

20 would be observed in the absence of such modi21 fication. 

22 (2) RULE OF CONSTRUCTION.—Nothing in this 

23 subsection may be construed to require a Member of 

24 Congress to provide prior notice of the intent to enter 

25 such facility for the purpose of conducting oversight. 


pamtmann on DSKBFK8HB2PROD with BILLS
57 

•HR 2203 RH

1 (3) REQUIREMENT.—With respect to individuals 

2 described in paragraph (1), the Department of Home3 land Security may require that a request be made at 

4 least 24 hours in advance of an intent to enter a fa5 cility. 

6 (c) PHOTOGRAPHS.—The Inspector General of the De7 partment of Homeland Security, Comptroller General, a 

8 Member of Congress, or an employee of the United States 

9 House of Representatives or United States Senate shall be 

10 authorized to take photographs or video or audio recordings 

11 of conditions in a facility but may not publish photographs 

12 or video or audio recordings with personally identifiable in13 formation without permission. 


pamtmann on DSKBFK8HB2PROD with BILLS
Union Calendar No. 122 

116TH CONGRESS 

1ST SESSION H. R. 2203 

[Report No. 116–163, Part I] 

A BILL 

To increase transparency, accountability, and comCustoms Enforcement, and for other purposes. Border Protection and U.S. Immigration and ing for agents and officers of U.S. Customs and sight of border security activities, improve train- Homeland Security, provide independent over- munity engagement within the Department of 

JULY 19, 2019 

Reported from the Committee on Homeland Security 

with an amendment 

JULY 19, 2019 

The Committees on the Judiciary and Ways and Means 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


pamtmann on DSKBFK8HB2PROD with BILLS