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 Cus-
toms 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 de-
termined 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 COLE-
MAN, 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 or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 10, 2019] 
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A BILL 
To increase transparency, accountability, and community en-
gagement within the Department of Homeland Security, 
provide independent oversight of border security activi-
ties, improve training for agents and officers of U.S. 
Customs and Border Protection and U.S. Immigration 
and Customs Enforcement, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Homeland Security Improvement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—NATIONAL COMMISSION TO INVESTIGATE THE TREAT-
MENT 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 Immigra-
tion 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 post- 
delivery. 
TITLE III—OVERSIGHT 
Sec. 301. GAO report on the extent of CBP activities, operations, and claimed 
authority. 
Sec. 302. Migrant deaths reporting. 
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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. 
TITLE 
I—NATIONAL 
COMMIS-
SION TO INVESTIGATE THE 
TREATMENT 
OF 
THE 
MI-
GRANT FAMILIES AND CHIL-
DREN BY THE TRUMP ADMIN-
ISTRATION 
SEC. 101. ESTABLISHMENT OF COMMISSION. 
There is established in the legislative branch the Na-
tional Commission to Investigate the Treatment of Migrant 
Families and Children By the Trump Administration (in 
this Act referred to as the ‘‘Commission’’). 
SEC. 102. PURPOSES. 
The purposes of the Commission are to— 
(1) examine the handling of migrant families 
and children apprehended along the United States- 
Mexico border by U.S. Customs and Border Protec-
tion since January 2017; 
(2) ascertain, evaluate, and report on the evi-
dence developed by all relevant governmental agencies 
regarding the facts and circumstances surrounding 
the handling by the Departments of Homeland Secu-
rity and Health and Human Services of migrant 
families and children who were apprehended at the 
southern border since January 2017; 
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(3) build upon the investigations of other enti-
ties, and avoid unnecessary duplication, by reviewing 
the findings, conclusions, and recommendations of— 
(A) Department of Homeland Security Of-
fice of Inspector General; 
(B) Department of Health and Human 
Services Office of Inspector General; and 
(C) other executive branch, congressional, or 
independent investigations into the treatment of 
and detention conditions for migrant families 
and children apprehended at the southern border 
by the Department of Homeland Security since 
January 2017; 
(4) make a full and complete accounting of the 
handling of the migrant families and children appre-
hended at the southern border since January 2017; 
and 
(5) investigate and report to the President and 
Congress on its findings, conclusions, and rec-
ommendations for corrective measures. 
SEC. 103. COMPOSITION OF THE COMMISSION; QUALIFICA-
TIONS. 
(a) MEMBERS.—The Commission shall be composed of 
10 members, of whom— 
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(1) one member shall be appointed by the leader 
of the Democratic Party (majority or minority leader, 
as the case may be) in the House of Representatives, 
with the concurrence of the leader of the Democratic 
party (majority or minority leader as the case may 
be) in the Senate, who shall serve as chairman of the 
Commission; 
(2) two members shall be appointed by the senior 
member of the leadership of the Democratic party in 
Senate; 
(3) three members shall be appointed by the sen-
ior member of the leadership of the Republican party 
in the Senate; 
(4) three members shall be appointed by the sen-
ior member of the leadership of the Democratic party 
in the House of Representatives; and 
(5) one member shall be appointed by the senior 
member of the leadership of the Republican party in 
of the House of Representatives. 
(b) QUALIFICATIONS.—Each individual appointed to 
the Commission shall have expertise and experience in at 
least one of the following areas: 
(1) Immigration law, particularly experience 
representing asylees. 
(2) Public health. 
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(3) Child welfare. 
(4) Civil rights. 
(5) As a representative of a humanitarian orga-
nization that gives assistance to individuals crossing 
the southern border. 
(6) As a local official from a border community 
on the southern border of the United States. 
SEC. 104. FUNCTIONS OF COMMISSION. 
The functions of the Commission are to— 
(1) investigate the relevant facts and cir-
cumstances related to the handling by the Depart-
ments of Homeland Security and Health and Human 
Services of the migrant families and children appre-
hended at the southern border since January 2017, 
including any relevant legislation, Executive order, 
regulation, plan, policy, practice, or procedure; 
(2) identify, review, and evaluate the lessons 
learned from the handling by the Departments of 
Homeland Security and Health and Human Services 
of the migrant families and children apprehended at 
the southern border since January 2017, regarding 
the structure, coordination, management policies, and 
procedures of the Federal Government, and, if appro-
priate, State and local governments and nongovern-
mental entities, relative to providing timely, effective 
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and humane treatment of migrant families and unac-
companied alien children seeking asylum in the 
United States; and 
(3) submit to the President and Congress such 
reports as are required by this title containing such 
findings, conclusions, and recommendations as the 
Commission shall determine, including proposing or-
ganization, coordination, planning, management ar-
rangements, procedures, rules, and regulations. 
SEC. 105. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commission 
or, on the authority of the Commission, any sub-
committee or member thereof, may, for the purpose of 
carrying out this title— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths; and 
(B) subject to paragraph (2)(A), require, by 
subpoena or otherwise, the attendance and testi-
mony of such witnesses and the production of 
such books, records, correspondence, memoranda, 
papers, and documents, as the Commission or 
such designated subcommittee or designated 
member may determine advisable. 
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(2) SUBPOENAS.— 
(A) ISSUANCE.— 
(i) IN GENERAL.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the chair-
man and the vice chairman; or 
(II) by the affirmative vote of 6 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause (i), 
subpoenas issued under this subsection may 
be issued under the signature of the chair-
man or any member designated by a major-
ity of the Commission, and may be served 
by any person designated by the chairman 
or by a member designated by a majority of 
the Commission. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued 
under subsection (a), the United States dis-
trict court for the judicial district in which 
the subpoenaed person resides, is served, or 
may be found, or where the subpoena is re-
turnable, may issue an order requiring such 
person to appear at any designated place to 
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testify or to produce documentary or other 
evidence. Any failure to obey the order of 
the court may be punished by the court as 
a contempt of that court. 
(ii) ADDITIONAL
ENFORCEMENT.—In 
the case of any failure of any witness to 
comply with any subpoena or to testify 
when summoned under authority of this sec-
tion, the Commission may, by majority 
vote, certify a statement of fact constituting 
such failure to the appropriate United 
States attorney, who may bring the matter 
before the grand jury for its action, under 
the same statutory authority and procedures 
as if the United States attorney had re-
ceived a certification under sections 102 
through 104 of the Revised Statutes of the 
United States (2 U.S.C. 192 through 194). 
(b) CONTRACTING.—The Commission may, to such ex-
tent and in such amounts as are provided in appropriation 
Acts, enter into contracts to enable the Commission to dis-
charge its duties under this title. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is authorized 
to secure directly from any executive department, bu-
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reau, agency, board, commission, office, independent 
establishment, or instrumentality of the Government, 
information, suggestions, estimates, and statistics for 
the purposes of this title. Each department, bureau, 
agency, board, commission, office, independent estab-
lishment, or instrumentality shall, to the extent au-
thorized by law, furnish such information, sugges-
tions, estimates, and statistics directly to the Commis-
sion, upon request made by the chairman, the chair-
man of any subcommittee created by a majority of the 
Commission, or any member designated by a major-
ity of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND
DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of the 
Commission and its staff consistent with all applica-
ble statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL SERVICES ADMINISTRATION.—The 
Administrator of General Services shall provide to the 
Commission on a reimbursable basis administrative 
support and other services for the performance of the 
Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
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(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
SEC. 106. PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSION OF REPORTS. 
(a) PUBLIC MEETINGS
AND RELEASE
OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall— 
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports required 
under section 110(a) and (b). 
(b) PUBLIC HEARINGS.—Any public hearings of the 
Commission shall be conducted in a manner consistent with 
the protection of information provided to or developed for 
or by the Commission as required by any applicable statute, 
regulation, or Executive order. 
SEC. 107. STAFF OF COMMISSION. 
(a) IN GENERAL.— 
(1) APPOINTMENT
AND
COMPENSATION.—The 
chairman, in consultation with vice chairman, in ac-
cordance with rules agreed upon by the Commission, 
may appoint and fix the compensation of a staff di-
rector and such other personnel as may be necessary 
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to enable the Commission to carry out its functions, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this 
subsection may exceed the equivalent of that payable 
for a position at level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN
GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 2105 
of title 5, United States Code, for purposes of 
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 
that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(b) DETAILEES.—Any Federal Government employee 
may be detailed to the Commission without reimbursement 
from the Commission, and such detailee shall retain the 
rights, status, and privileges of his or her regular employ-
ment without interruption. 
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(c) CONSULTANT SERVICES.—The Commission is au-
thorized to procure the services of experts and consultants 
in accordance with section 3109 of title 5, United States 
Code, but at rates not to exceed the daily rate paid a person 
occupying a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code. 
SEC. 108. COMPENSATION AND TRAVEL EXPENSES. 
Each member of the Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, 
for each day during which that member is engaged in the 
actual performance of the duties of the Commission. 
SEC. 109. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments shall 
cooperate with the Commission in expeditiously providing 
to the Commission members and staff appropriate security 
clearances to the extent possible pursuant to existing proce-
dures and requirements, except that no person shall be pro-
vided with access to classified information under this title 
without the appropriate security clearances. 
SEC. 110. REPORTS OF COMMISSION; TERMINATION. 
(a) INTERIM REPORTS.—The Commission may submit 
to the President and Congress interim reports containing 
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such findings, conclusions, and recommendations for correc-
tive measures as have been agreed to by a majority of Com-
mission members. 
(b) REPORT.—Not later than 18 months after the date 
of the enactment of this Act, the Commission shall submit 
to the President and Congress a final report containing 
such findings, conclusions, and recommendations for correc-
tive measures as have been agreed to by a majority of Com-
mission members. 
(c) TERMINATION.— 
(1) IN GENERAL.—The Commission, and all the 
authorities of this title, shall terminate 60 days after 
the date on which the final report is submitted under 
subsection (b). 
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 60-day period 
referred to in paragraph (1) for the purpose of con-
cluding its activities, including providing testimony 
to committees of Congress concerning its reports and 
disseminating the final report. 
SEC. 111. FUNDING. 
(a) IN GENERAL.—There is authorized $3,000,000 for 
purposes of carrying out the activities of the Commission 
under this title. 
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(b) DURATION
OF AVAILABILITY.—Amounts made 
available to the Commission under subsection (a) shall re-
main available until the termination of the Commission. 
TITLE II—OMBUDSMAN, BORDER 
COMMUNITY 
LIAISONS, 
TRAINING AND MANAGEMENT 
SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE OM-
BUDSMAN FOR BORDER AND IMMIGRATION 
RELATED CONCERNS. 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 437. ESTABLISHMENT OF THE OFFICE OF OMBUDS-
MAN FOR BORDER AND IMMIGRATION RE-
LATED CONCERNS. 
‘‘(a) IN GENERAL.—The Secretary shall appoint an 
Ombudsman for Border and Immigration Related Concerns 
(hereinafter referred to as the ‘Ombudsman’), who shall— 
‘‘(1) be independent of Department agencies and 
officers; 
‘‘(2) report directly to the Secretary; and 
‘‘(3) have a background in immigration, civil 
rights, and law enforcement. 
‘‘(b) FUNCTIONS.—The functions of the Ombudsman 
shall be to— 
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‘‘(1) establish an independent, neutral, and con-
fidential process to receive, investigate, resolve, and 
provide redress, including referral for investigation to 
the Office of the Inspector General, referral to the Of-
fice of Civil Rights and Civil Liberties to investigate 
complaints and information indicating possible 
abuses of civil rights or civil liberties, referral to U.S. 
Citizenship and Immigration Services for immigra-
tion relief, or any other action determined appro-
priate, in cases in which Department employees, or 
subcontracted or cooperating entity personnel, are al-
leged to have engaged in misconduct or violated the 
rights of individuals, associations, or employers; 
‘‘(2) establish an accessible and standardized 
complaint process regarding complaints against any 
employee of U.S. Customs and Border Protection or 
U.S. Immigration and Customs Enforcement, or any 
subcontracted or cooperating entity personnel, for vio-
lations of law or violations of standards of profes-
sional conduct pertaining to interaction with a 
United States citizen or non-United States citizen in 
the course of carrying out any duty under law; and 
‘‘(3) identify and thereafter review, examine, and 
make recommendations to the Secretary or designee to 
address chronic concerns in border security and en-
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‘‘(B) COMPOSITION.—The membership of 
the Advisory Committee shall consist of a border 
community stakeholder from each of the nine 
U.S. Border Patrol sectors and three individuals 
with significant expertise and experience in im-
migration law, civil rights, and civil liberties, 
particularly as relates to interests of residents of 
border communities. 
‘‘(2) TERM OF OFFICE.— 
‘‘(A) TERMS.—The term of each member of 
the Advisory Committee shall be two years. A 
member of the Advisory Committee may be re-
appointed. 
‘‘(B) REMOVAL.—The Secretary may review 
the participation of a member of the Advisory 
Committee and remove such member for cause at 
any time. 
‘‘(3) PROHIBITION
ON
COMPENSATION.—The 
members of the Advisory Committee shall not receive 
pay, allowances, or benefits from the Government by 
reason of their service on the Advisory Committee. 
‘‘(4) MEETINGS.— 
‘‘(A) IN GENERAL.—The Secretary shall re-
quire the Advisory Committee to meet at least 
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