IIB 
116TH CONGRESS 
1ST SESSION H. R. 3239 
IN THE SENATE OF THE UNITED STATES 
JULY 25, 2019 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To require U.S. Customs and Border Protection to perform 
an initial health screening on detainees, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Humanitarian Standards for Individuals in Customs and 
Border Protection Custody Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Initial health screening protocol. 
Sec. 3. Water, sanitation and hygiene. 
Sec. 4. Food and nutrition. 
Sec. 5. Shelter. 
Sec. 6. Coordination and Surge capacity. 
Sec. 7. Training. 
Sec. 8. Interfacility transfer of care. 
Sec. 9. Planning and initial implementation. 
Sec. 10. Contractor compliance. 
Sec. 11. Inspections. 
Sec. 12. GAO report. 
Sec. 13. Rules of construction. 
Sec. 14. Definitions. 
Sec. 15. Sense of Congress. 
SEC. 2. INITIAL HEALTH SCREENING PROTOCOL. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection (referred to in this Act as 
the ‘‘Commissioner’’), in consultation with the Secretary 
of Health and Human Services, the Administrator of the 
Health Resources and Services Administration, and non-
governmental experts in the delivery of health care in hu-
manitarian crises and in the delivery of health care to chil-
dren, shall develop guidelines and protocols for the provi-
sion of health screenings and appropriate medical care for 
individuals in the custody of U.S. Customs and Border 
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Protection (referred to in this Act as ‘‘CBP’’), as required 
under this section. 
(b) INITIAL SCREENING
AND MEDICAL ASSESS-
MENT.—The Commissioner shall ensure that any indi-
vidual who is detained in the custody of CBP (referred 
to in this Act as a ‘‘detainee’’) receives an initial in-person 
screening by a licensed medical professional in accordance 
with the standards described in subsection (c)— 
(1) to assess and identify any illness, condition, 
or age-appropriate mental or physical symptoms that 
may have resulted from distressing or traumatic ex-
periences; 
(2) to identify acute conditions and high-risk 
vulnerabilities; and 
(3) to ensure that appropriate healthcare is 
provided to individuals as needed, including pedi-
atric, obstetric, and geriatric care. 
(c) STANDARDIZATION OF INITIAL SCREENING AND 
MEDICAL ASSESSMENT.— 
(1) IN
GENERAL.—The initial screening and 
medical assessment shall include— 
(A) an interview and the use of a stand-
ardized medical intake questionnaire or the 
equivalent; 
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(B) screening of vital signs, including pulse 
rate, body temperature, blood pressure, oxygen 
saturation, and respiration rate; 
(C) screening for blood glucose for known 
or suspected diabetics; 
(D) weight assessment of detainees under 
12 years of age; 
(E) a physical examination; and 
(F) a risk-assessment and the development 
of a plan for monitoring and care, when appro-
priate. 
(2) PRESCRIPTION MEDICATION.—The medical 
professional shall review any prescribed medication 
that is in the detainee’s possession or that was con-
fiscated by CBP upon arrival and determine if the 
medication may be kept by the detainee for use dur-
ing detention, properly stored by CBP with appro-
priate access for use during detention, or maintained 
with the detained individual’s personal property. A 
detainee may not be denied the use of necessary and 
appropriate medication for the management of the 
detainee’s illness. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed as requiring detainees 
to disclose their medical status or history. 
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(d) TIMING.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the initial screening and medical assess-
ment described in subsections (b) and (c) shall take 
place as soon as practicable, but not later than 12 
hours after a detainee’s arrival at a CBP facility. 
(2) HIGH PRIORITY INDIVIDUALS.—The initial 
screening and medical assessment described in sub-
sections (b) and (c) shall take place as soon as prac-
ticable, but not later than 6 hours after a detainee’s 
arrival at a CBP facility if the individual reasonably 
self-identifies as having a medical condition that re-
quires prompt medical attention or is— 
(A) exhibiting signs of acute or potentially 
severe physical or mental illness, or otherwise 
has an acute or chronic physical or mental dis-
ability or illness; 
(B) pregnant; 
(C) a child (with priority given, as appro-
priate, to the youngest children); or 
(D) elderly. 
(e) FURTHER CARE.— 
(1) IN GENERAL.—If, as a result of the initial 
health screening and medical assessment, the li-
censed medical professional conducting the screening 
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