House Report 116-217 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2203) TO INCREASETRANSPARENCY, ACCOUNTABILITY, AND COMMUNITY ENGAGEMENTWITHIN THE DEPARTMENT OF HOMELAND SECURITY, PROVIDE INDEPENDENT OVERSIGHT OF BORDER SECURITY ACTIVITIES, IMPROVETRAINING FOR AGENTS AND OFFICERS OF U.S. CUSTOMS AND BORDERPROTECTION AND U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT,AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THEBILL (H.R. 3525) TO AMEND THE HOMELAND SECURITY ACT OF 2002 TODIRECT THE COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTECTION TO ESTABLISH UNIFORM PROCESSES FOR MEDICAL SCREENINGOF INDIVIDUALS INTERDICTED BETWEEN PORTS OF ENTRY, AND FOROTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 576) EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES WITH RESPECT TO THE WHISTLEBLOWER COMPLAINTOFAUGUST 12, 2019, MADE TO THE INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY; AND FOR OTHER PURPOSES

[House Report 116-217]
[From the U.S. Government Publishing Office]

116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-217

======================================================================

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2203) 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; PROVIDING FOR CONSIDERATION OF THE
BILL (H.R. 3525) TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO DIRECT
THE COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTECTION TO ESTABLISH
UNIFORM PROCESSES FOR MEDICAL SCREENING OF INDIVIDUALS INTERDICTED
BETWEEN PORTS OF ENTRY, AND FOR OTHER PURPOSES; PROVIDING FOR
CONSIDERATION OF THE RESOLUTION (H. RES. 576) EXPRESSING THE SENSE OF
THE HOUSE OF REPRESENTATIVES WITH RESPECT TO THE WHISTLEBLOWER
COMPLAINT OF AUGUST 12, 2019, MADE TO THE INSPECTOR GENERAL OF THE
INTELLIGENCE COMMUNITY; AND FOR OTHER PURPOSES

_______

September 24, 2019.--Referred to the House Calendar and ordered to be
printed

_______

Ms. Scanlon, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 577]

The Committee on Rules, having had under consideration
House Resolution 577, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2203, the
Homeland Security Improvement Act, under a closed rule. The
resolution provides one hour of debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Homeland Security. The resolution waives all
points of order against consideration of the bill. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 116-
27, modified by the amendment printed in this report, shall be
considered as adopted and the bill, as amended, shall be
considered as read. The resolution waives all points of order
against provisions in the bill, as amended. The resolution
provides one motion to recommit with or without instructions.
The resolution provides for consideration of H.R. 3525, the
U.S. Border Patrol Medical Screening Standards Act, under a
closed rule. The resolution provides one hour of debate equally
divided and controlled by the chair and ranking minority member
of the Committee on Homeland Security. The resolution waives
all points of order against consideration of the bill. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 116-
33 shall be considered as adopted and the bill, as amended,
shall be considered as read. The resolution waives all points
of order against provisions in the bill, as amended. The
resolution provides one motion to recommit with or without
instructions. The resolution further provides for consideration
of H. Res. 576, Expressing the sense of the House of
Representatives with respect to the whistleblower complaint of
August 12, 2019, made to the Inspector General of the
Intelligence Community, under a closed rule. The resolution
provides one hour of debate equally divided and controlled by
the chair and ranking minority member of the Permanent Select
Committee on Intelligence. The resolution provides that H. Res.
576 shall be considered as read. The resolution provides that
it shall be in order at any time on the legislative day of
September 26, 2019, for the Speaker to entertain motions that
the House suspend the rules and that the Speaker or her
designee shall consult with the Minority Leader or his designee
on the designation of any matter for consideration pursuant to
this section. Section 5 of the resolution provides that on any
legislative day during the period from September 30, 2019,
through October 14, 2019: the Journal of the proceedings of the
previous day shall be considered as approved; and the Chair may
at any time declare the House adjourned to meet at a date and
time to be announced by the Chair in declaring the adjournment.
The resolution provides that the Speaker may appoint Members to
perform the duties of the Chair for the duration of the period
addressed by section 5. The resolution provides that each day
during the period addressed by section 5 shall not constitute a
calendar day for the purposes of section 7 of the War Powers
Resolution (50 U.S.C. 1546). The resolution provides that each
day during the period addressed by section 5 shall not
constitute a legislative day for purposes of clause 7 of rule
XIII (resolutions of inquiry). Provides that each day during
the period addressed by section 5 shall not constitute a
calendar or legislative day for the purposes of clause 7(c)(1)
of rule XXII (motions to instruct conferees). The resolution
provides that each day during the period addressed by section 5
shall not constitute a legislative day for the purposes of
clause 7 of rule XV (Consensus Calendar).

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
H.R. 2203 includes waivers of the following:
Sec. 103(i) of H. Res. 6, which prohibits consideration of
a reported bill unless the committee report designates a
hearing used to develop or consider the bill. This waiver is
technical in nature--while the report of the Committee on
Homeland Security lists four related hearings, it does not
specifically designate any as a hearing used to develop or
consider the bill.
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable electronic
comparative print that shows how the bill proposes to change
current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable electronic
comparative print that shows how the text of the bill as
proposed to be considered differs from the text of the bill as
reported.
Although the rule waives all points of order against
provisions in H.R. 2203, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 3525 includes waivers of the following:
Clause 3(c)(5) of rule XIII, which requires
committee reports on bills that establish or reauthorize
Federal programs to indicate whether any such program is known
to be duplicative of another such program.
Clause 3(d) of rule XIII, which requires the
inclusion of a committee cost estimate in the committee report.
Although the resolution waives all points of order against
provisions in H.R. 3525, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
consideration of H. Res. 576, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.

COMMITTEE VOTES

The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:

Rules Committee record vote No. 170

Motion by Mr. Woodall to report an open rule for H.R. 2203
and H.R. 3525. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... ............
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... ............ Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 171

Motion by Mr. Woodall to strike section 3 of the rule
relating to H. Res. 576. Defeated: 3-8

Rules Committee record vote No. 172

Motion by Mrs. Lesko to amend the rule to H.R. 2203 to make
in order and provide the necessary waivers for amendment #19,
offered by Rep. Lesko (AZ), which states the Act shall not take
effect unless and until the Secretary of Health and Human
Services certifies that the homeless population of large cities
in the United States is at or below the national average.
Defeated: 3-8

Rules Committee record vote No. 173

Motion by Ms. Scanlon to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Yea Mr. Cole.......................... ............
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... ............ Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT TO H.R. 2203 CONSIDERED AS ADOPTED

1. Thompson, Bennie (MS): Substitute amendment. Establishes
an independent Ombudsman for border and immigration related
concerns within DHS.

TEXT OF AMENDMENT TO H.R. 2203 CONSIDERED AS ADOPTED

Strike section 1 and all that follows and insert the
following:

SECTION 1. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND
IMMIGRATION ENFORCEMENT RELATED CONCERNS.

(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:

``SEC. 711. OMBUDSMAN FOR BORDER AND IMMIGRATION ENFORCEMENT RELATED
CONCERNS.

``(a) In General.--Within the Department there shall be a
position of Ombudsman for Border and Immigration Enforcement
Related Concerns (in this section 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 law, civil
rights, and law enforcement.
``(b) Functions.--It shall be the function of the Ombudsman
to--
``(1) in coordination with the Inspector General of
the Department, establish an independent, neutral,
accessible, confidential, and standardized process to
assist individuals (including aliens (as such term is
defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)) in resolving
complaints with respect to U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, a
subcontractor, or a cooperating entity, which process
shall include a publicly accessible website through
which a complainant can check on the status of such a
complaint;
``(2) identify and thereafter review, examine, and
make recommendations to the Secretary to address
chronic issues identified by the Ombudsman in carrying
out the function described in paragraph (1);
``(3) establish a Border Oversight Panel in
accordance with subsection (f); and
``(4) review compliance with departmental policies
and standards of care for custody of aliens by U.S.
Immigration and Customs Enforcement and U.S. Customs
and Border Protection, including any violations of
applicable policy or standards of care involving force-
feeding.
``(c) Confidentiality.--The existence of a complaint,
including the identity of any Department employee implicated in
a complaint, shall be kept confidential by the Ombudsman and,
in the absence of the written consent of an individual who
submits a complaint, the Ombudsman shall keep confidential the
identity of and any identifying information relating to such
individual. Such confidentiality requirement may not be
considered as a factor of whether or not information under this
subsection may be disclosed under section 552 of title 5,
United Stated Code (commonly referred to as the Freedom of
Information Act).
``(d) Annual Reporting.--Not later than June 30 of each year
beginning in the year after the date of the enactment of this
section, the Ombudsman shall submit to the Committee on
Homeland Security and the Committee on the Judiciary of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on the Judiciary of
the Senate a report that includes, for the previous year, the
following:
``(1) The number and types of complaints received
under this section and for each complaint--
``(A) the component or subcomponent,
subcontractor, or cooperating entity
identified;
``(B) the demographics of the complainant;
and
``(C) a description of the resolution of the
complaint or the status of the resolution
process.
``(2) Any complaint pattern that could be prevented
or reduced by policy training or practice changes.
``(3) A description of any pattern of violations of
any applicable policy or standards.
``(4) A description of each complaint received under
this section with respect to which U.S. Customs and
Border Protection, U.S. Immigration and Customs
Enforcement, a subcontractor, or a cooperating entity,
as applicable, has taken action to resolve, and the
time between receipt and resolution of each such
complaint.
``(5) A description of complaints received under this
section for which action has not been taken after one
year, and the period during which each complaint has
been open.
``(6) Recommendations the Ombudsman has made under
subsection (b)(2).
``(7) Other information, as determined appropriate by
the Ombudsman .
``(e) Appointment of Border Communities Liaison.--
``(1) In general.--The Ombudsman, in conjunction with
the Office for Civil Rights and Civil Liberties of the
Department, shall appoint a Border Community Liaison
(in this subsection referred to as the `Liaison') in
each U.S. Border Patrol sector on the northern and
southern borders. Each Liaison shall report to the
Ombudsman.
``(2) Purposes.--Each Liaison appointed under this
subsection shall--
``(A) foster cooperation between U.S. Customs
and Border Protection, U.S. Immigration and
Customs Enforcement, and border communities;
``(B) consult with border communities on the
development of policies, directives, and
programs of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement;
``(C) receive feedback from border
communities on the performance of U.S. Customs
and Border Protection and U.S. Immigration and
Customs Enforcement; and
``(D) submit to the Ombudsman an annual
report detailing their findings, feedback
received from border communities, and
recommendations to increase cooperation between
U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, and border
communities.
``(f) Border Oversight Panel.--
``(1) Establishment.--The Ombudsman shall establish a
Border Oversight Panel (in this subsection referred to
as the `Panel').
``(2) Composition.--
``(A) In general.--The Panel shall be
composed of 30 members selected by the
Ombudsman.
``(B) Chairperson.--The Ombudsman shall be
the chair of the Panel.
``(C) Expertise.--Members of the Panel shall
have expertise in immigration, local crime
indices, civil and human rights, community
relations, cross-border trade and commerce,
quality of life indicators, or other experience
the Ombudsman determines is appropriate, and
shall include individuals who reside in or near
border counties.
``(3) Duties.--The Panel shall evaluate and make
recommendations regarding the border enforcement
policies, strategies, and programs of the Department
operating along the northern and southern borders of
the United States to--
``(A) take into consideration the impact of
such policies, strategies, and programs on
border communities, including protecting due
process, civil and human rights of border
residents and visitors, and private property
rights of land owners;
``(B) uphold domestic and international legal
obligations;
``(C) reduce the number of migrant deaths;
and
``(D) improve the safety of agents and
officers of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement.
``(g) Staffing.--The Secretary shall take appropriate action
to ensure the Ombudsman's office is sufficiently staffed and
resourced to carry out its duties effectively and efficiently.
``(h) Training.--
``(1) In general.--The Ombudsman shall conduct a
yearly evaluation of all training given to agents and
officers of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement.
``(2) Contents.--Each evaluation under paragraph (1)
shall include whether the training referred to in such
paragraph adequately addresses the following:
``(A) Best practices in community policing,
cultural awareness, and carrying out
enforcement actions near sensitive locations,
such as places of worship or religious
ceremony, school or education-related places or
events, courthouses or other civic buildings
providing services accessible to the public,
hospitals, medical treatment or health care
facilities, public demonstrations, and
attorney's offices (including a public defender
or legal aid offices).
``(B) Policies for operating in locations
where there are limitations on cooperation by
local law enforcement.
``(C) Interaction with vulnerable
populations, including instruction on
screening, identifying, and responding to
vulnerable populations, such as children,
victims of human trafficking, and the acutely
ill.
``(D) Standards of professional and ethical
conduct, including the following:
``(i) Lawful use of force, de-
escalation tactics, and alternatives to
the use of force.
``(ii) Complying with chain of
command and lawful orders.
``(iii) Conduct and ethical behavior
toward the public in a civil and
professional manner.
``(iv) Civil rights and legal
protections for nationals of the United
States and aliens.
``(v) Non-biased questioning.
``(vi) Sensitivity towards lesbian,
gay, bisexual, transgender, and queer
individuals.
``(vii) Permissible and impermissible
social media activity.
``(viii) Sexual and other harassment
and assault, including an assessment of
whether adequate policies exist to
resolve complaints.
``(E) Protecting the civil, constitutional,
human, and privacy rights of individuals, with
special emphasis on the scope of enforcement
authority, including chain of evidence
practices and document seizure, and use of
force policies available to agents and
officers.
``(F) Maintaining and updated understanding
of Federal legal rulings, court decisions, and
Department policies and procedures.
``(G) The scope of agents' and officers'
authority to conduct immigration enforcement
activities, including interviews,
interrogations, stops, searches, arrests, and
detentions, in addition to identifying and
detecting fraudulent documents.
``(3) Recommendations.--Not later than 90 days after
conducting each evaluation under paragraph (1), the
Ombudsman shall develop, and submit to the Secretary,
recommendations regarding any additional training.
``(4) Feedback.--Not later than 180 days after
receiving recommendations transmitted by the Ombudsman,
the Secretary shall respond publicly and in writing
with feedback on each of the recommendations, an action
plan to implement any of such recommendations with
which the Secretary concurs, and a justification for
why any of such recommendations have been rejected.
``(i) Electronic Tracking.--
``(1) In general.--The Ombudsman, in coordination
with the Commissioner of U.S. Customs and Border
Protection, the Director of U.S. Immigration and
Customs Enforcement, and the Office of Refugee
Resettlement of the Department of Health and Human
Services, shall develop recommendations for the
establishment of an electronic tracking number system
on a single interface, which shall be used to track the
location of a child who has been separated from a
parent, legal guardian, or other relative of such
child, and which shall be accessible to agents and
officers of U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, and the Office of
Refugee Resettlement.
``(2) Tracking number.--The recommendations developed
under this subsection shall consider how a tracking
number can be assigned to a child who has been
separated from a parent, legal guardian, or other
relative of such child that--
``(A) is transferrable;
``(B) may be shared easily on the electronic
tracking system described in this subsection by
agents and officers of--
``(i) U.S. Customs and Border
Protection;
``(ii) U.S. Immigration and Customs
Enforcement; and
``(iii) the Office of Refugee
Resettlement of the Department of
Health and Human Services; and
``(C) is interoperable with the electronic
location records of a parent, legal guardian,
or other relative of such child.
``(j) Body-worn Cameras.--
``(1) Requirement.--Not later than 120 days after the
date of the enactment of this section, the Ombudsman,
in coordination with the Commissioner of U.S. Customs
and Border Protection, the Director of U.S. Immigration
and Customs Enforcement, and labor organizations
representing agents and officers of U.S. Customs and
Border Protection and U.S. Immigration and Customs
Enforcement, shall submit to the Committee on Homeland
Security and the Committee on the Judiciary of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
the Judiciary of the Senate a plan for requiring, not
later than one year after such date of enactment, the
use of body-worn cameras by U.S. Border Patrol agents
and U.S. Immigration and Customs Enforcement officers
whenever such agents and officers are engaged in border
security or immigration enforcement activities.
``(2) Elements.--The plan required under paragraph
(1) shall include the following:
``(A) Benchmarks for implementation of the
use of body-worn cameras within U.S. Customs
and Border Protection and U.S. Immigration and
Customs Enforcement.
``(B) Policies, procedures, and training
modules for the use of body-worn cameras by
agents and officers of U.S. Customs and Border
Protection and U.S. Immigration and Customs
Enforcement, including training modules
relating to the appropriate use of such cameras
and adverse action for non-compliance.
``(C) Mechanisms to ensure compliance with
body-worn camera policies and procedures.
``(3) Considerations.--The plan required under
paragraph (1) shall be informed by--
``(A) existing State and local policies
requiring the use of body-worn cameras; and
``(B) principles regarding body-worn cameras
published by major civil and human rights
organizations.''.
(b) Clerical Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by adding after the
item relating to section 710 the following new item:

``Sec. 711. Ombudsman for Border and Immigration Enforcement Related
Concerns.''.

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