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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

----------------------------------------------------------------------------------------------------------------
                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. 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

----------------------------------------------------------------------------------------------------------------
                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. 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.''.

                                  [all]