I 

116TH CONGRESS 

1ST SESSION H. R. 3731 

To respond to the Northern Triangle migrant surge at the southern border 

in a strategic and humane manner, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2019 

Mr. THOMPSON of Mississippi (for himself, Miss RICE of New York, Mr. 

KHANNA, Mr. CLEAVER, Mrs. WATSON COLEMAN, Ms. CLARKE of New 

York, Ms. BARRAGA ́N, Ms. UNDERWOOD, Ms. SLOTKIN, Mr. CORREA, 

Mr. RICHMOND, Mr. MCGOVERN, Mrs. DEMINGS, Ms. TITUS, Ms. NORTON, Ms. JACKSON LEE, Mr. LANGEVIN, Mr. PAYNE, and Mr. GREEN

of Texas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland 

Security, Foreign Affairs, Agriculture, 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 

A BILL 

To respond to the Northern Triangle migrant surge at the 

southern border in a strategic and humane manner, and 

for other purposes. 

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


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1 SECTION 1. SHORT TITLE; DEFINITIONS. 

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

3 ‘‘Strategic and Humane Southern Border Migrant Re4 sponse Act’’. 

5 (b) DEFINITIONS.—For the purposes of this Act: 

6 (1) The term ‘‘family member’’ means an indi7 vidual who is— 

8 (A) a parent or legal guardian; 

9 (B) a spouse; 

10 (C) a child; 

11 (D) a step-family member; 

12 (E) an immediate family member, to in13 clude adult siblings; or 

14 (F) an extended family member, to include 

15 aunts, uncles, adult cousins, and grandparents. 

16 (2) The term ‘‘Flores Settlement Agreement’’ 

17 means the stipulated settlement agreement filed on 

18 January 17, 1997, in the United States District 

19 Court for the Central District of California in Flores 

20 v. Reno, CV 85–4544–RJK (commonly known as the 

21 ‘‘Flores settlement agreement’’). 

22 (3) The term ‘‘metering’’ means the U.S. Cus23 toms and Border Protection policy to regulate the 

24 flow of asylum seekers at ports of entry by denying 

25 asylum seekers access to ports of entry. 


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1 (4) The term ‘‘Migrant Protection Protocols’’ 

2 means the protocols announced by the Secretary of 

3 Homeland Security on December 20, 2018, or any 

4 subsequent revisions to those protocols where certain 

5 individuals seeking asylum in the United States are 

6 returned to Mexico and to wait outside of the United 

7 States for the duration of their immigration pro8 ceedings. 

9 (5) The term ‘‘Northern Triangle countries’’ 

10 means the countries of El Salvador, Guatemala, and 

11 Honduras. 

12 (6) The term ‘‘Northern Triangle Migrant Cri13 sis’’ means the increase in families and unaccom14 panied alien children apprehended by U.S. Customs 

15 and Border Protection at the southern border of the 

16 United States, predominantly from El Salvador, 

17 Guatemala, and Honduras but not from Mexico, 

18 that started in fiscal year 2012. 

19 TITLE I—STRATEGY AND TASK 

20 FORCE 

21 SEC. 101. NORTHERN TRIANGLE MIGRANT SURGE STRA22 TEGIC RESPONSE PLAN. 

23 (a) STRATEGIC RESPONSE PLAN.—Not later than 90 

24 days after enactment of this Act, the President shall 

25 transmit to Congress a strategic response plan to manage 


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1 the Northern Triangle Migrant Surge that focuses on 

2 strengthening policies, procedures, practices, and training 

3 to ensure timely and fair processing of individuals appre4 hended at the southern border of the United States that 

5 seek asylum under the law, including the provision of im6 mediate protection and humanitarian care. 

7 (b) IMPLEMENTATION.—The President shall direct 

8 the leadership of the following departments and agencies 

9 to change policies, procedures, practices, and training to 

10 conform with the response plan required under paragraph 

11 (1) within 90 days of the issuance of the strategic response 

12 plan: 

13 (1) Department of Homeland Security, includ14 ing U.S. Customs and Border Protection, Immigra15 tion and Customs Enforcement, and U.S. Citizen16 ship and Immigration Services. 

17 (2) Department of Health and Human Services, 

18 including the Office of Refugee and Resettlement. 

19 (c) CONTENTS.—The strategic response plan re20 quired under this section shall focus primarily on the fol21 lowing: 

22 (1) How to ensure timely and fair processing of 

23 individuals apprehended at the southern border of 

24 the United States that seek asylum under the law, 


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1 including by eliminating practices such as metering 

2 and the Migrant Protection Protocols. 

3 (2) How to provide immediate care and human4 itarian protection to individuals apprehended at the 

5 southern border of the United States who seek asy6 lum under the law and arrive with family members, 

7 are pregnant women, unaccompanied children, elder8 ly, and other vulnerable populations. 

9 (3) How to ensure that at each stage of custody 

10 of individuals apprehended at the southern border of 

11 the United States that seek asylum under the law 

12 the individuals receive appropriate medical screening 

13 and medical care, the provision of regular meals and 

14 water, the availability of sanitary, and safe shelter 

15 with access to bathroom and shower facilities, basic 

16 toiletries and hygiene items, such as toilet paper, 

17 soap, toothbrushes, and diapers and feminine hy18 giene products. 

19 (4) How to adequately scale holding space ca20 pacity and operational personnel to respond to 

21 surges of such individuals in a timely manner, as 

22 well as identify any capability gaps that may require 

23 resources outside of the Department. 

24 (5) How to ensure compliance with the Flores 

25 settlement agreement, which includes the transfer of 


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1 unaccompanied alien children to the custody of the 

2 Department of Health and Human Services within 

3 72 hours of determining that a child is an unaccom4 panied alien child. 

5 (6) What oversight mechanisms will be estab6 lished or augmented to ensure compliance with the 

7 strategic response plan. 

8 (d) CONSIDERATION.—In developing the strategic re9 sponse plan required under this section, the President 

10 shall consider management alerts issued by the Depart11 ment of Homeland Security Inspector General on May 30, 

12 2019, and July 2, 2019, and any related successor report. 

13 SEC. 102. DEPARTMENT OF HOMELAND SECURITY JOINT 

14 TASK FORCE TO ADDRESS THE NORTHERN 

15 TRIANGLE MIGRANT SURGE. 

16 (a) IN GENERAL.—Notwithstanding section 

17 708(b)(11) of the Homeland Security Act, not later than 

18 30 days after the date of the enactment of this Act, the 

19 Secretary of Homeland Security shall establish and oper20 ate a departmental Joint Task Force, pursuant to section 

21 708 of the Homeland Security Act, to conduct operations 

22 using personnel and capabilities of the Department to 

23 manage the Northern Triangle Migrant Surge— 


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1 (1) for purposes set forth at subparagraphs (i) 

2 and (ii) of subsection (b)(2)(A) of section 708 of the 

3 Homeland Security Act; and 

4 (2) in furtherance of the strategic response plan 

5 required under section 101 of this Act. 

6 (b) PERFORMANCE METRICS.—The Secretary shall 

7 submit performance metrics for the Joint Task Force es8 tablished pursuant to subsection (a) to Congress, con9 sistent with section 708(b)(9) of the Homeland Security 

10 Act, that set forth performance metrics for the apprehen11 sion, timely and fair processing, and the humane treat12 ment of migrant families and other individuals seeking 

13 asylum in furtherance of the strategic response plan re14 quired under section 101 of this Act. 

15 (c) DISBANDING THE JOINT TASK FORCE.—Upon 

16 establishment of the Joint Task Force pursuant to sub17 section (a), the Secretary shall report to Congress regard18 ing conditions on the southern border of the United States 

19 that would result in the Secretary deciding to disband the 

20 Joint Task Force. 

21 (c) MONTHLY REPORTS TO CONGRESS.—The Direc22 tor of the Joint Task Force, starting one month after es23 tablishment of the Joint Task Force and monthly there24 after until it is disbanded, shall report to Congress on the 

25 Joint Task Force’s activities for the period and progress 


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1 with respect to implementing activities in furtherance of 

2 subsection 101 of this Act. 

3 (d) NOTIFICATION.—Not later than 90 days after 

4 disbanding the Joint Task Force, the Secretary shall no5 tify Congress of such action. 

6 (e) INTERAGENCY BORDER EMERGENCY CELL TER7 MINATED.—Concurrent with the establishment of the 

8 Joint Task Force pursuant to subsection (a), the Sec9 retary shall terminate the interagency border emergency 

10 cell established on or about April 2, 2019. 

11 TITLE II—MANAGEMENT AND 

12 OPERATIONS 

13 Subtitle A—Humanitarian Care for 

14 Migrant Families 

15 SEC. 201. PRESERVING UNITY OF MIGRANT FAMILIES. 

16 (a) IN GENERAL.—U.S. Customs and Border Protec17 tion shall maintain family unity to the greatest extent 

18 operationally feasible, absent a legal requirement or an 

19 articulable safety or security concern that requires separa20 tion and notwithstanding section 462(g)(2) of the Home21 land Security Act, no child apprehended on the southern 

22 border of the United States may be separated from a fam23 ily member apprehended with the child. 

24 (b) EXCEPTION.—On a nondelegable basis, an Office 

25 of Field Operations Field Director or Border Patrol Sector 


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1 Chief may separate a child from a family member only 

2 if there is evidence that the child may be a trafficking 

3 victim in violation of the William Wilberforce Trafficking 

4 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

5 1232 et seq.) and, in such instances, must retain records 

6 of the evidence relied upon for reaching such a determina7 tion and, upon separation, the location of the individuals 

8 involved. 

9 SEC. 202. ESSENTIAL HUMANITARIAN CONDITIONS. 

10 (a) UPDATE STATUTORY REQUIREMENTS FOR

11 SHORT-TERM DETENTION.—Paragraph (1) of section 

12 411(m) of the Homeland Security Act of 2002 (6 U.S.C. 

13 211(m)) is amended to read as follows: 

14 ‘‘(1) ACCESS TO APPROPRIATE TEMPORARY

15 SHELTER, FOOD, AND WATER.—The Commissioner 

16 shall make every effort to ensure the provision to an 

17 individual apprehended by the Commissioner of ap18 propriate temporary shelter with access to bathroom 

19 and shower facilities, water, appropriate nutrition, 

20 hygiene, personal grooming items, and sanitation.’’. 

21 (b) COMPLIANCE.—Not later than 30 days after the 

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

23 Security shall establish final plans, standards, and proto24 cols to protect the health and safety of individuals in the 


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1 custody of U.S. Customs and Border Protection, which 

2 shall include— 

3 (1) requirements on the availability and provi4 sion of water, appropriate nutrition, hygiene, per5 sonal grooming items, and sanitation needs; 

6 (2) appropriate temporary shelter facilities with 

7 access to bathroom and shower facilities and are 

8 maintained in conditions that adhere to best prac9 tices for the care of children that comply with the 

10 relevant recommendations of the American Academy 

11 of Pediatrics, including the recommendations in12 cluded in the Policy Statement of the American 

13 Academy of Pediatrics entitled, ‘‘Detention of Immi14 grant Children’’ issued in May 2017; 

15 (3) required training for all Department of 

16 Homeland Security personnel and contract personnel 

17 who interact with migrants seeking refugee or asy18 lum status while in U.S. Customs and Border Pro19 tection custody; and 

20 (4) transferring responsibilities, where possible, 

21 from Department of Homeland Security personnel, 

22 particularly law enforcement personnel, for the pro23 vision of care of families and unaccompanied alien 

24 children apprehended at the southern border of the 

25 United States to State-licensed, vetted, and qualified 


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1 contractors with trained medical and social work 

2 staff while in U.S. Customs and Border Protection 

3 custody. 

4 SEC. 203. UNIFORM PROCESSES FOR MEDICAL SCREENING 

5 OF INDIVIDUALS INTERDICTED BETWEEN 

6 PORTS OF ENTRY. 

7 (a) IN GENERAL.—Subtitle C of title IV of the 

8 Homeland Security Act of 2002 (6 U.S.C. 231) is amend9 ed by adding at the end the following new section: 

10 ‘‘SEC. 437. MEDICAL SCREENING OF INDIVIDUALS INTER11 DICTED BETWEEN PORTS OF ENTRY. 

12 ‘‘(a) IN GENERAL.—To improve border security and 

13 the processing of individuals and families interdicted by 

14 the U.S. Border Patrol between ports of entry, the Com15 missioner of U.S. Customs and Border Protection, in co16 ordination with the Chief Medical Officer of the Depart17 ment, shall, not later than thirty days after enactment of 

18 this section, establish uniform processes and training to 

19 ensure consistent and efficient medical screening of all in20 dividuals so interdicted before transfer out of U.S. Cus21 toms and Border Protection custody but not longer than 

22 12 hours of such interdiction. 

23 ‘‘(b) SCREENING PROCESS COMPONENTS.—At a min24 imum, the uniform processes and training established 

25 under subsection (a) shall include the following: 


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1 ‘‘(1) Requirements for initial screening that in2 cludes documentation of the following: 

3 ‘‘(A) Visual assessment of overall physical 

4 and behavior state, including any possible dis5 ability. 

6 ‘‘(B) A brief medical history including de7 mographic information, current medications, 

8 and any chronic or past illnesses. 

9 ‘‘(C) Any current medical complaints. 

10 ‘‘(2) Criteria for determining when to make a 

11 referral to higher medical care and a process to exe12 cute such referral. 

13 ‘‘(3) Recordkeeping requirements on how infor14 mation is to be recorded for each initial screening, 

15 including information on the use of interpretation 

16 services. 

17 ‘‘(c) TRAINING.—Starting sixty days after the 

18 issuance of the uniform processes and training pursuant 

19 to subsection (a), any individual carrying out medical 

20 screening at a U.S. Customs and Border Protection facil21 ity of individuals interdicted by the U.S. Border Patrol 

22 between ports shall complete training on the uniform proc23 esses.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

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


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1 amended by inserting after the item relating to section 

2 436 the following new item: 

‘‘Sec. 437. Medical screening of persons interdicted between ports of entry.’’. 

3 SEC. 204. TERMINATION OF INHUMANE PROTOCOLS AND 

4 POLICIES. 

5 Not later than 30 days after enactment of this Act, 

6 the Migrant Protection Protocols and U.S. Customs and 

7 Border Protection metering policy shall be terminated. 

8 SEC. 205. ALTERNATIVES TO DETENTION. 

9 (a) IN GENERAL.—Insert new section 890B in the 

10 Homeland Security Act: 

11 ‘‘SEC. 890B. ALTERNATIVES TO DETENTION PROGRAM. 

12 ‘‘(a) ESTABLISHMENT.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall estab14 lish programs to provide alternatives to detention 

15 under the immigration laws. 

16 ‘‘(2) AVAILABILITY.—The programs under 

17 paragraph (1) shall be available to an alien regard18 less of whether— 

19 ‘‘(A) a decision on a charge of removability 

20 with respect to the alien is pending; or 

21 ‘‘(B) the alien is subject to an order of re22 moval. 

23 ‘‘(3) CONTINUUM OF SUPERVISION.—The pro24 grams under paragraph (1) shall provide for a con25 tinuum of supervision mechanisms and options, inVerDate Sep 11 2014 23:07 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731

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1 cluding community-based supervision and commu2 nity support. 

3 ‘‘(4) CONTRACTS WITH NONGOVERNMENTAL

4 ORGANIZATIONS.—The Secretary may contract with 

5 one or more nongovernmental organizations to pro6 vide services under this subsection and subsection 

7 (b). 

8 ‘‘(b) RESTORATION OF THE FAMILY CASE MANAGE9 MENT PROGRAM.—Not later than 7 days after the date 

10 of the enactment of this section, the Secretary shall fully 

11 restore the U.S. Immigration and Customs Enforcement 

12 Family Case Management Program as the program ex13 isted on January 21, 2016, which shall— 

14 ‘‘(1) provide community supervision and com15 munity support services, including case management 

16 services, appearance services, and screening of aliens 

17 who have been detained; and 

18 ‘‘(2) be carried out through a contract with a 

19 nongovernmental organization that has dem20 onstrated expertise in providing such supervision 

21 and support services. 

22 ‘‘(c) DETERMINATION OF VULNERABLE POPULATION

23 OR CAREGIVER STATUS REQUIRED.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (3) and subject to paragraph (2), not later 


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1 than 72 hours after taking an individual into cus2 tody under the immigration laws, the Secretary, the 

3 Commissioner of U.S. Customs and Border Protec4 tion, an immigration officer, or an immigration 

5 judge shall make an individualized determination 

6 with respect to— 

7 ‘‘(A) whether the individual may partici8 pate in an alternatives to detention program, 

9 including the Family Case Management Pro10 gram described in subsection (b); and 

11 ‘‘(B) the appropriate level of supervision. 

12 ‘‘(2) PRESUMPTION FOR PLACEMENT IN ALTER13 NATIVES TO DETENTION PROGRAM.— 

14 ‘‘(A) IN GENERAL.—There shall be a pre15 sumption for placement in an alternatives to de16 tention program that is a community-based su17 pervision program for any alien who is— 

18 ‘‘(i) taken into the physical custody of 

19 the Department of Homeland Security; 

20 and 

21 ‘‘(ii) a member of a vulnerable popu22 lation, a parent of a child under 18 years 

23 of age, a dependent caregiver, or a family 

24 caregiver. 


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1 ‘‘(B) EXCEPTION.—The presumption de2 scribed in subparagraph (A) shall not apply if 

3 the Secretary, the Commissioner of U.S. Cus4 toms and Border Protection, an immigration of5 ficer, or an immigration judge specifically deter6 mines that the alien is a threat to himself or 

7 herself or the public. 

8 ‘‘(3) EXCEPTIONS.—Alternatives to detention 

9 programs shall not be available to any individual— 

10 ‘‘(A) detained under section 236A of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1226a); or 

13 ‘‘(B) for whom release on bond or recog14 nizance is determined to be a sufficient measure 

15 to ensure appearances at immigration pro16 ceedings and public safety. 

17 ‘‘(d) ANNUAL REPORT.—Not later than one year 

18 after the Restoration of the Family Case Management 

19 Program pursuant to subsection (b), and annually there20 after, the Coordinator shall submit to Congress a report 

21 that includes— 

22 ‘‘(1) guidance and requirements for referral and 

23 placement decisions in alternatives to detention pro24 grams; 


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1 ‘‘(2) information on enrollment in alternatives 

2 to detention programs, disaggregated by field office; 

3 ‘‘(3) information on the population enrolled in 

4 alternatives to detention programs, disaggregated by 

5 type of alternative to detention program and point 

6 of apprehension and, to the extent possible, reflect7 ing participation by migrant families and unaccom8 panied alien children. 

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

10 ‘‘(1) DEPENDENT CAREGIVER.—The term ‘de11 pendent caregiver’ means an individual who lives 

with, and provides more than 1 12 ⁄2 of the financial 

13 support required by, a family member who is— 

14 ‘‘(A) under 18 years of age; or 

15 ‘‘(B) unable to engage in substantial em16 ployment due to a physical or mental health 

17 condition or disability. 

18 ‘‘(2) EXECUTIVE DEPARTMENTS.—The term 

19 ‘executive departments’ has the meaning given the 

20 term in section 101 of title 5, United States Code. 

21 ‘‘(3) FAMILY CAREGIVER.—The term ‘family 

22 caregiver’ means an individual who lives with, and 

provides more than 1 23 ⁄2 of the personal care required 

24 by, a family member who is— 

25 ‘‘(A) under 18 years of age; or 


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1 ‘‘(B) unable to engage in substantial em2 ployment due to a physical or mental health 

3 condition or disability. 

4 ‘‘(4) FAMILY MEMBER.—The term ‘family 

5 member’, with respect to an individual receiving per6 sonal care services or financial support, means an 

7 individual who is— 

8 ‘‘(A) a parent or legal guardian; 

9 ‘‘(B) a spouse; 

10 ‘‘(C) a child; 

11 ‘‘(D) a step-family member; 

12 ‘‘(E) an immediate family member, to in13 clude adult siblings; or 

14 ‘‘(F) an extended family member, to in15 clude aunts, uncles, adult cousins, and grand16 parents. 

17 ‘‘(5) IMMIGRATION LAWS.—The term ‘immigra18 tion laws’ has the meaning given the term in section 

19 101(a)(17) of the Immigration and Nationality Act 

20 (8 U.S.C. 1101(a)(17)). 

21 ‘‘(6) LEGAL GUARDIAN.—The term ‘legal 

22 guardian’ means a legal guardian under State law or 

23 the law of a foreign country. 


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1 ‘‘(7) MEMBER OF A VULNERABLE POPU2 LATION.—The term ‘member of a vulnerable popu3 lation’ means an individual who— 

4 ‘‘(A) is an asylum seeker or is otherwise 

5 seeking lawful status; 

6 ‘‘(B) is a victim of torture or trafficking; 

7 ‘‘(C) has special religious, cultural, or spir8 itual considerations; 

9 ‘‘(D) is pregnant or nursing; 

10 ‘‘(E) is under 21 years of age; 

11 ‘‘(F) is older than 60 years of age; 

12 ‘‘(G) identifies as gay, lesbian, bisexual, 

13 transgender, or intersex; 

14 ‘‘(H) is a victim or witness of a crime; 

15 ‘‘(I) has a mental disorder or physical dis16 ability; or 

17 ‘‘(J) is experiencing severe trauma or is a 

18 survivor of torture or gender-based violence, as 

19 determined by an immigration judge or the Sec20 retary based on information obtained— 

21 ‘‘(i) by the attorney or legal services 

22 provider of the individual during intake; or 

23 ‘‘(ii) through credible reporting by the 

24 individual. 


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1 ‘‘(8) PARENT.—The term ‘parent’ means a bio2 logical or adoptive parent of a child, whose parental 

3 rights have not been relinquished or terminated 

4 under State law or the law of a foreign country. 

5 ‘‘(9) SECRETARY.—The term ‘Secretary’ means 

6 the Secretary of Homeland Security. 

7 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed to supersede or modify— 

9 ‘‘(1) the William Wilberforce Trafficking Vic10 tims Protection Reauthorization Act of 2008 (8 

11 U.S.C. 1232 et seq.); 

12 ‘‘(2) the Stipulated Settlement Agreement filed 

13 in the United States District Court for the Central 

14 District of California on January 17, 1997 (CV 85– 

15 4544–RJK) (commonly known as the ‘Flores Settle16 ment Agreement’); 

17 ‘‘(3) the Homeland Security Act of 2002 (6 

18 U.S.C. 101 et seq.); 

19 ‘‘(4) any applicable Federal child welfare law, 

20 including the Adoption and Safe Families Act of 

21 1997 (Public Law 105–89); and 

22 ‘‘(5) any applicable State child welfare laws.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

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


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1 amended by inserting after the item relating to section 

2 890B the following new item: 

‘‘Sec. 890B. Alternatives to detention program.’’ 

3 Subtitle B—Staffing, Support, and 

4 Resources 

5 SEC. 211. NORTHERN TRIANGLE MIGRANT SURGE SUP6 PORT. 

7 (a) IN GENERAL.—Starting not later than 60 days 

8 after enactment of this Act, the Secretary of Homeland 

9 Security shall enter into memoranda of understanding 

10 with appropriate Federal agencies and applicable emer11 gency government relief services, and contracts with State12 licensed, vetted, and qualified contractors with health care, 

13 public health, social work, and transportation profes14 sionals, for purposes of providing care for families and un15 accompanied alien children apprehended at the southern 

16 border of the United States during the Northern Triangle 

17 Migrant Surge. 

18 (b) STRATEGIC DEPLOYMENT.—The Secretary of 

19 Homeland Security shall ensure that the memoranda of 

20 understanding and contracts entered into pursuant to sub21 section (a) ensure core capacity within the Department of 

22 Homeland Security to provide adequate care to migrant 

23 families and children while in short-term detention that 

24 includes physicians specializing in pediatrics, family medi25 cine, emergency medicine, obstetrics and gynecology, geriVerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731

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1 atric medicine, internal medicine, and infectious diseases; 

2 nurse practitioners; other nurses; physician assistants; li3 censed social workers; mental health professionals; public 

4 health professionals; and dieticians. 

5 (c) MONTHLY REPORTS.—Beginning 90 days after 

6 enactment of this Act, the Secretary of Homeland Security 

7 shall submit a monthly report to the appropriate congres8 sional committees on the memoranda of understanding 

9 and contracts entered into pursuant to subsection (a) as 

10 of that date together with— 

11 (1) information on the deployment of physicians 

12 specializing in pediatrics, family medicine, emer13 gency medicine, obstetrics and gynecology, geriatric 

14 medicine, internal medicine, and infectious diseases; 

15 nurse practitioners; other nurses; physician assist16 ants; licensed social workers; mental health profes17 sionals; public health professionals; and dieticians 

18 within each border sector; and 

19 (2) for each sector, the degree to which respon20 sibilities have been transferred from Department of 

21 Homeland Security personnel, particularly law en22 forcement personnel, for the provision of care of mi23 grant families and unaccompanied alien children ap24 prehended at the southern border of the United 


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1 States to personnel under a memorandum of under2 standing or contract. 

3 SEC. 212. ADDITIONAL U.S. CUSTOMS AND BORDER PRO4 TECTION PERSONNEL. 

5 (a) OFFICERS.—The Commissioner of U.S. Customs 

6 and Border Protection shall every fiscal year hire, train, 

7 and assign not fewer than 600 new officers above the level 

8 as of September 30 of the immediately preceding fiscal 

9 year until the total number of officers equals the require10 ments identified each year in the Workload Staffing Model 

11 developed by the Commissioner. 

12 (b) INVESTIGATORS.—The Commissioner of U.S. 

13 Customs and Border Protection shall every fiscal year 

14 hire, train, and assign 30 new full-time investigators with15 in the Office of Professional Responsibility of U.S. Cus16 toms and Border Protection until the total number of in17 vestigators enables the Office to fulfill its mission propor18 tionate to the number of new personnel hired in accord19 ance with subsection (a). 

20 (c) TRAFFIC FORECASTS.—In calculating the number 

21 of Office of Field Operations officers needed at each port 

22 of entry through the Workload Staffing Model, the Office 

23 of Field Operations shall— 


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1 (1) rely on data collected regarding the inspec2 tions and other activities conducted at each such 

3 port of entry; and 

4 (2) consider volume from the Northern Triangle 

5 Migrant Surge and seasonal surges, other projected 

6 changes in commercial and passenger volumes, the 

7 most current commercial forecasts, and other rel8 evant information. 

9 (d) AMENDMENT.—Subparagraph (A) of section 

10 411(g)(5) of the Homeland Security Act of 2002 (6 

11 U.S.C. 211(g)(5)) is amended— 

12 (1) by striking ‘‘model’’ and inserting ‘‘mod13 els’’; 

14 (2) by inserting ‘‘agricultural specialists,’’ be15 fore ‘‘and support personnel’’; and 

16 (3) by inserting before the period at the end the 

17 following: ‘‘, and information concerning the 

18 progress made toward meeting officer hiring targets, 

19 while accounting for attrition’’. 

20 SEC. 213. PORT OF ENTRY TEMPORARY DUTY ASSIGN21 MENTS. 

22 (a) QUARTERLY REPORT.—Beginning 60 days after 

23 enactment of this Act, the Commissioner of U.S. Customs 

24 and Border Protection shall submit a quarterly report to 


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1 the appropriate congressional committees that includes, 

2 for the reporting period— 

3 (1) the number of temporary duty assignments 

4 of U.S. Customs and Border Protection Officers and 

5 support personnel from a port of entry to a tem6 porary duty assignment in response to the Northern 

7 Triangle Migrant Surge; 

8 (2) the ports of entry from which such employ9 ees were reassigned; 

10 (4) the ports of entry to which such employees 

11 were reassigned; 

12 (5) the ports of entry at which reimbursable 

13 service agreements have been entered into that may 

14 be affected by temporary duty assignments; 

15 (6) the duration of each temporary duty assign16 ment; 

17 (7) the specific duties personnel will be under18 taking during each temporary duty assignment; and 

19 (8) the cost of each temporary duty assignment. 

20 (b) NOTICE.—Not later than 10 days before rede21 ploying employees from one port of entry to another in 

22 response to the Northern Triangle Migrant Surge, absent 

23 emergency circumstances— 

24 (1) the Commissioner of U.S. Customs and 

25 Border Protection shall notify the director of the 


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1 port of entry from which employees will be reas2 signed of the intended redeployments; and 

3 (2) the port director shall notify impacted facili4 ties (including airports, seaports, and land ports) of 

5 the intended redeployments. 

6 (a) WORKFORCE BRIEFING.—The Commissioner of 

7 U.S. Customs and Border Protection shall brief all af8 fected U.S. Customs and Border Protection employees re9 garding plans to mitigate vulnerabilities created by any 

10 planned staffing reductions at ports of entry. 

11 TITLE III—OVERSIGHT 

12 SEC. 301. AUDITS AND INSPECTIONS. 

13 (a) IN GENERAL.—On an ongoing basis until the 

14 Joint Task Force established under section 102 of this 

15 Act is disbanded, the Comptroller General and Inspector 

16 General of the Department of Homeland Security shall 

17 carry out audits and unannounced inspections of facilities 

18 in the United States used for purposes of maintaining cus19 tody of or otherwise housing individuals apprehended at 

20 the southern border of the United States, including unac21 companied alien children (as defined in section 462(g)(2)) 

22 of the Homeland Security Act of 2002 (6 U.S.C. 

23 279(g)(2)), and report to Congress on compliance with the 

24 provisions of the Act. 


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1 (b) COORDINATION.—The Comptroller General and 

2 Inspector General of the Department of Homeland Secu3 rity shall, to the extent possible, share information and 

4 coordinate audits and unannounced inspections to ensure 

5 that Congress is provided with audit information on a reg6 ular basis and that all facilities in the United States used 

7 for the purposes of maintaining custody of or otherwise 

8 housing individuals apprehended at the southern border 

9 of the United States, including unaccompanied alien chil10 dren (as defined in section 462(g)(2)) of the Homeland 

11 Security Act of 2002 (6 U.S.C. 279(g)(2)), are subject 

12 to regular audits and inspections. 

13 SEC. 302. CONGRESSIONAL ACCESS. 

14 Any Member of the United States Congress may 

15 enter, without prior notification, any facility in the United 

16 States used for purposes of maintaining custody of or oth17 erwise housing individuals apprehended at the southern 

18 border of the United States, including unaccompanied 

19 alien children (as defined in section 462(g)(2)), of the 

20 Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) for 

21 purposes of conducting oversight. 

22 SEC. 303. PHOTOGRAPHS OF CONDITIONS. 

23 The Inspector General of the Department of Home24 land Security, Comptroller General, or Member of Con25 gress conducting oversight pursuant to section 302 of this 


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1 Act, shall be authorized to take photographs of conditions 

2 in any facility in the United States used for purposes of 

3 maintaining custody of or otherwise housing individuals 

4 apprehended at the southern border of the United States, 

5 including unaccompanied alien children (as defined in sec6 tion 462(g)(2)) of the Homeland Security Act of 2002 (6 

7 U.S.C. 279(g)(2)), but shall not publish photographs with 

8 personally identifiable information without permission. 

9 TITLE IV—NORTHERN TRIANGLE 

10 SEC. 401. RESTORATION OF THE CENTRAL AMERICAN MI11 NORS PROGRAM. 

12 Not later than 7 days after the date of the enactment 

13 of this Act, the Secretary shall fully restore the U.S. Citi14 zenship and Immigration Services Central American Mi15 nors Program as the program existed on July 31, 2017, 

16 to ensure a safe, legal, and orderly alternative to children 

17 fleeing violence in Northern Triangle countries and, within 

18 120 days of enactment of this Act, increase the effective19 ness of the program by— 

20 (1) increasing the number of refugee officers 

21 available for in-country processing; 

22 (2) establishing additional site locations; and 

23 (3) establishing program guidance prioritizing 

24 final determinations on a completed application 

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1 less the security screening for such child cannot be 

2 completed during the 180-day period. 

3 SEC. 402. REFUGEE PROCESSING IN NORTHERN TRIANGLE 

4 AND MEXICO FOR THIRD COUNTRY RESET5 TLEMENT. 

6 (a) IN GENERAL.—The Secretary of State, in con7 sultation with the Secretary of Homeland Security, shall 

8 coordinate with the United Nations High Commissioner 

9 for Refugees to support and provide technical assistance 

10 to the Governments of Northern Triangle countries and 

11 Mexico to ensure access to global resettlement for eligible 

12 children and families with protection needs by— 

13 (1) establishing and expanding in-country ref14 ugee reception centers to meet the humanitarian 

15 needs of those seeking international protection; 

16 (2) improving the refugee registration system to 

17 ensure that all refugees— 

18 (A) are properly screened for security, in19 cluding biographic and biometric capture; 

20 (B) receive due process and meaningful ac21 cess to existing legal protections; and 

22 (C) receive proper documents to ensure 

23 freedom of movement and access to basic social 

24 services; 


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1 (3) creating or expanding a cadre of trained 

2 refugee officers capable of evaluating and deciding 

3 individual claims for protection, consistent with 

4 international law and obligations; and 

5 (4) developing the capacity to conduct best in6 terest determinations for unaccompanied alien chil7 dren to ensure that— 

8 (A) such children with international pro9 tection needs are properly registered; and 

10 (B) their needs are properly met, which 

11 may include family reunification or resettlement 

12 based on international protection needs. 

13 (b) REPORT.—Not later than 60 days after the date 

14 of the enactment of this Act, the Secretary of State, in 

15 consultation with the Secretary of Homeland Security, 

16 shall submit a report to Congress that describes the plans 

17 of the Secretary of State to assist in developing the ref18 ugee processing capabilities described in subsection (a). 

19 SEC. 403. COOPERATION ON COMBATTING HUMAN SMUG20 GLING AND TRAFFICKING. 

21 The Secretary of Homeland Security, in coordination 

22 with the Secretary of State, shall expand partnership ef23 forts with law enforcement entities in the Northern Tri24 angle countries and Mexico seeking to combat human 

25 smuggling and trafficking in those countries, including— 


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1 (1) the creation or expansion of transnational 

2 criminal investigative units to identify, disrupt, and 

3 prosecute human smuggling and trafficking oper4 ations; 

5 (2) participation by U.S. Immigration and Cus6 toms Enforcement and the Department of Justice in 

7 the Bilateral Human Trafficking Enforcement Ini8 tiative with their Mexican law enforcement counter9 parts; and 

10 (3) advanced training programs for investiga11 tors and prosecutors from Northern Triangle coun12 tries and Mexico. 

13 SEC. 404. INVESTIGATION AND PROSECUTION OF HUMAN 

14 SMUGGLING AND TRAFFICKING. 

15 The Secretary of Homeland Security, acting through 

16 the Director of U.S. Immigration and Customs Enforce17 ment shall expand collaborative programs involving Home18 land Security Investigations that are aimed at inves19 tigating and prosecuting human smugglers and traffickers 

20 targeting Central American children and families and op21 erating at the southern border of the United States, in22 cluding the continuation and expansion of antitrafficking 

23 coordination teams. 


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1 SEC. 405. INFORMATION CAMPAIGN ON DANGERS OF MI2 GRATION. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity, in consultation with the Secretary of State, shall de5 sign and implement public information campaigns in 

6 Northern Triangle countries— 

7 (1) to disseminate information about the dan8 gers of travel across Mexico to the United States; 

9 and 

10 (2) to combat misinformation about United 

11 States immigration law or policy. 

12 (b) SPECIFICATIONS.—The information campaigns 

13 implemented pursuant to subsection (a) shall, to the great14 est extent possible— 

15 (1) be targeted at populations and localities 

16 with high migration rates; 

17 (2) employ a variety of communications media; 

18 and 

19 (3) be developed in consultation with program 

20 officials at the Department of Homeland Security, 

21 the Department of State, or other government, non22 profit, or academic entities in close contact with mi23 grant populations from Northern Triangle countries, 

24 including repatriated migrants. 

Æ 


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