[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7396 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7396

To require the Secretary of Homeland Security to develop a strategy to 
    implement policies and procedures, including the deployment of 
resources, to ensure the safety of children in CBP and ICE custody, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 21, 2018

Mrs. Torres (for herself, Mr. Vargas, and Mr. McGovern) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Homeland Security, 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 require the Secretary of Homeland Security to develop a strategy to 
    implement policies and procedures, including the deployment of 
resources, to ensure the safety of children in CBP and ICE custody, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security and Child Safety 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On December 8, 2018, Jakelin Caal, a 7-year-old child 
        of Guatemalan origin, died after spending approximately 25 
        hours in U.S. Customs and Border Protection (CBP) care.
            (2) CBP failed to report the death to Congress, despite 
        statutory requirements that CBP report deaths in CBP custody to 
        Congress within 24 hours, and did not publicly disclose the 
        death until the Washington Post reported it.
            (3) According to the Department of Homeland Security 
        (DHS)'s December 14, 2018, statement, Jakelin Caal's father 
        reported to CBP agents that she had become sick and was 
        vomiting at 5 a.m. on December 7, 2018, but received no medical 
        treatment until at least 6:30 a.m. on the same date. Instead, 
        she was transported via bus, with no medical personnel present, 
        to the Lordsburg Border Patrol station, which was 90 minutes 
        away.
            (4) According to a 2016 DHS Inspector General report, at 
        least one forward operating base has experienced periodic 
        issues with water contamination.
            (5) On May 10, 2018, Mariee Juarez, a toddler of Guatemalan 
        origin, died shortly after being released from U.S. Immigration 
        and Customs Enforcement (ICE) custody, where she had developed 
        a respiratory infection.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that all United States Government 
agencies, including those agencies tasked with enforcing immigration 
laws, should prioritize the health and safety of children within their 
care.

SEC. 4. POLICY REVIEW.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees and make public on the 
website of the Department of Homeland Security a review of all policies 
and procedures impacting the safety and health of children in custody 
of CBP and ICE.
    (b)  Matters To Be Included.--The review required under subsection 
(a) shall include the following:
            (1) An assessment of the suitability of forward operating 
        bases of the Department of Homeland Security for the temporary 
        detention of children apprehended by U.S. Border Patrol agents.
            (2) A review of CBP's transport, escort, detention, and 
        search policies.
            (3) An assessment CBP capacity to provide timely and 
        adequate medical care to all children in its custody.

SEC. 5. STRATEGY REQUIRED.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees a strategy to implement 
policies and procedures, including the deployment of resources, to 
ensure the safety of children in CBP and ICE custody.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees a report on steps taken to 
implement the policies and provisions described in subsection (a).

SEC. 6. PRIORITIZATION OF MEDICAL PERSONNEL IN HIRING.

    In hiring U.S. Customs and Border Protection personnel, the 
Secretary of Homeland Security shall prioritize the hiring of medical 
personnel until such time as the Secretary, in consultation with the 
Commissioner of CBP, certifies to Congress that CBP has sufficient 
medical personnel to provide prompt and adequate medical care to all 
children in its custody.

SEC. 7. DEFINITIONS.

    In this Act, the term ``appropriate congressional committees'' 
means the Committee on Appropriations, the Committee on Homeland 
Security, and the Committee on the Judiciary of the House of 
Representatives and the Committee on Appropriations, the Committee on 
Homeland Security and Governmental Affairs, and the Committee on the 
Judiciary of the Senate.
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