[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3731 Introduced in House (IH)]

<DOC>






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. 
  Barragan, 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.

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

SECTION 1. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Strategic and 
Humane Southern Border Migrant Response Act''.
    (b) Definitions.--For the purposes of this Act:
            (1) The term ``family member'' means an individual who is--
                    (A) a parent or legal guardian;
                    (B) a spouse;
                    (C) a child;
                    (D) a step-family member;
                    (E) an immediate family member, to include adult 
                siblings; or
                    (F) an extended family member, to include aunts, 
                uncles, adult cousins, and grandparents.
            (2) The term ``Flores Settlement Agreement'' means the 
        stipulated settlement agreement filed on January 17, 1997, in 
        the United States District Court for the Central District of 
        California in Flores v. Reno, CV 85-4544-RJK (commonly known as 
        the ``Flores settlement agreement'').
            (3) The term ``metering'' means the U.S. Customs and Border 
        Protection policy to regulate the flow of asylum seekers at 
        ports of entry by denying asylum seekers access to ports of 
        entry.
            (4) The term ``Migrant Protection Protocols'' means the 
        protocols announced by the Secretary of Homeland Security on 
        December 20, 2018, or any subsequent revisions to those 
        protocols where certain individuals seeking asylum in the 
        United States are returned to Mexico and to wait outside of the 
        United States for the duration of their immigration 
        proceedings.
            (5) The term ``Northern Triangle countries'' means the 
        countries of El Salvador, Guatemala, and Honduras.
            (6) The term ``Northern Triangle Migrant Crisis'' means the 
        increase in families and unaccompanied alien children 
        apprehended by U.S. Customs and Border Protection at the 
        southern border of the United States, predominantly from El 
        Salvador, Guatemala, and Honduras but not from Mexico, that 
        started in fiscal year 2012.

                    TITLE I--STRATEGY AND TASK FORCE

SEC. 101. NORTHERN TRIANGLE MIGRANT SURGE STRATEGIC RESPONSE PLAN.

    (a) Strategic Response Plan.--Not later than 90 days after 
enactment of this Act, the President shall transmit to Congress a 
strategic response plan to manage the Northern Triangle Migrant Surge 
that focuses on strengthening policies, procedures, practices, and 
training to ensure timely and fair processing of individuals 
apprehended at the southern border of the United States that seek 
asylum under the law, including the provision of immediate protection 
and humanitarian care.
    (b) Implementation.--The President shall direct the leadership of 
the following departments and agencies to change policies, procedures, 
practices, and training to conform with the response plan required 
under paragraph (1) within 90 days of the issuance of the strategic 
response plan:
            (1) Department of Homeland Security, including U.S. Customs 
        and Border Protection, Immigration and Customs Enforcement, and 
        U.S. Citizenship and Immigration Services.
            (2) Department of Health and Human Services, including the 
        Office of Refugee and Resettlement.
    (c) Contents.--The strategic response plan required under this 
section shall focus primarily on the following:
            (1) How to ensure timely and fair processing of individuals 
        apprehended at the southern border of the United States that 
        seek asylum under the law, including by eliminating practices 
        such as metering and the Migrant Protection Protocols.
            (2) How to provide immediate care and humanitarian 
        protection to individuals apprehended at the southern border of 
        the United States who seek asylum under the law and arrive with 
        family members, are pregnant women, unaccompanied children, 
        elderly, and other vulnerable populations.
            (3) How to ensure that at each stage of custody of 
        individuals apprehended at the southern border of the United 
        States that seek asylum under the law the individuals receive 
        appropriate medical screening and medical care, the provision 
        of regular meals and water, the availability of sanitary, and 
        safe shelter with access to bathroom and shower facilities, 
        basic toiletries and hygiene items, such as toilet paper, soap, 
        toothbrushes, and diapers and feminine hygiene products.
            (4) How to adequately scale holding space capacity and 
        operational personnel to respond to surges of such individuals 
        in a timely manner, as well as identify any capability gaps 
        that may require resources outside of the Department.
            (5) How to ensure compliance with the Flores settlement 
        agreement, which includes the transfer of unaccompanied alien 
        children to the custody of the Department of Health and Human 
        Services within 72 hours of determining that a child is an 
        unaccompanied alien child.
            (6) What oversight mechanisms will be established or 
        augmented to ensure compliance with the strategic response 
        plan.
    (d) Consideration.--In developing the strategic response plan 
required under this section, the President shall consider management 
alerts issued by the Department of Homeland Security Inspector General 
on May 30, 2019, and July 2, 2019, and any related successor report.

SEC. 102. DEPARTMENT OF HOMELAND SECURITY JOINT TASK FORCE TO ADDRESS 
              THE NORTHERN TRIANGLE MIGRANT SURGE.

    (a) In General.--Notwithstanding section 708(b)(11) of the Homeland 
Security Act, not later than 30 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall establish and 
operate a departmental Joint Task Force, pursuant to section 708 of the 
Homeland Security Act, to conduct operations using personnel and 
capabilities of the Department to manage the Northern Triangle Migrant 
Surge--
            (1) for purposes set forth at subparagraphs (i) and (ii) of 
        subsection (b)(2)(A) of section 708 of the Homeland Security 
        Act; and
            (2) in furtherance of the strategic response plan required 
        under section 101 of this Act.
    (b) Performance Metrics.--The Secretary shall submit performance 
metrics for the Joint Task Force established pursuant to subsection (a) 
to Congress, consistent with section 708(b)(9) of the Homeland Security 
Act, that set forth performance metrics for the apprehension, timely 
and fair processing, and the humane treatment of migrant families and 
other individuals seeking asylum in furtherance of the strategic 
response plan required under section 101 of this Act.
    (c) Disbanding the Joint Task Force.--Upon establishment of the 
Joint Task Force pursuant to subsection (a), the Secretary shall report 
to Congress regarding conditions on the southern border of the United 
States that would result in the Secretary deciding to disband the Joint 
Task Force.
    (c) Monthly Reports to Congress.--The Director of the Joint Task 
Force, starting one month after establishment of the Joint Task Force 
and monthly thereafter until it is disbanded, shall report to Congress 
on the Joint Task Force's activities for the period and progress with 
respect to implementing activities in furtherance of subsection 101 of 
this Act.
    (d) Notification.--Not later than 90 days after disbanding the 
Joint Task Force, the Secretary shall notify Congress of such action.
    (e) Interagency Border Emergency Cell Terminated.--Concurrent with 
the establishment of the Joint Task Force pursuant to subsection (a), 
the Secretary shall terminate the interagency border emergency cell 
established on or about April 2, 2019.

                  TITLE II--MANAGEMENT AND OPERATIONS

           Subtitle A--Humanitarian Care for Migrant Families

SEC. 201. PRESERVING UNITY OF MIGRANT FAMILIES.

    (a) In General.--U.S. Customs and Border Protection shall maintain 
family unity to the greatest extent operationally feasible, absent a 
legal requirement or an articulable safety or security concern that 
requires separation and notwithstanding section 462(g)(2) of the 
Homeland Security Act, no child apprehended on the southern border of 
the United States may be separated from a family member apprehended 
with the child.
    (b) Exception.--On a nondelegable basis, an Office of Field 
Operations Field Director or Border Patrol Sector Chief may separate a 
child from a family member only if there is evidence that the child may 
be a trafficking victim in violation of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232 et seq.) and, in such instances, must retain records of the 
evidence relied upon for reaching such a determination and, upon 
separation, the location of the individuals involved.

SEC. 202. ESSENTIAL HUMANITARIAN CONDITIONS.

    (a) Update Statutory Requirements for Short-Term Detention.--
Paragraph (1) of section 411(m) of the Homeland Security Act of 2002 (6 
U.S.C. 211(m)) is amended to read as follows:
            ``(1) Access to appropriate temporary shelter, food, and 
        water.--The Commissioner shall make every effort to ensure the 
        provision to an individual apprehended by the Commissioner of 
        appropriate temporary shelter with access to bathroom and 
        shower facilities, water, appropriate nutrition, hygiene, 
        personal grooming items, and sanitation.''.
    (b) Compliance.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall establish final 
plans, standards, and protocols to protect the health and safety of 
individuals in the custody of U.S. Customs and Border Protection, which 
shall include--
            (1) requirements on the availability and provision of 
        water, appropriate nutrition, hygiene, personal grooming items, 
        and sanitation needs;
            (2) appropriate temporary shelter facilities with access to 
        bathroom and shower facilities and are maintained in conditions 
        that adhere to best practices for the care of children that 
        comply with the relevant recommendations of the American 
        Academy of Pediatrics, including the recommendations included 
        in the Policy Statement of the American Academy of Pediatrics 
        entitled, ``Detention of Immigrant Children'' issued in May 
        2017;
            (3) required training for all Department of Homeland 
        Security personnel and contract personnel who interact with 
        migrants seeking refugee or asylum status while in U.S. Customs 
        and Border Protection custody; and
            (4) transferring responsibilities, where possible, from 
        Department of Homeland Security personnel, particularly law 
        enforcement personnel, for the provision of care of families 
        and unaccompanied alien children apprehended at the southern 
        border of the United States to State-licensed, vetted, and 
        qualified contractors with trained medical and social work 
        staff while in U.S. Customs and Border Protection custody.

SEC. 203. UNIFORM PROCESSES FOR MEDICAL SCREENING OF INDIVIDUALS 
              INTERDICTED BETWEEN PORTS OF ENTRY.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231) is amended by adding at the end the 
following new section:

``SEC. 437. MEDICAL SCREENING OF INDIVIDUALS INTERDICTED BETWEEN PORTS 
              OF ENTRY.

    ``(a) In General.--To improve border security and the processing of 
individuals and families interdicted by the U.S. Border Patrol between 
ports of entry, the Commissioner of U.S. Customs and Border Protection, 
in coordination with the Chief Medical Officer of the Department, 
shall, not later than thirty days after enactment of this section, 
establish uniform processes and training to ensure consistent and 
efficient medical screening of all individuals so interdicted before 
transfer out of U.S. Customs and Border Protection custody but not 
longer than 12 hours of such interdiction.
    ``(b) Screening Process Components.--At a minimum, the uniform 
processes and training established under subsection (a) shall include 
the following:
            ``(1) Requirements for initial screening that includes 
        documentation of the following:
                    ``(A) Visual assessment of overall physical and 
                behavior state, including any possible disability.
                    ``(B) A brief medical history including demographic 
                information, current medications, and any chronic or 
                past illnesses.
                    ``(C) Any current medical complaints.
            ``(2) Criteria for determining when to make a referral to 
        higher medical care and a process to execute such referral.
            ``(3) Recordkeeping requirements on how information is to 
        be recorded for each initial screening, including information 
        on the use of interpretation services.
    ``(c) Training.--Starting sixty days after the issuance of the 
uniform processes and training pursuant to subsection (a), any 
individual carrying out medical screening at a U.S. Customs and Border 
Protection facility of individuals interdicted by the U.S. Border 
Patrol between ports shall complete training on the uniform 
processes.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 436 the following new item:

``Sec. 437. Medical screening of persons interdicted between ports of 
                            entry.''.

SEC. 204. TERMINATION OF INHUMANE PROTOCOLS AND POLICIES.

    Not later than 30 days after enactment of this Act, the Migrant 
Protection Protocols and U.S. Customs and Border Protection metering 
policy shall be terminated.

SEC. 205. ALTERNATIVES TO DETENTION.

    (a) In General.--Insert new section 890B in the Homeland Security 
Act:

``SEC. 890B. ALTERNATIVES TO DETENTION PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall establish programs 
        to provide alternatives to detention under the immigration 
        laws.
            ``(2) Availability.--The programs under paragraph (1) shall 
        be available to an alien regardless of whether--
                    ``(A) a decision on a charge of removability with 
                respect to the alien is pending; or
                    ``(B) the alien is subject to an order of removal.
            ``(3) Continuum of supervision.--The programs under 
        paragraph (1) shall provide for a continuum of supervision 
        mechanisms and options, including community-based supervision 
        and community support.
            ``(4) Contracts with nongovernmental organizations.--The 
        Secretary may contract with one or more nongovernmental 
        organizations to provide services under this subsection and 
        subsection (b).
    ``(b) Restoration of the Family Case Management Program.--Not later 
than 7 days after the date of the enactment of this section, the 
Secretary shall fully restore the U.S. Immigration and Customs 
Enforcement Family Case Management Program as the program existed on 
January 21, 2016, which shall--
            ``(1) provide community supervision and community support 
        services, including case management services, appearance 
        services, and screening of aliens who have been detained; and
            ``(2) be carried out through a contract with a 
        nongovernmental organization that has demonstrated expertise in 
        providing such supervision and support services.
    ``(c) Determination of Vulnerable Population or Caregiver Status 
Required.--
            ``(1) In general.--Except as provided in paragraph (3) and 
        subject to paragraph (2), not later than 72 hours after taking 
        an individual into custody under the immigration laws, the 
        Secretary, the Commissioner of U.S. Customs and Border 
        Protection, an immigration officer, or an immigration judge 
        shall make an individualized determination with respect to--
                    ``(A) whether the individual may participate in an 
                alternatives to detention program, including the Family 
                Case Management Program described in subsection (b); 
                and
                    ``(B) the appropriate level of supervision.
            ``(2) Presumption for placement in alternatives to 
        detention program.--
                    ``(A) In general.--There shall be a presumption for 
                placement in an alternatives to detention program that 
                is a community-based supervision program for any alien 
                who is--
                            ``(i) taken into the physical custody of 
                        the Department of Homeland Security; and
                            ``(ii) a member of a vulnerable population, 
                        a parent of a child under 18 years of age, a 
                        dependent caregiver, or a family caregiver.
                    ``(B) Exception.--The presumption described in 
                subparagraph (A) shall not apply if the Secretary, the 
                Commissioner of U.S. Customs and Border Protection, an 
                immigration officer, or an immigration judge 
                specifically determines that the alien is a threat to 
                himself or herself or the public.
            ``(3) Exceptions.--Alternatives to detention programs shall 
        not be available to any individual--
                    ``(A) detained under section 236A of the 
                Immigration and Nationality Act (8 U.S.C. 1226a); or
                    ``(B) for whom release on bond or recognizance is 
                determined to be a sufficient measure to ensure 
                appearances at immigration proceedings and public 
                safety.
    ``(d) Annual Report.--Not later than one year after the Restoration 
of the Family Case Management Program pursuant to subsection (b), and 
annually thereafter, the Coordinator shall submit to Congress a report 
that includes--
            ``(1) guidance and requirements for referral and placement 
        decisions in alternatives to detention programs;
            ``(2) information on enrollment in alternatives to 
        detention programs, disaggregated by field office;
            ``(3) information on the population enrolled in 
        alternatives to detention programs, disaggregated by type of 
        alternative to detention program and point of apprehension and, 
        to the extent possible, reflecting participation by migrant 
        families and unaccompanied alien children.
    ``(e) Definitions.--In this section:
            ``(1) Dependent caregiver.--The term `dependent caregiver' 
        means an individual who lives with, and provides more than \1/
        2\ of the financial support required by, a family member who 
        is--
                    ``(A) under 18 years of age; or
                    ``(B) unable to engage in substantial employment 
                due to a physical or mental health condition or 
                disability.
            ``(2) Executive departments.--The term `executive 
        departments' has the meaning given the term in section 101 of 
        title 5, United States Code.
            ``(3) Family caregiver.--The term `family caregiver' means 
        an individual who lives with, and provides more than \1/2\ of 
        the personal care required by, a family member who is--
                    ``(A) under 18 years of age; or
                    ``(B) unable to engage in substantial employment 
                due to a physical or mental health condition or 
                disability.
            ``(4) Family member.--The term `family member', with 
        respect to an individual receiving personal care services or 
        financial support, means an individual who is--
                    ``(A) a parent or legal guardian;
                    ``(B) a spouse;
                    ``(C) a child;
                    ``(D) a step-family member;
                    ``(E) an immediate family member, to include adult 
                siblings; or
                    ``(F) an extended family member, to include aunts, 
                uncles, adult cousins, and grandparents.
            ``(5) Immigration laws.--The term `immigration laws' has 
        the meaning given the term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            ``(6) Legal guardian.--The term `legal guardian' means a 
        legal guardian under State law or the law of a foreign country.
            ``(7) Member of a vulnerable population.--The term `member 
        of a vulnerable population' means an individual who--
                    ``(A) is an asylum seeker or is otherwise seeking 
                lawful status;
                    ``(B) is a victim of torture or trafficking;
                    ``(C) has special religious, cultural, or spiritual 
                considerations;
                    ``(D) is pregnant or nursing;
                    ``(E) is under 21 years of age;
                    ``(F) is older than 60 years of age;
                    ``(G) identifies as gay, lesbian, bisexual, 
                transgender, or intersex;
                    ``(H) is a victim or witness of a crime;
                    ``(I) has a mental disorder or physical disability; 
                or
                    ``(J) is experiencing severe trauma or is a 
                survivor of torture or gender-based violence, as 
                determined by an immigration judge or the Secretary 
                based on information obtained--
                            ``(i) by the attorney or legal services 
                        provider of the individual during intake; or
                            ``(ii) through credible reporting by the 
                        individual.
            ``(8) Parent.--The term `parent' means a biological or 
        adoptive parent of a child, whose parental rights have not been 
        relinquished or terminated under State law or the law of a 
        foreign country.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
    ``(f) Rule of Construction.--Nothing in this section may be 
construed to supersede or modify--
            ``(1) the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq.);
            ``(2) the Stipulated Settlement Agreement filed in the 
        United States District Court for the Central District of 
        California on January 17, 1997 (CV 85-4544-RJK) (commonly known 
        as the `Flores Settlement Agreement');
            ``(3) the Homeland Security Act of 2002 (6 U.S.C. 101 et 
        seq.);
            ``(4) any applicable Federal child welfare law, including 
        the Adoption and Safe Families Act of 1997 (Public Law 105-89); 
        and
            ``(5) any applicable State child welfare laws.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 890B the following new item:

``Sec. 890B. Alternatives to detention program.''

              Subtitle B--Staffing, Support, and Resources

SEC. 211. NORTHERN TRIANGLE MIGRANT SURGE SUPPORT.

    (a) In General.--Starting not later than 60 days after enactment of 
this Act, the Secretary of Homeland Security shall enter into memoranda 
of understanding with appropriate Federal agencies and applicable 
emergency government relief services, and contracts with State-
licensed, vetted, and qualified contractors with health care, public 
health, social work, and transportation professionals, for purposes of 
providing care for families and unaccompanied alien children 
apprehended at the southern border of the United States during the 
Northern Triangle Migrant Surge.
    (b) Strategic Deployment.--The Secretary of Homeland Security shall 
ensure that the memoranda of understanding and contracts entered into 
pursuant to subsection (a) ensure core capacity within the Department 
of Homeland Security to provide adequate care to migrant families and 
children while in short-term detention that includes physicians 
specializing in pediatrics, family medicine, emergency medicine, 
obstetrics and gynecology, geriatric medicine, internal medicine, and 
infectious diseases; nurse practitioners; other nurses; physician 
assistants; licensed social workers; mental health professionals; 
public health professionals; and dieticians.
    (c) Monthly Reports.--Beginning 90 days after enactment of this 
Act, the Secretary of Homeland Security shall submit a monthly report 
to the appropriate congressional committees on the memoranda of 
understanding and contracts entered into pursuant to subsection (a) as 
of that date together with--
            (1) information on the deployment of physicians 
        specializing in pediatrics, family medicine, emergency 
        medicine, obstetrics and gynecology, geriatric medicine, 
        internal medicine, and infectious diseases; nurse 
        practitioners; other nurses; physician assistants; licensed 
        social workers; mental health professionals; public health 
        professionals; and dieticians within each border sector; and
            (2) for each sector, the degree to which responsibilities 
        have been transferred from Department of Homeland Security 
        personnel, particularly law enforcement personnel, for the 
        provision of care of migrant families and unaccompanied alien 
        children apprehended at the southern border of the United 
        States to personnel under a memorandum of understanding or 
        contract.

SEC. 212. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Officers.--The Commissioner of U.S. Customs and Border 
Protection shall every fiscal year hire, train, and assign not fewer 
than 600 new officers above the level as of September 30 of the 
immediately preceding fiscal year until the total number of officers 
equals the requirements identified each year in the Workload Staffing 
Model developed by the Commissioner.
    (b) Investigators.--The Commissioner of U.S. Customs and Border 
Protection shall every fiscal year hire, train, and assign 30 new full-
time investigators within the Office of Professional Responsibility of 
U.S. Customs and Border Protection until the total number of 
investigators enables the Office to fulfill its mission proportionate 
to the number of new personnel hired in accordance with subsection (a).
    (c) Traffic Forecasts.--In calculating the number of Office of 
Field Operations officers needed at each port of entry through the 
Workload Staffing Model, the Office of Field Operations shall--
            (1) rely on data collected regarding the inspections and 
        other activities conducted at each such port of entry; and
            (2) consider volume from the Northern Triangle Migrant 
        Surge and seasonal surges, other projected changes in 
        commercial and passenger volumes, the most current commercial 
        forecasts, and other relevant information.
    (d) Amendment.--Subparagraph (A) of section 411(g)(5) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
            (1) by striking ``model'' and inserting ``models'';
            (2) by inserting ``agricultural specialists,'' before ``and 
        support personnel''; and
            (3) by inserting before the period at the end the 
        following: ``, and information concerning the progress made 
        toward meeting officer hiring targets, while accounting for 
        attrition''.

SEC. 213. PORT OF ENTRY TEMPORARY DUTY ASSIGNMENTS.

    (a) Quarterly Report.--Beginning 60 days after enactment of this 
Act, the Commissioner of U.S. Customs and Border Protection shall 
submit a quarterly report to the appropriate congressional committees 
that includes, for the reporting period--
            (1) the number of temporary duty assignments of U.S. 
        Customs and Border Protection Officers and support personnel 
        from a port of entry to a temporary duty assignment in response 
        to the Northern Triangle Migrant Surge;
            (2) the ports of entry from which such employees were 
        reassigned;
            (4) the ports of entry to which such employees were 
        reassigned;
            (5) the ports of entry at which reimbursable service 
        agreements have been entered into that may be affected by 
        temporary duty assignments;
            (6) the duration of each temporary duty assignment;
            (7) the specific duties personnel will be undertaking 
        during each temporary duty assignment; and
            (8) the cost of each temporary duty assignment.
    (b) Notice.--Not later than 10 days before redeploying employees 
from one port of entry to another in response to the Northern Triangle 
Migrant Surge, absent emergency circumstances--
            (1) the Commissioner of U.S. Customs and Border Protection 
        shall notify the director of the port of entry from which 
        employees will be reassigned of the intended redeployments; and
            (2) the port director shall notify impacted facilities 
        (including airports, seaports, and land ports) of the intended 
        redeployments.
    (a) Workforce Briefing.--The Commissioner of U.S. Customs and 
Border Protection shall brief all affected U.S. Customs and Border 
Protection employees regarding plans to mitigate vulnerabilities 
created by any planned staffing reductions at ports of entry.

                          TITLE III--OVERSIGHT

SEC. 301. AUDITS AND INSPECTIONS.

    (a) In General.--On an ongoing basis until the Joint Task Force 
established under section 102 of this Act is disbanded, the Comptroller 
General and Inspector General of the Department of Homeland Security 
shall carry out audits and unannounced inspections of facilities in the 
United States used for purposes of maintaining custody of or otherwise 
housing individuals apprehended at the southern border of the United 
States, including unaccompanied alien children (as defined in section 
462(g)(2)) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), 
and report to Congress on compliance with the provisions of the Act.
    (b) Coordination.--The Comptroller General and Inspector General of 
the Department of Homeland Security shall, to the extent possible, 
share information and coordinate audits and unannounced inspections to 
ensure that Congress is provided with audit information on a regular 
basis and that all facilities in the United States used for the 
purposes of maintaining custody of or otherwise housing individuals 
apprehended at the southern border of the United States, including 
unaccompanied alien children (as defined in section 462(g)(2)) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), are subject to 
regular audits and inspections.

SEC. 302. CONGRESSIONAL ACCESS.

    Any Member of the United States Congress may enter, without prior 
notification, any facility in the United States used for purposes of 
maintaining custody of or otherwise housing individuals apprehended at 
the southern border of the United States, including unaccompanied alien 
children (as defined in section 462(g)(2)), of the Homeland Security 
Act of 2002 (6 U.S.C. 279(g)(2)) for purposes of conducting oversight.

SEC. 303. PHOTOGRAPHS OF CONDITIONS.

    The Inspector General of the Department of Homeland Security, 
Comptroller General, or Member of Congress conducting oversight 
pursuant to section 302 of this Act, shall be authorized to take 
photographs of conditions in any facility in the United States used for 
purposes of maintaining custody of or otherwise housing individuals 
apprehended at the southern border of the United States, including 
unaccompanied alien children (as defined in section 462(g)(2)) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), but shall not 
publish photographs with personally identifiable information without 
permission.

                      TITLE IV--NORTHERN TRIANGLE

SEC. 401. RESTORATION OF THE CENTRAL AMERICAN MINORS PROGRAM.

    Not later than 7 days after the date of the enactment of this Act, 
the Secretary shall fully restore the U.S. Citizenship and Immigration 
Services Central American Minors Program as the program existed on July 
31, 2017, to ensure a safe, legal, and orderly alternative to children 
fleeing violence in Northern Triangle countries and, within 120 days of 
enactment of this Act, increase the effectiveness of the program by--
            (1) increasing the number of refugee officers available for 
        in-country processing;
            (2) establishing additional site locations; and
            (3) establishing program guidance prioritizing final 
        determinations on a completed application within 180 days of 
        completion of an application unless the security screening for 
        such child cannot be completed during the 180-day period.

SEC. 402. REFUGEE PROCESSING IN NORTHERN TRIANGLE AND MEXICO FOR THIRD 
              COUNTRY RESETTLEMENT.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall coordinate with the United 
Nations High Commissioner for Refugees to support and provide technical 
assistance to the Governments of Northern Triangle countries and Mexico 
to ensure access to global resettlement for eligible children and 
families with protection needs by--
            (1) establishing and expanding in-country refugee reception 
        centers to meet the humanitarian needs of those seeking 
        international protection;
            (2) improving the refugee registration system to ensure 
        that all refugees--
                    (A) are properly screened for security, including 
                biographic and biometric capture;
                    (B) receive due process and meaningful access to 
                existing legal protections; and
                    (C) receive proper documents to ensure freedom of 
                movement and access to basic social services;
            (3) creating or expanding a cadre of trained refugee 
        officers capable of evaluating and deciding individual claims 
        for protection, consistent with international law and 
        obligations; and
            (4) developing the capacity to conduct best interest 
        determinations for unaccompanied alien children to ensure 
        that--
                    (A) such children with international protection 
                needs are properly registered; and
                    (B) their needs are properly met, which may include 
                family reunification or resettlement based on 
                international protection needs.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of State, in consultation with the Secretary 
of Homeland Security, shall submit a report to Congress that describes 
the plans of the Secretary of State to assist in developing the refugee 
processing capabilities described in subsection (a).

SEC. 403. COOPERATION ON COMBATTING HUMAN SMUGGLING AND TRAFFICKING.

    The Secretary of Homeland Security, in coordination with the 
Secretary of State, shall expand partnership efforts with law 
enforcement entities in the Northern Triangle countries and Mexico 
seeking to combat human smuggling and trafficking in those countries, 
including--
            (1) the creation or expansion of transnational criminal 
        investigative units to identify, disrupt, and prosecute human 
        smuggling and trafficking operations;
            (2) participation by U.S. Immigration and Customs 
        Enforcement and the Department of Justice in the Bilateral 
        Human Trafficking Enforcement Initiative with their Mexican law 
        enforcement counterparts; and
            (3) advanced training programs for investigators and 
        prosecutors from Northern Triangle countries and Mexico.

SEC. 404. INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING AND 
              TRAFFICKING.

    The Secretary of Homeland Security, acting through the Director of 
U.S. Immigration and Customs Enforcement shall expand collaborative 
programs involving Homeland Security Investigations that are aimed at 
investigating and prosecuting human smugglers and traffickers targeting 
Central American children and families and operating at the southern 
border of the United States, including the continuation and expansion 
of antitrafficking coordination teams.

SEC. 405. INFORMATION CAMPAIGN ON DANGERS OF MIGRATION.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of State, shall design and implement 
public information campaigns in Northern Triangle countries--
            (1) to disseminate information about the dangers of travel 
        across Mexico to the United States; and
            (2) to combat misinformation about United States 
        immigration law or policy.
    (b) Specifications.--The information campaigns implemented pursuant 
to subsection (a) shall, to the greatest extent possible--
            (1) be targeted at populations and localities with high 
        migration rates;
            (2) employ a variety of communications media; and
            (3) be developed in consultation with program officials at 
        the Department of Homeland Security, the Department of State, 
        or other government, nonprofit, or academic entities in close 
        contact with migrant populations from Northern Triangle 
        countries, including repatriated migrants.
                                 <all>