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Title II — Management and Operations

H.R. 3731 · 116th Congress · Jul 11, 2019 · Lineage

II Management and Operations

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:

“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. 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:

“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 ½ 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 ½ 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:

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.