Northern Triangle and Border Stabilization Act

I 116TH CONGRESS 1ST SESSION H. R. 3524 To support the people of Central America and strengthen United States national security by addressing the root causes of migration from El Salvador, Guatemala and Honduras, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 27, 2019 Ms. LOFGREN (for herself, Mr. COHEN, Mr. CORREA, Mr. COX of California, Ms. DEAN, Mr. DESAULNIER, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. HORSFORD, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Mr. KENNEDY, Mr. KHANNA, Mr. MCGOVERN, Ms. MENG, Mr. NADLER, Ms. NORTON, Mr. RASKIN, Ms. ROYBAL-ALLARD, Ms. SCANLON, Mr. SMITH of Washington, Mr. TONKO, Mr. WELCH, Mr. PETERS, and Ms. JUDY CHU of California) introduced the following bill; which was referred to the Committee on Foreign Af- fairs, and in addition to the Committees on the Judiciary, Education and Labor, Armed Services, Intelligence (Permanent Select), Financial Serv- ices, Homeland Security, Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To support the people of Central America and strengthen United States national security by addressing the root causes of migration from El Salvador, Guatemala and Honduras, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 2 •HR 3524 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Northern Triangle and Border Stabilization Act’’. 3 (b) TABLE OF CONTENTS.—The table of contents of 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. TITLE I—ADDRESSING THE ROOT CAUSES OF MIGRATION AND PROMOTING RULE OF LAW, SECURITY, AND ECONOMIC DEVEL- OPMENT IN CENTRAL AMERICA Sec. 101. United States strategy for engagement in Central America. Sec. 102. United States coordinator on the strategy for engagement in Central America. Sec. 103. Requirement for strategy to secure support of international donors and partners. Sec. 104. Strengthening the rule of law and combating corruption. Sec. 105. Combating criminal violence and improving citizen security. Sec. 106. Combating sexual, gender-based, and domestic violence. Sec. 107. Tackling extreme poverty and advancing economic development. Sec. 108. Conditions, limitations, and certifications on United States assist- ance. Sec. 109. Limitations on funding. TITLE II—ADDRESSING MIGRATION NEEDS BY STRENGTHENING REGIONAL HUMANITARIAN RESPONSES FOR REFUGEES AND ASYLUM SEEKERS IN THE WESTERN HEMISPHERE Sec. 201. Expanding refugee and asylum processing in the western hemisphere. Sec. 202. Further strengthening regional humanitarian responses in the west- ern hemisphere. Sec. 203. Information campaign on dangers of irregular migration. Sec. 204. Definitions. Sec. 205. Reporting requirement. TITLE III—MANAGING MIGRATION THROUGH REFUGEE RESET- TLEMENT, COMPLEMENTARY PATHWAYS, AND STRENGTH- ENING REPATRIATION INITIATIVES. Sec. 301. Identification, screening, and processing of refugees and other indi- viduals eligible for lawful admission to the United States. Sec. 302. Registration and intake. Sec. 303. Central American refugee program. Sec. 304. Central American minors program. Sec. 305. Central American family reunification parole program. Sec. 306. Central American worker referral program. Sec. 307. Informational campaign; case status hotline. TITLE IV—IMPROVING BORDER INFRASTRUCTURE FOR FAMILIES AND CHILDREN; CRACKING DOWN ON CRIMINAL ORGANIZATIONS. VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 3 •HR 3524 IH Sec. 401. Additional U.S. Customs and Border Protection personnel. Sec. 402. Ports of entry infrastructure enhancement report. Sec. 403. General short-term custody standards in Customs and Border Protec- tion facilities. Sec. 404. Standards for children in the short-term custody of Customs and Border Protection. Sec. 405. Child welfare at the border. Sec. 406. Enhanced investigation and prosecution of human smuggling net- works and trafficking organizations. Sec. 407. Enhanced penalties for organized smuggling schemes. Sec. 408. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 409. Support for FBI Transnational Anti-Gang Task Forces for coun- tering criminal gangs. Sec. 410. Hindering immigration, border, and customs controls. Sec. 411. Office of Inspector General Oversight. Sec. 412. Fatality reporting. Sec. 413. Establishment of the Office of Ombudsman for Border and Immigra- tion Related Concerns. TITLE V—PROMOTING EFFICIENT PROCESSING OF ASYLUM SEEKERS; ADDRESSING IMMIGRATION COURT BACKLOGS; EFFI- CIENT REPATRIATION OF MIGRANTS ORDERED REMOVED. Sec. 501. Joint Task Force to address rise in migrants. Sec. 502. Incentivizing applications at ports of entry. Sec. 503. Streamlining intake of asylum seekers. Sec. 504. Prioritizing prosecution resources for illegal entry. Sec. 505. Expanding alternatives to detention. Sec. 506. Eliminating immigration court backlogs. Sec. 507. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 508. New technology to improve court efficiency. Sec. 509. Court appearance compliance and legal orientation. Sec. 510. Improving court efficiency and reducing costs by increasing access to legal information. Sec. 511. Facilitating safe and efficient repatriation. TITLE VI—PROTECTING FAMILY VALUES AND MONITORING AND CARING FOR UNACCOMPANIED ALIEN CHILDREN AFTER AR- RIVAL. Sec. 601. Limitation on the separation of families. Sec. 602. Family reunification. Sec. 603. Prohibiting use of certain information. Sec. 604. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 605. Monitoring unaccompanied alien children. Sec. 606. Funding to school districts for unaccompanied alien children. Sec. 607. School enrollment. Sec. 608. Definitions. VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 4 •HR 3524 IH TITLE I—ADDRESSING THE 1 ROOT CAUSES OF MIGRATION 2 AND PROMOTING RULE OF 3 LAW, SECURITY, AND ECO- 4 NOMIC DEVELOPMENT IN 5 CENTRAL AMERICA 6 SEC. 101. UNITED STATES STRATEGY FOR ENGAGEMENT IN 7 CENTRAL AMERICA. 8 (a) IN GENERAL.—Not later than 90 days after the 9 date of the enactment of this Act, the Secretary of State 10 shall submit to Congress a 5-year, interagency strategy, 11 to be known as the ‘‘United States Strategy for Engage- 12 ment in Central America’’ (hereinafter referred to as the 13 ‘‘Strategy’’), to advance reforms in Central American 14 countries and address the key factors contributing to the 15 flight of families, unaccompanied alien children, and other 16 individuals to the United States. 17 (b) ELEMENTS.—The Strategy under subsection (a) 18 shall include efforts to— 19 (1) strengthen the rule of law, improve access 20 to justice, bolster the effectiveness and independence 21 of judicial systems and public prosecutors’ offices, 22 and improve the effectiveness of civilian police 23 forces; 24 VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 5 •HR 3524 IH (2) combat corruption and improve public sec- 1 tor transparency; 2 (3) confront and counter the violence, extortion 3 and other crimes perpetrated by armed criminal 4 gangs, illicit trafficking organizations, and organized 5 crime, and disrupt recruitment efforts by such orga- 6 nizations; 7 (4) disrupt money laundering and other illicit 8 financial operations of criminal networks, armed 9 gangs, illicit trafficking organizations, and human 10 smuggling networks; 11 (5) strengthen democratic governance and pro- 12 mote greater respect for internationally recognized 13 human rights, labor rights, fundamental freedoms, 14 and the media, including through the protection of 15 human rights and environmental defenders, other 16 civil society activists, and journalists; 17 (6) enhance accountability for government offi- 18 cials, including police and security force personnel, 19 credibly alleged to have committed serious violations 20 of human rights or other crimes; 21 (7) enhance the capability of Central American 22 governments to protect and provide for vulnerable 23 and at-risk populations; 24 VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 6 •HR 3524 IH (8) address the underlying causes of poverty 1 and inequality, and the constraints to inclusive eco- 2 nomic growth in Central America; and 3 (9) prevent and respond to endemic levels of 4 sexual, gender-based, and domestic violence. 5 (c) COORDINATION AND CONSULTATION.—In formu- 6 lating the Strategy required under subsection (a), the Sec- 7 retary of State shall— 8 (1) coordinate with the Secretary of the Treas- 9 ury, the Secretary of Defense, the Secretary of 10 Homeland Security, the Attorney General, and the 11 Administrator of the United States Agency for 12 International Development; 13 (2) consult with the Director of National Intel- 14 ligence; and 15 (3) consult with national and local civil society 16 organizations in Central America and the United 17 States. 18 (d) SUPPORT FOR CENTRAL AMERICAN EFFORTS.— 19 To the degree feasible, the Strategy shall support or com- 20 plement efforts being carried out by the Governments of 21 El Salvador, Guatemala, and Honduras under the Plan 22 of the Alliance for Prosperity in the Northern Triangle 23 (hereinafter referred to as the ‘‘Plan’’), in coordination 24 VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 7 •HR 3524 IH with the Inter-American Development Bank and other bi- 1 lateral and multilateral donors. 2 (e) DEFINITIONS.—In this section— 3 (1) the term the ‘‘Plan of the Alliance for Pros- 4 perity in the Northern Triangle’’ means the plan de- 5 veloped by the Governments of El Salvador, Guate- 6 mala, and Honduras, with the technical assistance of 7 the Inter-American Development Bank, to address 8 national security priorities, including rule of law and 9 anti-corruption initiatives; and 10 (2) the term ‘‘unaccompanied alien child’’ has 11 the meaning given such term in section 269(g)(2) of 12 the Homeland Security Act of 2002. 13 SEC. 102. UNITED STATES COORDINATOR ON THE STRAT- 14 EGY FOR ENGAGEMENT IN CENTRAL AMER- 15 ICA. 16 (a) DESIGNATION.—Not later than 30 days after the 17 date of the enactment of this Act, the President shall des- 18 ignate a senior official to coordinate the Strategy. The of- 19 ficial shall report directly to the Secretary of State. 20 (b) DUTIES.—The official designated under sub- 21 section (a) shall coordinate all efforts, activities, and pro- 22 grams related to the United States Strategy for Engage- 23 ment in Central America, including the following: 24 VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 8 •HR 3524 IH (1) Coordinating with the Department of State, 1 the Department of Justice, the Department of De- 2 fense, the Department of the Treasury, the Depart- 3 ment of Homeland Security, the intelligence commu- 4 nity (as such term is defined in section 3(4) of the 5 National Security Act of 1947 (50 U.S.C. 3003(4))), 6 the United States Agency for International Develop- 7 ment, and international partners on efforts to— 8 (A) dismantle and disrupt criminal gangs, 9 illicit trafficking networks, illicit financial net- 10 works, human smuggling networks, and orga- 11 nized crime; 12 (B) combat corruption, and strengthen the 13 rule of law, democratic governance, and human 14 rights protections; and 15 (C) prevent and mitigate the effects of 16 criminal gangs and other criminal organizations 17 on vulnerable Central American populations. 18 (2) Coordinating with the Department of State, 19 the Department of Homeland Security, the United 20 States Agency for International Development, and 21 international partners, including the United Nations 22 High Commissioner for Refugees, to increase protec- 23 tions for vulnerable Central American populations, 24 VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 9 •HR 3524 IH improve refugee processing, and strengthen asylum 1 and migration systems throughout the region. 2 (3) Coordinating with the Department of State, 3 the Department of Agriculture, the United States 4 Agency for International Development, the Depart- 5 ment of Labor, the Overseas Private Investment 6 Corporation, the United States Trade and Develop- 7 ment Agency, and international partners, including 8 the Inter-American Development Bank, to strength- 9 en the foundation for inclusive economic growth and 10 improve food security, the investment climate, and 11 protections for labor rights. 12 (4) Coordinating with the Ambassador-at-Large 13 for Global Women’s Issues, the Senior Coordinator 14 for Gender Equality and Women’s Empowerment at 15 the United States Agency for International Develop- 16 ment, the President and Chief Executive Officer of 17 the Inter-American Foundation, and international 18 partners to develop and implement new community- 19 based interventions to combat sexual, gender-based, 20 and domestic violence. 21 (c) CONSULTATION.—The official designated under 22 subsection (a) shall consult multilateral organizations and 23 institutions, and domestic and international civil society 24 VerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524 jspears on DSK3GMQ082PROD with BILLS 10 •HR 3524 IH organizations, in strategy development and implementa- 1 tion. 2 SEC. 103. REQUIREMENT FOR STRATEGY TO SECURE SUP- 3 PORT OF INTERNATIONAL DONORS AND 4 PARTNERS. 5 (a) STRATEGY.—Not later than 90 days after the 6 date of the enactment of this Act, the Secretary of State 7 shall submit to the appropriate congressional committees 8 a 3-year strategy that— 9 (1) describes how the United States will secure 10 support from international donors and regional part- 11 ners to enhance the implementat [Text truncated for display. Full text available on Congress.gov.]