H.R. 5261 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5261 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Homeland Security and the Judiciary, 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 establish a North and Central American and Caribbean border security cooperation initiative, enhance the security of Mexico’s southern border, improve United States short term detention standards, and for other purposes. 1. Short title This Act may be cited as the Central American and USA Initiatives Act or the CAUSA Initiatives Act. 2. North and Central American border security cooperation initiative (a) Border security cooperation initiative (1) In general The Secretary of Homeland Security, in coordination with the Secretary of State and other appropriate United States officials, shall work with the appropriate officials of the Government of Canada and the Government of Mexico, in conjunction with representatives from the governments of Central American countries, to establish a program to— (A) assess the specific needs of Central American countries to maintain the security of the international borders of such countries; (B) determine the support needed by such countries from the United States, Canada, and Mexico, to meet such needs; and (C) assess the current structure for handling displaced minors and other vulnerable individuals in Central American countries and recommendations to improve such structure. (2) Consideration Any actions taken pursuant to this subsection by the individuals referred to in paragraph (1) shall be taken in accordance with the goals of advancing human rights and economic opportunities, as well as programming and support for the rule of law, good governance, and civil society. (b) Report The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessments and determination carried out in accordance with subsection (a). 3. Caribbean border security cooperation initiatives (a) In general The Secretary of Homeland Security, in cooperation with the Secretary of State, shall work with appropriate officials of the governments of the countries of the Caribbean to establish a program to assess the specific needs of such countries to address the unique challenges of maritime border security. (b) Report The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessment of needs carried out in accordance with subsection (a). 4. Enhancing the security of Mexico’s southern border (a) In general The Secretary of Homeland Security, in coordination with the Secretary of State, shall work with appropriate officials of the Government of Mexico to establish a program to assess the specific needs of Mexico to help secure Mexico’s southern border from undocumented aliens, drugs, weapons, and other contraband. Such plan shall include— (1) a comprehensive plan for the deployment and use of technology along the southern border of Mexico, which at a minimum shall contain— (A) an assessment of current technology capabilities along the southern border of Mexico; (B) a description of the research and development capabilities of the Government of Mexico, and collaboration between the Science and Technology Directorate of the Department of Homeland Security to help improve such capabilities; and (C) a description of Mexico’s technology needs to address southern border crossing transportation screening, including vehicle, pedestrian and rail screening; and (2) a comprehensive plan for the repatriation of migrants to their home countries, which at a minimum shall contain— (A) a description of the ways the Government of Mexico and the Government of the United States can coordinate with international non-governmental organizations to ensure humane repatriation methods are practiced; (B) a description of the training, personnel and equipment needed to implement such a repatriation program; and (C) an assessment of current and future land and rail ports of entry infrastructure that will be needed to maintain legitimate border activity along the southern border of Mexico. (b) Report The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessment of needs carried out in accordance with subsection (a). 5. Improving United States short term detention standards (a) Proper access to adequate facilities and personal needs upon or as soon as practicable following apprehension and during short term detention at Border Patrol processing centers The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall ensure that adequate facilities and sustaining needs, such as access to food and water, medical care and sanitary facilities, are provided to an individual apprehended and detained by a Border Patrol agent between ports of entry upon or as soon as practicable following the time of such apprehension or during subsequent short term detention. (b) Access to information on detainee rights at Border Patrol processing centers (1) In general The Secretary of Homeland Security, acting through Commissioner of U.S. Customs and Border Protection, shall ensure that an individual unlawfully present in the United States who is apprehended by a Border Patrol agent is promptly provided with information concerning such individual’s rights, including the right to contact a representative of such individual’s government for purposes of United States treaty obligations. (2) Form The information referred to in paragraph (1) may be provided either verbally or in writing by the apprehending Border Patrol agent, and shall be posted in the detention holding cell in which such individual is being held. The information shall be provided in a language understandable to such individual. (c) Documentation concerning repatriated individuals The Secretary of Homeland Security, acting through Commissioner of U.S. Customs and Border Protection, shall establish and maintain a database containing the following information relating to individuals unlawfully present in the United States who are apprehended and detained by Border Patrol agents: (1) Information on the location of apprehension. (2) Information on family members separated by the Border Patrol during apprehension or detention. (3) Information on the medical conditions of apprehended and detained individuals during short term detention. (4) Information on any personal property that was returned to the individual upon repatriation. (d) Daytime repatriation Repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence. (e) Short term detention defined In this section, the term short term detention means detention of an individual in a Border Patrol processing center for 72 hours or less, before repatriation of such individual to such individual’s country of nationality or last habitual residence. (f) Report Not later than 90 days after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the procurement process and standards of entities with which the Department of Homeland Security has contracts for the transportation and detention of individuals unlawfully present in the United States who are apprehended by agents or officers of the Department. Such report should also consider the operational efficiency of contracting out for the transportation and detention of individuals unlawfully present in the United States.