[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2772 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 527
113th CONGRESS
  2d Session
                                S. 2772

Making supplemental appropriations for the fiscal year ending September 
                   30, 2014, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2014

 Mr. Flake introduced the following bill; which was read the first time

                             August 1, 2014

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
Making supplemental appropriations for the fiscal year ending September 
                   30, 2014, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2014, and for 
other purposes, namely:

        DIVISION A--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$71,000,000, to remain available until September 30, 2015, for 
necessary expenses to apprehend, transport, and provide temporary 
shelter associated with the significant rise in unaccompanied alien 
children and alien adults accompanied by an alien minor at the 
Southwest Border of the United States, including related activities to 
secure the border, disrupt transnational crime, and the necessary 
acquisition, construction, improvement, repair, and management of 
facilities: Provided, That not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committees on Appropriations of the House of Representatives and 
the Senate an obligation and quarterly expenditure plan for these 
funds: Provided further, That the Secretary shall provide to such 
Committees quarterly updates on the expenditure of these funds.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$334,000,000, to remain available until September 30, 2015, for 
necessary expenses to respond to the significant rise in unaccompanied 
alien children and alien adults accompanied by an alien minor at the 
Southwest Border of the United States, including for enforcement of 
immigration and customs law, including detention and removal 
operations, of which $262,000,000 shall be for Custody Operations and 
$72,000,000 shall be for Transportation and Removal operations: 
Provided, That not later than 30 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate an obligation and quarterly expenditure plan for these funds: 
Provided further, That the Secretary shall provide to such Committees 
quarterly updates on the expenditure of these funds.

                     GENERAL PROVISIONS--THIS TITLE

                         (including rescission)

    Sec. 101.  Notwithstanding any other provision of law, none of the 
funds provided by this title shall be available for obligation or 
expenditure through a reprogramming or transfer of funds that proposes 
to use funds directed for a specific activity by either of the 
Committees on Appropriations of the House of Representatives or the 
Senate for a different purpose than for which the appropriations were 
provided: Provided, That prior to the obligation of such funds, a 
request for approval shall be submitted to such Committees.
    Sec. 102.  The Secretary of Homeland Security shall provide to the 
Congress quarterly reports that include: (1) the number of 
apprehensions at the border delineated by unaccompanied alien children 
and alien adults accompanied by an alien minor; (2) the number of 
claims of a credible fear of persecution delineated by unaccompanied 
alien children and alien adults accompanied by an alien minor, and the 
number of determinations of valid claims of a credible fear of 
persecution delineated by unaccompanied alien children and alien adults 
accompanied by an alien minor; (3) the number of unaccompanied alien 
children and alien adults accompanied by an alien minor granted asylum 
by an immigration judge, delineated by year of apprehension; (4) the 
number of alien adults accompanied by an alien minor in detention 
facilities, alternatives to detention, and other non-detention forms of 
supervision; and (5) the number of removals delineated by unaccompanied 
alien children and alien adults accompanied by an alien minor.
    Sec. 103.  Of the unobligated balance available for ``Department of 
Homeland Security--Federal Emergency Management Agency--Disaster Relief 
Fund'', $405,000,000 is rescinded: Provided, That no amounts may be 
rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to a concurrent resolution on a budget 
or the Balanced Budget and Emergency Deficit Control Act of 1985: 
Provided further, That no amounts may be rescinded from the amounts 
that were designated by the Congress as being for disaster relief 
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
    Sec. 104.  Notwithstanding any other provision of law, grants 
awarded under sections 2003 or 2004 of the Homeland Security Act of 
2002 (6 U.S.C. 604 and 605) using funds provided under the heading 
``Federal Emergency Management Agency--State and Local Programs'' in 
division F of Public Law 113-76, division D of Public Law 113-6, or 
division D of Public Law 112-74 may be used by State and local law 
enforcement and public safety agencies within local units of government 
along the Southwest Border of the United States for costs incurred 
during the award period of performance for personnel, overtime, travel, 
costs related to combating illegal immigration and drug smuggling, and 
costs related to providing humanitarian relief to unaccompanied alien 
children and alien adults accompanied by an alien minor who have 
entered the United States.

                                TITLE II

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$12,419,000, to remain available until September 30, 2015, for 
necessary expenses related to the Southwest Border of the United 
States.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $2,258,000, to remain available until September 30, 2015, for 
necessary expenses related to the Southwest Border of the United 
States.

                       OPERATION AND MAINTENANCE

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $15,807,000, to remain available until September 30, 
2015, for necessary expenses related to the Southwest Border of the 
United States.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $4,516,000, to remain available until September 30, 
2015, for necessary expenses related to the Southwest Border of the 
United States.

                     GENERAL PROVISION--THIS TITLE

                              (rescission)

    Sec. 201.  Of the unobligated balances of amounts appropriated in 
title II of division C of Public Law 113-76 for ``Operation and 
Maintenance, Defense-Wide'', $35,000,000 is hereby rescinded to reflect 
excess cash balances in Department of Defense Working Capital Funds.

                               TITLE III

                         DEPARTMENT OF JUSTICE

                         General Administration

                   administrative review and appeals

    For an additional amount for ``Administrative Review and Appeals'' 
for necessary expenses to respond to the significant rise in 
unaccompanied alien children and alien adults accompanied by an alien 
minor at the Southwest Border of the United States, $22,000,000, to 
remain available until September 30, 2015, of which $12,900,000 shall 
be for additional temporary immigration judges and related expenses, 
and $9,100,000 shall be for technology for judges to expedite the 
adjudication of immigration cases.

                     GENERAL PROVISION--THIS TITLE

                              (rescission)

    Sec. 301.  Of the unobligated balances available for ``Department 
of Justice--Legal Activities--Assets Forfeiture Fund'', $22,000,000 is 
hereby permanently rescinded.

                                TITLE IV

                     GENERAL PROVISIONS--THIS TITLE

                     Repatriation and Reintegration

    Sec. 401. (a) Repatriation and Reintegration.--Of the funds 
appropriated in titles III and IV of division K of Public Law 113-76, 
and in prior Acts making appropriations for the Department of State, 
foreign operations, and related programs, for assistance for the 
countries in Central America, up to $40,000,000 shall be made available 
for such countries for repatriation and reintegration activities: 
Provided, That funds made available pursuant to this section may be 
obligated notwithstanding subsections (c) and (e) of section 7045 of 
division K of Public Law 113-76.
    (b) Report.--Prior to the initial obligation of funds made 
available pursuant to this section, but not later than 15 days after 
the date of enactment of this Act, and every 90 days thereafter until 
September 30, 2015, the Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall submit to the appropriate congressional committees a 
report on the obligation of funds made available pursuant to this 
section by country and the steps taken by the government of each 
country to--
            (1) improve border security;
            (2) enforce laws and policies to stem the flow of illegal 
        entries into the United States;
            (3) enact laws and implement new policies to stem the flow 
        of illegal entries into the United States, including increasing 
        penalties for human smuggling;
            (4) conduct public outreach campaigns to explain the 
        dangers of the journey to the Southwest Border of the United 
        States and to emphasize the lack of immigration benefits 
        available; and
            (5) cooperate with United States Federal agencies to 
        facilitate and expedite the return, repatriation, and 
        reintegration of illegal migrants arriving at the Southwest 
        Border of the United States.
    (c) Suspension of Assistance.--The Secretary of State shall suspend 
assistance provided pursuant to this section to the government of a 
country if such government is not making significant progress on each 
item described in paragraphs (1) through (5) of subsection (b): 
Provided, That assistance may only be resumed if the Secretary reports 
to the appropriate congressional committees that subsequent to the 
suspension of assistance such government is making significant progress 
on each of the items enumerated in such subsection.
    (d) Notification Requirement.--Funds made available pursuant to 
this section shall be subject to the regular notification procedures of 
the Committees on Appropriations of the House of Representatives and 
the Senate.

                              (rescission)

    Sec. 402.  Of the unexpended balances available to the President 
for bilateral economic assistance under the heading ``Economic Support 
Fund'' from prior Acts making appropriations for the Department of 
State, foreign operations, and related programs, $197,000,000 is 
rescinded: Provided, That no amounts may be rescinded from amounts that 
were designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 or as an 
emergency requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE V

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'', 
$197,000,000, to be merged with and available for the same time period 
and for the same purposes as the funds made available under this 
heading in division H of Public Law 113-76 ``for carrying out such 
sections 414, 501, 462, and 235'': Provided, That of this amount, 
$47,000,000 shall be for the Social Services and Targeted Assistance 
programs.
     This division may be cited as the ``Secure the Southwest Border 
Supplemental Appropriations Act, 2014''.

          DIVISION B--SECURE THE SOUTHWEST BORDER ACT OF 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Secure the 
Southwest Border Act of 2014''.
    (b) Table of Contents.--The table of contents for this division is 
as follows:

Sec. 1. Short title; table of contents.
                      TITLE I--PROTECTING CHILDREN

Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Expedited due process and screening of unaccompanied alien 
                            children.
Sec. 103. Due process protections for unaccompanied alien children 
                            present in the United States.
Sec. 104. Emergency immigration judge resources.
Sec. 105. Protecting children from human traffickers, sex offenders, 
                            and other criminals.
Sec. 106. Inclusion of additional grounds for per se ineligibility for 
                            asylum.
       TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY

Sec. 201. National Guard support for border operations.
       TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION

Sec. 301. Prohibition on actions that impede border security on certain 
                            Federal land.
Sec. 302. Sense of Congress on placement of unauthorized aliens at 
                            military installations.

                      TITLE I--PROTECTING CHILDREN

SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    Section 235(a) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
            (1) in paragraph (2)--
                    (A) by amending the paragraph heading to read as 
                follows: ``Rules for unaccompanied alien children'';
                    (B) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``who is a national or habitual 
                resident of a country that is contiguous with the 
                United States''; and
                    (C) in subparagraph (C)--
                            (i) by amending the subparagraph heading to 
                        read as follows: ``Agreements with foreign 
                        countries''; and
                            (ii) in the matter preceding clause (i), by 
                        striking ``countries contiguous to the United 
                        States'' and inserting ``Canada, El Salvador, 
                        Guatemala, Honduras, Mexico, and any other 
                        foreign country that the Secretary determines 
                        appropriate''; and
            (2) in paragraph (5)(D)--
                    (A) in the subparagraph heading, by striking 
                ``Placement in removal proceedings'' and inserting 
                ``Expedited due process and screening for unaccompanied 
                alien children'';
                    (B) in the matter preceding clause (i), by striking 
                ``, except for an unaccompanied alien child from a 
                contiguous country subject to the exceptions under 
                subsection (a)(2), shall be--'' and inserting ``who 
                meets the criteria listed in paragraph (2)(A)--'';
                    (C) by striking clause (i) and inserting the 
                following:
                            ``(i) shall be placed in a proceeding in 
                        accordance with section 235B of the Immigration 
                        and Nationality Act, which shall commence not 
                        later than 7 days after the screening of an 
                        unaccompanied alien child described in 
                        paragraph (4);'';
                    (D) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively;
                    (E) by inserting after clause (i) the following:
                            ``(ii) may not be placed in the immediate 
                        custody of a nongovernmental sponsor or 
                        otherwise released from the custody of the 
                        United States Government until the child is 
                        repatriated unless the child is the subject of 
                        an order under section 235B(e)(1) of the 
                        Immigration and Nationality Act;'';
                    (F) in clause (iii), as redesignated, by inserting 
                ``is'' before ``eligible''; and
                    (G) in clause (iv), as redesignated, by inserting 
                ``shall be'' before ``provided''.

SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Amendments to Immigration and Nationality Act.--
            (1) In general.--Chapter 4 of the Immigration and 
        Nationality Act is amended by inserting after section 235A the 
        following:

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING FOR 
              UNACCOMPANIED ALIEN CHILDREN.

    ``(a) Defined Term.--In this section, the term `asylum officer' had 
the meaning given such term in section 235(b)(1)(E) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(E)).
    ``(b) Proceeding.--
            ``(1) In general.--Not later than 7 days after the 
        screening of an unaccompanied alien child under section 
        235(a)(4) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), 
        an immigration judge shall conduct a proceeding to inspect, 
        screen, and determine the status of an unaccompanied alien 
        child who is an applicant for admission to the United States.
            ``(2) Time limit.--Not later than 72 hours after the 
        conclusion of a proceeding with respect to an unaccompanied 
        alien child under this section, the immigration judge who 
        conducted such proceeding shall issue an order pursuant to 
        subsection (e).
    ``(c) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The immigration 
        judge conducting a proceeding under this section--
                    ``(A) shall administer oaths, receive evidence, and 
                interrogate, examine, and cross-examine the alien and 
                any witnesses;
                    ``(B) may issue subpoenas for the attendance of 
                witnesses and presentation of evidence; and
                    ``(C) is authorized to sanction by civil money 
                penalty any action (or inaction) in contempt of the 
                judge's proper exercise of authority under this Act.
            ``(2) Form of proceeding.--A proceeding under this section 
        may take place--
                    ``(A) in person;
                    ``(B) at a location agreed to by the parties, in 
                the absence of the alien;
                    ``(C) through video conference; or
                    ``(D) through telephone conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of an alien's mental incompetency for the alien to be present 
        at the proceeding, the Attorney General shall prescribe 
        safeguards to protect the rights and privileges of the alien.
            ``(4) Rights of the alien.--In a proceeding under this 
        section--
                    ``(A) the alien shall be given the privilege of 
                being represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings;
                    ``(B) the alien shall be given a reasonable 
                opportunity--
                            ``(i) to examine the evidence against the 
                        alien;
                            ``(ii) to present evidence on the alien's 
                        own behalf; and
                            ``(iii) to cross-examine witnesses 
                        presented by the Government;
                    ``(C) the rights set forth in subparagraph (B) 
                shall not entitle the alien--
                            ``(i) to examine such national security 
                        information as the Government may proffer in 
                        opposition to the alien's admission to the 
                        United States; or
                            ``(ii) to an application by the alien for 
                        discretionary relief under this Act; and
                    ``(D) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
            ``(5) Withdrawal of application for admission.--In the 
        discretion of the Attorney General, an alien applying for 
        admission to the United States may, and at any time, be 
        permitted to withdraw such application and immediately be 
        returned to the alien's country of nationality or country of 
        last habitual residence.
            ``(6) Consequences of failure to appear.--Any alien who 
        fails to appear at a proceeding required under this section, 
        shall be ordered removed in absentia if the Government 
        establishes by a preponderance of the evidence that the alien 
        was at fault for their absence from the proceedings.
    ``(d) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of a 
                proceeding under this section, the immigration judge 
                shall determine whether an unaccompanied alien child is 
                likely to be--
                            ``(i) admissible to the United States; or
                            ``(ii) eligible for any form of relief from 
                        removal under this Act.
                    ``(B) Evidence.--The determination of the 
                immigration judge under subparagraph (A) shall be based 
                only on the evidence produced at the hearing.
            ``(2) Burden of proof.--
                    ``(A) In general.--In a proceeding under this 
                section, an alien who is an applicant for admission has 
                the burden of establishing, by a preponderance of the 
                evidence, that the alien--
                            ``(i) is likely to be entitled to be 
                        lawfully admitted to the United States or 
                        eligible for any form of relief from removal 
                        under this Act; or
                            ``(ii) is lawfully present in the United 
                        States pursuant to a prior admission.
                    ``(B) Access to documents.--In meeting the burden 
                of proof under subparagraph (A)(ii), the alien shall be 
                given access to--
                            ``(i) the alien's visa or other entry 
                        document, if any; and
                            ``(ii) any other records and documents, not 
                        considered by the Attorney General to be 
                        confidential, pertaining to the alien's 
                        admission or presence in the United States.
    ``(e) Orders.--
            ``(1) Placement in further proceedings.--If an immigration 
        judge determines that the unaccompanied alien child has met the 
        burden of proof under subsection (d)(2), the judge shall order 
        the alien to be placed in further proceedings in accordance 
        with section 240.
            ``(2) Orders of removal.--If an immigration judge 
        determines that the unaccompanied alien child has not met the 
        burden of proof required under subsection (d)(2), the judge 
        shall order the alien removed from the United States without 
        further hearing or review unless the alien claims--
                    ``(A) an intention to apply for asylum under 
                section 208; or
                    ``(B) a fear of persecution.
            ``(3) Claims for asylum.--If an unaccompanied alien child 
        described in paragraph (2) claims an intention to apply for 
        asylum under section 208 or a fear of persecution, the judge 
        shall order the alien referred for an interview by an asylum 
        officer under subsection (f).
    ``(f) Asylum Interviews.--
            ``(1) Defined term.--In this subsection, the term `credible 
        fear of persecution' has the meaning given such term in section 
        235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)(B)(v)).
            ``(2) Conduct by asylum officer.--An asylum officer shall 
        conduct interviews of aliens referred under subsection (e)(3).
            ``(3) Referral of certain aliens.--If the officer 
        determines at the time of the interview that an alien has a 
        credible fear of persecution, the alien shall be held in the 
        custody of the Secretary of Health and Human Services pursuant 
        to section 235(b) of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
        1232(b)) during further consideration of the application for 
        asylum.
            ``(4) Removal without further review if no credible fear of 
        persecution.--
                    ``(A) In general.--Subject to subparagraph (C), if 
                the asylum officer determines that an alien does not 
                have a credible fear of persecution the officer shall 
                order the alien removed from the United States without 
                further hearing or review.
                    ``(B) Record of determination.--The officer shall 
                prepare a written record of a determination under 
                subparagraph (A), which shall include--
                            ``(i) a summary of the material facts as 
                        stated by the applicant;
                            ``(ii) such additional facts (if any) 
                        relied upon by the officer;
                            ``(iii) the officer's analysis of why, in 
                        light of such facts, the alien has not 
                        established a credible fear of persecution; and
                            ``(iv) a copy of the officer's interview 
                        notes.
                    ``(C) Review of determination.--
                            ``(i) Rulemaking.--The Attorney General 
                        shall establish, by regulation, a process by 
                        which an immigration judge will conduct a 
                        prompt review, upon the alien's request, of a 
                        determination under subparagraph (A) that the 
                        alien does not have a credible fear of 
                        persecution.
                            ``(ii) Mandatory components.--The review 
                        described in clause (i)--
                                    ``(I) shall include an opportunity 
                                for the alien to be heard and 
                                questioned by the immigration judge, 
                                either in person or by telephonic or 
                                video connection; and
                                    ``(II) shall be conducted--
                                            ``(aa) as expeditiously as 
                                        possible;
                                            ``(bb) within the 24-hour 
                                        period beginning at the time 
                                        the asylum officer makes a 
                                        determination under 
                                        subparagraph (A), to the 
                                        maximum extent practicable; and
                                            ``(cc) in no case later 
                                        than 7 days after such 
                                        determination.
            ``(5) Mandatory protective custody.--Any alien subject to 
        the procedures under this subsection shall be held in the 
        custody of the Secretary of Health and Human Services pursuant 
        to section 235(b) of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
        1232(b))--
                    ``(A) pending a final determination of an asylum 
                application under section 208; or
                    ``(B) after a determination that the alien does not 
                have a credible fear of persecution, until the alien is 
                removed.
    ``(g) Limitation on Administrative Review.--
            ``(1) In general.--Except as provided in subsection 
        (f)(4)(C) and paragraph (2), a removal order entered in 
        accordance with subsection (e)(2) or (f)(4)(A) is not subject 
        to administrative appeal.
            ``(2) Rulemaking.--The Attorney General shall establish, by 
        regulation, a process for the prompt review of an order under 
        subsection (e)(2) against an alien who claims under oath, or as 
        permitted under penalty of perjury under section 1746 of title 
        28, United States Code, after having been warned of the penal 
        ties for falsely making such claim under such conditions to 
        have been--
                    ``(A) lawfully admitted for permanent residence;
                    ``(B) admitted as a refugee under section 207; or
                    ``(C) granted asylum under section 208.
    ``(h) Last In, First Out.--In any proceedings, determinations, or 
removals under this section, priority shall be accorded to the alien 
who has most recently arrived in the United States.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 235A 
        the following:

``Sec. 235B. Humane and expedited inspection and screening for 
                            unaccompanied alien children.''.
    (b) Judicial Review of Orders of Removal.--Section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, or an order 
                of removal issued to an unaccompanied alien child after 
                proceedings under section 235B'' after ``section 
                235(b)(1)''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``or section 235B'' after 
                        ``section 235(b)(1)'' each place it appears; 
                        and
                            (ii) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                inserting ``or 235b'' after ``section 
                                235(b)(1)''; and
                                    (II) in clause (iii), by striking 
                                ``section 235(b)(1)(B),'' and inserting 
                                ``section 235(b)(1)(B) or 235B(f);''; 
                                and
            (2) in subsection (e)--
                    (A) in the subsection heading, by inserting ``or 
                235B'' after ``Section 235(b)(1)'';
                    (B) by inserting ``or section 235B'' after 
                ``section 235(b)(1)'' in each place it appears;
                    (C) in subparagraph (2)(C), by inserting ``or 
                section 235B(g)'' after ``section 235(b)(1)(C)''; and
                    (D) in subparagraph (3)(A), by inserting ``or 
                section 235B'' after ``section 235(b)''.

SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOMPANIED ALIEN CHILDREN 
              PRESENT IN THE UNITED STATES.

    (a) Filing Authorized.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Homeland Security, 
notwithstanding any other provision of law, shall, at an immigration 
court designated to conduct proceedings under section 235B of the 
Immigration and Nationality Act, permit an unaccompanied alien child 
who was issued a Notice to Appear under section 239 of the Immigration 
and Nationality Act (8 U.S.C. 1229) during the period beginning on 
January 1, 2013, and ending on the date of the enactment of this Act--
            (1) to appear, in-person, before an immigration judge who 
        has been authorized by the Attorney General to conduct 
        proceedings under section 235B of the Immigration and 
        Nationality Act, as added by section 102;
            (2) to attest to their desire to apply for admission to the 
        United States; and
            (3) to file a motion--
                    (A) to replace any Notice to Appear issued between 
                January 1, 2013, and the date of the enactment of this 
                Act under section 239 of the Immigration and 
                Nationality Act (8 U.S.C. 1229); and
                    (B) to apply for admission to the United States by 
                being placed in proceedings under section 235B of the 
                Immigration and Nationality Act.
    (b) Motion Granted.--An immigration judge may, at the sole and 
unreviewable discretion of the judge, grant a motion filed under 
subsection (a)(3) upon a finding that--
            (1) the petitioner was an unaccompanied alien child (as 
        such term is defined in section 462 of the Homeland Security 
        Act of 2002 (6 U.S.C. 279)) on the date on which a Notice to 
        Appear described in subsection (a) was issued to the alien;
            (2) the Notice to Appear was issued during the period 
        beginning on January 1, 2013, and ending on the date of the 
        enactment of this Act;
            (3) the unaccompanied alien child is applying for admission 
        to the United States; and
            (4) the granting of such motion would not be manifestly 
        unjust.
    (c) Effect of Motion.--Notwithstanding any other provision of law, 
upon the granting of a motion to replace under subsection (b), the 
immigration judge who granted such motion shall--
            (1) while the petitioner remains in-person, immediately 
        inspect and screen the petitioner for admission to the United 
        States by conducting a proceeding under section 235B of the 
        Immigration and Nationality Act, as added by section 102;
            (2) immediately notify the petitioner of the petitioner's 
        ability, under section 235B(c)(5) of the Immigration and 
        Nationality Act to withdraw the petitioner's application for 
        admission to the United States and immediately be returned to 
        the petitioner's country of nationality or country of last 
        habitual residence; and
            (3) replace the petitioner's notice to appear with an order 
        under section 235B(e) of the Immigration and Nationality Act.
    (d) Protective Custody.--An unaccompanied alien child who has been 
granted a motion under subsection (b) shall be held in the custody of 
the Secretary of Health and Human Services pursuant to section 235 of 
the William Wilberforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232).

SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES.

    (a) Designation.--Not later than 14 days after the date of the 
enactment of this Act, the Attorney General shall designate up to 40 
immigration judges, including through the hiring of retired immigration 
judges, administrative law judges, or magistrate judges, or the 
reassignment of current immigration judges, that are dedicated to 
conducting humane and expedited inspection and screening for 
unaccompanied alien children under section 235B of the Immigration and 
Nationality Act, as added by section 102. Such designations shall 
remain in effect solely for the duration of the humanitarian crisis at 
the southern border (as determined by the Secretary of Homeland 
Security, in consultation with the Attorney General).
    (b) Requirement.--The Attorney General shall ensure that sufficient 
immigration judge resources are dedicated to the purpose described in 
subsection (a) to comply with the requirement under section 235B(b)(1) 
of the Immigration and Nationality Act.

SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX OFFENDERS, 
              AND OTHER CRIMINALS.

    Section 235(c)(3) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is 
amended--
            (1) in subparagraph (A), by inserting ``, including a 
        mandatory biometric criminal history check'' before the period 
        at the end; and
            (2) by adding at the end the following--
                    ``(D) Prohibition on placement with sex offenders 
                and human traffickers.--
                            ``(i) In general.--The Secretary of Health 
                        and Human Services may not place an 
                        unaccompanied alien child in the custody of an 
                        individual who has been convicted of--
                                    ``(I) a sex offense (as defined in 
                                section 111 of the Sex Offender 
                                Registration and Notification Act (42 
                                U.S.C. 16911)); or
                                    ``(II) a crime involving a severe 
                                form of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102)).
                            ``(ii) Requirements of criminal background 
                        check.--A biometric criminal history check 
                        under subparagraph (A) shall be based on a set 
                        of fingerprints or other biometric identifiers 
                        and conducted through--
                                    ``(I) the Federal Bureau of 
                                Investigation; and
                                    ``(II) criminal history 
                                repositories of all States that the 
                                individual lists as current or former 
                                residences.''.

SEC. 106. INCLUSION OF ADDITIONAL GROUNDS FOR PER SE INELIGIBILITY FOR 
              ASYLUM.

    Section 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(2)(A)(iii)) is amended by inserting after ``a serious 
nonpolitical crime'' the following: ``(including any drug-related 
offense punishable by a term of imprisonment greater than 1 year)''.

       TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY

SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPERATIONS.

    (a) Deployment Authority and Funding.--Amounts appropriated for the 
Department of Defense in this Act shall be expended for any units or 
personnel of the National Guard deployed to perform operations and 
missions under section 502(f) of title 32, United States Code, on the 
southern border of the United States.
    (b) Assignment of Operations and Missions.--
            (1) In general.--National Guard units and personnel 
        deployed under subsection (a) may be assigned such operations 
        as may be necessary to provide assistance for operations on the 
        southern border, with priority given to high traffic areas 
        experiencing the highest number of crossings by unaccompanied 
        alien children.
            (2) Nature of duty.--The duty of National Guard personnel 
        performing operations and missions on the southern border shall 
        be full-time duty under title 32, United States Code.
    (c) Materiel and Logistical Support.--The Secretary of Defense 
shall deploy such materiel and equipment and logistical support as may 
be necessary to ensure success of the operations and missions conducted 
by the National Guard under this section.
    (d) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be 
included in--
            (1) the calculation to determine compliance with limits on 
        end strength for National Guard personnel; or
            (2) limits on the number of National Guard personnel that 
        may be placed on active duty for operational support under 
        section 115 of title 10, United States Code.
    (e) High Traffic Areas Defined.--In this section:
            (1) The term ``high traffic areas'' means sectors along the 
        northern and southern borders of the United States that are 
        within the responsibility of the Border Patrol that have the 
        most illicit cross-border activity, informed through 
        situational awareness.
            (2) The term ``unaccompanied alien child'' means a child 
        who--
                    (A) has no lawful immigration status in the United 
                States;
                    (B) has not attained 18 years of age; and
                    (C) with respect to whom--
                            (i) there is no parent or legal guardian in 
                        the United States; or
                            (ii) no parent or legal guardian in the 
                        United States is available to provide care and 
                        physical custody.

       TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION

SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN 
              FEDERAL LAND.

    (a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of the United 
States border with Mexico that is under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agriculture, to execute 
search and rescue operations, and to prevent all unlawful entries into 
the United States, including entries by terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other contraband 
through such international land border of the United States. These 
authorities of U.S. Customs and Border Protection on such Federal land 
apply whether or not a state of emergency exists.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to 
Federal land within 100 miles of the United States border with Mexico 
that is under the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture for purposes of conducting the following 
activities on such land that prevent all unlawful entries into the 
United States, including entries by terrorists, other unlawful aliens, 
instruments of terrorism, narcotics, and other contraband through such 
international land border of the United States:
            (1) Construction and maintenance of roads.
            (2) Construction and maintenance of barriers.
            (3) Use of vehicles to patrol, apprehend, or rescue.
            (4) Installation, maintenance, and operation of 
        communications and surveillance equipment and sensors.
            (5) Deployment of temporary tactical infrastructure.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        shall be considered to apply to all Federal land under the 
        jurisdiction of the Secretary of the Interior or the Secretary 
        of Agriculture within 100 miles of such international land 
        border of the United States for the activities of U.S. Customs 
        and Border Protection described in subsection (b).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et 
        seq.), the Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
        and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
        General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 
        1a-1 et seq.), sections 401(7), 403, and 404 of the National 
        Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
    (d) Protection of Legal Uses.--This section shall not be construed 
to provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.
    (e) Effect on State and Private Land.--This Act shall--
            (1) have no force or effect on State or private lands; and
            (2) not provide authority on or access to State or private 
        lands.
    (f) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.

SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAUTHORIZED ALIENS AT 
              MILITARY INSTALLATIONS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of Defense should not allow the placement 
        of unauthorized aliens at a military installation unless--
                    (A) the Secretary submits written notice to the 
                congressional defense committees and each Member of 
                Congress representing any jurisdiction in which an 
                affected military installation is situated; and
                    (B) the Secretary publishes notice in the Federal 
                Register;
            (2) the placement of unauthorized aliens at a military 
        institution should not displace active members of the Armed 
        Forces;
            (3) the placement of unauthorized aliens at a military 
        institution should not interfere with any mission of the 
        Department of Defense;
            (4) the Secretary of Health and Human Services should not 
        use a military installation for the placement of unauthorized 
        aliens unless all other facilities of the Department of Health 
        and Human Services are unavailable;
            (5) the Secretary of Health and Human Services should not 
        use a military installation for the placement of unauthorized 
        aliens for more than 120 days;
            (6) the Secretary of Health and Human Services should 
        ensure that all unauthorized alien children are vaccinated upon 
        arrival at a military installation as set forth in the 
        guidelines of the Office of Refugee Resettlement;
            (7) the Secretary of Health and Human Services should 
        ensure that all individuals under the supervision of the 
        Secretary with access to unauthorized alien children at a 
        military installation are properly cleared according to the 
        procedures set forth in the Victims of Child Abuse Act of 1990 
        (42 U.S.C. 13001 et seq.);
            (8) the Secretary of Health and Human Services should fully 
        comply with the provisions of the Victims of Child Abuse Act of 
        1990 (42 U.S.C. 13001 et seq.) with respect to background 
        checks and should retain full legal responsibility for such 
        compliance; and
            (9) in accordance with section 1535 of title 31, United 
        States Code (commonly referred to as the ``Economy Act''), the 
        Secretary of Health and Human Services should reimburse the 
        Secretary of Defense for all expenses incurred by the Secretary 
        of Defense in carrying out the placement of unauthorized aliens 
        at a military installation.
    (b) Definitions.--In this section:
            (1) The term ``congressional defense committees'' has the 
        meaning given that term in section 101(a)(16) of title 10, 
        United States Code.
            (2) The term ``Member of Congress'' has the meaning given 
        that term in section 1591(c)(1) of title 10, United States 
        Code.
            (3) The term ``military installation'' has the meaning 
        given that term in section 2801(c)(4) of title 10, United 
        States Code, but does not include an installation located 
        outside of the United States.
            (4) The term ``placement'' means the placement of an 
        unauthorized alien in either a detention facility or an 
        alternative to such a facility.
            (5) The term ``unauthorized alien'' means an alien 
        unlawfully present in the United States, but does not include a 
        dependent of a member of the Armed Forces.
                                                       Calendar No. 527

113th CONGRESS

  2d Session

                                S. 2772

_______________________________________________________________________

                                 A BILL

Making supplemental appropriations for the fiscal year ending September 
                   30, 2014, and for other purposes.

_______________________________________________________________________

                             August 1, 2014

            Read the second time and placed on the calendar