[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2773 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 528
113th CONGRESS
  2d Session
                                S. 2773

Making supplemental appropriations for the fiscal year ending September 
     30, 2014, for border security, law enforcement, humanitarian 
                  assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2014

 Mr. Cornyn (for himself, Mr. Grassley, and Mr. McConnell) 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, for border security, law enforcement, humanitarian 
                  assistance, 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

                                TITLE I

    DEPARTMENTS OF COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

                         Department of Justice

                         general administration

                   administrative review and appeals

    For an additional amount for ``Administrative Review and Appeals'', 
$63,200,000, to remain available until September 30, 2015, as follows:
            (1) $54,000,000 for the Executive Office for Immigration 
        Review to hire 54 Immigration Judge Teams, which shall be 
        trained and assigned to adjudicate juvenile cases.
            (2) $6,700,000 for the Executive Office for Immigration 
        Review for the purchase of video teleconferencing equipment, 
        digital audio recording devices, and other technology that will 
        enable expanded immigration courtroom capacity and capability.
            (3) $2,500,000 for the Executive Office for Immigration 
        Review's Legal Orientation Program, of which not less than 
        $1,000,000 shall be for the Legal Orientation Program for 
        Custodians:
          Provided, That not later than 15 days after the date of 
        enactment of this Act, the Executive Office for Immigration 
        Review shall submit a reorganization plan to the Committee on 
        Appropriations of the Senate and the Committee on 
        Appropriations of the House of Representatives that includes 
        detailed plans for prioritizing the adjudication of non-
        detained, unaccompanied alien children and specific plans to 
        reassign Immigration Judge Teams to expedite the adjudication 
        of juveniles on the non-detained docket:
          Provided further, That the submitted plan shall ensure that 
        juveniles will appear before an immigration judge for an 
        initial hearing not later than 10 days after the juvenile is 
        apprehended.

                            legal activities

            salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'', $1,100,000, for necessary expenses to respond to the 
significant rise in unaccompanied children and adults with children at 
the southwest border and related activities, to remain available until 
September 30, 2014.

                                TITLE II

                    DEPARTMENT OF HOMELAND SECURITY

                  U. S. Customs and Border Protection

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' to cover 
necessary expenses to respond to the significant rise in unaccompanied 
alien children and adults with children at the Southwest border and 
related activities, including the acquisition, construction, 
improvement, repair, and management of facilities, and for necessary 
expenses related to border security, $71,000,000, to remain available 
until September 30, 2015.

               U. S. Immigration and Customs Enforcement

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' to cover 
necessary expenses to respond to the significant rise in unaccompanied 
alien children and adults with children at the Southwest border and 
related activities, and for the necessary expenses for enforcement of 
immigration and customs law, detention and removals of adults with 
children crossing the border unlawfully, and investigations, 
$398,000,000, to remain available until September 30, 2015, of which, 
$50,000,000 shall be expended for 50 additional fugitive operations 
teams and not less than $14,000,000 shall be expended for vetted units 
operations in Central America and human smuggling and trafficking 
investigations: Provided, That the Secretary of Homeland Security shall 
support no fewer than an additional 3,000 family and 800 other beds and 
substantially increase the availability and utilization of detention 
space for adults with children.

                           general provisions

    Sec. 201. (a) For an additional amount for meeting the data 
collection and reporting requirements of this Act , $5,000,000.
    (b) Notwithstanding section 503 of Division F of the Consolidated 
Appropriations Act, 2014 (Public Law 113-76), funds made available 
under subsection (a) for data collection and reporting requirements may 
be transferred by the Secretary of Homeland Security between 
appropriations for the same purpose.
    (c) The Secretary may not make a transfer described in subsection 
(b) until 15 days after notifying the Committee on Appropriations of 
the Senate and the Committee on Appropriations of the House of 
Representatives of such transfer.

                               TITLE III

  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

                Department of Health and Human Services

                administration for children and families

                     refugee and entrant assistance

                     (including transfer of funds)

    For an additional amount for ``Refugee and Entrant Assistance'', 
$150,000,000, to be merged with and available for the same period and 
purposes as funds appropriated in Public Law 113-76 ``for carrying out 
such sections 414, 501, 462, and 235'':  Provided, That funds 
appropriated under this heading may also be used for other medical 
response expenses of the Department of Health and Human Services in 
assisting individuals identified under subsection (b) of such section 
235:  Provided further, That, the Secretary may, in this fiscal year 
and hereafter, accept and use money, funds, property, and services of 
any kind made available by gift, devise, bequest, grant, or other 
donation for carrying out such sections:  Provided further, That funds 
appropriated under this heading for medical response expenses may be 
transferred to and merged with the ``Public Health and Social Services 
Emergency Fund'':  Provided further, That transfer authority under this 
heading is subject to the regular notification procedures of the 
Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives.

                           general provisions

                              (rescission)

    Sec. 301.  Of the funds made available for performance bonus 
payments under section 2105(a)(3)(E) of the Social Security Act (42 
U.S.C. 1397ee(a)(3)(E)), $1,700,000,000 is rescinded.

                                TITLE IV

                     GENERAL PROVISIONS--THIS TITLE

                     Repatriation and Reintegration

    Sec. 401. (a) 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) 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) 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) Funds made available pursuant to this section shall be subject 
to the regular notification procedures of the Committee on 
Appropriations of the Senate and the Committee on Appropriations of 
House of Representatives and the Senate.

                                TITLE V

                     general provisions -- this act

    Sec. 501.  Not later than 30 days after the date of the enactment 
of this Act, the Attorney General, working in coordination with the 
Secretary of Homeland Security and the Secretary of Health and Human 
Services, shall institute a process for collecting, exchanging, and 
sharing specific data pertaining to individuals whose cases will be 
adjudicated by the Executive Office for Immigration Review that ensures 
that--
            (1) the Department of Justice is capable of electronically 
        receiving information from the Department of Homeland Security 
        and the Department of Health and Human Services related to the 
        apprehension, processing, detention, placement, and 
        adjudication of such individuals, including unaccompanied alien 
        children;
            (2) case files prepared by the Department of Homeland 
        Security after an individual has been issued a notice to appear 
        are electronically integrated with information collected by the 
        Department of Justice's Executive Office for Immigration Review 
        during the adjudication process;
            (3) cases are coded to reflect immigration status and 
        appropriate categories at apprehension, such as unaccompanied 
        alien children and family units;
            (4) information pertaining to cases and dockets are 
        collected and maintained by the Department of Justice in an 
        electronic, searchable database that includes--
                    (A) the status of the individual appearing before 
                the court upon apprehension;
                    (B) the docket upon which the case is placed;
                    (C) the individual's presence for court 
                proceedings;
                    (D) the final disposition of each case;
                    (E) the number of days each case remained on the 
                docket before final disposition; and
                    (F) any other information the Attorney General 
                determines to be necessary and appropriate; and
            (5) the final disposition of an adjudication or an order of 
        removal is electronically submitted to--
                    (A) the Department of Homeland Security; and
                    (B) the Department of Health and Human Services, if 
                appropriate.
    Sec. 502.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security, working in coordination 
with the Attorney General and the Secretary of Health and Human 
Services, shall institute a process for collecting, exchanging, and 
sharing specific data pertaining to individuals who are apprehended or 
encountered for immigration enforcement purposes by the Department of 
Homeland Security that ensures that--
            (1) case files prepared by the Department of Homeland 
        Security after an individual has been issued a notice to appear 
        are electronically transmitted to--
                    (A) the Department of Justice's Executive Office 
                for Immigration Review for integration with case files 
                prepared during the adjudication process; and
                    (B) to the Department of Health and Human Services, 
                as appropriate, if the files relate to unaccompanied 
                alien children;
            (2) the Department of Homeland Security is capable of 
        electronically receiving information pertaining to the 
        disposition of an adjudication, including removal orders and 
        the individual's failure to appear for proceedings, from the 
        Department of Justice's Executive Office for Immigration 
        Review; and
            (3) information is collected and shared with the Department 
        of Justice regarding the immigration status and appropriate 
        categories of such individuals at the time of apprehension, 
        such as--
                    (A) unaccompanied alien children or family units;
                    (B) the location of their apprehension;
                    (C) the number of days they remain in the custody 
                of the Department of Homeland Security;
                    (D) the reason for releasing the individual from 
                custody;
                    (E) the geographic location of their residence, if 
                released from custody;
                    (F) any action taken by the Department of Homeland 
                Security after receiving information from the 
                Department of Justice regarding an individual's failure 
                to appear before the court;
                    (G) any action taken by the Department of Homeland 
                Security after receiving information from the 
                Department of Justice regarding the disposition of an 
                adjudication; and
                    (H) any other information that the Secretary of 
                Homeland Security determines to be necessary and 
                appropriate.
    Sec. 503.  Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Health and Human Services, working in 
coordination with the Attorney General and the Secretary of Homeland 
Security, shall institute a process for collecting, exchanging, and 
sharing specific data pertaining to unaccompanied alien children that 
ensures that--
            (1) the Department of Health and Human Services is capable 
        of electronically receiving information from the Department of 
        Homeland Security and the Department of Justice related to the 
        apprehension, processing, placement, and adjudication of 
        unaccompanied alien children;
            (2) the Department of Health and Human Services shares 
        information with the Department of Homeland Security regarding 
        its capacity and capability to meet the 72-hour mandate 
        required under section 235(b)(3) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(b)(3)); and
            (3) information is collected and shared with the Department 
        of Justice and the Department of Homeland Security regarding--
                    (A) the number of days a child remained in the 
                custody of the Department of Health and Human Services;
                    (B) whether the child was placed in a facility 
                operated by the Department of Defense;
                    (C) for children placed with a sponsor--
                            (i) the number of children placed with the 
                        sponsor;
                            (ii) the relationship of the sponsor taking 
                        custody of the child;
                            (iii) the type of background check 
                        conducted on the potential sponsor; and
                            (iv) the geographic location of the 
                        sponsor; and
                    (D) any other information the Attorney General or 
                the Secretary of Homeland Security determines to be 
                necessary and appropriate.
    Sec. 504.  The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, shall be 
determined by reference to the latest statement titled ``Budgetary 
Effects of PAYGO Legislation'' for this Act, submitted for printing in 
the Congressional Record by the Chairman of the Senate Budget 
Committee, provided that such statement has been submitted prior to the 
vote on passage.
    Sec. 505.  This Act may be cited as the ``Protecting Children and 
America's Homeland Act of 2014''.

      DIVISION B--UNACCOMPANIED ALIEN CHILDREN AND BORDER SECURITY

                 TITLE X--UNACCOMPANIED ALIEN CHILDREN

Subtitle A--Protection and Due Process for Unaccompanied Alien Children

SEC. 1001. 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'';
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively;
            (3) inserting after paragraph (2) the following:
            ``(3) Mandatory expedited removal of criminals and gang 
        members.--Notwithstanding any other provision of law, the 
        Secretary of Homeland Security shall place an unaccompanied 
        alien child in a proceeding in accordance with section 235 of 
        the Immigration and Nationality Act (8 U.S.C. 1225a) if, the 
        Secretary determines or has reason to believe the alien--
                    ``(A) has been convicted of any offense carrying a 
                maximum term of imprisonment of more than 180 days;
                    ``(B) has been convicted of an offense which 
                involved--
                            ``(i) domestic violence (as defined in 
                        section 40002(a) of the Violence Against Women 
                        Act of 1994 (42 U.S.C. 13925(a));
                            ``(ii) child abuse and neglect (as defined 
                        in section 40002(a) of the Violence Against 
                        Women Act of 1994 (42 U.S.C. 13925(a));
                            ``(iii) assault resulting in bodily injury 
                        (as defined in section 2266 of title 18, United 
                        States Code);
                            ``(iv) the violation of a protection order 
                        (as defined in section 2266 of title 18, United 
                        States Code);
                            ``(v) driving while intoxicated (as defined 
                        in section 164 of title 23, United States 
                        Code); or
                            ``(vi) any offense under foreign law, 
                        except for a purely political offense, which, 
                        if the offense had been committed in the United 
                        States, would render the alien inadmissible 
                        under section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a));
                    ``(C) has been convicted of more than 1 criminal 
                offense (other than minor traffic offenses);
                    ``(D) has engaged in, is engaged in, or is likely 
                to engage after entry in any terrorist activity (as 
                defined in section 212(a)(3)(B)(iii) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)), or 
                intends to participate or has participated in the 
                activities of a foreign terrorist organization (as 
                designated under section 219 of the Immigration and 
                Nationality Act (8 U.S.C. 1189));
                    ``(E) is or was a member of a criminal gang (as 
                defined in paragraph (53) of section 101(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a));
                    ``(F) provided materially false, fictitious, or 
                fraudulent information regarding age or identity to the 
                United States Government with the intent to wrongfully 
                be classified as an unaccompanied alien child; or
                    ``(G) has entered the United States more than 1 
                time in violation of section 275(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1325(a)), knowing that 
                the entry was unlawful.''; and
            (4) in subparagraph (D) of paragraph (6), as redesignated 
        by paragraph (2)--
                    (A) by amending the subparagraph heading to read as 
                follows: ``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 custody of 
                        a nongovernmental sponsor or otherwise released 
                        from the immediate custody of the United States 
                        Government until the child is repatriated 
                        unless the child--
                                    ``(I) is the subject of an order 
                                under section 235B(e)(1) of the 
                                Immigration and Nationality Act; and
                                    ``(II) is placed or released in 
                                accordance with subsection (c)(2)(C) of 
                                this section.'';
                    (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. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Humane and Expedited Inspection and Screening for Unaccompanied 
Alien Children.--
            (1) In general.--Chapter 4 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
        inserting after section 235A the following:

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

    ``(a) Asylum Officer Defined.--In this section, the term `asylum 
officer' means an immigration officer who--
            ``(1) has had professional training in country conditions, 
        asylum law, and interview techniques comparable to that 
        provided to full-time adjudicators of applications under 
        section 208; and
            ``(2) is supervised by an officer who--
                    ``(A) meets the condition described in paragraph 
                (1); and
                    ``(B) has had substantial experience adjudicating 
                asylum applications.
    ``(b) Proceeding.--
            ``(1) In general.--Not later than 7 days after the 
        screening of an unaccompanied alien child under section 
        235(a)(5) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)), 
        an immigration judge shall conduct and conclude a proceeding to 
        inspect, screen, and determine the status of the 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 
                unaccompanied alien child and any witnesses;
                    ``(B) may issue subpoenas for the attendance of 
                witnesses and presentation of evidence;
                    ``(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; 
                and
                    ``(D) shall determine whether the unaccompanied 
                alien child meets any of the criteria set out in 
                subparagraphs (A) through (G) of paragraph (3) of 
                section 235(a) of the William Wilberforce Trafficking 
                Victims Protection Reauthorization Act of 2008 (8 
                U.S.C. 1232(a)), and if so, order the alien removed 
                under subsection (e)(2) of this section.
            ``(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 unaccompanied alien child;
                    ``(C) through video conference; or
                    ``(D) through telephone conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of the mental incompetency of the unaccompanied alien child 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 unaccompanied alien child 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 the 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.--An 
        unaccompanied alien child applying for admission to the United 
        States may, and at any time prior to the issuance of a final 
        order of removal, be permitted to withdraw the application and 
        immediately be returned to the alien's country of nationality 
        or country of last habitual residence.
            ``(6) Consequences of failure to appear.--An unaccompanied 
        alien child who does not attend a proceeding under this 
        section, shall be ordered removed, except under exceptional 
        circumstances where the alien's absence is the fault of the 
        Government, a medical emergency, or an act of nature.
    ``(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 unaccompanied alien child 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 immigration judge 
        shall--
                    ``(A) order the alien to be placed in further 
                proceedings in accordance with section 240; and
                    ``(B) order the Secretary of Homeland Security to 
                place the alien on the U.S. Immigration and Customs 
                Enforcement detained docket for purposes of carrying 
                out such proceedings.
            ``(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 
        immigration judge shall order the alien referred for an 
        interview by an asylum officer under subsection (f).
    ``(f) Asylum Interviews.--
            ``(1) Credible fear of persecution defined.--In this 
        subsection, the term `credible fear of persecution' means, 
        after taking into account the credibility of the statements 
        made by an unaccompanied alien child in support of the alien's 
        claim and such other facts as are known to the asylum officer, 
        there is a significant possibility that the alien could 
        establish eligibility for asylum under section 208.
            ``(2) Conduct by asylum officer.--An asylum officer shall 
        conduct the interviews of an unaccompanied alien child referred 
        under subsection (e)(3).
            ``(3) Referral of certain aliens.--If the asylum officer 
        determines at the time of the interview that an unaccompanied 
        alien child has a credible fear of persecution, the alien shall 
        be held in the custody of the Secretary for 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 unaccompanied 
                alien child does not have a credible fear of 
                persecution, the asylum officer shall order the alien 
                removed from the United States without further hearing 
                or review.
                    ``(B) Record of determination.--The asylum 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 alien;
                            ``(ii) such additional facts (if any) 
                        relied upon by the asylum officer;
                            ``(iii) the asylum 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 asylum 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 concluded as 
                                expeditiously as possible, to the 
                                maximum extent practicable within 24 
                                hours, but in no case later than 7 days 
                                after the date of the determination 
                                under subparagraph (A).
                    ``(D) Mandatory protective custody.--Any alien 
                subject to the procedures under this paragraph 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))--
                            ``(i) pending a final determination of an 
                        application for asylum under this subsection; 
                        and
                            ``(ii) after a determination under this 
                        subsection 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 in the first 
        section of the Immigration and Nationality Act 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 striking ``section 
                235(b)(1))'' and inserting ``section 235(b)(1) or an 
                order of removal issued to an unaccompanied alien child 
                after proceedings under section 235B''; 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)'' 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. 1003. EXPEDITED DUE PROCESS FOR UNACCOMPANIED ALIEN CHILDREN 
              PRESENT IN THE UNITED STATES.

    (a) Special Motions for Unaccompanied Alien Children.--
            (1) Filing authorized.--During the 60-day period beginning 
        on the date of the enactment of this Act, the Secretary of 
        Homeland Security shall, notwithstanding any other provision of 
        law, 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--
                    (A) 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 
                1002;
                    (B) to attest that the unaccompanied alien child 
                desires to apply for admission to the United States; 
                and
                    (C) to file a motion--
                            (i) to replace any notice to appear issued 
                        between January 1, 2013, and the date of the 
                        enactment of this Act under such section 239 
                        that has not resulted in a final order of 
                        removal; and
                            (ii) to apply for admission to the United 
                        States by being placed in proceedings under 
                        such section 235B.
            (2) Adjudication of motion.--An immigration judge may, at 
        the sole and unreviewable discretion of the judge, grant a 
        motion filed under paragraph (1)(C) upon a finding that--
                    (A) the petitioner was an unaccompanied alien child 
                (as defined in section 235 of the William Wilberforce 
                Trafficking Victims Protection Reauthorization Act of 
                2008 (8 U.S.C. 1232)) on the date on which a notice to 
                appear was issued to the alien under section 239 of the 
                Immigration and Nationality Act (8 U.S.C. 1229);
                    (B) 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;
                    (C) the unaccompanied alien child is applying for 
                admission to the United States; and
                    (D) the granting of such motion would not be 
                manifestly unjust.
            (3) Effect of motion.--Notwithstanding any other provision 
        of law, upon the granting of a motion to replace a notice to 
        appear under paragraph (2), the immigration judge who granted 
        such motion shall--
                    (A) 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 1002;
                    (B) 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
                    (C) replace the petitioner's notice to appear with 
                an order under section 235B(e) of the Immigration and 
                Nationality Act.
            (4) Protective custody.--An unaccompanied alien child who 
        has been granted a motion under paragraph (2) 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. 1004. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION SHARING.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by 
adding at the end the following:
            ``(5) Information sharing.--
                    ``(A) Immigration status.--If the Secretary of 
                Health and Human Services considers placement of an 
                unaccompanied alien child with a potential sponsor, the 
                Secretary of Homeland Security shall provide to the 
                Secretary of Health and Human Services the immigration 
                status of such potential sponsor prior to the placement 
                of the unaccompanied alien child.
                    ``(B) Other information.--The Secretary of Health 
                and Human Services shall provide to the Secretary of 
                Homeland Security and the Attorney General any relevant 
                information related to an unaccompanied alien child who 
                is or has been in the custody of the Secretary of 
                Health and Human Services, including the location of 
                the child and any person to whom custody of the child 
                has been transferred, for any legitimate law 
                enforcement objective, including enforcement of the 
                immigration laws.''.

SEC. 1005. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)), as amended 
by section 1004, is further amended by inserting at the end the 
following:
            ``(6) Inspection of facilities.--The Inspector General of 
        the Department of Health and Human Services shall conduct 
        regular inspections of facilities utilized by the Secretary of 
        Health and Human Services to provide care and custody of an 
        unaccompanied alien children who are in the immediate custody 
        of the Secretary to ensure that such facilities are operated in 
        the most efficient manner practicable.
            ``(7) Facility operations costs.--The Secretary of Health 
        and Human Services shall ensure that facilities utilized to 
        provide care and custody of unaccompanied alien children are 
        operated efficiently and at a rate of cost that is not greater 
        than $500 per day for each child housed or detained at such 
        facility, unless the Secretary certifies that compliance with 
        this requirement is temporarily impossible due to emergency 
        circumstances.''.

SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL REMOVAL 
              PROCEEDING.

    Section 235(c) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended--
            (1) in paragraph (2) by inserting at the end the following:
                    ``(C) Children in formal removal proceedings.--
                            ``(i) Limitation on placement.--An 
                        unaccompanied alien child who has been placed 
                        in a proceeding under section 240 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1229a) may not be placed in the custody of a 
                        nongovernmental sponsor or otherwise released 
                        from the immediate custody of the United States 
                        Government unless--
                                    ``(I) the nongovernmental sponsor 
                                is a biological or adoptive parent of 
                                the unaccompanied alien child;
                                    ``(II) the parent is legally 
                                present in the United States at the 
                                time of the placement;
                                    ``(III) the parent has undergone a 
                                mandatory biometric criminal history 
                                check; and
                                    ``(IV) the Secretary of Health and 
                                Human Services has determined that the 
                                unaccompanied alien child is not a 
                                danger to self, danger to the 
                                community, or risk of flight.
                            ``(ii) Exceptions.--If the Secretary of 
                        Health and Human Services determines that an 
                        unaccompanied alien child is a victim of severe 
                        forms of trafficking in persons (as defined in 
                        section 103 of the Trafficking Victims 
                        Protection Act of 2000 (22 U.S.C. 7102)), a 
                        special needs child with a disability (as 
                        defined in section 3 of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12102)), a 
                        child who has been a victim of physical or 
                        sexual abuse under circumstances that indicate 
                        that the child's health or welfare has been 
                        significantly harmed or threatened, or a child 
                        with mental health needs that require ongoing 
                        assistance from a social welfare agency, the 
                        unaccompanied alien child may be placed with a 
                        grandparent or adult sibling if the grandparent 
                        or adult sibling meets the requirements set out 
                        in subclauses (II), (III), and (IV) of clause 
                        (i).
                            ``(iii) Monitoring.--
                                    ``(I) In general.--An unaccompanied 
                                alien child who is 15, 16, or 17 years 
                                of age placed with a nongovernmental 
                                sponsor or, in the case of an 
                                unaccompanied alien child younger than 
                                15 years of age placed with a 
                                nongovernmental sponsor, such 
                                nongovernmental sponsor shall--
                                            ``(aa) enroll in the 
                                        alternative to detention 
                                        program of U.S. Immigration and 
                                        Customs Enforcement; and
                                            ``(bb) continuously wear an 
                                        electronic ankle monitor while 
                                        the unaccompanied alien child 
                                        is in removal proceedings.
                                    ``(II) Penalty for monitor 
                                tampering.--If an electronic ankle 
                                monitor required by subclause (I) is 
                                tampered with, the sponsor of the 
                                unaccompanied alien child shall be 
                                subject to a civil penalty of $150 for 
                                each day the monitor is not functioning 
                                due to the tampering, up to a maximum 
                                of $3,000.
                            ``(iv) Effect of violation of conditions.--
                        The Secretary of Health and Human Services 
                        shall remove an unaccompanied alien child from 
                        a sponsor if the sponsor violates the terms of 
                        the agreement specifying the conditions under 
                        which the alien was placed with the sponsor.
                            ``(v) Failure to appear.--
                                    ``(I) Civil penalty.--If an 
                                unaccompanied alien child is placed 
                                with a sponsor and fails to appear in a 
                                mandatory court appearance, the sponsor 
                                shall be subject to a civil penalty of 
                                $250 for each day until the alien 
                                appears in court, up to a maximum of 
                                $5,000.
                                    ``(II) Burden of proof.--The 
                                sponsor is not subject to the penalty 
                                imposed under subclause (I) if the 
                                sponsor--
                                            ``(aa) appears in person 
                                        and proves to the immigration 
                                        court that the failure to 
                                        appear by the unaccompanied 
                                        alien child was not the fault 
                                        of the sponsor; and
                                            ``(bb) supplies the 
                                        immigration court with 
                                        documentary evidence that 
                                        supports the assertion 
                                        described in item (aa).
                            ``(vi) Prohibition on placement with sex 
                        offenders and human traffickers.--The Secretary 
                        of Health and Human Services may not place an 
                        unaccompanied alien child under this 
                        subparagraph in the custody of an individual 
                        who has been convicted of, or the Secretary has 
                        reason to believe was otherwise involved in the 
                        commission of--
                                    ``(I) a sex offense (as defined in 
                                section 111 of the Sex Offender 
                                Registration and Notification Act (42 
                                U.S. 16911)); or
                                    ``(II) a crime involving severe 
                                forms of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102)).
                            ``(vii) Requirements of criminal background 
                        check.--A biometric criminal history check 
                        required by clause (i)(IV) shall be conducted 
                        using a set of fingerprints or other biometric 
                        identifier through--
                                    ``(I) the Federal Bureau of 
                                Investigation;
                                    ``(II) criminal history 
                                repositories of all States that the 
                                individual lists as current or former 
                                residences; and
                                    ``(III) any other State or Federal 
                                database or repository that the 
                                Secretary of Health and Human Services 
                                determines is appropriate.''.

SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF 
              UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of 
              unaccompanied alien children
    ``(a) In General.--It shall be unlawful for a person to obtain 
custody of an unaccompanied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)) by--
            ``(1) making any materially false, fictitious, or 
        fraudulent statement or representation; or
            ``(2) making or using any false writing or document knowing 
        the same to contain any materially false, fictitious, or 
        fraudulent statement or entry.
    ``(b) Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, this section shall be fined under this 
        title and imprisoned for not less than 1 year.
            ``(2) Enhanced penalty for trafficking.--If the primary 
        purpose of the violation, attempted violation, or conspiracy to 
        violate this section was to subject the child to sexually 
        explicit activity or any other form of exploitation, the 
        offender shall be fined under this title and imprisoned for not 
        less than 15 years.''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1040 the following:

``1041. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.''.

SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND MONITORING.

    (a) Notification.--Section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) is amended by adding at the end the following:
    ``(j) Notification to States.--
            ``(1) Prior to placement.--The Secretary of Homeland 
        Security or the Secretary of Health and Human Services shall 
        notify the Governor of a State not later than 48 hours prior to 
        the placement of an unaccompanied alien child from in custody 
        of such Secretary in the care of a facility or sponsor in such 
        State.
            ``(2) Initial reports.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary of Health and 
        Human Services shall submit a report to the Governor of each 
        State in which an unaccompanied alien child was discharged to a 
        sponsor or placed in a facility while remaining in the legal 
        custody of the Secretary during the period beginning October 1, 
        2013 and ending on the date of the enactment of the Protecting 
        Children and America's Homeland Act of 2014.
            ``(3) Monthly reports.--The Secretary of Health and Human 
        Services shall submit a monthly report to the Governor of each 
        State in which, during the reporting period, unaccompanied 
        alien children were discharged to a sponsor or placed in a 
        facility while remaining in the legal custody of the Secretary 
        of Health and Human Services.
            ``(4) Contents.--Each report required to be submitted to 
        the Governor of a State by paragraph (2) or (3) shall identify 
        the number of unaccompanied alien children placed in the State 
        during the reporting period, disaggregated by--
                    ``(A) the locality in which the aliens were placed; 
                and
                    ``(B) the age of the aliens.''.
    (b) Monitoring Requirement.--The Secretary of Health and Human 
Services shall--
            (1) require all sponsors to agree--
                    (A) to receive approval from the Secretary of 
                Health and Human Services prior to changing the 
                location in which the sponsor is housing an 
                unaccompanied alien child placed in the sponsor's 
                custody; and
                    (B) to provide a current address for the child and 
                the reason for the change of address;
            (2) provide regular and frequent monitoring of the physical 
        and emotional well-being of each unaccompanied alien child who 
        has been discharged to a sponsor or remained in the legal 
        custody of the Secretary until the child's immigration case is 
        resolved; and
            (3) not later than 60 days after the date of the enactment 
        of this Act, provide to Congress a plan for implementing the 
        requirement of paragraph (2).

SEC. 1009. 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 100 
immigration judges, including through the temporary or permanent hiring 
of retired immigration judges, magistrate judges, or administrative law 
judges, or the reassignment of current immigration judges, that are 
dedicated to--
            (1) conducting humane and expedited inspection and 
        screening for unaccompanied alien children under section 235B 
        of the Immigration and Nationality Act, as added by section 
        1002; or
            (2) reducing existing backlogs in immigration court 
        proceedings initiated under section 239 of the Immigration and 
        Nationality Act (8 U.S.C. 1229).
    (b) Requirement.--The Attorney General shall ensure that sufficient 
immigration judge resources are dedicated to the purpose described in 
subsection (a)(1) to comply with the requirement under section 
235B(b)(1) of the Immigration and Nationality Act, as added by section 
1002.

SEC. 1010. REPORTS TO CONGRESS.

    (a) Reports on Care of Unaccompanied Alien Child.--Not later than 
December 31, 2014 and September 30, 2015, the Secretary of Health and 
Human Services shall submit to Congress and make publically available a 
report that includes--
            (1) a detailed summary of the contracts in effect to care 
        for and house unaccompanied alien children, including the names 
        and locations of contractors and the facilities being used;
            (2) the cost per day to care for and house an unaccompanied 
        alien child, including an explanation of such cost;
            (3) the number of unaccompanied alien children who have 
        been released to a sponsor, if any;
            (4) a list of the States to which unaccompanied alien 
        children have been released from the custody of the Secretary 
        of Health and Human Services to the care of a sponsor or 
        placement in a facility;
            (5) the number of unaccompanied alien children who have 
        been released to a sponsor who is not lawfully present in the 
        United States, including the country of nationality or last 
        habitual residence and age of such children;
            (6) a determination of whether more than 1 unaccompanied 
        alien child has been released to the same sponsor, including 
        the number of children who were released to such sponsor;
            (7) an assessment of the extent to which the Secretary of 
        Health and Human Services is monitoring the release of 
        unaccompanied alien children, including home studies done and 
        ankle bracelets or other devices used;
            (8) an assessment of the extent to which the Secretary of 
        Health and Human Services is making efforts--
                    (A) to educate unaccompanied alien children about 
                their legal rights; and
                    (B) to provide unaccompanied alien children with 
                access to pro bono counsel; and
            (9) the extent of the public health issues of unaccompanied 
        alien children, including contagious diseases, the benefits or 
        medical services provided, and the outreach to States and 
        localities about public health issues, that could affect the 
        public.
    (b) Reports on Repatriation Agreements.--Not later than February 
31, 2015 and August 31, 2015, the Secretary of State shall submit to 
Congress and make publically available a report that--
            (1) describes--
                    (A) any repatriation agreement for unaccompanied 
                alien children in effect and a copy of such agreement; 
                and
                    (B) any such repatriation agreement that is being 
                considered or negotiated; and
            (2) describes the funding provided to the 20 countries that 
        have the highest number of nationals entering the United States 
        as unaccompanied alien children, including amounts provided--
                    (A) to deter the nationals of each country from 
                illegally entering the United States; and
                    (B) to care for or reintegrate repatriated 
                unaccompanied alien children in the country of 
                nationality or last habitual residence.
    (c) Reports on Returns to Country of Nationality.--Not later than 
December 31, 2014 and September 30, 2015, the Secretary of Homeland 
Security shall submit to Congress and make publically available a 
report that describes--
            (1) the number of unaccompanied alien children who have 
        voluntarily returned to their country of nationality or 
        habitual residence, disaggregated by--
                    (A) country of nationality or habitual residence; 
                and
                    (B) age of the unaccompanied alien children;
            (2) the number of unaccompanied alien children who have 
        been returned to their country of nationality or habitual 
        residence, including assessment of the length of time such 
        children were present in the United States;
            (3) the number of unaccompanied alien children who have not 
        been returned to their country of nationality or habitual 
        residence pending travel documents or other requirements from 
        such country, including how long they have been waiting to 
        return; and
            (4) the number of unaccompanied alien children who were 
        granted relief in the United States, whether through asylum or 
        any other immigration benefit.
    (d) Reports on Immigration Proceedings.--Not later than September 
30, 2015, and once every 3 months thereafter, the Director of the 
Executive Office for Immigration Review shall submit to Congress and 
make publically available a report that describes--
            (1) the number of unaccompanied alien children who, after 
        proceedings under section 235B of the Immigration and 
        Nationality Act, as added by section 1002, were returned to 
        their country of nationality or habitual residence, 
        disaggregated by--
                    (A) country of nationality or residence; and
                    (B) age and gender of such aliens;
            (2) the number of unaccompanied alien children who, after 
        proceedings under such section 235B, prove a claim of 
        admissibility and are place in proceedings under section 240 of 
        the Immigration and Nationality Act (8 U.S.C. 1229a);
            (3) the number of unaccompanied alien children who fail to 
        appear at a removal hearing that such alien was required to 
        attend;
            (4) the number of sponsors who were levied a penalty, 
        including the amount and whether the penalty was collected, for 
        the failure of an unaccompanied alien child to appear at a 
        removal hearing; and
            (5) the number of aliens that are classified as 
        unaccompanied alien children, the ages and countries of 
        nationality of such children, and the orders issued by the 
        immigration judge at the conclusion of proceedings under such 
        section 235B for such children.

Subtitle B--Cooperation With Countries of Nationality of Unaccompanied 
                             Alien Children

SEC. 1021. IN-COUNTRY REFUGEE PROCESSING.

    (a) Findings.--Congress makes the following findings:
            (1) Consistent with section 101(a)(42)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and 
        section 207(e) of such Act (8 U.S.C. 1157(e)), special 
        circumstances currently exist due to grave humanitarian 
        concerns throughout the travel, and attempts to travel, to the 
        United States by unaccompanied children sufficient to justify 
        and require, for fiscal years 2014 and 2015, the allowance of 
        processing of in-country refugee applications in El Salvador, 
        Guatemala, and Honduras in order to prevent such children from 
        undertaking the long and dangerous journey across Central 
        America and Mexico.
            (2) Grave humanitarian concerns exist due to--
                    (A) at least 60,000 unaccompanied children having 
                undertaken the long and dangerous journey to the United 
                States from Central America in fiscal year 2014 alone;
                    (B) substantial reports of unaccompanied children 
                becoming, during the course of their journey intended 
                for the United States, victims of--
                            (i) significant injury, including loss of 
                        limbs;
                            (ii) severe forms of violence;
                            (iii) death due to accident and intentional 
                        killing;
                            (iv) severe forms of human trafficking;
                            (v) kidnap for ransom; and
                            (vi) sexual assault and rape; and
                    (C) the likelihood that the vast majority of the 
                unaccompanied children seeking admission or immigration 
                relief, including through application as a refugee or 
                claims of asylum, do not qualify for such admission or 
                relief, and therefore will be repatriated.
            (3) While special circumstances currently exist to justify 
        in-country refugee application processing for El Salvador, 
        Guatemala, and Honduras, it is appropriate to determine the 
        admissibility of individuals applying for refugee status from 
        those countries according to current law and granting 
        administrative relief in instances in which refugee or asylum 
        applications are denied, or are expected to be denied, would 
        exacerbate the grave humanitarian concerns described in 
        paragraph (2) by further encouraging attempts at migration.
    (b) Authority for In-country Refugee Processing.--Notwithstanding 
section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(42)(B)), for fiscal years 2014 and 2015, the Secretary of 
State, in consultation with the Secretary of Homeland Security and the 
Director of the Office of Refugee Resettlement of the Department of 
Health and Human Services, shall process an application for refugee 
status--
            (1) for an alien who is a national of El Salvador, 
        Guatemala, or Honduras and is located in such country; or
            (2) in the case of an alien having no nationality, for an 
        alien who is habitually residing in such country and is located 
        in such country.
    (c) Rule of Construction.--Nothing in this section may be construed 
as a grant of immigration benefit or relief, nor as a change to 
existing law regarding the eligibility for any individual for such 
benefit or relief, other than to the extent refugee applications shall 
be permitted in-country in accordance with this section.

SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUNTRIES.

    Notwithstanding any other provision of law, the President, in 
determining the number of refugees who may be admitted under section 
207(a) of the Immigration and Nationality Act (8 U.S.C. 1157(a))--
            (1) for fiscal year 2014, may --
                    (A) allocate the unallocated reserve refugee number 
                set out in the Presidential Memorandum on Refugee 
                Admissions for Fiscal Year 2014 issued on October 2, 
                2013 to admit refugees from Central America; and
                    (B) allocate any unused admissions allocated to a 
                particular region for Central American refugee 
                admissions; and
            (2) for fiscal year 2015, shall include Central America 
        among the regional allocations included in the Presidential 
        determination for refugee admissions that fiscal year.

SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPATRIATION OF 
              UNACCOMPANIED ALIEN CHILDREN.

    (a) Certification.--
            (1) In general.--Subject to paragraph (2), on the date that 
        is 60 days after the date of the enactment of this Act, and 
        annually thereafter, the President shall make a certification 
        of whether the Government of El Salvador, Guatemala, or 
        Honduras--
                    (A) is actively working to reduce the number of 
                unaccompanied alien children from that country who are 
                attempting to migrate northward in order to illegally 
                enter the United States;
                    (B) is cooperating with the Government of the 
                United States to facilitate the repatriation of 
                unaccompanied alien children who are removed from the 
                United States and returned to their country of 
                nationality or habitual residence; and
                    (C) has negotiated or is actively negotiating an 
                agreement under section 235(a)(2)(C) of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)(C)), 
                as amended by section 1001.
            (2) Interim certification.--If prior to the date an annual 
        certification is required by paragraph (1) the President 
        determines the most recent such certification for the 
        Government of El Salvador, Guatemala, or Honduras is no longer 
        accurate, the President may make an accurate certification for 
        that country prior to such date.
    (b) Limitation on Assistance.--The Federal Government may not 
provide any assistance (other than security assistance) to El Salvador, 
Guatemala, or Honduras unless in the most recent certification for that 
country under subsection (a) is that the Government of El Salvador, 
Guatemala, or Honduras, respectively, meets the requirements of 
subparagraphs (A), (B), and (C) of subsection (a)(1).

                       TITLE XI--CRIMINAL ALIENS

SEC. 1101. ALIEN GANG MEMBERS.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
            ``(53)(A) The term `criminal gang' means an ongoing group, 
        club, organization, or association of 5 or more persons--
                    ``(i)(I) that has as 1 of its primary purposes the 
                commission of 1 or more of the criminal offenses 
                described in subparagraph (B); and
                    ``(II) the members of which engage, or have engaged 
                within the past 5 years, in a continuing series of 
                offenses described in subparagraph (B); or
                    ``(ii) that has been designated as a criminal gang 
                under section 220 by the Secretary of Homeland 
                Security, in consultation with the Attorney General, or 
                the Secretary of State.
            ``(B) The offenses described in this subparagraph, whether 
        in violation of Federal or State law or foreign law and 
        regardless of whether the offenses occurred before, on, or 
        after the date of the enactment of the Protecting Children and 
        America's Homeland Act of 2014, are the following:
                    ``(i) A `felony drug offense' (as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)).
                    ``(ii) An offense under section 274 (relating to 
                bringing in and harboring certain aliens), section 277 
                (relating to aiding or assisting certain aliens to 
                enter the United States), or section 278 (relating to 
                importation of alien for immoral purpose).
                    ``(iii) A crime of violence (as defined in section 
                16 of title 18, United States Code).
                    ``(iv) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(v) Any conduct punishable under sections 1028 
                and 1029 of title 18, United States Code (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), sections 
                1581 through 1594 of such title (relating to peonage, 
                slavery and trafficking in persons), section 1952 of 
                such title (relating to interstate and foreign travel 
                or transportation in aid of racketeering enterprises), 
                section 1956 of such title (relating to the laundering 
                of monetary instruments), section 1957 of such title 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), or 
                sections 2312 through 2315 of such title (relating to 
                interstate transportation of stolen motor vehicles or 
                stolen property).
                    ``(vi) A conspiracy to commit an offense described 
                in clauses (i) through (v).
            ``(C) Notwithstanding any other provision of law (including 
        any effective date), the term `criminal gang' applies 
        regardless of whether the conduct occurred before, on, or after 
        the date of the enactment of this paragraph.''.
    (b) Inadmissibility.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Aliens associated with criminal gangs.--Any 
                alien is inadmissible who a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason to believe--
                            ``(i) is or has been a member of a criminal 
                        gang; or
                            ``(ii) has participated in the activities 
                        of a criminal gang knowing or having reason to 
                        know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(G) Aliens associated with criminal gangs.--Any 
                alien is deportable who the Secretary of Homeland 
                Security or the Attorney General knows or has reason to 
                believe--
                            ``(i) is or has been a member of a criminal 
                        gang; or
                            ``(ii) has participated in the activities 
                        of a criminal gang knowing or having reason to 
                        know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        inserting after section 219 the following:

``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

    ``(a) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, or the Secretary of State may 
designate a group or association as a criminal gang if their conduct is 
described in section 101(a)(53) or if the group or association conduct 
poses a significant risk that threatens the security and the public 
safety of nationals of the United States or the national security, 
homeland security, foreign policy, or economy of the United States.
    ``(b) Effective Date.--A designation made under subsection (a) 
shall remain in effect until the designation is revoked after 
consultation between the Secretary of Homeland Security, the Attorney 
General, and the Secretary of State or is terminated in accordance with 
Federal law.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the Immigration and Nationality Act is amended by 
        inserting after the item relating to section 219 the following:

``220. Designation of criminal gangs.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by striking ``section 212(a)(3)(B)'' and 
                inserting ``paragraph (2)(J) or (3)(B) of section 
                212(a)''; and
                    (B) by striking ``237(a)(4)(B),'' and inserting 
                ``paragraph (2)(G) or (4)(B) of section 237(a),''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives on the number of 
        aliens detained under the amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
        amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 
                        (relating to participation in criminal gangs); 
                        or''.
    (g) Temporary Protected Status.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``States, or'' and 
                inserting ``States;'';
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time after 
                        admission has been, a member of a criminal 
                        gang.''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), by adding at the end the 
                following: ``The Secretary of Homeland Security may 
                detain an alien provided temporary protected status 
                under this section whenever appropriate under any other 
                provision of law.''.
    (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) 
is amended--
            (1) in subclause (I), by striking ``and'';
            (2) in subclause (II), by inserting ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is, or was at 
                                any time after admission has been, a 
                                member of a criminal gang shall be 
                                eligible for any immigration benefit 
                                under this subparagraph;''.
    (i) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 1102. MANDATORY EXPEDITED REMOVAL OF DANGEROUS CRIMINALS, 
              TERRORISTS, AND GANG MEMBERS.

    (a) In General.--Notwithstanding any other provision of law, an 
immigration officer who finds an alien described in subsection (b) at a 
land border or port of entry of the United States and determines that 
such alien is inadmissible under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) shall treat such alien in accordance with section 
235 of the Immigration and Nationality Act (8 U.S.C. 1225).
    (b) Threats to Public Safety.--An alien described in this 
subsection is an alien who the Secretary of Homeland Security 
determines, or has reason to believe--
            (1) has been convicted of any offense carrying a maximum 
        term of imprisonment of more than 180 days;
            (2) has been convicted of an offense which involved--
                    (A) domestic violence (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a));
                    (B) child abuse and neglect (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a));
                    (C) assault resulting in bodily injury (as defined 
                in section 2266 of title 18, United States Code);
                    (D) the violation of a protection order (as defined 
                in section 2266 of title 18, United States Code);
                    (E) driving while intoxicated (as defined in 
                section 164 of title 23, United States Code); or
                    (F) any offense under foreign law, except for a 
                purely political offense, which, if the offense had 
                been committed in the United States, would render the 
                alien inadmissible under section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a));
            (3) has been convicted of more than 1 criminal offense 
        (other than minor traffic offenses);
            (4) has engaged in, is engaged in, or is likely to engage 
        after entry in any terrorist activity (as defined in section 
        212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has 
        participated in the activities of a foreign terrorist 
        organization (as designated under section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189));
            (5) is or was a member of a criminal street gang (as 
        defined in paragraph (53) of section 101(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)), as added by section 
        1101(a)); or
            (6) has entered the United States more than 1 time in 
        violation of section 275(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1325(a)), knowing that the entry was unlawful.

SEC. 1103. FUGITIVE OPERATIONS.

    The Secretary of Homeland Security is authorized to hire 350 U.S. 
Immigration and Customs Enforcement detention officers that comprise 50 
Fugitive Operations Teams responsible for identifying, locating, and 
arresting fugitive aliens.

SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY UNITS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall increase the number of 
detention beds available for aliens placed in removal proceedings under 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by not less 
than 5,000, including such detention beds available for family units.

                       TITLE XII--BORDER SECURITY

SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRATION.

    No Federal funds or resources may be used to issue a new directive, 
memorandum, or Executive Order that provides for relief from removal or 
work authorization to a class of individuals who are not otherwise 
eligible for such relief under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) or such work authorization, including expanding 
deferred action for childhood arrivals.

SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL LANDS.

    (a) Definitions.--In this section:
            (1) Federal lands.--The term ``Federal lands'' includes all 
        land under the control of the Secretary concerned that is 
        located within the Southwest border region in the State of 
        Arizona along the international border between the United 
        States and Mexico.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
    (b) Support for Border Security Needs.--To achieve effective 
control of Federal lands--
            (1) the Secretary concerned, notwithstanding any other 
        provision of law, shall authorize and provide U.S. Customs and 
        Border Protection personnel with immediate access to Federal 
        lands for security activities, including--
                    (A) routine motorized patrols; and
                    (B) the deployment of communications, surveillance, 
                and detection equipment;
            (2) the security activities described in paragraph (1) 
        shall be conducted, to the maximum extent practicable, in a 
        manner that the Secretary determines will best protect the 
        natural and cultural resources on Federal lands; and
            (3) the Secretary concerned may provide education and 
        training to U.S. Customs and Border Protection personnel on the 
        natural and cultural resources present on individual Federal 
        land units.
    (c) Programmatic Environmental Impact Statement.--
            (1) In general.--After implementing subsection (b), the 
        Secretary, in consultation with the Secretaries concerned, 
        shall prepare and publish in the Federal Register a notice of 
        intent to prepare a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the 
        activities described in subsection (b).
            (2) Effect on processing application and special use 
        permits.--The pending completion of a programmatic 
        environmental impact statement under this section shall not 
        result in any delay in the processing or approving of 
        applications or special use permits by the Secretaries 
        concerned for the activities described in subsection (b).
            (3) Amendment of land use plans.--The Secretaries concerned 
        shall amend any land use plans, as appropriate, upon completion 
        of the programmatic environmental impact statement described in 
        paragraph (1).
            (4) Scope of programmatic environmental impact statement.--
        The programmatic environmental impact statement described in 
        paragraph (1)--
                    (A) may be used to advise the Secretary of Homeland 
                Security on the impact on natural and cultural 
                resources on Federal lands; and
                    (B) shall not control, delay, or restrict actions 
                by the Secretary of Homeland Security to achieve 
                effective control on Federal lands.
    (d) Intermingled State and Private Land.--This section shall not 
apply to any private or State-owned land within the boundaries of 
Federal lands.

SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE HUMANITARIAN CRISIS.

    (a) State and Local Assistance.--The Administrator of the Federal 
Emergency Management Agency shall enhance law enforcement preparedness, 
humanitarian responses, and operational readiness along the 
international border between the United States and Mexico through 
Operation Stonegarden.
    (b) Grants and Reimbursements.--
            (1) In general.--Amounts made available to carry out this 
        section shall be allocated for grants and reimbursements to 
        State and local governments in Border Patrol Sectors on the 
        along the international border between the United States and 
        Mexico for--
                    (A) costs personnel, overtime, and travel;
                    (B) costs related to combating illegal immigration 
                and drug smuggling; and
                    (C) costs related to providing humanitarian relief 
                to unaccompanied alien children and family units who 
                have entered the United States.
            (2) Funding for state and local governments.--Allocations 
        for grants and reimbursements to State and local governments 
        under this paragraph shall be made by the Administrator of the 
        Federal Emergency Management Agency through a competitive 
        process.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal years 2014 and 2015 such sums as may be 
necessary to carry out this section.

SEC. 1204. PREVENTING ORGANIZED SMUGGLING.

    (a) Unlawfully Hindering Immigration, Border, or Customs 
Controls.--
            (1) Amendment to title 18, united states code.--
                    (A) In general.--Chapter 27 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 556. Unlawfully hindering immigration, border, or customs 
              controls
    ``(a) Illicit Spotting.--Any person who knowingly transmits to 
another person the location, movement, or activities of any Federal, 
State, or tribal law enforcement agency with the intent to further a 
Federal crime relating to United States immigration, customs, 
importation of controlled substances, agriculture products, or monetary 
instruments, or other border controls shall be fined under this title, 
imprisoned not more than 10 years, or both.
    ``(b) Destruction of United States Border Controls.--Any person who 
knowingly and without lawful authorization destroys, alters, or damages 
any fence, barrier, sensor, camera, or other physical or electronic 
device deployed by the Federal Government to control the international 
border of the United States or a port of entry, or otherwise seeks to 
construct, excavate, or make any structure intended to defeat, 
circumvent or evade any such fence, barrier, sensor camera, or other 
physical or electronic device deployed by the Federal Government to 
control the international border of the United States or a port of 
entry--
            ``(1) shall be fined under this title, imprisoned not more 
        than 10 years, or both; and
            ``(2) if, at the time of the offense, the person uses or 
        carries a firearm or, in furtherance of any such crime, 
        possesses a firearm, shall be fined under this title, 
        imprisoned not more than 20 years, or both.
    ``(c) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) or (b) shall be punished in the same manner 
as a person who completes a violation of such subsection.''.
                    (B) Clerical amendment.--The table of sections for 
                chapter 27 of title 18, United States Code, is amended 
                by inserting after the item relating to section 555 the 
                following:

``556. Unlawfully hindering immigration, border, or customs 
                            controls.''.
            (2) Prohibiting carrying or use of a firearm during and in 
        relation to an alien smuggling crime.--Section 924(c) of title 
        18, United States Code, is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``, 
                        alien smuggling crime,'' after ``crime of 
                        violence'' each place such term appears; and
                            (ii) in subparagraph (D)(ii), by inserting 
                        ``, alien smuggling crime,'' after ``crime of 
                        violence''; and
                    (B) by adding at the end the following:
            ``(6) For purposes of this subsection, the term `alien 
        smuggling crime' means any felony punishable under section 
        274(a), 277, or 278 of the Immigration and Nationality Act (8 
        U.S.C. 1324(a), 1327, and 1328).''.
            (3) Statute of limitations.--Section 3298 of title 18, 
        United States Code, is amended by inserting ``556 (hindering 
        immigration, border, or customs controls), 1598 (organized 
        human smuggling),'' before ``1581''.
    (b) Organized Human Smuggling.--
            (1) Amendment to title 18, united states code.--Chapter 77 
        of title 18, United States Code, is amended by adding at the 
        end the following:
``Sec. 1598. Organized human smuggling
    ``(a) Prohibited Activities.--It shall be unlawful for any person, 
while acting for profit or other financial gain, to knowingly direct or 
participate in an effort or scheme to assist or cause 3 or more 
persons--
            ``(1) to enter, attempt to enter, or prepare to enter the 
        United States--
                    ``(A) by fraud, falsehood, or other corrupt means;
                    ``(B) at any place other than a port or place of 
                entry designated by the Secretary of Homeland Security; 
                or
                    ``(C) in a manner not prescribed by the immigration 
                laws and regulations of the United States;
            ``(2) to travel by air, land, or sea toward the United 
        States (whether directly or indirectly)--
                    ``(A) knowing that the persons seek to enter or 
                attempt to enter the United States without lawful 
                authority; and
                    ``(B) with the intent to aid or further such entry 
                or attempted entry; or
            ``(3) to be transported or moved outside of the United 
        States--
                    ``(A) knowing that such persons are aliens in 
                unlawful transit from 1 country to another or on the 
                high seas; and
                    ``(B) under circumstances in which the persons are 
                seeking to enter the United States without official 
                permission or legal authority.
    ``(b) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) shall be punished in the same manner as a 
person who completes a violation of such subsection.
    ``(c) Base Penalty.--Except as provided in subsection (d), any 
person who violates subsection (a) or (b) shall be fined under this 
title, imprisoned for not more than 20 years, or both.
    ``(d) Enhanced Penalties.--Any person who violates subsection (a) 
or (b)--
            ``(1) in the case of a violation causing a serious bodily 
        injury (as defined in section 1365) to any person, shall be 
        fined under this title, imprisoned for not more than 30 years, 
        or both;
            ``(2) in the case of a violation causing the life of any 
        person to be placed in jeopardy, shall be fined under this 
        title, imprisoned for not more than 30 years, or both;
            ``(3) in the case of a violation involving 10 or more 
        persons, shall be fined under this title, imprisoned for not 
        more than 30 years, or both;
            ``(4) in the case of a violation involving the bribery or 
        corruption of a United States or foreign government official, 
        shall be fined under this title, imprisoned for not more than 
        30 years, or both;
            ``(5) in the case of a violation involving robbery or 
        extortion (as such terms are defined in paragraph (1) or (2), 
        respectively, of section 1951(b)), shall be fined under this 
        title, imprisoned for not more than 30 years, or both;
            ``(6) in the case of a violation causing any person to be 
        subjected to an involuntary sexual act (as defined in section 
        2246(2)), shall be fined under this title, imprisoned for not 
        more than 30 years, or both;
            ``(7) in the case of a violation resulting in the death of 
        any person, shall be fined under this title, imprisoned for any 
        term of years or for life, or both;
            ``(8) in the case of a violation in which any alien is 
        confined or restrained, including by the taking of clothing, 
        goods, or personal identification documents, shall be fined 
        under this title, imprisoned for not more than 10 years, or 
        both; or
            ``(9) in the case of smuggling an unaccompanied alien child 
        (as defined in section 462(g)(2) of the Homeland Security Act 
        of 2002 (6 U.S.C. 279(g)(2)), shall be fined under this title 
        or imprisoned not more than 20 years.
    ``(e) Definitions.--In this section:
            ``(1) Effort or scheme to assist or cause 3 or more 
        persons.--The term `effort or scheme to assist or cause 3 or 
        more persons' does not require that the 3 or more persons 
        enter, attempt to enter, prepare to enter, or travel at the 
        same time if such acts are completed during a 1-year period.
            ``(2) Lawful authority.--The term `lawful authority'--
                    ``(A) means permission, authorization, or license 
                that is expressly provided for under the immigration 
                laws of the United States; and
                    ``(B) does not include--
                            ``(i) any authority described in 
                        subparagraph (A) that was secured by fraud or 
                        otherwise unlawfully obtained; or
                            ``(ii) any authority that was sought, but 
                        not approved.''.
            (2) Clerical amendment.--The table of sections for chapter 
        77 of title 18, United States Code, is amended by inserting 
        after the item relating to section 1597 the following:

``1598. Organized human smuggling.''.
    (c) Strategy to Combat Human Smuggling.--
            (1) High traffic areas of human smuggling defined.--In this 
        subsection, the term ``high traffic areas of human smuggling'' 
        means the United States ports of entry and areas between such 
        ports that have relatively high levels of human smuggling 
        activity, as measured by U.S. Customs and Border Protection.
            (2) Implementation.--Not later than 1 year after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall implement a strategy to deter, detect, and 
        interdict human smuggling across the international land and 
        maritime borders of the United States.
            (3) Components.--The strategy referred to in paragraph (2) 
        shall include--
                    (A) efforts to increase coordination between the 
                border and maritime security components of the 
                Department of Homeland Security;
                    (B) an identification of intelligence gaps impeding 
                the ability to deter, detect, and interdict human 
                smuggling across the international land and maritime 
                borders of the United States;
                    (C) efforts to increase information sharing with 
                State and local governments and other Federal agencies;
                    (D) efforts to provide, in coordination with the 
                Federal Law Enforcement Training Center, training for 
                the border and maritime security components of the 
                Department of Homeland Security to deter, detect, and 
                interdict human smuggling across the international land 
                and maritime borders of the United States; and
                    (E) the identification of the high traffic areas of 
                human smuggling.
            (4) Report.--
                    (A) In general.--Not later than 6 months after the 
                date of the enactment of this Act, the Secretary of 
                Homeland Security shall submit a report that describes 
                the strategy to be implemented under paragraph (2), 
                including the components listed in paragraph (3), to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate; and
                            (ii) the Committee on Homeland Security of 
                        the House of Representatives.
                    (B) Form.--The Secretary may submit the report 
                required under subparagraph (A) in classified form if 
                the Secretary determines that such form is appropriate.
            (5) Annual list of high traffic areas.--Not later than 
        February 1st of the first year beginning after the date of the 
        enactment of this Act, and annually thereafter, the Secretary 
        of Homeland Security shall submit a list of the high traffic 
        areas of human smuggling referred to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
                                                       Calendar No. 528

113th CONGRESS

  2d Session

                                S. 2773

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                                 A BILL

Making supplemental appropriations for the fiscal year ending September 
     30, 2014, for border security, law enforcement, humanitarian 
                  assistance, and for other purposes.

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                             August 1, 2014

            Read the second time and placed on the calendar