[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3540 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3540

 To provide a coordinated regional response to manage effectively the 
endemic violence and humanitarian crisis in El Salvador, Guatemala, and 
                               Honduras.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 2 (legislative day, September 28), 2018

 Mr. Schumer (for himself, Mr. Durbin, Mrs. Murray, Mr. Menendez, Mrs. 
   Feinstein, Mr. Carper, Ms. Heitkamp, Mr. Warner, Ms. Baldwin, Mr. 
 Murphy, Ms. Cortez Masto, Ms. Duckworth, Mrs. Gillibrand, Ms. Warren, 
  Ms. Hirono, Mr. Wyden, Mr. Booker, Mr. Van Hollen, Mr. Sanders, Mr. 
    Jones, Mr. Bennet, Mr. Blumenthal, Mr. Schatz, Mr. Markey, Ms. 
 Klobuchar, Mr. Cardin, Mr. Udall, Mr. Kaine, Mr. Reed, Mr. Leahy, and 
 Mr. Heinrich) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide a coordinated regional response to manage effectively the 
endemic violence and humanitarian crisis in El Salvador, Guatemala, and 
                               Honduras.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Central America 
Reform and Enforcement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
 TITLE I--ADVANCING REFORMS IN CENTRAL AMERICA TO ADDRESS THE FACTORS 
                           DRIVING MIGRATION

Subtitle A--Strengthening the Capacity of Central American Governments 
              To Protect and Provide for Their Own People

Sec. 111. United States Strategy for Engagement in Central America.
Sec. 112. Authorization of appropriations for United States Strategy 
                            for Engagement in Central America.
Sec. 113. Strengthening the rule of law and combating corruption.
Sec. 114. Combating criminal violence and improving citizen security.
Sec. 115. Tackling extreme poverty and advancing economic development.
   Subtitle B--Conditions, Limitations, and Certifications on United 
                           States Assistance

Sec. 121. Assistance funding available without condition.
Sec. 122. Conditions on assistance related to combating, smuggling, and 
                            providing for screening and safety of 
                            migrants.
Sec. 123. Conditions on assistance related to progress on specific 
                            issues.
Sec. 124. Additional limitations.
   Subtitle C--Effectively Coordinating United States Engagement in 
                            Central America

Sec. 131. United States Coordinator for Engagement in Central America.
Subtitle D--United States Leadership for Engaging International Donors 
                              and Partners

Sec. 141. Requirement for strategy to secure support of international 
                            donors and partners.
   TITLE II--CRACKING DOWN ON CRIMINAL GANGS, CARTELS, AND COMPLICIT 
                               OFFICIALS

Subtitle A--Strengthening Cooperation Among Law Enforcement Agencies To 
                    Target Smugglers and Traffickers

Sec. 211. Enhanced international cooperation to combat human smuggling 
                            and trafficking.
Sec. 212. Enhanced investigation and prosecution of human smuggling and 
                            trafficking.
Sec. 213. Information campaign on dangers of irregular migration.
 Subtitle B--Strengthening the Ability of the United States Government 
       To Crack Down on Smugglers, Traffickers, and Drug Cartels

Sec. 221. Enhanced penalties for organized smuggling schemes.
Sec. 222. Expanding financial sanctions on narcotics trafficking and 
                            money laundering.
Sec. 223. Support for FBI transnational anti-gang task forces for 
                            countering criminal gangs.
Sec. 224. Sense of Congress regarding the expansion of targeted 
                            sanctions related to corruption and human 
                            rights abuses.
 Subtitle C--Creating New Penalties for Hindering Immigration, Border, 
                          and Customs Controls

Sec. 231. Hindering immigration, border, and customs controls.
   TITLE III--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF 
   REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION AND BY 
                 STRENGTHENING REPATRIATION INITIATIVES

 Subtitle A--Providing Alternative Safe Havens in Mexico and the Region

Sec. 311. Strengthening internal asylum systems in Mexico and other 
                            countries.
Subtitle B--Expanding Refugee Processing in Mexico and Central America 
                     for Third Country Resettlement

Sec. 321. Expanding refugee processing in Mexico and Central America 
                            for third country resettlement.
      Subtitle C--Establishing Legal Channels to the United States

Sec. 331. Program to adjust the status of certain vulnerable refugees 
                            from Central America.
TITLE IV--MONITORING AND SUPPORTING UNACCOMPANIED ALIEN CHILDREN AFTER 
                        PROCESSING AT THE BORDER

Sec. 401. Definitions; authorization of appropriations.
Sec. 402. Family reunification.
Sec. 403. Authorization of appropriations.
   Subtitle A--Strengthening the Government's Ability To Oversee the 
    Safety and Well-Being of Children and Support Children Forcibly 
                     Separated From Their Families

Sec. 411. Health care in shelters for unaccompanied alien children.
Sec. 412. Services to unaccompanied alien children after placement.
Sec. 413. Background checks to ensure the safe placement of 
                            unaccompanied alien children.
Sec. 414. Responsibility of sponsor for immigration court compliance 
                            and child well-being.
Sec. 415. Monitoring unaccompanied alien children.
    Subtitle B--Funding to States and School Districts; Supporting 
                          Education and Safety

Sec. 421. Funding to States to conduct State criminal checks and child 
                            abuse and neglect checks.
Sec. 422. Unaccompanied alien children in schools.
    TITLE V--ENSURING ORDERLY AND HUMANE MANAGEMENT OF CHILDREN AND 
                      FAMILIES SEEKING PROTECTION

 Subtitle A--Providing a Fair and Efficient Legal Process for Children 
                 and Vulnerable Families Seeking Asylum

Sec. 511. Court appearance compliance and legal orientation.
Sec. 512. Fair day in court for kids.
Sec. 513. Access to counsel and legal orientation at detention 
                            facilities.
Sec. 514. Report on access to counsel.
Sec. 515. Authorization of appropriations.
      Subtitle B--Reducing Significant Delays in Immigration Court

Sec. 521. Eliminate immigration court backlogs.
Sec. 522. Improved training for immigration judges and members of the 
                            Board of Immigration Appeals.
Sec. 523. New technology to improve court efficiency.
Subtitle C--Reducing the Likelihood of Repeated Migration to the United 
                                 States

Sec. 531. Establishing reintegration and monitoring services for 
                            repatriating children.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 2008, incidents of murder, other violent crime, 
        and corruption perpetrated by criminal networks, armed gangs 
        and groups, and illicit trafficking organizations have remained 
        at alarmingly levels in El Salvador, Guatemala, and Honduras.
            (2) In 2017, El Salvador and Honduras--
                    (A) continued to be among the most violent 
                countries in Latin America and the world, with 60 and 
                42 murders for every 100,000 people, respectively; and
                    (B) were characterized by a high prevalence of 
                gang-related violence and crimes involving sexual and 
                gender-based violence.
            (3) El Salvador and Honduras are both among the top 3 
        countries in the world with the highest child homicide rates, 
        with more than 22 and 32 deaths per 100,000 children 
        respectively, according to the nongovernmental organization 
        Save the Children.
            (4) A November 2017 report by the United Nations 
        Development Programme and UN Women stated that femicide ``is 
        taking on a devastating magnitude and trend in Central America, 
        where 2 in every 3 women murdered, are killed because of their 
        gender.''.
            (5) Since 2014, elevated numbers of unaccompanied minors, 
        women, and other vulnerable individuals have fled violence in 
        Central America's Northern Triangle and left for the United 
        States in search of protection.
            (6) Unaccompanied minors emigrating from El Salvador, 
        Guatemala, and Honduras cite violence, forced gang recruitment, 
        extortion, poverty, and lack of opportunity as reasons for 
        leaving their home countries.
            (7) Challenges to the rule of law in the Northern Triangle 
        continue to be exacerbated by high levels of impunity related 
        to murders and violent crime. In 2015, approximately 95 percent 
        of murders taking place in Honduras and El Salvador remained 
        unresolved.
            (8) The presence of major drug trafficking organizations in 
        the Northern Triangle contributes to violence, corruption, and 
        criminality. According to the Department of State's 2017 
        International Narcotics Control Strategy Report, El Salvador, 
        Guatemala, and Honduras continue to be transit countries for 
        illicit drugs originating from countries in South America that 
        are destined for the United States.
            (9) In June 2018, the Office of the United Nations High 
        Commissioner for Human Rights found that in El Salvador, a 
        pattern of behavior among security personnel and weak 
        institutional responses may have resulted in extrajudicial 
        executions and excessive use of force, with official figures 
        indicating an alarming increase in the number of persons 
        (alleged gang-members) who have been killed by security 
        personnel.
            (10) Widespread public sector corruption in the Northern 
        Triangle undermines economic and social development and 
        directly affects regional political stability.
            (11) Human rights defenders, journalists, trade unionists, 
        social leaders, and LGBT activists in the Northern Triangle 
        face dire conditions, as evidenced by--
                    (A) the March 2016 murder of the prominent Honduran 
                environmental activist, Berta Caceres; and
                    (B) the ongoing targeted killing of civil society 
                leaders in all 3 countries in the Northern Triangle.
            (12) The Northern Triangle struggles with high levels of 
        economic insecurity. In 2016, 60.9 percent of Hondurans and 38 
        percent of Salvadorans lived below the poverty line. In 2014, 
        59.3 percent of Guatemalans lived below the poverty line.
            (13) Weak investment climates, low levels of tax 
        collection, and low levels of educational opportunity are 
        barriers to inclusive economic growth and social development in 
        the Northern Triangle.
            (14) In January 2018 and May 2018, the Trump Administration 
        announced the termination of Temporary Protected Status 
        designations for Honduras and El Salvador, respectively, which 
        would affect more than 500,000 individuals and their United 
        States citizen children who may have to return to dangerous 
        conditions in those countries.
            (15) In a November 2017 letter to the Department of 
        Homeland Security, then Secretary of State Rex Tillerson warned 
        that as a result of ending Temporary Protected Status, the 
        Governments of El Salvador and Honduras ``may take retaliatory 
        actions counter to our long-standing national security and 
        economic interests like withdrawing their counternarcotics and 
        anti-gang cooperation with the United States, reducing their 
        willingness to accept the return of their deported citizens, or 
        refraining from efforts to control illegal migration.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) United States support is necessary to address irregular 
        migration by addressing the violence and humanitarian crisis in 
        the Northern Triangle, which has resulted in the elevated 
        numbers of Central American unaccompanied children, women, and 
        other refugees and migrants arriving at the Southwestern border 
        of the United States;
            (2) the violence and humanitarian crisis is linked to the 
        severe challenges posed by--
                    (A) high rates of homicide, sexual and gender-based 
                violence, and violent crime perpetrated by armed 
                criminal actors, including drug trafficking 
                organizations and criminal gangs, such as the MS-13 and 
                18th Street gangs;
                    (B) endemic corruption carried out by organized 
                networks and the weak rule of law, including the 
                limited institutional capacity of national police 
                forces, public prosecutors, and court systems; and
                    (C) the limited capabilities and lack of political 
                will on the part of Northern Triangle governments to 
                establish the rule of law, guarantee security, and 
                ensure the well-being of their citizens;
            (3) the United States must work with international 
        partners--
                    (A) to address the complicated conditions in the 
                Northern Triangle that contribute to the violence and 
                humanitarian crisis; and
                    (B) to guarantee protections for vulnerable 
                populations, particularly women and children, fleeing 
                violence in the region;
            (4) the Plan of the Alliance for Prosperity in the Northern 
        Triangle, which was developed by the Governments of El 
        Salvador, Guatemala, and Honduras, with the technical 
        assistance of the Inter-American Development Bank, represents a 
        comprehensive approach to address the complex situation in the 
        Northern Triangle;
            (5) the United States Strategy for Engagement in Central 
        America, as first developed by President Obama and Vice 
        President Biden, provides important support for the Alliance 
        for Prosperity and other United States national security 
        priorities, including rule of law and anti-corruption 
        initiatives;
            (6) the Trump Administration's proposed cuts in United 
        States foreign assistance for Central America for fiscal years 
        2018 and 2019, if implemented, would undermine the United 
        States ability to work with the Governments of El Salvador, 
        Guatemala, and Honduras to address critical United States 
        national security priorities and the factors driving migration 
        to the United States;
            (7) the Trump Administration must reverse its decision to 
        terminate the Temporary Protected Status designations for El 
        Salvador and Honduras in order to prevent negative consequences 
        to United States foreign policy objectives;
            (8) the United States should partner with the Government of 
        Mexico--
                    (A) to strengthen Mexico's internal asylum system; 
                and
                    (B) ensure that Mexico upholds international and 
                humanitarian standards;
            (9) combating corruption in the Northern Triangle must 
        remain a critical priority and the United States must continue 
        its public and financial support for the United Nation's 
        Commission Against Impunity in Guatemala (CICIG) and the 
        Organization of American States' Mission to Support the Fight 
        Against Corruption and Impunity in Honduras (MACCIH) as part of 
        this effort;
            (10) the Government of Guatemala should reverse its 
        efforts--
                    (A) to terminate CICIG's mandate; and
                    (B) to undermine the effectiveness of CICIG's 
                ongoing operations, including prohibiting the current 
                CICIG Commissioner from entering the country; and
            (11) it is imperative for the United States to implement a 
        multi-year strategy and sustain a long-term commitment to 
        addressing the underlying factors causing Central Americans to 
        flee their countries by strengthening citizen security, the 
        rule of law, democratic governance, the protection of human 
        rights, and inclusive economic growth in the Northern Triangle.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (2) Northern triangle.--The term ``Northern Triangle'' 
        means El Salvador, Guatemala, and Honduras.
            (3) Placement.--The term ``placement'' means the placement 
        of an unaccompanied alien child with a sponsor.
            (4) Plan.--The term ``Plan'' means the Plan of the Alliance 
        for Prosperity in the Northern Triangle.
            (5) Sponsor.--The term ``sponsor'' means a sponsor referred 
        to in section 462(b)(4) of the Homeland Security Act of 2002 (6 
        U.S.C. 279(b)(4)).
            (6) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given the term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

 TITLE I--ADVANCING REFORMS IN CENTRAL AMERICA TO ADDRESS THE FACTORS 
                           DRIVING MIGRATION

Subtitle A--Strengthening the Capacity of Central American Governments 
              To Protect and Provide for Their Own People

SEC. 111. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to Congress 
a 7-year, interagency strategy, titled ``the United States Strategy for 
Engagement in Central America'', to advance reforms in Central American 
countries that address the factors driving migration.
    (b) Elements.--The strategy under subsection (a) shall include 
efforts to--
            (1) strengthen the rule of law, improve access to justice, 
        and bolster the effectiveness and independence of judicial 
        systems and public prosecutors' offices, and the effectiveness 
        of civilian police forces;
            (2) combat corruption and improve public sector 
        transparency;
            (3) confront and counter the violence and crime perpetrated 
        by armed criminal gangs, illicit trafficking organizations, and 
        organized crime;
            (4) disrupt money laundering operations and the illicit 
        financial operations of criminal networks, armed gangs, illicit 
        trafficking organizations, and human smugglers;
            (5) strengthen democratic governance and promote greater 
        respect for internationally recognized human rights, labor 
        rights, fundamental freedoms, and the media, including through 
        the protection of human rights and environmental defenders, 
        other civil society activists, and journalists;
            (6) enhance the capability of Central American governments 
        to protect and provide for vulnerable and at-risk populations;
            (7) address the underlying causes of poverty and 
        inequality;
            (8) address the constraints to inclusive economic growth in 
        Central America;
            (9) prevent and respond to endemic levels of sexual and 
        gender-based violence; and
            (10) enhance accountability for government officials, 
        including security force personnel, credibly alleged to have 
        committed gross violations of human rights or other crimes.
    (c) Coordination and Consultation.--In formulating the strategy 
under subsection (a), the Secretary of State shall--
            (1) coordinate with the Secretary of the Treasury, the 
        Secretary of Defense, the Secretary of Homeland Security, the 
        Attorney General, and the Administrator of the United States 
        Agency for International Development; and
            (2) consult with the Director of National Intelligence.
    (d) Support for Central American Efforts.--To the degree feasible, 
the strategy under subsection (a) shall support or complement efforts 
being carried out by the Governments of El Salvador, of Guatemala, and 
of Honduras under the Plan, in coordination with the Inter-American 
Development Bank and other bilateral and multilateral donors.
    (e) Prioritization.--The strategy under subsection (a) shall 
prioritize programs and initiatives to address the key factors in 
Central American countries that contribute to the flight of 
unaccompanied alien children and other individuals to the United 
States.

SEC. 112. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES STRATEGY 
              FOR ENGAGEMENT IN CENTRAL AMERICA.

    There are authorized to be appropriated $1,500,000,000 for fiscal 
year 2019 to carry out the strategy described in section 111.

SEC. 113. STRENGTHENING THE RULE OF LAW AND COMBATING CORRUPTION.

    (a) In General.--In advancing the strategy under section 111, of 
the amounts authorized to be appropriated pursuant to section 112, 
$550,000,000 are authorized to be made available to the Secretary of 
State and the Administrator of the United States Agency for 
International Development to strengthen the rule of law, combat 
corruption, consolidate democratic governance, and defend human rights.
    (b) Assistance for Central America.--The Secretary and the 
Administrator may use the amounts made available under subsection (a) 
to provide assistance for Central American countries through the 
activities described in subsection (c).
    (c) Authorized Activities.--Activities described in this section 
include--
            (1) strengthening the rule of law in Central American 
        countries by providing support for--
                    (A) the Office of the Attorney General, public 
                prosecutors, judges, and courts in each such country, 
                including the enhancement of their forensics 
                capabilities and services;
                    (B) reforms leading to independent, merit-based, 
                selection processes for judges and prosecutors, 
                independent internal controls, and relevant ethics and 
                professional training, including training on sexual and 
                gender-based violence;
                    (C) the improvement of victim and witness 
                protection and access to justice; and
                    (D) the reform and improvement of prison facilities 
                and management;
            (2) combating corruption by providing support for--
                    (A) inspectors general and oversight institutions, 
                including relevant training for inspectors and 
                auditors;
                    (B) international commissions against impunity, 
                including the International Commission Against Impunity 
                in Guatemala and the Support Mission Against Corruption 
                and Impunity in Honduras;
                    (C) civil society watchdogs conducting oversight of 
                executive branch officials and functions, police and 
                security forces, and judicial officials and public 
                prosecutors; and
                    (D) the enhancement of freedom of information 
                mechanisms;
            (3) consolidating democratic governance by providing 
        support for--
                    (A) the reform of civil services, related training 
                programs, and relevant career laws and processes that 
                lead to independent, merit-based, selection processes;
                    (B) national legislatures and their capacity to 
                conduct oversight of executive branch functions;
                    (C) the reform and strengthening of political party 
                and campaign finance laws and electoral tribunals; and
                    (D) local governments and their capacity to provide 
                critical safety, education, health, and sanitation 
                services to citizens; and
            (4) defending human rights by providing support for--
                    (A) human rights ombudsman offices;
                    (B) government protection programs that provide 
                physical protection to human rights defenders, 
                journalists, trade unionists, and civil society 
                activists at risk;
                    (C) civil society organizations that promote and 
                defend human rights, freedom of expression, freedom of 
                the press, labor rights, environmental protection, and 
                LGBT rights; and
                    (D) civil society organizations that address 
                sexual, domestic, and inter-partner violence against 
                women and protect victims of such violence.

SEC. 114. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY.

    (a) In General.--In advancing the strategy under section 111, of 
the amounts authorized to be appropriated pursuant to section 112, 
$550,000,000 are authorized to be made available to the Secretary of 
State and the Administrator of the United States Agency for 
International Development to counter the violence and crime perpetrated 
by armed criminal gangs, illicit trafficking organizations, and human 
smugglers.
    (b) Assistance for Central America.--The Secretary and the 
Administrator may use the amounts made available under subsection (a) 
to provide assistance for Central American countries through the 
activities described in subsection (c).
    (c) Authorized Activities.--Activities described in this section 
include--
            (1) professionalizing civilian police forces by providing 
        support for--
                    (A) the reform of personnel recruitment, vetting 
                and dismissal processes, including the enhancement of 
                polygraph capability for use in such processes;
                    (B) inspectors general and oversight offices, 
                including relevant training for inspectors and 
                auditors, and independent oversight mechanisms, as 
                appropriate;
                    (C) community policing policies and programs;
                    (D) the establishment of special vetted units;
                    (E) training and the development of protocols 
                regarding the appropriate use of force and human 
                rights;
                    (F) training on civilian intelligence collection 
                (including safeguards for privacy and basic civil 
                liberties), investigative techniques, forensic 
                analysis, and evidence preservation;
                    (G) training on the management of complex, multi-
                actor criminal cases; and
                    (H) equipment, such as nonintrusive inspection 
                equipment;
            (2) countering illicit trafficking by providing assistance 
        to the civilian law enforcement and armed forces of Central 
        American countries, including support for--
                    (A) the establishment of special vetted units;
                    (B) the enhancement of intelligence collection 
                capacity (including safeguards for privacy and basic 
                civil liberties);
                    (C) the reform of personnel recruitment, vetting, 
                and dismissal processes, including the enhancement of 
                polygraph capability for use in such processes; and
                    (D) port, airport, and border security systems, 
                including--
                            (i) computer infrastructure and data 
                        management systems;
                            (ii) secure communications technologies;
                            (iii) nonintrusive inspection equipment;
                            (iv) radar and aerial surveillance 
                        equipment;
                            (v) canine units; and
                            (vi) training on the equipment, 
                        technologies, and systems listed in clauses (i) 
                        through (v);
            (3) disrupting illicit financial networks, including by 
        providing support for--
                    (A) finance ministries, including the enhancement 
                of the capacity to use financial sanctions to block the 
                assets of individuals and organizations involved in 
                money laundering and the financing of armed criminal 
                gangs, illicit trafficking networks, human smugglers, 
                and organized crime;
                    (B) financial intelligence units, including the 
                establishment and enhancement of anti-money laundering 
                programs; and
                    (C) the reform of bank secrecy laws; and
            (4) improving crime prevention by providing support for--
                    (A) educational initiatives to reduce sexual and 
                gender-based violence;
                    (B) the enhancement of police and judicial capacity 
                to identify, investigate, and prosecute sexual and 
                gender-based violence;
                    (C) the enhancement of programs for at-risk and 
                criminal-involved youth, including the improvement of 
                community centers throughout El Salvador, Guatemala, 
                and Honduras; and
                    (D) alternative livelihood programs.
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) operational technology transferred to governments in 
        Central America for intelligence or law enforcement purposes 
        should be used solely for the purposes for which the technology 
        was intended;
            (2) the United States should take all necessary steps to 
        ensure that the use of operation technology described in 
        paragraph (1) is consistent with United States law, including 
        protections of freedom of expression, freedom of movement, and 
        freedom of association; and
            (3) the assistance to Central American armed forces 
        described in subsection (c)(2) should be limited to assistance 
        that relates to--
                    (A) the armed forces activities to combat illicit 
                maritime and riverine trafficking; and
                    (B) illicit trafficking occurring at national 
                borders.

SEC. 115. TACKLING EXTREME POVERTY AND ADVANCING ECONOMIC DEVELOPMENT.

    (a) In General.--Of the amounts authorized to be appropriated 
pursuant to section 112, $400,000,000 are authorized to be made 
available to the Secretary of State and the Administrator of the United 
States Agency for International Development to improve economic 
development and the underlying causes of poverty.
    (b) Assistance for Central America.--The Secretary and the 
Administrator may use the amounts made available under subsection (a) 
to provide assistance for Central American countries through the 
activities described in subsection (c).
    (c) Authorized Activities.--Activities described in this section 
include--
            (1) strengthening human capital, including by providing 
        support for--
                    (A) workforce development and entrepreneurship 
                training programs that are driven by market demand, 
                specifically programs that prioritize women, at-risk 
                youth, and minorities;
                    (B) improving early-grade literacy and the 
                improvement of primary and secondary school curricula;
                    (C) relevant professional training for teachers and 
                educational administrators; and
                    (D) educational policy reform and improvement of 
                education sector budgeting;
            (2) enhancing economic competitiveness and investment 
        climate by providing support for--
                    (A) small business development centers and programs 
                that strengthen supply chain integration;
                    (B) trade facilitation and customs harmonization 
                programs;
                    (C) reducing energy costs through investments in 
                clean technologies and the reform of energy policies 
                and regulations;
                    (D) the improvement of protections for investors, 
                including dispute resolution and arbitration 
                mechanisms; and
                    (E) the improvement of labor and environmental 
                standards, in accordance with the Dominican Republic-
                Central America Free Trade Agreement;
            (3) strengthening food security, including by providing 
        support for--
                    (A) small-scale agriculture, including--
                            (i) technical training;
                            (ii) initiatives that facilitate access to 
                        credit; and
                            (iii) policies and programs that 
                        incentivize government agencies and private 
                        institutions to buy from local producers;
                    (B) agricultural value chain development for 
                farming communities;
                    (C) nutrition programs to reduce childhood stunting 
                rates; and
                    (D) investment in scientific research on climate 
                change and climate resiliency; and
            (4) improving the state of fiscal and financial affairs, 
        including by providing support for--
                    (A) domestic revenue generation, including programs 
                to improve tax administration, collection, and 
                enforcement;
                    (B) strengthening public sector financial 
                management, including strategic budgeting and 
                expenditure tracking; and
                    (C) reform of customs and procurement policies and 
                processes.

   Subtitle B--Conditions, Limitations, and Certifications on United 
                           States Assistance

SEC. 121. ASSISTANCE FUNDING AVAILABLE WITHOUT CONDITION.

    The Secretary of State or the Administrator of the United States 
Agency for International Development, as appropriate, may obligate up 
to 25 percent of the amounts appropriated pursuant to section 112 that 
are made available for the Governments of El Salvador, Guatemala, and 
Honduras to carry out the United States Strategy for Engagement in 
Central America.

SEC. 122. CONDITIONS ON ASSISTANCE RELATED TO COMBATING, SMUGGLING, AND 
              PROVIDING FOR SCREENING AND SAFETY OF MIGRANTS.

    (a) Notification and Cooperation.--In addition to the amounts 
authorized to be made available under sections 121 and 123, 25 percent 
of the amounts appropriated pursuant to section 112 that are made 
available for assistance for the Governments of El Salvador, of 
Guatemala, and of Honduras may only be made available after the 
Secretary of State, in consultation with the Secretary of Homeland 
Security, consults with, and subsequently certifies and reports to the 
appropriate congressional committees that such governments are taking 
effective steps, in addition to steps taken during previous years, to--
            (1) combat human smuggling and trafficking, including 
        investigating, prosecuting, and increasing penalties for 
        individuals responsible for such crimes;
            (2) improve border security and border screening to detect 
        and deter illicit smuggling and trafficking, while respecting 
        the rights of individuals fleeing violence and seeking 
        humanitarian protection asylum, in accordance with 
        international law;
            (3) cooperate with United States Government agencies and 
        other governments in the region to facilitate the safe and 
        timely repatriation of migrants who do not qualify for refugee 
        or other protected status, in accordance with international 
        law;
            (4) improve reintegration services, in open partnership 
        with civil society organizations, for repatriated migrants in a 
        manner that ensures the safety and well-being of the individual 
        and reduces the likelihood of repeated migration to the United 
        States; and
            (5) cooperate with the United Nations High Commissioner for 
        Refugees to improve protections for, and the processing of, 
        vulnerable populations, particularly women and children fleeing 
        violence.

SEC. 123. CONDITIONS ON ASSISTANCE RELATED TO PROGRESS ON SPECIFIC 
              ISSUES.

    (a) Effective Implementation.--In addition to the amounts 
authorized to be obligated under sections 121 and 122, 50 percent of 
the amounts appropriated pursuant to section 112 that are made 
available for assistance for the Governments of El Salvador, of 
Guatemala, and of Honduras may only be made available after the 
Secretary consults with, and subsequently certifies and reports to, the 
appropriate congressional committees that such governments are taking 
effective steps in their respective countries, in addition to steps 
taken during the previous calendar year, to--
            (1) establish and ensure the proper functioning of an 
        autonomous, publicly accountable entity to provide oversight of 
        the Plan;
            (2) combat corruption, including investigating and 
        prosecuting government officials, military personnel, and 
        civilian police officers credibly alleged to be corrupt;
            (3) implement reforms and strengthen the rule of law, 
        including increasing the capacity and independence of the 
        judiciary and public prosecutors;
            (4) counter the activities of armed criminal gangs, illicit 
        trafficking networks, and organized crime;
            (5) establish and implement a plan to create a 
        professional, accountable civilian police force and curtail the 
        role of the military in internal policing;
            (6) investigate and prosecute, through the civilian justice 
        system, military and police personnel who are credibly alleged 
        to have violated human rights, and to ensure that the military 
        and the police are cooperating in such cases;
            (7) counter and prevent sexual and gender-based violence;
            (8) cooperate, as appropriate, with international human 
        rights entities and international commissions against impunity, 
        including the United Nation's Commission Against Impunity in 
        Guatemala (CICIG), the Organization of American States' Mission 
        to Support the Fight Against Corruption and Impunity in 
        Honduras (MACCIH), and any other similar entities that may be 
        established;
            (9) implement electoral and political reforms, including 
        reforms related to improving the transparency of financing 
        political campaigns and political parties;
            (10) protect the right of political opposition parties, 
        journalists, trade unionists, human rights defenders, and other 
        civil society activists to operate without interference;
            (11) increase government revenues, including by enhancing 
        tax collection, strengthening customs agencies, and reforming 
        procurement processes;
            (12) implement reforms to strengthen educational systems, 
        vocational training programs, and programs for at-risk youth;
            (13) resolve commercial disputes, including the 
        confiscation of real property, between United States entities 
        and the respective governments; and
            (14) implement a policy by which local communities, civil 
        society organizations (including indigenous and marginalized 
        groups), and local governments are consulted in the design, 
        implementation, and evaluation of the activities of the Plan 
        that affect such communities, organizations, or governments.
    (b) Additional Elements.--The Secretary of State may not certify 
that the Government of Guatemala is taking effective steps to address 
the issues listed in subsection (a) until after the Government of 
Guatemala--
            (1) extends the mandate of the International Commission 
        against Impunity in Guatemala (CICIG) beyond 2019; and
            (2) permits the CICIG Commissioner and CICIG staff to carry 
        out their work with government obstruction.
    (c) Exception.--The certification and reporting requirements under 
subsection (a) and section 122(a) shall not apply to the amounts 
appropriated pursuant to section 112 for assistance to the 
International Commission against Impunity in Guatemala and the Mission 
to Support the Fight against Corruption and Impunity in Honduras.

SEC. 124. ADDITIONAL LIMITATIONS.

    (a) Deportations and Repatriations.--None of the amounts authorized 
to be appropriated pursuant to section 112 may be used to assist in the 
deportation or repatriation of any foreign person from a third country 
to his or her country of origin or to another country.
    (b) Fund Transfers.--Notwithstanding any other provision of law, 
the Secretary of State may not transfer amounts appropriated for the 
Department of State to any account managed by the Department of 
Homeland Security for the purpose of assisting in the deportation or 
repatriation of any foreign person from a third country to his or her 
country of origin or to another country, absent a specific 
authorization from Congress for such transfer.

   Subtitle C--Effectively Coordinating United States Engagement in 
                            Central America

SEC. 131. UNITED STATES COORDINATOR FOR ENGAGEMENT IN CENTRAL AMERICA.

    (a) Designation.--Not later than 30 days after the date of the 
enactment of this Act, the President shall designate a senior official 
to coordinate all of the Federal Government's efforts, including 
coordination with international partners--
            (1) to strengthen citizen security, the rule of law, and 
        economic prosperity in Central America; and
            (2) to protect vulnerable populations in the region.
    (b) Supervision.--The official designated under subsection (a) 
shall report directly to the President.
    (c) Duties.--The official designated under subsection (a) shall 
coordinate all of the efforts, activities, and programs related to 
United States Strategy for Engagement in Central America, including--
            (1) coordinating with the Department of State, the 
        Department of Justice (including the Federal Bureau of 
        Investigation), the Department of Homeland Security, the 
        intelligence community, and international partners regarding 
        United States efforts to dismantle and disrupt armed criminal 
        gangs, illicit trafficking networks, and organized crime 
        responsible for high levels of violence, extortion, and 
        corruption in Central America;
            (2) coordinating with the Department of State, the United 
        States Agency for International Development, and international 
        partners regarding United States efforts to prevent and 
        mitigate the effects of violent criminal gangs and 
        transnational criminal organizations on vulnerable Central 
        American populations, including women and children;
            (3) coordinating with the Department of State, the 
        Department of Homeland Security, and international partners 
        regarding United States efforts to counter human smugglers 
        illegally transporting Central American migrants to the United 
        States;
            (4) coordinating with the Department of State, the 
        Department of Homeland Security, the United States Agency for 
        International Development, and international partners, 
        including the United Nations High Commissioner for Refugees, to 
        increase protections for vulnerable Central American 
        populations, improve refugee processing, and strengthen asylum 
        and migration systems throughout the region;
            (5) coordinating with the Department of State, the 
        Department of Defense, the Department of Justice (including the 
        Drug Enforcement Administration), the Department of the 
        Treasury, the intelligence community, and international 
        partners regarding United States efforts to combat illicit 
        narcotics traffickers, interdict transshipments of illicit 
        narcotics, and disrupt the financing of the illicit narcotics 
        trade;
            (6) coordinating with the Department of State, the 
        Department of the Treasury, the Department of Justice, the 
        intelligence community, the United States Agency for 
        International Development, and international partners regarding 
        United States efforts to combat corruption, money laundering, 
        and illicit financial networks;
            (7) coordinating with the Department of State, the 
        Department of Justice, the United States Agency for 
        International Development, and international partners regarding 
        United States efforts to strengthen the rule of law, democratic 
        governance, and human rights protections; and
            (8) coordinating with the Department of State, the 
        Department of Agriculture, the United States Agency for 
        International Development, the Overseas Private Investment 
        Corporation, the United States Trade and Development Agency, 
        the Department of Labor, and international partners, including 
        the Inter-American Development Bank, to strengthen the 
        foundation for inclusive economic growth and improve food 
        security, investment climate, and protections for labor rights.
    (d) Consultation.--The official designated under subsection (a) 
shall consult with Congress, multilateral organizations and 
institutions, foreign governments, and domestic and international civil 
society organizations.

Subtitle D--United States Leadership for Engaging International Donors 
                              and Partners

SEC. 141. REQUIREMENT FOR STRATEGY TO SECURE SUPPORT OF INTERNATIONAL 
              DONORS AND PARTNERS.

    (a) Defined Term.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Appropriations of the Senate;
            (3) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (4) the Committee on Appropriations of the House of 
        Representatives.
    (b) Strategy.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit a 3-year 
strategy to the appropriate congressional committees that--
            (1) describes how the United States will secure support 
        from international donors and regional partners (including 
        Colombia and Mexico) for the implementation of the Plan;
            (2) identifies governments that are willing to provide 
        financial and technical assistance for the implementation of 
        the Plan and a description of such assistance; and
            (3) identifies the financial and technical assistance to be 
        provided by multilateral institutions, including the Inter-
        American Development Bank, the World Bank, the International 
        Monetary Fund, the Andean Development Corporation--Development 
        Bank of Latin America, and the Organization of American States, 
        and a description of such assistance.
    (c) Diplomatic Engagement and Coordination.--The Secretary of 
State, in coordination with the Secretary of the Treasury, as 
appropriate, shall--
            (1) carry out diplomatic engagement to secure contributions 
        of financial and technical assistance from international donors 
        and partners in support of the Plan; and
            (2) take all necessary steps to ensure effective 
        cooperation among international donors and partners supporting 
        the Plan.
    (d) Report.--Not later than 1 year after submitting the strategy 
under subsection (b), and annually thereafter, the Secretary of State 
shall submit a report to the appropriate congressional committees that 
describes--
            (1) the progress made in implementing the strategy; and
            (2) the financial and technical assistance provided by 
        international donors and partners, including the multilateral 
        institutions listed in subsection (b)(3).
    (e) Briefings.--Upon a request from 1 of the appropriate 
congressional committees, the Secretary of State shall provide a 
briefing to such committee that describes the progress made in 
implementing the strategy submitted under subsection (b).

   TITLE II--CRACKING DOWN ON CRIMINAL GANGS, CARTELS, AND COMPLICIT 
                               OFFICIALS

Subtitle A--Strengthening Cooperation Among Law Enforcement Agencies To 
                    Target Smugglers and Traffickers

SEC. 211. ENHANCED INTERNATIONAL COOPERATION TO COMBAT HUMAN SMUGGLING 
              AND TRAFFICKING.

    The Secretary of State, in coordination with the heads of relevant 
Federal agencies, shall expand partnership efforts with law enforcement 
entities in El Salvador, Guatemala, Honduras, and Mexico seeking to 
combat human smuggling and trafficking in those countries, including--
            (1) the creation or expansion of transnational criminal 
        investigative units to identify, disrupt, and prosecute human 
        smuggling and trafficking operations;
            (2) participation by U.S. Immigration and Customs 
        Enforcement and the Department of Justice in the Bilateral 
        Human Trafficking Enforcement Initiative with their Mexican law 
        enforcement counterparts; and
            (3) advanced training programs for investigators and 
        prosecutors from El Salvador, Guatemala, Honduras, and Mexico.

SEC. 212. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING AND 
              TRAFFICKING.

    (a) In General.--The Attorney General and the Secretary of Homeland 
Security shall expand collaborative programs aimed at investigating and 
prosecuting human smugglers and traffickers targeting Central American 
children and families and operating at the southwestern border of the 
United States, including the continuation and expansion of anti-
trafficking coordination teams.
    (b) Homeland Security Investigations.--The Secretary of Homeland 
Security, in consultation with the Director of U.S. Immigration and 
Customs Enforcement, shall increase the resources available to Homeland 
Security Investigations to facilitate the expansion of its smuggling 
and trafficking investigations.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsections (a) 
and (b).

SEC. 213. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.

    (a) In General.--The Secretary of State, in consultation with the 
heads of relevant Federal agencies, shall design and implement public 
information campaigns in El Salvador, Guatemala, and Honduras--
            (1) to disseminate information about the dangers of travel 
        across Mexico to the United States; and
            (2) to combat misinformation about United States 
        immigration law or policy; and
            (3) to provide accurate information about the right to seek 
        asylum.
    (b) Elements.--The information campaigns implemented pursuant to 
subsection (a) shall, to the greatest extent possible--
            (1) be targeted at populations and localities with high 
        migration rates;
            (2) be in local languages;
            (3) employ a variety of communications media; and
            (4) be developed in consultation with program officials at 
        the Department of Homeland Security, the Department of State, 
        and other government, nonprofit, or academic entities in close 
        contact with migrant populations from El Salvador, Guatemala, 
        and Honduras, including repatriated migrants.

 Subtitle B--Strengthening the Ability of the United States Government 
       To Crack Down on Smugglers, Traffickers, and Drug Cartels

SEC. 221. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING SCHEMES.

    (a) In General.--Section 274(a)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
            (1) by redesignating clauses (iii) and (iv) as clauses (iv) 
        and (v), respectively;
            (2) by inserting after clause (ii) the following:
            ``(iii) in the case of a violation of subparagraph (A)(i) 
        during and in relation to which the person, while acting for 
        profit or other financial gain, knowingly directs or 
        participates in an effort or scheme to assist or cause 10 or 
        more persons (other than a parent, spouse, sibling, or child of 
        the offender) to enter or to attempt to enter the United States 
        at the same time at a place other than a designated port of 
        entry or place other than designated by the Secretary, be fined 
        under title 18, United States Code, imprisoned not more than 15 
        years, or both;''; and
            (3) in clause (iv), as redesignated, by inserting ``commits 
        or attempts to commit sexual assault of,'' after ``section 1365 
        of title 18, United States Code) to,''.
    (b) Bulk Cash Smuggling.--Section 5332(b)(1) of title 31, United 
States Code, is amended--
            (1) in the paragraph heading, by striking ``Term of 
        imprisonment'' and inserting ``In general''; and
            (2) by inserting ``, fined under title 18, or both'' after 
        ``5 years''.

SEC. 222. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND 
              MONEY LAUNDERING.

    (a) Findings.--Congress finds the following:
            (1) In July 2011, President Obama released ``Strategy to 
        Combat Transnational Organized Crime'', which articulates a 
        multidimensional response to combat transnational organized 
        crime, including drug trafficking networks, armed criminal 
        gangs, and money laundering.
            (2) The Strategy calls for expanded efforts to dismantle 
        illicit financial networks, including through maximizing the 
        use of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 
        1901 et seq.).
    (b) Financial Sanctions Expansion.--
            (1) In general.--The Secretary of the Treasury, the 
        Attorney General, the Secretary of State, the Secretary of 
        Defense, and the Director of Central Intelligence shall expand 
        investigations, intelligence collection, and analysis pursuant 
        to the Foreign Narcotics Kingpin Designation Act to increase 
        the identification and application of sanctions against--
                    (A) significant foreign narcotics traffickers, 
                their organizations and networks; and
                    (B) foreign persons who provide material, 
                financial, or technological support to such 
                traffickers, organizations, and networks.
            (2) Targets.--The activities described in paragraph (1) 
        shall specifically target foreign narcotics traffickers, their 
        organizations and networks, and the foreign persons who provide 
        material, financial, or technological support to such 
        traffickers, organizations, and networks that are present and 
        operating in Central America.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (b).

SEC. 223. SUPPORT FOR FBI TRANSNATIONAL ANTI-GANG TASK FORCES FOR 
              COUNTERING CRIMINAL GANGS.

    (a) Findings.--Congress finds that the Federal Bureau of 
Investigation's Transnational Anti-Gang Task Forces established in 2007 
in El Salvador, through cooperation between the FBI and the Department 
of State, to combat criminal gangs, including the MS-13 and 18th Street 
gangs, should be expanded.
    (b) Task Force Expansion.--The Director of the Federal Bureau of 
Investigation, in coordination with the Secretary of State, shall 
expand the efforts of the Transnational Anti-Gang Task Forces in El 
Salvador, Guatemala, and Honduras, including by--
            (1) expanding transnational criminal investigations focused 
        on criminal gangs in El Salvador, Guatemala, and Honduras, such 
        as MS-13 and 18th Street;
            (2) expanding training and partnership efforts with 
        Salvadoran, Guatemalan, and Honduran law enforcement entities 
        in order to disrupt and dismantle criminal gangs, both 
        internationally and in their respective countries;
            (3) establishing or expanding special vetted investigative 
        units; and
            (4) collecting and disseminating intelligence to support 
        related United States-based investigations.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated, to the Bureau of International Narcotics and Law 
Enforcement Affairs, such sums as may be necessary to carry out 
subsection (b).

SEC. 224. SENSE OF CONGRESS REGARDING THE EXPANSION OF TARGETED 
              SANCTIONS RELATED TO CORRUPTION AND HUMAN RIGHTS ABUSES.

    It is the sense of Congress that--
            (1) the President should intensify targeting of and impose 
        sanctions regularly on a range of foreign persons from or in 
        Central America determined to be responsible for human rights 
        abuses, corruption-related misconduct, and other misconduct 
        identified pursuant to the Global Magnitsky Human Rights 
        Accountability Act (22 U.S.C. 2656 note);
            (2) the Director of National Intelligence, in coordination 
        with the Director of the Central Intelligence Agency and other 
        United States intelligence agencies, as appropriate, should 
        expand intelligence collection and analysis in support of the 
        efforts described in paragraph (1); and
            (3) the efforts described in paragraph (1) should 
        specifically target foreign persons, including foreign 
        government officials, complicit in acts that weaken, run 
        counter to, or undermine the strategy described in section 111.

 Subtitle C--Creating New Penalties for Hindering Immigration, Border, 
                          and Customs Controls

SEC. 231. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    (a) Immigration and Nationality Act.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after 
section 274D the following:

``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

    ``(a) Illicit Spotting.--
            ``(1) In general.--It shall be unlawful to knowingly 
        surveil, track, monitor, or transmit the location, movement, or 
        activities of any officer or employee of a Federal, State, or 
        tribal law enforcement agency--
                    ``(A) with the intent to gain financially; and
                    ``(B) in furtherance of any violation of the 
                immigration laws, the customs and trade laws of the 
                United States (as defined in section 2 of the Trade 
                Facilitation and Trade Enforcement Act of 2015 (Public 
                Law 114-125)), any other Federal law relating to 
                transporting controlled substances, agriculture, or 
                monetary instruments into the United States, or any 
                Federal law relating to border controls measures of the 
                United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.
    ``(b) Destruction of United States Border Controls.--
            ``(1) In general.--It shall be unlawful to knowingly and 
        without lawful authorization--
                    ``(A) destroy or significantly damage any fence, 
                barrier, sensor, camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States; or
                    ``(B) otherwise seek to construct, excavate, or 
                make any structure intended to defeat, circumvent or 
                evade such a fence, barrier, sensor camera, or other 
                physical or electronic device deployed by the Federal 
                Government to control an international border of, or a 
                port of entry to, the United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.''.
    (b) Clerical Amendment.--The table of contents of such Act (8 
U.S.C. 1101 et seq.) is amended by inserting after the item relating to 
section 274D the following:

``Sec. 274E. Hindering immigration, border, and customs controls.''.

   TITLE III--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF 
   REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION AND BY 
                 STRENGTHENING REPATRIATION INITIATIVES

 Subtitle A--Providing Alternative Safe Havens in Mexico and the Region

SEC. 311. STRENGTHENING INTERNAL ASYLUM SYSTEMS IN MEXICO AND OTHER 
              COUNTRIES.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall work with international partners, 
including the United Nations High Commissioner for Refugees, to support 
and provide technical assistance to strengthen the domestic capacity of 
Mexico and other countries in the region to provide asylum to eligible 
children and families, in accordance with international law and best 
practices, by--
            (1) establishing and expanding temporary and long-term in-
        country reception centers and shelter capacity to meet the 
        humanitarian needs of those seeking asylum or other forms of 
        international protection;
            (2) improving the asylum registration system to ensure that 
        all individuals seeking asylum or other humanitarian 
        protection--
                    (A) are provided with adequate information about 
                their rights, including their right to seek protection;
                    (B) are properly screened for security, including 
                biographic and biometric capture;
                    (C) receive due process and meaningful access to 
                existing legal protections; and
                    (D) receive proper documents in order to prevent 
                fraud and ensure freedom of movement and access to 
                basic social services;
            (3) creating or expanding a corps of trained asylum 
        officers capable of evaluating and deciding individual asylum 
        claims consistent with international law and obligations; and
            (4) developing the capacity to conduct best interest 
        determinations for unaccompanied alien children to ensure that 
        their needs are properly met, which may include family 
        reunification or resettlement in the United States or another 
        country based on international protection needs and the best 
        interests of the child.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of State, in consultation with the Secretary 
of Homeland Security, shall submit a report that describes the plans of 
the Secretary of State to assist in developing the asylum processing 
capabilities described in subsection (a) to--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (3) the Committee on the Judiciary of the Senate;
            (4) the Committee on Appropriations of the Senate;
            (5) the Committee on Foreign Affairs of the House of 
        Representatives;
            (6) the Committee on Homeland Security of the House of 
        Representatives;
            (7) the Committee on the Judiciary of the House of 
        Representatives; and
            (8) the Committee on Appropriations of the House of 
        Representatives.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (a).

Subtitle B--Expanding Refugee Processing in Mexico and Central America 
                     for Third Country Resettlement

SEC. 321. EXPANDING REFUGEE PROCESSING IN MEXICO AND CENTRAL AMERICA 
              FOR THIRD COUNTRY RESETTLEMENT.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall coordinate with the United 
Nations High Commissioner for Refugees to support and provide technical 
assistance to the Government of Mexico and the governments of other 
countries in the region to increase access to global resettlement for 
eligible children and families with protection needs, in accordance 
with international law and best practices, by--
            (1) establishing and expanding in-country refugee reception 
        centers to meet the humanitarian needs of those seeking 
        international protection;
            (2) improving the refugee registration system to ensure 
        that all refugees--
                    (A) are provided with adequate information about 
                their rights, including their right to seek protection;
                    (B) are properly screened for security, including 
                biographic and biometric capture;
                    (C) receive due process and meaningful access to 
                existing legal protections; and
                    (D) receive proper documents in order to prevent 
                fraud and ensure freedom of movement and access to 
                basic social services;
            (3) creating or expanding a corps of trained refugee 
        officers capable of evaluating and deciding individual claims 
        for protection, consistent with international law and 
        obligations; and
            (4) developing the capacity to conduct best interest 
        determinations for unaccompanied alien children to ensure 
        that--
                    (A) such children with international protection 
                needs are properly registered; and
                    (B) their needs are properly met, which may include 
                family reunification or resettlement in the United 
                States or another country based on international 
                protection needs and the best interests of the child.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of State, in consultation with the Secretary 
of Homeland Security, shall submit a report to the committees listed in 
section 311(b) that describes the plans of the Secretary of State to 
assist in developing the refugee processing capabilities described in 
subsection (a).
    (c) Sense of Congress.--It is the sense of Congress that the 
conditions in Mexico, as of the date of the enactment of this Act, do 
not meet the necessary threshold for the United States Government to 
sign a safe third country agreement with the Government of Mexico.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (a).

      Subtitle C--Establishing Legal Channels to the United States

SEC. 331. PROGRAM TO ADJUST THE STATUS OF CERTAIN VULNERABLE REFUGEES 
              FROM CENTRAL AMERICA.

    (a) Definitions.--In this section:
            (1) Refugee status.--The term ``refugee status'' has the 
        meaning given the term in section 101(a)(42) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(42)), except that the 
        alien may apply inside his or her country of nationality if 
        there is a designated application processing center present.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (b) Purpose.--The purpose of this section is to establish a refugee 
processing program for nationals of El Salvador, Guatemala, and 
Honduras to respond to country conditions and the growing need to 
provide an alternative to the dangerous journey to the United States of 
America.
    (c) Admission of Eligible Central American Aliens as Refugees.--
Notwithstanding the numerical limitations set forth in section 207 of 
the Immigration and Nationality Act (8 U.S.C. 1157), the Secretary 
shall adjust the status of an alien who is a national of El Salvador, 
Guatemala, or Honduras to that of an alien admitted as a refugee if the 
alien--
            (1) applies for such refugee status at a Designated 
        Application Processing Center (as defined in subsection (e)); 
        and
            (2) is eligible under subsection (d).
    (d) Central Americans Eligible for Refugee Admission.--
            (1) In general.--Admission as a refugee or adjustment of 
        status to that of a refugee shall be available to any alien, or 
        members of the alien's family, if--
                    (A) the alien is a national of El Salvador, 
                Guatemala, or Honduras;
                    (B) the alien otherwise meets the definition of a 
                refugee, except that the alien may apply from inside 
                his or her country of nationality;
                    (C)(i) the alien presents himself or herself at a 
                Designated Application Processing Center for 
                consideration of refugee status under this section; or
                    (ii) in the case of an alien who is a minor, a 
                parent, legal guardian, the minor, or an adult 
                authorized by the minor to speak on his or her behalf, 
                presents an application for the minor; and
                    (D) the alien passes all relevant medical, national 
                security, and background checks.
            (2) Effect of denial of refugee status.--The denial of 
        refugee status under the Central American Minors Program--
                    (A) shall not be held determinative with respect to 
                an adjudication under this section; and
                    (B) shall not prejudice the results of an 
                adjudication under this section.
    (e) Designated Application Processing Centers.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of State shall 
        establish a minimum of 4 application processing centers in 4 
        different physical locations, with the consent of the hosting 
        nation, if necessary.
            (2) Locations.--The Secretary of State shall ensure that 1 
        application processing center is established--
                    (A) at each of the American embassies located in El 
                Salvador, Guatemala, and Honduras; and
                    (B) in any other country in Central America 
                selected by the Secretary of State.
            (3) Application for refugee status.--The Secretary of State 
        shall ensure that any alien who is physically present at the 
        application processing center is permitted--
                    (A) to apply for refugee status under this section;
                    (B) to include his or her family in the application 
                for refugee status, regardless of such alien's status; 
                and
                    (C) if the alien applying for refugee status is an 
                unaccompanied minor, to have legal counsel present at 
                all interviews.
            (4) Adjudication.--Applications submitted at application 
        processing centers under this section shall be adjudicated by 
        refugee officers from the Refugee, Asylum and International 
        Operations Directorate at U.S. Citizenship and Immigration 
        Services.
    (f) Exceptions.--Subsections (c)(1) and (d)(1)(C) shall be waived 
by the Secretary if the alien, or his or her family--
            (1) is a national of El Salvador or Honduras;
            (2) was in temporary protected status under section 244 of 
        the Immigration and Nationality Act (8 U.S.C. 1254a) on the 
        date on which his or her country of nationality's designation 
        under subsection (b) of such section was terminated;
            (3) has maintained physical presence in the United States 
        since the effectiveness date of the most recent designation, 
        extension, or termination; and
            (4) would be eligible to reapply, under such section 244, 
        if his or her country of nationality's designation had not been 
        terminated.
    (g) Application Fees.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall ensure that applicants for refugee status are 
        not charged fees in order to apply for humanitarian relief 
        under this section.
            (2) Previous denial.--The Secretary may charge a reasonable 
        fee to an alien who applies for refugee status under this 
        section after having previously been denied refugee status 
        unless such denial occurred before the alien attained 21 years 
        of age.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

TITLE IV--MONITORING AND SUPPORTING UNACCOMPANIED ALIEN CHILDREN AFTER 
                        PROCESSING AT THE BORDER

SEC. 401. DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS.

    (a) Definitions.--In this title:
            (1) Department.--The term ``Department'' means the 
        Department of Health and Human Services.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Refugee Resettlement of the Department.
            (3) Flores settlement agreement.--The term ``Flores 
        settlement agreement'' means the Stipulated Settlement 
        Agreement filed in the United States District Court for the 
        Central District of California on January 17, 1997 (CV 85-4544-
        RJK).
            (4) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (5) Resident adult.--The term ``resident adult'' means any 
        individual who is at least 18 years of age and regularly lives, 
        shares common areas, and sleeps in a sponsor or prospective 
        sponsor's home.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (7) Specialized instructional support personnel; 
        specialized instructional support services.--The terms 
        ``specialized instructional support personnel'' and 
        ``specialized instructional support services'' have the 
        meanings given such terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (8) Zero tolerance policy.--The term ``zero tolerance 
        policy'' means the policy described in the memorandum of the 
        Attorney General entitled ``Zero-Tolerance for Offenses Under 8 
        U.S.C. Sec.  1325(a)'', issued on April 6, 2018.

SEC. 402. FAMILY REUNIFICATION.

    (a) Directives to Federal Agencies.--
            (1) Family reunification.--Consistent with section 235 of 
        the William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2008 (8 U.S.C. 1232) and other 
        applicable Federal law, the Secretary shall reallocate 
        resources to facilitate the immediate family reunification of 
        each child separated from his or her parent or guardian at or 
        near a port of entry or within 100 miles of the border or 
        otherwise removed from her or her parent or legal guardian by 
        the Secretary, the Secretary of Homeland Security, the Attorney 
        General, the Director of the Bureau of Prisons, or any agent or 
        agency thereof, if such reunification is in the best interest 
        of the child.
            (2) Compliance with federal law.--The Secretary, the 
        Secretary of Homeland Security, the Attorney General, the 
        Director of the Bureau of Prisons, and any other head of a 
        Federal agency involved in the proceedings against a parent or 
        guardian separated from the parent or guardian's child (as 
        described in paragraph (1)) shall immediately change policies, 
        procedures, and practices--
                    (A) to reunify the child separated from his or her 
                parent or guardian; and
                    (B) to comply with section 235 of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232), the Flores 
                settlement agreement, and other applicable Federal law.
    (b) Parental Rights.--Consistent with the laws of the State in 
which the child is located, only an order from a court of competent 
jurisdiction may terminate the rights of a parent or guardian over an 
unaccompanied alien child, including any such child separated from the 
parent or guardian at such a border.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

   Subtitle A--Strengthening the Government's Ability To Oversee the 
    Safety and Well-Being of Children and Support Children Forcibly 
                     Separated From Their Families

SEC. 411. HEALTH CARE IN SHELTERS FOR UNACCOMPANIED ALIEN CHILDREN.

    (a) Access to Services.--The Secretary shall direct the Director, 
in carrying out the functions transferred to the Director under section 
462(a) of the Homeland Security Act of 2002 (6 U.S.C. 279(a))--
            (1) to ensure that unaccompanied alien children who have 
        not been placed with a sponsor have access to comprehensive, 
        age-appropriate medical, behavioral, and mental health care 
        services, including evidence-based and trauma-informed 
        treatments, provided by qualified health care professionals 
        with the appropriate certifications, licensure, training, and 
        expertise in treating children, including infants, toddlers, 
        and other children who are younger than 13 years of age; and
            (2) to issue guidance to grantees, not later than 60 days 
        after the date of the enactment of this Act, on the procedures 
        for prescribing, reporting, and administration of psychotropic 
        medication.
    (b) National Child Traumatic Stress Initiative.--
            (1) Grants authorized.--Out of amounts appropriated 
        pursuant to section 403 to carry out this section, the 
        Secretary shall award grants, contracts, or cooperative 
        agreements to public and nonprofit private entities and Indian 
        tribes and tribal organizations (as defined in section 4 of the 
        Indian Self-Determination and Educational Assistance Act (25 
        U.S.C. 5304)), for the purpose of developing and maintaining 
        programs that respond to the needs of unaccompanied alien 
        children in the care of the Office of Refugee Resettlement.
            (2) Best practices for traumatized children.--The National 
        Child Traumatic Stress Initiative coordinating center described 
        in section 582(a)(1) of the Public Health Service Act (42 
        U.S.C. 290hh-1(a)(1)) shall develop, and make publically 
        available, best practices for providing evidence-based and 
        trauma-informed health care treatment to unaccompanied alien 
        children in the care of the Office of Refugee Resettlement 
        (including such children who are traumatized by separation from 
        parents or guardians by the Federal Government to facilitate 
        enforcement of the zero tolerance policy and other infants, 
        toddlers, and children who are younger than 13 years of age)--
                    (A) to carry out programs under paragraph (1);
                    (B) to provide services under section 412(a); and
                    (C) to conduct assessments under section 
                412(a)(1)(A).
    (c) Oversight on Access to Quality Health Care.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 3 years thereafter, the 
        Comptroller General of the United States shall conduct an 
        evaluation of the medical, behavioral, and mental health 
        services provided to unaccompanied alien children in the care 
        of the Office of Refugee Resettlement and submit a report and 
        recommendations to the Department, the Committee on Health, 
        Education, Labor, and Pensions of the Senate, the Committee on 
        the Judiciary of the Senate, the Committee on Energy and 
        Commerce of the House of Representatives, and the Committee on 
        the Judiciary of the House of Representatives.
            (2) Content.--Each report under paragraph (1) shall 
        address--
                    (A) the extent to which entities with which the 
                Office of Refugee Resettlement contracts meet 
                established standards for ensuring the safety and well-
                being of alien children in their care;
                    (B) the quality and appropriateness of the health 
                care services provided to such children, including the 
                administration of medications and treatment;
                    (C) the extent to which medical, behavioral, and 
                mental health services address the needs of traumatized 
                children and mitigate the long-term health consequences 
                of trauma exposure;
                    (D) the adequacy of practices to assess the 
                qualifications, including training and licensure, of 
                the professionals administering care, including the 
                expertise of such professionals in providing trauma-
                informed care;
                    (E) the adequacy of appropriately-trained health 
                care staff at the Office of Refugee Resettlement tasked 
                with assessing the adequacy of care provided to 
                children in their care; and
                    (F) oversight, investigations, and actions taken to 
                address allegations against contracted entities of 
                mistreatment, abuse, or neglect of children under any 
                program under Federal or State law.

SEC. 412. SERVICES TO UNACCOMPANIED ALIEN CHILDREN AFTER PLACEMENT.

    (a) Trauma-Informed, Risk-Based, Post-Placement Services.--
            (1) In general.--Using amounts appropriated pursuant to 
        section 403 to carry out this section, the Secretary shall 
        assist each unaccompanied alien child in a placement with a 
        sponsor by--
                    (A) completing an individualized assessment of the 
                need for services to be provided after placement; and
                    (B) providing such post-placement services during 
                the pendency of all immigration proceedings or until no 
                longer necessary, whichever is later.
            (2) Minimum services.--The services referred to in 
        paragraph (1)(B) shall include--
                    (A) for the unaccompanied alien child, at least 1 
                post-placement case management services visit not later 
                than 30 days after placement with a sponsor and the 
                referral of the child to service providers in the 
                community;
                    (B) for the family of the child's sponsor, 
                orientation and other functional family support 
                services, as determined to be necessary in the 
                individualized assessment; and
                    (C) for each unaccompanied alien child traumatized 
                by separation of such child from the child's parent or 
                guardian by the Federal Government, comprehensive, 
                trauma-informed services to assist such child.
    (b) Effective Use of Child Advocates for the Most Vulnerable 
Unaccompanied Alien Children.--The Secretary shall--
            (1) direct the Director--
                    (A) to identify and track the referral rates of 
                unaccompanied alien children to child advocates by care 
                providers and investigate instances in which such a 
                rate is low;
                    (B) to ensure that the referral criteria 
                established by the Director are appropriately applied 
                when a care provider determines if such a child is 
                eligible for referral to a child advocate;
                    (C) to provide technical assistance to care 
                providers to ensure compliance with such criteria;
                    (D) to establish a process for stakeholders and the 
                public to refer unaccompanied alien children, including 
                those placed with a sponsor, to the child advocate 
                program to determine if such child meets the referral 
                criteria for appointment of a child advocate; and
                    (E) to refer to a child advocate each unaccompanied 
                alien child described in subsection (a)(2)(C); and
            (2) ensure that each child advocate for an unaccompanied 
        alien child--
                    (A) is provided access to materials necessary to 
                advocate effectively for the best interest of the 
                child, including direct access to significant incident 
                reports, home studies, and similar materials and 
                information; and
                    (B) is notified when new materials and information 
                described in subparagraph (A) relating to the child are 
                created or become available.

SEC. 413. BACKGROUND CHECKS TO ENSURE THE SAFE PLACEMENT OF 
              UNACCOMPANIED ALIEN CHILDREN.

    (a) Criminal and Civil Record Checks.--
            (1) Requirement.--In carrying out the functions transferred 
        to the Director under section 462(a) of the Homeland Security 
        Act of 2002 (6 U.S.C. 279(a)), from amounts appropriated 
        pursuant to section 401(b) to carry out this section, the 
        Director shall perform, consistent with best practices in the 
        field of child welfare, and a prospective sponsor and all 
        resident adults in the home of the prospective sponsor shall 
        submit to the following record checks (which shall be completed 
        as expeditiously as possible):
                    (A) Fingerprint-based checks (except as described 
                in paragraph (2)) in national crime information 
                databases, as defined in section 534(e)(3) of title 28, 
                United States Code.
                    (B) A search of the State criminal registry or 
                repository for any State (except as described in 
                paragraph (3)) in which the prospective sponsor or 
                resident adult has resided during the 5 years preceding 
                the search.
                    (C) A search of the National Sex Offender Registry 
                established under section 119 of the Adam Walsh Child 
                Protection and Safety Act of 2006 (42 U.S.C. 16919).
                    (D) A search (except as described in paragraphs (2) 
                and (3)) of State-based child abuse and neglect 
                registries and databases for any State in which the 
                prospective sponsor or resident adult has resided 
                during the 5 years preceding the search.
            (2) Parents and guardians.--For purposes of paragraph (1), 
        if the prospective sponsor is the parent or guardian of the 
        child involved, the Director shall have discretion to determine 
        whether the Director shall perform, and the prospective sponsor 
        and resident adults described in paragraph (1) shall submit to, 
        a check described in subparagraph (A) or (D) of paragraph (1).
            (3) Waivers.--
                    (A) In general.--If the Secretary determines that 
                it is not feasible to conduct the check described in 
                subparagraph (B) or (D) of paragraph (1) for a State, 
                including infeasibility due to a State's refusal or 
                nonresponse in response to a request for related 
                information, or that the average time to receive 
                results from a State for such a check is more than 10 
                business days, the Secretary may waive the requirements 
                of that subparagraph with respect to the State involved 
                for a period of not more than 1 year. The Secretary may 
                renew the waiver in accordance with this subparagraph.
                    (B) Prohibition on delegation.--The Secretary may 
                not delegate the responsibility under subparagraph (A) 
                to another officer or employee of the Department.
                    (C) States where waivers apply.--The Secretary 
                shall make available, on a website of the Department, 
                the list of States for which the requirements of 
                subparagraph (B) or (D) of paragraph (1) are waived 
                under this paragraph.
            (4) Use of record checks.--The information revealed by a 
        record check performed pursuant to this section shall be used 
        only by the Director for the purpose of determining whether a 
        potential sponsor is a suitable sponsor for a placement for an 
        unaccompanied alien child.
    (b) Placement Determinations Generally.--
            (1) Denials required for certain crimes.--The Director 
        shall deny any placement for a prospective sponsor (other than 
        the parent or guardian of the child involved), and may deny any 
        placement for a prospective sponsor who is the parent or 
        guardian of the child involved subject to subsection (c), if 
        the record checks performed pursuant to this section reveal 
        that the prospective sponsor or a resident adult in the home of 
        the prospective sponsor was convicted at age 18 or older of a 
        crime that is a felony consisting of any of the following:
                    (A) Domestic violence, stalking, child abuse, child 
                neglect, or child abandonment, if the prospective 
                sponsor or resident adult served at least 1 year 
                imprisonment for a crime specified in this 
                subparagraph, or if the prospective sponsor or resident 
                adult was convicted of 2 or more crimes specified in 
                this subparagraph, not arising out of a single scheme 
                of criminal misconduct.
                    (B) A crime against a child involving pornography.
                    (C) Human trafficking.
                    (D) Rape or sexual assault.
                    (E) Homicide.
            (2) Denials considered for certain offenses.--The Director 
        may deny a placement for a prospective sponsor if the record 
        checks performed pursuant to this section reveal that the 
        prospective sponsor or a resident adult in the home of a 
        prospective sponsor was adjudged guilty of a civil offense or 
        was convicted of a crime not covered by paragraph (1). The 
        Director, in making a determination about whether to approve or 
        deny the placement, shall consider all of the following 
        factors:
                    (A) The type of offense.
                    (B) The number of offenses the sponsor or resident 
                adult has been adjudged guilty or convicted of.
                    (C) The length of time that has elapsed since the 
                adjudication or conviction.
                    (D) The nature of the offense.
                    (E) The age of the individual at the time of the 
                adjudication or conviction.
                    (F) The relationship between the offense and the 
                capacity to care for a child.
                    (G) Evidence of rehabilitation of the individual.
                    (H) Opinions of community and family members 
                concerning the individual.
    (c) Placement Determinations Concerning Parents or Guardians.--The 
Director may deny a placement for a prospective sponsor who is the 
parent or guardian of the child involved if the record checks performed 
pursuant to this section reveal that the prospective sponsor or a 
resident adult in the home of a prospective sponsor was adjudged guilty 
of a civil offense or was convicted of a crime. The Director, in making 
a determination about whether to approve or deny the placement, shall 
consider all of the factors described in subsection (b)(2).
    (d) Appeals Process.--
            (1) Information.--The Secretary shall provide information 
        to each prospective sponsor on how such sponsor may appeal--
                    (A) a placement determination under this section, 
                including--
                            (i) prompt notice of the opportunity to so 
                        appeal; and
                            (ii) instructions about how to participate 
                        in the appeals process; and
                    (B) the results of a record check performed 
                pursuant to this section or the accuracy or 
                completeness of the information yielded by the record 
                check, as provided in paragraph (2), including--
                            (i) prompt notice of the opportunity to so 
                        appeal; and
                            (ii) instructions about how to participate 
                        in the appeals process.
            (2) Appeal.--Each Federal agency responsible for 
        administering or maintaining the information in a database, 
        registry, or repository used in a record check performed 
        pursuant to this section or responsible for the accuracy or 
        completeness of the information yielded by the record check 
        shall--
                    (A) establish a process for an appeal concerning 
                the results of that record check, or that accuracy or 
                completeness; and
                    (B) complete such process not later than 30 days 
                after the date on which such an appeal is filed.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the Director from establishing additional checks 
or procedures (besides the checks required in this section) for 
sponsors, to enable the Director to--
            (1) oversee and promote the health, safety, and well-being 
        of unaccompanied alien children; or
            (2) prevent the exploitation, neglect, or abuse of 
        unaccompanied alien children.

SEC. 414. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT COMPLIANCE 
              AND CHILD WELL-BEING.

    (a) In General.--Using amounts appropriated pursuant to section 
401(b) to carry out this section, the Secretary, in consultation with 
the Attorney General, shall establish procedures to ensure that legal 
orientation programs regarding immigration court and rights and 
responsibilities for the well-being of unaccompanied alien children are 
provided to all prospective sponsors of unaccompanied alien children 
prior to an unaccompanied alien child's placement with such a sponsor.
    (b) Program Elements.--The procedures described in subsection (a) 
shall include a requirement that each legal orientation program 
described in such subsection shall provide information on the sponsor's 
rights and responsibilities to--
            (1) ensure the unaccompanied alien child appears at 
        immigration proceedings and communicate with the court involved 
        regarding the child's change of address and other relevant 
        information;
            (2) immediately enroll the child in school, and shall 
        provide information and resources if the sponsor encounters 
        difficulty enrolling such child in school;
            (3) provide access to health care, including mental health 
        care as needed, and any necessary age-appropriate health 
        screening to the child;
            (4) report potential child traffickers and other persons 
        seeking to victimize or exploit unaccompanied alien children, 
        or otherwise engage such children in criminal, harmful, or 
        dangerous activity;
            (5) seek assistance from the Department regarding the 
        health, safety, and well-being of the child placed with the 
        sponsor; and
            (6) file a complaint, if necessary, with the Secretary or 
        the Secretary of Homeland Security regarding treatment of 
        unaccompanied alien children while under the care of the Office 
        of Refugee Resettlement or the Department of Homeland Security, 
        respectively.

SEC. 415. MONITORING UNACCOMPANIED ALIEN CHILDREN.

    (a) Risk-Based Post-Placement Services.--
            (1) In general.--Using amounts appropriated pursuant to 
        section 401(b) to carry out this section, the Secretary shall, 
        to assist each unaccompanied alien child in a placement with a 
        sponsor--
                    (A) complete an individualized assessment of the 
                need for services to be provided after placement; and
                    (B) provide such post-placement services during the 
                pendency of removal proceedings or until no longer 
                necessary.
            (2) Minimum services.--For the purposes of paragraph (1), 
        the services shall, at a minimum, include--
                    (A) for the unaccompanied alien child, at least one 
                post-placement case management services visit within 30 
                days after placement with a sponsor and the referral of 
                unaccompanied alien children to service providers in 
                the community; and
                    (B) for the family of the child's sponsor, 
                orientation and other functional family support 
                services, as determined to be necessary in the 
                individualized assessment.
    (b) Effective Use of Child Advocates for the Most Vulnerable 
Unaccompanied Alien Children.--The Secretary shall--
            (1) direct the Director--
                    (A) to identify and track the referral rates of 
                unaccompanied alien children to child advocates by care 
                providers and investigate instances in which such a 
                rate is low;
                    (B) to ensure that the referral criteria 
                established by the Director are appropriately applied 
                when a care provider determines if such a child is 
                eligible for referral to a child advocate;
                    (C) to provide technical assistance to care 
                providers to ensure compliance with such criteria; and
                    (D) to establish a process for stakeholders and the 
                public to refer unaccompanied alien children, including 
                those placed with a sponsor, to the child advocate 
                program to determine if such child meets the referral 
                criteria for appointment of a child advocate; and
            (2) ensure that each child advocate for an unaccompanied 
        alien child shall--
                    (A) be provided access to materials necessary to 
                advocate effectively for the best interest of the 
                child, including direct access to significant incident 
                reports, home studies, and similar materials and 
                information; and
                    (B) be notified when new materials and information 
                described in subparagraph (A) relating to the child are 
                created or become available.

    Subtitle B--Funding to States and School Districts; Supporting 
                          Education and Safety

SEC. 421. FUNDING TO STATES TO CONDUCT STATE CRIMINAL CHECKS AND CHILD 
              ABUSE AND NEGLECT CHECKS.

    (a) Defined Term.--In this section, the term ``State'' means each 
of the 50 States of the United States and the District of Columbia.
    (b) Payments to States To Conduct State Criminal Registry or 
Repository Searches and To Conduct Child Abuse and Neglect Checks.--
            (1) In general.--Using amounts appropriated pursuant to 
        section 401(b) to carry out this section, the Secretary shall, 
        in accordance with this subsection, make payments to States, 
        through each agency in each State tasked with administering the 
        State criminal registry or repository required under section 
        411(a)(1)(B) or the State child abuse and neglect registry 
        required under section 411(a)(1)(D), to assist with searches of 
        such registries, repositories, or databases for prospective 
        sponsors of unaccompanied alien children and resident adults in 
        the home of such prospective sponsors, in accordance with 
        section 411.
            (2) Allotments.--
                    (A) State criminal registry and repository 
                searches.--In each fiscal year, using amounts 
                appropriated pursuant to section 401(b) to carry out 
                this section with respect to the program providing 
                payments to States to assist with criminal registry or 
                repository searches, the Secretary shall allot to each 
                State participating in such program, through the agency 
                in each such State tasked with administering the State 
                criminal registry or repository described in section 
                411(a)(1)(B), an amount that bears the same 
                relationship to such funds as the number of searches of 
                such State criminal registry or repository conducted in 
                accordance with section 411(a)(1)(B) in the State bears 
                to the total number of such searches in all States 
                participating in the program.
                    (B) Child abuse and neglect checks.--In each fiscal 
                year, using amounts appropriated pursuant to section 
                401(b) to carry out this section with respect to the 
                program providing payments to States to assist with 
                child abuse and neglect registry and database searches, 
                the Secretary shall allot to each State participating 
                in such program, through the agency in each such State 
                tasked with administering the State child abuse and 
                neglect registries and databases described in section 
                411(a)(1)(D), an amount that bears the same 
                relationship to such funds as the number of searches of 
                such child abuse and neglect registries and databases 
                conducted in accordance with section 411(a)(1)(D) in 
                the State bears to the total number of such searches in 
                all States participating in the program.
                    (C) Transition rule.--In the first fiscal year in 
                which funds are made available under this title to 
                carry out this section, the Secretary shall make 
                allotments to each State participating in the programs 
                under this section in accordance with subparagraphs (A) 
                and (B), based on the Secretary's estimate of the 
                number of the searches described in each such 
                subparagraph, respectively, that each of the States are 
                expected to conduct in such fiscal year.
            (3) State applications.--Each State agency described in 
        paragraph (1) desiring an allotment under subparagraph (A) or 
        (B) of paragraph (2) shall submit an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require, which shall include an assurance that 
        the State agency will respond promptly to all requests from the 
        Director, within a reasonable time period determined by the 
        Director, to conduct a search required under section 411 in a 
        timely manner, and a description of how funds will be used to 
        meet such assurance.

SEC. 422. UNACCOMPANIED ALIEN CHILDREN IN SCHOOLS.

    (a) Immediate Enrollment.--To be eligible for funding under the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.), a local educational agency shall--
            (1) ensure that unaccompanied alien children in the area 
        served by the local educational agency are immediately enrolled 
        in school following placement with a sponsor, and any available 
        academic or other records are transferred to such school; and
            (2) remove barriers to enrollment and full participation in 
        educational programs and services offered by the local 
        educational agency for unaccompanied alien children (including 
        barriers related to documentation, age, language, and lack of a 
        parent or guardian), which shall include reviewing and revising 
        policies that may have a negative effect on such children.
    (b) Grants Authorized.--Using amounts appropriated pursuant to 
section 403 to carry out this section, the Secretary of Education shall 
award grants, on a competitive basis, to eligible local educational 
agencies, or consortia of neighboring local educational agencies, 
described in subsection (c) to enable the local educational agencies or 
consortia to enhance opportunities for, and provide services to, 
immigrant children and youth, including unaccompanied alien children, 
in the area served by the local educational agencies or consortia.
    (c) Eligible Local Educational Agencies.--
            (1) In general.--A local educational agency, or a 
        consortium of neighboring local educational agencies, is 
        eligible for a grant under subsection (b) if, during the fiscal 
        year for which a grant is awarded under this section, there are 
        25 or more unaccompanied alien children enrolled in the public 
        schools served by the local educational agency or the 
        consortium, respectively.
            (2) Determinations of number of unaccompanied alien 
        children.--The Secretary of Education shall determine the 
        number of unaccompanied alien children for purposes of 
        paragraph (1) based on the most accurate data available that is 
        provided to the Secretary of Education by the Director or the 
        Department of Homeland Security.
    (d) Applications.--A local educational agency, or a consortia of 
neighboring local educational agencies, desiring a grant under this 
section shall submit an application to the Secretary of Education, 
which shall include a description of how the grant will be used to 
enhance opportunities for, and provide services to, immigrant children 
and youth (including unaccompanied alien children) and their families, 
provide trauma-informed services and supports (including mental health 
care services for such children and youth), improve engagement with the 
sponsors of such children or youth, and provide specialized 
instructional support services (which may include hiring specialized 
instructional support personnel with expertise in providing services to 
such children and youth).

    TITLE V--ENSURING ORDERLY AND HUMANE MANAGEMENT OF CHILDREN AND 
                      FAMILIES SEEKING PROTECTION

 Subtitle A--Providing a Fair and Efficient Legal Process for Children 
                 and Vulnerable Families Seeking Asylum

SEC. 511. COURT APPEARANCE COMPLIANCE AND LEGAL ORIENTATION.

    (a) Access to Legal Orientation Programs To Ensure Court Appearance 
Compliance.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Attorney General, shall establish 
        procedures, consistent with the procedures established pursuant 
        to section 412, to ensure that legal orientation programs are 
        available for all aliens detained by the Department of Homeland 
        Security.
            (2) Program elements.--Programs under paragraph (1) shall 
        inform aliens described in such paragraph regarding--
                    (A) the basic procedures of immigration hearings;
                    (B) their rights and obligations relating to such 
                hearings under Federal immigration laws to ensure 
                appearance at all immigration proceedings;
                    (C) their rights under Federal immigration laws, 
                including available legal protections and the procedure 
                for requesting such protection;
                    (D) the consequences of filing frivolous legal 
                claims and of failing to appear for proceedings; and
                    (E) any other subject that the Attorney General 
                considers appropriate, such as a contact list of 
                potential legal resources and providers.
            (3) Eligibility.--An alien shall be given access to legal 
        orientation programs under this subsection regardless of the 
        alien's current immigration status, prior immigration history, 
        or potential for immigration relief.
    (b) Pilot Project for Nondetained Aliens in Removal Proceedings.--
            (1) In general.--The Attorney General shall develop and 
        administer a 2-year pilot program at not fewer than 2 
        immigration courts to provide nondetained aliens with pending 
        asylum claims access to legal information.
            (2) Report.--At the conclusion of the pilot program under 
        this subsection, the Attorney General shall submit a report to 
        the Committee on the Judiciary of the Senate and the Committee 
        on the Judiciary of the House of Representatives that describes 
        the extent to which nondetained aliens are provided with access 
        to counsel.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Executive Office of Immigration Review of the 
Department of Justice such sums as may be necessary to carry out this 
section.

SEC. 512. FAIR DAY IN COURT FOR KIDS.

    (a) Appointment of Counsel in Removal Proceedings; Right To Review 
Certain Documents in Removal Proceedings.--Section 240(b) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) by striking ``, at no expense to the 
                        Government,''; and
                            (ii) by striking the comma at the end and 
                        inserting a semicolon;
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (D) and (E), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) the Attorney General may appoint or provide 
                counsel, at Government expense, to aliens in 
                immigration proceedings;
                    ``(C) the alien, or the alien's counsel, not later 
                than 7 days after receiving a notice to appear under 
                section 239(a), shall receive a complete copy of the 
                alien's immigration file (commonly known as an `A-
                file') in the possession of the Department of Homeland 
                Security (other than documents protected from 
                disclosure under section 552(b) of title 5, United 
                States Code);''; and
                    (D) in subparagraph (D), as redesignated, by 
                striking ``, and'' and inserting ``; and''; and
            (2) by adding at the end the following:
            ``(8) Failure to provide alien required documents.--A 
        removal proceeding may not proceed until the alien, or the 
        alien's counsel, if the alien is represented--
                    ``(A) has received the documents required under 
                paragraph (4)(C); and
                    ``(B) has been provided at least 10 days to review 
                and assess such documents.''.
    (b) Clarification Regarding the Authority of the Attorney General 
To Appoint Counsel to Aliens in Immigration Proceedings.--
            (1) In general.--Section 292 of the Immigration and 
        Nationality Act (8 U.S.C. 1362) is amended to read as follows:

``SEC. 292. RIGHT TO COUNSEL.

    ``(a) In General.--Except as provided in subsections (b) and (c), 
in any removal proceeding and in any appeal proceeding before the 
Attorney General from any such removal proceeding, the subject of the 
proceeding shall have the privilege of being represented by such 
counsel as may be authorized to practice in such proceeding as he or 
she may choose. This subsection shall not apply to screening 
proceedings described in section 235(b)(1)(A).
    ``(b) Access to Counsel for Unaccompanied Alien Children.--
            ``(1) In general.--In any removal proceeding and in any 
        appeal proceeding before the Attorney General from any such 
        removal proceeding, an unaccompanied alien child (as defined in 
        section 462(g) of the Homeland Security Act on 2002 (6 U.S.C. 
        279(g))) shall be represented by Government-appointed counsel, 
        at Government expense.
            ``(2) Length of representation.--Once a child is designated 
        as an unaccompanied alien child under paragraph (1), the child 
        shall be represented by counsel at every stage of the 
        proceedings from the child's initial appearance through the 
        termination of immigration proceedings, and any ancillary 
        matters appropriate to such proceedings even if the child 
        attains 18 years of age or is reunified with a parent or legal 
        guardian while the proceedings are pending.
            ``(3) Notice.--Not later than 72 hours after an 
        unaccompanied alien child is taken into Federal custody, the 
        alien shall be notified that he or she will be provided with 
        legal counsel in accordance with this subsection.
            ``(4) Within detention facilities.--The Secretary of 
        Homeland Security shall ensure that unaccompanied alien 
        children have access to counsel inside all detention, holding, 
        and border facilities.
    ``(c) Pro Bono Representation.--
            ``(1) In general.--To the maximum extent practicable, the 
        Attorney General should make every effort to utilize the 
        services of competent counsel who agree to provide 
        representation to such children under subsection (b) without 
        charge.
            ``(2) Development of necessary infrastructures and 
        systems.--The Attorney General shall develop the necessary 
        mechanisms to identify counsel available to provide pro bono 
        legal assistance and representation to children under 
        subsection (b) and to recruit such counsel.
    ``(d) Contracts; Grants.--The Attorney General may enter into 
contracts with, or award grants to, nonprofit agencies with relevant 
expertise in the delivery of immigration-related legal services to 
children to carry out the responsibilities under this section, 
including providing legal orientation, screening cases for referral, 
recruiting, training, and overseeing pro bono attorneys. Nonprofit 
agencies may enter into subcontracts with, or award grants to, private 
voluntary agencies with relevant expertise in the delivery of 
immigration related legal services to children in order to carry out 
this section.
    ``(e) Model Guidelines on Legal Representation of Children.--
            ``(1) Development of guidelines.--The Executive Office for 
        Immigration Review, in consultation with voluntary agencies and 
        national experts, shall develop model guidelines for the legal 
        representation of alien children in immigration proceedings, 
        which shall be based on the children's asylum guidelines, the 
        American Bar Association Model Rules of Professional Conduct, 
        and other relevant domestic or international sources.
            ``(2) Purpose of guidelines.--The guidelines developed 
        under paragraph (1) shall be designed to help protect each 
        child from any individual suspected of involvement in any 
        criminal, harmful, or exploitative activity associated with the 
        smuggling or trafficking of children, while ensuring the 
        fairness of the removal proceeding in which the child is 
        involved.
    ``(f) Duties of Counsel.--Counsel provided under this section 
shall--
            ``(1) represent the unaccompanied alien child in all 
        proceedings and matters relating to the immigration status of 
        the child or other actions involving the Department of Homeland 
        Security;
            ``(2) appear in person for all individual merits hearings 
        before the Executive Office for Immigration Review and 
        interviews involving the Department of Homeland Security;
            ``(3) owe the same duties of undivided loyalty, 
        confidentiality, and competent representation to the child as 
        is due to an adult client; and
            ``(4) carry out other such duties as may be proscribed by 
        the Attorney General or the Executive Office for Immigration 
        Review.
    ``(g) Savings Provision.--Nothing in this section may be construed 
to supersede--
            ``(1) any duties, responsibilities, disciplinary, or 
        ethical responsibilities an attorney may have to his or her 
        client under State law;
            ``(2) the admission requirements under State law; or
            ``(3) any other State law pertaining to the admission to 
        the practice of law in a particular jurisdiction.''.
            (2) Rulemaking.--The Attorney General shall promulgate 
        regulations to implement section 292 of the Immigration and 
        Nationality Act, as added by paragraph (1), in accordance with 
        the requirements set forth in section 3006A of title 18, United 
        States Code.

SEC. 513. ACCESS TO COUNSEL AND LEGAL ORIENTATION AT DETENTION 
              FACILITIES.

    The Secretary of Homeland Security shall provide access to counsel 
for all aliens detained in a facility under the supervision of U.S. 
Immigration and Customs Enforcement, U.S. Customs and Border 
Protection, or the Department of Health and Human Services, or in any 
private facility that contracts with the Federal Government to house, 
detain, or hold aliens.

SEC. 514. REPORT ON ACCESS TO COUNSEL.

    (a) Report.--Not later than December 31 of each year, the Secretary 
of Homeland Security, in consultation with the Attorney General, shall 
prepare and submit a report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House of 
Representatives regarding the extent to which aliens described in 
section 292(b) of the Immigration and Nationality Act, as added by 
section 512(b), have been provided access to counsel.
    (b) Contents.--Each report submitted under paragraph (a) shall 
include, for the immediately preceding 1-year period--
            (1) the number and percentage of aliens described in 
        section 292(b) of the Immigration and Nationality Act, as added 
        by section 512(b), who were represented by counsel, including 
        information specifying--
                    (A) the stage of the legal process at which each 
                such alien was represented;
                    (B) whether the alien was in government custody; 
                and
                    (C) the nationality and ages of such aliens; and
            (2) the number and percentage of aliens who received legal 
        orientation presentations, including the nationality and ages 
        of such aliens.

SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Executive Office of Immigration Review of the Department of Justice 
such sums as may be necessary to carry out sections 512 through 514.
    (b) Budgetary Effects.--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.

      Subtitle B--Reducing Significant Delays in Immigration Court

SEC. 521. ELIMINATE IMMIGRATION COURT BACKLOGS.

    (a) Annual Increases in Immigration Judges.--The Attorney General 
shall increase the total number of immigration judges to adjudicate 
pending cases and efficiently process future cases by at least 75 
judges during each of the fiscal years 2019, 2020, 2021, and 2022.
    (b) Qualification; Selection.--The Attorney General shall--
            (1) ensure that all newly hired immigration judges and 
        Board of Immigration Appeals members are highly qualified and 
        trained to conduct fair, impartial adjudications in accordance 
        with applicable due process requirements; and
            (2) in selecting immigration judges, may not give any 
        preference to candidates with prior government experience 
        compared to equivalent subject-matter expertise resulting from 
        nonprofit, private bar, or academic experience.
    (c) Necessary Support Staff for Immigration Judges.--To address the 
shortage of support staff for immigration judges, the Attorney General 
shall ensure that each immigration judge has sufficient support staff, 
adequate technological and security resources, and appropriate 
courtroom facilities.
    (d) Annual Increases in Board of Immigration Appeals Personnel.--
The Attorney General shall increase the number of Board of Immigration 
Appeals staff attorneys (including necessary additional support staff) 
to efficiently process cases by at least--
            (1) 23 attorneys during fiscal year 2019;
            (2) an additional 23 attorneys during fiscal year 2020; and
            (3) an additional 23 attorneys during fiscal year 2021.
    (e) GAO Report.--The Comptroller General of the United States 
shall--
            (1) conduct a study of the hurdles to efficient hiring of 
        immigration court judges within the Department of Justice; and
            (2) propose solutions to Congress for improving the 
        efficiency of the hiring process.

SEC. 522. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND MEMBERS OF THE 
              BOARD OF IMMIGRATION APPEALS.

    (a) In General.--To ensure efficient and fair proceedings, the 
Director of the Executive Office for Immigration Review shall 
facilitate robust training programs for immigration judges and members 
of the Board of Immigration Appeals.
    (b) Mandatory Training.--Training facilitated under subsection (a) 
shall include--
            (1) expanding the training program for new immigration 
        judges and Board members;
            (2) continuing education regarding current developments in 
        immigration law through regularly available training resources 
        and an annual conference; and
            (3) methods to ensure that immigration judges are trained 
        on properly crafting and dictating decisions and standards of 
        review, including improved on-bench reference materials and 
        decision templates.

SEC. 523. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.

    The Director of the Executive Office for Immigration Review will 
modernize its case management and related electronic systems, including 
allowing for electronic filing, to improve efficiency in the processing 
of immigration proceedings.

Subtitle C--Reducing the Likelihood of Repeated Migration to the United 
                                 States

SEC. 531. ESTABLISHING REINTEGRATION AND MONITORING SERVICES FOR 
              REPATRIATING CHILDREN.

    (a) Consultation With UNHCR.--The Secretary of Homeland Security, 
the Secretary of Health and Human Services, and the Secretary of State 
shall consult with the United Nations High Commissioner for Refugees 
(referred to in this section as the ``UNHCR''), Central American 
governments, and nongovernmental organizations with expertise in child 
welfare and unaccompanied migrant children to develop a child-centered 
repatriation process for unaccompanied children being returned to their 
country of origin that requires a determination of the best interest of 
the child before the child is repatriated to his or her country of 
origin.
    (b) Collaboration With Regional Governments and Nongovernmental 
Organizations.--The Secretary of State and the Administrator of the 
United States Agency for International Development, in coordination 
with the Secretary of Homeland Security, shall collaborate with 
regional governments and international and domestic nongovernmental 
organizations to reduce children's need to emigrate again by--
            (1) establishing and expanding comprehensive long-term 
        reintegration services at the municipal level for repatriated 
        unaccompanied children once returned to their communities of 
        origin;
            (2) establishing monitoring and verification services to 
        determine the well-being of repatriated children in order to 
        determine if United States protection and screening functioned 
        effectively in identifying persecuted and trafficked children;
            (3) providing emergency referrals to the UNHCR for 
        registration and safe passage to an established emergency 
        transit center for refugees for any repatriated children who 
        are facing immediate risk of harm; and
            (4) ensuring that international and domestic civil society 
        organizations with expertise in child welfare, unaccompanied 
        migrant children, and international protection needs have 
        access to government run reception centers for repatriated 
        children--
                    (A) to identify children with protection needs; and
                    (B) to offer child services following their return 
                to their communities.
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