[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3524 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3524
To support the people of Central America and strengthen United States
national security by addressing the root causes of migration from El
Salvador, Guatemala and Honduras, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2019
Ms. Lofgren (for herself, Mr. Cohen, Mr. Correa, Mr. Cox of California,
Ms. Dean, Mr. DeSaulnier, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr.
Garamendi, Ms. Garcia of Texas, Mr. Horsford, Ms. Jayapal, Mr. Johnson
of Georgia, Mr. Kennedy, Mr. Khanna, Mr. McGovern, Ms. Meng, Mr.
Nadler, Ms. Norton, Mr. Raskin, Ms. Roybal-Allard, Ms. Scanlon, Mr.
Smith of Washington, Mr. Tonko, Mr. Welch, Mr. Peters, and Ms. Judy Chu
of California) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on the
Judiciary, Education and Labor, Armed Services, Intelligence (Permanent
Select), Financial Services, Homeland Security, Ways and Means, and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To support the people of Central America and strengthen United States
national security by addressing the root causes of migration from El
Salvador, Guatemala and Honduras, and for other purposes.
Be it enacted by the Senate and House of 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 ``Northern Triangle
and Border Stabilization Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADDRESSING THE ROOT CAUSES OF MIGRATION AND PROMOTING RULE OF
LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL AMERICA
Sec. 101. United States strategy for engagement in Central America.
Sec. 102. United States coordinator on the strategy for engagement in
Central America.
Sec. 103. Requirement for strategy to secure support of international
donors and partners.
Sec. 104. Strengthening the rule of law and combating corruption.
Sec. 105. Combating criminal violence and improving citizen security.
Sec. 106. Combating sexual, gender-based, and domestic violence.
Sec. 107. Tackling extreme poverty and advancing economic development.
Sec. 108. Conditions, limitations, and certifications on United States
assistance.
Sec. 109. Limitations on funding.
TITLE II--ADDRESSING MIGRATION NEEDS BY STRENGTHENING REGIONAL
HUMANITARIAN RESPONSES FOR REFUGEES AND ASYLUM SEEKERS IN THE WESTERN
HEMISPHERE
Sec. 201. Expanding refugee and asylum processing in the western
hemisphere.
Sec. 202. Further strengthening regional humanitarian responses in the
western hemisphere.
Sec. 203. Information campaign on dangers of irregular migration.
Sec. 204. Definitions.
Sec. 205. Reporting requirement.
TITLE III--MANAGING MIGRATION THROUGH REFUGEE RESETTLEMENT,
COMPLEMENTARY PATHWAYS, AND STRENGTHENING REPATRIATION INITIATIVES.
Sec. 301. Identification, screening, and processing of refugees and
other individuals eligible for lawful
admission to the United States.
Sec. 302. Registration and intake.
Sec. 303. Central American refugee program.
Sec. 304. Central American minors program.
Sec. 305. Central American family reunification parole program.
Sec. 306. Central American worker referral program.
Sec. 307. Informational campaign; case status hotline.
TITLE IV--IMPROVING BORDER INFRASTRUCTURE FOR FAMILIES AND CHILDREN;
CRACKING DOWN ON CRIMINAL ORGANIZATIONS.
Sec. 401. Additional U.S. Customs and Border Protection personnel.
Sec. 402. Ports of entry infrastructure enhancement report.
Sec. 403. General short-term custody standards in Customs and Border
Protection facilities.
Sec. 404. Standards for children in the short-term custody of Customs
and Border Protection.
Sec. 405. Child welfare at the border.
Sec. 406. Enhanced investigation and prosecution of human smuggling
networks and trafficking organizations.
Sec. 407. Enhanced penalties for organized smuggling schemes.
Sec. 408. Expanding financial sanctions on narcotics trafficking and
money laundering.
Sec. 409. Support for FBI Transnational Anti-Gang Task Forces for
countering criminal gangs.
Sec. 410. Hindering immigration, border, and customs controls.
Sec. 411. Office of Inspector General Oversight.
Sec. 412. Fatality reporting.
Sec. 413. Establishment of the Office of Ombudsman for Border and
Immigration Related Concerns.
TITLE V--PROMOTING EFFICIENT PROCESSING OF ASYLUM SEEKERS; ADDRESSING
IMMIGRATION COURT BACKLOGS; EFFICIENT REPATRIATION OF MIGRANTS ORDERED
REMOVED.
Sec. 501. Joint Task Force to address rise in migrants.
Sec. 502. Incentivizing applications at ports of entry.
Sec. 503. Streamlining intake of asylum seekers.
Sec. 504. Prioritizing prosecution resources for illegal entry.
Sec. 505. Expanding alternatives to detention.
Sec. 506. Eliminating immigration court backlogs.
Sec. 507. Improved training for immigration judges and members of the
Board of Immigration Appeals.
Sec. 508. New technology to improve court efficiency.
Sec. 509. Court appearance compliance and legal orientation.
Sec. 510. Improving court efficiency and reducing costs by increasing
access to legal information.
Sec. 511. Facilitating safe and efficient repatriation.
TITLE VI--PROTECTING FAMILY VALUES AND MONITORING AND CARING FOR
UNACCOMPANIED ALIEN CHILDREN AFTER ARRIVAL.
Sec. 601. Limitation on the separation of families.
Sec. 602. Family reunification.
Sec. 603. Prohibiting use of certain information.
Sec. 604. Responsibility of sponsor for immigration court compliance
and child well-being.
Sec. 605. Monitoring unaccompanied alien children.
Sec. 606. Funding to school districts for unaccompanied alien children.
Sec. 607. School enrollment.
Sec. 608. Definitions.
TITLE I--ADDRESSING THE ROOT CAUSES OF MIGRATION AND PROMOTING RULE OF
LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL AMERICA
SEC. 101. 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 5-year, interagency strategy, to be known as the ``United States
Strategy for Engagement in Central America'' (hereinafter referred to
as the ``Strategy''), to advance reforms in Central American countries
and address the key factors contributing to the flight of families,
unaccompanied alien children, and other individuals to the United
States.
(b) Elements.--The Strategy under subsection (a) shall include
efforts to--
(1) strengthen the rule of law, improve access to justice,
bolster the effectiveness and independence of judicial systems
and public prosecutors' offices, and improve the effectiveness
of civilian police forces;
(2) combat corruption and improve public sector
transparency;
(3) confront and counter the violence, extortion and other
crimes perpetrated by armed criminal gangs, illicit trafficking
organizations, and organized crime, and disrupt recruitment
efforts by such organizations;
(4) disrupt money laundering and other illicit financial
operations of criminal networks, armed gangs, illicit
trafficking organizations, and human smuggling networks;
(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 accountability for government officials,
including police and security force personnel, credibly alleged
to have committed serious violations of human rights or other
crimes;
(7) enhance the capability of Central American governments
to protect and provide for vulnerable and at-risk populations;
(8) address the underlying causes of poverty and
inequality, and the constraints to inclusive economic growth in
Central America; and
(9) prevent and respond to endemic levels of sexual,
gender-based, and domestic violence.
(c) Coordination and Consultation.--In formulating the Strategy
required 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;
(2) consult with the Director of National Intelligence; and
(3) consult with national and local civil society
organizations in Central America and the United States.
(d) Support for Central American Efforts.--To the degree feasible,
the Strategy shall support or complement efforts being carried out by
the Governments of El Salvador, Guatemala, and Honduras under the Plan
of the Alliance for Prosperity in the Northern Triangle (hereinafter
referred to as the ``Plan''), in coordination with the Inter-American
Development Bank and other bilateral and multilateral donors.
(e) Definitions.--In this section--
(1) the term the ``Plan of the Alliance for Prosperity in
the Northern Triangle'' means the plan developed by the
Governments of El Salvador, Guatemala, and Honduras, with the
technical assistance of the Inter-American Development Bank, to
address national security priorities, including rule of law and
anti-corruption initiatives; and
(2) the term ``unaccompanied alien child'' has the meaning
given such term in section 269(g)(2) of the Homeland Security
Act of 2002.
SEC. 102. UNITED STATES COORDINATOR ON THE STRATEGY 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 the Strategy. The official shall report directly to the
Secretary of State.
(b) Duties.--The official designated under subsection (a) shall
coordinate all efforts, activities, and programs related to the United
States Strategy for Engagement in Central America, including the
following:
(1) Coordinating with the Department of State, the
Department of Justice, the Department of Defense, the
Department of the Treasury, the Department of Homeland
Security, the intelligence community (as such term is defined
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))), the United States Agency for International
Development, and international partners on efforts to--
(A) dismantle and disrupt criminal gangs, illicit
trafficking networks, illicit financial networks, human
smuggling networks, and organized crime;
(B) combat corruption, and strengthen the rule of
law, democratic governance, and human rights
protections; and
(C) prevent and mitigate the effects of criminal
gangs and other criminal organizations on vulnerable
Central American populations.
(2) 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.
(3) Coordinating with the Department of State, the
Department of Agriculture, the United States Agency for
International Development, the Department of Labor, the
Overseas Private Investment Corporation, the United States
Trade and Development Agency, and international partners,
including the Inter-American Development Bank, to strengthen
the foundation for inclusive economic growth and improve food
security, the investment climate, and protections for labor
rights.
(4) Coordinating with the Ambassador-at-Large for Global
Women's Issues, the Senior Coordinator for Gender Equality and
Women's Empowerment at the United States Agency for
International Development, the President and Chief Executive
Officer of the Inter-American Foundation, and international
partners to develop and implement new community-based
interventions to combat sexual, gender-based, and domestic
violence.
(c) Consultation.--The official designated under subsection (a)
shall consult multilateral organizations and institutions, and domestic
and international civil society organizations, in strategy development
and implementation.
SEC. 103. REQUIREMENT FOR STRATEGY TO SECURE SUPPORT OF INTERNATIONAL
DONORS AND PARTNERS.
(a) Strategy.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a 3-year strategy that--
(1) describes how the United States will secure support
from international donors and regional partners to enhance the
implementation of the Strategy;
(2) identifies governments that are willing to provide
financial and technical assistance for the implementation of
the Strategy 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.
(b) 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 Strategy; and
(2) take all necessary steps to ensure effective
cooperation among international donors and partners supporting
the Strategy.
(c) Report.--Not later than one year after submitting the strategy
under subsection (a) and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report 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 specified in subsection (a)(3).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Appropriations of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate; and
(4) the Committee on Appropriations of the Senate.
SEC. 104. STRENGTHENING THE RULE OF LAW AND COMBATING CORRUPTION.
There are authorized to be appropriated such sums as may be
necessary 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 in Central American countries through the following
activities:
(1) Strengthening the rule of law in Central American
countries by providing support for:
(A) Attorney general offices, public prosecutors,
and the judiciary, including the enhancement of
investigative and forensics capabilities.
(B) The promotion of independent, merit-based
selection processes for judges and prosecutors,
independent internal controls, and relevant ethics and
professional training, including training on sexual,
gender-based, and domestic violence.
(C) The improvement of victim, witness, and
whistleblower protection and access to justice.
(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 organizations conducting
oversight of executive branch officials and functions,
police and security forces, and judicial officials and
public prosecutors.
(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 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.
(D) Local governments and their capacity to provide
critical safety, education, health, and sanitation
services to citizens.
(4) Defending human rights by providing support for:
(A) Human rights ombudsman offices.
(B) Government protection programs that provide
physical protection and security to human rights
defenders, journalists, trade unionists,
whistleblowers, 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
the rights of individuals with diverse sexual
orientations or gender identities.
(D) Civil society organizations that address
sexual, gender-based, and domestic violence, and that
protect victims of such violence.
SEC. 105. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY.
There are authorized to be appropriated such sums as may be
necessary 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 smuggling networks in Central American
countries through the following activities:
(1) Countering criminal activity by providing assistance to
civilian law enforcement, including support for--
(A) the execution and management of complex, multi-
actor criminal cases;
(B) the enhancement of intelligence collection
capacity, and training on civilian intelligence
collection (including safeguards for privacy and basic
civil liberties), investigative techniques, forensic
analysis, and evidence preservation;
(C) community policing policies and programs;
(D) the enhancement of capacity to identify,
investigate, and prosecute crimes involving sexual,
gender-based, and domestic violence; and
(E) port, airport, and border security systems,
including--computer infrastructure and data management
systems, secure communications technologies,
nonintrusive inspection equipment, radar and aerial
surveillance equipment, and canine units.
(2) Disrupting illicit financial networks, including by
providing support for--
(A) finance ministries, including for the
imposition of 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 smuggling networks,
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.
(3) 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; and
(C) training and the development of protocols
regarding the appropriate use of force and human
rights.
(4) Improving crime prevention, and reducing violence,
extortion, child recruitment into gangs, and sexual slavery by
providing support for--
(A) the improvement of child protection systems;
(B) the enhancement of programs for at-risk youth,
including the improvement of community centers and
programs aimed at successfully reinserting former gang
members;
(C) livelihood programming that provides youth and
other at-risk individuals with legal and sustainable
alternatives to gang membership;
(D) safe shelter and humanitarian responses for
victims of crime and internal displacement; and
(E) programs to receive and effectively re-
integrate repatriated migrants in El Salvador,
Guatemala, and Honduras.
SEC. 106. COMBATING SEXUAL, GENDER-BASED, AND DOMESTIC VIOLENCE.
There are authorized to be appropriated such sums as may be
necessary for the Secretary of State and the Administrator of the
United States Agency for International Development to counter sexual,
gender-based, and domestic violence in Central American countries
through the following activities:
(1) Broadening engagement among national and local
institutions to address sexual, gender-based, and domestic
violence.
(2) Supporting educational initiatives to reduce sexual,
gender-based, and domestic violence.
(3) Supporting outreach efforts tailored to meet the needs
of women, girls, individuals of diverse sexual orientations or
gender identities, and other vulnerable individuals at risk of
violence and exploitation.
(4) Formalizing standards of care and confidentiality at
police, health facilities, and other government facilities.
(5) Establishing accountability mechanisms for perpetrators
of violence.
SEC. 107. TACKLING EXTREME POVERTY AND ADVANCING ECONOMIC DEVELOPMENT.
There are authorized to be appropriated such sums as may be
necessary for the Secretary of State and the Administrator of the
United States Agency for International Development to tackle extreme
poverty and the underlying causes of poverty in Central American
countries through the following activities:
(1) Strengthening human capital, including by providing
support for--
(A) workforce development and entrepreneurship
training programs that are driven by market demand,
including programs that prioritize women, at-risk
youth, and indigenous communities;
(B) improving early-grade literacy, and primary and
secondary school curricula;
(C) relevant professional training for teachers and
educational administrators;
(D) educational policy reform and improvement of
education sector budgeting; and
(E) establishment and expansion of safe schools and
related facilities for children.
(2) Enhancing economic competitiveness and investment
climate by providing support for--
(A) small business development centers and programs
that strengthen supply chain integration;
(B) the improvement of protections for investors,
including dispute resolution and arbitration
mechanisms;
(C) trade facilitation and customs harmonization
programs; and
(D) reducing energy costs through investments in
clean technologies and the reform of energy policies
and regulations.
(3) Strengthening food security, including by providing
support for:
(A) Small and medium-scale sustainable agriculture,
including by providing technical training, improving
access to credit, and promoting 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
malnutrition and stunting rates.
(D) Mitigation, adaptation, and recovery programs
in response to natural disasters and other external
shocks.
(4) Improving 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.
SEC. 108. CONDITIONS, LIMITATIONS, AND CERTIFICATIONS ON UNITED STATES
ASSISTANCE.
(a) Assistance Funding 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 funds
made available for the Governments of El Salvador, Guatemala, and
Honduras to carry out the United States Strategy for Engagement in
Central America.
(b) Conditions Related To Combatting Smuggling and Providing for
Screening and Safety of Migrants.--In addition, 25 percent of the funds
that are made available for assistance for the Governments of El
Salvador, of Guatemala, and of Honduras to carry out the United States
Strategy for Engagement in Central America 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 networks and trafficking
organizations, 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 asylum
or other forms of protection, in accordance with regional and
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 are not found to have a
well-founded fear of persecution or other serious harm, 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 fleeing violence.
(c) Conditions Related to Progress on Specific Issues.--
(1) Effective implementation.--In addition, 50 percent of
the funds that are made available for assistance for the
Governments of El Salvador, of Guatemala, and of Honduras to
carry out the United States Strategy for Engagement in Central
America may only be made available after the Secretary consults
with, and subsequently certifies and reports to, the
appropriate congressional committees that such governments are
meeting these conditions in their respective countries, in
addition to steps taken during the previous calendar year, to--
(A) combat corruption, including investigating and
prosecuting government officials, military personnel,
and civilian police officers credibly alleged to be
corrupt;
(B) implement reforms and strengthen the rule of
law, including increasing the capacity and independence
of the judiciary and public prosecutors;
(C) counter the activities of armed criminal gangs,
illicit trafficking networks, and organized crime;
(D) establish and implement a plan to create a
professional, accountable civilian police force and
curtail the role of the military in internal policing;
(E) 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;
(F) counter and prevent domestic, sexual, and
gender-based violence;
(G) cooperate, as appropriate, with international
human rights entities and international commissions
against impunity, including the United Nations'
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;
(H) implement electoral and political reforms,
including reforms related to improving the transparency
of financing political campaigns and political parties;
(I) protect the right of political opposition
parties, journalists, trade unionists, human rights
defenders, whistleblowers, and other civil society
activists to operate without interference;
(J) increase government revenues, including by
enhancing tax collection, strengthening customs
agencies, and reforming procurement processes;
(K) implement reforms to strengthen educational
systems, vocational training programs, and programs for
at-risk youth;
(L) resolve commercial disputes, including the
confiscation of real property, between United States
entities and the respective governments; and
(M) 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.
(2) Additional elements.--The Secretary of State may not
certify that the Government of Guatemala is taking effective
steps to address the issues listed in paragraph (1) until after
the Government of Guatemala--
(A) extends the mandate of the International
Commission against Impunity in Guatemala (CICIG) beyond
2019; and
(B) permits the CICIG Commissioner and CICIG staff
to carry out their work with government obstruction.
(3) Exception.--The certification and reporting
requirements under paragraph (1) shall not apply to assistance
provided to the International Commission against Impunity in
Guatemala and the Mission to Support the Fight against
Corruption and Impunity in Honduras.
(d) Reprogramming.--
(1) In general.--Funds withheld pursuant to the limitations
described in subsections (b) and (c) shall be made available
for programs in El Salvador, Guatemala, and Honduras that do
not directly support the central governments of such countries.
(2) Exception.--The limitations described in subsections
(b) and (c) do not apply to funds authorized to be appropriated
by this Act for humanitarian assistance or global good security
programs.
SEC. 109. LIMITATIONS ON FUNDING.
None of the amounts authorized to be appropriated pursuant to this
title may be used or transferred to another agency to assist in the
removal or repatriation of any individual from a third country to his
or her country of origin or to another country.
TITLE II--ADDRESSING MIGRATION NEEDS BY STRENGTHENING REGIONAL
HUMANITARIAN RESPONSES FOR REFUGEES AND ASYLUM SEEKERS IN THE WESTERN
HEMISPHERE
SEC. 201. EXPANDING REFUGEE AND ASYLUM PROCESSING IN THE WESTERN
HEMISPHERE.
(a) Refugee Processing.--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 strengthen the domestic capacity of countries in the
Western Hemisphere to process and accept refugees for resettlement and
adjudicate asylum claims, including by--
(1) providing support and technical assistance to expand
and improve the capacity to identify, process, and adjudicate
refugee claims, adjudicate applications for asylum, or
otherwise accept refugees referred for resettlement by the
United Nations High Commissioner for Refugees or host nations,
including by increasing the number of refugee and asylum
officers who are trained in the relevant legal standards for
adjudicating claims for protection;
(2) establishing and expanding safe and secure refugee
reception centers to facilitate the safe and orderly movement
of individuals and families seeking international protection;
(3) improving national refugee and asylum registration
systems to ensure that any person seeking refugee status,
asylum, or other humanitarian protections--
(A) receives due process and meaningful access to
existing humanitarian protections;
(B) is provided with adequate information about his
or her rights, including the right to seek protection;
(C) is properly screened for security, including
biographic and biometric capture; and
(D) receives appropriate documents to prevent fraud
and ensure freedom of movement and access to basic
social services; and
(4) developing the capacity to conduct best interest
determinations for unaccompanied children with international
protection needs to ensure that such children are properly
registered and that their claims are appropriately considered.
(b) Diplomatic Engagement and Coordination.--The Secretary of
State, in coordination with the Secretary of Homeland Security, as
appropriate, shall--
(1) carry out diplomatic engagement to secure commitments
from governments to resettle refugees from Central America; and
(2) take all necessary steps to ensure effective
cooperation among governments resettling refugees from Central
America.
SEC. 202. FURTHER STRENGTHENING REGIONAL HUMANITARIAN RESPONSES IN THE
WESTERN HEMISPHERE.
The Secretary of State, in consultation with the Secretary of
Homeland Security, and in coordination with international partners,
including the United Nations High Commissioner for Refugees, shall
support and coordinate with the government of each country hosting a
significant population of refugees and asylum seekers from El Salvador,
Guatemala, and Honduras to--
(1) establish and expand temporary shelter and shelter
network capacity to meet the immediate protection and
humanitarian needs of refugees and asylum seekers, including
shelters for families, women, unaccompanied children, and other
vulnerable populations;
(2) deliver gender-, trauma-, and age-sensitive
humanitarian assistance to refugees and asylum seekers,
including access to accurate information, legal representation,
education, livelihood opportunities, cash assistance, and
health care;
(3) establish and expand sexual, gender-based, and domestic
violence prevention, recovery, and humanitarian programming;
(4) fund national- and community-led humanitarian
organizations in humanitarian response; and
(5) support local integration initiatives to help refugees
and asylum seekers rebuild their lives and contribute in a
meaningful way to the local economy in their host country.
SEC. 203. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall design and implement public
information campaigns in El Salvador, Guatemala, and Honduras to--
(1) disseminate information about the potential dangers of
travel to the United States;
(2) provide accurate information about United States
immigration law and policy; and
(3) provide accurate information about the availability of
asylum and other humanitarian protections in countries in the
Western Hemisphere.
(b) Elements.--The information campaigns implemented pursuant to
subsection (a) shall, to the greatest extent possible--
(1) be targeted at regions with high rates of violence,
high levels of out-bound migration, or significant populations
of internally displaced persons;
(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.
SEC. 204. DEFINITIONS.
In this title--
(1) the term ``internally displaced persons'' means persons
or groups of persons who have been forced to leave their homes
or places of habitual residence, in particular due to armed
conflict, generalized violence, violations of human rights, or
natural or human-made disasters, and who have not crossed an
internationally recognized state border;
(2) the term ``international protection'' means asylum
status, refugee status, protection under the Convention Against
Torture, and other regional protection status available in the
Western Hemisphere; and
(3) the term ``best interest determination'' means a formal
process with procedural safeguards designed to give primary
consideration to the child's best interests in decisionmaking.
SEC. 205. REPORTING REQUIREMENT.
Not later than 90 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 describing the plans of the Secretary
of State to assist in developing the refugee and asylum processing
capabilities described in this title to--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the House of
Representatives;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Foreign Relations of the Senate; and
(6) the Committee on Appropriations of the Senate.
TITLE III--MANAGING MIGRATION THROUGH REFUGEE RESETTLEMENT,
COMPLEMENTARY PATHWAYS, AND STRENGTHENING REPATRIATION INITIATIVES.
SEC. 301. IDENTIFICATION, SCREENING, AND PROCESSING OF REFUGEES AND
OTHER INDIVIDUALS ELIGIBLE FOR LAWFUL ADMISSION TO THE
UNITED STATES.
(a) Designated Processing Centers.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
enter into agreements for the establishment by the Secretary of
Homeland Security of Designated Processing Centers for the
registration, screening, and processing of refugees and other
eligible individuals in North and Central America, and the
resettlement or relocation of these individuals to the United
States or other countries.
(2) Locations.--One or more Designated Processing Centers
shall be established in a safe and secure location identified
by the United States and the host government in--
(A) El Salvador;
(B) Guatemala;
(C) Honduras;
(D) Mexico;
(E) Costa Rica; and
(F) any other country deemed appropriate by the
Secretary of State to accept and process requests and
applications under this title, including any country in
North or Central America hosting significant numbers of
refugees or other displaced individuals.
(b) Assistant Director of Regional Processing.--
(1) In general.--There shall be an Assistant Director of
Regional Processing, who shall report to the Director of U.S.
Citizenship and Immigration Services, and who shall oversee the
establishment and operation of all Designated Processing
Centers.
(2) Duties.--The Assistant Director of Regional Processing,
in coordination with the Secretary of Homeland Security and the
Director of U.S. Citizenship and Immigration Services, shall--
(A) coordinate with the Secretary of State and the
host country to ensure that each Designated Processing
Center is safe, secure, and reasonably accessible to
the public to facilitate the registration, screening,
and processing of individuals under this title;
(B) establish standard operating procedures for the
registration, screening, and processing of individuals
under this title;
(C) oversee the administration of such procedures;
and
(D) carry out other duties and powers prescribed by
the Director of U.S. Citizenship and Immigration
Services.
(c) Personnel.--
(1) Refugee officers and related personnel.--The Secretary
of Homeland Security, in consultation with the Director of U.S.
Citizenship and Immigration Services and the Assistant Director
of Regional Processing, shall ensure that sufficient numbers of
refugee officers and other personnel are assigned to each
Designated Processing Center to fulfill the requirements of
this title.
(2) Support personnel.--The Secretary of Homeland Security
and the Attorney General shall hire and assign sufficient
personnel to ensure that absent exceptional circumstances, all
security and law enforcement background checks required under
this title are completed in 180 days or less.
(d) Operations.--
(1) In general.--Absent extraordinary circumstances, each
Designated Processing Center shall commence operations not
later than 270 days after the date of the enactment of this
Act.
(2) Productivity.--The Secretary of Homeland Security, in
coordination with the Secretary of State, shall monitor the
activities of each Designated Processing Center and establish
metrics and criteria for evaluating the productivity of each
Designated Processing Center.
(3) Continuing operations.--Each Designated Processing
Center shall remain in operation for at least five fiscal
years, and shall continue in operation until such time as the
Secretary of Homeland Security, in consultation with the
Secretary of State, determines, under the metrics and criteria
established under paragraph (2), that for at least 4
consecutive calendar quarters the Designated Processing Center
has failed to maintain sufficient productivity.
(e) Congressional Reports.--Not later than January 31 following the
end of each fiscal year, and beginning with the first fiscal year that
at least one Designated Processing Center commences operations, the
Secretary of Homeland Security, in consultation with the Secretary of
State, shall submit a report to the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of Representatives and to the
Committee on the Judiciary and the Committee on Foreign Relations of
the Senate on the number of individuals who have been registered,
screened, and processed for benefits under this title at each
Designated Processing Center, including the number of benefits requests
that have been approved and the number of benefits requests that have
been denied.
SEC. 302. REGISTRATION AND INTAKE.
(a) Registration.--Each Designated Processing Center shall receive
and register individuals seeking to apply for benefits under this
title.
(b) Intake.--Consistent with this title, registered individuals
shall be assessed to determine the benefits for which they may be
eligible, including--
(1) refugee resettlement pursuant to the Central American
Refugee Program described in section 303;
(2) the Central American Minors Program described in
section 304;
(3) the Central American Family Reunification Parole
Program described in section 305; and
(4) referral for suitable temporary worker programs under
the Central American Worker Referral Program described in
section 306.
(c) Expedited Processing.--Expedited processing of applications and
requests under this title shall be granted in emergency situations, for
humanitarian reasons, or if other circumstances warrant expedited
treatment in the exercise of discretion.
SEC. 303. CENTRAL AMERICAN REFUGEE PROGRAM.
(a) In General.--In addition to any refugees designated for
admission under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), in each of fiscal years 2020, 2021, 2022, 2023, and 2024,
not less than 100,000 nationals of El Salvador, Guatemala, and Honduras
combined shall be admitted into the United States under this section.
Admission under this subsection shall be available to any such national
who registers at a Designated Processing Center and is determined to be
admissible as a refugee of special humanitarian concern to the United
States consistent with this section.
(b) Initial Processing.--
(1) In general.--Any individual who registers at a
Designated Processing Center and who expresses a fear of
persecution or an intention to apply for refugee status may
make an application for refugee resettlement under this
section. Upon filing of a completed application, the applicant
shall be referred to a refugee officer for further processing
consistent with this section.
(2) Submission of biographic and biometric data.--An
applicant described in paragraph (1) shall be required to
submit biographic and biometric data in accordance with
procedures established by the Assistant Director of Regional
Processing. The Assistant Director shall provide an alternative
procedure for applicants who are unable to provide all required
biographic and biometric data due to a physical or mental
impairment.
(3) Background checks.--The Assistant Director of Regional
Processing shall utilize biometric, biographic, and other
appropriate data to conduct security and law enforcement
background checks of applicants to determine whether there is
any criminal, national security, or other ground that would
render the applicant ineligible for admission as a refugee
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157).
(4) Orientation.--The Assistant Director of Regional
Processing shall provide prospective applicants for refugee
resettlement with information on applicable requirements and
legal standards. All orientation materials, including
application forms and instructions, shall be provided in
English and Spanish.
(5) International organizations.--The Secretary of State,
in consultation with the Secretary of Homeland Security, shall
enter into agreements with international organizations,
including the United Nations High Commissioner for Refugees, to
facilitate the processing and preparation of case files for
applicants under this section.
(c) Adjudication of Applications.--
(1) In general.--Not later than 60 days after the date on
which an applicant is referred under subsection (b)(1), the
applicant shall be interviewed by a refugee officer for a
determination of whether the applicant is a refugee of special
humanitarian concern, as described in paragraph (5).
(2) Decision.--Not later than 14 days after the date on
which an applicant is interviewed under paragraph (1), the
refugee officer shall issue a written decision on the
application.
(3) Approval of application.--If the refugee officer
approves an application under this section, the applicant shall
be processed for resettlement to the United States as a refugee
under section 207 of the Immigration and Nationality Act. The
security and law enforcement background checks required under
subsection (b)(3) shall be completed, to the satisfaction of
the Assistant Director of Regional Processing, before the date
on which an approved applicant may be admitted to the United
States.
(4) Denial of application.--If the refugee officer denies
an application under this section, the officer shall include a
reasoned, written explanation for the denial and refer the
applicant for a determination of eligibility for other benefits
under this title, consistent with section 302(b). A denied
applicant may request review of the decision by a supervisory
refugee officer not later than 30 days after the date of the
denial. The supervisory refugee officer shall issue a final
written decision within 30 days of the request for review.
(5) Refugees of special humanitarian concern.--For the
purposes of this section, refugees of special humanitarian
concern to the United States shall include individuals who have
suffered, or have a well-founded fear of suffering--
(A) domestic, sexual, or other forms of gender-
based violence, including persecution based on sexual
orientation or gender identity;
(B) violence, extortion, or other forms of
persecution (including forced recruitment) committed by
gangs or other organized criminal organizations;
(C) a severe form of trafficking in persons; or
(D) other serious human rights abuses.
(6) Spouses and minor children.--The spouse or child of any
applicant who qualifies for admission under section 207(c) of
the Immigration and Nationality Act shall be granted the same
status as the applicant if accompanying or following to join
such applicant, consistent with such section.
(7) Refugee status.--An individual who is admitted to the
United States as a refugee under this section shall enjoy the
same rights and privileges and shall be subject to the same
grounds for termination of refugee status as provided in
sections 207 and 209 of the Immigration and Nationality Act.
(8) Fees.--No fee shall be imposed for the filing,
processing, or adjudication of an application under this
section.
(d) Optional Referral to Other Countries.--
(1) In general.--Notwithstanding subsection (b), an
applicant for refugee resettlement under this section may be
referred to another country for the processing of the
applicant's refugee claim if--
(A) another country agrees to immediately process
the applicant's refugee claim in accordance with the
terms and procedures of a bilateral agreement under
paragraph (2); and
(B) the applicant lacks substantial ties to the
United States as defined in paragraph (3) or requests
resettlement to a country other than the United States.
(2) Bilateral agreements for referral of refugees.--
(A) In general.--The Secretary of State, in
consultation with the Secretary of Homeland Security,
shall enter into bilateral agreements with other
countries for the referral, processing, and
resettlement of individuals who register with a
Designated Processing Center and seek to apply for
refugee resettlement under this section. Such
agreements shall be limited to countries with the
demonstrated capacity to accept and adjudicate
applications for refugee status, and other forms of
international protection, and resettle refugees
consistent with obligations under the 1951 United
Nations Convention Relating to the Status of Refugees
and the 1967 United Nations Protocol Relating to the
Status of Refugees.
(B) International organizations.--The Secretary of
State, in consultation with the Secretary of Homeland
Security, shall enter into agreements with
international organizations, including the United
Nations High Commissioner for Refugees, to facilitate
the referral, processing, and resettlement of
individuals covered under this paragraph.
(3) Substantial ties defined.--An individual has
substantial ties to the United States if the individual--
(A) has a spouse, parent, son, daughter, sibling,
grandparent, aunt, or uncle who resides in the United
States;
(B) can demonstrate previous residence in the
United States for not less than 2 years; or
(C) can otherwise demonstrate substantial ties to
the United States as defined by the Secretary of
Homeland Security.
(e) Emergency Relocation Coordination.--The Secretary of State, in
consultation with the Secretary of Homeland Security, shall enter into
bilateral or multilateral agreements with other Western Hemisphere
countries to establish safe and secure emergency transit centers for
individuals who register at a Designated Processing Center, are deemed
to face an imminent risk of harm, and require temporary placement in a
safe location pending a final decision on an application under this
section. Such agreements shall be developed in consultation with the
United Nations High Commissioner for Refugees and shall conform to
international humanitarian standards.
(f) Expansion of Refugee Corps.--Not later than 60 days after the
date of the enactment of this Act, and subject to the availability of
amounts provided in advance in appropriation Acts, the Secretary of
Homeland Security shall appoint additional refugee officers as may be
necessary to carry out this section.
SEC. 304. CENTRAL AMERICAN MINORS PROGRAM.
(a) Eligibility.--If it is determined as a result of the assessment
under section 302(b) that an alien is eligible for special immigrant
status in accordance with this subsection, the Designated Processing
Center shall accept a petition for such status filed by the alien, or
on behalf of the alien by a parent or legal guardian, and, subject to
subsection (d) and notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide the alien with status as a
special immigrant under section 101(a)(27) of the Immigration and
Nationality Act. An alien shall be eligible under this subsection if
the alien--
(1) is a national of El Salvador, Honduras, or Guatemala;
(2) is an unmarried child (as defined in section 101(b)(1)
of the Immigration and Nationality Act) of an individual who is
lawfully present in the United States;
(3) is otherwise eligible to receive an immigrant visa; and
(4) is otherwise admissible to the United States (excluding
the grounds of inadmissibility specified in section 212(a)(4)
of the Immigration and Nationality Act).
(b) Minor Children.--Any child (as defined in section 101(b)(1) of
the Immigration and Nationality Act) of an alien described in
subsection (b) is entitled to the same special immigrant status if
accompanying or following to join the alien.
(c) Numerical Limitations.--
(1) In general.--The total number of aliens who may be
provided special immigrant status under this section may not
exceed 10,000 per year for the fiscal year during which at
least one Designated Processing Center commences operations,
and for each of the four fiscal years that immediately follow.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against any numerical limitation under section 201,
202, or 203 of the Immigration and Nationality Act.
(3) Carry forward.--If the numerical limitation under
paragraph (1) is not reached during a given fiscal year, the
numerical limitation under such paragraph for the following
fiscal year shall be increased by a number equal to the
difference between--
(A) the total number of aliens provided special
immigrant status under paragraph (1) for the given
fiscal year; and
(B) the number of aliens provided special immigrant
status under this section during the given fiscal year.
(d) Petition and Adjudication.--
(1) In general.--Absent exceptional circumstances, an
eligible alien shall be permitted to submit a petition for
special immigrant status under this section up to 90 days after
the date the alien was determined to be eligible for such
status.
(2) Adjudication deadlines.--Absent exceptional
circumstances, petitions submitted under this section shall be
adjudicated not later than 180 days after submission.
(3) Applicants under prior cam program.--The Secretary of
Homeland Security shall deem an application filed under the
Central American Minors Refugee Program, established on
December 1, 2014 and terminated on August 16, 2017, and which
was not the subject of a final disposition prior to January 31,
2018, to be a petition filed under this section. Absent
exceptional circumstances, the Secretary shall make a final
determination on such petitions not later than 180 days after
the date of enactment of this Act. The Secretary shall promptly
notify all relevant parties of the conversion of a CAM
application into a special immigrant petition, and shall
provide instructions for withdrawal of the petition if the
alien no longer wishes to proceed with the requested relief.
(4) Biometrics and background checks.--
(A) Submission of biometric and biographic data.--
Petitioners for special immigrant status under this
section shall be required to submit biometric and
biographic data in accordance with procedures
established by the Assistant Director of Regional
Processing. The Assistant Director shall provide an
alternative procedure for applicants who are unable to
provide all required biometric data due to a physical
or mental impairment.
(B) Background checks.--The Assistant Director of
Regional Processing shall utilize biometric,
biographic, and other appropriate data to conduct
security and law enforcement background checks of
petitioners to determine whether there is any criminal,
national security, or other ground that would render
the applicant ineligible for special immigrant status
under this section.
(C) Completion of background checks.--The security
and law enforcement background checks required under
subparagraph (B) shall be completed, to the
satisfaction of the Assistant Director of Regional
Processing, before the date on which a petition for
special immigrant status under this section may be
approved.
SEC. 305. CENTRAL AMERICAN FAMILY REUNIFICATION PAROLE PROGRAM.
(a) In General.--If it is determined as a result of the assessment
under section 302(b) that an alien is eligible for parole in accordance
with this subsection, the Designated Processing Center shall accept a
completed application for parole filed by the alien, or on behalf of
the alien by a parent or legal guardian, and the Secretary of Homeland
Security shall grant parole, as provided under section 212(d)(5), to
that alien. An alien shall be eligible under this subsection if the
alien--
(1) is a national of El Salvador, Guatemala, or Honduras;
(2) is the beneficiary of an approved immigrant visa
petition under section 203(a) of the Immigration and
Nationality Act; and
(3) does not have an immigrant visa that is immediately
available but the visa is expected to be available within 5
years of the date the alien registers with a Designated
Processing Center.
(b) Application and Adjudication.--
(1) In general.--Absent exceptional circumstances, an
eligible alien shall be permitted to submit an application for
parole under this section up to 90 days after the date the
alien is determined to be eligible for parole.
(2) Adjudication deadlines.--Absent exceptional
circumstances, applications submitted under this section shall
be adjudicated not later than 180 days after submission.
(3) Biometrics and background checks.--
(A) Submission of biometric and biographic data.--
Applicants for parole under this section shall be
required to submit biometric and biographic data in
accordance with procedures established by the Assistant
Director of Regional Processing. The Assistant Director
shall provide an alternative procedure for applicants
who are unable to provide all required biometric data
due to a physical or mental impairment.
(B) Background checks.--The Assistant Director of
Regional Processing shall utilize biometric,
biographic, and other appropriate data to conduct
security and law enforcement background checks of
applicants to determine whether there is any criminal,
national security, or other ground that would render
the applicant ineligible for parole under this section.
(C) Completion of background checks.--The security
and law enforcement background checks required under
subparagraph (B) shall be completed to the satisfaction
of the Assistant Director of Regional Processing before
the date on which an application for parole may be
approved.
(4) Approval.--Designated Processing Centers shall issue
appropriate travel documentation to aliens granted parole. Such
documentation must be presented to U.S. Customs and Border
Protection at a port of entry for parole into the United States
within 120 days of issuance.
SEC. 306. CENTRAL AMERICAN WORKER REFERRAL PROGRAM.
(a) In General.--An alien who registers with a Designated
Processing Center shall be screened for referral for suitable temporary
worker programs as provided in this section.
(b) Qualifying Temporary Worker Programs.--In accordance with the
standard operating procedures described in section 301(b)(2)(B) of this
title, and using tools and resources developed by the Secretary of
Homeland Security in consultation with the Secretary of Labor,
Designated Processing Centers shall--
(1) connect prospective workers to U.S. employers or
recruiters seeking temporary workers to perform agricultural
labor or services as described in section 101(a)(15)(H)(ii)(a)
of the Immigration and Nationality Act, or other temporary or
seasonal work as described in section 101(a)(15)(H)(ii)(b) of
the Immigration and Nationality Act; and
(2) connect prospective workers to an organization,
approved by the Department of State to sponsor exchange
visitors as described under section 101(a)(15)(J) of the
Immigration and Nationality Act, for placement as an au pair
with a qualified host family in the United States.
(c) Other Temporary Work Programs.--The Secretary of Homeland
Security, in consultation with the Secretary of Labor, may, as a matter
of discretion, develop tools and resources and establish procedures to
allow Designated Processing Centers to connect prospective workers to
other temporary employment, training, or exchange visitor opportunities
in the United States that require nonimmigrant visa sponsorship.
(d) Eligibility.--Eligibility for referral under this section shall
be limited to nationals of El Salvador, Guatemala, or Honduras who--
(1) have registered with a Designated Processing Center;
and
(2) have agreed in writing to participate in the referral
program.
Eligible individuals shall only be referred to prospective employers or
designated organizations for possible visa sponsorship and employment
in an area or areas in which the individual has indicated a willingness
and desire to work.
(e) Limitations.--Nothing in this section shall be construed--
(1) to limit the obligations of an employer, recruiter,
designated organization, or other entity to fulfill all
requirements for nonimmigrant visa sponsorship as required
under the relevant provisions of the Immigration and
Nationality Act and regulations issued by the Secretary of
Homeland Security or the Attorney General;
(2) to guarantee employment or visa sponsorship for any
prospective worker who registers with a Designated Processing
Center; or
(3) to allow a Designated Processing Center, employer,
recruiter, or designated organization to charge or collect any
placement or referral fee for services rendered under this
section.
SEC. 307. INFORMATIONAL CAMPAIGN; CASE STATUS HOTLINE.
(a) Informational Campaign.--The Secretary of Homeland Security
shall implement an informational campaign, in English and Spanish, in
the United States, El Salvador, Guatemala, and Honduras to increase
awareness of the provisions of this title.
(b) Case Status Hotline.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
establish a case status hotline providing confidential processing
information on pending cases.
TITLE IV--IMPROVING BORDER INFRASTRUCTURE FOR FAMILIES AND CHILDREN;
CRACKING DOWN ON CRIMINAL ORGANIZATIONS.
SEC. 401. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Officers.--The Commissioner of U.S. Customs and Border
Protection shall, every fiscal year, hire, train, and assign not fewer
than 200 new officers above the level as of September 30 of the
immediately preceding fiscal year until the total number of officers
equals the requirements identified each year in the Workload Staffing
Model issued by the Commissioner pursuant to the Department of Homeland
Security Appropriations Act, 2012 (hereinafter in this title referred
to as the ``Workload Staffing Model'').
(b) Protection of Human Rights and Child Welfare.--
(1) Humanitarian specialists and child welfare
professionals.--Not later than the last day of the first fiscal
year after the date of enactment of this Act, the Commissioner
of U.S. Customs and Border Protection shall hire, train, and
assign not fewer than 100 new humanitarian specialists and not
fewer than 100 new child welfare professionals. The
Commissioner shall thereafter annually hire, train, and assign
an additional 100 specialists and 100 professionals under this
section until the Commissioner determines that a sufficient
number of such specialists and professionals are available to
adequately provide for the protection of the health and welfare
of aliens arriving at the border or in the custody of the
Commissioner, including the requirements of sections 404 and
405. The total number of such specialists and professionals may
not be less than the requirements identified in the Workload
Staffing Model. The Commissioner is authorized to enter into
such contracts as may be necessary to carry out this
subsection, including with independent child welfare
professionals.
(2) Qualified experts in pediatric medicine.--The
Commissioner of U.S. Customs and Border Protection shall, every
fiscal year, hire, train, and assign qualified experts in
pediatric medicine in such numbers as the Commissioner
determines appropriate to adequately provide for the health
needs of children arriving at the border or in the custody of
the Commissioner, including the requirements of sections 404
and 405.
(c) Agricultural Specialists.--The Commissioner of U.S. Customs and
Border Protection shall, every fiscal year, hire, train, and assign not
fewer than 100 new agricultural specialists above the level as of
September 30 of the immediately preceding fiscal year until the total
number of such specialists equals the requirements identified each year
in the Agriculture Resource Allocation Model developed by the
Commissioner. The Commissioner is authorized to enter into such
contracts as may be necessary to carry out this subsection.
(d) Support Staff.--The Commissioner of U.S. Customs and Border
Protection is authorized to hire, train, and assign support staff,
including technicians and interpreters, to perform non-law enforcement
administrative functions to support all personnel of U.S. Customs and
Border Protection. The Commissioner is authorized to enter into such
contracts as may be necessary to carry out this subsection.
(e) Office of Professional Responsibility.--The Commissioner of
U.S. Customs and Border Protection shall hire, train, and assign
sufficient Office of Professional Responsibility special agents to
ensure that there is one such special agent for every 30 officers to
investigate criminal and administrative matters and misconduct by
officers and other employees of U.S. Customs and Border Protection. The
Commissioner is authorized to enter into such contracts as may be
necessary to carry out this subsection.
(f) Traffic Forecasts.--In calculating the number of U.S. Customs
and Border Protection officers needed at each land, air, and maritime
port of entry through the Workload Staffing Model, the Office of Field
Operations of U.S. Customs and Border Protection shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry; and
(2) consider volume due to regional humanitarian
conditions, seasonal increases, other projected changes in
commercial and passenger volumes, the most current commercial
forecasts, and other relevant information.
(g) Staffing Updates.--Not later than 90 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall report to Congress on the status of efforts to
implement subsections (a) through (e).
(h) Amendment.--Subparagraph (A) of section 411(g)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
(1) by striking ``model'' and inserting ``models'';
(2) by inserting ``humanitarian and agricultural
specialists, child welfare professionals,'' before ``and
support personnel''; and
(3) by inserting before the period at the end the
following: ``, and shall also provide information concerning
the progress made toward meeting officer, humanitarian and
agriculture specialists, child welfare professionals, and
support staff hiring targets, while accounting for attrition''.
(i) GAO Report.--If by March 31, 2020, the Commissioner of U.S.
Customs and Border Protection has not hired at least 100 additional
humanitarian specialists and 100 child welfare professionals in
accordance with subsection (b) or at least 200 additional U.S. Customs
and Border Protection officers in accordance with subsection (a), and
in any subsequent fiscal year in which the staffing levels specified in
the applicable Workload Staffing Model have not been achieved, the
Comptroller General of the United States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring policies and processes to identify factors contributing
to such levels not being achieved and any other issues related
to hiring by U.S. Customs and Border Protection;
(2) consider attrition levels within the Office of Field
Operations to identify associated factors contributing to
attrition within the workforce of such Office; and
(3) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report that describes
the results of the review and consideration under paragraphs
(1) and (2), respectively, and that contains recommendations to
enhance the likelihood of achieving such staffing levels.
SEC. 402. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that identifies--
(1) infrastructure improvements at ports of entry that
would enhance the ability of U.S. Customs and Border Protection
officers to process and protect refugees and asylum seekers,
facilitate daily pedestrian and vehicular trade and traffic,
and detect, interdict, disrupt, and prevent fentanyl, other
synthetic opioids, and other narcotics and psychoactive
substances and associated contraband from entering the United
States, including a description of circumstances in which
effective technology in use at certain ports of entry cannot be
implemented at other ports of entry;
(2) detection equipment that would improve the ability of
such officers to identify such drugs and other dangers that are
being illegally transported into the United States; and
(3) safety equipment that would protect such officers from
accidental exposure to such drugs or other dangers associated
with the inspection of potential drug traffickers.
SEC. 403. GENERAL SHORT-TERM CUSTODY STANDARDS IN CUSTOMS AND BORDER
PROTECTION FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the head of the Office of Civil Rights and Civil Liberties of
the Department of Homeland Security, in consultation with the
Commissioner of U.S. Customs and Border Protection, shall establish
short-term custody standards providing for basic minimum standards of
care, intake procedures, and capacity guidelines at all U.S. Customs
and Border Protection facilities holding individuals in the agency's
custody, including the following:
(1) U.S. Border Patrol stations.
(2) Ports of entry.
(3) Checkpoints.
(4) Forward operating bases.
(5) Secondary inspection areas.
(6) Short-term custody facilities.
(b) Requirements.--All U.S. Customs and Border Protection and
subcontracted or cooperating entity personnel shall undergo mandatory
training on all standards established in accordance with subsection
(a), shall ensure that detention space capacity will not be exceeded
except in emergency circumstances, and shall ensure that all
individuals in agency custody receive the following:
(1) Potable water and a snack, and, if detained for more
than five hours, a nutritious meal with regular meals and
snacks, thereafter.
(2) Medically appropriate meals and snacks for pregnant
women and individuals with identifiable medical needs.
(3) Adequate bathroom and shower facilities, as well as
basic toiletries and hygiene items, including soap, a
toothbrush, toilet paper, and other items appropriate for the
age and gender identification of such individuals, including
diapers and feminine hygiene products.
(4) A cot, clean linens, and blankets, if detained for more
than five hours.
(5) Adequate lighting and climate control that achieves a
reasonable indoor temperature.
(6) Adequate protection from the elements, including sun
shades, for outside holding areas.
(7) A physical and mental health screening conducted
promptly upon arrival in a manner that complies with the
requirements for such screenings specified in the National
Commission for Correctional Health Care Jails Standards, as
well as information about the availability of, and access to,
health care services that is communicated in a form and
language such individuals are known to understand.
(8) Immediate physical and mental health needs addressed by
a qualified health care professional as soon as possible.
(9) Prompt notice of the ability to make telephone calls
and the procedures therefore.
(10) Prompt notice of phone numbers to file a complaint
with the Office of the Inspector General of the Department and
the Office for Civil Rights and Civil Liberties of the
Department.
(11) A reasonable accommodation for religious practices.
(12) Applicable protections under the Prison Rape
Elimination Act of 2003 (42 U.S.C. 15601 et seq.; Public Law
108-79).
(13) Safe transport, including prevention of sexual assault
during transfer, including in subcontracted transportation
services, while such individuals are transported from a U.S.
Customs and Border Protection facility.
(c) Further Provisions.--The Commissioner of U.S. Customs and
Border Protection shall ensure that all individuals in agency custody--
(1) have regular access to consular officials and legal
service providers through confidential in-person visits or
telephonic communications;
(2) receive copies of all signed documents; and
(3) are transferred, together with records, including
medical screening records, to an appropriate U.S. Immigration
and Customs Enforcement or Department of Health and Human
Services Office of Refugee Resettlement facility or are safely
released from short-term custody within 72 hours of
apprehension.
(d) Surveillance of Certain Individuals in CBP Custody.--The
Commissioner of U.S. Customs and Border Protection shall ensure
constant surveillance of an individual in agency custody who exhibits
signs of hostility, depression, or similar behaviors, or who is
reasonably known to pose an elevated suicide risk.
(e) Physical and Mental Health Assessment.--The Commissioner of
U.S. Customs and Border Protection shall ensure that individuals in
agency custody for more than 24 hours receive, in addition to the
physical and mental health screening specified in subsection (b)(7), a
physical and mental health assessment by a qualified healthcare
professional. To the extent practicable, such individuals with known or
readily apparent disabilities, including temporary disabilities, shall
be housed in a manner that accommodates their mental or physical
condition, or both, and provides for the safety, comfort, and security
of such individuals.
(f) Return of Certain Belongings.--Any lawful, nonperishable
belongings of an individual in U.S. Customs and Border Protection
custody that are confiscated by personnel operating under Federal
authority shall be returned to such individual prior to the release or
repatriation of such individual.
(g) Inspection of Short-Term Custody Facilities.--Short-term
custody facilities shall be inspected at least once every year by the
Office of the Inspector General of the Department of Homeland Security,
with the results made public without the need to submit a request under
section 552 of title 5, United States Code.
(h) Consultation.--The Secretary of Homeland Security shall seek
input from nongovernmental organizations regarding their independent
opinion of specific U.S. Customs and Border Protection facilities and
permit regular access to such facilities by nongovernmental
organizations for human rights monitoring.
(i) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
promulgate regulations to--
(1) establish a publicly accessible online system allowing
any person with the alien number of an individual to track the
location of that individual in U.S. Customs and Border
Protection custody held in short-term custody, and provide an
online list of all locations with phone numbers routinely used
to hold individuals in short-term custody;
(2) improve the education of individuals in U.S. Customs
and Border Protection custody regarding administrative
procedures and legal rights under United States immigration
law, in consultation with the Executive Office for Immigration
Review; and
(3) ensure notification to Congress and the Office of the
Inspector General and the Office for Civil Rights and Civil
Liberties of the Department of Homeland Security within 48
hours of each instance in which--
(A) an individual in U.S. Customs and Border
Protection custody has died, including during transfer
to another facility or while being released; or
(B) an individual has died as the result of an
encounter with U.S. Customs and Border Protection.
(j) Annual Reports.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit to Congress a report that details all
instances in which an individual in U.S. Customs and Border Protection
custody has died in the prior fiscal year, including during transfer to
another facility or while being released, as well as all instances in
which an individual has died as the result of an encounter with U.S.
Customs and Border Protection, and the result of any subsequent
investigation. Such reports shall also detail all instances in which an
individual, including an individual in the custody of U.S. Customs and
Border Protection, has suffered serious injuries requiring
hospitalization as a result of the use of force by U.S. Customs and
Border Protection.
SEC. 404. STANDARDS FOR CHILDREN IN THE SHORT-TERM CUSTODY OF CUSTOMS
AND BORDER PROTECTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the head of the Office for Civil Rights and Civil Liberties of
the Department of Homeland Security, in consultation with the
Commissioner of U.S. Customs and Border Protection, shall establish
basic standards of care for the short-term custody of children by the
Commissioner of U.S. Customs and Border Protection.
(b) Requirements.--The standards required pursuant to subsection
(a) shall include and apply the general short term custody standards
described in section 403, as well as ensure that all children in the
custody of the Commissioner of U.S. Customs and Border Protection are
placed in a safe and sanitary location, and while in such custody--
(1) have available to them at all times diapers, diapering
supplies, infant formula, and infant feeding supplies, as
necessary;
(2) in the case of any child in such custody for more than
24 hours, have access to--
(A) a parent or other member of the family group,
including siblings, grandparents, aunts, and uncles in
U.S. Customs and Border Protection custody; and
(B) daily recreational programs and activities,
including recreational time outdoors; and
(3) are permitted to make supervised video conference
calls, if available, and telephone calls to family members (or
legal guardians).
(c) Ensuring Children Have Access to Legal Rights.--The Secretary
of Homeland Security shall ensure that on apprehension each child is
provided--
(1) an interview and screening with a child welfare
professional; and
(2) a video orientation and oral and written notice, in a
language understood by the child, of the rights of the child
under the immigration laws (as such term is defined in section
101 of the Immigration and Nationality Act), including--
(A) communication with counsel pursuant to section
292 of such Act (8 U.S.C. 1362); and
(B) an applicable complaint mechanism to report any
abuse, mistreatment, or misconduct.
SEC. 405. CHILD WELFARE AT THE BORDER.
(a) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services, experts
in child development, child welfare, and pediatric medicine, and other
relevant experts as appropriate, shall, by rule, develop and establish
guidelines for the intake and treatment of children and families in the
custody of the Commissioner of U.S. Customs and Border Protection.
(b) Mandatory Training.--The Secretary of Homeland Security shall--
(1) require all U.S. Customs and Border Protection and
subcontracted or cooperating entity personnel, who may have
contact with a child at a port of entry or U.S. Border Patrol
station to undergo appropriate training, which shall include
in-person training, on--
(A) the applicable legal authorities, policies,
practices, and procedures relating to children in the
custody of U.S. Customs and Border Protection; and
(B) child development, trauma, and the manner in
which trauma affects the health and behavior of
children; and
(2) require U.S. Customs and Border Protection personnel to
annually undertake continuing training on--
(A) identifying and responding to common signs and
symptoms of medical distress in children;
(B) best practices with respect to the guidelines
developed in accordance with subsection (a); and
(C) changes in the legal authorities, policies, and
procedures described in paragraph (1)(A).
(c) Sufficient Staffing.--The Commissioner of U.S. Customs and
Border Protection shall ensure that sufficient qualified child welfare
professionals and qualified experts in pediatric medicine are stationed
at each port of entry and each U.S. Border Patrol station with a high
volume of arriving children to accomplish the duties described in this
section without creating an undue delay in the length of time children
and apprehended parents and legal guardians remain in the custody of
the Commissioner of U.S. Customs and Border Protection.
(d) Family Unit Tracking Number.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress notification that the Secretary has
established a system for use by U.S. Customs and Border
Protection to assign a family unit tracking number to each
member of a family unit that is apprehended, including each of
the following:
(A) An apprehended spouse.
(B) An apprehended parent or legal guardian.
(C) A child accompanying an apprehended parent or
legal guardian.
(D) Each accompanying member of the family group,
including siblings, grandparents, aunts, and uncles.
(2) Requirements.--The Secretary of Homeland Security shall
ensure that a family unit tracking number under paragraph (1)--
(A) may be shared among the data systems of--
(i) U.S. Customs and Border Protection;
(ii) U.S. Immigration and Customs
Enforcement; and
(iii) the Office of Refugee Resettlement of
the Department of Health and Human Services;
(B) is included on any document pertaining to any
member of an apprehended family unit; and
(C) is not deleted or altered, except in the case
of an error.
(e) Definitions.--In this section:
(1) Child.--The term ``child'' has the meaning given such
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(2) Child welfare professional.--The term ``child welfare
professional'' means an individual who--
(A) is licensed in social work by the relevant
State welfare agency, and, if applicable, county
welfare agency, of a State and county in which the port
of entry or U.S. Border Patrol station is located;
(B) has direct experience working with children;
and
(C) is proficient in one or more of the most common
languages spoken by children apprehended at the
applicable port of entry or U.S. Border Patrol station.
(3) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary.
SEC. 406. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING
NETWORKS AND TRAFFICKING ORGANIZATIONS.
The Attorney General and the Secretary of Homeland Security shall
expand collaboration on the investigation and prosecution of human
smuggling networks and trafficking organizations targeting Central
American families and unaccompanied children and operating at the
southwestern border of the United States, including the continuation
and expansion of anti-trafficking coordination teams.
SEC. 407. 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 a scheme to cause 10 or more
persons (other than a parent, spouse, sibling,
child, grandparent, or grandchild 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. 408. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND
MONEY LAUNDERING.
(a) Financial Sanctions Expansion.--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--
(1) significant foreign narcotics traffickers, their
organizations, and networks; and
(2) foreign persons who provide material, financial, or
technological support to such traffickers, organizations, and
networks.
(b) Targets.--The activities described in subsection (a) 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.
SEC. 409. SUPPORT FOR FBI TRANSNATIONAL ANTI-GANG TASK FORCES FOR
COUNTERING CRIMINAL GANGS.
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 the MS-13 and 18th Street organizations;
(2) expanding training and partnership efforts with
Salvadoran, Guatemalan, and Honduran law enforcement entities
to disrupt and dismantle criminal gangs, both internationally
and in their respective countries;
(3) establishing or expanding gang-related investigative
units;
(4) collecting and disseminating intelligence to support
related United States-based investigations; and
(5) expanding programming related to gang intervention and
prevention for at-risk youth.
SEC. 410. 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 with the intent to--
``(A) gain financially; and
``(B) violate 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 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.''.
SEC. 411. OFFICE OF INSPECTOR GENERAL OVERSIGHT.
Not later than six months after enactment of this Act and every six
months thereafter, the Inspector General of the Department of Homeland
Security shall report to Congress on the status of efforts to implement
sections 403, 404, and 405 of this Act and findings made after
announced and unannounced inspections to U.S. Customs and Border
Protection facilities.
SEC. 412. FATALITY REPORTING.
(a) Quarterly Reporting.--The Secretary of Homeland Security shall
publish information on a quarterly basis regarding each death of a
person in the custody of the Commissioner of U.S. Customs and Border
Protection or the Director of Immigration and Customs Enforcement.
(b) Annual Reports.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit to Congress a report that details all
instances in which an individual in U.S. Customs and Border Protection
custody has died in the prior fiscal year, including during transfer to
another facility or while being released, as well as all instances in
which an individual has died as the result of an encounter with U.S.
Customs and Border Protection, and the result of any subsequent
investigation. Such reports shall also detail all instances in which an
individual, including an individual in the custody of U.S. Customs and
Border Protection, has suffered serious injuries requiring
hospitalization as a result of the use of force by U.S. Customs and
Border Protection.
SEC. 413. ESTABLISHMENT OF THE OFFICE OF OMBUDSMAN FOR BORDER AND
IMMIGRATION RELATED CONCERNS.
(a) In General.--The Secretary of Homeland Security shall appoint
an Ombudsman for Border and Immigration Related Concerns (hereinafter
referred to as the ``Ombudsman'') who will be independent of Department
agencies and officers, and report directly to the Secretary. The
Ombudsman shall have a background in immigration, civil rights, and law
enforcement.
(b) Functions.--The functions of the Ombudsman shall be to--
(1) establish an independent, neutral, and confidential
process to receive, investigate, resolve, and provide redress,
including referral for investigation to the Office of the
Inspector General, referral to U.S. Citizenship and Immigration
Services for immigration relief, or any other action determined
appropriate, in cases in which Department officers or
employees, or subcontracted or cooperating entity personnel,
are alleged to have engaged in misconduct or violated the
rights of individuals, associations, or employers;
(2) establish an accessible and standardized complaint
process regarding complaints against any officer or employee of
U.S. Customs and Border Protection or U.S. Immigration and
Customs Enforcement, or any subcontracted or cooperating entity
personnel, for violations of law or violations of standards of
professional conduct pertaining to interaction with an alien in
course of carrying out any duty under law; and
(3) identify and thereafter review, examine, and make
recommendations to address chronic concerns in border security
and enforcement activities of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement.
(c) Report on the Impact of Border Enforcement Technologies and
Operations on Border Communities.--Not later than 180 days after the
date of the enactment of this subsection, the Secretary shall submit to
the Committee on Homeland Security and the Committee on the Judiciary
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on the Judiciary of the
Senate a report prepared by the Ombudsman that assesses current
technologies used at United States borders, and the impact on border
communities of such technologies on civil rights, property rights,
privacy rights, and civil liberties.
TITLE V--PROMOTING EFFICIENT PROCESSING OF ASYLUM SEEKERS; ADDRESSING
IMMIGRATION COURT BACKLOGS; EFFICIENT REPATRIATION OF MIGRANTS ORDERED
REMOVED.
SEC. 501. JOINT TASK FORCE TO ADDRESS RISE IN MIGRANTS.
Pursuant to section 708 of the Homeland Security Act of 2002 (6
U.S.C. 348), not later than 60 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall establish and
operate a departmental Joint Task Force to coordinate border security
operations on the southern border of the United States to address the
rise in asylum seekers and migrants, including unaccompanied children,
seeking asylum pursuant to section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) or other forms of humanitarian
protection.
SEC. 502. INCENTIVIZING APPLICATIONS AT PORTS OF ENTRY.
(a) Access to Ports of Entry.--The Commissioner of U.S. Customs and
Border Protection shall ensure that individuals seeking to apply for
asylum or other forms of relief under the immigration laws are able to
make such applications at designated ports of arrival along the United
States border. The Commissioner of U.S. Customs and Border Protection
may not engage in any practice to deny or restrict access to such ports
of arrival by such individuals.
(b) Migrant Protection Protocols.--An alien in proceedings under
section 240 of the Immigration and Nationality Act may not be removed,
returned, or otherwise physically moved outside the United States until
the conclusion of those proceedings.
SEC. 503. STREAMLINING INTAKE OF ASYLUM SEEKERS.
Not later than six months after the date of enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall implement
a plan to improve the efficiency and accuracy of initial intake
processes for all individuals in the custody of U.S. Customs and Border
Protection to ensure that those individuals are transferred to the
appropriate agency, or released with complete and accurate documents,
within 72 hours of apprehension.
SEC. 504. PRIORITIZING PROSECUTION RESOURCES FOR ILLEGAL ENTRY.
(a) In General.--An individual who has expressed a credible or
reasonable fear of persecution filed an application for asylum,
withholding of removal, or protection under the Convention Against
Torture, or expressed an intent to file such an application, may not be
prosecuted under section 275(a) or 276(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a), 1326(a)) until the earlier of--
(1) the date on which any such application has been finally
adjudicated and denied, including any appeals thereto; or
(2) in the case of an alien who expresses an intent to file
such an application, the date on which any applicable time
limitation for the filing of such an application under section
208 of such Act has ended and no application has been filed.
(b) Affirmative Defense.--In a case in which an individual is
prosecuted under section 275(a) or 276(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a), 1326(a)) in violation of subsection
(a), it shall be a defense that the alien has expressed a credible or
reasonable fear of persecution, filed an application for asylum or
another form of protection as described in subsection (a), or expressed
an intent to file such an application, and that such application has
not been finally adjudicated and denied, including any appeals thereto.
SEC. 505. EXPANDING ALTERNATIVES TO DETENTION.
(a) Family Case Management Program.--The Secretary of Homeland
Security shall expand use of the Family Case Management Program
(described in section 226 of Public Law 116-6) for apprehended aliens
who are members of family units arriving in the United States, and
develop additional community-based programs to increase the number of
enrollees in the Alternatives to Detention program.
(b) Nonprofit Entity Contracting Partner.--The Secretary of
Homeland Security shall contract with qualified nonprofit entities for
the operation of the Alternatives to Detention program, including the
Family Case Management Program and other community-based programs
described in subsection (a).
(c) Legal Orientation.--The Secretary of Homeland Security shall
ensure that enrollees in the Alternatives to Detention program,
including the Family Case Management Program and other community-based
programs described in subsection (a), are provided a legal orientation
consistent with program elements described in section 604(a)(2).
SEC. 506. ELIMINATING IMMIGRATION COURT BACKLOGS.
(a) Addressing Immigration Judge Shortages.--The Attorney General
shall increase the total number of immigration judges by at least 55
judges per year for each of fiscal years 2020, 2021, 2022, 2023, and
2024.
(b) Qualification; Selection.--The Attorney General--
(1) shall ensure that all newly hired immigration judges
and Board of Immigration Appeals members are highly qualified
experts on immigration law and who are trained to conduct fair,
impartial adjudications in accordance with applicable due
process requirements; and
(2) may not give any preference, in selecting immigration
judges, to candidates with prior government experience compared
to equivalent subject-matter expertise resulting from
nonprofit, private bar, or academic experience.
(c) Addressing Support Staff Shortages.--Subject to the
availability of amounts made available in advance appropriation Acts,
the Attorney General shall ensure that each immigration judge has
sufficient support staff, adequate technological and security
resources, and appropriate courtroom facilities.
(d) Additional 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 23 attorneys per year for each
of fiscal years 2020, 2021, and 2022.
(e) GAO Report.--The Comptroller General of the United States
shall--
(1) conduct a study of the impediments 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. 507. 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 establish
or expand (as appropriate) training programs for immigration judges and
members of the Board of Immigration Appeals.
(b) Mandatory Training.--Training referred to under subsection (a)
shall include--
(1) expansion of the training program for new immigration
judges and Board members to include age-, gender-, and trauma-
sensitivity;
(2) continuing education regarding current developments in
immigration law, including through regularly available training
resources and an annual conference; and
(3) training on properly crafting and dictating decisions
and standards of review, including improved on-bench reference
materials and decision templates.
SEC. 508. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.
The Director of the Executive Office for Immigration Review shall
modernize its case management, video-teleconferencing, digital audio
recording, and related electronic and computer-based systems, including
by allowing for electronic filing, to improve efficiency in the
processing of immigration proceedings.
SEC. 509. 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 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
provide information to aliens regarding--
(A) the basic procedures of immigration hearings;
(B) the rights and obligations of aliens relating
to immigration hearings, including the consequences of
filing frivolous legal claims and of failing to appear
for proceedings;
(C) legal protections available to aliens, and the
procedures for requesting such protections;
(D) legal resources available to aliens, and lists
of potential legal providers; and
(E) other subjects determined to be appropriate and
necessary by the Attorney General.
(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) Expansion of the Information Help Desk Program for Non-Detained
Aliens in Removal Proceedings.--The Attorney General shall expand the
information help desk program to all immigration courts to provide
aliens who are not detained and who have pending asylum claims access
to information related to that alien's immigration status.
SEC. 510. IMPROVING COURT EFFICIENCY AND REDUCING COSTS BY INCREASING
ACCESS TO LEGAL INFORMATION.
(a) Appointment of Counsel in Certain Cases; 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 shall, at the beginning of the
proceedings or as expeditiously as possible thereafter,
receive a complete copy of all relevant documents in
the possession of the Department of Homeland Security,
including all documents (other than documents protected
from disclosure by privilege, including national
security information referred to in subparagraph (D),
law enforcement sensitive information, and information
prohibited from disclosure pursuant to any other
provision of law) contained in the file maintained by
the Government that includes information with respect
to all transactions involving the alien during the
immigration process (commonly referred to as an `A-
file'), and all documents pertaining to the alien that
the Department of Homeland Security has obtained or
received from other government agencies, unless the
alien waives the right to receive such documents by
executing a knowing and voluntary written waiver in a
language that he or she understands;''; 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.--In the
absence of a written waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents as required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney General
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
of the Immigration and Nationality Act (8 U.S.C. 1362) is amended--
(1) by striking ``In any'' and inserting the following:
``(a) In General.--In any proceeding conducted under section 235,
236, 238, 240, 241, or any other section of this Act, in any'';
(2) in subsection (a), as redesignated--
(A) by striking ``(at no expense to the
Government)''; and
(B) by striking ``he shall'' and inserting ``the
person shall''; and
(3) by adding at the end the following:
``(b) Access to Counsel.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under section
235, 236, 238, 240, or 241 or any other section of this Act. The
Secretary of Homeland Security shall ensure that aliens have access to
counsel inside all immigration detention and border facilities.''.
(c) Appointment of Counsel for Children and Vulnerable Aliens.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as amended by paragraph (2),
is further amended by adding at the end the following:
``(c) Children and Vulnerable Individuals.--Notwithstanding
subsection (b), the Attorney General shall appoint counsel at the
expense of the Government to any person financially unable to obtain
adequate representation at the beginning of the proceedings or as
expeditiously as possible, to represent in such proceedings any alien
who has been determined by the Secretary of Homeland Security or the
Attorney General to be--
``(1) a child (as defined in section 101(b)(1) of this
Act);
``(2) a particularly vulnerable individual, including--
``(A) a person with a disability;
``(B) a victim of abuse, torture, or violence; or
``(C) a pregnant or lactating woman; or
``(3) the parent of a United States citizen minor.
``(d) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of any alien for whom counsel was appointed under
subsection (c) with that of any other alien, and that other alien does
not have counsel, then the counsel appointed under subsection (c) shall
be appointed to represent such other alien unless there is a
demonstrated conflict of interest.''.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this title, the Attorney General shall promulgate
regulations to implement section 292(c) of the Immigration and
Nationality Act, as added by paragraph (1).
(d) In General.--Chapter 9 of the Immigration and Nationality Act
is amended by adding at the end the following:
``SEC. 295. SUPPLEMENTARY SURCHARGE.
``(a) In General.--There is established in the general fund of the
Treasury a separate account which shall be known as the `Immigration
Counsel Account'. Notwithstanding any other section of this title,
there shall be deposited as offsetting receipts into the Immigration
Counsel Account all fees collected under subsection (c) of this
section, to remain available until expended for purposes of providing
access to counsel when required or authorized under this Act.
``(b) Report.--At the end of each 2-year period, beginning with the
creation of this account, the Secretary of Homeland Security, following
a public rulemaking with opportunity for notice and comment, shall
submit a report to the Congress concerning the status of the account,
including any balances therein, and recommend any adjustment in the
prescribed fee that may be required to ensure that the receipts
collected from the fee charged for the succeeding two years equal, as
closely as possible, the cost of providing access to counsel when
required or authorized under this Act.
``(c) Receipts.--In any case in which a fee is charged pursuant to
this Act or any of the other immigration laws, an additional surcharge
of $25 shall also be imposed and collected.''.
(e) Table of Contents.--The table of contents for such Act is
amended by inserting after the item relating to section 294 the
following:
``Sec. 295. Supplementary surcharge.''.
(f) Motions To Reopen.--Section 240(c)(7)(C) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the
end the following:
``(v) Special rule for children and other
vulnerable aliens.--If the Attorney General
fails to appoint counsel for an alien in
violation of section 292(c)--
``(I) no limitation under this
paragraph pertaining to the filing of
any motion under this paragraph by such
alien shall apply; and
``(II) the filing of such a motion
shall stay the removal of the alien.''.
SEC. 511. FACILITATING SAFE AND EFFICIENT REPATRIATION.
(a) United States Support for Reintegration.--The Secretary of
State, in consultation with the Secretary of Homeland Security and the
Administrator of the United States Agency for International
Development, shall coordinate with the governments of El Salvador,
Guatemala, and Honduras to develop and fund programs for the successful
reintegration of families, unaccompanied children, and other aliens
repatriated to their countries of origin by--
(1) providing comprehensive reintegration services at the
municipal level for repatriated aliens, including family
reunification and access to medical and psychosocial services;
(2) supporting the establishment of educational and
vocational centers for repatriated aliens that provide skills
training relevant to national and local economic needs;
(3) promoting the hiring of repatriated aliens in the
private sector, including strategic partnerships with specific
industries and businesses;
(4) supporting the issuance of appropriate documents to
repatriated aliens, including identification documents,
documents related to educational attainment, and documents
certifying skill attainment; and
(5) monitoring repatriated unaccompanied children to ensure
they have been adequately screened and processed in the United
States.
(b) Consultation With Nongovernmental Organizations.--In developing
reintegration programs in countries of repatriation, the Secretary of
State shall consult with nongovernmental organizations in such
countries and the United States with experience in integrating
repatriated individuals and families, protecting and ensuring the
welfare of unaccompanied alien children, and promoting economic
development and skills acquisition.
TITLE VI--PROTECTING FAMILY VALUES AND MONITORING AND CARING FOR
UNACCOMPANIED ALIEN CHILDREN AFTER ARRIVAL.
SEC. 601. LIMITATION ON THE SEPARATION OF FAMILIES.
(a) In General.--An agent or officer of U.S. Customs and Border
Protection may not remove a child from his or her parent or legal
guardian, at the port of entry or within 100 miles of a border of the
United States, unless one of the following has occurred:
(1) A State court, authorized under State law, terminates
the rights of the parent or legal guardian, determines that it
is in the best interests of the child to be removed from the
parent or legal guardian, in accordance with the Adoption and
Safe Families Act of 1997 (Public Law 105-89), or makes any
similar determination that is legally authorized under State
law.
(2) An official from a State or county child welfare agency
with expertise in child trauma and development makes a best
interests determination that the child be removed from the
parent or legal guardian because the child is in danger of
abuse or neglect at the hands of the parent or legal guardian,
or is a danger to herself or others.
(3) The Chief Patrol Agent or the Area Port Director in
their official and undelegated capacity, authorizes separation
upon the recommendation by an agent or officer, based on a
finding that--
(A) the child is a victim of trafficking or is at
significant risk of becoming a victim of trafficking;
(B) there is a strong likelihood that the adult is
not the parent or legal guardian of the child; or
(C) the child is in danger of abuse or neglect at
the hands of the parent or legal guardian, or is a
danger to themselves or others.
(b) Exception.--If a child is removed from his or her parent or
legal guardian under this section, an independent child welfare expert
licensed by the State or county in which the child was so removed, must
authorize the separation not later than 48 hours after such removal,
and if such expert does not authorize such separation, the child shall
be reunited with his or her parent or legal guardian not later than 48
hours after such determination.
(c) Prohibition on Separation.--
(1) In general.--A designated agency may not remove a child
from a parent or legal guardian solely for the policy goal of
deterring individuals from migrating to the United States or
for the policy goal of promoting compliance with civil
immigration laws.
(2) Penalty for family separation.--Any person who
knowingly separates a child from his or her parent or legal
guardian in violation of this section, shall be fined not more
than $10,000.
(d) Documentation Required.--The Secretary shall ensure that a
separation under subsection (a)(3) is documented in writing and
includes, at a minimum, the reason for such separation, together with
the stated evidence for such separation. The Secretary shall take such
actions as may be feasible to acquire written documentation pertaining
to any separation under subsection (a)(1) or (a)(2).
SEC. 602. FAMILY REUNIFICATION.
(a) Family Reunification.--The Secretary shall reallocate resources
to expedite the immediate reunification of each child separated from a
parent or legal guardian at or near a port of entry or within 100 miles
of the border, or otherwise removed from a parent or legal guardian by
the Secretary of Health and Human Services, the Secretary of Homeland
Security, the Attorney General, the Director of the Bureau of Prisons,
or any agent or agency thereof, if the prior removal was not in
conformity with section 601, regardless of when the separation took
place.
(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 legal guardian,
including the rights of a parent or legal guardian separated from a
child in the custody of the Department of Homeland Security.
SEC. 603. PROHIBITING USE OF CERTAIN INFORMATION.
The Secretary of Homeland Security may not use information
initially obtained by the Secretary of Health and Human Services,
including information used to make a suitability determination, a home
study determination, or a secure facility determination, for the
purpose of apprehending, detaining, or removing from the United
States--
(1) an unaccompanied alien child;
(2) the proposed sponsor or current sponsor; or
(3) a resident of the home in which the proposed sponsor or
current sponsor resides.
SEC. 604. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT COMPLIANCE
AND CHILD WELL-BEING.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Attorney General, shall establish procedures to
ensure that a legal orientation program is provided to all sponsors of
unaccompanied alien children prior to the placement with a sponsor.
(b) Program Elements.--Programs under subsection (a) shall provide
information to sponsors regarding--
(1) the basic procedures of immigration hearings;
(2) the rights and obligations of the unaccompanied alien
child relating to immigration hearings, including the
consequences of filing frivolous legal claims and of failing to
appear for proceedings;
(3) the obligation of the sponsor to ensure the
unaccompanied alien child appears at immigration court
proceedings, and notify the court of the child's change of
address and other relevant information;
(4) legal protections available to unaccompanied alien
children, and the procedures for requesting such protections;
(5) legal resources available to unaccompanied alien
children, and lists of potential legal providers;
(6) the sponsor's obligation to address the needs of the
unaccompanied alien child, including providing access to health
care and enrolling the child in an educational institution;
(7) the importance of reporting 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; and
(8) other subjects determined to be appropriate and
necessary by the Secretary of Health and Human Services or the
Attorney General.
SEC. 605. MONITORING UNACCOMPANIED ALIEN CHILDREN.
(a) Risk-Based Post-Placement Services.--
(1) In general.--The Secretary of Health and Human Services
shall, to assist an unaccompanied alien child in a placement
with a sponsor--
(A) complete an individualized assessment of the
need for services to be provided after placement;
(B) provide such post-placement services to the
child during the pendency of removal proceedings or
until no longer necessary; and
(C) assess whether a child's separation from a
detained parent is causing hardship such that the
parent should be recommended for humanitarian parole in
the best interests of the child.
(2) Minimum services.--For purposes of paragraph (1), the
services shall, at a minimum, include--
(A) for the unaccompanied alien child, at least one
in-person post-placement case management services visit
within 30 days after placement with a sponsor, the
referral of unaccompanied alien children to service
providers in the community, and support on enrollment
in an educational institution; 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.
(3) Identifying new areas of vulnerability.--Within 90 days
after the date of enactment of this Act, the Director of the
Office for Refugee Resettlement shall consult with family
reunification service providers on the emergence of new or
additional risk factors for children that would necessitate
mandatory family reunification services.
(b) Effective Use of Child Advocates for the Most Vulnerable
Unaccompanied Alien Children.--
(1) The Secretary of Health and Human Services shall
instruct the Director of the Office of Refugee Resettlement
to--
(A) 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) ensure that the referral criteria established
by the Director are appropriately applied when a care
provider determines that a child is eligible for
referral to a child advocate;
(C) provide technical assistance to care providers
to ensure compliance with such criteria; and
(D) establish a process for stakeholders and the
public to refer unaccompanied alien children, including
those placed with a sponsor, to the Office for Refugee
Resettlement 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 is--
(A) 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) notified when new materials and information
described in subparagraph (A) relating to the child are
created or become available.
SEC. 606. FUNDING TO SCHOOL DISTRICTS FOR UNACCOMPANIED ALIEN CHILDREN.
(a) Grants Authorized.--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 (b) to enable the local educational agencies or consortia to
enhance opportunities for, and provide services to, immigrant children
including unaccompanied alien children, in the area served by the local
educational agencies or consortia.
(b) 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 (a) if, during the fiscal
year for which a grant is awarded under this section, there are
50 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.
(c) 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 at
such time, in such manner, and containing such information, as the
Secretary of Education may require, including 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.
SEC. 607. SCHOOL 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 take measures to--
(1) ensure that an unaccompanied alien child in the area
served by the local educational agency is enrolled in school
within 7 days following a request for enrollment; 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, and language), which
shall include reviewing and revising policies that may have a
negative effect on such children.
SEC. 608. DEFINITIONS.
(a) Definitions.--In this title:
(1) Agent or officer.--The term ``agent or officer''
includes contractors of the Federal Government.
(2) Child.--The term ``child'' means an individual who--
(A) has not reached the age of 18; and
(B) has no permanent immigration status.
(3) Designated agency.--The term ``designated agency''
means--
(A) the Department of Homeland Security;
(B) the Department of Justice; and
(C) the Department of Health and Human Services.
(4) Finding.--The term ``finding'' means an individualized
written assessment or screening formalized as required under
subsection (d).
(5) In danger of abuse or neglect at the hand of the parent
or legal guardian.--The term ``in danger of abuse or neglect at
the hands of the parent or legal guardian'' does not include
migrating to or crossing of a border of the United States.
(6) 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).
(7) 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.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
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