[Congressional Record Volume 160, Number 122 (Thursday, July 31, 2014)]
[Senate]
[Pages S5221-S5234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. McCONNELL:
S. 2722. A bill to facilitate identification and dissemination of
evidence-informed recommendations for addressing maternal addiction and
neonatal abstinence syndrome and to provide for studies with respect to
neonatal abstinence syndrome; to the Committee on Health, Education,
Labor, and Pensions.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2722
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Infants Act
of 2014''.
SEC. 2. EVIDENCE-INFORMED RECOMMENDATIONS WITH RESPECT TO
MATERNAL ADDICTION AND NEONATAL ABSTINENCE
SYNDROME.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
coordinate and facilitate the--
(1) identification and compilation of evidence-informed
recommendations for physicians, nurses, and hospital
facilities with respect to neonatal abstinence syndrome; and
(2) identification of any gaps, as appropriate, in such
evidence-informed recommendations that may require additional
research or analysis with respect to--
(A) screening and intervention for maternal substance
abuse, including the misuse or abuse of prescription drugs in
women of childbearing age and pregnant women;
(B) treatment for pregnant and postpartum women with a
substance use disorder, including the misuse or abuse of
prescription drugs;
(C) screening of infants for neonatal abstinence syndrome
and for the risk of developing neonatal abstinence syndrome;
(D) treatment for infants with neonatal abstinence
syndrome, including evidence-informed recommendations
surrounding evaluation and treatment with pharmacological and
non-pharmacological interventions; and
(E) ongoing treatment, services, and supports for
postpartum women with a substance use disorder, including
misuse or abuse of prescription drugs, and infants and
children with neonatal abstinence syndrome.
(b) Input.--In carrying out subsection (a), the Secretary
shall consider input from stakeholders, such as health
professionals, public health officials, and law enforcement.
(c) Dissemination of Information.--The Secretary shall
disseminate to appropriate stakeholders in States and local
communities the evidence-informed recommendations identified
under subsection (a).
(d) Addressing Research Needs for Maternal Addiction and
Neonatal Abstinence Syndrome.--The Secretary shall conduct a
study to evaluate--
(1) factors related to the increased prevalence of maternal
opiate misuse and abuse;
(2) factors related to maternal misuse and abuse of
opiates, including--
(A) barriers to identifying and treating maternal misuse
and abuse of opiates; and
(B) the most effective prevention and treatment strategies
for pregnant women and other women of childbearing age who
are at risk for or dependent on opiates; and
(3) factors related to neonatal abstinence syndrome,
including--
(A) epidemiological studies concerning neonatal abstinence
syndrome;
(B) the most effective methods to diagnose and treat
neonatal abstinence syndrome; and
(C) the long-term effects of neonatal abstinence syndrome
and the need for a longer-term study on infants and children
at risk for developing neonatal abstinence syndrome or
diagnosed with neonatal abstinence syndrome.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives the findings from the study under
subsection (d) and a report that identifies the gaps in
evidence-informed recommendations that require additional
research or analysis, and priority areas for additional
research.
SEC. 3. IMPROVING DATA ON NEONATAL ABSTINENCE SYNDROME.
The Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and
Prevention, shall provide technical assistance to States to
improve the availability and quality of data collection and
surveillance activities regarding neonatal abstinence
syndrome, including--
(1) incidence and prevalence of neonatal abstinence
syndrome;
(2) the identification of causes for neonatal abstinence
syndrome, including new and emerging trends; and
[[Page S5222]]
(3) the identification of demographics and other relevant
information associated with neonatal abstinence syndrome.
SEC. 4. PAIN MANAGEMENT ALTERNATIVES.
It is the sense of Congress that the Director of the
National Institutes of Health should continue research with
respect to pain management, including for women of
childbearing age.
SEC. 5. GAO STUDY.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study evaluating--
(1) the availability and effectiveness of federally-
facilitated substance abuse treatment programs for pregnant
women and their children;
(2) the availability and effectiveness of Federal programs
that encourage State adoption and implementation of programs
to ensure--
(A) the safety and health of mothers who have a substance
use disorder; and
(B) the safety and health of children with neonatal
abstinence syndrome;
(3) the effectiveness of Federal data systems and
surveillance programs used to monitor or track drug
utilization and resulting trends, including whether
information on neonatal abstinence syndrome is incorporated
into such data systems; and
(4) the identification of the use of all discretionary
funds to address maternal substance abuse, including the
misuse and abuse of prescription drugs.
______
By Mr. LEAHY (for himself and Mr. Graham):
S. 2726. A bill to clarify the definition of nonadmitted insurer
under the Nonadmitted and Reinsurance Reform Act of 2010, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. LEAHY. Mr. President, today, I introduce the Captive Insurers
Clarification Act. This simple, commonsense legislation will clarify
terms included in the Dodd-Frank Wall Street Reform and Consumer
Protection Act that stand to threaten the viability of the captive
insurance industry in Vermont, South Carolina, and across the country.
I am glad to have Senator Graham's support in this effort.
Vermont is one of the leading onshore captive insurance domiciles in
the country, with over 1000 licensed captive insurance companies. I
have heard from the captive industry in Vermont, understandably
concerned that language included in the Dodd-Frank Act may result in
the double taxation of captives that operate in states where their
headquarters are not domiciled. The Nonadmitted and Reinsurance Reform
Act, NRRA, as included in Dodd-Frank, intended to facilitate the proper
collection and allocation of self-procurement taxes. Captives are taxed
and regulated in the state in which they are domiciled, not necessarily
where their corporate headquarters are located. However, due to the
ambiguity of the NRRA, captive insurers are concerned that both the
state in which a captive is headquartered, and the state in which the
captive is domiciled, may claim the premium tax.
The Captive Insurers Clarification Act would simply clarify that such
companies were never intended to be included under the Nonadmitted and
Reinsurance Reform Act. Applying the NRRA to captives would eliminate
the specialized regulation of the captive industry that states like
Vermont have worked to cultivate.
This is commonsense legislation to clarify the intention of Congress
in passing the Nonadmitted and Reinsurance Reform Act, and I hope
Members of Congress will support its enactment.
______
By Mr. HATCH (for himself and Mr. Wyden):
S. 2736. A bill to amend the Internal Revenue Code of 1986 to prevent
identity theft related tax refund fraud, and for other purposes; to the
Committee on Finance.
Mr. HATCH. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2736
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Tax Refund
Theft Prevention Act of 2014''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; etc.
Sec. 2. Safe harbor for de minimis errors on information returns and
payee statements.
Sec. 3. Internet platform for Form 1099 filings.
Sec. 4. Requirement that electronically prepared paper returns include
scannable code.
Sec. 5. Single point of contact for identity theft victims.
Sec. 6. Criminal penalty for misappropriating taxpayer identity in
connection with tax fraud.
Sec. 7. Extend Internal Revenue Service authority to require truncated
social security numbers on Form W-2.
Sec. 8. Improvement in access to information in the National Directory
of New Hires for tax administration purposes.
Sec. 9. Password system for prevention of identity theft tax fraud.
Sec. 10. Increased penalty for improper disclosure or use of
information by preparers of returns.
Sec. 11. Increase electronic filing of returns.
Sec. 12. Increased real-time filing.
Sec. 13. Limitation on multiple individual income tax refunds to the
same account.
Sec. 14. Identity verification required under due diligence rules.
Sec. 15. Report on refund fraud.
SEC. 2. SAFE HARBOR FOR DE MINIMIS ERRORS ON INFORMATION
RETURNS AND PAYEE STATEMENTS.
(a) In General.--Subsection (c) of section 6721 is
amended--
(1) by striking ``Exception for De Minimis Failure to
Include All Required Information'' in the heading and
inserting ``Exceptions for Certain De Minimis Failures'',
(2) by striking ``In general'' in the heading of paragraph
(1) and inserting ``Exception for de minimis failure to
include all required information'', and
(3) by adding at the end the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to an information
return filed with the Secretary--
``(i) there are 1 or more failures described in subsection
(a)(2)(B) relating to an incorrect dollar amount, and
``(ii) no single amount in error differs from the correct
amount by more than $25,
then no correction shall be required and, for purposes of
this section, such return shall be treated as having been
filed with all of the correct required information.
``(B) Exception.--Subparagraph (A) shall not apply to
returns required under section 6049.
``(C) Regulatory authority.--The Secretary may issue
regulations to prevent the abuse of the safe harbor under
this paragraph, including regulations providing that this
subparagraph shall not apply to the extent necessary to
prevent any such abuse.''.
(b) Failure to Furnish Correct Payee Statements.--
Subsection (c) of section 6722 is amended by adding at the
end the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to any payee
statement--
``(i) there are 1 or more failures described in subsection
(a)(2)(B) relating to an incorrect dollar amount, and
``(ii) no single amount in error differs from the correct
amount by more than $25,
then no correction shall be required and, for purposes of
this section, such statement shall be treated as having been
filed with all of the correct required information.
``(B) Exception.--Subparagraph (A) shall not apply to payee
statements required under section 6049.
``(C) Regulatory authority.--The Secretary may issue
regulations to prevent the abuse of the safe harbor under
this paragraph, including regulations providing that this
subparagraph shall not apply to the extent necessary to
prevent any such abuse.''.
(c) Conforming Amendments.--
(1) Subsection (i) of section 408 is amended by striking
``$10'' and inserting ``$25''.
(2) Paragraph (5) of section 3406(b) is amended--
(A) by striking ``$10'' both places it appears and
inserting ``$25'', and
(B) by adding at the end the following flush text:
``The preceding sentence shall not apply to payments of
interest to which section 6049 applies.''.
(3) Subparagraphs (A) and (B) of section 6042(a)(1) are
each amended by striking ``$10'' and inserting ``$25''.
(4) Paragraph (2) of section 6042(a) is amended by striking
``$10'' and inserting ``$25''.
(5) Paragraphs (1) and (2) of section 6044(a) are each
amended by striking ``$10'' and inserting ``$25''.
(6) Paragraph (1) of section 6047(d) is amended by striking
``$10'' and inserting ``$25''.
(7) Subsection (a) of section 6050B is amended by striking
``$10'' and inserting ``$25''.
(8) Subsection (a) of section 6050E is amended by striking
``$10'' and inserting ``$25''.
[[Page S5223]]
(9) Paragraphs (1) and (2) of section 6050N(a) are each
amended by striking ``$10'' and inserting ``$25''.
(10) Paragraphs (1) and (2) of section 6652(a) are each
amended by striking ``$10'' and inserting ``$25''.
(11) The heading of subsection (a) of section 6652 is
amended by striking ``$10'' and inserting ``$25''.
(d) Effective Date.--The amendments made by this section
shall apply to information returns required to be filed, and
payee statements required to be provided, on or after the
date of the enactment of this Act.
SEC. 3. INTERNET PLATFORM FOR FORM 1099 FILINGS.
(a) In General.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of the Treasury (or
such Secretary's delegate) shall make available an Internet
website or other electronic media, similar to the Business
Services Online Suite of Services provided by the Social
Security Administration, that will provide taxpayers access
to resources and guidance provided by the Internal Revenue
Service and will allow taxpayers to--
(1) prepare and file (in batches of not more than 50) Forms
1099,
(2) prepare Forms 1099 for distribution to recipients other
than the Internal Revenue Service, and
(3) create and maintain necessary taxpayer records.
(b) Early Implementation for Forms 1099-MISC.--Not later
than 1 year after the date of the enactment of this Act, the
Internet website under subsection (a) shall be available in a
partial form that will allow taxpayers to take the actions
described in such subsection with respect to Forms 1099-MISC
required to be filed or distributed by such taxpayers.
SEC. 4. REQUIREMENT THAT ELECTRONICALLY PREPARED PAPER
RETURNS INCLUDE SCANNABLE CODE.
(a) In General.--Subsection (e) of section 6011 is amended
by adding at the end the following new paragraph:
``(5) Special rule for returns prepared electronically and
submitted on paper.--The Secretary shall require that any
return of tax which is prepared electronically, but is
printed and filed on paper, bear a code which can, when
scanned, convert such return to electronic format.''.
(b) Conforming Amendment.--Paragraph (1) of section 6011(e)
is amended by striking ``paragraph (3)'' and inserting
``paragraphs (3) and (5)''.
(c) Effective Date.--The amendments made by this section
shall apply to returns of tax the due date for which
(determined without regard to extensions) is after December
31, 2014.
SEC. 5. SINGLE POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury (or
such Secretary's delegate) shall establish new procedures to
ensure that any taxpayer whose return has been delayed or
otherwise adversely affected due to misappropriation of the
taxpayer's taxpayer identity (as defined in section
6103(b)(6) of the Internal Revenue Code of 1986) has a single
point of contact who--
(1) is an individual employee of the Internal Revenue
Service, and
(2) tracks the case of the taxpayer from start to finish
and coordinates with other specialized units to resolve case
issues as quickly as possible.
(b) Change of Contact.--The procedures under subsection (a)
shall provide that the single point of contact may be
changed--
(1) upon request of the taxpayer, or
(2) in any case where the individual employee ceases
employment or is otherwise unavailable for any period, or a
change is required to meet agency staffing needs, but only if
the taxpayer is notified of any such change within 5 business
days.
SEC. 6. CRIMINAL PENALTY FOR MISAPPROPRIATING TAXPAYER
IDENTITY IN CONNECTION WITH TAX FRAUD.
(a) In General.--Section 7206 is amended--
(1) by striking ``Any person'' and inserting the following:
``(a) In General.--Any person'', and
(2) by adding at the end the following new subsection:
``(b) Misappropriation of Identity.--Any person who
willfully misappropriates another person's taxpayer identity
(as defined in section 6103(b)(6)) for the purpose of making
any list, return, account, statement, or other document
submitted to the Secretary under the provisions of this title
shall be guilty of a felony and, upon conviction thereof,
shall be fined not more than $250,000 ($500,000 in the case
of a corporation) or imprisoned not more than 5 years, or
both, together with the costs of prosecution.''.
(b) Aggravated Identity Theft.--Section 1028A(c) of title
18, United States Code, is amended by striking ``or'' at the
end of paragraph (10), by striking the period at the end of
paragraph (11) and inserting ``; or'', and by adding at the
end the following new paragraph:
``(12) section 7206(b) of the Internal Revenue Code of 1986
(relating to misappropriation of identity in connection with
tax fraud).''.
(c) Effective Date.--The amendments made by this section
shall apply to offenses committed on or after the date of the
enactment of this Act.
SEC. 7. EXTEND INTERNAL REVENUE SERVICE AUTHORITY TO REQUIRE
TRUNCATED SOCIAL SECURITY NUMBERS ON FORM W-2.
(a) In General.--Paragraph (2) of section 6051(a) is
amended by striking ``his social security number'' and
inserting ``an identifying number for the employee''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 8. IMPROVEMENT IN ACCESS TO INFORMATION IN THE NATIONAL
DIRECTORY OF NEW HIRES FOR TAX ADMINISTRATION
PURPOSES.
(a) In General.--Paragraph (3) of section 453(i) of the
Social Security Act (42 U.S.C. 653(i)) is amended to read as
follows:
``(3) Administration of federal tax laws relating to
fraud.--The Secretary of the Treasury shall have access to
the information in the National Directory of New Hires for
the sole purpose of identifying and preventing fraudulent tax
return filings and claims for refund under the Internal
Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 9. PASSWORD SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX
FRAUD.
(a) In General.--The Secretary of the Treasury shall
implement an identity theft tax fraud prevention program
under which any individual taxpayer may elect to be provided
with a unique password which, as a result of such election,
will be required to be included on any Federal tax return
filed by such individual before the return will be processed.
Such program shall be available not later than January 1 of
the first calendar year beginning on or after the date that
is 2 years after the date of the enactment of this Act.
(b) Study and Report.--The Secretary of the Treasury shall
conduct a study of the program under subsection (a) and, not
later than 3 years after the January 1 date under such
subsection, shall report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives on the efficacy of such program in reducing
tax refund fraud. Such report shall include a recommendation
as to whether the program under subsection (a) should be made
mandatory, rather than elective, for all taxpayers.
SEC. 10. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF
INFORMATION BY PREPARERS OF RETURNS.
(a) In General.--Section 6713 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively, and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Enhanced Penalty for Improper Use or Disclosure
Relating to Identity Theft.--
``(1) In general.--In the case of a disclosure or use
described in subsection (a) that is made in connection with a
crime relating to the misappropriation of another person's
taxpayer identity (as defined in section 6103(b)(6)), whether
or not such crime involves any tax filing, subsection (a)
shall be applied--
``(A) by substituting `$1,000' for `$250', and
``(B) by substituting `$50,000' for `$10,000'.
``(2) Separate application of total penalty limitation.--
The limitation on the total amount of the penalty under
subsection (a) shall be applied separately with respect to
disclosures or uses to which this paragraph applies and to
which it does not apply.''.
(b) Criminal Penalty.--Section 7216(a) is amended by
striking ``$1,000'' and inserting ``$1,000 ($100,000 in the
case of a disclosure or use to which section 6713(b)
applies)''.
(c) Effective Date.--The amendments made by this section
shall apply to disclosures or uses after the date of the
enactment of this Act.
SEC. 11. INCREASE ELECTRONIC FILING OF RETURNS.
(a) In General.--Subparagraph (A) of section 6011(e)(2) is
amended by striking ``250'' and inserting ``the applicable
number of''.
(b) Applicable Number.--Subsection (e) of section 6011, as
amended by this Act, is amended by adding at the end the
following new paragraph:
``(6) Applicable number.--For purposes of paragraph (2)(A),
the applicable number is--
``(A) in the case of returns and statements relating to
calendar years before 2015, 250,
``(B) in the case of returns and statements relating to
calendar year 2015, 100,
``(C) in the case of returns and statements relating to
calendar year 2016, 50, and
``(D) in the case of returns and statements relating to
calendar years after 2016, 20.''.
(c) Returns Filed by a Tax Return Preparer.--
(1) In general.--Subparagraph (A) of section 6011(e)(3) is
amended to read as follows:
``(A) In general.--The Secretary shall require that--
``(i) any individual income tax return, and
``(ii) any return or statement under subpart B, C, or E of
part III of this subchapter,
which is prepared by a tax return preparer be filed on
magnetic media. The Secretary may waive the requirement of
the preceding sentence if the Secretary determines, on the
basis of an application by the tax return preparer, that the
preparer cannot meet such requirement based on technological
constraints (including lack of access to the Internet).''.
(2) Conforming amendment.--Paragraph (3) of section 6011(e)
is amended by striking subparagraph (B), and by redesignating
subparagraph (C) as subparagraph (B).
[[Page S5224]]
(d) Effective Dates.--The amendments made by this section
shall apply to returns the due date for which (determined
without regard to extensions) is after December 31, 2014.
SEC. 12. INCREASED REAL-TIME FILING.
(a) Accelerated Filing of Forms W-2 and W-3.--
(1) In general.--Section 6071 is amended by redesignating
subsection (c) as subsection (d), and by inserting after
subsection (b) the following new subsection:
``(c) Returns Relating to Employee Wage Information.--
Returns and statements made under sections 6051 and 6052
shall be filed on or before February 15 of the year following
the calendar year to which such returns relate.''.
(2) Conforming amendment.--Subsection (b) of section 6071
is amended by striking ``subparts B and C'' and inserting
``section 6053 and subpart B''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns and statements relating to calendar
years beginning after the date of the enactment of this Act.
(b) Accelerated Filing for Certain Forms 1099.--
(1) In general.--Subsection (c) of section 6071, as amended
by subsection (a), is amended--
(A) by striking ``Wage Information'' in the heading and
inserting ``Wage Information and Forms 1099-MISC'', and
(B) by inserting ``, and any return which is filed on Form
1099-MISC,'' after ``6052''.
(2) Conforming amendment.--Subsection (b) of section 6071,
as amended by this Act, is amended by striking ``section 6053
and subpart B of part III of this subchapter'' and inserting
``subpart B of part III of this subchapter (other than
returns filed on Form 1099-MISC)''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns relating to calendar years beginning
after December 31, 2014.
(c) Study Regarding Administrative Implementation.--Not
later than January 1, 2017, the Secretary of the Treasury
shall report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives including--
(1) a recommendation of whether the due dates for filing
Forms W-2 and W-3 with the Internal Revenue Service and the
Social Security Administration should be accelerated to
January 31 to match the due date for furnishing copies of
such forms to the recipient of the reported income,
(2) recommendations for processes--
(A) to match the information reported on Forms W-2 and
Forms 1099-MISC for the effective processing of returns and
accurate determination of refunds, and
(B) to correct errors on such documents, and
(3) any other recommendations such Secretary may have for
accelerating information reporting, including the
identification of any other forms that should be due on an
accelerated schedule in order to prevent tax refund fraud.
SEC. 13. LIMITATION ON MULTIPLE INDIVIDUAL INCOME TAX REFUNDS
TO THE SAME ACCOUNT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall
issue regulations that restrict the delivery or deposit of
multiple individual income tax refunds from the same tax year
to the same individual account or mailing address.
(b) Exception.--The regulation promulgated under subsection
(a) shall provide that the restrictions shall not apply in
cases and situations where the Secretary of the Treasury
determines there is not a likelihood of tax fraud.
SEC. 14. IDENTITY VERIFICATION REQUIRED UNDER DUE DILIGENCE
RULES.
(a) In General.--Subsection (g) of section 6695 is amended
by adding at the end the following new sentence: ``Such due
diligence requirements shall include a requirement that such
preparer verify (in such manner and with such documentation
as the Secretary shall provide) the identity of the taxpayer
with respect to such return or claim for refund.''.
(b) Effective Date.--The amendment made by this section
shall apply to returns or claims for refund filed after
December 31, 2014.
SEC. 15. REPORT ON REFUND FRAUD.
Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary of the
Treasury (or the Secretary's delegate) shall report to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives on the extent and
nature of fraud involving the use of a misappropriated
taxpayer identity with respect to claims for refund under the
Internal Revenue Code of 1986 during the preceding completed
income tax filing season, and the detection, prevention, and
enforcement activities undertaken by the Internal Revenue
Service with respect to such fraud, including--
(1) the development of fraud detection filters and how they
are or may be updated and improved;
(2) the effectiveness of fraud detection activities, and
the ways in which such effectiveness is measured; and
(3) the methods by which such Service categorizes of refund
fraud, and the amounts of fraud that are associated with each
category.
______
By Ms. HEITKAMP:
S. 2740. A bill to require the Secretary of Veterans Affairs to
establish a voluntary national directory of veterans to support
outreach to veterans, and for other purposes; to the Committee on
Veterans' Affairs.
Ms. HEITKAMP. Mr. President, today I am introducing legislation to
help new veterans get information about the programs, benefits and
services available to them as they transition back to civilian life.
The Connect with Veterans Act will make it easier for cities, counties
and tribes, as well as the State Departments of Veterans Affairs, to
interact directly with new veterans.
Since I joined the Senate in January 2013, I have traveled all across
North Dakota, listening to our veterans. One thing I heard, time and
time again, was the need for more information about programs and
services. Recently, I hosted my first Native American Veterans Summit
in Bismarck, ND. One of the things which struck me at the Summit was
how the Department of Veterans Affairs and other agencies simply
weren't connecting with the veterans who wanted information about
health care options and other benefits. It is clear that we, as a
society, must do better.
In June 2013, I was proud to form the Senate Defense Communities
Caucus along with my co-chair, Senator Johnny Isakson. We found that
people and communities all across the nation are passionate about
helping our military perform its mission. Through my work with the
Caucus, I found these communities are equally passionate about helping
our veterans as well. I heard, through a close partnership with the
Association of Defense Communities, that folks wanted to do more, at
the local level, to help veterans.
From those ideas, the Connect with Veterans Act was created. It is a
simple bill, and one that is entirely voluntary. Separating
servicemembers can choose to share their contact information with the
communities they are moving to after their military service. Interested
cities, counties and tribes can request the contact information for the
new veterans moving to their area and then provide them with
information about services and benefits. Throughout this process, the
veterans contact information will be kept secure.
It is critical that we provide veterans with access to the benefits
and services they have earned once they leave the military and--knowing
what services and benefits are available to them is the first step.
This bill will expand the sources of information available to veterans.
It is not just the VA that has the responsibility to help veterans. We
all share that responsibility.
I have heard from North Dakotans, in particular, about how this bill
would be incredibly beneficial as many communities in my state have
unmet employment needs. Veterans have proven to be great employees.
And, with good-paying jobs in North Dakota, this program can provide a
way to bring veterans into these open positions. But this bill gives
local control of what information is provided to veterans. Communities
throughout the nation will be able to make this program fit their
needs.
Our Nation must do a better job of taking care of our veterans. A
great first step is figuring out how best to welcome new veterans into
our communities. I know my bill will help that critical process.
______
By Mr. CORNYN (for himself, Mr. Grassley, Mr. McConnell, Mr.
Flake, Mr. Coats, Mr. Isakson, Mr. Alexander, Mr. Chambliss,
Mr. Barrasso, and Mr. Cochran):
S. 2743. A bill making supplemental appropriations for the fiscal
year ending September 30, 2014, for border security, law enforcement,
humanitarian assistance, and for other purposes; to the Committee on
Appropriations.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2743
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums
[[Page S5225]]
are appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September
30, 2014, and for other purposes, namely:
DIVISION A--SUPPLEMENTAL APPROPRIATIONS
TITLE I
DEPARTMENTS OF COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Department of Justice
general administration
administrative review and appeals
For an additional amount for ``Administrative Review and
Appeals'', $63,200,000, to remain available until September
30, 2015, as follows:
(1) $54,000,000 for the Executive Office for Immigration
Review to hire 54 Immigration Judge Teams, which shall be
trained and assigned to adjudicate juvenile cases.
(2) $6,700,000 for the Executive Office for Immigration
Review for the purchase of video teleconferencing equipment,
digital audio recording devices, and other technology that
will enable expanded immigration courtroom capacity and
capability.
(3) $2,500,000 for the Executive Office for Immigration
Review's Legal Orientation Program, of which not less than
$1,000,000 shall be for the Legal Orientation Program for
Custodians:
Provided, That not later than 15 days after the date of
enactment of this Act, the Executive Office for Immigration
Review shall submit a reorganization plan to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives that includes
detailed plans for prioritizing the adjudication of non-
detained, unaccompanied alien children and specific plans to
reassign Immigration Judge Teams to expedite the adjudication
of juveniles on the non-detained docket:
Provided further, That the submitted plan shall ensure that
juveniles will appear before an immigration judge for an
initial hearing not later than 10 days after the juvenile is
apprehended.
legal activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $1,100,000, for necessary
expenses to respond to the significant rise in unaccompanied
children and adults with children at the southwest border and
related activities, to remain available until September 30,
2014.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
U. S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to
cover necessary expenses to respond to the significant rise
in unaccompanied alien children and adults with children at
the Southwest border and related activities, including the
acquisition, construction, improvement, repair, and
management of facilities, and for necessary expenses related
to border security, $71,000,000, to remain available until
September 30, 2015.
U. S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to
cover necessary expenses to respond to the significant rise
in unaccompanied alien children and adults with children at
the Southwest border and related activities, and for the
necessary expenses for enforcement of immigration and customs
law, detention and removals of adults with children crossing
the border unlawfully, and investigations, $398,000,000, to
remain available until September 30, 2015, of which,
$50,000,000 shall be expended for 50 additional fugitive
operations teams and not less than $14,000,000 shall be
expended for vetted units operations in Central America and
human smuggling and trafficking investigations: Provided,
That the Secretary of Homeland Security shall support no
fewer than an additional 3,000 family and 800 other beds and
substantially increase the availability and utilization of
detention space for adults with children.
general provisions
Sec. 201. (a) For an additional amount for meeting the data
collection and reporting requirements of this Act,
$5,000,000.
(b) Notwithstanding section 503 of Division F of the
Consolidated Appropriations Act, 2014 (Public Law 113-76),
funds made available under subsection (a) for data collection
and reporting requirements may be transferred by the
Secretary of Homeland Security between appropriations for the
same purpose.
(c) The Secretary may not make a transfer described in
subsection (b) until 15 days after notifying the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives of such
transfer.
TITLE III
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES
Department of Health and Human Services
administration for children and families
refugee and entrant assistance
(including transfer of funds)
For an additional amount for ``Refugee and Entrant
Assistance'', $150,000,000, to be merged with and available
for the same period and purposes as funds appropriated in
Public Law 113-76 ``for carrying out such sections 414, 501,
462, and 235'': Provided, That funds appropriated under this
heading may also be used for other medical response expenses
of the Department of Health and Human Services in assisting
individuals identified under subsection (b) of such section
235: Provided further, That, the Secretary may, in this
fiscal year and hereafter, accept and use money, funds,
property, and services of any kind made available by gift,
devise, bequest, grant, or other donation for carrying out
such sections: Provided further, That funds appropriated
under this heading for medical response expenses may be
transferred to and merged with the ``Public Health and Social
Services Emergency Fund'': Provided further, That transfer
authority under this heading is subject to the regular
notification procedures of the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House
of Representatives.
general provisions
(rescission)
Sec. 301. Of the funds made available for performance
bonus payments under section 2105(a)(3)(E) of the Social
Security Act (42 U.S.C. 1397ee(a)(3)(E)), $1,700,000,000 is
rescinded.
TITLE IV
GENERAL PROVISIONS--THIS TITLE
Repatriation and Reintegration
Sec. 401. (a) Of the funds appropriated in titles III and
IV of division K of Public Law 113-76, and in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, for assistance for the
countries in Central America, up to $40,000,000 shall be made
available for such countries for repatriation and
reintegration activities: Provided, That funds made available
pursuant to this section may be obligated notwithstanding
subsections (c) and (e) of section 7045 of division K of
Public Law 113-76.
(b) Prior to the initial obligation of funds made available
pursuant to this section, but not later than 15 days after
the date of enactment of this Act, and every 90 days
thereafter until September 30, 2015, the Secretary of State,
in consultation with the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees a report on the
obligation of funds made available pursuant to this section
by country and the steps taken by the government of each
country to--
(1) improve border security;
(2) enforce laws and policies to stem the flow of illegal
entries into the United States;
(3) enact laws and implement new policies to stem the flow
of illegal entries into the United States, including
increasing penalties for human smuggling;
(4) conduct public outreach campaigns to explain the
dangers of the journey to the Southwest Border of the United
States and to emphasize the lack of immigration benefits
available; and
(5) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the Southwest
Border of the United States.
(c) The Secretary of State shall suspend assistance
provided pursuant to this section to the government of a
country if such government is not making significant progress
on each item described in paragraphs (1) through (5) of
subsection (b): Provided, That assistance may only be resumed
if the Secretary reports to the appropriate congressional
committees that subsequent to the suspension of assistance
such government is making significant progress on each of the
items enumerated in such subsection.
(d) Funds made available pursuant to this section shall be
subject to the regular notification procedures of the
Committee on Appropriations of the Senate and the Committee
on Appropriations of House of Representatives and the Senate.
TITLE V
general provisions -- this act
Sec. 501. Not later than 30 days after the date of the
enactment of this Act, the Attorney General, working in
coordination with the Secretary of Homeland Security and the
Secretary of Health and Human Services, shall institute a
process for collecting, exchanging, and sharing specific data
pertaining to individuals whose cases will be adjudicated by
the Executive Office for Immigration Review that ensures
that--
(1) the Department of Justice is capable of electronically
receiving information from the Department of Homeland
Security and the Department of Health and Human Services
related to the apprehension, processing, detention,
placement, and adjudication of such individuals, including
unaccompanied alien children;
(2) case files prepared by the Department of Homeland
Security after an individual has been issued a notice to
appear are electronically integrated with information
collected by the Department of Justice's Executive Office for
Immigration Review during the adjudication process;
(3) cases are coded to reflect immigration status and
appropriate categories at apprehension, such as unaccompanied
alien children and family units;
(4) information pertaining to cases and dockets are
collected and maintained by the
[[Page S5226]]
Department of Justice in an electronic, searchable database
that includes--
(A) the status of the individual appearing before the court
upon apprehension;
(B) the docket upon which the case is placed;
(C) the individual's presence for court proceedings;
(D) the final disposition of each case;
(E) the number of days each case remained on the docket
before final disposition; and
(F) any other information the Attorney General determines
to be necessary and appropriate; and
(5) the final disposition of an adjudication or an order of
removal is electronically submitted to--
(A) the Department of Homeland Security; and
(B) the Department of Health and Human Services, if
appropriate.
Sec. 502. Not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security,
working in coordination with the Attorney General and the
Secretary of Health and Human Services, shall institute a
process for collecting, exchanging, and sharing specific data
pertaining to individuals who are apprehended or encountered
for immigration enforcement purposes by the Department of
Homeland Security that ensures that--
(1) case files prepared by the Department of Homeland
Security after an individual has been issued a notice to
appear are electronically transmitted to--
(A) the Department of Justice's Executive Office for
Immigration Review for integration with case files prepared
during the adjudication process; and
(B) to the Department of Health and Human Services, as
appropriate, if the files relate to unaccompanied alien
children;
(2) the Department of Homeland Security is capable of
electronically receiving information pertaining to the
disposition of an adjudication, including removal orders and
the individual's failure to appear for proceedings, from the
Department of Justice's Executive Office for Immigration
Review; and
(3) information is collected and shared with the Department
of Justice regarding the immigration status and appropriate
categories of such individuals at the time of apprehension,
such as--
(A) unaccompanied alien children or family units;
(B) the location of their apprehension;
(C) the number of days they remain in the custody of the
Department of Homeland Security;
(D) the reason for releasing the individual from custody;
(E) the geographic location of their residence, if released
from custody;
(F) any action taken by the Department of Homeland Security
after receiving information from the Department of Justice
regarding an individual's failure to appear before the court;
(G) any action taken by the Department of Homeland Security
after receiving information from the Department of Justice
regarding the disposition of an adjudication; and
(H) any other information that the Secretary of Homeland
Security determines to be necessary and appropriate.
Sec. 503. Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, working in coordination with the Attorney General
and the Secretary of Homeland Security, shall institute a
process for collecting, exchanging, and sharing specific data
pertaining to unaccompanied alien children that ensures
that--
(1) the Department of Health and Human Services is capable
of electronically receiving information from the Department
of Homeland Security and the Department of Justice related to
the apprehension, processing, placement, and adjudication of
unaccompanied alien children;
(2) the Department of Health and Human Services shares
information with the Department of Homeland Security
regarding its capacity and capability to meet the 72-hour
mandate required under section 235(b)(3) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(b)(3)); and
(3) information is collected and shared with the Department
of Justice and the Department of Homeland Security
regarding--
(A) the number of days a child remained in the custody of
the Department of Health and Human Services;
(B) whether the child was placed in a facility operated by
the Department of Defense;
(C) for children placed with a sponsor--
(i) the number of children placed with the sponsor;
(ii) the relationship of the sponsor taking custody of the
child;
(iii) the type of background check conducted on the
potential sponsor; and
(iv) the geographic location of the sponsor; and
(D) any other information the Attorney General or the
Secretary of Homeland Security determines to be necessary and
appropriate.
Sec. 504. The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-Act of
2010, shall be determined by reference to the latest
statement titled ``Budgetary Effects of PAYGO Legislation''
for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the
vote on passage.
Sec. 505. This Act may be cited as the ``Protecting
Children and America's Homeland Act of 2014''.
DIVISION B--UNACCOMPANIED ALIEN CHILDREN AND BORDER SECURITY
TITLE X--UNACCOMPANIED ALIEN CHILDREN
Subtitle A--Protection and Due Process for Unaccompanied Alien Children
SEC. 1001. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
Section 235(a) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(a)) is amended--
(1) in paragraph (2)--
(A) by amending the paragraph heading to read as follows:
``Rules for unaccompanied alien children.--'';
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``who is a national or habitual resident of
a country that is contiguous with the United States''; and
(C) in subparagraph (C)--
(i) by amending the subparagraph heading to read as
follows: ``Agreements with foreign countries.--''; and
(ii) in the matter preceding clause (i), by striking
``countries contiguous to the United States'' and inserting
``Canada, El Salvador, Guatemala, Honduras, Mexico, and any
other foreign country that the Secretary determines
appropriate'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively;
(3) inserting after paragraph (2) the following:
``(3) Mandatory expedited removal of criminals and gang
members.--Notwithstanding any other provision of law, the
Secretary of Homeland Security shall place an unaccompanied
alien child in a proceeding in accordance with section 235 of
the Immigration and Nationality Act (8 U.S.C. 1225a) if, the
Secretary determines or has reason to believe the alien--
``(A) has been convicted of any offense carrying a maximum
term of imprisonment of more than 180 days;
``(B) has been convicted of an offense which involved--
``(i) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
``(ii) child abuse and neglect (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
``(iii) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
``(iv) the violation of a protection order (as defined in
section 2266 of title 18, United States Code);
``(v) driving while intoxicated (as defined in section 164
of title 23, United States Code); or
``(vi) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a));
``(C) has been convicted of more than 1 criminal offense
(other than minor traffic offenses);
``(D) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
``(E) is or was a member of a criminal gang (as defined in
paragraph (53) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(F) provided materially false, fictitious, or fraudulent
information regarding age or identity to the United States
Government with the intent to wrongfully be classified as an
unaccompanied alien child; or
``(G) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the entry
was unlawful.''; and
(4) in subparagraph (D) of paragraph (6), as redesignated
by paragraph (2)--
(A) by amending the subparagraph heading to read as
follows: ``Expedited due process and screening for
unaccompanied alien children.--'';
(B) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to the exceptions under subsection (a)(2),
shall be--'' and inserting ``who meets the criteria listed in
paragraph (2)(A)--'';
(C) by striking clause (i) and inserting the following:
``(i) shall be placed in a proceeding in accordance with
section 235B of the Immigration and Nationality Act, which
shall commence not later than 7 days after the screening of
an unaccompanied alien child described in paragraph (4);'';
(D) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the custody of a
nongovernmental sponsor or otherwise released from the
immediate custody of the United States Government until the
child is repatriated unless the child--
[[Page S5227]]
``(I) is the subject of an order under section 235B(e)(1)
of the Immigration and Nationality Act; and
``(II) is placed or released in accordance with subsection
(c)(2)(C) of this section.'';
(F) in clause (iii), as redesignated, by inserting ``is''
before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting ``shall
be'' before ``provided''.
SEC. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR
UNACCOMPANIED ALIEN CHILDREN.
(a) Humane and Expedited Inspection and Screening for
Unaccompanied Alien Children.--
(1) In general.--Chapter 4 of title II of the Immigration
and Nationality Act (8 U.S.C. 1221 et seq.) is amended by
inserting after section 235A the following:
``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING
FOR UNACCOMPANIED ALIEN CHILDREN.
``(a) Asylum Officer Defined.--In this section, the term
`asylum officer' means an immigration officer who--
``(1) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208; and
``(2) is supervised by an officer who--
``(A) meets the condition described in paragraph (1); and
``(B) has had substantial experience adjudicating asylum
applications.
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(5) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)),
an immigration judge shall conduct and conclude a proceeding
to inspect, screen, and determine the status of the
unaccompanied alien child who is an applicant for admission
to the United States.
``(2) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the unaccompanied
alien child and any witnesses;
``(B) may issue subpoenas for the attendance of witnesses
and presentation of evidence;
``(C) is authorized to sanction by civil money penalty any
action (or inaction) in contempt of the judge's proper
exercise of authority under this Act; and
``(D) shall determine whether the unaccompanied alien child
meets any of the criteria set out in subparagraphs (A)
through (G) of paragraph (3) of section 235(a) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(a)), and if so, order the alien
removed under subsection (e)(2) of this section.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in the
absence of the unaccompanied alien child;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of the mental incompetency of the unaccompanied alien child
for the alien to be present at the proceeding, the Attorney
General shall prescribe safeguards to protect the rights and
privileges of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the unaccompanied alien child shall be given the
privilege of being represented, at no expense to the
Government, by counsel of the alien's choosing who is
authorized to practice in the proceedings;
``(B) the alien shall be given a reasonable opportunity--
``(i) to examine the evidence against the alien;
``(ii) to present evidence on the alien's own behalf; and
``(iii) to cross-examine witnesses presented by the
Government;
``(C) the rights set forth in subparagraph (B) shall not
entitle the alien--
``(i) to examine such national security information as the
Government may proffer in opposition to the alien's admission
to the United States; or
``(ii) to an application by the alien for discretionary
relief under this Act; and
``(D) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
``(5) Withdrawal of application for admission.--An
unaccompanied alien child applying for admission to the
United States may, and at any time prior to the issuance of a
final order of removal, be permitted to withdraw the
application and immediately be returned to the alien's
country of nationality or country of last habitual residence.
``(6) Consequences of failure to appear.--An unaccompanied
alien child who does not attend a proceeding under this
section, shall be ordered removed, except under exceptional
circumstances where the alien's absence is the fault of the
Government, a medical emergency, or an act of nature.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a proceeding under
this section, the immigration judge shall determine whether
an unaccompanied alien child is likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from removal under
this Act.
``(B) Evidence.--The determination of the immigration judge
under subparagraph (A) shall be based only on the evidence
produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this section, an
unaccompanied alien child who is an applicant for admission
has the burden of establishing, by a preponderance of the
evidence, that the alien--
``(i) is likely to be entitled to be lawfully admitted to
the United States or eligible for any form of relief from
removal under this Act; or
``(ii) is lawfully present in the United States pursuant to
a prior admission.
``(B) Access to documents.--In meeting the burden of proof
under subparagraph (A)(ii), the alien shall be given access
to--
``(i) the alien's visa or other entry document, if any; and
``(ii) any other records and documents, not considered by
the Attorney General to be confidential, pertaining to the
alien's admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met
the burden of proof under subsection (d)(2), the immigration
judge shall--
``(A) order the alien to be placed in further proceedings
in accordance with section 240; and
``(B) order the Secretary of Homeland Security to place the
alien on the U.S. Immigration and Customs Enforcement
detained docket for purposes of carrying out such
proceedings.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under section 208;
or
``(B) a fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, the
immigration judge shall order the alien referred for an
interview by an asylum officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Credible fear of persecution defined.--In this
subsection, the term `credible fear of persecution' means,
after taking into account the credibility of the statements
made by an unaccompanied alien child in support of the
alien's claim and such other facts as are known to the asylum
officer, there is a significant possibility that the alien
could establish eligibility for asylum under section 208.
``(2) Conduct by asylum officer.--An asylum officer shall
conduct the interviews of an unaccompanied alien child
referred under subsection (e)(3).
``(3) Referral of certain aliens.--If the asylum officer
determines at the time of the interview that an unaccompanied
alien child has a credible fear of persecution, the alien
shall be held in the custody of the Secretary for Health and
Human Services pursuant to section 235(b) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(b)) during further consideration
of the application for asylum.
``(4) Removal without further review if no credible fear of
persecution.--
``(A) In general.--Subject to subparagraph (C), if the
asylum officer determines that an unaccompanied alien child
does not have a credible fear of persecution, the asylum
officer shall order the alien removed from the United States
without further hearing or review.
``(B) Record of determination.--The asylum officer shall
prepare a written record of a determination under
subparagraph (A), which shall include--
``(i) a summary of the material facts as stated by the
alien;
``(ii) such additional facts (if any) relied upon by the
asylum officer;
``(iii) the asylum officer's analysis of why, in light of
such facts, the alien has not established a credible fear of
persecution; and
``(iv) a copy of the asylum officer's interview notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General shall establish, by
regulation, a process by which an immigration judge will
conduct a prompt review, upon the alien's request, of a
determination under subparagraph (A) that the alien does not
have a credible fear of persecution.
``(ii) Mandatory components.--The review described in
clause (i)--
``(I) shall include an opportunity for the alien to be
heard and questioned by the immigration judge, either in
person or by telephonic or video connection; and
``(II) shall be concluded as expeditiously as possible, to
the maximum extent practicable within 24 hours, but in no
case later than 7 days after the date of the determination
under subparagraph (A).
[[Page S5228]]
``(D) Mandatory protective custody.--Any alien subject to
the procedures under this paragraph shall be held in the
custody of the Secretary of Health and Human Services
pursuant to section 235(b) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b))--
``(i) pending a final determination of an application for
asylum under this subsection; and
``(ii) after a determination under this subsection that the
alien does not have a credible fear of persecution, until the
alien is removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or
as permitted under penalty of perjury under section 1746 of
title 28, United States Code, after having been warned of the
penal ties for falsely making such claim under such
conditions to have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.
``(h) Last in, First Out.--In any proceedings,
determinations, or removals under this section, priority
shall be accorded to the alien who has most recently arrived
in the United States.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 235A the
following:
``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.
(b) Judicial Review of Orders of Removal.--Section 242 of
the Immigration and Nationality Act (8 U.S.C. 1252) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 235(b)(1))''
and inserting ``section 235(b)(1) or an order of removal
issued to an unaccompanied alien child after proceedings
under section 235B''; and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place it appears; and
(ii) in subparagraph (A)--
(I) in the subparagraph heading, by inserting ``or 235b''
after ``section 235(b)(1)''; and
(II) in clause (iii), by striking ``section 235(b)(1)(B),''
and inserting ``section 235(b)(1)(B) or 235B(f);''; and
(2) in subsection (e)--
(A) in the subsection heading, by inserting ``or 235B''
after ``Section 235(b)(1)'';
(B) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place it appears;
(C) in subparagraph (2)(C), by inserting ``or section
235B(g)'' after ``section 235(b)(1)(C)''; and
(D) in subparagraph (3)(A), by inserting ``or section
235B'' after ``section 235(b)''.
SEC. 1003. EXPEDITED DUE PROCESS FOR UNACCOMPANIED ALIEN
CHILDREN PRESENT IN THE UNITED STATES.
(a) Special Motions for Unaccompanied Alien Children.--
(1) Filing authorized.--During the 60-day period beginning
on the date of the enactment of this Act, the Secretary of
Homeland Security shall, notwithstanding any other provision
of law, permit an unaccompanied alien child who was issued a
notice to appear under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) during the period beginning
on January 1, 2013, and ending on the date of the enactment
of this Act--
(A) to appear, in-person, before an immigration judge who
has been authorized by the Attorney General to conduct
proceedings under section 235B of the Immigration and
Nationality Act, as added by section 1002;
(B) to attest that the unaccompanied alien child desires to
apply for admission to the United States; and
(C) to file a motion--
(i) to replace any notice to appear issued between January
1, 2013, and the date of the enactment of this Act under such
section 239 that has not resulted in a final order of
removal; and
(ii) to apply for admission to the United States by being
placed in proceedings under such section 235B.
(2) Adjudication of motion.--An immigration judge may, at
the sole and unreviewable discretion of the judge, grant a
motion filed under paragraph (1)(C) upon a finding that--
(A) the petitioner was an unaccompanied alien child (as
defined in section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232)) on the date on which a notice to appear was issued to
the alien under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229);
(B) the notice to appear was issued during the period
beginning on January 1, 2013, and ending on the date of the
enactment of this Act;
(C) the unaccompanied alien child is applying for admission
to the United States; and
(D) the granting of such motion would not be manifestly
unjust.
(3) Effect of motion.--Notwithstanding any other provision
of law, upon the granting of a motion to replace a notice to
appear under paragraph (2), the immigration judge who granted
such motion shall--
(A) while the petitioner remains in-person, immediately
inspect and screen the petitioner for admission to the United
States by conducting a proceeding under section 235B of the
Immigration and Nationality Act, as added by section 1002;
(B) immediately notify the petitioner of the petitioner's
ability, under section 235B(c)(5) of the Immigration and
Nationality Act to withdraw the petitioner's application for
admission to the United States and immediately be returned to
the petitioner's country of nationality or country of last
habitual residence; and
(C) replace the petitioner's notice to appear with an order
under section 235B(e) of the Immigration and Nationality Act.
(4) Protective custody.--An unaccompanied alien child who
has been granted a motion under paragraph (2) shall be held
in the custody of the Secretary of Health and Human Services
pursuant to section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232).
SEC. 1004. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION
SHARING.
Section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)) is amended by adding at the end the following:
``(5) Information sharing.--
``(A) Immigration status.--If the Secretary of Health and
Human Services considers placement of an unaccompanied alien
child with a potential sponsor, the Secretary of Homeland
Security shall provide to the Secretary of Health and Human
Services the immigration status of such potential sponsor
prior to the placement of the unaccompanied alien child.
``(B) Other information.--The Secretary of Health and Human
Services shall provide to the Secretary of Homeland Security
and the Attorney General any relevant information related to
an unaccompanied alien child who is or has been in the
custody of the Secretary of Health and Human Services,
including the location of the child and any person to whom
custody of the child has been transferred, for any legitimate
law enforcement objective, including enforcement of the
immigration laws.''.
SEC. 1005. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.
Section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)), as amended by section 1004, is further amended by
inserting at the end the following:
``(6) Inspection of facilities.--The Inspector General of
the Department of Health and Human Services shall conduct
regular inspections of facilities utilized by the Secretary
of Health and Human Services to provide care and custody of
an unaccompanied alien children who are in the immediate
custody of the Secretary to ensure that such facilities are
operated in the most efficient manner practicable.
``(7) Facility operations costs.--The Secretary of Health
and Human Services shall ensure that facilities utilized to
provide care and custody of unaccompanied alien children are
operated efficiently and at a rate of cost that is not
greater than $500 per day for each child housed or detained
at such facility, unless the Secretary certifies that
compliance with this requirement is temporarily impossible
due to emergency circumstances.''.
SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL
REMOVAL PROCEEDING.
Section 235(c) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)) is amended--
(1) in paragraph (2) by inserting at the end the following:
``(C) Children in formal removal proceedings.--
``(i) Limitation on placement.--An unaccompanied alien
child who has been placed in a proceeding under section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a) may
not be placed in the custody of a nongovernmental sponsor or
otherwise released from the immediate custody of the United
States Government unless--
``(I) the nongovernmental sponsor is a biological or
adoptive parent of the unaccompanied alien child;
``(II) the parent is legally present in the United States
at the time of the placement;
``(III) the parent has undergone a mandatory biometric
criminal history check; and
``(IV) the Secretary of Health and Human Services has
determined that the unaccompanied alien child is not a danger
to self, danger to the community, or risk of flight.
``(ii) Exceptions.--If the Secretary of Health and Human
Services determines that an unaccompanied alien child is a
victim of severe forms of trafficking in persons (as defined
in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)), a special needs child with a
disability (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)), a child who has
been a victim of physical or sexual abuse under circumstances
that indicate that the child's health or welfare has been
significantly harmed or threatened, or a child with mental
health needs that require ongoing assistance from a social
welfare agency, the unaccompanied alien child may be placed
with a grandparent or adult sibling if the grandparent or
adult sibling meets the
[[Page S5229]]
requirements set out in subclauses (II), (III), and (IV) of
clause (i).
``(iii) Monitoring.--
``(I) In general.--An unaccompanied alien child who is 15,
16, or 17 years of age placed with a nongovernmental sponsor
or, in the case of an unaccompanied alien child younger than
15 years of age placed with a nongovernmental sponsor, such
nongovernmental sponsor shall--
``(aa) enroll in the alternative to detention program of
U.S. Immigration and Customs Enforcement; and
``(bb) continuously wear an electronic ankle monitor while
the unaccompanied alien child is in removal proceedings.
``(II) Penalty for monitor tampering.--If an electronic
ankle monitor required by subclause (I) is tampered with, the
sponsor of the unaccompanied alien child shall be subject to
a civil penalty of $150 for each day the monitor is not
functioning due to the tampering, up to a maximum of $3,000.
``(iv) Effect of violation of conditions.--The Secretary of
Health and Human Services shall remove an unaccompanied alien
child from a sponsor if the sponsor violates the terms of the
agreement specifying the conditions under which the alien was
placed with the sponsor.
``(v) Failure to appear.--
``(I) Civil penalty.--If an unaccompanied alien child is
placed with a sponsor and fails to appear in a mandatory
court appearance, the sponsor shall be subject to a civil
penalty of $250 for each day until the alien appears in
court, up to a maximum of $5,000.
``(II) Burden of proof.--The sponsor is not subject to the
penalty imposed under subclause (I) if the sponsor--
``(aa) appears in person and proves to the immigration
court that the failure to appear by the unaccompanied alien
child was not the fault of the sponsor; and
``(bb) supplies the immigration court with documentary
evidence that supports the assertion described in item (aa).
``(vi) Prohibition on placement with sex offenders and
human traffickers.--The Secretary of Health and Human
Services may not place an unaccompanied alien child under
this subparagraph in the custody of an individual who has
been convicted of, or the Secretary has reason to believe was
otherwise involved in the commission of--
``(I) a sex offense (as defined in section 111 of the Sex
Offender Registration and Notification Act (42 U.S. 16911));
or
``(II) a crime involving severe forms of trafficking in
persons (as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)).
``(vii) Requirements of criminal background check.--A
biometric criminal history check required by clause (i)(IV)
shall be conducted using a set of fingerprints or other
biometric identifier through--
``(I) the Federal Bureau of Investigation;
``(II) criminal history repositories of all States that the
individual lists as current or former residences; and
``(III) any other State or Federal database or repository
that the Secretary of Health and Human Services determines is
appropriate.''.
SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY
OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody
of unaccompanied alien children
``(a) In General.--It shall be unlawful for a person to
obtain custody of an unaccompanied alien child (as defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)) by--
``(1) making any materially false, fictitious, or
fraudulent statement or representation; or
``(2) making or using any false writing or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, this section shall be fined under this
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary
purpose of the violation, attempted violation, or conspiracy
to violate this section was to subject the child to sexually
explicit activity or any other form of exploitation, the
offender shall be fined under this title and imprisoned for
not less than 15 years.''.
(b) Clerical Amendment.--The table of sections for chapter
47 of title 18, United States Code, is amended by inserting
after the item relating to section 1040 the following:
``1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.
SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND MONITORING.
(a) Notification.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended by adding at the end the following:
``(j) Notification to States.--
``(1) Prior to placement.--The Secretary of Homeland
Security or the Secretary of Health and Human Services shall
notify the Governor of a State not later than 48 hours prior
to the placement of an unaccompanied alien child from in
custody of such Secretary in the care of a facility or
sponsor in such State.
``(2) Initial reports.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Health
and Human Services shall submit a report to the Governor of
each State in which an unaccompanied alien child was
discharged to a sponsor or placed in a facility while
remaining in the legal custody of the Secretary during the
period beginning October 1, 2013 and ending on the date of
the enactment of the Protecting Children and America's
Homeland Act of 2014.
``(3) Monthly reports.--The Secretary of Health and Human
Services shall submit a monthly report to the Governor of
each State in which, during the reporting period,
unaccompanied alien children were discharged to a sponsor or
placed in a facility while remaining in the legal custody of
the Secretary of Health and Human Services.
``(4) Contents.--Each report required to be submitted to
the Governor of a State by paragraph (2) or (3) shall
identify the number of unaccompanied alien children placed in
the State during the reporting period, disaggregated by--
``(A) the locality in which the aliens were placed; and
``(B) the age of the aliens.''.
(b) Monitoring Requirement.--The Secretary of Health and
Human Services shall--
(1) require all sponsors to agree--
(A) to receive approval from the Secretary of Health and
Human Services prior to changing the location in which the
sponsor is housing an unaccompanied alien child placed in the
sponsor's custody; and
(B) to provide a current address for the child and the
reason for the change of address;
(2) provide regular and frequent monitoring of the physical
and emotional well-being of each unaccompanied alien child
who has been discharged to a sponsor or remained in the legal
custody of the Secretary until the child's immigration case
is resolved; and
(3) not later than 60 days after the date of the enactment
of this Act, provide to Congress a plan for implementing the
requirement of paragraph (2).
SEC. 1009. EMERGENCY IMMIGRATION JUDGE RESOURCES.
(a) Designation.--Not later than 14 days after the date of
the enactment of this Act, the Attorney General shall
designate up to 100 immigration judges, including through the
temporary or permanent hiring of retired immigration judges,
magistrate judges, or administrative law judges, or the
reassignment of current immigration judges, that are
dedicated to--
(1) conducting humane and expedited inspection and
screening for unaccompanied alien children under section 235B
of the Immigration and Nationality Act, as added by section
1002; or
(2) reducing existing backlogs in immigration court
proceedings initiated under section 239 of the Immigration
and Nationality Act (8 U.S.C. 1229).
(b) Requirement.--The Attorney General shall ensure that
sufficient immigration judge resources are dedicated to the
purpose described in subsection (a)(1) to comply with the
requirement under section 235B(b)(1) of the Immigration and
Nationality Act, as added by section 1002.
SEC. 1010. REPORTS TO CONGRESS.
(a) Reports on Care of Unaccompanied Alien Child.--Not
later than December 31, 2014 and September 30, 2015, the
Secretary of Health and Human Services shall submit to
Congress and make publically available a report that
includes--
(1) a detailed summary of the contracts in effect to care
for and house unaccompanied alien children, including the
names and locations of contractors and the facilities being
used;
(2) the cost per day to care for and house an unaccompanied
alien child, including an explanation of such cost;
(3) the number of unaccompanied alien children who have
been released to a sponsor, if any;
(4) a list of the States to which unaccompanied alien
children have been released from the custody of the Secretary
of Health and Human Services to the care of a sponsor or
placement in a facility;
(5) the number of unaccompanied alien children who have
been released to a sponsor who is not lawfully present in the
United States, including the country of nationality or last
habitual residence and age of such children;
(6) a determination of whether more than 1 unaccompanied
alien child has been released to the same sponsor, including
the number of children who were released to such sponsor;
(7) an assessment of the extent to which the Secretary of
Health and Human Services is monitoring the release of
unaccompanied alien children, including home studies done and
ankle bracelets or other devices used;
(8) an assessment of the extent to which the Secretary of
Health and Human Services is making efforts--
(A) to educate unaccompanied alien children about their
legal rights; and
(B) to provide unaccompanied alien children with access to
pro bono counsel; and
(9) the extent of the public health issues of unaccompanied
alien children, including contagious diseases, the benefits
or medical services provided, and the outreach to States and
localities about public health issues, that could affect the
public.
(b) Reports on Repatriation Agreements.--Not later than
February 31, 2015 and
[[Page S5230]]
August 31, 2015, the Secretary of State shall submit to
Congress and make publically available a report that--
(1) describes--
(A) any repatriation agreement for unaccompanied alien
children in effect and a copy of such agreement; and
(B) any such repatriation agreement that is being
considered or negotiated; and
(2) describes the funding provided to the 20 countries that
have the highest number of nationals entering the United
States as unaccompanied alien children, including amounts
provided--
(A) to deter the nationals of each country from illegally
entering the United States; and
(B) to care for or reintegrate repatriated unaccompanied
alien children in the country of nationality or last habitual
residence.
(c) Reports on Returns to Country of Nationality.--Not
later than December 31, 2014 and September 30, 2015, the
Secretary of Homeland Security shall submit to Congress and
make publically available a report that describes--
(1) the number of unaccompanied alien children who have
voluntarily returned to their country of nationality or
habitual residence, disaggregated by--
(A) country of nationality or habitual residence; and
(B) age of the unaccompanied alien children;
(2) the number of unaccompanied alien children who have
been returned to their country of nationality or habitual
residence, including assessment of the length of time such
children were present in the United States;
(3) the number of unaccompanied alien children who have not
been returned to their country of nationality or habitual
residence pending travel documents or other requirements from
such country, including how long they have been waiting to
return; and
(4) the number of unaccompanied alien children who were
granted relief in the United States, whether through asylum
or any other immigration benefit.
(d) Reports on Immigration Proceedings.--Not later than
September 30, 2015, and once every 3 months thereafter, the
Director of the Executive Office for Immigration Review shall
submit to Congress and make publically available a report
that describes--
(1) the number of unaccompanied alien children who, after
proceedings under section 235B of the Immigration and
Nationality Act, as added by section 1002, were returned to
their country of nationality or habitual residence,
disaggregated by--
(A) country of nationality or residence; and
(B) age and gender of such aliens;
(2) the number of unaccompanied alien children who, after
proceedings under such section 235B, prove a claim of
admissibility and are place in proceedings under section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a);
(3) the number of unaccompanied alien children who fail to
appear at a removal hearing that such alien was required to
attend;
(4) the number of sponsors who were levied a penalty,
including the amount and whether the penalty was collected,
for the failure of an unaccompanied alien child to appear at
a removal hearing; and
(5) the number of aliens that are classified as
unaccompanied alien children, the ages and countries of
nationality of such children, and the orders issued by the
immigration judge at the conclusion of proceedings under such
section 235B for such children.
Subtitle B--Cooperation With Countries of Nationality of Unaccompanied
Alien Children
SEC. 1021. IN-COUNTRY REFUGEE PROCESSING.
(a) Findings.--Congress makes the following findings:
(1) Consistent with section 101(a)(42)(B) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and
section 207(e) of such Act (8 U.S.C. 1157(e)), special
circumstances currently exist due to grave humanitarian
concerns throughout the travel, and attempts to travel, to
the United States by unaccompanied children sufficient to
justify and require, for fiscal years 2014 and 2015, the
allowance of processing of in-country refugee applications in
El Salvador, Guatemala, and Honduras in order to prevent such
children from undertaking the long and dangerous journey
across Central America and Mexico.
(2) Grave humanitarian concerns exist due to--
(A) at least 60,000 unaccompanied children having
undertaken the long and dangerous journey to the United
States from Central America in fiscal year 2014 alone;
(B) substantial reports of unaccompanied children becoming,
during the course of their journey intended for the United
States, victims of--
(i) significant injury, including loss of limbs;
(ii) severe forms of violence;
(iii) death due to accident and intentional killing;
(iv) severe forms of human trafficking;
(v) kidnap for ransom; and
(vi) sexual assault and rape; and
(C) the likelihood that the vast majority of the
unaccompanied children seeking admission or immigration
relief, including through application as a refugee or claims
of asylum, do not qualify for such admission or relief, and
therefore will be repatriated.
(3) While special circumstances currently exist to justify
in-country refugee application processing for El Salvador,
Guatemala, and Honduras, it is appropriate to determine the
admissibility of individuals applying for refugee status from
those countries according to current law and granting
administrative relief in instances in which refugee or asylum
applications are denied, or are expected to be denied, would
exacerbate the grave humanitarian concerns described in
paragraph (2) by further encouraging attempts at migration.
(b) Authority for In-country Refugee Processing.--
Notwithstanding section 101(a)(42)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)(B)), for fiscal years
2014 and 2015, the Secretary of State, in consultation with
the Secretary of Homeland Security and the Director of the
Office of Refugee Resettlement of the Department of Health
and Human Services, shall process an application for refugee
status--
(1) for an alien who is a national of El Salvador,
Guatemala, or Honduras and is located in such country; or
(2) in the case of an alien having no nationality, for an
alien who is habitually residing in such country and is
located in such country.
(c) Rule of Construction.--Nothing in this section may be
construed as a grant of immigration benefit or relief, nor as
a change to existing law regarding the eligibility for any
individual for such benefit or relief, other than to the
extent refugee applications shall be permitted in-country in
accordance with this section.
SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUNTRIES.
Notwithstanding any other provision of law, the President,
in determining the number of refugees who may be admitted
under section 207(a) of the Immigration and Nationality Act
(8 U.S.C. 1157(a))--
(1) for fiscal year 2014, may --
(A) allocate the unallocated reserve refugee number set out
in the Presidential Memorandum on Refugee Admissions for
Fiscal Year 2014 issued on October 2, 2013 to admit refugees
from Central America; and
(B) allocate any unused admissions allocated to a
particular region for Central American refugee admissions;
and
(2) for fiscal year 2015, shall include Central America
among the regional allocations included in the Presidential
determination for refugee admissions that fiscal year.
SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPATRIATION OF
UNACCOMPANIED ALIEN CHILDREN.
(a) Certification.--
(1) In general.--Subject to paragraph (2), on the date that
is 60 days after the date of the enactment of this Act, and
annually thereafter, the President shall make a certification
of whether the Government of El Salvador, Guatemala, or
Honduras--
(A) is actively working to reduce the number of
unaccompanied alien children from that country who are
attempting to migrate northward in order to illegally enter
the United States;
(B) is cooperating with the Government of the United States
to facilitate the repatriation of unaccompanied alien
children who are removed from the United States and returned
to their country of nationality or habitual residence; and
(C) has negotiated or is actively negotiating an agreement
under section 235(a)(2)(C) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(a)(2)(C)), as amended by section 1001.
(2) Interim certification.--If prior to the date an annual
certification is required by paragraph (1) the President
determines the most recent such certification for the
Government of El Salvador, Guatemala, or Honduras is no
longer accurate, the President may make an accurate
certification for that country prior to such date.
(b) Limitation on Assistance.--The Federal Government may
not provide any assistance (other than security assistance)
to El Salvador, Guatemala, or Honduras unless in the most
recent certification for that country under subsection (a) is
that the Government of El Salvador, Guatemala, or Honduras,
respectively, meets the requirements of subparagraphs (A),
(B), and (C) of subsection (a)(1).
TITLE XI--CRIMINAL ALIENS
SEC. 1101. ALIEN GANG MEMBERS.
(a) Definition.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at
the end the following:
``(53)(A) The term `criminal gang' means an ongoing group,
club, organization, or association of 5 or more persons--
``(i)(I) that has as 1 of its primary purposes the
commission of 1 or more of the criminal offenses described in
subparagraph (B); and
``(II) the members of which engage, or have engaged within
the past 5 years, in a continuing series of offenses
described in subparagraph (B); or
``(ii) that has been designated as a criminal gang under
section 220 by the Secretary of Homeland Security, in
consultation with the Attorney General, or the Secretary of
State.
``(B) The offenses described in this subparagraph, whether
in violation of Federal or State law or foreign law and
regardless of whether the offenses occurred before, on, or
after the date of the enactment of the Protecting Children
and America's Homeland Act of 2014, are the following:
[[Page S5231]]
``(i) A `felony drug offense' (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(ii) An offense under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of alien for
immoral purpose).
``(iii) A crime of violence (as defined in section 16 of
title 18, United States Code).
``(iv) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant,
or burglary.
``(v) Any conduct punishable under sections 1028 and 1029
of title 18, United States Code (relating to fraud and
related activity in connection with identification documents
or access devices), sections 1581 through 1594 of such title
(relating to peonage, slavery and trafficking in persons),
section 1952 of such title (relating to interstate and
foreign travel or transportation in aid of racketeering
enterprises), section 1956 of such title (relating to the
laundering of monetary instruments), section 1957 of such
title (relating to engaging in monetary transactions in
property derived from specified unlawful activity), or
sections 2312 through 2315 of such title (relating to
interstate transportation of stolen motor vehicles or stolen
property).
``(vi) A conspiracy to commit an offense described in
clauses (i) through (v).
``(C) Notwithstanding any other provision of law (including
any effective date), the term `criminal gang' applies
regardless of whether the conduct occurred before, on, or
after the date of the enactment of this paragraph.''.
(b) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following:
``(J) Aliens associated with criminal gangs.--Any alien is
inadmissible who a consular officer, the Secretary of
Homeland Security, or the Attorney General knows or has
reason to believe--
``(i) is or has been a member of a criminal gang; or
``(ii) has participated in the activities of a criminal
gang knowing or having reason to know that such activities
will promote, further, aid, or support the illegal activity
of the criminal gang.''.
(c) Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by
adding at the end the following:
``(G) Aliens associated with criminal gangs.--Any alien is
deportable who the Secretary of Homeland Security or the
Attorney General knows or has reason to believe--
``(i) is or has been a member of a criminal gang; or
``(ii) has participated in the activities of a criminal
gang knowing or having reason to know that such activities
will promote, further, aid, or support the illegal activity
of the criminal gang.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 219 the following:
``SEC. 220. DESIGNATION OF CRIMINAL GANGS.
``(a) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, or the Secretary of
State may designate a group or association as a criminal gang
if their conduct is described in section 101(a)(53) or if the
group or association conduct poses a significant risk that
threatens the security and the public safety of nationals of
the United States or the national security, homeland
security, foreign policy, or economy of the United States.
``(b) Effective Date.--A designation made under subsection
(a) shall remain in effect until the designation is revoked
after consultation between the Secretary of Homeland
Security, the Attorney General, and the Secretary of State or
is terminated in accordance with Federal law.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 219 the
following:
``220. Designation of criminal gangs.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
(A) by striking ``section 212(a)(3)(B)'' and inserting
``paragraph (2)(J) or (3)(B) of section 212(a)''; and
(B) by striking ``237(a)(4)(B),'' and inserting ``paragraph
(2)(G) or (4)(B) of section 237(a),''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this
Act), the Secretary of Homeland Security, after consultation
with the appropriate Federal agencies, shall submit a report
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on
the number of aliens detained under the amendments made by
paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described
in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who
is'' after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is
amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section 212(a)(2)(J)(i) or
section 237(a)(2)(G)(i) (relating to participation in
criminal gangs); or''.
(g) Temporary Protected Status.--Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``States, or'' and inserting
``States;'';
(B) in clause (ii), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time after admission has
been, a member of a criminal gang.''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the following:
``The Secretary of Homeland Security may detain an alien
provided temporary protected status under this section
whenever appropriate under any other provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section
101(a)(27)(J)(iii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(iii)) is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by inserting ``and'' at the end; and
(3) by adding at the end the following:
``(III) no alien who is, or was at any time after admission
has been, a member of a criminal gang shall be eligible for
any immigration benefit under this subparagraph;''.
(i) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to acts that occur before, on, or after the
date of the enactment of this Act.
SEC. 1102. MANDATORY EXPEDITED REMOVAL OF DANGEROUS
CRIMINALS, TERRORISTS, AND GANG MEMBERS.
(a) In General.--Notwithstanding any other provision of
law, an immigration officer who finds an alien described in
subsection (b) at a land border or port of entry of the
United States and determines that such alien is inadmissible
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) shall treat such alien in accordance with section 235
of the Immigration and Nationality Act (8 U.S.C. 1225).
(b) Threats to Public Safety.--An alien described in this
subsection is an alien who the Secretary of Homeland Security
determines, or has reason to believe--
(1) has been convicted of any offense carrying a maximum
term of imprisonment of more than 180 days;
(2) has been convicted of an offense which involved--
(A) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
(B) child abuse and neglect (as defined in section 40002(a)
of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
(C) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
(D) the violation of a protection order (as defined in
section 2266 of title 18, United States Code);
(E) driving while intoxicated (as defined in section 164 of
title 23, United States Code); or
(F) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a));
(3) has been convicted of more than 1 criminal offense
(other than minor traffic offenses);
(4) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
(5) is or was a member of a criminal street gang (as
defined in paragraph (53) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), as added
by section 1101(a)); or
(6) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the entry
was unlawful.
SEC. 1103. FUGITIVE OPERATIONS.
The Secretary of Homeland Security is authorized to hire
350 U.S. Immigration and Customs Enforcement detention
officers that comprise 50 Fugitive Operations Teams
responsible for identifying, locating, and arresting fugitive
aliens.
SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY UNITS.
Not later than 1 year after the date of the enactment of
this Act, the Secretary of Homeland Security shall increase
the number of detention beds available for aliens placed in
removal proceedings under the Immigration and Nationality Act
(8 U.S.C. 1101
[[Page S5232]]
et seq.) by not less than 5,000, including such detention
beds available for family units.
TITLE XII--BORDER SECURITY
SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRATION.
No Federal funds or resources may be used to issue a new
directive, memorandum, or Executive Order that provides for
relief from removal or work authorization to a class of
individuals who are not otherwise eligible for such relief
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) or such work authorization, including expanding
deferred action for childhood arrivals.
SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL LANDS.
(a) Definitions.--In this section:
(1) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary concerned that is
located within the Southwest border region in the State of
Arizona along the international border between the United
States and Mexico.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Support for Border Security Needs.--To achieve
effective control of Federal lands--
(1) the Secretary concerned, notwithstanding any other
provision of law, shall authorize and provide U.S. Customs
and Border Protection personnel with immediate access to
Federal lands for security activities, including--
(A) routine motorized patrols; and
(B) the deployment of communications, surveillance, and
detection equipment;
(2) the security activities described in paragraph (1)
shall be conducted, to the maximum extent practicable, in a
manner that the Secretary determines will best protect the
natural and cultural resources on Federal lands; and
(3) the Secretary concerned may provide education and
training to U.S. Customs and Border Protection personnel on
the natural and cultural resources present on individual
Federal land units.
(c) Programmatic Environmental Impact Statement.--
(1) In general.--After implementing subsection (b), the
Secretary, in consultation with the Secretaries concerned,
shall prepare and publish in the Federal Register a notice of
intent to prepare a programmatic environmental impact
statement in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the
impacts of the activities described in subsection (b).
(2) Effect on processing application and special use
permits.--The pending completion of a programmatic
environmental impact statement under this section shall not
result in any delay in the processing or approving of
applications or special use permits by the Secretaries
concerned for the activities described in subsection (b).
(3) Amendment of land use plans.--The Secretaries concerned
shall amend any land use plans, as appropriate, upon
completion of the programmatic environmental impact statement
described in paragraph (1).
(4) Scope of programmatic environmental impact statement.--
The programmatic environmental impact statement described in
paragraph (1)--
(A) may be used to advise the Secretary of Homeland
Security on the impact on natural and cultural resources on
Federal lands; and
(B) shall not control, delay, or restrict actions by the
Secretary of Homeland Security to achieve effective control
on Federal lands.
(d) Intermingled State and Private Land.--This section
shall not apply to any private or State-owned land within the
boundaries of Federal lands.
SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE
HUMANITARIAN CRISIS.
(a) State and Local Assistance.--The Administrator of the
Federal Emergency Management Agency shall enhance law
enforcement preparedness, humanitarian responses, and
operational readiness along the international border between
the United States and Mexico through Operation Stonegarden.
(b) Grants and Reimbursements.--
(1) In general.--Amounts made available to carry out this
section shall be allocated for grants and reimbursements to
State and local governments in Border Patrol Sectors on the
along the international border between the United States and
Mexico for--
(A) costs personnel, overtime, and travel;
(B) costs related to combating illegal immigration and drug
smuggling; and
(C) costs related to providing humanitarian relief to
unaccompanied alien children and family units who have
entered the United States.
(2) Funding for state and local governments.--Allocations
for grants and reimbursements to State and local governments
under this paragraph shall be made by the Administrator of
the Federal Emergency Management Agency through a competitive
process.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal years 2014 and 2015 such sums
as may be necessary to carry out this section.
SEC. 1204. PREVENTING ORGANIZED SMUGGLING.
(a) Unlawfully Hindering Immigration, Border, or Customs
Controls.--
(1) Amendment to title 18, united states code.--
(A) In general.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 556. Unlawfully hindering immigration, border, or
customs controls
``(a) Illicit Spotting.--Any person who knowingly transmits
to another person the location, movement, or activities of
any Federal, State, or tribal law enforcement agency with the
intent to further a Federal crime relating to United States
immigration, customs, importation of controlled substances,
agriculture products, or monetary instruments, or other
border controls shall be fined under this title, imprisoned
not more than 10 years, or both.
``(b) Destruction of United States Border Controls.--Any
person who knowingly and without lawful authorization
destroys, alters, or damages any fence, barrier, sensor,
camera, or other physical or electronic device deployed by
the Federal Government to control the international border of
the United States or a port of entry, or otherwise seeks to
construct, excavate, or make any structure intended to
defeat, circumvent or evade any such fence, barrier, sensor
camera, or other physical or electronic device deployed by
the Federal Government to control the international border of
the United States or a port of entry--
``(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
``(2) if, at the time of the offense, the person uses or
carries a firearm or, in furtherance of any such crime,
possesses a firearm, shall be fined under this title,
imprisoned not more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) or (b) shall be punished
in the same manner as a person who completes a violation of
such subsection.''.
(B) Clerical amendment.--The table of sections for chapter
27 of title 18, United States Code, is amended by inserting
after the item relating to section 555 the following:
``556. Unlawfully hindering immigration, border, or customs
controls.''.
(2) Prohibiting carrying or use of a firearm during and in
relation to an alien smuggling crime.--Section 924(c) of
title 18, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``crime of violence'' each place such term
appears; and
(ii) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(B) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.
(3) Statute of limitations.--Section 3298 of title 18,
United States Code, is amended by inserting ``556 (hindering
immigration, border, or customs controls), 1598 (organized
human smuggling),'' before ``1581''.
(b) Organized Human Smuggling.--
(1) Amendment to title 18, united states code.--Chapter 77
of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 1598. Organized human smuggling
``(a) Prohibited Activities.--It shall be unlawful for any
person, while acting for profit or other financial gain, to
knowingly direct or participate in an effort or scheme to
assist or cause 3 or more persons--
``(1) to enter, attempt to enter, or prepare to enter the
United States--
``(A) by fraud, falsehood, or other corrupt means;
``(B) at any place other than a port or place of entry
designated by the Secretary of Homeland Security; or
``(C) in a manner not prescribed by the immigration laws
and regulations of the United States;
``(2) to travel by air, land, or sea toward the United
States (whether directly or indirectly)--
``(A) knowing that the persons seek to enter or attempt to
enter the United States without lawful authority; and
``(B) with the intent to aid or further such entry or
attempted entry; or
``(3) to be transported or moved outside of the United
States--
``(A) knowing that such persons are aliens in unlawful
transit from 1 country to another or on the high seas; and
``(B) under circumstances in which the persons are seeking
to enter the United States without official permission or
legal authority.
``(b) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) shall be punished in the
same manner as a person who completes a violation of such
subsection.
``(c) Base Penalty.--Except as provided in subsection (d),
any person who violates subsection (a) or (b) shall be fined
under this title, imprisoned for not more than 20 years, or
both.
``(d) Enhanced Penalties.--Any person who violates
subsection (a) or (b)--
``(1) in the case of a violation causing a serious bodily
injury (as defined in section 1365) to any person, shall be
fined under this title, imprisoned for not more than 30
years, or both;
``(2) in the case of a violation causing the life of any
person to be placed in jeopardy,
[[Page S5233]]
shall be fined under this title, imprisoned for not more than
30 years, or both;
``(3) in the case of a violation involving 10 or more
persons, shall be fined under this title, imprisoned for not
more than 30 years, or both;
``(4) in the case of a violation involving the bribery or
corruption of a United States or foreign government official,
shall be fined under this title, imprisoned for not more than
30 years, or both;
``(5) in the case of a violation involving robbery or
extortion (as such terms are defined in paragraph (1) or (2),
respectively, of section 1951(b)), shall be fined under this
title, imprisoned for not more than 30 years, or both;
``(6) in the case of a violation causing any person to be
subjected to an involuntary sexual act (as defined in section
2246(2)), shall be fined under this title, imprisoned for not
more than 30 years, or both;
``(7) in the case of a violation resulting in the death of
any person, shall be fined under this title, imprisoned for
any term of years or for life, or both;
``(8) in the case of a violation in which any alien is
confined or restrained, including by the taking of clothing,
goods, or personal identification documents, shall be fined
under this title, imprisoned for not more than 10 years, or
both; or
``(9) in the case of smuggling an unaccompanied alien child
(as defined in section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2)), shall be fined under this title
or imprisoned not more than 20 years.
``(e) Definitions.--In this section:
``(1) Effort or scheme to assist or cause 3 or more
persons.--The term `effort or scheme to assist or cause 3 or
more persons' does not require that the 3 or more persons
enter, attempt to enter, prepare to enter, or travel at the
same time if such acts are completed during a 1-year period.
``(2) Lawful authority.--The term `lawful authority'--
``(A) means permission, authorization, or license that is
expressly provided for under the immigration laws of the
United States; and
``(B) does not include--
``(i) any authority described in subparagraph (A) that was
secured by fraud or otherwise unlawfully obtained; or
``(ii) any authority that was sought, but not approved.''.
(2) Clerical amendment.--The table of sections for chapter
77 of title 18, United States Code, is amended by inserting
after the item relating to section 1597 the following:
``1598. Organized human smuggling.''.
(c) Strategy to Combat Human Smuggling.--
(1) High traffic areas of human smuggling defined.--In this
subsection, the term ``high traffic areas of human
smuggling'' means the United States ports of entry and areas
between such ports that have relatively high levels of human
smuggling activity, as measured by U.S. Customs and Border
Protection.
(2) Implementation.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security shall implement a strategy to deter, detect, and
interdict human smuggling across the international land and
maritime borders of the United States.
(3) Components.--The strategy referred to in paragraph (2)
shall include--
(A) efforts to increase coordination between the border and
maritime security components of the Department of Homeland
Security;
(B) an identification of intelligence gaps impeding the
ability to deter, detect, and interdict human smuggling
across the international land and maritime borders of the
United States;
(C) efforts to increase information sharing with State and
local governments and other Federal agencies;
(D) efforts to provide, in coordination with the Federal
Law Enforcement Training Center, training for the border and
maritime security components of the Department of Homeland
Security to deter, detect, and interdict human smuggling
across the international land and maritime borders of the
United States; and
(E) the identification of the high traffic areas of human
smuggling.
(4) Report.--
(A) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report that describes the strategy to be
implemented under paragraph (2), including the components
listed in paragraph (3), to--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of
Representatives.
(B) Form.--The Secretary may submit the report required
under subparagraph (A) in classified form if the Secretary
determines that such form is appropriate.
(5) Annual list of high traffic areas.--Not later than
February 1st of the first year beginning after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit a list of the
high traffic areas of human smuggling referred to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
______
By Mr. REED (for himself, Mr. Durbin, Mr. Whitehouse, Mr. Markey,
and Mr. Leahy):
S. 2755. A bill to prevent deaths occurring from drug overdoses; to
the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, today, in an effort to decrease the rate of
drug overdose deaths, I am pleased to be joined by Senators Durbin,
Markey, Whitehouse, and Leahy in introducing the Overdose Prevention
Act. Representative Donna Edwards has introduced a similar bill in the
House.
Throughout the country, the death rate from drug overdoses has been
rapidly climbing. According to the Centers for Disease Control and
Prevention, CDC, drug overdose death rates have more than tripled since
1990, and more than 110 Americans died each day from drug overdoses in
2011. More than half of these deaths are attributable to opioids, like
prescription pain relievers or heroin. Indeed, this tragic epidemic has
hit particularly hard in my home State of Rhode Island, where already
in 2014, more than 100 individuals have died from apparent and
confirmed drug overdoses.
Americans aged 25 to 64 are now more likely to die as a result of a
drug overdose than from injuries sustained in motor vehicle traffic
crashes. While overdoses from illegal drugs persist as a major public
health problem, fatal overdoses from prescribed opioid pain medications
such as oxycodone account for more than 40 percent of all overdose
deaths.
It is clear that we must do more to stop these often preventable
deaths. Fortunately, the drug naloxone, which has no side effects and
no potential for abuse, is widely recognized as an important tool to
help prevent drug overdose deaths. Naloxone can rapidly reverse an
overdose from heroin and opioid medications if provided in a timely
manner. Overdose prevention programs, including those that utilize
naloxone, have been credited with saving more than 10,000 lives since
1996, according to the CDC.
Opioid abuse and overdose is not an abstract threat found in far-off
corners. It is a national public health crisis and it's taking place
right here at home in our communities and our neighborhoods.
Rhode Island is taking steps to combat this scourge and is leading
the way in adopting innovative solutions. Through a ``collaborative
practice agreement,'' some Rhode Island pharmacies are dispensing
naloxone, along with training about its proper use, to anyone who walks
in and requests the treatment, no prescription necessary. In addition,
the Rhode Island State Police now carry naloxone in every cruiser.
However, there's more work to be done at the federal level.
The Overdose Prevention Act, which I am introducing today, would
complement Rhode Island's efforts and take important steps towards
addressing this issue and increasing access to naloxone in our
communities. The legislation aims to establish a comprehensive national
response to this epidemic that emphasizes collaboration between State
and Federal officials and employs best practices from the medical
community, as well as programs and treatments that have been proven
effective to combat this startling national trend. This is an emergency
and it requires a coordinated and comprehensive response.
Specifically, the bill would authorize the U.S. Department of Health
and Human Services, HHS, to award funding through cooperative
agreements to eligible entities--like public health agencies or
community-based organizations with expertise in preventing overdose
deaths. As a condition of participation, an entity would use the grant
to purchase and distribute naloxone, and carry out overdose prevention
activities, such as educating and training prescribers, pharmacists,
and first responders on how to recognize the signs of an overdose, seek
emergency medical help, and administer naloxone and other first aid.
As rates of overdose deaths continue to spike, public health
agencies, law enforcement, and others are struggling to keep up without
accurate and timely information about the epidemic. Therefore, the
Overdose Prevention Act would also require HHS to take
[[Page S5234]]
steps to improve surveillance and research of drug overdose deaths, so
that public health agencies, law enforcement, and community
organizations have an accurate picture of the problem.
It would also establish a coordinated federal plan of action to
address this epidemic. The Overdose Prevention Act brings together
first responders, medical personnel, addiction treatment specialists,
social service providers, and families to help save lives and get at
the root of this problem.
I am pleased that the Overdose Prevention Act has the support of the
American Association of Poison Control Centers, the Drug Policy
Alliance, the Harm Reduction Coalition, and the Trust for America's
Health. I look forward to working with these and other stakeholders, as
well as Representative Edwards and the rest of our colleagues in
passing this crucial legislation. Many of these overdose deaths are
preventable, and it is time for Congress to act to give communities the
help they need to stop this epidemic.
______
By Mr. BOOKER:
S. 2761. A bill to amend title 23, United States Code, to permit the
consolidation of metropolitan planning organizations, and for other
purposes; to the Committee on Environment and Public Works.
Mr. BOOKER. Mr. President, I rise to talk about our Nation's
infrastructure and how Congress needs a long-term transportation bill
that empowers local and regional planning authorities.
Infrastructure drives our economy. New Jersey alone has more than
38,000 miles of public roads, and nearly 1,000 miles of rail freight
lines, connecting every corner of my State to consumers and networks
throughout the region.
This means jobs. It means quality of life. It means investment in our
communities and moving us forward.
Currently, just 8 percent of our Federal highway dollars are
controlled by regional and local interests.
In order to increase the role of local communities in our
transportation policy decisions, I introduced today The Local
Empowerment Act, which would reward high-performing Metropolitan
Planning Organizations, MPO's, with additional, directly-allocated
funds.
MPO's that coordinate well with other MPOs in the region, consider
performance goals as part of their planning, have equitable approaches
to decision making, and demonstrate high technical capacity would be
rewarded with additional resources to support their local priorities.
Consider the fact that \3/4\ of GDP is generated from within metro
areas, 65 percent of the population resides in metro areas, and 95
percent of all public transportation passenger miles traveled take
place in metro areas.
As the mayor of Newark, NJ, I learned through first-hand experience
how important it is that the federal government partner with local
communities to make substantial, long-term investments in our
transportation infrastructure.
Federal transportation policy must provide local and regional
stakeholders with resources and decision-making power, and take into
account how local communities are being impacted by congestion, air
pollution and our broader investment decisions.
At all levels of government, there is a dire need for additional,
creative policy options that will rind more projects, create more jobs,
and rehabilitate and rebuild our crumbling infrastructure.
I would like to highlight the leadership of Anthony Foxx, Secretary
of Transportation, for proposing a program along the lines of this
legislation.
Secretary Foxx, like me a former mayor, understands how important it
is that Federal programs empower local entities and I urge my
colleagues to join in supporting this legislation.
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