[Congressional Record Volume 160, Number 122 (Thursday, July 31, 2014)]
[Senate]
[Pages S5224-S5233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______