[Congressional Record Volume 164, Number 28 (Tuesday, February 13, 2018)]
[Senate]
[Pages S917-S924]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1955. Mr. COONS (for himself and Mr. McCain) submitted an
amendment intended to be proposed by him to the bill H.R. 2579, to
amend the Internal Revenue Code of 1986 to allow the premium tax credit
with respect to unsubsidized COBRA continuation coverage; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE _--UNITING AND SECURING AMERICA
SEC. _01. SHORT TITLES.
This title may be cited as the ``Uniting and Securing
America Act of 2018'' or as the ``USA Act of 2018''.
Subtitle A--Adjustment of Status for Certain Individuals Who Entered
the United States as Children
SEC. _11. DEFINITIONS.
In this subtitle:
(1) In general.--Except as otherwise specifically provided,
any term used in this subtitle that is used in the
immigration laws shall have the meaning given such term in
the immigration laws.
(2) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by the Secretary of Homeland
Security through a memorandum issued on June 15, 2012.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(4) Early childhood education program.--The term ``early
childhood education program'' has the meaning given such term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(5) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``high school'', and ``secondary
school'' have the meanings given such terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(6) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(7) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the meaning
given such term in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher education
outside of the United States.
(8) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis''
means status as an alien lawfully admitted for permanent
residence on a conditional basis under this subtitle.
(9) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(10) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(11) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. _12. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS
FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any
other provision of law, and except as provided in section
_14(c)(2), an alien shall be considered, at the time of
obtaining the status of an alien lawfully admitted for
permanent residence under this section, to have obtained such
status on a conditional basis subject to the provisions under
this subtitle.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, or without such conditional
basis as provided in section _14(c)(2), an alien who is
inadmissible or deportable from the United States or is in
temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a) if--
(A) the alien has been continuously physically present in
the United States since December 31, 2013;
(B) the alien was younger than 18 years of age on the date
on which the alien initially entered the United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
(6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion; and
(iii) other than an offense under State or local law for
which an essential element was the alien's immigration
status, a minor traffic offense, or a violation of this
subtitle, has not been convicted of--
(I) any offense under Federal or State law punishable by a
maximum term of imprisonment of more than 1 year;
(II) any combination of offenses under Federal or State
law, for which the alien was sentenced to imprisonment for a
total of more than 1 year; or
(III) a crime of domestic violence (as such term is defined
in section 237(a)(2)(E)(i) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)(E)(i))), unless the alien--
(aa) has filed an application under section 101(a)(15)(T),
101(a)(15)(U), 106, or 240A(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T), 1101(a)(15)(U),
1105a, and 1229b(b)(2)) or section 244(a)(3) of such Act (as
in effect on March 31, 1997);
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(bb) is a VAWA self-petitioner (as defined in section
101(a)(51) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(51));
(cc) provides evidence that the alien's crime of domestic
violence is related to her or his having been a victim
herself or himself of domestic violence, sexual assault,
stalking, child abuse or neglect, elder abuse or neglect,
human trafficking, having been battered or subjected to
extreme cruelty, having been a victim of criminal activity
described in section 101(a)(15)(U)(iii) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)); or
(dd) is a witness involved in a pending criminal or
government agency investigation or prosecution related to the
crime of domestic violence; and
(D) the alien--
(i) has been admitted to an institution of higher
education;
(ii) has earned a high school diploma or a commensurate
alternative award from a public or private high school, or
has obtained a general education development certificate
recognized under State law or a high school equivalency
diploma in the United States; or
(iii) is enrolled in secondary school or in an education
program assisting students in--
(I) obtaining a regular high school diploma or its
recognized equivalent under State law; or
(II) in passing a general educational development exam, a
high school equivalence diploma examination, or other similar
State-authorized exam.
(2) Waiver.--With respect to any benefit under this
subtitle, the Secretary may waive subclauses (I), (II), and
(III) of subsection (b)(1)(C)(iii) and the grounds of
inadmissibility under paragraph (2), (6)(E), (6)(G), or
(10)(D) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) for humanitarian purposes, family
unity, or if the waiver is otherwise in the public interest.
(3) Treatment of expunged convictions.--For purposes of
cancellation of removal, adjustment to permanent resident
status on a conditional basis, or other adjustment of status,
the term ``conviction'' does not include an adjudication or
judgment of guilt that has been dismissed, expunged,
deferred, annulled, invalidated, withheld, sealed, vacated,
pardoned, an order of probation without entry of judgment, or
any similar rehabilitative disposition.
(4) DACA recipients.--The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary shall require an alien
applying for permanent resident status on a conditional basis
under this section to pay a reasonable fee that is
commensurate with the cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, accumulated $10,000 or more in debt as a result of
unreimbursed medical expenses incurred by the alien or an
immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(6) Submission of biometric and biographic data.--The
Secretary may not grant an alien permanent resident status on
a conditional basis under this section unless the alien
submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall
provide an alternative procedure for aliens who are unable to
provide such biometric or biographic data because of a
physical impairment.
(7) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien seeking permanent resident status on a
conditional basis under this section; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such status.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary grants
such alien permanent resident status on a conditional basis
under this section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent resident
status on a conditional basis under this section shall
undergo a medical examination.
(B) Policies and procedures.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of the examination required under subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under
the Military Selective Service Act (50 U.S.C. 3801 et seq.),
if the alien is subject to registration under such Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section shall not terminate when the alien
is served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), an alien shall be considered to have failed to
maintain continuous physical presence in the United States
under subsection (b)(1)(A) if the alien has departed from the
United States for any period exceeding 90 days or for any
periods, in the aggregate, exceeding 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien who demonstrates that the
failure to timely return to the United States was due to
extenuating circumstances beyond the alien's control,
including the serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child
of the alien.
(C) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under subparagraph
(A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for
relief under this section.
(2) Aliens subject to removal.--The Secretary shall provide
an alien with a reasonable opportunity to apply for relief
under this section if the alien--
(A) requests such an opportunity or appears prima facie
eligible for relief under this section; and
(B) is in removal proceedings, is the subject of a final
removal order, or is the subject of a voluntary departure
order.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall stay the
removal proceedings of an alien who--
(i) meets all of the requirements under subparagraphs (A),
(B), and (C) of subsection (b)(1), subject to paragraphs (2)
and (3) of subsection (b);
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school, a secondary
school, or an early childhood education program.
(B) Commencement of removal proceedings.--The Secretary may
not commence removal proceedings for an alien described in
subparagraph (A).
(C) Employment.--An alien whose removal is stayed pursuant
to subparagraph (A) or who may not be placed in removal
proceedings pursuant to subparagraph (B) shall, upon
application to the Secretary, be granted an employment
authorization document.
(D) Lift of stay.--The Secretary or the Attorney General
may not lift the stay granted to an alien under subparagraph
(A) unless the alien ceases to meet the requirements under
such subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
granted permanent resident status, on a conditional basis or
otherwise, under this subtitle.
SEC. _13. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL
BASIS.
(a) Period of Status.--Permanent resident status on a
conditional basis is--
(1) valid for a period of 8 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains
permanent resident status on a conditional basis, the
Secretary shall provide notice to the alien regarding the
provisions of this subtitle and the requirements to have the
conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien
only if the Secretary--
(1) determines that the alien ceases to meet the
requirements under section _12(b)(1)(C), subject to
paragraphs (2) and (3) of section _12(b); and
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(2) before the termination, provides the alien with--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide evidence that
the alien meets such requirements or otherwise contest the
termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an
alien whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis or applying for such status, as
appropriate.
(2) Special rule for temporary protected status.--An alien
whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
and who had temporary protected status under section 244 of
the Immigration and Nationality Act (8 U.S.C. 1254a)
immediately before receiving or applying for such permanent
resident status on a conditional basis, as appropriate, may
not return to such temporary protected status if--
(A) the relevant designation under section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been
terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a conditional
basis renders the alien ineligible for such temporary
protected status.
SEC. _14. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this subtitle and grant the
alien status as an alien lawfully admitted for permanent
residence if the alien--
(A) is described in section _12(b)(1)(C), subject to
paragraphs (2) and (3) of section _12(b);
(B) has not abandoned the alien's residence in the United
States; and
(C)(i) has acquired a degree from an institution of higher
education or has completed at least 2 years, in good
standing, in a postsecondary vocational program or in a
program for a bachelor's degree or higher degree in the
United States;
(ii) has served in the Uniformed Services for at least the
period for which the alien was obligated to serve on active
duty and, if discharged, received an honorable discharge; or
(iii) has been employed for periods totaling at least 3
years and at least 80 percent of the time that the alien has
had a valid employment authorization, except that any period
during which the alien is not employed while having a valid
employment authorization and is enrolled in an institution of
higher education, a secondary school, or an education program
described in section _12(b)(1)(D)(iii), shall not count
toward the time requirements under this clause.
(2) Hardship exception.--The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs (A) and
(B) of paragraph (1);
(B) demonstrates compelling circumstances for the inability
to satisfy the requirements under paragraph (1)(C); and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver of a minor child;
or
(iii) the removal of the alien from the United States would
result in extreme hardship to the alien or the alien's
spouse, parent, or child who is a national of the United
States or is lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph (B),
the conditional basis of an alien's permanent resident status
granted under this subtitle may not be removed unless the
alien demonstrates that the alien satisfies the requirements
under section 312(a) of the Immigration and Nationality Act
(8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to an
alien who is unable to meet the requirements under such
section 312(a) due to disability.
(4) Application fee.--
(A) In general.--The Secretary shall require aliens
applying for lawful permanent resident status under this
section to pay a reasonable fee that is commensurate with the
cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, the alien accumulated $10,000 or more in debt as a
result of unreimbursed medical expenses incurred by the alien
or an immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for applicants who are unable to
provide such biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien applying for removal of the conditional
basis of the alien's permanent resident status; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for removal of such conditional basis.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary removes
the conditional basis of the alien's permanent resident
status.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional
basis shall be considered to have been admitted to the United
States, and be present in the United States, as an alien
lawfully admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
(c) Timing of Approval of Lawful Permanent Residence
Status.--
(1) In general.--An alien granted lawful permanent
residence on a conditional basis under this subtitle may
apply to have such conditional basis removed at any time
after such alien has met the eligibility requirements set
forth in subsection (a).
(2) Approval with regard to initial applications.--The
Secretary shall provide lawful permanent residence status
without conditional basis to any alien who demonstrates
eligibility for lawful permanent residence status on a
conditional basis under section _12, if such alien has
already fulfilled the requirements of subsection (a) at the
time such alien first submits an application for benefits
under this subtitle.
SEC. _15. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's
application for permanent resident status on a conditional
basis may include, as proof of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the
Department of Defense;
(5) any immigration or other document issued by the United
States Government bearing the alien's name and photograph; or
(6) a State-issued identification card bearing the alien's
name and photograph.
(b) Documents Establishing Continuous Physical Presence in
the United States.--To establish that an alien has been
continuously physically present in the United States, as
required under section _12(b)(1)(A), or to establish that an
alien has not abandoned residence in the United States, as
required under section _14(a)(1)(B), the alien may submit
documents to the Secretary, including--
(1) employment records that include the employer's name and
contact information;
(2) records from any educational institution the alien has
attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the
United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
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(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address;
(13) copies of money order receipts for money sent in or
out of the United States;
(14) dated bank transactions; or
(15) 2 or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States,
that contain--
(A) the name, address, and telephone number of the affiant;
and
(B) the nature and duration of the relationship between the
affiant and the alien.
(c) Documents Establishing Initial Entry Into the United
States.--To establish under section _12(b)(1)(B) that an
alien was younger than 18 years of age on the date on which
the alien initially entered the United States, an alien may
submit documents to the Secretary, including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has
attended in the United States;
(3) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;
(4) hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien's name
or the name of an immediate family member of the alien, and
the alien's address;
(6) employment records that include the employer's name and
contact information;
(7) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(8) a birth certificate for a child who was born in the
United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the
country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) Documents Establishing Admission to an Institution of
Higher Education.--To establish that an alien has been
admitted to an institution of higher education, the alien
shall submit to the Secretary a document from the institution
of higher education certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(e) Documents Establishing Receipt of a Degree From an
Institution of Higher Education.--To establish that an alien
has acquired a degree from an institution of higher education
in the United States, the alien shall submit to the Secretary
a diploma or other document from the institution stating that
the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma,
General Educational Development Certificate, or a Recognized
Equivalent.--To establish that an alien has earned a high
school diploma or a commensurate alternative award from a
public or private high school, or has obtained a general
educational development certificate recognized under State
law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law; or
(3) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
(g) Documents Establishing Enrollment in an Educational
Program.--To establish that an alien is enrolled in any
school or education program described in section
_12(b)(1)(D)(iii), _12(d)(3)(A)(iii), or _14(a)(1)(C), the
alien shall submit school records from the United States
school that the alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(h) Documents Establishing Exemption From Application
Fees.--To establish that an alien is exempt from an
application fee under section _12(b)(5)(B) or _14(a)(4)(B),
the alien shall submit to the Secretary the following
relevant documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection (a), that establishes
that the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien shall provide--
(A) employment records that have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals who are
not related to the alien and who have direct knowledge of the
alien's work and income that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.--To
establish that the alien was in foster care, lacks parental
or familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn
affidavits from individuals who are not related to the alien
and who have direct knowledge of the circumstances that
contain--
(A) a statement that the alien is in foster care, otherwise
lacks any parental or other familiar support, is homeless, or
has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the affiant;
and
(C) the nature and duration of the relationship between the
affiant and the alien.
(4) Documents to establish unpaid medical expense.--To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving treatment;
and
(C) document that the alien has accumulated $10,000 or more
in debt in the past 12 months as a result of unreimbursed
medical expenses incurred by the alien or an immediate family
member of the alien.
(i) Documents Establishing Qualification for Hardship
Exemption.--To establish that an alien satisfies 1 of the
criteria for the hardship exemption set forth in section
_14(a)(2)(A)(iii), the alien shall submit to the Secretary at
least 2 sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the
circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(j) Documents Establishing Service in the Uniformed
Services.--To establish that an alien has served in the
Uniformed Services for at least the period for which the
alien was obligated to serve on active duty and, if
discharged, received an honorable discharge, the alien shall
submit to the Secretary--
(1) a Department of Defense Form DD-214;
(2) a National Guard Report of Separation and Record of
Service Form NGB-22;
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment
requirement under section _14(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such employment requirement;
and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the alien's
work, that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien; and
(F) remittance records.
(l) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal
Register and an opportunity for public comment, that any
document or class of documents does not reliably establish
identity or that permanent resident status on a conditional
basis is being obtained fraudulently to an unacceptable
degree, the Secretary may prohibit or restrict the use of
such document or class of documents.
SEC. _16. RULEMAKING.
(a) Initial Publication.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
publish regulations implementing this subtitle in the Federal
Register. Such regulations shall allow eligible individuals
to immediately apply affirmatively for the relief available
under section _12 without being placed in removal
proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations published
pursuant to subsection (a) shall be effective, on an interim
basis, immediately upon publication in the Federal Register,
but may be subject to change and revision after public notice
and opportunity for a period of public comment.
[[Page S921]]
(c) Final Regulations.--Not later than 180 days after the
date on which interim regulations are published under this
section, the Secretary shall publish final regulations
implementing this subtitle.
(d) Paperwork Reduction Act.--The requirements under
chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''), shall not apply to any
action to implement this subtitle.
SEC. _17. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use
information provided in applications filed under this
subtitle or in requests for DACA for the purpose of
immigration enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any
individual who has been granted permanent resident status on
a conditional basis under this subtitle or who was granted
DACA to U.S. Immigration and Customs Enforcement, U.S.
Customs and Border Protection, or any designee of either such
entity.
(c) Limited Exception.--Notwithstanding subsections (a) and
(b), information provided in an application for permanent
resident status on a conditional basis or a request for DACA
may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
SEC. _18. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
546).
Subtitle B--Secure Miles With All Resources and Technology
SEC. _21. DEFINITIONS.
In this subtitle:
(1) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(3) Situational awareness.--The term ``situational
awareness'' has the meaning given the term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328).
(4) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.
CHAPTER 1--INFRASTRUCTURE AND EQUIPMENT
SEC. _22. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY
TECHNOLOGY ALONG THE SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208;
8 U.S.C. 1103 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and border technology'' before ``in the
vicinity of''; and
(B) by striking ``illegal crossings in areas of high
illegal entry into the United Sates'' and inserting ``,
impede, and detect illegal activity in high traffic areas'';
(2) in subsection (c)(1), by inserting ``and, pursuant to
subsection (d), the installation, operation, and maintenance
of technology'' after ``barriers and roads''; and
(3) by adding at the end the following:
``(d) Installation, Operation, and Maintenance of
Technology.--Not later than January 20, 2021, the Secretary
of Homeland Security, in carrying out subsection (a), shall
deploy the most practical and effective technology available
along the United States border for achieving situational
awareness and operational control of the border.
``(e) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means sectors along the northern, southern, or coastal border
that--
``(A) are within the responsibility of U.S. Customs and
Border Protection; and
``(B) have significant unlawful cross-border activity.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(3) Situational awareness defined.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328).
``(4) Technology.--The term `technology' includes border
surveillance and detection technology, including--
``(A) radar surveillance systems;
``(B) Vehicle and Dismount Exploitation Radars (VADER);
``(C) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology;
``(D) sensors;
``(E) unmanned cameras;
``(F) man-portable and mobile vehicle-mounted unmanned
aerial vehicles; and
``(G) any other devices, tools, or systems found to be more
effective or advanced than those specified in subparagraphs
(A) through (F).''.
SEC. _23. COMPREHENSIVE SOUTHERN BORDER STRATEGY.
(a) Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a
comprehensive southern border strategy to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives.
(b) Contents.--The strategy submitted under subsection (a)
shall include--
(1) a list of known physical barriers, levees,
technologies, tools, and other devices that can be used to
achieve and maintain situational awareness and operational
control along the southern border;
(2) a projected per mile cost estimate for each physical
barrier, levee, technology, tool, and other device included
on the list required under paragraph (1);
(3) a detailed account of which type of physical barrier,
levee, technology, tool, or other device the Secretary
believes is necessary to achieve and maintain situational
awareness and operational control for each linear mile of the
southern border;
(4) an explanation for why such physical barrier, levee,
technology, tool, or other device was chosen to achieve and
maintain situational awareness and operational control for
each linear mile of the southern border, including--
(A) the methodology used to determine which type of
physical barrier, levee, technology, tool, or other device
was chosen for such linear mile;
(B) an examination of existing manmade and natural barriers
for each linear mile of the southern border;
(C) the information collected and evaluated from--
(i) the appropriate U.S. Customs and Border Protection
Sector Chief;
(ii) the Joint Task Force Commander;
(iii) the appropriate State Governor;
(iv) tribal government officials;
(v) border county and city elected officials;
(vi) local law enforcement officials;
(vii) private property owners;
(viii) local community groups, including human rights
organizations; and
(ix) other affected stakeholders; and
(D) a privacy evaluation conducted by the Privacy Officer
of the Department of Homeland Security, in accordance with
the responsibilities and authorities under section 222 of the
Homeland Security Act of 2002 (6 U.S.C. 142), for each such
physical barrier, levee, technology, tool, or other device;
(5) a per mile cost calculation for each linear mile of the
southern border given the type of physical barrier, levee,
technology, tool, or other device chosen to achieve and
maintain situational awareness and operational control for
each linear mile; and
(6) a cost justification for each time a more expensive
physical barrier, levee, technology, tool, or other device is
chosen over a less expensive option, as established by the
per mile cost estimates required in paragraph (2).
SEC. _24. CONTROL OR ERADICATION OF CARRIZO CANE AND SALT
CEDAR.
Not later than January 20, 2019, the Secretary, after
coordinating with the heads of relevant Federal, State, and
local agencies, shall begin controlling or eradicating, as
appropriate, the carrizo cane plant and any salt cedar along
the Rio Grande River and the Lower Colorado River.
SEC. _25. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary shall ensure
that not fewer than 95,000 annual flight hours are executed
by Air and Marine Operations of U.S. Customs and Border
Protection, with adequate accountability and oversight,
including strong privacy protections.
(b) Unmanned Aerial System.--The Secretary shall ensure
that Air and Marine Operations operate unmanned aerial
systems for not less than 24 hours per day for not fewer than
5 days per week.
(c) Study and Report.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall commence a
comprehensive study--
(A) to identify deficiencies and opportunities for
improvement in the capability of Air and Marine Operations to
fulfill air and marine support requirements for the U.S.
Border Patrol and other components of the Department of
Homeland Security, including support in critical source and
transit zones;
(B) to assess whether such requirements could better be
fulfilled through the realignment of Air and Marine
Operations as a directorate of the U.S. Border Patrol; and
(C) to identify deficiencies and opportunities for
improvement in the capabilities of the U.S. Border Patrol and
other departmental components to develop rigorous estimates
of such requirements.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the
[[Page S922]]
Secretary shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives that contains the results of the study
required under paragraph (1), including recommendations and
time frames for implementing the recommendations contained in
such study.
SEC. _26. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Secretary may construct new ports of
entry along the northern border and the southern border and
determine the location of any such new ports of entry.
(2) Consultation.--
(A) Requirement to consult.--The Secretary shall consult
with the Secretary of the Interior, the Secretary of
Agriculture, the Administrator of General Services, and
appropriate representatives of State and local governments,
tribal governments, community groups, and property owners in
the United States before selecting a location for any new
port constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the consultations
required under subparagraph (A) shall be to minimize any
negative impacts of any proposed new port on the environment,
culture, commerce, and quality of life of the communities and
residents located near such new port.
(b) Expansion and Modernization of High-Volume Southern
Border Ports of Entry.--Not later than September 30, 2018,
the Secretary shall submit a plan to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives for expanding
the primary and secondary inspection lanes for vehicle,
cargo, and pedestrian inbound and outbound inspection lanes
at the top 10 high-volume ports of entry on the southern
border, as determined by the Secretary.
(c) Estimates of Inspection Processing Goals and Wait-Time
Standards.--The plan required under subsection (b) shall be
based on estimates by the Secretary of the number of such
inspection lanes required to meet inspection processing goals
and wait-time standards established by the Secretary.
(d) Port of Entry Prioritization.--The Secretary shall
complete the expansion and modernization of ports of entry
pursuant to subsection (b), to the extent practicable, before
constructing any new ports of entry pursuant to subsection
(a).
CHAPTER 2--GRANTS
SEC. _27. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the
Department a program, which shall be known as `Operation
Stonegarden', under which the Secretary, acting through the
Administrator, shall make grants to eligible law enforcement
agencies, through the State administrative agency, to enhance
border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a
grant under this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border; and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a sector
or field office.
``(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) any cost or activity permitted for Operation
Stonegarden under the Department of Homeland Security's
Fiscal Year 2017 Homeland Security Grant Program Notice of
Funding Opportunity; and
``(3) any other appropriate border security activity, as
determined by the Administrator, in consultation with the
Commissioner of U.S. Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award
grants under this section to grant recipients for a period of
not less than 3 years.
``(e) Report.--The Administrator shall submit an annual
report, for each of the fiscal years 2018 through 2022, to
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives that contains information on the
expenditure of grants made under this section by each grant
recipient.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated $110,000,000 for each of the fiscal years
2018 through 2022 for grants under this section.''.
(b) Conforming Amendment.--Section 2002(a) of the Homeland
Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004,
and 2009 to State, local, and tribal governments, as
appropriate.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2008 the
following:
``Sec. 2009. Operation Stonegarden.''.
SEC. _28. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS
GRANT.
(a) In General.--The Secretary, in consultation with the
Governors of the States that are adjacent to the southern
border, shall establish a 2-year grant program to improve
emergency communications in the southern border region.
(b) Eligibility for Grants.--An individual is eligible for
a grant under this section if the individual--
(1) regularly resides or works in a State that is adjacent
to the southern border; and
(2) is at greater risk of border violence due to a lack of
cellular and LTE network service at the individual's
residence or business and the individual's proximity to the
southern border.
(c) Use of Grants.--Grants awarded under this section may
be used to purchase satellite telephone communications
systems and services that--
(1) can provide access to 9-1-1 service; and
(2) are equipped with receivers for the Global Positioning
System.
Subtitle C--Reducing Significant Delays in Immigration Court
SEC. _31. ELIMINATE IMMIGRATION COURT BACKLOGS.
(a) Annual Increases in Immigration Judges.--The Attorney
General of the United States shall increase the total number
of immigration judges to adjudicate pending cases and
efficiently process future cases by not fewer than--
(1) 55 judges during fiscal year 2018;
(2) an additional 55 judges during fiscal year 2019; and
(3) an additional 55 judges during fiscal year 2020.
(b) Qualifications of Immigration Judges.--The Attorney
General shall ensure that all newly hired immigration
judges--
(1) are highly qualified and trained to conduct fair,
impartial hearings consistent with due process; and
(2) represent a diverse pool of individuals that includes a
balance of individuals with nongovernmental, private bar, or
academic experience in addition to government experience.
(c) Necessary Support Staff for Immigration Judges.--To
address the shortage of support staff for immigration judges,
the Attorney General shall ensure that each immigration judge
has sufficient support staff, adequate technological and
security resources, and appropriate courtroom facilities.
(d) Annual Increases in Board of Immigration Appeals
Personnel.--The Attorney General shall increase the number of
Board of Immigration Appeals staff attorneys (including
necessary additional support staff) to efficiently process
cases by at least--
(1) 23 attorneys during fiscal year 2018;
(2) an additional 23 attorneys during fiscal year 2019; and
(3) an additional 23 attorneys during fiscal year 2020.
(e) GAO Report.--The Comptroller General of the United
States shall--
(1) conduct a study of the hurdles to efficient hiring of
immigration court judges within the Department of Justice;
and
(2) propose solutions to Congress for improving the
efficiency of the hiring process.
SEC. _32. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND
MEMBERS OF THE BOARD OF IMMIGRATION APPEALS.
(a) In General.--To ensure efficient and fair proceedings,
the Director of the Executive Office for Immigration Review
shall facilitate robust training programs for immigration
judges and members of the Board of Immigration Appeals.
(b) Mandatory Training.--Training facilitated under
subsection (a) shall include--
(1) an expansion of the training program for new
immigration judges and Board members;
(2) continuing education regarding current developments in
immigration law through regularly available training
resources and an annual conference;
(3) methods to ensure that immigration judges are trained
on properly crafting and dictating decisions and standards of
review, including improved on-bench reference materials and
decision templates;
(4) specialized training to handle cases involving other
vulnerable populations including survivors of domestic
violence, sexual assault, or trafficking and individuals with
mental disabilities in partnership with the National Council
of Juvenile and Family Court Judges; and
(5) specialized training in child interviewing, child
psychology, and child trauma in partnership with the National
Council of Juvenile and Family Court Judges for Immigration
Judges.
SEC. _33. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.
The Director of the Executive Office for Immigration Review
shall modernize its case management and related electronic
systems, including allowing for electronic filing, to improve
efficiency in the processing of immigration proceedings.
Subtitle D--Advancing Reforms in Central America to Address the Factors
Driving Migration
SEC. _41. DEFINITIONS.
In this subtitle:
[[Page S923]]
(1) Northern triangle.--The term ``Northern Triangle''
means the countries of El Salvador, Guatemala, and Honduras.
(2) Plan.--The term ``Plan'' means the Plan of the Alliance
for Prosperity in the Northern Triangle, developed by the
Governments of El Salvador, Guatemala, and Honduras, with the
technical assistance of the Inter-American Development Bank,
and representing a comprehensive approach to address the
complex situation in the Northern Triangle.
CHAPTER 1--EFFECTIVELY COORDINATING UNITED STATES ENGAGEMENT IN CENTRAL
AMERICA
SEC. _42. UNITED STATES COORDINATOR FOR ENGAGEMENT IN CENTRAL
AMERICA.
(a) Designation.--Not later than 30 days after the date of
the enactment of this Act, the President shall designate a
senior official (referred to in this section as the
``Coordinator'')--
(1) to coordinate the efforts of the Federal Government
under this subtitle; and
(2) to coordinate the efforts of international partners--
(A) to strengthen citizen security, the rule of law, and
economic prosperity in Central America; and
(B) to protect vulnerable populations in the region.
(b) Supervision.--The Coordinator shall report directly to
the President.
(c) Duties.--The Coordinator shall coordinate the efforts,
activities, and programs related to United States engagement
in Central America under this subtitle, including--
(1) coordinating with the Department of State, the
Department of Justice (including the Federal Bureau of
Investigation), the Department of Homeland Security, the
intelligence community, and international partners regarding
United States efforts to confront armed criminal gangs,
illicit trafficking networks, and organized crime responsible
for high levels of violence, extortion, and corruption in
Central America;
(2) coordinating with the Department of State, the United
States Agency for International Development, and
international partners regarding United States efforts to
prevent and mitigate the effects of violent criminal gangs
and transnational criminal organizations on vulnerable
Central American populations, including women and children;
(3) coordinating with the Department of State, the
Department of Homeland Security, and international partners
regarding United States efforts to counter human smugglers
illegally transporting Central American migrants to the
United States;
(4) coordinating with the Department of State, the
Department of Homeland Security, the United States Agency for
International Development, and international partners,
including the United Nations High Commissioner for Refugees,
to increase protections for vulnerable Central American
populations, improve refugee processing, and strengthen
asylum systems throughout the region;
(5) coordinating with the Department of State, the
Department of Defense, the Department of Justice (including
the Drug Enforcement Administration), the Department of the
Treasury, the intelligence community, and international
partners regarding United States efforts to combat illicit
narcotics traffickers, interdict transshipments of illicit
narcotics, and disrupt the financing of the illicit narcotics
trade;
(6) coordinating with the Department of State, the
Department of the Treasury, the Department of Justice, the
intelligence community, the United States Agency for
International Development, and international partners
regarding United States efforts to combat corruption, money
laundering, and illicit financial networks;
(7) coordinating with the Department of State, the
Department of Justice, the United States Agency for
International Development, and international partners
regarding United States efforts to strengthen the rule of
law, democratic governance, and human rights protections; and
(8) coordinating with the Department of State, the
Department of Agriculture, the United States Agency for
International Development, the Overseas Private Investment
Corporation, the United States Trade and Development Agency,
the Department of Labor, and international partners,
including the Inter-American Development Bank, to strengthen
the foundation for inclusive economic growth and improve food
security, investment climate, and protections for labor
rights.
(d) Consultation.--The Coordinator shall consult with
Congress, multilateral organizations and institutions,
foreign governments, and domestic and international civil
society organizations in carrying out this section.
CHAPTER 2--TARGETING ASSISTANCE TO APPROPRIATE COMMUNITIES IN THE
NORTHERN TRIANGLE
SEC. _43. TARGETING ASSISTANCE TO APPROPRIATE COMMUNITIES.
Not later than 1 year after the date of the enactment of
this Act and annually thereafter for each of the 5 succeeding
years, the Comptroller General of the United States shall
submit a report to the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives that contains--
(1) raw data on the number of children migrating to the
United States from each community or geographic area in the
Northern Triangle;
(2) an assessment of whether United States foreign
assistance to the Northern Triangle is effectively reaching
the communities and geographic areas from which children are
migrating; and
(3) an assessment of the extent to which the Department of
State and the United States Agency for International
Development are adjusting programming in the Northern
Triangle as migration patterns shift.
CHAPTER 3--REGIONAL MILLENNIUM CHALLENGE CORPORATION COMPACTS
SEC. _44. MILLENNIUM CHALLENGE CORPORATION COMPACTS.
(a) Concurrent Compacts.--Section 609 of the Millennium
Challenge Act of 2003 (22 U.S.C. 7708) is amended--
(1) in subsection (a), by adding at the end the following:
``The Board may enter into a Compact with more than 1
eligible country in a region if the Board determines that a
regional development strategy would further regional
development objectives.'';
(2) in subsection (k)--
(A) by striking the first sentence; and
(B) by striking ``the existing'' and inserting ``an
existing''; and
(3) by adding at the end the following:
``(l) Concurrent Compacts.--In accordance with the
requirements under this Act, an eligible country and the
United States may enter into and have in effect more than 1
Compact at any given time, including a concurrent Compact for
purposes of regional economic integration or cross-border
collaborations, only if the Board determines that such
country is making considerable and demonstrable progress in
implementing the terms of the existing Compact and any
supplementary agreements to such Compact.''.
(b) Conforming Amendments.--The Millennium Challenge Act of
2003 (22 U.S.C. 7701 et seq.; title VI of Public Law 108-199)
is amended--
(1) in section 609(b) (22 U.S.C. 7708(b))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``the national development strategy of the eligible country''
and inserting ``the national or regional development strategy
of the country or countries''; and
(ii) in subparagraphs (A), (B), (E), and (J), by inserting
``or countries'' after ``country'' each place such term
appears; and
(B) in paragraph (3)--
(i) by inserting ``or regional development strategy'' after
``national development strategy''; and
(ii) by inserting ``or governments of the countries in the
case of regional investments'' after ``government of the
country''; and
(2) in section 613(b)(2)(A) (22 U.S.C. 7712(b)(2)(A)) by
striking ``the Compact'' and inserting ``any Compact''.
CHAPTER 4--UNITED STATES LEADERSHIP FOR ENGAGING INTERNATIONAL DONORS
AND PARTNERS
SEC. _45. REQUIREMENT FOR STRATEGY TO SECURE SUPPORT OF
INTERNATIONAL DONORS AND PARTNERS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit a 3-year strategy to the appropriate congressional
committees that--
(1) describes how the United States will secure support
from international donors and regional partners (including
Colombia and Mexico) for the implementation of the Plan;
(2) identifies governments that are willing to provide
financial and technical assistance for the implementation of
the Plan and a description of such assistance; and
(3) identifies the financial and technical assistance to be
provided by multilateral institutions, including the Inter-
American Development Bank, the World Bank, the International
Monetary Fund, the Andean Development Corporation-Development
Bank of Latin America, and the Organization of American
States, and a description of such assistance.
(b) Diplomatic Engagement and Coordination.--The Secretary
of State, in coordination with the Secretary of the Treasury,
as appropriate, shall--
(1) carry out diplomatic engagement to secure contributions
of financial and technical assistance from international
donors and partners in support of the Plan; and
(2) take all necessary steps to ensure effective
cooperation among international donors and partners
supporting the Plan.
(c) Report.--Not later than 1 year after submitting the
strategy required under subsection (a), the Secretary of
State shall submit a report to the appropriate congressional
committees that describes--
(1) the progress made in implementing the strategy; and
(2) the financial and technical assistance provided by
international donors and partners, including the multilateral
institutions specified in subsection (a)(3).
(d) Briefings.--Upon a request from any of the appropriate
congressional committees, the Secretary of State shall
provide a briefing to such committee that describes the
progress made in implementing the strategy required under
subsection (a).
(e) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
[[Page S924]]
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
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