[Congressional Record Volume 164, Number 30 (Thursday, February 15, 2018)]
[Senate]
[Pages S1170-S1189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2018. Mr. CORNYN 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:

     SEC. __. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON 
                   CRIMINAL OR SECURITY GROUNDS.

       (a) In General.--Section 238 of the Immigration and 
     Nationality Act (8 U.S.C. 1228) is amended--
       (1) in the section heading, by adding at the end the 
     following: ``or who are subject to terrorism-related grounds 
     for removal'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security, in the Secretary's sole and 
     unreviewable discretion,''; and
       (ii) by striking ``set forth in this subsection or'' and 
     inserting ``set forth in this subsection, in lieu of removal 
     proceedings under'';
       (B) in paragraphs (3) and (4), by striking ``Attorney 
     General'' each place that term appears and inserting 
     ``Secretary'';
       (C) in paragraph (5)--
       (i) by striking ``described in this section'' and inserting 
     ``described in paragraph (1) or (2)''; and

[[Page S1171]]

       (ii) by striking ``the Attorney General may grant in the 
     Attorney General's discretion.'' and inserting ``the 
     Secretary or the Attorney General may grant, in the sole and 
     unreviewable discretion of the Secretary or the Attorney 
     General, in any proceeding.'';
       (D) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (E) by inserting after paragraph (2) the following:
       ``(3) The Secretary of Homeland Security, in the exercise 
     of discretion, may determine inadmissibility under section 
     212(a)(2) and issue an order of removal pursuant to the 
     procedures set forth in this subsection, in lieu of removal 
     proceedings under section 240, with respect to an alien who--
       ``(A) has not been admitted or paroled;
       ``(B) has not been found to have a credible fear of 
     persecution pursuant to the procedures set forth in 
     235(b)(1)(B); and
       ``(C) is not eligible for a waiver of inadmissibility or 
     relief from removal.'';
       (3) by redesignating the first subsection (c) as subsection 
     (d);
       (4) by redesignating the second subsection (c), as so 
     designated by section 617(b)(13) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-208; 110 Stat. 3009-720)), as subsection 
     (e); and
       (5) by inserting after subsection (b) the following:
       ``(c) Removal of Aliens Who Are Subject to Terrorism-
     related Grounds for Removal.--
       ``(1) In general.--The Secretary of Homeland Security--
       ``(A) notwithstanding section 240, shall--
       ``(i) determine the inadmissibility of every alien under 
     subclause (I), (II), or (III) of section 212(a)(3)(B)(i), or 
     the deportability of the alien under section 237(a)(4)(B) as 
     a consequence of being described in 1 of such subclauses; and
       ``(ii) issue an order of removal pursuant to the procedures 
     set forth in this subsection to every alien determined to be 
     inadmissible or deportable on a ground described in clause 
     (i); and
       ``(B) may--
       ``(i) determine the inadmissibility of any alien under 
     subparagraph (A) or (B) of section 212(a)(3) (other than 
     subclauses (I), (II), and (III) of section 212(a)(3)(B)(i)), 
     or the deportability of the alien under subparagraph (A) or 
     (B) of section 237(a)(4) (as a consequence of being described 
     in subclause (I), (II), or (III) of section 212(a)(3)(B)(i)); 
     and
       ``(ii) issue an order of removal pursuant to the procedures 
     set forth in this subsection to every alien determined to be 
     inadmissible or deportable on a ground described in clause 
     (i).
       ``(2) Limitation.--The Secretary may not execute any order 
     described in paragraph (1) until 30 days after the date on 
     which such order was issued, unless waived by the alien, to 
     give the alien an opportunity to petition for judicial review 
     under section 242.
       ``(3) Proceedings.--The Secretary shall prescribe 
     regulations to govern proceedings under this subsection, 
     which shall require that--
       ``(A) the alien is given reasonable notice of the charges 
     and of the opportunity described in subparagraph (C);
       ``(B) the alien has the privilege of being represented (at 
     no expense to the Government) by such counsel, authorized to 
     practice in such proceedings, as the alien shall choose;
       ``(C) the alien has a reasonable opportunity to inspect the 
     evidence and rebut the charges;
       ``(D) a determination is made on the record that the 
     individual upon whom the notice for the proceeding under this 
     section is served (either in person or by mail) is, in fact, 
     the alien named in such notice;
       ``(E) a record is maintained for judicial review; and
       ``(F) the final order of removal is not adjudicated by the 
     same person who issues the charges.
       ``(4) Limitation on relief from removal.--No alien 
     described in this subsection shall be eligible for any relief 
     from removal that the Secretary may grant in the Secretary's 
     discretion.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 238 and 
     inserting the following:

``Sec. 238. Expedited removal of aliens convicted of aggravated 
              felonies or who are subject to terrorism-related grounds 
              for removal.''.
       (c) Effective Date and Application.--The amendments made by 
     this section shall take effect on the date of the enactment 
     of this Act, but shall not apply to aliens who are in removal 
     proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) on such date of enactment.

     SEC. __. BARRING AGGRAVATED FELONS, BORDER CHECKPOINT 
                   RUNNERS, AND SEX OFFENDERS FROM ADMISSION TO 
                   THE UNITED STATES.

       (a) Inadmissibility on Criminal and Related Grounds; 
     Waivers.--Section 212 of the Immigration and Nationality Act 
     (8 U.S.C. 1182) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (I), by striking ``, or'' at the end and 
     inserting a semicolon;
       (ii) in subclause (II), by striking the comma at the end 
     and inserting ``; or''; and
       (iii) by inserting after subclause (II) the following:

       ``(III) a violation of (or a conspiracy or attempt to 
     violate) any statute relating to section 208 of the Social 
     Security Act (42 U.S.C. 408) (relating to social security 
     account numbers or social security cards) or section 1028 of 
     title 18, United States Code (relating to fraud and related 
     activity in connection with identification documents, 
     authentication features, and information)''; and

       (B) by adding at the end the following:
       ``(J) Citizenship fraud.--Any alien convicted of, or who 
     admits having committed, or who admits committing acts which 
     constitute the essential elements of, a violation of, or an 
     attempt or a conspiracy to violate, subsection (a) or (b) of 
     section 1425 of title 18, United States Code (relating to the 
     procurement of citizenship or naturalization unlawfully), is 
     inadmissible.
       ``(K) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, admits having committed, 
     or admits committing acts which constitute the essential 
     elements of, any law relating to, purchasing, selling, 
     offering for sale, exchanging, using, owning, possessing, or 
     carrying, or of attempting or conspiring to purchase, sell, 
     offer for sale, exchange, use, own, possess, or carry, any 
     weapon, part, or accessory which is a firearm or destructive 
     device (as defined in section 921(a) of title 18, United 
     States Code) in violation of any law, is inadmissible. For 
     purposes of this subparagraph the term `any law' includes 
     State laws that do not contain an exception for antique 
     firearms. If the State law does not contain an exception for 
     antique firearms, the Secretary or the Attorney General may 
     consider documentary evidence related to the conviction, 
     including, but not limited to, charging documents, plea 
     agreements, plea colloquies, jury instructions, and police 
     reports, to establish that the offense involved at least 1 
     firearm that is not an antique firearm.
       ``(L) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(M) High speed flight.--Any alien who has been convicted 
     of a violation of section 758 of title 18, United States Code 
     (relating to high speed flight from an immigration 
     checkpoint) is inadmissible.
       ``(N) Failure to register as a sex offender.--Any alien 
     convicted under section 2250 of title 18, United States Code, 
     is inadmissible.
       ``(O) Crimes of domestic violence, stalking, or violation 
     of protection orders; crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Except 
     as provided in subsection (v), any alien who at any time is 
     or has been convicted of a crime involving the use or 
     attempted use of physical force, or threatened use of a 
     deadly weapon, a crime of domestic violence, a crime of 
     stalking, or a crime of child abuse, child neglect, or child 
     abandonment is inadmissible. For purposes of this clause, the 
     term `crime of domestic violence' has the meaning given the 
     term in section 237(a)(2)(E)(i).
       ``(ii) Violators of protection orders.--Except as provided 
     in subsection (v), any alien who at any time is or has been 
     enjoined under a protection order issued by a court and whom 
     the court determines has engaged in conduct that violates the 
     portion of a protection order that involves protection 
     against credible threats of violence, repeated harassment, or 
     bodily injury to the person or persons for whom the 
     protection order was issued is inadmissible. For purposes of 
     this clause, the term `protection order' has the meaning 
     given the term in section 237(a)(2)(E)(ii).'';
       (2) in subsection (h)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by redesignating clauses (i), 
     (ii), and (iii) as subclauses (I), (II), and (III), 
     respectively;
       (ii) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively;
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (C) in the matter preceding subparagraph (A), as 
     redesignated--
       (i) by inserting ``(1)'' before ``The Attorney General''; 
     and
       (ii) by striking ``, and (E)'', and inserting ``(E), and 
     (K)'';
       (D) in the matter following subparagraph (B), as 
     redesignated--
       (i) by striking the first 2 sentences and inserting the 
     following:
       ``(2) A waiver may not be provided under this subsection to 
     an alien--
       ``(A) who has been convicted of (or who has admitted 
     committing acts that constitute)--
       ``(i) murder or criminal acts of torture; or
       ``(ii) an attempt or conspiracy to commit murder or a 
     criminal act involving torture;
       ``(B) who has been convicted of an aggravated felony; or
       ``(C) who has been lawfully admitted for permanent 
     residence and who since the date of such admission has not 
     lawfully resided continuously in the United States for at 
     least 7 years immediately preceding the date on which 
     proceedings were initiated to remove the alien from the 
     United States.''; and
       (ii) by striking ``No court'' and inserting the following:
       ``(3) No court'';
       (3) by redesignating subsection (t), as added by section 
     1(b)(2)(B) of Public Law 108-449, as subsection (u); and
       (4) by adding at the end the following:
       ``(v) Waiver for Victims of Domestic Violence.--

[[Page S1172]]

       ``(1) In general.--The Secretary or the Attorney General is 
     not limited by the criminal court record and may waive the 
     application of subsection (a)(2)(O)(i) (with respect to 
     crimes of domestic violence and crimes of stalking) and 
     subsection (a)(2)(O)(ii), in the case of an alien who has 
     been battered or subjected to extreme cruelty and who is not 
     and was not the primary perpetrator of violence in the 
     relationship, upon a determination that--
       ``(A) the alien was acting in self-defense;
       ``(B) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(C) the alien committed or was convicted of committing a 
     crime--
       ``(i) that did not result in serious bodily injury; and
       ``(ii) where there was a connection between the crime and 
     the alien's having been battered or subjected to extreme 
     cruelty.
       ``(2) Credible evidence considered.--In acting on 
     applications for a waiver under this subsection, the 
     Secretary or the Attorney General shall consider any credible 
     evidence relevant to the application. The determination of 
     what evidence is credible and the weight to be given that 
     evidence shall be within the sole discretion of the Secretary 
     or the Attorney General.''.
       (b) Deportability; Criminal Offenses.--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) Identification fraud.--Any alien who is convicted of 
     a violation of (or a conspiracy or attempt to violate) an 
     offense relating to section 208 of the Social Security Act 
     (42 U.S.C. 408) (relating to social security account numbers 
     or social security cards) or section 1028 of title 18, United 
     States Code (relating to fraud and related activity in 
     connection with identification) is deportable.''.
       (c) Deportability; Criminal Offenses.--Section 237(a)(3)(B) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(3)(B)) is amended--
       (1) in clause (i), by striking the comma at the end and 
     inserting a semicolon;
       (2) in clause (ii), by striking ``, or'' at the end and 
     inserting a semicolon;
       (3) in clause (iii), by striking the comma at the end and 
     inserting ``; or''; and
       (4) by inserting after clause (iii) the following:
       ``(iv) of a violation of, or an attempt or a conspiracy to 
     violate, subsection (a) or (b) of section 1425 of title 18, 
     United States Code (relating to the unlawful procurement of 
     citizenship or naturalization),''.
       (d) Applicability.--The amendments made by this section 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act;
       (2) all aliens who are required to establish admissibility 
     on or after such date of enactment; and
       (3) all removal, deportation, or exclusion proceedings that 
     are filed, pending, or reopened, on or after such date of 
     enactment.
       (e) Rule of Construction.--The amendments made by this 
     section may not be construed to create eligibility for relief 
     from removal under section 212(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(c)), as in effect on the day 
     before the date of the enactment of this Act, if such 
     eligibility did not exist before such date of enactment.
                                 ______
                                 
  SA 2019. Mrs. GILLIBRAND (for herself and Mr. Udall) submitted an 
amendment intended to be proposed by her 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:

     SEC. __. DEPARTMENT OF HOMELAND SECURITY ENFORCEMENT 
                   TRANSPARENCY.

       (a) Short Title.--This section may be cited as the 
     ``Department of Homeland Security Enforcement Transparency 
     Act''.
       (b) Definitions.--In this section:
       (1) Border security.--The term ``border security'' means 
     the prevention of unlawful entries into the United States, 
     including entries by terrorists, other unlawful aliens, 
     instruments of terrorism, narcotics, and other contraband.
       (2) Checkpoint.--The term ``checkpoint'' means a location--
       (A) at which vehicles or individuals traveling through the 
     location are stopped or boarded by an officer of U.S. Customs 
     and Border Protection for the purposes of enforcement of 
     United States laws and regulations and making border security 
     stops; and
       (B) that is not located at a port of entry along an 
     international border of the United States.
       (3) Law enforcement official.--The term ``law enforcement 
     official'' means--
       (A) an officer or agent of U.S. Customs and Border 
     Protection;
       (B) an officer or agent of U.S. Immigration and Customs 
     Enforcement; or
       (C) an officer or employee of a State or a political 
     subdivision of a State who is carrying out the functions of 
     an immigration officer pursuant to an agreement entered into 
     under section 287(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1357(g)), pursuant to authorization under title IV 
     of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.), or 
     pursuant to any other agreement with the Department of 
     Homeland Security.
       (4) Patrol stop.--The term ``patrol stop'' means seizure or 
     interrogation of a motorist, passenger, or pedestrian 
     initiated anywhere, except as part of an inspection at a port 
     of entry or a primary inspection at a checkpoint.
       (5) Primary inspection.--The term ``primary inspection'' 
     means an initial inspection of a vehicle or individual at a 
     checkpoint.
       (6) Secondary inspection.--The term ``secondary 
     inspection'' means a further inspection of a vehicle or 
     individual that is conducted following a primary inspection.
       (c) Requirement for Data Collection Regarding Stops and 
     Searches Intended to Enforce Border Security.--A law 
     enforcement official who initiates a patrol stop or who 
     detains any individual beyond a brief and limited inquiry, 
     such as a primary inspection at a checkpoint, shall record--
       (1) the date, time, and location of the contact;
       (2) the law enforcement official's basis for, or 
     circumstances surrounding, the action, including if such 
     individual's perceived race or ethnicity contributed to such 
     basis;
       (3) the identifying characteristics of such individual, 
     including the individual's perceived race, gender, ethnicity, 
     and approximate age;
       (4) the duration of the stop, detention, or search, whether 
     consent was requested and obtained for detention and any 
     search;
       (5) a description of any articulable facts and behavior by 
     the individual that justify initiating a stop or probable 
     cause to justify any search pursuant to such contact;
       (6) a description of any items seized during such search, 
     including contraband or money, and a specification of the 
     type of search conducted;
       (7) any warning or citation that was issued as a result of 
     such contact and the basis for such warning or citation;
       (8) if an arrest or detention was made as a result of such 
     contact, the justification for such arrest or detention;
       (9) the immigration status of the individual and whether 
     removal proceedings were subsequently initiated against the 
     individual;
       (10) if force was used by the law enforcement official and 
     if force was used, the type of force and justification for 
     using force;
       (11) any complaint made by the individual and any follow-up 
     made regarding the complaint;
       (12) the badge number of law enforcement official involved 
     in the complaint; and
       (13) if the action was initiated by a State or local law 
     enforcement agency--
       (A) the reason for involvement of a Federal law enforcement 
     official;
       (B) the duration of the stop prior to contact with any 
     Federal law enforcement official;
       (C) the method by which a Federal law enforcement official 
     was informed of the stop; and
       (D) if the individual was being held by State or local 
     officials on State criminal charges at the time of such 
     contact.
       (d) Requirement for U.S. Customs and Border Protection Data 
     Collection Regarding Checkpoints.--The Commissioner of U.S. 
     Customs and Border Protection shall collect data on--
       (1) the number of permanent and temporary checkpoints 
     utilized by officers of U.S. Customs and Border Protection;
       (2) the location of each such checkpoint; and
       (3) a description of each such checkpoint, including the 
     presence of any other law enforcement agencies and the use of 
     law enforcement resources such as canines.
       (e) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, after consultation with stakeholders, including 
     research, civil and human rights organizations, shall issue 
     regulations for the collection and reporting of data required 
     under subsections (c) and (d) that--
       (1) specify all data to be reported; and
       (2) provide standards, definitions, and technical 
     specifications to ensure uniform reporting.
       (f) Compilation of Data.--
       (1) Department of homeland security law enforcement 
     officials.--The Secretary of Homeland Security shall 
     compile--
       (A) the data recorded under subsection (c) by officers of 
     U.S. Immigration and Customs Enforcement and by officers of 
     U.S. Customs and Border Protection;
       (B) the data collected under subsection (d) by the 
     Commissioner of U.S. Customs and Border Protection; and
       (C) an analysis of all incidents investigated by the Office 
     of Inspector General or the Office of Professional 
     Responsibility of U.S. Customs and Border Protection or of 
     U.S. Immigration and Customs Enforcement to determine--
       (i) whether the data required to be collected under this 
     section were properly recorded; and
       (ii) if such date were not properly recorded, what 
     corrective measures were or will be taken.
       (2) Other law enforcement officials.--The head of each 
     agency, department, or other entity that employs law 
     enforcement officials other than officers referred to in 
     paragraph (1) shall--
       (A) compile the data recorded by such law enforcement 
     officials pursuant to subsection (c); and

[[Page S1173]]

       (B) submit the compiled data to the Secretary of Homeland 
     Security.
       (g) Use of Data.--The Secretary of Homeland Security shall 
     consider the data compiled under subsection (f) in making 
     policy and program decisions related to enforcement of border 
     security.
       (h) Annual Report.--
       (1) Requirement.--Not later than 1 year after the effective 
     date of the regulations issued pursuant to subsection (e), 
     and annually thereafter, the Secretary of Homeland Security 
     shall submit a report to Congress that summarizes all of the 
     data compiled under subsection (f) during the previous year.
       (2) Availability.--Each report submitted under paragraph 
     (1) shall be made available to the public, except for 
     particular data if the Secretary--
       (A) explicitly invokes an exemption under paragraphs (1) 
     through (9) of section 552(b) of title 5, United States Code; 
     and
       (B) provides a written explanation for the exemption's 
     applicability.
       (3) Protection of privacy.--The Secretary of Homeland 
     Security may not disclose unique personal identifying 
     information of persons stopped, searched, or subjected to a 
     property seizure that was recorded or collected under this 
     section. The report submitted under paragraph (1) shall be 
     available to the public to the extent the release of the date 
     contained in the report is permissible under Federal law.
                                 ______
                                 
  SA 2020. Mr. MORAN 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:

     SEC. __. IMMIGRANT ENTREPRENEURS.

       (a) Qualified Alien Entrepreneurs.--
       (1) Admission as immigrants.--Chapter 1 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 210A. QUALIFIED ALIEN ENTREPRENEURS.

       ``(a) Admission as Immigrants.--The Secretary of Homeland 
     Security, in accordance with the provisions of this section 
     and of section 216A, may issue a conditional immigrant visa 
     to not more than 75,000 qualified alien entrepreneurs.
       ``(b) Application for Conditional Permanent Resident 
     Status.--Every alien applying for a conditional immigrant 
     visa under this section shall submit an application to the 
     Secretary of Homeland Security in such form and manner as the 
     Secretary shall prescribe by regulation.
       ``(c) Revocation.--If, during the 4-year period beginning 
     on the date on which an alien is granted a visa under this 
     section, the Secretary of Homeland Security determines that 
     such alien is no longer a qualified alien entrepreneur, the 
     Secretary shall--
       ``(1) revoke such visa; and
       ``(2) notify the alien that the alien--
       ``(A) may voluntarily depart from the United States in 
     accordance to section 240B; or
       ``(B) will be subject to removal proceedings under section 
     240 if the alien does not depart from the United States not 
     later than 6 months after receiving notification under this 
     paragraph.
       ``(d) Removal of Conditional Basis.--The Secretary of 
     Homeland Security shall remove the conditional basis of the 
     status of an alien issued an immigrant visa under this 
     section on that date that is 4 years after the date on which 
     such visa was issued if such visa was not revoked pursuant to 
     subsection (c).
       ``(e) Definitions.--In this section:
       ``(1) Full-time employee.--The term `full-time employee' 
     means a United States citizen or legal permanent resident who 
     is paid by the new business entity registered by a qualified 
     alien entrepreneur at a rate that is comparable to the median 
     income of employees in the region.
       ``(2) Qualified alien entrepreneur.--The term `qualified 
     alien entrepreneur' means an alien who--
       ``(A) at the time the alien applies for an immigrant visa 
     under this section--
       ``(i) is lawfully present in the United States; and
       ``(ii)(I) holds a nonimmigrant visa pursuant to section 
     101(a)(15)(H)(i)(b); or
       ``(II) holds a nonimmigrant visa pursuant to section 
     101(a)(15)(F)(i);
       ``(B) during the 1-year period beginning on the date the 
     alien is granted a visa under this section--
       ``(i) registers at least 1 new business entity in a State;
       ``(ii) employs, at such business entity in the United 
     States, at least 2 full-time employees who are not relatives 
     of the alien; and
       ``(iii) invests, or raises capital investment of, not less 
     than $100,000 in such business entity; and
       ``(C) during the 3-year period beginning on the last day of 
     the 1-year period described in paragraph (2), employs, at 
     such business entity in the United States, an average of at 
     least 5 full-time employees who are not relatives of the 
     alien.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act (8 U.S.C. 1101 
     et seq.) is amended by adding after the item relating to 
     section 210 the following:

``Sec. 210A. Qualified alien entrepreneurs.''.

       (b) Conditional Permanent Resident Status.--Section 216A of 
     the Immigration and Nationality Act (8 U.S.C. 1186b) is 
     amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subsection (b)(1)(C), by striking ``203(b)(5),'' and 
     inserting ``203(b)(5) or 210A, as appropriate,'';
       (3) in subsection (c)(1), by striking ``alien entrepreneur 
     must'' each place such term appears and inserting ``alien 
     entrepreneur shall'';
       (4) in subsection (d)(1)(B), by striking the period at the 
     end and inserting ``or 210A, as appropriate.''; and
       (5) in subsection (f)(1), by striking the period at the end 
     and inserting ``or 210A.''.
       (c) Government Accountability Office Study.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit a report to Congress regarding the 
     qualified alien entrepreneurs granted immigrant status under 
     section 210A of the Immigration and Nationality Act, as added 
     by subsection (a).
       (2) Contents.--The report described in paragraph (1) shall 
     include information regarding--
       (A) the number of qualified alien entrepreneurs who have 
     received immigrant status under section 210A of the 
     Immigration and Nationality Act, as added by subsection (a), 
     listed by country of origin;
       (B) the localities in which such qualified alien 
     entrepreneurs have initially settled;
       (C) whether such qualified alien entrepreneurs generally 
     remain in the localities in which they initially settle;
       (D) the types of commercial enterprises that such qualified 
     alien entrepreneurs have established; and
       (E) the types and number of jobs created by such qualified 
     alien entrepreneurs.
                                 ______
                                 
  SA 2021. Mr. MORAN 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:

     SEC. __. CONDITIONAL PERMANENT RESIDENT STATUS FOR IMMIGRANTS 
                   WITH AN ADVANCED DEGREE IN A STEM FIELD.

       (a) 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 216A the following:

     ``SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIENS 
                   WITH AN ADVANCED DEGREE IN A STEM FIELD.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security may adjust the 
     status of not more than 50,000 aliens who have earned a 
     master's degree or a doctorate degree at an institution of 
     higher education in a STEM field to that of an alien 
     conditionally admitted for permanent residence and authorize 
     each alien granted such adjustment of status to remain in the 
     United States--
       ``(1) for up to 1 year after the expiration of the alien's 
     student visa under section 101(a)(15)(F)(i) if the alien is 
     diligently searching for an opportunity to become actively 
     engaged in a STEM field; and
       ``(2) indefinitely if the alien remains actively engaged in 
     a STEM field.
       ``(b) Application for Conditional Permanent Resident 
     Status.--Every alien applying for a conditional permanent 
     resident status under this section shall submit an 
     application to the Secretary of Homeland Security before the 
     expiration of the alien's student visa in such form and 
     manner as the Secretary shall prescribe by regulation.
       ``(c) Ineligibility for Federal Government Assistance.--An 
     alien granted conditional permanent resident status under 
     this section shall not be eligible, while in such status, 
     for--
       ``(1) any unemployment compensation (as defined in section 
     85(b) of the Internal Revenue Code of 1986); or
       ``(2) any Federal means-tested public benefit (as that term 
     is used in section 403 of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
       ``(d) Effect on Naturalization Residency Requirement.--An 
     alien granted conditional permanent resident status under 
     this section shall be deemed to have been lawfully admitted 
     for permanent residence for purposes of meeting the 5-year 
     residency requirement under section 316(a)(1).
       ``(e) Removal of Condition.--The Secretary of Homeland 
     Security shall remove the conditional basis of an alien's 
     conditional permanent resident status under this section on 
     the date that is 5 years after the date such status was 
     granted if the alien maintained his or her eligibility for 
     such status during the entire 5-year period.
       ``(f) Definitions.--In this section:
       ``(1) Actively engaged in a stem field.--The term `actively 
     engaged in a STEM field'--
       ``(A) means--
       ``(i) gainfully employed in a for-profit business or 
     nonprofit organization in the United States in a STEM field;

[[Page S1174]]

       ``(ii) teaching 1 or more STEM field courses at an 
     institution of higher education; or
       ``(iii) employed by a Federal, State, or local government 
     entity; and
       ``(B) includes any period of up to 6 months during which 
     the alien does not meet the requirement under subparagraph 
     (A) if such period was immediately preceded by a 1-year 
     period during which the alien met the requirement under 
     subparagraph (A).
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(3) STEM field.--The term `STEM field' means any field of 
     study or occupation included on the most recent STEM-
     Designated Degree Program List published in the Federal 
     Register by the Department of Homeland Security (as described 
     in section 214.2(f)(11)(i)(C)(2) of title 8, Code of Federal 
     Regulations).''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 216A 
     the following:

``Sec. 216B. Conditional permanent resident status for aliens with an 
              advanced degree in a STEM field.''.
       (c) Government Accountability Office Study.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit a report to Congress regarding the 
     alien college graduates granted immigrant status under 
     section 216B of the Immigration and Nationality Act, as added 
     by subsection (a).
       (2) Contents.--The report required under paragraph (1) 
     shall include, with respect to the aliens described in such 
     paragraph--
       (A) the number who have earned a master's degree, broken 
     down by the number of such degrees in science, technology, 
     engineering, and mathematics;
       (B) the number who have earned a doctorate degree, broken 
     down by the number of such degrees in science, technology, 
     engineering, and mathematics;
       (C) the number who have founded a business in the United 
     States in a STEM field;
       (D) the number who are employed in the United States in a 
     STEM field, broken down by employment sector (for profit, 
     nonprofit, or government); and
       (E) the number who are employed by an institution of higher 
     education.
       (3) Definitions.--The terms ``institution of higher 
     education'' and ``STEM field'' have the meaning given such 
     terms in section 216B(f) of the Immigration and Nationality 
     Act, as added by subsection (a).
                                 ______
                                 
  SA 2022. Mr. MORAN 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:

     SEC. __. MODIFICATION OF PER COUNTRY NUMERICAL LIMITATION FOR 
                   EMPLOYMENT-BASED VISAS.

       (a) In General.--Section 202(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
       (1) in the paragraph heading, by striking ``and employment-
     based'';
       (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
     and (4),'';
       (3) by striking ``subsections (a) and (b) of section 203'' 
     and inserting ``section 203(a)'';
       (4) by striking ``7'' and inserting ``15''; and
       (5) by striking ``such subsections'' and inserting ``such 
     section''.
       (b) Conforming Amendments.--Section 202 of the Immigration 
     and Nationality Act (8 U.S.C. 1152) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``both subsections (a) 
     and (b) of section 203'' and inserting ``section 203(a)''; 
     and
       (B) by striking paragraph (5); and
       (2) by amending subsection (e) to read as follows:
       ``(e) Special Rules for Countries at Ceiling.--If the total 
     number of immigrant visas made available under section 203(a) 
     to natives of any single foreign state or dependent area will 
     exceed the numerical limitation specified in subsection 
     (a)(2) in any fiscal year, in determining the allotment of 
     immigrant visa numbers to natives under section 203(a), visa 
     numbers with respect to natives of that state or area shall 
     be allocated (to the extent practicable and otherwise 
     consistent with this section and section 203) in a manner so 
     that, except as provided in subsection (a)(4), the proportion 
     of the visa numbers made available under each of paragraphs 
     (1) through (4) of section 203(a) is equal to the ratio of 
     the total number of visas made available under the respective 
     paragraph to the total number of visas made available under 
     section 203(a).''.
       (c) Country-Specific Offset.--Section 2 of the Chinese 
     Student Protection Act of 1992 (8 U.S.C. 1255 note) is 
     amended--
       (1) in subsection (a), by striking ``subsection (e))'' and 
     inserting ``subsection (d))''; and
       (2) by striking subsection (d) and redesignating subsection 
     (e) as subsection (d).
       (d) Effective Date.--The amendments made by this section 
     shall take effect on September 30, 2018, and shall apply to 
     fiscal years beginning with fiscal year 2019.
       (e) Transition Rules for Employment-based Immigrants.--
       (1) In general.--Subject to of this subsection and 
     notwithstanding title II of the Immigration and Nationality 
     Act (8 U.S.C. 1151 et seq.), the following rules shall apply:
       (A) For fiscal year 2019, 15 percent of the immigrant visas 
     made available under each of paragraphs (2) and (3) of 
     section 203(b) of such Act (8 U.S.C. 1153(b)) shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the 2 states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2017 under such paragraphs.
       (B) For fiscal year 2020, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the 2 states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2018 under such paragraphs.
       (C) For fiscal year 2021, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the 2 states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2019 under such paragraphs.
       (2) Per-country levels.--
       (A) Reserved visas.--With respect to the visas reserved 
     under each of subparagraphs (A) through (C) of paragraph (1), 
     the number of such visas made available to natives of any 
     single foreign state or dependent area in the appropriate 
     fiscal year may not exceed 25 percent (in the case of a 
     single foreign state) or 2 percent (in the case of a 
     dependent area) of the total number of such visas.
       (B) Unreserved visas.--With respect to the immigrant visas 
     made available under each of paragraphs (2) and (3) of 
     section 203(b) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)) and not reserved under paragraph (1), for 
     each of fiscal years 2019, 2020, and 2021, not more than 85 
     percent shall be allotted to immigrants who are natives of 
     any single foreign state.
       (3) Special rule to prevent unused visas.--If, with respect 
     to fiscal year 2019, 2020, or 2021, the operation of 
     paragraphs (1) and (2) would prevent the total number of 
     immigrant visas made available under paragraph (2) or (3) of 
     section 203(b) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)) from being issued, such visas may be issued 
     during the remainder of such fiscal year without regard to 
     such paragraphs (1) and (2).
       (4) Rules for chargeability.--Section 202(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1152(b)) shall 
     apply in determining the foreign state to which an alien is 
     chargeable for purposes of this subsection.
                                 ______
                                 
  SA 2023. Ms. CORTEZ MASTO (for herself, Mr. Wyden, Mr. Markey, Mr. 
Carper, Ms. Hirono, Mrs. Murray, Mr. Blumenthal, Mr. Booker, Mrs. 
Gillibrand, and Ms. Warren) submitted an amendment intended to be 
proposed by her 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:

     SEC. __. RESCISSION OF EXECUTIVE ORDER 13768.

       The provisions of Executive Order 13768 (82 Fed. Reg. 8799; 
     January 25, 2017), entitled ``Enhancing Public Safety in the 
     Interior of the United States'', are rescinded and shall not 
     have any legal effect.
                                 ______
                                 
  SA 2024. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her 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:

     SEC. ___. CONFIDENTIALITY OF INFORMATION SUBMITTED FOR 
                   TEMPORARY PROTECTED STATUS PROGRAM.

       (a) Definitions.--In this section:
       (1) TPS program.--The term ``TPS Program'' means temporary 
     protected status under section 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1254a).
       (2) Individual application information.--The term 
     ``individual application information'' means any information, 
     including personally identifiable information, submitted to 
     the Secretary as part of a request for consideration or 
     reconsideration for the TPS Program.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Protection of Confidentiality of Information.--The 
     Secretary shall protect individual application information 
     from disclosure to U.S. Immigration and Customs Enforcement 
     or U.S. Customs and Border Protection for any purpose other 
     than implementing the TPS Program.

[[Page S1175]]

       (c) Referrals Prohibited.--The Secretary may not refer any 
     individual who previously held Temporary Protected Status 
     under the TPS Program to U.S. Immigration and Customs 
     Enforcement, U.S. Customs and Border Protection, the 
     Department of Justice, or any other law enforcement agency.
       (d) Limited Exception.--Individual application information 
     may be shared with national security and law enforcement 
     agencies--
       (1) to identify or prevent fraudulent claims;
       (2) for particularized national security purposes relating 
     to an individual application; or
       (3) for the investigation or prosecution of any felony not 
     related to immigration status.
                                 ______
                                 
  SA 2025. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her 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:

     SEC. __. ENFORCEMENT AGAINST DACA RECIPIENTS PROHIBITED.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary of Homeland Security (referred to in this section 
     as the ``Secretary'') shall not return, remove, or detain an 
     alien who meets the requirements for deferred action status 
     described in the memorandum of the Secretary of Homeland 
     Security entitled ``Exercising Prosecutorial Discretion with 
     Respect to Individuals Who Came to the United States as 
     Children'' and dated June 15, 2012, or the requirements for 
     such status described in the memorandum of the Secretary 
     entitled ``Exercising Prosecutorial Discretion with Respect 
     to Inidividuals Who Came to the United States as Children and 
     with Respect to Certain Individuals Who Are the Parents of 
     U.S. Citizens or Permanent Residents'' and dated November 20, 
     2014 (referred to in this section as ``DACA status''), 
     including an alien whose DACA status has expired.
       (b) Exception.--The Secretary may carry out return, 
     removal, or detention activity with respect to an alien 
     described in subsection (a)--
       (1) for a particularized national security purpose relating 
     to the alien; or
       (2) if the alien has been convicted of a felony (except an 
     offense relating to the immigration status of the alien).
       (c) Employment Authorization.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall not decline to adjudicate, delay adjudication 
     of, or deny employment authorization to an alien described in 
     subsection (a).
       (2) Exception.--Paragraph (1) shall not apply to an alien 
     described in subsection (b).
                                 ______
                                 
  SA 2026. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her 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:

     SEC. __. SENSE OF CONGRESS ON AVAILABILITY OF PUBLIC 
                   RESOURCES TO UNITED STATES CITIZEN CHILDREN 
                   BORN TO IMMIGRANT PARENTS.

       (a) Findings.--Congress makes the following findings:
       (1) 88 percent of children with immigrant parents were born 
     in the United States and are United States citizens.
       (2) Children with at least one immigrant parent account for 
     26 percent of all children in the United States.
       (3) 9,100,000 children with immigrant parents live in low-
     income families.
       (4) Federally funded programs, including Head Start and the 
     Children's Health Insurance Program, are critical in 
     delivering quality health care and comprehensive early 
     childhood education, health, and nutrition to children from 
     low-income families.
       (5) State and local governments have made their own 
     determinations with respect to what State and local resources 
     immigrant families can utilize.
       (6) The Trump Administration has written a draft rule 
     regarding the definition of ``public charge'' that would 
     limit the ability of United States citizen children to access 
     public resources without threatening the immigration status 
     of their family members.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) United States citizen children born to immigrant 
     parents should be entitled to the same access to public 
     resources as children born to United States citizen parents; 
     and
       (2) any attempt to limit the access of United States 
     citizens to public benefits and resources based on the 
     immigration status of their parents would be discriminatory 
     and create second-class citizens.
                                 ______
                                 
  SA 2027. Ms. CORTEZ MASTO (for herself and Mrs. Gillibrand) submitted 
an amendment intended to be proposed by her 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:

     SEC. __. REPORT ON DETAINED AND DEPORTED DACA RECIPIENTS.

       (a) Defined Term.--In this section, the term ``DACA 
     status'' means the status granted to an alien who has been 
     granted deferred action for childhood arrivals in accordance 
     with the memorandum issued by the Secretary of Homeland 
     Security on June 15, 2012.
       (b) Weekly Report.--Not less frequently than weekly, the 
     Secretary of Homeland Security shall submit to the chairman 
     and ranking member of the Committee on the Judiciary of the 
     Senate and of the Committee on the Judiciary of the House of 
     Representatives, and post on a public website, a report that 
     identifies--
       (1) the number of individuals apprehended, detained, or 
     arrested by U.S. Immigration and Customs Enforcement or U.S. 
     Customs and Border Protection during the reporting period who 
     have ever been granted DACA status;
       (2) the number of individuals removed by immigration 
     officials during the reporting period who have ever been 
     granted DACA status;
       (3) the location of apprehension, detainment, or arrest of 
     such individuals; and
       (4) the reason for the apprehension, detainment, or arrest, 
     including whether it was the result of targeted enforcement 
     or a collateral arrest.
                                 ______
                                 
  SA 2028. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her 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:

     SEC. __. SENSE OF CONGRESS ON BIRTHRIGHT CITIZENSHIP.

       (a) Findings.--Congress makes the following findings:
       (1) The Fourteenth Amendment to the Constitution of the 
     United States states, ``All persons born or naturalized in 
     the United States, and subject to the jurisdiction thereof, 
     are citizens of the United States and of the State wherein 
     they reside.''.
       (2) Since the ratification of the Fourteenth Amendment, the 
     United States has been engaged in a long struggle to live up 
     to its promise: that all people are equal under law.
       (3) As a national community, the people of the United 
     States have to confront the hard truth that the United States 
     sometimes fall short of that idea, and that the United States 
     has not always kept that promise.
       (4) Though the United States has been humbled by past 
     failures, the Nation's character will be measured by the 
     strength of its continually renewed commitment to the 
     fundamental national values of equality and dignity before 
     the law.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it would be a gross violation of the spirit of the 
     Fourteenth Amendment to the Constitution of the United States 
     and to the national values of the United States for this or 
     any future Congress to adopt any interpretation that some 
     individuals who are born on United States soil are less 
     deserving than others of the privileges of United States 
     citizenship and the equal protection of the laws of the 
     United States;
       (2) the United States must protect, preserve, and honor the 
     longstanding legal principle of birthright citizenship;
       (3) the tradition of birthright citizenship is rooted in 
     the ancient international legal principle of jus soli; and
       (4) honoring citizenship by birth reflects the heritage of 
     the United States as a country of immigrants, who choose to 
     adopt the United States as their homeland, and whose diverse 
     cultures and experiences are woven into the tapestry of the 
     Nation's history.
                                 ______
                                 
  SA 2029. Mr. HEINRICH (for himself and Mr. Udall) 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:

     SEC. __. TRADE FACILITATION AND SECURITY ENHANCEMENT.

       (a) Defined Term.--In this section, the term ``designated 
     port of entry'' means any land port of entry on the Southern 
     border that has--
       (1) expanded growth in cross-border traffic;
       (2) engaged in binational innovative pilot programs; and
       (3) relied on private-public partnership agreements for 
     added staffing or extended hours.
       (b) Private Vehicles.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall facilitate the safe, secure, and efficient 
     cross border movement of people, motor vehicles, cargo, and 
     lawful and legitimate trade travel by extending the hours of 
     operation to 24 hours per day for private vehicles at 
     designated ports of entry.

[[Page S1176]]

       (c) Commercial Vehicles.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall facilitate the safe, secure, and efficient 
     cross border movement of people, motor vehicles, cargo, and 
     lawful and legitimate trade travel by ensuring that 
     commercial vehicles may cross through designated ports of 
     entry--
       (1) anytime between 6:00 am and midnight, Monday through 
     Friday; and
       (2) anytime between 8:00 am and 4:00 pm on Saturday.
       (d) Resources.--The Secretary of Homeland Security shall 
     ensure that sufficient resources are dedicated to designated 
     ports of entry--
       (1) to carry out the functions of commercial operations, 
     including accepting entries of merchandise, collecting 
     duties, and enforcing the customs, immigration, and trade 
     laws of the United States; and
       (2) to perform the functions described in paragraph (1) 
     during the hours set forth in subsection (c) beginning not 
     later than the date set forth in subsection (c).
       (e) Coordination.--The Secretary of Homeland Security shall 
     coordinate with the appropriate officials of the Government 
     of Mexico to implement this section.
                                 ______
                                 
  SA 2030. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1958 proposed by Mr. Schumer (for himself, Mr. Rounds, Mr. 
King, Ms. Collins, Mr. Manchin, Mr. Graham, Mr. Kaine, Mr. Flake, Mr. 
Coons, Mr. Gardner, Ms. Heitkamp, Ms. Murkowski, Mrs. Shaheen, Mr. 
Alexander, Ms. Klobuchar, Mr. Isakson, and Mr. Warner) 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:

       In section 4(c) of the amendment, strike paragraphs (2) and 
     (3) and insert the following:
       (2) For domain awareness, $658,000,000, including 
     $147,700,000 for border surveillance technology, as follows:
       (A) $46,200,000 for Remote Video Surveillance System 
     (RVSS).
       (B) $1,600,000 for Mobile Video Surveillance System (MVSS).
       (C) $2,500,000 for Small Unmanned Aerial Systems (UAS).
       (D) $16,200,000 for Motion Sensor Capability (MSC).
       (E) $17,400,000 for Integrated Fixed Towers (IFT) to the 
     Tucson Sector.
       (F) $34,800,000 for tactical aerostats.
       (G) $9,000,000 for Cross-border tunnel technology (CBTT).
       (H) $20,000,000 for Unattended Ground Sensors (UGS).
       (3) For access and mobility, $143,000,000, including 
     $172,900,000 for Air & Marine Operations assets, as follows:
       (A) $55,500,000 for Multi-Enforcement Aircraft (MEA).
       (B) $11,000,000 for MEA-Based Vehicle And Dismount 
     Exploitation Radar (VADER).
       (C) $14,000,000 for UH-60 helicopter conversion.
       (D) $7,800,000 for Aircraft Sensor Upgrades (EO/IR).
       (E) $41,200,000 for Tethered Aerostat (TARS) and explore 
     PTDS (Persistent Threat Detection Systems) to improve 
     situational awareness.
       (F) $43,400,000 for Light Enforcement Helicopters (LEH).
                                 ______
                                 
  SA 2031. Mr. CARPER (for himself, Ms. Heitkamp, and Mr. Leahy) 
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 end, add the following:

               DIVISION B--SECURING THE NORTHERN TRIANGLE

     SEC. 10001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Secure the Northern Triangle Act''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

               DIVISION B--SECURING THE NORTHERN TRIANGLE

Sec. 10001. Short title; table of contents.
Sec. 10002. Findings.
Sec. 10003. Sense of Congress.
Sec. 10004. Definitions.

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

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

Sec. 10111. Authorization of appropriations for United States strategy 
              for engagement in Central America.
Sec. 10112. Strengthening the rule of law and combating corruption.
Sec. 10113. Combating criminal violence and improving citizen security.
Sec. 10114. Tackling extreme poverty and advancing economic 
              development.

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

Sec. 10121. Assistance funding available without condition.
Sec. 10122. Conditions on assistance related to smuggling, screening, 
              and safety of migrants.
Sec. 10123. Conditions on assistance related to progress on specific 
              issues.

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

Sec. 10131. United States Coordinator for Engagement in Central 
              America.

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

Sec. 10141. Requirement for strategy to secure support of international 
              donors and partners.

    TITLE XII--CRACKING DOWN ON SMUGGLERS, CARTELS, AND TRAFFICKERS 
                    EXPLOITING CHILDREN AND FAMILIES

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

Sec. 10211. Enhanced international cooperation to combat human 
              smuggling and trafficking.
Sec. 10212. Enhanced investigation and prosecution of human smuggling 
              and trafficking.
Sec. 10213. Information campaign on dangers of migration.

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

Sec. 10221. Enhanced penalties for organized smuggling schemes.
Sec. 10222. Expanding financial sanctions on narcotics trafficking and 
              money laundering.

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

Sec. 10231. Hindering immigration, border, and customs controls.

  TITLE XIII--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF 
       REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION

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

Sec. 10311. Strengthening internal asylum systems in Mexico and other 
              countries.

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

Sec. 10321. Expanding refugee processing in Mexico and Central America 
              for third country resettlement.

  Subtitle C--Improving the Efficiency of the Central American Minors 
                                Program

Sec. 10331. Expansion.
Sec. 10332. Expedited processing.
Sec. 10333. Referral to UNHCR.

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

Sec. 10401. Definitions; authorization of appropriations.

   Subtitle A--Strengthening the Government's Ability To Oversee the 
                   Safety and Well-Being of Children

Sec. 10411. Background checks to ensure the safe placement of 
              unaccompanied alien children.
Sec. 10412. Responsibility of sponsor for immigration court compliance 
              and child well-being.
Sec. 10413. Monitoring unaccompanied alien children.

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

Sec. 10421. Funding to States to conduct State criminal checks and 
              child abuse and neglect checks.
Sec. 10422. Funding to school districts for unaccompanied alien 
              children.
Sec. 10423. Immediate enrollment of unaccompanied alien children in 
              schools.

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

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

Sec. 10511. Court appearance compliance and legal orientation.
Sec. 10512. Fair day in court for kids.

      Subtitle B--Reducing Significant Delays in Immigration Court

Sec. 10521. Eliminate immigration court backlogs.
Sec. 10522. Improved training for immigration judges and members of the 
              Board of Immigration Appeals.
Sec. 10523. New technology to improve court efficiency.

           Subtitle C--Reducing the Likelihood of Remigration

Sec. 10531. Establishing reintegration and monitoring services for 
              repatriating children.

     SEC. 10002. FINDINGS.

       Congress finds the following:
       (1) Since 2006, incidents of murder, other violent crime, 
     and corruption perpetrated by armed criminal gangs and 
     illicit trafficking organizations have risen alarmingly in El 
     Salvador, Guatemala and Honduras (referred

[[Page S1177]]

     to in this division as the ``Northern Triangle'').
       (2) In 2013, Honduras had the highest per capita homicide 
     rate of any nation in the world, with 90.4 murders for every 
     100,000 people in the country. El Salvador and Guatemala were 
     in the top 5 countries with the highest per capita homicide 
     rates.
       (3) Since 2013, El Salvador's murder rate rose sharply to 
     become the highest of any country in the world in 2015 at 
     108.5 homicides for every 100,000 people, following a 
     dramatic escalation of violence between the country's 2 
     largest armed criminal gangs, Mara Salvatrucha (commonly 
     known as ``MS-13'') and Barrio 18.
       (4) According to the United Nations International 
     Children's Emergency Fund (UNICEF), the per capita homicide 
     rate for children in El Salvador and Guatemala is higher than 
     any other country in the world. In 2014, 27 out of every 
     100,000 children were murdered in El Salvador.
       (5) According to the United Nations High Commissioner for 
     Refugees (UNHCR), Honduras and El Salvador have the highest 
     per capita female homicide rates in the world. In 2014, 90 
     out of every 100,000 females were murdered in Honduras.
       (6) In April 2016, UNHCR's spokesperson stated, ``The 
     number of people fleeing violence in Central America has 
     surged to levels not seen since the region was wracked by 
     armed conflicts in the 1980s. Action is urgently needed to 
     ensure that unaccompanied children and others receive the 
     protection to which they are entitled.''.
       (7) Since 2013, individuals fleeing the Northern Triangle 
     have sought sanctuary in neighboring countries and there has 
     recently been a 1,185 percent increase in the number of 
     asylum applications from citizens of El Salvador, Guatemala, 
     and Honduras to the Governments of Mexico, Panama, Nicaragua, 
     Costa Rica and Belize.
       (8) Unaccompanied minors from the Northern Triangle now 
     make up the majority of unaccompanied minors encountered at 
     the international border between the United States and 
     Mexico, with the fastest increase occurring among children 
     younger than 12 years of age.
       (9) Human smugglers are increasingly responsible for the 
     transit of migrants from the Northern Triangle to the United 
     States. According to the Government Accountability Office, 
     human smugglers frequently use aggressive and misleading 
     marketing to recruit migrants.
       (10) Many female migrants face rape and sexual violence 
     during the journey, either from smugglers or others 
     encountered on the route, or risk being trafficked for sex or 
     labor.
       (11) Challenges to the rule of law in the Northern Triangle 
     have been exacerbated by the limited ability and lack of 
     political will on the part of governments to investigate and 
     prosecute those responsible for murder. In 2014, 
     approximately 95 percent of murders remained unresolved in 
     Honduras and El Salvador.
       (12) The presence of major drug trafficking organizations 
     in the Northern Triangle contributes to violence, corruption, 
     and criminality. The 2016 International Narcotics Control 
     Strategy Report prepared by the Department of State estimated 
     that ``approximately 90 percent of the cocaine trafficked to 
     the United States in the first half of 2015 first transited 
     through the Mexico/Central America corridor''.
       (13) Widespread public sector corruption in the Northern 
     Triangle undermines economic and social development and 
     directly affects regional political stability, as 
     demonstrated by the indictment and resignation of former 
     Guatemalan president Otto Perez Molina on corruption charges.
       (14) Human rights defenders, journalists, trade unionists, 
     social leaders, and LGBT activists in the Northern Triangle 
     face dire conditions, as evidenced by the March 2016 murder 
     of Honduran activist Berta Caceres and the targeted killing 
     of more than 200 such civil society leaders since 2006. 
     Almost none of these cases have resulted in convictions.
       (15) The Northern Triangle struggles with high levels of 
     economic insecurity. In 2014, more than 62 percent of 
     Hondurans, more than 59 percent of Guatemalans, and more than 
     31 percent of Salvadorans lived below the poverty line.
       (16) Weak investment climates and low levels of educational 
     opportunity are barriers to inclusive economic growth and 
     social development in the Northern Triangle.
       (17) Although the CAM Program has approval rates of nearly 
     98 percent, due to limited resources, of the 8,920 children 
     that have applied for humanitarian protection, only 626 have 
     been conditionally approved and only 368 have entered the 
     United States.
       (18) Approximately 50 percent of unaccompanied minors 
     facing United States immigration proceedings receive legal 
     representation. Children with legal counsel appeared at their 
     hearings more than 95 percent of the time.
       (19) As of May 2016, 492,978 cases were pending before 
     immigration courts, with such cases taking an average of 553 
     days to reach a final decision.

     SEC. 10003. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States must address the violence and 
     humanitarian crisis resulting in the elevated numbers of 
     unaccompanied children, women, and refugees from the Northern 
     Triangle arriving at the Southwestern border of the United 
     States;
       (2) the violence and humanitarian crisis has been prompted 
     by the severe challenges posed by--
       (A) high rates of homicide, sexual violence, and violent 
     crime perpetrated by armed criminal actors;
       (B) endemic corruption; and
       (C) the limited ability and the lack of political will on 
     the part of governments to protect their citizens and uphold 
     the rule of law in the Northern Triangle;
       (3) the United States must work with international 
     partners--
       (A) to address the complicated conditions in the Northern 
     Triangle that contribute to the violence and humanitarian 
     crisis; and
       (B) to protect vulnerable populations, particularly women 
     and children, fleeing violence in the region;
       (4) the Plan of the Alliance for Prosperity in the Northern 
     Triangle, which was developed by the Governments of El 
     Salvador, Guatemala, and Honduras, with the technical 
     assistance of the Inter-American Development Bank, represents 
     a comprehensive approach to address the complex situation in 
     the Northern Triangle;
       (5) the U.S. Strategy for Engagement in Central America, as 
     articulated by President Obama and Vice President Biden, 
     provides important support for the Alliance for Prosperity 
     and other United States national security priorities, 
     including rule of law and anti-corruption initiatives;
       (6) combating corruption in the Northern Triangle must 
     remain a critical priority and the United Nation's Commission 
     Against Impunity in Guatemala (CICIG) and the Organization of 
     American States' Mission to Support the Fight Against 
     Corruption and Impunity in Honduras (MACCIH) are important 
     contributions to this effort;
       (7) the CAM Program provides a safe, legal, and orderly 
     alternative to children fleeing violence in the Northern 
     Triangle;
       (8) the United States must--
       (A) expand the CAM Program to ensure the safe and orderly 
     processing of refugee children in the region;
       (B) strengthen internal asylum systems in Mexico and other 
     countries in the region to protect and process eligible 
     children and families, including establishing and expanding 
     in-country reception centers;
       (C) expand access to legal representation for unaccompanied 
     alien children facing United States immigration proceedings; 
     and
       (D) reduce delays in immigration courts, which contribute 
     to misinformation that migrants who come to the United States 
     will not be removed; and
       (9) it is imperative for the United States to sustain a 
     long-term commitment to addressing the factors causing 
     Central Americans to flee their countries by strengthening 
     citizen security, the rule of law, democratic governance, the 
     protection of human rights, and inclusive economic growth in 
     the Northern Triangle.

     SEC. 10004. DEFINITIONS.

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

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

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

     SEC. 10111. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES 
                   STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.

       (a) In General.--There are authorized to be appropriated 
     $1,040,000,000 for fiscal year 2019 to carry out the United 
     States Strategy for Engagement in Central America, as defined 
     by the objectives set forth in subsection (b). Amounts 
     appropriated pursuant to this subsection shall remain 
     available until expended.
       (b) Use of Funds.--Amounts appropriated pursuant to 
     subsection (a) may be made available for assistance to 
     Central American countries to implement the United States 
     Strategy for Engagement in Central America in support of the 
     Plan, including efforts--
       (1) to strengthen the rule of law and bolster the 
     effectiveness of judicial systems, public prosecutors' 
     offices, and civilian police forces;
       (2) to combat corruption and improve public sector 
     transparency;
       (3) to confront and counter the violence and crime 
     perpetrated by armed criminal

[[Page S1178]]

     gangs, illicit trafficking organizations, and organized 
     crime;
       (4) to disrupt money laundering operations and the illicit 
     financial networks of armed criminal gangs, illicit 
     trafficking organizations, and human smugglers;
       (5) to strengthen democratic governance and promote greater 
     respect for internationally recognized human rights, labor 
     rights, fundamental freedoms, and the media;
       (6) to enhance the capability of Central American 
     governments to protect and provide for vulnerable and at-risk 
     populations;
       (7) to address the underlying causes of poverty and 
     inequality; and
       (8) to address the constraints to inclusive economic growth 
     in Central America.
       (c) Prioritization.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall prioritize the provision of assistance 
     authorized under this section to address the key factors in 
     Central American countries that contribute to the flight of 
     unaccompanied alien children and other individuals to the 
     United States.

     SEC. 10112. STRENGTHENING THE RULE OF LAW AND COMBATING 
                   CORRUPTION.

       (a) In General.--Of the amounts appropriated pursuant to 
     section 10111(a), $260,000,000 may be made available to the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development to strengthen the rule 
     of law, combat corruption, consolidate democratic governance, 
     and defend human rights.
       (b) Assistance for Central America.--The Secretary and the 
     Administrator may use the amounts made available under 
     subsection (a) to provide assistance for Central American 
     countries through the activities described in subsection (c).
       (c) Authorized Activities.--Activities described in this 
     section include--
       (1) strengthening the rule of law in Central American 
     countries by providing support for--
       (A) the Office of the Attorney General and public 
     prosecutors in each such country, including the enhancement 
     of their forensics and communications interception 
     capabilities;
       (B) reforms leading to independent, merit-based, selection 
     processes for judges and prosecutors, and relevant ethics and 
     professional training;
       (C) the improvement of victim and witness protection; and
       (D) the reform and improvement of prison facilities and 
     management;
       (2) combating corruption by providing support for--
       (A) inspectors general and oversight institutions, 
     including relevant training for inspectors and auditors;
       (B) international commissions against impunity, including 
     the International Commission Against Impunity in Guatemala 
     (CICIG) and the Support Mission Against Corruption and 
     Impunity in Honduras (MACCIH);
       (C) civil society watchdogs conducting oversight of 
     executive branch officials and functions, police and security 
     forces, and judicial officials and public prosecutors; and
       (D) the enhancement of freedom of information mechanisms;
       (3) consolidating democratic governance by providing 
     support for--
       (A) the reform of civil services, related training 
     programs, and relevant career laws and processes that lead to 
     independent, merit-based selection processes;
       (B) national legislatures and their capacity to conduct 
     oversight of executive branch functions;
       (C) the reform of political party and campaign finance 
     laws; and
       (D) local governments and their capacity to provide 
     critical safety, education, health, and sanitation services 
     to citizens; and
       (4) defending human rights by providing support for--
       (A) human rights ombudsman offices;
       (B) government protection programs that provide physical 
     protection to human rights defenders, journalists, trade 
     unionists, and civil society activists at risk;
       (C) civil society organizations that promote and defend 
     human rights, freedom of expression, freedom of the press, 
     labor rights, and LGBT rights; and
       (D) civil society organizations that address sexual, 
     domestic, and inter-partner violence against women and 
     protect victims of such violence.

     SEC. 10113. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN 
                   SECURITY.

       (a) In General.--Of the amounts appropriated pursuant to 
     section 10111(a), $260,000,000 may be made available to the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development to counter the violence 
     and crime perpetrated by armed criminal gangs, illicit 
     trafficking organizations and human smugglers.
       (b) Assistance for Central America.--The Secretary and the 
     Administrator may use the amounts made available under 
     subsection (a) to provide assistance for Central American 
     countries through the activities described in subsection (c).
       (c) Authorized Activities.--Activities described in this 
     section include--
       (1) professionalizing civilian police forces by providing 
     support for--
       (A) the reform of personnel vetting and dismissal 
     processes, including the enhancement of polygraph capability 
     for use in such processes;
       (B) inspectors general and oversight offices, including 
     relevant training for inspectors and auditors;
       (C) community policing policies and programs;
       (D) the establishment of special vetted units;
       (E) training on the appropriate use of force and human 
     rights;
       (F) training on civilian intelligence collection, 
     investigative techniques, forensic analysis, and evidence 
     preservation; and
       (G) equipment, such as nonintrusive inspection equipment 
     and communications interception technology;
       (2) countering illicit trafficking by providing assistance 
     to the civilian law enforcement and armed forces of Central 
     American countries, including support for--
       (A) the establishment of special vetted units;
       (B) the enhancement of intelligence collection capacity;
       (C) the reform of personnel vetting and dismissal 
     processes, including the enhancement of polygraph capability 
     for use in such processes; and
       (D) port, airport, and border security equipment, 
     including--
       (i) computer infrastructure and data management systems;
       (ii) secure communications technologies;
       (iii) communications interception technology;
       (iv) nonintrusive inspection equipment; and
       (v) radar and aerial surveillance equipment;
       (3) disrupting illicit financial networks by providing 
     support for--
       (A) finance ministries, including the enhancement of the 
     capacity to use financial sanctions to block the assets of 
     individuals and organizations involved in money laundering 
     and the financing of armed criminal gangs, illicit 
     trafficking networks, human smugglers, and organized crime;
       (B) financial intelligence units, including the 
     establishment and enhancement of anti-money laundering 
     programs; and
       (C) the reform of bank secrecy laws; and
       (4) improving crime prevention by providing support for--
       (A) programs that address domestic violence and violence 
     against women;
       (B) the enhancement of programs for at-risk and criminal-
     involved youth, including the improvement of community 
     centers; and
       (C) alternative livelihood programs.
       (d) Sense of Congress.--It is the sense of Congress that--
       (1) operational technology transferred to governments in 
     Central America for intelligence or law enforcement purposes 
     should be used solely for the purposes for which the 
     technology was intended; and
       (2) the United States should take all necessary steps to 
     ensure that the use of operation technology described in 
     paragraph (1) is consistent with United States law, including 
     protections of freedom of expression, freedom of movement, 
     and freedom of association.

     SEC. 10114. TACKLING EXTREME POVERTY AND ADVANCING ECONOMIC 
                   DEVELOPMENT.

       (a) In General.--Of the amounts appropriated pursuant to 
     section 10111(a), $230,000,000 may be made available to the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development--
       (1) to address the underlying causes of poverty and 
     inequality; and
       (2) to improve economic development.
       (b) Assistance for Central America.--The Secretary and the 
     Administrator may use the amounts made available under 
     subsection (a) to provide assistance for Central American 
     countries through the activities described in subsection (c).
       (c) Authorized Activities.--Activities described in this 
     section include--
       (1) strengthening human capital by providing support for--
       (A) workforce development and entrepreneurship training 
     programs that are driven by market demand, specifically 
     programs that prioritize women, at-risk youth, and 
     minorities;
       (B) improving early-grade literacy and the improvement of 
     primary and secondary school curricula;
       (C) relevant professional training for teachers and 
     educational administrators; and
       (D) educational policy reform and improvement of education 
     sector budgeting;
       (2) enhancing economic competitiveness and investment 
     climate by providing support for--
       (A) small business development centers and programs that 
     strengthen supply chain integration;
       (B) trade facilitation and customs harmonization programs;
       (C) reducing energy costs through investments in clean 
     technologies and the reform of energy policies and 
     regulations;
       (D) the improvement of protections for investors, including 
     dispute resolution and arbitration mechanisms; and
       (E) the improvement of labor and environmental standards, 
     in accordance with the Dominican Republic-Central America 
     Free Trade Agreement (CAFTA-DR);
       (3) strengthening food security by providing support for--
       (A) small-scale agriculture, including technical training 
     and programs that facilitate access to credit;
       (B) agricultural value chain development for farming 
     communities;

[[Page S1179]]

       (C) nutrition programs to reduce childhood stunting rates; 
     and
       (D) investment in scientific research on climate change and 
     climate resiliency; and
       (4) improving the state of fiscal and financial affairs by 
     providing support for--
       (A) domestic revenue generation, including programs to 
     improve tax administration, collection, and enforcement;
       (B) strengthening public sector financial management, 
     including strategic budgeting and expenditure tracking; and
       (C) reform of customs and procurement policies and 
     processes.

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

     SEC. 10121. ASSISTANCE FUNDING AVAILABLE WITHOUT CONDITION.

       The Secretary of State may obligate up to 25 percent of the 
     amounts appropriated pursuant to section 10111(a) to carry 
     out the United States Strategy for Engagement in Central 
     America in support of the Plan.

     SEC. 10122. CONDITIONS ON ASSISTANCE RELATED TO SMUGGLING, 
                   SCREENING, AND SAFETY OF MIGRANTS.

       (a) Notification and Cooperation.--In addition to the 
     amounts authorized to be obligated under sections 10121 and 
     10123, the Secretary of State may obligate an additional 25 
     percent of the amounts appropriated pursuant to section 
     10111(a) for assistance to the Government of El Salvador, the 
     Government of Guatemala, and the Government of Honduras after 
     the Secretary of State, in consultation with the Secretary of 
     Homeland Security, certifies and reports to Congress that 
     such governments are taking effective steps, in addition to 
     steps taken during previous years, to--
       (1) combat human smuggling and trafficking, including 
     investigating, prosecuting, and increasing penalties for 
     individuals responsible for such crimes;
       (2) improve border security and border screening to detect 
     and deter illicit smuggling and trafficking, while respecting 
     the rights of individuals fleeing violence and seeking 
     humanitarian protection asylum, in accordance with 
     international law;
       (3) cooperate with United States Government agencies and 
     other governments in the region to facilitate the safe and 
     timely repatriation of migrants who do not qualify for 
     refugee or other protected status, in accordance with 
     international law;
       (4) improve reintegration services for repatriated migrants 
     in a manner that ensures the safety and well-being of the 
     individual and reduces the likelihood of remigration; and
       (5) cooperate with the United Nations High Commissioner for 
     Refugees to improve protections for, and the processing of, 
     vulnerable populations, particularly women and children 
     fleeing violence.

     SEC. 10123. CONDITIONS ON ASSISTANCE RELATED TO PROGRESS ON 
                   SPECIFIC ISSUES.

       (a) Effective Implementation.--In addition to the amounts 
     authorized to be obligated under sections 10121 and 10122, 
     the Secretary of State may obligate an additional 50 percent 
     of the amounts appropriated pursuant to section 10111 for 
     assistance to the Government of El Salvador, the Government 
     of Guatemala, and the Government of Honduras after the 
     Secretary consults with, and subsequently certifies and 
     reports to, the appropriate congressional committees that 
     such governments are taking effective steps in their 
     respective countries, in addition to steps taken during the 
     previous calendar year, to--
       (1) establish an autonomous, publicly accountable entity to 
     provide oversight of the Plan;
       (2) combat corruption, including investigating and 
     prosecuting government officials, military personnel, and 
     civil police officers credibly alleged to be corrupt;
       (3) implement reforms and strengthen the rule of law, 
     including increasing the capacity and independence of the 
     judiciary and public prosecutors;
       (4) counter the activities of armed criminal gangs, illicit 
     trafficking networks, and organized crime;
       (5) establish and implement a plan to create a 
     professional, accountable civilian police force and curtail 
     the role of the military in internal policing;
       (6) investigate and prosecute, through the civilian justice 
     system, military and police personnel who are credibly 
     alleged to have violated human rights, and to ensure that the 
     military and the police are cooperating in such cases;
       (7) cooperate with international commissions against 
     impunity, as appropriate, and with regional human rights 
     entities;
       (8) implement reforms related to improving the transparency 
     of financing political campaigns and political parties;
       (9) protect the right of political opposition parties, 
     journalists, trade unionists, human rights defenders, and 
     other civil society activists to operate without 
     interference;
       (10) increase government revenues, including by enhancing 
     tax collection, strengthening customs agencies, and reforming 
     procurement processes;
       (11) implement reforms to strengthen educational systems, 
     vocational training programs, and programs for at-risk youth;
       (12) resolve commercial disputes, including the 
     confiscation of real property, between United States entities 
     and the respective governments; and
       (13) implement a policy by which local communities, civil 
     society organizations (including indigenous and marginalized 
     groups), and local governments are consulted in the design, 
     implementation and evaluation of the activities of the Plan 
     that affect such communities, organizations, or governments.

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

     SEC. 10131. UNITED STATES COORDINATOR FOR ENGAGEMENT IN 
                   CENTRAL AMERICA.

       (a) Designation.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall designate a 
     senior official to coordinate all of the Federal Government's 
     efforts and the efforts of international partners to 
     strengthen citizen security, the rule of law, and economic 
     prosperity in Central America and to protect vulnerable 
     populations in the region.
       (b) Supervision.--The official designated under subsection 
     (a) shall report directly to the President.
       (c) Duties.--The official designated under subsection (a) 
     shall coordinate all of the efforts, activities, and programs 
     related to United States engagement in Central America, 
     including--
       (1) coordinating with the Department of State, the 
     Department of Justice (including the Federal Bureau of 
     Investigation), the Department of Homeland Security, the 
     intelligence community, and international partners regarding 
     United States efforts to 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 Commissions 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 official designated under subsection 
     (a) shall consult with Congress, multilateral organizations 
     and institutions, foreign governments, and domestic and 
     international civil society organizations.

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

     SEC. 10141. 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

[[Page S1180]]

     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 submitted 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 listed in subsection (a)(3).
       (d) Briefings.--Upon a request from one of the appropriate 
     congressional committees, the Secretary of State shall 
     provide a briefing to the committee that describes the 
     progress made in implementing the strategy submitted under 
     subsection (a).
       (e) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.

    TITLE XII--CRACKING DOWN ON SMUGGLERS, CARTELS, AND TRAFFICKERS 
                    EXPLOITING CHILDREN AND FAMILIES

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

     SEC. 10211. ENHANCED INTERNATIONAL COOPERATION TO COMBAT 
                   HUMAN SMUGGLING AND TRAFFICKING.

       (a) Partnership Expansion.--The Secretary of Homeland 
     Security, in coordination with the Secretary of State, shall 
     expand partnership efforts with law enforcement entities in 
     El Salvador, Guatemala, Honduras, and Mexico seeking to 
     combat human smuggling and trafficking in those countries, 
     including--
       (1) the creation or expansion of transnational criminal 
     investigative units to identify, disrupt, and prosecute human 
     smuggling and trafficking operations;
       (2) participation by U.S. Immigration and Customs 
     Enforcement and the Department of Justice in the Bilateral 
     Human Trafficking Enforcement Initiative with their Mexican 
     law enforcement counterparts; and
       (3) advanced training programs for investigators and 
     prosecutors from El Salvador, Guatemala, Honduras, and 
     Mexico.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsection (a).

     SEC. 10212. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN 
                   SMUGGLING AND TRAFFICKING.

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

     SEC. 10213. INFORMATION CAMPAIGN ON DANGERS OF MIGRATION.

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

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

     SEC. 10221. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING 
                   SCHEMES.

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

     SEC. 10222. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS 
                   TRAFFICKING AND MONEY LAUNDERING.

       (a) Findings.--Congress finds the following:
       (1) In July 2011, President Obama released ``Strategy to 
     Combat Transnational Organized Crime'', which articulates a 
     multidimensional response to combat transnational organized 
     crime, including drug trafficking networks, armed criminal 
     gangs, and money laundering.
       (2) The Strategy calls for expanded efforts to dismantle 
     illicit financial networks, including through maximizing the 
     use of the Foreign Narcotics Kingpin Designation Act (21 
     U.S.C. 1901 et seq.).
       (b) Sense of Congress.--It is the sense of Congress that 
     the Senate should immediately confirm pending nominations to 
     key national security positions, including Mr. Adam Szubin, 
     who was nominated by President Obama on April 16, 2015, to 
     the position of Undersecretary for Terrorism and Financial 
     Crimes within the Department of the Treasury, a critical 
     position focused on identifying and confronting illicit 
     financial networks.
       (c) Financial Sanctions Expansion.--
       (1) In general.--The Secretary of the Treasury, the 
     Attorney General, the Secretary of State, the Secretary of 
     Defense, and the Director of Central Intelligence shall 
     expand investigations, intelligence collection, and analysis 
     pursuant to the Foreign Narcotics Kingpin Designation Act to 
     increase the identification and application of sanctions 
     against--
       (A) significant foreign narcotics traffickers, their 
     organizations and networks; and
       (B) the foreign persons who provide material, financial, or 
     technological support to such traffickers, organizations, and 
     networks.
       (2) Targets.--The efforts described in paragraph (1) shall 
     specifically target foreign narcotics traffickers, their 
     organizations and networks, and the foreign persons who 
     provide material, financial, or technological support to such 
     traffickers, organizations and networks that are present and 
     operating in Central or South America.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsection (c).

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

     SEC. 10231. HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
                   CONTROLS.

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

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

       ``(a) Illicit Spotting.--
       ``(1) In general.--It shall be unlawful to knowingly 
     surveil, track, monitor, or transmit the location, movement, 
     or activities of any officer or employee of a Federal, State, 
     or tribal law enforcement agency--
       ``(A) with the intent to gain financially; and
       ``(B) in furtherance of any violation of the immigration 
     laws, the customs and trade laws of the United States (as 
     defined in section 2 of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (Public Law 114-125)), any other 
     Federal law relating to transporting controlled substances, 
     agriculture, or monetary instruments into the United States, 
     or any Federal law relating to border controls measures of 
     the United States.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under title 18, United States Code, imprisoned for 
     not more than 5 years, or both.
       ``(b) Destruction of United States Border Controls.--
       ``(1) In general.--It shall be unlawful to knowingly and 
     without lawful authorization--
       ``(A) destroy or significantly damage any fence, barrier, 
     sensor, camera, or other physical or electronic device 
     deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; or

[[Page S1181]]

       ``(B) otherwise seek to construct, excavate, or make any 
     structure intended to defeat, circumvent or evade such a 
     fence, barrier, sensor camera, or other physical or 
     electronic device deployed by the Federal Government to 
     control an international border of, or a port of entry to, 
     the United States.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under title 18, United States Code, imprisoned for 
     not more than 5 years, or both.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     (8 U.S.C. 1101 et seq.) is amended by inserting after the 
     item relating to section 274D the following:

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

  TITLE XIII--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF 
       REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION

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

     SEC. 10311. STRENGTHENING INTERNAL ASYLUM SYSTEMS IN MEXICO 
                   AND OTHER COUNTRIES.

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

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

     SEC. 10321. EXPANDING REFUGEE PROCESSING IN MEXICO AND 
                   CENTRAL AMERICA FOR THIRD COUNTRY RESETTLEMENT.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall coordinate 
     with the United Nations High Commissioner for Refugees to 
     support and provide technical assistance to the Government of 
     Mexico and the governments of other countries in the region 
     to increase access to global resettlement for eligible 
     children and families with protection needs by--
       (1) establishing and expanding in-country refugee reception 
     centers to meet the humanitarian needs of those seeking 
     international protection;
       (2) improving the refugee registration system to ensure 
     that all refugees--
       (A) are properly screened for security, including 
     biographic and biometric capture;
       (B) receive due process and meaningful access to existing 
     legal protections; and
       (C) receive proper documents in order to prevent fraud and 
     ensure freedom of movement and access to basic social 
     services;
       (3) creating or expanding a corps of trained refugee 
     officers capable of evaluating and deciding individual claims 
     for protection, consistent with international law and 
     obligations; and
       (4) developing the capacity to conduct best interest 
     determinations for unaccompanied alien children to ensure 
     that--
       (A) such children with international protection needs are 
     properly registered; and
       (B) their needs are properly met, which may include family 
     reunification or resettlement based on international 
     protection needs.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     submit a report to the committees listed in section 10311(b) 
     that describes the plans of the Secretary of State to assist 
     in developing the refugee processing capabilities described 
     in subsection (a).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsection (a).

  Subtitle C--Improving the Efficiency of the Central American Minors 
                                Program

     SEC. 10331. EXPANSION.

       The Director of U.S. Citizenship and Immigration Services 
     shall increase the resources directed to the CAM Program, 
     including--
       (1) increasing the number of refugee officers available for 
     in-country processing; and
       (2) establishing additional site locations.

     SEC. 10332. EXPEDITED PROCESSING.

       Not later than 180 days after receiving a completed 
     application from an unaccompanied alien child seeking 
     protection under the CAM Program, the Director of U.S. 
     Citizenship and Immigration Services shall make a final 
     determination on such application unless the security 
     screening for such child cannot be completed during the 180-
     day period.

     SEC. 10333. REFERRAL TO UNHCR.

       The Director of U.S. Citizenship and Immigration Services 
     or the Assistant Secretary of State for the Bureau of 
     Population, Refugees, and Migration shall refer any child who 
     is the proposed beneficiary of an application under the CAM 
     Program and is facing immediate risk of harm to the United 
     Nations High Commissioner for Refugees for registration and 
     safe passage to an established emergency transit center for 
     refugees.

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

     SEC. 10401. DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS.

       (a) Definitions.--In this title:
       (1) Department.--Except as otherwise indicated, the term 
     ``Department'' means the Department of Health and Human 
     Services.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Refugee Resettlement of the Department.
       (3) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 8101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (4) Resident adult.--The term ``resident adult'' means any 
     individual age 18 or older who regularly lives, shares common 
     areas, and sleeps in a sponsor or prospective sponsor's home.
       (5) Secretary.--Except as otherwise indicated, the term 
     ``Secretary'' means the Secretary of Health and Human 
     Services.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this title.

   Subtitle A--Strengthening the Government's Ability To Oversee the 
                   Safety and Well-Being of Children

     SEC. 10411. BACKGROUND CHECKS TO ENSURE THE SAFE PLACEMENT OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Criminal and Civil Record Checks.--
       (1) Requirement.--In carrying out the functions transferred 
     to the Director under section 462(a) of the Homeland Security 
     Act of 2002 (6 U.S.C. 279(a)), from amounts appropriated 
     pursuant to section 10401(b) to carry out this section, the 
     Director shall perform, consistent with best practices in the 
     field of child welfare, and a prospective sponsor and all 
     resident adults in the home of the prospective sponsor shall 
     submit to the following record checks (which shall be 
     completed as expeditiously as possible):
       (A) Fingerprint-based checks (except as described in 
     paragraph (2)) in national crime information databases, as 
     defined in section 534(e)(3) of title 28, United States Code.
       (B) A search of the State criminal registry or repository 
     for any State (except as described in paragraph (3)) in which 
     the prospective sponsor or resident adult has resided during 
     the 5 years preceding the search.
       (C) A search of the National Sex Offender Registry 
     established under section 119 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16919).
       (D) A search (except as described in paragraphs (2) and 
     (3)) of State-based child abuse and neglect registries and 
     databases for any State in which the prospective sponsor or 
     resident adult has resided during the 5 years preceding the 
     search.
       (2) Parents and guardians.--For purposes of paragraph (1), 
     if the prospective sponsor is the parent or guardian of the 
     child involved, the Director shall have discretion to 
     determine whether the Director shall perform, and the 
     prospective sponsor and resident adults described in 
     paragraph (1) shall submit to, a check described in 
     subparagraph (A) or (D) of paragraph (1).
       (3) Waivers.--
       (A) In general.--If the Secretary determines that it is not 
     feasible to conduct the check described in subparagraph (B) 
     or (D) of paragraph (1) for a State, including infeasibility 
     due to a State's refusal or nonresponse in response to a 
     request for related information, or that the average time to 
     receive results from a State for such a check is more

[[Page S1182]]

     than 10 business days, the Secretary may waive the 
     requirements of that subparagraph with respect to the State 
     involved for a period of not more than 1 year. The Secretary 
     may renew the waiver in accordance with this subparagraph.
       (B) Prohibition on delegation.--The Secretary may not 
     delegate the responsibility under subparagraph (A) to another 
     officer or employee of the Department.
       (C) States where waivers apply.--The Secretary shall make 
     available, on a website of the Department, the list of States 
     for which the requirements of subparagraph (B) or (D) of 
     paragraph (1) are waived under this paragraph.
       (4) Use of record checks.--The information revealed by a 
     record check performed pursuant to this section shall be used 
     only by the Director for the purpose of determining whether a 
     potential sponsor is a suitable sponsor for a placement for 
     an unaccompanied alien child.
       (b) Placement Determinations Generally.--
       (1) Denials required for certain crimes.--The Director 
     shall deny any placement for a prospective sponsor (other 
     than the parent or guardian of the child involved), and may 
     deny any placement for a prospective sponsor who is the 
     parent or guardian of the child involved subject to 
     subsection (c), if the record checks performed pursuant to 
     this section reveal that the prospective sponsor or a 
     resident adult in the home of the prospective sponsor was 
     convicted at age 18 or older of a crime that is a felony 
     consisting of any of the following:
       (A) Domestic violence, stalking, child abuse, child 
     neglect, or child abandonment, if the prospective sponsor or 
     resident adult served at least 1 year imprisonment for a 
     crime specified in this subparagraph, or if the prospective 
     sponsor or resident adult was convicted of 2 or more crimes 
     specified in this subparagraph, not arising out of a single 
     scheme of criminal misconduct.
       (B) A crime against a child involving pornography.
       (C) Human trafficking.
       (D) Rape or sexual assault.
       (E) Homicide.
       (2) Denials considered for certain offenses.--The Director 
     may deny a placement for a prospective sponsor if the record 
     checks performed pursuant to this section reveal that the 
     prospective sponsor or a resident adult in the home of a 
     prospective sponsor was adjudged guilty of a civil offense or 
     was convicted of a crime not covered by paragraph (1). The 
     Director, in making a determination about whether to approve 
     or deny the placement, shall consider all of the following 
     factors:
       (A) The type of offense.
       (B) The number of offenses the sponsor or resident adult 
     has been adjudged guilty or convicted of.
       (C) The length of time that has elapsed since the 
     adjudication or conviction.
       (D) The nature of the offense.
       (E) The age of the individual at the time of the 
     adjudication or conviction.
       (F) The relationship between the offense and the capacity 
     to care for a child.
       (G) Evidence of rehabilitation of the individual.
       (H) Opinions of community and family members concerning the 
     individual.
       (c) Placement Determinations Concerning Parents or 
     Guardians.--The Director may deny a placement for a 
     prospective sponsor who is the parent or guardian of the 
     child involved if the record checks performed pursuant to 
     this section reveal that the prospective sponsor or a 
     resident adult in the home of a prospective sponsor was 
     adjudged guilty of a civil offense or was convicted of a 
     crime. The Director, in making a determination about whether 
     to approve or deny the placement, shall consider all of the 
     factors described in subsection (b)(2).
       (d) Appeals Process.--
       (1) Information.--The Secretary shall provide information 
     to each prospective sponsor on how such sponsor may appeal--
       (A) a placement determination under this section, 
     including--
       (i) prompt notice of the opportunity to so appeal; and
       (ii) instructions about how to participate in the appeals 
     process; and
       (B) the results of a record check performed pursuant to 
     this section or the accuracy or completeness of the 
     information yielded by the record check, as provided in 
     paragraph (2), including--
       (i) prompt notice of the opportunity to so appeal; and
       (ii) instructions about how to participate in the appeals 
     process.
       (2) Appeal.--Each Federal agency responsible for 
     administering or maintaining the information in a database, 
     registry, or repository used in a record check performed 
     pursuant to this section or responsible for the accuracy or 
     completeness of the information yielded by the record check 
     shall--
       (A) establish a process for an appeal concerning the 
     results of that record check, or that accuracy or 
     completeness; and
       (B) complete such process not later than 30 days after the 
     date on which such an appeal is filed.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to prohibit the Director from establishing 
     additional checks or procedures (besides the checks required 
     in this section) for sponsors, to enable the Director to--
       (1) oversee and promote the health, safety, and well-being 
     of unaccompanied alien children; or
       (2) prevent the exploitation, neglect, or abuse of 
     unaccompanied alien children.

     SEC. 10412. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT 
                   COMPLIANCE AND CHILD WELL-BEING.

       (a) In General.--Using amounts appropriated pursuant to 
     section 10401(b) to carry out this section, the Secretary, in 
     consultation with the Attorney General, shall establish 
     procedures to ensure that legal orientation programs 
     regarding immigration court and rights and responsibilities 
     for the well-being of unaccompanied alien children are 
     provided to all prospective sponsors of unaccompanied alien 
     children prior to an unaccompanied alien child's placement 
     with such a sponsor.
       (b) Program Elements.--The procedures described in 
     subsection (a) shall include a requirement that each legal 
     orientation program described in such subsection shall 
     provide information on the sponsor's rights and 
     responsibilities to--
       (1) ensure the unaccompanied alien child appears at 
     immigration proceedings and communicate with the court 
     involved regarding the child's change of address and other 
     relevant information;
       (2) immediately enroll the child in school, and shall 
     provide information and resources if the sponsor encounters 
     difficulty enrolling such child in school;
       (3) provide access to health care, including mental health 
     care as needed, and any necessary age-appropriate health 
     screening to the child;
       (4) report potential child traffickers and other persons 
     seeking to victimize or exploit unaccompanied alien children, 
     or otherwise engage such children in criminal, harmful, or 
     dangerous activity;
       (5) seek assistance from the Department regarding the 
     health, safety, and well-being of the child placed with the 
     sponsor; and
       (6) file a complaint, if necessary, with the Secretary or 
     the Secretary of Homeland Security regarding treatment of 
     unaccompanied alien children while under the care of the 
     Office of Refugee Resettlement or the Department of Homeland 
     Security, respectively.

     SEC. 10413. MONITORING UNACCOMPANIED ALIEN CHILDREN.

       (a) Risk-Based Post-Placement Services.--
       (1) In general.--Using amounts appropriated pursuant to 
     section 10401(b) to carry out this section, the Secretary 
     shall, to assist each unaccompanied alien child in a 
     placement with a sponsor--
       (A) complete an individualized assessment of the need for 
     services to be provided after placement; and
       (B) provide such post-placement services during the 
     pendency of removal proceedings or until no longer necessary.
       (2) Minimum services.--For the purposes of paragraph (1), 
     the services shall, at a minimum, include--
       (A) for the unaccompanied alien child, at least one post-
     placement case management services visit within 30 days after 
     placement with a sponsor and the referral of unaccompanied 
     alien children to service providers in the community; and
       (B) for the family of the child's sponsor, orientation and 
     other functional family support services, as determined to be 
     necessary in the individualized assessment.
       (b) Effective Use of Child Advocates for the Most 
     Vulnerable Unaccompanied Alien Children.--The Secretary 
     shall--
       (1) direct the Director--
       (A) to identify and track the referral rates of 
     unaccompanied alien children to child advocates by care 
     providers and investigate instances in which such a rate is 
     low;
       (B) to ensure that the referral criteria established by the 
     Director are appropriately applied when a care provider 
     determines if such a child is eligible for referral to a 
     child advocate;
       (C) to provide technical assistance to care providers to 
     ensure compliance with such criteria; and
       (D) to establish a process for stakeholders and the public 
     to refer unaccompanied alien children, including those placed 
     with a sponsor, to the child advocate program to determine if 
     such child meets the referral criteria for appointment of a 
     child advocate; and
       (2) ensure that each child advocate for an unaccompanied 
     alien child shall--
       (A) be provided access to materials necessary to advocate 
     effectively for the best interest of the child, including 
     direct access to significant incident reports, home studies, 
     and similar materials and information; and
       (B) be notified when new materials and information 
     described in subparagraph (A) relating to the child are 
     created or become available.

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

     SEC. 10421. FUNDING TO STATES TO CONDUCT STATE CRIMINAL 
                   CHECKS AND CHILD ABUSE AND NEGLECT CHECKS.

       (a) Definition.--In this section, the term ``State'' means 
     each of the 50 States of the United States and the District 
     of Columbia.
       (b) Payments to States To Conduct State Criminal Registry 
     or Repository Searches and To Conduct Child Abuse and Neglect 
     Checks.--
       (1) In general.--Using amounts appropriated pursuant to 
     section 10401(b) to carry out this section, the Secretary 
     shall, in accordance with this subsection, make payments to 
     States, through each agency in each State tasked with 
     administering the

[[Page S1183]]

     State criminal registry or repository required under section 
     10411(a)(1)(B) or the State child abuse and neglect registry 
     required under section 10411(a)(1)(D), to assist with 
     searches of such registries, repositories, or databases for 
     prospective sponsors of unaccompanied alien children and 
     resident adults in the home of such prospective sponsors, in 
     accordance with section 10411.
       (2) Allotments.--
       (A) State criminal registry and repository searches.--In 
     each fiscal year, using amounts appropriated pursuant to 
     section 10401(b) to carry out this section with respect to 
     the program providing payments to States to assist with 
     criminal registry or repository searches, the Secretary shall 
     allot to each State participating in such program, through 
     the agency in each such State tasked with administering the 
     State criminal registry or repository described in section 
     10411(a)(1)(B), an amount that bears the same relationship to 
     such funds as the number of searches of such State criminal 
     registry or repository conducted in accordance with section 
     10411(a)(1)(B) in the State bears to the total number of such 
     searches in all States participating in the program.
       (B) Child abuse and neglect checks.--In each fiscal year, 
     using amounts appropriated pursuant to section 10401(b) to 
     carry out this section with respect to the program providing 
     payments to States to assist with child abuse and neglect 
     registry and database searches, the Secretary shall allot to 
     each State participating in such program, through the agency 
     in each such State tasked with administering the State child 
     abuse and neglect registries and databases described in 
     section 10411(a)(1)(D), an amount that bears the same 
     relationship to such funds as the number of searches of such 
     child abuse and neglect registries and databases conducted in 
     accordance with section 10411(a)(1)(D) in the State bears to 
     the total number of such searches in all States participating 
     in the program.
       (C) Transition rule.--In the first fiscal year in which 
     funds are made available under this title to carry out this 
     section, the Secretary shall make allotments to each State 
     participating in the programs under this section in 
     accordance with subparagraphs (A) and (B), based on the 
     Secretary's estimate of the number of the searches described 
     in each such subparagraph, respectively, that each of the 
     States are expected to conduct in such fiscal year.
       (3) State applications.--Each State agency described in 
     paragraph (1) desiring an allotment under subparagraph (A) or 
     (B) of paragraph (2) shall submit an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require, which shall include an assurance that 
     the State agency will respond promptly to all requests from 
     the Director, within a reasonable time period determined by 
     the Director, to conduct a search required under section 
     10411 in a timely manner, and a description of how funds will 
     be used to meet such assurance.

     SEC. 10422. FUNDING TO SCHOOL DISTRICTS FOR UNACCOMPANIED 
                   ALIEN CHILDREN.

       (a) Grants Authorized.--Using amounts appropriated pursuant 
     to section 10401(b) to carry out this section, the Secretary 
     of Education shall award grants, on a competitive basis, to 
     eligible local educational agencies, or consortia of 
     neighboring local educational agencies, described in 
     subsection (b) to enable the local educational agencies or 
     consortia to enhance opportunities for, and provide services 
     to, immigrant children and youth, including unaccompanied 
     alien children, in the area served by the local educational 
     agencies or consortia.
       (b) Eligible Local Educational Agencies.--
       (1) In general.--A local educational agency, or a 
     consortium of neighboring local educational agencies, is 
     eligible for a grant under subsection (a) if, during the 
     fiscal year for which a grant is awarded under this section, 
     there are 50 or more unaccompanied alien children enrolled in 
     the public schools served by the local educational agency or 
     the consortium, respectively.
       (2) Determinations of number of unaccompanied alien 
     children.--The Secretary of Education shall determine the 
     number of unaccompanied alien children for purposes of 
     paragraph (1) based on the most accurate data available that 
     is provided to the Secretary of Education by the Director or 
     the Department of Homeland Security.
       (c) Applications.--A local educational agency, or a 
     consortia of neighboring local educational agencies, desiring 
     a grant under this section shall submit an application to the 
     Secretary of Education at such time, in such manner, and 
     containing such information, as the Secretary of Education 
     may require, including a description of how the grant will be 
     used to enhance opportunities for, and provide services to, 
     immigrant children and youth (including unaccompanied alien 
     children) and their families.

     SEC. 10423. IMMEDIATE ENROLLMENT OF UNACCOMPANIED ALIEN 
                   CHILDREN IN SCHOOLS.

       To be eligible for funding under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), a 
     local educational agency shall--
       (1) ensure that unaccompanied alien children in the area 
     served by the local educational agency are immediately 
     enrolled in school following placement with a sponsor; and
       (2) remove barriers to enrollment and full participation in 
     educational programs and services offered by the local 
     educational agency for unaccompanied alien children 
     (including barriers related to documentation, age, and 
     language), which shall include reviewing and revising 
     policies that may have a negative effect on such children.

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

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

     SEC. 10511. COURT APPEARANCE COMPLIANCE AND LEGAL 
                   ORIENTATION.

       (a) Access to Legal Orientation Programs To Ensure Court 
     Appearance Compliance.--
       (1) In general.--The Secretary of Homeland Security, in 
     consultation with the Attorney General, shall establish 
     procedures, consistent with the procedures established 
     pursuant to section 10412, to ensure that legal orientation 
     programs are available for all aliens detained by the 
     Department of Homeland Security.
       (2) Program elements.--Programs under paragraph (1) shall 
     inform aliens described in such paragraph regarding--
       (A) the basic procedures of immigration hearings;
       (B) their rights and obligations relating to such hearings 
     under Federal immigration laws to ensure appearance at all 
     immigration proceedings;
       (C) their rights under Federal immigration laws, including 
     available legal protections and the procedure for requesting 
     such protection;
       (D) the consequences of filing frivolous legal claims and 
     of failing to appear for proceedings; and
       (E) any other subject that the Attorney General considers 
     appropriate, such as a contact list of potential legal 
     resources and providers.
       (3) Eligibility.--An alien shall be given access to legal 
     orientation programs under this subsection regardless of the 
     alien's current immigration status, prior immigration 
     history, or potential for immigration relief.
       (b) Pilot Project for Nondetained Aliens in Removal 
     Proceedings.--
       (1) In general.--The Attorney General shall develop and 
     administer a 2-year pilot program at not fewer than 2 
     immigration courts to provide nondetained aliens with pending 
     asylum claims access to legal information.
       (2) Report.--At the conclusion of the pilot program under 
     this subsection, the Attorney General shall submit a report 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the extent to which nondetained aliens are 
     provided with access to counsel.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Executive Office of Immigration 
     Review of the Department of Justice such sums as may be 
     necessary to carry out this section.

     SEC. 10512. FAIR DAY IN COURT FOR KIDS.

       (a) Improving Immigration Court Efficiency and Reducing 
     Costs by Increasing Access to Legal Information.--
       (1) Appointment of counsel in certain cases; right to 
     review certain documents in removal proceedings.--Section 
     240(b) of the Immigration and Nationality Act (8 U.S.C. 
     1229a(b)) is amended--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) by striking ``, at no expense to the Government,''; and
       (II) by striking the comma at the end and inserting a 
     semicolon;

       (ii) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (D) and (E), respectively;
       (iii) by inserting after subparagraph (A) the following:
       ``(B) the Attorney General may appoint or provide counsel 
     to aliens in immigration proceedings;
       ``(C) at the beginning of the proceedings or as 
     expeditiously as possible, the alien shall automatically 
     receive a complete copy of the alien's Alien File (commonly 
     known as an `A-file') and Form I-862 (commonly known as a 
     `Notice to Appear') in the possession of the Department of 
     Homeland Security (other than documents protected from 
     disclosure by privilege, including national security 
     information referred to in subparagraph (D), law enforcement 
     sensitive information, and information prohibited from 
     disclosure pursuant to any other provision of law) unless the 
     alien waives the right to receive such documents by executing 
     a knowing and voluntary written waiver in a language that he 
     or she understands fluently;''; and
       (iv) in subparagraph (D), as redesignated, by striking ``, 
     and'' and inserting ``; and''; and
       (B) by adding at the end the following:
       ``(8) Failure to provide alien required documents.--In the 
     absence of a waiver under paragraph (4)(C), a removal 
     proceeding may not proceed until the alien--
       ``(A) has received the documents as required under such 
     paragraph; and
       ``(B) has been provided meaningful time to review and 
     assess such documents.''.
       (2) Clarification regarding the authority of the attorney 
     general to appoint counsel to aliens in immigration 
     proceedings.--Section 292 of the Immigration and Nationality 
     Act (8 U.S.C. 1362) is amended--
       (A) by striking ``In any'' and inserting the following:

[[Page S1184]]

       ``(a) In General.--In any'';
       (B) in subsection (a), as redesignated--
       (i) by striking ``(at no expense to the Government)''; and
       (ii) by striking ``he shall'' and inserting ``the person 
     shall''; and
       (C) by adding at the end the following:
       ``(b) Appointment of Counsel.--
       ``(1) In general.--The Attorney General may appoint or 
     provide counsel to aliens in any proceeding conducted under 
     section 235(b), 236, 238, 240, or 241 or any other section of 
     this Act.
       ``(2) Access to counsel.--The Secretary of Homeland 
     Security shall facilitate access to counsel for--
       ``(A) aliens in any proceeding conducted under section 
     235(b), 236, 238, 240, or 241; and
       ``(B) any individual detained inside an immigration 
     detention facility or a border facility.''.
       (3) Appointment of counsel for unaccompanied alien children 
     and vulnerable aliens.--
       (A) In general.--Section 292 of the Immigration and 
     Nationality Act (8 U.S.C. 1362), as amended by paragraph (2), 
     is further amended by adding at the end the following:
       ``(c) Unaccompanied Alien Children and Vulnerable Aliens.--
     Notwithstanding subsection (b), the Attorney General shall 
     appoint counsel, at the expense of the Government if 
     necessary, at the beginning of the proceedings or as 
     expeditiously as possible, to represent in such proceedings 
     any alien who has been determined by the Secretary of 
     Homeland Security or the Attorney General to be--
       ``(1) an unaccompanied alien child (as defined in section 
     462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)));
       ``(2) a particularly vulnerable individual, such as--
       ``(A) a person with a disability (as defined in section 3 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12102)); or
       ``(B) a victim of abuse, torture, or violence; or
       ``(3) an individual whose circumstances are such that the 
     appointment of counsel is necessary to help ensure fair 
     resolution and efficient adjudication of the proceedings.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Executive Office for Immigration 
     Review of the Department of Justice such sums as may be 
     necessary to carry out this section.''.
       (B) Rulemaking.--The Attorney General shall promulgate 
     regulations to implement section 292(c) of the Immigration 
     and Nationality Act, as added by subparagraph (A), in 
     accordance with the requirements set forth in section 3006A 
     of title 18, United States Code.
       (b) Case Management Pilot Program To Increase Court 
     Appearance Rates.--
       (1) Contract authority.--The Secretary of Homeland Security 
     shall establish a pilot program, which shall include the 
     services set forth in section 10413(a)(2), to increase the 
     court appearance rates of aliens described in paragraphs (2) 
     and (3) of section 292(c) of the Immigration and Nationality 
     Act, as added by subsection (a)(3)(A), by contracting with 
     nongovernmental, community-based organizations to provide 
     appropriate case management services to such aliens.
       (2) Scope of services.--Case management services provided 
     under paragraph (1) shall include assisting aliens with--
       (A) accessing legal counsel;
       (B) complying with court-imposed deadlines and other legal 
     obligations; and
       (C) accessing social services, as appropriate.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Department of Homeland Security 
     such sums as may be necessary to carry out this subsection.
       (c) Report on Access to Counsel.--
       (1) Report.--Not later than December 31 of each year, the 
     Secretary of Homeland Security, in consultation with the 
     Attorney General, shall prepare and submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives regarding the 
     extent to which aliens described in section 292(c) of the 
     Immigration and Nationality Act, as added by subsection 
     (a)(3)(A), have been provided access to counsel.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include, for the immediately preceding 1-year period--
       (A) the number and percentage of aliens described in 
     paragraphs (1), (2), and (3), respectively, of section 292(c) 
     of the Immigration and Nationality Act, as added by 
     subsection (a)(3)(A), who were represented by counsel, 
     including information specifying--
       (i) the stage of the legal process at which the alien was 
     represented; and
       (ii) whether the alien was in government custody; and
       (B) the number and percentage of aliens who received legal 
     orientation presentations.

      Subtitle B--Reducing Significant Delays in Immigration Court

     SEC. 10521. ELIMINATE IMMIGRATION COURT BACKLOGS.

       (a) Annual Increases in Immigration Judges.--The Attorney 
     General shall increase the total number of immigration judges 
     to adjudicate pending cases and efficiently process future 
     cases by at least--
       (1) 55 judges during fiscal year 2019;
       (2) an additional 55 judges during fiscal year 2020; and
       (3) an additional 55 judges during fiscal year 2021.
       (b) 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.
       (c) Annual Increases in Board of Immigration Appeals 
     Personnel.--The Attorney General shall increase the number of 
     Board of Immigration Appeals staff attorneys (including 
     necessary additional support staff) to efficiently process 
     cases by at least--
       (1) 23 attorneys during fiscal year 2019;
       (2) an additional 23 attorneys during fiscal year 2020; and
       (3) an additional 23 attorneys during fiscal year 2021.
       (d) 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. 10522. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND 
                   MEMBERS OF THE BOARD OF IMMIGRATION APPEALS.

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

     SEC. 10523. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.

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

           Subtitle C--Reducing the Likelihood of Remigration

     SEC. 10531. ESTABLISHING REINTEGRATION AND MONITORING 
                   SERVICES FOR REPATRIATING CHILDREN.

       (a) Consultation With UNHCR.--The Secretary of Homeland 
     Security, in coordination with the Secretary of Health and 
     Human Services and the Secretary of State, shall consult with 
     the United Nations High Commissioner for Refugees (referred 
     to in this section as the ``UNHCR'') to develop a child-
     centered repatriation process for unaccompanied children 
     being returned to their country of origin.
       (b) Collaboration With Regional Governments and 
     Nongovernmental Organizations.--The Secretary of State and 
     the Administrator of the United States Agency for 
     International Development, in coordination with the Secretary 
     of Homeland Security, shall collaborate with regional 
     governments and international and domestic nongovernmental 
     organizations to reduce children's need to remigrate by--
       (1) establishing and expanding comprehensive reintegration 
     services for repatriated unaccompanied children once returned 
     to their communities of origin;
       (2) establishing monitoring and verification services to 
     determine the well-being of repatriated children in order to 
     determine if United States protection and screening 
     functioned effectively in identifying persecuted and 
     trafficked children; and
       (3) providing emergency referrals to the UNHCR for 
     registration and safe passage to an established emergency 
     transit center for refugees for any repatriated children who 
     are facing immediate risk of harm.
                                 ______
                                 
  SA 2032. Mr. HOEVEN (for himself and Mr. Coons) 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:

     SEC. ___. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES.

       Section 203 of the Controlled Substances Act (21 U.S.C. 
     813) is amended by striking ``shall, to the extent intended 
     for human consumption,'' and inserting the following: ``that 
     is not a chemical substance subject to the Toxic Substances 
     Control Act (15 U.S.C. 2601 et seq.) shall''.
                                 ______
                                 
  SA 2033. Ms. WARREN submitted an amendment intended to be proposed by 
her 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:

[[Page S1185]]

  


     SEC. ___. REPORT ON THE EFFECTS OF DEPORTATION OF ALIENS 
                   SERVING IN THE ARMED FORCES ON MILITARY 
                   READINESS.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report setting forth an assessment by the Secretary of the 
     effects on military readiness of the deportation of aliens 
     who are serving in the Armed Forces, or who are about to 
     commence initial entry training in the Armed Forces, as of 
     the time of deportation.
                                 ______
                                 
  SA 2034. Ms. WARREN submitted an amendment intended to be proposed by 
her 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:

     SEC. ___. PAROLE IN PLACE OF SPOUSES, CHILDREN, AND PARENTS 
                   OF CERTAIN MEMBERS AND FORMER OF THE ARMED 
                   FORCES.

       (a) Parole in Place Required.--The Secretary of Homeland 
     Security shall, pursuant to section 212(a)(5)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(a)), 
     parole in place any alien who is the spouse, child, or parent 
     of the following:
       (1) A current or former member of a regular component of 
     the Armed Forces.
       (2) A current or former member of the Selected Reserve of 
     the Ready Reserve.
       (b) Exception.--Parole is not required under subsection (a) 
     to an alien otherwise described in that subsection if the 
     Secretary, in the Secretary's discretion, determines that 
     parole under this section is inadvisable based on the 
     Secretary's determination that the alien--
       (1) has been convicted of a criminal offense; or
       (2) presents another serious adverse factor.
       (c) Definitions.--In this section, the terms ``spouse'', 
     ``child'', and ``parent'' have the meaning given such terms 
     in section 101 of the Immigration and Nationality Act (8 
     U.S.C.
                                 ______
                                 
  SA 2035. Ms. WARREN submitted an amendment intended to be proposed by 
her 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:

     SEC. ___. PLAN ON THE HUMANE TREATMENT OF DETAINEES BY 
                   IMMIGRATION AND CUSTOMS ENFORCEMENT.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall, acting 
     though the Assistant Secretary of Homeland Security for 
     Immigration and Customs Enforcement, submit to Congress and 
     implement a plan for Immigration and Customs Enforcement to 
     address deficiencies in its detainee classification, use of 
     segregation and disciplinary actions, compliance with 
     grievance procedures, detainee care, and other deficiencies 
     cited in the report of the Inspector General of the 
     Department of Homeland Security entitled ``Concerns About ICE 
     Detainee Treatment and Care at Detention Facilities'' and 
     dated December 11, 2017.
                                 ______
                                 
  SA 2036. Ms. WARREN submitted an amendment intended to be proposed by 
her 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:

     SEC. ___. PAROLE IN PLACE OF SPOUSES, CHILDREN, AND PARENTS 
                   OF CITIZENS AND LAWFUL PERMANENT RESIDENTS 
                   SERVING IN CERTAIN PUBLIC SERVICE PROFESSIONS.

       (a) Parole in Place Required.--The Secretary of Homeland 
     Security shall, pursuant to section 212(a)(5)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(a)), 
     parole in place any alien who is the spouse, child, or parent 
     of a citizen or lawful permanent resident serving as any of 
     the following:
       (1) Law enforcement officer, official, or agent.
       (2) Firefighter.
       (3) Emergency medical technician.
       (4) Doctor, physician assistant, nurse, or other healthcare 
     provider.
       (5) First responder.
       (6) Teacher.
       (b) Exception.--Parole is not required under subsection (a) 
     to an alien otherwise described in that subsection if the 
     Secretary, in the Secretary's discretion, determines that 
     parole under this section is inadvisable based on the 
     Secretary's determination that the alien--
       (1) has been convicted of a criminal offense; or
       (2) presents another serious adverse factor.
       (c) Definitions.--In this section, the terms ``spouse'', 
     ``child'', and ``parent'' have the meaning given such terms 
     in section 101 of the Immigration and Nationality Act (8 
     U.S.C. 1101).
                                 ______
                                 
  SA 2037. Mr. UDALL 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:

     SEC. ___. DISTRICT JUDGES FOR THE DISTRICT COURTS.

       (a) Additional Permanent District Court Judgeships.--The 
     President shall appoint, by and with the advice and consent 
     of the Senate--
       (1) 7 additional district judges for the central district 
     of California;
       (2) 3 additional district judges for the eastern district 
     of California;
       (3) 2 additional district judges for the district of New 
     Mexico;
       (4) 2 additional district judges for the southern district 
     of Texas; and
       (5) 4 additional district judges for the western district 
     of Texas.
       (b) Conversions of Temporary District Court Judgeships.--
     The existing judgeships for the district of Arizona, the 
     central district of California, and the district of New 
     Mexico authorized by section 312(c) of the 21st Century 
     Department of Justice Appropriations Authorization Act 
     (Public Law 107-273, 28 U.S.C. 133 note), as of the effective 
     date of this Act, shall be authorized under section 133 of 
     title 28, United States Code, and the incumbents in those 
     offices shall hold the office under section 133 of title 28, 
     United States Code, as amended by this Act.
       (c) Tables.--In order that the table contained in section 
     133(a) of title 28, United States Code, will, with respect to 
     each judicial district, reflect the changes in the total 
     number of permanent district judgeships authorized as a 
     result of subsection (a)--
       (1) the item relating to Arizona is amended to read as 
     follows:


  ``Arizona.............................................           13'';
 

       (2) the item relating to California is amended to read as 
     follows:


  ``California:
  Northern..............................................              14
  Eastern...............................................               9
  Central...............................................              35
  Southern..............................................           13'';
 

       (3) the item relating to New Mexico is amended to read as 
     follows:


  ``New Mexico..........................................            9'';
 

     and
       (4) by striking the item relating to Texas and inserting 
     the following:


  ``Texas:
  Northern..............................................              12
  Southern..............................................              21
  Eastern...............................................               7
  Western...............................................           17''.
 

       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on January 21, 2021.
                                 ______
                                 
  SA 2038. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 1959 proposed by Mr. Grassley (for himself, Mrs. Ernst, 
Mr. Tillis, Mr. Lankford, Mr. Cotton, Mr. Perdue, Mr. Cornyn, Mr. 
Alexander, and Mr. Isakson) 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:

     SEC. ___. LIMITATION ON CONSTRUCTION OF NEW ELEMENTS OF THE 
                   PHYSICAL BARRIERS ALONG THE SOUTHERN BORDER 
                   PENDING A CERTIFICATION ON THE ACHIEVEMENT BY 
                   THE DEPARTMENT OF HOMELAND SECURITY OF CERTAIN 
                   STAFFING LEVELS.

       Notwithstanding any other provision of this Act, 
     construction of any new element of the physical barriers 
     along the southern border (other than construction for repair 
     or replacement of existing barrier elements) may not commence 
     until the Secretary of Homeland Security certifies, in 
     writing, to Congress that the total number of officers in the 
     Office of Field Operations of U.S. Customs and Border 
     Protection equals the number required for the fiscal year in 
     which the certification is submitted in the Workload Staffing 
     Model of U.S. Customs and Border Protection.
                                 ______
                                 
  SA 2039. Mr. CARPER (for himself, Mr. Heinrich, and Mr. Udall) 
submitted an amendment intended to be proposed to amendment SA 1958 
proposed by Mr. Schumer (for himself, Mr. Rounds, Mr. King, Ms. 
Collins, Mr. Manchin, Mr. Graham, Mr. Kaine, Mr. Flake, Mr. Coons, Mr. 
Gardner, Ms. Heitkamp, Ms. Murkowski, Mrs. Shaheen, Mr. Alexander, Ms. 
Klobuchar, Mr. Isakson, and Mr. Warner) 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:

[[Page S1186]]

  


     SEC. ___. PROTECTION OF CERTAIN NATIONAL WILDLIFE REFUGES AND 
                   WILDLIFE CORRIDORS.

       (a) In General.--The Secretary of Homeland Security may not 
     use any funds for the design and construction of physical 
     barriers along the border between the United States and 
     Mexico for pedestrian barriers at any of the following:
       (1) National Wildlife Refuge System land in the Lower Rio 
     Grande Valley, Texas.
       (2) The wildlife corridor in Hidalgo County, New Mexico, 
     from coordinates N. 31.3331, W. 108.714 to N. 31.3324, W. 
     108.786.
       (3) The wildlife corridor in the Chiricahua Mountains, from 
     coordinates N. 31.3324, W.108.982 to N. 31.3328, W. 109.092.
       (4) San Bernardino National Wildlife Refuge, Arizona.
       (5) The wildlife corridor in the Coronado National Forest, 
     Arizona, from coordinates N. 31.3336, W. 110.246 to N. 
     31.336, W. 110.782.
       (6) The wildlife corridor in the Buenos Aires National 
     Wildlife Refuge and the Coronado National Forest, Arizona, 
     from coordinates N. 31.3322, W. 111.038 to N. 31.3992, W. 
     111.283.
       (7) Cabeza Prieta National Wildlife Refuge, Arizona.
       (8) The wildlife corridor in Jacumba, California, from 
     coordinates N. 32.6272, W. 115.995 to N. 32.6242, W. 116.035.
       (b) Limitation.--The only physical barrier that may be 
     constructed at a wildlife refuge or wildlife corridor 
     described in subsection (a) shall be a vehicle barrier or 
     other barrier that--
       (1) meets operational needs;
       (2) does not impede the free movement of wildlife; and
       (3) does not create or exacerbate the potential for 
     flooding in the area.
                                 ______
                                 
  SA 2040. Mr. REED (for himself, Mr. Whitehouse, Ms. Klobuchar, and 
Ms. Smith) 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:

     SEC. ___. ADJUSTMENT OF STATUS OF CERTAIN NATIONALS OF 
                   LIBERIA.

       (a) Adjustment of Status.--
       (1) In general.--
       (A) Eligibility.--Except as provided in subparagraph (B), 
     the Secretary of Homeland Security shall adjust the status of 
     an alien described in subsection (b) to that of an alien 
     lawfully admitted for permanent residence if the alien--
       (i) applies for adjustment not later than 1 year after the 
     date of the enactment of this Act; and
       (ii) is otherwise eligible to receive an immigrant visa and 
     admissible to the United States for permanent residence, 
     except that, in determining such admissibility, the grounds 
     for inadmissibility specified in paragraphs (4), (5), (6)(A), 
     and (7)(A) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)) shall not apply.
       (B) Ineligible aliens.--An alien shall not be eligible for 
     adjustment of status under this section if the Secretary of 
     Homeland Security determines that the alien--
       (i) has been convicted of any aggravated felony (as defined 
     in section 101(a)(43) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(43)));
       (ii) has been convicted of 2 or more crimes involving moral 
     turpitude; or
       (iii) has 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.
       (2) Relationship of application to certain orders.--
       (A) In general.--An alien present in the United States who 
     has been subject to an order of exclusion, deportation, or 
     removal, or has been ordered to depart voluntarily from the 
     United States under any provision of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding 
     such order, apply for adjustment of status under paragraph 
     (1) if otherwise qualified under such paragraph.
       (B) Separate motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate the order described 
     in subparagraph (A).
       (C) Effect of decision by secretary.--If the Secretary of 
     Homeland Security adjusts the status of an alien pursuant to 
     an application under paragraph (1), the Secretary shall 
     cancel the order described in subparagraph (A). If the 
     Secretary of Homeland Security makes a final decision to deny 
     such adjustment of status, the order shall be effective and 
     enforceable to the same extent as if the application had not 
     been made.
       (b) Aliens Eligible for Adjustment of Status.--
       (1) In general.--The benefits provided under subsection (a) 
     shall apply to any alien--
       (A) who is--
       (i) a national of Liberia; and
       (ii) has been continuously present in the United States 
     between November 20, 2014, and the date on which the alien 
     submits an application under subsection (a); or
       (B) who is the spouse, child, or unmarried son or daughter 
     of an alien described in subparagraph (A).
       (2) Determination of continuous physical presence.--For 
     purposes of establishing the period of continuous physical 
     presence referred to in paragraph (1)(A)(ii), an alien shall 
     not be considered to have failed to maintain continuous 
     physical presence by reasons of an absence, or absences, from 
     the United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Secretary of Homeland Security shall 
     promulgate regulations establishing procedures through which 
     an alien, who is subject to a final order of deportation, 
     removal, or exclusion, may seek a stay of such order based 
     upon the filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision in the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary of Homeland Security may not 
     order an alien to be removed from the United States if the 
     alien is in exclusion, deportation, or removal proceedings 
     under any provision of such Act and has applied for 
     adjustment of status under subsection (a) unless the 
     Secretary has made a final determination to deny the 
     application.
       (3) Work authorization.--
       (A) In general.--The Secretary of Homeland Security may--
       (i) authorize an alien who has applied for adjustment of 
     status under subsection (a) to engage in employment in the 
     United States while a determination regarding such 
     application is pending; and
       (ii) provide the alien with an ``employment authorized'' 
     endorsement or other appropriate document signifying 
     authorization of employment.
       (B) Pending applications.--If an application for adjustment 
     of status under subsection (a) is pending for a period 
     exceeding 180 days and has not been denied, the Secretary 
     shall authorize such employment.
       (d) Record of Permanent Residence.--Upon the approval of an 
     alien's application for adjustment of status under subsection 
     (a), the Secretary of Homeland Security shall establish a 
     record of the alien's admission for permanent residence as of 
     the date of the alien's arrival in the United States.
       (e) Availability of Administrative Review.--The Secretary 
     of Homeland Security shall provide applicants for adjustment 
     of status under subsection (a) with the same right to, and 
     procedures for, administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); and
       (2) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).
       (f) Limitation on Judicial Review.--A determination by the 
     Secretary of Homeland Security regarding the adjustment of 
     status of any alien under this section is final and shall not 
     be subject to review by any court.
       (g) No Offset in Number of Visas Available.--The Secretary 
     of State shall not be required to reduce the number of 
     immigrant visas authorized to be issued under any provision 
     of the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) to offset the adjustment of status of an alien who has 
     been lawfully admitted for permanent residence pursuant to 
     this section.
       (h) Application of Immigration and Nationality Act 
     Provisions.--
       (1) Definitions.--Except as otherwise specifically provided 
     in this section, the definitions contained in the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in 
     this section.
       (2) Savings provision.--Nothing in this section may be 
     construed to repeal, amend, alter, modify, effect, or 
     restrict the powers, duties, function, or authority of the 
     Secretary of Homeland Security in the administration and 
     enforcement of the Immigration and Nationality Act or any 
     other law relating to immigration, nationality, or 
     naturalization.
       (3) Effect of eligibility for adjustment of status.--An 
     alien's eligibility to be lawfully admitted for permanent 
     residence under this section shall not preclude the alien 
     from seeking any status under any other provision of law for 
     which the alien may otherwise be eligible.
                                 ______
                                 
  SA 2041. Mr. CASSIDY 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:

     SEC. __. USING ILLICIT DRUG TRAFFICKING PROCEEDS FOR BORDER 
                   SECURITY ENHANCEMENTS.

       (a) Purpose.--The purpose of this section is to authorize 
     the use of illicit drug trafficking proceeds to pay for 
     physical barriers, tactical infrastructure, and technology in 
     the vicinity of the United States border, which will achieve 
     situational awareness and operational control of the border, 
     and increase the interdiction of illicit drugs entering the 
     United States and reduce bulk cash smuggling and trade-based 
     money laundering along the border.
       (b) Secure America Financing Corporation.--

[[Page S1187]]

       (1) Establishment.--There is established , as a special 
     purpose, public corporate entity, the Secure America 
     Financing Corporation (referred to in this subsection as the 
     ``Corporation''), which shall operate as an independent 
     instrumentality of the Federal Government.
       (2) Board.--
       (A) Composition.--The Corporation shall be overseen by a 
     Board, consisting of the Secretary of Homeland Security, the 
     Secretary of the Treasury, the Attorney General, or their 
     respective designees, as appointed by the President.
       (B) Terms.--Members of the Board shall serve, at the 
     pleasure of the President, for 4-year terms, or until a 
     successor is appointed by the President. Members of the Board 
     may be appointed to 1 additional 4-year term.
       (C) Compensation.--Members of the Board shall serve without 
     additional compensation.
       (D) Chairperson.--The Board shall annually elect a 
     Chairperson from among its members.
       (E) Meetings.--The Board shall meet not less frequently 
     than annually.
       (3) Purposes.--The purposes of the Corporation shall be--
       (A) to issue Secure America Bonds, in accordance with 
     paragraph (4);
       (B) to make the proceeds of such bonds available to the 
     Homeland Security Investigations directorate of U.S. 
     Immigration and Customs Enforcement and to U.S. Border Patrol 
     to enhance technological capacity; and
       (C) to manage surplus Asset Forfeiture Funds to redeem such 
     bonds.
       (4) Bonds.--
       (A) Issuance authorized.--The Corporation may issue bonds 
     (referred to in this section as ``Secure America Bonds'') in 
     such amounts and for such terms as the Board shall authorize 
     to provide the necessary funding for the technological 
     capacity enhancements that the Homeland Security 
     Investigations directorate determines appropriate.
       (B) Redemption.--Bonds issued pursuant to subparagraph (A) 
     may only be paid from funds managed by the Corporation, 
     including--
       (i) surplus amounts from the Asset Forfeiture Fund;
       (ii) proceeds of the sales of any such bonds;
       (iii) earnings on funds invested by the Corporation or the 
     indenture trustee;
       (iv) income generated by the activities of the Corporation; 
     and
       (v) such other funds as may become available.
       (C) Bankruptcy prohibited.--The Corporation may not file 
     for bankruptcy protection while any of the bonds issued by 
     the Corporation remain outstanding.
       (D) Limitation.--Bonds issued pursuant to subparagraph 
     (A)--
       (i) are not a debt or obligation of the Federal Government; 
     and
       (ii) are not backed by the full faith and credit of the 
     Federal Government.
       (5) Staffing.--
       (A) In general.--Employees of the Department of Homeland 
     Security and employees of the Department of the Treasury may 
     provide administrative support to the Corporation.
       (B) Professional services.--The Attorney General, or 
     designee, may serve as counsel to the Corporation and may 
     employee or retain such other attorneys as necessary. The 
     Corporation may employ or retain any other professionals, 
     consultants, agents, financial advisors, and accountants as 
     may be necessary to carry out the purposes set forth in 
     paragraph (3). The Board may determine the duties and 
     compensation of those employed or retained under this 
     subparagraph.
       (6) Financial management.--
       (A) Authority.--The Corporation is authorized to sell and 
     convey any of the assets of the Corporation, subject to the 
     approval of the Board.
       (B) Exemption from taxation.--The Corporation shall be 
     exempt from any taxation, fees, assessments, or similar 
     charges based on the real property or assets of the 
     Corporation.
       (7) Effect of dissolution.--Upon the dissolution of the 
     Corporation, title to all assets and properties of the 
     Corporation shall vest in and become the property of the 
     United States Treasury and shall be deposited into and 
     credited to the Asset Forfeiture Fund.
       (c) Use of Certain Forfeited Criminal Proceeds for Border 
     Security Measures.--Notwithstanding any other provision of 
     law, any funds that are criminally forfeited to the United 
     States pursuant to an order relating to a sentence of a 
     felony conviction by a district court of the United States of 
     an individual engaging in a continuing criminal enterprise 
     involving knowingly and intentionally distributing a 
     controlled substance, intending and knowing that such 
     substance would be unlawfully imported into the United States 
     from a place outside of the United States shall be used for 
     security measures along the international border between the 
     United States and Mexico, including the construction, 
     installation, deployment, operation, and maintenance of 
     physical barriers, tactical infrastructure, and technology in 
     the vicinity of such border, for the purpose of stemming the 
     flow of illegal narcotics into the United States and 
     furthering the security of the United States.
       (d) Reservation of Portion of Forfeits in the Department of 
     Justice Civil Asset Forfeiture Fund for Building a Physical 
     Barrier or Advanced Technology to Prevent Illegal Entry 
     Across the Southern Border.--
       (1) In general.--Section 524(c) of title 28, United States 
     Code, is amended--
       (A) in paragraph (1), by inserting ``, except as provided 
     in paragraph (12),'' before ``be available to the Attorney 
     General'';
       (B) in paragraph (8)(E), in the first sentence, by 
     inserting ``the construction, installation, deployment, 
     operation, and maintenance of physical barriers, tactical 
     infrastructure, and technology in the vicinity of the United 
     States border,'' after ``law enforcement,''; and
       (C) by adding at the end the following:
       ``(12)(A) Not later than on December 1 of each year, the 
     Attorney General shall submit to Congress a report on the 
     total of any amount in the Fund as of October 1 that are 
     derived from Mexican cartels.
       ``(B) Not later than 180 days after the date of enactment 
     of this paragraph, and occasionally thereafter, the Attorney 
     General shall submit to Congress a report on the amount in 
     the Fund that has historically been derived from Mexican 
     cartels.
       ``(C) Of the amount described in subparagraph (A), 50 
     percent shall be made available without fiscal year 
     limitation to install additional physical barriers and roads 
     (including the removal of obstacles to detection of illegal 
     entrants) in the vicinity of the United States border to 
     deter illegal crossings in areas of high illegal entry into 
     the United States.''.
       (2) Limitation on release of property.--Section 983(f)(8) 
     of title 18, United States Code, is amended--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) is currency or contraband likely to belong to or used 
     in support of a foreign, illegal trafficking organization.''.
       (e) Use of Bond Proceeds.--
       (1) Improving data analytics.--The Secretary of Homeland 
     Security, in consultation with the Executive Associate 
     Director for Homeland Security Investigations and the Chief, 
     U.S. Border Patrol, may use proceeds from Secure America 
     Bonds--
       (A) to improve the use of data and advanced analytics to 
     target drugs entering the United States, bulk cash smugglers, 
     and trade-based money laundering;
       (B) to prioritize the use of ``big data'' to enhance the 
     analysis of information that may lead to an increase in drug 
     seizures near the border, the interdiction of smuggled bulk 
     cash, and the identification of invoice misrepresentation 
     that leads to trade-based money laundering;
       (C) to increase the technological capacity to gather and 
     develop information about persons, events, and cargo of 
     interest;
       (D) to integrate data with analytical tools capable of--
       (i) detecting trends, patterns, and emerging threats; and
       (ii) identifying nonobvious relationships between persons, 
     events, and cargo to generate the necessary tools to increase 
     seizures; and
       (E) to procure technology for advanced analytics to target 
     drugs coming into the United States, bulk cash smuggling, and 
     trade-based money laundering.
       (2) Physical barriers.--The Secretary of Homeland Security, 
     in consultation with the Chief, U.S. Border Patrol, may use 
     proceeds from Secure America Bonds--
       (A) to achieve situational awareness and operational 
     control of the southwest border using terrain, barriers, and 
     technological and human resources to force smugglers to use 
     certain routes and border crossings;
       (B) to construct, install, deploy, operate, and permanently 
     maintain physical barriers, tactical infrastructure, and 
     technology in the vicinity of the southwest border.
       (3) Staffing.--The Secretary of Homeland Security, in 
     consultation with the Executive Associate Director for 
     Homeland Security Investigations, may use proceeds from 
     Secure America Bonds to employ the necessary analysts to 
     carry out the data analytics described in paragraph (1).
       (f) Rules of Civil Forfeiture.--
       (1) Civil forfeiture.--Section 983(b) of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(5) In any law enforcement action in which assets may be 
     seized under this subsection, the law enforcement officer may 
     not barter with or otherwise pressure the owner of the assets 
     to be seized to waive any rights relating to the recovery of 
     such assets.''.
       (2) General rules for civil forfeiture proceedings.--
     Section 983(c) of title 18, United States Code, is amended--
       (A) in paragraph (1), by striking ``a preponderance of the 
     evidence'' and inserting ``clear and convincing evidence'';
       (B) in paragraph (2), by striking ``a preponderance of the 
     evidence'' and inserting ``clear and convincing evidence''; 
     and
       (C) in paragraph (3), by inserting ``, by clear and 
     convincing evidence,'' after ``establish''.
       (3) Reporting requirement.--The Attorney General shall 
     submit an annual report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the Senate, the Committee on Homeland Security 
     of the House of Representatives, and the Committee on the 
     Judiciary of the House of Representatives that includes a 
     detailed record, for the reporting period, of all civil and

[[Page S1188]]

     criminal asset seizures and forfeitures authorized under 
     chapter 46 of title 18, United States Code, including--
       (A) the specific assets seized, including the quantity and 
     value of such assets;
       (B) the alleged criminal conduct giving rise to the seizure 
     or forfeiture;
       (C) whether anyone was arrested or convicted of the alleged 
     criminal conduct;
       (D) whether the forfeiture action was challenged by the 
     owner of the assets;
       (E) the final disposition of the assets; and
       (F) if the assets were sold, how the proceeds of the assets 
     were used.
       (g) Department of the Treasury Forfeiture Fund.--Section 
     9705 of title 31, United States Code, is amended--
       (1) in subsection (a)(1), by adding at the end the 
     following:
       ``(K) Payment to enhance border security.''; and
       (2) in subsection (g)(4)(B), by inserting ``, including the 
     construction, installation, deployment, operation, and 
     maintenance of physical barriers, tactical infrastructure, 
     and technology in the vicinity of such border,'' after ``law 
     enforcement activities''.
                                 ______
                                 
  SA 2042. Mr. ALEXANDER (for Mr. Flake) proposed an amendment to the 
bill S. 946, to require the Secretary of Veterans Affairs to hire 
additional Veterans Justice Outreach Specialists to provide treatment 
court services to justice-involved veterans, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Treatment Court 
     Improvement Act of 2018''.

     SEC. 2. HIRING BY DEPARTMENT OF VETERANS AFFAIRS OF 
                   ADDITIONAL VETERANS JUSTICE OUTREACH 
                   SPECIALISTS.

       (a) Hiring of Additional Veterans Justice Outreach 
     Specialists.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall hire not fewer than 50 Veterans Justice Outreach 
     Specialists and place each such Veterans Justice Outreach 
     Specialist at an eligible Department of Veterans Affairs 
     medical center in accordance with this section.
       (2) Requirements.--The Secretary shall ensure that each 
     Veterans Justice Outreach Specialist employed under paragraph 
     (1)--
       (A) serves, either exclusively or in addition to other 
     duties, as part of a justice team in a veterans treatment 
     court or other veteran-focused court; and
       (B) otherwise meets Department hiring guidelines for 
     Veterans Justice Outreach Specialists.
       (3) Supplement not supplant.--The Secretary shall ensure 
     that the total number of Veterans Justice Outreach 
     Specialists employed by the Department is not less than the 
     sum of--
       (A) the total number of Veterans Justice Outreach 
     Specialists that were employed by the Department on the day 
     before the date of the enactment of this Act; and
       (B) the number of Veterans Justice Outreach Specialists set 
     forth in paragraph (1).
       (b) Eligible Department of Veterans Affairs Medical 
     Centers.--For purposes of this section, an eligible 
     Department of Veterans Affairs medical center is any 
     Department of Veterans Affairs medical center that--
       (1) complies with all Department guidelines and regulations 
     for placement of a Veterans Justice Outreach Specialist;
       (2) works within a local criminal justice system with 
     justice-involved veterans;
       (3) maintains an affiliation with one or more veterans 
     treatment courts or other veteran-focused courts; and
       (4) either--
       (A) routinely provides Veterans Justice Outreach 
     Specialists to serve as part of a justice team in a veterans 
     treatment court or other veteran-focused court; or
       (B) establishes a plan that is approved by the Secretary to 
     provide Veterans Justice Outreach Specialists employed under 
     subsection (a)(1) to serve as part of a justice team in a 
     veterans treatment court or other veteran-focused court.
       (c) Placement Priority.--The Secretary shall prioritize the 
     placement of Veterans Justice Outreach Specialists employed 
     under subsection (a)(1) at eligible Department of Veterans 
     Affairs medical centers that have or intend to establish an 
     affiliation, for the purpose of carrying out the Veterans 
     Justice Outreach Program, with a veterans treatment court, or 
     other veteran-focused court, that--
       (1) was established on or after the date of the enactment 
     of this Act; or
       (2)(A) was established before the date of the enactment of 
     this Act; and
       (B) is not fully staffed with Veterans Justice Outreach 
     Specialists.
       (d) Reports.--
       (1) Periodic reports by secretary of veterans affairs.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act and not less frequently than once 
     every year thereafter, the Secretary of Veterans Affairs 
     shall submit to Congress a report on the implementation of 
     this section and its effect on the Veterans Justice Outreach 
     Program.
       (B) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (i) The status of the efforts of the Secretary to hire 
     Veterans Justice Outreach Specialists pursuant to subsection 
     (a)(1), including the total number of Veterans Justice 
     Outreach Specialists hired by the Secretary pursuant to such 
     subsection and the number that the Secretary expects to hire 
     pursuant to such subsection.
       (ii) The total number of Veterans Justice Outreach 
     Specialists assigned to each Department of Veterans Affairs 
     medical center that participates in the Veterans Justice 
     Outreach Program, including the number of Veterans Justice 
     Outreach Specialists hired under subsection (a)(1) 
     disaggregated by Department of Veterans Affairs medical 
     center.
       (iii) The total number of eligible Department of Veterans 
     Affairs medical centers that sought placement of a Veterans 
     Justice Outreach Specialist under subsection (a)(1), how many 
     Veterans Justice Outreach Specialists each such center 
     sought, and how many of such medical centers received no 
     placement of a Veterans Justice Outreach Specialist under 
     subsection (a)(1).
       (iv) The total number of justice-involved veterans who were 
     served or are expected to be served by a Veterans Justice 
     Outreach Specialist hired under subsection (a)(1).
       (2) Report by comptroller general of the united states.--
       (A) In general.--Not later than two years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on the 
     implementation of this section and the effectiveness of the 
     Veterans Justice Outreach Program.
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) An assessment of whether the Secretary has fulfilled 
     the Secretary's obligations under this section.
       (ii) The number of veterans who are served by Veterans 
     Justice Outreach Specialists hired under subsection (a)(1), 
     disaggregated by demographics (including discharge status).
       (iii) An identification of any subgroups of veterans who 
     underutilize services provided under laws administered by the 
     Secretary and to which they are referred by a Veterans 
     Justice Outreach Specialist.
       (iv) Such recommendations as the Comptroller General may 
     have for the Secretary to improve the effectiveness of the 
     Veterans Justice Outreach Program.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of Veterans Affairs to carry out subsection (a) 
     $5,500,000 for each of fiscal years 2018 through 2028.
       (2) Identification of offsets.--The Secretary shall submit 
     to Congress a report that identifies such legislative or 
     administrative actions as the Secretary determines will 
     result in a reduction in expenditures by the Department of 
     Veterans Affairs that is equal to or greater than the amounts 
     authorized to be appropriated by paragraph (1).
       (f) Definitions.--In this section:
       (1) Justice team.--The term ``justice team'' means the 
     group of individuals, which may include a judge, court 
     coordinator, prosecutor, public defender, treatment provider, 
     probation or other law enforcement officer, program mentor, 
     and Veterans Justice Outreach Specialist, who assist justice-
     involved veterans in a veterans treatment court or other 
     veteran-focused court.
       (2) Justice-involved veteran.--The term ``justice-involved 
     veteran'' means a veteran with active, ongoing, or recent 
     contact with some component of a local criminal justice 
     system.
       (3) Local criminal justice system.--The term ``local 
     criminal justice system'' means law enforcement, jails, 
     prisons, and Federal, State, and local courts.
       (4) Veterans justice outreach program.--The term ``Veterans 
     Justice Outreach Program'' means the program through which 
     the Department of Veterans Affairs identifies justice-
     involved veterans and provides such veterans with access to 
     Department services.
       (5) Veterans justice outreach specialist.--The term 
     ``Veterans Justice Outreach Specialist'' means an employee of 
     the Department of Veterans Affairs who serves as a liaison 
     between the Department and the local criminal justice system 
     on behalf of a justice-involved veteran.
       (6) Veterans treatment court.--The term ``veterans 
     treatment court'' means a Federal, State, or local court that 
     is participating in the veterans treatment court program (as 
     defined in section 2991(i)(1) of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3797aa(i)(1))).
                                 ______
                                 
  SA 2043. Mr. THUNE (for himself, Mr. Portman, and Mr. Moran) 
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:

     SEC. __. PROVIDING LEGAL PROTECTION FOR CERTAIN CHILDHOOD 
                   ARRIVALS.

       (a) Definitions.--In this section:
       (1) Eligible individual.--The term ``eligible individual'' 
     means an individual who meets the eligibility criteria 
     described in subsection (b)(2).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

[[Page S1189]]

       (b) Deferred Action Status.--
       (1) Program authorized.--The Secretary shall establish a 
     program through which an eligible individual may apply for 
     deferred action status.
       (2) Eligibility criteria.--An individual shall be eligible 
     for deferred action status under the program established 
     under paragraph (1) if the individual--
       (A) on June 15, 2012, was under the age of 31 years;
       (B) entered the United States--
       (i) on a date on which the alien was under the age of 16 
     years; and
       (ii) without inspection or lawful status before June 15, 
     2012;
       (C) has continuously resided in the United States since 
     June 15, 2007;
       (D) was physically present in the United States--
       (i) on June 15, 2012; and
       (ii) on the date on which the Secretary makes a 
     determination with respect to the eligibility of the 
     individual for deferred action status;
       (E)(i) is in school;
       (ii) has--
       (I) graduated from high school; or
       (II) obtained--

       (aa) a certificate of completion from a high school; or
       (bb) a general education development certificate; or

       (iii) is--
       (I) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code), including a member 
     of the National Guard or Reserves; or
       (II) a veteran, as defined in section 101 of title 38, 
     United States Code, except that an individual discharged 
     other than honorably is excluded;
       (F) has not been convicted of--
       (i) a felony;
       (ii) a significant misdemeanor; or
       (iii) 3 or more misdemeanor offenses;
       (G) does not pose a threat to national security or public 
     safety; and
       (H) was granted deferred action status before the date of 
     the enactment of this Act.
       (3) Period of deferred action status.--
       (A) In general.--Subject to subparagraph (B), deferred 
     action status granted under this subsection shall be valid 
     for a period of 2 years beginning on the date on which the 
     Secretary grants deferred action status to the eligible 
     individual.
       (B) Renewal.--
       (i) In general.--On application to the Secretary, deferred 
     action status granted under this subsection may be renewed 
     for additional 2-year periods.
       (ii) Renewal application.--Not more than 120 days before 
     the date on which the deferred action status of an eligible 
     individual expires, the eligible individual may submit to the 
     Secretary an application for renewal of deferred action 
     status.

     SEC. __. BORDER SECURITY TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a trust fund to be known as the Border 
     Security Trust Fund (in this section referred to as the 
     ``Trust Fund''), consisting of amounts appropriated to the 
     Trust Fund under subsection (b) and any amounts that may be 
     credited to the Trust Fund under subsection (c).
       (b) Appropriation.--There are appropriated to the Trust 
     Fund $25,000,000,000, to remain available until expended.
       (c) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Trust Fund as is not required to meet 
     current withdrawals in interest-bearing obligations of the 
     United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       (2) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Trust Fund shall be credited to and form a part of the 
     Trust Fund.
       (d) Availability of Amounts.--
       (1) In general.--Subject to paragraph (2), amounts in the 
     Trust Fund shall be available to the Secretary of Homeland 
     Security, without further appropriation, for--
       (A) construction of not fewer than 700 miles of reinforced 
     fencing, excluding vehicle barriers;
       (B) installation of additional physical barriers;
       (C) construction and maintenance of access and patrol 
     roads;
       (D) lighting;
       (E) an interlocking surveillance camera system;
       (F) remote sensors; and
       (G) the purchase from the Secretary of Defense of surplus 
     aircraft and unmanned aircraft systems.
       (2) Limitation.--Not more than $5,000,000,000 of the amount 
     in the Trust Fund may be obligated and expended in any fiscal 
     year.

     SEC. ___. ANNUAL REPORT ON BORDER SECURITY.

       Not less frequently than once each fiscal year, the 
     Secretary of Homeland Security shall submit annually to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report that describes for the 
     applicable fiscal year--
       (1) the status of the construction of fencing and security 
     improvements at United States borders; and
       (2) the estimated number of unlawful border crossings.

                          ____________________