[Congressional Record Volume 164, Number 30 (Thursday, February 15, 2018)]
[Senate]
[Pages S1176-S1184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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