[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3389-S3390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2578. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 12__. ROLE OF DEPARTMENT OF STATE REGARDING DESIGNATIONS 
                   AND EXTENSIONS OF DESIGNATIONS OF TEMPORARY 
                   PROTECTED STATUS.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Embassies in Honduras, El Salvador, 
     and Haiti recommended that it would be in the United States 
     national interest to extend temporary protected status (TPS) 
     designations for each such country, per diplomatic cables 
     sent in June 2017, July 2017, and August 2017, respectively.
       (2) The United States Embassy in Haiti, in a diplomatic 
     cable sent in August 2017, stated that repatriating tens of 
     thousands of TPS beneficiaries and their United States 
     citizen children would pose challenges to the ability of the 
     Haitian National Police to guarantee security throughout 
     Haiti.
       (3) In his October 31, 2017, letter to the Department of 
     Homeland Security, then Secretary of State Rex Tillerson 
     warned that terminating the TPS designations for El Salvador 
     and Honduras may lead to retaliatory actions by both 
     governments that would be counter to United States national 
     security interests, including a potential reduction in 
     bilateral cooperation to address narcotics trafficking and 
     the illicit activities of criminal gangs, such as MS-13.
       (4) In recommendations accompanying then Secretary 
     Tillerson's October 31, 2017, letter to the Department of 
     Homeland Security, the Department of State warned that the 
     prevalence of violence and lack of economic opportunities in 
     El Salvador and Honduras would leave some repatriated TPS 
     beneficiaries and their accompanying United States citizen 
     children vulnerable to recruitment by criminal gangs, such as 
     MS-13, or other forms of illicit employment.
       (5) The Executive announced the termination of the TPS 
     designations for El Salvador and Haiti in November 2017 and 
     for Honduras in May 2018.
       (b) Role of Department of State Regarding Designations.--
     Section 244(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1254a(b)(1)) is amended by inserting ``in coordination 
     with the Secretary of State, and'' before ``after 
     consultation with appropriate agencies of the Government''.

[[Page S3390]]

       (c) Role of Department of State Regarding Extension or 
     Termination of Designations.--Section 244(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is 
     amended--
       (1) by redesignating subparagraphs (A), (B), and (C) as 
     subparagraphs (B), (C), and (D) respectively;
       (2) by inserting before subparagraph (B) the following:
       ``(A) Assessment of country conditions.--Not less than 90 
     days before the date on which the initial period of 
     designation or any extended period of designation of a 
     foreign state (or a part of a foreign state) under this 
     section ends, the Secretary of State shall submit to the 
     Secretary of Homeland Security--
       ``(i) an assessment of the conditions in the foreign state 
     (or the part of the foreign state) based on 1 or more reports 
     from the United States Embassy located in the foreign state; 
     and
       ``(ii) a recommendation for whether such designation should 
     be extended.'';
       (3) in subparagraph (B), as redesignated in paragraph (1), 
     by inserting ``in coordination with the Secretary of State, 
     and'' before ``after consultation with appropriate agencies 
     of the Government'';
       (4) in subparagraph (C), as redesignated in paragraph (1), 
     by inserting ``, in coordination with the Secretary of 
     State,'' before ``determines under subparagraph (A)''; and
       (5) in subparagraph (D), as redesignated in paragraph (1), 
     by inserting ``, in coordination with the Secretary of 
     State,'' before ``does not determine under subparagraph 
     (A)''.
       (d) Report on the Role of the Department State Regarding 
     Designations and Extension or Termination of Designations.--
     Section 244(b) of the Immigration and Nationality Act (8 
     U.S.C. 1254a(b)) is amended by adding at the end the 
     following new paragraph:
       ``(6) Report.--
       ``(A) In general.--The Secretary of State shall submit to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report that includes the assessment and recommendation 
     submitted to the Secretary of Homeland Security at the time 
     at which--
       ``(i) a foreign state is designated for temporary protected 
     status; or
       ``(ii) the existing designation of a foreign state for 
     temporary protected status is extended or terminated.
       ``(B) Matters to be included.--The report under 
     subparagraph (A) shall include assessments and 
     recommendations submitted to the Secretary of State by--
       ``(i) each relevant bureau of the Department of State; and
       ``(ii) the United States Embassy located in the applicable 
     foreign state.''.

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