[Congressional Record Volume 164, Number 163 (Tuesday, October 2, 2018)]
[Senate]
[Pages S6439-S6450]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
By Mr. SCHUMER (for himself, Mr. Durbin, Mrs. Murray, Mr.
Menendez, Mrs. Feinstein, Mr. Carper, Ms. Heitkamp, Mr. Warner,
Ms. Baldwin, Mr. Murphy, Ms. Cortez Masto, Ms. Duckworth, Mrs.
Gillibrand, Ms. Warren, Ms. Hirono, Mr. Wyden, Mr. Booker, Mr.
Van Hollen, Mr. Sanders, Mr. Jones, Mr. Bennet, Mr. Blumenthal,
Mr. Schatz, Mr. Markey, Ms. Klobuchar, Mr. Cardin, Mr. Udall,
Mr. Kaine, Mr. Reed, Mr. Leahy, and Mr. Heinrich):
S. 3540. A bill to provide a coordinated regional response to manage
effectively the endemic violence and humanitarian crisis in El
Salvador, Guatemala, and Honduras; to the Committee on the Judiciary.
S. 3540
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S6440]]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Central
America Reform and Enforcement Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
TITLE I--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. 111. United States Strategy for Engagement in Central America.
Sec. 112. Authorization of appropriations for United States Strategy
for Engagement in Central America.
Sec. 113. Strengthening the rule of law and combating corruption.
Sec. 114. Combating criminal violence and improving citizen security.
Sec. 115. Tackling extreme poverty and advancing economic development.
Subtitle B--Conditions, Limitations, and Certifications on United
States Assistance
Sec. 121. Assistance funding available without condition.
Sec. 122. Conditions on assistance related to combating, smuggling, and
providing for screening and safety of migrants.
Sec. 123. Conditions on assistance related to progress on specific
issues.
Sec. 124. Additional limitations.
Subtitle C--Effectively Coordinating United States Engagement in
Central America
Sec. 131. United States Coordinator for Engagement in Central America.
Subtitle D--United States Leadership for Engaging International Donors
and Partners
Sec. 141. Requirement for strategy to secure support of international
donors and partners.
TITLE II--CRACKING DOWN ON CRIMINAL GANGS, CARTELS, AND COMPLICIT
OFFICIALS
Subtitle A--Strengthening Cooperation Among Law Enforcement Agencies To
Target Smugglers and Traffickers
Sec. 211. Enhanced international cooperation to combat human smuggling
and trafficking.
Sec. 212. Enhanced investigation and prosecution of human smuggling and
trafficking.
Sec. 213. Information campaign on dangers of irregular migration.
Subtitle B--Strengthening the Ability of the United States Government
To Crack Down on Smugglers, Traffickers, and Drug Cartels
Sec. 221. Enhanced penalties for organized smuggling schemes.
Sec. 222. Expanding financial sanctions on narcotics trafficking and
money laundering.
Sec. 223. Support for FBI transnational anti-gang task forces for
countering criminal gangs.
Sec. 224. Sense of Congress regarding the expansion of targeted
sanctions related to corruption and human rights abuses.
Subtitle C--Creating New Penalties for Hindering Immigration, Border,
and Customs Controls
Sec. 231. Hindering immigration, border, and customs controls.
TITLE III--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF
REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION AND BY
STRENGTHENING REPATRIATION INITIATIVES
Subtitle A--Providing Alternative Safe Havens in Mexico and the Region
Sec. 311. Strengthening internal asylum systems in Mexico and other
countries.
Subtitle B--Expanding Refugee Processing in Mexico and Central America
for Third Country Resettlement
Sec. 321. Expanding refugee processing in Mexico and Central America
for third country resettlement.
Subtitle C--Establishing Legal Channels to the United States
Sec. 331. Program to adjust the status of certain vulnerable refugees
from Central America.
TITLE IV--MONITORING AND SUPPORTING UNACCOMPANIED ALIEN CHILDREN AFTER
PROCESSING AT THE BORDER
Sec. 401. Definitions; authorization of appropriations.
Sec. 402. Family reunification.
Sec. 403. Authorization of appropriations.
Subtitle A--Strengthening the Government's Ability To Oversee the
Safety and Well-being of Children and Support Children Forcibly
Separated From Their Families
Sec. 411. Health care in shelters for unaccompanied alien children.
Sec. 412. Services to unaccompanied alien children after placement.
Sec. 413. Background checks to ensure the safe placement of
unaccompanied alien children.
Sec. 414. Responsibility of sponsor for immigration court compliance
and child well-being.
Sec. 415. Monitoring unaccompanied alien children.
Subtitle B--Funding to States and School Districts; Supporting
Education and Safety
Sec. 421. Funding to States to conduct State criminal checks and child
abuse and neglect checks.
Sec. 422. Unaccompanied alien children in schools.
TITLE V--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. 511. Court appearance compliance and legal orientation.
Sec. 512. Fair day in court for kids.
Sec. 513. Access to counsel and legal orientation at detention
facilities.
Sec. 514. Report on access to counsel.
Sec. 515. Authorization of appropriations.
Subtitle B--Reducing Significant Delays in Immigration Court
Sec. 521. Eliminate immigration court backlogs.
Sec. 522. Improved training for immigration judges and members of the
Board of Immigration Appeals.
Sec. 523. New technology to improve court efficiency.
Subtitle C--Reducing the Likelihood of Repeated Migration to the United
States
Sec. 531. Establishing reintegration and monitoring services for
repatriating children.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 2008, incidents of murder, other violent crime,
and corruption perpetrated by criminal networks, armed gangs
and groups, and illicit trafficking organizations have
remained at alarmingly levels in El Salvador, Guatemala, and
Honduras.
(2) In 2017, El Salvador and Honduras--
(A) continued to be among the most violent countries in
Latin America and the world, with 60 and 42 murders for every
100,000 people, respectively; and
(B) were characterized by a high prevalence of gang-related
violence and crimes involving sexual and gender-based
violence.
(3) El Salvador and Honduras are both among the top 3
countries in the world with the highest child homicide rates,
with more than 22 and 32 deaths per 100,000 children
respectively, according to the nongovernmental organization
Save the Children.
(4) A November 2017 report by the United Nations
Development Programme and UN Women stated that femicide ``is
taking on a devastating magnitude and trend in Central
America, where 2 in every 3 women murdered, are killed
because of their gender.''.
(5) Since 2014, elevated numbers of unaccompanied minors,
women, and other vulnerable individuals have fled violence in
Central America's Northern Triangle and left for the United
States in search of protection.
(6) Unaccompanied minors emigrating from El Salvador,
Guatemala, and Honduras cite violence, forced gang
recruitment, extortion, poverty, and lack of opportunity as
reasons for leaving their home countries.
(7) Challenges to the rule of law in the Northern Triangle
continue to be exacerbated by high levels of impunity related
to murders and violent crime. In 2015, approximately 95
percent of murders taking place in Honduras and El Salvador
remained unresolved.
(8) The presence of major drug trafficking organizations in
the Northern Triangle contributes to violence, corruption,
and criminality. According to the Department of State's 2017
International Narcotics Control Strategy Report, El Salvador,
Guatemala, and Honduras continue to be transit countries for
illicit drugs originating from countries in South America
that are destined for the United States.
(9) In June 2018, the Office of the United Nations High
Commissioner for Human Rights found that in El Salvador, a
pattern of behavior among security personnel and weak
institutional responses may have resulted in extrajudicial
executions and excessive use of force, with official figures
indicating an alarming increase in the number of persons
(alleged gang-members) who have been killed by security
personnel.
(10) Widespread public sector corruption in the Northern
Triangle undermines economic and social development and
directly affects regional political stability.
(11) Human rights defenders, journalists, trade unionists,
social leaders, and LGBT activists in the Northern Triangle
face dire conditions, as evidenced by--
(A) the March 2016 murder of the prominent Honduran
environmental activist, Berta Caceres; and
(B) the ongoing targeted killing of civil society leaders
in all 3 countries in the Northern Triangle.
(12) The Northern Triangle struggles with high levels of
economic insecurity. In 2016, 60.9 percent of Hondurans and
38 percent of Salvadorans lived below the poverty line. In
2014, 59.3 percent of Guatemalans lived below the poverty
line.
(13) Weak investment climates, low levels of tax
collection, and low levels of educational opportunity are
barriers to inclusive economic growth and social development
in the Northern Triangle.
[[Page S6441]]
(14) In January 2018 and May 2018, the Trump Administration
announced the termination of Temporary Protected Status
designations for Honduras and El Salvador, respectively,
which would affect more than 500,000 individuals and their
United States citizen children who may have to return to
dangerous conditions in those countries.
(15) In a November 2017 letter to the Department of
Homeland Security, then Secretary of State Rex Tillerson
warned that as a result of ending Temporary Protected Status,
the Governments of El Salvador and Honduras ``may take
retaliatory actions counter to our long-standing national
security and economic interests like withdrawing their
counternarcotics and anti-gang cooperation with the United
States, reducing their willingness to accept the return of
their deported citizens, or refraining from efforts to
control illegal migration.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States support is necessary to address irregular
migration by addressing the violence and humanitarian crisis
in the Northern Triangle, which has resulted in the elevated
numbers of Central American unaccompanied children, women,
and other refugees and migrants arriving at the Southwestern
border of the United States;
(2) the violence and humanitarian crisis is linked to the
severe challenges posed by--
(A) high rates of homicide, sexual and gender-based
violence, and violent crime perpetrated by armed criminal
actors, including drug trafficking organizations and criminal
gangs, such as the MS-13 and 18th Street gangs;
(B) endemic corruption carried out by organized networks
and the weak rule of law, including the limited institutional
capacity of national police forces, public prosecutors, and
court systems; and
(C) the limited capabilities and lack of political will on
the part of Northern Triangle governments to establish the
rule of law, guarantee security, and ensure the well-being of
their citizens;
(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 guarantee protections for 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 United States Strategy for Engagement in Central
America, as first developed 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) the Trump Administration's proposed cuts in United
States foreign assistance for Central America for fiscal
years 2018 and 2019, if implemented, would undermine the
United States ability to work with the Governments of El
Salvador, Guatemala, and Honduras to address critical United
States national security priorities and the factors driving
migration to the United States;
(7) the Trump Administration must reverse its decision to
terminate the Temporary Protected Status designations for El
Salvador and Honduras in order to prevent negative
consequences to United States foreign policy objectives;
(8) the United States should partner with the Government of
Mexico--
(A) to strengthen Mexico's internal asylum system; and
(B) ensure that Mexico upholds international and
humanitarian standards;
(9) combating corruption in the Northern Triangle must
remain a critical priority and the United States must
continue its public and financial support for 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) as
part of this effort;
(10) the Government of Guatemala should reverse its
efforts--
(A) to terminate CICIG's mandate; and
(B) to undermine the effectiveness of CICIG's ongoing
operations, including prohibiting the current CICIG
Commissioner from entering the country; and
(11) it is imperative for the United States to implement a
multi-year strategy and sustain a long-term commitment to
addressing the underlying 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. 4. DEFINITIONS.
In this Act:
(1) 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)).
(2) Northern triangle.--The term ``Northern Triangle''
means El Salvador, Guatemala, and Honduras.
(3) Placement.--The term ``placement'' means the placement
of an unaccompanied alien child with a sponsor.
(4) Plan.--The term ``Plan'' means the Plan of the Alliance
for Prosperity in the Northern Triangle.
(5) 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)).
(6) 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 I--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. 111. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL
AMERICA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to Congress a 7-year, interagency strategy, titled
``the United States Strategy for Engagement in Central
America'', to advance reforms in Central American countries
that address the factors driving migration.
(b) Elements.--The strategy under subsection (a) shall
include efforts to--
(1) strengthen the rule of law, improve access to justice,
and bolster the effectiveness and independence of judicial
systems and public prosecutors' offices, and the
effectiveness of civilian police forces;
(2) combat corruption and improve public sector
transparency;
(3) confront and counter the violence and crime perpetrated
by armed criminal gangs, illicit trafficking organizations,
and organized crime;
(4) disrupt money laundering operations and the illicit
financial operations of criminal networks, armed gangs,
illicit trafficking organizations, and human smugglers;
(5) strengthen democratic governance and promote greater
respect for internationally recognized human rights, labor
rights, fundamental freedoms, and the media, including
through the protection of human rights and environmental
defenders, other civil society activists, and journalists;
(6) enhance the capability of Central American governments
to protect and provide for vulnerable and at-risk
populations;
(7) address the underlying causes of poverty and
inequality;
(8) address the constraints to inclusive economic growth in
Central America;
(9) prevent and respond to endemic levels of sexual and
gender-based violence; and
(10) enhance accountability for government officials,
including security force personnel, credibly alleged to have
committed gross violations of human rights or other crimes.
(c) Coordination and Consultation.--In formulating the
strategy under subsection (a), the Secretary of State shall--
(1) coordinate with the Secretary of the Treasury, the
Secretary of Defense, the Secretary of Homeland Security, the
Attorney General, and the Administrator of the United States
Agency for International Development; and
(2) consult with the Director of National Intelligence.
(d) Support for Central American Efforts.--To the degree
feasible, the strategy under subsection (a) shall support or
complement efforts being carried out by the Governments of El
Salvador, of Guatemala, and of Honduras under the Plan, in
coordination with the Inter-American Development Bank and
other bilateral and multilateral donors.
(e) Prioritization.--The strategy under subsection (a)
shall prioritize programs and initiatives 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. 112. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES
STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.
There are authorized to be appropriated $1,500,000,000 for
fiscal year 2019 to carry out the strategy described in
section 111.
SEC. 113. STRENGTHENING THE RULE OF LAW AND COMBATING
CORRUPTION.
(a) In General.--In advancing the strategy under section
111, of the amounts authorized to be appropriated pursuant to
section 112, $550,000,000 are authorized to 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, public prosecutors,
judges, and courts in each such country, including the
enhancement of their forensics capabilities and services;
(B) reforms leading to independent, merit-based, selection
processes for judges and prosecutors, independent internal
controls, and relevant ethics and professional training,
including training on sexual and gender-based violence;
(C) the improvement of victim and witness protection and
access to justice; and
[[Page S6442]]
(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
and the Support Mission Against Corruption and Impunity in
Honduras;
(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 and strengthening of political party and
campaign finance laws and electoral tribunals; 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, environmental protection, 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. 114. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN
SECURITY.
(a) In General.--In advancing the strategy under section
111, of the amounts authorized to be appropriated pursuant to
section 112, $550,000,000 are authorized to 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 recruitment, 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, and
independent oversight mechanisms, as appropriate;
(C) community policing policies and programs;
(D) the establishment of special vetted units;
(E) training and the development of protocols regarding the
appropriate use of force and human rights;
(F) training on civilian intelligence collection (including
safeguards for privacy and basic civil liberties),
investigative techniques, forensic analysis, and evidence
preservation;
(G) training on the management of complex, multi-actor
criminal cases; and
(H) equipment, such as nonintrusive inspection equipment;
(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
(including safeguards for privacy and basic civil liberties);
(C) the reform of personnel recruitment, vetting, and
dismissal processes, including the enhancement of polygraph
capability for use in such processes; and
(D) port, airport, and border security systems, including--
(i) computer infrastructure and data management systems;
(ii) secure communications technologies;
(iii) nonintrusive inspection equipment;
(iv) radar and aerial surveillance equipment;
(v) canine units; and
(vi) training on the equipment, technologies, and systems
listed in clauses (i) through (v);
(3) disrupting illicit financial networks, including 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) educational initiatives to reduce sexual and gender-
based violence;
(B) the enhancement of police and judicial capacity to
identify, investigate, and prosecute sexual and gender-based
violence;
(C) the enhancement of programs for at-risk and criminal-
involved youth, including the improvement of community
centers throughout El Salvador, Guatemala, and Honduras; and
(D) 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;
(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; and
(3) the assistance to Central American armed forces
described in subsection (c)(2) should be limited to
assistance that relates to--
(A) the armed forces activities to combat illicit maritime
and riverine trafficking; and
(B) illicit trafficking occurring at national borders.
SEC. 115. TACKLING EXTREME POVERTY AND ADVANCING ECONOMIC
DEVELOPMENT.
(a) In General.--Of the amounts authorized to be
appropriated pursuant to section 112, $400,000,000 are
authorized to be made available to the Secretary of State and
the Administrator of the United States Agency for
International Development to improve economic development and
the underlying causes of poverty.
(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, including 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;
(3) strengthening food security, including by providing
support for--
(A) small-scale agriculture, including--
(i) technical training;
(ii) initiatives that facilitate access to credit; and
(iii) policies and programs that incentivize government
agencies and private institutions to buy from local
producers;
(B) agricultural value chain development for farming
communities;
(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,
including 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. 121. ASSISTANCE FUNDING AVAILABLE WITHOUT CONDITION.
The Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate,
may obligate up to 25 percent of the amounts appropriated
pursuant to section 112 that are made available for the
Governments of El Salvador, Guatemala, and Honduras to carry
out the United States Strategy for Engagement in Central
America.
[[Page S6443]]
SEC. 122. CONDITIONS ON ASSISTANCE RELATED TO COMBATING,
SMUGGLING, AND PROVIDING FOR SCREENING AND
SAFETY OF MIGRANTS.
(a) Notification and Cooperation.--In addition to the
amounts authorized to be made available under sections 121
and 123, 25 percent of the amounts appropriated pursuant to
section 112 that are made available for assistance for the
Governments of El Salvador, of Guatemala, and of Honduras may
only be made available after the Secretary of State, in
consultation with the Secretary of Homeland Security,
consults with, and subsequently certifies and reports to the
appropriate congressional committees 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, in open partnership
with civil society organizations, for repatriated migrants in
a manner that ensures the safety and well-being of the
individual and reduces the likelihood of repeated migration
to the United States; 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. 123. CONDITIONS ON ASSISTANCE RELATED TO PROGRESS ON
SPECIFIC ISSUES.
(a) Effective Implementation.--In addition to the amounts
authorized to be obligated under sections 121 and 122, 50
percent of the amounts appropriated pursuant to section 112
that are made available for assistance for the Governments of
El Salvador, of Guatemala, and of Honduras may only be made
available 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 and ensure the proper functioning of an
autonomous, publicly accountable entity to provide oversight
of the Plan;
(2) combat corruption, including investigating and
prosecuting government officials, military personnel, and
civilian 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) counter and prevent sexual and gender-based violence;
(8) cooperate, as appropriate, with international human
rights entities and international commissions against
impunity, including the United Nation's Commission Against
Impunity in Guatemala (CICIG), the Organization of American
States' Mission to Support the Fight Against Corruption and
Impunity in Honduras (MACCIH), and any other similar entities
that may be established;
(9) implement electoral and political reforms, including
reforms related to improving the transparency of financing
political campaigns and political parties;
(10) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and
other civil society activists to operate without
interference;
(11) increase government revenues, including by enhancing
tax collection, strengthening customs agencies, and reforming
procurement processes;
(12) implement reforms to strengthen educational systems,
vocational training programs, and programs for at-risk youth;
(13) resolve commercial disputes, including the
confiscation of real property, between United States entities
and the respective governments; and
(14) 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.
(b) Additional Elements.--The Secretary of State may not
certify that the Government of Guatemala is taking effective
steps to address the issues listed in subsection (a) until
after the Government of Guatemala--
(1) extends the mandate of the International Commission
against Impunity in Guatemala (CICIG) beyond 2019; and
(2) permits the CICIG Commissioner and CICIG staff to carry
out their work with government obstruction.
(c) Exception.--The certification and reporting
requirements under subsection (a) and section 122(a) shall
not apply to the amounts appropriated pursuant to section 112
for assistance to the International Commission against
Impunity in Guatemala and the Mission to Support the Fight
against Corruption and Impunity in Honduras.
SEC. 124. ADDITIONAL LIMITATIONS.
(a) Deportations and Repatriations.--None of the amounts
authorized to be appropriated pursuant to section 112 may be
used to assist in the deportation or repatriation of any
foreign person from a third country to his or her country of
origin or to another country.
(b) Fund Transfers.--Notwithstanding any other provision of
law, the Secretary of State may not transfer amounts
appropriated for the Department of State to any account
managed by the Department of Homeland Security for the
purpose of assisting in the deportation or repatriation of
any foreign person from a third country to his or her country
of origin or to another country, absent a specific
authorization from Congress for such transfer.
Subtitle C--Effectively Coordinating United States Engagement in
Central America
SEC. 131. 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, including coordination with international partners--
(1) to strengthen citizen security, the rule of law, and
economic prosperity in Central America; and
(2) 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 Strategy for 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 dismantle and disrupt armed criminal
gangs, illicit trafficking networks, and organized crime
responsible for high levels of violence, extortion, and
corruption in Central America;
(2) coordinating with the Department of State, the United
States Agency for International Development, and
international partners regarding United States efforts to
prevent and mitigate the effects of violent criminal gangs
and transnational criminal organizations on vulnerable
Central American populations, including women and children;
(3) coordinating with the Department of State, the
Department of Homeland Security, and international partners
regarding United States efforts to counter human smugglers
illegally transporting Central American migrants to the
United States;
(4) coordinating with the Department of State, the
Department of Homeland Security, the United States Agency for
International Development, and international partners,
including the United Nations High Commissioner for Refugees,
to increase protections for vulnerable Central American
populations, improve refugee processing, and strengthen
asylum and migration 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
[[Page S6444]]
and international civil society organizations.
Subtitle D--United States Leadership for Engaging International Donors
and Partners
SEC. 141. REQUIREMENT FOR STRATEGY TO SECURE SUPPORT OF
INTERNATIONAL DONORS AND PARTNERS.
(a) 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.
(b) Strategy.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a
3-year strategy to the appropriate congressional committees
that--
(1) describes how the United States will secure support
from international donors and regional partners (including
Colombia and Mexico) for the implementation of the Plan;
(2) identifies governments that are willing to provide
financial and technical assistance for the implementation of
the Plan and a description of such assistance; and
(3) identifies the financial and technical assistance to be
provided by multilateral institutions, including the Inter-
American Development Bank, the World Bank, the International
Monetary Fund, the Andean Development Corporation--
Development Bank of Latin America, and the Organization of
American States, and a description of such assistance.
(c) 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.
(d) Report.--Not later than 1 year after submitting the
strategy under subsection (b), and annually thereafter, 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 (b)(3).
(e) Briefings.--Upon a request from 1 of the appropriate
congressional committees, the Secretary of State shall
provide a briefing to such committee that describes the
progress made in implementing the strategy submitted under
subsection (b).
TITLE II--CRACKING DOWN ON CRIMINAL GANGS, CARTELS, AND COMPLICIT
OFFICIALS
Subtitle A--Strengthening Cooperation Among Law Enforcement Agencies To
Target Smugglers and Traffickers
SEC. 211. ENHANCED INTERNATIONAL COOPERATION TO COMBAT HUMAN
SMUGGLING AND TRAFFICKING.
The Secretary of State, in coordination with the heads of
relevant Federal agencies, 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.
SEC. 212. 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 of the United
States, 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. 213. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR
MIGRATION.
(a) In General.--The Secretary of State, in consultation
with the heads of relevant Federal agencies, 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; and
(3) to provide accurate information about the right to seek
asylum.
(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) be in local languages;
(3) employ a variety of communications media; and
(4) be developed in consultation with program officials at
the Department of Homeland Security, the Department of State,
and 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. 221. 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, sibling, 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. 222. 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) 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) foreign persons who provide material, financial, or
technological support to such traffickers, organizations, and
networks.
(2) Targets.--The activities 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 America.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
subsection (b).
SEC. 223. SUPPORT FOR FBI TRANSNATIONAL ANTI-GANG TASK FORCES
FOR COUNTERING CRIMINAL GANGS.
(a) Findings.--Congress finds that the Federal Bureau of
Investigation's Transnational Anti-Gang Task Forces
established in 2007 in El Salvador, through cooperation
between the FBI and the Department of State, to combat
criminal gangs, including the MS-13 and 18th Street gangs,
should be expanded.
(b) Task Force Expansion.--The Director of the Federal
Bureau of Investigation, in coordination with the Secretary
of State, shall expand the efforts of the Transnational Anti-
Gang Task Forces in El Salvador, Guatemala, and Honduras,
including by--
(1) expanding transnational criminal investigations focused
on criminal gangs in El Salvador, Guatemala, and Honduras,
such as MS-13 and 18th Street;
(2) expanding training and partnership efforts with
Salvadoran, Guatemalan, and Honduran law enforcement entities
in order to disrupt and dismantle criminal gangs, both
internationally and in their respective countries;
(3) establishing or expanding special vetted investigative
units; and
[[Page S6445]]
(4) collecting and disseminating intelligence to support
related United States-based investigations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated, to the Bureau of International Narcotics
and Law Enforcement Affairs, such sums as may be necessary to
carry out subsection (b).
SEC. 224. SENSE OF CONGRESS REGARDING THE EXPANSION OF
TARGETED SANCTIONS RELATED TO CORRUPTION AND
HUMAN RIGHTS ABUSES.
It is the sense of Congress that--
(1) the President should intensify targeting of and impose
sanctions regularly on a range of foreign persons from or in
Central America determined to be responsible for human rights
abuses, corruption-related misconduct, and other misconduct
identified pursuant to the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note);
(2) the Director of National Intelligence, in coordination
with the Director of the Central Intelligence Agency and
other United States intelligence agencies, as appropriate,
should expand intelligence collection and analysis in support
of the efforts described in paragraph (1); and
(3) the efforts described in paragraph (1) should
specifically target foreign persons, including foreign
government officials, complicit in acts that weaken, run
counter to, or undermine the strategy described in section
111.
Subtitle C--Creating New Penalties for Hindering Immigration, Border,
and Customs Controls
SEC. 231. 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
``(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 III--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF
REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION AND BY
STRENGTHENING REPATRIATION INITIATIVES
Subtitle A--Providing Alternative Safe Havens in Mexico and the Region
SEC. 311. 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, in accordance with international law
and best practices, 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 provided with adequate information about their
rights, including their right to seek protection;
(B) are properly screened for security, including
biographic and biometric capture;
(C) receive due process and meaningful access to existing
legal protections; and
(D) 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 in the United States or another
country based on international protection needs and the best
interests of the child.
(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 Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Homeland Security of the House of
Representatives;
(7) the Committee on the Judiciary of the House of
Representatives; and
(8) the Committee on Appropriations 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. 321. 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, in accordance
with international law and best practices, 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 provided with adequate information about their
rights, including their right to seek protection;
(B) are properly screened for security, including
biographic and biometric capture;
(C) receive due process and meaningful access to existing
legal protections; and
(D) 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 in the United States or another
country based on international protection needs and the best
interests of the child.
(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 311(b)
that describes the plans of the Secretary of State to assist
in developing the refugee processing capabilities described
in subsection (a).
(c) Sense of Congress.--It is the sense of Congress that
the conditions in Mexico, as of the date of the enactment of
this Act, do not meet the necessary threshold for the United
States Government to sign a safe third country agreement with
the Government of Mexico.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
subsection (a).
Subtitle C--Establishing Legal Channels to the United States
SEC. 331. PROGRAM TO ADJUST THE STATUS OF CERTAIN VULNERABLE
REFUGEES FROM CENTRAL AMERICA.
(a) Definitions.--In this section:
(1) Refugee status.--The term ``refugee status'' has the
meaning given the term in section 101(a)(42) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)),
except that the alien may apply inside his or her country of
nationality if there is a designated application processing
center present.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
[[Page S6446]]
(b) Purpose.--The purpose of this section is to establish a
refugee processing program for nationals of El Salvador,
Guatemala, and Honduras to respond to country conditions and
the growing need to provide an alternative to the dangerous
journey to the United States of America.
(c) Admission of Eligible Central American Aliens as
Refugees.--Notwithstanding the numerical limitations set
forth in section 207 of the Immigration and Nationality Act
(8 U.S.C. 1157), the Secretary shall adjust the status of an
alien who is a national of El Salvador, Guatemala, or
Honduras to that of an alien admitted as a refugee if the
alien--
(1) applies for such refugee status at a Designated
Application Processing Center (as defined in subsection (e));
and
(2) is eligible under subsection (d).
(d) Central Americans Eligible for Refugee Admission.--
(1) In general.--Admission as a refugee or adjustment of
status to that of a refugee shall be available to any alien,
or members of the alien's family, if--
(A) the alien is a national of El Salvador, Guatemala, or
Honduras;
(B) the alien otherwise meets the definition of a refugee,
except that the alien may apply from inside his or her
country of nationality;
(C)(i) the alien presents himself or herself at a
Designated Application Processing Center for consideration of
refugee status under this section; or
(ii) in the case of an alien who is a minor, a parent,
legal guardian, the minor, or an adult authorized by the
minor to speak on his or her behalf, presents an application
for the minor; and
(D) the alien passes all relevant medical, national
security, and background checks.
(2) Effect of denial of refugee status.--The denial of
refugee status under the Central American Minors Program--
(A) shall not be held determinative with respect to an
adjudication under this section; and
(B) shall not prejudice the results of an adjudication
under this section.
(e) Designated Application Processing Centers.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
establish a minimum of 4 application processing centers in 4
different physical locations, with the consent of the hosting
nation, if necessary.
(2) Locations.--The Secretary of State shall ensure that 1
application processing center is established--
(A) at each of the American embassies located in El
Salvador, Guatemala, and Honduras; and
(B) in any other country in Central America selected by the
Secretary of State.
(3) Application for refugee status.--The Secretary of State
shall ensure that any alien who is physically present at the
application processing center is permitted--
(A) to apply for refugee status under this section;
(B) to include his or her family in the application for
refugee status, regardless of such alien's status; and
(C) if the alien applying for refugee status is an
unaccompanied minor, to have legal counsel present at all
interviews.
(4) Adjudication.--Applications submitted at application
processing centers under this section shall be adjudicated by
refugee officers from the Refugee, Asylum and International
Operations Directorate at U.S. Citizenship and Immigration
Services.
(f) Exceptions.--Subsections (c)(1) and (d)(1)(C) shall be
waived by the Secretary if the alien, or his or her family--
(1) is a national of El Salvador or Honduras;
(2) was in temporary protected status under section 244 of
the Immigration and Nationality Act (8 U.S.C. 1254a) on the
date on which his or her country of nationality's designation
under subsection (b) of such section was terminated;
(3) has maintained physical presence in the United States
since the effectiveness date of the most recent designation,
extension, or termination; and
(4) would be eligible to reapply, under such section 244,
if his or her country of nationality's designation had not
been terminated.
(g) Application Fees.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall ensure that applicants for refugee status are
not charged fees in order to apply for humanitarian relief
under this section.
(2) Previous denial.--The Secretary may charge a reasonable
fee to an alien who applies for refugee status under this
section after having previously been denied refugee status
unless such denial occurred before the alien attained 21
years of age.
(h) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
TITLE IV--MONITORING AND SUPPORTING UNACCOMPANIED ALIEN CHILDREN AFTER
PROCESSING AT THE BORDER
SEC. 401. DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS.
(a) Definitions.--In this title:
(1) Department.--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) Flores settlement agreement.--The term ``Flores
settlement agreement'' means the Stipulated Settlement
Agreement filed in the United States District Court for the
Central District of California on January 17, 1997 (CV 85-
4544-RJK).
(4) 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).
(5) Resident adult.--The term ``resident adult'' means any
individual who is at least 18 years of age and regularly
lives, shares common areas, and sleeps in a sponsor or
prospective sponsor's home.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) Specialized instructional support personnel;
specialized instructional support services.--The terms
``specialized instructional support personnel'' and
``specialized instructional support services'' have the
meanings given such terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Zero tolerance policy.--The term ``zero tolerance
policy'' means the policy described in the memorandum of the
Attorney General entitled ``Zero-Tolerance for Offenses Under
8 U.S.C. Sec. 1325(a)'', issued on April 6, 2018.
SEC. 402. FAMILY REUNIFICATION.
(a) Directives to Federal Agencies.--
(1) Family reunification.--Consistent with section 235 of
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232) and other
applicable Federal law, the Secretary shall reallocate
resources to facilitate the immediate family reunification of
each child separated from his or her parent or guardian at or
near a port of entry or within 100 miles of the border or
otherwise removed from her or her parent or legal guardian by
the Secretary, the Secretary of Homeland Security, the
Attorney General, the Director of the Bureau of Prisons, or
any agent or agency thereof, if such reunification is in the
best interest of the child.
(2) Compliance with federal law.--The Secretary, the
Secretary of Homeland Security, the Attorney General, the
Director of the Bureau of Prisons, and any other head of a
Federal agency involved in the proceedings against a parent
or guardian separated from the parent or guardian's child (as
described in paragraph (1) shall immediately change policies,
procedures, and practices--
(A) to reunify the child separated from his or her parent
or guardian; and
(B) to comply with section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232), the Flores settlement agreement, and other
applicable Federal law.
(b) Parental Rights.--Consistent with the laws of the State
in which the child is located, only an order from a court of
competent jurisdiction may terminate the rights of a parent
or guardian over an unaccompanied alien child, including any
such child separated from the parent or guardian at such a
border.
SEC. 403. 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 and Support Children Forcibly
Separated From Their Families
SEC. 411. HEALTH CARE IN SHELTERS FOR UNACCOMPANIED ALIEN
CHILDREN.
(a) Access to Services.--The Secretary shall direct the
Director, 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))--
(1) to ensure that unaccompanied alien children who have
not been placed with a sponsor have access to comprehensive,
age-appropriate medical, behavioral, and mental health care
services, including evidence-based and trauma-informed
treatments, provided by qualified health care professionals
with the appropriate certifications, licensure, training, and
expertise in treating children, including infants, toddlers,
and other children who are younger than 13 years of age; and
(2) to issue guidance to grantees, not later than 60 days
after the date of the enactment of this Act, on the
procedures for prescribing, reporting, and administration of
psychotropic medication.
(b) National Child Traumatic Stress Initiative.--
(1) Grants authorized.--Out of amounts appropriated
pursuant to section 403 to carry out this section, the
Secretary shall award grants, contracts, or cooperative
agreements to public and nonprofit private entities and
Indian tribes and tribal organizations (as defined in section
4 of the Indian Self-Determination and Educational Assistance
Act (25 U.S.C. 5304)), for the purpose of developing and
maintaining programs that respond to the needs of
unaccompanied alien children in the care of the Office of
Refugee Resettlement.
(2) Best practices for traumatized children.--The National
Child Traumatic Stress Initiative coordinating center
described in section 582(a)(1) of the Public Health Service
Act (42 U.S.C. 290hh-1(a)(1)) shall develop, and make
publically available, best practices for providing evidence-
based and trauma-informed health care treatment to
unaccompanied alien children in the care of the Office
[[Page S6447]]
of Refugee Resettlement (including such children who are
traumatized by separation from parents or guardians by the
Federal Government to facilitate enforcement of the zero
tolerance policy and other infants, toddlers, and children
who are younger than 13 years of age)--
(A) to carry out programs under paragraph (1);
(B) to provide services under section 412(a); and
(C) to conduct assessments under section 412(a)(1)(A).
(c) Oversight on Access to Quality Health Care.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 3 years thereafter, the
Comptroller General of the United States shall conduct an
evaluation of the medical, behavioral, and mental health
services provided to unaccompanied alien children in the care
of the Office of Refugee Resettlement and submit a report and
recommendations to the Department, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee
on the Judiciary of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee
on the Judiciary of the House of Representatives.
(2) Content.--Each report under paragraph (1) shall
address--
(A) the extent to which entities with which the Office of
Refugee Resettlement contracts meet established standards for
ensuring the safety and well-being of alien children in their
care;
(B) the quality and appropriateness of the health care
services provided to such children, including the
administration of medications and treatment;
(C) the extent to which medical, behavioral, and mental
health services address the needs of traumatized children and
mitigate the long-term health consequences of trauma
exposure;
(D) the adequacy of practices to assess the qualifications,
including training and licensure, of the professionals
administering care, including the expertise of such
professionals in providing trauma-informed care;
(E) the adequacy of appropriately-trained health care staff
at the Office of Refugee Resettlement tasked with assessing
the adequacy of care provided to children in their care; and
(F) oversight, investigations, and actions taken to address
allegations against contracted entities of mistreatment,
abuse, or neglect of children under any program under Federal
or State law.
SEC. 412. SERVICES TO UNACCOMPANIED ALIEN CHILDREN AFTER
PLACEMENT.
(a) Trauma-informed, Risk-based, Post-placement Services.--
(1) In general.--Using amounts appropriated pursuant to
section 403 to carry out this section, the Secretary shall
assist each unaccompanied alien child in a placement with a
sponsor by--
(A) completing an individualized assessment of the need for
services to be provided after placement; and
(B) providing such post-placement services during the
pendency of all immigration proceedings or until no longer
necessary, whichever is later.
(2) Minimum services.--The services referred to in
paragraph (1)(B) shall include--
(A) for the unaccompanied alien child, at least 1 post-
placement case management services visit not later than 30
days after placement with a sponsor and the referral of the
child to service providers in the community;
(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; and
(C) for each unaccompanied alien child traumatized by
separation of such child from the child's parent or guardian
by the Federal Government, comprehensive, trauma-informed
services to assist such child.
(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;
(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
(E) to refer to a child advocate each unaccompanied alien
child described in subsection (a)(2)(C); and
(2) ensure that each child advocate for an unaccompanied
alien child--
(A) is 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) is notified when new materials and information
described in subparagraph (A) relating to the child are
created or become available.
SEC. 413. 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 401(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 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.
[[Page S6448]]
(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. 414. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT
COMPLIANCE AND CHILD WELL-BEING.
(a) In General.--Using amounts appropriated pursuant to
section 401(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. 415. MONITORING UNACCOMPANIED ALIEN CHILDREN.
(a) Risk-Based Post-Placement Services.--
(1) In general.--Using amounts appropriated pursuant to
section 401(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. 421. FUNDING TO STATES TO CONDUCT STATE CRIMINAL CHECKS
AND CHILD ABUSE AND NEGLECT CHECKS.
(a) Defined Term.--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 401(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 State criminal registry or repository
required under section 411(a)(1)(B) or the State child abuse
and neglect registry required under section 411(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 411.
(2) Allotments.--
(A) State criminal registry and repository searches.--In
each fiscal year, using amounts appropriated pursuant to
section 401(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
411(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
411(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 401(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 411(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 411(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 411
in a timely manner, and a description of how funds will be
used to meet such assurance.
SEC. 422. UNACCOMPANIED ALIEN CHILDREN IN SCHOOLS.
(a) Immediate Enrollment.--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--
[[Page S6449]]
(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
any available academic or other records are transferred to
such school; 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, language,
and lack of a parent or guardian), which shall include
reviewing and revising policies that may have a negative
effect on such children.
(b) Grants Authorized.--Using amounts appropriated pursuant
to section 403 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 (c) 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.
(c) 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 (b) if, during the
fiscal year for which a grant is awarded under this section,
there are 25 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.
(d) 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, which shall include 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, provide
trauma-informed services and supports (including mental
health care services for such children and youth), improve
engagement with the sponsors of such children or youth, and
provide specialized instructional support services (which may
include hiring specialized instructional support personnel
with expertise in providing services to such children and
youth).
TITLE V--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. 511. 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 412, 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. 512. FAIR DAY IN COURT FOR KIDS.
(a) Appointment of Counsel in Removal Proceedings; 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--
(1) in paragraph (4)--
(A) 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;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the following:
``(B) the Attorney General may appoint or provide counsel,
at Government expense, to aliens in immigration proceedings;
``(C) the alien, or the alien's counsel, not later than 7
days after receiving a notice to appear under section 239(a),
shall receive a complete copy of the alien's immigration file
(commonly known as an `A-file') in the possession of the
Department of Homeland Security (other than documents
protected from disclosure under section 552(b) of title 5,
United States Code);''; and
(D) in subparagraph (D), as redesignated, by striking ``,
and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide alien required documents.--A
removal proceeding may not proceed until the alien, or the
alien's counsel, if the alien is represented--
``(A) has received the documents required under paragraph
(4)(C); and
``(B) has been provided at least 10 days to review and
assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney
General to Appoint Counsel to Aliens in Immigration
Proceedings.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) is amended to read as
follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--Except as provided in subsections (b)
and (c), in any removal proceeding and in any appeal
proceeding before the Attorney General from any such removal
proceeding, the subject of the proceeding shall have the
privilege of being represented by such counsel as may be
authorized to practice in such proceeding as he or she may
choose. This subsection shall not apply to screening
proceedings described in section 235(b)(1)(A).
``(b) Access to Counsel for Unaccompanied Alien Children.--
``(1) In general.--In any removal proceeding and in any
appeal proceeding before the Attorney General from any such
removal proceeding, an unaccompanied alien child (as defined
in section 462(g) of the Homeland Security Act on 2002 (6
U.S.C. 279(g))) shall be represented by Government-appointed
counsel, at Government expense.
``(2) Length of representation.--Once a child is designated
as an unaccompanied alien child under paragraph (1), the
child shall be represented by counsel at every stage of the
proceedings from the child's initial appearance through the
termination of immigration proceedings, and any ancillary
matters appropriate to such proceedings even if the child
attains 18 years of age or is reunified with a parent or
legal guardian while the proceedings are pending.
``(3) Notice.--Not later than 72 hours after an
unaccompanied alien child is taken into Federal custody, the
alien shall be notified that he or she will be provided with
legal counsel in accordance with this subsection.
``(4) Within detention facilities.--The Secretary of
Homeland Security shall ensure that unaccompanied alien
children have access to counsel inside all detention,
holding, and border facilities.
``(c) Pro Bono Representation.--
``(1) In general.--To the maximum extent practicable, the
Attorney General should make every effort to utilize the
services of competent counsel who agree to provide
representation to such children under subsection (b) without
charge.
``(2) Development of necessary infrastructures and
systems.--The Attorney General shall develop the necessary
mechanisms to identify counsel available to provide pro bono
legal assistance and representation to children under
subsection (b) and to recruit such counsel.
``(d) Contracts; Grants.--The Attorney General may enter
into contracts with, or award grants to, nonprofit agencies
with relevant expertise in the delivery of immigration-
related legal services to children to carry out the
responsibilities under this section, including providing
legal orientation, screening cases for referral, recruiting,
training, and overseeing pro bono attorneys. Nonprofit
agencies may enter into subcontracts with, or award grants
to, private voluntary agencies with relevant expertise in the
delivery of immigration related legal services to children in
order to carry out this section.
``(e) Model Guidelines on Legal Representation of
Children.--
``(1) Development of guidelines.--The Executive Office for
Immigration Review, in consultation with voluntary agencies
and national experts, shall develop model guidelines for the
legal representation of alien children in immigration
proceedings, which shall be based on the children's asylum
guidelines, the American Bar Association Model Rules of
Professional Conduct, and other relevant domestic or
international sources.
[[Page S6450]]
``(2) Purpose of guidelines.--The guidelines developed
under paragraph (1) shall be designed to help protect each
child from any individual suspected of involvement in any
criminal, harmful, or exploitative activity associated with
the smuggling or trafficking of children, while ensuring the
fairness of the removal proceeding in which the child is
involved.
``(f) Duties of Counsel.--Counsel provided under this
section shall--
``(1) represent the unaccompanied alien child in all
proceedings and matters relating to the immigration status of
the child or other actions involving the Department of
Homeland Security;
``(2) appear in person for all individual merits hearings
before the Executive Office for Immigration Review and
interviews involving the Department of Homeland Security;
``(3) owe the same duties of undivided loyalty,
confidentiality, and competent representation to the child as
is due to an adult client; and
``(4) carry out other such duties as may be proscribed by
the Attorney General or the Executive Office for Immigration
Review.
``(g) Savings Provision.--Nothing in this section may be
construed to supersede--
``(1) any duties, responsibilities, disciplinary, or
ethical responsibilities an attorney may have to his or her
client under State law;
``(2) the admission requirements under State law; or
``(3) any other State law pertaining to the admission to
the practice of law in a particular jurisdiction.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292 of the Immigration and
Nationality Act, as added by paragraph (1), in accordance
with the requirements set forth in section 3006A of title 18,
United States Code.
SEC. 513. ACCESS TO COUNSEL AND LEGAL ORIENTATION AT
DETENTION FACILITIES.
The Secretary of Homeland Security shall provide access to
counsel for all aliens detained in a facility under the
supervision of U.S. Immigration and Customs Enforcement, U.S.
Customs and Border Protection, or the Department of Health
and Human Services, or in any private facility that contracts
with the Federal Government to house, detain, or hold aliens.
SEC. 514. REPORT ON ACCESS TO COUNSEL.
(a) 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(b) of the
Immigration and Nationality Act, as added by section 512(b),
have been provided access to counsel.
(b) Contents.--Each report submitted under paragraph (a)
shall include, for the immediately preceding 1-year period--
(1) the number and percentage of aliens described in
section 292(b) of the Immigration and Nationality Act, as
added by section 512(b), who were represented by counsel,
including information specifying--
(A) the stage of the legal process at which each such alien
was represented;
(B) whether the alien was in government custody; and
(C) the nationality and ages of such aliens; and
(2) the number and percentage of aliens who received legal
orientation presentations, including the nationality and ages
of such aliens.
SEC. 515. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--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
sections 512 through 514.
(b) Budgetary Effects.--The budgetary effects of this Act,
for the purpose of complying with the Statutory Pay-As-You-
Go-Act of 2010, shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
Subtitle B--Reducing Significant Delays in Immigration Court
SEC. 521. 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 75 judges during each of the fiscal years
2019, 2020, 2021, and 2022.
(b) Qualification; Selection.--The Attorney General shall--
(1) ensure that all newly hired immigration judges and
Board of Immigration Appeals members are highly qualified and
trained to conduct fair, impartial adjudications in
accordance with applicable due process requirements; and
(2) in selecting immigration judges, may not give any
preference to candidates with prior government experience
compared to equivalent subject-matter expertise resulting
from nonprofit, private bar, or academic experience.
(c) Necessary Support Staff for Immigration Judges.--To
address the shortage of support staff for immigration judges,
the Attorney General shall ensure that each immigration judge
has sufficient support staff, adequate technological and
security resources, and appropriate courtroom facilities.
(d) Annual Increases in Board of Immigration Appeals
Personnel.--The Attorney General shall increase the number of
Board of Immigration Appeals staff attorneys (including
necessary additional support staff) to efficiently process
cases by at least--
(1) 23 attorneys during fiscal year 2019;
(2) an additional 23 attorneys during fiscal year 2020; and
(3) an additional 23 attorneys during fiscal year 2021.
(e) GAO Report.--The Comptroller General of the United
States shall--
(1) conduct a study of the hurdles to efficient hiring of
immigration court judges within the Department of Justice;
and
(2) propose solutions to Congress for improving the
efficiency of the hiring process.
SEC. 522. 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. 523. 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 Repeated Migration to the United
States
SEC. 531. ESTABLISHING REINTEGRATION AND MONITORING SERVICES
FOR REPATRIATING CHILDREN.
(a) Consultation With UNHCR.--The Secretary of Homeland
Security, 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''), Central American governments, and nongovernmental
organizations with expertise in child welfare and
unaccompanied migrant children to develop a child-centered
repatriation process for unaccompanied children being
returned to their country of origin that requires a
determination of the best interest of the child before the
child is repatriated to his or her 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 emigrate again
by--
(1) establishing and expanding comprehensive long-term
reintegration services at the municipal level 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;
(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; and
(4) ensuring that international and domestic civil society
organizations with expertise in child welfare, unaccompanied
migrant children, and international protection needs have
access to government run reception centers for repatriated
children--
(A) to identify children with protection needs; and
(B) to offer child services following their return to their
communities.
____________________