[Congressional Record Volume 165, Number 80 (Tuesday, May 14, 2019)]
[Senate]
[Pages S2819-S2833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself, Mr. Enzi, Ms. Baldwin, Mr. 
        Barrasso, Mrs. Capito, Mr. Casey, Mr. Cramer, Mr. Daines, Ms. 
        Duckworth, Mr. Durbin, Mr. Grassley, Ms. Hirono, Mrs. Hyde-
        Smith, Ms. Klobuchar, Ms. Rosen, Mr. Schatz, Ms. Stabenow, Mr. 
        Tester, Ms. Collins, Ms. Hassan, and Mrs. Shaheen):
  S. 1438. A bill to amend title 39, United States Code, to extend the 
authority of the United States Postal Service to issue a semipostal to 
raise funds for breast cancer research; to the Committee on Homeland 
Security and Governmental Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce, along with 
my friend Senator Enzi, the ``Breast Cancer Research Stamp 
Reauthorization Act.''
  Breast cancer remains one of the most commonly diagnosed cancers in 
women. One in eight women will receive a diagnosis during her 
lifetime--and more than 40,000 women will die from the disease this 
year.
  The Breast Cancer Research Stamp was first issued in 1998 and has 
since raised almost $90 million for research into new, innovative 
treatments for breast cancer.
  A 2018 study that was partially funded by revenue from stamp sales 
found that most women diagnosed with a common early-stage breast cancer 
do not actually need chemotherapy as a part of their cancer treatment. 
Results from this study are expected to spare up to 70,000 U.S. 
patients a year from the cost and side effects associated with 
chemotherapy without it hurting their chances of beating the disease.
  Think about it. Simply purchasing a stamp could help spare thousands 
of women the pain they may experience when undergoing chemotherapy and 
side effects that range from hair loss to long-term organ damage. Not 
to mention the expense, with one basic round of chemo costing anywhere 
from $10,000 to $100,000. The stamp's ability to fund critical research 
like this study helps us take big steps forward in treating breast 
cancer for only a few more cents over the standard price of sending a 
letter.
  As we come back to work after Mother's Day, I invite the Senate to 
pause and remember all the women who have faced a diagnosis of breast 
cancer, not knowing what the outcome would be. I applaud as well the 
family and friends who have tirelessly supported them.
  The Breast Cancer Stamp currently costs 65 cents, 10 cents more than 
a traditional Forever stamp. The additional 10 cents helps support 
breast cancer research at the National Institutes of Health and the 
Department of Defense's Medical Research Program. Our bill would 
reauthorize the stamp for 8 more years through 2027.
  For these women and their families, this stamp is as meaningful to 
them as it is impactful to how we combat the disease now and in the 
future.
  I am honored to be joined by Senators Baldwin, Barrasso, Capito, 
Casey, Cramer, Collins, Daines, Duckworth, Durbin, Grassley, Hassan, 
Hirono, Hyde-Smith, Klobuchar, Rosen, Schatz, Shaheen, Stabenow, and 
Tester.
  I am very grateful for supporters of this bill, including the 
American Cancer Society Cancer Action Network, the American College of 
Surgeons, Susan G. Komen, the American Association for Cancer Research, 
the American College of Obstetrics and Gynecologists, the Breast Cancer 
Research Foundation, and Are You Dense, Inc.
  As we celebrate the mothers in our lives this week, I urge my 
colleagues to join us in taking meaningful action to improve women's 
health.
  Thank you Mr. President and I yield the floor.
                                 ______
                                 
      By Mr. CRUZ (for himself and Mr. Jones):
  S. 1442. A bill to amend the Elementary and Secondary Education Act 
of 1965 to strengthen school security; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. CRUZ. Mr. President, as we pause this week to remember the 10 
people who lost their lives and the 13 people who were wounded 1 year 
ago, we should reflect on what has changed but also on what still needs 
to be done to stop this epidemic of mass shootings and school 
shootings, in particular.
  Last year I was very proud that Congress authorized nearly $1 billion 
in school safety funding--legislation that I was a cosponsor of. That 
is nearly $1 billion that schools can use to improve school safety, 
including hardening doors so that shooters can't shoot through the 
school doors anymore, shrinking the number of entrances and exits, 
installing metal detectors, and hiring armed police officers to keep 
our kids safe. That was an important first step, but we need to do 
more.
  That is why I am reintroducing this week two important bills. First, 
I am reintroducing legislation to authorize more funding for school 
safety and to enable greater targeting of the felons and fugitives who 
try to buy firearms illegally. If a felon or fugitive tries to purchase 
a firearm illegally, that felon or fugitive should be prosecuted and 
they should be put in Federal jail.
  In 2013, my first year in the Senate, I introduced legislation with 
my friend Senator Grassley from Iowa to create a gun crime task force 
at the Federal Department of Justice to ensure that Federal convictions 
are in the national database and to direct the Department of Justice to 
prosecute the felons and fugitives who try to illegally buy guns and to 
put them in jail before they can take the lives of more innocents. 
Sadly, cynically, Senate Democrats filibustered that legislation. They 
prevented it from passing into law by demanding a 60-vote threshold.
  In light of the tragedies of Santa Fe, Parkland, and Highlands Ranch 
High School, just last week, I urge my colleagues to join me in making 
this commonsense bill law in this Congress. Let's direct law 
enforcement resources to stop violent criminals before they commit more 
heinous murders.
  I am also reintroducing the bipartisan School Security Enhancement 
Act with Democratic Senator Doug Jones, which would allow local 
communities to utilize student support and academic enrichment grants 
to reinforce school safety infrastructure and technology. Installing 
metal detectors, bulletproof doors and windows, and establishing an 
efficient system for communicating important information to law 
enforcement and to parents are all important steps in improving school 
safety.
  I hope we can join together and pass these bills so that our students 
are safer, and so we can do more to prevent future mass shootings.
  What happened in Santa Fe a year ago was a tragedy. On the night of 
the shooting, there was a candlelight prayer vigil in the community at 
a public park in downtown Santa Fe. Even as you saw families grieving 
and in unspeakable agony, and their hearts breaking, you also saw 
people coming together. When I was at the vigil that night, as you wept 
and mourned with students and parents experiencing the ultimate agony, 
you saw at the same time students and parents in the community leaning 
on each other, holding each other, holding each other up, praying 
alongside each other, praying with each other, and giving thanks for 
the heroism and strength. I think that is the only way a community 
makes it out of a tragedy like that.
  The last year has been an extremely difficult year for the Santa Fe 
families and the community. That morning is indelibly marked onto that 
community. At the same time, they have been able to lean on each other, 
to rely on each other, to support each other, and to lift each other up 
in prayer.

[[Page S2820]]

  I want to conclude by saying to the families in Santa Fe: We are with 
you. We support you. We love you, and we are there for you.
  To my colleagues in Congress, we need to unite together to make our 
schools safer, to prosecute felons and fugitives before they commit 
acts of murder, and to do everything to stop this horrific mass 
shooting epidemic. We need to do it now. End the partisan battles. 
Focus on the bad guys, and stop them before more lives and innocents 
are taken.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. Durbin, Mrs. Feinstein, Mr. 
        Menendez, Mr. Leahy, Ms. Hirono, Mr. Carper, Ms. Baldwin, Mr. 
        Schatz, Ms. Smith, Mr. Cardin, Mr. Wyden, Mr. Murphy, Mr. 
        Bennet, Ms. Klobuchar, Mr. Reed, Ms. Warren, Ms. Duckworth, Ms. 
        Rosen, Ms. Cortez Masto, Mr. Kaine, Mrs. Murray, Mr. Booker, 
        Ms. Hassan, Mr. Whitehouse, Mr. Udall, Mr. Blumenthal, Mr. Van 
        Hollen, Mr. Warner, Mrs. Gillibrand, Mr. Sanders, Ms. Harris, 
        Mr. Markey, Mr. Merkley, Mr. Heinrich, and Mr. King):
  S. 1445. 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.
  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:

                                S. 1445

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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.
Sec. 125. Restrictions on reprogramming.

   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 alarming 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

[[Page S2821]]

     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.
       (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) President Trump's decision to reduce United States 
     foreign assistance to El Salvador, Guatemala, and Honduras 
     from funding levels set in fiscal years 2017 and 2018--
       (A) poses a serious risk to United States national 
     security; and
       (B) will damage the efforts of the United States to address 
     the underlying conditions causing citizens of El Salvador, 
     Guatemala, and Honduras to flee their homelands and migrate 
     to the United States;
       (7) the Trump Administration's proposed cuts in United 
     States foreign assistance for Central America for fiscal year 
     2020, 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;
       (8) 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;
       (9) 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;
       (10) 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;
       (11) 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
       (12) 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 5-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.

[[Page S2822]]

       (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 2020 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 described in 
     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
       (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 described in 
     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;

[[Page S2823]]

       (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.

     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) combat corruption, including investigating and 
     prosecuting government officials, military personnel, and 
     civilian police officers credibly alleged to be corrupt;
       (2) implement reforms and strengthen the rule of law, 
     including increasing the capacity and independence of the 
     judiciary and public prosecutors;
       (3) counter the activities of armed criminal gangs, illicit 
     trafficking networks, and organized crime;
       (4) establish and implement a plan to create a 
     professional, accountable civilian police force and curtail 
     the role of the military in internal policing;
       (5) 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;
       (6) counter and prevent sexual and gender-based violence;
       (7) 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;
       (8) implement electoral and political reforms, including 
     reforms related to improving the transparency of financing 
     political campaigns and political parties;
       (9) protect the right of political opposition parties, 
     journalists, trade unionists, human rights defenders, and 
     other civil society activists to operate without 
     interference;
       (10) increase government revenues, including by enhancing 
     tax collection, strengthening customs agencies, and reforming 
     procurement processes;
       (11) implement reforms to strengthen educational systems, 
     vocational training programs, and programs for at-risk youth;
       (12) resolve commercial disputes, including the 
     confiscation of real property, between United States entities 
     and the respective governments; and
       (13) implement a policy by which local communities, civil 
     society organizations (including indigenous and marginalized 
     groups), and local governments are consulted in the design, 
     implementation, and evaluation of the activities of the Plan 
     that affect such communities, organizations, or governments.
       (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 this title may be 
     used or transferred to any other Federal agency to assist in 
     the removal or repatriation of any individual 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.

     SEC. 125. RESTRICTIONS ON REPROGRAMMING.

       (a) United States Strategy for Engagement in Central 
     America.--Amounts appropriated pursuant to section 112 may 
     not be reprogrammed for any activities other than those 
     authorized under this title.
       (b) Bilateral Economic Assistance and International 
     Security Assistance for El Salvador, Guatemala, and 
     Honduras.--The Secretary of State and the Administrator of 
     the United States Agency for International Development may 
     not reprogram amounts made available for assistance for El 
     Salvador, of Guatemala, and of Honduras under--
       (1) titles III and IV of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2019 
     (division F of Public Law 116-6);
       (2) titles III and IV of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2018 
     (division K of Public Law 115-141);
       (3) titles III and IV of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2017 
     (division J of Public Law 115-31); or
       (4) titles III and IV of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2016 
     (division K of Public Law 114-113).

   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,

[[Page S2824]]

     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 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

[[Page S2825]]

     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) 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.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsection (a).

     SEC. 223. SUPPORT FOR FBI TRANSNATIONAL ANTI-GANG TASK FORCES 
                   FOR COUNTERING CRIMINAL GANGS.

       (a) 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
       (4) collecting and disseminating intelligence to support 
     related United States-based investigations.
       (b) 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 (a).

     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 
     this section.

[[Page S2826]]

  


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--
       (1) 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; and
       (2) individuals of any nationality, who enter the United 
     States from Mexico and request humanitarian protection, such 
     as asylum, in the United States--
       (A) are not subject to section 235(b)(2)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(C)); and
       (B) cannot be returned to Mexico while their request for 
     humanitarian protection is pending.
       (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.
       (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 sections 201, 202, and 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1151, 1152, and 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 or 
     legal guardian of the alien presents an application for the 
     alien; 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 Designated Application Processing 
     Centers in 4 different physical locations in the countries 
     referred to in paragraph (2), with the consent of the host 
     country, if necessary.
       (2) Locations.--The Secretary of State shall ensure that at 
     least 1 Designated Application Processing Center is 
     established in--
       (A) El Salvador, Guatemala, Honduras, and Mexico; and
       (B) 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 a 
     Designated 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 a Designated 
     Application Processing Center under this section shall be 
     adjudicated by refugee officers from the Refugee, Asylum and 
     International Operations Directorate of U.S. Citizenship and 
     Immigration Services.
       (5) Adjudication deadlines.--
       (A) First year.--Applications submitted under this section 
     during the 1-year period beginning on the date of the 
     enactment of this Act shall be adjudicated not later than 1 
     year after submission.
       (B) Subsequent applications.--Applications submitted under 
     this section after the period described in subparagraph (A) 
     shall be adjudicated not later than 6 months after 
     submission.
       (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

[[Page S2827]]

     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 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 403 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.

[[Page S2828]]

       (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.
       (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 may 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--
       (1) to oversee and promote the health, safety, and well-
     being of unaccompanied alien children; or
       (2) to 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 403 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 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 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

[[Page S2829]]

     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 403 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 413(a)(1)(B) or the State child abuse and neglect 
     registry required under section 413(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 413.
       (2) Allotments.--
       (A) State criminal registry and repository searches.--In 
     each fiscal year, using amounts appropriated pursuant to 
     section 403 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 
     413(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 
     413(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 403 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 413(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 such section 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 413 
     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--
       (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 414, 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:

[[Page S2830]]

       ``(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.
       ``(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.

[[Page S2831]]

       (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.

                                 ______
                                 
      By Mr. JONES:
  S. 1453. A bill to amend the Trade Act of 1974 to provide adjustment 
assistance to farmers adversely affected by reduced exports resulting 
from tariffs imposed as retaliation for United States tariff increases, 
and for other purposes; to the Committee on Finance.
  Mr. JONES. Mr. President, I rise because I am deeply concerned about 
what is happening across the country to our farmers as a result of the 
President's trade war with China.
  Let me first say, I agree with the President 100 percent that we need 
fair trade deals and that we have to make sure American workers and 
consumers are not being taken for a ride by other countries, especially 
rogue countries and bad actors like China. Yet, since this trade war 
began last year, these tariffs are having the complete opposite effect 
on the people they are supposed to help. That is because tariffs are 
taxes, plain and simple. Tariffs are taxes, and they are being raised 
every day by the administration.
  The President insists that tariffs force China to pay money to the 
U.S. Treasury, which is just not true. It is just not factually 
accurate at all. It is also misleading to the American people. When a 
tariff is placed on a Chinese good, it is the American company that is 
importing that product, in addition to the American consumer who 
ultimately buys it, that pays that additional price. It is just like 
adding a sales tax to any consumer good or to any commodity on which a 
tariff has been levied. From businesses to farmers, to consumers, these 
taxes are being paid for by Americans. That is not politics; that is 
economics.
  The President thinks these tariffs will somehow punish China for its 
bad behavior, but it is our people who are suffering right now. Last 
week, we saw a report that showed that the cost of these tariffs had 
fallen entirely on U.S. businesses and on U.S. households. Just 
yesterday, China announced it is planning on retaliating, once again, 
with increased tariffs on $60 billion worth of American-made goods, 
which sent the stock market into a tailspin.
  Unemployment is incredibly low today, and the economy is doing well 
today, but across the country, there are so many people who don't 
always feel the effects of that booming economy. Yes, they have jobs, 
but they also have families, healthcare costs, and other costs, so they 
don't always feel the economy is doing as well for them as it is for 
others whom they see on the news, on TV, and in Washington, DC. Working 
folks aren't going to feel the true benefits from this economic growth 
and from the tax cuts of 2017 if they are paying higher taxes on the 
products they are buying every single day.
  Just yesterday, the President was talking about the tariffs and 
feeling a little bit of pain but about how great a deal this is going 
to be and how our government will be happy. The President said: ``[O]ur 
government is happy because we're taking in tens of billions of 
dollars.'' Yet that money is being brought into the Treasury on the 
backs of working people--hard-working American taxpayers. It is not the 
Chinese companies; it is not the Chinese people; it is not the Mexican 
people; and it is not the Canadian people. It is the American public 
that is paying that money into the U.S. Treasury.
  Tariffs are taxes, and we are all going to pay because of this trade 
war. Call them whatever you want, but that is the effect they are going 
to have on the wallets of American taxpayers. Even the President's own 
economic advisers admitted this week that it will be the Americans who 
will suffer as a result of this trade war, with the increased taxes 
being placed on them every day through the consumer goods they are 
purchasing.
  In Alabama, our farmers, in particular, are hurting, and that is an 
understatement. Tariffs are affecting a cross-section of our 
manufacturing workforce. It has our automobile dealers concerned 
because of the threat of foreign automobile tariffs. Yet, even in the 
best of times, it is the farmers who are at the most risk. Farming is a 
risky business, and their margins are very tight. Many farmers in 
Alabama have already suffered devastating losses from natural 
disasters, like Hurricane Michael. Quite frankly, they are suffering 
another congressional disaster right now--in the words of my colleague 
and friend Senator Isakson from Georgia--because we can't put politics 
aside quickly enough to get disaster aid to farmers in the South, to 
folks who have suffered from flooding, or to folks who have suffered 
from wildfires. We can't do this because of politics, so now they are 
suffering. The farmers whom I visited back in South Alabama after 
Hurricane Michael are suffering now from the congressional disaster.
  The last thing in the world they need is another administration 
disaster that is being manufactured because of the Chinese tariffs on 
their crops. In particular, soybeans are being hit. Soybean farming 
supports more than 11,000 jobs in Alabama, but soybean prices are at 
the lowest they have been in a decade. You can see from this chart how 
they started up. It was over $10 just in April of 2018--over $10. Now 
it is just above $8, and it is continuing to slide. The longer this 
goes on, the more it hurts.
  Cotton farmers have been hit. Cotton has had an almost 25-percent 
reduction in the market price since these tariffs took effect. We have 
record low unemployment in the country right now; yet

[[Page S2832]]

we have a growing number of bankruptcies in farm country. I was looking 
at reports just today that showed the rise in the number of 
bankruptcies, the point being that these are hitting people now.
  We all want a great deal. We all want to make sure the President gets 
a good deal for the American public, for the American consumer, but 
this is hurting people right now, and they will not be able to recover 
if this does not end soon. Unless the President can reach a deal soon, 
we can expect prices to continue to deteriorate and for the economic 
conditions in farm country to get even worse, which will put in 
jeopardy generations of farmers who may get run out of business.
  This is a dire situation. I am not trying to just light fire 
somewhere. This is really serious for these folks. You only have to 
watch the news every day. These are people who have supported the 
President of the United States and who voted for the President of the 
United States. They want a good deal, and they want a fair deal, but 
this has been going on for a long time, and there does not seem to be 
any end in sight. Many of my State's farmers--probably most of my 
State's farmers--support the President, as do others around the 
country. They have had his back over the last 2 or 3 years, even during 
the campaign. Yet, in return, these trade policies have taken money out 
of their pockets.
  When this first started over a year ago, they believed they would get 
a good deal soon. They believed they could get crops in the field, that 
they could get their loans paid, and that they could recover from the 
disasters that had hit them, but it has just dragged on and on. Every 
time we see a new round of tweets or a new press conference, we talk 
about what a great deal this is going to be. Yet, when you look behind 
the curtain, everything is different, and the trade war goes on and on 
and on.
  I fear he is not listening to these farmers or to the Members of 
Congress on both sides of the aisle--like our Finance chairman--who are 
telling him that these policies are hurting farmers, that they are 
devastating farmers. I am not sure how much longer they can hang on in 
this trade war. Many will. Many can hang on. Yet others cannot. Whether 
the next generation of farmers will take up the mantle of farming 
remains to be seen.
  This is one reason I am introducing a bill today to update the Trade 
Adjustment Assistance Program, which was originally created by my 
colleague Senator Chuck Grassley, a Republican from Iowa, to provide 
help for farmers and producers who have been hurt by these retaliatory 
tariffs. TAA was originally created to help provide assistance to 
workers who were impacted by trade, but it was updated in 2002 to 
include assistance to growers, producers, and fishermen. This bill that 
I introduce today, as well as a companion bill that has been introduced 
in the House, would, once again, update the program to help folks who 
are hurting because of trade actions that have been carried out by our 
government--not by another government but by ours.
  Look, the fact is, no matter how many legislative stopgaps my 
colleagues and I propose or bailouts the President offers, the massive 
losses from which farmers and producers suffer are not going to end 
until the President calls off this trade war.
  We all want better trade deals, and farmers want access to global 
markets. China has, without a doubt, been a bad actor on many trade 
issues--a rogue country on trade issues. We should be working with our 
allies in Europe and elsewhere to hold China accountable. Instead, the 
administration has decided to go it alone. We are picking fights with 
friends over our own trade issues with them rather than working through 
diplomacy to try to work those deals. We are picking fights with them, 
and we are going it alone against China when we so desperately need our 
friends to help us. China is a growing concern around the world, and we 
need global partners to help us with our trade issues to try to make 
sure the global economy stays stable.
  I will be absolutely thrilled if the President of the United States 
negotiates a great deal. I hope he negotiates the best deal ever--the 
one that he says he is going to negotiate. I hope and pray we get that 
great deal and that we can do a trade deal with China that is fair and 
better for America than it has ever been in the history of this 
country. For all of our sakes, I hope it happens. I really do. This is 
not a partisan issue. This is about where we are as a country. I hope 
for the best for him, but, right now, these tariffs are having the 
opposite effect, and it is hurting so many people.
  What many of us fear is going to happen in the cynical world we live 
in today--and we all get caught up in it, including Members of this 
body--is that when the President finally wakes up and realizes he has 
done irreparable harm and irreparable damage to so many of his own 
supporters with these tariffs and when he wakes up and approaches 2020 
and understands that his support may be eroding among those who form 
the core backbone of his support, he will scramble to make a deal 
regardless of whether it will be a good deal or not but a deal 
nonetheless and regardless of whether America will come out on top.
  When all is said and done, we can claim victory, but it may be a very 
hollow victory because, in going forward, we may have a little bit 
better deal or we may have a much better deal, but it will not change 
what is happening today or what has happened over the last year. Even 
if a deal is struck, we have already lost.
  Farmers will still have to be digging themselves out of this 
financial hole for a very long time. Many will have to declare 
bankruptcy and lose their farms because they couldn't wait out the 
President's trade gamble and his tough talk.
  To mitigate the tariffs' harmful impacts, the administration is 
providing some aid to help farmers who are struggling as a result of 
the trade war. They did so last year, and they need it, but those 
government bailouts--and that is what they are, they are bailouts--are 
being paid by other American taxpayers in order to alleviate the pain 
inflicted by the administration's policies.
  That is right. Working families across the country are being asked to 
step up. We do those things. We are charitable people. If somebody is 
in pain, we want to do that and help, but when the pain is being caused 
by the very person who is causing us to then step up, that makes no 
sense.
  Folks, these handouts will not come close to making up for the losses 
these farmers have suffered, and it is sure not a long-term solution 
for a healthy trade market.
  The biggest problem for these farmers is that they don't want 
handouts. They don't want government subsidies. They don't want 
handouts to them for the problems they are facing because of these 
trade policies. They want their markets. They want to go to China. They 
want to go to places around the world and share their products. They 
are proud of their products. We should be proud of those products.
  We should not be just simply telling farmers: Do not worry because we 
will pay for you to grow your product. We are not worried about your 
markets because we will buy your soybeans. We will buy the cotton. We 
will buy those things if China doesn't do it. That is not what these 
farmers want. They don't want that charity. They want their markets. 
They work hard for those markets.
  So how much more can our farmers take? How much more? How long can 
they go on like this? At what point will they be forced to cut their 
losses and find another way to support their families while we 
negotiate with China, while we tweet the fact that a good deal is 
coming?
  At what point will Members of this body and the House of 
Representatives who ignore the math and the suffering of their 
constituents--at what point will those in this body and the House of 
Representatives who ignore the suffering of their constituents by 
supporting these harmful trade policies, at what point do they stand 
up?
  There are so many people I have talked to who do not support these 
trade policies, but yet they are silent, and they say: Give the 
President time. He is going to get a good deal.
  At what point does it come where they recognize the suffering of the 
farmers of the United States and my State of Alabama? At what point do 
they finally stand up and say enough is enough?

[[Page S2833]]

  Over the years, the Congress of the United States has ceded a lot of 
authority to the executive branch of government, and now it is coming 
home to roost. We can't do much of anything except give speeches like 
this. We can try to introduce bills that probably will never get to the 
Senate floor. We can go home and listen to the pain, listen to the 
suffering, listen to people who so badly want to support the President 
and what he is doing, as all of us do for these new trade deals, but 
the fact is, we have ceded so much power to the executive branch of 
government. It is time for Congress to stand up. It is time for people 
to speak out to help their farmers, to let the administration know that 
this cannot go on much longer. We have to stand up and stop this pain 
as quickly as we can.
  We can do it. The President can do it. He has smart people 
surrounding him. They need to explain to him again that these tariffs 
are being paid by the American people, not another country. Let's get 
this negotiated, and let's stop the bleeding for the American farmer as 
soon as we possibly can.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Blumenthal, Mr. Leahy, Mr. 
        Durbin, Mr. Whitehouse, Ms. Klobuchar, Ms. Harris, and Mr. 
        Booker):
  S. 1469. A bill to amend title 18, United States Code, to prohibit 
interfering in elections with agents of a foreign government; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Prevent 
Foreign Interference with Elections Act of 2019. This bill provides 
enhanced criminal penalties and additional safeguards to prevent 
foreign interference in our elections.
  To be clear, there are already laws on the books to prosecute those 
who interfere in U.S. elections. Indeed, Special Counsel Mueller 
charged Russian intelligence officers who hacked into U.S. computers 
and stole documents, for the purpose of interfering in the 2016 
presidential elections.
  Special Counsel Mueller also charged the Russian Internet Research 
Agency and several of its employees for their role in the social media 
campaign that was designed to manipulate American voters.
  This bill, however, makes election interference a separate criminal 
offense. It makes clear that those who conspire with foreign actors to 
interfere in U.S. elections will be punished appropriately for striking 
at the bedrock of our democracy,
  This bill does five main things.
  First, it explicitly makes it a crime to conspire with foreign 
nationals to interfere in U.S. elections.
  Interference can be accomplished through breaking a federal criminal 
law, such as committing fraud, or by hacking into someone's computer, 
or by violating federal, state, or local election laws.
  As I mentioned, this bill simply leaves no doubt that working with a 
foreign actor to commit these offenses with the goal of interfering in 
a U.S. election is a crime.
  And it requires that those who break this law will be sentenced 
separately, and in addition to any other laws that were broken.
  Second, it makes it so that people convicted of interfering in our 
elections would be inadmissible into the United States.
  There is, however, an important exception. Those who cooperate with 
law enforcement to help catch those responsible for interference would 
be eligible for an S visa.
  Third, it creates a civil action, allowing the Attorney General to 
immediately address foreign interference once U.S. law enforcement 
learns of it.
  This is important because foreign interference can then be stopped as 
soon as it is discovered.
  Fourth, it prohibits foreign-financed elections ads, including 
foreign-financed issue ads and foreign-financed digital ads.
  These expansions will help protect the integrity of our electoral 
process.
  Fifth and finally, it prohibits providing ``substantial assistance'' 
to foreign nationals trying to interfere in our elections.
  It is important that we also hold ourselves accountable by not 
providing aid to those wishing to do us harm.
  To be clear, there was foreign interference in the 2016 Presidential 
election.
  The Intelligence Community unanimously concluded that the Russian 
government interfered by ``blend[ing] covert intelligence operations--
such as cyber activity--with overt efforts by Russian government 
agencies, state-funded media, third-party intermediaries, and paid 
social media users or `trolls.' '' After a nearly two-year 
investigation, Special Counsel Mueller confirmed these core 
conclusions.
  Along the way, his office indicted 12 Russian intelligence officers 
in connection with Russian hacking operations and three companies, 
including the Internet Research Agency and 13 of its employees for 
their role in the social media campaign to influence American voters.
  Unless we do something, this interference will happen again. And to 
stop it, we need to not only make clear that interference will result 
in criminal punishment, we must also update our election laws so that 
they can combat these new cyber-attacks. This bill does both.
  I am introducing this bill today with strong Democratic support, and 
I would particularly like to thank Senator Blumenthal for his 
leadership on this issue.
  It is my sincere hope, however, that my Republican colleagues will 
join us in this important effort as well.
  The issue I speak about today is one that goes to the core of our 
democracy. It is a bi-partisan issue that I hope both Democrats and 
Republicans can join in addressing.
  Thank you, Mr. President. I yield the floor.

                          ____________________