Central America Reform and Enforcement Act
This bill requires the Deaprtment of State to submit to Congress the United States Strategy for Engagement in Central America, a seven-year strategy to advance reforms in Central American countries that address the factors driving migration to the United States. The bill sets forth elements of such strategy, including strengthening the rule of law, combatting corruption, and confronting and countering violence and crime perpetrated by armed criminal gangs.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3540 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3540
To provide a coordinated regional response to manage effectively the
endemic violence and humanitarian crisis in El Salvador, Guatemala, and
Honduras.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 2 (legislative day, September 28), 2018
Mr. Schumer (for himself, Mr. Durbin, Mrs. Murray, Mr. Menendez, Mrs.
Feinstein, Mr. Carper, Ms. Heitkamp, Mr. Warner, Ms. Baldwin, Mr.
Murphy, Ms. Cortez Masto, Ms. Duckworth, Mrs. Gillibrand, Ms. Warren,
Ms. Hirono, Mr. Wyden, Mr. Booker, Mr. Van Hollen, Mr. Sanders, Mr.
Jones, Mr. Bennet, Mr. Blumenthal, Mr. Schatz, Mr. Markey, Ms.
Klobuchar, Mr. Cardin, Mr. Udall, Mr. Kaine, Mr. Reed, Mr. Leahy, and
Mr. Heinrich) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide a coordinated regional response to manage effectively the
endemic violence and humanitarian crisis in El Salvador, Guatemala, and
Honduras.
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.
Subtitle C--Effectively Coordinating United States Engagement in
Central America
Sec. 131. United States Coordinator for Engagement in Central America.
Subtitle D--United States Leadership for Engaging International Donors
and Partners
Sec. 141. Requirement for strategy to secure support of international
donors and partners.
TITLE II--CRACKING DOWN ON CRIMINAL GANGS, CARTELS, AND COMPLICIT
OFFICIALS
Subtitle A--Strengthening Cooperation Among Law Enforcement Agencies To
Target Smugglers and Traffickers
Sec. 211. Enhanced international cooperation to combat human smuggling
and trafficking.
Sec. 212. Enhanced investigation and prosecution of human smuggling and
trafficking.
Sec. 213. Information campaign on dangers of irregular migration.
Subtitle B--Strengthening the Ability of the United States Government
To Crack Down on Smugglers, Traffickers, and Drug Cartels
Sec. 221. Enhanced penalties for organized smuggling schemes.
Sec. 222. Expanding financial sanctions on narcotics trafficking and
money laundering.
Sec. 223. Support for FBI transnational anti-gang task forces for
countering criminal gangs.
Sec. 224. Sense of Congress regarding the expansion of targeted
sanctions related to corruption and human
rights abuses.
Subtitle C--Creating New Penalties for Hindering Immigration, Border,
and Customs Controls
Sec. 231. Hindering immigration, border, and customs controls.
TITLE III--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF
REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION AND BY
STRENGTHENING REPATRIATION INITIATIVES
Subtitle A--Providing Alternative Safe Havens in Mexico and the Region
Sec. 311. Strengthening internal asylum systems in Mexico and other
countries.
Subtitle B--Expanding Refugee Processing in Mexico and Central America
for Third Country Resettlement
Sec. 321. Expanding refugee processing in Mexico and Central America
for third country resettlement.
Subtitle C--Establishing Legal Channels to the United States
Sec. 331. Program to adjust the status of certain vulnerable refugees
from Central America.
TITLE IV--MONITORING AND SUPPORTING UNACCOMPANIED ALIEN CHILDREN AFTER
PROCESSING AT THE BORDER
Sec. 401. Definitions; authorization of appropriations.
Sec. 402. Family reunification.
Sec. 403. Authorization of appropriations.
Subtitle A--Strengthening the Government's Ability To Oversee the
Safety and Well-Being of Children and Support Children Forcibly
Separated From Their Families
Sec. 411. Health care in shelters for unaccompanied alien children.
Sec. 412. Services to unaccompanied alien children after placement.
Sec. 413. Background checks to ensure the safe placement of
unaccompanied alien children.
Sec. 414. Responsibility of sponsor for immigration court compliance
and child well-being.
Sec. 415. Monitoring unaccompanied alien children.
Subtitle B--Funding to States and School Districts; Supporting
Education and Safety
Sec. 421. Funding to States to conduct State criminal checks and child
abuse and neglect checks.
Sec. 422. Unaccompanied alien children in schools.
TITLE V--ENSURING ORDERLY AND HUMANE MANAGEMENT OF CHILDREN AND
FAMILIES SEEKING PROTECTION
Subtitle A--Providing a Fair and Efficient Legal Process for Children
and Vulnerable Families Seeking Asylum
Sec. 511. Court appearance compliance and legal orientation.
Sec. 512. Fair day in court for kids.
Sec. 513. Access to counsel and legal orientation at detention
facilities.
Sec. 514. Report on access to counsel.
Sec. 515. Authorization of appropriations.
Subtitle B--Reducing Significant Delays in Immigration Court
Sec. 521. Eliminate immigration court backlogs.
Sec. 522. Improved training for immigration judges and members of the
Board of Immigration Appeals.
Sec. 523. New technology to improve court efficiency.
Subtitle C--Reducing the Likelihood of Repeated Migration to the United
States
Sec. 531. Establishing reintegration and monitoring services for
repatriating children.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 2008, incidents of murder, other violent crime,
and corruption perpetrated by criminal networks, armed gangs
and groups, and illicit trafficking organizations have remained
at alarmingly levels in El Salvador, Guatemala, and Honduras.
(2) In 2017, El Salvador and Honduras--
(A) continued to be among the most violent
countries in Latin America and the world, with 60 and
42 murders for every 100,000 people, respectively; and
(B) were characterized by a high prevalence of
gang-related violence and crimes involving sexual and
gender-based violence.
(3) El Salvador and Honduras are both among the top 3
countries in the world with the highest child homicide rates,
with more than 22 and 32 deaths per 100,000 children
respectively, according to the nongovernmental organization
Save the Children.
(4) A November 2017 report by the United Nations
Development Programme and UN Women stated that femicide ``is
taking on a devastating magnitude and trend in Central America,
where 2 in every 3 women murdered, are killed because of their
gender.''.
(5) Since 2014, elevated numbers of unaccompanied minors,
women, and other vulnerable individuals have fled violence in
Central America's Northern Triangle and left for the United
States in search of protection.
(6) Unaccompanied minors emigrating from El Salvador,
Guatemala, and Honduras cite violence, forced gang recruitment,
extortion, poverty, and lack of opportunity as reasons for
leaving their home countries.
(7) Challenges to the rule of law in the Northern Triangle
continue to be exacerbated by high levels of impunity related
to murders and violent crime. In 2015, approximately 95 percent
of murders taking place in Honduras and El Salvador remained
unresolved.
(8) The presence of major drug trafficking organizations in
the Northern Triangle contributes to violence, corruption, and
criminality. According to the Department of State's 2017
International Narcotics Control Strategy Report, El Salvador,
Guatemala, and Honduras continue to be transit countries for
illicit drugs originating from countries in South America that
are destined for the United States.
(9) In June 2018, the Office of the United Nations High
Commissioner for Human Rights found that in El Salvador, a
pattern of behavior among security personnel and weak
institutional responses may have resulted in extrajudicial
executions and excessive use of force, with official figures
indicating an alarming increase in the number of persons
(alleged gang-members) who have been killed by security
personnel.
(10) Widespread public sector corruption in the Northern
Triangle undermines economic and social development and
directly affects regional political stability.
(11) Human rights defenders, journalists, trade unionists,
social leaders, and LGBT activists in the Northern Triangle
face dire conditions, as evidenced by--
(A) the March 2016 murder of the prominent Honduran
environmental activist, Berta Caceres; and
(B) the ongoing targeted killing of civil society
leaders in all 3 countries in the Northern Triangle.
(12) The Northern Triangle struggles with high levels of
economic insecurity. In 2016, 60.9 percent of Hondurans and 38
percent of Salvadorans lived below the poverty line. In 2014,
59.3 percent of Guatemalans lived below the poverty line.
(13) Weak investment climates, low levels of tax
collection, and low levels of educational opportunity are
barriers to inclusive economic growth and social development in
the Northern Triangle.
(14) In January 2018 and May 2018, the Trump Administration
announced the termination of Temporary Protected Status
designations for Honduras and El Salvador, respectively, which
would affect more than 500,000 individuals and their United
States citizen children who may have to return to dangerous
conditions in those countries.
(15) In a November 2017 letter to the Department of
Homeland Security, then Secretary of State Rex Tillerson warned
that as a result of ending Temporary Protected Status, the
Governments of El Salvador and Honduras ``may take retaliatory
actions counter to our long-standing national security and
economic interests like withdrawing their counternarcotics and
anti-gang cooperation with the United States, reducing their
willingness to accept the return of their deported citizens, or
refraining from efforts to control illegal migration.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States support is necessary to address irregular
migration by addressing the violence and humanitarian crisis in
the Northern Triangle, which has resulted in the elevated
numbers of Central American unaccompanied children, women, and
other refugees and migrants arriving at the Southwestern border
of the United States;
(2) the violence and humanitarian crisis is linked to the
severe challenges posed by--
(A) high rates of homicide, sexual and gender-based
violence, and violent crime perpetrated by armed
criminal actors, including drug trafficking
organizations and criminal gangs, such as the MS-13 and
18th Street gangs;
(B) endemic corruption carried out by organized
networks and the weak rule of law, including the
limited institutional capacity of national police
forces, public prosecutors, and court systems; and
(C) the limited capabilities and lack of political
will on the part of Northern Triangle governments to
establish the rule of law, guarantee security, and
ensure the well-being of their citizens;
(3) the United States must work with international
partners--
(A) to address the complicated conditions in the
Northern Triangle that contribute to the violence and
humanitarian crisis; and
(B) to guarantee protections for vulnerable
populations, particularly women and children, fleeing
violence in the region;
(4) the Plan of the Alliance for Prosperity in the Northern
Triangle, which was developed by the Governments of El
Salvador, Guatemala, and Honduras, with the technical
assistance of the Inter-American Development Bank, represents a
comprehensive approach to address the complex situation in the
Northern Triangle;
(5) the United States Strategy for Engagement in Central
America, as first developed by President Obama and Vice
President Biden, provides important support for the Alliance
for Prosperity and other United States national security
priorities, including rule of law and anti-corruption
initiatives;
(6) the Trump Administration's proposed cuts in United
States foreign assistance for Central America for fiscal years
2018 and 2019, if implemented, would undermine the United
States ability to work with the Governments of El Salvador,
Guatemala, and Honduras to address critical United States
national security priorities and the factors driving migration
to the United States;
(7) the Trump Administration must reverse its decision to
terminate the Temporary Protected Status designations for El
Salvador and Honduras in order to prevent negative consequences
to United States foreign policy objectives;
(8) the United States should partner with the Government of
Mexico--
(A) to strengthen Mexico's internal asylum system;
and
(B) ensure that Mexico upholds international and
humanitarian standards;
(9) combating corruption in the Northern Triangle must
remain a critical priority and the United States must continue
its public and financial support for the United Nation's
Commission Against Impunity in Guatemala (CICIG) and the
Organization of American States' Mission to Support the Fight
Against Corruption and Impunity in Honduras (MACCIH) as part of
this effort;
(10) the Government of Guatemala should reverse its
efforts--
(A) to terminate CICIG's mandate; and
(B) to undermine the effectiveness of CICIG's
ongoing operations, including prohibiting the current
CICIG Commissioner from entering the country; and
(11) it is imperative for the United States to implement a
multi-year strategy and sustain a long-term commitment to
addressing the underlying factors causing Central Americans to
flee their countries by strengthening citizen security, the
rule of law, democratic governance, the protection of human
rights, and inclusive economic growth in the Northern Triangle.
SEC. 4. DEFINITIONS.
In this Act:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Northern triangle.--The term ``Northern Triangle''
means El Salvador, Guatemala, and Honduras.
(3) Placement.--The term ``placement'' means the placement
of an unaccompanied alien child with a sponsor.
(4) Plan.--The term ``Plan'' means the Plan of the Alliance
for Prosperity in the Northern Triangle.
(5) Sponsor.--The term ``sponsor'' means a sponsor referred
to in section 462(b)(4) of the Homeland Security Act of 2002 (6
U.S.C. 279(b)(4)).
(6) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given the term in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
TITLE I--ADVANCING REFORMS IN CENTRAL AMERICA TO ADDRESS THE FACTORS
DRIVING MIGRATION
Subtitle A--Strengthening the Capacity of Central American Governments
To Protect and Provide for Their Own People
SEC. 111. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a 7-year, interagency strategy, titled ``the United States Strategy for
Engagement in Central America'', to advance reforms in Central American
countries that address the factors driving migration.
(b) Elements.--The strategy under subsection (a) shall include
efforts to--
(1) strengthen the rule of law, improve access to justice,
and bolster the effectiveness and independence of judicial
systems and public prosecutors' offices, and the effectiveness
of civilian police forces;
(2) combat corruption and improve public sector
transparency;
(3) confront and counter the violence and crime perpetrated
by armed criminal gangs, illicit trafficking organizations, and
organized crime;
(4) disrupt money laundering operations and the illicit
financial operations of criminal networks, armed gangs, illicit
trafficking organizations, and human smugglers;
(5) strengthen democratic governance and promote greater
respect for internationally recognized human rights, labor
rights, fundamental freedoms, and the media, including through
the protection of human rights and environmental defenders,
other civil society activists, and journalists;
(6) enhance the capability of Central American governments
to protect and provide for vulnerable and at-risk populations;
(7) address the underlying causes of poverty and
inequality;
(8) address the constraints to inclusive economic growth in
Central America;
(9) prevent and respond to endemic levels of sexual and
gender-based violence; and
(10) enhance accountability for government officials,
including security force personnel, credibly alleged to have
committed gross violations of human rights or other crimes.
(c) Coordination and Consultation.--In formulating the strategy
under subsection (a), the Secretary of State shall--
(1) coordinate with the Secretary of the Treasury, the
Secretary of Defense, the Secretary of Homeland Security, the
Attorney General, and the Administrator of the United States
Agency for International Development; and
(2) consult with the Director of National Intelligence.
(d) Support for Central American Efforts.--To the degree feasible,
the strategy under subsection (a) shall support or complement efforts
being carried out by the Governments of El Salvador, of Guatemala, and
of Honduras under the Plan, in coordination with the Inter-American
Development Bank and other bilateral and multilateral donors.
(e) Prioritization.--The strategy under subsection (a) shall
prioritize programs and initiatives to address the key factors in
Central American countries that contribute to the flight of
unaccompanied alien children and other individuals to the United
States.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES STRATEGY
FOR ENGAGEMENT IN CENTRAL AMERICA.
There are authorized to be appropriated $1,500,000,000 for fiscal
year 2019 to carry out the strategy described in section 111.
SEC. 113. STRENGTHENING THE RULE OF LAW AND COMBATING CORRUPTION.
(a) In General.--In advancing the strategy under section 111, of
the amounts authorized to be appropriated pursuant to section 112,
$550,000,000 are authorized to be made available to the Secretary of
State and the Administrator of the United States Agency for
International Development to strengthen the rule of law, combat
corruption, consolidate democratic governance, and defend human rights.
(b) Assistance for Central America.--The Secretary and the
Administrator may use the amounts made available under subsection (a)
to provide assistance for Central American countries through the
activities described in subsection (c).
(c) Authorized Activities.--Activities described in this section
include--
(1) strengthening the rule of law in Central American
countries by providing support for--
(A) the Office of the Attorney General, public
prosecutors, judges, and courts in each such country,
including the enhancement of their forensics
capabilities and services;
(B) reforms leading to independent, merit-based,
selection processes for judges and prosecutors,
independent internal controls, and relevant ethics and
professional training, including training on sexual and
gender-based violence;
(C) the improvement of victim and witness
protection and access to justice; and
(D) the reform and improvement of prison facilities
and management;
(2) combating corruption by providing support for--
(A) inspectors general and oversight institutions,
including relevant training for inspectors and
auditors;
(B) international commissions against impunity,
including the International Commission Against Impunity
in Guatemala and the Support Mission Against Corruption
and Impunity in Honduras;
(C) civil society watchdogs conducting oversight of
executive branch officials and functions, police and
security forces, and judicial officials and public
prosecutors; and
(D) the enhancement of freedom of information
mechanisms;
(3) consolidating democratic governance by providing
support for--
(A) the reform of civil services, related training
programs, and relevant career laws and processes that
lead to independent, merit-based, selection processes;
(B) national legislatures and their capacity to
conduct oversight of executive branch functions;
(C) the reform and strengthening of political party
and campaign finance laws and electoral tribunals; and
(D) local governments and their capacity to provide
critical safety, education, health, and sanitation
services to citizens; and
(4) defending human rights by providing support for--
(A) human rights ombudsman offices;
(B) government protection programs that provide
physical protection to human rights defenders,
journalists, trade unionists, and civil society
activists at risk;
(C) civil society organizations that promote and
defend human rights, freedom of expression, freedom of
the press, labor rights, environmental protection, and
LGBT rights; and
(D) civil society organizations that address
sexual, domestic, and inter-partner violence against
women and protect victims of such violence.
SEC. 114. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY.
(a) In General.--In advancing the strategy under section 111, of
the amounts authorized to be appropriated pursuant to section 112,
$550,000,000 are authorized to be made available to the Secretary of
State and the Administrator of the United States Agency for
International Development to counter the violence and crime perpetrated
by armed criminal gangs, illicit trafficking organizations, and human
smugglers.
(b) Assistance for Central America.--The Secretary and the
Administrator may use the amounts made available under subsection (a)
to provide assistance for Central American countries through the
activities described in subsection (c).
(c) Authorized Activities.--Activities described in this section
include--
(1) professionalizing civilian police forces by providing
support for--
(A) the reform of personnel recruitment, vetting
and dismissal processes, including the enhancement of
polygraph capability for use in such processes;
(B) inspectors general and oversight offices,
including relevant training for inspectors and
auditors, and independent oversight mechanisms, as
appropriate;
(C) community policing policies and programs;
(D) the establishment of special vetted units;
(E) training and the development of protocols
regarding the appropriate use of force and human
rights;
(F) training on civilian intelligence collection
(including safeguards for privacy and basic civil
liberties), investigative techniques, forensic
analysis, and evidence preservation;
(G) training on the management of complex, multi-
actor criminal cases; and
(H) equipment, such as nonintrusive inspection
equipment;
(2) countering illicit trafficking by providing assistance
to the civilian law enforcement and armed forces of Central
American countries, including support for--
(A) the establishment of special vetted units;
(B) the enhancement of intelligence collection
capacity (including safeguards for privacy and basic
civil liberties);
(C) the reform of personnel recruitment, vetting,
and dismissal processes, including the enhancement of
polygraph capability for use in such processes; and
(D) port, airport, and border security systems,
including--
(i) computer infrastructure and data
management systems;
(ii) secure communications technologies;
(iii) nonintrusive inspection equipment;
(iv) radar and aerial surveillance
equipment;
(v) canine units; and
(vi) training on the equipment,
technologies, and systems listed in clauses (i)
through (v);
(3) disrupting illicit financial networks, including by
providing support for--
(A) finance ministries, including the enhancement
of the capacity to use financial sanctions to block the
assets of individuals and organizations involved in
money laundering and the financing of armed criminal
gangs, illicit trafficking networks, human smugglers,
and organized crime;
(B) financial intelligence units, including the
establishment and enhancement of anti-money laundering
programs; and
(C) the reform of bank secrecy laws; and
(4) improving crime prevention by providing support for--
(A) educational initiatives to reduce sexual and
gender-based violence;
(B) the enhancement of police and judicial capacity
to identify, investigate, and prosecute sexual and
gender-based violence;
(C) the enhancement of programs for at-risk and
criminal-involved youth, including the improvement of
community centers throughout El Salvador, Guatemala,
and Honduras; and
(D) alternative livelihood programs.
(d) Sense of Congress.--It is the sense of Congress that--
(1) operational technology transferred to governments in
Central America for intelligence or law enforcement purposes
should be used solely for the purposes for which the technology
was intended;
(2) the United States should take all necessary steps to
ensure that the use of operation technology described in
paragraph (1) is consistent with United States law, including
protections of freedom of expression, freedom of movement, and
freedom of association; and
(3) the assistance to Central American armed forces
described in subsection (c)(2) should be limited to assistance
that relates to--
(A) the armed forces activities to combat illicit
maritime and riverine trafficking; and
(B) illicit trafficking occurring at national
borders.
SEC. 115. TACKLING EXTREME POVERTY AND ADVANCING ECONOMIC DEVELOPMENT.
(a) In General.--Of the amounts authorized to be appropriated
pursuant to section 112, $400,000,000 are authorized to be made
available to the Secretary of State and the Administrator of the United
States Agency for International Development to improve economic
development and the underlying causes of poverty.
(b) Assistance for Central America.--The Secretary and the
Administrator may use the amounts made available under subsection (a)
to provide assistance for Central American countries through the
activities described in subsection (c).
(c) Authorized Activities.--Activities described in this section
include--
(1) strengthening human capital, including by providing
support for--
(A) workforce development and entrepreneurship
training programs that are driven by market demand,
specifically programs that prioritize women, at-risk
youth, and minorities;
(B) improving early-grade literacy and the
improvement of primary and secondary school curricula;
(C) relevant professional training for teachers and
educational administrators; and
(D) educational policy reform and improvement of
education sector budgeting;
(2) enhancing economic competitiveness and investment
climate by providing support for--
(A) small business development centers and programs
that strengthen supply chain integration;
(B) trade facilitation and customs harmonization
programs;
(C) reducing energy costs through investments in
clean technologies and the reform of energy policies
and regulations;
(D) the improvement of protections for investors,
including dispute resolution and arbitration
mechanisms; and
(E) the improvement of labor and environmental
standards, in accordance with the Dominican Republic-
Central America Free Trade Agreement;
(3) strengthening food security, including by providing
support for--
(A) small-scale agriculture, including--
(i) technical training;
(ii) initiatives that facilitate access to
credit; and
(iii) policies and programs that
incentivize government agencies and private
institutions to buy from local producers;
(B) agricultural value chain development for
farming communities;
(C) nutrition programs to reduce childhood stunting
rates; and
(D) investment in scientific research on climate
change and climate resiliency; and
(4) improving the state of fiscal and financial affairs,
including by providing support for--
(A) domestic revenue generation, including programs
to improve tax administration, collection, and
enforcement;
(B) strengthening public sector financial
management, including strategic budgeting and
expenditure tracking; and
(C) reform of customs and procurement policies and
processes.
Subtitle B--Conditions, Limitations, and Certifications on United
States Assistance
SEC. 121. ASSISTANCE FUNDING AVAILABLE WITHOUT CONDITION.
The Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate, may obligate up
to 25 percent of the amounts appropriated pursuant to section 112 that
are made available for the Governments of El Salvador, Guatemala, and
Honduras to carry out the United States Strategy for Engagement in
Central America.
SEC. 122. CONDITIONS ON ASSISTANCE RELATED TO COMBATING, SMUGGLING, AND
PROVIDING FOR SCREENING AND SAFETY OF MIGRANTS.
(a) Notification and Cooperation.--In addition to the amounts
authorized to be made available under sections 121 and 123, 25 percent
of the amounts appropriated pursuant to section 112 that are made
available for assistance for the Governments of El Salvador, of
Guatemala, and of Honduras may only be made available after the
Secretary of State, in consultation with the Secretary of Homeland
Security, consults with, and subsequently certifies and reports to the
appropriate congressional committees that such governments are taking
effective steps, in addition to steps taken during previous years, to--
(1) combat human smuggling and trafficking, including
investigating, prosecuting, and increasing penalties for
individuals responsible for such crimes;
(2) improve border security and border screening to detect
and deter illicit smuggling and trafficking, while respecting
the rights of individuals fleeing violence and seeking
humanitarian protection asylum, in accordance with
international law;
(3) cooperate with United States Government agencies and
other governments in the region to facilitate the safe and
timely repatriation of migrants who do not qualify for refugee
or other protected status, in accordance with international
law;
(4) improve reintegration services, in open partnership
with civil society organizations, for repatriated migrants in a
manner that ensures the safety and well-being of the individual
and reduces the likelihood of repeated migration to the United
States; and
(5) cooperate with the United Nations High Commissioner for
Refugees to improve protections for, and the processing of,
vulnerable populations, particularly women and children fleeing
violence.
SEC. 123. CONDITIONS ON ASSISTANCE RELATED TO PROGRESS ON SPECIFIC
ISSUES.
(a) Effective Implementation.--In addition to the amounts
authorized to be obligated under sections 121 and 122, 50 percent of
the amounts appropriated pursuant to section 112 that are made
available for assistance for the Governments of El Salvador, of
Guatemala, and of Honduras may only be made available after the
Secretary consults with, and subsequently certifies and reports to, the
appropriate congressional committees that such governments are taking
effective steps in their respective countries, in addition to steps
taken during the previous calendar year, to--
(1) establish and ensure the proper functioning of an
autonomous, publicly accountable entity to provide oversight of
the Plan;
(2) combat corruption, including investigating and
prosecuting government officials, military personnel, and
civilian police officers credibly alleged to be corrupt;
(3) implement reforms and strengthen the rule of law,
including increasing the capacity and independence of the
judiciary and public prosecutors;
(4) counter the activities of armed criminal gangs, illicit
trafficking networks, and organized crime;
(5) establish and implement a plan to create a
professional, accountable civilian police force and curtail the
role of the military in internal policing;
(6) investigate and prosecute, through the civilian justice
system, military and police personnel who are credibly alleged
to have violated human rights, and to ensure that the military
and the police are cooperating in such cases;
(7) counter and prevent sexual and gender-based violence;
(8) cooperate, as appropriate, with international human
rights entities and international commissions against impunity,
including the United Nation's Commission Against Impunity in
Guatemala (CICIG), the Organization of American States' Mission
to Support the Fight Against Corruption and Impunity in
Honduras (MACCIH), and any other similar entities that may be
established;
(9) implement electoral and political reforms, including
reforms related to improving the transparency of financing
political campaigns and political parties;
(10) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and other
civil society activists to operate without interference;
(11) increase government revenues, including by enhancing
tax collection, strengthening customs agencies, and reforming
procurement processes;
(12) implement reforms to strengthen educational systems,
vocational training programs, and programs for at-risk youth;
(13) resolve commercial disputes, including the
confiscation of real property, between United States entities
and the respective governments; and
(14) implement a policy by which local communities, civil
society organizations (including indigenous and marginalized
groups), and local governments are consulted in the design,
implementation, and evaluation of the activities of the Plan
that affect such communities, organizations, or governments.
(b) Additional Elements.--The Secretary of State may not certify
that the Government of Guatemala is taking effective steps to address
the issues listed in subsection (a) until after the Government of
Guatemala--
(1) extends the mandate of the International Commission
against Impunity in Guatemala (CICIG) beyond 2019; and
(2) permits the CICIG Commissioner and CICIG staff to carry
out their work with government obstruction.
(c) Exception.--The certification and reporting requirements under
subsection (a) and section 122(a) shall not apply to the amounts
appropriated pursuant to section 112 for assistance to the
International Commission against Impunity in Guatemala and the Mission
to Support the Fight against Corruption and Impunity in Honduras.
SEC. 124. ADDITIONAL LIMITATIONS.
(a) Deportations and Repatriations.--None of the amounts authorized
to be appropriated pursuant to section 112 may be used to assist in the
deportation or repatriation of any foreign person from a third country
to his or her country of origin or to another country.
(b) Fund Transfers.--Notwithstanding any other provision of law,
the Secretary of State may not transfer amounts appropriated for the
Department of State to any account managed by the Department of
Homeland Security for the purpose of assisting in the deportation or
repatriation of any foreign person from a third country to his or her
country of origin or to another country, absent a specific
authorization from Congress for such transfer.
Subtitle C--Effectively Coordinating United States Engagement in
Central America
SEC. 131. UNITED STATES COORDINATOR FOR ENGAGEMENT IN CENTRAL AMERICA.
(a) Designation.--Not later than 30 days after the date of the
enactment of this Act, the President shall designate a senior official
to coordinate all of the Federal Government's efforts, including
coordination with international partners--
(1) to strengthen citizen security, the rule of law, and
economic prosperity in Central America; and
(2) to protect vulnerable populations in the region.
(b) Supervision.--The official designated under subsection (a)
shall report directly to the President.
(c) Duties.--The official designated under subsection (a) shall
coordinate all of the efforts, activities, and programs related to
United States Strategy for Engagement in Central America, including--
(1) coordinating with the Department of State, the
Department of Justice (including the Federal Bureau of
Investigation), the Department of Homeland Security, the
intelligence community, and international partners regarding
United States efforts to dismantle and disrupt armed criminal
gangs, illicit trafficking networks, and organized crime
responsible for high levels of violence, extortion, and
corruption in Central America;
(2) coordinating with the Department of State, the United
States Agency for International Development, and international
partners regarding United States efforts to prevent and
mitigate the effects of violent criminal gangs and
transnational criminal organizations on vulnerable Central
American populations, including women and children;
(3) coordinating with the Department of State, the
Department of Homeland Security, and international partners
regarding United States efforts to counter human smugglers
illegally transporting Central American migrants to the United
States;
(4) coordinating with the Department of State, the
Department of Homeland Security, the United States Agency for
International Development, and international partners,
including the United Nations High Commissioner for Refugees, to
increase protections for vulnerable Central American
populations, improve refugee processing, and strengthen asylum
and migration systems throughout the region;
(5) coordinating with the Department of State, the
Department of Defense, the Department of Justice (including the
Drug Enforcement Administration), the Department of the
Treasury, the intelligence community, and international
partners regarding United States efforts to combat illicit
narcotics traffickers, interdict transshipments of illicit
narcotics, and disrupt the financing of the illicit narcotics
trade;
(6) coordinating with the Department of State, the
Department of the Treasury, the Department of Justice, the
intelligence community, the United States Agency for
International Development, and international partners regarding
United States efforts to combat corruption, money laundering,
and illicit financial networks;
(7) coordinating with the Department of State, the
Department of Justice, the United States Agency for
International Development, and international partners regarding
United States efforts to strengthen the rule of law, democratic
governance, and human rights protections; and
(8) coordinating with the Department of State, the
Department of Agriculture, the United States Agency for
International Development, the Overseas Private Investment
Corporation, the United States Trade and Development Agency,
the Department of Labor, and international partners, including
the Inter-American Development Bank, to strengthen the
foundation for inclusive economic growth and improve food
security, investment climate, and protections for labor rights.
(d) Consultation.--The official designated under subsection (a)
shall consult with Congress, multilateral organizations and
institutions, foreign governments, and domestic and international civil
society organizations.
Subtitle D--United States Leadership for Engaging International Donors
and Partners
SEC. 141. REQUIREMENT FOR STRATEGY TO SECURE SUPPORT OF INTERNATIONAL
DONORS AND PARTNERS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) Strategy.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a 3-year
strategy to the appropriate congressional committees that--
(1) describes how the United States will secure support
from international donors and regional partners (including
Colombia and Mexico) for the implementation of the Plan;
(2) identifies governments that are willing to provide
financial and technical assistance for the implementation of
the Plan and a description of such assistance; and
(3) identifies the financial and technical assistance to be
provided by multilateral institutions, including the Inter-
American Development Bank, the World Bank, the International
Monetary Fund, the Andean Development Corporation--Development
Bank of Latin America, and the Organization of American States,
and a description of such assistance.
(c) Diplomatic Engagement and Coordination.--The Secretary of
State, in coordination with the Secretary of the Treasury, as
appropriate, shall--
(1) carry out diplomatic engagement to secure contributions
of financial and technical assistance from international donors
and partners in support of the Plan; and
(2) take all necessary steps to ensure effective
cooperation among international donors and partners supporting
the Plan.
(d) Report.--Not later than 1 year after submitting the strategy
under subsection (b), and annually thereafter, the Secretary of State
shall submit a report to the appropriate congressional committees that
describes--
(1) the progress made in implementing the strategy; and
(2) the financial and technical assistance provided by
international donors and partners, including the multilateral
institutions listed in subsection (b)(3).
(e) Briefings.--Upon a request from 1 of the appropriate
congressional committees, the Secretary of State shall provide a
briefing to such committee that describes the progress made in
implementing the strategy submitted under subsection (b).
TITLE II--CRACKING DOWN ON CRIMINAL GANGS, CARTELS, AND COMPLICIT
OFFICIALS
Subtitle A--Strengthening Cooperation Among Law Enforcement Agencies To
Target Smugglers and Traffickers
SEC. 211. ENHANCED INTERNATIONAL COOPERATION TO COMBAT HUMAN SMUGGLING
AND TRAFFICKING.
The Secretary of State, in coordination with the heads of relevant
Federal agencies, shall expand partnership efforts with law enforcement
entities in El Salvador, Guatemala, Honduras, and Mexico seeking to
combat human smuggling and trafficking in those countries, including--
(1) the creation or expansion of transnational criminal
investigative units to identify, disrupt, and prosecute human
smuggling and trafficking operations;
(2) participation by U.S. Immigration and Customs
Enforcement and the Department of Justice in the Bilateral
Human Trafficking Enforcement Initiative with their Mexican law
enforcement counterparts; and
(3) advanced training programs for investigators and
prosecutors from El Salvador, Guatemala, Honduras, and Mexico.
SEC. 212. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING AND
TRAFFICKING.
(a) In General.--The Attorney General and the Secretary of Homeland
Security shall expand collaborative programs aimed at investigating and
prosecuting human smugglers and traffickers targeting Central American
children and families and operating at the southwestern border of the
United States, including the continuation and expansion of anti-
trafficking coordination teams.
(b) Homeland Security Investigations.--The Secretary of Homeland
Security, in consultation with the Director of U.S. Immigration and
Customs Enforcement, shall increase the resources available to Homeland
Security Investigations to facilitate the expansion of its smuggling
and trafficking investigations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsections (a)
and (b).
SEC. 213. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.
(a) In General.--The Secretary of State, in consultation with the
heads of relevant Federal agencies, shall design and implement public
information campaigns in El Salvador, Guatemala, and Honduras--
(1) to disseminate information about the dangers of travel
across Mexico to the United States; and
(2) to combat misinformation about United States
immigration law or policy; and
(3) to provide accurate information about the right to seek
asylum.
(b) Elements.--The information campaigns implemented pursuant to
subsection (a) shall, to the greatest extent possible--
(1) be targeted at populations and localities with high
migration rates;
(2) be in local languages;
(3) employ a variety of communications media; and
(4) be developed in consultation with program officials at
the Department of Homeland Security, the Department of State,
and other government, nonprofit, or academic entities in close
contact with migrant populations from El Salvador, Guatemala,
and Honduras, including repatriated migrants.
Subtitle B--Strengthening the Ability of the United States Government
To Crack Down on Smugglers, Traffickers, and Drug Cartels
SEC. 221. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING SCHEMES.
(a) In General.--Section 274(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively;
(2) by inserting after clause (ii) the following:
``(iii) in the case of a violation of subparagraph (A)(i)
during and in relation to which the person, while acting for
profit or other financial gain, knowingly directs or
participates in an effort or scheme to assist or cause 10 or
more persons (other than a parent, spouse, sibling, or child of
the offender) to enter or to attempt to enter the United States
at the same time at a place other than a designated port of
entry or place other than designated by the Secretary, be fined
under title 18, United States Code, imprisoned not more than 15
years, or both;''; and
(3) in clause (iv), as redesignated, by inserting ``commits
or attempts to commit sexual assault of,'' after ``section 1365
of title 18, United States Code) to,''.
(b) Bulk Cash Smuggling.--Section 5332(b)(1) of title 31, United
States Code, is amended--
(1) in the paragraph heading, by striking ``Term of
imprisonment'' and inserting ``In general''; and
(2) by inserting ``, fined under title 18, or both'' after
``5 years''.
SEC. 222. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND
MONEY LAUNDERING.
(a) Findings.--Congress finds the following:
(1) In July 2011, President Obama released ``Strategy to
Combat Transnational Organized Crime'', which articulates a
multidimensional response to combat transnational organized
crime, including drug trafficking networks, armed criminal
gangs, and money laundering.
(2) The Strategy calls for expanded efforts to dismantle
illicit financial networks, including through maximizing the
use of the Foreign Narcotics Kingpin Designation Act (21 U.S.C.
1901 et seq.).
(b) Financial Sanctions Expansion.--
(1) In general.--The Secretary of the Treasury, the
Attorney General, the Secretary of State, the Secretary of
Defense, and the Director of Central Intelligence shall expand
investigations, intelligence collection, and analysis pursuant
to the Foreign Narcotics Kingpin Designation Act to increase
the identification and application of sanctions against--
(A) significant foreign narcotics traffickers,
their organizations and networks; and
(B) foreign persons who provide material,
financial, or technological support to such
traffickers, organizations, and networks.
(2) Targets.--The activities described in paragraph (1)
shall specifically target foreign narcotics traffickers, their
organizations and networks, and the foreign persons who provide
material, financial, or technological support to such
traffickers, organizations, and networks that are present and
operating in Central America.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (b).
SEC. 223. SUPPORT FOR FBI TRANSNATIONAL ANTI-GANG TASK FORCES FOR
COUNTERING CRIMINAL GANGS.
(a) Findings.--Congress finds that the Federal Bureau of
Investigation's Transnational Anti-Gang Task Forces established in 2007
in El Salvador, through cooperation between the FBI and the Department
of State, to combat criminal gangs, including the MS-13 and 18th Street
gangs, should be expanded.
(b) Task Force Expansion.--The Director of the Federal Bureau of
Investigation, in coordination with the Secretary of State, shall
expand the efforts of the Transnational Anti-Gang Task Forces in El
Salvador, Guatemala, and Honduras, including by--
(1) expanding transnational criminal investigations focused
on criminal gangs in El Salvador, Guatemala, and Honduras, such
as MS-13 and 18th Street;
(2) expanding training and partnership efforts with
Salvadoran, Guatemalan, and Honduran law enforcement entities
in order to disrupt and dismantle criminal gangs, both
internationally and in their respective countries;
(3) establishing or expanding special vetted investigative
units; and
(4) collecting and disseminating intelligence to support
related United States-based investigations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated, to the Bureau of International Narcotics and Law
Enforcement Affairs, such sums as may be necessary to carry out
subsection (b).
SEC. 224. SENSE OF CONGRESS REGARDING THE EXPANSION OF TARGETED
SANCTIONS RELATED TO CORRUPTION AND HUMAN RIGHTS ABUSES.
It is the sense of Congress that--
(1) the President should intensify targeting of and impose
sanctions regularly on a range of foreign persons from or in
Central America determined to be responsible for human rights
abuses, corruption-related misconduct, and other misconduct
identified pursuant to the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note);
(2) the Director of National Intelligence, in coordination
with the Director of the Central Intelligence Agency and other
United States intelligence agencies, as appropriate, should
expand intelligence collection and analysis in support of the
efforts described in paragraph (1); and
(3) the efforts described in paragraph (1) should
specifically target foreign persons, including foreign
government officials, complicit in acts that weaken, run
counter to, or undermine the strategy described in section 111.
Subtitle C--Creating New Penalties for Hindering Immigration, Border,
and Customs Controls
SEC. 231. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
(a) Immigration and Nationality Act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after
section 274D the following:
``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
``(a) Illicit Spotting.--
``(1) In general.--It shall be unlawful to knowingly
surveil, track, monitor, or transmit the location, movement, or
activities of any officer or employee of a Federal, State, or
tribal law enforcement agency--
``(A) with the intent to gain financially; and
``(B) in furtherance of any violation of the
immigration laws, the customs and trade laws of the
United States (as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public
Law 114-125)), any other Federal law relating to
transporting controlled substances, agriculture, or
monetary instruments into the United States, or any
Federal law relating to border controls measures of the
United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.
``(b) Destruction of United States Border Controls.--
``(1) In general.--It shall be unlawful to knowingly and
without lawful authorization--
``(A) destroy or significantly damage any fence,
barrier, sensor, camera, or other physical or
electronic device deployed by the Federal Government to
control an international border of, or a port of entry
to, the United States; or
``(B) otherwise seek to construct, excavate, or
make any structure intended to defeat, circumvent or
evade such a fence, barrier, sensor camera, or other
physical or electronic device deployed by the Federal
Government to control an international border of, or a
port of entry to, the United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.''.
(b) Clerical Amendment.--The table of contents of such Act (8
U.S.C. 1101 et seq.) is amended by inserting after the item relating to
section 274D the following:
``Sec. 274E. Hindering immigration, border, and customs controls.''.
TITLE III--MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF
REFUGEE CHILDREN AND FAMILIES IN-COUNTRY AND IN THE REGION AND BY
STRENGTHENING REPATRIATION INITIATIVES
Subtitle A--Providing Alternative Safe Havens in Mexico and the Region
SEC. 311. STRENGTHENING INTERNAL ASYLUM SYSTEMS IN MEXICO AND OTHER
COUNTRIES.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall work with international partners,
including the United Nations High Commissioner for Refugees, to support
and provide technical assistance to strengthen the domestic capacity of
Mexico and other countries in the region to provide asylum to eligible
children and families, in accordance with international law and best
practices, by--
(1) establishing and expanding temporary and long-term in-
country reception centers and shelter capacity to meet the
humanitarian needs of those seeking asylum or other forms of
international protection;
(2) improving the asylum registration system to ensure that
all individuals seeking asylum or other humanitarian
protection--
(A) are provided with adequate information about
their rights, including their right to seek protection;
(B) are properly screened for security, including
biographic and biometric capture;
(C) receive due process and meaningful access to
existing legal protections; and
(D) receive proper documents in order to prevent
fraud and ensure freedom of movement and access to
basic social services;
(3) creating or expanding a corps of trained asylum
officers capable of evaluating and deciding individual asylum
claims consistent with international law and obligations; and
(4) developing the capacity to conduct best interest
determinations for unaccompanied alien children to ensure that
their needs are properly met, which may include family
reunification or resettlement in the United States or another
country based on international protection needs and the best
interests of the child.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Homeland Security, shall submit a report that describes the plans of
the Secretary of State to assist in developing the asylum processing
capabilities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Homeland Security of the House of
Representatives;
(7) the Committee on the Judiciary of the House of
Representatives; and
(8) the Committee on Appropriations of the House of
Representatives.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
Subtitle B--Expanding Refugee Processing in Mexico and Central America
for Third Country Resettlement
SEC. 321. EXPANDING REFUGEE PROCESSING IN MEXICO AND CENTRAL AMERICA
FOR THIRD COUNTRY RESETTLEMENT.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall coordinate with the United
Nations High Commissioner for Refugees to support and provide technical
assistance to the Government of Mexico and the governments of other
countries in the region to increase access to global resettlement for
eligible children and families with protection needs, in accordance
with international law and best practices, by--
(1) establishing and expanding in-country refugee reception
centers to meet the humanitarian needs of those seeking
international protection;
(2) improving the refugee registration system to ensure
that all refugees--
(A) are provided with adequate information about
their rights, including their right to seek protection;
(B) are properly screened for security, including
biographic and biometric capture;
(C) receive due process and meaningful access to
existing legal protections; and
(D) receive proper documents in order to prevent
fraud and ensure freedom of movement and access to
basic social services;
(3) creating or expanding a corps of trained refugee
officers capable of evaluating and deciding individual claims
for protection, consistent with international law and
obligations; and
(4) developing the capacity to conduct best interest
determinations for unaccompanied alien children to ensure
that--
(A) such children with international protection
needs are properly registered; and
(B) their needs are properly met, which may include
family reunification or resettlement in the United
States or another country based on international
protection needs and the best interests of the child.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Homeland Security, shall submit a report to the committees listed in
section 311(b) that describes the plans of the Secretary of State to
assist in developing the refugee processing capabilities described in
subsection (a).
(c) Sense of Congress.--It is the sense of Congress that the
conditions in Mexico, as of the date of the enactment of this Act, do
not meet the necessary threshold for the United States Government to
sign a safe third country agreement with the Government of Mexico.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
Subtitle C--Establishing Legal Channels to the United States
SEC. 331. PROGRAM TO ADJUST THE STATUS OF CERTAIN VULNERABLE REFUGEES
FROM CENTRAL AMERICA.
(a) Definitions.--In this section:
(1) Refugee status.--The term ``refugee status'' has the
meaning given the term in section 101(a)(42) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(42)), except that the
alien may apply inside his or her country of nationality if
there is a designated application processing center present.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Purpose.--The purpose of this section is to establish a refugee
processing program for nationals of El Salvador, Guatemala, and
Honduras to respond to country conditions and the growing need to
provide an alternative to the dangerous journey to the United States of
America.
(c) Admission of Eligible Central American Aliens as Refugees.--
Notwithstanding the numerical limitations set forth in section 207 of
the Immigration and Nationality Act (8 U.S.C. 1157), the Secretary
shall adjust the status of an alien who is a national of El Salvador,
Guatemala, or Honduras to that of an alien admitted as a refugee if the
alien--
(1) applies for such refugee status at a Designated
Application Processing Center (as defined in subsection (e));
and
(2) is eligible under subsection (d).
(d) Central Americans Eligible for Refugee Admission.--
(1) In general.--Admission as a refugee or adjustment of
status to that of a refugee shall be available to any alien, or
members of the alien's family, if--
(A) the alien is a national of El Salvador,
Guatemala, or Honduras;
(B) the alien otherwise meets the definition of a
refugee, except that the alien may apply from inside
his or her country of nationality;
(C)(i) the alien presents himself or herself at a
Designated Application Processing Center for
consideration of refugee status under this section; or
(ii) in the case of an alien who is a minor, a
parent, legal guardian, the minor, or an adult
authorized by the minor to speak on his or her behalf,
presents an application for the minor; and
(D) the alien passes all relevant medical, national
security, and background checks.
(2) Effect of denial of refugee status.--The denial of
refugee status under the Central American Minors Program--
(A) shall not be held determinative with respect to
an adjudication under this section; and
(B) shall not prejudice the results of an
adjudication under this section.
(e) Designated Application Processing Centers.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
establish a minimum of 4 application processing centers in 4
different physical locations, with the consent of the hosting
nation, if necessary.
(2) Locations.--The Secretary of State shall ensure that 1
application processing center is established--
(A) at each of the American embassies located in El
Salvador, Guatemala, and Honduras; and
(B) in any other country in Central America
selected by the Secretary of State.
(3) Application for refugee status.--The Secretary of State
shall ensure that any alien who is physically present at the
application processing center is permitted--
(A) to apply for refugee status under this section;
(B) to include his or her family in the application
for refugee status, regardless of such alien's status;
and
(C) if the alien applying for refugee status is an
unaccompanied minor, to have legal counsel present at
all interviews.
(4) Adjudication.--Applications submitted at application
processing centers under this section shall be adjudicated by
refugee officers from the Refugee, Asylum and International
Operations Directorate at U.S. Citizenship and Immigration
Services.
(f) Exceptions.--Subsections (c)(1) and (d)(1)(C) shall be waived
by the Secretary if the alien, or his or her family--
(1) is a national of El Salvador or Honduras;
(2) was in temporary protected status under section 244 of
the Immigration and Nationality Act (8 U.S.C. 1254a) on the
date on which his or her country of nationality's designation
under subsection (b) of such section was terminated;
(3) has maintained physical presence in the United States
since the effectiveness date of the most recent designation,
extension, or termination; and
(4) would be eligible to reapply, under such section 244,
if his or her country of nationality's designation had not been
terminated.
(g) Application Fees.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall ensure that applicants for refugee status are
not charged fees in order to apply for humanitarian relief
under this section.
(2) Previous denial.--The Secretary may charge a reasonable
fee to an alien who applies for refugee status under this
section after having previously been denied refugee status
unless such denial occurred before the alien attained 21 years
of age.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE IV--MONITORING AND SUPPORTING UNACCOMPANIED ALIEN CHILDREN AFTER
PROCESSING AT THE BORDER
SEC. 401. DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS.
(a) Definitions.--In this title:
(1) Department.--The term ``Department'' means the
Department of Health and Human Services.
(2) Director.--The term ``Director'' means the Director of
the Office of Refugee Resettlement of the Department.
(3) Flores settlement agreement.--The term ``Flores
settlement agreement'' means the Stipulated Settlement
Agreement filed in the United States District Court for the
Central District of California on January 17, 1997 (CV 85-4544-
RJK).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Resident adult.--The term ``resident adult'' means any
individual who is at least 18 years of age and regularly lives,
shares common areas, and sleeps in a sponsor or prospective
sponsor's home.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) Specialized instructional support personnel;
specialized instructional support services.--The terms
``specialized instructional support personnel'' and
``specialized instructional support services'' have the
meanings given such terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Zero tolerance policy.--The term ``zero tolerance
policy'' means the policy described in the memorandum of the
Attorney General entitled ``Zero-Tolerance for Offenses Under 8
U.S.C. Sec. 1325(a)'', issued on April 6, 2018.
SEC. 402. FAMILY REUNIFICATION.
(a) Directives to Federal Agencies.--
(1) Family reunification.--Consistent with section 235 of
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232) and other
applicable Federal law, the Secretary shall reallocate
resources to facilitate the immediate family reunification of
each child separated from his or her parent or guardian at or
near a port of entry or within 100 miles of the border or
otherwise removed from her or her parent or legal guardian by
the Secretary, the Secretary of Homeland Security, the Attorney
General, the Director of the Bureau of Prisons, or any agent or
agency thereof, if such reunification is in the best interest
of the child.
(2) Compliance with federal law.--The Secretary, the
Secretary of Homeland Security, the Attorney General, the
Director of the Bureau of Prisons, and any other head of a
Federal agency involved in the proceedings against a parent or
guardian separated from the parent or guardian's child (as
described in paragraph (1)) shall immediately change policies,
procedures, and practices--
(A) to reunify the child separated from his or her
parent or guardian; and
(B) to comply with section 235 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232), the Flores
settlement agreement, and other applicable Federal law.
(b) Parental Rights.--Consistent with the laws of the State in
which the child is located, only an order from a court of competent
jurisdiction may terminate the rights of a parent or guardian over an
unaccompanied alien child, including any such child separated from the
parent or guardian at such a border.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
Subtitle A--Strengthening the Government's Ability To Oversee the
Safety and Well-Being of Children and Support Children Forcibly
Separated From Their Families
SEC. 411. HEALTH CARE IN SHELTERS FOR UNACCOMPANIED ALIEN CHILDREN.
(a) Access to Services.--The Secretary shall direct the Director,
in carrying out the functions transferred to the Director under section
462(a) of the Homeland Security Act of 2002 (6 U.S.C. 279(a))--
(1) to ensure that unaccompanied alien children who have
not been placed with a sponsor have access to comprehensive,
age-appropriate medical, behavioral, and mental health care
services, including evidence-based and trauma-informed
treatments, provided by qualified health care professionals
with the appropriate certifications, licensure, training, and
expertise in treating children, including infants, toddlers,
and other children who are younger than 13 years of age; and
(2) to issue guidance to grantees, not later than 60 days
after the date of the enactment of this Act, on the procedures
for prescribing, reporting, and administration of psychotropic
medication.
(b) National Child Traumatic Stress Initiative.--
(1) Grants authorized.--Out of amounts appropriated
pursuant to section 403 to carry out this section, the
Secretary shall award grants, contracts, or cooperative
agreements to public and nonprofit private entities and Indian
tribes and tribal organizations (as defined in section 4 of the
Indian Self-Determination and Educational Assistance Act (25
U.S.C. 5304)), for the purpose of developing and maintaining
programs that respond to the needs of unaccompanied alien
children in the care of the Office of Refugee Resettlement.
(2) Best practices for traumatized children.--The National
Child Traumatic Stress Initiative coordinating center described
in section 582(a)(1) of the Public Health Service Act (42
U.S.C. 290hh-1(a)(1)) shall develop, and make publically
available, best practices for providing evidence-based and
trauma-informed health care treatment to unaccompanied alien
children in the care of the Office of Refugee Resettlement
(including such children who are traumatized by separation from
parents or guardians by the Federal Government to facilitate
enforcement of the zero tolerance policy and other infants,
toddlers, and children who are younger than 13 years of age)--
(A) to carry out programs under paragraph (1);
(B) to provide services under section 412(a); and
(C) to conduct assessments under section
412(a)(1)(A).
(c) Oversight on Access to Quality Health Care.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 3 years thereafter, the
Comptroller General of the United States shall conduct an
evaluation of the medical, behavioral, and mental health
services provided to unaccompanied alien children in the care
of the Office of Refugee Resettlement and submit a report and
recommendations to the Department, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on
the Judiciary of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
the Judiciary of the House of Representatives.
(2) Content.--Each report under paragraph (1) shall
address--
(A) the extent to which entities with which the
Office of Refugee Resettlement contracts meet
established standards for ensuring the safety and well-
being of alien children in their care;
(B) the quality and appropriateness of the health
care services provided to such children, including the
administration of medications and treatment;
(C) the extent to which medical, behavioral, and
mental health services address the needs of traumatized
children and mitigate the long-term health consequences
of trauma exposure;
(D) the adequacy of practices to assess the
qualifications, including training and licensure, of
the professionals administering care, including the
expertise of such professionals in providing trauma-
informed care;
(E) the adequacy of appropriately-trained health
care staff at the Office of Refugee Resettlement tasked
with assessing the adequacy of care provided to
children in their care; and
(F) oversight, investigations, and actions taken to
address allegations against contracted entities of
mistreatment, abuse, or neglect of children under any
program under Federal or State law.
SEC. 412. SERVICES TO UNACCOMPANIED ALIEN CHILDREN AFTER PLACEMENT.
(a) Trauma-Informed, Risk-Based, Post-Placement Services.--
(1) In general.--Using amounts appropriated pursuant to
section 403 to carry out this section, the Secretary shall
assist each unaccompanied alien child in a placement with a
sponsor by--
(A) completing an individualized assessment of the
need for services to be provided after placement; and
(B) providing such post-placement services during
the pendency of all immigration proceedings or until no
longer necessary, whichever is later.
(2) Minimum services.--The services referred to in
paragraph (1)(B) shall include--
(A) for the unaccompanied alien child, at least 1
post-placement case management services visit not later
than 30 days after placement with a sponsor and the
referral of the child to service providers in the
community;
(B) for the family of the child's sponsor,
orientation and other functional family support
services, as determined to be necessary in the
individualized assessment; and
(C) for each unaccompanied alien child traumatized
by separation of such child from the child's parent or
guardian by the Federal Government, comprehensive,
trauma-informed services to assist such child.
(b) Effective Use of Child Advocates for the Most Vulnerable
Unaccompanied Alien Children.--The Secretary shall--
(1) direct the Director--
(A) to identify and track the referral rates of
unaccompanied alien children to child advocates by care
providers and investigate instances in which such a
rate is low;
(B) to ensure that the referral criteria
established by the Director are appropriately applied
when a care provider determines if such a child is
eligible for referral to a child advocate;
(C) to provide technical assistance to care
providers to ensure compliance with such criteria;
(D) to establish a process for stakeholders and the
public to refer unaccompanied alien children, including
those placed with a sponsor, to the child advocate
program to determine if such child meets the referral
criteria for appointment of a child advocate; and
(E) to refer to a child advocate each unaccompanied
alien child described in subsection (a)(2)(C); and
(2) ensure that each child advocate for an unaccompanied
alien child--
(A) is provided access to materials necessary to
advocate effectively for the best interest of the
child, including direct access to significant incident
reports, home studies, and similar materials and
information; and
(B) is notified when new materials and information
described in subparagraph (A) relating to the child are
created or become available.
SEC. 413. BACKGROUND CHECKS TO ENSURE THE SAFE PLACEMENT OF
UNACCOMPANIED ALIEN CHILDREN.
(a) Criminal and Civil Record Checks.--
(1) Requirement.--In carrying out the functions transferred
to the Director under section 462(a) of the Homeland Security
Act of 2002 (6 U.S.C. 279(a)), from amounts appropriated
pursuant to section 401(b) to carry out this section, the
Director shall perform, consistent with best practices in the
field of child welfare, and a prospective sponsor and all
resident adults in the home of the prospective sponsor shall
submit to the following record checks (which shall be completed
as expeditiously as possible):
(A) Fingerprint-based checks (except as described
in paragraph (2)) in national crime information
databases, as defined in section 534(e)(3) of title 28,
United States Code.
(B) A search of the State criminal registry or
repository for any State (except as described in
paragraph (3)) in which the prospective sponsor or
resident adult has resided during the 5 years preceding
the search.
(C) A search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919).
(D) A search (except as described in paragraphs (2)
and (3)) of State-based child abuse and neglect
registries and databases for any State in which the
prospective sponsor or resident adult has resided
during the 5 years preceding the search.
(2) Parents and guardians.--For purposes of paragraph (1),
if the prospective sponsor is the parent or guardian of the
child involved, the Director shall have discretion to determine
whether the Director shall perform, and the prospective sponsor
and resident adults described in paragraph (1) shall submit to,
a check described in subparagraph (A) or (D) of paragraph (1).
(3) Waivers.--
(A) In general.--If the Secretary determines that
it is not feasible to conduct the check described in
subparagraph (B) or (D) of paragraph (1) for a State,
including infeasibility due to a State's refusal or
nonresponse in response to a request for related
information, or that the average time to receive
results from a State for such a check is more than 10
business days, the Secretary may waive the requirements
of that subparagraph with respect to the State involved
for a period of not more than 1 year. The Secretary may
renew the waiver in accordance with this subparagraph.
(B) Prohibition on delegation.--The Secretary may
not delegate the responsibility under subparagraph (A)
to another officer or employee of the Department.
(C) States where waivers apply.--The Secretary
shall make available, on a website of the Department,
the list of States for which the requirements of
subparagraph (B) or (D) of paragraph (1) are waived
under this paragraph.
(4) Use of record checks.--The information revealed by a
record check performed pursuant to this section shall be used
only by the Director for the purpose of determining whether a
potential sponsor is a suitable sponsor for a placement for an
unaccompanied alien child.
(b) Placement Determinations Generally.--
(1) Denials required for certain crimes.--The Director
shall deny any placement for a prospective sponsor (other than
the parent or guardian of the child involved), and may deny any
placement for a prospective sponsor who is the parent or
guardian of the child involved subject to subsection (c), if
the record checks performed pursuant to this section reveal
that the prospective sponsor or a resident adult in the home of
the prospective sponsor was convicted at age 18 or older of a
crime that is a felony consisting of any of the following:
(A) Domestic violence, stalking, child abuse, child
neglect, or child abandonment, if the prospective
sponsor or resident adult served at least 1 year
imprisonment for a crime specified in this
subparagraph, or if the prospective sponsor or resident
adult was convicted of 2 or more crimes specified in
this subparagraph, not arising out of a single scheme
of criminal misconduct.
(B) A crime against a child involving pornography.
(C) Human trafficking.
(D) Rape or sexual assault.
(E) Homicide.
(2) Denials considered for certain offenses.--The Director
may deny a placement for a prospective sponsor if the record
checks performed pursuant to this section reveal that the
prospective sponsor or a resident adult in the home of a
prospective sponsor was adjudged guilty of a civil offense or
was convicted of a crime not covered by paragraph (1). The
Director, in making a determination about whether to approve or
deny the placement, shall consider all of the following
factors:
(A) The type of offense.
(B) The number of offenses the sponsor or resident
adult has been adjudged guilty or convicted of.
(C) The length of time that has elapsed since the
adjudication or conviction.
(D) The nature of the offense.
(E) The age of the individual at the time of the
adjudication or conviction.
(F) The relationship between the offense and the
capacity to care for a child.
(G) Evidence of rehabilitation of the individual.
(H) Opinions of community and family members
concerning the individual.
(c) Placement Determinations Concerning Parents or Guardians.--The
Director may deny a placement for a prospective sponsor who is the
parent or guardian of the child involved if the record checks performed
pursuant to this section reveal that the prospective sponsor or a
resident adult in the home of a prospective sponsor was adjudged guilty
of a civil offense or was convicted of a crime. The Director, in making
a determination about whether to approve or deny the placement, shall
consider all of the factors described in subsection (b)(2).
(d) Appeals Process.--
(1) Information.--The Secretary shall provide information
to each prospective sponsor on how such sponsor may appeal--
(A) a placement determination under this section,
including--
(i) prompt notice of the opportunity to so
appeal; and
(ii) instructions about how to participate
in the appeals process; and
(B) the results of a record check performed
pursuant to this section or the accuracy or
completeness of the information yielded by the record
check, as provided in paragraph (2), including--
(i) prompt notice of the opportunity to so
appeal; and
(ii) instructions about how to participate
in the appeals process.
(2) Appeal.--Each Federal agency responsible for
administering or maintaining the information in a database,
registry, or repository used in a record check performed
pursuant to this section or responsible for the accuracy or
completeness of the information yielded by the record check
shall--
(A) establish a process for an appeal concerning
the results of that record check, or that accuracy or
completeness; and
(B) complete such process not later than 30 days
after the date on which such an appeal is filed.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Director from establishing additional checks
or procedures (besides the checks required in this section) for
sponsors, to enable the Director to--
(1) oversee and promote the health, safety, and well-being
of unaccompanied alien children; or
(2) prevent the exploitation, neglect, or abuse of
unaccompanied alien children.
SEC. 414. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT COMPLIANCE
AND CHILD WELL-BEING.
(a) In General.--Using amounts appropriated pursuant to section
401(b) to carry out this section, the Secretary, in consultation with
the Attorney General, shall establish procedures to ensure that legal
orientation programs regarding immigration court and rights and
responsibilities for the well-being of unaccompanied alien children are
provided to all prospective sponsors of unaccompanied alien children
prior to an unaccompanied alien child's placement with such a sponsor.
(b) Program Elements.--The procedures described in subsection (a)
shall include a requirement that each legal orientation program
described in such subsection shall provide information on the sponsor's
rights and responsibilities to--
(1) ensure the unaccompanied alien child appears at
immigration proceedings and communicate with the court involved
regarding the child's change of address and other relevant
information;
(2) immediately enroll the child in school, and shall
provide information and resources if the sponsor encounters
difficulty enrolling such child in school;
(3) provide access to health care, including mental health
care as needed, and any necessary age-appropriate health
screening to the child;
(4) report potential child traffickers and other persons
seeking to victimize or exploit unaccompanied alien children,
or otherwise engage such children in criminal, harmful, or
dangerous activity;
(5) seek assistance from the Department regarding the
health, safety, and well-being of the child placed with the
sponsor; and
(6) file a complaint, if necessary, with the Secretary or
the Secretary of Homeland Security regarding treatment of
unaccompanied alien children while under the care of the Office
of Refugee Resettlement or the Department of Homeland Security,
respectively.
SEC. 415. MONITORING UNACCOMPANIED ALIEN CHILDREN.
(a) Risk-Based Post-Placement Services.--
(1) In general.--Using amounts appropriated pursuant to
section 401(b) to carry out this section, the Secretary shall,
to assist each unaccompanied alien child in a placement with a
sponsor--
(A) complete an individualized assessment of the
need for services to be provided after placement; and
(B) provide such post-placement services during the
pendency of removal proceedings or until no longer
necessary.
(2) Minimum services.--For the purposes of paragraph (1),
the services shall, at a minimum, include--
(A) for the unaccompanied alien child, at least one
post-placement case management services visit within 30
days after placement with a sponsor and the referral of
unaccompanied alien children to service providers in
the community; and
(B) for the family of the child's sponsor,
orientation and other functional family support
services, as determined to be necessary in the
individualized assessment.
(b) Effective Use of Child Advocates for the Most Vulnerable
Unaccompanied Alien Children.--The Secretary shall--
(1) direct the Director--
(A) to identify and track the referral rates of
unaccompanied alien children to child advocates by care
providers and investigate instances in which such a
rate is low;
(B) to ensure that the referral criteria
established by the Director are appropriately applied
when a care provider determines if such a child is
eligible for referral to a child advocate;
(C) to provide technical assistance to care
providers to ensure compliance with such criteria; and
(D) to establish a process for stakeholders and the
public to refer unaccompanied alien children, including
those placed with a sponsor, to the child advocate
program to determine if such child meets the referral
criteria for appointment of a child advocate; and
(2) ensure that each child advocate for an unaccompanied
alien child shall--
(A) be provided access to materials necessary to
advocate effectively for the best interest of the
child, including direct access to significant incident
reports, home studies, and similar materials and
information; and
(B) be notified when new materials and information
described in subparagraph (A) relating to the child are
created or become available.
Subtitle B--Funding to States and School Districts; Supporting
Education and Safety
SEC. 421. FUNDING TO STATES TO CONDUCT STATE CRIMINAL CHECKS AND CHILD
ABUSE AND NEGLECT CHECKS.
(a) Defined Term.--In this section, the term ``State'' means each
of the 50 States of the United States and the District of Columbia.
(b) Payments to States To Conduct State Criminal Registry or
Repository Searches and To Conduct Child Abuse and Neglect Checks.--
(1) In general.--Using amounts appropriated pursuant to
section 401(b) to carry out this section, the Secretary shall,
in accordance with this subsection, make payments to States,
through each agency in each State tasked with administering the
State criminal registry or repository required under section
411(a)(1)(B) or the State child abuse and neglect registry
required under section 411(a)(1)(D), to assist with searches of
such registries, repositories, or databases for prospective
sponsors of unaccompanied alien children and resident adults in
the home of such prospective sponsors, in accordance with
section 411.
(2) Allotments.--
(A) State criminal registry and repository
searches.--In each fiscal year, using amounts
appropriated pursuant to section 401(b) to carry out
this section with respect to the program providing
payments to States to assist with criminal registry or
repository searches, the Secretary shall allot to each
State participating in such program, through the agency
in each such State tasked with administering the State
criminal registry or repository described in section
411(a)(1)(B), an amount that bears the same
relationship to such funds as the number of searches of
such State criminal registry or repository conducted in
accordance with section 411(a)(1)(B) in the State bears
to the total number of such searches in all States
participating in the program.
(B) Child abuse and neglect checks.--In each fiscal
year, using amounts appropriated pursuant to section
401(b) to carry out this section with respect to the
program providing payments to States to assist with
child abuse and neglect registry and database searches,
the Secretary shall allot to each State participating
in such program, through the agency in each such State
tasked with administering the State child abuse and
neglect registries and databases described in section
411(a)(1)(D), an amount that bears the same
relationship to such funds as the number of searches of
such child abuse and neglect registries and databases
conducted in accordance with section 411(a)(1)(D) in
the State bears to the total number of such searches in
all States participating in the program.
(C) Transition rule.--In the first fiscal year in
which funds are made available under this title to
carry out this section, the Secretary shall make
allotments to each State participating in the programs
under this section in accordance with subparagraphs (A)
and (B), based on the Secretary's estimate of the
number of the searches described in each such
subparagraph, respectively, that each of the States are
expected to conduct in such fiscal year.
(3) State applications.--Each State agency described in
paragraph (1) desiring an allotment under subparagraph (A) or
(B) of paragraph (2) shall submit an application at such time,
in such manner, and containing such information as the
Secretary may require, which shall include an assurance that
the State agency will respond promptly to all requests from the
Director, within a reasonable time period determined by the
Director, to conduct a search required under section 411 in a
timely manner, and a description of how funds will be used to
meet such assurance.
SEC. 422. UNACCOMPANIED ALIEN CHILDREN IN SCHOOLS.
(a) Immediate Enrollment.--To be eligible for funding under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), a local educational agency shall--
(1) ensure that unaccompanied alien children in the area
served by the local educational agency are immediately enrolled
in school following placement with a sponsor, and any available
academic or other records are transferred to such school; and
(2) remove barriers to enrollment and full participation in
educational programs and services offered by the local
educational agency for unaccompanied alien children (including
barriers related to documentation, age, language, and lack of a
parent or guardian), which shall include reviewing and revising
policies that may have a negative effect on such children.
(b) Grants Authorized.--Using amounts appropriated pursuant to
section 403 to carry out this section, the Secretary of Education shall
award grants, on a competitive basis, to eligible local educational
agencies, or consortia of neighboring local educational agencies,
described in subsection (c) to enable the local educational agencies or
consortia to enhance opportunities for, and provide services to,
immigrant children and youth, including unaccompanied alien children,
in the area served by the local educational agencies or consortia.
(c) Eligible Local Educational Agencies.--
(1) In general.--A local educational agency, or a
consortium of neighboring local educational agencies, is
eligible for a grant under subsection (b) if, during the fiscal
year for which a grant is awarded under this section, there are
25 or more unaccompanied alien children enrolled in the public
schools served by the local educational agency or the
consortium, respectively.
(2) Determinations of number of unaccompanied alien
children.--The Secretary of Education shall determine the
number of unaccompanied alien children for purposes of
paragraph (1) based on the most accurate data available that is
provided to the Secretary of Education by the Director or the
Department of Homeland Security.
(d) Applications.--A local educational agency, or a consortia of
neighboring local educational agencies, desiring a grant under this
section shall submit an application to the Secretary of Education,
which shall include a description of how the grant will be used to
enhance opportunities for, and provide services to, immigrant children
and youth (including unaccompanied alien children) and their families,
provide trauma-informed services and supports (including mental health
care services for such children and youth), improve engagement with the
sponsors of such children or youth, and provide specialized
instructional support services (which may include hiring specialized
instructional support personnel with expertise in providing services to
such children and youth).
TITLE V--ENSURING ORDERLY AND HUMANE MANAGEMENT OF CHILDREN AND
FAMILIES SEEKING PROTECTION
Subtitle A--Providing a Fair and Efficient Legal Process for Children
and Vulnerable Families Seeking Asylum
SEC. 511. COURT APPEARANCE COMPLIANCE AND LEGAL ORIENTATION.
(a) Access to Legal Orientation Programs To Ensure Court Appearance
Compliance.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General, shall establish
procedures, consistent with the procedures established pursuant
to section 412, to ensure that legal orientation programs are
available for all aliens detained by the Department of Homeland
Security.
(2) Program elements.--Programs under paragraph (1) shall
inform aliens described in such paragraph regarding--
(A) the basic procedures of immigration hearings;
(B) their rights and obligations relating to such
hearings under Federal immigration laws to ensure
appearance at all immigration proceedings;
(C) their rights under Federal immigration laws,
including available legal protections and the procedure
for requesting such protection;
(D) the consequences of filing frivolous legal
claims and of failing to appear for proceedings; and
(E) any other subject that the Attorney General
considers appropriate, such as a contact list of
potential legal resources and providers.
(3) Eligibility.--An alien shall be given access to legal
orientation programs under this subsection regardless of the
alien's current immigration status, prior immigration history,
or potential for immigration relief.
(b) Pilot Project for Nondetained Aliens in Removal Proceedings.--
(1) In general.--The Attorney General shall develop and
administer a 2-year pilot program at not fewer than 2
immigration courts to provide nondetained aliens with pending
asylum claims access to legal information.
(2) Report.--At the conclusion of the pilot program under
this subsection, the Attorney General shall submit a report to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives that describes
the extent to which nondetained aliens are provided with access
to counsel.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice such sums as may be necessary to carry out this
section.
SEC. 512. FAIR DAY IN COURT FOR KIDS.
(a) Appointment of Counsel in Removal Proceedings; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``, at no expense to the
Government,''; and
(ii) by striking the comma at the end and
inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) the Attorney General may appoint or provide
counsel, at Government expense, to aliens in
immigration proceedings;
``(C) the alien, or the alien's counsel, not later
than 7 days after receiving a notice to appear under
section 239(a), shall receive a complete copy of the
alien's immigration file (commonly known as an `A-
file') in the possession of the Department of Homeland
Security (other than documents protected from
disclosure under section 552(b) of title 5, United
States Code);''; and
(D) in subparagraph (D), as redesignated, by
striking ``, and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide alien required documents.--A
removal proceeding may not proceed until the alien, or the
alien's counsel, if the alien is represented--
``(A) has received the documents required under
paragraph (4)(C); and
``(B) has been provided at least 10 days to review
and assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney General
To Appoint Counsel to Aliens in Immigration Proceedings.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) is amended to read as follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--Except as provided in subsections (b) and (c),
in any removal proceeding and in any appeal proceeding before the
Attorney General from any such removal proceeding, the subject of the
proceeding shall have the privilege of being represented by such
counsel as may be authorized to practice in such proceeding as he or
she may choose. This subsection shall not apply to screening
proceedings described in section 235(b)(1)(A).
``(b) Access to Counsel for Unaccompanied Alien Children.--
``(1) In general.--In any removal proceeding and in any
appeal proceeding before the Attorney General from any such
removal proceeding, an unaccompanied alien child (as defined in
section 462(g) of the Homeland Security Act on 2002 (6 U.S.C.
279(g))) shall be represented by Government-appointed counsel,
at Government expense.
``(2) Length of representation.--Once a child is designated
as an unaccompanied alien child under paragraph (1), the child
shall be represented by counsel at every stage of the
proceedings from the child's initial appearance through the
termination of immigration proceedings, and any ancillary
matters appropriate to such proceedings even if the child
attains 18 years of age or is reunified with a parent or legal
guardian while the proceedings are pending.
``(3) Notice.--Not later than 72 hours after an
unaccompanied alien child is taken into Federal custody, the
alien shall be notified that he or she will be provided with
legal counsel in accordance with this subsection.
``(4) Within detention facilities.--The Secretary of
Homeland Security shall ensure that unaccompanied alien
children have access to counsel inside all detention, holding,
and border facilities.
``(c) Pro Bono Representation.--
``(1) In general.--To the maximum extent practicable, the
Attorney General should make every effort to utilize the
services of competent counsel who agree to provide
representation to such children under subsection (b) without
charge.
``(2) Development of necessary infrastructures and
systems.--The Attorney General shall develop the necessary
mechanisms to identify counsel available to provide pro bono
legal assistance and representation to children under
subsection (b) and to recruit such counsel.
``(d) Contracts; Grants.--The Attorney General may enter into
contracts with, or award grants to, nonprofit agencies with relevant
expertise in the delivery of immigration-related legal services to
children to carry out the responsibilities under this section,
including providing legal orientation, screening cases for referral,
recruiting, training, and overseeing pro bono attorneys. Nonprofit
agencies may enter into subcontracts with, or award grants to, private
voluntary agencies with relevant expertise in the delivery of
immigration related legal services to children in order to carry out
this section.
``(e) Model Guidelines on Legal Representation of Children.--
``(1) Development of guidelines.--The Executive Office for
Immigration Review, in consultation with voluntary agencies and
national experts, shall develop model guidelines for the legal
representation of alien children in immigration proceedings,
which shall be based on the children's asylum guidelines, the
American Bar Association Model Rules of Professional Conduct,
and other relevant domestic or international sources.
``(2) Purpose of guidelines.--The guidelines developed
under paragraph (1) shall be designed to help protect each
child from any individual suspected of involvement in any
criminal, harmful, or exploitative activity associated with the
smuggling or trafficking of children, while ensuring the
fairness of the removal proceeding in which the child is
involved.
``(f) Duties of Counsel.--Counsel provided under this section
shall--
``(1) represent the unaccompanied alien child in all
proceedings and matters relating to the immigration status of
the child or other actions involving the Department of Homeland
Security;
``(2) appear in person for all individual merits hearings
before the Executive Office for Immigration Review and
interviews involving the Department of Homeland Security;
``(3) owe the same duties of undivided loyalty,
confidentiality, and competent representation to the child as
is due to an adult client; and
``(4) carry out other such duties as may be proscribed by
the Attorney General or the Executive Office for Immigration
Review.
``(g) Savings Provision.--Nothing in this section may be construed
to supersede--
``(1) any duties, responsibilities, disciplinary, or
ethical responsibilities an attorney may have to his or her
client under State law;
``(2) the admission requirements under State law; or
``(3) any other State law pertaining to the admission to
the practice of law in a particular jurisdiction.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292 of the Immigration and
Nationality Act, as added by paragraph (1), in accordance with
the requirements set forth in section 3006A of title 18, United
States Code.
SEC. 513. ACCESS TO COUNSEL AND LEGAL ORIENTATION AT DETENTION
FACILITIES.
The Secretary of Homeland Security shall provide access to counsel
for all aliens detained in a facility under the supervision of U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or the Department of Health and Human Services, or in any
private facility that contracts with the Federal Government to house,
detain, or hold aliens.
SEC. 514. REPORT ON ACCESS TO COUNSEL.
(a) Report.--Not later than December 31 of each year, the Secretary
of Homeland Security, in consultation with the Attorney General, shall
prepare and submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives regarding the extent to which aliens described in
section 292(b) of the Immigration and Nationality Act, as added by
section 512(b), have been provided access to counsel.
(b) Contents.--Each report submitted under paragraph (a) shall
include, for the immediately preceding 1-year period--
(1) the number and percentage of aliens described in
section 292(b) of the Immigration and Nationality Act, as added
by section 512(b), who were represented by counsel, including
information specifying--
(A) the stage of the legal process at which each
such alien was represented;
(B) whether the alien was in government custody;
and
(C) the nationality and ages of such aliens; and
(2) the number and percentage of aliens who received legal
orientation presentations, including the nationality and ages
of such aliens.
SEC. 515. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Executive Office of Immigration Review of the Department of Justice
such sums as may be necessary to carry out sections 512 through 514.
(b) Budgetary Effects.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-Act of 2010,
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
Subtitle B--Reducing Significant Delays in Immigration Court
SEC. 521. ELIMINATE IMMIGRATION COURT BACKLOGS.
(a) Annual Increases in Immigration Judges.--The Attorney General
shall increase the total number of immigration judges to adjudicate
pending cases and efficiently process future cases by at least 75
judges during each of the fiscal years 2019, 2020, 2021, and 2022.
(b) Qualification; Selection.--The Attorney General shall--
(1) ensure that all newly hired immigration judges and
Board of Immigration Appeals members are highly qualified and
trained to conduct fair, impartial adjudications in accordance
with applicable due process requirements; and
(2) in selecting immigration judges, may not give any
preference to candidates with prior government experience
compared to equivalent subject-matter expertise resulting from
nonprofit, private bar, or academic experience.
(c) Necessary Support Staff for Immigration Judges.--To address the
shortage of support staff for immigration judges, the Attorney General
shall ensure that each immigration judge has sufficient support staff,
adequate technological and security resources, and appropriate
courtroom facilities.
(d) Annual Increases in Board of Immigration Appeals Personnel.--
The Attorney General shall increase the number of Board of Immigration
Appeals staff attorneys (including necessary additional support staff)
to efficiently process cases by at least--
(1) 23 attorneys during fiscal year 2019;
(2) an additional 23 attorneys during fiscal year 2020; and
(3) an additional 23 attorneys during fiscal year 2021.
(e) GAO Report.--The Comptroller General of the United States
shall--
(1) conduct a study of the hurdles to efficient hiring of
immigration court judges within the Department of Justice; and
(2) propose solutions to Congress for improving the
efficiency of the hiring process.
SEC. 522. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND MEMBERS OF THE
BOARD OF IMMIGRATION APPEALS.
(a) In General.--To ensure efficient and fair proceedings, the
Director of the Executive Office for Immigration Review shall
facilitate robust training programs for immigration judges and members
of the Board of Immigration Appeals.
(b) Mandatory Training.--Training facilitated under subsection (a)
shall include--
(1) expanding the training program for new immigration
judges and Board members;
(2) continuing education regarding current developments in
immigration law through regularly available training resources
and an annual conference; and
(3) methods to ensure that immigration judges are trained
on properly crafting and dictating decisions and standards of
review, including improved on-bench reference materials and
decision templates.
SEC. 523. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.
The Director of the Executive Office for Immigration Review will
modernize its case management and related electronic systems, including
allowing for electronic filing, to improve efficiency in the processing
of immigration proceedings.
Subtitle C--Reducing the Likelihood of Repeated Migration to the United
States
SEC. 531. ESTABLISHING REINTEGRATION AND MONITORING SERVICES FOR
REPATRIATING CHILDREN.
(a) Consultation With UNHCR.--The Secretary of Homeland Security,
the Secretary of Health and Human Services, and the Secretary of State
shall consult with the United Nations High Commissioner for Refugees
(referred to in this section as the ``UNHCR''), Central American
governments, and nongovernmental organizations with expertise in child
welfare and unaccompanied migrant children to develop a child-centered
repatriation process for unaccompanied children being returned to their
country of origin that requires a determination of the best interest of
the child before the child is repatriated to his or her country of
origin.
(b) Collaboration With Regional Governments and Nongovernmental
Organizations.--The Secretary of State and the Administrator of the
United States Agency for International Development, in coordination
with the Secretary of Homeland Security, shall collaborate with
regional governments and international and domestic nongovernmental
organizations to reduce children's need to emigrate again by--
(1) establishing and expanding comprehensive long-term
reintegration services at the municipal level for repatriated
unaccompanied children once returned to their communities of
origin;
(2) establishing monitoring and verification services to
determine the well-being of repatriated children in order to
determine if United States protection and screening functioned
effectively in identifying persecuted and trafficked children;
(3) providing emergency referrals to the UNHCR for
registration and safe passage to an established emergency
transit center for refugees for any repatriated children who
are facing immediate risk of harm; and
(4) ensuring that international and domestic civil society
organizations with expertise in child welfare, unaccompanied
migrant children, and international protection needs have
access to government run reception centers for repatriated
children--
(A) to identify children with protection needs; and
(B) to offer child services following their return
to their communities.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6439-6450)
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