,,ii ,calendar ,no4 #ebh #aacth ,,congress #b;d ,session ,s4 #bggc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjad,mr4 ,cornyn 7for himself1 ,mr4 ,grassley1 and ,mr4 ,mc,connell7 introduced the following bill2 which was read the first time ,august #a1 #bjad,read the second time and placed on the calendar ,a ,,bill ,making supplemental appropriations for the fiscal year ending ,september #cj1 #bjad1 for border security1 law enforcement1 humanitarian assistance1 and for other purposes4 ,that the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjad1 and for other purposes1 namely3 ,a ,supplemental appropriations ,i ,departments of ,commerce1 ,justice1 ,science1 and related agencies ,department of ,justice ,general ,administration ,administrative review and appeals,for an additional amount for ,administrative ,review and ,appeals1 #fc1bjj1jjj1 to remain available until ,september #cj1 #bjae1 as follows3 7#a7 #ed1jjj1jjj for the ,executive ,office for ,immigration ,review to hire #ed ,immigration ,judge ,teams1 which shall be trained and assigned to adjudicate juvenile cases4 7#b7 #f1gjj1jjj for the ,executive ,office for ,immigration ,review for the purchase of video teleconferencing equipment1 digital audio recording devices1 and other technology that will enable expanded immigration courtroom capacity and capability4 7#c7 #b1ejj1jjj for the ,executive ,office for ,immigration ,review's ,legal ,orientation ,program1 of which not less than #a1jjj1jjj shall be for the ,legal ,orientation ,program for ,custodians3 ,provided1 ,that not later than #ae days after the date of enactment of this ,act1 the ,executive ,office for ,immigration ,review shall submit a reorganization plan to the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives that includes detailed plans for prioritizing the adjudication of non-detained1 unaccompanied alien children and specific plans to reassign ,immigration ,judge ,teams to expedite the adjudication of juveniles on the non-detained docket3 ,provided further1 ,that the submitted plan shall ensure that juveniles will appear before an immigration judge for an initial hearing not later than #aj days after the juvenile is apprehended4 ,legal ,activities salaries and expenses1 general legal activities ,for an additional amount for ,salaries and ,expenses1 ,general ,legal ,activities1 #a1ajj1jjj1 for necessary expenses to respond to the significant rise in unaccompanied children and adults with children at the southwest border and related activities1 to remain available until ,september #cj1 #bjad4 ,,ii ,department of ,homeland ,security ,u4 ,s4 ,customs and ,border ,protection ,salaries and expenses ,for an additional amount for ,salaries and ,expenses to cover necessary expenses to respond to the significant rise in unaccompanied alien children and adults with children at the ,southwest border and related activities1 including the acquisition1 construction1 improvement1 repair1 and management of facilities1 and for necessary expenses related to border security1 #ga1jjj1jjj1 to remain available until ,september #cj1 #bjae4 ,u4 ,s4 ,immigration and ,customs ,enforcement ,salaries and expenses ,for an additional amount for ,salaries and ,expenses to cover necessary expenses to respond to the significant rise in unaccompanied alien children and adults with children at the ,southwest border and related activities1 and for the necessary expenses for enforcement of immigration and customs law1 detention and removals of adults with children crossing the border unlawfully1 and investigations1 #cih1jjj1jjj1 to remain available until ,september #cj1 #bjae1 of which1 #ej1jjj1jjj shall be expended for #ej additional fugitive operations teams and not less than #ad1jjj1jjj shall be expended for vetted units operations in ,central ,america and human smuggling and trafficking investigations3 ,provided1 ,that the ,secretary of ,homeland ,security shall support no fewer than an additional #c1jjj family and #hjj other beds and substantially increase the availability and utilization of detention space for adults with children4 ,general provisions #bja4 7a7 ,for an additional amount for meeting the data collection and reporting requirements of this ,act 1 #e1jjj1jjj4 7b7 ,notwithstanding section #ejc of ,division ,f of the ,consolidated ,appropriations ,act1 #bjad 7,public ,law #aac-gf71 funds made available under subsection 7a7 for data collection and reporting requirements may be transferred by the ,secretary of ,homeland ,security between appropriations for the same purpose4 7c7 ,the ,secretary may not make a transfer described in subsection 7b7 until #ae days after notifying the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives of such transfer4 ,,iii ,departments of ,labor1 ,health and ,human ,services1 and ,education1 and related agencies ,department of ,health and ,human ,services ,administration for children and families ,refugee and entrant assistance 7including transfer of funds7,for an additional amount for ,refugee and ,entrant ,assistance1 #aej1jjj1jjj1 to be merged with and available for the same period and purposes as funds appropriated in ,public ,law #aac-gf for carrying out such sections #dad1 #eja1 #dfb1 and #bce3 ,provided1 ,that funds appropriated under this heading may also be used for other medical response expenses of the ,department of ,health and ,human ,services in assisting individuals identified under subsection 7b7 of such section #bce3 ,provided further1 ,that1 the ,secretary may1 in this fiscal year and hereafter1 accept and use money1 funds1 property1 and services of any kind made available by gift1 devise1 bequest1 grant1 or other donation for carrying out such sections3 ,provided further1 ,that funds appropriated under this heading for medical response expenses may be transferred to and merged with the ,public ,health and ,social ,services ,emergency ,fund3 ,provided further1 ,that transfer authority under this heading is subject to the regular notification procedures of the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives4 ,general provisions 7,rescission7 #cja4 ,of the funds made available for performance bonus payments under section #baje7;a77#c77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7a77#c77;,e771 #a1gjj1jjj1jjj is rescinded4 ,,iv general provisions--this title repatriation and reintegration #dja4 7a7 ,of the funds appropriated in titles ,,iii and ,,iv of division ,k of ,public ,law #aac-gf1 and in prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 for assistance for the countries in ,central ,america1 up to #dj1jjj1jjj shall be made available for such countries for repatriation and reintegration activities3 ,provided1 ,that funds made available pursuant to this section may be obligated notwithstanding subsections 7c7 and 7e7 of section #gjde of division ,k of ,public ,law #aac-gf4 7b7 ,prior to the initial obligation of funds made available pursuant to this section1 but not later than #ae days after the date of enactment of this ,act1 and every #ij days thereafter until ,september #cj1 #bjae1 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit to the appropriate congressional committees a report on the obligation of funds made available pursuant to this section by country and the steps taken by the government of each country to-- 7#a7 improve border security2 7#b7 enforce laws and policies to stem the flow of illegal entries into the ,united ,states2 7#c7 enact laws and implement new policies to stem the flow of illegal entries into the ,united ,states1 including increasing penalties for human smuggling2 7#d7 conduct public outreach campaigns to explain the dangers of the journey to the ,southwest ,border of the ,united ,states and to emphasize the lack of immigration benefits available2 and 7#e7 cooperate with ,united ,states ,federal agencies to facilitate and expedite the return1 repatriation1 and reintegration of illegal migrants arriving at the ,southwest ,border of the ,united ,states4 7c7 ,the ,secretary of ,state shall suspend assistance provided pursuant to this section to the government of a country if such government is not making significant progress on each item described in paragraphs 7#a7 through 7#e7 of subsection 7b73 ,provided1 ,that assistance may only be resumed if the ,secretary reports to the appropriate congressional committees that subsequent to the suspension of assistance such government is making significant progress on each of the items enumerated in such subsection4 7d7 ,funds made available pursuant to this section shall be subject to the regular notification procedures of the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of ,house of ,representatives and the ,senate4 ,v ,general provisions -- this act #eja4 ,not later than #cj days after the date of the enactment of this ,act1 the ,attorney ,general1 working in coordination with the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services1 shall institute a process for collecting1 exchanging1 and sharing specific data pertaining to individuals whose cases will be adjudicated by the ,executive ,office for ,immigration ,review that ensures that-- 7#a7 the ,department of ,justice is capable of electronically receiving information from the ,department of ,homeland ,security and the ,department of ,health and ,human ,services related to the apprehension1 processing1 detention1 placement1 and adjudication of such individuals1 including unaccompanied alien children2 7#b7 case files prepared by the ,department of ,homeland ,security after an individual has been issued a notice to appear are electronically integrated with information collected by the ,department of ,justice's ,executive ,office for ,immigration ,review during the adjudication process2 7#c7 cases are coded to reflect immigration status and appropriate categories at apprehension1 such as unaccompanied alien children and family units2 7#d7 information pertaining to cases and dockets are collected and maintained by the ,department of ,justice in an electronic1 searchable database that includes-- 7,a7 the status of the individual appearing before the court upon apprehension2 7,b7 the docket upon which the case is placed2 7,c7 the individual's presence for court proceedings2 7,d7 the final disposition of each case2 7,e7 the number of days each case remained on the docket before final disposition2 and 7,f7 any other information the ,attorney ,general determines to be necessary and appropriate2 and 7#e7 the final disposition of an adjudication or an order of removal is electronically submitted to-- 7,a7 the ,department of ,homeland ,security2 and 7,b7 the ,department of ,health and ,human ,services1 if appropriate4 #ejb4 ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 working in coordination with the ,attorney ,general and the ,secretary of ,health and ,human ,services1 shall institute a process for collecting1 exchanging1 and sharing specific data pertaining to individuals who are apprehended or encountered for immigration enforcement purposes by the ,department of ,homeland ,security that ensures that-- 7#a7 case files prepared by the ,department of ,homeland ,security after an individual has been issued a notice to appear are electronically transmitted to-- 7,a7 the ,department of ,justice's ,executive ,office for ,immigration ,review for integration with case files prepared during the adjudication process2 and 7,b7 to the ,department of ,health and ,human ,services1 as appropriate1 if the files relate to unaccompanied alien children2 7#b7 the ,department of ,homeland ,security is capable of electronically receiving information pertaining to the disposition of an adjudication1 including removal orders and the individual's failure to appear for proceedings1 from the ,department of ,justice's ,executive ,office for ,immigration ,review2 and 7#c7 information is collected and shared with the ,department of ,justice regarding the immigration status and appropriate categories of such individuals at the time of apprehension1 such as-- 7,a7 unaccompanied alien children or family units2 7,b7 the location of their apprehension2 7,c7 the number of days they remain in the custody of the ,department of ,homeland ,security2 7,d7 the reason for releasing the individual from custody2 7,e7 the geographic location of their residence1 if released from custody2 7,f7 any action taken by the ,department of ,homeland ,security after receiving information from the ,department of ,justice regarding an individual's failure to appear before the court2 7,g7 any action taken by the ,department of ,homeland ,security after receiving information from the ,department of ,justice regarding the disposition of an adjudication2 and 7,h7 any other information that the ,secretary of ,homeland ,security determines to be necessary and appropriate4 #ejc4 ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 working in coordination with the ,attorney ,general and the ,secretary of ,homeland ,security1 shall institute a process for collecting1 exchanging1 and sharing specific data pertaining to unaccompanied alien children that ensures that-- 7#a7 the ,department of ,health and ,human ,services is capable of electronically receiving information from the ,department of ,homeland ,security and the ,department of ,justice related to the apprehension1 processing1 placement1 and adjudication of unaccompanied alien children2 7#b7 the ,department of ,health and ,human ,services shares information with the ,department of ,homeland ,security regarding its capacity and capability to meet the #gb-;hour mandate required under section #bce7;b77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77#c772 and 7#c7 information is collected and shared with the ,department of ,justice and the ,department of ,homeland ,security regarding-- 7,a7 the number of days a child remained in the custody of the ,department of ,health and ,human ,services2 7,b7 whether the child was placed in a facility operated by the ,department of ,defense2 7,c7 for children placed with a sponsor-- 7i7 the number of children placed with the sponsor2 7ii7 the relationship of the sponsor taking custody of the child2 7iii7 the type of background check conducted on the potential sponsor2 and 7iv7 the geographic location of the sponsor2 and 7,d7 any other information the ,attorney ,general or the ,secretary of ,homeland ,security determines to be necessary and appropriate4 #ejd4 ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go-,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 #eje4 ,this ,act may be cited as the ,protecting ,children and ,america's ,homeland ,act of #bjad4 ,b ,unaccompanied alien children and border security ,x ,unaccompanied alien children ,a ,protection and due process for unaccompanied alien children #ajja4 ,repatriation of unaccompanied alien children ,section #bce7;a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by amending the paragraph heading to read as follows3 ,rules for unaccompanied alien children4--2 7,b7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 and 7,c7 in subparagraph 7,c7-- 7i7 by amending the subparagraph heading to read as follows3 ,agreements with foreign countries4--2 and 7ii7 in the matter preceding clause 7i71 by striking countries contiguous to the ,united ,states and inserting ,canada1 ,el ,salvador1 ,guatemala1 ,honduras1 ,mexico1 and any other foreign country that the ,secretary determines appropriate2 7#b7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#c7 inserting after paragraph 7#b7 the following3 7#c7 ,mandatory expedited removal of criminals and gang members ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall place an unaccompanied alien child in a proceeding in accordance with section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe;a7 if1 the ,secretary determines or has reason to believe the alien-- 7,a7 has been convicted of any offense carrying a maximum term of imprisonment of more than #ahj days2 7,b7 has been convicted of an offense which involved-- 7i7 domestic violence 7as defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a772 7ii7 child abuse and neglect 7as defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a772 7iii7 assault resulting in bodily injury 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7iv7 the violation of a protection order 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7v7 driving while intoxicated 7as defined in section #afd of title #bc1 ,united ,states ,code72 or 7vi7 any offense under foreign law1 except for a purely political offense1 which1 if the offense had been committed in the ,united ,states1 would render the alien inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a772 7,c7 has been convicted of more than #a criminal offense 7other than minor traffic offenses72 7,d7 has engaged in1 is engaged in1 or is likely to engage after entry in any terrorist activity 7as defined in section #bab7;a77#c77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iii771 or intends to participate or has participated in the activities of a foreign terrorist organization 7as designated under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi772 7,e7 is or was a member of a criminal gang 7as defined in paragraph 7#ec7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 7,f7 provided materially false1 fictitious1 or fraudulent information regarding age or identity to the ,united ,states ,government with the intent to wrongfully be classified as an unaccompanied alien child2 or 7,g7 has entered the ,united ,states more than #a time in violation of section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a771 knowing that the entry was unlawful4 2 and 7#d7 in subparagraph 7,d7 of paragraph 7#f71 as redesignated by paragraph 7#b7-- 7,a7 by amending the subparagraph heading to read as follows3 ,expedited due process and screening for unaccompanied alien children4--2 7,b7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection 7a77#b71 shall be-- and inserting who meets the criteria listed in paragraph 7#b77;,a7--2 7,c7 by striking clause 7i7 and inserting the following3 7i7 shall be placed in a proceeding in accordance with section #bce;,b of the ,immigration and ,nationality ,act1 which shall commence not later than #g days after the screening of an unaccompanied alien child described in paragraph 7#d72 2 7,d7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 7,e7 by inserting after clause 7i7 the following3 7ii7 may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the ,united ,states ,government until the child is repatriated unless the child-- 7,i7 is the subject of an order under section #bce;,b7e77#a7 of the ,immigration and ,nationality ,act2 and 7,,ii7 is placed or released in accordance with subsection 7c77#b77;,c7 of this section4 2 7,f7 in clause 7iii71 as redesignated1 by inserting is before eligible2 and 7,g7 in clause 7iv71 as redesignated1 by inserting shall be before provided4 #ajjb4 ,expedited due process and screening for unaccompanied alien children 7a7 ,humane and expedited inspection and screening for unaccompanied alien children 7#a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by inserting after section #bce;,a the following3 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children 7a7 ,asylum officer defined ,in this section1 the term asylum officer means an immigration officer who-- 7#a7 has had professional training in country conditions1 asylum law1 and interview techniques comparable to that provided to full-time adjudicators of applications under section #bjh2 and 7#b7 is supervised by an officer who-- 7,a7 meets the condition described in paragraph 7#a72 and 7,b7 has had substantial experience adjudicating asylum applications4 7b7 ,proceeding 7#a7 ,in general ,not later than #g days after the screening of an unaccompanied alien child under section #bce7;a77#e7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#e771 an immigration judge shall conduct and conclude a proceeding to inspect1 screen1 and determine the status of the unaccompanied alien child who is an applicant for admission to the ,united ,states4 7#b7 ,time limit ,not later than #gb hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section1 the immigration judge who conducted such proceeding shall issue an order pursuant to subsection 7e74 7c7 ,conduct of proceeding 7#a7 ,authority of immigration judge ,the immigration judge conducting a proceeding under this section-- 7,a7 shall administer oaths1 receive evidence1 and interrogate1 examine1 and cross-examine the unaccompanied alien child and any witnesses2 7,b7 may issue subpoenas for the attendance of witnesses and presentation of evidence2 7,c7 is authorized to sanction by civil money penalty any action 7or inaction7 in contempt of the judge's proper exercise of authority under this ,act2 and 7,d7 shall determine whether the unaccompanied alien child meets any of the criteria set out in subparagraphs 7,a7 through 7,g7 of paragraph 7#c7 of section #bce7;a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a771 and if so1 order the alien removed under subsection 7e77#b7 of this section4 7#b7 ,form of proceeding ,a proceeding under this section may take place-- 7,a7 in person2 7,b7 at a location agreed to by the parties1 in the absence of the unaccompanied alien child2 7,c7 through video conference2 or 7,d7 through telephone conference4 7#c7 ,presence of alien ,if it is impracticable by reason of the mental incompetency of the unaccompanied alien child for the alien to be present at the proceeding1 the ,attorney ,general shall prescribe safeguards to protect the rights and privileges of the alien4 7#d7 ,rights of the alien ,in a proceeding under this section-- 7,a7 the unaccompanied alien child shall be given the privilege of being represented1 at no expense to the ,government1 by counsel of the alien's choosing who is authorized to practice in the proceedings2 7,b7 the alien shall be given a reasonable opportunity-- 7i7 to examine the evidence against the alien2 7ii7 to present evidence on the alien's own behalf2 and 7iii7 to cross-examine witnesses presented by the ,government2 7,c7 the rights set forth in subparagraph 7,b7 shall not entitle the alien-- 7i7 to examine such national security information as the ,government may proffer in opposition to the alien's admission to the ,united ,states2 or 7ii7 to an application by the alien for discretionary relief under this ,act2 and 7,d7 a complete record shall be kept of all testimony and evidence produced at the proceeding4 7#e7 ,withdrawal of application for admission ,an unaccompanied alien child applying for admission to the ,united ,states may1 and at any time prior to the issuance of a final order of removal1 be permitted to withdraw the application and immediately be returned to the alien's country of nationality or country of last habitual residence4 7#f7 ,consequences of failure to appear ,an unaccompanied alien child who does not attend a proceeding under this section1 shall be ordered removed1 except under exceptional circumstances where the alien's absence is the fault of the ,government1 a medical emergency1 or an act of nature4 7d7 ,decision and burden of proof 7#a7 ,decision 7,a7 ,in general ,at the conclusion of a proceeding under this section1 the immigration judge shall determine whether an unaccompanied alien child is likely to be-- 7i7 admissible to the ,united ,states2 or 7ii7 eligible for any form of relief from removal under this ,act4 7,b7 ,evidence ,the determination of the immigration judge under subparagraph 7,a7 shall be based only on the evidence produced at the hearing4 7#b7 ,burden of proof 7,a7 ,in general ,in a proceeding under this section1 an unaccompanied alien child who is an applicant for admission has the burden of establishing1 by a preponderance of the evidence1 that the alien-- 7i7 is likely to be entitled to be lawfully admitted to the ,united ,states or eligible for any form of relief from removal under this ,act2 or 7ii7 is lawfully present in the ,united ,states pursuant to a prior admission4 7,b7 ,access to documents ,in meeting the burden of proof under subparagraph 7,a77ii71 the alien shall be given access to-- 7i7 the alien's visa or other entry document1 if any2 and 7ii7 any other records and documents1 not considered by the ,attorney ,general to be confidential1 pertaining to the alien's admission or presence in the ,united ,states4 7e7 ,orders 7#a7 ,placement in further proceedings ,if an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection 7d77#b71 the immigration judge shall-- 7,a7 order the alien to be placed in further proceedings in accordance with section #bdj2 and 7,b7 order the ,secretary of ,homeland ,security to place the alien on the ,u4,s4 ,immigration and ,customs ,enforcement detained docket for purposes of carrying out such proceedings4 7#b7 ,orders of removal ,if an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection 7d77#b71 the judge shall order the alien removed from the ,united ,states without further hearing or review unless the alien claims-- 7,a7 an intention to apply for asylum under section #bjh2 or 7,b7 a fear of persecution4 7#c7 ,claims for asylum ,if an unaccompanied alien child described in paragraph 7#b7 claims an intention to apply for asylum under section #bjh or a fear of persecution1 the immigration judge shall order the alien referred for an interview by an asylum officer under subsection 7f74 7f7 ,asylum interviews 7#a7 ,credible fear of persecution defined ,in this subsection1 the term credible fear of persecution means1 after taking into account the credibility of the statements made by an unaccompanied alien child in support of the alien's claim and such other facts as are known to the asylum officer1 there is a significant possibility that the alien could establish eligibility for asylum under section #bjh4 7#b7 ,conduct by asylum officer ,an asylum officer shall conduct the interviews of an unaccompanied alien child referred under subsection 7e77#c74 7#c7 ,referral of certain aliens ,if the asylum officer determines at the time of the interview that an unaccompanied alien child has a credible fear of persecution1 the alien shall be held in the custody of the ,secretary for ,health and ,human ,services pursuant to section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 during further consideration of the application for asylum4 7#d7 ,removal without further review if no credible fear of persecution 7,a7 ,in general ,subject to subparagraph 7,c71 if the asylum officer determines that an unaccompanied alien child does not have a credible fear of persecution1 the asylum officer shall order the alien removed from the ,united ,states without further hearing or review4 7,b7 ,record of determination ,the asylum officer shall prepare a written record of a determination under subparagraph 7,a71 which shall include-- 7i7 a summary of the material facts as stated by the alien2 7ii7 such additional facts 7if any7 relied upon by the asylum officer2 7iii7 the asylum officer's analysis of why1 in light of such facts1 the alien has not established a credible fear of persecution2 and 7iv7 a copy of the asylum officer's interview notes4 7,c7 ,review of determination 7i7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process by which an immigration judge will conduct a prompt review1 upon the alien's request1 of a determination under subparagraph 7,a7 that the alien does not have a credible fear of persecution4 7ii7 ,mandatory components ,the review described in clause 7i7-- 7,i7 shall include an opportunity for the alien to be heard and questioned by the immigration judge1 either in person or by telephonic or video connection2 and 7,,ii7 shall be concluded as expeditiously as possible1 to the maximum extent practicable within #bd hours1 but in no case later than #g days after the date of the determination under subparagraph 7,a74 7,d7 ,mandatory protective custody ,any alien subject to the procedures under this paragraph shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77-- 7i7 pending a final determination of an application for asylum under this subsection2 and 7ii7 after a determination under this subsection that the alien does not have a credible fear of persecution1 until the alien is removed4 7g7 ,limitation on administrative review 7#a7 ,in general ,except as provided in subsection 7f77#d77;,c7 and paragraph 7#b71 a removal order entered in accordance with subsection 7e77#b7 or 7f77#d77;,a7 is not subject to administrative appeal4 7#b7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process for the prompt review of an order under subsection 7e77#b7 against an alien who claims under oath1 or as permitted under penalty of perjury under section #agdf of title #bh1 ,united ,states ,code1 after having been warned of the penal ties for falsely making such claim under such conditions to have been-- 7,a7 lawfully admitted for permanent residence2 7,b7 admitted as a refugee under section #bjg2 or 7,c7 granted asylum under section #bjh4 7h7 ,last in1 first out ,in any proceedings1 determinations1 or removals under this section1 priority shall be accorded to the alien who has most recently arrived in the ,united ,states4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bce;,a the following3 ,sec4 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children4 4 7b7 ,judicial review of orders of removal ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking section #bce7;b77#a77 and inserting section #bce7;b77#a7 or an order of removal issued to an unaccompanied alien child after proceedings under section #bce;,b2 and 7,b7 in paragraph 7#b7-- 7i7 by inserting or section #bce;,b after section #bce7;b77#a7 each place it appears2 and 7ii7 in subparagraph 7,a7-- 7,i7 in the subparagraph heading1 by inserting or #bce;,b after section #bce7;b77#a72 and 7,,ii7 in clause 7iii71 by striking section #bce7;b77#a77;,b71 and inserting section #bce7;b77#a77;,b7 or #bce;,b7f722 and 7#b7 in subsection 7e7-- 7,a7 in the subsection heading1 by inserting or #bce;,b after section #bce7;b77#a72 7,b7 by inserting or section #bce;,b after section #bce7;b77#a7 each place it appears2 7,c7 in subparagraph 7#b77;,c71 by inserting or section #bce;,b7g7 after section #bce7;b77#a77;,c72 and 7,d7 in subparagraph 7#c77;,a71 by inserting or section #bce;,b after section #bce7;b74 #ajjc4 ,expedited due process for unaccompanied alien children present in the ,united ,states 7a7 ,special motions for unaccompanied alien children 7#a7 ,filing authorized ,during the #fj-;day period beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall1 notwithstanding any other provision of law1 permit an unaccompanied alien child who was issued a notice to appear under section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7 during the period beginning on ,january #a1 #bjac1 and ending on the date of the enactment of this ,act-- 7,a7 to appear1 in-person1 before an immigration judge who has been authorized by the ,attorney ,general to conduct proceedings under section #bce;,b of the ,immigration and ,nationality ,act1 as added by section #ajjb2 7,b7 to attest that the unaccompanied alien child desires to apply for admission to the ,united ,states2 and 7,c7 to file a motion-- 7i7 to replace any notice to appear issued between ,january #a1 #bjac1 and the date of the enactment of this ,act under such section #bci that has not resulted in a final order of removal2 and 7ii7 to apply for admission to the ,united ,states by being placed in proceedings under such section #bce;,b4 7#b7 ,adjudication of motion ,an immigration judge may1 at the sole and unreviewable discretion of the judge1 grant a motion filed under paragraph 7#a77;,c7 upon a finding that-- 7,a7 the petitioner was an unaccompanied alien child 7as defined in section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb77 on the date on which a notice to appear was issued to the alien under section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi72 7,b7 the notice to appear was issued during the period beginning on ,january #a1 #bjac1 and ending on the date of the enactment of this ,act2 7,c7 the unaccompanied alien child is applying for admission to the ,united ,states2 and 7,d7 the granting of such motion would not be manifestly unjust4 7#c7 ,effect of motion ,notwithstanding any other provision of law1 upon the granting of a motion to replace a notice to appear under paragraph 7#b71 the immigration judge who granted such motion shall-- 7,a7 while the petitioner remains in-person1 immediately inspect and screen the petitioner for admission to the ,united ,states by conducting a proceeding under section #bce;,b of the ,immigration and ,nationality ,act1 as added by section #ajjb2 7,b7 immediately notify the petitioner of the petitioner's ability1 under section #bce;,b7c77#e7 of the ,immigration and ,nationality ,act to withdraw the petitioner's application for admission to the ,united ,states and immediately be returned to the petitioner's country of nationality or country of last habitual residence2 and 7,c7 replace the petitioner's notice to appear with an order under section #bce;,b7e7 of the ,immigration and ,nationality ,act4 7#d7 ,protective custody ,an unaccompanied alien child who has been granted a motion under paragraph 7#b7 shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb74 #ajjd4 ,child welfare and law enforcement information sharing ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 is amended by adding at the end the following3 7#e7 ,information sharing 7,a7 ,immigration status ,if the ,secretary of ,health and ,human ,services considers placement of an unaccompanied alien child with a potential sponsor1 the ,secretary of ,homeland ,security shall provide to the ,secretary of ,health and ,human ,services the immigration status of such potential sponsor prior to the placement of the unaccompanied alien child4 7,b7 ,other information ,the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security and the ,attorney ,general any relevant information related to an unaccompanied alien child who is or has been in the custody of the ,secretary of ,health and ,human ,services1 including the location of the child and any person to whom custody of the child has been transferred1 for any legitimate law enforcement objective1 including enforcement of the immigration laws4 4 #ajje4 ,accountability for children and taxpayers ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b771 as amended by section #ajjd1 is further amended by inserting at the end the following3 7#f7 ,inspection of facilities ,the ,inspector ,general of the ,department of ,health and ,human ,services shall conduct regular inspections of facilities utilized by the ,secretary of ,health and ,human ,services to provide care and custody of an unaccompanied alien children who are in the immediate custody of the ,secretary to ensure that such facilities are operated in the most efficient manner practicable4 7#g7 ,facility operations costs ,the ,secretary of ,health and ,human ,services shall ensure that facilities utilized to provide care and custody of unaccompanied alien children are operated efficiently and at a rate of cost that is not greater than #ejj per day for each child housed or detained at such facility1 unless the ,secretary certifies that compliance with this requirement is temporarily impossible due to emergency circumstances4 4 #ajjf4 ,custody of unaccompanied alien children in formal removal proceeding ,section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77 is amended-- 7#a7 in paragraph 7#b7 by inserting at the end the following3 7,c7 ,children in formal removal proceedings 7i7 ,limitation on placement ,an unaccompanied alien child who has been placed in a proceeding under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the ,united ,states ,government unless-- 7,i7 the nongovernmental sponsor is a biological or adoptive parent of the unaccompanied alien child2 7,,ii7 the parent is legally present in the ,united ,states at the time of the placement2 7,,iii7 the parent has undergone a mandatory biometric criminal history check2 and 7,,iv7 the ,secretary of ,health and ,human ,services has determined that the unaccompanied alien child is not a danger to self1 danger to the community1 or risk of flight4 7ii7 ,exceptions ,if the ,secretary of ,health and ,human ,services determines that an unaccompanied alien child is a victim of severe forms of trafficking in persons 7as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb771 a special needs child with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb771 a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child's health or welfare has been significantly harmed or threatened1 or a child with mental health needs that require ongoing assistance from a social welfare agency1 the unaccompanied alien child may be placed with a grandparent or adult sibling if the grandparent or adult sibling meets the requirements set out in subclauses 7,,ii71 7,,iii71 and 7,,iv7 of clause 7i74 7iii7 ,monitoring 7,i7 ,in general ,an unaccompanied alien child who is #ae1 #af1 or #ag years of age placed with a nongovernmental sponsor or1 in the case of an unaccompanied alien child younger than #ae years of age placed with a nongovernmental sponsor1 such nongovernmental sponsor shall-- 7aa7 enroll in the alternative to detention program of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7bb7 continuously wear an electronic ankle monitor while the unaccompanied alien child is in removal proceedings4 7,,ii7 ,penalty for monitor tampering ,if an electronic ankle monitor required by subclause 7,i7 is tampered with1 the sponsor of the unaccompanied alien child shall be subject to a civil penalty of #aej for each day the monitor is not functioning due to the tampering1 up to a maximum of #c1jjj4 7iv7 ,effect of violation of conditions ,the ,secretary of ,health and ,human ,services shall remove an unaccompanied alien child from a sponsor if the sponsor violates the terms of the agreement specifying the conditions under which the alien was placed with the sponsor4 7v7 ,failure to appear 7,i7 ,civil penalty ,if an unaccompanied alien child is placed with a sponsor and fails to appear in a mandatory court appearance1 the sponsor shall be subject to a civil penalty of #bej for each day until the alien appears in court1 up to a maximum of #e1jjj4 7,,ii7 ,burden of proof ,the sponsor is not subject to the penalty imposed under subclause 7,i7 if the sponsor-- 7aa7 appears in person and proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the sponsor2 and 7bb7 supplies the immigration court with documentary evidence that supports the assertion described in item 7aa74 7vi7 ,prohibition on placement with sex offenders and human traffickers ,the ,secretary of ,health and ,human ,services may not place an unaccompanied alien child under this subparagraph in the custody of an individual who has been convicted of1 or the ,secretary has reason to believe was otherwise involved in the commission of-- 7,i7 a sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4 #afiaa772 or 7,,ii7 a crime involving severe forms of trafficking in persons 7as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb774 7vii7 ,requirements of criminal background check ,a biometric criminal history check required by clause 7i77,,iv7 shall be conducted using a set of fingerprints or other biometric identifier through-- 7,i7 the ,federal ,bureau of ,investigation2 7,,ii7 criminal history repositories of all ,states that the individual lists as current or former residences2 and 7,,iii7 any other ,state or ,federal database or repository that the ,secretary of ,health and ,human ,services determines is appropriate4 4 #ajjg4 ,fraud in connection with the transfer of custody of unaccompanied alien children 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,fraud in connection with the transfer of custody of unaccompanied alien children 7a7 ,in general ,it shall be unlawful for a person to obtain custody of an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77 by-- 7#a7 making any materially false1 fictitious1 or fraudulent statement or representation2 or 7#b7 making or using any false writing or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry4 7b7 ,penalties 7#a7 ,in general ,any person who violates1 or attempts or conspires to violate1 this section shall be fined under this title and imprisoned for not less than #a year4 7#b7 ,enhanced penalty for trafficking ,if the primary purpose of the violation1 attempted violation1 or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation1 the offender shall be fined under this title and imprisoned for not less than #ae years4 4 7b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdj the following3 #ajda4 ,fraud in connection with the transfer of custody of unaccompanied alien children4 4 #ajjh4 ,notification of ,states1 reporting1 and monitoring 7a7 ,notification ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended by adding at the end the following3 7j7 ,notification to ,states 7#a7 ,prior to placement ,the ,secretary of ,homeland ,security or the ,secretary of ,health and ,human ,services shall notify the ,governor of a ,state not later than #dh hours prior to the placement of an unaccompanied alien child from in custody of such ,secretary in the care of a facility or sponsor in such ,state4 7#b7 ,initial reports ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit a report to the ,governor of each ,state in which an unaccompanied alien child was discharged to a sponsor or placed in a facility while remaining in the legal custody of the ,secretary during the period beginning ,october #a1 #bjac and ending on the date of the enactment of the ,protecting ,children and ,america's ,homeland ,act of #bjad4 7#c7 ,monthly reports ,the ,secretary of ,health and ,human ,services shall submit a monthly report to the ,governor of each ,state in which1 during the reporting period1 unaccompanied alien children were discharged to a sponsor or placed in a facility while remaining in the legal custody of the ,secretary of ,health and ,human ,services4 7#d7 ,contents ,each report required to be submitted to the ,governor of a ,state by paragraph 7#b7 or 7#c7 shall identify the number of unaccompanied alien children placed in the ,state during the reporting period1 disaggregated by-- 7,a7 the locality in which the aliens were placed2 and 7,b7 the age of the aliens4 4 7b7 ,monitoring requirement ,the ,secretary of ,health and ,human ,services shall-- 7#a7 require all sponsors to agree-- 7,a7 to receive approval from the ,secretary of ,health and ,human ,services prior to changing the location in which the sponsor is housing an unaccompanied alien child placed in the sponsor's custody2 and 7,b7 to provide a current address for the child and the reason for the change of address2 7#b7 provide regular and frequent monitoring of the physical and emotional well-being of each unaccompanied alien child who has been discharged to a sponsor or remained in the legal custody of the ,secretary until the child's immigration case is resolved2 and 7#c7 not later than #fj days after the date of the enactment of this ,act1 provide to ,congress a plan for implementing the requirement of paragraph 7#b74 #ajji4 ,emergency immigration judge resources 7a7 ,designation ,not later than #ad days after the date of the enactment of this ,act1 the ,attorney ,general shall designate up to #ajj immigration judges1 including through the temporary or permanent hiring of retired immigration judges1 magistrate judges1 or administrative law judges1 or the reassignment of current immigration judges1 that are dedicated to-- 7#a7 conducting humane and expedited inspection and screening for unaccompanied alien children under section #bce;,b of the ,immigration and ,nationality ,act1 as added by section #ajjb2 or 7#b7 reducing existing backlogs in immigration court proceedings initiated under section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi74 7b7 ,requirement ,the ,attorney ,general shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection 7a77#a7 to comply with the requirement under section #bce;,b7b77#a7 of the ,immigration and ,nationality ,act1 as added by section #ajjb4 #ajaj4 ,reports to ,congress 7a7 ,reports on care of unaccompanied alien child ,not later than ,december #ca1 #bjad and ,september #cj1 #bjae1 the ,secretary of ,health and ,human ,services shall submit to ,congress and make publically available a report that includes-- 7#a7 a detailed summary of the contracts in effect to care for and house unaccompanied alien children1 including the names and locations of contractors and the facilities being used2 7#b7 the cost per day to care for and house an unaccompanied alien child1 including an explanation of such cost2 7#c7 the number of unaccompanied alien children who have been released to a sponsor1 if any2 7#d7 a list of the ,states to which unaccompanied alien children have been released from the custody of the ,secretary of ,health and ,human ,services to the care of a sponsor or placement in a facility2 7#e7 the number of unaccompanied alien children who have been released to a sponsor who is not lawfully present in the ,united ,states1 including the country of nationality or last habitual residence and age of such children2 7#f7 a determination of whether more than #a unaccompanied alien child has been released to the same sponsor1 including the number of children who were released to such sponsor2 7#g7 an assessment of the extent to which the ,secretary of ,health and ,human ,services is monitoring the release of unaccompanied alien children1 including home studies done and ankle bracelets or other devices used2 7#h7 an assessment of the extent to which the ,secretary of ,health and ,human ,services is making efforts-- 7,a7 to educate unaccompanied alien children about their legal rights2 and 7,b7 to provide unaccompanied alien children with access to pro bono counsel2 and 7#i7 the extent of the public health issues of unaccompanied alien children1 including contagious diseases1 the benefits or medical services provided1 and the outreach to ,states and localities about public health issues1 that could affect the public4 7b7 ,reports on repatriation agreements ,not later than ,february #ca1 #bjae and ,august #ca1 #bjae1 the ,secretary of ,state shall submit to ,congress and make publically available a report that-- 7#a7 describes-- 7,a7 any repatriation agreement for unaccompanied alien children in effect and a copy of such agreement2 and 7,b7 any such repatriation agreement that is being considered or negotiated2 and 7#b7 describes the funding provided to the #bj countries that have the highest number of nationals entering the ,united ,states as unaccompanied alien children1 including amounts provided-- 7,a7 to deter the nationals of each country from illegally entering the ,united ,states2 and 7,b7 to care for or reintegrate repatriated unaccompanied alien children in the country of nationality or last habitual residence4 7c7 ,reports on returns to country of nationality ,not later than ,december #ca1 #bjad and ,september #cj1 #bjae1 the ,secretary of ,homeland ,security shall submit to ,congress and make publically available a report that describes-- 7#a7 the number of unaccompanied alien children who have voluntarily returned to their country of nationality or habitual residence1 disaggregated by-- 7,a7 country of nationality or habitual residence2 and 7,b7 age of the unaccompanied alien children2 7#b7 the number of unaccompanied alien children who have been returned to their country of nationality or habitual residence1 including assessment of the length of time such children were present in the ,united ,states2 7#c7 the number of unaccompanied alien children who have not been returned to their country of nationality or habitual residence pending travel documents or other requirements from such country1 including how long they have been waiting to return2 and 7#d7 the number of unaccompanied alien children who were granted relief in the ,united ,states1 whether through asylum or any other immigration benefit4 7d7 ,reports on immigration proceedings ,not later than ,september #cj1 #bjae1 and once every #c months thereafter1 the ,director of the ,executive ,office for ,immigration ,review shall submit to ,congress and make publically available a report that describes-- 7#a7 the number of unaccompanied alien children who1 after proceedings under section #bce;,b of the ,immigration and ,nationality ,act1 as added by section #ajjb1 were returned to their country of nationality or habitual residence1 disaggregated by-- 7,a7 country of nationality or residence2 and 7,b7 age and gender of such aliens2 7#b7 the number of unaccompanied alien children who1 after proceedings under such section #bce;,b1 prove a claim of admissibility and are place in proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a72 7#c7 the number of unaccompanied alien children who fail to appear at a removal hearing that such alien was required to attend2 7#d7 the number of sponsors who were levied a penalty1 including the amount and whether the penalty was collected1 for the failure of an unaccompanied alien child to appear at a removal hearing2 and 7#e7 the number of aliens that are classified as unaccompanied alien children1 the ages and countries of nationality of such children1 and the orders issued by the immigration judge at the conclusion of proceedings under such section #bce;,b for such children4 ,b ,cooperation with countries of nationality of unaccompanied alien children #ajba4 ,in-country refugee processing 7a7 ,findings ,congress makes the following findings3 7#a7 ,consistent with section #aja7;a77#db77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db77;,b77 and section #bjg7;e7 of such ,act 7#h ,u4,s4,c4 #aaeg7;e771 special circumstances currently exist due to grave humanitarian concerns throughout the travel1 and attempts to travel1 to the ,united ,states by unaccompanied children sufficient to justify and require1 for fiscal years #bjad and #bjae1 the allowance of processing of in-country refugee applications in ,el ,salvador1 ,guatemala1 and ,honduras in order to prevent such children from undertaking the long and dangerous journey across ,central ,america and ,mexico4 7#b7 ,grave humanitarian concerns exist due to-- 7,a7 at least #fj1jjj unaccompanied children having undertaken the long and dangerous journey to the ,united ,states from ,central ,america in fiscal year #bjad alone2 7,b7 substantial reports of unaccompanied children becoming1 during the course of their journey intended for the ,united ,states1 victims of-- 7i7 significant injury1 including loss of limbs2 7ii7 severe forms of violence2 7iii7 death due to accident and intentional killing2 7iv7 severe forms of human trafficking2 7v7 kidnap for ransom2 and 7vi7 sexual assault and rape2 and 7,c7 the likelihood that the vast majority of the unaccompanied children seeking admission or immigration relief1 including through application as a refugee or claims of asylum1 do not qualify for such admission or relief1 and therefore will be repatriated4 7#c7 ,while special circumstances currently exist to justify in-country refugee application processing for ,el ,salvador1 ,guatemala1 and ,honduras1 it is appropriate to determine the admissibility of individuals applying for refugee status from those countries according to current law and granting administrative relief in instances in which refugee or asylum applications are denied1 or are expected to be denied1 would exacerbate the grave humanitarian concerns described in paragraph 7#b7 by further encouraging attempts at migration4 7b7 ,authority for in-country refugee processing ,notwithstanding section #aja7;a77#db77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db77;,b771 for fiscal years #bjad and #bjae1 the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security and the ,director of the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services1 shall process an application for refugee status-- 7#a7 for an alien who is a national of ,el ,salvador1 ,guatemala1 or ,honduras and is located in such country2 or 7#b7 in the case of an alien having no nationality1 for an alien who is habitually residing in such country and is located in such country4 7c7 ,rule of construction ,nothing in this section may be construed as a grant of immigration benefit or relief1 nor as a change to existing law regarding the eligibility for any individual for such benefit or relief1 other than to the extent refugee applications shall be permitted in-country in accordance with this section4 #ajbb4 ,refugee admissions from certain countries ,notwithstanding any other provision of law1 the ,president1 in determining the number of refugees who may be admitted under section #bjg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;a77-- 7#a7 for fiscal year #bjad1 may -- 7,a7 allocate the unallocated reserve refugee number set out in the ,presidential ,memorandum on ,refugee ,admissions for ,fiscal ,year #bjad issued on ,october #b1 #bjac to admit refugees from ,central ,america2 and 7,b7 allocate any unused admissions allocated to a particular region for ,central ,american refugee admissions2 and 7#b7 for fiscal year #bjae1 shall include ,central ,america among the regional allocations included in the ,presidential determination for refugee admissions that fiscal year4 #ajbc4 ,foreign government cooperation in repatriation of unaccompanied alien children 7a7 ,certification 7#a7 ,in general ,subject to paragraph 7#b71 on the date that is #fj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall make a certification of whether the ,government of ,el ,salvador1 ,guatemala1 or ,honduras-- 7,a7 is actively working to reduce the number of unaccompanied alien children from that country who are attempting to migrate northward in order to illegally enter the ,united ,states2 7,b7 is cooperating with the ,government of the ,united ,states to facilitate the repatriation of unaccompanied alien children who are removed from the ,united ,states and returned to their country of nationality or habitual residence2 and 7,c7 has negotiated or is actively negotiating an agreement under section #bce7;a77#b77;,c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#b77;,c771 as amended by section #ajja4 7#b7 ,interim certification ,if prior to the date an annual certification is required by paragraph 7#a7 the ,president determines the most recent such certification for the ,government of ,el ,salvador1 ,guatemala1 or ,honduras is no longer accurate1 the ,president may make an accurate certification for that country prior to such date4 7b7 ,limitation on assistance ,the ,federal ,government may not provide any assistance 7other than security assistance7 to ,el ,salvador1 ,guatemala1 or ,honduras unless in the most recent certification for that country under subsection 7a7 is that the ,government of ,el ,salvador1 ,guatemala1 or ,honduras1 respectively1 meets the requirements of subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7a77#a74 ,,xi ,criminal aliens #aaja4 ,alien gang members 7a7 ,definition ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 7,a7 ,the term criminal gang means an ongoing group1 club1 organization1 or association of #e or more persons-- 7i7 7,i7 that has as #a of its primary purposes the commission of #a or more of the criminal offenses described in subparagraph 7,b72 and 7,,ii7 the members of which engage1 or have engaged within the past #e years1 in a continuing series of offenses described in subparagraph 7,b72 or 7ii7 that has been designated as a criminal gang under section #bbj by the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 or the ,secretary of ,state4 7,b7 ,the offenses described in this subparagraph1 whether in violation of ,federal or ,state law or foreign law and regardless of whether the offenses occurred before1 on1 or after the date of the enactment of the ,protecting ,children and ,america's ,homeland ,act of #bjad1 are the following3 7i7 ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7ii7 ,an offense under section #bgd 7relating to bringing in and harboring certain aliens71 section #bgg 7relating to aiding or assisting certain aliens to enter the ,united ,states71 or section #bgh 7relating to importation of alien for immoral purpose74 7iii7 ,a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code74 7iv7 ,a crime involving obstruction of justice1 tampering with or retaliating against a witness1 victim1 or informant1 or burglary4 7v7 ,any conduct punishable under sections #ajbh and #ajbi of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification documents or access devices71 sections #aeha through #aeid of such title 7relating to peonage1 slavery and trafficking in persons71 section #aieb of such title 7relating to interstate and foreign travel or transportation in aid of racketeering enterprises71 section #aief of such title 7relating to the laundering of monetary instruments71 section #aieg of such title 7relating to engaging in monetary transactions in property derived from specified unlawful activity71 or sections #bcab through #bcae of such title 7relating to interstate transportation of stolen motor vehicles or stolen property74 7vi7 ,a conspiracy to commit an offense described in clauses 7i7 through 7v74 7,c7 ,notwithstanding any other provision of law 7including any effective date71 the term criminal gang applies regardless of whether the conduct occurred before1 on1 or after the date of the enactment of this paragraph4 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended by adding at the end the following3 7,j7 ,aliens associated with criminal gangs ,any alien is inadmissible who a consular officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general knows or has reason to believe-- 7i7 is or has been a member of a criminal gang2 or 7ii7 has participated in the activities of a criminal gang knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 4 7c7 ,deportability ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended by adding at the end the following3 7,g7 ,aliens associated with criminal gangs ,any alien is deportable who the ,secretary of ,homeland ,security or the ,attorney ,general knows or has reason to believe-- 7i7 is or has been a member of a criminal gang2 or 7ii7 has participated in the activities of a criminal gang knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 4 7d7 ,designation 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #bai the following3 #bbj4 ,designation of criminal gangs 7a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 or the ,secretary of ,state may designate a group or association as a criminal gang if their conduct is described in section #aja7;a77#ec7 or if the group or association conduct poses a significant risk that threatens the security and the public safety of nationals of the ,united ,states or the national security1 homeland security1 foreign policy1 or economy of the ,united ,states4 7b7 ,effective date ,a designation made under subsection 7a7 shall remain in effect until the designation is revoked after consultation between the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state or is terminated in accordance with ,federal law4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bai the following3 #bbj4 ,designation of criminal gangs4 4 7e7 ,mandatory detention of criminal gang members 7#a7 ,in general ,section #bcf7;c77#a77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77;,d77 is amended-- 7,a7 by striking section #bab7;a77#c77;,b7 and inserting paragraph 7#b77;,j7 or 7#c77;,b7 of section #bab7;a72 and 7,b7 by striking #bcg7;a77#d77;,b71 and inserting paragraph 7#b77;,g7 or 7#d77;,b7 of section #bcg7;a714 7#b7 ,annual report ,not later than ,march #a of each year 7beginning #a year after the date of the enactment of this ,act71 the ,secretary of ,homeland ,security1 after consultation with the appropriate ,federal agencies1 shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on the number of aliens detained under the amendments made by paragraph 7#a74 7f7 ,asylum claims based on gang affiliation 7#a7 ,inapplicability of restriction on removal to certain countries ,section #bda7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77#c77;,b77 is amended1 in the matter preceding clause 7i71 by inserting who is described in section #bab7;a77#b77;,j77i7 or section #bcg7;a77#b77;,g77i7 or who is after to an alien4 7#b7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7,a7 in clause 7v71 by striking or at the end2 7,b7 by redesignating clause 7vi7 as clause 7vii72 and 7,c7 by inserting after clause 7v7 the following3 7vi7 the alien is described in section #bab7;a77#b77;,j77i7 or section #bcg7;a77#b77;,g77i7 7relating to participation in criminal gangs72 or 4 7g7 ,temporary protected status ,section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7 is amended-- 7#a7 by striking ,attorney ,general each place that term appears and inserting ,secretary of ,homeland ,security2 7#b7 in subparagraph 7c77#b77;,b7-- 7,a7 in clause 7i71 by striking ,states1 or and inserting ,states22 7,b7 in clause 7ii71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 the alien is1 or at any time after admission has been1 a member of a criminal gang4 2 and 7#c7 in subsection 7d7-- 7,a7 by striking paragraph 7#c72 and 7,b7 in paragraph 7#d71 by adding at the end the following3 ,the ,secretary of ,homeland ,security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law44 7h7 ,special immigrant juvenile visas ,section #aja7;a77#bg77;,j77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77iii77 is amended-- 7#a7 in subclause 7,i71 by striking and2 7#b7 in subclause 7,,ii71 by inserting and at the end2 and 7#c7 by adding at the end the following3 7,,iii7 no alien who is1 or was at any time after admission has been1 a member of a criminal gang shall be eligible for any immigration benefit under this subparagraph2 4 7i7 ,effective ,date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to acts that occur before1 on1 or after the date of the enactment of this ,act4 #aajb4 ,mandatory expedited removal of dangerous criminals1 terrorists1 and gang members 7a7 ,in general ,notwithstanding any other provision of law1 an immigration officer who finds an alien described in subsection 7b7 at a land border or port of entry of the ,united ,states and determines that such alien is inadmissible under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 shall treat such alien in accordance with section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe74 7b7 ,threats to public safety ,an alien described in this subsection is an alien who the ,secretary of ,homeland ,security determines1 or has reason to believe-- 7#a7 has been convicted of any offense carrying a maximum term of imprisonment of more than #ahj days2 7#b7 has been convicted of an offense which involved-- 7,a7 domestic violence 7as defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a772 7,b7 child abuse and neglect 7as defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a772 7,c7 assault resulting in bodily injury 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7,d7 the violation of a protection order 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7,e7 driving while intoxicated 7as defined in section #afd of title #bc1 ,united ,states ,code72 or 7,f7 any offense under foreign law1 except for a purely political offense1 which1 if the offense had been committed in the ,united ,states1 would render the alien inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a772 7#c7 has been convicted of more than #a criminal offense 7other than minor traffic offenses72 7#d7 has engaged in1 is engaged in1 or is likely to engage after entry in any terrorist activity 7as defined in section #bab7;a77#c77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iii771 or intends to participate or has participated in the activities of a foreign terrorist organization 7as designated under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi772 7#e7 is or was a member of a criminal street gang 7as defined in paragraph 7#ec7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as added by section #aaja7;a772 or 7#f7 has entered the ,united ,states more than #a time in violation of section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a771 knowing that the entry was unlawful4 #aajc4 ,fugitive operations ,the ,secretary of ,homeland ,security is authorized to hire #cej ,u4,s4 ,immigration and ,customs ,enforcement detention officers that comprise #ej ,fugitive ,operations ,teams responsible for identifying1 locating1 and arresting fugitive aliens4 #aajd4 ,additional detention capacity for family units ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall increase the number of detention beds available for aliens placed in removal proceedings under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 by not less than #e1jjj1 including such detention beds available for family units4 ,,xii ,border security #abja4 ,reducing incentives for illegal immigration ,no ,federal funds or resources may be used to issue a new directive1 memorandum1 or ,executive ,order that provides for relief from removal or work authorization to a class of individuals who are not otherwise eligible for such relief under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 or such work authorization1 including expanding deferred action for childhood arrivals4 #abjb4 ,border security on certain ,federal lands 7a7 ,definitions ,in this section3 7#a7 ,federal lands ,the term ,federal lands includes all land under the control of the ,secretary concerned that is located within the ,southwest border region in the ,state of ,arizona along the international border between the ,united ,states and ,mexico4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 with respect to land under the jurisdiction of the ,secretary of ,agriculture1 the ,secretary of ,agriculture2 and 7,b7 with respect to land under the jurisdiction of the ,secretary of the ,interior1 the ,secretary of the ,interior4 7b7 ,support for border security needs ,to achieve effective control of ,federal lands-- 7#a7 the ,secretary concerned1 notwithstanding any other provision of law1 shall authorize and provide ,u4,s4 ,customs and ,border ,protection personnel with immediate access to ,federal lands for security activities1 including-- 7,a7 routine motorized patrols2 and 7,b7 the deployment of communications1 surveillance1 and detection equipment2 7#b7 the security activities described in paragraph 7#a7 shall be conducted1 to the maximum extent practicable1 in a manner that the ,secretary determines will best protect the natural and cultural resources on ,federal lands2 and 7#c7 the ,secretary concerned may provide education and training to ,u4,s4 ,customs and ,border ,protection personnel on the natural and cultural resources present on individual ,federal land units4 7c7 ,programmatic environmental impact statement 7#a7 ,in general ,after implementing subsection 7b71 the ,secretary1 in consultation with the ,secretaries concerned1 shall prepare and publish in the ,federal ,register a notice of intent to prepare a programmatic environmental impact statement in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to analyze the impacts of the activities described in subsection 7b74 7#b7 ,effect on processing application and special use permits ,the pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the ,secretaries concerned for the activities described in subsection 7b74 7#c7 ,amendment of land use plans ,the ,secretaries concerned shall amend any land use plans1 as appropriate1 upon completion of the programmatic environmental impact statement described in paragraph 7#a74 7#d7 ,scope of programmatic environmental impact statement ,the programmatic environmental impact statement described in paragraph 7#a7-- 7,a7 may be used to advise the ,secretary of ,homeland ,security on the impact on natural and cultural resources on ,federal lands2 and 7,b7 shall not control1 delay1 or restrict actions by the ,secretary of ,homeland ,security to achieve effective control on ,federal lands4 7d7 ,intermingled ,state and private land ,this section shall not apply to any private or ,state-owned land within the boundaries of ,federal lands4 #abjc4 ,state and local assistance to alleviate humanitarian crisis 7a7 ,state and local assistance ,the ,administrator of the ,federal ,emergency ,management ,agency shall enhance law enforcement preparedness1 humanitarian responses1 and operational readiness along the international border between the ,united ,states and ,mexico through ,operation ,stonegarden4 7b7 ,grants and reimbursements 7#a7 ,in general ,amounts made available to carry out this section shall be allocated for grants and reimbursements to ,state and local governments in ,border ,patrol ,sectors on the along the international border between the ,united ,states and ,mexico for-- 7,a7 costs personnel1 overtime1 and travel2 7,b7 costs related to combating illegal immigration and drug smuggling2 and 7,c7 costs related to providing humanitarian relief to unaccompanied alien children and family units who have entered the ,united ,states4 7#b7 ,funding for ,state and local governments ,allocations for grants and reimbursements to ,state and local governments under this paragraph shall be made by the ,administrator of the ,federal ,emergency ,management ,agency through a competitive process4 7c7 ,authorization of appropriations ,there are authorized to be appropriated for fiscal years #bjad and #bjae such sums as may be necessary to carry out this section4 #abjd4 ,preventing organized smuggling 7a7 ,unlawfully hindering immigration1 border1 or customs controls 7#a7 ,amendment to title #ah1 ,united ,states ,code 7,a7 ,in general ,chapter #bg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #eef4 ,unlawfully hindering immigration1 border1 or customs controls 7a7 ,illicit spotting ,any person who knowingly transmits to another person the location1 movement1 or activities of any ,federal1 ,state1 or tribal law enforcement agency with the intent to further a ,federal crime relating to ,united ,states immigration1 customs1 importation of controlled substances1 agriculture products1 or monetary instruments1 or other border controls shall be fined under this title1 imprisoned not more than #aj years1 or both4 7b7 ,destruction of ,united ,states border controls ,any person who knowingly and without lawful authorization destroys1 alters1 or damages any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control the international border of the ,united ,states or a port of entry1 or otherwise seeks to construct1 excavate1 or make any structure intended to defeat1 circumvent or evade any such fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control the international border of the ,united ,states or a port of entry-- 7#a7 shall be fined under this title1 imprisoned not more than #aj years1 or both2 and 7#b7 if1 at the time of the offense1 the person uses or carries a firearm or1 in furtherance of any such crime1 possesses a firearm1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 7c7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 or 7b7 shall be punished in the same manner as a person who completes a violation of such subsection4 4 7,b7 ,clerical amendment ,the table of sections for chapter #bg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #eee the following3 #eef4 ,unlawfully hindering immigration1 border1 or customs controls4 4 7#b7 ,prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting 1 alien smuggling crime1 after crime of violence each place such term appears2 and 7ii7 in subparagraph 7,d77ii71 by inserting 1 alien smuggling crime1 after crime of violence2 and 7,b7 by adding at the end the following3 7#f7 ,for purposes of this subsection1 the term alien smuggling crime means any felony punishable under section #bgd7;a71 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a71 #acbg1 and #acbh74 4 7#c7 ,statute of limitations ,section #cbih of title #ah1 ,united ,states ,code1 is amended by inserting #eef 7hindering immigration1 border1 or customs controls71 #aeih 7organized human smuggling71 before #aeha4 7b7 ,organized human smuggling 7#a7 ,amendment to title #ah1 ,united ,states ,code ,chapter #gg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aeih4 ,organized human smuggling 7a7 ,prohibited activities ,it shall be unlawful for any person1 while acting for profit or other financial gain1 to knowingly direct or participate in an effort or scheme to assist or cause #c or more persons-- 7#a7 to enter1 attempt to enter1 or prepare to enter the ,united ,states-- 7,a7 by fraud1 falsehood1 or other corrupt means2 7,b7 at any place other than a port or place of entry designated by the ,secretary of ,homeland ,security2 or 7,c7 in a manner not prescribed by the immigration laws and regulations of the ,united ,states2 7#b7 to travel by air1 land1 or sea toward the ,united ,states 7whether directly or indirectly7-- 7,a7 knowing that the persons seek to enter or attempt to enter the ,united ,states without lawful authority2 and 7,b7 with the intent to aid or further such entry or attempted entry2 or 7#c7 to be transported or moved outside of the ,united ,states-- 7,a7 knowing that such persons are aliens in unlawful transit from #a country to another or on the high seas2 and 7,b7 under circumstances in which the persons are seeking to enter the ,united ,states without official permission or legal authority4 7b7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 shall be punished in the same manner as a person who completes a violation of such subsection4 7c7 ,base penalty ,except as provided in subsection 7d71 any person who violates subsection 7a7 or 7b7 shall be fined under this title1 imprisoned for not more than #bj years1 or both4 7d7 ,enhanced penalties ,any person who violates subsection 7a7 or 7b7-- 7#a7 in the case of a violation causing a serious bodily injury 7as defined in section #acfe7 to any person1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#b7 in the case of a violation causing the life of any person to be placed in jeopardy1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#c7 in the case of a violation involving #aj or more persons1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#d7 in the case of a violation involving the bribery or corruption of a ,united ,states or foreign government official1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#e7 in the case of a violation involving robbery or extortion 7as such terms are defined in paragraph 7#a7 or 7#b71 respectively1 of section #aiea7;b771 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#f7 in the case of a violation causing any person to be subjected to an involuntary sexual act 7as defined in section #bbdf7b771 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#g7 in the case of a violation resulting in the death of any person1 shall be fined under this title1 imprisoned for any term of years or for life1 or both2 7#h7 in the case of a violation in which any alien is confined or restrained1 including by the taking of clothing1 goods1 or personal identification documents1 shall be fined under this title1 imprisoned for not more than #aj years1 or both2 or 7#i7 in the case of smuggling an unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b771 shall be fined under this title or imprisoned not more than #bj years4 7e7 ,definitions ,in this section3 7#a7 ,effort or scheme to assist or cause #c or more persons ,the term effort or scheme to assist or cause #c or more persons does not require that the #c or more persons enter1 attempt to enter1 prepare to enter1 or travel at the same time if such acts are completed during a #a-year period4 7#b7 ,lawful authority ,the term lawful authority-- 7,a7 means permission1 authorization1 or license that is expressly provided for under the immigration laws of the ,united ,states2 and 7,b7 does not include-- 7i7 any authority described in subparagraph 7,a7 that was secured by fraud or otherwise unlawfully obtained2 or 7ii7 any authority that was sought1 but not approved4 4 7#b7 ,clerical amendment ,the table of sections for chapter #gg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #aeig the following3 #aeih4 ,organized human smuggling4 4 7c7 ,strategy to combat human smuggling 7#a7 ,high traffic areas of human smuggling defined ,in this subsection1 the term high traffic areas of human smuggling means the ,united ,states ports of entry and areas between such ports that have relatively high levels of human smuggling activity1 as measured by ,u4,s4 ,customs and ,border ,protection4 7#b7 ,implementation ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall implement a strategy to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states4 7#c7 ,components ,the strategy referred to in paragraph 7#b7 shall include-- 7,a7 efforts to increase coordination between the border and maritime security components of the ,department of ,homeland ,security2 7,b7 an identification of intelligence gaps impeding the ability to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states2 7,c7 efforts to increase information sharing with ,state and local governments and other ,federal agencies2 7,d7 efforts to provide1 in coordination with the ,federal ,law ,enforcement ,training ,center1 training for the border and maritime security components of the ,department of ,homeland ,security to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states2 and 7,e7 the identification of the high traffic areas of human smuggling4 7#d7 ,report 7,a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit a report that describes the strategy to be implemented under paragraph 7#b71 including the components listed in paragraph 7#c71 to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7,b7 ,form ,the ,secretary may submit the report required under subparagraph 7,a7 in classified form if the ,secretary determines that such form is appropriate4 7#e7 ,annual list of high traffic areas ,not later than ,february #ast of the first year beginning after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit a list of the high traffic areas of human smuggling referred to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 ,august #a1 #bjad,read the second time and placed on the calendar