,,ii #aadth ,,congress #b;d ,session ,s4 #cajf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bh1 #bjaf ,mr4 ,reid 7for himself1 ,mr4 ,durbin1 ,mr4 ,schumer1 ,mrs4 ,murray1 ,mr4 ,leahy1 ,mr4 ,carper1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide a coordinated regional response to effectively manage the endemic violence and humanitarian crisis in ,el ,salvador1 ,guatemala1 and ,honduras4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,secure the ,northern ,triangle ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,sense of ,congress4 ,sec4 #d4 ,definitions4 ,,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 ,sec4 #aaa4 ,authorization of appropriations for ,united ,states strategy for engagement in ,central ,america4 ,sec4 #aab4 ,strengthening the rule of law and combating corruption4 ,sec4 #aac4 ,combating criminal violence and improving citizen security4 ,sec4 #aad4 ,tackling extreme poverty and advancing economic development4 ,subtitle ,b--,conditions1 limitations1 and certifications on ,united ,states assistance ,sec4 #aba4 ,assistance funding available without condition4 ,sec4 #abb4 ,conditions on assistance related to smuggling1 screening1 and safety of migrants4 ,sec4 #abc4 ,conditions on assistance related to progress on specific issues4 ,subtitle ,c--,effectively coordinating ,united ,states engagement in ,central ,america ,sec4 #aca4 ,united ,states ,coordinator for ,engagement in ,central ,america4 ,subtitle ,d--,united ,states leadership for engaging international donors and partners ,sec4 #ada4 ,requirement for strategy to secure support of international donors and partners4 ,,title ,,ii--,cracking down on smugglers1 cartels1 and traffickers exploiting children and families ,subtitle ,a--,strengthening cooperation among law enforcement agencies ,to target smugglers and traffickers ,sec4 #baa4 ,enhanced international cooperation to combat human smuggling and trafficking4 ,sec4 #bab4 ,enhanced investigation and prosecution of human smuggling and trafficking4 ,sec4 #bac4 ,information campaign on dangers of migration4 ,subtitle ,b--,strengthening the ability of the ,united ,states ,government ,to crack down on smugglers1 traffickers1 and drug cartels ,sec4 #bba4 ,enhanced penalties for organized smuggling schemes4 ,sec4 #bbb4 ,expanding financial sanctions on narcotics trafficking and money laundering4 ,subtitle ,c--,creating new penalties for hindering immigration1 border1 and customs controls ,sec4 #bca4 ,hindering immigration1 border1 and customs controls4 ,,title ,,iii--,minimizing border crossings by expanding processing of refugee children and families in-country and in the region ,subtitle ,a--,providing alternative safe havens in ,mexico and the region ,sec4 #caa4 ,strengthening internal asylum systems in ,mexico and other countries4 ,subtitle ,b--,expanding refugee processing in ,mexico and ,central ,america for third country resettlement ,sec4 #cba4 ,expanding refugee processing in ,mexico and ,central ,america for third country resettlement4 ,subtitle ,c--,improving the efficiency of the ,central ,american ,minors ,program ,sec4 #cca4 ,expansion4 ,sec4 #ccb4 ,expedited processing4 ,sec4 #ccc4 ,referral to ,,unhcr4 ,,title ,,iv--,monitoring and supporting unaccompanied alien children after processing at the border ,sec4 #dja4 ,definitions2 authorization of appropriations4 ,subtitle ,a--,strengthening the government's ability ,to oversee the safety and well-,being of children ,sec4 #daa4 ,background checks to ensure the safe placement of unaccompanied alien children4 ,sec4 #dab4 ,responsibility of sponsor for immigration court compliance and child well-being4 ,sec4 #dac4 ,monitoring unaccompanied alien children4 ,subtitle ,b--,funding to ,states and school districts2 supporting education and safety ,sec4 #dba4 ,funding to ,states to conduct ,state criminal checks and child abuse and neglect checks4 ,sec4 #dbb4 ,funding to school districts for unaccompanied alien children4 ,sec4 #dbc4 ,immediate enrollment of unaccompanied alien children in schools4 ,,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 ,sec4 #eaa4 ,court appearance compliance and legal orientation4 ,sec4 #eab4 ,fair day in court for kids4 ,subtitle ,b--,reducing significant delays in immigration court ,sec4 #eba4 ,eliminate immigration court backlogs4 ,sec4 #ebb4 ,improved training for immigration judges and members of the ,board of ,immigration ,appeals4 ,sec4 #ebc4 ,new technology to improve court efficiency4 ,subtitle ,c--,reducing the likelihood of remigration ,sec4 #eca4 ,establishing reintegration and monitoring services for repatriating children4 #b4 ,findings ,congress finds the following3 7#a7 ,since #bjjf1 incidents of murder1 other violent crime1 and corruption perpetrated by armed criminal gangs and illicit trafficking organizations have risen alarmingly in ,el ,salvador1 ,guatemala and ,honduras 7referred to in this ,act as the ,northern ,triangle74 7#b7 ,in #bjac1 ,honduras had the highest per capita homicide rate of any nation in the world1 with #ij4d murders for every #ajj1jjj people in the country4 ,el ,salvador and ,guatemala were in the top #e countries with the highest per capita homicide rates4 7#c7 ,since #bjac1 ,el ,salvador's murder rate rose sharply to become the highest of any country in the world in #bjae at #ajh4e homicides for every #ajj1jjj people1 following a dramatic escalation of violence between the country's #b largest armed criminal gangs1 ,mara ,salvatrucha 7commonly known as ,,ms-#ac7 and ,barrio #ah4 7#d7 ,according to the ,united ,nations ,international ,children's ,emergency ,fund 7,,unicef71 the per capita homicide rate for children in ,el ,salvador and ,guatemala is higher than any other country in the world4 ,in #bjad1 #bg out of every #ajj1jjj children were murdered in ,el ,salvador4 7#e7 ,according to the ,united ,nations ,high ,commissioner for ,refugees 7,,unhcr71 ,honduras and ,el ,salvador have the highest per capita female homicide rates in the world4 ,in #bjad1 #ij out of every #ajj1jjj females were murdered in ,honduras4 7#f7 ,in ,april #bjaf1 ,,unhcr's spokesperson stated1 ,the number of people fleeing violence in ,central ,america has surged to levels not seen since the region was wracked by armed conflicts in the #aihjs4 ,action is urgently needed to ensure that unaccompanied children and others receive the protection to which they are entitled44 7#g7 ,since #bjac1 individuals fleeing the ,northern ,triangle have sought sanctuary in neighboring countries and there has recently been a #a1ahe percent increase in the number of asylum applications from citizens of ,el ,salvador1 ,guatemala1 and ,honduras to the ,governments of ,mexico1 ,panama1 ,nicaragua1 ,costa ,rica and ,belize4 7#h7 ,unaccompanied minors from the ,northern ,triangle now make up the majority of unaccompanied minors encountered at the international border between the ,united ,states and ,mexico1 with the fastest increase occurring among children younger than #ab years of age4 7#i7 ,human smugglers are increasingly responsible for the transit of migrants from the ,northern ,triangle to the ,united ,states4 ,according to the ,government ,accountability ,office1 human smugglers frequently use aggressive and misleading marketing to recruit migrants4 7#aj7 ,many female migrants face rape and sexual violence during the journey1 either from smugglers or others encountered on the route1 or risk being trafficked for sex or labor4 7#aa7 ,challenges to the rule of law in the ,northern ,triangle have been exacerbated by the limited ability and lack of political will on the part of governments to investigate and prosecute those responsible for murder4 ,in #bjad1 approximately #ie percent of murders remained unresolved in ,honduras and ,el ,salvador4 7#ab7 ,the presence of major drug trafficking organizations in the ,northern ,triangle contributes to violence1 corruption1 and criminality4 ,the #bjaf ,international ,narcotics ,control ,strategy ,report prepared by the ,department of ,state estimated that approximately #ij percent of the cocaine trafficked to the ,united ,states in the first half of #bjae first transited through the ,mexico_/,central ,america corridor4 7#ac7 ,widespread public sector corruption in the ,northern ,triangle undermines economic and social development and directly affects regional political stability1 as demonstrated by the indictment and resignation of former ,guatemalan president ,otto ,perez ,molina on corruption charges4 7#ad7 ,human rights defenders1 journalists1 trade unionists1 social leaders1 and ,,lgbt activists in the ,northern ,triangle face dire conditions1 as evidenced by the ,march #bjaf murder of ,honduran activist ,berta ,cceres and the targeted killing of more than #bjj such civil society leaders since #bjjf4 ,almost none of these cases have resulted in convictions4 7#ae7 ,the ,northern ,triangle struggles with high levels of economic insecurity4 ,in #bjad1 more than #fb percent of ,hondurans1 more than #ei percent of ,guatemalans1 and more than #ca percent of ,salvadorans lived below the poverty line4 7#af7 ,weak investment climates and low levels of educational opportunity are barriers to inclusive economic growth and social development in the ,northern ,triangle4 7#ag7 ,although the ,,cam ,program has approval rates of nearly #ih percent1 due to limited resources1 of the #h1ibj children that have applied for humanitarian protection1 only #fbf have been conditionally approved and only #cfh have entered the ,united ,states4 7#ah7 ,approximately #ej percent of unaccompanied minors facing ,united ,states immigration proceedings receive legal representation4 ,children with legal counsel appeared at their hearings more than #ie percent of the time4 7#ai7 ,as of ,may #bjaf1 #dib1igh cases were pending before immigration courts1 with such cases taking an average of #eec days to reach a final decision4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states must address the violence and humanitarian crisis resulting in the elevated numbers of unaccompanied children1 women1 and refugees from the ,northern ,triangle arriving at the ,southwestern border of the ,united ,states2 7#b7 the violence and humanitarian crisis has been prompted by the severe challenges posed by-- 7,a7 high rates of homicide1 sexual violence1 and violent crime perpetrated by armed criminal actors2 7,b7 endemic corruption2 and 7,c7 the limited ability and the lack of political will on the part of governments to protect their citizens and uphold the rule of law in the ,northern ,triangle2 7#c7 the ,united ,states must work with international partners-- 7,a7 to address the complicated conditions in the ,northern ,triangle that contribute to the violence and humanitarian crisis2 and 7,b7 to protect vulnerable populations1 particularly women and children1 fleeing violence in the region2 7#d7 the ,plan of the ,alliance for ,prosperity in the ,northern ,triangle1 which was developed by the ,governments of ,el ,salvador1 ,guatemala1 and ,honduras1 with the technical assistance of the ,inter-,american ,development ,bank1 represents a comprehensive approach to address the complex situation in the ,northern ,triangle2 7#e7 the ,u4,s4 ,strategy for ,engagement in ,central ,america1 as articulated by ,president ,obama and ,vice ,president ,biden1 provides important support for the ,alliance for ,prosperity and other ,united ,states national security priorities1 including rule of law and anti-corruption initiatives2 7#f7 combating corruption in the ,northern ,triangle must remain a critical priority and the ,united ,nation's ,commission ,against ,impunity in ,guatemala 7,,cicig7 and the ,organization of ,american ,states' ,mission to ,support the ,fight ,against ,corruption and ,impunity in ,honduras 7,,maccih7 are important contributions to this effort2 7#g7 the ,,cam ,program provides a safe1 legal1 and orderly alternative to children fleeing violence in the ,northern ,triangle2 7#h7 the ,united ,states must-- 7,a7 expand the ,,cam ,program to ensure the safe and orderly processing of refugee children in the region2 7,b7 strengthen internal asylum systems in ,mexico and other countries in the region to protect and process eligible children and families1 including establishing and expanding in-country reception centers2 7,c7 expand access to legal representation for unaccompanied alien children facing ,united ,states immigration proceedings2 and 7,d7 reduce delays in immigration courts1 which contribute to misinformation that migrants who come to the ,united ,states will not be removed2 and 7#i7 it is imperative for the ,united ,states to sustain a long-term commitment to addressing the factors causing ,central ,americans to flee their countries by strengthening citizen security1 the rule of law1 democratic governance1 the protection of human rights1 and inclusive economic growth in the ,northern ,triangle4 #d4 ,definitions ,in this ,act3 7#a7 ,,cam ,program ,the term ,,cam ,program means the ,central ,american ,minors ,refugee_/,parole ,program administered by ,u4,s4 ,citizenship and ,immigration ,services4 7#b7 ,intelligence community ,the term intelligence community has the meaning given the term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7#c7 ,northern triangle ,the term ,northern ,triangle means ,el ,salvador1 ,guatemala1 and ,honduras4 7#d7 ,placement ,the term placement means the placement of an unaccompanied alien child with a sponsor4 7#e7 ,plan ,the term ,plan means the ,plan of the ,alliance for ,prosperity in the ,northern ,triangle4 7#f7 ,sponsor ,the term sponsor means a sponsor referred to in section #dfb7;b77#d7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;b77#d774 7#g7 ,unaccompanied alien child ,the term unaccompanied alien child has the meaning given the term in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 ,i ,advancing reforms in ,central ,america to address the factors driving migration ,a ,strengthening the capacity of ,central ,american governments ,to protect and provide for their own people #aaa4 ,authorization of appropriations for ,united ,states strategy for engagement in ,central ,america 7a7 ,in general ,there are authorized to be appropriated #a1jdj1jjj1jjj for fiscal year #bjag to carry out the ,united ,states ,strategy for ,engagement in ,central ,america1 as defined by the objectives set forth in subsection 7b74 ,amounts appropriated pursuant to this subsection shall remain available until expended4 7b7 ,use of funds ,amounts appropriated pursuant to subsection 7a7 may be made available for assistance to ,central ,american countries to implement the ,united ,states ,strategy for ,engagement in ,central ,america in support of the ,plan1 including efforts-- 7#a7 to strengthen the rule of law and bolster the effectiveness of judicial systems1 public prosecutors' offices1 and civilian police forces2 7#b7 to combat corruption and improve public sector transparency2 7#c7 to confront and counter the violence and crime perpetrated by armed criminal gangs1 illicit trafficking organizations1 and organized crime2 7#d7 to disrupt money laundering operations and the illicit financial networks of armed criminal gangs1 illicit trafficking organizations1 and human smugglers2 7#e7 to strengthen democratic governance and promote greater respect for internationally recognized human rights1 labor rights1 fundamental freedoms1 and the media2 7#f7 to enhance the capability of ,central ,american governments to protect and provide for vulnerable and at-risk populations2 7#g7 to address the underlying causes of poverty and inequality2 and 7#h7 to address the constraints to inclusive economic growth in ,central ,america4 7c7 ,prioritization ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development shall prioritize the provision of assistance authorized under this section to address the key factors in ,central ,american countries that contribute to the flight of unaccompanied alien children and other individuals to the ,united ,states4 #aab4 ,strengthening the rule of law and combating corruption 7a7 ,in general ,of the amounts appropriated pursuant to section #aaa7;a71 #bfj1jjj1jjj may be made available to the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development to strengthen the rule of law1 combat corruption1 consolidate democratic governance1 and defend human rights4 7b7 ,assistance for ,central ,america ,the ,secretary and the ,administrator may use the amounts made available under subsection 7a7 to provide assistance for ,central ,american countries through the activities described in subsection 7c74 7c7 ,authorized activities ,activities described in this section include-- 7#a7 strengthening the rule of law in ,central ,american countries by providing support for-- 7,a7 the ,office of the ,attorney ,general and public prosecutors in each such country1 including the enhancement of their forensics and communications interception capabilities2 7,b7 reforms leading to independent1 merit-based1 selection processes for judges and prosecutors1 and relevant ethics and professional training2 7,c7 the improvement of victim and witness protection2 and 7,d7 the reform and improvement of prison facilities and management2 7#b7 combating corruption by providing support for-- 7,a7 inspectors general and oversight institutions1 including relevant training for inspectors and auditors2 7,b7 international commissions against impunity1 including the ,international ,commission ,against ,impunity in ,guatemala 7,,cicig7 and the ,support ,mission ,against ,corruption and ,impunity in ,honduras 7,,maccih72 7,c7 civil society watchdogs conducting oversight of executive branch officials and functions1 police and security forces1 and judicial officials and public prosecutors2 and 7,d7 the enhancement of freedom of information mechanisms2 7#c7 consolidating democratic governance by providing support for-- 7,a7 the reform of civil services1 related training programs1 and relevant career laws and processes that lead to independent1 merit-based selection processes2 7,b7 national legislatures and their capacity to conduct oversight of executive branch functions2 7,c7 the reform of political party and campaign finance laws2 and 7,d7 local governments and their capacity to provide critical safety1 education1 health1 and sanitation services to citizens2 and 7#d7 defending human rights by providing support for-- 7,a7 human rights ombudsman offices2 7,b7 government protection programs that provide physical protection to human rights defenders1 journalists1 trade unionists1 and civil society activists at risk2 7,c7 civil society organizations that promote and defend human rights1 freedom of expression1 freedom of the press1 labor rights1 and ,,lgbt rights2 and 7,d7 civil society organizations that address sexual1 domestic1 and inter-partner violence against women and protect victims of such violence4 #aac4 ,combating criminal violence and improving citizen security 7a7 ,in general ,of the amounts appropriated pursuant to section #aaa7;a71 #bfj1jjj1jjj may 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 gangs1 illicit trafficking organizations and human smugglers4 7b7 ,assistance for ,central ,america ,the ,secretary and the ,administrator may use the amounts made available under subsection 7a7 to provide assistance for ,central ,american countries through the activities described in subsection 7c74 7c7 ,authorized activities ,activities described in this section include-- 7#a7 professionalizing civilian police forces by providing support for-- 7,a7 the reform of personnel vetting and dismissal processes1 including the enhancement of polygraph capability for use in such processes2 7,b7 inspectors general and oversight offices1 including relevant training for inspectors and auditors2 7,c7 community policing policies and programs2 7,d7 the establishment of special vetted units2 7,e7 training on the appropriate use of force and human rights2 7,f7 training on civilian intelligence collection1 investigative techniques1 forensic analysis1 and evidence preservation2 and 7,g7 equipment1 such as nonintrusive inspection equipment and communications interception technology2 7#b7 countering illicit trafficking by providing assistance to the civilian law enforcement and armed forces of ,central ,american countries1 including support for-- 7,a7 the establishment of special vetted units2 7,b7 the enhancement of intelligence collection capacity2 7,c7 the reform of personnel vetting and dismissal processes1 including the enhancement of polygraph capability for use in such processes2 and 7,d7 port1 airport1 and border security equipment1 including-- 7i7 computer infrastructure and data management systems2 7ii7 secure communications technologies2 7iii7 communications interception technology2 7iv7 nonintrusive inspection equipment2 and 7v7 radar and aerial surveillance equipment2 7#c7 disrupting illicit financial networks by providing support for-- 7,a7 finance ministries1 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 gangs1 illicit trafficking networks1 human smugglers1 and organized crime2 7,b7 financial intelligence units1 including the establishment and enhancement of anti-money laundering programs2 and 7,c7 the reform of bank secrecy laws2 and 7#d7 improving crime prevention by providing support for-- 7,a7 programs that address domestic violence and violence against women2 7,b7 the enhancement of programs for at-risk and criminal-involved youth1 including the improvement of community centers2 and 7,c7 alternative livelihood programs4 7d7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 intended2 and 7#b7 the ,united ,states should take all necessary steps to ensure that the use of operation technology described in paragraph 7#a7 is consistent with ,united ,states law1 including protections of freedom of expression1 freedom of movement1 and freedom of association4 #aad4 ,tackling extreme poverty and advancing economic development 7a7 ,in general ,of the amounts appropriated pursuant to section #aaa7;a71 #bcj1jjj1jjj may be made available to the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development-- 7#a7 to address the underlying causes of poverty and inequality2 and 7#b7 to improve economic development4 7b7 ,assistance for ,central ,america ,the ,secretary and the ,administrator may use the amounts made available under subsection 7a7 to provide assistance for ,central ,american countries through the activities described in subsection 7c74 7c7 ,authorized activities ,activities described in this section include-- 7#a7 strengthening human capital by providing support for-- 7,a7 workforce development and entrepreneurship training programs that are driven by market demand1 specifically programs that prioritize women1 at-risk youth1 and minorities2 7,b7 improving early-grade literacy and the improvement of primary and secondary school curricula2 7,c7 relevant professional training for teachers and educational administrators2 and 7,d7 educational policy reform and improvement of education sector budgeting2 7#b7 enhancing economic competitiveness and investment climate by providing support for-- 7,a7 small business development centers and programs that strengthen supply chain integration2 7,b7 trade facilitation and customs harmonization programs2 7,c7 reducing energy costs through investments in clean technologies and the reform of energy policies and regulations2 7,d7 the improvement of protections for investors1 including dispute resolution and arbitration mechanisms2 and 7,e7 the improvement of labor and environmental standards1 in accordance with the ,dominican ,republic-,central ,america ,free ,trade ,agreement 7,,cafta-,,dr72 7#c7 strengthening food security by providing support for-- 7,a7 small-scale agriculture1 including technical training and programs that facilitate access to credit2 7,b7 agricultural value chain development for farming communities2 7,c7 nutrition programs to reduce childhood stunting rates2 and 7,d7 investment in scientific research on climate change and climate resiliency2 and 7#d7 improving the state of fiscal and financial affairs by providing support for-- 7,a7 domestic revenue generation1 including programs to improve tax administration1 collection1 and enforcement2 7,b7 strengthening public sector financial management1 including strategic budgeting and expenditure tracking2 and 7,c7 reform of customs and procurement policies and processes4 ,b ,conditions1 limitations1 and certifications on ,united ,states assistance #aba4 ,assistance funding available without condition ,the ,secretary of ,state may obligate up to #be percent of the amounts appropriated pursuant to section #aaa7;a7 to carry out the ,united ,states ,strategy for ,engagement in ,central ,america in support of the ,plan4 #abb4 ,conditions on assistance related to smuggling1 screening1 and safety of migrants 7a7 ,notification and cooperation ,in addition to the amounts authorized to be obligated under sections #aba and #abc1 the ,secretary of ,state may obligate an additional #be percent of the amounts appropriated pursuant to section #aaa7;a7 for assistance to the ,government of ,el ,salvador1 the ,government of ,guatemala1 and the ,government of ,honduras after the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 certifies and reports to ,congress that such governments are taking effective steps1 in addition to steps taken during previous years1 to-- 7#a7 combat human smuggling and trafficking1 including investigating1 prosecuting1 and increasing penalties for individuals responsible for such crimes2 7#b7 improve border security and border screening to detect and deter illicit smuggling and trafficking1 while respecting the rights of individuals fleeing violence and seeking humanitarian protection asylum1 in accordance with international law2 7#c7 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 status1 in accordance with international law2 7#d7 improve reintegration services for repatriated migrants in a manner that ensures the safety and well-being of the individual and reduces the likelihood of remigration2 and 7#e7 cooperate with the ,united ,nations ,high ,commissioner for ,refugees to improve protections for1 and the processing of1 vulnerable populations1 particularly women and children fleeing violence4 #abc4 ,conditions on assistance related to progress on specific issues 7a7 ,effective implementation ,in addition to the amounts authorized to be obligated under sections #aba and #abb1 the ,secretary of ,state may obligate an additional #ej percent of the amounts appropriated pursuant to section #aaa for assistance to the ,government of ,el ,salvador1 the ,government of ,guatemala1 and the ,government of ,honduras after the ,secretary consults with1 and subsequently certifies and reports to1 the appropriate congressional committees that such governments are taking effective steps in their respective countries1 in addition to steps taken during the previous calendar year1 to-- 7#a7 establish an autonomous1 publicly accountable entity to provide oversight of the ,plan2 7#b7 combat corruption1 including investigating and prosecuting government officials1 military personnel1 and civil police officers credibly alleged to be corrupt2 7#c7 implement reforms and strengthen the rule of law1 including increasing the capacity and independence of the judiciary and public prosecutors2 7#d7 counter the activities of armed criminal gangs1 illicit trafficking networks1 and organized crime2 7#e7 establish and implement a plan to create a professional1 accountable civilian police force and curtail the role of the military in internal policing2 7#f7 investigate and prosecute1 through the civilian justice system1 military and police personnel who are credibly alleged to have violated human rights1 and to ensure that the military and the police are cooperating in such cases2 7#g7 cooperate with international commissions against impunity1 as appropriate1 and with regional human rights entities2 7#h7 implement reforms related to improving the transparency of financing political campaigns and political parties2 7#i7 protect the right of political opposition parties1 journalists1 trade unionists1 human rights defenders1 and other civil society activists to operate without interference2 7#aj7 increase government revenues1 including by enhancing tax collection1 strengthening customs agencies1 and reforming procurement processes2 7#aa7 implement reforms to strengthen educational systems1 vocational training programs1 and programs for at-risk youth2 7#ab7 resolve commercial disputes1 including the confiscation of real property1 between ,united ,states entities and the respective governments2 and 7#ac7 implement a policy by which local communities1 civil society organizations 7including indigenous and marginalized groups71 and local governments are consulted in the design1 implementation and evaluation of the activities of the ,plan that affect such communities1 organizations1 or governments4 ,c ,effectively coordinating ,united ,states engagement in ,central ,america #aca4 ,united ,states ,coordinator for ,engagement in ,central ,america 7a7 ,designation ,not later than #cj days after the date of the enactment of this ,act1 the ,president shall designate a senior official to coordinate all of the ,federal ,government's efforts and the efforts of international partners to strengthen citizen security1 the rule of law1 and economic prosperity in ,central ,america and to protect vulnerable populations in the region4 7b7 ,supervision ,the official designated under subsection 7a7 shall report directly to the ,president4 7c7 ,duties ,the official designated under subsection 7a7 shall coordinate all of the efforts1 activities1 and programs related to ,united ,states engagement in ,central ,america1 including-- 7#a7 coordinating with the ,department of ,state1 the ,department of ,justice 7including the ,federal ,bureau of ,investigation71 the ,department of ,homeland ,security1 the intelligence community1 and international partners regarding ,united ,states efforts to confront armed criminal gangs1 illicit trafficking networks1 and organized crime responsible for high levels of violence1 extortion1 and corruption in ,central ,america2 7#b7 coordinating with the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 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 populations1 including women and children2 7#c7 coordinating with the ,department of ,state1 the ,department of ,homeland ,security1 and international partners regarding ,united ,states efforts to counter human smugglers illegally transporting ,central ,american migrants to the ,united ,states2 7#d7 coordinating with the ,department of ,state1 the ,department of ,homeland ,security1 the ,united ,states ,agency for ,international ,development1 and international partners1 including the ,united ,nations ,high ,commissions for ,refugees1 to increase protections for vulnerable ,central ,american populations1 improve refugee processing1 and strengthen asylum systems throughout the region2 7#e7 coordinating with the ,department of ,state1 the ,department of ,defense1 the ,department of ,justice 7including the ,drug ,enforcement ,administration71 the ,department of the ,treasury1 the intelligence community1 and international partners regarding ,united ,states efforts to combat illicit narcotics traffickers1 interdict transshipments of illicit narcotics1 and disrupt the financing of the illicit narcotics trade2 7#f7 coordinating with the ,department of ,state1 the ,department of the ,treasury1 the ,department of ,justice1 the intelligence community1 the ,united ,states ,agency for ,international ,development1 and international partners regarding ,united ,states efforts to combat corruption1 money laundering1 and illicit financial networks2 7#g7 coordinating with the ,department of ,state1 the ,department of ,justice1 the ,united ,states ,agency for ,international ,development1 and international partners regarding ,united ,states efforts to strengthen the rule of law1 democratic governance1 and human rights protections2 and 7#h7 coordinating with the ,department of ,state1 the ,department of ,agriculture1 the ,united ,states ,agency for ,international ,development1 the ,overseas ,private ,investment ,corporation1 the ,united ,states ,trade and ,development ,agency1 the ,department of ,labor1 and international partners1 including the ,inter-,american ,development ,bank1 to strengthen the foundation for inclusive economic growth and improve food security1 investment climate1 and protections for labor rights4 7d7 ,consultation ,the official designated under subsection 7a7 shall consult with ,congress1 multilateral organizations and institutions1 foreign governments1 and domestic and international civil society organizations4 ,d ,united ,states leadership for engaging international donors and partners #ada4 ,requirement for strategy to secure support of international donors and partners 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit a #c-year strategy to the appropriate congressional committees that-- 7#a7 describes how the ,united ,states will secure support from international donors and regional partners 7including ,colombia and ,mexico7 for the implementation of the ,plan2 7#b7 identifies governments that are willing to provide financial and technical assistance for the implementation of the ,plan and a description of such assistance2 and 7#c7 identifies the financial and technical assistance to be provided by multilateral institutions1 including the ,inter-,american ,development ,bank1 the ,world ,bank1 the ,international ,monetary ,fund1 the ,andean ,development ,corporation--,development ,bank of ,latin ,america1 and the ,organization of ,american ,states1 and a description of such assistance4 7b7 ,diplomatic engagement and coordination ,the ,secretary of ,state1 in coordination with the ,secretary of the ,treasury1 as appropriate1 shall-- 7#a7 carry out diplomatic engagement to secure contributions of financial and technical assistance from international donors and partners in support of the ,plan2 and 7#b7 take all necessary steps to ensure effective cooperation among international donors and partners supporting the ,plan4 7c7 ,report ,not later than #a year after submitting the strategy submitted under subsection 7a71 the ,secretary of ,state shall submit a report to the appropriate congressional committees that describes-- 7#a7 the progress made in implementing the strategy2 and 7#b7 the financial and technical assistance provided by international donors and partners1 including the multilateral institutions listed in subsection 7a77#c74 7d7 ,briefings ,upon a request from one of the appropriate congressional committees1 the ,secretary of ,state shall provide a briefing to the committee that describes the progress made in implementing the strategy submitted under subsection 7a74 7e7 ,defined term ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,appropriations of the ,senate2 7#c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#d7 the ,committee on ,appropriations of the ,house of ,representatives4 ,,ii ,cracking down on smugglers1 cartels1 and traffickers exploiting children and families ,a ,strengthening cooperation among law enforcement agencies ,to target smugglers and traffickers #baa4 ,enhanced international cooperation to combat human smuggling and trafficking 7a7 ,partnership expansion ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 shall expand partnership efforts with law enforcement entities in ,el ,salvador1 ,guatemala1 ,honduras1 and ,mexico seeking to combat human smuggling and trafficking in those countries1 including-- 7#a7 the creation or expansion of transnational criminal investigative units to identify1 disrupt1 and prosecute human smuggling and trafficking operations2 7#b7 participation by ,u4,s4 ,immigration and ,customs ,enforcement and the ,department of ,justice in the ,bilateral ,human ,trafficking ,enforcement ,initiative with their ,mexican law enforcement counterparts2 and 7#c7 advanced training programs for investigators and prosecutors from ,el ,salvador1 ,guatemala1 ,honduras1 and ,mexico4 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out subsection 7a74 #bab4 ,enhanced investigation and prosecution of human smuggling and trafficking 7a7 ,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 border1 including the continuation and expansion of anti-trafficking coordination teams4 7b7 ,homeland ,security ,investigations ,the ,secretary of ,homeland ,security1 in consultation with the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall increase the resources available to ,homeland ,security ,investigations to facilitate the expansion of its smuggling and trafficking investigations4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out subsections 7a7 and 7b74 #bac4 ,information campaign on dangers of migration 7a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall design and implement public information campaigns in ,el ,salvador1 ,guatemala1 and ,honduras-- 7#a7 to disseminate information about the dangers of travel across ,mexico to the ,united ,states2 and 7#b7 to combat misinformation about ,united ,states immigration law or policy4 7b7 ,elements ,the information campaigns implemented pursuant to subsection 7a7 shall1 to the greatest extent possible-- 7#a7 be targeted at populations and localities with high migration rates2 7#b7 employ a variety of communications media2 and 7#c7 be developed in consultation with program officials at the ,department of ,homeland ,security1 the ,department of ,state1 or other government1 nonprofit1 or academic entities in close contact with migrant populations from ,el ,salvador1 ,guatemala1 and ,honduras1 including repatriated migrants4 ,b ,strengthening the ability of the ,united ,states ,government ,to crack down on smugglers1 traffickers1 and drug cartels #bba4 ,enhanced penalties for organized smuggling schemes 7a7 ,in general ,section #bgd7;a77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77#a77;,b77 is amended-- 7#a7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 7#b7 by inserting after clause 7ii7 the following3 7iii7 in the case of a violation of subparagraph 7,a77i7 during and in relation to which the person1 while acting for profit or other financial gain1 knowingly directs or participates in an effort or scheme to assist or cause #aj or more persons 7other than a parent1 spouse1 or child of the offender7 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 ,secretary1 be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #ae years1 or both2 2 and 7#c7 in clause 7iv71 as redesignated1 by inserting commits or attempts to commit sexual assault of1 after section #acfe of title #ah1 ,united ,states ,code7 to14 7b7 ,bulk cash smuggling ,section #eccb7;b77#a7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in the paragraph heading1 by striking ,term of imprisonment and inserting ,in general2 and 7#b7 by inserting 1 fined under title #ah1 or both after #e years4 #bbb4 ,expanding financial sanctions on narcotics trafficking and money laundering 7a7 ,findings ,congress finds the following3 7#a7 ,in ,july #bjaa1 ,president ,obama released ,strategy to ,combat ,transnational ,organized ,crime1 which articulates a multidimensional response to combat transnational organized crime1 including drug trafficking networks1 armed criminal gangs1 and money laundering4 7#b7 ,the ,strategy calls for expanded efforts to dismantle illicit financial networks1 including through maximizing the use of the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq474 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,senate should immediately confirm pending nominations to key national security positions1 including ,mr4 ,adam ,szubin1 who was nominated by ,president ,obama on ,april #af1 #bjae1 to the position of ,undersecretary for ,terrorism and ,financial ,crimes within the ,department of the ,treasury1 a critical position focused on identifying and confronting illicit financial networks4 7c7 ,financial sanctions expansion 7#a7 ,in general ,the ,secretary of the ,treasury1 the ,attorney ,general1 the ,secretary of ,state1 the ,secretary of ,defense1 and the ,director of ,central ,intelligence shall expand investigations1 intelligence collection1 and analysis pursuant to the ,foreign ,narcotics ,kingpin ,designation ,act to increase the identification and application of sanctions against-- 7,a7 significant foreign narcotics traffickers1 their organizations and networks2 and 7,b7 the foreign persons who provide material1 financial1 or technological support to such traffickers1 organizations1 and networks4 7#b7 ,targets ,the efforts described in paragraph 7#a7 shall specifically target foreign narcotics traffickers1 their organizations and networks1 and the foreign persons who provide material1 financial1 or technological support to such traffickers1 organizations and networks that are present and operating in ,central or ,south ,america4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out subsection 7c74 ,c ,creating new penalties for hindering immigration1 border1 and customs controls #bca4 ,hindering immigration1 border1 and customs controls 7a7 ,immigration and ,nationality ,act ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after section #bgd;,d the following3 #bgd;,e4 ,hindering immigration1 border1 and customs controls 7a7 ,illicit spotting 7#a7 ,in general ,it shall be unlawful to knowingly surveil1 track1 monitor1 or transmit the location1 movement1 or activities of any officer or employee of a ,federal1 ,state1 or tribal law enforcement agency-- 7,a7 with the intent to gain financially2 and 7,b7 in furtherance of any violation of the immigration laws1 the customs and trade laws of the ,united ,states 7as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe771 any other ,federal law relating to transporting controlled substances1 agriculture1 or monetary instruments into the ,united ,states1 or any ,federal law relating to border controls measures of the ,united ,states4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7b7 ,destruction of ,united ,states border controls 7#a7 ,in general ,it shall be unlawful to knowingly and without lawful authorization-- 7,a7 destroy or significantly damage any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control an international border of1 or a port of entry to1 the ,united ,states2 or 7,b7 otherwise seek to construct1 excavate1 or make any structure intended to defeat1 circumvent or evade such a fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control an international border of1 or a port of entry to1 the ,united ,states4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 4 7b7 ,clerical amendment ,the table of contents of such ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bgd;,d the following3 ,sec4 #bgd;,e4 ,hindering immigration1 border1 and customs controls4 4 ,,iii ,minimizing border crossings by expanding processing of refugee children and families in-country and in the region ,a ,providing alternative safe havens in ,mexico and the region #caa4 ,strengthening internal asylum systems in ,mexico and other countries 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 shall work with international partners1 including the ,united ,nations ,high ,commissioner for ,refugees1 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 by-- 7#a7 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 protection2 7#b7 improving the asylum registration system to ensure that all individuals seeking asylum or other humanitarian protection-- 7,a7 are properly screened for security1 including biographic and biometric capture2 7,b7 receive due process and meaningful access to existing legal protections2 and 7,c7 receive proper documents in order to prevent fraud and ensure freedom of movement and access to basic social services2 7#c7 creating or expanding a corps of trained asylum officers capable of evaluating and deciding individual asylum claims consistent with international law and obligations2 and 7#d7 developing the capacity to conduct best interest determinations for unaccompanied alien children to ensure that their needs are properly met1 which may include family reunification or resettlement based on international protection needs4 7b7 ,report ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 shall submit a report that describes the plans of the ,secretary of ,state to assist in developing the asylum processing capabilities described in subsection 7a7 to-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#c7 the ,committee on the ,judiciary of the ,senate2 7#d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#e7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#f7 the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out subsection 7a74 ,b ,expanding refugee processing in ,mexico and ,central ,america for third country resettlement #cba4 ,expanding refugee processing in ,mexico and ,central ,america for third country resettlement 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 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 by-- 7#a7 establishing and expanding in-country refugee reception centers to meet the humanitarian needs of those seeking international protection2 7#b7 improving the refugee registration system to ensure that all refugees-- 7,a7 are properly screened for security1 including biographic and biometric capture2 7,b7 receive due process and meaningful access to existing legal protections2 and 7,c7 receive proper documents in order to prevent fraud and ensure freedom of movement and access to basic social services2 7#c7 creating or expanding a corps of trained refugee officers capable of evaluating and deciding individual claims for protection1 consistent with international law and obligations2 and 7#d7 developing the capacity to conduct best interest determinations for unaccompanied alien children to ensure that-- 7,a7 such children with international protection needs are properly registered2 and 7,b7 their needs are properly met1 which may include family reunification or resettlement based on international protection needs4 7b7 ,report ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 shall submit a report to the committees listed in section #caa7;b7 that describes the plans of the ,secretary of ,state to assist in developing the refugee processing capabilities described in subsection 7a74 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out subsection 7a74 ,c ,improving the efficiency of the ,central ,american ,minors ,program #cca4 ,expansion ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall increase the resources directed to the ,,cam ,program1 including-- 7#a7 increasing the number of refugee officers available for in-country processing2 and 7#b7 establishing additional site locations4 #ccb4 ,expedited processing ,not later than #ahj days after receiving a completed application from an unaccompanied alien child seeking protection under the ,,cam ,program1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall make a final determination on such application unless the security screening for such child cannot be completed during the #ahj-;day period4 #ccc4 ,referral to ,,unhcr ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services or the ,assistant ,secretary of ,state for the ,bureau of ,population1 ,refugees1 and ,migration shall refer any child who is the proposed beneficiary of an application under the ,,cam ,program and is facing immediate risk of harm to the ,united ,nations ,high ,commissioner for ,refugees for registration and safe passage to an established emergency transit center for refugees4 ,,iv ,monitoring and supporting unaccompanied alien children after processing at the border #dja4 ,definitions2 authorization of appropriations 7a7 ,definitions ,in this title3 7#a7 ,department ,except as otherwise indicated1 the term ,department means the ,department of ,health and ,human ,services4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,refugee ,resettlement of the ,department4 7#c7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,resident adult ,the term resident adult means any individual age #ah or older who regularly lives1 shares common areas1 and sleeps in a sponsor or prospective sponsor's home4 7#e7 ,secretary ,except as otherwise indicated1 the term ,secretary means the ,secretary of ,health and ,human ,services4 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this title4 ,a ,strengthening the government's ability ,to oversee the safety and well-,being of children #daa4 ,background checks to ensure the safe placement of unaccompanied alien children 7a7 ,criminal and civil record checks 7#a7 ,requirement ,in carrying out the functions transferred to the ,director under section #dfb7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;a771 from amounts appropriated pursuant to section #dja7;b7 to carry out this section1 the ,director shall perform1 consistent with best practices in the field of child welfare1 and a prospective sponsor and all resident adults in the home of the prospective sponsor shall submit to the following record checks 7which shall be completed as expeditiously as possible73 7,a7 ,fingerprint-based checks 7except as described in paragraph 7#b77 in national crime information databases1 as defined in section #ecd7;e77#c7 of title #bh1 ,united ,states ,code4 7,b7 ,a search of the ,state criminal registry or repository for any ,state 7except as described in paragraph 7#c77 in which the prospective sponsor or resident adult has resided during the #e years preceding the search4 7,c7 ,a search of the ,national ,sex ,offender ,registry established under section #aai of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiai74 7,d7 ,a search 7except as described in paragraphs 7#b7 and 7#c77 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 #e years preceding the search4 7#b7 ,parents and guardians ,for purposes of paragraph 7#a71 if the prospective sponsor is the parent or guardian of the child involved1 the ,director shall have discretion to determine whether the ,director shall perform1 and the prospective sponsor and resident adults described in paragraph 7#a7 shall submit to1 a check described in subparagraph 7,a7 or 7,d7 of paragraph 7#a74 7#c7 ,waivers 7,a7 ,in general ,if the ,secretary determines that it is not feasible to conduct the check described in subparagraph 7,b7 or 7,d7 of paragraph 7#a7 for a ,state1 including infeasibility due to a ,state's refusal or nonresponse in response to a request for related information1 or that the average time to receive results from a ,state for such a check is more than #aj business days1 the ,secretary may waive the requirements of that subparagraph with respect to the ,state involved for a period of not more than #a year4 ,the ,secretary may renew the waiver in accordance with this subparagraph4 7,b7 ,prohibition on delegation ,the ,secretary may not delegate the responsibility under subparagraph 7,a7 to another officer or employee of the ,department4 7,c7 ,states where waivers apply ,the ,secretary shall make available1 on a website of the ,department1 the list of ,states for which the requirements of subparagraph 7,b7 or 7,d7 of paragraph 7#a7 are waived under this paragraph4 7#d7 ,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 child4 7b7 ,placement determinations generally 7#a7 ,denials required for certain crimes ,the ,director shall deny any placement for a prospective sponsor 7other than the parent or guardian of the child involved71 and may deny any placement for a prospective sponsor who is the parent or guardian of the child involved subject to subsection 7c71 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 #ah or older of a crime that is a felony consisting of any of the following3 7,a7 ,domestic violence1 stalking1 child abuse1 child neglect1 or child abandonment1 if the prospective sponsor or resident adult served at least #a year imprisonment for a crime specified in this subparagraph1 or if the prospective sponsor or resident adult was convicted of #b or more crimes specified in this subparagraph1 not arising out of a single scheme of criminal misconduct4 7,b7 ,a crime against a child involving pornography4 7,c7 ,human trafficking4 7,d7 ,rape or sexual assault4 7,e7 ,homicide4 7#b7 ,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 7#a74 ,the ,director1 in making a determination about whether to approve or deny the placement1 shall consider all of the following factors3 7,a7 ,the type of offense4 7,b7 ,the number of offenses the sponsor or resident adult has been adjudged guilty or convicted of4 7,c7 ,the length of time that has elapsed since the adjudication or conviction4 7,d7 ,the nature of the offense4 7,e7 ,the age of the individual at the time of the adjudication or conviction4 7,f7 ,the relationship between the offense and the capacity to care for a child4 7,g7 ,evidence of rehabilitation of the individual4 7,h7 ,opinions of community and family members concerning the individual4 7c7 ,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 crime4 ,the ,director1 in making a determination about whether to approve or deny the placement1 shall consider all of the factors described in subsection 7b77#b74 7d7 ,appeals process 7#a7 ,information ,the ,secretary shall provide information to each prospective sponsor on how such sponsor may appeal-- 7,a7 a placement determination under this section1 including-- 7i7 prompt notice of the opportunity to so appeal2 and 7ii7 instructions about how to participate in the appeals process2 and 7,b7 the results of a record check performed pursuant to this section or the accuracy or completeness of the information yielded by the record check1 as provided in paragraph 7#b71 including-- 7i7 prompt notice of the opportunity to so appeal2 and 7ii7 instructions about how to participate in the appeals process4 7#b7 ,appeal ,each ,federal agency responsible for administering or maintaining the information in a database1 registry1 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-- 7,a7 establish a process for an appeal concerning the results of that record check1 or that accuracy or completeness2 and 7,b7 complete such process not later than #cj days after the date on which such an appeal is filed4 7e7 ,rule of construction ,nothing in this section shall be construed to prohibit the ,director from establishing additional checks or procedures 7besides the checks required in this section7 for sponsors1 to enable the ,director to-- 7#a7 oversee and promote the health1 safety1 and well-being of unaccompanied alien children2 or 7#b7 prevent the exploitation1 neglect1 or abuse of unaccompanied alien children4 #dab4 ,responsibility of sponsor for immigration court compliance and child well-being 7a7 ,in general ,using amounts appropriated pursuant to section #dja7;b7 to carry out this section1 the ,secretary1 in consultation with the ,attorney ,general1 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 sponsor4 7b7 ,program elements ,the procedures described in subsection 7a7 shall include a requirement that each legal orientation program described in such subsection shall provide information on the sponsor's rights and responsibilities to-- 7#a7 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 information2 7#b7 immediately enroll the child in school1 and shall provide information and resources if the sponsor encounters difficulty enrolling such child in school2 7#c7 provide access to health care1 including mental health care as needed1 and any necessary age-appropriate health screening to the child2 7#d7 report potential child traffickers and other persons seeking to victimize or exploit unaccompanied alien children1 or otherwise engage such children in criminal1 harmful1 or dangerous activity2 7#e7 seek assistance from the ,department regarding the health1 safety1 and well-being of the child placed with the sponsor2 and 7#f7 file a complaint1 if necessary1 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 ,security1 respectively4 #dac4 ,monitoring unaccompanied alien children 7a7 ,risk-,based post-,placement services 7#a7 ,in general ,using amounts appropriated pursuant to section #dja7;b7 to carry out this section1 the ,secretary shall1 to assist each unaccompanied alien child in a placement with a sponsor-- 7,a7 complete an individualized assessment of the need for services to be provided after placement2 and 7,b7 provide such post-placement services during the pendency of removal proceedings or until no longer necessary4 7#b7 ,minimum services ,for the purposes of paragraph 7#a71 the services shall1 at a minimum1 include-- 7,a7 for the unaccompanied alien child1 at least one post-placement case management services visit within #cj days after placement with a sponsor and the referral of unaccompanied alien children to service providers in the community2 and 7,b7 for the family of the child's sponsor1 orientation and other functional family support services1 as determined to be necessary in the individualized assessment4 7b7 ,effective use of child advocates for the most vulnerable unaccompanied alien children ,the ,secretary shall-- 7#a7 direct the ,director-- 7,a7 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 low2 7,b7 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 advocate2 7,c7 to provide technical assistance to care providers to ensure compliance with such criteria2 and 7,d7 to establish a process for stakeholders and the public to refer unaccompanied alien children1 including those placed with a sponsor1 to the child advocate program to determine if such child meets the referral criteria for appointment of a child advocate2 and 7#b7 ensure that each child advocate for an unaccompanied alien child shall-- 7,a7 be provided access to materials necessary to advocate effectively for the best interest of the child1 including direct access to significant incident reports1 home studies1 and similar materials and information2 and 7,b7 be notified when new materials and information described in subparagraph 7,a7 relating to the child are created or become available4 ,b ,funding to ,states and school districts2 supporting education and safety #dba4 ,funding to ,states to conduct ,state criminal checks and child abuse and neglect checks 7a7 ,definition ,in this section1 the term ,state means each of the #ej ,states of the ,united ,states and the ,district of ,columbia4 7b7 ,payments to ,states ,to conduct ,state criminal registry or repository searches and ,to conduct child abuse and neglect checks 7#a7 ,in general ,using amounts appropriated pursuant to section #dja7;b7 to carry out this section1 the ,secretary shall1 in accordance with this subsection1 make payments to ,states1 through each agency in each ,state tasked with administering the ,state criminal registry or repository required under section #daa7;a77#a77;,b7 or the ,state child abuse and neglect registry required under section #daa7;a77#a77;,d71 to assist with searches of such registries1 repositories1 or databases for prospective sponsors of unaccompanied alien children and resident adults in the home of such prospective sponsors1 in accordance with section #daa4 7#b7 ,allotments 7,a7 ,state criminal registry and repository searches ,in each fiscal year1 using amounts appropriated pursuant to section #dja7;b7 to carry out this section with respect to the program providing payments to ,states to assist with criminal registry or repository searches1 the ,secretary shall allot to each ,state participating in such program1 through the agency in each such ,state tasked with administering the ,state criminal registry or repository described in section #daa7;a77#a77;,b71 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 #daa7;a77#a77;,b7 in the ,state bears to the total number of such searches in all ,states participating in the program4 7,b7 ,child abuse and neglect checks ,in each fiscal year1 using amounts appropriated pursuant to section #dja7;b7 to carry out this section with respect to the program providing payments to ,states to assist with child abuse and neglect registry and database searches1 the ,secretary shall allot to each ,state participating in such program1 through the agency in each such ,state tasked with administering the ,state child abuse and neglect registries and databases described in section #daa7;a77#a77;,d71 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 #daa7;a77#a77;,d7 in the ,state bears to the total number of such searches in all ,states participating in the program4 7,c7 ,transition rule ,in the first fiscal year in which funds are made available under this title to carry out this section1 the ,secretary shall make allotments to each ,state participating in the programs under this section in accordance with subparagraphs 7,a7 and 7,b71 based on the ,secretary's estimate of the number of the searches described in each such subparagraph1 respectively1 that each of the ,states are expected to conduct in such fiscal year4 7#c7 ,state applications ,each ,state agency described in paragraph 7#a7 desiring an allotment under subparagraph 7,a7 or 7,b7 of paragraph 7#b7 shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require1 which shall include an assurance that the ,state agency will respond promptly to all requests from the ,director1 within a reasonable time period determined by the ,director1 to conduct a search required under section #daa in a timely manner1 and a description of how funds will be used to meet such assurance4 #dbb4 ,funding to school districts for unaccompanied alien children 7a7 ,grants authorized ,using amounts appropriated pursuant to section #dja7;b7 to carry out this section1 the ,secretary of ,education shall award grants1 on a competitive basis1 to eligible local educational agencies1 or consortia of neighboring local educational agencies1 described in subsection 7b7 to enable the local educational agencies or consortia to enhance opportunities for1 and provide services to1 immigrant children and youth1 including unaccompanied alien children1 in the area served by the local educational agencies or consortia4 7b7 ,eligible local educational agencies 7#a7 ,in general ,a local educational agency1 or a consortium of neighboring local educational agencies1 is eligible for a grant under subsection 7a7 if1 during the fiscal year for which a grant is awarded under this section1 there are #ej or more unaccompanied alien children enrolled in the public schools served by the local educational agency or the consortium1 respectively4 7#b7 ,determinations of number of unaccompanied alien children ,the ,secretary of ,education shall determine the number of unaccompanied alien children for purposes of paragraph 7#a7 based on the most accurate data available that is provided to the ,secretary of ,education by the ,director or the ,department of ,homeland ,security4 7c7 ,applications ,a local educational agency1 or a consortia of neighboring local educational agencies1 desiring a grant under this section shall submit an application to the ,secretary of ,education at such time1 in such manner1 and containing such information1 as the ,secretary of ,education may require1 including a description of how the grant will be used to enhance opportunities for1 and provide services to1 immigrant children and youth 7including unaccompanied alien children7 and their families4 #dbc4 ,immediate enrollment of unaccompanied alien children in schools ,to be eligible for funding under the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq471 a local educational agency shall-- 7#a7 ensure that unaccompanied alien children in the area served by the local educational agency are immediately enrolled in school following placement with a sponsor2 and 7#b7 remove barriers to enrollment and full participation in educational programs and services offered by the local educational agency for unaccompanied alien children 7including barriers related to documentation1 age1 and language71 which shall include reviewing and revising policies that may have a negative effect on such children4 ,v ,ensuring orderly and humane management of children and families seeking protection ,a ,providing a fair and efficient legal process for children and vulnerable families seeking asylum #eaa4 ,court appearance compliance and legal orientation 7a7 ,access to legal orientation programs ,to ensure court appearance compliance 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall establish procedures1 consistent with the procedures established pursuant to section #dab1 to ensure that legal orientation programs are available for all aliens detained by the ,department of ,homeland ,security4 7#b7 ,program elements ,programs under paragraph 7#a7 shall inform aliens described in such paragraph regarding-- 7,a7 the basic procedures of immigration hearings2 7,b7 their rights and obligations relating to such hearings under ,federal immigration laws to ensure appearance at all immigration proceedings2 7,c7 their rights under ,federal immigration laws1 including available legal protections and the procedure for requesting such protection2 7,d7 the consequences of filing frivolous legal claims and of failing to appear for proceedings2 and 7,e7 any other subject that the ,attorney ,general considers appropriate1 such as a contact list of potential legal resources and providers4 7#c7 ,eligibility ,an alien shall be given access to legal orientation programs under this subsection regardless of the alien's current immigration status1 prior immigration history1 or potential for immigration relief4 7b7 ,pilot project for nondetained aliens in removal proceedings 7#a7 ,in general ,the ,attorney ,general shall develop and administer a #b-year pilot program at not fewer than #b immigration courts to provide nondetained aliens with pending asylum claims access to legal information4 7#b7 ,report ,at the conclusion of the pilot program under this subsection1 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 counsel4 7c7 ,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 section4 #eab4 ,fair day in court for kids 7a7 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7#a7 ,appointment of counsel in certain cases2 right ,to review certain documents in removal proceedings ,section #bdj7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 1 at no expense to the ,government12 and 7,,ii7 by striking the comma at the end and inserting a semicolon2 7ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,d7 and 7,e71 respectively2 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 the ,attorney ,general may appoint or provide counsel to aliens in immigration proceedings2 7,c7 at the beginning of the proceedings or as expeditiously as possible1 the alien shall automatically receive a complete copy of the alien's ,alien ,file 7commonly known as an ,a-file7 and ,form ,i-#hfb 7commonly known as a ,notice to ,appear7 in the possession of the ,department of ,homeland ,security 7other than documents protected from disclosure by privilege1 including national security information referred to in subparagraph 7,d71 law enforcement sensitive information1 and information prohibited from disclosure pursuant to any other provision of law7 unless the alien waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands fluently2 2 and 7iv7 in subparagraph 7,d71 as redesignated1 by striking 1 and and inserting 2 and2 and 7,b7 by adding at the end the following3 7#h7 ,failure to provide alien required documents ,in the absence of a waiver under paragraph 7#d77;,c71 a removal proceeding may not proceed until the alien-- 7,a7 has received the documents as required under such paragraph2 and 7,b7 has been provided meaningful time to review and assess such documents4 4 7#b7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7,a7 by striking ,in any and inserting the following3 7a7 ,in general ,in any 2 7,b7 in subsection 7a71 as redesignated-- 7i7 by striking 7at no expense to the ,government72 and 7ii7 by striking he shall and inserting the person shall2 and 7,c7 by adding at the end the following3 7b7 ,appointment of counsel 7#a7 ,in general ,the ,attorney ,general may appoint or provide counsel to aliens in any proceeding conducted under section #bce7;b71 #bcf1 #bch1 #bdj1 or #bda or any other section of this ,act4 7#b7 ,access to counsel ,the ,secretary of ,homeland ,security shall facilitate access to counsel for-- 7,a7 aliens in any proceeding conducted under section #bce7;b71 #bcf1 #bch1 #bdj1 or #bda2 and 7,b7 any individual detained inside an immigration detention facility or a border facility4 4 7#c7 ,appointment of counsel for unaccompanied alien children and vulnerable aliens 7,a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 as amended by paragraph 7#b71 is further amended by adding at the end the following3 7c7 ,unaccompanied alien children and vulnerable aliens ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint counsel1 at the expense of the ,government if necessary1 at the beginning of the proceedings or as expeditiously as possible1 to represent in such proceedings any alien who has been determined by the ,secretary of ,homeland ,security or the ,attorney ,general to be-- 7#a7 an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g7772 7#b7 a particularly vulnerable individual1 such as-- 7,a7 a person with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 or 7,b7 a victim of abuse1 torture1 or violence2 or 7#c7 an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,executive ,office for ,immigration ,review of the ,department of ,justice such sums as may be necessary to carry out this section4 4 7,b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subparagraph 7,a71 in accordance with the requirements set forth in section #cjjf;,a of title #ah1 ,united ,states ,code4 7b7 ,case management pilot program ,to increase court appearance rates 7#a7 ,contract authority ,the ,secretary of ,homeland ,security shall establish a pilot program1 which shall include the services set forth in section #dac7;a77#b71 to increase the court appearance rates of aliens described in paragraphs 7#b7 and 7#c7 of section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#c77;,a71 by contracting with nongovernmental1 community-based organizations to provide appropriate case management services to such aliens4 7#b7 ,scope of services ,case management services provided under paragraph 7#a7 shall include assisting aliens with-- 7,a7 accessing legal counsel2 7,b7 complying with court-imposed deadlines and other legal obligations2 and 7,c7 accessing social services1 as appropriate4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,department of ,homeland ,security such sums as may be necessary to carry out this subsection4 7c7 ,report on access to counsel 7#a7 ,report ,not later than ,december #ca of each year1 the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 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 #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#c77;,a71 have been provided access to counsel4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include1 for the immediately preceding #a-year period-- 7,a7 the number and percentage of aliens described in paragraphs 7#a71 7#b71 and 7#c71 respectively1 of section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#c77;,a71 who were represented by counsel1 including information specifying-- 7i7 the stage of the legal process at which the alien was represented2 and 7ii7 whether the alien was in government custody2 and 7,b7 the number and percentage of aliens who received legal orientation presentations4 ,b ,reducing significant delays in immigration court #eba4 ,eliminate immigration court backlogs 7a7 ,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-- 7#a7 #ee judges during fiscal year #bjag2 7#b7 an additional #ee judges during fiscal year #bjah2 and 7#c7 an additional #ee judges during fiscal year #bjai4 7b7 ,necessary support staff for immigration judges ,to address the shortage of support staff for immigration judges1 the ,attorney ,general shall ensure that each immigration judge has sufficient support staff1 adequate technological and security resources1 and appropriate courtroom facilities4 7c7 ,annual increases in ,board of ,immigration ,appeals personnel ,the ,attorney ,general shall increase the number of ,board of ,immigration ,appeals staff attorneys 7including necessary additional support staff7 to efficiently process cases by at least-- 7#a7 #bc attorneys during fiscal year #bjag2 7#b7 an additional #bc attorneys during fiscal year #bjah2 and 7#c7 an additional #bc attorneys during fiscal year #bjai4 7d7 ,,gao report ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study of the hurdles to efficient hiring of immigration court judges within the ,department of ,justice2 and 7#b7 propose solutions to ,congress for improving the efficiency of the hiring process4 #ebb4 ,improved training for immigration judges and members of the ,board of ,immigration ,appeals 7a7 ,in general ,to ensure efficient and fair proceedings1 the ,director of the ,executive ,office for ,immigration ,review shall facilitate robust training programs for immigration judges and members of the ,board of ,immigration ,appeals4 7b7 ,mandatory training ,training facilitated under subsection 7a7 shall include-- 7#a7 expanding the training program for new immigration judges and ,board members2 7#b7 continuing education regarding current developments in immigration law through regularly available training resources and an annual conference2 and 7#c7 methods to ensure that immigration judges are trained on properly crafting and dictating decisions and standards of review1 including improved on-bench reference materials and decision templates4 #ebc4 ,new technology to improve court efficiency ,the ,director of the ,executive ,office for ,immigration ,review will modernize its case management and related electronic systems1 including allowing for electronic filing1 to improve efficiency in the processing of immigration proceedings4 ,c ,reducing the likelihood of remigration #eca4 ,establishing reintegration and monitoring services for repatriating children 7a7 ,consultation with ,,unhcr ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,health and ,human ,services and the ,secretary of ,state1 shall consult with the ,united ,nations ,high ,commissioner for ,refugees 7referred to in this section as the ,,unhcr7 to develop a child-centered repatriation process for unaccompanied children being returned to their country of origin4 7b7 ,collaboration with regional governments and nongovernmental organizations ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development1 in coordination with the ,secretary of ,homeland ,security1 shall collaborate with regional governments and international and domestic nongovernmental organizations to reduce children's need to remigrate by-- 7#a7 establishing and expanding comprehensive reintegration services for repatriated unaccompanied children once returned to their communities of origin2 7#b7 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 children2 and 7#c7 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 harm4