II 

113TH CONGRESS 

2D SESSION S. 2743 

Making supplemental appropriations for the fiscal year ending September 

30, 2014, for border security, law enforcement, humanitarian assistance, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2014 

Mr. CORNYN (for himself, Mr. GRASSLEY, Mr. MCCONNELL, Mr. FLAKE, Mr. 

COATS, Mr. ISAKSON, Mr. ALEXANDER, Mr. CHAMBLISS, Mr. BARRASSO, 

and Mr. COCHRAN) introduced the following bill; which was read twice 

and referred to the Committee on Appropriations 

A BILL 

Making supplemental appropriations for the fiscal year ending September 30, 2014, for border security, law enforcement, humanitarian assistance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2014, and for other pur6 poses, namely: 


jbell on DSK4SPTVN1PROD with BILLS
2 

•S 2743 IS

1 DIVISION A—SUPPLEMENTAL 

2 APPROPRIATIONS 

3 TITLE I 

4 DEPARTMENTS OF COMMERCE, JUSTICE, 

5 SCIENCE, AND RELATED AGENCIES 

6 DEPARTMENT OF JUSTICE

7 GENERAL ADMINISTRATION

8 ADMINISTRATIVE REVIEW AND APPEALS

9 For an additional amount for ‘‘Administrative Review 

10 and Appeals’’, $63,200,000, to remain available until Sep11 tember 30, 2015, as follows: 

12 (1) $54,000,000 for the Executive Office for 

13 Immigration Review to hire 54 Immigration Judge 

14 Teams, which shall be trained and assigned to adju15 dicate juvenile cases. 

16 (2) $6,700,000 for the Executive Office for Im17 migration Review for the purchase of video tele18 conferencing equipment, digital audio recording de19 vices, and other technology that will enable expanded 

20 immigration courtroom capacity and capability. 

21 (3) $2,500,000 for the Executive Office for Im22 migration Review’s Legal Orientation Program, of 

23 which not less than $1,000,000 shall be for the 

24 Legal Orientation Program for Custodians: 


jbell on DSK4SPTVN1PROD with BILLS
3 

•S 2743 IS

1 Provided, That not later than 15 days after the date 

2 of enactment of this Act, the Executive Office for 

3 Immigration Review shall submit a reorganization 

4 plan to the Committee on Appropriations of the Sen5 ate and the Committee on Appropriations of the 

6 House of Representatives that includes detailed 

7 plans for prioritizing the adjudication of non-de8 tained, unaccompanied alien children and specific 

9 plans to reassign Immigration Judge Teams to expe10 dite the adjudication of juveniles on the non-de11 tained docket: 

12 Provided further, That the submitted plan shall en13 sure that juveniles will appear before an immigration 

14 judge for an initial hearing not later than 10 days 

15 after the juvenile is apprehended. 

16 LEGAL ACTIVITIES

17 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

18 For an additional amount for ‘‘Salaries and Ex19 penses, General Legal Activities’’, $1,100,000, for nec20 essary expenses to respond to the significant rise in unac21 companied children and adults with children at the south22 west border and related activities, to remain available until 

23 September 30, 2014. 


jbell on DSK4SPTVN1PROD with BILLS
4 

•S 2743 IS

1 TITLE II 

2 DEPARTMENT OF HOMELAND SECURITY 

3 U.S. CUSTOMS AND BORDER PROTECTION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’ to cover necessary expenses to respond to the sig7 nificant rise in unaccompanied alien children and adults 

8 with children at the Southwest border and related activi9 ties, including the acquisition, construction, improvement, 

10 repair, and management of facilities, and for necessary ex11 penses related to border security, $71,000,000, to remain 

12 available until September 30, 2015. 

13 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’ to cover necessary expenses to respond to the sig17 nificant rise in unaccompanied alien children and adults 

18 with children at the Southwest border and related activi19 ties, and for the necessary expenses for enforcement of 

20 immigration and customs law, detention and removals of 

21 adults with children crossing the border unlawfully, and 

22 investigations, $398,000,000, to remain available until 

23 September 30, 2015, of which, $50,000,000 shall be ex24 pended for 50 additional fugitive operations teams and not 

25 less than $14,000,000 shall be expended for vetted units 


jbell on DSK4SPTVN1PROD with BILLS
5 

•S 2743 IS

1 operations in Central America and human smuggling and 

2 trafficking investigations: Provided, That the Secretary of 

3 Homeland Security shall support no fewer than an addi4 tional 3,000 family and 800 other beds and substantially 

5 increase the availability and utilization of detention space 

6 for adults with children. 

7 GENERAL PROVISIONS

8 SEC. 201. (a) For an additional amount for meeting 

9 the data collection and reporting requirements of this Act, 

10 $5,000,000. 

11 (b) Notwithstanding section 503 of Division F of the 

12 Consolidated Appropriations Act, 2014 (Public Law 113– 

13 76), funds made available under subsection (a) for data 

14 collection and reporting requirements may be transferred 

15 by the Secretary of Homeland Security between appropria16 tions for the same purpose. 

17 (c) The Secretary may not make a transfer described 

18 in subsection (b) until 15 days after notifying the Com19 mittee on Appropriations of the Senate and the Committee 

20 on Appropriations of the House of Representatives of such 

21 transfer. 


jbell on DSK4SPTVN1PROD with BILLS
6 

•S 2743 IS

1 TITLE III 

2 DEPARTMENTS OF LABOR, HEALTH AND 

3 HUMAN SERVICES, AND EDUCATION, AND 

4 RELATED AGENCIES 

5 DEPARTMENT OF HEALTH AND HUMAN SERVICES

6 ADMINISTRATION FOR CHILDREN AND FAMILIES

7 REFUGEE AND ENTRANT ASSISTANCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Refugee and Entrant 

10 Assistance’’, $150,000,000, to be merged with and avail11 able for the same period and purposes as funds appro12 priated in Public Law 113–76 ‘‘for carrying out such sec13 tions 414, 501, 462, and 235’’: Provided, That funds ap14 propriated under this heading may also be used for other 

15 medical response expenses of the Department of Health 

16 and Human Services in assisting individuals identified 

17 under subsection (b) of such section 235: Provided further, 

18 That, the Secretary may, in this fiscal year and hereafter, 

19 accept and use money, funds, property, and services of any 

20 kind made available by gift, devise, bequest, grant, or 

21 other donation for carrying out such sections: Provided 

22 further, That funds appropriated under this heading for 

23 medical response expenses may be transferred to and 

24 merged with the ‘‘Public Health and Social Services Emer25 gency Fund’’: Provided further, That transfer authority 


jbell on DSK4SPTVN1PROD with BILLS
7 

•S 2743 IS

1 under this heading is subject to the regular notification 

2 procedures of the Committee on Appropriations of the 

3 Senate and the Committee on Appropriations of the House 

4 of Representatives. 

5 GENERAL PROVISIONS

6 (RESCISSION)

7 SEC. 301. Of the funds made available for perform8 ance bonus payments under section 2105(a)(3)(E) of the 

9 Social Security Act (42 U.S.C. 1397ee(a)(3)(E)), 

10 $1,700,000,000 is rescinded. 

11 TITLE IV 

12 GENERAL PROVISIONS—THIS TITLE 

13 REPATRIATION AND REINTEGRATION

14 SEC. 401. (a) Of the funds appropriated in titles III 

15 and IV of division K of Public Law 113–76, and in prior 

16 Acts making appropriations for the Department of State, 

17 foreign operations, and related programs, for assistance 

18 for the countries in Central America, up to $40,000,000 

19 shall be made available for such countries for repatriation 

20 and reintegration activities: Provided, That funds made 

21 available pursuant to this section may be obligated not22 withstanding subsections (c) and (e) of section 7045 of 

23 division K of Public Law 113–76. 

24 (b) Prior to the initial obligation of funds made avail25 able pursuant to this section, but not later than 15 days 


jbell on DSK4SPTVN1PROD with BILLS
8 

•S 2743 IS

1 after the date of enactment of this Act, and every 90 days 

2 thereafter until September 30, 2015, the Secretary of 

3 State, in consultation with the Administrator of the 

4 United States Agency for International Development, shall 

5 submit to the appropriate congressional committees a re6 port on the obligation of funds made available pursuant 

7 to this section by country and the steps taken by the gov8 ernment of each country to— 

9 (1) improve border security; 

10 (2) enforce laws and policies to stem the flow 

11 of illegal entries into the United States; 

12 (3) enact laws and implement new policies to 

13 stem the flow of illegal entries into the United 

14 States, including increasing penalties for human 

15 smuggling; 

16 (4) conduct public outreach campaigns to ex17 plain the dangers of the journey to the Southwest 

18 Border of the United States and to emphasize the 

19 lack of immigration benefits available; and 

20 (5) cooperate with United States Federal agen21 cies to facilitate and expedite the return, repatri22 ation, and reintegration of illegal migrants arriving 

23 at the Southwest Border of the United States. 

24 (c) The Secretary of State shall suspend assistance 

25 provided pursuant to this section to the government of a 


jbell on DSK4SPTVN1PROD with BILLS
9 

•S 2743 IS

1 country if such government is not making significant 

2 progress on each item described in paragraphs (1) through 

3 (5) of subsection (b): Provided, That assistance may only 

4 be resumed if the Secretary reports to the appropriate 

5 congressional committees that subsequent to the suspen6 sion of assistance such government is making significant 

7 progress on each of the items enumerated in such sub8 section. 

9 (d) Funds made available pursuant to this section 

10 shall be subject to the regular notification procedures of 

11 the Committee on Appropriations of the Senate and the 

12 Committee on Appropriations of House of Representatives 

13 and the Senate. 

14 TITLE V 

15 GENERAL PROVISIONS—THIS ACT

16 SEC. 501. Not later than 30 days after the date of 

17 the enactment of this Act, the Attorney General, working 

18 in coordination with the Secretary of Homeland Security 

19 and the Secretary of Health and Human Services, shall 

20 institute a process for collecting, exchanging, and sharing 

21 specific data pertaining to individuals whose cases will be 

22 adjudicated by the Executive Office for Immigration Re23 view that ensures that— 

24 (1) the Department of Justice is capable of 

25 electronically receiving information from the DepartVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
10 

•S 2743 IS

1 ment of Homeland Security and the Department of 

2 Health and Human Services related to the appre3 hension, processing, detention, placement, and adju4 dication of such individuals, including unaccom5 panied alien children; 

6 (2) case files prepared by the Department of 

7 Homeland Security after an individual has been 

8 issued a notice to appear are electronically inte9 grated with information collected by the Department 

10 of Justice’s Executive Office for Immigration Review 

11 during the adjudication process; 

12 (3) cases are coded to reflect immigration sta13 tus and appropriate categories at apprehension, such 

14 as unaccompanied alien children and family units; 

15 (4) information pertaining to cases and dockets 

16 are collected and maintained by the Department of 

17 Justice in an electronic, searchable database that in18 cludes— 

19 (A) the status of the individual appearing 

20 before the court upon apprehension; 

21 (B) the docket upon which the case is 

22 placed; 

23 (C) the individual’s presence for court pro24 ceedings; 

25 (D) the final disposition of each case; 


jbell on DSK4SPTVN1PROD with BILLS
11 

•S 2743 IS

1 (E) the number of days each case re2 mained on the docket before final disposition; 

3 and 

4 (F) any other information the Attorney 

5 General determines to be necessary and appro6 priate; and 

7 (5) the final disposition of an adjudication or 

8 an order of removal is electronically submitted to— 

9 (A) the Department of Homeland Security; 

10 and 

11 (B) the Department of Health and Human 

12 Services, if appropriate. 

13 SEC. 502. Not later than 30 days after the date of 

14 enactment of this Act, the Secretary of Homeland Secu15 rity, working in coordination with the Attorney General 

16 and the Secretary of Health and Human Services, shall 

17 institute a process for collecting, exchanging, and sharing 

18 specific data pertaining to individuals who are appre19 hended or encountered for immigration enforcement pur20 poses by the Department of Homeland Security that en21 sures that— 

22 (1) case files prepared by the Department of 

23 Homeland Security after an individual has been 

24 issued a notice to appear are electronically trans25 mitted to— 


jbell on DSK4SPTVN1PROD with BILLS
12 

•S 2743 IS

1 (A) the Department of Justice’s Executive 

2 Office for Immigration Review for integration 

3 with case files prepared during the adjudication 

4 process; and 

5 (B) to the Department of Health and 

6 Human Services, as appropriate, if the files re7 late to unaccompanied alien children; 

8 (2) the Department of Homeland Security is 

9 capable of electronically receiving information per10 taining to the disposition of an adjudication, includ11 ing removal orders and the individual’s failure to ap12 pear for proceedings, from the Department of Jus13 tice’s Executive Office for Immigration Review; and 

14 (3) information is collected and shared with the 

15 Department of Justice regarding the immigration 

16 status and appropriate categories of such individuals 

17 at the time of apprehension, such as— 

18 (A) unaccompanied alien children or family 

19 units; 

20 (B) the location of their apprehension; 

21 (C) the number of days they remain in the 

22 custody of the Department of Homeland Secu23 rity; 

24 (D) the reason for releasing the individual 

25 from custody; 


jbell on DSK4SPTVN1PROD with BILLS
13 

•S 2743 IS

1 (E) the geographic location of their resi2 dence, if released from custody; 

3 (F) any action taken by the Department of 

4 Homeland Security after receiving information 

5 from the Department of Justice regarding an 

6 individual’s failure to appear before the court; 

7 (G) any action taken by the Department of 

8 Homeland Security after receiving information 

9 from the Department of Justice regarding the 

10 disposition of an adjudication; and 

11 (H) any other information that the Sec12 retary of Homeland Security determines to be 

13 necessary and appropriate. 

14 SEC. 503. Not later than 30 days after the date of 

15 the enactment of this Act, the Secretary of Health and 

16 Human Services, working in coordination with the Attor17 ney General and the Secretary of Homeland Security, shall 

18 institute a process for collecting, exchanging, and sharing 

19 specific data pertaining to unaccompanied alien children 

20 that ensures that— 

21 (1) the Department of Health and Human 

22 Services is capable of electronically receiving infor23 mation from the Department of Homeland Security 

24 and the Department of Justice related to the appreVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
14 

•S 2743 IS

1 hension, processing, placement, and adjudication of 

2 unaccompanied alien children; 

3 (2) the Department of Health and Human 

4 Services shares information with the Department of 

5 Homeland Security regarding its capacity and capa6 bility to meet the 72-hour mandate required under 

7 section 235(b)(3) of the William Wilberforce Traf8 ficking Victims Protection Reauthorization Act of 

9 2008 (8 U.S.C. 1232(b)(3)); and 

10 (3) information is collected and shared with the 

11 Department of Justice and the Department of 

12 Homeland Security regarding— 

13 (A) the number of days a child remained 

14 in the custody of the Department of Health and 

15 Human Services; 

16 (B) whether the child was placed in a facil17 ity operated by the Department of Defense; 

18 (C) for children placed with a sponsor— 

19 (i) the number of children placed with 

20 the sponsor; 

21 (ii) the relationship of the sponsor 

22 taking custody of the child; 

23 (iii) the type of background check 

24 conducted on the potential sponsor; and 


jbell on DSK4SPTVN1PROD with BILLS
15 

•S 2743 IS

1 (iv) the geographic location of the 

2 sponsor; and 

3 (D) any other information the Attorney 

4 General or the Secretary of Homeland Security 

5 determines to be necessary and appropriate. 

6 SEC. 504. The budgetary effects of this Act, for the 

7 purpose of complying with the Statutory Pay-As-You-Go 

8 Act of 2010, shall be determined by reference to the latest 

9 statement titled ‘‘Budgetary Effects of PAYGO Legisla10 tion’’ for this Act, submitted for printing in the Congres11 sional Record by the Chairman of the Senate Budget Com12 mittee, provided that such statement has been submitted 

13 prior to the vote on passage. 

14 SEC. 505. This Act may be cited as the ‘‘Protecting 

15 Children and America’s Homeland Act of 2014’’. 


jbell on DSK4SPTVN1PROD with BILLS
16 

•S 2743 IS

1 DIVISION B—UNACCOMPANIED 

2 ALIEN CHILDREN AND BOR3 DER SECURITY 

4 TITLE X—UNACCOMPANIED 

5 ALIEN CHILDREN 

6 Subtitle A—Protection and Due 

7 Process for Unaccompanied 

8 Alien Children 

9 SEC. 1001. REPATRIATION OF UNACCOMPANIED ALIEN 

10 CHILDREN. 

11 Section 235(a) of the William Wilberforce Trafficking 

12 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

13 1232(a)) is amended— 

14 (1) in paragraph (2)— 

15 (A) by amending the paragraph heading to 

16 read as follows: ‘‘RULES FOR UNACCOMPANIED

17 ALIEN CHILDREN.—’’; 

18 (B) in subparagraph (A), in the matter 

19 preceding clause (i), by striking ‘‘who is a na20 tional or habitual resident of a country that is 

21 contiguous with the United States’’; and 

22 (C) in subparagraph (C)— 

23 (i) by amending the subparagraph 

24 heading to read as follows: ‘‘AGREEMENTS

25 WITH FOREIGN COUNTRIES.—’’; and 


jbell on DSK4SPTVN1PROD with BILLS
17 

•S 2743 IS

1 (ii) in the matter preceding clause (i), 

2 by striking ‘‘countries contiguous to the 

3 United States’’ and inserting ‘‘Canada, El 

4 Salvador, Guatemala, Honduras, Mexico, 

5 and any other foreign country that the 

6 Secretary determines appropriate’’; 

7 (2) by redesignating paragraphs (3), (4), and 

8 (5) as paragraphs (4), (5), and (6), respectively; 

9 (3) inserting after paragraph (2) the following: 

10 ‘‘(3) MANDATORY EXPEDITED REMOVAL OF

11 CRIMINALS AND GANG MEMBERS.—Notwithstanding 

12 any other provision of law, the Secretary of Home13 land Security shall place an unaccompanied alien 

14 child in a proceeding in accordance with section 235 

15 of the Immigration and Nationality Act (8 U.S.C. 

16 1225a) if, the Secretary determines or has reason to 

17 believe the alien— 

18 ‘‘(A) has been convicted of any offense car19 rying a maximum term of imprisonment of 

20 more than 180 days; 

21 ‘‘(B) has been convicted of an offense 

22 which involved— 

23 ‘‘(i) domestic violence (as defined in 

24 section 40002(a) of the Violence Against 


jbell on DSK4SPTVN1PROD with BILLS
18 

•S 2743 IS

1 Women Act of 1994 (42 U.S.C. 

2 13925(a))); 

3 ‘‘(ii) child abuse and neglect (as de4 fined in section 40002(a) of the Violence 

5 Against Women Act of 1994 (42 U.S.C. 

6 13925(a))); 

7 ‘‘(iii) assault resulting in bodily injury 

8 (as defined in section 2266 of title 18, 

9 United States Code); 

10 ‘‘(iv) the violation of a protection 

11 order (as defined in section 2266 of title 

12 18, United States Code); 

13 ‘‘(v) driving while intoxicated (as de14 fined in section 164 of title 23, United 

15 States Code); or 

16 ‘‘(vi) any offense under foreign law, 

17 except for a purely political offense, which, 

18 if the offense had been committed in the 

19 United States, would render the alien inad20 missible under section 212(a) of the Immi21 gration and Nationality Act (8 U.S.C. 

22 1182(a)); 

23 ‘‘(C) has been convicted of more than 1 

24 criminal offense (other than minor traffic of25 fenses); 


jbell on DSK4SPTVN1PROD with BILLS
19 

•S 2743 IS

1 ‘‘(D) has engaged in, is engaged in, or is 

2 likely to engage after entry in any terrorist ac3 tivity (as defined in section 212(a)(3)(B)(iii) of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1182(a)(3)(B)(iii))), or intends to participate or 

6 has participated in the activities of a foreign 

7 terrorist organization (as designated under sec8 tion 219 of the Immigration and Nationality 

9 Act (8 U.S.C. 1189)); 

10 ‘‘(E) is or was a member of a criminal 

11 gang (as defined in paragraph (53) of section 

12 101(a) of the Immigration and Nationality Act 

13 (8 U.S.C. 1101(a))); 

14 ‘‘(F) provided materially false, fictitious, or 

15 fraudulent information regarding age or iden16 tity to the United States Government with the 

17 intent to wrongfully be classified as an unac18 companied alien child; or 

19 ‘‘(G) has entered the United States more 

20 than 1 time in violation of section 275(a) of the 

21 Immigration and Nationality Act (8 U.S.C. 

22 1325(a)), knowing that the entry was unlaw23 ful.’’; and 

24 (4) in subparagraph (D) of paragraph (6), as 

25 redesignated by paragraph (2)— 


jbell on DSK4SPTVN1PROD with BILLS
20 

•S 2743 IS

1 (A) by amending the subparagraph head2 ing to read as follows: ‘‘EXPEDITED DUE PROC3 ESS AND SCREENING FOR UNACCOMPANIED

4 ALIEN CHILDREN.—’’; 

5 (B) in the matter preceding clause (i), by 

6 striking ‘‘, except for an unaccompanied alien 

7 child from a contiguous country subject to the 

8 exceptions under subsection (a)(2), shall be—’’ 

9 and inserting ‘‘who meets the criteria listed in 

10 paragraph (2)(A)—’’; 

11 (C) by striking clause (i) and inserting the 

12 following: 

13 ‘‘(i) shall be placed in a proceeding in 

14 accordance with section 235B of the Immi15 gration and Nationality Act, which shall 

16 commence not later than 7 days after the 

17 screening of an unaccompanied alien child 

18 described in paragraph (4);’’; 

19 (D) by redesignating clauses (ii) and (iii) 

20 as clauses (iii) and (iv), respectively; 

21 (E) by inserting after clause (i) the fol22 lowing: 

23 ‘‘(ii) may not be placed in the custody 

24 of a nongovernmental sponsor or otherwise 

25 released from the immediate custody of the 


jbell on DSK4SPTVN1PROD with BILLS
21 

•S 2743 IS

1 United States Government until the child 

2 is repatriated unless the child— 

3 ‘‘(I) is the subject of an order 

4 under section 235B(e)(1) of the Im5 migration and Nationality Act; and 

6 ‘‘(II) is placed or released in ac7 cordance with subsection (c)(2)(C) of 

8 this section.’’; 

9 (F) in clause (iii), as redesignated, by in10 serting ‘‘is’’ before ‘‘eligible’’; and 

11 (G) in clause (iv), as redesignated, by in12 serting ‘‘shall be’’ before ‘‘provided’’. 

13 SEC. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR 

14 UNACCOMPANIED ALIEN CHILDREN. 

15 (a) HUMANE AND EXPEDITED INSPECTION AND

16 SCREENING FOR UNACCOMPANIED ALIEN CHILDREN.— 

17 (1) IN GENERAL.—Chapter 4 of title II of the 

18 Immigration and Nationality Act (8 U.S.C. 1221 et 

19 seq.) is amended by inserting after section 235A the 

20 following: 


jbell on DSK4SPTVN1PROD with BILLS
22 

•S 2743 IS

1 ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND 

2 SCREENING FOR UNACCOMPANIED ALIEN 

3 CHILDREN. 

4 ‘‘(a) ASYLUM OFFICER DEFINED.—In this section, 

5 the term ‘asylum officer’ means an immigration officer 

6 who— 

7 ‘‘(1) has had professional training in country 

8 conditions, asylum law, and interview techniques 

9 comparable to that provided to full-time adjudicators 

10 of applications under section 208; and 

11 ‘‘(2) is supervised by an officer who— 

12 ‘‘(A) meets the condition described in 

13 paragraph (1); and 

14 ‘‘(B) has had substantial experience adju15 dicating asylum applications. 

16 ‘‘(b) PROCEEDING.— 

17 ‘‘(1) IN GENERAL.—Not later than 7 days after 

18 the screening of an unaccompanied alien child under 

19 section 235(a)(5) of the William Wilberforce Traf20 ficking Victims Protection Reauthorization Act of 

21 2008 (8 U.S.C. 1232(a)(5)), an immigration judge 

22 shall conduct and conclude a proceeding to inspect, 

23 screen, and determine the status of the unaccom24 panied alien child who is an applicant for admission 

25 to the United States. 


jbell on DSK4SPTVN1PROD with BILLS
23 

•S 2743 IS

1 ‘‘(2) TIME LIMIT.—Not later than 72 hours 

2 after the conclusion of a proceeding with respect to 

3 an unaccompanied alien child under this section, the 

4 immigration judge who conducted such proceeding 

5 shall issue an order pursuant to subsection (e). 

6 ‘‘(c) CONDUCT OF PROCEEDING.— 

7 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.— 

8 The immigration judge conducting a proceeding 

9 under this section— 

10 ‘‘(A) shall administer oaths, receive evi11 dence, and interrogate, examine, and cross-ex12 amine the unaccompanied alien child and any 

13 witnesses; 

14 ‘‘(B) may issue subpoenas for the attend15 ance of witnesses and presentation of evidence; 

16 ‘‘(C) is authorized to sanction by civil 

17 money penalty any action (or inaction) in con18 tempt of the judge’s proper exercise of author19 ity under this Act; and 

20 ‘‘(D) shall determine whether the unac21 companied alien child meets any of the criteria 

22 set out in subparagraphs (A) through (G) of 

23 paragraph (3) of section 235(a) of the William 

24 Wilberforce Trafficking Victims Protection Re25 authorization Act of 2008 (8 U.S.C. 1232(a)), 


jbell on DSK4SPTVN1PROD with BILLS
24 

•S 2743 IS

1 and if so, order the alien removed under sub2 section (e)(2) of this section. 

3 ‘‘(2) FORM OF PROCEEDING.—A proceeding 

4 under this section may take place— 

5 ‘‘(A) in person; 

6 ‘‘(B) at a location agreed to by the parties, 

7 in the absence of the unaccompanied alien child; 

8 ‘‘(C) through video conference; or 

9 ‘‘(D) through telephone conference. 

10 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti11 cable by reason of the mental incompetency of the 

12 unaccompanied alien child for the alien to be present 

13 at the proceeding, the Attorney General shall pre14 scribe safeguards to protect the rights and privileges 

15 of the alien. 

16 ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding 

17 under this section— 

18 ‘‘(A) the unaccompanied alien child shall 

19 be given the privilege of being represented, at 

20 no expense to the Government, by counsel of 

21 the alien’s choosing who is authorized to prac22 tice in the proceedings; 

23 ‘‘(B) the alien shall be given a reasonable 

24 opportunity— 


jbell on DSK4SPTVN1PROD with BILLS
25 

•S 2743 IS

1 ‘‘(i) to examine the evidence against 

2 the alien; 

3 ‘‘(ii) to present evidence on the alien’s 

4 own behalf; and 

5 ‘‘(iii) to cross-examine witnesses pre6 sented by the Government; 

7 ‘‘(C) the rights set forth in subparagraph 

8 (B) shall not entitle the alien— 

9 ‘‘(i) to examine such national security 

10 information as the Government may prof11 fer in opposition to the alien’s admission to 

12 the United States; or 

13 ‘‘(ii) to an application by the alien for 

14 discretionary relief under this Act; and 

15 ‘‘(D) a complete record shall be kept of all 

16 testimony and evidence produced at the pro17 ceeding. 

18 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD19 MISSION.—An unaccompanied alien child applying 

20 for admission to the United States may, and at any 

21 time prior to the issuance of a final order of re22 moval, be permitted to withdraw the application and 

23 immediately be returned to the alien’s country of na24 tionality or country of last habitual residence. 


jbell on DSK4SPTVN1PROD with BILLS
26 

•S 2743 IS

1 ‘‘(6) CONSEQUENCES OF FAILURE TO AP2 PEAR.—An unaccompanied alien child who does not 

3 attend a proceeding under this section, shall be or4 dered removed, except under exceptional cir5 cumstances where the alien’s absence is the fault of 

6 the Government, a medical emergency, or an act of 

7 nature. 

8 ‘‘(d) DECISION AND BURDEN OF PROOF.— 

9 ‘‘(1) DECISION.— 

10 ‘‘(A) IN GENERAL.—At the conclusion of a 

11 proceeding under this section, the immigration 

12 judge shall determine whether an unaccom13 panied alien child is likely to be— 

14 ‘‘(i) admissible to the United States; 

15 or 

16 ‘‘(ii) eligible for any form of relief 

17 from removal under this Act. 

18 ‘‘(B) EVIDENCE.—The determination of 

19 the immigration judge under subparagraph (A) 

20 shall be based only on the evidence produced at 

21 the hearing. 

22 ‘‘(2) BURDEN OF PROOF.— 

23 ‘‘(A) IN GENERAL.—In a proceeding under 

24 this section, an unaccompanied alien child who 

25 is an applicant for admission has the burden of 


jbell on DSK4SPTVN1PROD with BILLS
27 

•S 2743 IS

1 establishing, by a preponderance of the evi2 dence, that the alien— 

3 ‘‘(i) is likely to be entitled to be law4 fully admitted to the United States or eli5 gible for any form of relief from removal 

6 under this Act; or 

7 ‘‘(ii) is lawfully present in the United 

8 States pursuant to a prior admission. 

9 ‘‘(B) ACCESS TO DOCUMENTS.—In meeting 

10 the burden of proof under subparagraph (A)(ii), 

11 the alien shall be given access to— 

12 ‘‘(i) the alien’s visa or other entry 

13 document, if any; and 

14 ‘‘(ii) any other records and docu15 ments, not considered by the Attorney 

16 General to be confidential, pertaining to 

17 the alien’s admission or presence in the 

18 United States. 

19 ‘‘(e) ORDERS.— 

20 ‘‘(1) PLACEMENT IN FURTHER PRO21 CEEDINGS.—If an immigration judge determines 

22 that the unaccompanied alien child has met the bur23 den of proof under subsection (d)(2), the immigra24 tion judge shall— 


jbell on DSK4SPTVN1PROD with BILLS
28 

•S 2743 IS

1 ‘‘(A) order the alien to be placed in further 

2 proceedings in accordance with section 240; and 

3 ‘‘(B) order the Secretary of Homeland Se4 curity to place the alien on the U.S. Immigra5 tion and Customs Enforcement detained docket 

6 for purposes of carrying out such proceedings. 

7 ‘‘(2) ORDERS OF REMOVAL.—If an immigration 

8 judge determines that the unaccompanied alien child 

9 has not met the burden of proof required under sub10 section (d)(2), the judge shall order the alien re11 moved from the United States without further hear12 ing or review unless the alien claims— 

13 ‘‘(A) an intention to apply for asylum 

14 under section 208; or 

15 ‘‘(B) a fear of persecution. 

16 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom17 panied alien child described in paragraph (2) claims 

18 an intention to apply for asylum under section 208 

19 or a fear of persecution, the immigration judge shall 

20 order the alien referred for an interview by an asy21 lum officer under subsection (f). 

22 ‘‘(f) ASYLUM INTERVIEWS.— 

23 ‘‘(1) CREDIBLE FEAR OF PERSECUTION DE24 FINED.—In this subsection, the term ‘credible fear 

25 of persecution’ means, after taking into account the 


jbell on DSK4SPTVN1PROD with BILLS
29 

•S 2743 IS

1 credibility of the statements made by an unaccom2 panied alien child in support of the alien’s claim and 

3 such other facts as are known to the asylum officer, 

4 there is a significant possibility that the alien could 

5 establish eligibility for asylum under section 208. 

6 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy7 lum officer shall conduct the interviews of an unac8 companied alien child referred under subsection 

9 (e)(3). 

10 ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 

11 asylum officer determines at the time of the inter12 view that an unaccompanied alien child has a cred13 ible fear of persecution, the alien shall be held in the 

14 custody of the Secretary of Health and Human 

15 Services pursuant to section 235(b) of the William 

16 Wilberforce Trafficking Victims Protection Reau17 thorization Act of 2008 (8 U.S.C. 1232(b)) during 

18 further consideration of the application for asylum. 

19 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

20 NO CREDIBLE FEAR OF PERSECUTION.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (C), if the asylum officer determines that 

23 an unaccompanied alien child does not have a 

24 credible fear of persecution, the asylum officer 


jbell on DSK4SPTVN1PROD with BILLS
30 

•S 2743 IS

1 shall order the alien removed from the United 

2 States without further hearing or review. 

3 ‘‘(B) RECORD OF DETERMINATION.—The 

4 asylum officer shall prepare a written record of 

5 a determination under subparagraph (A), which 

6 shall include— 

7 ‘‘(i) a summary of the material facts 

8 as stated by the alien; 

9 ‘‘(ii) such additional facts (if any) re10 lied upon by the asylum officer; 

11 ‘‘(iii) the asylum officer’s analysis of 

12 why, in light of such facts, the alien has 

13 not established a credible fear of persecu14 tion; and 

15 ‘‘(iv) a copy of the asylum officer’s 

16 interview notes. 

17 ‘‘(C) REVIEW OF DETERMINATION.— 

18 ‘‘(i) RULEMAKING.—The Attorney 

19 General shall establish, by regulation, a 

20 process by which an immigration judge will 

21 conduct a prompt review, upon the alien’s 

22 request, of a determination under subpara23 graph (A) that the alien does not have a 

24 credible fear of persecution. 


jbell on DSK4SPTVN1PROD with BILLS
31 

•S 2743 IS

1 ‘‘(ii) MANDATORY COMPONENTS.— 

2 The review described in clause (i)— 

3 ‘‘(I) shall include an opportunity 

4 for the alien to be heard and ques5 tioned by the immigration judge, ei6 ther in person or by telephonic or 

7 video connection; and 

8 ‘‘(II) shall be concluded as expe9 ditiously as possible, to the maximum 

10 extent practicable within 24 hours, 

11 but in no case later than 7 days after 

12 the date of the determination under 

13 subparagraph (A). 

14 ‘‘(D) MANDATORY PROTECTIVE CUS15 TODY.—Any alien subject to the procedures 

16 under this paragraph shall be held in the cus17 tody of the Secretary of Health and Human 

18 Services pursuant to section 235(b) of the Wil19 liam Wilberforce Trafficking Victims Protection 

20 Reauthorization Act of 2008 (8 U.S.C. 

21 1232(b))— 

22 ‘‘(i) pending a final determination of 

23 an application for asylum under this sub24 section; and 


jbell on DSK4SPTVN1PROD with BILLS
32 

•S 2743 IS

1 ‘‘(ii) after a determination under this 

2 subsection that the alien does not have a 

3 credible fear of persecution, until the alien 

4 is removed. 

5 ‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— 

6 ‘‘(1) IN GENERAL.—Except as provided in sub7 section (f)(4)(C) and paragraph (2), a removal order 

8 entered in accordance with subsection (e)(2) or 

9 (f)(4)(A) is not subject to administrative appeal. 

10 ‘‘(2) RULEMAKING.—The Attorney General 

11 shall establish, by regulation, a process for the 

12 prompt review of an order under subsection (e)(2) 

13 against an alien who claims under oath, or as per14 mitted under penalty of perjury under section 1746 

15 of title 28, United States Code, after having been 

16 warned of the penal ties for falsely making such 

17 claim under such conditions to have been— 

18 ‘‘(A) lawfully admitted for permanent resi19 dence; 

20 ‘‘(B) admitted as a refugee under section 

21 207; or 

22 ‘‘(C) granted asylum under section 208. 

23 ‘‘(h) LAST IN, FIRST OUT.—In any proceedings, de24 terminations, or removals under this section, priority shall 


jbell on DSK4SPTVN1PROD with BILLS
33 

•S 2743 IS

1 be accorded to the alien who has most recently arrived 

2 in the United States.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in the first section of the Immigration and Na5 tionality Act is amended by inserting after the item 

6 relating to section 235A the following: 

‘‘Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children.’’. 

7 (b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 

8 Section 242 of the Immigration and Nationality Act (8 

9 U.S.C. 1252) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘section 

12 235(b)(1))’’ and inserting ‘‘section 235(b)(1) or 

13 an order of removal issued to an unaccom14 panied alien child after proceedings under sec15 tion 235B’’; and 

16 (B) in paragraph (2)— 

17 (i) by inserting ‘‘or section 235B’’ 

18 after ‘‘section 235(b)(1)’’ each place it ap19 pears; and 

20 (ii) in subparagraph (A)— 

21 (I) in the subparagraph heading, 

22 by inserting ‘‘OR 235B’’ after ‘‘SEC23 TION 235(b)(1)’’; and 


jbell on DSK4SPTVN1PROD with BILLS
34 

•S 2743 IS

1 (II) in clause (iii), by striking 

2 ‘‘section 235(b)(1)(B),’’ and inserting 

3 ‘‘section 235(b)(1)(B) or 235B(f);’’; 

4 and 

5 (2) in subsection (e)— 

6 (A) in the subsection heading, by inserting 

7 ‘‘OR 235B’’ after ‘‘SECTION 235(b)(1)’’; 

8 (B) by inserting ‘‘or section 235B’’ after 

9 ‘‘section 235(b)(1)’’ each place it appears; 

10 (C) in subparagraph (2)(C), by inserting 

11 ‘‘or section 235B(g)’’ after ‘‘section 

12 235(b)(1)(C)’’; and 

13 (D) in subparagraph (3)(A), by inserting 

14 ‘‘or section 235B’’ after ‘‘section 235(b)’’. 

15 SEC. 1003. EXPEDITED DUE PROCESS FOR UNACCOM16 PANIED ALIEN CHILDREN PRESENT IN THE 

17 UNITED STATES. 

18 (a) SPECIAL MOTIONS FOR UNACCOMPANIED ALIEN

19 CHILDREN.— 

20 (1) FILING AUTHORIZED.—During the 60-day 

21 period beginning on the date of the enactment of 

22 this Act, the Secretary of Homeland Security shall, 

23 notwithstanding any other provision of law, permit 

24 an unaccompanied alien child who was issued a no25 tice to appear under section 239 of the Immigration 


jbell on DSK4SPTVN1PROD with BILLS
35 

•S 2743 IS

1 and Nationality Act (8 U.S.C. 1229) during the pe2 riod beginning on January 1, 2013, and ending on 

3 the date of the enactment of this Act— 

4 (A) to appear, in-person, before an immi5 gration judge who has been authorized by the 

6 Attorney General to conduct proceedings under 

7 section 235B of the Immigration and Nation8 ality Act, as added by section 1002; 

9 (B) to attest that the unaccompanied alien 

10 child desires to apply for admission to the 

11 United States; and 

12 (C) to file a motion— 

13 (i) to replace any notice to appear 

14 issued between January 1, 2013, and the 

15 date of the enactment of this Act under 

16 such section 239 that has not resulted in 

17 a final order of removal; and 

18 (ii) to apply for admission to the 

19 United States by being placed in pro20 ceedings under such section 235B. 

21 (2) ADJUDICATION OF MOTION.—An immigra22 tion judge may, at the sole and unreviewable discre23 tion of the judge, grant a motion filed under para24 graph (1)(C) upon a finding that— 


jbell on DSK4SPTVN1PROD with BILLS
36 

•S 2743 IS

1 (A) the petitioner was an unaccompanied 

2 alien child (as defined in section 235 of the Wil3 liam Wilberforce Trafficking Victims Protection 

4 Reauthorization Act of 2008 (8 U.S.C. 1232)) 

5 on the date on which a notice to appear was 

6 issued to the alien under section 239 of the Im7 migration and Nationality Act (8 U.S.C. 1229); 

8 (B) the notice to appear was issued during 

9 the period beginning on January 1, 2013, and 

10 ending on the date of the enactment of this Act; 

11 (C) the unaccompanied alien child is apply12 ing for admission to the United States; and 

13 (D) the granting of such motion would not 

14 be manifestly unjust. 

15 (3) EFFECT OF MOTION.—Notwithstanding any 

16 other provision of law, upon the granting of a mo17 tion to replace a notice to appear under paragraph 

18 (2), the immigration judge who granted such motion 

19 shall— 

20 (A) while the petitioner remains in-person, 

21 immediately inspect and screen the petitioner 

22 for admission to the United States by con23 ducting a proceeding under section 235B of the 

24 Immigration and Nationality Act, as added by 

25 section 1002; 


jbell on DSK4SPTVN1PROD with BILLS
37 

•S 2743 IS

1 (B) immediately notify the petitioner of the 

2 petitioner’s ability, under section 235B(c)(5) of 

3 the Immigration and Nationality Act to with4 draw the petitioner’s application for admission 

5 to the United States and immediately be re6 turned to the petitioner’s country of nationality 

7 or country of last habitual residence; and 

8 (C) replace the petitioner’s notice to ap9 pear with an order under section 235B(e) of 

10 the Immigration and Nationality Act. 

11 (4) PROTECTIVE CUSTODY.—An unaccompanied 

12 alien child who has been granted a motion under 

13 paragraph (2) shall be held in the custody of the 

14 Secretary of Health and Human Services pursuant 

15 to section 235 of the William Wilberforce Traf16 ficking Victims Protection Reauthorization Act of 

17 2008 (8 U.S.C. 1232). 

18 SEC. 1004. CHILD WELFARE AND LAW ENFORCEMENT IN19 FORMATION SHARING. 

20 Section 235(b) of the William Wilberforce Trafficking 

21 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

22 1232(b)) is amended by adding at the end the following: 

23 ‘‘(5) INFORMATION SHARING.— 

24 ‘‘(A) IMMIGRATION STATUS.—If the Sec25 retary of Health and Human Services considers 


jbell on DSK4SPTVN1PROD with BILLS
38 

•S 2743 IS

1 placement of an unaccompanied alien child with 

2 a potential sponsor, the Secretary of Homeland 

3 Security shall provide to the Secretary of 

4 Health and Human Services the immigration 

5 status of such potential sponsor prior to the 

6 placement of the unaccompanied alien child. 

7 ‘‘(B) OTHER INFORMATION.—The Sec8 retary of Health and Human Services shall pro9 vide to the Secretary of Homeland Security and 

10 the Attorney General any relevant information 

11 related to an unaccompanied alien child who is 

12 or has been in the custody of the Secretary of 

13 Health and Human Services, including the loca14 tion of the child and any person to whom cus15 tody of the child has been transferred, for any 

16 legitimate law enforcement objective, including 

17 enforcement of the immigration laws.’’. 

18 SEC. 1005. ACCOUNTABILITY FOR CHILDREN AND TAX19 PAYERS. 

20 Section 235(b) of the William Wilberforce Trafficking 

21 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

22 1232(b)), as amended by section 1004, is further amended 

23 by inserting at the end the following: 

24 ‘‘(6) INSPECTION OF FACILITIES.—The Inspec25 tor General of the Department of Health and 


jbell on DSK4SPTVN1PROD with BILLS
39 

•S 2743 IS

1 Human Services shall conduct regular inspections of 

2 facilities utilized by the Secretary of Health and 

3 Human Services to provide care and custody of an 

4 unaccompanied alien children who are in the imme5 diate custody of the Secretary to ensure that such 

6 facilities are operated in the most efficient manner 

7 practicable. 

8 ‘‘(7) FACILITY OPERATIONS COSTS.—The Sec9 retary of Health and Human Services shall ensure 

10 that facilities utilized to provide care and custody of 

11 unaccompanied alien children are operated efficiently 

12 and at a rate of cost that is not greater than $500 

13 per day for each child housed or detained at such fa14 cility, unless the Secretary certifies that compliance 

15 with this requirement is temporarily impossible due 

16 to emergency circumstances.’’. 

17 SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHIL18 DREN IN FORMAL REMOVAL PROCEEDING. 

19 Section 235(c) of the William Wilberforce Trafficking 

20 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

21 1232(c)) is amended— 

22 (1) in paragraph (2) by inserting at the end the 

23 following: 

24 ‘‘(C) CHILDREN IN FORMAL REMOVAL

25 PROCEEDINGS.— 


jbell on DSK4SPTVN1PROD with BILLS
40 

•S 2743 IS

1 ‘‘(i) LIMITATION ON PLACEMENT.— 

2 An unaccompanied alien child who has 

3 been placed in a proceeding under section 

4 240 of the Immigration and Nationality 

5 Act (8 U.S.C. 1229a) may not be placed in 

6 the custody of a nongovernmental sponsor 

7 or otherwise released from the immediate 

8 custody of the United States Government 

9 unless— 

10 ‘‘(I) the nongovernmental spon11 sor is a biological or adoptive parent 

12 of the unaccompanied alien child; 

13 ‘‘(II) the parent is legally present 

14 in the United States at the time of 

15 the placement; 

16 ‘‘(III) the parent has undergone 

17 a mandatory biometric criminal his18 tory check; and 

19 ‘‘(IV) the Secretary of Health 

20 and Human Services has determined 

21 that the unaccompanied alien child is 

22 not a danger to self, danger to the 

23 community, or risk of flight. 

24 ‘‘(ii) EXCEPTIONS.—If the Secretary 

25 of Health and Human Services determines 


jbell on DSK4SPTVN1PROD with BILLS
41 

•S 2743 IS

1 that an unaccompanied alien child is a vic2 tim of severe forms of trafficking in per3 sons (as defined in section 103 of the 

4 Trafficking Victims Protection Act of 2000 

5 (22 U.S.C. 7102)), a special needs child 

6 with a disability (as defined in section 3 of 

7 the Americans with Disabilities Act of 

8 1990 (42 U.S.C. 12102)), a child who has 

9 been a victim of physical or sexual abuse 

10 under circumstances that indicate that the 

11 child’s health or welfare has been signifi12 cantly harmed or threatened, or a child 

13 with mental health needs that require on14 going assistance from a social welfare 

15 agency, the unaccompanied alien child may 

16 be placed with a grandparent or adult sib17 ling if the grandparent or adult sibling 

18 meets the requirements set out in sub19 clauses (II), (III), and (IV) of clause (i). 

20 ‘‘(iii) MONITORING.— 

21 ‘‘(I) IN GENERAL.—An unaccom22 panied alien child who is 15, 16, or 17 

23 years of age placed with a nongovern24 mental sponsor or, in the case of an 

25 unaccompanied alien child younger 


jbell on DSK4SPTVN1PROD with BILLS
42 

•S 2743 IS

1 than 15 years of age placed with a 

2 nongovernmental sponsor, such non3 governmental sponsor shall— 

4 ‘‘(aa) enroll in the alter5 native to detention program of 

6 U.S. Immigration and Customs 

7 Enforcement; and 

8 ‘‘(bb) continuously wear an 

9 electronic ankle monitor while the 

10 unaccompanied alien child is in 

11 removal proceedings. 

12 ‘‘(II) PENALTY FOR MONITOR

13 TAMPERING.—If an electronic ankle 

14 monitor required by subclause (I) is 

15 tampered with, the sponsor of the un16 accompanied alien child shall be sub17 ject to a civil penalty of $150 for each 

18 day the monitor is not functioning due 

19 to the tampering, up to a maximum of 

20 $3,000. 

21 ‘‘(iv) EFFECT OF VIOLATION OF CON22 DITIONS.—The Secretary of Health and 

23 Human Services shall remove an unaccom24 panied alien child from a sponsor if the 

25 sponsor violates the terms of the agreeVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
43 

•S 2743 IS

1 ment specifying the conditions under which 

2 the alien was placed with the sponsor. 

3 ‘‘(v) FAILURE TO APPEAR.— 

4 ‘‘(I) CIVIL PENALTY.—If an un5 accompanied alien child is placed with 

6 a sponsor and fails to appear in a 

7 mandatory court appearance, the 

8 sponsor shall be subject to a civil pen9 alty of $250 for each day until the 

10 alien appears in court, up to a max11 imum of $5,000. 

12 ‘‘(II) BURDEN OF PROOF.—The 

13 sponsor is not subject to the penalty 

14 imposed under subclause (I) if the 

15 sponsor— 

16 ‘‘(aa) appears in person and 

17 proves to the immigration court 

18 that the failure to appear by the 

19 unaccompanied alien child was 

20 not the fault of the sponsor; and 

21 ‘‘(bb) supplies the immigra22 tion court with documentary evi23 dence that supports the assertion 

24 described in item (aa). 


jbell on DSK4SPTVN1PROD with BILLS
44 

•S 2743 IS

1 ‘‘(vi) PROHIBITION ON PLACEMENT

2 WITH SEX OFFENDERS AND HUMAN TRAF3 FICKERS.—The Secretary of Health and 

4 Human Services may not place an unac5 companied alien child under this subpara6 graph in the custody of an individual who 

7 has been convicted of, or the Secretary has 

8 reason to believe was otherwise involved in 

9 the commission of— 

10 ‘‘(I) a sex offense (as defined in 

11 section 111 of the Sex Offender Reg12 istration and Notification Act (42 

13 U.S.C. 16911)); or 

14 ‘‘(II) a crime involving severe 

15 forms of trafficking in persons (as de16 fined in section 103 of the Trafficking 

17 Victims Protection Act of 2000 (22 

18 U.S.C. 7102)). 

19 ‘‘(vii) REQUIREMENTS OF CRIMINAL

20 BACKGROUND CHECK.—A biometric crimi21 nal history check required by clause (i)(IV) 

22 shall be conducted using a set of finger23 prints or other biometric identifier 

24 through— 


jbell on DSK4SPTVN1PROD with BILLS
45 

•S 2743 IS

1 ‘‘(I) the Federal Bureau of Inves2 tigation; 

3 ‘‘(II) criminal history repositories 

4 of all States that the individual lists 

5 as current or former residences; and 

6 ‘‘(III) any other State or Federal 

7 database or repository that the Sec8 retary of Health and Human Services 

9 determines is appropriate.’’. 

10 SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF 

11 CUSTODY OF UNACCOMPANIED ALIEN CHIL12 DREN. 

13 (a) IN GENERAL.—Chapter 47 of title 18, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 1041. Fraud in connection with the transfer of cus17 tody of unaccompanied alien children 

18 ‘‘(a) IN GENERAL.—It shall be unlawful for a person 

19 to obtain custody of an unaccompanied alien child (as de20 fined in section 462(g) of the Homeland Security Act of 

21 2002 (6 U.S.C. 279(g))) by— 

22 ‘‘(1) making any materially false, fictitious, or 

23 fraudulent statement or representation; or 


jbell on DSK4SPTVN1PROD with BILLS
46 

•S 2743 IS

1 ‘‘(2) making or using any false writing or docu2 ment knowing the same to contain any materially 

3 false, fictitious, or fraudulent statement or entry. 

4 ‘‘(b) PENALTIES.— 

5 ‘‘(1) IN GENERAL.—Any person who violates, or 

6 attempts or conspires to violate, this section shall be 

7 fined under this title and imprisoned for not less 

8 than 1 year. 

9 ‘‘(2) ENHANCED PENALTY FOR TRAF10 FICKING.—If the primary purpose of the violation, 

11 attempted violation, or conspiracy to violate this sec12 tion was to subject the child to sexually explicit ac13 tivity or any other form of exploitation, the offender 

14 shall be fined under this title and imprisoned for not 

15 less than 15 years.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 47 of title 18, United States Code, is amended 

18 by inserting after the item relating to section 1040 the 

19 following: 

‘‘1041. Fraud in connection with the transfer of custody of unaccompanied alien 

children.’’. 

20 SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND 

21 MONITORING. 

22 (a) NOTIFICATION.—Section 235 of the William Wil23 berforce Trafficking Victims Protection Reauthorization 


jbell on DSK4SPTVN1PROD with BILLS
47 

•S 2743 IS

1 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

2 the end the following: 

3 ‘‘(j) NOTIFICATION TO STATES.— 

4 ‘‘(1) PRIOR TO PLACEMENT.—The Secretary of 

5 Homeland Security or the Secretary of Health and 

6 Human Services shall notify the Governor of a State 

7 not later than 48 hours prior to the placement of an 

8 unaccompanied alien child from in custody of such 

9 Secretary in the care of a facility or sponsor in such 

10 State. 

11 ‘‘(2) INITIAL REPORTS.—Not later than 60 

12 days after the date of the enactment of this Act, the 

13 Secretary of Health and Human Services shall sub14 mit a report to the Governor of each State in which 

15 an unaccompanied alien child was discharged to a 

16 sponsor or placed in a facility while remaining in the 

17 legal custody of the Secretary during the period be18 ginning October 1, 2013 and ending on the date of 

19 the enactment of the Protecting Children and Amer20 ica’s Homeland Act of 2014. 

21 ‘‘(3) MONTHLY REPORTS.—The Secretary of 

22 Health and Human Services shall submit a monthly 

23 report to the Governor of each State in which, dur24 ing the reporting period, unaccompanied alien chil25 dren were discharged to a sponsor or placed in a faVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
48 

•S 2743 IS

1 cility while remaining in the legal custody of the 

2 Secretary of Health and Human Services. 

3 ‘‘(4) CONTENTS.—Each report required to be 

4 submitted to the Governor of a State by paragraph 

5 (2) or (3) shall identify the number of unaccom6 panied alien children placed in the State during the 

7 reporting period, disaggregated by— 

8 ‘‘(A) the locality in which the aliens were 

9 placed; and 

10 ‘‘(B) the age of the aliens.’’. 

11 (b) MONITORING REQUIREMENT.—The Secretary of 

12 Health and Human Services shall— 

13 (1) require all sponsors to agree— 

14 (A) to receive approval from the Secretary 

15 of Health and Human Services prior to chang16 ing the location in which the sponsor is housing 

17 an unaccompanied alien child placed in the 

18 sponsor’s custody; and 

19 (B) to provide a current address for the 

20 child and the reason for the change of address; 

21 (2) provide regular and frequent monitoring of 

22 the physical and emotional well-being of each unac23 companied alien child who has been discharged to a 

24 sponsor or remained in the legal custody of the SecVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
49 

•S 2743 IS

1 retary until the child’s immigration case is resolved; 

2 and 

3 (3) not later than 60 days after the date of the 

4 enactment of this Act, provide to Congress a plan 

5 for implementing the requirement of paragraph (2). 

6 SEC. 1009. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

7 (a) DESIGNATION.—Not later than 14 days after the 

8 date of the enactment of this Act, the Attorney General 

9 shall designate up to 100 immigration judges, including 

10 through the temporary or permanent hiring of retired im11 migration judges, magistrate judges, or administrative law 

12 judges, or the reassignment of current immigration 

13 judges, that are dedicated to— 

14 (1) conducting humane and expedited inspec15 tion and screening for unaccompanied alien children 

16 under section 235B of the Immigration and Nation17 ality Act, as added by section 1002; or 

18 (2) reducing existing backlogs in immigration 

19 court proceedings initiated under section 239 of the 

20 Immigration and Nationality Act (8 U.S.C. 1229). 

21 (b) REQUIREMENT.—The Attorney General shall en22 sure that sufficient immigration judge resources are dedi23 cated to the purpose described in subsection (a)(1) to com24 ply with the requirement under section 235B(b)(1) of the 


jbell on DSK4SPTVN1PROD with BILLS
50 

•S 2743 IS

1 Immigration and Nationality Act, as added by section 

2 1002. 

3 SEC. 1010. REPORTS TO CONGRESS. 

4 (a) REPORTS ON CARE OF UNACCOMPANIED ALIEN

5 CHILD.—Not later than December 31, 2014, and Sep6 tember 30, 2015, the Secretary of Health and Human 

7 Services shall submit to Congress and make publically 

8 available a report that includes— 

9 (1) a detailed summary of the contracts in ef10 fect to care for and house unaccompanied alien chil11 dren, including the names and locations of contrac12 tors and the facilities being used; 

13 (2) the cost per day to care for and house an 

14 unaccompanied alien child, including an explanation 

15 of such cost; 

16 (3) the number of unaccompanied alien children 

17 who have been released to a sponsor, if any; 

18 (4) a list of the States to which unaccompanied 

19 alien children have been released from the custody of 

20 the Secretary of Health and Human Services to the 

21 care of a sponsor or placement in a facility; 

22 (5) the number of unaccompanied alien children 

23 who have been released to a sponsor who is not law24 fully present in the United States, including the 


jbell on DSK4SPTVN1PROD with BILLS
51 

•S 2743 IS

1 country of nationality or last habitual residence and 

2 age of such children; 

3 (6) a determination of whether more than 1 un4 accompanied alien child has been released to the 

5 same sponsor, including the number of children who 

6 were released to such sponsor; 

7 (7) an assessment of the extent to which the 

8 Secretary of Health and Human Services is moni9 toring the release of unaccompanied alien children, 

10 including home studies done and ankle bracelets or 

11 other devices used; 

12 (8) an assessment of the extent to which the 

13 Secretary of Health and Human Services is making 

14 efforts— 

15 (A) to educate unaccompanied alien chil16 dren about their legal rights; and 

17 (B) to provide unaccompanied alien chil18 dren with access to pro bono counsel; and 

19 (9) the extent of the public health issues of un20 accompanied alien children, including contagious dis21 eases, the benefits or medical services provided, and 

22 the outreach to States and localities about public 

23 health issues, that could affect the public. 

24 (b) REPORTS ON REPATRIATION AGREEMENTS.— 

25 Not later than February 31, 2015, and August 31, 2015, 


jbell on DSK4SPTVN1PROD with BILLS
52 

•S 2743 IS

1 the Secretary of State shall submit to Congress and make 

2 publically available a report that— 

3 (1) describes— 

4 (A) any repatriation agreement for unac5 companied alien children in effect and a copy of 

6 such agreement; and 

7 (B) any such repatriation agreement that 

8 is being considered or negotiated; and 

9 (2) describes the funding provided to the 20 

10 countries that have the highest number of nationals 

11 entering the United States as unaccompanied alien 

12 children, including amounts provided— 

13 (A) to deter the nationals of each country 

14 from illegally entering the United States; and 

15 (B) to care for or reintegrate repatriated 

16 unaccompanied alien children in the country of 

17 nationality or last habitual residence. 

18 (c) REPORTS ON RETURNS TO COUNTRY OF NATION19 ALITY.—Not later than December 31, 2014, and Sep20 tember 30, 2015, the Secretary of Homeland Security 

21 shall submit to Congress and make publically available a 

22 report that describes— 

23 (1) the number of unaccompanied alien children 

24 who have voluntarily returned to their country of na25 tionality or habitual residence, disaggregated by— 


jbell on DSK4SPTVN1PROD with BILLS
53 

•S 2743 IS

1 (A) country of nationality or habitual resi2 dence; and 

3 (B) age of the unaccompanied alien chil4 dren; 

5 (2) the number of unaccompanied alien children 

6 who have been returned to their country of nation7 ality or habitual residence, including assessment of 

8 the length of time such children were present in the 

9 United States; 

10 (3) the number of unaccompanied alien children 

11 who have not been returned to their country of na12 tionality or habitual residence pending travel docu13 ments or other requirements from such country, in14 cluding how long they have been waiting to return; 

15 and 

16 (4) the number of unaccompanied alien children 

17 who were granted relief in the United States, wheth18 er through asylum or any other immigration benefit. 

19 (d) REPORTS ON IMMIGRATION PROCEEDINGS.—Not 

20 later than September 30, 2015, and once every 3 months 

21 thereafter, the Director of the Executive Office for Immi22 gration Review shall submit to Congress and make pub23 lically available a report that describes— 

24 (1) the number of unaccompanied alien children 

25 who, after proceedings under section 235B of the 


jbell on DSK4SPTVN1PROD with BILLS
54 

•S 2743 IS

1 Immigration and Nationality Act, as added by sec2 tion 1002, were returned to their country of nation3 ality or habitual residence, disaggregated by— 

4 (A) country of nationality or residence; and 

5 (B) age and gender of such aliens; 

6 (2) the number of unaccompanied alien children 

7 who, after proceedings under such section 235B, 

8 prove a claim of admissibility and are place in pro9 ceedings under section 240 of the Immigration and 

10 Nationality Act (8 U.S.C. 1229a); 

11 (3) the number of unaccompanied alien children 

12 who fail to appear at a removal hearing that such 

13 alien was required to attend; 

14 (4) the number of sponsors who were levied a 

15 penalty, including the amount and whether the pen16 alty was collected, for the failure of an unaccom17 panied alien child to appear at a removal hearing; 

18 and 

19 (5) the number of aliens that are classified as 

20 unaccompanied alien children, the ages and coun21 tries of nationality of such children, and the orders 

22 issued by the immigration judge at the conclusion of 

23 proceedings under such section 235B for such chil24 dren. 


jbell on DSK4SPTVN1PROD with BILLS
55 

•S 2743 IS

1 Subtitle B—Cooperation With 

2 Countries of Nationality of Un3 accompanied Alien Children 

4 SEC. 1021. IN-COUNTRY REFUGEE PROCESSING. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Consistent with section 101(a)(42)(B) of 

8 the Immigration and Nationality Act (8 U.S.C. 

9 1101(a)(42)(B)) and section 207(e) of such Act (8 

10 U.S.C. 1157(e)), special circumstances currently 

11 exist due to grave humanitarian concerns throughout 

12 the travel, and attempts to travel, to the United 

13 States by unaccompanied children sufficient to jus14 tify and require, for fiscal years 2014 and 2015, the 

15 allowance of processing of in-country refugee appli16 cations in El Salvador, Guatemala, and Honduras in 

17 order to prevent such children from undertaking the 

18 long and dangerous journey across Central America 

19 and Mexico. 

20 (2) Grave humanitarian concerns exist due to— 

21 (A) at least 60,000 unaccompanied chil22 dren having undertaken the long and dangerous 

23 journey to the United States from Central 

24 America in fiscal year 2014 alone; 


jbell on DSK4SPTVN1PROD with BILLS
56 

•S 2743 IS

1 (B) substantial reports of unaccompanied 

2 children becoming, during the course of their 

3 journey intended for the United States, victims 

4 of— 

5 (i) significant injury, including loss of 

6 limbs; 

7 (ii) severe forms of violence; 

8 (iii) death due to accident and inten9 tional killing; 

10 (iv) severe forms of human traf11 ficking; 

12 (v) kidnap for ransom; and 

13 (vi) sexual assault and rape; and 

14 (C) the likelihood that the vast majority of 

15 the unaccompanied children seeking admission 

16 or immigration relief, including through appli17 cation as a refugee or claims of asylum, do not 

18 qualify for such admission or relief, and there19 fore will be repatriated. 

20 (3) While special circumstances currently exist 

21 to justify in-country refugee application processing 

22 for El Salvador, Guatemala, and Honduras, it is ap23 propriate to determine the admissibility of individ24 uals applying for refugee status from those countries 

25 according to current law and granting administrative 


jbell on DSK4SPTVN1PROD with BILLS
57 

•S 2743 IS

1 relief in instances in which refugee or asylum appli2 cations are denied, or are expected to be denied, 

3 would exacerbate the grave humanitarian concerns 

4 described in paragraph (2) by further encouraging 

5 attempts at migration. 

6 (b) AUTHORITY FOR IN-COUNTRY REFUGEE PROC7 ESSING.—Notwithstanding section 101(a)(42)(B) of the 

8 Immigration and Nationality Act (8 U.S.C. 

9 1101(a)(42)(B)), for fiscal years 2014 and 2015, the Sec10 retary of State, in consultation with the Secretary of 

11 Homeland Security and the Director of the Office of Ref12 ugee Resettlement of the Department of Health and 

13 Human Services, shall process an application for refugee 

14 status— 

15 (1) for an alien who is a national of El Sal16 vador, Guatemala, or Honduras and is located in 

17 such country; or 

18 (2) in the case of an alien having no nation19 ality, for an alien who is habitually residing in such 

20 country and is located in such country. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed as a grant of immigration benefit 

23 or relief, nor as a change to existing law regarding the 

24 eligibility for any individual for such benefit or relief, other 


jbell on DSK4SPTVN1PROD with BILLS
58 

•S 2743 IS

1 than to the extent refugee applications shall be permitted 

2 in-country in accordance with this section. 

3 SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUN4 TRIES. 

5 Notwithstanding any other provision of law, the 

6 President, in determining the number of refugees who may 

7 be admitted under section 207(a) of the Immigration and 

8 Nationality Act (8 U.S.C. 1157(a))— 

9 (1) for fiscal year 2014, may— 

10 (A) allocate the unallocated reserve refugee 

11 number set out in the Presidential Memo12 randum on Refugee Admissions for Fiscal Year 

13 2014 issued on October 2, 2013, to admit refu14 gees from Central America; and 

15 (B) allocate any unused admissions allo16 cated to a particular region for Central Amer17 ican refugee admissions; and 

18 (2) for fiscal year 2015, shall include Central 

19 America among the regional allocations included in 

20 the Presidential determination for refugee admis21 sions that fiscal year. 

22 SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPA23 TRIATION OF UNACCOMPANIED ALIEN CHIL24 DREN. 

25 (a) CERTIFICATION.— 


jbell on DSK4SPTVN1PROD with BILLS
59 

•S 2743 IS

1 (1) IN GENERAL.—Subject to paragraph (2), on 

2 the date that is 60 days after the date of the enact3 ment of this Act, and annually thereafter, the Presi4 dent shall make a certification of whether the Gov5 ernment of El Salvador, Guatemala, or Honduras— 

6 (A) is actively working to reduce the num7 ber of unaccompanied alien children from that 

8 country who are attempting to migrate north9 ward in order to illegally enter the United 

10 States; 

11 (B) is cooperating with the Government of 

12 the United States to facilitate the repatriation 

13 of unaccompanied alien children who are re14 moved from the United States and returned to 

15 their country of nationality or habitual resi16 dence; and 

17 (C) has negotiated or is actively negoti18 ating an agreement under section 235(a)(2)(C) 

19 of the William Wilberforce Trafficking Victims 

20 Protection Reauthorization Act of 2008 (8 

21 U.S.C. 1232(a)(2)(C)), as amended by section 

22 1001. 

23 (2) INTERIM CERTIFICATION.—If prior to the 

24 date an annual certification is required by paragraph 

25 (1) the President determines the most recent such 


jbell on DSK4SPTVN1PROD with BILLS
60 

•S 2743 IS

1 certification for the Government of El Salvador, 

2 Guatemala, or Honduras is no longer accurate, the 

3 President may make an accurate certification for 

4 that country prior to such date. 

5 (b) LIMITATION ON ASSISTANCE.—The Federal Gov6 ernment may not provide any assistance (other than secu7 rity assistance) to El Salvador, Guatemala, or Honduras 

8 unless in the most recent certification for that country 

9 under subsection (a) is that the Government of El Sal10 vador, Guatemala, or Honduras, respectively, meets the 

11 requirements of subparagraphs (A), (B), and (C) of sub12 section (a)(1). 

13 TITLE XI—CRIMINAL ALIENS 

14 SEC. 1101. ALIEN GANG MEMBERS. 

15 (a) DEFINITION.—Section 101(a) of the Immigration 

16 and Nationality Act (8 U.S.C. 1101(a)) is amended by 

17 adding at the end the following: 

18 ‘‘(53)(A) The term ‘criminal gang’ means an 

19 ongoing group, club, organization, or association of 

20 5 or more persons— 

21 ‘‘(i)(I) that has as 1 of its primary pur22 poses the commission of 1 or more of the crimi23 nal offenses described in subparagraph (B); and 

24 ‘‘(II) the members of which engage, or 

25 have engaged within the past 5 years, in a conVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
61 

•S 2743 IS

1 tinuing series of offenses described in subpara2 graph (B); or 

3 ‘‘(ii) that has been designated as a crimi4 nal gang under section 220 by the Secretary of 

5 Homeland Security, in consultation with the At6 torney General, or the Secretary of State. 

7 ‘‘(B) The offenses described in this subpara8 graph, whether in violation of Federal or State law 

9 or foreign law and regardless of whether the offenses 

10 occurred before, on, or after the date of the enact11 ment of the Protecting Children and America’s 

12 Homeland Act of 2014, are the following: 

13 ‘‘(i) A ‘felony drug offense’ (as defined in 

14 section 102 of the Controlled Substances Act 

15 (21 U.S.C. 802)). 

16 ‘‘(ii) An offense under section 274 (relat17 ing to bringing in and harboring certain aliens), 

18 section 277 (relating to aiding or assisting cer19 tain aliens to enter the United States), or sec20 tion 278 (relating to importation of alien for 

21 immoral purpose). 

22 ‘‘(iii) A crime of violence (as defined in 

23 section 16 of title 18, United States Code). 


jbell on DSK4SPTVN1PROD with BILLS
62 

•S 2743 IS

1 ‘‘(iv) A crime involving obstruction of jus2 tice, tampering with or retaliating against a 

3 witness, victim, or informant, or burglary. 

4 ‘‘(v) Any conduct punishable under sec5 tions 1028 and 1029 of title 18, United States 

6 Code (relating to fraud and related activity in 

7 connection with identification documents or ac8 cess devices), sections 1581 through 1594 of 

9 such title (relating to peonage, slavery and traf10 ficking in persons), section 1952 of such title 

11 (relating to interstate and foreign travel or 

12 transportation in aid of racketeering enter13 prises), section 1956 of such title (relating to 

14 the laundering of monetary instruments), sec15 tion 1957 of such title (relating to engaging in 

16 monetary transactions in property derived from 

17 specified unlawful activity), or sections 2312 

18 through 2315 of such title (relating to inter19 state transportation of stolen motor vehicles or 

20 stolen property). 

21 ‘‘(vi) A conspiracy to commit an offense 

22 described in clauses (i) through (v). 

23 ‘‘(C) Notwithstanding any other provision of 

24 law (including any effective date), the term ‘criminal 

25 gang’ applies regardless of whether the conduct ocVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
63 

•S 2743 IS

1 curred before, on, or after the date of the enactment 

2 of this paragraph.’’. 

3 (b) INADMISSIBILITY.—Section 212(a)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

5 amended by adding at the end the following: 

6 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

7 GANGS.—Any alien is inadmissible who a con8 sular officer, the Secretary of Homeland Secu9 rity, or the Attorney General knows or has rea10 son to believe— 

11 ‘‘(i) is or has been a member of a 

12 criminal gang; or 

13 ‘‘(ii) has participated in the activities 

14 of a criminal gang knowing or having rea15 son to know that such activities will pro16 mote, further, aid, or support the illegal 

17 activity of the criminal gang.’’. 

18 (c) DEPORTABILITY.—Section 237(a)(2) of the Im19 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

20 amended by adding at the end the following: 

21 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

22 GANGS.—Any alien is deportable who the Sec23 retary of Homeland Security or the Attorney 

24 General knows or has reason to believe— 


jbell on DSK4SPTVN1PROD with BILLS
64 

•S 2743 IS

1 ‘‘(i) is or has been a member of a 

2 criminal gang; or 

3 ‘‘(ii) has participated in the activities 

4 of a criminal gang knowing or having rea5 son to know that such activities will pro6 mote, further, aid, or support the illegal 

7 activity of the criminal gang.’’. 

8 (d) DESIGNATION.— 

9 (1) IN GENERAL.—Chapter 2 of title II of the 

10 Immigration and Nationality Act (8 U.S.C. 1181 et 

11 seq.) is amended by inserting after section 219 the 

12 following: 

13 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANGS. 

14 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se15 curity, in consultation with the Attorney General, or the 

16 Secretary of State may designate a group or association 

17 as a criminal gang if their conduct is described in section 

18 101(a)(53) or if the group or association conduct poses 

19 a significant risk that threatens the security and the pub20 lic safety of nationals of the United States or the national 

21 security, homeland security, foreign policy, or economy of 

22 the United States. 

23 ‘‘(b) EFFECTIVE DATE.—A designation made under 

24 subsection (a) shall remain in effect until the designation 

25 is revoked after consultation between the Secretary of 


jbell on DSK4SPTVN1PROD with BILLS
65 

•S 2743 IS

1 Homeland Security, the Attorney General, and the Sec2 retary of State or is terminated in accordance with Fed3 eral law.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents in the first section of the Immigration and Na6 tionality Act is amended by inserting after the item 

7 relating to section 219 the following: 

‘‘220. Designation of criminal gangs.’’. 

8 (e) MANDATORY DETENTION OF CRIMINAL GANG

9 MEMBERS.— 

10 (1) IN GENERAL.—Section 236(c)(1)(D) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1226(c)(1)(D)) is amended— 

13 (A) by striking ‘‘section 212(a)(3)(B)’’ and 

14 inserting ‘‘paragraph (2)(J) or (3)(B) of section 

15 212(a)’’; and 

16 (B) by striking ‘‘237(a)(4)(B),’’ and in17 serting ‘‘paragraph (2)(G) or (4)(B) of section 

18 237(a),’’. 

19 (2) ANNUAL REPORT.—Not later than March 1 

20 of each year (beginning 1 year after the date of the 

21 enactment of this Act), the Secretary of Homeland 

22 Security, after consultation with the appropriate 

23 Federal agencies, shall submit a report to the Com24 mittee on the Judiciary of the Senate and the Com25 mittee on the Judiciary of the House of RepresentaVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
66 

•S 2743 IS

1 tives on the number of aliens detained under the 

2 amendments made by paragraph (1). 

3 (f) ASYLUM CLAIMS BASED ON GANG AFFILI4 ATION.— 

5 (1) INAPPLICABILITY OF RESTRICTION ON RE6 MOVAL TO CERTAIN COUNTRIES.—Section 

7 241(b)(3)(B) of the Immigration and Nationality 

8 Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 

9 matter preceding clause (i), by inserting ‘‘who is de10 scribed in section 212(a)(2)(J)(i) or section 

11 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

12 (2) INELIGIBILITY FOR ASYLUM.—Section 

13 208(b)(2)(A) of the Immigration and Nationality 

14 Act (8 U.S.C. 1158(b)(2)(A)) is amended— 

15 (A) in clause (v), by striking ‘‘or’’ at the 

16 end; 

17 (B) by redesignating clause (vi) as clause 

18 (vii); and 

19 (C) by inserting after clause (v) the fol20 lowing: 

21 ‘‘(vi) the alien is described in section 

22 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 

23 (relating to participation in criminal 

24 gangs); or’’. 


jbell on DSK4SPTVN1PROD with BILLS
67 

•S 2743 IS

1 (g) TEMPORARY PROTECTED STATUS.—Section 244 

2 of the Immigration and Nationality Act (8 U.S.C. 1254a) 

3 is amended— 

4 (1) by striking ‘‘Attorney General’’ each place 

5 that term appears and inserting ‘‘Secretary of 

6 Homeland Security’’; 

7 (2) in subparagraph (c)(2)(B)— 

8 (A) in clause (i), by striking ‘‘States, or’’ 

9 and inserting ‘‘States;’’; 

10 (B) in clause (ii), by striking the period 

11 and inserting ‘‘; or’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(iii) the alien is, or at any time after 

14 admission has been, a member of a crimi15 nal gang.’’; and 

16 (3) in subsection (d)— 

17 (A) by striking paragraph (3); and 

18 (B) in paragraph (4), by adding at the end 

19 the following: ‘‘The Secretary of Homeland Se20 curity may detain an alien provided temporary 

21 protected status under this section whenever 

22 appropriate under any other provision of law.’’. 

23 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

24 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

25 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 


jbell on DSK4SPTVN1PROD with BILLS
68 

•S 2743 IS

1 (1) in subclause (I), by striking ‘‘and’’; 

2 (2) in subclause (II), by inserting ‘‘and’’ at the 

3 end; and 

4 (3) by adding at the end the following: 

5 ‘‘(III) no alien who is, or was at 

6 any time after admission has been, a 

7 member of a criminal gang shall be el8 igible for any immigration benefit 

9 under this subparagraph;’’. 

10 (i) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act and shall apply to acts that occur before, on, 

13 or after the date of the enactment of this Act. 

14 SEC. 1102. MANDATORY EXPEDITED REMOVAL OF DAN15 GEROUS CRIMINALS, TERRORISTS, AND GANG 

16 MEMBERS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, an immigration officer who finds an alien de19 scribed in subsection (b) at a land border or port of entry 

20 of the United States and determines that such alien is in21 admissible under the Immigration and Nationality Act (8 

22 U.S.C. 1101 et seq.) shall treat such alien in accordance 

23 with section 235 of the Immigration and Nationality Act 

24 (8 U.S.C. 1225). 


jbell on DSK4SPTVN1PROD with BILLS
69 

•S 2743 IS

1 (b) THREATS TO PUBLIC SAFETY.—An alien de2 scribed in this subsection is an alien who the Secretary 

3 of Homeland Security determines, or has reason to be4 lieve— 

5 (1) has been convicted of any offense carrying 

6 a maximum term of imprisonment of more than 180 

7 days; 

8 (2) has been convicted of an offense which in9 volved— 

10 (A) domestic violence (as defined in section 

11 40002(a) of the Violence Against Women Act of 

12 1994 (42 U.S.C. 13925(a))); 

13 (B) child abuse and neglect (as defined in 

14 section 40002(a) of the Violence Against 

15 Women Act of 1994 (42 U.S.C. 13925(a))); 

16 (C) assault resulting in bodily injury (as 

17 defined in section 2266 of title 18, United 

18 States Code); 

19 (D) the violation of a protection order (as 

20 defined in section 2266 of title 18, United 

21 States Code); 

22 (E) driving while intoxicated (as defined in 

23 section 164 of title 23, United States Code); or 

24 (F) any offense under foreign law, except 

25 for a purely political offense, which, if the ofVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
70 

•S 2743 IS

1 fense had been committed in the United States, 

2 would render the alien inadmissible under sec3 tion 212(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1182(a)); 

5 (3) has been convicted of more than 1 criminal 

6 offense (other than minor traffic offenses); 

7 (4) has engaged in, is engaged in, or is likely 

8 to engage after entry in any terrorist activity (as de9 fined in section 212(a)(3)(B)(iii) of the Immigration 

10 and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))), 

11 or intends to participate or has participated in the 

12 activities of a foreign terrorist organization (as des13 ignated under section 219 of the Immigration and 

14 Nationality Act (8 U.S.C. 1189)); 

15 (5) is or was a member of a criminal street 

16 gang (as defined in paragraph (53) of section 101(a) 

17 of the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)), as added by section 1101(a)); or 

19 (6) has entered the United States more than 1 

20 time in violation of section 275(a) of the Immigra21 tion and Nationality Act (8 U.S.C. 1325(a)), know22 ing that the entry was unlawful. 

23 SEC. 1103. FUGITIVE OPERATIONS. 

24 The Secretary of Homeland Security is authorized to 

25 hire 350 U.S. Immigration and Customs Enforcement deVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
71 

•S 2743 IS

1 tention officers that comprise 50 Fugitive Operations 

2 Teams responsible for identifying, locating, and arresting 

3 fugitive aliens. 

4 SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY 

5 UNITS. 

6 Not later than 1 year after the date of the enactment 

7 of this Act, the Secretary of Homeland Security shall in8 crease the number of detention beds available for aliens 

9 placed in removal proceedings under the Immigration and 

10 Nationality Act (8 U.S.C. 1101 et seq.) by not less than 

11 5,000, including such detention beds available for family 

12 units. 

13 TITLE XII—BORDER SECURITY 

14 SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRA15 TION. 

16 No Federal funds or resources may be used to issue 

17 a new directive, memorandum, or Executive order that 

18 provides for relief from removal or work authorization to 

19 a class of individuals who are not otherwise eligible for 

20 such relief under the Immigration and Nationality Act (8 

21 U.S.C. 1101 et seq.) or such work authorization, including 

22 expanding deferred action for childhood arrivals. 

23 SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL 

24 LANDS. 

25 (a) DEFINITIONS.—In this section: 


jbell on DSK4SPTVN1PROD with BILLS
72 

•S 2743 IS

1 (1) FEDERAL LANDS.—The term ‘‘Federal 

2 lands’’ includes all land under the control of the Sec3 retary concerned that is located within the South4 west border region in the State of Arizona along the 

5 international border between the United States and 

6 Mexico. 

7 (2) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) with respect to land under the jurisdic10 tion of the Secretary of Agriculture, the Sec11 retary of Agriculture; and 

12 (B) with respect to land under the jurisdic13 tion of the Secretary of the Interior, the Sec14 retary of the Interior. 

15 (b) SUPPORT FOR BORDER SECURITY NEEDS.—To 

16 achieve effective control of Federal lands— 

17 (1) the Secretary concerned, notwithstanding 

18 any other provision of law, shall authorize and pro19 vide U.S. Customs and Border Protection personnel 

20 with immediate access to Federal lands for security 

21 activities, including— 

22 (A) routine motorized patrols; and 

23 (B) the deployment of communications, 

24 surveillance, and detection equipment; 


jbell on DSK4SPTVN1PROD with BILLS
73 

•S 2743 IS

1 (2) the security activities described in para2 graph (1) shall be conducted, to the maximum ex3 tent practicable, in a manner that the Secretary de4 termines will best protect the natural and cultural 

5 resources on Federal lands; and 

6 (3) the Secretary concerned may provide edu7 cation and training to U.S. Customs and Border 

8 Protection personnel on the natural and cultural re9 sources present on individual Federal land units. 

10 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT

11 STATEMENT.— 

12 (1) IN GENERAL.—After implementing sub13 section (b), the Secretary, in consultation with the 

14 Secretaries concerned, shall prepare and publish in 

15 the Federal Register a notice of intent to prepare a 

16 programmatic environmental impact statement in 

17 accordance with the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 

19 impacts of the activities described in subsection (b). 

20 (2) EFFECT ON PROCESSING APPLICATION AND

21 SPECIAL USE PERMITS.—The pending completion of 

22 a programmatic environmental impact statement 

23 under this section shall not result in any delay in the 

24 processing or approving of applications or special 


jbell on DSK4SPTVN1PROD with BILLS
74 

•S 2743 IS

1 use permits by the Secretaries concerned for the ac2 tivities described in subsection (b). 

3 (3) AMENDMENT OF LAND USE PLANS.—The 

4 Secretaries concerned shall amend any land use 

5 plans, as appropriate, upon completion of the pro6 grammatic environmental impact statement de7 scribed in paragraph (1). 

8 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL

9 IMPACT STATEMENT.—The programmatic environ10 mental impact statement described in paragraph 

11 (1)— 

12 (A) may be used to advise the Secretary of 

13 Homeland Security on the impact on natural 

14 and cultural resources on Federal lands; and 

15 (B) shall not control, delay, or restrict ac16 tions by the Secretary of Homeland Security to 

17 achieve effective control on Federal lands. 

18 (d) INTERMINGLED STATE AND PRIVATE LAND.— 

19 This section shall not apply to any private or State-owned 

20 land within the boundaries of Federal lands. 

21 SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE 

22 HUMANITARIAN CRISIS. 

23 (a) STATE AND LOCAL ASSISTANCE.—The Adminis24 trator of the Federal Emergency Management Agency 

25 shall enhance law enforcement preparedness, humaniVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
75 

•S 2743 IS

1 tarian responses, and operational readiness along the 

2 international border between the United States and Mex3 ico through Operation Stonegarden. 

4 (b) GRANTS AND REIMBURSEMENTS.— 

5 (1) IN GENERAL.—Amounts made available to 

6 carry out this section shall be allocated for grants 

7 and reimbursements to State and local governments 

8 in Border Patrol Sectors on the along the inter9 national border between the United States and Mex10 ico for— 

11 (A) costs personnel, overtime, and travel; 

12 (B) costs related to combating illegal im13 migration and drug smuggling; and 

14 (C) costs related to providing humani15 tarian relief to unaccompanied alien children 

16 and family units who have entered the United 

17 States. 

18 (2) FUNDING FOR STATE AND LOCAL GOVERN19 MENTS.—Allocations for grants and reimbursements 

20 to State and local governments under this paragraph 

21 shall be made by the Administrator of the Federal 

22 Emergency Management Agency through a competi23 tive process. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for fiscal years 2014 


jbell on DSK4SPTVN1PROD with BILLS
76 

•S 2743 IS

1 and 2015 such sums as may be necessary to carry out 

2 this section. 

3 SEC. 1204. PREVENTING ORGANIZED SMUGGLING. 

4 (a) UNLAWFULLY HINDERING IMMIGRATION, BOR5 DER, OR CUSTOMS CONTROLS.— 

6 (1) AMENDMENT TO TITLE 18, UNITED STATES

7 CODE.— 

8 (A) IN GENERAL.—Chapter 27 of title 18, 

9 United States Code, is amended by adding at 

10 the end the following: 

11 ‘‘§ 556. Unlawfully hindering immigration, border, or 

12 customs controls 

13 ‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 

14 transmits to another person the location, movement, or ac15 tivities of any Federal, State, or tribal law enforcement 

16 agency with the intent to further a Federal crime relating 

17 to United States immigration, customs, importation of 

18 controlled substances, agriculture products, or monetary 

19 instruments, or other border controls shall be fined under 

20 this title, imprisoned not more than 10 years, or both. 

21 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

22 CONTROLS.—Any person who knowingly and without law23 ful authorization destroys, alters, or damages any fence, 

24 barrier, sensor, camera, or other physical or electronic de25 vice deployed by the Federal Government to control the 


jbell on DSK4SPTVN1PROD with BILLS
77 

•S 2743 IS

1 international border of the United States or a port of 

2 entry, or otherwise seeks to construct, excavate, or make 

3 any structure intended to defeat, circumvent or evade any 

4 such fence, barrier, sensor camera, or other physical or 

5 electronic device deployed by the Federal Government to 

6 control the international border of the United States or 

7 a port of entry— 

8 ‘‘(1) shall be fined under this title, imprisoned 

9 not more than 10 years, or both; and 

10 ‘‘(2) if, at the time of the offense, the person 

11 uses or carries a firearm or, in furtherance of any 

12 such crime, possesses a firearm, shall be fined under 

13 this title, imprisoned not more than 20 years, or 

14 both. 

15 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

16 attempts or conspires to violate subsection (a) or (b) shall 

17 be punished in the same manner as a person who com18 pletes a violation of such subsection.’’. 

19 (B) CLERICAL AMENDMENT.—The table of 

20 sections for chapter 27 of title 18, United 

21 States Code, is amended by inserting after the 

22 item relating to section 555 the following: 

‘‘556. Unlawfully hindering immigration, border, or customs controls.’’. 

23 (2) PROHIBITING CARRYING OR USE OF A FIRE24 ARM DURING AND IN RELATION TO AN ALIEN SMUGVerDate Mar 15 2010 01:35 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2743.IS S2743

jbell on DSK4SPTVN1PROD with BILLS
78 

•S 2743 IS

1 GLING CRIME.—Section 924(c) of title 18, United 

2 States Code, is amended— 

3 (A) in paragraph (1)— 

4 (i) in subparagraph (A), by inserting 

5 ‘‘, alien smuggling crime,’’ after ‘‘crime of 

6 violence’’ each place such term appears; 

7 and 

8 (ii) in subparagraph (D)(ii), by insert9 ing ‘‘, alien smuggling crime,’’ after ‘‘crime 

10 of violence’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(6) For purposes of this subsection, the term 

13 ‘alien smuggling crime’ means any felony punishable 

14 under section 274(a), 277, or 278 of the Immigra15 tion and Nationality Act (8 U.S.C. 1324(a), 1327, 

16 and 1328).’’. 

17 (3) STATUTE OF LIMITATIONS.—Section 3298 

18 of title 18, United States Code, is amended by in19 serting ‘‘556 (hindering immigration, border, or cus20 toms controls), 1598 (organized human smuggling),’’ 

21 before ‘‘1581’’. 

22 (b) ORGANIZED HUMAN SMUGGLING.— 

23 (1) AMENDMENT TO TITLE 18, UNITED STATES

24 CODE.—Chapter 77 of title 18, United States Code, 

25 is amended by adding at the end the following: 


jbell on DSK4SPTVN1PROD with BILLS
79 

•S 2743 IS

1 ‘‘§ 1598. Organized human smuggling 

2 ‘‘(a) PROHIBITED ACTIVITIES.—It shall be unlawful 

3 for any person, while acting for profit or other financial 

4 gain, to knowingly direct or participate in an effort or 

5 scheme to assist or cause 3 or more persons— 

6 ‘‘(1) to enter, attempt to enter, or prepare to 

7 enter the United States— 

8 ‘‘(A) by fraud, falsehood, or other corrupt 

9 means; 

10 ‘‘(B) at any place other than a port or 

11 place of entry designated by the Secretary of 

12 Homeland Security; or 

13 ‘‘(C) in a manner not prescribed by the im14 migration laws and regulations of the United 

15 States; 

16 ‘‘(2) to travel by air, land, or sea toward the 

17 United States (whether directly or indirectly)— 

18 ‘‘(A) knowing that the persons seek to 

19 enter or attempt to enter the United States 

20 without lawful authority; and 

21 ‘‘(B) with the intent to aid or further such 

22 entry or attempted entry; or 

23 ‘‘(3) to be transported or moved outside of the 

24 United States— 


jbell on DSK4SPTVN1PROD with BILLS
80 

•S 2743 IS

1 ‘‘(A) knowing that such persons are aliens 

2 in unlawful transit from 1 country to another 

3 or on the high seas; and 

4 ‘‘(B) under circumstances in which the 

5 persons are seeking to enter the United States 

6 without official permission or legal authority. 

7 ‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who 

8 attempts or conspires to violate subsection (a) shall be 

9 punished in the same manner as a person who completes 

10 a violation of such subsection. 

11 ‘‘(c) BASE PENALTY.—Except as provided in sub12 section (d), any person who violates subsection (a) or (b) 

13 shall be fined under this title, imprisoned for not more 

14 than 20 years, or both. 

15 ‘‘(d) ENHANCED PENALTIES.—Any person who vio16 lates subsection (a) or (b)— 

17 ‘‘(1) in the case of a violation causing a serious 

18 bodily injury (as defined in section 1365) to any per19 son, shall be fined under this title, imprisoned for 

20 not more than 30 years, or both; 

21 ‘‘(2) in the case of a violation causing the life 

22 of any person to be placed in jeopardy, shall be fined 

23 under this title, imprisoned for not more than 30 

24 years, or both; 


jbell on DSK4SPTVN1PROD with BILLS
81 

•S 2743 IS

1 ‘‘(3) in the case of a violation involving 10 or 

2 more persons, shall be fined under this title, impris3 oned for not more than 30 years, or both; 

4 ‘‘(4) in the case of a violation involving the 

5 bribery or corruption of a United States or foreign 

6 government official, shall be fined under this title, 

7 imprisoned for not more than 30 years, or both; 

8 ‘‘(5) in the case of a violation involving robbery 

9 or extortion (as such terms are defined in paragraph 

10 (1) or (2), respectively, of section 1951(b)), shall be 

11 fined under this title, imprisoned for not more than 

12 30 years, or both; 

13 ‘‘(6) in the case of a violation causing any per14 son to be subjected to an involuntary sexual act (as 

15 defined in section 2246(2)), shall be fined under this 

16 title, imprisoned for not more than 30 years, or 

17 both; 

18 ‘‘(7) in the case of a violation resulting in the 

19 death of any person, shall be fined under this title, 

20 imprisoned for any term of years or for life, or both; 

21 ‘‘(8) in the case of a violation in which any 

22 alien is confined or restrained, including by the tak23 ing of clothing, goods, or personal identification doc24 uments, shall be fined under this title, imprisoned 

25 for not more than 10 years, or both; or 


jbell on DSK4SPTVN1PROD with BILLS
82 

•S 2743 IS

1 ‘‘(9) in the case of smuggling an unaccom2 panied alien child (as defined in section 462(g)(2) of 

3 the Homeland Security Act of 2002 (6 U.S.C. 

4 279(g)(2))), shall be fined under this title or impris5 oned not more than 20 years. 

6 ‘‘(e) DEFINITIONS.—In this section: 

7 ‘‘(1) EFFORT OR SCHEME TO ASSIST OR CAUSE

8 3 OR MORE PERSONS.—The term ‘effort or scheme 

9 to assist or cause 3 or more persons’ does not re10 quire that the 3 or more persons enter, attempt to 

11 enter, prepare to enter, or travel at the same time 

12 if such acts are completed during a 1-year period. 

13 ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 

14 authority’— 

15 ‘‘(A) means permission, authorization, or 

16 license that is expressly provided for under the 

17 immigration laws of the United States; and 

18 ‘‘(B) does not include— 

19 ‘‘(i) any authority described in sub20 paragraph (A) that was secured by fraud 

21 or otherwise unlawfully obtained; or 

22 ‘‘(ii) any authority that was sought, 

23 but not approved.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions for chapter 77 of title 18, United States Code, 


jbell on DSK4SPTVN1PROD with BILLS
83 

•S 2743 IS

1 is amended by inserting after the item relating to 

2 section 1597 the following: 

‘‘1598. Organized human smuggling.’’. 

3 (c) STRATEGY TO COMBAT HUMAN SMUGGLING.— 

4 (1) HIGH TRAFFIC AREAS OF HUMAN SMUG5 GLING DEFINED.—In this subsection, the term ‘‘high 

6 traffic areas of human smuggling’’ means the United 

7 States ports of entry and areas between such ports 

8 that have relatively high levels of human smuggling 

9 activity, as measured by U.S. Customs and Border 

10 Protection. 

11 (2) IMPLEMENTATION.—Not later than 1 year 

12 after the date of the enactment of this Act, the Sec13 retary of Homeland Security shall implement a 

14 strategy to deter, detect, and interdict human smug15 gling across the international land and maritime 

16 borders of the United States. 

17 (3) COMPONENTS.—The strategy referred to in 

18 paragraph (2) shall include— 

19 (A) efforts to increase coordination be20 tween the border and maritime security compo21 nents of the Department of Homeland Security; 

22 (B) an identification of intelligence gaps 

23 impeding the ability to deter, detect, and inter24 dict human smuggling across the international 


jbell on DSK4SPTVN1PROD with BILLS
84 

•S 2743 IS

1 land and maritime borders of the United 

2 States; 

3 (C) efforts to increase information sharing 

4 with State and local governments and other 

5 Federal agencies; 

6 (D) efforts to provide, in coordination with 

7 the Federal Law Enforcement Training Center, 

8 training for the border and maritime security 

9 components of the Department of Homeland 

10 Security to deter, detect, and interdict human 

11 smuggling across the international land and 

12 maritime borders of the United States; and 

13 (E) the identification of the high traffic 

14 areas of human smuggling. 

15 (4) REPORT.— 

16 (A) IN GENERAL.—Not later than 6 

17 months after the date of the enactment of this 

18 Act, the Secretary of Homeland Security shall 

19 submit a report that describes the strategy to 

20 be implemented under paragraph (2), including 

21 the components listed in paragraph (3), to— 

22 (i) the Committee on Homeland Secu23 rity and Governmental Affairs of the Sen24 ate; and 


jbell on DSK4SPTVN1PROD with BILLS
85 

•S 2743 IS

1 (ii) the Committee on Homeland Se2 curity of the House of Representatives. 

3 (B) FORM.—The Secretary may submit 

4 the report required under subparagraph (A) in 

5 classified form if the Secretary determines that 

6 such form is appropriate. 

7 (5) ANNUAL LIST OF HIGH TRAFFIC AREAS.— 

8 Not later than February 1st of the first year begin9 ning after the date of the enactment of this Act, and 

10 annually thereafter, the Secretary of Homeland Se11 curity shall submit a list of the high traffic areas of 

12 human smuggling referred to— 

13 (A) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; and 

15 (B) the Committee on Homeland Security 

16 of the House of Representatives. 

Æ 


jbell on DSK4SPTVN1PROD with BILLS