II 

113TH CONGRESS 

2D SESSION S. 2619 

To prevent organized human smuggling, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2014 

Mr. MCCAIN (for himself, Mr. FLAKE, Mr. GRAHAM, Ms. AYOTTE, and Mr. 

INHOFE) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To prevent organized human smuggling, 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 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Children Returning 

5 on an Expedited and Safe Timeline Act’’ or the ‘‘CREST 

6 Act’’. 

7 SEC. 2. DEFINED TERM. 

8 For purposes of this Act, the term ‘‘unaccompanied 

9 alien child’’ means an alien who— 


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1 (1) has no lawful immigration status in the 

2 United States; 

3 (2) has not attained 18 years of age; and 

4 (3) attempts to enter or has entered the United 

5 States unaccompanied by a parent or legal guardian. 

6 SEC. 3. REDUCING THE NUMBER OF UNACCOMPANIED 

7 ALIEN CHILDREN FROM EL SALVADOR, GUA8 TEMALA, AND HONDURAS. 

9 (a) RESTRICTIONS ON FOREIGN AID TO CERTAIN

10 COUNTRIES.— 

11 (1) INITIAL CERTIFICATION.—Beginning on the 

12 date that is 6 months after the date of the enact13 ment of this Act, the Federal Government shall not 

14 provide any non-security assistance to El Salvador, 

15 Guatemala, or Honduras until the President certifies 

16 that the government of El Salvador, of Guatemala, 

17 or of Honduras, respectively is— 

18 (A) actively working to reduce the number 

19 of unaccompanied alien children from such 

20 country who are attempting to migrate north21 ward in order to illegally enter the United 

22 States; and 

23 (B) cooperating with the Government of 

24 the United States to facilitate the repatriation 

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1 moved from the United States and returned to 

2 their country of origin. 

3 (2) SUBSEQUENT CERTIFICATIONS.—The re4 striction under paragraph (1) shall take effect begin5 ning on the date that is 1 year after the President 

6 issued the latest certification in accordance with 

7 paragraph (1) unless the President recertifies that 

8 the governments referred to in paragraph (1) are 

9 meeting the requirements set forth in subparagraphs 

10 (A) and (B) of such paragraph. 

11 (b) IN-COUNTRY REFUGEE PROCESSING.— 

12 (1) IN GENERAL.—Notwithstanding section 

13 101(a)(42)(B) of the Immigration and Nationality 

14 Act (8 U.S.C. 1101(a)(42)(B)), the Secretary of 

15 State, in consultation with the Secretary of Home16 land Security and the Director of the Office of Ref17 ugee Resettlement of the Department of Health and 

18 Human Services, shall carry out in-country proc19 essing of refugee applications in El Salvador, Guate20 mala, and Honduras. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated such sums 

23 as may be necessary to carry out paragraph (1). 


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1 SEC. 4. INCREASING THE NUMBER OF REFUGEE ADMIS2 SIONS FROM CERTAIN COUNTRIES. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, the President, in determining the number of 

5 refugees who may be admitted under section 207(a) for 

6 fiscal years 2014 and 2015, shall authorize the admission, 

7 in each such fiscal year, of— 

8 (1) up to 5,000 refugees from El Salvador; 

9 (2) up to 5,000 refugees from Guatemala; and 

10 (3) up to 5,000 refugees from Honduras. 

11 SEC. 5. PREVENTING ORGANIZED SMUGGLING. 

12 (a) UNLAWFULLY HINDERING IMMIGRATION, BOR13 DER, OR CUSTOMS CONTROLS.— 

14 (1) AMENDMENT TO TITLE 18, UNITED STATES

15 CODE.— 

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

17 United States Code, is amended by adding at 

18 the end the following: 

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

20 customs controls 

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

22 transmits to another person the location, movement, or ac23 tivities of any Federal, State, or tribal law enforcement 

24 agency with the intent to further a Federal crime relating 

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1 der controls shall be fined under title 18, United States 

2 Code, imprisoned not more than 10 years, or both. 

3 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

4 CONTROLS.—Any person who knowingly and without law5 ful authorization destroys, alters, or damages any fence, 

6 barrier, sensor, camera, or other physical or electronic de7 vice deployed by the Federal Government to control the 

8 border or a port of entry, or otherwise seeks to construct, 

9 excavate, or make any structure intended to defeat, cir10 cumvent or evade any such fence, barrier, sensor camera, 

11 or other physical or electronic device deployed by the Fed12 eral Government to control the border or a port of entry— 

13 ‘‘(1) shall be fined under title 18, United States 

14 Code, imprisoned not more than 10 years, or both; 

15 and 

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

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

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

19 title 18, United States Code, imprisoned not more 

20 than 20 years, or both. 

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

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

23 be punished in the same manner as a person who com24 pletes a violation of such subsection.’’. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 sections for chapter 27 of title 18, United 

3 States Code, is amended by inserting after the 

4 item relating to section 555 the following: 

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

5 (2) PENALTY FOR CARRYING OR USE OF A

6 FIREARM DURING AND IN RELATION TO AN ALIEN

7 SMUGGLING CRIME.—Section 924(c) of title 18, 

8 United States Code, is amended— 

9 (A) in paragraph (1)— 

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

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

12 violence’’ each place such term appears; 

13 and 

14 (ii) in subparagraph (D)(ii), by insert15 ing ‘‘, alien smuggling crime,’’ after ‘‘crime 

16 of violence’’; and 

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

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

19 ‘alien smuggling crime’ means any felony punishable 

20 under section 274(a), 277, or 278 of the Immigra21 tion and Nationality Act (8 U.S.C. 1324(a), 1327, 

22 and 1328).’’. 

23 (3) STATUTE OF LIMITATIONS.—Section 3298 

24 of title 18, United States Code, is amended by strikVerDate Mar 15 2010 03:24 Jul 23, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2619.IS S2619

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1 ing ‘‘or under’’ and inserting ‘‘, under section 2 or 

2 subsection (a), (b), or (c) of section 556, or under’’. 

3 (b) ORGANIZED HUMAN SMUGGLING.— 

4 (1) AMENDMENT TO TITLE 18, UNITED STATES

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

6 is amended by adding at the end the following: 

7 ‘‘§ 1598. Organized human smuggling 

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

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

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

11 scheme to assist or cause 5 or more persons— 

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

13 enter the United States— 

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

15 means; 

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

17 place of entry designated by the Secretary of 

18 Homeland Security; or 

19 ‘‘(C) in a manner not prescribed by the im20 migration laws and regulations of the United 

21 States; 

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

23 United States (whether directly or indirectly)— 


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

2 enter or attempt to enter the United States 

3 without lawful authority; and 

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

5 entry or attempted entry; or 

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

7 United States— 

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

9 in unlawful transit from 1 country to another 

10 or on the high seas; and 

11 ‘‘(B) under circumstances in which the 

12 persons are seeking to enter the United States 

13 without official permission or legal authority. 

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

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

16 punished in the same manner as a person who completes 

17 a violation of such subsection. 

18 ‘‘(c) BASE PENALTY.—Except as provided in sub19 section (d), any person who violates subsection (a) or (b) 

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

21 than 20 years, or both. 

22 ‘‘(d) ENHANCED PENALTIES.—Any person who vio23 lates subsection (a) or (b)— 

24 ‘‘(1) in the case of a violation during and in re25 lation to which a serious bodily injury (as defined in 


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1 section 1365) occurs to any person, shall be fined 

2 under this title, imprisoned for not more than 30 

3 years, or both; 

4 ‘‘(2) in the case of a violation during and in re5 lation to which the life of any person is placed in 

6 jeopardy, shall be fined under this title, imprisoned 

7 for not more than 30 years, or both; 

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

9 more persons, shall be fined under this title, impris10 oned for not more than 30 years, or both; 

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

12 bribery or corruption of a United States or foreign 

13 government official, shall be fined under this title, 

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

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

16 or extortion (as such terms are defined in paragraph 

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

18 fined under this title, imprisoned for not more than 

19 30 years, or both; 

20 ‘‘(6) in the case of a violation during and in re21 lation to which any person is subjected to an invol22 untary sexual act (as defined in section 2246(2)), 

23 shall be fined under this title, imprisoned for not 

24 fewer than 5 years and not more than 30 years, or 

25 both; 


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

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

3 imprisoned for not fewer than 5 years and up to life, 

4 or both; 

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

6 alien is confined or restrained, including by the tak7 ing of clothing, goods, or personal identification doc8 uments, shall be fined under this title, imprisoned 

9 not fewer than 5 years and not more than 10 years, 

10 or both; and 

11 ‘‘(9) in the case of smuggling an unaccom12 panied alien child (as defined in section 462(g)(2) of 

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

14 279(g)(2))), shall be fined under this title or impris15 oned not more than 20 years. 

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

17 ‘‘(1) EFFORT OR SCHEME.—The term ‘effort or 

18 scheme to assist or cause 5 or more persons’ does 

19 not require that the 5 or more persons enter, at20 tempt to enter, prepare to enter, or travel at the 

21 same time if such acts are completed during a 1- 

22 year period. 

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

24 authority’— 


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

2 license that is expressly provided for under the 

3 immigration laws of the United States; and 

4 ‘‘(B) does not include— 

5 ‘‘(i) any authority described in sub6 paragraph (A) that was secured by fraud 

7 or otherwise unlawfully obtained; or 

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

9 but not approved.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions for chapter 77 of title 18, United States Code, 

12 is amended by inserting after the item relating to 

13 section 1597 the following: 

‘‘1598. Organized human smuggling.’’. 

14 (c) STRATEGY TO COMBAT HUMAN SMUGGLING.— 

15 (1) DEFINED TERM.—In this subsection, the 

16 term ‘‘high traffic areas of human smuggling’’ 

17 means the United States ports of entry and areas 

18 between such ports that have the most human smug19 gling activity, as measured by U.S. Customs and 

20 Border Protection. 

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

22 after the date of the enactment of this Act, the Sec23 retary of Homeland Security shall implement a 

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1 gling across the international land and maritime 

2 borders of the United States. 

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

4 paragraph (2) shall include— 

5 (A) efforts to increase coordination be6 tween the border and maritime security compo7 nents of the Department of Homeland Security; 

8 (B) an identification of intelligence gaps 

9 impeding the ability to deter, detect, and inter10 dict human smuggling across the international 

11 land and maritime borders of the United 

12 States; 

13 (C) efforts to increase information sharing 

14 with State and local governments and other 

15 Federal agencies; 

16 (D) efforts to provide, in coordination with 

17 the Federal Law Enforcement Training Center, 

18 training for the border and maritime security 

19 components of the Department of Homeland 

20 Security to deter, detect, and interdict human 

21 smuggling across the international land and 

22 maritime borders of the United States; and 

23 (E) the identification of the high traffic 

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1 national land and maritime borders of the 

2 United States. 

3 (4) REPORT.— 

4 (A) IN GENERAL.—Not later than 6 

5 months after the date of the enactment of this 

6 Act, the Secretary of Homeland Security shall 

7 submit a report that describes the strategy to 

8 be implemented under paragraph (2), including 

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

10 (i) the Committee on Homeland Secu11 rity and Governmental Affairs of the Sen12 ate; and 

13 (ii) the Committee on Homeland Se14 curity of the House of Representatives. 

15 (B) FORM.—The Secretary may submit 

16 the report required under subparagraph (A) in 

17 classified form if the Secretary determines that 

18 such form is appropriate. 

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

20 Not later than February 1st of the first year begin21 ning after the date of the enactment of this Act and 

22 annually thereafter, the Secretary of Homeland Se23 curity shall submit a list of the high traffic areas of 

24 human smuggling referred to in paragraph (3)(A) 

25 to— 


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1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; and 

3 (B) the Committee on Homeland Security 

4 of the House of Representatives. 

5 SEC. 6. EQUITABLE TREATMENT OF UNACCOMPANIED 

6 ALIEN CHILDREN. 

7 (a) IN GENERAL.—Section 235(a)(2) of the William 

8 Wilberforce Trafficking Victims Protection Reauthoriza9 tion Act of 2008 (8 U.S.C. 1232(a)) is amended— 

10 (1) by striking the paragraph heading and in11 serting ‘‘RULES FOR UNACCOMPANIED ALIEN CHIL12 DREN’’; 

13 (2) in subparagraph (A), by striking ‘‘who is a 

14 national or habitual resident of a country that is 

15 contiguous with the United States’’; and 

16 (3) in subparagraph (C)— 

17 (A) by striking the subparagraph heading 

18 and inserting ‘‘AGREEMENTS WITH FOREIGN

19 COUNTRIES’’; and 

20 (B) by striking ‘‘countries contiguous to 

21 the United States’’ and inserting ‘‘Canada, El 

22 Salvador, Guatemala, Honduras, Mexico, and 

23 any other foreign country that the Secretary de24 termines appropriate’’. 


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1 (b) APPLICABILITY.—The amendments made by sub2 section (a) shall apply to any unaccompanied alien child 

3 who was apprehended on or after October 1, 2013. 

4 SEC. 7. EXPEDITED REMOVAL AUTHORITY FOR UNACCOM5 PANIED ALIEN CHILDREN. 

6 Section 235(a)(5)(D) of the William Wilberforce 

7 Trafficking Victims Protection Reauthorization Act of 

8 2008 (8 U.S.C. 1232(a)(5)(D)) is amended— 

9 (1) by striking the subparagraph heading and 

10 inserting ‘‘EXPEDITED REMOVAL FOR UNACCOM11 PANIED ALIEN CHILDREN’’; 

12 (2) in the matter preceding clause (i)— 

13 (A) by inserting ‘‘described in paragraph 

14 (2)(A) who is’’ after ‘‘Any unaccompanied alien 

15 child’’; and 

16 (B) by striking ‘‘, except for an unaccom17 panied alien child from a contiguous country 

18 subject to exceptions under subsection (a)(2),’’; 

19 and 

20 (3) by striking clause (i) and inserting the fol21 lowing: 

22 ‘‘(i) placed in a proceeding in accord23 ance with section 235 of the Immigration 

24 and Nationality Act (8 U.S.C. 1225).’’. 


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1 SEC. 8. MANDATORY SAFE FEDERAL CUSTODY. 

2 Section 235(c) of the William Wilberforce Trafficking 

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

4 1232(c)(2)) is amended— 

5 (1) in paragraph (2)— 

6 (A) in subparagraph (A), by striking ‘‘shall 

7 be promptly placed in the least restrictive set8 ting that is in the best interest of the child. In 

9 making such placements, the Secretary may 

10 consider danger to self, danger to the commu11 nity, and risk of flight. Placement of child traf12 ficking victims may include placement in an 

13 Unaccompanied Refugee Minor program pursu14 ant to section 412(d) of the Immigration and 

15 Nationality Act (8 U.S.C. 1522(d)), if a suit16 able family member is not available to provide 

17 care.’’ and inserting ‘‘may not be placed in the 

18 custody of a nongovernmental sponsor or other19 wise released from the custody of the United 

20 States Government until the child is repatriated 

21 or has been adjudicated to be admissible or sub22 ject to an exception to removal.’’; 

23 (B) by redesignating subparagraph (B) as 

24 subparagraph (D); and 

25 (C) by inserting after subparagraph (A) 

26 the following: 


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1 ‘‘(B) EXCEPTIONS.— 

2 ‘‘(i) IN GENERAL.—If the Secretary of 

3 Health and Human Services determines 

4 that an unaccompanied alien child is a vic5 tim of a severe form of trafficking in per6 sons, a special needs child with a disability 

7 (as defined in section 3 of the Americans 

8 with Disabilities Act of 1990 (42 U.S.C. 

9 12102)), a child who has been a victim of 

10 physical or sexual abuse under cir11 cumstances that indicate that the child’s 

12 health or welfare has been significantly 

13 harmed or threatened, or a child with men14 tal health needs that require ongoing as15 sistance from a social welfare agency, the 

16 child may be placed with a biological par17 ent if— 

18 ‘‘(I) the parent can prove that he 

19 or she is lawfully residing in the 

20 United States; 

21 ‘‘(II) the parent has submitted to 

22 a mandatory biometric criminal his23 tory check; and 


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1 ‘‘(III) the Secretary completes a 

2 safety and suitability study of the par3 ent’s household. 

4 ‘‘(ii) MONITORING.—If an unaccom5 panied alien child described in clause (i) is 

6 between 15 and 18 years of age and the 

7 Secretary of Health and Human Services 

8 determines that such child is not a danger 

9 to self, a danger to the community, or a 

10 risk of flight, the child shall— 

11 ‘‘(I) enroll in the alternative to 

12 detention program of U.S. Immigra13 tion and Customs Enforcement; and 

14 ‘‘(II) continuously wear an elec15 tronic ankle monitor while his or her 

16 immigration case is pending. 

17 ‘‘(iii) EFFECT OF VIOLATION OF CON18 DITIONS.—The Secretary of Health and 

19 Human Services shall remove an unaccom20 panied alien minor from a parent who has 

21 violated the terms of the agreement speci22 fying the conditions under which the unac23 companied alien child was placed in his or 

24 her custody. 

25 ‘‘(iv) FAILURE TO APPEAR.— 


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1 ‘‘(I) CIVIL PENALTY.—If an un2 accompanied alien child is placed with 

3 a parent and fails to appear in a man4 datory court appearance, the parent 

5 shall be subject to a civil penalty of 

6 $250 per day, up to a maximum of 

7 $5,000. 

8 ‘‘(II) BURDEN OF PROOF.—The 

9 parent is not subject to the penalty 

10 imposed under subclause (I) if the 

11 parent— 

12 ‘‘(aa) proves to the immigra13 tion court that the failure to ap14 pear by the unaccompanied alien 

15 child was not the fault of the 

16 parent; and 

17 ‘‘(bb) supplies the immigra18 tion court with documentary evi19 dence that supports such asser20 tion. 

21 ‘‘(v) UNACCOMPANIED REFUGEE MI22 NORS PROGRAM.—An unaccompanied alien 

23 child described in clause (i) who is a victim 

24 of a severe form of trafficking in persons 

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1 ugee Minors Program authorized under 

2 section 412(d) of the Immigration and Na3 tionality Act (8 U.S.C. 1522(d)) if a par4 ent is not available to provide care for the 

5 child in accordance with this subpara6 graph. 

7 ‘‘(C) INFORMATION SHARING.—In 

8 verifying the legal presence of parents under 

9 subparagraph (B)(i)(I), the Secretary of Health 

10 and Human Services shall provide information 

11 on those determined to be unlawfully present in 

12 the United States to the Secretary of Homeland 

13 Security.’’; and 

14 (2) in paragraph (3)(B), by striking ‘‘indi15 vidual’’ and inserting ‘‘parent’’. 

16 SEC. 9. TRAINING. 

17 The Secretary of Homeland Security shall ensure 

18 that U.S. Border Patrol agents receive appropriate train19 ing in immigration laws relating to screening, identifying, 

20 and addressing vulnerable populations, such as children, 

21 victims of crime and human trafficking, and individuals 

22 fleeing persecution or torture. 


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1 SEC. 10. EMERGENCY IMMIGRATION PERSONNEL; NA2 TIONAL JUVENILE DOCKET. 

3 (a) GOAL.—It shall be the goal of the Attorney Gen4 eral, the Secretary of Homeland Security, and the Direc5 tor of the Executive Office for Immigration Review to use 

6 the amounts appropriated pursuant to subsection (f) to 

7 bring a resolution to immigration cases, from the issuance 

8 of a notice to appear through the exhaustion of appeals, 

9 within 30 days. 

10 (b) EMERGENCY IMMIGRATION JUDGES.— 

11 (1) DESIGNATION.—Not later than 14 days 

12 after the date of the enactment of this Act, the At13 torney General shall designate up to 100 temporary 

14 immigration judges, with renewable 6-month terms, 

15 including through the hiring of retired immigration 

16 judges, magistrate judges, administrative law judges, 

17 or other qualified attorneys using the same criteria 

18 as applied to the hiring of permanent immigration 

19 judges. 

20 (2) REQUIREMENT.—The Attorney General 

21 shall ensure that sufficient immigration judge re22 sources are dedicated to the purpose described in 

23 paragraph (1). 

24 (c) IMMIGRATION LITIGATION ATTORNEYS.—The 

25 Secretary of Homeland Security shall hire 150 new immi26 gration litigation attorneys in the Field Legal Operations 


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1 of U.S. Immigration and Customs Enforcement with par2 ticular focus on the Office of Chief Counsel attorneys in 

3 the areas of need. 

4 (d) ASYLUM OFFICERS.—The Secretary of Homeland 

5 Security shall hire 100 new asylum officers to be placed 

6 in the Refugee, Asylum, and International Operations Di7 rectorate of the U.S. Citizenship and Immigration Serv8 ices. 

9 (e) JUVENILE DOCKET.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the Director of the Executive Office for 

12 Immigration Review shall establish a separate juve13 nile docket in every immigration court in the United 

14 States to facilitate the processing of immigration 

15 cases involving unaccompanied alien children. 

16 (2) EXEMPTION.—The Director may exempt an 

17 immigration court from the requirement under para18 graph (1) upon its application for exemption based 

19 on its juvenile caseload. The Director shall make a 

20 determination under this paragraph after reviewing 

21 the court’s latest 2 quarters of juvenile cases. An ex22 emption may be awarded if the Director determines 

23 that a juvenile docket is not warranted. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $100,000,000 to carry out 

3 this section. 

4 SEC. 11. REPORTING AND MONITORING REQUIREMENTS. 

5 (a) REPORTS.— 

6 (1) INITIAL REPORT.—Not later than 60 days 

7 after the date of the enactment of this Act, the Sec8 retary of Health and Human Services shall submit 

9 a report to each State in which unaccompanied chil10 dren were discharged to parents or placed in a facil11 ity while remaining in the legal custody of the Sec12 retary of Health and Human Services that provides 

13 the number of children placed in the State since Oct. 

14 1, 2013, broken down by location and age. 

15 (2) MONTHLY DISCHARGE REPORTS.—The Sec16 retary of Health and Human Services shall submit 

17 a monthly report to each State in which unaccom18 panied alien children, during the reporting period— 

19 (A) were discharged to their parents; or 

20 (B) were placed in a facility while remain21 ing in the legal custody of the Department of 

22 Health and Human Services. 

23 (3) CONTENTS.—The reports required under 

24 paragraph (2) shall identify the number of children 


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1 placed in the State during the reporting period, bro2 ken down by— 

3 (A) location; and 

4 (B) age. 

5 (b) MONITORING REQUIREMENT.—The Secretary of 

6 Health and Human Services shall— 

7 (1) require all parents to agree— 

8 (A) to notify and receive approval from the 

9 Department of Health and Human Services 

10 prior to an unaccompanied alien child placed in 

11 their custody changing addresses from that in 

12 which he or she was originally placed; and 

13 (B) to provide a current address for the 

14 child and the reason for the change of address; 

15 (2) provide regular and frequent monitoring of 

16 the physical and emotional well-being of unaccom17 panied alien children who have been discharged to a 

18 parent or remain in the legal custody of the Sec19 retary of Health and Human Services until their re20 spective immigration cases are resolved; and 

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

22 enactment of this Act, provide to Congress a plan 

23 for implementing the requirement set forth in para24 graph (2). 


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25 

•S 2619 IS

1 (c) NOTIFICATION TO STATES.—The Secretary of 

2 Health and Human Services shall notify each State in 

3 which potential facilities are being reviewed to house unac4 companied alien children who will remain in the custody 

5 of the Secretary of Health and Human Services. 

6 (d) FAILURE TO APPEAR.—The Director of the Ex7 ecutive Office for Immigration Review shall— 

8 (1) track the number of unaccompanied alien 

9 children who fail to appear at a removal hearing 

10 that they were required to attend; and 

11 (2) make the information described in para12 graph (1) available to the public on a quarterly 

13 basis. 

Æ 


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