II 

Calendar No. 527 

113TH CONGRESS 

2D SESSION S. 2772 

Making supplemental appropriations for the fiscal year ending September 

30, 2014, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2014 

Mr. FLAKE introduced the following bill; which was read the first time 

AUGUST 1, 2014 

Read the second time and placed on the calendar 

A BILL 

Making supplemental appropriations for the fiscal year 

ending September 30, 2014, 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: 


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1 DIVISION A—SUPPLEMENTAL 

2 APPROPRIATIONS AND RESCISSIONS 

3 TITLE I 

4 DEPARTMENT OF HOMELAND SECURITY 

5 U.S. CUSTOMS AND BORDER PROTECTION

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $71,000,000, to remain available until September 

9 30, 2015, for necessary expenses to apprehend, transport, 

10 and provide temporary shelter associated with the signifi11 cant rise in unaccompanied alien children and alien adults 

12 accompanied by an alien minor at the Southwest Border 

13 of the United States, including related activities to secure 

14 the border, disrupt transnational crime, and the necessary 

15 acquisition, construction, improvement, repair, and man16 agement of facilities: Provided, That not later than 30 

17 days after the date of the enactment of this Act, the Sec18 retary of Homeland Security shall submit to the Commit19 tees on Appropriations of the House of Representatives 

20 and the Senate an obligation and quarterly expenditure 

21 plan for these funds: Provided further, That the Secretary 

22 shall provide to such Committees quarterly updates on the 

23 expenditure of these funds. 


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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $334,000,000, to remain available until Sep5 tember 30, 2015, for necessary expenses to respond to the 

6 significant rise in unaccompanied alien children and alien 

7 adults accompanied by an alien minor at the Southwest 

8 Border of the United States, including for enforcement of 

9 immigration and customs law, including detention and re10 moval operations, of which $262,000,000 shall be for Cus11 tody Operations and $72,000,000 shall be for Transpor12 tation and Removal operations: Provided, That not later 

13 than 30 days after the date of the enactment of this Act, 

14 the Secretary of Homeland Security shall submit to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate an obligation and quarterly expendi17 ture plan for these funds: Provided further, That the Sec18 retary shall provide to such Committees quarterly updates 

19 on the expenditure of these funds. 

20 GENERAL PROVISIONS—THIS TITLE 

21 (INCLUDING RESCISSION)

22 SEC. 101. Notwithstanding any other provision of 

23 law, none of the funds provided by this title shall be avail24 able for obligation or expenditure through a reprogram25 ming or transfer of funds that proposes to use funds diVerDate Mar 15 2010 00:08 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2772.PCS S2772

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1 rected for a specific activity by either of the Committees 

2 on Appropriations of the House of Representatives or the 

3 Senate for a different purpose than for which the appro4 priations were provided: Provided, That prior to the obli5 gation of such funds, a request for approval shall be sub6 mitted to such Committees. 

7 SEC. 102. The Secretary of Homeland Security shall 

8 provide to the Congress quarterly reports that include: (1) 

9 the number of apprehensions at the border delineated by 

10 unaccompanied alien children and alien adults accom11 panied by an alien minor; (2) the number of claims of a 

12 credible fear of persecution delineated by unaccompanied 

13 alien children and alien adults accompanied by an alien 

14 minor, and the number of determinations of valid claims 

15 of a credible fear of persecution delineated by unaccom16 panied alien children and alien adults accompanied by an 

17 alien minor; (3) the number of unaccompanied alien chil18 dren and alien adults accompanied by an alien minor 

19 granted asylum by an immigration judge, delineated by 

20 year of apprehension; (4) the number of alien adults ac21 companied by an alien minor in detention facilities, alter22 natives to detention, and other non-detention forms of su23 pervision; and (5) the number of removals delineated by 

24 unaccompanied alien children and alien adults accom25 panied by an alien minor. 


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1 SEC. 103. Of the unobligated balance available for 

2 ‘‘Department of Homeland Security—Federal Emergency 

3 Management Agency—Disaster Relief Fund’’, 

4 $405,000,000 is rescinded: Provided, That no amounts 

5 may be rescinded from amounts that were designated by 

6 the Congress as an emergency requirement pursuant to 

7 a concurrent resolution on a budget or the Balanced 

8 Budget and Emergency Deficit Control Act of 1985: Pro9 vided further, That no amounts may be rescinded from the 

10 amounts that were designated by the Congress as being 

11 for disaster relief pursuant to section 251(b)(2)(D) of the 

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985. 

14 SEC. 104. Notwithstanding any other provision of 

15 law, grants awarded under sections 2003 or 2004 of the 

16 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) 

17 using funds provided under the heading ‘‘Federal Emer18 gency Management Agency—State and Local Programs’’ 

19 in division F of Public Law 113–76, division D of Public 

20 Law 113–6, or division D of Public Law 112–74 may be 

21 used by State and local law enforcement and public safety 

22 agencies within local units of government along the South23 west Border of the United States for costs incurred during 

24 the award period of performance for personnel, overtime, 

25 travel, costs related to combating illegal immigration and 


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1 drug smuggling, and costs related to providing humani2 tarian relief to unaccompanied alien children and alien 

3 adults accompanied by an alien minor who have entered 

4 the United States. 

5 TITLE II 

6 DEPARTMENT OF DEFENSE—MILITARY 

7 MILITARY PERSONNEL 

8 NATIONAL GUARD PERSONNEL, ARMY

9 For an additional amount for ‘‘National Guard Per10 sonnel, Army’’, $12,419,000, to remain available until 

11 September 30, 2015, for necessary expenses related to the 

12 Southwest Border of the United States. 

13 NATIONAL GUARD PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘National Guard Per15 sonnel, Air Force’’, $2,258,000, to remain available until 

16 September 30, 2015, for necessary expenses related to the 

17 Southwest Border of the United States. 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY NATIONAL

20 GUARD

21 For an additional amount for ‘‘Operation and Main22 tenance, Army National Guard’’, $15,807,000, to remain 

23 available until September 30, 2015, for necessary expenses 

24 related to the Southwest Border of the United States. 


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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Main3 tenance, Air National Guard’’, $4,516,000, to remain 

4 available until September 30, 2015, for necessary expenses 

5 related to the Southwest Border of the United States. 

6 GENERAL PROVISION—THIS TITLE 

7 (RESCISSION)

8 SEC. 201. Of the unobligated balances of amounts ap9 propriated in title II of division C of Public Law 113– 

10 76 for ‘‘Operation and Maintenance, Defense-Wide’’, 

11 $35,000,000 is hereby rescinded to reflect excess cash bal12 ances in Department of Defense Working Capital Funds. 

13 TITLE III 

14 DEPARTMENT OF JUSTICE 

15 GENERAL ADMINISTRATION

16 ADMINISTRATIVE REVIEW AND APPEALS

17 For an additional amount for ‘‘Administrative Review 

18 and Appeals’’ for necessary expenses to respond to the sig19 nificant rise in unaccompanied alien children and alien 

20 adults accompanied by an alien minor at the Southwest 

21 Border of the United States, $22,000,000, to remain 

22 available until September 30, 2015, of which $12,900,000 

23 shall be for additional temporary immigration judges and 

24 related expenses, and $9,100,000 shall be for technology 


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1 for judges to expedite the adjudication of immigration 

2 cases. 

3 GENERAL PROVISION—THIS TITLE 

4 (RESCISSION)

5 SEC. 301. Of the unobligated balances available for 

6 ‘‘Department of Justice—Legal Activities—Assets For7 feiture Fund’’, $22,000,000 is hereby permanently re8 scinded. 

9 TITLE IV 

10 GENERAL PROVISIONS—THIS TITLE 

11 REPATRIATION AND REINTEGRATION

12 SEC. 401. (a) REPATRIATION AND REINTEGRA13 TION.—Of the funds appropriated in titles III and IV of 

14 division K of Public Law 113–76, and in prior Acts mak15 ing appropriations for the Department of State, foreign 

16 operations, and related programs, for assistance for the 

17 countries in Central America, up to $40,000,000 shall be 

18 made available for such countries for repatriation and re19 integration activities: Provided, That funds made available 

20 pursuant to this section may be obligated notwithstanding 

21 subsections (c) and (e) of section 7045 of division K of 

22 Public Law 113–76. 

23 (b) REPORT.—Prior to the initial obligation of funds 

24 made available pursuant to this section, but not later than 

25 15 days after the date of enactment of this Act, and every 


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1 90 days thereafter until September 30, 2015, the Sec2 retary of State, in consultation with the Administrator of 

3 the United States Agency for International Development, 

4 shall submit to the appropriate congressional committees 

5 a report on the obligation of funds made available pursu6 ant to this section by country and the steps taken by the 

7 government of each country to— 

8 (1) improve border security; 

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

10 of illegal entries into the United States; 

11 (3) enact laws and implement new policies to 

12 stem the flow of illegal entries into the United 

13 States, including increasing penalties for human 

14 smuggling; 

15 (4) conduct public outreach campaigns to ex16 plain the dangers of the journey to the Southwest 

17 Border of the United States and to emphasize the 

18 lack of immigration benefits available; and 

19 (5) cooperate with United States Federal agen20 cies to facilitate and expedite the return, repatri21 ation, and reintegration of illegal migrants arriving 

22 at the Southwest Border of the United States. 

23 (c) SUSPENSION OF ASSISTANCE.—The Secretary of 

24 State shall suspend assistance provided pursuant to this 

25 section to the government of a country if such government 


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1 is not making significant progress on each item described 

2 in paragraphs (1) through (5) of subsection (b): Provided, 

3 That assistance may only be resumed if the Secretary re4 ports to the appropriate congressional committees that 

5 subsequent to the suspension of assistance such govern6 ment is making significant progress on each of the items 

7 enumerated in such subsection. 

8 (d) NOTIFICATION REQUIREMENT.—Funds made 

9 available pursuant to this section shall be subject to the 

10 regular notification procedures of the Committees on Ap11 propriations of the House of Representatives and the Sen12 ate. 

13 (RESCISSION)

14 SEC. 402. Of the unexpended balances available to 

15 the President for bilateral economic assistance under the 

16 heading ‘‘Economic Support Fund’’ from prior Acts mak17 ing appropriations for the Department of State, foreign 

18 operations, and related programs, $197,000,000 is re19 scinded: Provided, That no amounts may be rescinded 

20 from amounts that were designated by the Congress for 

21 Overseas Contingency Operations/Global War on Ter22 rorism pursuant to section 251(b)(2)(A) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985 or as 

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1 lution on the budget or the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 TITLE V 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 ADMINISTRATION FOR CHILDREN AND FAMILIES

7 REFUGEE AND ENTRANT ASSISTANCE

8 For an additional amount for ‘‘Refugee and Entrant 

9 Assistance’’, $197,000,000, to be merged with and avail10 able for the same time period and for the same purposes 

11 as the funds made available under this heading in division 

12 H of Public Law 113–76 ‘‘for carrying out such sections 

13 414, 501, 462, and 235’’: Provided, That of this amount, 

14 $47,000,000 shall be for the Social Services and Targeted 

15 Assistance programs. 

16 This division may be cited as the ‘‘Secure the South17 west Border Supplemental Appropriations Act, 2014’’. 

18 DIVISION B—SECURE THE 

19 SOUTHWEST BORDER ACT OF 

20 2014 

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

22 (a) SHORT TITLE.—This division may be cited as the 

23 ‘‘Secure the Southwest Border Act of 2014’’. 

24 (b) TABLE OF CONTENTS.—The table of contents for 

25 this division is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—PROTECTING CHILDREN 

Sec. 101. Repatriation of unaccompanied alien children. 

Sec. 102. Expedited due process and screening of unaccompanied alien children. 

Sec. 103. Due process protections for unaccompanied alien children present in 

the United States. 

Sec. 104. Emergency immigration judge resources. 

Sec. 105. Protecting children from human traffickers, sex offenders, and other 

criminals. 

Sec. 106. Inclusion of additional grounds for per se ineligibility for asylum. 

TITLE II—USE OF NATIONAL GUARD TO IMPROVE BORDER 

SECURITY 

Sec. 201. National Guard support for border operations. 

TITLE III—NATIONAL SECURITY AND FEDERAL LANDS 

PROTECTION 

Sec. 301. Prohibition on actions that impede border security on certain Federal 

land. 

Sec. 302. Sense of Congress on placement of unauthorized aliens at military installations. 

1 TITLE I—PROTECTING 

2 CHILDREN 

3 SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHIL4 DREN. 

5 Section 235(a) of the William Wilberforce Trafficking 

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

7 1232(a)) is amended— 

8 (1) in paragraph (2)— 

9 (A) by amending the paragraph heading to 

10 read as follows: ‘‘RULES FOR UNACCOMPANIED

11 ALIEN CHILDREN’’; 

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

13 preceding clause (i), by striking ‘‘who is a na14 tional or habitual resident of a country that is 

15 contiguous with the United States’’; and 


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1 (C) in subparagraph (C)— 

2 (i) by amending the subparagraph 

3 heading to read as follows: ‘‘AGREEMENTS

4 WITH FOREIGN COUNTRIES’’; and 

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

6 by striking ‘‘countries contiguous to the 

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

8 Salvador, Guatemala, Honduras, Mexico, 

9 and any other foreign country that the 

10 Secretary determines appropriate’’; and 

11 (2) in paragraph (5)(D)— 

12 (A) in the subparagraph heading, by strik13 ing ‘‘PLACEMENT IN REMOVAL PROCEEDINGS’’ 

14 and inserting ‘‘EXPEDITED DUE PROCESS AND

15 SCREENING FOR UNACCOMPANIED ALIEN CHIL16 DREN’’; 

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

18 striking ‘‘, except for an unaccompanied alien 

19 child from a contiguous country subject to the 

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

21 and inserting ‘‘who meets the criteria listed in 

22 paragraph (2)(A)—’’; 

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

24 following: 


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

2 accordance with section 235B of the Immi3 gration and Nationality Act, which shall 

4 commence not later than 7 days after the 

5 screening of an unaccompanied alien child 

6 described in paragraph (4);’’; 

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

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

9 (E) by inserting after clause (i) the fol10 lowing: 

11 ‘‘(ii) may not be placed in the imme12 diate custody of a nongovernmental spon13 sor or otherwise released from the custody 

14 of the United States Government until the 

15 child is repatriated unless the child is the 

16 subject of an order under section 

17 235B(e)(1) of the Immigration and Na18 tionality Act;’’; 

19 (F) in clause (iii), as redesignated, by in20 serting ‘‘is’’ before ‘‘eligible’’; and 

21 (G) in clause (iv), as redesignated, by in22 serting ‘‘shall be’’ before ‘‘provided’’. 


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1 SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF 

2 UNACCOMPANIED ALIEN CHILDREN. 

3 (a) AMENDMENTS TO IMMIGRATION AND NATION4 ALITY ACT.— 

5 (1) IN GENERAL.—Chapter 4 of the Immigra6 tion and Nationality Act is amended by inserting 

7 after section 235A the following: 

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

9 SCREENING FOR UNACCOMPANIED ALIEN 

10 CHILDREN. 

11 ‘‘(a) DEFINED TERM.—In this section, the term ‘asy12 lum officer’ had the meaning given such term in section 

13 235(b)(1)(E) of the Immigration and Nationality Act (8 

14 U.S.C. 1225(b)(1)(E)). 

15 ‘‘(b) PROCEEDING.— 

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

17 the screening of an unaccompanied alien child under 

18 section 235(a)(4) of the William Wilberforce Traf19 ficking Victims Protection Reauthorization Act of 

20 2008 (8 U.S.C. 1232(a)(4)), an immigration judge 

21 shall conduct a proceeding to inspect, screen, and 

22 determine the status of an unaccompanied alien 

23 child who is an applicant for admission to the 

24 United States. 

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

26 after the conclusion of a proceeding with respect to 


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1 an unaccompanied alien child under this section, the 

2 immigration judge who conducted such proceeding 

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

4 ‘‘(c) CONDUCT OF PROCEEDING.— 

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

6 The immigration judge conducting a proceeding 

7 under this section— 

8 ‘‘(A) shall administer oaths, receive evi9 dence, and interrogate, examine, and cross-ex10 amine the alien and any witnesses; 

11 ‘‘(B) may issue subpoenas for the attend12 ance of witnesses and presentation of evidence; 

13 and 

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

15 money penalty any action (or inaction) in con16 tempt of the judge’s proper exercise of author17 ity under this Act. 

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

19 under this section may take place— 

20 ‘‘(A) in person; 

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

22 in the absence of the alien; 

23 ‘‘(C) through video conference; or 

24 ‘‘(D) through telephone conference. 


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1 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti2 cable by reason of an alien’s mental incompetency 

3 for the alien to be present at the proceeding, the At4 torney General shall prescribe safeguards to protect 

5 the rights and privileges of the alien. 

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

7 under this section— 

8 ‘‘(A) the alien shall be given the privilege 

9 of being represented, at no expense to the Gov10 ernment, by counsel of the alien’s choosing who 

11 is authorized to practice in such proceedings; 

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

13 opportunity— 

14 ‘‘(i) to examine the evidence against 

15 the alien; 

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

17 own behalf; and 

18 ‘‘(iii) to cross-examine witnesses pre19 sented by the Government; 

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

21 (B) shall not entitle the alien— 

22 ‘‘(i) to examine such national security 

23 information as the Government may prof24 fer in opposition to the alien’s admission to 

25 the United States; or 


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

2 discretionary relief under this Act; and 

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

4 testimony and evidence produced at the pro5 ceeding. 

6 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD7 MISSION.—In the discretion of the Attorney General, 

8 an alien applying for admission to the United States 

9 may, and at any time, be permitted to withdraw 

10 such application and immediately be returned to the 

11 alien’s country of nationality or country of last ha12 bitual residence. 

13 ‘‘(6) CONSEQUENCES OF FAILURE TO AP14 PEAR.—Any alien who fails to appear at a pro15 ceeding required under this section, shall be ordered 

16 removed in absentia if the Government establishes 

17 by a preponderance of the evidence that the alien 

18 was at fault for their absence from the proceedings. 

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

20 ‘‘(1) DECISION.— 

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

22 proceeding under this section, the immigration 

23 judge shall determine whether an unaccom24 panied alien child is likely to be— 


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

2 or 

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

4 from removal under this Act. 

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

6 the immigration judge under subparagraph (A) 

7 shall be based only on the evidence produced at 

8 the hearing. 

9 ‘‘(2) BURDEN OF PROOF.— 

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

11 this section, an alien who is an applicant for 

12 admission has the burden of establishing, by a 

13 preponderance of the evidence, that the alien— 

14 ‘‘(i) is likely to be entitled to be law15 fully admitted to the United States or eli16 gible for any form of relief from removal 

17 under this Act; or 

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

19 States pursuant to a prior admission. 

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

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

22 the alien shall be given access to— 

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

24 document, if any; and 


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1 ‘‘(ii) any other records and docu2 ments, not considered by the Attorney 

3 General to be confidential, pertaining to 

4 the alien’s admission or presence in the 

5 United States. 

6 ‘‘(e) ORDERS.— 

7 ‘‘(1) PLACEMENT IN FURTHER PRO8 CEEDINGS.—If an immigration judge determines 

9 that the unaccompanied alien child has met the bur10 den of proof under subsection (d)(2), the judge shall 

11 order the alien to be placed in further proceedings 

12 in accordance with section 240. 

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

14 judge determines that the unaccompanied alien child 

15 has not met the burden of proof required under sub16 section (d)(2), the judge shall order the alien re17 moved from the United States without further hear18 ing or review unless the alien claims— 

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

20 under section 208; or 

21 ‘‘(B) a fear of persecution. 

22 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom23 panied alien child described in paragraph (2) claims 

24 an intention to apply for asylum under section 208 

25 or a fear of persecution, the judge shall order the 


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1 alien referred for an interview by an asylum officer 

2 under subsection (f). 

3 ‘‘(f) ASYLUM INTERVIEWS.— 

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

5 term ‘credible fear of persecution’ has the meaning 

6 given such term in section 235(b)(1)(B)(v) of the 

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

8 1225(b)(1)(B)(v)). 

9 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy10 lum officer shall conduct interviews of aliens referred 

11 under subsection (e)(3). 

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

13 officer determines at the time of the interview that 

14 an alien has a credible fear of persecution, the alien 

15 shall be held in the custody of the Secretary of 

16 Health and Human Services pursuant to section 

17 235(b) of the William Wilberforce Trafficking Vic18 tims Protection Reauthorization Act of 2008 (8 

19 U.S.C. 1232(b)) during further consideration of the 

20 application for asylum. 

21 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

22 NO CREDIBLE FEAR OF PERSECUTION.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (C), if the asylum officer determines that 

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1 cution the officer shall order the alien removed 

2 from the United States without further hearing 

3 or review. 

4 ‘‘(B) RECORD OF DETERMINATION.—The 

5 officer shall prepare a written record of a deter6 mination under subparagraph (A), which shall 

7 include— 

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

9 as stated by the applicant; 

10 ‘‘(ii) such additional facts (if any) re11 lied upon by the officer; 

12 ‘‘(iii) the officer’s analysis of why, in 

13 light of such facts, the alien has not estab14 lished a credible fear of persecution; and 

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

16 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. 


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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 conducted— 

9 ‘‘(aa) as expeditiously as 

10 possible; 

11 ‘‘(bb) within the 24-hour pe12 riod beginning at the time the 

13 asylum officer makes a deter14 mination under subparagraph 

15 (A), to the maximum extent 

16 practicable; and 

17 ‘‘(cc) in no case later than 7 

18 days after such determination. 

19 ‘‘(5) MANDATORY PROTECTIVE CUSTODY.—Any 

20 alien subject to the procedures under this subsection 

21 shall be held in the custody of the Secretary of 

22 Health and Human Services pursuant to section 

23 235(b) of the William Wilberforce Trafficking Vic24 tims Protection Reauthorization Act of 2008 (8 

25 U.S.C. 1232(b))— 


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1 ‘‘(A) pending a final determination of an 

2 asylum application under section 208; or 

3 ‘‘(B) after a determination that the alien 

4 does not have a credible fear of persecution, 

5 until the alien is removed. 

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

7 ‘‘(1) IN GENERAL.—Except as provided in sub8 section (f)(4)(C) and paragraph (2), a removal order 

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

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

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

12 shall establish, by regulation, a process for the 

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

14 against an alien who claims under oath, or as per15 mitted under penalty of perjury under section 1746 

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

17 warned of the penal ties for falsely making such 

18 claim under such conditions to have been— 

19 ‘‘(A) lawfully admitted for permanent resi20 dence; 

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

22 207; or 

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

24 ‘‘(h) LAST IN, FIRST OUT.—In any proceedings, de25 terminations, or removals under this section, priority shall 


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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 for the Immigration and Nationality Act (8 

5 U.S.C. 1101 et seq.) is amended by inserting after 

6 the item 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 inserting ‘‘, or an 

12 order of removal issued to an unaccompanied 

13 alien child after proceedings under section 

14 235B’’ after ‘‘section 235(b)(1)’’; and 

15 (B) in paragraph (2)— 

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

17 after ‘‘section 235(b)(1)’’ each place it ap18 pears; and 

19 (ii) in subparagraph (A)— 

20 (I) in the subparagraph heading, 

21 by inserting ‘‘OR 235B’’ after ‘‘SEC22 TION 235(b)(1)’’; and 

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

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


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

2 and 

3 (2) in subsection (e)— 

4 (A) in the subsection heading, by inserting 

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

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

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

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

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

10 235(b)(1)(C)’’; and 

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

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

13 SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOM14 PANIED ALIEN CHILDREN PRESENT IN THE 

15 UNITED STATES. 

16 (a) FILING AUTHORIZED.—Not later than 60 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Homeland Security, notwithstanding any other provi19 sion of law, shall, at an immigration court designated to 

20 conduct proceedings under section 235B of the Immigra21 tion and Nationality Act, permit an unaccompanied alien 

22 child who was issued a Notice to Appear under section 

23 239 of the Immigration and Nationality Act (8 U.S.C. 

24 1229) during the period beginning on January 1, 2013, 

25 and ending on the date of the enactment of this Act— 


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1 (1) to appear, in-person, before an immigration 

2 judge who has been authorized by the Attorney Gen3 eral to conduct proceedings under section 235B of 

4 the Immigration and Nationality Act, as added by 

5 section 102; 

6 (2) to attest to their desire to apply for admis7 sion to the United States; and 

8 (3) to file a motion— 

9 (A) to replace any Notice to Appear issued 

10 between January 1, 2013, and the date of the 

11 enactment of this Act under section 239 of the 

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

13 1229); and 

14 (B) to apply for admission to the United 

15 States by being placed in proceedings under 

16 section 235B of the Immigration and Nation17 ality Act. 

18 (b) MOTION GRANTED.—An immigration judge may, 

19 at the sole and unreviewable discretion of the judge, grant 

20 a motion filed under subsection (a)(3) upon a finding 

21 that— 

22 (1) the petitioner was an unaccompanied alien 

23 child (as such term is defined in section 462 of the 

24 Homeland Security Act of 2002 (6 U.S.C. 279)) on 


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1 the date on which a Notice to Appear described in 

2 subsection (a) was issued to the alien; 

3 (2) the Notice to Appear was issued during the 

4 period beginning on January 1, 2013, and ending on 

5 the date of the enactment of this Act; 

6 (3) the unaccompanied alien child is applying 

7 for admission to the United States; and 

8 (4) the granting of such motion would not be 

9 manifestly unjust. 

10 (c) EFFECT OF MOTION.—Notwithstanding any 

11 other provision of law, upon the granting of a motion to 

12 replace under subsection (b), the immigration judge who 

13 granted such motion shall— 

14 (1) while the petitioner remains in-person, im15 mediately inspect and screen the petitioner for ad16 mission to the United States by conducting a pro17 ceeding under section 235B of the Immigration and 

18 Nationality Act, as added by section 102; 

19 (2) immediately notify the petitioner of the peti20 tioner’s ability, under section 235B(c)(5) of the Im21 migration and Nationality Act to withdraw the peti22 tioner’s application for admission to the United 

23 States and immediately be returned to the peti24 tioner’s country of nationality or country of last ha25 bitual residence; and 


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1 (3) replace the petitioner’s notice to appear 

2 with an order under section 235B(e) of the Immi3 gration and Nationality Act. 

4 (d) PROTECTIVE CUSTODY.—An unaccompanied 

5 alien child who has been granted a motion under sub6 section (b) shall be held in the custody of the Secretary 

7 of Health and Human Services pursuant to section 235 

8 of the William Wilberforce Trafficking Victims Protection 

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

10 SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

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

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

13 shall designate up to 40 immigration judges, including 

14 through the hiring of retired immigration judges, adminis15 trative law judges, or magistrate judges, or the reassign16 ment of current immigration judges, that are dedicated 

17 to conducting humane and expedited inspection and 

18 screening for unaccompanied alien children under section 

19 235B of the Immigration and Nationality Act, as added 

20 by section 102. Such designations shall remain in effect 

21 solely for the duration of the humanitarian crisis at the 

22 southern border (as determined by the Secretary of Home23 land Security, in consultation with the Attorney General). 

24 (b) REQUIREMENT.—The Attorney General shall en25 sure that sufficient immigration judge resources are dediVerDate Mar 15 2010 00:08 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2772.PCS S2772

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1 cated to the purpose described in subsection (a) to comply 

2 with the requirement under section 235B(b)(1) of the Im3 migration and Nationality Act. 

4 SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAF5 FICKERS, SEX OFFENDERS, AND OTHER 

6 CRIMINALS. 

7 Section 235(c)(3) of the William Wilberforce Traf8 ficking Victims Protection Reauthorization Act of 2008 (8 

9 U.S.C. 1232(c)(3)) is amended— 

10 (1) in subparagraph (A), by inserting ‘‘, includ11 ing a mandatory biometric criminal history check’’ 

12 before the period at the end; and 

13 (2) by adding at the end the following— 

14 ‘‘(D) PROHIBITION ON PLACEMENT WITH

15 SEX OFFENDERS AND HUMAN TRAFFICKERS.— 

16 ‘‘(i) IN GENERAL.—The Secretary of 

17 Health and Human Services may not place 

18 an unaccompanied alien child in the cus19 tody of an individual who has been con20 victed of— 

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

22 section 111 of the Sex Offender Reg23 istration and Notification Act (42 

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


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1 ‘‘(II) a crime involving a severe 

2 form of trafficking in persons (as de3 fined in section 103 of the Trafficking 

4 Victims Protection Act of 2000 (22 

5 U.S.C. 7102)). 

6 ‘‘(ii) REQUIREMENTS OF CRIMINAL

7 BACKGROUND CHECK.—A biometric crimi8 nal history check under subparagraph (A) 

9 shall be based on a set of fingerprints or 

10 other biometric identifiers and conducted 

11 through— 

12 ‘‘(I) the Federal Bureau of Inves13 tigation; and 

14 ‘‘(II) criminal history repositories 

15 of all States that the individual lists 

16 as current or former residences.’’. 

17 SEC. 106. INCLUSION OF ADDITIONAL GROUNDS FOR PER 

18 SE INELIGIBILITY FOR ASYLUM. 

19 Section 208(b)(2)(A)(iii) of the Immigration and Na20 tionality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is amended by 

21 inserting after ‘‘a serious nonpolitical crime’’ the fol22 lowing: ‘‘(including any drug-related offense punishable by 

23 a term of imprisonment greater than 1 year)’’. 


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1 TITLE II—USE OF NATIONAL 

2 GUARD TO IMPROVE BORDER 

3 SECURITY 

4 SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPER5 ATIONS. 

6 (a) DEPLOYMENT AUTHORITY AND FUNDING.— 

7 Amounts appropriated for the Department of Defense in 

8 this Act shall be expended for any units or personnel of 

9 the National Guard deployed to perform operations and 

10 missions under section 502(f) of title 32, United States 

11 Code, on the southern border of the United States. 

12 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

13 (1) IN GENERAL.—National Guard units and 

14 personnel deployed under subsection (a) may be as15 signed such operations as may be necessary to pro16 vide assistance for operations on the southern bor17 der, with priority given to high traffic areas experi18 encing the highest number of crossings by unaccom19 panied alien children. 

20 (2) NATURE OF DUTY.—The duty of National 

21 Guard personnel performing operations and missions 

22 on the southern border shall be full-time duty under 

23 title 32, United States Code. 

24 (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec25 retary of Defense shall deploy such materiel and equipVerDate Mar 15 2010 00:08 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2772.PCS S2772

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1 ment and logistical support as may be necessary to ensure 

2 success of the operations and missions conducted by the 

3 National Guard under this section. 

4 (d) EXCLUSION FROM NATIONAL GUARD PER5 SONNEL STRENGTH LIMITATIONS.—National Guard per6 sonnel deployed under subsection (a) shall not be included 

7 in— 

8 (1) the calculation to determine compliance 

9 with limits on end strength for National Guard per10 sonnel; or 

11 (2) limits on the number of National Guard 

12 personnel that may be placed on active duty for 

13 operational support under section 115 of title 10, 

14 United States Code. 

15 (e) HIGH TRAFFIC AREAS DEFINED.—In this sec16 tion: 

17 (1) The term ‘‘high traffic areas’’ means sec18 tors along the northern and southern borders of the 

19 United States that are within the responsibility of 

20 the Border Patrol that have the most illicit cross21 border activity, informed through situational aware22 ness. 

23 (2) The term ‘‘unaccompanied alien child’’ 

24 means a child who— 


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1 (A) has no lawful immigration status in 

2 the United States; 

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

4 (C) with respect to whom— 

5 (i) there is no parent or legal guard6 ian in the United States; or 

7 (ii) no parent or legal guardian in the 

8 United States is available to provide care 

9 and physical custody. 

10 TITLE III—NATIONAL SECURITY 

11 AND FEDERAL LANDS PRO12 TECTION 

13 SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BOR14 DER SECURITY ON CERTAIN FEDERAL LAND. 

15 (a) PROHIBITION ON SECRETARIES OF THE INTE16 RIOR AND AGRICULTURE.—The Secretary of the Interior 

17 or the Secretary of Agriculture shall not impede, prohibit, 

18 or restrict activities of U.S. Customs and Border Protec19 tion on Federal land located within 100 miles of the 

20 United States border with Mexico that is under the juris21 diction of the Secretary of the Interior or the Secretary 

22 of Agriculture, to execute search and rescue operations, 

23 and to prevent all unlawful entries into the United States, 

24 including entries by terrorists, other unlawful aliens, in25 struments of terrorism, narcotics, and other contraband 


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1 through such international land border of the United 

2 States. These authorities of U.S. Customs and Border 

3 Protection on such Federal land apply whether or not a 

4 state of emergency exists. 

5 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

6 BORDER PROTECTION.—U.S. Customs and Border Pro7 tection shall have immediate access to Federal land within 

8 100 miles of the United States border with Mexico that 

9 is under the jurisdiction of the Secretary of the Interior 

10 or the Secretary of Agriculture for purposes of conducting 

11 the following activities on such land that prevent all un12 lawful entries into the United States, including entries by 

13 terrorists, other unlawful aliens, instruments of terrorism, 

14 narcotics, and other contraband through such inter15 national land border of the United States: 

16 (1) Construction and maintenance of roads. 

17 (2) Construction and maintenance of barriers. 

18 (3) Use of vehicles to patrol, apprehend, or res19 cue. 

20 (4) Installation, maintenance, and operation of 

21 communications and surveillance equipment and sen22 sors. 

23 (5) Deployment of temporary tactical infra24 structure. 


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1 (c) CLARIFICATION RELATING TO WAIVER AUTHOR2 ITY.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law (including any termination date re5 lating to the waiver referred to in this subsection), 

6 the waiver by the Secretary of Homeland Security 

7 on April 1, 2008, under section 102(c)(1) of the Ille8 gal Immigration Reform and Immigrant Responsi9 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

10 104–208) of the laws described in paragraph (2) 

11 with respect to certain sections of the international 

12 border between the United States and Mexico shall 

13 be considered to apply to all Federal land under the 

14 jurisdiction of the Secretary of the Interior or the 

15 Secretary of Agriculture within 100 miles of such 

16 international land border of the United States for 

17 the activities of U.S. Customs and Border Protection 

18 described in subsection (b). 

19 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

20 referred to in paragraph (1) are limited to the Wil21 derness Act (16 U.S.C. 1131 et seq.), the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 4321 

23 et seq.), the Endangered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.), the National Historic Preser25 vation Act (16 U.S.C. 470 et seq.), Public Law 86– 


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1 523 (16 U.S.C. 469 et seq.), the Act of June 8, 

2 1906 (commonly known as the ‘‘Antiquities Act of 

3 1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 

4 Rivers Act (16 U.S.C. 1271 et seq.), the Federal 

5 Land Policy and Management Act of 1976 (43 

6 U.S.C. 1701 et seq.), the National Wildlife Refuge 

7 System Administration Act of 1966 (16 U.S.C. 

8 668dd et seq.), the Fish and Wildlife Act of 1956 

9 (16 U.S.C. 742a et seq.), the Fish and Wildlife Co10 ordination Act (16 U.S.C. 661 et seq.), subchapter 

11 II of chapter 5, and chapter 7, of title 5, United 

12 States Code (commonly known as the ‘‘Administra13 tive Procedure Act’’), the National Park Service Or14 ganic Act (16 U.S.C. 1 et seq.), the General Au15 thorities Act of 1970 (Public Law 91–383) (16 

16 U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 

17 of the National Parks and Recreation Act of 1978 

18 (Public Law 95–625, 92 Stat. 3467), and the Ari19 zona Desert Wilderness Act of 1990 (16 U.S.C. 

20 1132 note; Public Law 101–628). 

21 (d) PROTECTION OF LEGAL USES.—This section 

22 shall not be construed to provide— 

23 (1) authority to restrict legal uses, such as 

24 grazing, hunting, mining, or public-use recreational 

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1 tion of the Secretary of the Interior or the Secretary 

2 of Agriculture; or 

3 (2) any additional authority to restrict legal ac4 cess to such land. 

5 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

6 Act shall— 

7 (1) have no force or effect on State or private 

8 lands; and 

9 (2) not provide authority on or access to State 

10 or private lands. 

11 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

12 supersedes, replaces, negates, or diminishes treaties or 

13 other agreements between the United States and Indian 

14 tribes. 

15 SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAU16 THORIZED ALIENS AT MILITARY INSTALLA17 TIONS. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the Secretary of Defense should not allow 

21 the placement of unauthorized aliens at a military 

22 installation unless— 

23 (A) the Secretary submits written notice to 

24 the congressional defense committees and each 

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1 tion in which an affected military installation is 

2 situated; and 

3 (B) the Secretary publishes notice in the 

4 Federal Register; 

5 (2) the placement of unauthorized aliens at a 

6 military institution should not displace active mem7 bers of the Armed Forces; 

8 (3) the placement of unauthorized aliens at a 

9 military institution should not interfere with any 

10 mission of the Department of Defense; 

11 (4) the Secretary of Health and Human Serv12 ices should not use a military installation for the 

13 placement of unauthorized aliens unless all other fa14 cilities of the Department of Health and Human 

15 Services are unavailable; 

16 (5) the Secretary of Health and Human Serv17 ices should not use a military installation for the 

18 placement of unauthorized aliens for more than 120 

19 days; 

20 (6) the Secretary of Health and Human Serv21 ices should ensure that all unauthorized alien chil22 dren are vaccinated upon arrival at a military instal23 lation as set forth in the guidelines of the Office of 

24 Refugee Resettlement; 


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1 (7) the Secretary of Health and Human Serv2 ices should ensure that all individuals under the su3 pervision of the Secretary with access to unauthor4 ized alien children at a military installation are 

5 properly cleared according to the procedures set 

6 forth in the Victims of Child Abuse Act of 1990 (42 

7 U.S.C. 13001 et seq.); 

8 (8) the Secretary of Health and Human Serv9 ices should fully comply with the provisions of the 

10 Victims of Child Abuse Act of 1990 (42 U.S.C. 

11 13001 et seq.) with respect to background checks 

12 and should retain full legal responsibility for such 

13 compliance; and 

14 (9) in accordance with section 1535 of title 31, 

15 United States Code (commonly referred to as the 

16 ‘‘Economy Act’’), the Secretary of Health and 

17 Human Services should reimburse the Secretary of 

18 Defense for all expenses incurred by the Secretary of 

19 Defense in carrying out the placement of unauthor20 ized aliens at a military installation. 

21 (b) DEFINITIONS.—In this section: 

22 (1) The term ‘‘congressional defense commit23 tees’’ has the meaning given that term in section 

24 101(a)(16) of title 10, United States Code. 


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1 (2) The term ‘‘Member of Congress’’ has the 

2 meaning given that term in section 1591(c)(1) of 

3 title 10, United States Code. 

4 (3) The term ‘‘military installation’’ has the 

5 meaning given that term in section 2801(c)(4) of 

6 title 10, United States Code, but does not include an 

7 installation located outside of the United States. 

8 (4) The term ‘‘placement’’ means the placement 

9 of an unauthorized alien in either a detention facility 

10 or an alternative to such a facility. 

11 (5) The term ‘‘unauthorized alien’’ means an 

12 alien unlawfully present in the United States, but 

13 does not include a dependent of a member of the 

14 Armed Forces. 


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Calendar No. 527 

113TH CONGRESS 

2D SESSION S. 2772 

A BILL 

Making supplemental appropriations for the fiscal 

purposes. year ending September 30, 2014, and for other 

AUGUST 1, 2014 

Read the second time and placed on the calendar 


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