DIVISION A - SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS
Secure the Southwest Border Supplemental Appropriations Act, 2014
Provides supplemental FY2014 appropriations to address the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the Southwest Border of the United States, and for other purposes.
TITLE I - DEPARTMENT OF HOMELAND SECURITY
Makes supplemental appropriations to the Department of Homeland Security (DHS), including for U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE).
(Sec. 101) Prohibits the use of funds provided by this title for a reprogramming or transfer of funds that proposes to use funds directed for a specific activity for a different purpose than for which the appropriations were provided.
(Sec. 102) Requires the Secretary of Homeland Security to provide Congress with quarterly reports that include specified details related to apprehensions of unaccompanied alien children at the border.
(Sec. 103) Rescinds specified unobligated balances available for Department of Homeland Security--Federal Emergency Management Agency--Disaster Relief Fund excluding any amounts Congress designated as an emergency requirement or as being for disaster relief.
(Sec. 104) Permits specified grants awarded under the Homeland Security Act of 2002 to be used by state and local law enforcement and public safety agencies along the Southwest Border of the United States for costs related to combating illegal immigration and drug smuggling and providing humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor who have entered the United States.
(Sec. 105) Requires the Secretary of Homeland Security to provide funding transferred to DHS pursuant to this Act to states along the Southwest Border of the United States as reimbursement for necessary costs of National Guard personnel activated and deployed for border security.
TITLE II - DEPARTMENT OF DEFENSE - MILITARY
Makes supplemental appropriations to the Department of Defense (DOD) for military personnel and operation and maintenance (O&M) for necessary expenses related to the Southwest border of the United States.
(Sec. 201) Rescinds specified unobligated balances appropriated for defense-wide O&M to reflect excess cash balances in the Department of Defense Working Capital Funds.
(Sec. 202) Requires the Secretary of Defense to transfer National Guard personnel funds to DHS to reimburse the states for costs of any units or personnel of the National Guard deployed in support of a southern border mission.
TITLE III - DEPARTMENT OF JUSTICE
Makes supplemental appropriations to the Department of Justice (DOJ) for general administration for administrative review and appeals for necessary expenses to respond to the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the Southwest Border of the United States.
(Sec. 301) Rescinds specified unobligated balances available for Department of Justice--Legal Activities--Assets Forfeiture Fund.
TITLE IV - GENERAL PROVISIONS - THIS TITLE
Specifies other authorized, restricted, and prohibited uses of appropriated funds.
(Sec. 401) Permits funds previously appropriated for the Department of State, foreign operations, and related programs for assistance to the countries in Central America to be used for repatriation and reintegration activities.
Requires the Secretary of State to submit to the appropriate congressional committees a report on the obligation of funds made available pursuant to this section by country, including steps taken by the government of each country to: (1) improve border security; (2) enforce, enact, and implement, laws and policies to stem the flow of illegal entries into the United States; (3) conduct public outreach campaigns to explain the dangers of the journey to the Southwest Border of the United States; and (4) cooperate with U.S. federal agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants.
Requires the Secretary of State to suspend assistance provided by this section to the government of a country if the government is not making significant progress on the items above.
(Sec. 402) Rescinds specified unexpended balances appropriated to the President for bilateral economic assistance under the heading "Economic Support Fund" excluding any amounts that Congress designated as for Overseas Contingency Operations/ Global War on Terror or as an emergency requirement.
TITLE V - DEPARTMENT OF HEALTH AND HUMAN SERVICES
Makes supplemental appropriations to the Department of Health and Human Services (HHS) for administration for children and families including refugee and entrant assistance.
DIVISION B - SECURE THE SOUTHWEST BORDER ACT OF 2014
Secure the Southwest Border Act of 2014
Amends existing laws and procedures related to the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the Southwest Border of the United States
TITLE I - PROTECTING CHILDREN
(Sec. 101) Amends the William Wilberforce Trafficking Victims Protection Authorization Act of 2008 to change the procedures for processing unaccompanied alien children who arrive at the border from certain countries.
(Sec. 102) Requires that, in any removal proceeding under section 240 of the Immigration and Nationality Act, with respect to an unaccompanied child, priority be accorded to the alien who has most recently arrived in the United States.
(Sec. 103) Provides emergency immigration judge resources by requiring the Attorney General to designate up to 40 immigration judges. Provides that the designations shall remain in effect solely for the duration of the humanitarian crisis at the southern border.
(Sec. 104) Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to require a mandatory biometric criminal history check as a part of the Department of Health and Human Services (HHS) determination that a proposed custodian is capable of providing for a child's physical and mental well-being.
Prohibits HHS from placing an unaccompanied child in the custody of an individual who has been convicted of specified sex offenses and crimes involving a severe form of trafficking in persons.
(Sec. 105) Amends the Immigration and Nationality Act to include the commission of certain drug-related offenses as grounds for per se ineligibility for asylum.
TITLE II - USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY
(Sec. 201) Permits appropriations provided to DOD under this Act to be used for the National Guard to provide support for operations on the southern border.
TITLE III - NATIONAL SECURITY AND FEDERAL LANDS PROTECTION
(Sec. 301) Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from impeding, prohibiting, or restricting CBP activities to execute search and rescue operations and prevent unlawful entries into the United States on federal lands located within 100 miles of the U.S. border with Mexico.
Provides that CBP shall have immediate access to federal land within 100 miles of the U.S. border for conducting activities related to preventing unlawful entries into the United States, including construction and maintenance of roads and barriers; use of vehicles to patrol, apprehend, or rescue; installation, maintenance, and operation of communications and surveillance equipment and sensors; and deployment of temporary tactical infrastructure.
States that the authority of the Secretary of Homeland Security to waive specific legal requirements with respect to certain sections of the border between the United States and Mexico shall be considered to apply to all federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the border with respect to the activities of the CBP describe above. Specifies the laws that may be waived under this provision.
(Sec. 302) Expresses the sense of Congress that the Secretary of Defense should not allow the placement of unauthorized aliens at military installations unless certain conditions are met.
(Sec. 303) Prohibits the Secretary of Defense from allowing placement of unauthorized aliens at a military institution in the United States if the use of the military institution to house or care for unauthorized aliens would displace members of the Armed Forces or interfere with activities of the Armed Forces.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5230 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5230
Making supplemental appropriations for the fiscal year ending September
30, 2014, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2014
Mr. Rogers of Kentucky introduced the following bill; which was
referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making supplemental appropriations for the fiscal year ending September
30, 2014, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2014, and for
other purposes, namely:
DIVISION A--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS
TITLE I
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$71,000,000, to remain available until September 30, 2015, for
necessary expenses to apprehend, transport, and provide temporary
shelter associated with the significant rise in unaccompanied alien
children and alien adults accompanied by an alien minor at the
Southwest Border of the United States, including related activities to
secure the border, disrupt transnational crime, and the necessary
acquisition, construction, improvement, repair, and management of
facilities: Provided, That not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate an obligation and quarterly expenditure plan for these
funds: Provided further, That the Secretary shall provide to such
Committees quarterly updates on the expenditure of these funds.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$334,000,000, to remain available until September 30, 2015, for
necessary expenses to respond to the significant rise in unaccompanied
alien children and alien adults accompanied by an alien minor at the
Southwest Border of the United States, including for enforcement of
immigration and customs law, including detention and removal
operations, of which $262,000,000 shall be for Custody Operations and
$72,000,000 shall be for Transportation and Removal operations:
Provided, That not later than 30 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate an obligation and quarterly expenditure plan for these funds:
Provided further, That the Secretary shall provide to such Committees
quarterly updates on the expenditure of these funds.
GENERAL PROVISIONS--THIS TITLE
(including rescission)
Sec. 101. Notwithstanding any other provision of law, none of the
funds provided by this title shall be available for obligation or
expenditure through a reprogramming or transfer of funds that proposes
to use funds directed for a specific activity by either of the
Committees on Appropriations of the House of Representatives or the
Senate for a different purpose than for which the appropriations were
provided: Provided, That prior to the obligation of such funds, a
request for approval shall be submitted to such Committees.
Sec. 102. The Secretary of Homeland Security shall provide to the
Congress quarterly reports that include: (1) the number of
apprehensions at the border delineated by unaccompanied alien children
and alien adults accompanied by an alien minor; (2) the number of
claims of a credible fear of persecution delineated by unaccompanied
alien children and alien adults accompanied by an alien minor, and the
number of determinations of valid claims of a credible fear of
persecution delineated by unaccompanied alien children and alien adults
accompanied by an alien minor; (3) the number of unaccompanied alien
children and alien adults accompanied by an alien minor granted asylum
by an immigration judge, delineated by year of apprehension; (4) the
number of alien adults accompanied by an alien minor in detention
facilities, alternatives to detention, and other non-detention forms of
supervision; and (5) the number of removals delineated by unaccompanied
alien children and alien adults accompanied by an alien minor.
Sec. 103. Of the unobligated balance available for ``Department of
Homeland Security--Federal Emergency Management Agency--Disaster Relief
Fund'', $405,000,000 is rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on a budget
or the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That no amounts may be rescinded from the amounts
that were designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 104. Notwithstanding any other provision of law, grants
awarded under sections 2003 or 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604 and 605) using funds provided under the heading
``Federal Emergency Management Agency--State and Local Programs'' in
division F of Public Law 113-76, division D of Public Law 113-6, or
division D of Public Law 112-74 may be used by State and local law
enforcement and public safety agencies within local units of government
along the Southwest Border of the United States for costs incurred
during the award period of performance for personnel, overtime, travel,
costs related to combating illegal immigration and drug smuggling, and
costs related to providing humanitarian relief to unaccompanied alien
children and alien adults accompanied by an alien minor who have
entered the United States.
TITLE II
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$12,419,000, to remain available until September 30, 2015, for
necessary expenses related to the Southwest Border of the United
States.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $2,258,000, to remain available until September 30, 2015, for
necessary expenses related to the Southwest Border of the United
States.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $15,807,000, to remain available until September 30,
2015, for necessary expenses related to the Southwest Border of the
United States.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $4,516,000, to remain available until September 30,
2015, for necessary expenses related to the Southwest Border of the
United States.
GENERAL PROVISION--THIS TITLE
(rescission)
Sec. 201. Of the unobligated balances of amounts appropriated in
title II of division C of Public Law 113-76 for ``Operation and
Maintenance, Defense-Wide'', $35,000,000 is hereby rescinded to reflect
excess cash balances in Department of Defense Working Capital Funds.
TITLE III
DEPARTMENT OF JUSTICE
General Administration
administrative review and appeals
For an additional amount for ``Administrative Review and Appeals''
for necessary expenses to respond to the significant rise in
unaccompanied alien children and alien adults accompanied by an alien
minor at the Southwest Border of the United States, $22,000,000, to
remain available until September 30, 2015, of which $12,900,000 shall
be for additional temporary immigration judges and related expenses,
and $9,100,000 shall be for technology for judges to expedite the
adjudication of immigration cases.
GENERAL PROVISION--THIS TITLE
(rescission)
Sec. 301. Of the unobligated balances available for ``Department
of Justice--Legal Activities--Assets Forfeiture Fund'', $22,000,000 is
hereby permanently rescinded.
TITLE IV
GENERAL PROVISIONS--THIS TITLE
Repatriation and Reintegration
Sec. 401. (a) Repatriation and Reintegration.--Of the funds
appropriated in titles III and IV of division K of Public Law 113-76,
and in prior Acts making appropriations for the Department of State,
foreign operations, and related programs, for assistance for the
countries in Central America, up to $40,000,000 shall be made available
for such countries for repatriation and reintegration activities:
Provided, That funds made available pursuant to this section may be
obligated notwithstanding subsections (c) and (e) of section 7045 of
division K of Public Law 113-76.
(b) Report.--Prior to the initial obligation of funds made
available pursuant to this section, but not later than 15 days after
the date of enactment of this Act, and every 90 days thereafter until
September 30, 2015, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees a
report on the obligation of funds made available pursuant to this
section by country and the steps taken by the government of each
country to--
(1) improve border security;
(2) enforce laws and policies to stem the flow of illegal
entries into the United States;
(3) enact laws and implement new policies to stem the flow
of illegal entries into the United States, including increasing
penalties for human smuggling;
(4) conduct public outreach campaigns to explain the
dangers of the journey to the Southwest Border of the United
States and to emphasize the lack of immigration benefits
available; and
(5) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the Southwest
Border of the United States.
(c) Suspension of Assistance.--The Secretary of State shall suspend
assistance provided pursuant to this section to the government of a
country if such government is not making significant progress on each
item described in paragraphs (1) through (5) of subsection (b):
Provided, That assistance may only be resumed if the Secretary reports
to the appropriate congressional committees that subsequent to the
suspension of assistance such government is making significant progress
on each of the items enumerated in such subsection.
(d) Notification Requirement.--Funds made available pursuant to
this section shall be subject to the regular notification procedures of
the Committees on Appropriations of the House of Representatives and
the Senate.
(rescission)
Sec. 402. Of the unexpended balances available to the President
for bilateral economic assistance under the heading ``Economic Support
Fund'' from prior Acts making appropriations for the Department of
State, foreign operations, and related programs, $197,000,000 is
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 or as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$197,000,000, to be merged with and available for the same time period
and for the same purposes as the funds made available under this
heading in division H of Public Law 113-76 ``for carrying out such
sections 414, 501, 462, and 235'': Provided, That of this amount,
$47,000,000 shall be for the Social Services and Targeted Assistance
programs.
This division may be cited as the ``Secure the Southwest Border
Supplemental Appropriations Act, 2014''.
DIVISION B--SECURE THE SOUTHWEST BORDER ACT OF 2014
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Secure the
Southwest Border Act of 2014''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
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.
TITLE I--PROTECTING CHILDREN
SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
Section 235(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
(1) in paragraph (2)--
(A) by amending the paragraph heading to read as
follows: ``Rules for unaccompanied alien children'';
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``who is a national or habitual
resident of a country that is contiguous with the
United States''; and
(C) in subparagraph (C)--
(i) by amending the subparagraph heading to
read as follows: ``Agreements with foreign
countries''; and
(ii) in the matter preceding clause (i), by
striking ``countries contiguous to the United
States'' and inserting ``Canada, El Salvador,
Guatemala, Honduras, Mexico, and any other
foreign country that the Secretary determines
appropriate''; and
(2) in paragraph (5)(D)--
(A) in the subparagraph heading, by striking
``Placement in removal proceedings'' and inserting
``Expedited due process and screening for unaccompanied
alien children'';
(B) in the matter preceding clause (i), by striking
``, except for an unaccompanied alien child from a
contiguous country subject to the exceptions under
subsection (a)(2), shall be--'' and inserting ``who
meets the criteria listed in paragraph (2)(A)--'';
(C) by striking clause (i) and inserting the
following:
``(i) shall be placed in a proceeding in
accordance with section 235B of the Immigration
and Nationality Act, which shall commence not
later than 7 days after the screening of an
unaccompanied alien child described in
paragraph (4);'';
(D) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the immediate
custody of a nongovernmental sponsor or
otherwise released from the custody of the
United States Government until the child is
repatriated unless the child is the subject of
an order under section 235B(e)(1) of the
Immigration and Nationality Act;'';
(F) in clause (iii), as redesignated, by inserting
``is'' before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting
``shall be'' before ``provided''.
SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF UNACCOMPANIED ALIEN
CHILDREN.
(a) Amendments to Immigration and Nationality Act.--
(1) In general.--Chapter 4 of the Immigration and
Nationality Act is amended by inserting after section 235A the
following:
``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING FOR
UNACCOMPANIED ALIEN CHILDREN.
``(a) Defined Term.--In this section, the term `asylum officer' had
the meaning given such term in section 235(b)(1)(E) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(E)).
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(4) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)),
an immigration judge shall conduct a proceeding to inspect,
screen, and determine the status of an unaccompanied alien
child who is an applicant for admission to the United States.
``(2) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the alien and
any witnesses;
``(B) may issue subpoenas for the attendance of
witnesses and presentation of evidence; and
``(C) is authorized to sanction by civil money
penalty any action (or inaction) in contempt of the
judge's proper exercise of authority under this Act.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in
the absence of the alien;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of an alien's mental incompetency for the alien to be present
at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the alien shall be given the privilege of
being represented, at no expense to the Government, by
counsel of the alien's choosing who is authorized to
practice in such proceedings;
``(B) the alien shall be given a reasonable
opportunity--
``(i) to examine the evidence against the
alien;
``(ii) to present evidence on the alien's
own behalf; and
``(iii) to cross-examine witnesses
presented by the Government;
``(C) the rights set forth in subparagraph (B)
shall not entitle the alien--
``(i) to examine such national security
information as the Government may proffer in
opposition to the alien's admission to the
United States; or
``(ii) to an application by the alien for
discretionary relief under this Act; and
``(D) a complete record shall be kept of all
testimony and evidence produced at the proceeding.
``(5) Withdrawal of application for admission.--In the
discretion of the Attorney General, an alien applying for
admission to the United States may, and at any time, be
permitted to withdraw such application and immediately be
returned to the alien's country of nationality or country of
last habitual residence.
``(6) Consequences of failure to appear.--Any alien who
fails to appear at a proceeding required under this section,
shall be ordered removed in absentia if the Government
establishes by a preponderance of the evidence that the alien
was at fault for their absence from the proceedings.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a
proceeding under this section, the immigration judge
shall determine whether an unaccompanied alien child is
likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from
removal under this Act.
``(B) Evidence.--The determination of the
immigration judge under subparagraph (A) shall be based
only on the evidence produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this
section, an alien who is an applicant for admission has
the burden of establishing, by a preponderance of the
evidence, that the alien--
``(i) is likely to be entitled to be
lawfully admitted to the United States or
eligible for any form of relief from removal
under this Act; or
``(ii) is lawfully present in the United
States pursuant to a prior admission.
``(B) Access to documents.--In meeting the burden
of proof under subparagraph (A)(ii), the alien shall be
given access to--
``(i) the alien's visa or other entry
document, if any; and
``(ii) any other records and documents, not
considered by the Attorney General to be
confidential, pertaining to the alien's
admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met the
burden of proof under subsection (d)(2), the judge shall order
the alien to be placed in further proceedings in accordance
with section 240.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under
section 208; or
``(B) a fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, the judge
shall order the alien referred for an interview by an asylum
officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Defined term.--In this subsection, the term `credible
fear of persecution' has the meaning given such term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
``(2) Conduct by asylum officer.--An asylum officer shall
conduct interviews of aliens referred under subsection (e)(3).
``(3) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
credible fear of persecution, the alien shall be held in the
custody of the Secretary of Health and Human Services pursuant
to section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)) during further consideration of the application for
asylum.
``(4) Removal without further review if no credible fear of
persecution.--
``(A) In general.--Subject to subparagraph (C), if
the asylum officer determines that an alien does not
have a credible fear of persecution the officer shall
order the alien removed from the United States without
further hearing or review.
``(B) Record of determination.--The officer shall
prepare a written record of a determination under
subparagraph (A), which shall include--
``(i) a summary of the material facts as
stated by the applicant;
``(ii) such additional facts (if any)
relied upon by the officer;
``(iii) the officer's analysis of why, in
light of such facts, the alien has not
established a credible fear of persecution; and
``(iv) a copy of the officer's interview
notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General
shall establish, by regulation, a process by
which an immigration judge will conduct a
prompt review, upon the alien's request, of a
determination under subparagraph (A) that the
alien does not have a credible fear of
persecution.
``(ii) Mandatory components.--The review
described in clause (i)--
``(I) shall include an opportunity
for the alien to be heard and
questioned by the immigration judge,
either in person or by telephonic or
video connection; and
``(II) shall be conducted--
``(aa) as expeditiously as
possible;
``(bb) within the 24-hour
period beginning at the time
the asylum officer makes a
determination under
subparagraph (A), to the
maximum extent practicable; and
``(cc) in no case later
than 7 days after such
determination.
``(5) Mandatory protective custody.--Any alien subject to
the procedures under this subsection shall be held in the
custody of the Secretary of Health and Human Services pursuant
to section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b))--
``(A) pending a final determination of an asylum
application under section 208; or
``(B) after a determination that the alien does not
have a credible fear of persecution, until the alien is
removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or as
permitted under penalty of perjury under section 1746 of title
28, United States Code, after having been warned of the penal
ties for falsely making such claim under such conditions to
have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.
``(h) Last In, First Out.--In any proceedings, determinations, or
removals under this section, priority shall be accorded to the alien
who has most recently arrived in the United States.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 235A
the following:
``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.
(b) Judicial Review of Orders of Removal.--Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, or an order
of removal issued to an unaccompanied alien child after
proceedings under section 235B'' after ``section
235(b)(1)''; and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after
``section 235(b)(1)'' each place it appears;
and
(ii) in subparagraph (A)--
(I) in the subparagraph heading, by
inserting ``or 235b'' after ``section
235(b)(1)''; and
(II) in clause (iii), by striking
``section 235(b)(1)(B),'' and inserting
``section 235(b)(1)(B) or 235B(f);'';
and
(2) in subsection (e)--
(A) in the subsection heading, by inserting ``or
235B'' after ``Section 235(b)(1)'';
(B) by inserting ``or section 235B'' after
``section 235(b)(1)'' in each place it appears;
(C) in subparagraph (2)(C), by inserting ``or
section 235B(g)'' after ``section 235(b)(1)(C)''; and
(D) in subparagraph (3)(A), by inserting ``or
section 235B'' after ``section 235(b)''.
SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOMPANIED ALIEN CHILDREN
PRESENT IN THE UNITED STATES.
(a) Filing Authorized.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
notwithstanding any other provision of law, shall, at an immigration
court designated to conduct proceedings under section 235B of the
Immigration and Nationality Act, permit an unaccompanied alien child
who was issued a Notice to Appear under section 239 of the Immigration
and Nationality Act (8 U.S.C. 1229) during the period beginning on
January 1, 2013, and ending on the date of the enactment of this Act--
(1) to appear, in-person, before an immigration judge who
has been authorized by the Attorney General to conduct
proceedings under section 235B of the Immigration and
Nationality Act, as added by section 102;
(2) to attest to their desire to apply for admission to the
United States; and
(3) to file a motion--
(A) to replace any Notice to Appear issued between
January 1, 2013, and the date of the enactment of this
Act under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229); and
(B) to apply for admission to the United States by
being placed in proceedings under section 235B of the
Immigration and Nationality Act.
(b) Motion Granted.--An immigration judge may, at the sole and
unreviewable discretion of the judge, grant a motion filed under
subsection (a)(3) upon a finding that--
(1) the petitioner was an unaccompanied alien child (as
such term is defined in section 462 of the Homeland Security
Act of 2002 (6 U.S.C. 279)) on the date on which a Notice to
Appear described in subsection (a) was issued to the alien;
(2) the Notice to Appear was issued during the period
beginning on January 1, 2013, and ending on the date of the
enactment of this Act;
(3) the unaccompanied alien child is applying for admission
to the United States; and
(4) the granting of such motion would not be manifestly
unjust.
(c) Effect of Motion.--Notwithstanding any other provision of law,
upon the granting of a motion to replace under subsection (b), the
immigration judge who granted such motion shall--
(1) while the petitioner remains in-person, immediately
inspect and screen the petitioner for admission to the United
States by conducting a proceeding under section 235B of the
Immigration and Nationality Act, as added by section 102;
(2) immediately notify the petitioner of the petitioner's
ability, under section 235B(c)(5) of the Immigration and
Nationality Act to withdraw the petitioner's application for
admission to the United States and immediately be returned to
the petitioner's country of nationality or country of last
habitual residence; and
(3) replace the petitioner's notice to appear with an order
under section 235B(e) of the Immigration and Nationality Act.
(d) Protective Custody.--An unaccompanied alien child who has been
granted a motion under subsection (b) shall be held in the custody of
the Secretary of Health and Human Services pursuant to section 235 of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232).
SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES.
(a) Designation.--Not later than 14 days after the date of the
enactment of this Act, the Attorney General shall designate up to 40
immigration judges, including through the hiring of retired immigration
judges, administrative law judges, or magistrate judges, or the
reassignment of current immigration judges, that are dedicated to
conducting humane and expedited inspection and screening for
unaccompanied alien children under section 235B of the Immigration and
Nationality Act, as added by section 102. Such designations shall
remain in effect solely for the duration of the humanitarian crisis at
the southern border (as determined by the Secretary of Homeland
Security, in consultation with the Attorney General).
(b) Requirement.--The Attorney General shall ensure that sufficient
immigration judge resources are dedicated to the purpose described in
subsection (a) to comply with the requirement under section 235B(b)(1)
of the Immigration and Nationality Act.
SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX OFFENDERS,
AND OTHER CRIMINALS.
Section 235(c)(3) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is
amended--
(1) in subparagraph (A), by inserting ``, including a
mandatory biometric criminal history check'' before the period
at the end; and
(2) by adding at the end the following--
``(D) Prohibition on placement with sex offenders
and human traffickers.--
``(i) In general.--The Secretary of Health
and Human Services may not place an
unaccompanied alien child in the custody of an
individual who has been convicted of--
``(I) a sex offense (as defined in
section 111 of the Sex Offender
Registration and Notification Act (42
U.S.C. 16911)); or
``(II) a crime involving a severe
form of trafficking in persons (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)).
``(ii) Requirements of criminal background
check.--A biometric criminal history check
under subparagraph (A) shall be based on a set
of fingerprints or other biometric identifiers
and conducted through--
``(I) the Federal Bureau of
Investigation; and
``(II) criminal history
repositories of all States that the
individual lists as current or former
residences.''.
SEC. 106. INCLUSION OF ADDITIONAL GROUNDS FOR PER SE INELIGIBILITY FOR
ASYLUM.
Section 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)(A)(iii)) is amended by inserting after ``a serious
nonpolitical crime'' the following: ``(including any drug-related
offense punishable by a term of imprisonment greater than 1 year)''.
TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY
SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPERATIONS.
(a) Deployment Authority and Funding.--Amounts appropriated for the
Department of Defense in this Act shall be expended for any units or
personnel of the National Guard deployed to perform operations and
missions under section 502(f) of title 32, United States Code, on the
southern border of the United States.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
as may be necessary to provide assistance for operations on the
southern border, with priority given to high traffic areas
experiencing the highest number of crossings by unaccompanied
alien children.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions on the southern border shall
be full-time duty under title 32, United States Code.
(c) Materiel and Logistical Support.--The Secretary of Defense
shall deploy such materiel and equipment and logistical support as may
be necessary to ensure success of the operations and missions conducted
by the National Guard under this section.
(d) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be
included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; or
(2) limits on the number of National Guard personnel that
may be placed on active duty for operational support under
section 115 of title 10, United States Code.
(e) High Traffic Areas Defined.--In this section:
(1) The term ``high traffic areas'' means sectors along the
northern and southern borders of the United States that are
within the responsibility of the Border Patrol that have the
most illicit cross-border activity, informed through
situational awareness.
(2) The term ``unaccompanied alien child'' means a child
who--
(A) has no lawful immigration status in the United
States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal guardian in
the United States; or
(ii) no parent or legal guardian in the
United States is available to provide care and
physical custody.
TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION
SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN
FEDERAL LAND.
(a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not
impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on Federal land located within 100 miles of the United
States border with Mexico that is under the jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture, to execute
search and rescue operations, and to prevent all unlawful entries into
the United States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband
through such international land border of the United States. These
authorities of U.S. Customs and Border Protection on such Federal land
apply whether or not a state of emergency exists.
(b) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to
Federal land within 100 miles of the United States border with Mexico
that is under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture for purposes of conducting the following
activities on such land that prevent all unlawful entries into the
United States, including entries by terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband through such
international land border of the United States:
(1) Construction and maintenance of roads.
(2) Construction and maintenance of barriers.
(3) Use of vehicles to patrol, apprehend, or rescue.
(4) Installation, maintenance, and operation of
communications and surveillance equipment and sensors.
(5) Deployment of temporary tactical infrastructure.
(c) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver referred
to in this subsection), the waiver by the Secretary of Homeland
Security on April 1, 2008, under section 102(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws
described in paragraph (2) with respect to certain sections of
the international border between the United States and Mexico
shall be considered to apply to all Federal land under the
jurisdiction of the Secretary of the Interior or the Secretary
of Agriculture within 100 miles of such international land
border of the United States for the activities of U.S. Customs
and Border Protection described in subsection (b).
(2) Description of laws waived.--The laws referred to in
paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131
et seq.), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the National Historic Preservation Act
(16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et
seq.), the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of
1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), subchapter II of
chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the ``Administrative Procedure Act''), the
National Park Service Organic Act (16 U.S.C. 1 et seq.), the
General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C.
1a-1 et seq.), sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat.
3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C.
1132 note; Public Law 101-628).
(d) Protection of Legal Uses.--This section shall not be construed
to provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or public-use recreational and backcountry
airstrips on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(e) Effect on State and Private Land.--This Act shall--
(1) have no force or effect on State or private lands; and
(2) not provide authority on or access to State or private
lands.
(f) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes treaties or other agreements between
the United States and Indian tribes.
SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAUTHORIZED ALIENS AT
MILITARY INSTALLATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should not allow the placement
of unauthorized aliens at a military installation unless--
(A) the Secretary submits written notice to the
congressional defense committees and each Member of
Congress representing any jurisdiction in which an
affected military installation is situated; and
(B) the Secretary publishes notice in the Federal
Register;
(2) the placement of unauthorized aliens at a military
institution should not displace active members of the Armed
Forces;
(3) the placement of unauthorized aliens at a military
institution should not interfere with any mission of the
Department of Defense;
(4) the Secretary of Health and Human Services should not
use a military installation for the placement of unauthorized
aliens unless all other facilities of the Department of Health
and Human Services are unavailable;
(5) the Secretary of Health and Human Services should not
use a military installation for the placement of unauthorized
aliens for more than 120 days;
(6) the Secretary of Health and Human Services should
ensure that all unauthorized alien children are vaccinated upon
arrival at a military installation as set forth in the
guidelines of the Office of Refugee Resettlement;
(7) the Secretary of Health and Human Services should
ensure that all individuals under the supervision of the
Secretary with access to unauthorized alien children at a
military installation are properly cleared according to the
procedures set forth in the Victims of Child Abuse Act of 1990
(42 U.S.C. 13001 et seq.);
(8) the Secretary of Health and Human Services should fully
comply with the provisions of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.) with respect to background
checks and should retain full legal responsibility for such
compliance; and
(9) in accordance with section 1535 of title 31, United
States Code (commonly referred to as the ``Economy Act''), the
Secretary of Health and Human Services should reimburse the
Secretary of Defense for all expenses incurred by the Secretary
of Defense in carrying out the placement of unauthorized aliens
at a military installation.
(b) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(2) The term ``Member of Congress'' has the meaning given
that term in section 1591(c)(1) of title 10, United States
Code.
(3) The term ``military installation'' has the meaning
given that term in section 2801(c)(4) of title 10, United
States Code, but does not include an installation located
outside of the United States.
(4) The term ``placement'' means the placement of an
unauthorized alien in either a detention facility or an
alternative to such a facility.
(5) The term ``unauthorized alien'' means an alien
unlawfully present in the United States, but does not include a
dependent of a member of the Armed Forces.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Appropriations.
Rules Committee Resolution H. Res. 696 Reported to House. The rule makes in order one hour of debate each for H.R. 5230 and H.R. 5272. The rule also makes in order for one hour debate on a motion that the House disagree to the Senate amendment to H.R. 5021. Any motion pursuant to clause 4 of rule XXII relating to H.R. 5021 may be offered only by the Majority Leader or his designee. It shall be in order at any time on the legislative day of July 31, 2014 for the Speaker to entertain motions to suspend the rules.
Considered under the provisions of rule H. Res. 696. (consideration: CR H7153-7169; text of measure as introduced: CR H7153-7158)
The rule makes in order one hour of debate each for H.R. 5230 and H.R. 5272. The rule also makes in order for one hour debate on a motion that the House disagree to the Senate amendment to H.R. 5021. Any motion pursuant to clause 4 of rule XXII relating to H.R. 5021 may be offered only by the Majority Leader or his designee. It shall be in order at any time on the legislative day of July 31, 2014 for the Speaker to entertain motions to suspend the rules.
DEBATE - The House proceeded with one hour of debate on H.R. 5230.
The previous question was ordered pursuant to the rule. (consideration: CR H7169)
POSTPONED PROCEEDINGS - The Chair announced that pursuant to clause 1(c) of rule XIX, further proceedings on H.R. 5230 would be postponed.
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Rules Committee Resolution H. Res. 710 Reported to House. Provides for further consideration of H.R. 5230 and for consideration of H.R. 5272. Both bills are debatable for 1 hour. The amendments to H.R. 5230printed in part A of the report shall be considered as adopted. The amendment to H.R. 5272 printed in Part B of the report shall be considered as adopted. The rule provides for one motion to recommit with or without instructions for each measure. The rule amends section 2 of H.Res. 700 to allow for motions to suspend the rules with respect to a measure addressing missile defense of Israel.
Pursuant to clause 1(c) of Rule XIX, the Speaker announced that further proceedings were resumed on H.R. 5230.
Considered as unfinished business. (consideration: CR H7213-7228)
DEBATE - Pursuant to the provisions of H.Res. 710 the House proceeded with one hour of debate on H.R. 5230.
The previous question was ordered pursuant to the rule. (consideration: CR H7228)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 223 - 189 (Roll no. 478).(text: CR H7213-7216)
Roll Call #478 (House)On passage Passed by the Yeas and Nays: 223 - 189 (Roll no. 478). (text: CR H7213-7216)
Roll Call #478 (House)Motion to reconsider laid on the table. Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 550.