Division A — Supplemental appropriations

S. 2773 · 113th Congress · Jul 31, 2014 · Lineage

A Supplemental appropriations

I

II

Sec. 201

(a)

For an additional amount for meeting the data collection and reporting requirements of this Act , $5,000,000.

(b)

Notwithstanding section 503 of Division F of the Consolidated Appropriations Act, 2014 (Public Law 113–76), funds made available under subsection (a) for data collection and reporting requirements may be transferred by the Secretary of Homeland Security between appropriations for the same purpose.

(c)

The Secretary may not make a transfer described in subsection (b) until 15 days after notifying the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives of such transfer.

III

Sec. 301

Of the funds made available for performance bonus payments under section 2105(a)(3)(E) of the Social Security Act (42 U.S.C. 1397ee(a)(3)(E)), $1,700,000,000 is rescinded.

IV

Sec. 401

(a)

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)

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)

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)

Funds made available pursuant to this section shall be subject to the regular notification procedures of the Committee on Appropriations of the Senate and the Committee on Appropriations of House of Representatives and the Senate.

V

Sec. 501

Not later than 30 days after the date of the enactment of this Act, the Attorney General, working in coordination with the Secretary of Homeland Security and the Secretary of Health and Human Services, shall institute a process for collecting, exchanging, and sharing specific data pertaining to individuals whose cases will be adjudicated by the Executive Office for Immigration Review that ensures that—

(1)

the Department of Justice is capable of electronically receiving information from the Department of Homeland Security and the Department of Health and Human Services related to the apprehension, processing, detention, placement, and adjudication of such individuals, including unaccompanied alien children;

(2)

case files prepared by the Department of Homeland Security after an individual has been issued a notice to appear are electronically integrated with information collected by the Department of Justice’s Executive Office for Immigration Review during the adjudication process;

(3)

cases are coded to reflect immigration status and appropriate categories at apprehension, such as unaccompanied alien children and family units;

(4)

information pertaining to cases and dockets are collected and maintained by the Department of Justice in an electronic, searchable database that includes—

(A)

the status of the individual appearing before the court upon apprehension;

(B)

the docket upon which the case is placed;

(C)

the individual’s presence for court proceedings;

(D)

the final disposition of each case;

(E)

the number of days each case remained on the docket before final disposition; and

(F)

any other information the Attorney General determines to be necessary and appropriate; and

(5)

the final disposition of an adjudication or an order of removal is electronically submitted to—

(A)

the Department of Homeland Security; and

(B)

the Department of Health and Human Services, if appropriate.

Sec. 502

Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security, working in coordination with the Attorney General and the Secretary of Health and Human Services, shall institute a process for collecting, exchanging, and sharing specific data pertaining to individuals who are apprehended or encountered for immigration enforcement purposes by the Department of Homeland Security that ensures that—

(1)

case files prepared by the Department of Homeland Security after an individual has been issued a notice to appear are electronically transmitted to—

(A)

the Department of Justice’s Executive Office for Immigration Review for integration with case files prepared during the adjudication process; and

(B)

to the Department of Health and Human Services, as appropriate, if the files relate to unaccompanied alien children;

(2)

the Department of Homeland Security is capable of electronically receiving information pertaining to the disposition of an adjudication, including removal orders and the individual’s failure to appear for proceedings, from the Department of Justice’s Executive Office for Immigration Review; and

(3)

information is collected and shared with the Department of Justice regarding the immigration status and appropriate categories of such individuals at the time of apprehension, such as—

(A)

unaccompanied alien children or family units;

(B)

the location of their apprehension;

(C)

the number of days they remain in the custody of the Department of Homeland Security;

(D)

the reason for releasing the individual from custody;

(E)

the geographic location of their residence, if released from custody;

(F)

any action taken by the Department of Homeland Security after receiving information from the Department of Justice regarding an individual’s failure to appear before the court;

(G)

any action taken by the Department of Homeland Security after receiving information from the Department of Justice regarding the disposition of an adjudication; and

(H)

any other information that the Secretary of Homeland Security determines to be necessary and appropriate.

Sec. 503

Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services, working in coordination with the Attorney General and the Secretary of Homeland Security, shall institute a process for collecting, exchanging, and sharing specific data pertaining to unaccompanied alien children that ensures that—

(1)

the Department of Health and Human Services is capable of electronically receiving information from the Department of Homeland Security and the Department of Justice related to the apprehension, processing, placement, and adjudication of unaccompanied alien children;

(2)

the Department of Health and Human Services shares information with the Department of Homeland Security regarding its capacity and capability to meet the 72-hour mandate required under section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)); and

(3)

information is collected and shared with the Department of Justice and the Department of Homeland Security regarding—

(A)

the number of days a child remained in the custody of the Department of Health and Human Services;

(B)

whether the child was placed in a facility operated by the Department of Defense;

(C)

for children placed with a sponsor—

(i)

the number of children placed with the sponsor;

(ii)

the relationship of the sponsor taking custody of the child;

(iii)

the type of background check conducted on the potential sponsor; and

(iv)

the geographic location of the sponsor; and

(D)

any other information the Attorney General or the Secretary of Homeland Security determines to be necessary and appropriate.

Sec. 504

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Sec. 505

This Act may be cited as the “Protecting Children and America's Homeland Act of 2014”.