US Codex
Bill
Notes

To terminate the Interagency Task Force on the Reunification of Families and to require the transfer of the salaries of certain Federal officials and Task Force members to the Judgment Fund to reimburse the Federal Government for settlements paid to aliens.

S. 3202 · 117th Congress · Nov 4, 2021 · Lineage

A BILL

Section 1 Termination of Interagency Task Force on the Reunification of Families

(a)
Rescission of Executive Order 14011— The provisions of Executive Order 14011 (86 Fed. Reg. 8273; relating to the establishment of Interagency Task Force on the Reunification of Families) are hereby rescinded and shall have no force or effect.
(b)
Effect of rescission— Notwithstanding any other provision of law, all policy decisions, legal decisions, settlement agreements, and consent decrees between the United States Government and private individuals or nongovernmental entities, and decisions regarding the use of the Secretary of Homeland Security’s parole authority under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) or any other immigration benefit that was provided or entered into pursuant to Executive Order 14011 are rescinded and terminated.

Sec. 2 Reporting and notification requirements

(a)
In general— The Director of the Office of Management and Budget shall—
(1)
submit a report to the appropriate congressional committees regarding the operations of the Interagency Task Force on the Reunification of Families (referred to in this section as the “Task Force”); and
(2)
publish such report on a publicly accessible website.
(b)
Contents— The report required under subsection (a) shall include—
(1)
an accounting of all costs incurred by the Task Force that were paid by the Federal Government;
(2)
a list of all of the meetings between the Task Force and any nongovernmental entity, including—
(A)
the list of participants of such meetings; and
(B)
the agendas of such meetings;
(3)
all communications between Task Force members and nongovernmental entities;
(4)
a description of all of the settlement agreements or consent decrees between the Federal Government and any nongovernmental entity that were facilitated by the Task Force;
(5)
all legal opinions, memoranda, and other policy guidance developed pursuant to Executive Order 14011 relating to granting parole to migrants in accordance with section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));
(6)
the number of migrants who were granted parole under such section as a result of the activities of the Task Force and, for each migrant receiving such parole, the nongovernmental organization who referred the migrant for consideration for parole or other immigration benefits; and
(7)
the date on which each migrant described in paragraph (6) was separated from a family member by U.S. Customs and Border Protection.
(c)
Consent decrees and settlement agreements—
(1)
In general— The Director of the Office of Management and Budget and the Attorney General shall post copies of all consent decrees and settlement agreements entered into pursuant to Executive Order 14011 on a publicly accessible website.
(2)
Future consent decrees and settlement agreements—
(A)
GAO review— The Attorney General shall ensure that the terms and conditions of all future consent decrees and settlement agreements between the Federal Government and any nongovernmental entity relating to the application of the policy described in the memorandum of the Attorney General entitled “Zero-Tolerance for Offenses under 8 U.S.C. § 1325(a)”, issued on April 6, 2018, the implementation of Executive Order 14011, or the separation of family members by U.S. Customs and Border Protection comply with section 3711 of title 31, United States Code, and chapter IX of subtitle B of title 31, Code of Federal Regulations (commonly known as the “Federal Claims Collections Standards”), by seeking an opinion from the Comptroller General of the United States regarding each such consent decree and settlement agreement.
(B)
Prohibition— A consent decree or settlement agreement described in subparagraph (A) may not be entered into until after the Comptroller General of the United States, after reviewing the terms of such decree or agreement, has certified that it fully complies with section 3711 of title 31, United States Code, and the Federal Claims Collections Standards.
(C)
Publication— All consent decrees and settlement agreements described in subparagraph (A) shall be posted on the publicly accessible website described in paragraph (1).

Sec. 3 Transfer of funds

(a)
Task force member salaries— Notwithstanding any other provision of law, the Director of the Office of Personnel Management shall withhold the salaries of all Federal employees who serve on the Task Force and deposit an amount equal to all such salaries to the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code (commonly known as the “Judgment Fund”), until the amount so deposited is equal to the total amount paid (or obligated to be paid) to aliens as a result of all consent decrees and settlement agreements entered into pursuant to Executive Order 14011 in which an alien is awarded $1 or more.
(b)
Certain department heads and executive office of the president salaries— Notwithstanding any other provision of law, the Director of the Office of Personnel Management shall withhold the salaries of the Attorney General, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of State, and all employees of the Executive Office of the President and deposit an amount equal to all such salaries to the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code (commonly known as the “Judgment Fund”), until the amount so deposited is equal to the total amount paid (or obligated to be paid) to aliens as a result of all consent decrees and settlement agreements entered into pursuant to Executive Order 14011 in which an alien is awarded $1 or more.