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Title II — Addressing the root causes of migration and responsibly managing the southern border

S. 348 · 117th Congress · Feb 22, 2021 · Lineage

II Addressing the root causes of migration and responsibly managing the southern border

Sec. 2001 Definitions

In this title:
(1)
Best interest determination— The term best interest determination means a formal process with procedural safeguards designed to give primary consideration to the child’s best interests in decision making.
(2)
Internally displaced persons— The term internally displaced persons means persons or groups of persons who—
(A)
have been forced to leave their homes or places of habitual residence because of armed conflict, generalized violence, violations of human rights, or natural or human-made disasters; and
(B)
have not crossed an internationally recognized border of a nation state.
(3)
International protection— The term international protection means—
(A)
asylum status;
(B)
refugee status;
(C)
protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; and
(D)
any other regional protection status available in the Western Hemisphere.
(4)
Large-scale, nonintrusive inspection system— The term large-scale, nonintrusive inspection system means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car.
(5)
Pre-primary— The term pre-primary means deploying scanning technology before primary inspection booths at land border ports of entry in order to provide images of commercial or passenger vehicles or freight rail cars before they are presented for inspection.
(6)
Scanning— The term scanning means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car.

A Promoting the rule of law, security, and economic development in Central America

Sec. 2101 United States Strategy for Engagement in Central America

(a)
In general— The Secretary of State shall implement a 4-year strategy, to be known as the “United States Strategy for Engagement in Central America” (referred to in this subtitle as the “Strategy”)—
(1)
to advance reforms in Central America; and
(2)
to address the key factors contributing to the flight of families, unaccompanied noncitizen children, and other individuals from Central America to the United States.
(b)
Elements— The Strategy shall include efforts—
(1)
to strengthen democratic governance, accountability, transparency, and the rule of law;
(2)
to combat corruption and impunity;
(3)
to improve access to justice;
(4)
to bolster the effectiveness and independence of judicial systems and public prosecutors’ offices;
(5)
to improve the effectiveness of civilian police forces;
(6)
to confront and counter the violence, extortion, and other crimes perpetrated by armed criminal gangs, illicit trafficking organizations, and organized crime, while disrupting recruitment efforts by such organizations;
(7)
to disrupt money laundering and other illicit financial operations of criminal networks, armed gangs, illicit trafficking organizations, and human smuggling networks;
(8)
to promote greater respect for internationally recognized human rights, labor rights, fundamental freedoms, and the media;
(9)
to protect the human rights of environmental defenders, civil society activists, and journalists;
(10)
to enhance accountability for government officials, including police and security force personnel, who are credibly alleged to have committed serious violations of human rights or other crimes;
(11)
to enhance the capability of governments in Central America to protect and provide for vulnerable and at-risk populations;
(12)
to address the underlying causes of poverty and inequality and the constraints to inclusive economic growth in Central America; and
(13)
to prevent and respond to endemic levels of sexual, gender-based, and domestic violence.
(c)
Coordination and consultation— In implementing the Strategy, the Secretary of State shall—
(1)
coordinate with the Secretary of the Treasury, the Secretary of Defense, the Secretary, the Attorney General, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States Development Finance Corporation; and
(2)
consult with the Director of National Intelligence, national and local civil society organizations in Central America and the United States, and the governments of Central America.
(d)
Support for Central American efforts— To the degree feasible, the Strategy shall support or complement efforts being carried out by the Governments of El Salvador, of Guatemala, and of Honduras, in coordination with bilateral and multilateral donors and partners, including the Inter-American Development Bank.

Sec. 2102 Securing support of international donors and partners

(a)
Plan— The Secretary of State shall implement a 4-year plan—
(1)
to secure support from international donors and regional partners to enhance the implementation of the Strategy;
(2)
to identify governments that are willing to provide financial and technical assistance for the implementation of the Strategy and the specific assistance that will be provided; and
(3)
to identify and describe the financial and technical assistance to be provided by multilateral institutions, including the Inter-American Development Bank, the World Bank, the International Monetary Fund, the Andean Development Corporation–Development Bank of Latin America, and the Organization of American States.
(b)
Diplomatic engagement and coordination— The Secretary of State, in coordination with the Secretary of the Treasury, as appropriate, shall—
(1)
carry out diplomatic engagement to secure contributions of financial and technical assistance from international donors and partners in support of the Strategy; and
(2)
take all necessary steps to ensure effective cooperation among international donors and partners supporting the Strategy.

Sec. 2103 Combating corruption, strengthening the rule of law, and consolidating democratic governance

The Secretary of State and the Administrator of the United States Agency for International Development are authorized—
(1)
to combat corruption in Central America by supporting—
(A)
Inspectors General and oversight institutions, including—
(i)
support for multilateral support missions for key ministries, including ministries responsible for tax, customs, procurement, and citizen security; and
(ii)
relevant training for inspectors and auditors;
(B)
multilateral support missions against corruption and impunity;
(C)
civil society organizations conducting oversight of executive and legislative branch officials and functions, police and security forces, and judicial officials and public prosecutors; and
(D)
the enhancement of freedom of information mechanisms;
(2)
to strengthen the rule of law in Central America by supporting—
(A)
Attorney General offices, public prosecutors, and the judiciary, including enhancing investigative and forensics capabilities;
(B)
an independent, merit-based selection processes for judges and prosecutors, independent internal controls, and relevant ethics and professional training, including training on sexual, gender-based, and domestic violence;
(C)
improved victim, witness, and whistleblower protection and access to justice; and
(D)
reforms to and the improvement of prison facilities and management;
(3)
to consolidate democratic governance in Central America by supporting—
(A)
reforms of civil services, related training programs, and relevant laws and processes that lead to independent, merit-based selection processes;
(B)
national legislatures and their capacity to conduct oversight of executive branch functions;
(C)
reforms to, and strengthening of, political party and campaign finance laws and electoral tribunals;
(D)
local governments and their capacity to provide critical safety, education, health, and sanitation services to citizens; and
(4)
to defend human rights by supporting—
(A)
human rights ombudsman offices;
(B)
government protection programs that provide physical protection and security to human rights defenders, journalists, trade unionists, whistleblowers, and civil society activists who are at risk;
(C)
civil society organizations that promote and defend human rights, freedom of expression, freedom of the press, labor rights, environmental protection, and the rights of individuals with diverse sexual orientations or gender identities; and
(D)
civil society organizations that address sexual, gender-based, and domestic violence, and that protect victims of such violence.

Sec. 2104 Combating criminal violence and improving citizen security

The Secretary of State and the Administrator of the United States Agency for International Development are authorized—
(1)
to counter the violence and crime perpetrated by armed criminal gangs, illicit trafficking organizations, and human smuggling networks in Central America by providing assistance to civilian law enforcement, including support for—
(A)
the execution and management of complex, multi-actor criminal cases;
(B)
the enhancement of intelligence collection capacity, and training on civilian intelligence collection (including safeguards for privacy and basic civil liberties), investigative techniques, forensic analysis, and evidence preservation;
(C)
community policing policies and programs;
(D)
the enhancement of capacity to identify, investigate, and prosecute crimes involving sexual, gender-based, and domestic violence; and
(E)
port, airport, and border security officials, agencies and systems, including—
(i)
the professionalization of immigration personnel;
(ii)
improvements to computer infrastructure and data management systems, secure communications technologies, nonintrusive inspection equipment, and radar and aerial surveillance equipment; and
(iii)
assistance to canine units;
(2)
to disrupt illicit financial networks in Central America, including by supporting—
(A)
finance ministries, including the imposition of financial sanctions to block the assets of individuals and organizations involved in money laundering or the financing of armed criminal gangs, illicit trafficking networks, human smuggling networks, or organized crime;
(B)
financial intelligence units, including the establishment and enhancement of anti-money laundering programs; and
(C)
the reform of bank secrecy laws;
(3)
to assist in the professionalization of civilian police forces in Central America by supporting—
(A)
reforms with respect to personnel recruitment, vetting, and dismissal processes, including the enhancement of polygraph capability for use in such processes;
(B)
Inspectors General and oversight offices, including relevant training for inspectors and auditors, and independent oversight mechanisms, as appropriate; and
(C)
training and the development of protocols regarding the appropriate use of force and human rights;
(4)
to improve crime prevention and to reduce violence, extortion, child recruitment into gangs, and sexual slavery by supporting—
(A)
the improvement of child protection systems;
(B)
the enhancement of programs for at-risk youth, including the improvement of community centers and programs aimed at successfully reinserting former gang members;
(C)
livelihood programming that provides youth and other at-risk individuals with legal and sustainable alternatives to gang membership;
(D)
safe shelter and humanitarian responses for victims of crime and internal displacement; and
(E)
programs to receive and effectively reintegrate repatriated migrants in El Salvador, Guatemala, and Honduras.

Sec. 2105 Combating sexual, gender-based, and domestic violence

The Secretary of State and the Administrator of the United States Agency for International Development are authorized to counter sexual, gender-based, and domestic violence in Central American countries by—
(1)
broadening engagement among national and local institutions to address sexual, gender-based, and domestic violence;
(2)
supporting educational initiatives to reduce sexual, gender-based, and domestic violence;
(3)
supporting outreach efforts tailored to meet the needs of women, girls, individuals of diverse sexual orientations or gender identities, and other vulnerable individuals at risk of violence and exploitation;
(4)
formalizing standards of care and confidentiality at police, health facilities, and other government facilities; and
(5)
establishing accountability mechanisms for perpetrators of violence.

Sec. 2106 Tackling extreme poverty and advancing economic development

The Secretary of State and the Administrator of the United States Agency for International Development are authorized to tackle extreme poverty and the underlying causes of poverty in Central American countries by—
(1)
strengthening human capital by supporting—
(A)
workforce development and entrepreneurship training programs that are driven by market demand, including programs that prioritize women, at-risk youth, and indigenous communities;
(B)
improving early-grade literacy, and primary and secondary school curricula;
(C)
relevant professional training for teachers and educational administrators;
(D)
educational policy reform and improvement of education sector budgeting; and
(E)
establishment and expansion of safe schools and related facilities for children;
(2)
enhancing economic competitiveness and investment climate by supporting—
(A)
small business development centers and programs that strengthen supply chain integration;
(B)
the improvement of protections for investors, including dispute resolution and arbitration mechanisms;
(C)
trade facilitation and customs harmonization programs; and
(D)
reducing energy costs through investments in clean technologies and the reform of energy policies and regulations;
(3)
strengthening food security by supporting—
(A)
small and medium-scale sustainable agriculture, including by providing technical training, improving access to credit, and promoting policies and programs that incentivize government agencies and private institutions to buy from local producers;
(B)
agricultural value chain development for farming communities;
(C)
nutrition programs to reduce childhood malnutrition and stunting rates; and
(D)
mitigation, adaptation, and recovery programs in response to natural disasters and other external shocks; and
(4)
improving fiscal and financial affairs by supporting—
(A)
domestic revenue generation, including programs to improve tax administration, collection, and enforcement;
(B)
strengthening public sector financial management, including strategic budgeting and expenditure tracking; and
(C)
reform of customs and procurement policies and processes.

Sec. 2107 Authorization of appropriations for United States Strategy for Engagement in Central America

(a)
In general— There are authorized to be appropriated $1,000,000,000 for each of the fiscal years 2022 through 2025 to carry out the Strategy.
(b)
Portion of funding available without condition— The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, may obligate up to 50 percent of the amounts appropriated in each fiscal year pursuant to subsection (a) to carry out the Strategy on the first day of the fiscal year for which they are appropriated.
(c)
Portion of funding available after progress on specific issues—
(1)
Effective implementation— The remaining 50 percent of the amounts appropriated pursuant to subsection (a) (after the obligations authorized under subsection (b)) may only be made available for assistance to the Government of El Salvador, of Guatemala, or of Honduras after the Secretary of State consults with, and subsequently certifies and reports to, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that the respective government is taking effective steps (in addition to steps taken during the previous calendar year)—
(A)
to combat corruption and impunity, including investigating and prosecuting government officials, military personnel, and civilian police officers credibly alleged to be corrupt;
(B)
to implement reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions and the independence of the judiciary and electoral institutions;
(C)
to protect the rights of civil society, opposition political parties, trade unionists, human rights defenders, and the independence of the media;
(D)
to provide effective and accountable civilian law enforcement and security for its citizens, and curtailing the role of the military in internal policing;
(E)
to implement policies to reduce poverty and promote equitable economic growth and opportunity;
(F)
to increase government revenues, including by enhancing tax collection, strengthening customs agencies, and reforming procurement processes;
(G)
to improve border security and countering human smuggling, criminal gangs, drug traffickers, and transnational criminal organizations;
(H)
to counter and prevent sexual and gender-based violence;
(I)
to inform its citizens of the dangers of the journey to the southwest border of the United States;
(J)
to resolve disputes involving the confiscation of real property of United States entities; and
(K)
to implement reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth.

B Addressing migration needs by strengthening regional humanitarian responses for refugees and asylum seekers in the Western Hemisphere and strengthening repatriation initiatives

Sec. 2201 Expanding refugee and asylum processing in the Western Hemisphere

(a)
Refugee processing— The Secretary of State, in coordination with the Secretary, shall work with international partners, including the United Nations High Commissioner for Refugees and international nongovernmental organizations, to support and strengthen the domestic capacity of countries in the Western Hemisphere to process and accept refugees for resettlement and adjudicate asylum claims by—
(1)
providing support and technical assistance to expand and improve the capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers who are trained in the relevant legal standards for adjudicating claims for protection;
(2)
establishing and expanding safe and secure locations to facilitate the safe and orderly movement of individuals and families seeking international protection;
(3)
improving national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections—
(A)
receives due process and meaningful access to existing humanitarian protections;
(B)
is provided with adequate information about his or her rights, including the right to seek protection;
(C)
is properly screened for security, including biographic and biometric capture; and
(D)
receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and
(4)
developing the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that such children are properly registered and that their claims are appropriately considered.
(b)
Diplomatic engagement and coordination— The Secretary of State, in coordination with the Secretary, as appropriate, shall—
(1)
carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and
(2)
take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America.

Sec. 2202 Further strengthening regional humanitarian responses in the Western Hemisphere

The Secretary of State, in coordination with international partners, including the United Nations High Commissioner for Refugees, shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from El Salvador, Guatemala, and Honduras—
(1)
to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers, including shelters for families, women, unaccompanied children, and other vulnerable populations;
(2)
to deliver gender-, trauma-, and age-sensitive humanitarian assistance to refugees and asylum seekers, including access to accurate information, legal representation, education, livelihood opportunities, cash assistance, and health care;
(3)
to establish and expand sexual, gender-based, and domestic violence prevention, recovery, and humanitarian programming;
(4)
to fund national- and community-led humanitarian organizations in humanitarian response;
(5)
to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country; and
(6)
to support technical assistance for refugee relocation and resettlement.

Sec. 2203 Information campaign on dangers of irregular migration

(a)
In general— The Secretary of State, in coordination with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, Honduras, and other appropriate Central American countries—
(1)
to disseminate information about the potential dangers of travel to the United States;
(2)
to provide accurate information about United States immigration law and policy; and
(3)
to provide accurate information about the availability of asylum, other humanitarian protections in countries in the Western Hemisphere, and other legal means for migration.
(b)
Elements— The information campaigns implemented pursuant to subsection (a), to the greatest extent possible—
(1)
shall be targeted at regions with high levels of outbound migration or significant populations of internally displaced persons;
(2)
shall be conducted in local languages;
(3)
shall employ a variety of communications media, including social media; and
(4)
shall be developed in coordination with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants.

Sec. 2204 Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States

(a)
Designated processing centers—
(1)
In general— The Secretary of State, in coordination with the Secretary, shall establish designated processing centers for the registration, screening, and processing of refugees and other eligible individuals, and the resettlement or relocation of these individuals to the United States or other countries.
(2)
Locations— Not fewer than 1 designated processing centers shall be established in a safe and secure location identified by the United States and the host government in—
(A)
El Salvador;
(B)
Guatemala;
(C)
Honduras; and
(D)
any other Central American country that the Secretary of State considers appropriate to accept and process requests and applications under this subtitle.
(b)
Personnel—
(1)
Refugee officers and related personnel— The Secretary shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this subtitle.
(2)
Support personnel— The Secretary and the Attorney General shall hire and assign sufficient personnel to ensure, absent exceptional circumstances, that all security and law enforcement background checks required under this subtitle and family verification checks carried out by the Refugee Access Verification Unit are completed within 180 days.
(c)
Operations—
(1)
In general— Absent extraordinary circumstances, each designated processing center shall commence operations as expeditiously as possible.
(2)
Productivity and quality control— The Secretary of State, in coordination with the Secretary, shall monitor the activities of each designated processing center and establish metrics and criteria for evaluating the productivity and quality control of each designated processing center.

Sec. 2205 Registration and intake

(a)
Registration— Each designated processing center shall receive and register individuals seeking to apply for benefits under this subtitle who meet criteria specified by the Secretary of State, in coordination with the Secretary.
(b)
Intake— The designated processing center shall assess registered individuals to determine the benefits for which they may be eligible, including—
(1)
refugee resettlement pursuant to the Central American Refugee Program described in section 2206;
(2)
the Central American Minors Program described in section 2207; and
(3)
the Central American Family Reunification Parole Program described in section 2208.
(c)
Expedited processing— The Secretary of State shall provide expedited processing of applications and requests under this subtitle in emergency situations, for humanitarian reasons, or if the Secretary of State otherwise determines that circumstances warrant expedited treatment.

Sec. 2206 Central American Refugee Program

(a)
Processing at designated processing centers—
(1)
In general— Any individual who registers at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status, and who is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary of State has determined are eligible for refugee status under this section may apply for refugee resettlement under this section. Upon filing of a completed application, the applicant may be referred to a refugee officer for further processing in accordance with this section.
(2)
Submission of biographic and biometric data— An applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Secretary of State, in coordination with the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biographic and biometric data because of a physical or mental impairment.
(3)
Background checks— The Secretary of State shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157).
(4)
Orientation— The Secretary of State shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be provided in English and Spanish.
(5)
International organizations— The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section.
(b)
Optional referral to other countries—
(1)
In general— An applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if another country agrees to promptly process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement described in paragraph (2).
(2)
Bilateral agreements for referral of refugees—
(A)
In general— The Secretary of State, in consultation with the Secretary, may enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who register at a designated processing center and seek to apply for refugee resettlement under this section. Such agreements shall be limited to countries with the demonstrated capacity to accept and adjudicate applications for refugee status and other forms of international protection, and to resettle refugees consistent with obligations under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223).
(B)
International organizations— The Secretary of State, in consultation with the Secretary, may enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals described in subparagraph (A).
(c)
Emergency relocation coordination— The Secretary of State, in coordination with the Secretary, may enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who register at a designated processing center, are deemed to face an imminent risk of harm, and require temporary placement in a safe location pending a final decision on an application under this section. Such agreements may be developed in consultation with the United Nations High Commissioner for Refugees and shall conform to international humanitarian standards.
(d)
Expansion of refugee corps— Subject to the availability of amounts provided in advance in appropriation Acts, the Secretary shall appoint additional refugee officers as may be necessary to carry out this section.

Sec. 2207 Central American Minors Program

(a)
Eligibility—
(1)
Petition— If an assessment under section 2205(b) results in a determination that a noncitizen is eligible for special immigrant status in accordance with this subsection—
(A)
the designated processing center that conducted such assessment may accept a petition for such status filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and
(B)
subject to subsection (d), and notwithstanding any other provision of law, the Secretary may provide such noncitizen with status as a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)).
(2)
Criteria— A noncitizen shall be eligible under this subsection if he or she—
(A)
is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary has determined are eligible for special immigrant status under this section;
(B)
is a child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of an individual who is lawfully present in the United States; and
(C)
is otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))).
(b)
Minor children— Any child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of a noncitizen described in subsection (a) is entitled to special immigrant status if accompanying or following to join such noncitizen.
(c)
Exclusion from numerical limitations— Noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(d)
Applicants under prior Central American Minors Refugee Program—
(1)
In general— The Secretary shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section.
(2)
Final determination— Absent exceptional circumstances, the Secretary shall make a final determination on applications described in paragraph (1) not later than 180 days after the date of the enactment of this Act.
(3)
Notice— The Secretary shall—
(A)
promptly notify all relevant parties of the conversion of an application described in paragraph (1) into a special immigrant petition; and
(B)
provide instructions for withdrawal of the petition if the noncitizen does not want to proceed with the requested relief.
(e)
Biometrics and background checks—
(1)
Submission of biometric and biographic data— Petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment.
(2)
Background checks— The Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section.
(3)
Completion of background checks— The security and law enforcement background checks required under paragraph (2) shall be completed, to the satisfaction of the Secretary, before the date on which a petition for special immigrant status under this section may be approved.

Sec. 2208 Central American Family Reunification Parole Program

(a)
Eligibility—
(1)
Application— If an assessment under section 2205(b) results in a determination that a noncitizen is eligible for parole in accordance with this section—
(A)
the designated processing center may accept a completed application for parole filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and
(B)
the Secretary may grant parole under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) to such noncitizen.
(2)
Criteria— A noncitizen shall be eligible for parole under this section if he or she—
(A)
is a national of El Salvador, of Guatemala, of Honduras, or of any other Central American country whose nationals the Secretary has determined are eligible for parole under this section;
(B)
is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); and
(C)
an immigrant visa is not immediately available for the noncitizen, but is expected to be available within a period designated by the Secretary.
(b)
Biometrics and background checks—
(1)
Submission of biometric and biographic data— Applicants for parole under this section shall be required to submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment.
(2)
Background checks— The Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section.
(3)
Completion of background checks— The security and law enforcement background checks required under paragraph (2) shall be completed to the satisfaction of the Secretary before the date on which an application for parole may be approved.

Sec. 2209 Informational campaign; case status hotline

(a)
Informational campaign— The Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, Honduras, and other appropriate Central American countries to increase awareness of the programs authorized under this subtitle.
(b)
Case status hotline— The Secretary shall establish a case status hotline to provide confidential processing information on pending cases.

C Managing the border and protecting border communities

Sec. 2301 Expediting legitimate trade and travel at ports of entry

(a)
Technology deployment plan— The Secretary is authorized to develop and implement a plan to deploy technology—
(1)
to expedite the screening of legitimate trade and travel; and
(2)
to enhance the ability to identify narcotics and other contraband, at every land, air, and sea port of entry.
(b)
Elements— The technology deployment plan developed pursuant to subsection (a) shall include—
(1)
the specific steps that will be taken to increase the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale, nonintrusive inspection systems or similar technology before primary inspections booths to enhance border security;
(2)
a comprehensive description of the technologies and improvements needed to facilitate legal travel and trade, reduce wait times, and better identify contraband at land and rail ports of entry, including—
(A)
the specific steps the Secretary will take to ensure, to the greatest extent practicable, that high-throughput scanning technologies are deployed within 5 years at all land border ports of entry to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning; and
(B)
the specific steps the Secretary will take to increase the amount of cargo that is subject to nonintrusive inspections systems at all ports of entry;
(3)
a comprehensive description of the technologies and improvements needed to enhance traveler experience, reduce inspection and wait times, and better identify potential criminals and terrorists at air ports of entry;
(4)
a comprehensive description of the technologies and improvements needed—
(A)
to enhance the security of maritime trade;
(B)
to increase the percent of shipping containers that are scanned; and
(C)
to enhance the speed and quality of inspections without adversely impacting trade flows;
(5)
any projected impacts identified by the Commissioner of U.S. Customs and Border Protection regarding—
(A)
the number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings;
(B)
where such systems are in use; and
(C)
the average wait times at peak and non-peak travel times, by lane type (if applicable), as scanning rates are increased;
(6)
any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, regarding border security operations at ports of entry as a result of implementation actions, including any required changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;
(7)
any projected impact on—
(A)
the ability of regular border crossers and border community residents to cross the border efficiently; and
(B)
the privacy and civil liberties of border community residents (as identified by medical professionals), border community stakeholders (including elected officials, educators, and business leaders), and civil rights experts;
(8)
detailed performance measures and benchmarks that can be used to evaluate how effective these technologies are in helping to expedite legal trade and travel while enhancing security at ports of entry; and
(9)
the estimated costs and an acquisition plan for implementing the steps identified in the plan, including—
(A)
achieving pre-primary, high-throughput scanning at all feasible land and rail ports of entry within the timeframes specified in paragraph (1);
(B)
reducing passenger and pedestrian wait times;
(C)
the acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems and other technologies identified in the plan; and
(D)
associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry.
(c)
Small business opportunities— The acquisition plan required under subsection (b)(9) shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a))).
(d)
Modernization of port of entry infrastructure— The Secretary is authorized to develop and implement a plan that—
(1)
identifies infrastructure improvements at ports of entry that would—
(A)
enhance the ability to process asylum seekers;
(B)
facilitate daily pedestrian and vehicular trade and traffic; and
(C)
detect, interdict, disrupt, and prevent fentanyl, other synthetic opioids, and other narcotics and psychoactive substances and associated contraband from entering the United States;
(2)
describes circumstances in which effective technology in use at certain ports of entry smart cannot be implemented at other ports of entry, including—
(A)
infrastructure constraints that would impact the ability to deploy detection equipment to improve the ability of such officers to identify such drugs and other dangers that are being illegally transported into the United States; and
(B)
mitigation measures that could be implemented at these ports of entry; and
(3)
includes other improvements to infrastructure and safety equipment that are needed to protect officers from inclement weather, surveillance by smugglers, and accidental exposure to narcotics or other dangers associated with the inspection of potential drug traffickers.
(e)
Authorization of appropriations— There are authorized to be appropriated such funds as may be necessary to implement the plans required under this section.

Sec. 2302 Deploying smart technology at the southern border

(a)
In general— The Secretary is authorized to develop and implement a strategy to manage and secure the southern border of the United States by deploying smart technology—
(1)
to enhance situational awareness along the border; and
(2)
to counter transnational criminal networks.
(b)
Contents— The smart technology strategy described in subsection (a) shall include—
(1)
a comprehensive assessment of the physical barriers, levees, technologies, tools, and other devices that are currently in use along the southern border of the United States;
(2)
the deployment of technology between ports of entry that focuses on flexible solutions that can expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated, broken out by U.S. Border Patrol sector;
(3)
the specific steps that may be taken in each U.S. Border Patrol sector during the next 5 years to identify technology systems and tools that can help provide situational awareness of the southern border;
(4)
an explanation for why each technology, tool, or other device was recommended to achieve and maintain situational awareness of the southern border, including—
(A)
the methodology used to determine which type of technology, tool, or other device was recommended;
(B)
a specific description of how each technology will contribute to the goal of evaluating the performance and identifying the effectiveness rate of U.S. Border Patrol agents and operations; and
(C)
a privacy evaluation of each technology, tool, or other device that examines their potential impact on border communities;
(5)
cost-effectiveness calculations for each technology, tool, or other device that will be deployed, including an analysis of the cost per mile of border surveillance;
(6)
a cost justification for each instance a more expensive technology, tool, or other device is recommended over a less expensive option in a given U.S. Border Patrol sector; and
(7)
performance measures that can be used to evaluate the effectiveness of each technology deployed and of U.S. Border Patrol operations in each sector.
(c)
Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to implement this section.

Sec. 2303 Independent oversight on privacy rights

The Office of the Inspector General for the Department of Homeland Security shall conduct oversight to ensure that—
(1)
the technology used by U.S. Customs and Border Protection is—
(A)
effective in serving a legitimate agency purpose;
(B)
the least intrusive means of serving such purpose; and
(C)
cost effective;
(2)
guidelines are developed for using such technology to ensure appropriate limits on data collection, processing, sharing, and retention; and
(3)
the Department of Homeland Security has consulted with stakeholders, including affected border communities, in the development of any plans to expand technology.

Sec. 2304 Training and continuing education

(a)
Mandatory training and continuing education To promote agent and officer safety and professionalism— The Secretary is authorized to establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement receives training upon onboarding regarding accountability, standards for professional and ethical conduct, and oversight.
(b)
Curriculum— The training required under subsection (a) shall include—
(1)
best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations, responding to grievances, and how to refer complaints to the Immigration Detention Ombudsman;
(2)
interaction with vulnerable populations; and
(3)
standards of professional and ethical conduct.
(c)
Continuing education—
(1)
In general— The Secretary shall require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsection (a) to participate in continuing education.
(2)
Constitutional authority subject matter— Continuing education required under paragraph (1) shall include training regarding—
(A)
the protection of the civil, constitutional, human, and privacy rights of individuals; and
(B)
use of force policies applicable to agents and officers.
(3)
Administration— Courses offered as part of continuing education under this subsection shall be administered in coordination with the Federal Law Enforcement Training Centers.
(d)
Medical training for U.S. Border Patrol agents—
(1)
In general— Section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended—
(A)
in subsection (l)—
(i)
by striking “The Commissioner” and inserting the following:

“(1) Continuing education—The Commissioner”

(ii)
by adding at the end the following:

“(2) Medical training for U.S. border patrol agents

“(A) In general

“(i) Availability—Beginning not later than 6 months after the date of the enactment of the U.S. Citizenship Act, the Commissioner shall make available, in each U.S. Border Patrol sector, at no cost to U.S. Border Patrol agents selected for such training, emergency medical technician (referred to in this paragraph as “EMT”) and paramedic training, including pediatric medical training, which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care.

“(ii) Use of official duty time—A U.S. Border Patrol agent shall be credited with work time for any EMT or paramedic training provided to such agent under clause (i) in order to achieve or maintain an EMT or paramedic certification.

“(iii) Obligated overtime—A U.S. Border Patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred, pursuant to section 5550(b) of title 5, United States Code, in order to achieve or maintain a paramedic certification.

“(iv) Lodging and per diem—Lodging and per diem shall be made available to U.S. Border Patrol agents attending training described in clause (i) if such training is not available at a location within commuting distance of the agent’s residence or worksite.

“(v) Service commitment—Any U.S. Border Patrol agent who completes a certification preparation program pursuant to clause (i) shall—

“(I) complete 1 year of service as a U.S. Border Patrol agent following the completion of EMT training;

“(II) complete 3 years of service as a U.S. Border Patrol agent following the completion of paramedic training; or

“(III) reimburse U.S. Customs and Border Protection in an amount equal to the product of—

“(aa) the cost of providing such training to such agent; multiplied by

“(bb) the percentage of the service required under subclauses (I) and (II) that the agent failed to complete.

“(B) Increase in rate of pay for border patrol medical certification

“(i) EMT certification—A U.S. Border Patrol agent who has completed EMT training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as an EMT shall receive, in addition to the pay to which the agent is otherwise entitled under this section, an amount equal to 5 percent of such pay.

“(ii) Paramedic certification—A U.S. Border Patrol agent who has completed paramedic training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as a paramedic shall receive, in addition to the pay to which the agent is otherwise entitled under this section (except for subparagraph (A)), an amount equal to 10 percent of such pay.

“(iii) Existing certifications—A U.S. Border Patrol agent who did not participate in the training made available pursuant to subparagraph (A)(i), but, as of the date of the enactment of the U.S. Citizenship Act, has a current State-issued or State-recognized EMT or paramedic certification, shall receive, in addition to the pay to which the agent is otherwise entitled under this section (excluding the application of clause (i) and (ii)), an amount equal to—

“(I) 5 percent of such pay for an EMT certification; and

“(II) 10 percent of such pay for a paramedic certification.

“(C) Availability of medically trained border patrol agents—Not later than 6 months after the date of the enactment of the U.S. Citizenship Act, the Commissioner of U.S. Customs and Border Protection shall—

“(i) ensure that—

“(I) U.S. Border Patrol agents with current EMT or paramedic certifications are stationed at each U.S. Border Patrol sector and remote station along the southern border to the greatest extent possible;

“(II) not fewer than 10 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have EMT certifications; and

“(III) not fewer than 1 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have paramedic certifications; and

“(ii) in determining the assigned posts of U.S. Border Patrol agents who have received training under subparagraph (A)(i), give priority to remote stations and forward operating bases.

“(D) Medical supplies

“(i) Minimum list—The Commissioner of U.S. Customs and Border Protection shall provide minimum medical supplies to each U.S. Border Patrol agent with an EMT or paramedic certification and to each U.S. Border Patrol sector, including all remote stations and forward operating bases, for use while on patrol, including—

“(I) supplies designed for children;

“(II) first aid kits; and

“(III) oral hydration, such as water.

“(ii) Consultation—In developing the minimum list of medical supplies required under clause (i), the Commissioner shall consult national organizations with expertise in emergency medical care, including emergency medical care of children.

“(E) Motor vehicles—The Commissioner of U.S. Customs and Border Protection shall make available appropriate motor vehicles to U.S. Border Patrol agents with current EMT or paramedic certifications to enable them to provide necessary emergency medical assistance.

“(F) GAO report—Not later than 3 years after the date of the enactment of the U.S. Citizenship Act, the Comptroller General of the United States shall—

“(i) review the progress of the U.S. Customs and Border Protection’s promotion in reaching the goal of up to 10 percent of all U.S. Border Patrol agents having EMT or paramedic certifications; and

“(ii) provide a recommendation to Congress as to whether—

“(I) the Commissioner of U.S. Customs and Border Protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for U.S. Border Patrol agents under this paragraph;

“(II) additional incentive modifications are needed to achieve or maintain the goal, including pay differentials; and

“(III) the 10 percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of U.S. Border Patrol operations, including whether the number is too high or too low.”

(B)
in subsection (r), by striking “section, the terms” and inserting the following: “section—

“(1) the term child means any individual who has not reached 18 years of age; and

“(2) the terms”

(2)
Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out section 411(l)(2) of the Homeland Security Act of 2002, as added by paragraph (1).
(e)
Identifying and treating individuals experiencing medical distress—
(1)
Online training—
(A)
In general— Beginning on the date that is 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall require all U.S. Border Patrol agents, including agents with EMT or paramedic certification, to complete an online training program that meets nationally recognized standards for the medical care of children to enable U.S. Border Patrol agents—
(i)
to identify common signs of medical distress in children; and
(ii)
to ensure the timely transport of sick or injured children to an appropriate medical provider.
(B)
Contract— In developing or selecting an online training program under subparagraph (A), the Commissioner may enter into a contract with a national professional medical association of pediatric medical providers.
(2)
Voice access to medical professionals—
(A)
In general— The Commissioner of U.S. Customs and Border Protection shall ensure that all remote U.S. Border Patrol stations, forward operating bases, and remote ports of entry along the southern border of the United States have 24-hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals, including children, taken into custody near the United States border.
(B)
Acceptable means of access— Access under subparagraph (A) may be accomplished through mobile phones, satellite mobile radios, or other means prescribed by the Commissioner.
(f)
Commercial driver program—
(1)
Establishment— The Commissioner of U.S. Customs and Border Protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring, beginning not later than 1 year after the date of the enactment of this Act, that—
(A)
not fewer than 300 U.S. Border Patrol agents assigned to remote U.S. Border Patrol stations have a commercial driver’s license with a passenger endorsement for detainee transport;
(B)
in each of the El Paso, Laredo, Rio Grande Valley, San Diego, Yuma, and Tucson U.S. Border Patrol Sectors—
(i)
not fewer than 5 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and
(ii)
not fewer than 3 buses are assigned to the sector; and
(C)
in each of the Big Bend, Del Rio, and El Centro U.S. Border Patrol Sectors—
(i)
not fewer than 2 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and
(ii)
not fewer than 1 bus is assigned to the sector.
(2)
Relocation— Buses assigned to specific U.S. Border Patrol sectors pursuant to paragraph (1) may be relocated to other sectors in response to changing patterns.
(3)
Reducing wait times at remote U.S. Border Patrol stations— The Commissioner of U.S. Customs and Border Protection shall ensure that sufficient buses are available in each U.S. Border Patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations.
(4)
Use of official duty time— A U.S. Border Patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver’s license under paragraph (1).
(5)
Reports to congress— The Secretary shall submit quarterly reports regarding the average length of detainees’ stay at U.S. Border Patrol stations to—
(A)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)
the Committee on Homeland Security of the House of Representatives.

Sec. 2305 GAO study of waiver of environmental and other laws

The Comptroller General of the United States shall study the impact of the authority of the Secretary, under section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104–208; 8 U.S.C. 1103 note), to waive otherwise applicable legal requirements to expedite the construction of barriers and roads near United States borders, including the impact of such waiver on the environment, Indian lands, and border communities.

Sec. 2306 Establishment of Border Community Stakeholder Advisory Committee

(a)
In general— Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section 415 the following:

“416. Border Community Stakeholder Advisory Committee

“(a) Definitions—In this section:

“(1) Advisory committee—The term Advisory Committee means the Border Community Stakeholder Advisory committee established pursuant to subsection (b).

“(2) Border community stakeholder—The term border community stakeholder means an individual who has ownership interests or resides near an international land border of the United States, including—

“(A) an individual who owns land within 10 miles of an international land border of the United States;

“(B) a business leader of a company operating within 100 miles of a land border of the United States;

“(C) a local official from a community on a land border of the United States;

“(D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and

“(E) a representative of a human rights or civil rights organization operating near a land border of the United States.

“(b) Establishment—The Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee.

“(c) Duties

“(1) In general—The Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities.

“(2) Recommendations—The Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities.

“(d) Membership

“(1) Appointment

“(A) In general—The Secretary shall appoint the members of the Advisory Committee.

“(B) Composition—The Advisory Committee shall be composed of—

“(i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and

“(ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities.

“(2) Term of office

“(A) Terms—The term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms.

“(B) Removal—The Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time.

“(3) Prohibition on compensation—The members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee.

“(4) Meetings

“(A) In general—The Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.

“(B) Public meetings—At least 1 of the meetings described in subparagraph (A) shall be open to the public.

“(C) Attendance—The Advisory Committee shall maintain a record of the persons present at each meeting.

“(5) Member access to sensitive security information

“(A) Access—If the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member’s advisory duties after voluntarily signing a nondisclosure agreement.

“(B) Restrictions on use—The member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations.

“(6) Chairperson—A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee.

“(e) Nonapplicability of FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees.”

(b)
Appropriations— There are authorized to be appropriated such sums as may be necessary to implement this section.
(c)
Clerical amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296) is amended by inserting after the item relating to section 415 the following:

Sec. 2307 Rescue beacons

Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. 211(o)) is amended by adding at the end the following:

“(3) Rescue beacons—Beginning on October 1, 2021, in carrying out subsection (c)(8), the Commissioner shall purchase, deploy, and maintain additional self-powering, 9–1–1 cellular relay rescue beacons along the southern border of the United States at appropriate locations, as determined by the Commissioner, to effectively mitigate migrant deaths.”

Sec. 2308 Use of force

(a)
Department of Homeland Security policies—
(1)
Issuance— The Secretary, in coordination with the Assistant Attorney General for the Civil Rights, shall issue policies governing the use of force by all Department of Homeland Security personnel.
(2)
Consultation requirement— In developing policies pursuant to paragraph (1), the Secretary shall consult with law enforcement and civil rights organizations to ensure that such policies—
(A)
focus law enforcement efforts and tactics on protecting public safety and national security that are consistent with our Nation’s values; and
(B)
leverage best practices and technology to provide such protection.
(b)
Public reporting— Not later than 24 hours after any use-of-force incident that results in serious injury to, or the death of, an officer, agent, or member of the public, the Secretary shall—
(1)
make the facts of such incident public; and
(2)
comply fully with the requirements set forth in section 3 of the Death in Custody Reporting Act of 2013 (42 U.S.C. 13727a).

Sec. 2309 Office of Professional Responsibility

(a)
In general— The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign sufficient Office of Professional Responsibility special agents to ensure that there is 1 such special agent for every 30 officers to investigate criminal and administrative matters and misconduct by officers and other employees of U.S. Customs and Border Protection.
(b)
Contracts— The Commissioner is authorized to enter into such contracts as may be necessary to carry out this section.

D Improving border infrastructure for families and children; cracking down on criminal organizations

Sec. 2401 Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody

(a)
In general— The Secretary, in coordination with the Secretary of Health and Human Services, and in consultation with nongovernmental experts in the delivery of humanitarian response and health care, shall develop guidelines and protocols for basic minimum standards of care for individuals in the custody of U.S. Customs and Border Protection.
(b)
Issues addressed— The guidelines and protocols described in subsection (a) shall ensure that the staffing, physical facilities, furnishings, and supplies are adequate to provide each detainee with appropriate—
(1)
medical care, including initial health screenings and medical assessments;
(2)
water, sanitation, and hygiene;
(3)
food and nutrition;
(4)
clothing and shelter;
(5)
quiet, dimly illuminated sleeping quarters if he or she is detained overnight;
(6)
information about available services and legal rights, in the common language spoken by the detainee, and access to a telephone; and
(7)
freedom to practice the detainee’s religion.

Sec. 2402 Child welfare at the border

(a)
Guidelines— The Secretary, in consultation with appropriate Federal, State, and local government officials, pediatricians, and child welfare experts and private sector agencies, shall develop additional guidelines for the treatment of children in the custody of U.S. Customs and Border Protection.
(b)
Guiding principle— The guiding principle of the guidelines developed pursuant to subsection (a) shall be “the best interest of the child” and shall include—
(1)
appropriate training for all Department of Homeland Security personnel and cooperating entity personnel who have contact with children relating to the care and custody of children;
(2)
ensuring the availability of qualified child welfare professionals and licensed medical professionals, as appropriate;
(3)
a reliable system for identifying and reporting allegations of child abuse or neglect;
(4)
prohibiting the removal of a child from a parent or legal guardian for the purpose of deterring individuals from migrating to the United States or promoting compliance with the United States immigration laws;
(5)
reasonable arrangements for unannounced visits and inspections by the Office of Inspector General of the Department of Homeland Security, nongovernmental organizations, and State and local child welfare agencies; and
(6)
the preservation of all records associated with children in the custody of the Department of Homeland Security, including records of—
(A)
the identities of the children;
(B)
any known family members of the children; and
(C)
reported incidents of abuse of the children while in custody.
(c)
Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to implement this section.

Sec. 2403 Office of Inspector General oversight

Not later than 6 months after the date of the enactment of this Act and every 6 months thereafter, the Inspector General of the Department of Homeland Security, in coordination with the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees regarding—
(1)
the status of the implementation of sections 2401 and 2402; and
(2)
findings made after announced and unannounced inspections to Department of Homeland Security facilities.

Sec. 2404 Enhanced investigation and prosecution of human smuggling networks and trafficking organizations

The Attorney General and the Secretary shall expand collaboration on the investigation and prosecution of human smuggling networks and trafficking organizations targeting migrants, asylum seekers, and unaccompanied children and operating at the southwestern border of the United States, including the continuation and expansion of anti-trafficking coordination teams.

Sec. 2405 Enhanced penalties for organized smuggling schemes

(a)
In general— Section 274(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended—
(1)
by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;
(2)
by inserting after clause (ii) the following:

“(iii) in the case of a violation of subparagraph (A)(i) during and in relation to which the person, while acting for profit or other financial gain, knowingly directs or participates in a scheme to cause 10 or more persons (other than a parent, spouse, sibling, son or daughter, grandparent, or grandchild of the offender) to enter or to attempt to enter the United States at the same time at a place other than a designated port of entry or place other than designated by the Secretary, be fined under title 18, United States Code, imprisoned not more than 15 years, or both;”

(3)
in clause (iv), as redesignated, by inserting “commits or attempts to commit sexual assault of,” after “section 1365 of title 18, United States Code) to,”.
(b)
Bulk cash smuggling— Section 5332(b)(1) of title 31, United States Code, is amended—
(1)
in the paragraph heading, by striking “Term of imprisonment.—” and inserting “In general.—”; and
(2)
by inserting “, fined under title 18, or both” after “5 years”.

Sec. 2406 Expanding financial sanctions on narcotics trafficking and money laundering

(a)
Financial sanctions expansion— The Secretary of the Treasury, the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of Central Intelligence shall expand investigations, intelligence collection, and analysis pursuant to the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to increase the identification and application of sanctions against—
(1)
significant foreign narcotics traffickers and their organizations and networks; and
(2)
foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, or networks.
(b)
Specific targets— The activities described in subsection (a) shall specifically target foreign narcotics traffickers, their organizations and networks, and the foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, and networks that are present and operating in Central America.
(c)
Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).

Sec. 2407 Support for transnational anti-gang task forces for countering criminal gangs

The Director of the Federal Bureau of Investigation, the Director of the Drug Enforcement Administration, and the Secretary, in coordination with the Secretary of State, shall expand the use of transnational task forces that seek to address transnational crime perpetrated by gangs in El Salvador, Guatemala, Honduras, and any other identified country by—
(1)
expanding transnational criminal investigations focused on criminal gangs in identified countries, such as MS–13 and 18th Street;
(2)
expanding training and partnership efforts with law enforcement entities in identified countries to disrupt and dismantle criminal gangs, both internationally and in their respective countries;
(3)
establishing or expanding gang-related investigative units;
(4)
collecting and disseminating intelligence to support related United States-based investigations; and
(5)
expanding programming related to gang intervention and prevention for at-risk youth.

Sec. 2408 Hindering immigration, border, and customs controls

(a)
Personnel and structures— Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 274D the following:

“274E. Hindering immigration, border, and customs controls

“(a) Illicit spotting

“(1) In general—It shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent—

“(A) to gain financially; and

“(B) to violate—

“(i) the immigration laws;

“(ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125));

“(iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or

“(iv) any Federal law relating to border controls measures of the United States.

“(2) Penalty—Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.

“(b) Destruction of United States border controls

“(1) In general—It shall be unlawful to knowingly and without lawful authorization—

“(A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or

“(B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States.

“(2) Penalty—Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.”

(b)
Clerical amendment— The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 274D the following: