S.Amdt. 2578Senate115th Congress (2017-2019)2nd degree
S.Amdt. 2578
Sponsored by
Sen. Robert Menendez (D-NJ)
Submitted June 7, 2018
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Senate amendment submitted
June 7, 2018
Text
Submitted
SA 2578. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title XII, add the following: SEC. 12__. ROLE OF DEPARTMENT OF STATE REGARDING DESIGNATIONS AND EXTENSIONS OF DESIGNATIONS OF TEMPORARY PROTECTED STATUS. (a) Findings.--Congress makes the following findings: (1) The United States Embassies in Honduras, El Salvador, and Haiti recommended that it would be in the United States national interest to extend temporary protected status (TPS) designations for each such country, per diplomatic cables sent in June 2017, July 2017, and August 2017, respectively. (2) The United States Embassy in Haiti, in a diplomatic cable sent in August 2017, stated that repatriating tens of thousands of TPS beneficiaries and their United States citizen children would pose challenges to the ability of the Haitian National Police to guarantee security throughout Haiti. (3) In his October 31, 2017, letter to the Department of Homeland Security, then Secretary of State Rex Tillerson warned that terminating the TPS designations for El Salvador and Honduras may lead to retaliatory actions by both governments that would be counter to United States national security interests, including a potential reduction in bilateral cooperation to address narcotics trafficking and the illicit activities of criminal gangs, such as MS-13. (4) In recommendations accompanying then Secretary Tillerson's October 31, 2017, letter to the Department of Homeland Security, the Department of State warned that the prevalence of violence and lack of economic opportunities in El Salvador and Honduras would leave some repatriated TPS beneficiaries and their accompanying United States citizen children vulnerable to recruitment by criminal gangs, such as MS-13, or other forms of illicit employment. (5) The Executive announced the termination of the TPS designations for El Salvador and Haiti in November 2017 and for Honduras in May 2018. (b) Role of Department of State Regarding Designations.-- Section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)) is amended by inserting ``in coordination with the Secretary of State, and'' before ``after consultation with appropriate agencies of the Government''. [[Page S3390]] (c) Role of Department of State Regarding Extension or Termination of Designations.--Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D) respectively; (2) by inserting before subparagraph (B) the following: ``(A) Assessment of country conditions.--Not less than 90 days before the date on which the initial period of designation or any extended period of designation of a foreign state (or a part of a foreign state) under this section ends, the Secretary of State shall submit to the Secretary of Homeland Security-- ``(i) an assessment of the conditions in the foreign state (or the part of the foreign state) based on 1 or more reports from the United States Embassy located in the foreign state; and ``(ii) a recommendation for whether such designation should be extended.''; (3) in subparagraph (B), as redesignated in paragraph (1), by inserting ``in coordination with the Secretary of State, and'' before ``after consultation with appropriate agencies of the Government''; (4) in subparagraph (C), as redesignated in paragraph (1), by inserting ``, in coordination with the Secretary of State,'' before ``determines under subparagraph (A)''; and (5) in subparagraph (D), as redesignated in paragraph (1), by inserting ``, in coordination with the Secretary of State,'' before ``does not determine under subparagraph (A)''. (d) Report on the Role of the Department State Regarding Designations and Extension or Termination of Designations.-- Section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended by adding at the end the following new paragraph: ``(6) Report.-- ``(A) In general.--The Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the assessment and recommendation submitted to the Secretary of Homeland Security at the time at which-- ``(i) a foreign state is designated for temporary protected status; or ``(ii) the existing designation of a foreign state for temporary protected status is extended or terminated. ``(B) Matters to be included.--The report under subparagraph (A) shall include assessments and recommendations submitted to the Secretary of State by-- ``(i) each relevant bureau of the Department of State; and ``(ii) the United States Embassy located in the applicable foreign state.''. ____________________