S.Amdt. 293

1. Adds SEC. 118. PROTECTING CHILD TRAFFICKING VICTIMS at the end of title I

   Adds a section

   In S. 178 · Reported to Senate

   (ii) prohibit the grant recipient from receiving another covered grant for not less than 5 years.

   Inserted: SEC. 118. PROTECTING CHILD TRAFFICKING VICTIMS.

   Inserted: (a) Short Title.--This section may be cited as the "Child Trafficking Victims Protection Act".

   Inserted: (b) Defined Term.--In this section, the term "unaccompanied alien children" has the meaning given such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).

   Inserted: (c) Mandatory Training.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and independent child welfare experts, shall mandate live training of all personnel who come into contact with unaccompanied alien children in all relevant legal authorities, policies, practices, and procedures pertaining to this vulnerable population.

   Inserted: (d) Care and Transportation.--

   Inserted: (1) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall ensure that all unaccompanied children who will undergo any immigration proceedings before the Department of Homeland Security or the Executive Office for Immigration Review are duly transported and placed in the care and legal and physical custody of the Office of Refugee Resettlement not later than 72 hours after their apprehension absent narrowly defined exceptional circumstances, including a natural disaster or comparable emergency beyond the control of the Secretary of Homeland Security or the Office of Refugee Resettlement.

   Inserted: (2) Presence of female officers.--The Secretary of Homeland Security shall ensure that female officers are continuously present during the transfer and transport of female detainees who are in the custody of the Department of Homeland Security.

   Inserted: (e) Qualified Resources.--The Secretary of Homeland Security shall provide adequately trained and qualified staff resources at each major port of entry (as defined by the U.S. Customs and Border Protection station assigned to that port having in its custody during the past 2 fiscal years an yearly average of 50 or more unaccompanied alien children), including the accommodation of child welfare professionals in accordance with subsection (f).

   Inserted: (f) Child Welfare Professionals.--

   Inserted: (1) In general.--The Senior Advisor on Trafficking in Persons in the Office of the Assistant Secretary for the Administration for Children and Families shall ensure that qualified child welfare professionals with expertise in culturally competent, trauma-centered, and developmentally appropriate interviewing skills are available at each major port of entry described in subsection (e).

   Inserted: (2) Duties.--Child welfare professionals described in paragraph (1) shall--

   Inserted: (A) in consultation with the Secretary of Homeland Security and the Assistant Secretary for the Administration for Children and Families, develop guidelines for treatment of unaccompanied alien children in the custody of the Department of Homeland Security;

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   Inserted: (B) conduct screening, on behalf of the Department of Homeland Security, of all unaccompanied alien children in accordance with section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4));

   Inserted: (C) notify the Department of Homeland Security and the Office of Refugee Resettlement of children that meet the notification and transfer requirements set forth in subsections (a) and (b) of section 235 of such Act (8 U.S.C. 1232); and

   Inserted: (D) interview adult relatives accompanying unaccompanied alien children; and

   Inserted: (E) provide an initial family relationship and trafficking assessment and recommendations regarding unaccompanied alien children's initial placements to the Office of Refugee Resettlement, which shall be conducted in accordance with the time frame set forth in subsections (a)(4) and (b)(3) of section 235 of such Act (8 U.S.C. 1232); and

   Inserted: (F) ensure that each unaccompanied alien child in the custody of U.S. Customs and Border Protection--

   Inserted: (i) receives emergency medical care when necessary;

   Inserted: (ii) receives emergency medical and mental health care that complies with the standards adopted pursuant to section 8(c) of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607(c)) whenever necessary, including in cases in which a child is at risk to harm himself, herself, or others;

   Inserted: (iii) is provided with climate appropriate clothing, shoes, basic personal hygiene and sanitary products, a pillow, linens, and sufficient blankets to rest at a comfortable temperature;

   Inserted: (iv) receives adequate nutrition;

   Inserted: (v) enjoys a safe and sanitary living environment;

   Inserted: (vi) has access to daily recreational programs and activities if held for a period longer than 12 hours;

   Inserted: (vii) has access to legal services and consular officials; and

   Inserted: (viii) is permitted to make supervised phone calls to family members.

   Inserted: (3) Final determinations.--The Office of Refugee Resettlement, in consultation with the Senior Advisor on Trafficking in Persons, in accordance with applicable policies and procedures for sponsors, shall submit final determinations on family relationships to the Secretary of Homeland Security, who shall consider such adult relatives for community-based support alternatives to detention.

   Inserted: (4) Report.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Senior Advisor on Trafficking in Persons shall submit a report to Congress that--

   Inserted: (A) describes the screening procedures used by the child welfare professionals to screen unaccompanied alien children;

   Inserted: (B) assesses the effectiveness of such screenings; and

   Inserted: (C) includes data on all unaccompanied alien children who were screened by child welfare professionals;

   Inserted: (g) Immediate Notification.--The Secretary of Homeland Security shall immediately notify the Office of Refugee Resettlement of an unaccompanied alien child in the custody of the Department of Homeland Security to effectively and efficiently coordinate the child's transfer to and placement with the Office of Refugee Resettlement.

   Inserted: (h) Notice of Rights and Right to Access to Counsel.--

   Inserted: (1) In general.--The Secretary of Homeland Security shall ensure that all unaccompanied alien children, upon apprehension, are provided--

   Inserted: (A) an interview and screening with a child welfare professional described in subsection (f)(1); and

   Inserted: (B) a video orientation and oral and written notice of their rights under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including--

   Inserted: (i) their right to relief from removal;

   Inserted: (ii) their right to confer with counsel (as guaranteed under section 292 of such Act (8 U.S.C. 1362)), family, or friends while in the temporary custody of the Department of Homeland Security; and

   Inserted: (iii) relevant complaint mechanisms to report any abuse or misconduct they may have experienced.

   Inserted: (2) Languages.--The Secretary of Homeland Security shall ensure that--

   Inserted: (A) the video orientation and written notice of rights described in paragraph (1) is available in English and in the 5 most common native languages spoken by the unaccompanied children held in custody at that location during the preceding fiscal year; and

   Inserted: (B) the oral notice of rights is available in English and in the most common native language spoken by the unaccompanied children held in custody at that location during the preceding fiscal year.

   Inserted: (i) Confidentiality.--The Secretary of Health and Human Services shall maintain the privacy and confidentiality of all information gathered in the course of providing care, custody, placement and follow-up services to unaccompanied alien children, consistent with the best interest of the unaccompanied alien child, by not disclosing such information to other government agencies or nonparental third parties unless such disclosure is--

   Inserted: (1) recorded in writing and placed in the child's file;

   Inserted: (2) in the child's best interest; and

   Inserted: (3)(A) authorized by the child or by an approved sponsor in accordance with section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and the Health Insurance Portability and Accountability Act (Public Law 104-191); or

   Inserted: (B) provided to a duly recognized law enforcement entity to prevent imminent and serious harm to another individual.

   Inserted: (j) Other Policies and Procedures.--The Secretary of Homeland Security shall adopt fundamental child protection policies and procedures--

   Inserted: (1) for reliable age determinations of children, developed in consultation with medical and child welfare experts, which exclude the use of fallible forensic testing of children's bone and teeth;

   Inserted: (2) to ensure the safe and secure repatriation and reintegration of unaccompanied alien children to their home countries through specialized programs developed in close consultation with the Secretary of State, the Office of the Refugee Resettlement, and reputable independent child welfare experts, including placement of children with their families or nongovernmental agencies to provide food, shelter, and vocational training and microfinance opportunities;

   Inserted: (3) to utilize all legal authorities to defer the child's removal if the child faces a risk of life-threatening harm upon return including due to the child's mental health or medical condition; and

   Inserted: (4) to ensure, in accordance with the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), that unaccompanied alien children, while in detention, are--

   Inserted: (A) physically separated from any adult who is not an immediate family member; and

   Inserted: (B) separated by sight and sound from--

   Inserted: (i) immigration detainees and inmates with criminal convictions;

   Inserted: (ii) pretrial inmates facing criminal prosecution; and

   Inserted: (iii) inmates exhibiting violent behavior.

   Inserted: (k) Transfer of Funds.--

   Inserted: (1) Authorization.--The Secretary of Homeland Security, in accordance with a written agreement between the Secretary of Homeland Security and the Secretary of Health and Human Services, shall transfer such amounts as may be necessary to carry out the duties described in subsection (f)(2) from amounts appropriated for U.S. Customs and Border Protection to the Department of Health and Human Services.

   Inserted: (2) Report.--Not later than 15 days before any proposed transfer under paragraph (1), the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall submit a detailed expenditure plan that describes the actions proposed to be taken with amounts transferred under such paragraph to--

   Inserted: (A) the Committee on Appropriations of the Senate; and

   Inserted: (B) the Committee on Appropriations of the House of Representatives.

   Inserted: (l) Rule of Construction.--Nothing in this section may be construed to preempt or alter any other rights or remedies, including any causes of action, available under any Federal or State law.

   Original wording

   At the end of title I, add the following:

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As printed