S.Amdt. 1985

SA 1985. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to

[[Page S1106]]

unsubsidized COBRA continuation coverage; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. ____. PROTECTING CHILD TRAFFICKING VICTIMS.

(a) Short Title.--This section may be cited as the ``Child
Trafficking Victims Protection Act''.
(b) Unaccompanied Alien Children Defined.--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).
(c) Mandatory Training.--The Secretary, 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.
(d) Care and Transportation.--Notwithstanding any other
provision of law, the Secretary shall ensure that all
unaccompanied children who will undergo any immigration
proceedings before the Department 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 or the Office of Refugee Resettlement. The
Secretary shall ensure that female officers are continuously
present during the transfer and transport of female detainees
who are in the custody of the Department.
(e) Qualified Resources.--The Secretary 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).
(f) Child Welfare Professionals.--
(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).
(2) Duties.--Child welfare professionals described in
paragraph (1) shall--
(A) in consultation with the Secretary 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;
(B) conduct screening on behalf of the Department 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));
(C) notify the Department 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
(D) interview adult relatives accompanying unaccompanied
alien children; and
(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
(F) ensure that each unaccompanied alien child in the
custody of U.S. Customs and Border Protection--
(i) receives emergency medical care when necessary;
(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;
(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;
(iv) receives adequate nutrition;
(v) enjoys a safe and sanitary living environment;
(vi) has access to daily recreational programs and
activities if held for a period longer than 12 hours;
(vii) has access to legal services and consular officials;
and
(viii) is permitted to make supervised phone calls to
family members.
(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, who
shall consider such adult relatives for community-based
support alternatives to detention.
(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--
(A) describes the screening procedures used by the child
welfare professionals to screen unaccompanied alien children;
(B) assesses the effectiveness of such screenings; and
(C) includes data on all unaccompanied alien children who
were screened by child welfare professionals;
(g) Immediate Notification.--The Secretary shall
immediately notify the Office of Refugee Resettlement of an
unaccompanied alien child in the custody of the Department to
effectively and efficiently coordinate the child's transfer
to and placement with the Office of Refugee Resettlement.
(h) Notice of Rights and Right to Access to Counsel.--
(1) In general.--The Secretary shall ensure that all
unaccompanied alien children, upon apprehension, are
provided--
(A) an interview and screening with a child welfare
professional described in subsection (f)(1); and
(B) a video orientation and oral and written notice of
their rights under the Immigration and Nationality Act,
including--
(i) their right to relief from removal;
(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; and
(iii) relevant complaint mechanisms to report any abuse or
misconduct they may have experienced.
(2) Languages.--The Secretary shall ensure that--
(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
(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.
(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--
(1) recorded in writing and placed in the child's file;
(2) in the child's best interest; and
(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
(B) provided to a duly recognized law enforcement entity to
prevent imminent and serious harm to another individual.
(j) Other Policies and Procedures.--The Secretary shall
adopt fundamental child protection policies and procedures--
(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;
(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;
(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
(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--
(A) physically separated from any adult who is not an
immediate family member; and
(B) separated by sight and sound from--
(i) immigration detainees and inmates with criminal
convictions;
(ii) pretrial inmates facing criminal prosecution; and
(iii) inmates exhibiting violent behavior.
(k) Transfer of Funds.--
(1) Authorization.--The Secretary, in accordance with a
written agreement between the Secretary 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.
(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, shall
submit a detailed expenditure plan that describes the actions
proposed to be taken with amounts transferred under such
paragraph to--

[[Page S1107]]

(A) the Committee on Appropriations of the Senate; and
(B) the Committee on Appropriations of the House of
Representatives.
(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.
______