S.Amdt. 2284Senate118th Congress (2023-2025)
S.Amdt. 2284
Sponsored by
Sen. Chuck Grassley (R-IA)
Submitted July 11, 2024
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Senate amendment submitted
July 11, 2024
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Submitted
SA 2284. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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 title X, add the following: Subtitle I--Migrant Child Recovery Act SEC. 1096. SHORT TITLE. This subtitle may be cited as the ``Migrant Child Recovery Act''. SEC. 1097. RETENTION AND DISCLOSURE OF INFORMATION RELATING TO UNACCOMPANIED ALIEN CHILDREN. (a) Retention and Handling of Information.-- (1) In general.--The Secretary of Health and Human Services and the Director of the Office of Refugee Resettlement shall manage and preserve information relating to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), including information about any sponsor applicants, in accordance with section 534 of title 28, United States Code, subject to any recommendation from the Archivist of the United States. (2) Appointment.--The Secretary of Health and Human Services and the Director of the Office of Refugee Resettlement may appoint officials to manage and preserve information relating to unaccompanied alien children. (b) Disclosure of Information.--The Secretary of Health and Human Services shall provide information relating to an unaccompanied alien child preserved pursuant to subsection (a), including electronic access to all databases housing such information, not later than 7 days after the date on which the Secretary receives a request for such information, if that request is accompanied by-- (1) a certification, which may be in an electronic format, that the individual submitting the request is an employee of a local, Tribal, State, or Federal law enforcement agency; (2) a certification, which may be in an electronic format, that the information requested is relevant to a criminal investigation involving the unaccompanied alien child for a crime related to-- (A) physical abuse; (B) sexual abuse; (C) human trafficking; (D) sex trafficking; (E) peonage; (F) forced labor; (G) domestic servitude; or (H) involuntary servitude; and [[Page S4640]] (3) a certification, which may be in an electronic format, that the information requested will not be used for the purpose of immigration enforcement or removal or deportation proceedings involving the unaccompanied alien child victim or a sponsor of the unaccompanied alien child victim. (c) Disclosure by Law Enforcement.--An employee of a law enforcement agency who receives information under subsection (b) may not disclose that information, except-- (1) to an attorney for the government for use in the performance of the official duties of that attorney, including providing discovery to a defendant; (2) to an officer or employee of a law enforcement agency, as necessary to perform investigative or recordkeeping duties; (3) to any other such government personnel determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in prosecuting a violation of local, Tribal, State, or Federal criminal law; (4) to a defendant in a criminal case or the attorney for such a defendant, to the extent the information relates to a criminal charge pending against the defendant; (5) to a provider of electronic communication services or remote computing services as necessary to facilitate a response to legal process issued in connection with a criminal investigation, prosecution, or post-conviction proceeding; or (6) pursuant to a court order for disclosure upon a showing of good cause and subject to any protective order or other condition the court may impose. (d) Rule of Construction.--Nothing in subsection (c) shall preclude another local, Tribal, State, or Federal law enforcement agency from seeking continued preservation of the information through any other court process. SEC. 1098. CLARIFICATION AND ENSURING RESOURCES TO CHILDREN RELEASED FROM THE OFFICE OF REFUGEE RESETTLEMENT CUSTODY. Section 235(c)(3)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)(B)) is amended, in the second section, by-- (1) striking ``physical or sexual abuse'' and inserting ``physical abuse''; and (2) inserting ``a child who has been a victim of sexual abuse,'' after ``significantly harmed or threatened,''. SEC. 1099. COMPTROLLER GENERAL REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that-- (1) describes-- (A) the recordkeeping practices of the Office of Refugee Resettlement with respect to unaccompanied alien children; (B) the processes of the Office of Refugee Resettlement for sharing information with law enforcement; and (C) any shortcomings of the UC Portal, or any related or subsequent database used by the Office of Refugee Resettlement, or by a contractor or grantee of the Office of Refugee Resettlement, for the purposes of maintaining information on unaccompanied alien children; and (2) provides recommendations and a timeline for improvements to the recordkeeping systems of the Office of Refugee Resettlement to mitigate safety risks to unaccompanied alien children. (b) Appropriate Committees of Congress Defined.--In this section, the term the ``appropriate committees of Congress'' means-- (1) the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives. ______