[Congressional Record Volume 161, Number 41 (Wednesday, March 11, 2015)]
[Senate]
[Pages S1445-S1446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 293. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 178, to provide justice for the victims of
trafficking; which was ordered to lie on the table; as follows:
At the end of title I, add the following:
SEC. 118. PROTECTING CHILD TRAFFICKING VICTIMS.
(a) Short Title.--This section may be cited as the ``Child
Trafficking Victims Protection Act''.
(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).
(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.
(d) Care and Transportation.--
(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.
(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.
(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).
(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--
[[Page S1446]]
(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;
(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));
(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
(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 of
Homeland Security, 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 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.
(h) Notice of Rights and Right to Access to Counsel.--
(1) In general.--The Secretary of Homeland Security 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 (8
U.S.C. 1101 et seq.), 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 of
Homeland Security; and
(iii) relevant complaint mechanisms to report any abuse or
misconduct they may have experienced.
(2) Languages.--The Secretary of Homeland Security 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 of
Homeland Security 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 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.
(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--
(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.
______