[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Page S2398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 223. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 appropriate place in title XII, insert the 
     following:

     SEC. 12__. ENDING CHILD TRAFFICKING.

       (a) Short Title.--This section may be cited as the ``End 
     Child Trafficking Now Act''.
       (b) DNA Testing.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 211 the following:

     ``SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY REQUIREMENTS.

       ``(a) In General.--Except as provided in subsection (b), an 
     alien who has attained 18 years of age may not be admitted 
     into the United States with a minor.
       ``(b) Exceptions.--An alien described in subsection (a) may 
     be admitted into the United States with a minor if--
       ``(1) the alien presents to the Secretary of Homeland 
     Security--
       ``(A) 1 or more documents that prove that such alien is a 
     relative or guardian of such minor; and
       ``(B) a witness that testifies that such alien is a 
     relative or guardian of such minor; or
       ``(2) a DNA test administered by the Secretary of Health 
     and Human Services proves that such alien is a relative of 
     such minor.
       ``(c) Administration of DNA Test.--The Secretary of 
     Homeland Security shall request, and the Secretary of Health 
     and Human Services shall administer, a DNA test only if the 
     Secretary of Homeland Security is unable to determine, based 
     on the evidence presented in accordance with subsection 
     (b)(1), that an adult alien is a relative or guardian of the 
     minor accompanying such alien.
       ``(d) Denial of Consent.--
       ``(1) Alien.--An alien described in subsection (a) is 
     inadmissible if--
       ``(A) the Secretary of Homeland Security determines that 
     such alien has presented insufficient evidence under 
     subsection (b)(1) to prove that the alien is a relative of 
     the minor; and
       ``(B) the alien refuses to consent to a DNA test.
       ``(2) Minor.--A minor accompanying an alien who is 
     inadmissible under paragraph (1) shall be treated as an 
     unaccompanied alien child (as defined in section 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
       ``(e) DNA Test Results.--If the results of a DNA test 
     administered pursuant to subsection (c) fail to prove that an 
     alien described in subsection (a) is a relative of a minor 
     accompanying such alien, an immigration officer shall conduct 
     such interviews as may be necessary to determine whether such 
     alien is a relative or guardian of such minor.
       ``(f) Arrest.--An immigration officer may, pursuant to 
     section 287, arrest an alien described in subsection (a) if 
     the immigration officer--
       ``(1) determines, after conducting interviews pursuant to 
     subsection (e), that such alien is not related to the minor 
     accompanying the alien; and
       ``(2) has reason to believe that such alien is guilty of a 
     felony offense, including the offenses of human trafficking, 
     recycling of a minor, or alien smuggling.
       ``(g) Definitions.--In this section--
       ``(1) Minor.--The term `minor' means an alien who has not 
     attained 18 years of age.
       ``(2) Recycling.--The term `recycling' means that a minor 
     is being used to enter the United States on more than 1 
     occasion by an alien who has attained 18 years of age and is 
     not the relative or the guardian of such minor;
       ``(3) Relative.--The term `relative' means an individual 
     related by consanguinity within the second degree, as 
     determined by common law.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 211 
     the following:
``Sec. 211A. Familial relationship documentary requirements.''.
       (c) Criminalizing Recycling of Minors.--
       (1) In general.--Chapter 69 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1430. Recycling of minors

       ``(a) In General.--Any person 18 years of age or older who 
     knowingly uses, for the purpose of entering the United 
     States, a minor to whom the individual is not a relative or 
     guardian, shall be fined under this title, imprisoned not 
     more than 10 years, or both.
       ``(b) Relative.--In this section, the term `relative' means 
     an individual related by consanguinity within the second 
     degree, as determined by common law.''.
       (2) Clerical amendment.--The chapter analysis for chapter 
     69 of title 18, United States Code, is amended by adding at 
     the end the following:
``1430. Recycling of minors.''.
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