[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Page S722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1536. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. ENDING CHILD TRAFFICKING.

       (a) 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 et seq.) is 
     amended by inserting after the item relating to section 211 
     the following:
``Sec. 211A. Familial relationship documentary requirements.''.
       (b) 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 gaining entry into 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 table of sections 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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