[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4639-S4640]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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