II 

116TH CONGRESS 

1ST SESSION S. 661 

To provide for enhanced protections for vulnerable alien children, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2019 

Ms. HIRONO (for herself, Ms. CORTEZ MASTO, Ms. HARRIS, Mr. 

BLUMENTHAL, Mrs. GILLIBRAND, Ms. KLOBUCHAR, Mr. WYDEN, Ms. 

SMITH, Mr. BOOKER, Mr. MARKEY, Mr. SANDERS, and Mr. MERKLEY) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To provide for enhanced protections for vulnerable alien 

children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Trafficking Vic5 tims Protection and Welfare Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) APPREHENDED PARENT OR LEGAL GUARD2 IAN.—The term ‘‘apprehended parent or legal 

3 guardian’’ means an individual who is— 

4 (A) the parent or legal guardian of a child; 

5 and 

6 (B) apprehended by the Secretary or the 

7 personnel of a cooperating entity. 

8 (2) BORDER.—The term ‘‘border’’ means an 

9 international border of the United States. 

10 (3) CHILD.—The term ‘‘child’’ means an indi11 vidual who— 

12 (A) has not reached the age of 18 years; 

13 and 

14 (B) has no permanent immigration status 

15 in the United States. 

16 (4) CHILD WELFARE PROFESSIONAL.—The 

17 term ‘‘child welfare professional’’ means an indi18 vidual who— 

19 (A) is licensed in social work by the State 

20 welfare agency, and, if applicable, county wel21 fare agency, of the State and county in which 

22 the port of entry or Border Patrol station at 

23 which such individual available pursuant to sec24 tion 3 is located; 


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1 (B) has direct experience working with 

2 children; and 

3 (C) is proficient in one or more of the most 

4 common languages spoken by children appre5 hended at the applicable port of entry or Bor6 der Patrol station. 

7 (5) COMMISSIONER.—The term ‘‘Commis8 sioner’’ means the Commissioner of U.S. Customs 

9 and Border Protection. 

10 (6) COOPERATING ENTITY.—The term ‘‘cooper11 ating entity’’ means a State or local entity acting 

12 pursuant to an agreement with the Secretary. 

13 (7) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of Homeland Security. 

15 (8) EXPERT IN CHILD DEVELOPMENT.—The 

16 term ‘‘expert in child development’’ means an indi17 vidual who has significant education and expertise 

18 on infant, child, and adolescent development, and on 

19 the effects of trauma on children. 

20 (9) EXPERT IN CHILD WELFARE.—The term 

21 ‘‘expert in child welfare’’ means an individual who 

22 has— 

23 (A) knowledge of Federal and State child 

24 welfare laws and standards; and 


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1 (B) not less than 15 years of experience in 

2 the field of child and adolescent development or 

3 child welfare. 

4 (10) EXPERT IN PEDIATRIC MEDICINE.—The 

5 term ‘‘expert in pediatric medicine’’ means— 

6 (A) an individual who is board-certified in 

7 pediatric medicine in one or more States; or 

8 (B) an individual with an advanced degree 

9 in pediatric medicine on the faculty of an insti10 tution of higher education in the United States. 

11 (11) MIGRATION DETERRENCE PROGRAM.—The 

12 term ‘‘migration deterrence program’’ means an ac13 tion relating to the repatriation or referral for pros14 ecution of one or more individuals apprehended by 

15 the Secretary or a cooperating entity for a suspected 

16 or confirmed violation of the Immigration and Na17 tionality Act (8 U.S.C. 1101 et seq.). 

18 (12) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of Homeland Security. 

20 (13) UNACCOMPANIED ALIEN CHILD.—The 

21 term ‘‘unaccompanied alien child’’ has the meaning 

22 given the term in section 462(g) of the Homeland 

23 Security Act of 2002 (6 U.S.C. 279(g)). 


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1 SEC. 3. CHILD WELFARE AT THE BORDER. 

2 (a) GUIDELINES.—The Secretary, in consultation 

3 with the Secretary of Health and Human Services, experts 

4 in child development, experts in child welfare, experts in 

5 pediatric medicine, and the American Bar Association 

6 Center on Children and the Law, shall develop guidelines 

7 for the treatment of children in the custody of the Com8 missioner. 

9 (b) MANDATORY TRAINING.—The Secretary, in con10 sultation with the Secretary of Health and Human Serv11 ices, shall— 

12 (1) require all U.S. Customs and Border Pro13 tection personnel, and cooperating entity personnel, 

14 who have contact with a child at a port of entry or 

15 Border Patrol station to undergo appropriate train16 ing, which shall include live training, on— 

17 (A) the applicable legal authorities, poli18 cies, practices, and procedures relating to chil19 dren; and 

20 (B) child development, trauma, and the 

21 manner in which trauma affects the health and 

22 behavior of children; and 

23 (2) require U.S. Customs and Border Protec24 tion personnel, not less frequently than annually, to 

25 undertake continuing training on— 


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1 (A) identifying and responding to common 

2 signs and symptoms of medical distress in chil3 dren; 

4 (B) best practices with respect to the 

5 guidelines developed under subsection (a); and 

6 (C) changes in the legal authorities, poli7 cies, and procedures described in paragraph 

8 (1)(A). 

9 (c) QUALIFIED RESOURCES.— 

10 (1) IN GENERAL.—In accordance with sub11 section (d), the Secretary shall provide resources and 

12 staff, including child welfare professionals, who are 

13 adequately trained and qualified to address the 

14 needs of children at each port of entry and Border 

15 Patrol station. 

16 (2) SUFFICIENT STAFFING.—The Secretary 

17 shall ensure that sufficient qualified child welfare 

18 professionals and qualified experts in pediatric medi19 cine are available at each port of entry and Border 

20 Patrol station to accomplish the duties described in 

21 this section without prolonging the time children and 

22 apprehended parents and legal guardians remain in 

23 the custody of the Commissioner. 

24 (3) CHILD WELFARE EXPERTISE.—The Sec25 retary, in consultation with the Secretary of Health 


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1 and Human Services, shall hire, or seek to enter into 

2 contracts with, independent child welfare profes3 sionals in order to do the following: 

4 (A) To provide child welfare expertise on5 site on a full-time basis at any port of entry or 

6 Border Patrol station that has had not fewer 

7 than 25 children in custody— 

8 (i) on any day during the preceding 

9 fiscal year; or 

10 (ii) during the current fiscal year, 

11 based on a review of monthly statistical re12 ports during the current fiscal year. 

13 (B) To provide child welfare expertise by 

14 telephone on an on-call basis, and on-site as 

15 necessary, to U.S. Customs and Border Protec16 tion staff at any port of entry or Border Patrol 

17 station that is not described in subparagraph 

18 (A). 

19 (C) With respect to a port of entry or Bor20 der Patrol station that is described in subpara21 graph (A) but is without on-site expertise as re22 quired by such subparagraph during a period of 

23 not more than 90 days in which the Secretary, 

24 in consultation with the Secretary of Health 

25 and Human Services, is in the process of hiring 


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1 or seeking to enter into a contract with an on2 site independent child welfare professional, to 

3 provide child welfare expertise by telephone on 

4 an on-call basis to U.S. Customs and Border 

5 Protection staff. 

6 (d) CHILD WELFARE PROFESSIONALS AND EXPERTS

7 IN PEDIATRIC MEDICINE.— 

8 (1) IN GENERAL.—The Secretary, in consulta9 tion with the Secretary of Health and Human Serv10 ices, shall ensure the availability at each port of 

11 entry and Border Patrol station of not fewer than— 

12 (A) one qualified child welfare professional 

13 with expertise in culturally competent, trauma14 centered, and developmentally appropriate 

15 interviewing skills; and 

16 (B) one qualified expert in pediatric medi17 cine. 

18 (2) MEDICAL ASSESSMENTS.—On obtaining 

19 custody of a child, the Commissioner shall ensure 

20 that the child undergoes a medical assessment car21 ried out by, or in consultation with, the expert in pe22 diatric medicine at the applicable port of entry or 

23 Border Patrol Station, in accordance with the guide24 lines developed under subsection (a). 


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1 (3) INTERPRETER REQUIRED.—In the case of a 

2 child welfare professional or an expert in pediatric 

3 medicine at a port of entry or Border Patrol station 

4 who does not speak the language of a child in cus5 tody at such port of entry or station, the Secretary 

6 shall provide an interpreter. 

7 (4) DUTIES.—A child welfare professional de8 scribed in paragraph (1)(A) shall— 

9 (A) ensure that— 

10 (i) any allegation of abuse or mis11 treatment of a child in the custody of the 

12 Commissioner is referred to the appro13 priate Federal and State authorities; 

14 (ii) any investigation of an allegation 

15 described in clause (i)— 

16 (I) receives support from the 

17 child welfare professional, who shall 

18 follow up on the referral under that 

19 clause and coordinate with the inves20 tigation until the completion of the in21 vestigation; and 

22 (II) is conducted by a multidisci23 plinary team that uses a trauma-in24 formed approach to investigation, 

25 such as Children’s Advocacy Centers, 


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1 to the maximum extent practicable; 

2 and 

3 (iii) the Commissioner and the Direc4 tor of the Office of Refugee Resettlement 

5 comply with applicable child abuse report6 ing laws, including by— 

7 (I) ensuring that children in such 

8 custody have access to applicable com9 plaint mechanisms to report abuse or 

10 misconduct; 

11 (II) reporting any allegation of 

12 abuse or mistreatment to— 

13 (aa) the applicable Federal 

14 and State authorities; 

15 (bb) the Office of Inspector 

16 General of the Department; 

17 (cc) the Office for Civil 

18 Rights and Civil Liberties of the 

19 Department; 

20 (dd) the Internal Affairs Of21 fice of U.S. Customs and Border 

22 Protection; and 

23 (ee) the Office of Refugee 

24 Resettlement; 


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1 (III) providing notice to federally 

2 subcontracted legal service providers 

3 in the applicable geographical area 

4 with respect to any child in such cus5 tody who has made an allegation of 

6 abuse or mistreatment; and 

7 (IV) directing the legal service 

8 providers described in subclause (III) 

9 to relevant information relating to the 

10 availability of immigration and admin11 istrative relief for individuals with 

12 pending civil rights complaints; 

13 (B) conduct screening of each child in such 

14 custody in accordance with section 235(a)(4) of 

15 the William Wilberforce Trafficking Victims 

16 Protection Reauthorization Act of 2008 (8 

17 U.S.C. 1232(a)(4)); 

18 (C) with respect to a child who may meet 

19 the notification and transfer requirements 

20 under subsections (a) and (b) of section 235 of 

21 the William Wilberforce Trafficking Victims 

22 Protection Reauthorization Act of 2008 (8 

23 U.S.C. 1232), including a child for whom a de24 termination cannot be made, notify the Sec25 retary and the Director of the Office of Refugee 


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1 Resettlement of the presence of such child at 

2 the port of entry or Border Patrol station; 

3 (D) provide to the Director of U.S. Immi4 gration and Customs Enforcement a best inter5 est placement recommendation for each accom6 panied child and family that— 

7 (i) considers— 

8 (I) the best interests of the child; 

9 and 

10 (II) applicable law; and 

11 (ii) favors a policy of release; 

12 (E) interview any adult relative accom13 panying a child, including any sibling, grand14 parent, aunt, uncle, or cousin of the child; 

15 (F) for each unaccompanied alien child in 

16 such custody, provide to the Director of the Of17 fice of Refugee Resettlement— 

18 (i) an initial family relationship and 

19 trafficking assessment, which shall be con20 ducted in accordance with the timeframe 

21 under subsections (a)(4) and (b)(3) of sec22 tion 235 of the William Wilberforce Traf23 ficking Victims Protection Reauthorization 

24 Act of 2008 (8 U.S.C. 1232); and 


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1 (ii) recommendations for the initial 

2 placement of the child; 

3 (G) pursuant to procedures developed by 

4 the Secretary, maintain the best interests of 

5 children in any migration deterrence program 

6 for family units carried out at a border, includ7 ing by— 

8 (i) inquiring whether a child is trav9 eling with a parent, sibling, or legal guard10 ian; 

11 (ii) ascertaining whether the detention 

12 or removal from the United States of an 

13 apprehended parent or legal guardian of a 

14 child presents a humanitarian concern or a 

15 concern relating to the physical safety of 

16 the apprehended parent or legal guardian; 

17 (iii) in the case of a family separation, 

18 ensuring that— 

19 (I) each member of the family is 

20 provided with a telephone number for 

21 each other member of the family; 

22 (II) the apprehended parent or 

23 legal guardian is afforded the oppor24 tunity to speak with the child of the 

25 apprehended parent or legal guardian 


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1 not fewer than three times weekly, in2 cluding not fewer than 1 video con3 ference; 

4 (III) for each child of the appre5 hended parent or legal guardian, the 

6 apprehended parent or legal guard7 ian— 

8 (aa) knows— 

9 (AA) the location of the 

10 child; and 

11 (BB) the date and loca12 tion of each scheduled immi13 gration court proceeding of 

14 the child; and 

15 (bb) is provided with up16 dated information if the location 

17 of the child or a scheduled immi18 gration court proceeding of the 

19 child changes; 

20 (IV) the location and contact in21 formation for the apprehended parent 

22 or legal guardian is maintained on 

23 file; 

24 (V) before separation, each child 

25 is provided with an opportunity to say 


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1 goodbye to the apprehended parent or 

2 legal guardian; and 

3 (VI) with respect to the health of 

4 the child, the apprehended parent or 

5 legal guardian— 

6 (aa) is able, before separa7 tion, to communicate to per8 sonnel of the Department the 

9 medical history and any known 

10 illness of the child; and 

11 (bb) is informed of any med12 ical treatment administered to 

13 the child, including psychotropic 

14 drugs, during the period in which 

15 the child is in the custody of the 

16 Director of the Office of Refugee 

17 Resettlement; and 

18 (iv) ensuring that, with respect to a 

19 decision relating to the removal from the 

20 United States or referral for prosecution of 

21 an apprehended parent or legal guardian— 

22 (I) consideration is given to— 

23 (aa) the best interests of the 

24 child of the apprehended parent 

25 or legal guardian; 


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1 (bb) family unity, to the 

2 maximum extent possible; and 

3 (cc) any other public interest 

4 factor, including a humanitarian 

5 concern and a concern relating to 

6 the physical safety of the appre7 hended parent or legal guardian; 

8 and 

9 (II) the apprehended parent or 

10 legal guardian and the child have ac11 cess to legal counsel; and 

12 (H) coordinate with the Consulate of Mex13 ico to ensure the safe repatriation of any child 

14 who is a citizen of Mexico. 

15 (5) PRESERVATION OF CONFIDENTIALITY.— 

16 Each child welfare professional shall maintain the 

17 privacy and confidentiality of all information gath18 ered in the course of providing care, custody, place19 ment, and follow-up services to a child pursuant to 

20 this subsection, consistent with the best interest of 

21 the child, by not disclosing such information to other 

22 Federal agencies or nonparental third parties unless 

23 such disclosure— 

24 (A) is in the best interest of the child; 

25 (B) is in writing; 


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1 (C) includes an explanation of the jus2 tification for the disclosure; 

3 (D) is included in the file of the child; and 

4 (E) is— 

5 (i) authorized by the child or an ap6 proved sponsor of the child, in accordance 

7 with section 235 of the William Wilber8 force Trafficking Victims Protection Reau9 thorization Act of 2008 (8 U.S.C. 1232) 

10 and the Health Insurance Portability and 

11 Accountability Act (Public Law 104–191; 

12 110 Stat. 1936); or 

13 (ii) provided to a duly recognized law 

14 enforcement entity to prevent imminent 

15 and serious harm to another individual. 

16 (e) PROHIBITION ON SEPARATION.—The Secretary 

17 may not remove a child from a parent or legal guardian 

18 solely for a purpose as follows: 

19 (1) The purpose of furthering the policy objec20 tive of deterring individuals from migrating to the 

21 United States. 

22 (2) The purpose of furthering the policy objec23 tive of promoting compliance with the immigration 

24 laws. 

25 (f) FAMILY UNIT TRACKING NUMBER.— 


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1 (1) IN GENERAL.—The Secretary shall assign a 

2 family unit tracking number to each member of an 

3 apprehended family unit, including— 

4 (A) an apprehended spouse; 

5 (B) an apprehended parent or legal guard6 ian; 

7 (C) a child of an apprehended parent or 

8 legal guardian; and 

9 (D) each member of a sibling group. 

10 (2) REQUIREMENTS.—The Secretary shall en11 sure that a family unit tracking number— 

12 (A) is transferrable; 

13 (B) may be shared easily among the data 

14 systems of— 

15 (i) U.S. Customs and Border Protec16 tion; 

17 (ii) U.S. Immigration and Customs 

18 Enforcement; and 

19 (iii) the Office of Refugee Resettle20 ment; and 

21 (C)(i) is included on the paperwork of each 

22 member of an apprehended family unit; and 

23 (ii) is not deleted or altered. 

24 (g) MONITORING.—The Secretary shall— 


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1 (1) allow nongovernmental organizations and 

2 State and local child welfare agencies in the jurisdic3 tion in which an apprehended child is located to con4 duct not less than one monthly unannounced, inde5 pendent inspection of any Department facility that 

6 houses one or more children; and 

7 (2) in consultation with one or more child wel8 fare professionals and 1 or more experts in pediatric 

9 medicine, for the purpose of human rights moni10 toring, develop procedures to provide nongovern11 mental organizations regular and full access to any 

12 facility in which one or more children is housed. 

13 (h) REPORT.— 

14 (1) IN GENERAL.—Not later than 18 months 

15 after the date of the enactment of this Act, and 

16 every fiscal quarter thereafter, the Secretary shall 

17 submit to the Committee on the Judiciary, the Com18 mittee on Homeland Security and Governmental Af19 fairs, and the Committee on Health, Education, 

20 Labor, and Pensions of the Senate and the Com21 mittee on the Judiciary, the Committee on Oversight 

22 and Reform, and the Committee on Education and 

23 Labor of the House of Representatives a report that, 

24 for the preceding fiscal quarter— 


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1 (A) describes the procedures used by child 

2 welfare professionals under this section to 

3 screen unaccompanied alien children and chil4 dren accompanied by a parent or legal guard5 ian; 

6 (B) assesses the effectiveness of such 

7 screenings; 

8 (C) includes data on all children screened 

9 by child welfare professionals under this sec10 tion, including— 

11 (i) the number and location of chil12 dren in the physical custody of the Depart13 ment; 

14 (ii) the number of children transferred 

15 to the custody of the Secretary of Health 

16 and Human Services; 

17 (iii) the number of children appre18 hended together with a parent or legal 

19 guardian; 

20 (iv) the number of children separated 

21 from a parent or legal guardian by the De22 partment and the reason for such separa23 tion; and 


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1 (v) the number of children removed 

2 from the United States and the countries 

3 of nationality of such children; and 

4 (D) includes documentation of— 

5 (i) compliance with the guidelines de6 veloped pursuant to this section; 

7 (ii) instances of noncompliance with 

8 such guidelines; and 

9 (iii) actions taken to correct non10 compliance with such guidelines. 

11 (2) LIMITATION.—The data under paragraph 

12 (1)(C) shall not include the personally identifiable 

13 information of any child. 

14 (i) IMMEDIATE NOTIFICATION.—With respect to a 

15 child in the custody of the Secretary, to effectively and 

16 efficiently coordinate the transfer of the child to and place17 ment of the child with the Director of the Office of Ref18 ugee Resettlement, the Secretary shall notify the Director 

19 of the Office of Refugee Resettlement as soon as prac20 ticable, but not later than 48 hours after the time at which 

21 the Secretary encounters the child. 

22 (j) STANDARDS OF CARE FOR SHORT-TERM CUS23 TODY OF CHILDREN.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the SecVerDate Sep 11 2014 02:15 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S661.IS S661

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1 retary, in consultation with the head of the Office 

2 for Civil Rights and Civil Liberties of the Depart3 ment, shall promulgate regulations establishing basic 

4 standards of care for the short-term custody of chil5 dren by the Commissioner. 

6 (2) REQUIREMENTS.—The regulations promul7 gated pursuant to paragraph (1) shall ensure that 

8 all children in the custody of the Commissioner, 

9 while in such custody— 

10 (A) receive a health interview, a medical 

11 assessment, and all necessary medical treat12 ment, including emergency medical care, as nec13 essary; 

14 (B) receive emergency medical and mental 

15 health care in compliance with section 8(c) of 

16 the Prison Rape Elimination Act of 2003 (42 

17 U.S.C. 15607(c)), as necessary, including in 

18 any case in which a child is at risk of harming 

19 himself or herself or others; 

20 (C) are provided— 

21 (i) continual access to potable water; 

22 (ii) a climate-appropriate environ23 ment; 

24 (iii) climate-appropriate clothing and 

25 shoes; 


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1 (iv) access to bathroom facilities and 

2 hygiene items, including soap, feminine hy3 giene products, toothpaste, toothbrushes 

4 and towels, and, in the case of any child in 

5 such custody for more than 24 hours, 

6 showers; 

7 (v) a pillow; 

8 (vi) linens; 

9 (vii) sufficient blankets to rest at a 

10 comfortable temperature; 

11 (viii) diapers, diapering supplies, in12 fant formula, and infant feeding supplies, 

13 as necessary; 

14 (ix) in the case of any child in such 

15 custody for more than 12 hours, access to 

16 a bed and adequate bedding; and 

17 (x) a location to sleep in which the 

18 lights are dimmed; 

19 (D)(i) are offered food at the time at 

20 which the Commissioner obtains custody of the 

21 child; and 

22 (ii) receive adequate nutrition, including 

23 not fewer than three daily meals that include 1 

24 or more fruits or vegetables; 


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1 (E) have a safe and sanitary living envi2 ronment; 

3 (F) in the case of any child in such cus4 tody for more than 24 hours, have access to 

5 daily recreational programs and activities, in6 cluding recreational time outdoors; 

7 (G) have regular access to legal services 

8 and consular officials in person and tele9 phonically; and 

10 (H) are permitted to make supervised 

11 video conference calls, if available, and tele12 phone calls to family members. 

13 (k) ENSURING CHILDREN HAVE ACCESS TO LEGAL

14 RIGHTS.— 

15 (1) IN GENERAL.—The Secretary shall ensure 

16 that each child, on apprehension, is provided— 

17 (A) an interview and screening with a child 

18 welfare professional as described in subsection 

19 (d); and 

20 (B) a video orientation and oral and writ21 ten notice, in a language understood by the 

22 child, of the rights of the child under the Immi23 gration and Nationality Act (8 U.S.C. 1101 et 

24 seq.), including— 

25 (i) the right to relief from removal; 


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1 (ii) the right— 

2 (I) to confer with counsel under 

3 section 292 of such Act (8 U.S.C. 

4 1362); and 

5 (II) to have access to family or 

6 friends while in the temporary custody 

7 of the Department; and 

8 (iii) the applicable complaint mecha9 nism to report any abuse, mistreatment, or 

10 misconduct. 

11 (2) LANGUAGES.—The Secretary shall ensure 

12 that, at each location at which one or more children 

13 are held in custody, the video orientation described 

14 in paragraph (1)(B) is available in English and the 

15 five most common native languages spoken by chil16 dren held in custody at that location during the pre17 ceding fiscal year. 

18 (3) ACCESS TO LEGAL COUNSEL.—The Sec19 retary shall ensure that each apprehended parent or 

20 legal guardian and each child is provided access to 

21 one or more nongovernmental organizations that 

22 provide legal assistance. 

23 (l) CHILD PROTECTION POLICIES.—With respect to 

24 children, the Secretary shall adopt fundamental child pro25 tection policies and procedures— 


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1 (1) to make reliable age determinations, devel2 oped in consultation with experts in the physio3 logical, cognitive, and emotional development of chil4 dren and experts in pediatric medicine, which shall 

5 exclude the use of fallible forensic testing of the 

6 bones and teeth of children; 

7 (2) to use all legal authorities to defer the re8 moval from the United States of a child who faces 

9 a risk of life-threatening harm on return, including 

10 harm due to the mental health or medical condition 

11 of the child; and 

12 (3) to ensure, in accordance with the Juvenile 

13 Justice and Delinquency Prevention Act of 1974 (42 

14 U.S.C. 5601 et seq.), that a child in custody of the 

15 Secretary is separated physically, and by sight and 

16 sound, from any— 

17 (A) immigration detainee or inmate with a 

18 criminal conviction; 

19 (B) pretrial inmate facing criminal pros20 ecution; and 

21 (C) inmate exhibiting violent behavior. 

22 (m) PRESERVATION OF RECORDS.—The Secretary 

23 shall preserve all records associated with children in the 

24 custody of the Commissioner, including records as follows: 


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1 (1) Records containing information on the iden2 tity of any child, and, if accompanied by any family 

3 member, on the identity of such family member. 

4 (2) Records associated with reported incidents 

5 of abuse of children while in custody. 

6 (n) TRANSFER OF FUNDS.— 

7 (1) AUTHORIZATION.—The Secretary, in ac8 cordance with a written agreement between the Sec9 retary and the Secretary of Health and Human 

10 Services, to the extent and in such amounts as are 

11 provided in advance in appropriations Acts, shall 

12 transfer from amounts appropriated for U.S. Cus13 toms and Border Protection to the Department of 

14 Health and Human Services such amounts as may 

15 be necessary to carry out the duties described in 

16 subsections (c) and (d)(4). 

17 (2) REPORT.—Not later than 15 days before 

18 the date of any proposed transfer under paragraph 

19 (1), the Secretary of Health and Human Services, in 

20 consultation with the Secretary, shall submit to the 

21 Committee on Appropriations of the Senate and the 

22 Committee on Appropriations of the House of Rep23 resentatives a detailed expenditure plan that de24 scribes the actions proposed to be taken with the 

25 amounts transferred under such paragraph. 


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1 SEC. 4. SAVINGS PROVISIONS. 

2 (a) FEDERAL LAW.—Nothing in this Act may be con3 strued to supersede or modify— 

4 (1) the William Wilberforce Trafficking Victims 

5 Protection Act of 2008 (8 U.S.C. 1232 et seq.); 

6 (2) the Stipulated Settlement Agreement filed 

7 in the United States District Court for the Central 

8 District of California on January 17, 1997 (CV 85– 

9 4544–RJK) (commonly known as the ‘‘Flores Settle10 ment Agreement’’); 

11 (3) the Homeland Security Act of 2002 (6 

12 U.S.C. 101 et seq.); or 

13 (4) any applicable Federal child welfare law, in14 cluding the Adoption and Safe Families Act of 1997 

15 (Public Law 105–89). 

16 (b) STATE LAW.—Nothing in this Act may be con17 strued to supersede or modify any applicable State child 

18 welfare law. 

Æ 


kjohnson on DSK79L0C42 with BILLS