Title: Congressional Access to Children's Detention Facilities Act
Policy area: Immigration

Summary:
Congressional Access to Children's Detention Facilities Act
This bill requires the Department of Justice, the Department of Homeland Security, or the Department of Health and Human Services to allow Members of Congress to tour any facility in which one or more unaccompanied alien children are housed. The Departments must allow members of the press to accompany a visiting Member of Congress and may place limits on such tours based on the number of such children housed.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3084 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3084

  To require the Secretary of Homeland Security and the Secretary of 
    Health and Human Services to allow Members of Congress to tour 
     detention facilities that house unaccompanied alien children.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2018

Mr. Merkley (for himself, Mr. Wyden, and Mr. Van Hollen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Homeland Security and the Secretary of 
    Health and Human Services to allow Members of Congress to tour 
     detention facilities that house unaccompanied alien children.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Access to Children's 
Detention Facilities Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary concerned.--The term ``Secretary concerned'' 
        means, as applicable--
                    (A) the Attorney General;
                    (B) the Secretary of Homeland Security; or
                    (C) the Secretary of Health and Human Services.
            (2) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given the term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 3. MANDATORY ACCESS TO DETENTION FACILITIES HOUSING UNACCOMPANIED 
              ALIEN CHILDREN.

    (a) In General.--Subject to subsection (c), the Secretary concerned 
shall allow a Member of Congress to tour any facility in which 1 or 
more unaccompanied alien children are housed at a time between 8:00 
a.m. and 7:00 p.m. on a date requested by the Member of Congress if, 
not later than 24 hours before midnight on the date requested, the 
Secretary receives written notice from the Member of Congress that 
includes--
            (1) the name of the facility; and
            (2) the date on which the Member of Congress intends to 
        tour the facility.
    (b) Accompanying Members of the Press.--
            (1) In general.--The Secretary concerned shall allow 1 or 
        more members of the press to accompany any Member of Congress 
        on a tour of a facility under this section.
            (2) Limitation.--The Secretary concerned shall not be 
        required to allow a member of the press accompanying a Member 
        of Congress under paragraph (1) to enter such facility with a 
        still or video camera.
    (c) Limitation.--The Secretary concerned may limit a tour under 
subsection (a) to--
            (1) in the case of a facility that houses fewer than 50 
        unaccompanied alien children--
                    (A) not more than 5 Members of Congress; and
                    (B) accompanying members of the press under 
                subsection (b); and
            (2) in the case of a facility that houses not fewer than 50 
        unaccompanied alien children--
                    (A) not more than 10 Members of Congress; and
                    (B) accompanying members of the press under 
                subsection (b).

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to supersede or modify 
applicable--
            (1) Federal child welfare laws, including the Adoption and 
        Safe Families Act of 1997 (Public Law 105-89); or
            (2) child welfare laws of any State.
                                 <all>