[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8356 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8356
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 with respect to minor children, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2022
Mr. Crenshaw (for himself, Mr. Ellzey, Mr. Fallon, Mr. Gimenez, Ms. Van
Duyne, Mr. Weber of Texas, Mr. Babin, Mr. Brady, Ms. Granger, Mr.
Burgess, Mr. Posey, and Mr. Pfluger) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 with respect to minor children, and for
other purposes.
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 ``Flores Settlement Update and
Establishment Act of 2022''.
SEC. 2. HOLDING AND PROCESSING OF MINOR CHILDREN.
(a) Treatment of Minor Children.--Not later than 90 days after the
date of the enactment of this Act the Secretary of Homeland Security
shall:
(1) Permit a minor child to be held by the Secretary of
Homeland Security for not more than 120 days prior to being
transferred to the Secretary of Health and Human Services.
(2) Require each member of a family unit seeking asylum at
the United States-Mexico border to take a DNA test, within 72
hours of such family unit encountering the U.S. Customs and
Border Protection, to ensure that the minor children and an
adult of the family unit are first-degree or second-degree
relatives (as described in section 1635.3 of title 29, Code of
Federal Regulations (or any successor thereto)).
(3) Require the detention and segregation, at the same
site, of minor children and each adult in a family unit until
evidence of a familial relationship is established pursuant to
paragraph (2).
(4) Segregate unaccompanied alien children from non-related
adults.
(5) Segregate unaccompanied alien children who are
prepubescent from post-pubescent unaccompanied alien children.
(6) Segregate a family unit from other populations at the
same facility.
(7) Require that the Commissioner of the U.S. Customs and
Border Protection provide each minor child:
(A) Facilities that are safe and sanitary.
(B) Access to toilets, sinks, and hygiene
facilities where non-related adults are not present at
the time of use.
(C) Access to drinking water and food.
(D) Access to appropriate medical assistance.
(E) Facilities that have adequate temperature
control and ventilation.
(F) Adequate supervision to protect the minor
child.
(b) Prosecution of Certain Adults.--If the Secretary of Homeland
Security determines that minor child and adult, presenting as a family
unit, are not first-degree or second-degree relatives (as described in
section 1635.3 of title 29, Code of Federal Regulations (or any
successor thereto)) pursuant to the DNA test required under subsection
(a)(2), the adult shall be referred to the Attorney General for
appropriate action under--
(1) section 1201 of title 18, United States Code;
(2) section 274 of the Immigration and Nationality Act (8
U.S.C. 1324);
(3) section 2422 of title 18, United States Code;
(4) section 1591 of title 18, United States Code; or
(5) any other Federal law determined by the Attorney
General to be appropriate.
(c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours''
and inserting ``120 days''.
(d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the
William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the
following new subparagraph:
``(D) Additional requirements for proposed
custodians.--
``(i) Lawful presence.--An unaccompanied
alien child may not be placed with a proposed
custodian unless the Secretary of Health and
Human Services, in consultation with the
Secretary of Homeland Security, determines that
such custodian is lawfully present in the
United States.
``(ii) Familial relation.--An unaccompanied
alien child may not be placed with a proposed
custodian unless the Secretary of Health and
Human Services, in consultation with the
Secretary of Homeland Security, determines that
such custodian is a first-degree or second-
degree relative of the unaccompanied alien
child as defined in section 1635.3 of title 29,
Code of Federal Regulations (or any successor
thereto).
``(iii) Criminal conviction.--An
unaccompanied alien child may not be placed
with a proposed custodian unless the Secretary
of Health and Human Services, in consultation
with the Secretary of Homeland Security,
determines that such custodian has not been
convicted, or have a charge pending at the time
of consideration of being a proposed custodian,
for a crime of violence (as defined by section
16 of title 18, United States Code), a sexual
offense, an offense with respect to human
trafficking, or kidnapping (as described in
section 1201 of title 18, United States Code)
at the Federal, State, or local level.
``(iv) Definitions.--For the purposes of
this subparagraph:
``(I) Crime of violence.--The term
`crime of violence' shall have the
meaning given such term in section 16
of title 18, United States Code.
``(II) Sexual offense.--The term
`sexual offense' means an act described
in subsections (a) through (d) of
section 920, title 10, United States
Code.
``(III) Offense with respect to
human trafficking.--The term `offense
with respect to human trafficking'
means--
``(aa) sex trafficking in
which a commercial sex act is
induced by force, fraud, or
coercion, or in which the
person induced to perform such
act has not attained 18 years
of age; or
``(bb) the recruitment,
harboring, transportation,
provision, or obtaining of a
person for labor or services,
through the use of force,
fraud, or coercion for the
purpose of subjection to
involuntary servitude, peonage,
debt bondage, or slavery.''.
(e) Age Determinations.--Section 235(b)(4) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232(b)(4)) is amended--
(1) by striking ``The Secretary of Health and Human
Services, in consultation'' and inserting:
``(A) In general.--The Secretary of Health and
Human Services, in consultation''; and
(2) by adding at the end the following new subparagraphs:
``(B) Rule of construction.--
``(i) Reasonable person.--Nothing in this
paragraph may be construed--
``(I) to prevent the Secretary of
Homeland Security from treating an
alien who claims to be a minor, but for
whom the Commissioner of the U.S.
Customs and Border Protection
reasonably concludes is an adult, as an
adult; or
``(II) to prevent the Commissioner
of the U.S. Customs and Border
Protection from segregating a minor
child from other minor children if they
reasonably conclude such minor child is
a threat to other minor children.
``(ii) Display of certain affiliation.--
Nothing in this paragraph may be construed to
prevent the Secretary of Homeland Security from
treating a minor child who has a tattoo or
other means of affiliation, including jewelry,
medallion, or other item, to a known gang,
cartel, or other transnational criminal
organizations as an adult.
``(iii) Transnational criminal organization
defined.--For the purposes of this
subparagraph, the term `transnational criminal
organization' means a self-perpetuating
association of individuals who operate, wholly
or in part, by illegal means and irrespective
of geography.''.
(f) Authorization of Appropriation.--
(1) DNA testing.--There is authorized to be appropriated to
carry out the DNA testing required under subsection (a)(2)
$35,000,000 for fiscal year 2023, to remain available through
September 30, 2025.
(2) Facilities.--There is authorized to be appropriated for
the construction of permanent structures, leased spaces, and
contracted staffing for the purposes described in subsection
(a)(1) $115,000,000 for fiscal year 2023, to remain available
through September 30, 2025.
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