[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 844 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 844

To provide for the protection of unaccompanied alien children, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2007

Mrs. Feinstein (for herself, Mr. Hagel, Mr. Kennedy, Mr. Feingold, Ms. 
Cantwell, and Mr. Kerry) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for the protection of unaccompanied alien 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Unaccompanied 
Alien Child Protection Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
     TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

Sec. 101. Procedures when encountering unaccompanied alien children.
Sec. 102. Family reunification for unaccompanied alien children with 
                            relatives in the United States.
Sec. 103. Appropriate conditions for detention of unaccompanied alien 
                            children.
Sec. 104. Repatriated unaccompanied alien children.
Sec. 105. Establishing the age of an unaccompanied alien child.
Sec. 106. Effective date.
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND 
                                COUNSEL

Sec. 201. Child advocates.
Sec. 202. Counsel.
Sec. 203. Effective date; applicability.
  TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

Sec. 301. Special immigrant juvenile classification.
Sec. 302. Training for officials and certain private parties who come 
                            into contact with unaccompanied alien 
                            children.
Sec. 303. Report.
             TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS

Sec. 401. Guidelines for children's asylum claims.
Sec. 402. Unaccompanied refugee children.
Sec. 403. Exceptions for unaccompanied alien children in asylum and 
                            refugee-like circumstances.
        TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

Sec. 501. Additional responsibilities and powers of the Office of 
                            Refugee Resettlement with respect to 
                            unaccompanied alien children.
Sec. 502. Technical corrections.
Sec. 503. Effective date.
               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

Sec. 601. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Competent.--The term ``competent'', in reference to 
        counsel, means an attorney, or a representative authorized to 
        represent unaccompanied alien children in immigration 
        proceedings or matters, who--
                    (A) complies with the duties set forth in this Act;
                    (B) is--
                            (i) properly qualified to handle matters 
                        involving unaccompanied alien children; or
                            (ii) working under the auspices of a 
                        qualified nonprofit organization that is 
                        experienced in handling such matters; and
                    (C) if an attorney--
                            (i) is a member in good standing of the bar 
                        of the highest court of any State, possession, 
                        territory, Commonwealth, or the District of 
                        Columbia; and
                            (ii) is not under any order of any court 
                        suspending, enjoining, restraining, disbarring, 
                        or otherwise restricting the attorney in the 
                        practice of law.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Director.--The term ``Director'' means the Director of 
        the Office.
            (4) Office.--The term ``Office'' means the Office of 
        Refugee Resettlement established by section 411 of the 
        Immigration and Nationality Act (8 U.S.C. 1521).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given the term in 101(a)(51) of 
        the Immigration and Nationality Act, as added by subsection 
        (b).
            (7) Voluntary agency.--The term ``voluntary agency'' means 
        a private, nonprofit voluntary agency with expertise in meeting 
        the cultural, developmental, or psychological needs of 
        unaccompanied alien children, as certified by the Director.
    (b) Amendments to the Immigration and Nationality Act.--Section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is 
amended by adding at the end the following:
    ``(51) The term `unaccompanied alien child' means a child who--
            ``(A) has no lawful immigration status in the United 
        States;
            ``(B) has not attained 18 years of age; and
            ``(C) with respect to whom--
                    ``(i) there is no parent or legal guardian in the 
                United States; or
                    ``(ii) no parent or legal guardian in the United 
                States is available to provide care and physical 
                custody.
    ``(52) The term `unaccompanied refugee children' means persons 
described in paragraph (42) who--
            ``(A) have not attained 18 years of age; and
            ``(B) with respect to whom there are no parents or legal 
        guardians available to provide care and physical custody.''.
    (c) Rule of Construction.--
            (1) State courts acting in loco parentis.--A department or 
        agency of a State, or an individual or entity appointed by a 
        State court or a juvenile court located in the United States, 
        acting in loco parentis, shall not be considered a legal 
        guardian for purposes of section 462 of the Homeland Security 
        Act of 2002 (6 U.S.C. 279) or this Act.
            (2) Clarification of the definition of unaccompanied alien 
        child.--For the purposes of section 462(g)(2) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(g)(2)) and this Act, a 
        parent or legal guardian shall not be considered to be 
        available to provide care and physical custody of an alien 
        child unless such parent is in the physical presence of, and 
        able to exercise parental responsibilities over, such child at 
        the time of such child's apprehension and during the child's 
        detention.

     TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN CHILDREN.

    (a) Unaccompanied Children Found Along the United States Border or 
at United States Ports of Entry.--
            (1) In general.--Subject to paragraph (2), an immigration 
        officer who finds an unaccompanied alien child described in 
        paragraph (2) at a land border or port of entry of the United 
        States and determines that such child is inadmissible under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall--
                    (A) permit such child to withdraw the child's 
                application for admission pursuant to section 235(a)(4) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1225(a)(4)); and
                    (B) return such child to the child's country of 
                nationality or country of last habitual residence.
            (2) Special rule for contiguous countries.--
                    (A) In general.--Any child who is a national or 
                habitual resident of a country, which is contiguous 
                with the United States and has an agreement in writing 
                with the United States that provides for the safe 
                return and orderly repatriation of unaccompanied alien 
                children who are nationals or habitual residents of 
                such country, shall be treated in accordance with 
                paragraph (1) if the Secretary determines, on a case-
                by-case basis, that--
                            (i) such child is a national or habitual 
                        resident of a country described in this 
                        subparagraph;
                            (ii) such child does not have a fear of 
                        returning to the child's country of nationality 
                        or country of last habitual residence owing to 
                        a fear of persecution;
                            (iii) the return of such child to the 
                        child's country of nationality or country of 
                        last habitual residence would not endanger the 
                        life or safety of such child; and
                            (iv) the child is able to make an 
                        independent decision to withdraw the child's 
                        application for admission due to age or other 
                        lack of capacity.
                    (B) Right of consultation.--Any child described in 
                subparagraph (A) shall have the right, and shall be 
                informed of that right in the child's native language--
                            (i) to consult with a consular officer from 
                        the child's country of nationality or country 
                        of last habitual residence prior to 
                        repatriation; and
                            (ii) to consult, telephonically, with the 
                        Office.
            (3) Rule for apprehensions at the border.--The custody of 
        unaccompanied alien children not described in paragraph (2) who 
        are apprehended at the border of the United States or at a 
        United States port of entry shall be treated in accordance with 
        subsection (b).
    (b) Care and Custody of Unaccompanied Alien Children Found in the 
Interior of the United States.--
            (1) Establishment of jurisdiction.--
                    (A) In general.--Except as otherwise provided under 
                subparagraphs (B) and (C) and subsection (a), the care 
                and custody of all unaccompanied alien children, 
                including responsibility for their detention, where 
                appropriate, shall be under the jurisdiction of the 
                Office.
                    (B) Exception for children who have committed 
                crimes.--Notwithstanding subparagraph (A), the 
                Department of Justice shall retain or assume the 
                custody and care of any unaccompanied alien who is--
                            (i) in the custody of the Department of 
                        Justice pending prosecution for a Federal crime 
                        other than a violation of the Immigration and 
                        Nationality Act; or
                            (ii) serving a sentence pursuant to a 
                        conviction for a Federal crime.
                    (C) Exception for children who threaten national 
                security.--Notwithstanding subparagraph (A), the 
                Department shall retain or assume the custody and care 
                of an unaccompanied alien child if the Secretary has 
                substantial evidence, based on an individualized 
                determination, that such child could personally 
                endanger the national security of the United States.
            (2) Notification.--
                    (A) In general.--Each department or agency of the 
                Federal Government shall promptly notify the Office 
                upon--
                            (i) the apprehension of an unaccompanied 
                        alien child;
                            (ii) the discovery that an alien in the 
                        custody of such department or agency is an 
                        unaccompanied alien child;
                            (iii) any claim by an alien in the custody 
                        of such department or agency that such alien is 
                        younger than 18 years of age; or
                            (iv) any suspicion that an alien in the 
                        custody of such department or agency who has 
                        claimed to be at least 18 years of age is 
                        actually younger than 18 years of age.
                    (B) Special rule.--The Director shall--
                            (i) make an age determination for an alien 
                        described in clause (iii) or (iv) of 
                        subparagraph (A) in accordance with section 
                        105; and
                            (ii) take whatever other steps are 
                        necessary to determine whether such alien is 
                        eligible for treatment under section 462 of the 
                        Homeland Security Act of 2002 (6 U.S.C. 279) or 
                        under this Act.
            (3) Transfer of unaccompanied alien children.--
                    (A) Transfer to the office.--Any Federal department 
                or agency that has an unaccompanied alien child in its 
                custody shall transfer the custody of such child to the 
                Office--
                            (i) not later than 72 hours after a 
                        determination is made that such child is an 
                        unaccompanied alien, if the child is not 
                        described in subparagraph (B) or (C) of 
                        paragraph (1);
                            (ii) if the custody and care of the child 
                        has been retained or assumed by the Attorney 
                        General under paragraph (1)(B) or by the 
                        Department under paragraph (1)(C), following a 
                        determination that the child no longer meets 
                        the description set forth in such 
                        subparagraphs; or
                            (iii) if the child was previously released 
                        to an individual or entity described in section 
                        102(a)(1), upon a determination by the Director 
                        that such individual or entity is no longer 
                        able to care for the child.
                    (B) Transfer to the department.--The Director shall 
                transfer the care and custody of an unaccompanied alien 
                child in the custody of the Office or the Department of 
                Justice to the Department upon determining that the 
                child is described in subparagraph (B) or (C) of 
                paragraph (1).
                    (C) Promptness of transfer.--If a child needs to be 
                transferred under this paragraph, the sending office 
                shall make prompt arrangements to transfer such child 
                and the receiving office shall make prompt arrangements 
                to receive such child.
    (c) Age Determinations.--If the age of an alien is in question and 
the resolution of questions about the age of such alien would affect 
the alien's eligibility for treatment under section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279) or this Act, a determination of 
whether or not such alien meets such age requirements shall be made in 
accordance with section 105, unless otherwise specified in subsection 
(b)(2)(B).
    (d) Access to Alien.--The Secretary and the Attorney General shall 
permit the Office to have reasonable access to aliens in the custody of 
the Secretary or the Attorney General to ensure a prompt determination 
of the age of such alien, if necessary under subsection (b)(2)(B).

SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN CHILDREN WITH 
              RELATIVES IN THE UNITED STATES.

    (a) Placement of Released Children.--
            (1) Order of preference.--Subject to the discretion of the 
        Director under paragraph (4), section 103(a)(2), and section 
        462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(b)(2)), an unaccompanied alien child in the custody of the 
        Office shall be promptly placed with 1 of the following 
        individuals or entities in the following order of preference:
                    (A) A parent who seeks to establish custody under 
                paragraph (3)(A).
                    (B) A legal guardian who seeks to establish custody 
                under paragraph (3)(A).
                    (C) An adult relative.
                    (D) An individual or entity designated by the 
                parent or legal guardian that is capable and willing to 
                care for the well being of the child.
                    (E) A State-licensed family foster home, small 
                group home, or juvenile shelter willing to accept 
                custody of the child.
                    (F) A qualified adult or entity, as determined by 
                the Director by regulation, seeking custody of the 
                child if the Director determines that no other likely 
                alternative to long-term detention exists and family 
                reunification does not appear to be a reasonable 
                alternative.
            (2) Suitability assessment.--
                    (A) General requirements.--Notwithstanding 
                paragraph (1), and subject to the requirements of 
                subparagraph (B), an unaccompanied alien child may not 
                be placed with a person or entity described in any of 
                subparagraphs (A) through (F) of paragraph (1) unless 
                the Director provides written certification that the 
                proposed custodian is capable of providing for the 
                child's physical and mental well-being, based on--
                            (i) with respect to an individual 
                        custodian--
                                    (I) verification of such 
                                individual's identity and employment;
                                    (II) a finding that such individual 
                                has not engaged in any activity that 
                                would indicate a potential risk to the 
                                child, including the people and 
                                activities described in paragraph 
                                (4)(A)(i);
                                    (III) a finding that such 
                                individual is not the subject of an 
                                open investigation by a State or local 
                                child protective services authority due 
                                to suspected child abuse or neglect;
                                    (IV) verification that such 
                                individual has a plan for the provision 
                                of care for the child;
                                    (V) verification of familial 
                                relationship of such individual, if any 
                                relationship is claimed; and
                                    (VI) verification of nature and 
                                extent of previous relationship;
                            (ii) with respect to a custodial entity, 
                        verification of such entity's appropriate 
                        licensure by the State, county, or other 
                        applicable unit of government; and
                            (iii) such other information as the 
                        Director determines appropriate.
                    (B) Home study.--
                            (i) In general.--The Director shall place a 
                        child with any custodian described in any of 
                        subparagraphs (A) through (F) of paragraph (1) 
                        unless the Director determines that a home 
                        study with respect to such custodian is 
                        necessary.
                            (ii) Special needs children.--A home study 
                        shall be conducted to determine if the 
                        custodian can properly meet the needs of--
                                    (I) a special needs child with a 
                                disability (as defined in section 3 of 
                                the Americans with Disabilities Act of 
                                1990 (42 U.S.C. 12102(2)); or
                                    (II) a child who has been the 
                                object of physical or mental injury, 
                                sexual abuse, negligent treatment, or 
                                maltreatment under circumstances which 
                                indicate that the child's health or 
                                welfare has been harmed or threatened.
                            (iii) Follow-up services.--The Director 
                        shall conduct follow-up services for at least 
                        90 days on custodians for whom a home study was 
                        conducted under this subparagraph.
                    (C) Contract authority.--The Director may, by grant 
                or contract, arrange for some or all of the activities 
                under this section to be carried out by--
                            (i) an agency of the State of the child's 
                        proposed residence;
                            (ii) an agency authorized by such State to 
                        conduct such activities; or
                            (iii) an appropriate voluntary or nonprofit 
                        agency.
                    (D) Database access.--In conducting suitability 
                assessments, the Director shall have access to all 
                relevant information in the appropriate Federal, State, 
                and local law enforcement and immigration databases.
            (3) Right of parent or legal guardian to custody of 
        unaccompanied alien child.--
                    (A) Placement with parent or legal guardian.--If an 
                unaccompanied alien child is placed with any person or 
                entity other than a parent or legal guardian, and 
                subsequent to that placement a parent or legal guardian 
                seeks to establish custody, the Director shall--
                            (i) assess the suitability of placing the 
                        child with the parent or legal guardian; and
                            (ii) make a written determination regarding 
                        the child's placement within 30 days.
                    (B) Rule of construction.--Nothing in this Act 
                shall be construed to--
                            (i) supersede obligations under any treaty 
                        or other international agreement to which the 
                        United States is a party, including--
                                    (I) the Convention on the Civil 
                                Aspects of International Child 
                                Abduction, done at The Hague, October 
                                25, 1980 (TIAS 11670);
                                    (II) the Vienna Declaration and 
                                Program of Action, adopted at Vienna, 
                                June 25, 1993; and
                                    (III) the Declaration of the Rights 
                                of the Child, adopted at New York, 
                                November 20, 1959; or
                            (ii) limit any right or remedy under such 
                        international agreement.
            (4) Protection from smugglers and traffickers.--
                    (A) Policies and programs.--
                            (i) In general.--The Director shall 
                        establish policies and programs to ensure that 
                        unaccompanied alien children are protected from 
                        smugglers, traffickers, or other persons 
                        seeking to victimize or otherwise engage such 
                        children in criminal, harmful, or exploitative 
                        activity.
                            (ii) Witness protection programs 
                        included.--Programs established pursuant to 
                        clause (i) may include witness protection 
                        programs.
                    (B) Criminal investigations and prosecutions.--Any 
                officer or employee of the Office or of the Department, 
                and any grantee or contractor of the Office or of the 
                Department, who suspects any individual of involvement 
                in any activity described in subparagraph (A) shall 
                report such individual to Federal or State prosecutors 
                for criminal investigation and prosecution.
                    (C) Disciplinary action.--Any officer or employee 
                of the Office or the Department, and any grantee or 
                contractor of the Office, who believes that a competent 
                attorney or representative has been a participant in 
                any activity described in subparagraph (A), shall 
                report the attorney to the State bar association of 
                which the attorney is a member, or to other appropriate 
                disciplinary authorities, for appropriate disciplinary 
                action, including private or public admonition or 
                censure, suspension, or disbarment of the attorney from 
                the practice of law.
            (5) Grants and contracts.--The Director may award grants 
        to, and enter into contracts with, voluntary agencies to carry 
        out this section or section 462 of the Homeland Security Act of 
        2002 (6 U.S.C. 279).
    (b) Confidentiality.--
            (1) In general.--All information obtained by the Office 
        relating to the immigration status of a person described in 
        subparagraphs (A), (B), and (C) of subsection (a)(1) shall 
        remain confidential and may only be used to determine such 
        person's qualifications under subsection (a)(1).
            (2) Nondisclosure of information.--In consideration of the 
        needs and privacy of unaccompanied alien children in the 
        custody of the Office or its agents, and the necessity to 
        guarantee the confidentiality of such children's information in 
        order to facilitate their trust and truthfulness with the 
        Office, its agents, and clinicians, the Office shall maintain 
        the privacy and confidentiality of all information gathered in 
        the course of the care, custody, and placement of unaccompanied 
        alien children, consistent with its role and responsibilities 
        under the Homeland Security Act to act as guardian in loco 
        parentis in the best interest of the unaccompanied alien child, 
        by not disclosing such information to other government agencies 
        or nonparental third parties.
    (c) Required Disclosure.--The Secretary or the Secretary of Health 
and Human Services shall provide the information furnished under this 
section, and any other information derived from such furnished 
information, to--
            (1) a duly recognized law enforcement entity in connection 
        with an investigation or prosecution of an offense described in 
        paragraph (2) or (3) of section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), when such information is 
        requested in writing by such entity; or
            (2) an official coroner for purposes of affirmatively 
        identifying a deceased individual (whether or not such 
        individual is deceased as a result of a crime).
    (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Standards for Placement.--
            (1) Order of preference.--An unaccompanied alien child who 
        is not released pursuant to section 102(a)(1) shall be placed 
        in the least restrictive setting possible in the following 
        order of preference:
                    (A) Licensed family foster home.
                    (B) Small group home.
                    (C) Juvenile shelter.
                    (D) Residential treatment center.
                    (E) Secure detention.
            (2) Prohibition of detention in certain facilities.--Except 
        as provided under paragraph (3), an unaccompanied alien child 
        shall not be placed in an adult detention facility or a 
        facility housing delinquent children.
            (3) Detention in appropriate facilities.--An unaccompanied 
        alien child who has exhibited violent or criminal behavior that 
        endangers others may be detained in conditions appropriate to 
        such behavior in a facility appropriate for delinquent 
        children.
            (4) State licensure.--A child shall not be placed with an 
        entity described in section 102(a)(1)(E), unless the entity is 
        licensed by an appropriate State agency to provide residential, 
        group, child welfare, or foster care services for dependent 
        children.
            (5) Conditions of detention.--
                    (A) In general.--The Director and the Secretary 
                shall promulgate regulations incorporating standards 
                for conditions of detention in placements described in 
                paragraph (1) that provide for--
                            (i) educational services appropriate to the 
                        child;
                            (ii) medical care;
                            (iii) mental health care, including 
                        treatment of trauma, physical and sexual 
                        violence, and abuse;
                            (iv) access to telephones;
                            (v) access to legal services;
                            (vi) access to interpreters;
                            (vii) supervision by professionals trained 
                        in the care of children, taking into account 
                        the special cultural, linguistic, and 
                        experiential needs of children in immigration 
                        proceedings;
                            (viii) recreational programs and 
                        activities;
                            (ix) spiritual and religious needs; and
                            (x) dietary needs.
                    (B) Notification of children.--Regulations 
                promulgated under subparagraph (A) shall provide that 
                all children in such placements are notified of such 
                standards orally and in writing in the child's native 
                language.
    (b) Prohibition of Certain Practices.--The Director and the 
Secretary shall develop procedures prohibiting the unreasonable use 
of--
            (1) shackling, handcuffing, or other restraints on 
        children;
            (2) solitary confinement; or
            (3) pat or strip searches.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to supersede procedures favoring release of children to 
appropriate adults or entities or placement in the least secure setting 
possible, as described in paragraph 23 of the Stipulated Settlement 
Agreement under Flores v. Reno.

SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

    (a) Country Conditions.--
            (1) Sense of congress.--It is the sense of Congress that, 
        to the extent consistent with the treaties and other 
        international agreements to which the United States is a party, 
        and to the extent practicable, the United States Government 
        should undertake efforts to ensure that it does not repatriate 
        children in its custody into settings that would threaten the 
        life and safety of such children.
            (2) Assessment of conditions.--
                    (A) In general.--The Secretary of State shall 
                include, in the annual Country Reports on Human Rights 
                Practices, an assessment of the degree to which each 
                country protects children from smugglers and 
                traffickers.
                    (B) Factors for assessment.--The Secretary shall 
                consult the Country Reports on Human Rights Practices 
                and the Trafficking in Persons Report in assessing 
                whether to repatriate an unaccompanied alien child to a 
                particular country.
    (b) Report on Repatriation of Unaccompanied Alien Children.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary shall submit a report to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives on efforts to repatriate 
        unaccompanied alien children.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) the number of unaccompanied alien children 
                ordered removed and the number of such children 
                actually removed from the United States;
                    (B) a description of the type of immigration relief 
                sought and denied to such children;
                    (C) a statement of the nationalities, ages, and 
                gender of such children;
                    (D) a description of the procedures used to effect 
                the removal of such children from the United States;
                    (E) a description of steps taken to ensure that 
                such children were safely and humanely repatriated to 
                their country of origin; and
                    (F) any information gathered in assessments of 
                country and local conditions pursuant to subsection 
                (a)(2).

SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN CHILD.

    (a) Procedures.--
            (1) In general.--The Director, in consultation with the 
        Secretary, shall develop procedures to make a prompt 
        determination of the age of an alien, which procedures shall be 
        used--
                    (A) by the Secretary, with respect to aliens in the 
                custody of the Department;
                    (B) by the Director, with respect to aliens in the 
                custody of the Office; and
                    (C) by the Attorney General, with respect to aliens 
                in the custody of the Department of Justice.
            (2) Evidence.--The procedures developed under paragraph (1) 
        shall--
                    (A) permit the presentation of multiple forms of 
                evidence, including testimony of the alien, to 
                determine the age of the unaccompanied alien for 
                purposes of placement, custody, parole, and detention; 
                and
                    (B) allow the appeal of a determination to an 
                immigration judge.
    (b) Prohibition on Sole Means of Determining Age.--Radiographs or 
the attestation of an alien may not be used as the sole means of 
determining age for the purposes of determining an alien's eligibility 
for treatment under this Act or section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279).
    (c) Rule of Construction.--Nothing in this section may be construed 
to place the burden of proof in determining the age of an alien on the 
Government.

SEC. 106. EFFECTIVE DATE.

    This title shall take effect on the date which is 90 days after the 
date of the enactment of this Act.

TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND 
                                COUNSEL

SEC. 201. CHILD ADVOCATES.

    (a) Establishment of Child Advocate Program.--
            (1) Appointment.--The Director may appoint a child 
        advocate, who meets the qualifications described in paragraph 
        (2), for an unaccompanied alien child. The Director is 
        encouraged, if practicable, to contract with a voluntary agency 
        for the selection of an individual to be appointed as a child 
        advocate under this paragraph.
            (2) Qualifications of child advocate.--
                    (A) In general.--A person may not serve as a child 
                advocate unless such person--
                            (i) is a child welfare professional or 
                        other individual who has received training in 
                        child welfare matters;
                            (ii) possesses special training on the 
                        nature of problems encountered by unaccompanied 
                        alien children; and
                            (iii) is not an employee of the Department, 
                        the Department of Justice, or the Department of 
                        Health and Human Services.
                    (B) Independence of child advocate.--
                            (i) Independence from agencies of 
                        government.--The child advocate shall act 
                        independently of any agency of government in 
                        making and reporting findings or making 
                        recommendations with respect to the best 
                        interests of the child. No agency shall 
                        terminate, reprimand, de-fund, intimidate, or 
                        retaliate against any person or entity 
                        appointed under paragraph (1) because of the 
                        findings and recommendations made by such 
                        person relating to any child.
                            (ii) Prohibition of conflict of interest.--
                        No person shall serve as a child advocate for a 
                        child if such person is providing legal 
                        services to such child.
            (3) Duties.--The child advocate of a child shall--
                    (A) conduct interviews with the child in a manner 
                that is appropriate, taking into account the child's 
                age;
                    (B) investigate the facts and circumstances 
                relevant to the child's presence in the United States, 
                including facts and circumstances--
                            (i) arising in the country of the child's 
                        nationality or last habitual residence; and
                            (ii) arising subsequent to the child's 
                        departure from such country;
                    (C) work with counsel to identify the child's 
                eligibility for relief from removal or voluntary 
                departure by sharing with counsel relevant information 
                collected under subparagraph (B);
                    (D) develop recommendations on issues relative to 
                the child's custody, detention, release, and 
                repatriation;
                    (E) take reasonable steps to ensure that--
                            (i) the best interests of the child are 
                        promoted while the child participates in, or is 
                        subject to, proceedings or matters under the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.);
                            (ii) the child understands the nature of 
                        the legal proceedings or matters and 
                        determinations made by the court, and that all 
                        information is conveyed to the child in an age-
                        appropriate manner;
                    (F) report factual findings and recommendations 
                consistent with the child's best interests relating to 
                the custody, detention, and release of the child during 
                the pendency of the proceedings or matters, to the 
                Director and the child's counsel;
                    (G) in any proceeding involving an alien child in 
                which a complaint has been filed with any appropriate 
                disciplinary authority against an attorney or 
                representative for criminal, unethical, or 
                unprofessional conduct in connection with the 
                representation of the alien child, provide the 
                immigration judge with written recommendations or 
                testimony on any information the child advocate may 
                have regarding the conduct of the attorney; and
                    (H) in any proceeding involving an alien child in 
                which the safety of the child upon repatriation is at 
                issue, and after the immigration judge has considered 
                and denied all applications for relief other than 
                voluntary departure, provide the immigration judge with 
                written recommendations or testimony on any information 
                the child advocate may have regarding the child's 
                safety upon repatriation.
            (4) Termination of appointment.--The child advocate shall 
        carry out the duties described in paragraph (3) until the 
        earliest of the date on which--
                    (A) those duties are completed;
                    (B) the child departs from the United States;
                    (C) the child is granted permanent resident status 
                in the United States;
                    (D) the child reaches 18 years of age; or
                    (E) the child is placed in the custody of a parent 
                or legal guardian.
            (5) Powers.--The child advocate--
                    (A) shall have reasonable access to the child, 
                including access while such child is being held in 
                detention or in the care of a foster family;
                    (B) shall be permitted to review all records and 
                information relating to such proceedings that are not 
                deemed privileged or classified;
                    (C) may seek independent evaluations of the child;
                    (D) shall be notified in advance of all hearings or 
                interviews involving the child that are held in 
                connection with proceedings or matters under the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.), and shall be given a reasonable opportunity to 
                be present at such hearings or interviews;
                    (E) shall be permitted to accompany and consult 
                with the child during any hearing or interview 
                involving such child; and
                    (F) shall be provided at least 24 hours advance 
                notice of a transfer of that child to a different 
                placement, absent compelling and unusual circumstances 
                warranting the transfer of such child before such 
                notification.
    (b) Training.--
            (1) In general.--The Director shall provide professional 
        training for all persons serving as child advocates under this 
        section.
            (2) Training topics.--The training provided under paragraph 
        (1) shall include training in--
                    (A) the circumstances and conditions faced by 
                unaccompanied alien children; and
                    (B) various immigration benefits for which such 
                alien child might be eligible.
    (c) Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director shall establish and 
        begin to carry out a pilot program to test the implementation 
        of subsection (a). Any pilot program existing before the date 
        of the enactment of this Act shall be deemed insufficient to 
        satisfy the requirements of this subsection.
            (2) Purpose.--The purpose of the pilot program established 
        pursuant to paragraph (1) is to--
                    (A) study and assess the benefits of providing 
                child advocates to assist unaccompanied alien children 
                involved in immigration proceedings or matters;
                    (B) assess the most efficient and cost-effective 
                means of implementing the child advocate provisions 
                under this section; and
                    (C) assess the feasibility of implementing such 
                provisions on a nationwide basis for all unaccompanied 
                alien children in the care of the Office.
            (3) Scope of program.--
                    (A) Selection of site.--The Director shall select 3 
                sites at which to operate the pilot program established 
                under paragraph (1).
                    (B) Number of children.--Each site selected under 
                subparagraph (A) should have not less than 25 children 
                held in immigration custody at any given time, to the 
                greatest extent possible.
            (4) Report to congress.--Not later than 1 year after the 
        date on which the first pilot program site is established under 
        paragraph (1), the Director shall submit a report on the 
        achievement of the purposes described in paragraph (2) to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section.

SEC. 202. COUNSEL.

    (a) Access to Counsel.--
            (1) In general.--The Director shall ensure, to the greatest 
        extent practicable, that all unaccompanied alien children in 
        the custody of the Office or the Department, who are not 
        described in section 101(a)(2), have competent counsel to 
        represent them in immigration proceedings or matters.
            (2) Pro bono representation.--To the greatest extent 
        practicable, the Director shall--
                    (A) make every effort to utilize the services of 
                competent pro bono counsel who agree to provide 
                representation to such children without charge; and
                    (B) ensure that placements made under subparagraphs 
                (D), (E), and (F) of section 102(a)(1) are in cities in 
                which there is a demonstrated capacity for competent 
                pro bono representation.
            (3) Development of necessary infrastructures and systems.--
        The Director shall develop the necessary mechanisms to identify 
        and recruit entities that are available to provide legal 
        assistance and representation under this subsection.
            (4) Contracting and grant making authority.--
                    (A) In general.--The Director shall enter into 
                contracts with, or award grants to, nonprofit agencies 
                with relevant expertise in the delivery of immigration-
                related legal services to children in order to carry 
                out the responsibilities of this Act, including 
                providing legal orientation, screening cases for 
                referral, recruiting, training, and overseeing pro bono 
                attorneys.
                    (B) Subcontracting.--Nonprofit agencies may enter 
                into subcontracts with, or award grants to, private 
                voluntary agencies with relevant expertise in the 
                delivery of immigration-related legal services to 
                children in order to carry out this subsection.
                    (C) Considerations regarding grants and 
                contracts.--In awarding grants and entering into 
                contracts with agencies under this paragraph, the 
                Director shall take into consideration the capacity of 
                the agencies in question to properly administer the 
                services covered by such grants or contracts without an 
                undue conflict of interest.
            (5) Model guidelines on legal representation of children.--
                    (A) Development of guidelines.--The Director of the 
                Executive Office for Immigration Review of the 
                Department of Justice, in consultation with voluntary 
                agencies and national experts, shall develop model 
                guidelines for the legal representation of alien 
                children in immigration proceedings. Such guidelines 
                shall be based on the children's asylum guidelines, the 
                American Bar Association Model Rules of Professional 
                Conduct, and other relevant domestic or international 
                sources.
                    (B) Purpose of guidelines.--The guidelines 
                developed under subparagraph (A) shall be designed to 
                help protect each child from any individual suspected 
                of involvement in any criminal, harmful, or 
                exploitative activity associated with the smuggling or 
                trafficking of children, while ensuring the fairness of 
                the removal proceeding in which the child is involved.
                    (C) Implementation.--Not later than 180 days after 
                the date of the enactment of this Act, the Director of 
                the Executive Office for Immigration Review shall--
                            (i) adopt the guidelines developed under 
                        subparagraph (A); and
                            (ii) submit the guidelines for adoption by 
                        national, State, and local bar associations.
    (b) Duties.--Counsel under this section shall--
            (1) represent the unaccompanied alien child in all 
        proceedings and matters relating to the immigration status of 
        the child or other actions involving the Department;
            (2) appear in person for all individual merits hearings 
        before the Executive Office for Immigration Review and 
        interviews involving the Department; and
            (3) owe the same duties of undivided loyalty, 
        confidentiality, and competent representation to the child as 
        is due to an adult client.
    (c) Access to Child.--
            (1) In general.--Counsel under this section shall have 
        reasonable access to the unaccompanied alien child, including 
        access while the child is--
                    (A) held in detention;
                    (B) in the care of a foster family; or
                    (C) in any other setting that has been determined 
                by the Office.
            (2) Restriction on transfers.--Absent compelling and 
        unusual circumstances, a child who is represented by counsel 
        may not be transferred from the child's placement to another 
        placement unless advance notice of at least 24 hours is made to 
        counsel of such transfer.
    (d) Notice to Counsel During Immigration Proceedings.--
            (1) In general.--Except when otherwise required in an 
        emergency situation involving the physical safety of the child, 
        counsel shall be given prompt and adequate notice of all 
        immigration matters affecting or involving an unaccompanied 
        alien child, including adjudications, proceedings, and 
        processing, before such actions are taken.
            (2) Opportunity to consult with counsel.--An unaccompanied 
        alien child in the custody of the Office may not give consent 
        to any immigration action, including consenting to voluntary 
        departure, unless first afforded an opportunity to consult with 
        counsel.
    (e) Access to Recommendations of Child Advocate.--Counsel shall be 
given an opportunity to review the recommendations of the child 
advocate affecting or involving a client who is an unaccompanied alien 
child.
    (f) Counsel for Unaccompanied Alien Children.--Nothing in this Act 
may be construed to require the Government of the United States to pay 
for counsel to any unaccompanied alien child.

SEC. 203. EFFECTIVE DATE; APPLICABILITY.

    (a) Effective Date.--This title shall take effect on the date which 
is 180 days after the date of the enactment of this Act.
    (b) Applicability.--The provisions of this title shall apply to all 
unaccompanied alien children in Federal custody before, on, or after 
the effective date of this title.

  TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

SEC. 301. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.

    (a) J Classification.--
            (1) In general.--Section 101(a)(27)(J) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to 
        read as follows:
            ``(J) an immigrant, who is 18 years of age or younger on 
        the date of application for classification as a special 
        immigrant and present in the United States--
                    ``(i) who, by a court order supported by written 
                findings of fact, which shall be binding on the 
                Secretary of Homeland Security for purposes of 
                adjudications under this subparagraph--
                            ``(I) was declared dependent on a juvenile 
                        court located in the United States or has been 
                        legally committed to, or placed under the 
                        custody of, a department or agency of a State, 
                        or an individual or entity appointed by a State 
                        or juvenile court located in the United States; 
                        and
                            ``(II) should not be reunified with his or 
                        her parents due to abuse, neglect, abandonment, 
                        or a similar basis found under State law;
                    ``(ii) for whom it has been determined by written 
                findings of fact in administrative or judicial 
                proceedings that it would not be in the alien's best 
                interest to be returned to the alien's or parent's 
                previous country of nationality or country of last 
                habitual residence; and
                    ``(iii) with respect to a child in Federal custody, 
                for whom the Office of Refugee Resettlement of the 
                Department of Health and Human Services has certified 
                to the Director of U.S. Citizenship and Immigration 
                Services that the classification of an alien as a 
                special immigrant under this subparagraph has not been 
                made solely to provide an immigration benefit to that 
                alien.''.
            (2) Rule of construction.--Nothing in subparagraph (J) of 
        section 101(a)(27) of the Immigration and Nationality Act, as 
        amended by paragraph (1), shall be construed to grant, to any 
        natural parent or prior adoptive parent of any alien provided 
        special immigrant status under such subparagraph, by virtue of 
        such parentage, any right, privilege, or status under such Act.
    (b) Adjustment of Status.--Section 245(h)(2)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as 
follows:
                    ``(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B), 
                and 9(C)(i)(I) of section 212(a) shall not apply; 
                and''.
    (c) Eligibility for Assistance.--
            (1) In general.--A child who has been certified under 
        section 101(a)(27)(J) of the Immigration and Nationality Act, 
        as amended by subsection (a)(1), and who was in the custody of 
        the Office at the time a dependency order was granted for such 
        child, shall be eligible for placement and services under 
        section 412(d) of such Act (8 U.S.C. 1522(d)) until the earlier 
        of--
                    (A) the date on which the child reaches the age 
                designated in section 412(d)(2)(B) of such Act (8 
                U.S.C. 1522(d)(2)(B)); or
                    (B) the date on which the child is placed in a 
                permanent adoptive home.
            (2) State reimbursement.--If foster care funds are expended 
        on behalf of a child who is not described in paragraph (1) and 
        has been granted relief under section 101(a)(27)(J) of the 
        Immigration and Nationality Act, the Federal Government shall 
        reimburse the State in which the child resides for such 
        expenditures by the State.
    (d) Transition Rule.--Notwithstanding any other provision of law, a 
child described in section 101(a)(27)(J) of the Immigration and 
Nationality Act, as amended by subsection (a)(1), may not be denied 
such special immigrant juvenile classification after the date of the 
enactment of this Act based on age if the child--
            (1) filed an application for special immigrant juvenile 
        classification before the date of the enactment of this Act and 
        was 21 years of age or younger on the date such application was 
        filed; or
            (2) was younger than 21 years of age on the date on which 
        the child applied for classification as a special immigrant 
        juvenile and can demonstrate exceptional circumstances 
        warranting relief.
    (e) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall promulgate rules to carry 
out this section.
    (f) Effective Date.--The amendments made by this section shall 
apply to all aliens who were in the United States before, on, or after 
the date of enactment of this Act.

SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES WHO COME 
              INTO CONTACT WITH UNACCOMPANIED ALIEN CHILDREN.

    (a) Training of State and Local Officials and Certain Private 
Parties.--
            (1) In general.--The Secretary of Health and Human 
        Services, acting jointly with the Secretary, shall provide 
        appropriate training materials, and upon request, direct 
        training, to State and county officials, child welfare 
        specialists, teachers, public counsel, and juvenile judges who 
        come into contact with unaccompanied alien children.
            (2) Curriculum.--The training required under paragraph (1) 
        shall include education on the processes pertaining to 
        unaccompanied alien children with pending immigration status 
        and on the forms of relief potentially available. The Director 
        shall establish a core curriculum that can be incorporated into 
        education, training, or orientation modules or formats that are 
        currently used by these professionals.
            (3) Video conferencing.--Direct training requested under 
        paragraph (1) may be conducted through video conferencing.
    (b) Training of Department Personnel.--The Secretary, acting 
jointly with the Secretary of Health and Human Services, shall provide 
specialized training to all personnel of the Department who come into 
contact with unaccompanied alien children. Training for agents of the 
Border Patrol and immigration inspectors shall include specific 
training on identifying--
            (1) children at the international borders of the United 
        States or at United States ports of entry who have been 
        victimized by smugglers or traffickers; and
            (2) children for whom asylum or special immigrant relief 
        may be appropriate, including children described in section 
        101(a)(2)(A).

SEC. 303. REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Health and Human Services 
shall submit a report to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives that 
contains, for the most recently concluded fiscal year--
            (1) data related to the implementation of section 462 of 
        the Homeland Security Act (6 U.S.C. 279);
            (2) data regarding the care and placement of children under 
        this Act;
            (3) data regarding the provision of child advocate and 
        counsel services under this Act; and
            (4) any other information that the Director or the 
        Secretary of Health and Human Services determines to be 
        appropriate.

             TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS

SEC. 401. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

    (a) Sense of Congress.--Congress--
            (1) commends the former Immigration and Naturalization 
        Service for its ``Guidelines for Children's Asylum Claims'', 
        issued in December 1998;
            (2) encourages and supports the Department to implement 
        such guidelines to facilitate the handling of children's 
        affirmative asylum claims;
            (3) commends the Executive Office for Immigration Review of 
        the Department of Justice for its ``Guidelines for Immigration 
        Court Cases Involving Unaccompanied Alien Children'', issued in 
        September 2004;
            (4) encourages and supports the continued implementation of 
        such guidelines by the Executive Office for Immigration Review 
        in its handling of children's asylum claims before immigration 
        judges; and
            (5) understands that the guidelines described in paragraph 
        (3)--
                    (A) do not specifically address the issue of asylum 
                claims; and
                    (B) address the broader issue of unaccompanied 
                alien children.
    (b) Training.--
            (1) Immigration officers.--The Secretary shall provide 
        periodic comprehensive training under the ``Guidelines for 
        Children's Asylum Claims'' to asylum officers and immigration 
        officers who have contact with children in order to familiarize 
        and sensitize such officers to the needs of children asylum 
        seekers.
            (2) Immigration judges.--The Director of the Executive 
        Office for Immigration Review shall--
                    (A) provide periodic comprehensive training under 
                the ``Guidelines for Immigration Court Cases Involving 
                Unaccompanied Alien Children'' and the ``Guidelines for 
                Children's Asylum Claims'' to immigration judges and 
                members of the Board of Immigration Appeals; and
                    (B) redistribute the ``Guidelines for Children's 
                Asylum Claims'' to all immigration courts as part of 
                its training of immigration judges.
            (3) Use of voluntary agencies.--Voluntary agencies shall be 
        allowed to assist in the training described in this subsection.
    (c) Statistics and Reporting.--
            (1) Statistics.--
                    (A) Department of justice.--The Attorney General 
                shall compile and maintain statistics on the number of 
                cases in immigration court involving unaccompanied 
                alien children, which shall include, with respect to 
                each such child, information about--
                            (i) the age;
                            (ii) the gender;
                            (iii) the country of nationality;
                            (iv) representation by counsel;
                            (v) the relief sought; and
                            (vi) the outcome of such cases.
                    (B) Department of homeland security.--The Secretary 
                shall compile and maintain statistics on the instances 
                of unaccompanied alien children in the custody of the 
                Department, which shall include, with respect to each 
                such child, information about--
                            (i) the age;
                            (ii) the gender;
                            (iii) the country of nationality; and
                            (iv) the length of detention.
            (2) Reports to congress.--Not later than 90 days after the 
        date of the enactment of this Act and annually, thereafter, the 
        Attorney General, in consultation with the Secretary, Secretary 
        of Health and Human Services, and any other necessary 
        government official, shall submit a report to the Committee on 
        the Judiciary of the Senate and the Committee on the Judiciary 
        House of Representatives on the number of alien children in 
        Federal custody during the most recently concluded fiscal year. 
        Information contained in the report, with respect to such 
        children, shall be categorized by--
                    (A) age;
                    (B) gender;
                    (C) country of nationality;
                    (D) length of time in custody;
                    (E) the department or agency with custody; and
                    (F) treatment as an unaccompanied alien child.

SEC. 402. UNACCOMPANIED REFUGEE CHILDREN.

    (a) Identifying Unaccompanied Refugee Children.--Section 207(e) of 
the Immigration and Nationality Act (8 U.S.C. 1157(e)) is amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
        as paragraphs (4), (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) An analysis of the worldwide situation faced by 
        unaccompanied refugee children, categorized by region, which 
        shall include an assessment of--
                    ``(A) the number of unaccompanied refugee children;
                    ``(B) the capacity of the Department of State to 
                identify such refugees;
                    ``(C) the capacity of the international community 
                to care for and protect such refugees;
                    ``(D) the capacity of the voluntary agency 
                community to resettle such refugees in the United 
                States;
                    ``(E) the degree to which the United States plans 
                to resettle such refugees in the United States in the 
                following fiscal year; and
                    ``(F) the fate that will befall such unaccompanied 
                refugee children for whom resettlement in the United 
                States is not possible.''.
    (b) Training on the Needs of Unaccompanied Refugee Children.--
Section 207(f)(2) of the Immigration and Nationality Act (8 U.S.C. 
1157(f)(2)) is amended--
            (1) by striking ``and'' after ``countries,''; and
            (2) by inserting ``, and instruction on the needs of 
        unaccompanied refugee children'' before the period at the end.

SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN ASYLUM AND 
              REFUGEE-LIKE CIRCUMSTANCES.

    (a) Placement in Removal Proceedings.--Any unaccompanied alien 
child apprehended by the Department, except for an unaccompanied alien 
child subject to exceptions under paragraph (1)(A) or (2) of section 
(101)(a), shall be placed in removal proceedings under section 240 of 
the Immigration and Nationality Act (8 U.S.C. 1229a).
    (b) Exception From Time Limit for Filing Asylum Application.--
Section 208 of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following:
                    ``(E) Applicability.--Subparagraphs (A) and (B) 
                shall not apply to an unaccompanied alien child.''; and
            (2) in subsection (b)(3), by adding at the end the 
        following:
                    ``(C) Initial jurisdiction.--United States 
                Citizenship and Immigration Services shall have initial 
                jurisdiction over any asylum application filed by an 
                unaccompanied alien child.''.

        TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

SEC. 501. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE OFFICE OF 
              REFUGEE RESETTLEMENT WITH RESPECT TO UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Additional Responsibilities of the Director.--Section 462(b)(1) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)) is amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) in subparagraph (L), by striking the period at the end 
        and inserting ``, including regular follow-up visits to such 
        facilities, placements, and other entities, to assess the 
        continued suitability of such placements; and''; and
            (3) by adding at the end the following:
                    ``(M) ensuring minimum standards of care for all 
                unaccompanied alien children--
                            ``(i) for whom detention is necessary; and
                            ``(ii) who reside in settings that are 
                        alternative to detention.''.
    (b) Additional Authority of the Director.--Section 462(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(b)) is amended by adding at 
the end the following:
            ``(4) Authority.--In carrying out the duties under 
        paragraph (3), the Director may--
                    ``(A) contract with service providers to perform 
                the services described in sections 102, 103, 201, and 
                202 of the Unaccompanied Alien Child Protection Act of 
                2007; and
                    ``(B) compel compliance with the terms and 
                conditions set forth in section 103 of such Act, by--
                            ``(i) declaring providers to be in breach 
                        and seek damages for noncompliance;
                            ``(ii) terminating the contracts of 
                        providers that are not in compliance with such 
                        conditions; or
                            ``(iii) reassigning any unaccompanied alien 
                        child to a similar facility that is in 
                        compliance with such section.''.

SEC. 502. TECHNICAL CORRECTIONS.

    Section 462(b) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)), as amended by section 501, is further amended--
            (1) in paragraph (3), by striking ``paragraph (1)(G)'' and 
        inserting ``paragraph (1)''; and
            (2) by adding at the end the following:
            ``(5) Rule of construction.--Nothing in paragraph (2)(B) 
        may be construed to require that a bond be posted for 
        unaccompanied alien children who are released to a qualified 
        sponsor.''.

SEC. 503. EFFECTIVE DATE.

    The amendments made by this title shall take effect as if included 
in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).

               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Department, the Department of Justice, and the Department of Health and 
Human Services, such sums as may be necessary to carry out--
            (1) the provisions of section 462 of the Homeland Security 
        Act of 2002 (6 U.S.C. 279); and
            (2) the provisions of this Act.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) shall remain available until expended.
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