[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4393 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4393

  To provide protections for children in immigration custody, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2024

 Mr. Merkley (for himself, Mr. Durbin, Mrs. Gillibrand, Mr. Wyden, Ms. 
Warren, Mr. Schatz, Mr. Markey, Ms. Klobuchar, Mr. Sanders, Ms. Hirono, 
and Ms. Duckworth) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide protections for children in immigration custody, 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 ``Children's Safe 
Welcome Act of 2024''.
    (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--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

Sec. 101. Prohibition on family separation.
Sec. 102. Protections for noncitizen children.
Sec. 103. Nonadversarial asylum processing for noncitizen children.
Sec. 104. Standards for U.S. Customs and Border Protection detention of 
                            noncitizen children.
Sec. 105. Standards for U.S. Customs and Border Protection facilities 
                            housing noncitizen children.
Sec. 106. Modification of term ``asylum officer'' to exclude officers 
                            of U.S. Customs and Border Protection.
TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY 
                  OF UNACCOMPANIED NONCITIZEN CHILDREN

  Subtitle A--Standards for Foster Care Homes and Childcare Facilities

Sec. 201. Operation of foster care homes and childcare facilities.
Sec. 202. Notice of rights.
Sec. 203. Staffing and training.
       Subtitle B--Services for Unaccompanied Noncitizen Children

Sec. 211. Required services.
Sec. 212. Evaluation for disability.
Sec. 213. Education.
Sec. 214. Recreation.
                   Subtitle C--Placement of Children

Sec. 221. Phasing out large congregate care facilities.
Sec. 222. Least restrictive setting.
Sec. 223. Foster family care.
Sec. 224. Additional requirements relating to children with 
                            disabilities and children with mental 
                            health needs.
Sec. 225. Minimizing transfers.
Sec. 226. Restrictive placements.
Sec. 227. Judicial review of placement.
  Subtitle D--Family Reunification and Standards Relating to Sponsors

Sec. 231. Family reunification efforts by Office of Refugee 
                            Resettlement.
Sec. 232. Standards relating to sponsors.
Sec. 233. Special considerations relating to release of children with 
                            disabilities.
                          Subtitle E--Release

Sec. 241. Procedures for release.
Sec. 242. Post-release services.
Sec. 243. Individuals attaining 18 years of age.
Sec. 244. Custody review by Ombudsperson.
                  TITLE III--EMERGENCIES AND INFLUXES

Sec. 301. Sense of Congress.
Sec. 302. Definitions.
Sec. 303. Placement.
Sec. 304. Planning for emergencies and influxes.
Sec. 305. Influx facility standards and staffing.
Sec. 306. Monitoring and oversight.
  TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN

Sec. 401. Legal orientation presentations and legal screenings.
Sec. 402. Legal representation.
TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION 
                                 COURTS

Sec. 501. Appointment of child advocates.
Sec. 502. Immigration court improvements.
            TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT

Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen 
                            Children in Immigration Custody.
Sec. 602. Data collection and reporting.
Sec. 603. Enforcement.
Sec. 604. Protection from retaliation.
Sec. 605. Mandatory access to detention facilities for Members of 
                            Congress.
                      TITLE VII--NONDISCRIMINATION

Sec. 701. Fair and equal treatment.
Sec. 702. Responsibilities of care providers.
          TITLE VIII--INFORMATION SHARING AND DATA PROTECTION

Sec. 801. Separation of records.
Sec. 802. Prohibition on use for denial of relief or in removal 
                            proceedings.
Sec. 803. Disclosure.
Sec. 804. Prohibition on information sharing.
Sec. 805. Counseling records.
Sec. 806. Data protection for sponsors.
                   TITLE IX--MISCELLANEOUS PROVISION

Sec. 901. Rule of construction.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Best interests of the child.--With respect to an 
        accompanied noncitizen child or unaccompanied noncitizen child, 
        the term ``best interests of the child'' means a consideration, 
        informed to the extent practicable by the child and the parents 
        or guardian and extended family of the child, that takes into 
        account--
                    (A) the safety and well-being of the child;
                    (B) the expressed interests of the child, taking 
                into account the child's age and stage of development;
                    (C) the physical and mental health of the child;
                    (D) the right of the child to--
                            (i) family integrity;
                            (ii) liberty; and
                            (iii) development; and
                    (E) the identity of the child, including religious, 
                ethnic, linguistic, gender, sexual orientation, and 
                cultural identity.
            (2) Childcare facility.--The term ``childcare facility'' 
        means a facility operated by the Department of Health and Human 
        Services, or a contractor or grantee of the Department of 
        Health and Human Services, that--
                    (A) is a State-licensed program; and
                    (B) provides residential care for unaccompanied 
                noncitizen children.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Refugee Resettlement.
            (4) Flores settlement agreement.--The term ``Flores 
        settlement agreement'' means the stipulated settlement 
        agreement in Reno v. Flores, as filed in the United States 
        District Court for the Central District of California on 
        January 17, 1997 (CV-85-4544-RJK), including all subsequent 
        court decisions, orders, agreements, and stipulations.
            (5) Immigration custody.--The term ``immigration custody'' 
        means the physical custody of the Secretary of Health and Human 
        Services or the Secretary of Homeland Security (or the head of 
        any successor agency of the Department of Health and Human 
        Services or the Department of Homeland Security).
            (6) Influx.--The term ``influx'' means a period--
                    (A) beginning on the date on which, for not less 
                than 7 consecutive days, the net available bed capacity 
                of State-licensed programs that is occupied or held for 
                placement by unaccompanied noncitizen children is 85 
                percent or more; and
                    (B) ending on the date on which, for not less than 
                7 consecutive days, such bed capacity occupied or held 
                for placement by unaccompanied noncitizen children is 
                less than 85 percent.
            (7) Influx facility.--The term ``influx facility'' means 
        any facility established to provide temporary emergency shelter 
        and services for unaccompanied noncitizen children during an 
        influx or emergency.
            (8) Noncitizen.--The term ``noncitizen'' means an 
        individual who is not a citizen or national of the United 
        States.
            (9) Noncitizen child.--The term ``noncitizen child'' means 
        a noncitizen under the age of 18 years.
            (10) Nonparent family member.--With respect to an 
        unaccompanied noncitizen child apprehended with a nonparent 
        family member, the term ``nonparent family member'' means an 
        individual who is--
                    (A) 18 years of age or older; and
                    (B) a relative of such child, including a 
                grandparent, aunt, uncle, first cousin, sibling, and 
                fictive kin.
            (11) Ombudsperson.--The term ``Ombudsperson'' means the 
        Ombudsperson of the Office of the Ombudsperson for 
        Unaccompanied Noncitizen Children established under section 
        601.
            (12) Out-of-network facility.--The term ``out-of-network 
        facility'' means any public or private facility, including a 
        mental health facility, or any other location that--
                    (A) is used to provide residential care for 
                unaccompanied noncitizen children; and
                    (B) is not an Office of Refugee Resettlement 
                facility.
            (13) Prospective sponsor.--The term ``prospective sponsor'' 
        means an individual or entity who applies for custody of an 
        unaccompanied noncitizen child.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (15) Secure facility.--The term ``secure facility'' means 
        any public or private facility that is opened by a program, 
        agency, or organization that is licensed by an appropriate 
        State agency to provide residential care for children who have 
        been adjudicated delinquent.
            (16) Special needs noncitizen child.--The term ``special 
        needs noncitizen child''--
                    (A)(i) means a noncitizen under the age of 18 
                years, the mental or physical condition of whom 
                requires special services or medical equipment and 
                special treatment by the staff of a childcare facility; 
                and
                    (ii) includes such an individual who--
                            (I) has special needs due to drug or 
                        alcohol abuse, serious emotional disturbance, 
                        mental illness, developmental or cognitive 
                        delay, or a physical condition or chronic 
                        illness that requires special services or 
                        treatment;
                            (II) is an individual with a disability (as 
                        defined in section 3 of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12102)); or
                            (III) requires special services or 
                        treatment as a result of neglect or abuse; and
                    (B) in the case of a child who is 12 years of age 
                or older, means such a child who consents to such 
                designation, services, and treatment.
            (17) Sponsor.--The term ``sponsor'' means an individual or 
        entity who has been approved by the Director to assume care of 
        an unaccompanied noncitizen child on release from the custody 
        of the Secretary.
            (18) Staff-secure facility.--The term ``staff-secure 
        facility''--
                    (A) means any public or private facility that is 
                licensed by an appropriate State agency to provide 
                residential care for children who have been determined 
                to require close or intensive care in accordance with 
                section 226(c)(3); and
                    (B) does not include a facility that provides 
                residential care to children who have been adjudicated 
                delinquent.
            (19) State-licensed program.--The term ``State-licensed 
        program'' means any public or private program, agency, or 
        organization licensed by an appropriate State agency to provide 
        residential, group, or foster care services for unaccompanied 
        noncitizen children (including a program operating group homes, 
        foster homes, or facilities for special needs noncitizen 
        children) that complies with applicable--
                    (A) State child welfare laws, regulations, and 
                policies;
                    (B) State and local building, fire, health, and 
                safety laws and regulations;
                    (C) Federal, State, and local human rights and 
                privacy laws, as applicable; and
                    (D) State staffing and training requirements.
            (20) Tender age minor.--The term ``tender age minor'' means 
        an individual who is 12 years of age or younger or has the 
        developmental age of such an individual.
            (21) Unaccompanied noncitizen child.--The term 
        ``unaccompanied noncitizen child'' has the meaning given the 
        term ``unaccompanied alien child'' in section 462(g) of the 
        Homeland Security Act of 2002 (6 U.S.C. 279(g)).

  TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

SEC. 101. PROHIBITION ON FAMILY SEPARATION.

    (a) In General.--A noncitizen child shall remain physically 
together with their parent, legal guardian, or nonparent family member 
at all times while in the custody of the Secretary of Homeland Security 
or the Secretary of Health and Human Services, unless--
            (1) the noncitizen child requests privacy temporarily;
            (2) during the screening process, a determination is made 
        based on clear and convincing evidence that the parent or legal 
        guardian of the noncitizen child, or the nonparent family 
        member of the child who has been determined by a child welfare 
        expert to be suitable to provide care and physical custody of 
        the child in the United States, presents an imminent threat to 
        United States national security or is inadmissible under 
        subparagraphs (C)(i), (E), (G), or (I) of section 212(a)(2) of 
        the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)); or
            (3) the child welfare expert documents, based on clear and 
        convincing evidence, that the continued care of the noncitizen 
        child by the parent, legal guardian, or nonparent family member 
        is likely to result in serious emotional or physical damage to 
        the child.
    (b) Role of DHS.--An employee or contractor of the Department of 
Homeland Security may not play any role in the documentation or 
determination described in subsection (a).
    (c) Termination of Separation.--In the case of a separation under 
paragraph (2) or (3) of subsection (a), as soon as practicable after 
the potential damage to the child is sufficiently mitigated or 
remedied--
            (1) in the case of a child in the custody of the Secretary 
        of Health and Human Services, the Secretary of Health and Human 
        Services shall reunify the child with the individual from whom 
        they were separated; and
            (2) in the case of a child in the custody of the Secretary 
        of Homeland Security, the Secretary of Homeland Security shall 
        release the individual in accordance with subsection (a)(5) of 
        section 235 of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232), as 
        amended by section 102.
    (d) Challenge to Separation.--In the case of a separation under 
paragraph (2) or (3) of subsection (a), the Secretary of Homeland 
Security shall--
            (1) notify the parents, legal guardians, and children 
        concerned of their--
                    (A) right to challenge such separation under titles 
                VI and VII; and
                    (B) private right of action to seek review before a 
                district court of the United States; and
            (2) provide a copy of any determination, evidence, arrest 
        warrants, or other documentation supporting such separation to 
        such individuals and their attorneys.
    (e) Treatment of Unaccompanied Children Traveling With Certain 
Caregivers.--Unaccompanied children traveling with a nonparent family 
member shall be treated by the Secretary of Health and Human Services 
in accordance with paragraph (3)(C) of section 235(b) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1232(b)), as amended by section 102.
    (f) Staffing.--
            (1) Child welfare experts.--The Secretary of Health and 
        Human Services shall hire child welfare experts to carry out 
        the screening process described in subsection (a).
            (2) Qualifications.--Each child welfare expert hired under 
        this subsection shall--
                    (A) be professionally trained and licensed in 
                social work;
                    (B) have direct experience providing trauma-
                informed care to children who have experienced trauma; 
                and
                    (C) be proficient in Spanish or 1 of the top 5 most 
                common languages spoken by noncitizen children in the 
                past 5 years.

SEC. 102. PROTECTIONS FOR NONCITIZEN CHILDREN.

    Section 235 of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended--
            (1) by striking ``unaccompanied alien child'' each place it 
        appears and inserting ``unaccompanied noncitizen child'';
            (2) by striking ``unaccompanied alien child's'' each place 
        it appears and inserting ``unaccompanied noncitizen child's'';
            (3) by striking ``unaccompanied alien children'' each place 
        it appears and inserting ``unaccompanied noncitizen children'';
            (4) by striking ``unaccompanied alien children's'' each 
        place it appears and inserting ``unaccompanied noncitizen 
        children's'';
            (5) in subsection (a)--
                    (A) by striking paragraphs (2) and (4);
                    (B) by redesignating paragraphs (3) and (5) as 
                paragraphs (2) and (3), respectively;
                    (C) in paragraph (2), as redesignated, in the 
                paragraph heading, by striking ``other'' and inserting 
                ``unaccompanied noncitizen'';
                    (D) in paragraph (3), as redesignated--
                            (i) in subparagraph (C), in the 
                        subparagraph heading, by striking 
                        ``unaccompanied alien children'' and inserting 
                        ``unaccompanied noncitizen children''; and
                            (ii) in subparagraph (D), in the matter 
                        preceding clause (i), by striking ``, except 
                        for an unaccompanied alien child from a 
                        contiguous country subject to exceptions under 
                        subsection (a)(2),''; and
                    (E) by inserting after paragraph (3), as 
                redesignated, the following:
            ``(4) Child caregiver professionals at the border.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall ensure that a licensed child caregiver 
                professional is physically present to provide onsite 
                expertise at each--
                            ``(i) land port of entry at which 
                        noncitizen children are most likely to enter;
                            ``(ii) Border Patrol station on the 
                        southern border; and
                            ``(iii) U.S. Customs and Border Protection 
                        processing facility and reception center, 
                        regardless of whether such facility or center 
                        is temporary in nature.
                    ``(B) Qualifications.--
                            ``(i) In general.--Such a child caregiver 
                        professional--
                                    ``(I) shall--
                                            ``(aa) be professionally 
                                        trained and licensed to provide 
                                        services to children;
                                            ``(bb) have direct 
                                        experience providing trauma-
                                        informed care to children who 
                                        have experienced trauma; and
                                            ``(cc) subject to clause 
                                        (ii), be proficient in Spanish 
                                        or 1 of the top 5 most common 
                                        languages spoken by noncitizen 
                                        children in the past 5 years; 
                                        and
                                    ``(II) may be a licensed childcare 
                                worker, licensed pediatric health 
                                professional, or licensed child welfare 
                                professional.
                            ``(ii) Phase-in of language proficiency.--
                        During the 3-year period beginning on the date 
                        of the enactment of the Children's Safe Welcome 
                        Act of 2024, 25 percent of the child caregiver 
                        professionals hired by the Secretary of 
                        Homeland Security to carry out the duties under 
                        this section shall be exempt from clause 
                        (i)(III).
                    ``(C) Oversight of care.--Such a child caregiver 
                professional shall oversee the care of noncitizen 
                children in U.S. Customs and Border Protection 
                facilities, consistent with the standards established 
                under sections 104 and 105 of the Children's Safe 
                Welcome Act of 2024, including by--
                            ``(i) issuing and ensuring access to 
                        adequate food, hydration, hygiene necessities, 
                        clothing, and other supplies as needed;
                            ``(ii) supporting general care to infants 
                        and children, including monitoring, changing 
                        diapers, assisting with toilet use and 
                        handwashing, feeding any child who is not able 
                        to feed himself or herself, and identifying and 
                        tending to other similar basic needs of 
                        children as such needs arise;
                            ``(iii) providing supervision and support 
                        to children during recreational and exercise 
                        activities;
                            ``(iv) maintaining a safe working 
                        environment and observing and encouraging 
                        adherence to safety rules and health 
                        guidelines; and
                            ``(v) referring any suspected or reported 
                        medical or mental health issues to onsite 
                        Border Patrol or U.S. Customs and Border 
                        Protection personnel and medical personnel.
                    ``(D) Availability.--Caregiver services provided 
                under this paragraph shall be--
                            ``(i) available 24 hours per day, 7 days 
                        per week, including on weekends and Federal 
                        holidays; and
                            ``(ii) provided by a mixed-gender staff, 
                        including not fewer than 1 male and 1 female 
                        staff member at all times.
            ``(5) Release of children apprehended with parents, 
        adoptive parents, or legal guardians.--In the case of a child 
        apprehended with a parent, adoptive parent, or legal guardian, 
        the Secretary of Homeland Security shall--
                    ``(A) subject to paragraph (2) or (3) of section 
                101(a) of the Children's Safe Welcome Act of 2024, 
                release the child together with the parent, adoptive 
                parent, or legal guardian, as applicable; and
                    ``(B) ensure that the child is provided with 
                support from a qualified nongovernmental community-
                based organization with experience providing services 
                to immigrant, refugee, and asylum-seeking populations.
            ``(6) Release of children apprehended with nonparent family 
        members.--In the case of a child apprehended with a nonparent 
        family member determined under subsection (b)(3)(C)(iii) to be 
        an appropriate sponsor for the child, the Secretary of Health 
        and Human Services shall--
                    ``(A) subject to paragraph (2) or (3) of section 
                101(a) of the Children's Safe Welcome Act of 2024, 
                release the child together with the nonparent family 
                member; and
                    ``(B) ensure that the child is provided with 
                support from a qualified nongovernmental community-
                based organization with experience providing services 
                to immigrant, refugee, and asylum-seeking populations.
            ``(7) Prohibition on operation of family detention 
        facilities.--The Federal Government may not operate, under any 
        circumstance, a family detention facility.'';
            (6) in subsection (b)--
                    (A) in paragraph (1), in the paragraph heading, by 
                striking ``unaccompanied alien children'' and inserting 
                ``unaccompanied noncitizen children'';
                    (B) in paragraph (3)--
                            (i) in the paragraph heading, by striking 
                        ``unaccompanied alien children'' and inserting 
                        ``unaccompanied noncitizen children'';
                            (ii) by striking ``Except in the case of 
                        exceptional circumstances,'' and inserting the 
                        following:
                    ``(A) In general.--Except in the case of 
                exceptional circumstances, subject to subparagraph 
                (B),''; and
                            (iii) by adding at the end the following:
                    ``(B) Limitation on u.s. customs and border 
                protection custody.--Under no circumstance may the 
                Commissioner hold an unaccompanied or accompanied 
                noncitizen child in custody for more than 72 hours.
                    ``(C) Reception centers.--
                            ``(i) Designation.--The Commissioner shall 
                        designate 1 or more reception centers located 
                        within 100 miles of each port of entry and each 
                        Border Patrol Station on the southern border 
                        for the purpose of conducting expedited 
                        evaluations described in clause (iii).
                            ``(ii) Transfer.--In the case of an 
                        unaccompanied noncitizen child apprehended with 
                        a nonparent family member, the Commissioner 
                        shall immediately transfer the child and his or 
                        her 1 or more nonparent family members, as 
                        applicable, to a reception center designated 
                        under clause (i) for the purpose of an 
                        evaluation under clause (iii).
                            ``(iii) Expedited evaluations.--
                                    ``(I) In general.--On the arrival 
                                of an unaccompanied noncitizen child 
                                apprehended with a nonparent family 
                                member at a designated reception 
                                center, a case manager or case 
                                coordinator of the Department of Health 
                                and Human Services shall evaluate the 
                                child to determine whether he or she 
                                may be released safely from U.S. 
                                Customs and Border Protection custody 
                                to the nonparent family member with 
                                whom the child was apprehended.
                                    ``(II) Private space.--The 
                                Commissioner shall make available in 
                                each designated reception center a 
                                private space in which such a case 
                                manager or case coordinator may carry 
                                out such evaluations.
                            ``(iv) Staffing.--
                                    ``(I) Case managers and case 
                                coordinators.--
                                            ``(aa) In general.--Case 
                                        managers and case coordinators 
                                        of the Department of Health and 
                                        Human Services shall be 
                                        detailed to designated 
                                        reception centers for brief 
                                        periods to ensure the 
                                        independence of Department of 
                                        Health and Human Services staff 
                                        from the duties and functions 
                                        of U.S. Customs and Border 
                                        Protection.
                                            ``(bb) Duties.--A case 
                                        manager or case coordinator 
                                        detailed to a designated 
                                        reception center shall assist 
                                        the Federal field specialist at 
                                        the reception center in 
                                        verifying family relationships 
                                        and screening each 
                                        unaccompanied noncitizen child 
                                        apprehended with a nonparent 
                                        family member for safety 
                                        concerns using existing or 
                                        newly developed Department of 
                                        Health and Human Services tools 
                                        and skills, including document 
                                        review, observation, and 
                                        interviews of the child and 
                                        family members.
                                    ``(II) Federal field specialists.--
                                            ``(aa) In general.--Federal 
                                        field specialists of the 
                                        Department of Health and Human 
                                        Services shall prioritize for 
                                        review the release decisions 
                                        for any child arriving at the 
                                        border of the United States 
                                        with a relative who is not a 
                                        parent of the child, whom the 
                                        Director of the Office of 
                                        Refugee Resettlement would 
                                        consider as a potential sponsor 
                                        for the child.
                                            ``(bb) Duties.--Such a 
                                        Federal field specialist shall 
                                        work with case managers and 
                                        case coordinators to review the 
                                        recommendation of case managers 
                                        or case coordinators with 
                                        respect to the qualification of 
                                        such relatives as sponsors for 
                                        such children.
                                    ``(III) Legal services providers.--
                                The Secretary of Health and Human 
                                Services shall enter into 1 or more 
                                contracts with nongovernmental legal 
                                services providers to provide legal 
                                orientation presentations to 
                                accompanied noncitizen children and 
                                unaccompanied noncitizen children 
                                apprehended with nonparent family 
                                members and their parents or legal 
                                guardians or nonparent family members, 
                                as applicable, under consideration for 
                                expedited release under this 
                                subparagraph.
                            ``(v) Release decision.--The Secretary of 
                        Health and Human Services shall make a 
                        determination with respect to expedited release 
                        under this subparagraph not later than 72 hours 
                        after the child has been determined to be an 
                        unaccompanied noncitizen child.
                            ``(vi) Release of nonparent family 
                        member.--
                                    ``(I) In general.--If the Secretary 
                                of Health and Human Services determines 
                                that the nonparent family member of an 
                                unaccompanied noncitizen child 
                                apprehended with a nonparent family 
                                member is a safe sponsor, and the 
                                applicable Federal field specialist and 
                                case manager or case coordinator have 
                                verified the family relationship, the 
                                Commissioner shall approve the release 
                                of the nonparent family member for the 
                                purpose of reunification with the 
                                child.
                                    ``(II) Retention of unaccompanied 
                                noncitizen child determination.--An 
                                unaccompanied noncitizen child released 
                                to a nonparent family member who is 
                                released under subclause (I) shall 
                                retain his or her determination as an 
                                unaccompanied noncitizen child.
                                    ``(III) Post-release counsel and 
                                services.--The Secretary of Health and 
                                Human Services shall provide to each 
                                child released to a nonparent family 
                                member who is released under subclause 
                                (I) post-release counsel and services, 
                                such as legal counsel, in the location 
                                in which the child's removal 
                                proceedings are scheduled.
                            ``(vii) Transfer to office of refugee 
                        resettlement custody.--
                                    ``(I) In general.--If the Secretary 
                                of Health and Human Services cannot 
                                make a determination with respect to 
                                whether a nonparent family member is an 
                                imminent substantial and credible 
                                threat to a child within 72 hours after 
                                the Commissioner has made the 
                                unaccompanied noncitizen child 
                                determination, or if an unaccompanied 
                                noncitizen child apprehended with a 
                                nonparent family member is denied 
                                expedited release under this 
                                subparagraph--
                                            ``(aa) such child shall be 
                                        placed in the least restrictive 
                                        setting;
                                            ``(bb) notice shall be 
                                        provided to the nonparent 
                                        family member and the parents 
                                        or legal guardians of the 
                                        child, to the extent such 
                                        individuals may be ascertained 
                                        and contacted, with respect 
                                        to--

                                                    ``(AA) the reason 
                                                for the inability to 
                                                timely make such 
                                                determination or for 
                                                the denial; and

                                                    ``(BB) the location 
                                                of the child's transfer 
                                                and any subsequent 
                                                transfer; and

                                            ``(cc) the family 
                                        relationship shall be 
                                        documented.
                                    ``(II) Appointment of child 
                                advocate.--In the case of a child 
                                denied expedited release under this 
                                subparagraph, the Secretary of Health 
                                and Human Services shall appoint a 
                                child advocate for the child.
                            ``(viii) Prohibition.--The adjudication of 
                        asylum applications shall not be carried out in 
                        a reception center designated under this 
                        subparagraph.
                    ``(D) Transportation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Commissioner may not transport 
                        any unaccompanied noncitizen child in a vehicle 
                        with a detained adult who is not related to the 
                        child.
                            ``(ii) Exception.--
                                    ``(I) In general.--The Commissioner 
                                may transport an unaccompanied 
                                noncitizen child in a vehicle with such 
                                an adult only from the place of arrest 
                                or apprehension to a U.S. Customs and 
                                Border Protection facility.
                                    ``(II) Precautions.--In 
                                transporting an unaccompanied 
                                noncitizen child under subclause (I), 
                                the Commissioner shall take necessary 
                                precautions for the protection and 
                                well-being of the unaccompanied 
                                noncitizen child.''; and
                    (C) by adding at the end the following:
            ``(5) Substantive and procedural protections.--
                    ``(A) In general.--On a determination that a child 
                is an unaccompanied noncitizen child, the unaccompanied 
                noncitizen child shall be afforded, for the duration of 
                the unaccompanied noncitizen child's removal 
                proceedings, all substantive and procedural protections 
                provided under this section and any other applicable 
                Federal law.
                    ``(B) Unaccompanied noncitizen child 
                determination.--No Federal agency, officer, or 
                personnel may--
                            ``(i) reevaluate or revoke a determination 
                        that a child is an unaccompanied noncitizen 
                        child, unless an age assessment conducted by 
                        the Secretary of Health and Human Services 
                        consistent with section 105(h) of the 
                        Children's Safe Welcome Act of 2024 indicates 
                        that the individual is 18 years of age or 
                        older; or
                            ``(ii) deny or impede access to any 
                        protection provided for unaccompanied 
                        noncitizen children under Federal law, 
                        including on the basis of--
                                    ``(I) the reunification of an 
                                unaccompanied noncitizen child with a 
                                parent or legal guardian;
                                    ``(II) the release of an 
                                unaccompanied noncitizen child to a 
                                nonparent family member in accordance 
                                with subsection (b)(3)(C)(vi); or
                                    ``(III) an unaccompanied noncitizen 
                                child having attained 18 years of 
                                age.'';
            (7) in subsection (d)(8), in the paragraph heading, by 
        striking ``unaccompanied alien children'' and inserting 
        ``unaccompanied noncitizen children'';
            (8) by striking subsection (g);
            (9) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively; and
            (10) by adding at the end the following:
    ``(i) Access to Legal Services.--Each child in immigration custody, 
including accompanied noncitizen children, shall--
            ``(1) receive a legal orientation presentation; and
            ``(2) have access to legal counsel and child advocates.
    ``(j) Treatment of Adult Family Members Apprehended With 
Children.--
            ``(1) In general.--A parent or legal guardian or a 
        nonparent family member who is apprehended with a child shall 
        be placed in removal proceedings under section 240 of the 
        Immigration and Nationality Act (8 U.S.C. 1229a).
            ``(2) Requirement.--Such a parent or legal guardian or 
        nonparent family member and the child concerned shall be 
        provided an opportunity--
                    ``(A) to consult, independently and jointly, legal 
                counsel; and
                    ``(B) to request such measures as may be necessary 
                to ensure--
                            ``(i) full and fair consideration of their 
                        cases for relief from removal; and
                            ``(ii) the best interests of the child.
    ``(k) Removal Proceedings for Accompanied Noncitizen Children.--
With respect to an accompanied noncitizen child, the child and their 
parent or legal guardian may only be placed in removal proceedings 
under section 240 of the Immigration and Nationality Act (8 U.S.C. 
1229a).
    ``(l) Definitions.--In this section:
            ``(1) Accompanied noncitizen child.--The term `accompanied 
        noncitizen child' means a noncitizen under 18 years of age 
        who--
                    ``(A) has no lawful immigration status in the 
                United States; and
                    ``(B) is apprehended while traveling with a parent, 
                adoptive parent, or legal guardian.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of U.S. Customs and Border Protection.
            ``(3) Danger of abuse or neglect at the hands of the 
        parent, legal guardian, or nonparent family member.--The term 
        `danger of abuse or neglect at the hands of the parent, legal 
        guardian, or nonparent family member' shall not mean migrating 
        to or crossing the United States border.
            ``(4) Nonparent family member.--With respect to an 
        unaccompanied noncitizen child apprehended with a nonparent 
        family member, the term `nonparent family member' means an 
        individual who is--
                    ``(A) 18 years of age or older; and
                    ``(B) a relative of such child, including a 
                grandparent, aunt, uncle, first cousin, sibling, and 
                fictive kin.
            ``(5) Unaccompanied noncitizen child.--The term 
        `unaccompanied noncitizen child' has the meaning given the term 
        `unaccompanied alien child' in section 462(g) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(g)).
            ``(6) Unaccompanied noncitizen child apprehended with a 
        nonparent family member.--The term `unaccompanied noncitizen 
        child apprehended with a nonparent family member' means an 
        unaccompanied noncitizen child who is apprehended while 
        traveling with a nonparent family member.''.

SEC. 103. NONADVERSARIAL ASYLUM PROCESSING FOR NONCITIZEN CHILDREN.

    Section 208(b)(3)(C) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(3)(C)) is amended to read as follows:
                    ``(C) Nonadversarial asylum processing for 
                children.--The Director of U.S. Citizenship and 
                Immigration Services shall have jurisdiction over the 
                asylum application of an individual who--
                            ``(i) has been classified as an 
                        unaccompanied noncitizen child (as defined in 
                        section 235 of the William Wilberforce 
                        Trafficking Victims Protection Reauthorization 
                        Act of 2008 (8 U.S.C. 1232)), regardless of the 
                        age or marital status of the individual on the 
                        date on which he or she files an asylum 
                        application;
                            ``(ii) was a child apprehended with a 
                        parent, adoptive parent, or legal guardian, 
                        regardless of the age or marital status of the 
                        individual on the date on which he or she files 
                        an asylum application; or
                            ``(iii) is the parent or legal guardian of 
                        an individual described in clause (ii).''.

SEC. 104. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION DETENTION OF 
              NONCITIZEN CHILDREN.

    (a) Initial Processing of Noncitizen Children and Families With 
Noncitizen Children.--
            (1) In general.--The Commissioner of U.S. Customs and 
        Border Protection (referred to in this title as the 
        ``Commissioner'') may only detain a noncitizen child for the 
        purpose of initial processing.
            (2) Time limitation.--Under no circumstance may the 
        Commissioner detain a family with a noncitizen child for more 
        than 72 hours.
    (b) Prioritization of Best Interests of the Child and Family 
Unity.--In all decisions undertaken by the Commissioner with respect to 
the detention of a noncitizen child, the Commissioner shall 
prioritize--
            (1) the best interests of the noncitizen child; and
            (2) in the case of a noncitizen child apprehended with a 
        parent, legal guardian, or nonparent family member, family 
        unity.

SEC. 105. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION FACILITIES 
              HOUSING NONCITIZEN CHILDREN.

    (a) In General.--A noncitizen child may not be housed in a U.S. 
Customs and Border Protection facility that is not in compliance with 
this Act or the amendments made by this Act.
    (b) Humanitarian Access.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        and the Secretary of Health and Human Services shall jointly 
        develop operating procedures to provide employees of the 
        Department of Health and Human Services immediate access to any 
        U.S. Customs and Border Protection facility so as to facilitate 
        the humane treatment of individuals and families encountered at 
        the border.
            (2) Elements.--The procedures developed under paragraph (1) 
        shall, at a minimum, provide that--
                    (A) for each U.S. Customs and Border Protection 
                facility in which an individual may be detained in U.S. 
                Customs and Border Protection custody longer than 72 
                hours, the Department of Health and Human Services 
                shall have access to a separate designated space in the 
                facility so that Department of Health and Human 
                Services employees may conduct medical and mental 
                health screenings, ensure opportunities for general 
                hygiene, provide adequate food and hydration, offer 
                nursing and diapering supplies, and provide appropriate 
                space for children; and
                    (B) employees of the Department of Health and Human 
                Services at such a facility shall immediately begin 
                efforts--
                            (i) to reunify unaccompanied children with 
                        sponsors in the United States; and
                            (ii) verify family relationships to ensure 
                        that unaccompanied children who arrive with a 
                        nonparent family member may remain in the care 
                        of such nonparent family member.
    (c) National Standards on Transport, Escort, Detention, and 
Search.--
            (1) Review.--Not later than 180 days after the date of the 
        enactment of this Act, the Commissioner, in consultation with 
        stakeholder organizations that serve immigrant and refugee 
        children and families, shall conduct a review of the U.S. 
        Customs and Border Protection standards entitled ``National 
        Standards on Transport, Escort, Detention, and Search'' issued 
        in October 2015, to identify necessary improvements with 
        respect to the treatment and care of noncitizen children in 
        U.S. Customs and Border Protection custody.
            (2) Revision.--Not later than 90 days after the date on 
        which the review required by paragraph (1) is completed, the 
        Commissioner shall revise such standards to incorporate the 
        improvements identified by the review.
            (3) Compliance.--Not later than 180 days after the revision 
        under paragraph (2), each U.S. Customs and Border Protection 
        facility that houses 1 or more noncitizen children shall attain 
        compliance with the revised standards.
    (d) Facility Requirements.--
            (1) In general.--The Commissioner shall ensure that each 
        U.S. Customs and Border Protection facility that houses 1 or 
        more noncitizen children is safe and sanitary and promotes an 
        appropriate and healthy environment for children.
            (2) Children's area.--
                    (A) In general.--The Commissioner shall ensure that 
                each U.S. Customs and Border Protection facility that 
                houses 1 or more noncitizen children includes--
                            (i) a dedicated physical environment that 
                        is appropriate for children of all ages and 
                        stages of development (referred to in this 
                        paragraph as a ``children's area''); and
                            (ii) an outdoor recreation area.
                    (B) Elements.--Each children's area shall be 
                colorful and include--
                            (i) low, warm lights;
                            (ii) child-sized furniture and equipment, 
                        including developmentally appropriate books and 
                        toys that facilitate structured and 
                        unstructured play;
                            (iii) child-friendly images and displays;
                            (iv) a children's bathroom;
                            (v) a diaper-changing area and access to 
                        sanitation;
                            (vi) nursing chairs for breastfeeding 
                        mothers; and
                            (vii) an area in which children may sit and 
                        rest comfortably.
                    (C) Child caregiver professional staffing.--Each 
                children's area shall be staffed by 1 or more 
                individuals who are professionally trained and licensed 
                to provide services to children, including licensed 
                childcare workers, licensed pediatric health 
                professionals, and licensed child welfare 
                professionals.
            (3) Medical screening and care.--
                    (A) In general.--The Commissioner shall ensure 
                that--
                            (i) except as provided in subparagraph 
                        (F)(i), not later than 6 hours after the 
                        arrival of a noncitizen child at a U.S. Customs 
                        and Border Protection facility, the child 
                        receives a medical screening conducted by a 
                        licensed physician, advanced practice provider, 
                        nurse, or physician's assistant in accordance 
                        with this paragraph;
                            (ii) a noncitizen child in the custody of 
                        the Commissioner shall have unrestricted access 
                        to appropriate medication for the management of 
                        an illness or injury of the child;
                            (iii) in the case of such a child with a 
                        medical assistive device or other health care 
                        support item, the noncitizen child, or the 
                        parent, legal guardian, or nonparent family 
                        member of the child, is permitted unrestricted 
                        access to the device or item;
                            (iv) on release from such custody, a 
                        noncitizen child, or the parent, legal 
                        guardian, or nonparent family member of the 
                        child, is provided with documentation of the 
                        child's medical screening and care, including 
                        the need for any followup while in such 
                        custody, in accordance with subparagraph 
                        (B)(viii); and
                            (v) medication in possession of a 
                        noncitizen child, or in the possession of the 
                        child's parent, legal guardian, or nonparent 
                        family member, on arrival shall not be 
                        destroyed or discarded before the review and 
                        determination under subparagraph (B)(vi) occur.
                    (B) Duties of medical professional.--With respect 
                to a medical screening required by subparagraph (A) and 
                the care of a noncitizen child at a U.S. Customs and 
                Border Protection facility, a licensed physician, 
                advanced practice provider, nurse, or physician's 
                assistant attending the child at the facility shall--
                            (i) assess and identify any illness, 
                        condition, or physical ailment;
                            (ii)(I) identify any acute condition or 
                        elevated medical risk; and
                            (II) in the case of a child for which such 
                        a condition or risk is identified, consult with 
                        a licensed pediatrician or pediatric 
                        subspecialist;
                            (iii) ensure that appropriate health care 
                        is provided to the child as necessary, 
                        including pediatric and reproductive health 
                        care;
                            (iv) in the case of a child under 12 years 
                        of age, conduct a physical examination of the 
                        child in the presence of a parent, legal 
                        guardian, or family member;
                            (v) in the case of a child who is 12 years 
                        of age or older--
                                    (I) provide the child with the 
                                choice of--
                                            (aa) a physical examination 
                                        in the presence of a parent, 
                                        legal guardian, or nonparent 
                                        family member; or
                                            (bb) a private physical 
                                        examination without the 
                                        presence of a parent, legal 
                                        guardian, or nonparent family 
                                        member; and
                                    (II) conduct such examination in 
                                accordance with the child's preference;
                            (vi) review any medication that is in the 
                        possession of the child on arrival to determine 
                        whether the medication shall be kept by the 
                        child or the child's parent, legal guardian, or 
                        nonparent family member, as applicable;
                            (vii) in the case of a medication described 
                        in clause (vi) that may not be kept by the 
                        child or the child's parent, legal guardian, or 
                        nonparent family member for medical storage 
                        purposes, such as a medication that requires 
                        refrigeration, ensure storage with appropriate 
                        access for the child's use while in U.S. 
                        Customs and Border Protection custody;
                            (viii) ensure that the medical screening 
                        and care under this paragraph, and any other 
                        medical evaluation of or intervention for the 
                        child conducted while the child is in the 
                        custody of the Commissioner, is documented in 
                        accordance with commonly accepted standards in 
                        the United States for medical records 
                        documentation; and
                            (ix) ensure that a copy of all medical 
                        records and documentation of any medical 
                        screening and any other medical evaluation of, 
                        or intervention for, the child conducted while 
                        the child is in the custody of the Commissioner 
                        is--
                                    (I) provided to the child and the 
                                child's parent, legal guardian, or 
                                nonparent family member before the 
                                child is released from such custody; or
                                    (II) in the case of a child who is 
                                transferred to the custody of the 
                                Director, sent to the Office of Refugee 
                                Resettlement immediately upon such 
                                transfer.
                    (C) Procedures for medical screenings.--The 
                Commissioner shall establish procedures for medical 
                screenings and examinations under this paragraph that 
                are consistent with--
                            (i) relevant guidelines set forth in the 
                        American Medical Association Code of Medical 
                        Ethics; and
                            (ii) the recommendations of the American 
                        Academy of Pediatrics and the American College 
                        of Obstetricians and Gynecologists.
                    (D) Language services.--The Commissioner shall 
                ensure--
                            (i) the availability of in-person, 
                        language-appropriate interpretation services, 
                        including indigenous languages, for each 
                        noncitizen child in the custody of the 
                        Commissioner during any medical screening or 
                        examination; and
                            (ii) that noncitizen children in such 
                        custody are informed of the availability of 
                        such services.
                    (E) Location of medical screenings.--The 
                Commissioner shall ensure that medical screenings, 
                examinations, and any follow-up care under this 
                paragraph are conducted in a location that--
                            (i) is private and provides a comfortable 
                        and considerate atmosphere for children;
                            (ii) ensures each noncitizen child's 
                        dignity and right to privacy; and
                            (iii) contains all necessary and 
                        appropriate medical equipment and supplies, 
                        including basic over-the-counter medications 
                        appropriate for all age groups.
                    (F) Acute medical conditions.--
                            (i) In general.--The Commissioner shall 
                        ensure that any noncitizen child exhibiting 
                        symptoms of an acute medical condition, or who 
                        is at risk for an acute medical condition, 
                        receives immediate care from a licensed 
                        physician, advanced practice provider, nurse, 
                        or physician's assistant.
                            (ii) Transfer to local health care 
                        facility.--
                                    (I) In general.--If appropriate 
                                medical care cannot be provided for a 
                                noncitizen child described in clause 
                                (i) at a U.S. Customs and Border 
                                Protection facility, the Commissioner 
                                shall expeditiously transfer the child 
                                to a local medical facility.
                                    (II) Accompaniment by family.--In 
                                the case of a noncitizen child 
                                transferred under subclause (I), 1 or 
                                more parents, legal guardians, or 
                                nonparent family members, shall be 
                                permitted to accompany the child to 
                                such medical facility and stay with the 
                                child if so accompanying the child does 
                                not pose a serious safety risk to the 
                                child, as determined by a child welfare 
                                expert.
                            (iii) Ongoing availability of 
                        transportation.--The Commissioner shall 
                        maintain--
                                    (I) appropriate transportation at 
                                each U.S. Customs and Border Protection 
                                facility that houses 1 or more 
                                noncitizen children to ensure the 
                                availability of transport to outside 
                                medical facilities in the case of a 
                                medical emergency; or
                                    (II) an on-call service to provide 
                                such transportation to such a facility 
                                within 30 minutes.
                    (G) Rule of construction.--Nothing in this 
                paragraph shall be construed to require a noncitizen 
                child, parent, legal guardian, or nonparent family 
                member to disclose the child's medical history.
            (4) Services and supplies.--The Commissioner shall ensure 
        that each U.S. Customs and Border Protection facility that 
        houses 1 or more noncitizen children is in compliance with the 
        following standards at all times:
                    (A) Temperature.--The temperature inside the 
                facility shall be maintained between 70 and 73 degrees 
                Fahrenheit.
                    (B) Ventilation.--The facility shall comply with 
                the most recent guidance issued by the Centers for 
                Disease Control and Prevention with respect to 
                ventilation in buildings to mitigate the spread of 
                COVID-19.
                    (C) Food and water.--
                            (i) In general.--Food shall be provided--
                                    (I) in a manner that follows 
                                Federal food safety laws and 
                                regulations; and
                                    (II) according to the guidelines of 
                                the American Association of Pediatrics 
                                and the American College of 
                                Obstetricians and Gynecologists with 
                                respect to nutrition, consistency, 
                                calories, and portion size, consistent 
                                with the age of each child.
                            (ii) Meals and snacks.--
                                    (I) Arrival.--On arrival at the 
                                facility, a child shall be provided 
                                with a healthy, nutritious, and 
                                culturally appropriate meal.
                                    (II) Meals.--Meals shall--
                                            (aa) be served daily to all 
                                        noncitizen children for 
                                        breakfast, lunch, and dinner, 
                                        of which not fewer than 2 meals 
                                        daily shall be served hot; and
                                            (bb) include a variety of 
                                        fresh fruit, vegetables, a 
                                        protein, and grains.
                                    (III) Snacks.--Noncitizen children 
                                shall have unrestricted access to 
                                healthy snacks.
                                    (IV) Limitation on unhealthful 
                                foods.--The availability of highly 
                                processed foods and sugars shall be 
                                limited.
                            (iii) Water.--Each noncitizen child shall--
                                    (I) be provided with not less than 
                                1 gallon of drinking water or age-
                                appropriate fluids daily; and
                                    (II) have unrestricted access to 
                                drinking water.
                            (iv) Accommodation.--A noncitizen child's 
                        individual dietary needs or restrictions shall 
                        be accommodated.
                            (v) Special considerations for infants and 
                        young children.--
                                    (I) Bottle feeding.--
                                            (aa) In general.--On 
                                        arrival at a facility, the 
                                        parent, legal guardian, or 
                                        nonparent family member of a 
                                        noncitizen child using a bottle 
                                        for feeding shall be offered 2 
                                        clean baby bottles, a bottle 
                                        brush, dish soap, and enough 
                                        bottled water and baby formula 
                                        for not less than 96 ounces of 
                                        formula milk.
                                            (bb) Additional supplies.--
                                        Additional baby formula and 
                                        bottled water, and access to a 
                                        bottle warmer, shall be 
                                        provided on request of the 
                                        parent, legal guardian, or 
                                        nonparent family member.
                                    (II) Breastfeeding.--In the case of 
                                any noncitizen child who is 
                                breastfeeding at the time of arrival at 
                                the facility--
                                            (aa) continued 
                                        breastfeeding shall be 
                                        supported; and
                                            (bb) the breastfeeding 
                                        mother of each such noncitizen 
                                        child shall be provided with 
                                        privacy, blankets, a quiet area 
                                        for breastfeeding, a nursing 
                                        chair, and adequate amounts of 
                                        food and water consistent with 
                                        the dietary needs of a 
                                        breastfeeding mother.
                    (D) Hygiene.--
                            (i) Clothes and shoes.--Each noncitizen 
                        child shall be provided with a set of clean 
                        clothes, and on request, a pair of shoes in 
                        good condition and warm clothing.
                            (ii) Showers.--
                                    (I) In general.--Each noncitizen 
                                child shall be provided access to a hot 
                                shower with a barrier for privacy.
                                    (II) Access.--A noncitizen child 
                                shall be provided access to additional 
                                hot showers on request.
                                    (III) Temperature.--Hot water for a 
                                shower under this clause shall be set 
                                at a temperature consistent with the 
                                temperature required under childcare 
                                facility standards for childcare 
                                facilities licensed in the State in 
                                which the facility is located.
                            (iii) Menstruation supplies.--Each female 
                        noncitizen child shall be offered immediately a 
                        supply of tampons and pads at no cost.
                            (iv) Diapering.--
                                    (I) In general.--The parent, legal 
                                guardian, or other family member of 
                                each noncitizen child using diapers 
                                shall be provided immediately with 3 
                                size-appropriate diapers and a packet 
                                of diaper wipes.
                                    (II) Additional diapers.--
                                Additional diapers and diaper wipes 
                                shall be provided on request at no 
                                cost.
                                    (III) Diaper changing area.--The 
                                parent, legal guardian, or other family 
                                member of each such noncitizen child 
                                shall be provided--
                                            (aa) access to a safe and 
                                        sanitary area in which to 
                                        change the child's diaper;
                                            (bb) a clean diaper 
                                        changing pad; and
                                            (cc) a handwashing station.
                            (v) Bathrooms.--Each noncitizen child shall 
                        be provided access to bathrooms.
                    (E) Sleep.--
                            (i) Mats, blankets, and pillows.--
                                    (I) In general.--On arrival, each 
                                noncitizen child shall be provided with 
                                a clean mat that is not less than 3 
                                inches thick, a clean cloth blanket, 
                                and a clean pillow.
                                    (II) Additional blankets.--A 
                                noncitizen child shall be provided with 
                                additional blankets on request by the 
                                child or the parent, legal guardian, or 
                                other family member of the child.
                            (ii) Quiet location.--On request or if 
                        there are signs of a noncitizen child feeling 
                        tired, the child shall be provided with access 
                        to a quiet location in which to sleep that has 
                        dimmed lights.
                            (iii) Schedule.--Between the hours of 9:00 
                        p.m. and 6:00 a.m.--
                                    (I) noncitizen children shall have 
                                access to lighting that is safe and 
                                conducive to sleep; and
                                    (II) noise shall be at a level 
                                conducive to sleep.
                    (F) Recreation.--
                            (i) In general.--Noncitizen children shall 
                        have access to age-appropriate recreational 
                        activities, including indoor and outdoor spaces 
                        for physical activity, toys, art supplies, 
                        sports equipment, and books.
                            (ii) Outdoor play.--Noncitizen children 
                        shall be allowed to play outside for not less 
                        than 30 minutes every 3 hours during daylight 
                        hours.
                    (G) Religious practice.--Noncitizen children shall 
                be permitted to practice their religion or to not 
                practice a religion, as applicable.
            (5) Notice of rights.--
                    (A) In general.--The Ombudsperson shall develop a 
                notice of children's rights, which shall be posted in 
                each U.S. Customs and Border Protection facility that 
                houses children in any location in which noncitizen 
                children are located.
                    (B) Description of rights.--The notice required by 
                subparagraph (A) shall include--
                            (i) a description of--
                                    (I) all rights afforded to a 
                                noncitizen child under section 235 of 
                                the William Wilberforce Trafficking 
                                Victims Protection Reauthorization Act 
                                of 2008 (8 U.S.C. 1232) and this Act;
                                    (II) the right to a bond 
                                redetermination hearing; and
                                    (III) any other existing mechanism 
                                by which children may seek to enforce 
                                their rights, including placement 
                                review panels; and
                            (ii) a list of pro bono legal services 
                        providers and contact information for such 
                        providers.
                    (C) Format and languages.--
                            (i) In general.--Such notice shall be--
                                    (I) written in a manner that is 
                                child friendly and age-appropriate; and
                                    (II) made available and posted in 
                                multiple languages, including the top 
                                20 preferred languages.
                            (ii) Additional languages.--The 
                        Ombudsperson may require such notice to be made 
                        available and posted in any additional language 
                        the Ombudsperson considers necessary based on 
                        the demographics of arriving noncitizen 
                        children.
                    (D) Availability.--A child caregiver professional 
                of the Department of Homeland Security shall provide 
                each noncitizen child with such notice on the child's 
                arrival at the U.S. Customs and Border Protection 
                facility.
    (e) Separation From Unfamiliar Adults.--
            (1) In general.--Except as provided in paragraph (2), an 
        unaccompanied noncitizen child in the custody of the 
        Commissioner shall be physically separated from any adult who 
        is not related to the child.
            (2) Immediate separation not feasible.--In any circumstance 
        in which such separation is not immediately feasible, such as 
        during transport to a U.S. Customs and Border Protection 
        facility, an unaccompanied noncitizen child shall not be left 
        alone with such an adult or detained with such an adult for 
        more than 6 hours.
    (f) Staff Training.--
            (1) In general.--The Commissioner shall ensure that--
                    (A) the staff of each U.S. Customs and Border 
                Protection facility in which 1 or more noncitizen 
                children are housed receives training on responding to 
                the needs of children and families exposed to trauma, 
                including training on--
                            (i) the principles and practices of trauma-
                        informed care and psychological first aid;
                            (ii) vicarious traumatization and secondary 
                        stress; and
                            (iii) recognizing the signs of a child in 
                        medical distress; and
                    (B) every effort is made to ensure that the safety 
                and well-being of noncitizen children in U.S. Customs 
                and Border Protection custody are satisfactorily 
                provided for by facility staff.
            (2) Rulemaking.--
                    (A) In general.--The Commissioner shall issue 
                regulations that require Border Patrol and Office of 
                Field Operations officials to participate in regular 
                training so as to ensure that such officials treat all 
                individuals in their custody with dignity, prevent 
                abuse, and ensure constitutionally guaranteed and 
                humane conditions of confinement.
                    (B) Elements.--The regulations required by 
                subparagraph (A) shall do the following:
                            (i) Prohibit U.S. Customs and Border 
                        Protection officials from--
                                    (I) discussing immigration outcomes 
                                with detained individuals; and
                                    (II) using derogatory language 
                                towards individuals in their custody.
                            (ii) Address matters of child development, 
                        mental health and trauma, children with special 
                        needs, cultural competency, and any other 
                        matter the Commissioner considers appropriate.
                            (iii) Require foreign language competency 
                        and interview protocols in cases in which 
                        interpretation is required.
                            (iv) Require continuing education in any 
                        subject necessary to ensure compliance with 
                        this Act or the amendments made by this Act.
    (g) Monitoring and Oversight.--
            (1) In general.--Compliance of U.S. Customs and Border 
        Protection facilities with this Act and section 235 of the 
        William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2008 (8 U.S.C. 1232) shall be monitored 
        by the Ombudsperson, in accordance with section 601.
            (2) Posting of ombudsperson's contact information.--
                    (A) In general.--The Commissioner shall post, in 
                each U.S. Customs and Border Protection facility in 
                which 1 or more noncitizen children are housed, the 
                contact information for the Ombudsperson in multiple 
                languages, including the top 20 preferred languages.
                    (B) Additional languages.--The Ombudsperson may 
                require such contact information to be posted in any 
                additional language the Ombudsperson considers 
                necessary based on the demographics of arriving 
                noncitizen children.
    (h) Age Assessments.--
            (1) In general.--Any individual who claims to be under the 
        age of 18 years shall be presumed to be so and shall be treated 
        according to the law and standards applicable to noncitizen 
        children in immigration custody, unless following an age 
        assessment, it is established by clear and convincing evidence 
        that the individual is 18 years of age or older.
            (2) Requirements.--
                    (A) In general.--An age assessment may only be 
                conducted if the Secretary or Secretary of Homeland 
                Security has recent, credible, and documented evidence 
                that the individual concerned is 18 years of age or 
                older.
                    (B) Considerations.--If an age assessment is 
                conducted, the Secretary and the Secretary of Homeland 
                Security shall take into consideration, to the extent 
                such information is readily available--
                            (i) written or photographic evidence;
                            (ii) statements and representations of the 
                        individual concerned and of the family and 
                        community members who know such individual; and
                            (iii) the relevant cultural and ethnic 
                        context.
                    (C) Prohibited methods.--The Secretary or the 
                Secretary of Homeland Security may not--
                            (i) conduct any medical age assessment that 
                        consists of imaging studies, such as bone or 
                        dental radiography, dental examinations, or 
                        height, weight, skin, or sexual maturity 
                        ratings; or
                            (ii) rely on the physical appearance of a 
                        child to justify an age assessment.
                    (D) Legal counsel.--
                            (i) In general.--An individual with respect 
                        to whom an age assessment is conducted shall be 
                        provided with legal counsel before receiving 
                        such assessment and may not be removed before 
                        receiving such counsel.
                            (ii) Evidence.--Legal counsel provided 
                        under clause (i) shall be provided with all 
                        evidence upon which the Secretary or the 
                        Secretary of Homeland Security relies to 
                        justify conducting an age assessment or to 
                        support an age assessment determination.

SEC. 106. MODIFICATION OF TERM ``ASYLUM OFFICER'' TO EXCLUDE OFFICERS 
              OF U.S. CUSTOMS AND BORDER PROTECTION.

    Section 235(b)(1)(E) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(E)) is amended--
            (1) in clause (i), by striking ``, and'' and inserting a 
        semicolon;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) is employed by the Refugee, Asylum, 
                        and International Operations Directorate of 
                        U.S. Citizenship and Immigration Services.''.

TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY 
                  OF UNACCOMPANIED NONCITIZEN CHILDREN

  Subtitle A--Standards for Foster Care Homes and Childcare Facilities

SEC. 201. OPERATION OF FOSTER CARE HOMES AND CHILDCARE FACILITIES.

    (a) In General.--An entity contracted by the Director to operate a 
childcare facility shall be licensed by an appropriate State agency to 
provide residential, group, or foster care services for dependent 
children.
    (b) Operation as Nonsecure Facilities.--Each foster care home 
operated by a State-licensed program contracted by the Director to 
provide care for 1 or more unaccompanied noncitizen children, and each 
childcare facility, including any facility for special needs noncitizen 
children, shall be maintained as a nonsecure facility, in accordance 
with applicable State law.

SEC. 202. NOTICE OF RIGHTS.

    (a) In General.--The Ombudsperson shall develop a notice of 
children's rights in childcare facilities, which shall be--
            (1) posted in each childcare facility in all locations in 
        which unaccompanied noncitizen children are located; and
            (2) distributed to each unaccompanied noncitizen child on 
        arrival at a childcare facility.
    (b) Description of Rights.--The notice required by subsection (a) 
shall include--
            (1) a description of--
                    (A) all rights afforded to an unaccompanied 
                noncitizen child under section 235 of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232) and this 
                Act;
                    (B) the right to a bond redetermination hearing; 
                and
                    (C) any other existing mechanism by which children 
                may seek to enforce their rights, including placement 
                review panels; and
            (2) a list of pro bono legal services providers and contact 
        information for such providers.
    (c) Format and Languages.--
            (1) In general.--Such notice shall be--
                    (A) written in a manner that is child friendly and 
                age-appropriate; and
                    (B) made available and posted in multiple 
                languages, including the top 20 preferred languages.
            (2) Additional languages.--The Ombudsperson may require 
        that such notice be made available and posted in any additional 
        language the Ombudsperson considers necessary based on the 
        demographics of arriving noncitizen children.
    (d) Orientation to Role of Office of the Ombudsperson.--Each State-
licensed program that operates a childcare facility shall provide to 
each unaccompanied noncitizen child in its care--
            (1) information about the Office of the Ombudsperson; and
            (2) the contact information for the Office of the 
        Ombudsperson.

SEC. 203. STAFFING AND TRAINING.

    (a) Federal Field Specialists.--The Director shall--
            (1) maintain for each childcare facility a reasonable 
        Federal field specialist-to-unaccompanied noncitizen child 
        ratio;
            (2) hire additional Federal field specialists as necessary 
        to ensure that, for the majority of unaccompanied noncitizen 
        children in the custody of the Secretary, a decision regarding 
        their release can be made by Federal field specialists not 
        later than 48 hours after the approval of a release 
        recommendation to a sponsor; and
            (3) develop and manage a plan for expeditiously placing 
        unaccompanied noncitizen children who have no identified 
        sponsor in the least restrictive setting that most approximates 
        a family.
    (b) Case Management Specialists.--The Director shall ensure that 
each State-licensed program that operates a childcare facility--
            (1) maintains a ratio of 8 unaccompanied noncitizen 
        children to each case management specialist;
            (2) provides training for case management specialists that 
        enables the Department of Health and Human Services to meet 
        required timelines for the reunification of unaccompanied 
        noncitizen children in accordance with section 231(c); and
            (3) develops accountability measures with respect to the 
        adherence of case management specialists to such timelines.
    (c) Contingency Fund To Address Emergent Needs.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary of Health and 
        Human Services, out of any money in the Treasury not otherwise 
        appropriated, $46,500,000, to remain available until expended, 
        for a contingency fund (referred to in this section as the 
        ``Fund'') for the hiring of case management specialists as 
        required by an influx or any other emergent situation for the 
        purpose of facilitating the release process and minimizing the 
        risk that childcare facilities reach full capacity.
            (2) Use of fund.--
                    (A) Discretionary use.--The Director may draw upon 
                the Fund to reduce the ratio to 6 unaccompanied 
                noncitizen children for each case management specialist 
                if--
                            (i) the national utilization rate 
                        (excluding funded but unplaceable beds and 
                        calculated as the number of filled beds divided 
                        by the number of beds available for placement, 
                        expressed as a percentage) reaches or exceeds 
                        65 percent in any week; or
                            (ii) the Director certifies to Congress 
                        that the rate of increase in childcare facility 
                        usage, as calculated by the Director for 
                        purposes of section 602(b)(3)(F)(i)(VI), has 
                        led the Director to believe that such national 
                        utilization rate will reach 90 percent in any 
                        week during the subsequent 10-week period.
                    (B) Mandatory use.--The Director shall draw upon 
                the Fund to reduce the ratio to 6 unaccompanied 
                noncitizen children for each case management specialist 
                if such national utilization rate reaches or exceeds 90 
                percent in any week.
    (d) Training.--
            (1) In general.--With respect to the personnel of a State-
        licensed program that operates a childcare facility, the 
        Director shall provide regular in-person training, and a 
        coaching plan with support for 30 days, for such personnel who 
        interact with unaccompanied noncitizen children, including 
        youth care workers, that is--
                    (A) specific to the age and gender of the 
                unaccompanied noncitizen children at the specific 
                childcare facility; and
                    (B) consistent across the Office of Refugee 
                Resettlement's network of State-licensed programs.
            (2) Topics.--The training required by paragraph (1) shall 
        address the following topics:
                    (A) Ethical standards of conduct based on accepted 
                child welfare principles with respect to the care of 
                unaccompanied noncitizen children.
                    (B) Mental health and trauma.
                    (C) Child development.
                    (D) Prevention of sexual abuse and harassment.
                    (E) Cultural humility.
                    (F) Racial sensitivity.
                    (G) De-escalation techniques to avert unnecessary 
                involvement of local law enforcement prior to 
                exhaustion of alternative, trauma-informed care, 
                treatment, and restorative responses.
                    (H) Disabilities.
            (3) Specific training for staff working with early 
        childhood minors.--The Director shall ensure that personnel who 
        interact with unaccompanied noncitizen children who are early 
        childhood minors receive specialized training relevant to the 
        needs and capacities of such children.
            (4) Development of training materials.--The Director, in 
        collaboration with stakeholders who have expertise in child 
        migration, child mental health, and child development, shall--
                    (A) develop written, audio, or visual materials 
                with which training under this subsection may be 
                conducted; and
                    (B) before distribution to personnel of such State-
                licensed programs, provide the Ombudsperson with such 
                materials.
            (5) Department of health and human services staff.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Secretary shall provide appropriate guidance and training 
        for all Department of Health and Human Services employees with 
        respect to the requirements of this Act.

       Subtitle B--Services for Unaccompanied Noncitizen Children

SEC. 211. REQUIRED SERVICES.

    (a) Provision of Required Services.--A State-licensed program that 
operates a childcare facility shall provide the following services for 
each unaccompanied noncitizen child in its care:
            (1) On admission to the childcare facility, a comprehensive 
        orientation regarding--
                    (A) the rights of the unaccompanied noncitizen 
                child;
                    (B) the role of the State-licensed program;
                    (C) the services, rules, procedures, and 
                expectations of the State-licensed program; and
                    (D) the availability of legal assistance.
            (2) Proper physical care and maintenance, including 
        suitable living accommodations, food, appropriate clothing, and 
        personal hygiene items.
            (3) Not later than 2 business days after admission to the 
        childcare facility, a comprehensive medical examination that 
        includes screening for infectious disease.
            (4) Appropriate, ongoing, and routine medical and dental 
        care, as prescribed by a licensed physician, advanced practice 
        provider, nurse, or physician assistant, including--
                    (A) reproductive health and family planning 
                services;
                    (B) emergency health care services;
                    (C) immunizations in accordance with the Centers 
                for Disease Control and Prevention guidelines;
                    (D) administration of prescribed medication and 
                special diets; and
                    (E) mental health screening and intervention, 
                including referrals.
            (5) An individualized needs assessment, which shall include 
        the following:
                    (A) Collection of essential data relating to the 
                identification and history of the unaccompanied 
                noncitizen child and family.
                    (B) Identification of any special needs of the 
                unaccompanied noncitizen child, including any need that 
                requires immediate intervention.
                    (C) An educational assessment and plan.
                    (D) An assessment of family relationships.
                    (E) A statement of religious preference and 
                practice.
                    (F) An assessment of the personal goals, strengths, 
                and weaknesses of the unaccompanied noncitizen child.
                    (G) Collection of identifying information regarding 
                immediate family members, other relatives, godparents, 
                or friends who may be residing in the United States and 
                who may be able to assist in family reunification.
            (6) A comprehensive individual plan for the care of the 
        unaccompanied noncitizen child, which shall be--
                    (A) developed in accordance with the child's needs, 
                as determined by the individualized needs assessment 
                under paragraph (5); and
                    (B) implemented and closely coordinated through an 
                operative case management system.
            (7) Education services, as described in section 213.
            (8) Recreational activities, as described in section 214.
            (9) Counseling services, including--
                    (A) not fewer than 2 weekly individual counseling 
                sessions conducted by licensed mental health 
                professionals, including social workers, psychologists, 
                and psychiatric staff; and
                    (B) not fewer than 1 weekly group counseling 
                session conducted by licensed mental health 
                professionals, including social workers, psychologists, 
                or psychiatric staff.
            (10) Acculturation and adaptation services, including the 
        provision of information regarding the development of social 
        and interpersonal skills.
            (11) Religious and spiritual services of the unaccompanied 
        noncitizen child's choice, if any.
            (12) Case management services designed to identify 
        relatives or prospective sponsors in the United States and 
        ensure the quick release of the unaccompanied noncitizen child 
        from the custody of the Secretary.
            (13) Visitation and contact with family members, regardless 
        of the immigration status of the family members. An 
        unaccompanied noncitizen child and family members of such a 
        child shall be provided with a private, confidential space to 
        meet in during such visitation. The Secretary of Homeland 
        Security may not pursue enforcement actions against such family 
        members during or immediately before or after such visitation.
            (14) Telephone and video access for contacting parents, 
        family members, and caregivers, in a private space that ensures 
        confidentiality, at no cost to the unaccompanied noncitizen 
        child, family member, or caregiver. An unaccompanied noncitizen 
        child shall be permitted such access not fewer than 4 times 
        weekly for a period of not less than 30 minutes each time.
            (15) A reasonable right to privacy, including the right of 
        the unaccompanied noncitizen child--
                    (A) to wear the child's own clothes, as available;
                    (B) to retain a private space in the childcare 
                facility for the storage of personal belongings;
                    (C) to talk privately on the telephone, as 
                permitted by the rules and regulations of the State-
                licensed program;
                    (D) to visit privately with guests, as permitted by 
                such rules and regulations; and
                    (E) to receive and send uncensored correspondence.
            (16) Legal services information regarding the availability 
        of free legal assistance, the right to be represented by 
        counsel, screenings and legal orientation presentations, and 
        facilitated, confidential access to counsel, as described in 
        title IV.
    (b) Considerations for Provision of Services.--A State-licensed 
program that operates a childcare facility shall provide the services 
described in subsection (a) in a manner that is sensitive to the age, 
culture, native language, and complex needs of each unaccompanied 
noncitizen child.
    (c) Rules and Discipline Standards.--
            (1) In general.--The rules and discipline standards of such 
        a State-licensed program shall be--
                    (A) formulated with consideration given to the age 
                ranges, developmental stages, and degree of trauma 
                experienced by the unaccompanied noncitizen children in 
                the applicable childcare facility; and
                    (B) culturally sensitive to the needs of such 
                children.
            (2) Prohibited measures.--Such a State-licensed program may 
        not subject any unaccompanied noncitizen child to--
                    (A) corporal punishment, physical or chemical 
                restraint, seclusion, humiliation, verbal or mental 
                abuse, or punitive interference with the daily 
                functions of living, such as eating, sleeping, or 
                bathroom access; or
                    (B) any disciplinary measure that--
                            (i) adversely affects the health or 
                        physical or psychological well-being of the 
                        unaccompanied noncitizen child; or
                            (ii) denies an unaccompanied noncitizen 
                        child regular meals, water, sleep, exercise, 
                        medical care, correspondence privileges, legal 
                        assistance, education, recreation, bathroom 
                        access, or any other service described in 
                        subsection (a).
    (d) Recordkeeping.--
            (1) Individual case records.--The operator of each 
        childcare facility and influx facility shall develop, maintain, 
        and safeguard individual client case records on each 
        unaccompanied noncitizen child in care at the facility.
            (2) Confidentiality.--The operator of each childcare 
        facility and influx facility shall develop and maintain a 
        system of accountability that preserves the confidentiality of 
        client information and protects such records from unauthorized 
        use or disclosure in accordance with section 804.
            (3) Reporting.--The operator of each childcare facility and 
        influx facility shall maintain adequate records and make 
        regular reports, as required by the Ombudsperson, that permit 
        the Ombudsperson to monitor and enforce this Act, the 
        amendments made by this Act, and any other requirement or 
        standard determined by the Ombudsperson to be in the best 
        interests of unaccompanied noncitizen children.

SEC. 212. EVALUATION FOR DISABILITY.

    (a) In General.--The Director shall provide unaccompanied 
noncitizen children who present an indication of a disability with an 
evaluation for services under section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), and provide unaccompanied noncitizen children 
with disabilities with services (including accommodations) through an 
individualized plan that includes a plan for prompt release.
    (b) Records.--Any record of a screening or an evaluation conducted 
under this section, and any record related to a decision with respect 
to the release of an unaccompanied noncitizen child with a disability, 
shall be maintained separately from the unaccompanied noncitizen 
child's immigration file (commonly known as an ``A-File'').

SEC. 213. EDUCATION.

    (a) Curriculum.--
            (1) State standards.--A State-licensed program shall 
        provide educational instruction to unaccompanied noncitizen 
        children using a curriculum that--
                    (A) includes access to physical education, art, and 
                other electives; and
                    (B) is consistent with the licensing and academic 
                standards of the State in which the State-licensed 
                program is located.
            (2) Basic academic areas.--The basic academic areas covered 
        by such curriculum shall include science, social studies, math, 
        reading, and writing.
    (b) Licensing and Certification Requirements.--
            (1) In general.--Teachers, administrators, counselors, and 
        support staff providing education to unaccompanied noncitizen 
        children at a childcare facility shall--
                    (A) meet local and State certification or licensure 
                requirements; and
                    (B) in the case of an unaccompanied noncitizen 
                child in custody for a period longer than 60 days or 
                who was previously attending school in the United 
                States, ensure that the child receives transferable 
                credit.
    (c) Instruction.--
            (1) In general.--Educational instruction at a childcare 
        facility shall be--
                    (A) appropriate to the level of development and 
                communication skills of an unaccompanied noncitizen 
                child; and
                    (B) provided in a structured classroom setting on a 
                weekly basis Monday through Friday.
            (2) Class size.--An unaccompanied noncitizen child may not 
        be placed in a class in which the teacher-to-student ratio 
        exceeds the applicable State maximum ratio.
    (d) Language Access and Educational Environment.--The educational 
program at a childcare facility shall--
            (1) include instruction and reading materials, educational 
        and otherwise, in the primary languages of the unaccompanied 
        noncitizen children at the childcare facility; and
            (2) be provided in an emotionally, culturally, and 
        physically safe environment.
    (e) Individual Education Program.--A State-licensed program that 
operates a childcare facility shall provide any eligible unaccompanied 
noncitizen child who is a child with a disability (as defined in 
section 602 of the Individuals with Disabilities Education Act (20 
U.S.C. 1401)) with special education and related services pursuant to 
an individualized education program that is developed for the 
unaccompanied noncitizen child and is consistent with the requirements 
provided under the Individuals with Disabilities Education Act (20 
U.S.C. 1401 et seq.).
    (f) Other Educational Opportunities.--The educational program of 
such a State-licensed program shall include educational opportunities 
addressing personal, social, emotional, intellectual, and employment 
skills.

SEC. 214. RECREATION.

    (a) In General.--A State-licensed program that operates a childcare 
facility shall provide recreational opportunities that meet or exceed--
            (1) the guidelines of the Department of Health and Human 
        Services entitled ``2018 Physical Activity Guidelines for 
        Americans''; and
            (2) the guidelines of the President's Council on Sports, 
        Fitness, and Nutrition.
    (b) Activities.--
            (1) In general.--Activities for recreation and leisure 
        time, which shall include daily outdoor activity, weather 
        permitting, shall include--
                    (A) not less than 1 hour daily of large-muscle 
                activity; and
                    (B) not less than 1 hour daily of structured 
                leisure time activities, which shall not include time 
                spent watching television or video.
            (2) Days on which school is not in session.--The periods 
        scheduled for activities described in paragraph (1) shall be 
        increased to a total of 3 hours daily on any day on which 
        school is not in session.
            (3) Recreation areas.--Not less frequently than weekly, a 
        State-licensed program that does not have an adequate on-site 
        recreation area shall take children to off-site parks, 
        community recreation centers, or other suitable locations.
            (4) Language-appropriate reading materials.--A State-
        licensed program shall provide appropriate reading materials in 
        the preferred languages of unaccompanied noncitizen children 
        for use during leisure time.

                   Subtitle C--Placement of Children

SEC. 221. PHASING OUT LARGE CONGREGATE CARE FACILITIES.

    (a) Definition of Large Congregate Care Facility.--In this section, 
the term ``large congregate care facility'' means a facility intended 
to house more than 25 individuals at a time.
    (b) Phaseout.--
            (1) In general.--Beginning on the date that is 2 years 
        after the date of the enactment of this Act--
                    (A) the Director may not place an unaccompanied 
                noncitizen child in a large congregate care facility; 
                and
                    (B) no Federal funds shall be made available for 
                the purpose of--
                            (i) housing an unaccompanied noncitizen 
                        child in such a facility; or
                            (ii) placing an unaccompanied noncitizen 
                        child in any congregate care facility for a 
                        period longer than 14 days.
            (2) Exception.--Paragraph (1) shall not apply to any of the 
        following:
                    (A) An influx facility.
                    (B) A setting specializing in prenatal, postpartum, 
                or parenting support for youth.
                    (C) A supervised independent living setting under 
                the post-18 program described in section 243(c).
                    (D) A program addressing the needs of victims of 
                trafficking.
                    (E) A qualified residential treatment program 
                specifically designed to meet the needs of a child with 
                serious emotional or behavioral health needs.
    (c) Plan Required.--
            (1) In general.--The Director shall develop a plan to 
        eliminate the use of large congregate care facilities by the 
        date that is 2 years after the date of the enactment of this 
        Act.
            (2) Elements.--The plan required by paragraph (1) shall 
        include the following:
                    (A) Specific measures the Director will take to 
                eliminate the use of such facilities.
                    (B) Performance benchmarks that require the 
                Director to place unaccompanied noncitizen children in 
                compliant congregate care facilities as follows:
                            (i) 25 percent of such children not later 
                        than the date that is 1 year after the date of 
                        the enactment of this Act.
                            (ii) 75 percent of such children not later 
                        than 545 days after such date of enactment.
                            (iii) 100 percent of such children not 
                        later than 2 years after such date of 
                        enactment.
            (3) Submittal to congress.--Not later than 90 days after 
        the date of the enactment of this Act, the Director shall 
        submit to Congress the plan developed under paragraph (1).
    (d) Transitional Support for Nongovernmental Organizations.--To the 
extent that the transition to childcare facilities housing 25 
unaccompanied noncitizen children or fewer affects nongovernmental 
organizations that provide services to such children, the Director 
shall increase funding to such organizations--
            (1) to prevent a disruption or decrease in services;
            (2) to establish centralized locations for unaccompanied 
        noncitizen children to receive services from such 
        organizations; and
            (3) to increase funding for representation of released 
        children.

SEC. 222. LEAST RESTRICTIVE SETTING.

    An unaccompanied noncitizen child in the custody of the Secretary 
shall be placed in the least restrictive setting that most approximates 
a family and in which the child's special needs, if any, may be met 
consistent with the best interests and special needs of the child.

SEC. 223. FOSTER FAMILY CARE.

    (a) Preference for Foster Family Care.--
            (1) In general.--With respect to an unaccompanied 
        noncitizen child in the custody of the Secretary, the Director 
        shall make active efforts to place the child in the least 
        restrictive setting that most approximates a family and in 
        which the child's special needs, if any, may be met.
            (2) Additional consideration.--Such an unaccompanied 
        noncitizen child shall be placed within reasonable proximity to 
        the location of the child's immigration proceedings, taking 
        into account any special needs of the child before placing the 
        child in a childcare facility.
    (b) Transitional Foster Care.--
            (1) In general.--An unaccompanied noncitizen child whose 
        length of care in the custody of the Secretary is anticipated 
        to be not more than 30 days shall be eligible for a 
        transitional foster care placement in a family home licensed to 
        provide such shorter term care.
            (2) Priority.--The Director shall prioritize for placement 
        in transitional foster care the following categories of 
        unaccompanied noncitizen children:
                    (A) Unaccompanied noncitizen children under 13 
                years of age.
                    (B) Sibling groups with 1 or more siblings who are 
                under 13 years of age.
                    (C) Unaccompanied noncitizen children who are 
                pregnant or parenting.
                    (D) Unaccompanied noncitizen children with special 
                needs, including any unaccompanied noncitizen child 
                with a disability.
    (c) Stays Expected To Extend More Than 30 Days.--
            (1) In general.--An unaccompanied noncitizen child whose 
        length of care in the custody of the Secretary is anticipated 
        to be more than 30 days, or a noncitizen who entered the 
        custody of the Secretary as a child and who has reached the age 
        of 18 years, shall be eligible for a long-term foster care 
        placement in the least restrictive setting that most 
        approximates a family and in which the child's best interests 
        and any special needs may be met.
            (2) Contracting requirements.--The Director shall--
                    (A) seek to enter into 1 or more contracts with 
                State-licensed foster care providers for the provision 
                of long-term foster care placements for all eligible 
                unaccompanied noncitizen children; and
                    (B) ensure that such providers accept unaccompanied 
                noncitizen children for placement in a timely manner.
    (d) Access to Foster Care for Children With Disabilities or Mental 
or Behavioral Health-
Related Needs.--
            (1) In general.--The Director shall--
                    (A) ensure access to transitional and long-term 
                foster care placements for unaccompanied noncitizen 
                children notwithstanding--
                            (i) disabilities;
                            (ii) behavioral concerns or involvement in 
                        the juvenile justice system;
                            (iii) prior incident reports; or
                            (iv) prior or current restrictive 
                        placements (as defined in section 226); and
                    (B) seek to enter into 1 or more contracts with 
                foster care providers that have the documented capacity 
                and commitment to accept children regardless of 
                disabilities or mental or behavioral health-related 
                needs.
            (2) Equal access.--
                    (A) In general.--An unaccompanied noncitizen child 
                with mental or behavioral health-related needs who does 
                not pose a documented, imminent threat to himself or 
                herself, to others, or to the community shall be 
                eligible for, and shall be provided equal access to, a 
                foster care placement.
                    (B) Eligibility for transfer.--If such a child is 
                in a restrictive placement, he or she shall be eligible 
                for direct transfer to a foster care placement.
            (3) Limitation on refusal of placement.--A State-licensed 
        program that operates a childcare facility may not refuse 
        placement of an unaccompanied noncitizen child based on a 
        disability or a mental or behavioral health-related need absent 
        individualized documentation that--
                    (A) State licensing requirements bar acceptance of 
                the specific unaccompanied noncitizen child based on 
                the child's individual needs; and
                    (B) a request for a variance from such a 
                requirement has been denied or is unavailable under 
                State law.
    (e) Background Checks.--
            (1) In general.--The Director shall ensure that a Federal 
        Bureau of Investigation background check and, in any applicable 
        State, a child abuse or neglect registry check, has been 
        conducted for each resident of a foster care placement for an 
        unaccompanied noncitizen child.
            (2) Limitation on denial of placement.--The Director shall 
        deny the foster care placement for an unaccompanied alien child 
        if the criminal history of a resident of a potential foster 
        care placement includes a conviction--
                    (A) for child abuse or trafficking; or
                    (B) that has a direct and immediate impact on the 
                safety of the unaccompanied alien child.

SEC. 224. ADDITIONAL REQUIREMENTS RELATING TO CHILDREN WITH 
              DISABILITIES AND CHILDREN WITH MENTAL HEALTH NEEDS.

    (a) Prioritization of Release.--The Director shall prioritize the 
release to sponsors of unaccompanied noncitizen children with 
disabilities so that such children may receive, in the community rather 
than in immigration custody, evidence-based, trauma-informed services 
tailored to their needs.
    (b) Access to Services While in Custody.--In the case of an 
unaccompanied noncitizen child with disabilities who cannot be 
expeditiously released, the Director shall provide access to any 
necessary service in the least restrictive integrated setting possible 
until a family-based placement is secured.
    (c) Support.--The Director shall support unaccompanied noncitizen 
children with disabilities by--
            (1) contracting with a range of placements so as to ensure 
        that integrated settings are available for such children;
            (2) providing resources to support placement, such as by 
        connecting providers with community-based services or assisting 
        with licensing variances; and
            (3) developing and delivering trauma-informed disability-
        related training to all frontline care provider staff, in 
        collaboration with stakeholders who have expertise in serving 
        children with disabilities.
    (d) Network Capacity.--Not less than 75 percent of all childcare 
facilities and foster care placements shall have appropriate State 
licensing and documented capability to house unaccompanied noncitizen 
children with disabilities.

SEC. 225. MINIMIZING TRANSFERS.

    (a) In General.--The Director shall--
            (1) minimize transfer of unaccompanied noncitizen children 
        among childcare facilities and between short-term and long-term 
        foster care placements; and
            (2) ensure that--
                    (A) the Ombudsperson tracks any third or subsequent 
                transfer of a child between childcare facilities or 
                placements;
                    (B) unaccompanied noncitizen children remain in the 
                least restrictive settings that most approximate a 
                family; and
                    (C) unaccompanied noncitizen children who are 
                siblings are housed together in the same childcare 
                facility unless there is an extraordinary need for 
                specialized care, such as inpatient health care 
                services.
    (b) Notice.--
            (1) In general.--In the case of an unaccompanied noncitizen 
        child who is transferred to another childcare facility or 
        foster family home placement, not less than 48 hours before the 
        transfer occurs, the Director shall--
                    (A) notify the child in a language and format the 
                child understands; and
                    (B) notify and provide a justification for the 
                transfer to the child's sponsor, legal counsel or local 
                legal services provider, and child advocate, as 
                applicable.
            (2) Exception.--
                    (A) In general.--Paragraph (1) shall not apply in 
                an unusual and compelling circumstance, such as--
                            (i) a circumstance in which--
                                    (I) the safety of the unaccompanied 
                                noncitizen child or any other 
                                individual is threatened; or
                                    (II) the child has previously 
                                attempted to abscond from custody; or
                            (ii) a case in which the unaccompanied 
                        noncitizen child's legal counsel has waived 
                        notice under that paragraph.
                    (B) Notice after transfer.--In the case of a 
                circumstance or waiver described in subparagraph (A), 
                notice shall be provided to the unaccompanied 
                noncitizen child's legal counsel or local legal 
                services provider, and child advocate, as applicable, 
                not later than 24 hours after the transfer.
    (c) Possessions and Legal Papers.--The Director shall ensure that 
any unaccompanied noncitizen child is transferred with all of his or 
her possessions and legal papers.

SEC. 226. RESTRICTIVE PLACEMENTS.

    (a) Definitions.--In this section:
            (1) Restrictive placement.--The term ``restrictive 
        placement'' means--
                    (A) a staff-secure facility;
                    (B) a therapeutic staff-secure facility; and
                    (C) a placement in any setting other than a 
                childcare facility, an influx facility, or licensed 
                foster care placement.
            (2) Therapeutic childcare facility.--The term ``therapeutic 
        childcare facility'' means a--
                    (A) congregate care facility for the purpose of 
                rehabilitation or residential treatment; and
                    (B) an out-of-network facility or group home the 
                staff of which has specialized training to care for 
                children and adolescents with significant emotional, 
                behavioral, social, or medical needs.
    (b) Placement Review Hearings for Transfers to Restrictive 
Placements.--
            (1) In general.--In the case of transfer of an 
        unaccompanied noncitizen child to a restrictive placement, the 
        Director shall provide an administrative placement review 
        hearing conducted in accordance with sections 554 through 557 
        of title 5, United States Code.
            (2) Notice.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Director shall provide written notice of 
                intent to transfer an unaccompanied noncitizen child to 
                a restrictive placement to the child concerned and the 
                child's legal counsel and child advocate.
                    (B) Exception.--The Director may transfer an 
                unaccompanied noncitizen child to a restrictive 
                placement without providing notice under subparagraph 
                (A) only if the Director has a reasonable belief, based 
                on clearly articulable facts, that the child is a 
                present, imminent danger to himself or herself or to 
                others.
                    (C) Elements.--A notice required by subparagraph 
                (A) shall include, in a language and format the 
                unaccompanied noncitizen child understands, the 
                following:
                            (i) The time, date, and location of the 
                        hearing under paragraph (1).
                            (ii) A description of the individualized 
                        allegations relied on by the Director in 
                        support of such transfer, including all 
                        supporting evidence.
                            (iii) An explanation that the unaccompanied 
                        noncitizen child--
                                    (I) has a right to contest such 
                                transfer at such hearing; and
                                    (II) may submit additional 
                                evidence, including witness testimony.
            (3) Timing of hearing.--A hearing under this subsection 
        shall occur not less than--
                    (A) 72 hours after the unaccompanied noncitizen 
                child concerned receives notice under paragraph (2); 
                and
                    (B) 5 business days before the transfer to the 
                restrictive placement is scheduled to occur.
            (4) Procedural matters.--
                    (A) Neutral fact finder.--A hearing under this 
                subsection shall be presided over by a neutral fact 
                finder who--
                            (i) is not an employee of the Office of 
                        Refugee Resettlement; and
                            (ii) has expertise in child welfare.
                    (B) Rights of child.--
                            (i) In general.--At a hearing under this 
                        subsection, an unaccompanied noncitizen child 
                        shall have--
                                    (I) the right to counsel; and
                                    (II) the right and opportunity to 
                                confront, inspect, and rebut the 
                                evidence alleged to justify the 
                                transfer to a restrictive placement.
                            (ii) Waiver of presence.--With the 
                        assistance of counsel, an unaccompanied 
                        noncitizen child may waive his or her presence 
                        at a hearing under this subsection.
                    (C) Availability of office of refugee resettlement 
                records.--The Director shall disclose to the 
                unaccompanied noncitizen child concerned and the legal 
                counsel and child advocate of the child, as applicable, 
                the child's entire case file and all evidence 
                supporting the determination to transfer the child to a 
                restrictive placement--
                            (i) not later than 24 hours after such 
                        determination is made; and
                            (ii) not less than 2 days before the date 
                        of the hearing under this subsection.
                    (D) Interpretation services.--An interpreter in the 
                preferred language of the unaccompanied noncitizen 
                child shall be made available for a hearing under this 
                subsection.
                    (E) Burdens of production and proof.--The Director 
                shall have the burden of production and the burden of 
                proof, by clear and convincing evidence, to establish 
                that--
                            (i) the unaccompanied noncitizen child is a 
                        present danger to himself or herself or to 
                        others;
                            (ii) a restrictive placement is consistent 
                        with the best interests of the child;
                            (iii) there is no viable alternative to a 
                        restrictive placement to ensure the best 
                        interests of the child; and
                            (iv) the child's placement in a facility 
                        that is not a restrictive placement would not 
                        provide the services or resources necessary.
                    (F) Record of proceedings.--The record of 
                proceedings for a hearing under this subsection, and 
                all related documentation--
                            (i) shall be maintained separately and 
                        apart from the unaccompanied noncitizen child's 
                        immigration file (commonly called the ``A-
                        File''); and
                            (ii) shall not form any part of, and shall 
                        not be relied upon, in any removal proceedings 
                        or any adjudication carried out by U.S. 
                        Citizenship and Immigration Services, including 
                        with respect to final decisions and 
                        discretionary factors.
            (5) Written decision.--
                    (A) In general.--Not later than 2 business days 
                before the date on which the unaccompanied noncitizen 
                child concerned is scheduled to be transferred to a 
                restrictive placement, the fact finder shall issue a 
                written decision approving or denying such transfer, 
                which shall be binding on the Office of Refugee 
                Resettlement.
                    (B) Consideration of best interest 
                recommendation.--In making a decision on such a 
                transfer, the fact finder shall consider, and respond 
                in writing to, the recommendation of the child advocate 
                of the unaccompanied noncitizen child concerned.
                    (C) Elements.--A written decision under this 
                paragraph shall--
                            (i) set forth a detailed, specific, and 
                        individualized justification for the decision; 
                        and
                            (ii) notify the unaccompanied noncitizen 
                        child of the child's--
                                    (I) right to placement review 
                                hearings under subsection (e);
                                    (II) right to seek review of the 
                                decision by the Ombudsperson under 
                                paragraph (6); and
                                    (III) right to seek judicial review 
                                of the decision.
                    (D) Language access.--The decision shall be made 
                available in a language and in a format the 
                unaccompanied noncitizen child understands.
                    (E) Submission to ombudsperson.--Not later than 72 
                hours after a decision in a placement review hearing is 
                issued under this paragraph, the fact finder shall 
                submit the decision to the Ombudsperson.
            (6) Review by ombudsperson.--
                    (A) In general.--On request by an unaccompanied 
                noncitizen child or the legal counsel or child advocate 
                of the child, the Ombudsperson shall carry out a review 
                of a decision under paragraph (5), which shall be 
                completed not later than 15 days after the date on 
                which the request for review is made.
                    (B) Recommendation.--
                            (i) In general.--In carrying out a review 
                        under this paragraph, the Ombudsperson may make 
                        a recommendation with respect to whether such 
                        decision should be modified.
                            (ii) Finding of erroneous decision.--
                                    (I) In general.--If the 
                                Ombudsperson determines that the 
                                decision under paragraph (5) was 
                                erroneous, the Ombudsperson shall 
                                submit to the Director a recommendation 
                                for further action.
                                    (II) Written statement.--
                                            (aa) In general.--If the 
                                        Director declines to follow the 
                                        recommendation of the 
                                        Ombudsperson, the Director 
                                        shall provide a detailed 
                                        written justification to the 
                                        child, the prospective sponsor, 
                                        the legal counsel and the child 
                                        advocate of the child, and the 
                                        legal counsel of the 
                                        prospective sponsor, as 
                                        applicable.
                                            (bb) Nondelegation.--The 
                                        Director may not delegate the 
                                        requirement to issue such a 
                                        written statement to any other 
                                        individual.
    (c) Limitations on Placement in Secure Facilities and Staff-Secure 
Facilities.--
            (1) In general.--The Director may not place an 
        unaccompanied noncitizen child in a staff-secure facility based 
        solely on a risk of self-harm or behavior related to the 
        child's trauma or mental health that could be addressed in a 
        less restrictive setting with additional accommodations or 
        rehabilitative care.
            (2) Secure facilities.--The Director may never hold or 
        place an unaccompanied noncitizen child in a secure facility.
            (3) Staff-secure facilities.--
                    (A) In general.--The Director may only hold or 
                place an unaccompanied noncitizen child in a staff-
                secure facility if--
                            (i) there is clear and convincing evidence 
                        that the child poses a serious and imminent 
                        danger to others at the time of placement;
                            (ii) upon holistic review of the child's 
                        file, there is clear and convincing evidence 
                        that the assessed danger does not stem from the 
                        child's trauma or mental health conditions; and
                            (iii) even with additional accommodations 
                        and de-escalation measures, the child cannot be 
                        adequately cared for in a less restrictive 
                        setting or rehabilitative care.
                    (B) Duration.--The Director may only hold an 
                unaccompanied noncitizen child in a staff-secure 
                facility under subparagraph (A) during the period in 
                which the Director can demonstrate that the conditions 
                described in that subparagraph exist.
                    (C) Transfer.--The Director shall consider transfer 
                of the child to a less restrictive placement as soon as 
                these requirements are no longer met, even if the child 
                has been in the placement for less than 30 days.
            (4) Prohibition on placement in u.s. immigration and 
        customs enforcement facilities.--The Director may not place any 
        noncitizen child in--
                    (A) a U.S. Immigration and Customs Enforcement 
                facility; or
                    (B) a facility operated by contract with U.S. 
                Immigration and Customs Enforcement.
    (d) Placement in Therapeutic Childcare Facilities.--
            (1) Limitation.--The Director may place an unaccompanied 
        noncitizen child in a therapeutic childcare secure facility 
        only if--
                    (A) the unaccompanied noncitizen child has received 
                a detailed, individualized evaluation by a licensed 
                psychologist or psychiatrist who is experienced in the 
                care of children; and
                    (B) the mental health professional conducting the 
                evaluation under subparagraph (A) has determined that--
                            (i) the child poses a substantial risk of 
                        harm to himself or herself or to others;
                            (ii) such placement is in the best 
                        interests of the child; and
                            (iii) even with additional accommodations 
                        or rehabilitative care, at the time of 
                        placement, the child cannot be adequately cared 
                        for in a less restrictive setting until the 
                        child receives services provided in such a 
                        placement.
            (2) Preference for community-based therapeutic foster 
        care.--Before placing an unaccompanied noncitizen child in a 
        therapeutic childcare facility, the Director shall first seek 
        to place the child in a family-based therapeutic foster care 
        placement.
            (3) Applicability of other provisions.--The procedures 
        relating to transfers, notice, and placement review hearings 
        under this title apply equally to unaccompanied noncitizen 
        children placed in residential treatment centers and other 
        therapeutic childcare facilities.
            (4) Services to be provided.--
                    (A) Evaluation.--
                            (i) In general.--An unaccompanied 
                        noncitizen child placed in a therapeutic 
                        childcare facility shall be evaluated by a 
                        licensed psychologist or psychiatrist who is 
                        experienced in the care of children.
                            (ii) Report.--The mental health 
                        professional conducting the evaluation under 
                        clause (i) for an unaccompanied noncitizen 
                        child shall--
                                    (I) issue a written report that 
                                sets forth--
                                            (aa) the reasons for such 
                                        placement;
                                            (bb) treatment goals; and
                                            (cc) a plan specific to the 
                                        child for transition to a less 
                                        restrictive setting; and
                                    (II) make such report available to 
                                the unaccompanied noncitizen child and 
                                the child advocate of the child.
                    (B) Access to counsel.--The operator of a 
                residential treatment center or any other therapeutic 
                childcare facility for unaccompanied noncitizen 
                children shall provide access to--
                            (i) legal services; and
                            (ii) existing legal counsel and child 
                        advocates of such children, as applicable.
    (e) Monthly Review Hearing.--
            (1) In general.--Not less frequently than monthly, each 
        unaccompanied noncitizen child in a restrictive placement shall 
        be afforded a placement review hearing to determine whether 
        continued placement in the restrictive placement is 
        appropriate.
            (2) Conduct of hearings.--A hearing under this subsection 
        shall be conducted in accordance with the procedures and 
        standards for placement review hearings under subsection (b).
            (3) Report by mental health provider.--With respect to an 
        unaccompanied noncitizen child who is in a therapeutic 
        childcare facility not later than 5 days before a hearing under 
        this subsection, a licensed psychologist or psychiatrist who is 
        experienced in the care of children shall submit to the fact 
        finder a detailed report on the mental health needs of the 
        unaccompanied noncitizen child concerned.
            (4) Written decision.--
                    (A) In general.--The fact finder shall issue a 
                written decision continuing or terminating the 
                restrictive placement of the unaccompanied noncitizen 
                child concerned, which shall be binding on the Office 
                of Refugee Resettlement.
                    (B) Consideration of best interest 
                recommendation.--In making a decision on such 
                placement, the fact finder shall consider--
                            (i) the best interest recommendation of the 
                        child advocate with respect to the 
                        unaccompanied noncitizen child concerned; and
                            (ii) the findings contained in the report 
                        submitted under paragraph (3).
                    (C) Elements.--A written decision under this 
                paragraph shall--
                            (i) set forth a detailed, specific, and 
                        individualized justification for the decision; 
                        and
                            (ii) notify the unaccompanied noncitizen 
                        child of--
                                    (I) the right to further placement 
                                review hearings under this subsection; 
                                and
                                    (II) the right to seek judicial 
                                review of the decision.
                    (D) Language access.--The decision shall be made 
                available in a language and in a format the 
                unaccompanied noncitizen child understands.
            (5) Record of proceedings.--The record of proceedings for a 
        hearing under this subsection, and all related documentation--
                    (A) shall be maintained separately and apart from 
                the unaccompanied noncitizen child's immigration file 
                (commonly called the ``A-File''); and
                    (B) shall not form any part of, and shall not be 
                relied upon, in any removal proceedings or any 
                adjudication carried out by U.S. Citizenship and 
                Immigration Services, including with respect to final 
                decisions and discretionary factors.
    (f) Placement of Unaccompanied Noncitizen Children With 
Disabilities in Restrictive Placements.--
            (1) In general.--An unaccompanied noncitizen child who is 
        receiving services under section 504 of the Rehabilitation Act 
        of 1973 (29 U.S.C. 794) shall not be placed in a facility that 
        does not have access to such services.
            (2) Needs determination.--
                    (A) In general.--Before placing such an 
                unaccompanied noncitizen child in a restrictive 
                setting, the Director shall make a determination as to 
                whether the needs of the child can be met in a more 
                integrated setting.
                    (B) Elements.--A determination under subparagraph 
                (A) shall include--
                            (i) an identification of the relevant 
                        trauma-informed, evidence-based services and 
                        accommodations that have been identified as 
                        potentially relevant;
                            (ii) a description of any such service or 
                        accommodation that has been provided and the 
                        period of time in which the service or 
                        accommodation has been provided;
                            (iii) if any such service or accommodation 
                        has been ineffective, an assessment of the 
                        reason; and
                            (iv) an assessment of whether additional 
                        services or accommodations could be provided at 
                        the child's current placement.
            (3) Services available in a less restrictive placement.--
                    (A) In general.--If services are identified that 
                have the potential to maintain such an unaccompanied 
                noncitizen child in a less restrictive placement, the 
                Director shall ensure that the child receives such 
                services before the Director considers a transfer to a 
                restrictive placement.
                    (B) Identification of services and 
                accommodations.--
                            (i) In general.--For each such 
                        unaccompanied noncitizen child, at each 
                        placement review hearing under subsection (e), 
                        the Director shall explicitly identify services 
                        and accommodations that could be made available 
                        in a less restrictive placement.
                            (ii) Justification.--A recommendation by 
                        the Director against placing such an 
                        unaccompanied noncitizen child in a less 
                        restrictive placement shall be supported by 
                        specific documentation as to the reasons that, 
                        even with such accommodations, the child cannot 
                        be safely placed in a less restrictive 
                        placement.
            (4) Independent review.--
                    (A) In general.--In the case of such an 
                unaccompanied noncitizen child whom the Director 
                intends to transfer to a restrictive placement, before 
                the child's placement review hearing, the decision to 
                so transfer shall be reviewed by an independent third-
                party licensed psychologist or psychiatrist who is 
                experienced in the care of children in accordance with 
                a standardized process for evaluating the data and 
                presented rationale, including a consideration of 
                accommodations that could avoid the need for 
                restrictive placement.
                    (B) Continued restrictive placement.--In the case 
                of such an unaccompanied noncitizen child in a 
                restrictive placement whom the Director does not intend 
                to transfer to a less restrictive placement, before the 
                child's next placement review hearing, the decision 
                shall be reviewed by an independent third-party 
                licensed psychologist or psychiatrist who is 
                experienced in the care of children, in accordance with 
                a standardized process for evaluating the data and 
                presented rationale, including a consideration of 
                accommodations that could avoid the need for 
                restrictive placement.
                    (C) Report.--Not later than 45 days after 
                conducting a review under this paragraph, the 
                independent third-party mental health professional 
                shall issue a written report describing the results of 
                the review to the fact finder, the child concerned, the 
                legal counsel and child advocate of such child, and the 
                Director.

SEC. 227. JUDICIAL REVIEW OF PLACEMENT.

    (a) In General.--An unaccompanied noncitizen child, or the parent, 
legal guardian, or nonparent family member of the child, with the 
consent of the child, may seek judicial review in a district court of 
the United States of--
            (1) a determination with respect to the type of childcare 
        facility in which the child is placed; or
            (2) a sponsorship determination.
    (b) Venue.--Venue for judicial review under subsection (a) may be 
found in--
            (1) the district in which the original childcare facility 
        in which the unaccompanied noncitizen child concerned was 
        placed is located; or
            (2) the district in which the childcare facility to which 
        the unaccompanied noncitizen child was transferred is located.
    (c) Limited Review.--Review under this section shall be limited to 
entering an order solely affecting the individual claims of the 
unaccompanied noncitizen child or the parent, legal guardian, or 
prospective sponsor seeking such review.
    (d) Agency Exercise of Discretion Reviewed De Novo.--The exercise 
of discretion by the Secretary or the Secretary of Homeland Security in 
making a placement decision reviewed under this section shall be 
reviewed de novo.
    (e) Bond Redetermination.--An unaccompanied noncitizen child in 
removal proceedings shall be afforded a bond redetermination hearing 
before an immigration judge in every case, unless the child indicates 
on the notice of custody determination form that he or she waives the 
right to such a hearing.

  Subtitle D--Family Reunification and Standards Relating to Sponsors

SEC. 231. FAMILY REUNIFICATION EFFORTS BY OFFICE OF REFUGEE 
              RESETTLEMENT.

    (a) In General.--During the period in which an unaccompanied 
noncitizen child is in the custody of the Secretary, the Director 
shall--
            (1) provide individualized, onsite case management and 
        family reunification services;
            (2) ensure that--
                    (A) a case manager contacts the child not later 
                than 48 hours after the child is transferred to the 
                custody of the Secretary; and
                    (B) in the case of case manager reassignment, the 
                case manager reassigned to the child contacts the child 
                not later than 24 hours after such reassignment;
            (3) make and document prompt, active, and continuous 
        efforts towards family reunification and release; and
            (4) work diligently--
                    (A) to review family reunification applications 
                from prospective sponsors; and
                    (B) to assist prospective sponsors in completing 
                such applications and complying with sponsor 
                requirements.
    (b) Preference for Release.--The Director may release an 
unaccompanied noncitizen child from the custody of the Secretary to a 
sponsor who is, in the order of preference, any of the following:
            (1) A parent.
            (2) A legal guardian.
            (3) An adult relative.
            (4) An adult individual, or an entity, designated by the 
        parent or legal guardian of the unaccompanied noncitizen child 
        as capable and willing to care for the child's well-being, 
        which designation is supported by--
                    (A) a declaration signed by the parent or legal 
                guardian under penalty of perjury before an immigration 
                or consular officer; or
                    (B) such other document that makes such a 
                designation and establishes the affiant's parentage or 
                guardianship.
            (5) A licensed program willing to accept legal custody of 
        the child.
            (6) An adult individual or entity seeking custody of the 
        child.
    (c) Timelines for Reunification.--The Director shall use the 
information collected under, and data requirements described in, 
section 602(b)--
            (1) to determine the characteristics that exert significant 
        effect on the reunification of unaccompanied noncitizen 
        children with a sponsor;
            (2) to establish categories of children who exhibit such 
        characteristics, which categories shall distinguish between--
                    (A)(i) children released to parents or legal 
                guardians; and
                    (ii) children released to other sponsors; and
                    (B)(i) children who have home studies mandated by 
                section 235 of the Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232);
                    (ii) children granted home studies through the 
                discretion of the Director; and
                    (iii) other children;
            (3) to establish timelines for reunification appropriate to 
        each such category of children;
            (4) to monitor ongoing reunification efforts for compliance 
        with such timelines; and
            (5) to identify systematic barriers to release for children 
        in such categories.
    (d) Systematic Barriers To Release.--The Director shall eliminate 
any administrative hindrance identified as a systemic barrier to 
release under subsection (c)(4).
    (e) Expedited Reunification of Early Childhood Minors.--The 
Director shall develop procedures to facilitate the expedited 
reunification of unaccompanied noncitizen children who are early 
childhood minors with family members seeking to serve as sponsors.
    (f) Limitation on Remote Services.--Case management and family 
reunification services may only be provided remotely for unaccompanied 
noncitizen children housed in an influx facility or a childcare 
facility activated for use during an influx.
    (g) Recordkeeping.--The Director shall maintain a written record of 
the efforts made by the Office of Refugee Resettlement to reunify and 
release each unaccompanied noncitizen child in the custody of the 
Secretary.

SEC. 232. STANDARDS RELATING TO SPONSORS.

    (a) Procedures and Protections.--
            (1) In general.--The Director shall not impose sponsor 
        requirements (including application deadlines and requests for 
        information or documentation about prospective sponsors, the 
        household members of prospective sponsors, or other 
        individuals) that do not have a substantial and direct impact 
        on child safety.
            (2) Nondiscrimination.--In reviewing an application for 
        sponsorship, the Director may not rely on the national origin, 
        immigration status, language, religion, sexual orientation, sex 
        (including gender identity or gender expression), color, or 
        race of the child concerned or of the prospective sponsor to 
        delay or deny the application.
            (3) Prohibition on certain reasons for sponsorship 
        denial.--A prospective sponsor may not be denied sponsorship 
        solely due to--
                    (A) poverty, use of public assistance, lack of 
                employment or health insurance, or past or current 
                health conditions that do not have a substantial and 
                direct impact on child safety;
                    (B) absence of a pre-existing relationship with the 
                unaccompanied noncitizen child concerned; or
                    (C) immigration status.
            (4) Legal rights of prospective sponsors.--
                    (A) In general.--In making decisions about the 
                sponsorship of an unaccompanied noncitizen child, the 
                Director shall--
                            (i) take into consideration the legal 
                        rights of any parent, legal guardian, or family 
                        member who is seeking sponsorship of the child; 
                        and
                            (ii) ensure that Office of Refugee 
                        Resettlement processes for ensuring the child's 
                        safe release do not interfere with such rights.
                    (B) Parents.--A parent shall not be denied 
                reunification with their child absent a determination 
                supported by clear and convincing evidence that custody 
                of the child by the parent is likely to result in 
                serious emotional or physical damage to the child.
            (5) Assessment required.--
                    (A) In general.--The Director may only release an 
                unaccompanied noncitizen child to an individual or a 
                licensed program for whom a prospective sponsor 
                assessment has been completed, consistent with the 
                requirements of section 235(c)(3) of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)).
                    (B) Elements.--A sponsor assessment shall include--
                            (i) a completed family reunification 
                        application; and
                            (ii) consideration of the wishes and 
                        concerns of the unaccompanied noncitizen child 
                        concerned.
                    (C) Opportunity to address concerns.--A prospective 
                sponsor shall be afforded the opportunity to address 
                any concern raised during the sponsor assessment 
                process before the prospective sponsor's application is 
                denied.
                    (D) Background checks.--
                            (i) In general.--Fingerprint-based checks 
                        of national crime information databases (as 
                        defined in section 534(f)(3) of title 28, 
                        United States Code) may be requested for 
                        prospective sponsors if a public records check 
                        of the sponsor reveals safety concerns or there 
                        is a documented risk to the safety of the 
                        child.
                            (ii) Limitation.--The Director shall deny 
                        sponsorship for an unaccompanied noncitizen 
                        child if the criminal history of a prospective 
                        sponsor or a household member of the sponsor 
                        includes a conviction--
                                    (I) for child abuse or trafficking; 
                                or
                                    (II) that has a direct and 
                                immediate impact on the safety of the 
                                unaccompanied noncitizen child.
            (6) Safeguards.--
                    (A) In general.--The Director shall implement 
                safeguards to prevent any information obtained in the 
                course of the sponsor assessment process from being 
                used for any purpose other than assessing the sponsor's 
                fitness to care for an unaccompanied noncitizen child.
                    (B) Applicability.--Such safeguards shall apply 
                regardless of the outcome of the prospective sponsor's 
                application.
            (7) Annual evaluation.--
                    (A) In general.--Not less frequently than annually, 
                the Director shall conduct an evaluation of Office of 
                Refugee Resettlement policies and practices to 
                determine whether such policies and practices create 
                unnecessary barriers to release or result in delays in 
                unaccompanied noncitizen children's prompt release to 
                sponsors.
                    (B) Submission to ombudsperson.--The Director shall 
                submit each evaluation conducted under subparagraph (A) 
                to the Ombudsperson.
    (b) Sponsorship Determination.--
            (1) In general.--Not later than 7 days after the date on 
        which the Director receives a family reunification application 
        from a prospective sponsor, the Director shall make a 
        determination with respect to whether the unaccompanied 
        noncitizen child concerned may be placed with the sponsor.
            (2) Consideration of effect of denial.--In making a 
        determination under paragraph (1), the Director shall take into 
        consideration the effect a denial of the application, and 
        continued immigration custody for the unaccompanied noncitizen 
        child concerned, would have on--
                    (A) the health and well-being of the child; and
                    (B) in the case of a prospective sponsor who is a 
                parent, legal guardian, or a family member of the 
                child, the right of the parent, legal guardian, or 
                family member to the care and custody of the child.
            (3) Sponsorship hearing.--
                    (A) In general.--The Director shall provide an 
                opportunity for an administrative hearing, conducted in 
                accordance with sections 554 through 557 of title 5, 
                United States Code, in the case of--
                            (i) a determination that a prospective 
                        sponsor is not fit to receive the unaccompanied 
                        noncitizen child concerned; or
                            (ii) failure by the Director to make a 
                        determination on a family reunification 
                        application within the timeframe set forth in 
                        paragraph (1).
                    (B) Notice.--
                            (i) In general.--Not later than 24 hours 
                        after a determination or failure described in 
                        subparagraph (A), the Director shall provide 
                        notice of such a hearing to--
                                    (I) the unaccompanied noncitizen 
                                child;
                                    (II) the legal counsel and the 
                                child advocate of such child;
                                    (III) the prospective sponsor; and
                                    (IV) the legal counsel of such 
                                prospective sponsor.
                            (ii) Elements.--The notice required under 
                        clause (i) shall include, in a language the 
                        unaccompanied noncitizen child and the 
                        prospective sponsor understand, the following:
                                    (I) The time, date, and location of 
                                the hearing.
                                    (II) Notice with respect to the 
                                availability of transportation to the 
                                hearing for the child and the 
                                prospective sponsor under subparagraph 
                                (E)(i).
                                    (III) In the case of a 
                                determination that the prospective 
                                sponsor is unfit--
                                            (aa) the justification for 
                                        such determination; and
                                            (bb) a description of any 
                                        supporting evidence and 
                                        information.
                                    (IV) In the case of a failure to 
                                make a timely determination, a 
                                justification for such failure.
                                    (V) Notification that the 
                                unaccompanied noncitizen child and 
                                prospective sponsor may submit 
                                additional evidence, including witness 
                                testimony, in support of the family 
                                reunification application at or before 
                                the hearing.
                    (C) Limitation on office of refugee resettlement 
                evidence.--In a hearing under this paragraph, the 
                Director may only submit evidence and information that 
                is described on the notice provided under subparagraph 
                (B).
                    (D) Timing of hearing.--
                            (i) In general.--Except as provided in 
                        clause (ii), a hearing under this paragraph 
                        shall occur not less than 7 days and not more 
                        than 14 days after the date on which notice 
                        under subparagraph (B) is provided.
                            (ii) Request for additional time.--Such a 
                        hearing may occur on a date that is more than 
                        14 days after the date such notice is provided 
                        if the prospective sponsor requests additional 
                        time.
                    (E) Presence at hearing.--
                            (i) Transportation.--On request by the 
                        unaccompanied noncitizen child or the 
                        prospective sponsor, the Director shall 
                        facilitate the transportation of the child and 
                        the prospective sponsor to a centralized 
                        location for the hearing.
                            (ii) Waiver of child's presence.--With the 
                        assistance of counsel, an unaccompanied 
                        noncitizen child may waive the child's presence 
                        at a hearing under this paragraph.
                            (iii) Virtual hearing.--An unaccompanied 
                        noncitizen child may request a virtual hearing 
                        under this paragraph and waive the right to an 
                        in-person hearing.
                    (F) Procedural matters.--
                            (i) Neutral fact finder.--A hearing under 
                        this paragraph shall be presided over by a 
                        neutral fact finder who--
                                    (I) is not an employee of the 
                                Office of Refugee Resettlement; and
                                    (II) has expertise in child 
                                welfare.
                            (ii) Child and sponsor rights.--At a 
                        hearing under this paragraph, an unaccompanied 
                        noncitizen child and the child's prospective 
                        sponsor shall have--
                                    (I) the right to counsel; and
                                    (II) the right and opportunity to 
                                confront, inspect, and rebut the 
                                evidence alleged to justify a 
                                determination by the Director that the 
                                prospective sponsor is unfit.
                            (iii) Interpretation services.--An 
                        interpreter in the preferred language of the 
                        unaccompanied noncitizen child and the 
                        prospective sponsor shall be made available for 
                        a hearing under this paragraph.
                            (iv) Burdens of production and proof.--The 
                        Director shall have the burden of production 
                        and the burden of proof, by clear and 
                        convincing evidence, to establish that--
                                    (I) placement with the prospective 
                                sponsor is likely to result in serious 
                                emotional or physical damage to the 
                                child; and
                                    (II) continued Office of Refugee 
                                Resettlement custody is the least 
                                restrictive setting that is in the best 
                                interests of the child.
                            (v) Record of proceedings.--The record of 
                        proceedings for a hearing under this paragraph, 
                        and all related documentation--
                                    (I) shall be maintained separately 
                                and apart from the unaccompanied 
                                noncitizen child's immigration file 
                                (commonly called the ``A-File''); and
                                    (II) shall not form any part of, 
                                and shall not be relied upon, in any 
                                removal proceedings or any adjudication 
                                carried out by U.S. Citizenship and 
                                Immigration Services, including with 
                                respect to final decisions and 
                                discretionary factors.
                    (G) Written decision.--
                            (i) In general.--Not later than 2 business 
                        days after the date of a hearing under this 
                        paragraph, the fact finder shall--
                                    (I) issue a written decision 
                                ordering the release of the 
                                unaccompanied noncitizen child to the 
                                prospective sponsor or denying such 
                                release, which shall be binding on the 
                                Office of Refugee Resettlement; and
                                    (II) provide the written decision 
                                to--
                                            (aa) the child and the 
                                        prospective sponsor; and
                                            (bb) the legal counsel and 
                                        the child advocate of the child 
                                        and the legal counsel of the 
                                        prospective sponsor, as 
                                        applicable.
                            (ii) Denials.--In the case of a denial of 
                        release to the prospective sponsor, the 
                        decision shall--
                                    (I) set forth detailed, specific, 
                                and individualized reasoning for such 
                                denial; and
                                    (II) notify the child and 
                                prospective sponsor of their right to 
                                seek review of the decision by the 
                                Ombudsperson under subparagraph (H).
                            (iii) Language access.--The decision shall 
                        be made available in a language and in a format 
                        the unaccompanied noncitizen child and the 
                        prospective sponsor understand.
                    (H) Review by ombudsperson.--
                            (i) In general.--On request by an 
                        unaccompanied noncitizen child, the legal 
                        counsel or prospective sponsor of such child, 
                        or the legal counsel of such prospective 
                        sponsor, the Ombudsperson shall carry out a 
                        review of a decision under subparagraph (G), 
                        which shall be completed not later than 15 days 
                        after the date on which the request for review 
                        is made.
                            (ii) Recommendation.--
                                    (I) In general.--In carrying out a 
                                review under this subparagraph, the 
                                Ombudsperson may make a recommendation 
                                on the placement or sponsorship of the 
                                unaccompanied noncitizen child 
                                concerned.
                                    (II) Finding of erroneous 
                                decision.--
                                            (aa) In general.--If the 
                                        Ombudsperson determines that 
                                        the decision under subparagraph 
                                        (G) was erroneous, the 
                                        Ombudsperson shall submit to 
                                        the Director a recommendation 
                                        for further action.
                                            (bb) Written statement.--

                                                    (AA) In general.--
                                                If the Director 
                                                declines to follow the 
                                                recommendation of the 
                                                Ombudsperson, the 
                                                Director shall provide 
                                                a detailed written 
                                                justification to the 
                                                child, the prospective 
                                                sponsor, the legal 
                                                counsel and the child 
                                                advocate of the child, 
                                                and the legal counsel 
                                                of the prospective 
                                                sponsor, as applicable.

                                                    (BB) 
                                                Nondelegation.--The 
                                                Director may not 
                                                delegate the 
                                                requirement to issue 
                                                such a written 
                                                statement to any other 
                                                individual.

                    (I) Judicial review.--An unaccompanied noncitizen 
                child or nonparent family member of the child, with the 
                consent of the child, may obtain judicial review of a 
                decision under subparagraph (G) in a district court of 
                the United States.
                    (J) Continued efforts by office of refugee 
                resettlement.--During the pendency of a hearing under 
                this paragraph, and any review of a decision resulting 
                from such a hearing under subparagraph (H) or (I), the 
                Director shall continue to seek alternative prospective 
                sponsors for the unaccompanied noncitizen child 
                concerned.

SEC. 233. SPECIAL CONSIDERATIONS RELATING TO RELEASE OF CHILDREN WITH 
              DISABILITIES.

    (a) In General.--The Director may not delay the release of an 
unaccompanied noncitizen child based solely on a pending evaluation for 
services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794).
    (b) Supporting Evidence Required for Determination Not To 
Release.--A determination by the Director not to release an 
unaccompanied noncitizen child receiving services under such section 
based on a prospective sponsor's inability to meet the needs of the 
child shall be supported by evidence of efforts by the Director to 
educate, and provide concrete resources and support to, the prospective 
sponsor through the provision of post-release services.
    (c) Release to Parents.--The Director may not deny the 
reunification of an unaccompanied noncitizen child receiving services 
under such section with his or her parent absent a determination 
supported by clear and convincing evidence that--
            (1) custody of the child by the parent is likely to result 
        in serious emotional or physical damage to the child; and
            (2) continued Office of Refugee Resettlement custody is the 
        least restrictive setting that is in the best interests of the 
        child.
    (d) Review.--
            (1) In general.--With respect to a determination by the 
        Director not to release an unaccompanied noncitizen child 
        receiving services under such section based on an assessment 
        that the child is a danger to himself or herself or to others, 
        a review of such determination shall be carried out by an 
        independent third-party licensed psychologist or psychiatrist 
        who is experienced in the care of children before the date on 
        which the sponsorship hearing under section 232(b)(3) occurs.
            (2) Procedure.--A review under paragraph (1) shall--
                    (A) be carried out using a standardized method for 
                evaluating the data and shall include the rationale for 
                denying release; and
                    (B) consider the availability of assistive services 
                or technology that could be provided to the 
                unaccompanied noncitizen child concerned if he or she 
                were released.
            (3) Availability.--Such a review shall be made in writing 
        and made available to the unaccompanied noncitizen child and 
        the child's legal counsel before the date on which a 
        sponsorship hearing under section 232(b)(3) occurs.
    (e) Office of Refugee Resettlement Support for Sponsors.--With 
respect to children with disabilities released from the custody of the 
Secretary, the Director shall support and assist sponsors in accessing 
and coordinating post-release community-based services and support or 
technology, to the extent such services and support are available.
    (f) Alternative Placement.--If a sponsor is not identified for an 
unaccompanied noncitizen child who receives services under section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Director shall 
make every effort to place the child in therapeutic foster care, foster 
care, or the Unaccompanied Refugee Minor program.

                          Subtitle E--Release

SEC. 241. PROCEDURES FOR RELEASE.

    (a) In General.--The Secretary shall release an unaccompanied 
noncitizen child from the custody of the Secretary--
            (1) without unnecessary delay; and
            (2) as quickly as may be safely accomplished.
    (b) Provision of Records on Release.--On release from the custody 
of the Secretary, including in circumstances of repatriation, the 
Director shall provide unaccompanied noncitizen children and their 
sponsors, as applicable, the unaccompanied noncitizen child's complete 
Office of Refugee Resettlement case file and records, including--
            (1) documentation that details the child's medical and 
        educational status, progress, and any related evaluations;
            (2) information relating to any special needs of the child; 
        and
            (3) any other information relevant to promoting the child's 
        well-being after release.
    (c) Prescription Medication.--The Director shall ensure that 
unaccompanied noncitizen children prescribed medication are released 
with not less than a 60-day supply of their medication and information 
from a physician regarding continuing or discontinuing the medication.
    (d) Transportation.--Expenses incurred in transporting 
unaccompanied noncitizen children and their sponsors for the purpose of 
the release of the child shall be paid by the Office of Refugee 
Resettlement.
    (e) Prohibition on Secretary Taking Child Back Into Custody.--
            (1) In general.--After the release of an unaccompanied 
        noncitizen child from the custody of the Secretary to a 
        sponsor, the Secretary may not take the child back into 
        custody.
            (2) Reporting to state child welfare agency.--With respect 
        to a child released from such custody, if the Director becomes 
        aware of a concern related to suspected abuse or neglect in a 
        sponsor's care, the Director may report such concerns to the 
        applicable State child welfare agency.

SEC. 242. POST-RELEASE SERVICES.

    (a) Required in Limited Circumstances.--
            (1) In general.--The Director may not uniformly require 
        post-release services to be in place before releasing an 
        unaccompanied noncitizen child to a sponsor.
            (2) Case management specialist determination.--The Director 
        may only require post-release services to be in place before 
        releasing an unaccompanied noncitizen child to a sponsor if, 
        after conducting an individualized assessment of the particular 
        needs of the child, the case management specialist makes a 
        determination that the child would be at risk of imminent 
        physical or emotional harm if post-release services were not in 
        place before such release.
    (b) Expansion.--The Director shall provide post-release services, 
on a voluntary basis, to unaccompanied noncitizen children, including 
by--
            (1) conducting outreach campaigns by navigators in 
        communities to ensure that children, sponsors, and families 
        understand the post-release services offered;
            (2) providing active assistance with school enrollment;
            (3) supporting sponsors in obtaining necessary medical 
        records, including vaccination and medication records, from the 
        period during which the unaccompanied noncitizen children were 
        in the custody of the Secretary;
            (4) stating that all unaccompanied children released into 
        United States communities are deemed to be ``lawfully 
        residing'' for purposes of determining eligibility for medical 
        assistance under Medicaid or child health assistance and 
        pregnancy-related assistance under the Children's Health 
        Insurance Program (CHIP) in States that have elected to cover 
        ``lawfully residing'' pregnant individuals and children under 
        sections 1903(v)(4) and 2107(e)(1)(O) of the Social Security 
        Act (42 U.S.C. 1396b(v)(4), 1397gg(e)(1)(O)), as added by 
        section 214 of the Children's Health Insurance Program 
        Reauthorization Act of 2009 (commonly referred to as the 
        ``CHIPRA 214 option'');
            (5) ensuring access to family reunification and medical 
        support services, including support and trauma-informed 
        counseling for the family and mental health counseling, through 
        direct provision of such services or through partnerships and 
        referrals to services in the community; and
            (6) ensuring that sponsors of children with special medical 
        needs receive Office of Refugee Resettlement support in 
        accessing appropriate medical care.

SEC. 243. INDIVIDUALS ATTAINING 18 YEARS OF AGE.

    (a) Presumption of Release on Recognizance.--
            (1) In general.--If an individual in the custody of the 
        Secretary of Health and Human Services is not released to a 
        sponsor before the individual attains the age of 18 years, 
        there shall be a presumption that the individual shall be 
        released on an order of recognizance.
            (2) Rebuttal.--The Secretary of Homeland Security shall 
        bear the burden of proof, by clear and convincing evidence, in 
        overcoming the presumption under paragraph (1) and in 
        demonstrating that such an individual is not eligible to be 
        released on an order of recognizance.
            (3) Alternatives to detention.--
                    (A) In general.--In the case of an individual aging 
                out of the custody of the Secretary who is not eligible 
                to be released on an order of recognizance, the 
                individual shall be eligible to participate in 
                noncustodial alternatives to detention programs 
                provided by the Department of Health and Human 
                Services, including placement with an individual, an 
                organizational sponsor, or a supervised group home with 
                supportive services to facilitate access to educational 
                and occupational opportunities.
                    (B) Placement preferences.--The categories of 
                placements available to an individual described in 
                subparagraph (A) shall be the following, in order of 
                preference:
                            (i) The least restrictive family-based 
                        setting, including long-term foster care.
                            (ii) An independent living program.
                            (iii) A childcare facility that meets the 
                        particular needs of the individual.
            (4) Continuation of services.--The Director shall ensure 
        that an individual released on an order of recognizance under 
        this subsection is provided with--
                    (A) continued access to counseling, case 
                management, legal counsel, and other support services 
                during the pendency of the individual's immigration 
                proceedings; and
                    (B) information on applying for special immigrant 
                juvenile status under section 101(a)(27)(J) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)), and resources to assist the individual 
                with applying for such status.
    (b) Post-18 Plan for Individuals Aging Out of Custody.--
            (1) In general.--The Director shall develop a post-18 plan 
        for each unaccompanied noncitizen child entering Office of 
        Refugee Resettlement custody who--
                    (A) is over the age of 17 years and 6 months; or
                    (B) is not likely to be released to a sponsor 
                before attaining 18 years of age.
            (2) Elements.--Each plan under paragraph (1) shall include 
        the following:
                    (A) An investigation into organizational sponsors 
                and social support services.
                    (B) Coordination with the Secretary of Homeland 
                Security to ensure the release of the unaccompanied 
                noncitizen child on his or her own recognizance if 
                release to an organizational or individual sponsor is 
                not successful.
    (c) Post-18 Program.--With respect to an individual in the custody 
of the Secretary who attains 18 years of age before reunification, 
placement with a sponsor, or adjudication with respect to immigration 
status, the Director may extend Office of Refugee Resettlement custody 
for a period ending not later than the date on which the individual 
attains 21 years of age, if the individual--
            (1)(A) has not been reunified but has a family member 
        available for reunification;
            (B) has an identified sponsor;
            (C) has been admitted to long-term foster care or a 
        residential treatment center; or
            (D) otherwise does not have reunification options but has 
        not yet been adjudicated with respect to immigration status by 
        a local court in the applicable jurisdiction; and
            (2) solely at his or her discretion, without coercion and 
        on the recommendation of his or her case manager, elects to 
        remain in Office of Refugee Resettlement custody in the post-18 
        program until the date on which, as applicable--
                    (A) the screening process for reunification is 
                completed and the individual is reunified with a family 
                member or placed with a sponsor; or
                    (B) the individual is adjudicated with respect to 
                immigration status in a local court in the applicable 
                jurisdiction, receives relief from removal, and enters 
                an applicable program for unaccompanied refugee minors.
    (d) Consideration Relating to U.S. Immigration and Customs 
Enforcement Custody.--In considering a sponsorship application for an 
unaccompanied noncitizen child who may attain 18 years of age in the 
custody of the Secretary, the Director shall consider the potential 
for, and impact of, trauma and the risk to the safety and well-being of 
the child if the child were to be transferred to the custody of U.S. 
Immigration and Customs Enforcement on attaining such age.
    (e) Prohibition on Detention and Removal.--An individual who was in 
the custody of the Secretary as an unaccompanied noncitizen child shall 
not be apprehended, arrested, transferred, or taken into the custody of 
U.S. Immigration and Customs Enforcement, or removed from the United 
States, based solely on having attained 18 years of age.
    (f) Continued Access to Due Process, Legal Relief, and Housing.--An 
individual who entered the United States as a child shall not lose the 
opportunity for due process and potential legal relief, or access to 
community-based housing, based solely on having attained the age of 18 
years.

SEC. 244. CUSTODY REVIEW BY OMBUDSPERSON.

    (a) In General.--If an unaccompanied noncitizen child, the legal 
counsel or prospective sponsor of such child, or the legal counsel of 
such prospective sponsor has reasonable cause to believe that the child 
should have been released, the child, the prospective sponsor, or such 
legal counsel may request an investigation by the Ombudsperson.
    (b) Notification of Lengthy Custody.--In the case of any 
unaccompanied noncitizen child who remains in the custody of the 
Secretary for 45 days or more, the Director shall--
            (1) notify the Ombudsperson of such continued custody; and
            (2) provide the Ombudsperson a complete copy of the Office 
        of Refugee Resettlement case file and a detailed explanation 
        for such continued custody.

                  TITLE III--EMERGENCIES AND INFLUXES

SEC. 301. SENSE OF CONGRESS.

    It is the sense of Congress that before opening or expanding an 
influx facility, the Secretary and the Director should explore all 
other avenues for placing an unaccompanied noncitizen child in the 
least restrictive, State-licensed setting that most approximates a 
family and in which the special needs of the child, if any, may be met 
consistent with the best interests and special needs of the child.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Emergency.--The term ``emergency'' means an event of 
        limited duration, such as a natural disaster, facility fire, 
        civil disturbance, or medical concern.
            (2) Operational capacity.--The term ``operational 
        capacity'' means the net bed capacity of Office of Refugee 
        Resettlement facilities and other housing operated by State-
        licensed programs for unaccompanied noncitizen children.

SEC. 303. PLACEMENT.

    (a) In General.--In the event of an emergency or influx that 
prevents the prompt placement of unaccompanied noncitizen children in 
childcare facilities, the Director--
            (1) shall make every effort--
                    (A) to place arriving unaccompanied noncitizen 
                children in other State-licensed programs; and
                    (B) to release unaccompanied noncitizen children 
                from other programs as expeditiously as possible; and
            (2) may not house an unaccompanied noncitizen child in an 
        influx facility or any other emergency or temporary facility 
        for more than 20 days.
    (b) Transfer to Licensed Facility.--
            (1) In general.--Except as provided in paragraph (2), in 
        the case of an unaccompanied noncitizen child for whom release 
        to a sponsor within 20 days of placement in an influx facility 
        is not possible, the Director shall transfer the child to a 
        childcare facility.
            (2) Exception.--The Director may not transfer a child under 
        paragraph (1) if the transfer would prolong the child's total 
        length of custody by more than 48 hours.
    (c) Limitation on Transfer to Influx Facility.--The Director may 
not transfer to an influx facility any unaccompanied noncitizen child--
            (1) for whom--
                    (A) a prospective sponsor has not been identified; 
                or
                    (B) such transfer would delay release by more than 
                48 hours; or
            (2) who--
                    (A) has been identified by the Director as--
                            (i) having a prospective sponsor who is not 
                        a parent, a legal guardian, or an immediate 
                        relative; or
                            (ii) not having any identified prospective 
                        sponsor;
                    (B) is younger than 16 years of age;
                    (C) is part of a sibling group in the custody of 
                the Secretary of which 1 or more siblings are younger 
                than 16 years of age;
                    (D) speaks a language other than English or Spanish 
                as his or her primary language;
                    (E) has special needs;
                    (F) is currently prescribed psychotropic 
                medication;
                    (G) is pregnant or parenting;
                    (H) will attain 18 years of age on a date that is 
                not more than 30 days after the proposed date of 
                transfer to the influx facility;
                    (I) is scheduled to be released on a date that is 
                not more than 3 days after the proposed date of the 
                transfer;
                    (J) has a pending home study;
                    (K) has not received a legal orientation 
                presentation or a legal screening;
                    (L) has a date scheduled for a hearing before an 
                immigration court or a State court, including family 
                and juvenile court;
                    (M) has a pending application for relief from 
                removal;
                    (N) has legal counsel; or
                    (O) has a child advocate.
    (d) Family Groups.--The Director shall ensure that--
            (1) unaccompanied noncitizen children with siblings or 
        other relatives under the age of 18 in the custody of the 
        Secretary are not separated from each other; and
            (2) such family groups have unlimited visitation with each 
        other in influx facilities.

SEC. 304. PLANNING FOR EMERGENCIES AND INFLUXES.

    (a) Plan Required.--Not later than 180 days after the date of the 
enactment of this Act, the Director shall develop a plan for--
            (1) maintaining and expanding emergency capacity in 
        licensed foster care homes and small congregate care facilities 
        for housing unaccompanied noncitizen children so as to 
        eliminate the need for influx facilities; and
            (2) in the case of an emergency or influx, placing 
        unaccompanied noncitizen children with sponsors as 
        expeditiously as possible.
    (b) Supplemental Placement List.--
            (1) In general.--The Director shall develop and maintain a 
        supplemental placement list of facilities that have, in the 
        aggregate, not fewer than 200 beds available to accept 
        unaccompanied noncitizen children in the case of an emergency 
        or influx, which shall be in addition to the number of beds 
        available for placements under normal circumstances.
            (2) Licensing and compliance.--Any facility on the 
        supplemental placement list shall be--
                    (A) licensed in the State in which it is located; 
                and
                    (B) in compliance with all standards and procedures 
                applicable to State-licensed programs under this Act.
            (3) Elements.--The supplemental placement list shall 
        include, for each facility, the following:
                    (A) The name of the facility.
                    (B) The number of beds available in the facility in 
                the case of an emergency or influx.
                    (C) The name and telephone number of 1 or more 
                contact persons, including a contact person for nights, 
                holidays, and weekends.
                    (D) Any limitation on categories of child the 
                facility may accept, such as age categories.
                    (E) A description of any special service available.
            (4) Appropriate community services.--To the extent 
        practicable, the Director shall attempt to include on the 
        supplemental placement list facilities located in geographic 
        areas in which culturally and linguistically appropriate 
        community services are available.
            (5) High capacity at childcare facilities.--If the 
        operational capacity of all childcare facilities and foster 
        care placements reaches or exceeds 75 percent for a period of 3 
        consecutive days, the Director shall contact the facilities on 
        the supplemental placement list to determine the number of 
        available supplemental placements.
    (c) Need for Supplemental Placements Exceeding Capacity.--If the 
number of unaccompanied noncitizen children in need of placement in the 
case of an emergency or influx exceeds the available appropriate 
placements on the supplemental placement list, the Director shall--
            (1) locate additional placements through State-licensed 
        programs and nonprofit child and family services agencies 
        providing placement services; and
            (2) expedite the reunification and release of unaccompanied 
        noncitizen children from U.S. Customs and Border Protection 
        custody.

SEC. 305. INFLUX FACILITY STANDARDS AND STAFFING.

    (a) Operation of Influx Facilities.--In the event that the 
operation of an influx facility cannot be avoided, the Director may 
operate an influx facility in accordance with this section.
    (b) Standards.--
            (1) In general.--An influx facility that does not meet the 
        standards described in this subsection may not be used to house 
        any child, and children housed at such an influx facility shall 
        be transferred out of the influx facility immediately.
            (2) First day of operation.--On the first day of operation, 
        an influx facility shall be in compliance with--
                    (A) the staffing ratio requirements, case 
                management requirements, telephone call access, legal 
                services access, education and recreation requirements, 
                and medical and mental health services requirements 
                that apply to childcare facilities; and
                    (B) the facility standards under the Prison Rape 
                Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
            (3) Within 30 days.--Not later than 30 days after the date 
        on which an influx facility commences operation, the influx 
        facility shall achieve compliance with all standards set forth 
        in title II, including State licensing standards.
    (c) Contractor Standards.--The Director may not enter into a 
contract with any entity to operate an influx facility, unless the 
entity has each of the following:
            (1) Demonstrated experience in providing services for 
        unaccompanied noncitizen children or children in foster care.
            (2) A plan for placement of children for whom no sponsor 
        has been identified.
            (3) A plan for--
                    (A) identifying, and immediately notifying the 
                Director with respect to, any child believed to have 
                been erroneously transferred to, or in care at, the 
                influx facility contrary to the limitations set forth 
                in paragraphs (1) and (2) of section 303(c); and
                    (B) not later than 10 days after identifying such a 
                child, transferring the child to an appropriate 
                placement.
            (4) An emergency plan that includes protection against 
        transmission of COVID-19 and other infectious diseases, 
        including a plan--
                    (A) to provide regular testing for any applicable 
                disease;
                    (B) to comply with service standards for quarantine 
                with respect to any such disease that mirror the 
                services and guidance for children and congregate care 
                settings recommended by the Centers for Disease Control 
                and Prevention; and
                    (C) to ensure access to immunizations for 
                unaccompanied noncitizen children in the influx 
                facility, in accordance with any applicable guidance of 
                the Centers for Disease Control and Prevention.
            (5) Emergency response protocols for placement, care, and 
        transfer of children, which reduce the amount of time a child 
        is in an emergency influx facility.
            (6) A clear organizational chart, reporting structure, and 
        contact information.
            (7) A staffing plan that includes maintaining specified 
        case manager-to-child ratios and a specified number of case 
        manager visits with a child each week.
            (8) A training plan for case managers that includes in-
        service coaching and individual support for a case manager's 
        first 30 days as an employee of the entity.
            (9) A written code of conduct that is--
                    (A) distributed to all officers, employees, and 
                volunteers; and
                    (B) contains clear boundaries for working with and 
                around children.
            (10) Written ethical standards that are--
                    (A) distributed to all officers, employees, and 
                volunteers; and
                    (B) based on accepted child welfare principles and 
                best practices.
            (11) A written security plan to protect against 
        unauthorized access to the influx facility and other potential 
        threats.
            (12) Data systems that meet the data and quality standards 
        described in section 602 for tracking children through intake, 
        case management, transportation, and placement.
    (d) Waiver.--
            (1) In general.--In the case of an influx facility, the 
        Director may waive compliance with a standard or procedure 
        under title II for a period of not more than 30 days.
            (2) Notice to congress.--If the Director waives compliance 
        with the requirement that an influx facility shall be licensed 
        by the State in which it is located, the Director shall provide 
        to Congress notice of such waiver, which shall include--
                    (A) a justification for the waiver; and
                    (B)(i) a plan for the influx facility to obtain 
                such licensing; or
                    (ii) in the case of an influx facility that will be 
                unable to obtain such licensing--
                            (I) an explanation of the reason that--
                                    (aa) licensing is not possible; and
                                    (bb) the particular influx facility 
                                was chosen and remains operationally 
                                necessary.
    (e) Reporting Mechanisms.--The Director shall establish clear 
procedures--
            (1) for unaccompanied noncitizen children at influx 
        facilities to directly and confidentially report incidents of 
        abuse or neglect at influx facilities to the Ombudsperson, 
        consulates, and State authorities; and
            (2) to allow State child protective services immediate 
        access to any influx facility to investigate any such report.
    (f) Staffing.--
            (1) Background checks.--
                    (A) In general.--The Director shall ensure that a 
                Federal Bureau of Investigation background check, and 
                in any applicable State a child abuse or neglect check, 
                has been conducted for each influx facility staff 
                member who will have direct contact with unaccompanied 
                noncitizen children.
                    (B) Timing of background checks.--The background 
                checks described in subparagraph (A) shall be completed 
                before a staff member interacts with any unaccompanied 
                noncitizen child at an influx facility.
                    (C) Prohibition.--The Director shall ensure than an 
                entity with which the Director has contracted to 
                operate an influx facility does not hire as staff of 
                the influx facility any individual who has--
                            (i) any conviction for child abuse or 
                        trafficking; or
                            (ii) a conviction that is less than 10 
                        years old the underlying offense of which would 
                        have a substantial and direct effect on the 
                        safety of unaccompanied noncitizen children.
                    (D) Submittal of evidence.--Not later than the date 
                on which an influx facility commences operation, the 
                operator of the influx facility shall submit to the 
                Director and the Ombudsperson evidence that background 
                checks in accordance with this paragraph--
                            (i) have been completed for the relevant 
                        facility staff; and
                            (ii) will be completed for all new hires 
                        going forward.
            (2) Fluency in spanish.--Each staff member of an influx 
        facility who will have contact with unaccompanied noncitizen 
        children shall--
                    (A) be fluent in Spanish and English; and
                    (B) have experience in the care of children.
            (3) Pediatric health specialists.--An influx facility shall 
        have onsite pediatric health specialists, including a 
        pediatrician, licensed psychologist, or psychiatrist who is 
        experienced in the care of children.
            (4) Ratios.--Not later than 15 days after the date on which 
        an influx facility commences operation, the Director shall 
        ensure that the influx facility maintains staffing ratios as 
        follows:
                    (A) During waking hours, not less than 1 on-duty 
                youth care worker for every 8 unaccompanied noncitizen 
                children.
                    (B) During sleeping hours, not less than 1 on-duty 
                youth care worker for every 16 unaccompanied noncitizen 
                children.

SEC. 306. MONITORING AND OVERSIGHT.

    (a) Site Visits.--
            (1) Director.--
                    (A) In general.--Not less frequently than monthly 
                during the period in which an influx facility is in 
                operation, the Director shall conduct a comprehensive 
                onsite monitoring visit.
                    (B) Elements.--Each site visit conducted under 
                subparagraph (A) shall include--
                            (i) an evaluation of the compliance of the 
                        influx facility with--
                                    (I) the standards and procedures 
                                under title II; and
                                    (II) the facility standards under 
                                the Prison Rape Elimination Act of 2003 
                                (34 U.S.C. 30301 et seq.);
                            (ii) an assessment of the delivery of, and 
                        unaccompanied noncitizen children's access to, 
                        health care and mental health care services;
                            (iii) an assessment of unaccompanied 
                        noncitizen children's access to counsel and 
                        legal services; and
                            (iv) private, confidential interviews with 
                        unaccompanied noncitizen children housed in the 
                        influx facility.
            (2) Inspector general.--The Inspector General of the 
        Department of Health and Human Services may conduct unscheduled 
        visits to any influx facility, during which the Inspector 
        General may meet confidentially with any unaccompanied 
        noncitizen child housed in the influx facility.
            (3) Ombudsperson.--Not less frequently than monthly during 
        the period in which an influx facility is in operation, the 
        Ombudsperson shall conduct a comprehensive onsite visit to 
        monitor for compliance with applicable Federal and State law 
        (including regulations), including--
                    (A) the Flores settlement agreement;
                    (B) section 235 of the William Wilberforce 
                Trafficking Victims Protection Reauthorization Act of 
                2008 (8 U.S.C. 1232); and
                    (C) this Act.
    (b) Tours by Approved Stakeholders.--Not less frequently than 
monthly during the period in which an influx facility is in operation, 
the Director shall allow approved stakeholders, including 
representatives from nonprofit organizations serving or advocating on 
behalf of unaccompanied noncitizen children, to tour the influx 
facility.

  TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN

SEC. 401. LEGAL ORIENTATION PRESENTATIONS AND LEGAL SCREENINGS.

    (a) In General.--Not later than 10 days after transfer to the 
custody of the Secretary, an unaccompanied noncitizen child shall 
receive a free legal orientation presentation and legal screening 
conducted by a legal services provider, which shall include information 
relating to--
            (1) the right to apply for relief from removal;
            (2) the right to request voluntary departure in lieu of 
        removal; and
            (3) the right to a hearing before an immigration judge.
    (b) Prioritization Before Release.--
            (1) In general.--The Director shall make affirmative, 
        thorough, and timely efforts to ensure that each unaccompanied 
        noncitizen child receives a presentation and screening 
        described in subsection (a) before release, and in the case of 
        any unaccompanied noncitizen child who does not receive such 
        presentation and screening before release, the Director shall 
        ensure that the child receives the presentation and screening 
        on release.
            (2) Rule of construction.--Nothing in this section may be 
        construed to prohibit the release of an unaccompanied 
        noncitizen child to a sponsor based solely on not having 
        received such a presentation and screening.

SEC. 402. LEGAL REPRESENTATION.

    (a) In General.--Each unaccompanied noncitizen child in the custody 
of the Secretary of Health and Human Services shall be represented by 
counsel appointed or provided by the Secretary, at Government expense, 
unless the child has obtained, at his or her own expense, counsel 
authorized to practice in immigration proceedings.
    (b) Procedure.--Representation under subsection (a) shall--
            (1) be appointed or provided by the Secretary as 
        expeditiously as possible;
            (2) extend through every stage of removal proceedings, from 
        the child's initial appearance through the termination of 
        immigration proceedings; and
            (3) include any ancillary matter appropriate to such 
        proceedings (including, to the extent practicable and as 
        appropriate, an application for employment authorization), even 
        if the child attains 18 years of age or is reunified with a 
        parent or legal guardian while the proceedings are pending.
    (c) Private, Confidential Meeting Space.--The Director shall ensure 
that unaccompanied noncitizen children are provided access to a 
private, confidential space to meet with legal services providers and a 
private, confidential telephone line to contact their legal counsel or 
legal services providers at the expense of the government.
    (d) Contact With Legal Counsel.--An unaccompanied noncitizen child 
shall be permitted to call or meet with his or her legal counsel or 
legal services provider at any time.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this section.
            (2) Funding.--Amounts made available under this section 
        shall be maintained separately from amounts designated for 
        childcare facilities.
    (f) Scope of Representation.--Government-appointed counsel 
appointed or provided by the Secretary under this section may provide 
to an unaccompanied noncitizen child the full scope of representation, 
including representation in--
            (1) any matter relevant to the child's well-being, 
        including conditions of detention and matters relating to 
        medical and mental health services and medication;
            (2) placement review hearings;
            (3) sponsorship hearings; and
            (4) any other matter relating to immigration.
    (g) Cooperation of Office of Refugee Resettlement Required.--
            (1) In general.--The Director shall ensure that the legal 
        counsel of an unaccompanied noncitizen child has access to 
        prompt, reasonable, and regular direct communication with case 
        managers, case coordinators, and Federal field specialists 
        overseeing the child's placement, release, family 
        reunification, transfer, and medical and mental health 
        services.
            (2) Requests by counsel for information.--On request by the 
        legal counsel or the independent legal services provider of an 
        unaccompanied noncitizen child, the Director shall provide, not 
        later than 7 days after the date on which the request is made, 
        the following:
                    (A) The names and telephone numbers of all 
                prospective sponsors of the unaccompanied noncitizen 
                child concerned.
                    (B) A copy of the complete Office of Refugee 
                Resettlement case file and records of the unaccompanied 
                noncitizen child concerned.

TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION 
                                 COURTS

SEC. 501. APPOINTMENT OF CHILD ADVOCATES.

    (a) In General.--The Secretary shall appoint independent child 
advocates to unaccompanied noncitizen children, including--
            (1) each vulnerable unaccompanied noncitizen child in the 
        custody of the Secretary; and
            (2) each vulnerable unaccompanied noncitizen child who has 
        been released from such custody.
    (b) Expansion of Child Advocate Services.--
            (1) In general.--The Secretary shall increase funding for 
        child advocate services to facilitate the expansion, by not 
        later than the date that is 180 days after the date of the 
        enactment of this Act, of the provision of such services to all 
        locations at which--
                    (A) unaccompanied noncitizen children in the 
                custody of the Secretary are housed; or
                    (B) unaccompanied noncitizen children appear before 
                immigration courts for removal proceedings.
            (2) Prioritization.--In expanding services under this 
        subsection, the Secretary shall prioritize locations that have 
        the highest numbers of unaccompanied noncitizen children in the 
        custody of the Secretary and unaccompanied noncitizen children 
        appearing before immigration courts.
            (3) Access to records.--
                    (A) In general.--A child advocate appointed under 
                this section shall have timely access to all materials 
                necessary to effectively advocate for the best 
                interests of the unaccompanied noncitizen child 
                concerned, including the child's complete Office of 
                Refugee Resettlement case file and records.
                    (B) Request.--On request by such a child advocate, 
                the Director shall provide a complete copy of an 
                unaccompanied noncitizen child's Office of Refugee 
                Resettlement case file and records not later than 72 
                hours after the request is made.
            (4) Best interest recommendations.--A child advocate 
        appointed under this section shall submit a best interest 
        recommendation based on law, policy, medical or behavioral 
        health, and relevant social science research to any Federal or 
        State agency making a decision with respect to the best 
        interests of an unaccompanied noncitizen child, including--
                    (A) the Department of Health and Human Services;
                    (B) the Department of Justice;
                    (C) the Department of Homeland Security; and
                    (D) a Federal, State, or Tribal court.
            (5) Confidentiality.--All communications between child 
        advocates appointed under this section and unaccompanied 
        noncitizen children shall be confidential, and such a child 
        advocate may not be compelled to testify or provide evidence, 
        in any proceeding, with respect to any information or opinion 
        conveyed to the child advocate by an unaccompanied noncitizen 
        child in the course of serving as child advocate.
            (6) Legal support.--The Secretary shall ensure that each 
        location at which child advocate services are provided under 
        this section is staffed with 1 or more attorneys who have 
        expertise in immigration law and child welfare law.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.

SEC. 502. IMMIGRATION COURT IMPROVEMENTS.

    (a) Hiring of Immigration Judges.--
            (1) In general.--To adjudicate pending cases and 
        efficiently process future cases, the Attorney General shall 
        increase the total number of immigration judges by not fewer 
        than 75 judges during fiscal year 2025.
            (2) Qualifications.--The Attorney General shall ensure that 
        each immigration judge hired under this subsection--
                    (A) is highly qualified;
                    (B) has substantial experience in the field of 
                immigration law; and
                    (C) is trained to conduct fair and impartial 
                hearings in accordance with applicable due process 
                requirements.
            (3) No preference for candidates with prior service in the 
        federal government.--In selecting immigration judges under this 
        subsection, the Attorney General may not assign any preference 
        to a candidate who has prior service in the Federal Government 
        over a candidate who has equivalent subject matter expertise 
        based on experience in a nonprofit organization, private 
        practice, or academia, but does not have previous Federal 
        service.
    (b) Immigration Court Staff.--During fiscal year 2025, the Attorney 
General shall--
            (1) increase the total number of judicial law clerks at the 
        Executive Office for Immigration Review by 75; and
            (2) increase the total number of support staff for 
        immigration judges, including legal assistants and 
        interpreters, by 300.
    (c) Support Staff; Other Resources.--The Attorney General shall 
ensure that the Executive Office for Immigration Review has sufficient 
support staff, adequate technological and security resources, and 
appropriate facilities to conduct the immigration proceedings required 
under Federal law.
    (d) Limitation.--Amounts appropriated for the Executive Office for 
Immigration Review or for any other division, activity, or function of 
the Department of Justice may not be used to implement numeric case 
load judicial performance standards or other standards that could 
negatively impact the fair administration of justice by the immigration 
courts.
    (e) Docket Management for Resource Conservation.--Notwithstanding 
any opposition from the Secretary of Homeland Security or the Attorney 
General, immigration judges shall administratively close or terminate 
cases, and the Board of Immigration Appeals shall remand cases for 
administrative closure, if an individual in removal proceedings--
            (1) appears to be prima facie eligible for a visa or any 
        other immigration benefit; and
            (2) has a pending application for such benefit before U.S. 
        Citizenship and Immigration Services or any other applicable 
        Federal agency.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

            TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT

SEC. 601. OFFICE OF THE OMBUDSPERSON FOR UNACCOMPANIED NONCITIZEN 
              CHILDREN IN IMMIGRATION CUSTODY.

    (a) Establishment.--There is established within the Department of 
Health and Human Services an Office of the Ombudsperson for 
Unaccompanied Noncitizen Children (referred to in this section as the 
``Office'') to monitor and oversee compliance with this Act and the 
amendments made by this Act.
    (b) Independence.--The Office shall be an impartial, confidential 
resource that is fully independent of--
            (1) the Office of Refugee Resettlement; and
            (2) the Department of Homeland Security.
    (c) Ombudsperson.--
            (1) In general.--The Office shall be headed by an 
        Ombudsperson, who shall be appointed by, and report directly 
        to, the Secretary.
            (2) Recommendations from stakeholders.--Before making an 
        appointment under paragraph (1), the Secretary shall solicit 
        and consider candidate recommendations from organizations that 
        provide legal services to, and advocate on behalf of, immigrant 
        children.
            (3) Limitation on certain former employees.--The Secretary 
        may not appoint as Ombudsperson any individual who, during the 
        2-year period preceding the date of appointment, was an 
        employee of the Office of Refugee Resettlement or the 
        Department of Homeland Security.
            (4) Term.--
                    (A) In general.--Subject to subparagraph (C), the 
                term of an Ombudsperson appointed under this subsection 
                shall be not more than 4 years.
                    (B) Consecutive terms.--An Ombudsperson may be 
                appointed for consecutive terms.
                    (C) Expiration.--The term of an Ombudsperson shall 
                not expire before the date on which the Ombudsperson's 
                successor is appointed.
            (5) Removal for cause.--The Secretary may only remove or 
        suspend an Ombudsperson for neglect of duty or gross 
        misconduct.
            (6) Duties and authorities.--
                    (A) Regional offices.--
                            (i) Establishment.--The Ombudsperson shall 
                        establish not fewer than 7 regional offices of 
                        the Office--
                                    (I) to strengthen State oversight;
                                    (II) to investigate complaints;
                                    (III) to coordinate with State 
                                licensing entities; and
                                    (IV) to identify and address 
                                differences among State child 
                                protection laws.
                            (ii) Locations.--
                                    (I) In general.--The regional 
                                offices required under clause (i) shall 
                                be established in the following 
                                locations:
                                            (aa) 1 regional office in 
                                        Texas.
                                            (bb) 1 regional office in 
                                        Arizona.
                                            (cc) 1 regional office in 
                                        California or a State in the 
                                        Northwest.
                                            (dd) 1 regional office in a 
                                        State in the Midwest.
                                            (ee) 1 regional office in a 
                                        State in the Mid-Atlantic.
                                            (ff) 1 regional office in a 
                                        State in the Northeast.
                                            (gg) 1 regional office in a 
                                        State in the Southeast.
                                    (II) Additional locations.--The 
                                Ombudsperson may make a recommendation 
                                to the Secretary with respect to the 
                                location of any additional regional 
                                office.
                            (iii) Appointment of deputies.--The 
                        Ombudsperson shall appoint a full-time deputy 
                        for each regional office, who shall serve at 
                        the Ombudsperson's discretion.
                            (iv) Applicability of other provisions.--
                        The regional offices established under this 
                        subparagraph shall have the same access to 
                        facilities and records, maintain the same 
                        rights, roles, and responsibilities, and be 
                        subject to the same confidentiality 
                        requirements as the Office.
                    (B) Hiring.--
                            (i) In general.--The Ombudsperson shall 
                        hire to carry out the functions of the Office 
                        necessary personnel, including clerical 
                        personnel, who shall serve at the discretion of 
                        the Ombudsperson.
                            (ii) Subject matter experts.--The personnel 
                        hired under clause (i) shall include relevant 
                        subject matter experts, including--
                                    (I) legal advocates or specialists 
                                in the fields of child and family 
                                welfare, immigration, and human rights;
                                    (II) pediatricians;
                                    (III) child and adolescent 
                                psychiatrists and psychologists;
                                    (IV) social workers;
                                    (V) data analysts with demonstrable 
                                expertise in child welfare or 
                                immigration; and
                                    (VI) youth or young adults with 
                                experience as noncitizen children in 
                                immigration custody.
                    (C) Monitoring.--
                            (i) In general.--The Ombudsperson shall 
                        monitor, including by making site visits, for 
                        compliance with all applicable law and 
                        standards relating to noncitizen children in 
                        immigration custody.
                            (ii) Influx facilities.--The Ombudsperson 
                        shall conduct site visits of influx facilities, 
                        as described in section 306.
                    (D) Investigations.--
                            (i) In general.--The Ombudsperson--
                                    (I) may conduct any investigation 
                                relating to noncitizen children in 
                                immigration custody the Ombudsperson 
                                considers necessary; and
                                    (II) shall investigate--
                                            (aa) claims of abuse, 
                                        neglect, or mistreatment of 
                                        noncitizen children by the 
                                        Government or any other entity 
                                        while in immigration custody; 
                                        and
                                            (bb) complaints made 
                                        against foster care providers, 
                                        including in the case of such a 
                                        provider that is subject to 
                                        State oversight.
                            (ii) Timeline.--The Ombudsperson shall 
                        commence an investigation under clause (i)(II) 
                        not later than 30 days after the date on which 
                        a claim or complaint described in that clause 
                        is received.
                            (iii) Reporting of state licensing 
                        violations.--If in the course of an 
                        investigation under clause (i)(II)(bb) the 
                        Ombudsperson discovers a State licensing 
                        violation, the Ombudsperson shall report the 
                        violation to the child welfare licensing agency 
                        of the applicable State.
                            (iv) Procedures.--The Ombudsperson shall 
                        establish a procedure for conducting 
                        investigations, receiving and processing 
                        complaints, and reporting findings.
                            (v) Notification.--
                                    (I) Commencement of 
                                investigation.--If the Ombudsperson 
                                decides to commence an investigation 
                                based on a complaint received, not 
                                later than 45 days after the date on 
                                which the investigation commences, the 
                                Ombudsperson shall so notify the 
                                complainant.
                                    (II) Decision not to investigate or 
                                to discontinue investigation.--If the 
                                Ombudsperson decides not to investigate 
                                a complaint or to discontinue an 
                                investigation commenced under this 
                                subparagraph, not later than 45 days 
                                after the date on which such an action 
                                is taken, the Ombudsperson shall notify 
                                the complainant and provide a reason 
                                for such action.
                                    (III) Progress and results.--The 
                                Ombudsperson shall provide a 
                                complainant with updates on the 
                                progress of an investigation and shall 
                                notify the complainant of the results 
                                of the investigation.
                            (vi) Confidentiality.--
                                    (I) In general.--All information 
                                obtained by the Ombudsperson from a 
                                complaint shall be confidential under 
                                applicable Federal and State 
                                confidentiality law, regardless of 
                                whether the Ombudsperson--
                                            (aa) investigates the 
                                        complaint;
                                            (bb) refers the complaint 
                                        to any other entity for 
                                        investigation; or
                                            (cc) determines that the 
                                        complaint is not a proper 
                                        subject for an investigation.
                                    (II) Disclosure.--Disclosure of any 
                                such information may only occur as 
                                necessary to carry out the mission of 
                                the Office and as permitted by law.
                    (E) Reporting mechanisms.--
                            (i) In general.--The Ombudsperson shall 
                        establish and maintain--
                                    (I) a public toll-free telephone 
                                number to receive complaints and 
                                reports of matters for investigation; 
                                and
                                    (II) a public email address to 
                                receive complaints, such reports, and 
                                requests for review of placement and 
                                sponsorship decisions.
                            (ii) Availability.--
                                    (I) In general.--The Ombudsperson 
                                shall ensure that such telephone number 
                                and email address--
                                            (aa) are made available, 
                                        and a telephone is accessible, 
                                        to all children in immigration 
                                        custody; and
                                            (bb) are made available to 
                                        prospective sponsors, sponsors, 
                                        Flores settlement agreement 
                                        class counsel, and legal 
                                        services providers and child 
                                        advocates who serve such 
                                        noncitizen children.
                                    (II) Sponsorship applications.--The 
                                Director shall provide such telephone 
                                number and email address to the 
                                prospective sponsor of each 
                                unaccompanied noncitizen child.
                            (iii) Language access.--
                                    (I) In general.--Such telephone 
                                number and email address shall be 
                                posted in public areas of each facility 
                                or placement in which 1 or more 
                                children in immigration custody are 
                                held, in multiple languages, including 
                                the top 20 preferred languages.
                                    (II) Additional languages.--The 
                                Ombudsperson may require that such 
                                contact information be made available 
                                and posted in any additional language 
                                the Ombudsperson considers necessary 
                                based on the demographics of arriving 
                                noncitizen children.
                    (F) Hearings.--The Ombudsperson may hold public 
                hearings as the Ombudsperson considers necessary.
                    (G) Individual case assistance and review.--
                            (i) In general.--The Ombudsperson may offer 
                        individual case assistance for noncitizen 
                        children in immigration custody.
                            (ii) Communication with others.--In 
                        providing such individual case assistance, the 
                        Ombudsperson may speak with a noncitizen 
                        child's prospective sponsor, family members, 
                        child advocate, legal counsel, case manager, 
                        case coordinator, and Office of Refugee 
                        Resettlement Federal field specialist staffing 
                        the noncitizen child's case, as applicable.
                    (H) Stakeholder meetings.--
                            (i) Community stakeholders.--Not less 
                        frequently than quarterly, the Ombudsperson 
                        shall invite community stakeholders, including 
                        attorneys who represent noncitizen children in 
                        immigration custody, to participate in a 
                        meeting.
                            (ii) Data tracking personnel.--Not less 
                        frequently than quarterly, the Ombudsperson 
                        shall invite personnel of the Department of 
                        Homeland Security and the Department of Health 
                        and Human Services who manage the data tracking 
                        systems described in section 602 to participate 
                        in a meeting for the purpose of informing the 
                        Ombudsperson with respect to the efficacy and 
                        responsiveness of the system with empirical 
                        data, analysis, and data needs.
                            (iii) Additional meetings.--The 
                        Ombudsperson may convene additional meetings at 
                        any time, as the Ombudsperson considers 
                        necessary.
                    (I) Reporting.--
                            (i) Annual public report.--
                                    (I) In general.--Not less 
                                frequently than annually, the 
                                Ombudsperson shall issue a public 
                                report on the implementation of and 
                                compliance with this Act and the 
                                amendments made by this Act, by the 
                                Secretary and the Secretary of Homeland 
                                Security.
                                    (II) Elements.--Each report under 
                                subclause (I) shall include the 
                                following:
                                            (aa) For the preceding 
                                        fiscal year, the 
                                        accomplishments and challenges 
                                        relating to such implementation 
                                        and compliance.
                                            (bb) A summary of 
                                        complaints made and 
                                        investigations carried out 
                                        during the preceding fiscal 
                                        year, including--

                                                    (AA) the number of 
                                                complaints and number 
                                                and nature of other 
                                                contacts;

                                                    (BB) the number of 
                                                complaints made, 
                                                including the type and 
                                                source;

                                                    (CC) the number of 
                                                investigations carried 
                                                out;

                                                    (DD) the trends and 
                                                issues that arose in 
                                                the course of 
                                                investigating 
                                                complaints; and

                                                    (EE) the number of 
                                                pending complaints.

                                            (cc) For the preceding 
                                        fiscal year, a summary of--

                                                    (AA) each site 
                                                visit conducted;

                                                    (BB) any interview 
                                                with a noncitizen child 
                                                or facility staff;

                                                    (CC) facility 
                                                audits and corrective 
                                                actions taken or 
                                                recommended;

                                                    (DD) appeals made 
                                                to the Ombudsperson; 
                                                and

                                                    (EE) any other 
                                                information the 
                                                Ombudsperson considers 
                                                relevant.

                                            (dd) A detailed analysis of 
                                        the data collected under 
                                        section 602.
                                            (ee) Recommendations--

                                                    (AA) for improving 
                                                implementation and 
                                                compliance with this 
                                                Act and the amendments 
                                                made by this Act; and

                                                    (BB) as to whether 
                                                the Director should 
                                                renew or cancel 
                                                contracts with 
                                                particular Office of 
                                                Refugee Resettlement 
                                                grantees.

                                            (ff) A description of the 
                                        priorities for the subsequent 
                                        fiscal year.
                            (ii) Report on training materials.--The 
                        Ombudsperson shall issue a public report on the 
                        training materials developed by the Director 
                        under section 203(d)(4) that includes a 
                        description of any concerns the Ombudsperson 
                        has with respect to the materials.
                            (iii) Additional reports.--The Ombudsperson 
                        may issue additional reports at any time, 
                        including data analyses and findings, as the 
                        Ombudsperson considers necessary.
                    (J) Information gathering.--
                            (i) In general.--The Ombudsperson may 
                        submit to the Director, the Director of U.S. 
                        Immigration and Customs Enforcement, and the 
                        juvenile coordinators of U.S. Customs and 
                        Border Protection requests for information with 
                        respect to the implementation of this Act.
                            (ii) Response required.--Not later than 30 
                        days after the date on which a juvenile 
                        coordinator receives a request for information 
                        under clause (i), the juvenile coordinator 
                        shall submit a detailed response to the 
                        Ombudsperson, the Director, the Director of 
                        U.S. Immigration and Customs Enforcement, and 
                        the Commissioner of U.S. Customs and Border 
                        Protection.
                            (iii) Cooperation required.--The Secretary 
                        and the Secretary of Homeland Security shall--
                                    (I) cooperate with any request for 
                                information by the Ombudsperson; and
                                    (II) report to the Ombudsperson any 
                                policy or instruction issued to 
                                employees regarding the implementation 
                                of this Act.
                    (K) Subpoena authority.--
                            (i) In general.--The Ombudsperson may--
                                    (I) issue a subpoena to require the 
                                production of all information, reports, 
                                and other documentary evidence 
                                necessary to carry out the duties of 
                                the Ombudsperson; and
                                    (II) compel by subpoena, at a 
                                specified time and place--
                                            (aa) the appearance and 
                                        sworn testimony of an 
                                        individual who the Ombudsperson 
                                        reasonably believes may be able 
                                        to provide information relating 
                                        to a matter under 
                                        investigation; and
                                            (bb) the production by an 
                                        individual of a record of an 
                                        object that the Ombudsperson 
                                        reasonably believes may relate 
                                        to a matter under 
                                        investigation.
                            (ii) Effect of failure to comply.--In the 
                        case of an individual who fails to comply with 
                        a subpoena issued under this subparagraph, the 
                        Ombudsperson may commence a civil action in an 
                        appropriate court.
                    (L) Additional duties.--The Ombudsperson shall--
                            (i) develop notices of rights, as described 
                        in sections 105(d)(5) and 202;
                            (ii) review training materials, as 
                        described in section 203(d)(4);
                            (iii) conduct reviews of decisions in 
                        placement review hearings, as described in 
                        section 226(b)(6);
                            (iv) conduct reviews of decisions in 
                        sponsorship hearings, as described in section 
                        232(b)(3)(H);
                            (v) regularly review data collected under 
                        section 602; and
                            (vi) track and monitor processing times and 
                        length of custody for noncitizen children in 
                        immigration custody.
    (d) Access.--
            (1) Facilities.--
                    (A) In general.--The Secretary and the Secretary of 
                Homeland Security shall ensure unobstructed access by 
                the Ombudsperson to any facility at which a noncitizen 
                child is detained.
                    (B) Information collection for site visits.--For 
                each site visit conducted by the Ombudsperson, facility 
                staff shall provide a list of the unaccompanied 
                noncitizen children housed in the facility, including 
                their names, alien registration numbers, dates of 
                birth, dates of apprehension, and the dates of facility 
                placement--
                            (i) in the case of an announced site visit, 
                        not less than 48 hours before the arrival of 
                        the Ombudsperson; and
                            (ii) in the case of an unannounced site 
                        visit, on the arrival of the Ombudsperson.
                    (C) Private and confidential space.--A facility 
                shall provide a private and confidential space in which 
                the Ombudsperson may interview unaccompanied noncitizen 
                children and staff.
                    (D) Delegation.--The Ombudsperson may designate 1 
                or more individuals from outside the Ombudperson's 
                office to conduct site visits and interview detained 
                children.
            (2) Information.--On request by the Ombudsperson, the 
        Secretary shall ensure, not later than 48 hours after receipt 
        of the request, unobstructed access by the Ombudsperson to--
                    (A) the case files, records, reports, audits, 
                documents, papers, recommendations, or any other 
                pertinent information relating to the care and custody 
                of a noncitizen child; and
                    (B) the written policies and procedures of all 
                childcare facilities.
            (3) Definition of unobstructed access.--In this subsection, 
        the term ``unobstructed access'' means--
                    (A) with respect to a facility, the ability--
                            (i) to enter the facility at any time, 
                        including unannounced, to observe and inspect 
                        all areas of the facility;
                            (ii) to communicate privately and without 
                        restriction with any child, caregiver, facility 
                        staff, or volunteer; and
                            (iii) to obtain, review, and reproduce 
                        any--
                                    (I) record of a child, staff 
                                member, or caregiver;
                                    (II) administrative record, policy, 
                                or document of any facility;
                                    (III) licensing record maintained 
                                by the applicable Federal or State 
                                agency; or
                                    (IV) record, including a 
                                confidential record, of a Federal or 
                                State agency or any contractor of a 
                                Federal or State agency, except sealed 
                                court records, production of which may 
                                only be compelled by subpoena; and
                    (B) with respect to information, the ability to 
                obtain requested information in a timely manner and 
                with the full cooperation of the Secretary or the 
                Secretary of Homeland Security, as applicable.
    (e) Confidentiality.--
            (1) Identity of complainants and witnesses.--The 
        Ombudsperson shall maintain confidentiality with respect to the 
        identities of complainants or witnesses coming before the 
        Office, except if such a disclosure is necessary--
                    (A) to carry out the duties of the Ombudsperson; 
                and
                    (B) to support recommendations made in individual 
                cases, annual reports, or other reports.
            (2) Records.--In accordance with relevant Federal and State 
        law, the Ombudsperson may not disclose a confidential record.
            (3) Testimony and deposition.--The Ombudsperson and 
        employees of the Office may not testify or be deposed in a 
        judicial or administrative proceeding regarding matters that 
        have come to their attention in the exercise of their official 
        duties, except as the Ombudsperson considers necessary to 
        enforce this Act or the amendments made by this Act.
            (4) Subpoena and discovery.--The records of the Office, 
        including notes, drafts, and records obtained from an 
        individual, a provider, or an agency during intake, review, or 
        investigation of a complaint, and any reports not released to 
        the public are not subject to disclosure or production in 
        response to a subpoena or discovery in a judicial or 
        administrative proceeding, except as the Ombudsperson considers 
        necessary to enforce this Act or the amendments made by this 
        Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 602. DATA COLLECTION AND REPORTING.

    (a) Department of Homeland Security.--
            (1) In general.--The Secretary of Homeland Security shall 
        collect and maintain a record of each noncitizen child held in 
        the custody of the Secretary of Homeland Security.
            (2) Frequency and submission of data collected.--
                    (A) In general.--Not less frequently than weekly, 
                the Secretary of Homeland Security shall--
                            (i) collect the information described in 
                        paragraph (3) from each district office and 
                        Border Patrol station; and
                            (ii) submit such data to--
                                    (I) the Ombudsperson; and
                                    (II) the Committee on the Judiciary 
                                and the Committee on Appropriations of 
                                the Senate and the Committee on the 
                                Judiciary and the Committee on 
                                Appropriations of the House of 
                                Representatives.
            (3) Information described.--The information described in 
        this paragraph is the following:
                    (A) Individual data.--For each noncitizen child in 
                the custody of the Secretary of Homeland Security, the 
                following:
                            (i) Biographical information, including 
                        full name, date of birth, country of 
                        citizenship, preferred language, and alien 
                        number.
                            (ii) The date the child was apprehended and 
                        placed in such custody.
                            (iii) The date and the time the child was 
                        released or transferred from such custody and 
                        to whom the child was so released or 
                        transferred.
                            (iv) For each accompanying family member of 
                        the child or other adult the child identifies 
                        as a previous caregiver, biographical and 
                        contact information.
                            (v) An indication as to whether the child 
                        arrived in the company of a family member other 
                        than a parent or legal guardian, and in the 
                        case of a separation from that family member, a 
                        justification for the separation.
                    (B) Aggregated data.--
                            (i) The number of children in the custody 
                        of the Secretary of Homeland Security as of the 
                        last day of each calendar month, calculated to 
                        include all such children, disaggregated by--
                                    (I) facility; and
                                    (II) Border Patrol sector.
                            (ii) The largest number of children 
                        concurrently held in such custody, calculated 
                        to include all such children, and the 1 or more 
                        dates on which such largest number occurred, 
                        disaggregated by--
                                    (I) facility; and
                                    (II) Border Patrol sector.
                            (iii) The median and average number of 
                        hours in such custody for each such child, 
                        calculated to include all such children, 
                        disaggregated by--
                                    (I) facility; and
                                    (II) Border Patrol sector.
            (4) Publication.--Not less frequently than monthly, the 
        Secretary of Homeland Security shall publish on a publicly 
        accessible internet website of the Department of Homeland 
        Security the following:
                    (A) The figures for the data collected under 
                paragraph (3)(B)(i).
                    (B) For the preceding calendar month, the figures 
                for the data collected under clauses (ii) and (iii) of 
                paragraph (3)(B).
    (b) Office of Refugee Resettlement.--
            (1) In general.--To support the data collection and 
        monitoring duties of the Ombudsperson and to facilitate public 
        monitoring, the Director shall--
                    (A) develop a systemic data collection system to 
                collect and maintain relevant demographic information 
                that is pertinent to serving--
                            (i) the population of unaccompanied 
                        noncitizen children in the custody of the 
                        Secretary of Health and Human Services; and
                            (ii) children who have been released from 
                        such custody with services pending;
                    (B) not less than every 3 years, review the data 
                collected, the categorization of such data, the 
                information architecture for organizing and analyzing 
                such data, any safety concern relating to the 
                collection of such data, and the method for obtaining 
                or collecting such data under such system;
                    (C)(i) as appropriate, revise such system to make 
                improvements in service delivery to unaccompanied 
                noncitizen children; and
                    (ii) if such system is so revised, ensure the 
                continuity of comparative data from periods before and 
                after the revision; and
                    (D) ensure the ongoing functioning and use of such 
                system by the Office of Refugee Resettlement.
            (2) Frequency of data collected.--Not less frequently than 
        weekly, the Director shall--
                    (A) collect from each childcare facility the 
                information described in paragraph (3); and
                    (B) maintain such information in the system 
                described in paragraph (1)(A).
            (3) Information described.--The information described in 
        this paragraph is the following:
                    (A) Individual data.--For each unaccompanied 
                noncitizen child in the custody of the Secretary of 
                Homeland Security--
                            (i) biographical information, including 
                        full name, date of birth, country of 
                        citizenship, preferred language, and alien 
                        number;
                            (ii) the date the child was apprehended and 
                        placed in such custody of the Secretary of 
                        Homeland Security;
                            (iii) the date the child was placed in the 
                        custody of the Secretary of Health and Human 
                        Services;
                            (iv) the date on which the child was placed 
                        in a childcare facility, or transferred between 
                        childcare facilities, as applicable, and the 
                        name and location of each childcare facility;
                            (v) in the case of a child placed in a 
                        residential treatment center, therapeutic 
                        childcare facility, staff-secure facility, or 
                        out-of-network facility, a justification for 
                        such placement;
                            (vi) the status of the child's family 
                        reunification process, including--
                                    (I) a record of the 1 or more case 
                                managers who have worked on the child's 
                                case, including a description of the 
                                work performed;
                                    (II) in the case of a child who is 
                                released or discharged from the custody 
                                of the Secretary of Health and Human 
                                Services--
                                            (aa) the date of release or 
                                        discharge;
                                            (bb) the name of the 
                                        individual to whom the child 
                                        was released, as applicable; 
                                        and
                                            (cc) the reason for release 
                                        or discharge; and
                                    (III) in the case of a child 
                                removed from the United States, the 
                                date of removal and the country to 
                                which he or she was removed, regardless 
                                of whether a child was removed directly 
                                from the custody of the Secretary of 
                                Health and Human Services; and
                            (vii) the number of occasions on which the 
                        operator of a childcare facility or an influx 
                        facility contacted law enforcement with respect 
                        to the child, as applicable, and the 
                        justification for each such contact.
                    (B) Facility data.--For each childcare facility or 
                influx facility funded by the Department of Health and 
                Human Services--
                            (i) the median length of stay for 
                        unaccompanied noncitizen children placed at the 
                        facility;
                            (ii) for children who have been released to 
                        sponsors, the median amount of time spent by 
                        such children in the custody of the Secretary 
                        of Health and Human Services before release;
                            (iii) the utilization rate of the facility 
                        (excluding funded but unplaceable beds and 
                        calculated as the number of filled beds divided 
                        by the number of beds available for placement, 
                        expressed as a percentage);
                            (iv) the percentage of unaccompanied 
                        noncitizen children transferred from the 
                        facility to any other facility, calculated on a 
                        rolling basis; and
                            (v) the number and type of child abuse or 
                        neglect allegations against facility staff or 
                        against other children in the facility, and the 
                        number of such allegations substantiated.
                    (C) National capacity data.--
                            (i) In general.--For all childcare 
                        facilities and influx facilities, in the 
                        aggregate--
                                    (I) the number of pending beds; and
                                    (II) the number of delivered beds, 
                                disaggregated by--
                                            (aa) beds occupied by 
                                        unaccompanied noncitizen 
                                        children;
                                            (bb) unoccupied beds 
                                        available for potential use by 
                                        unaccompanied noncitizen 
                                        children; and
                                            (cc) unavailable beds that 
                                        are funded but cannot receive 
                                        children.
                            (ii) Definitions.--In this subparagraph:
                                    (I) Delivered bed.--The term 
                                ``delivered bed'' means a bed delivered 
                                to the Department of Health and Human 
                                Services for use by an unaccompanied 
                                noncitizen child.
                                    (II) Pending bed.--The term 
                                ``pending bed'' means a bed--
                                            (aa) to be provided to the 
                                        Department of Health and Human 
                                        Services for use by an 
                                        unaccompanied noncitizen child 
                                        that is funded by a grant, 
                                        cooperative agreement, 
                                        contract, or any other means; 
                                        but
                                            (bb) that is not yet a 
                                        delivered bed.
                    (D) Family reunification data.--For all 
                unaccompanied noncitizen children in the custody of the 
                Secretary of Health and Human Services--
                            (i) the median time-to-release, 
                        disaggregated by--
                                    (I) children released to parents or 
                                legal guardians;
                                    (II) children released to other 
                                sponsors;
                                    (III) children who have home 
                                studies mandated by section 235 of the 
                                Trafficking Victims Protection 
                                Reauthorization Act of 2008 (8 U.S.C. 
                                1232);
                                    (IV) children granted home studies 
                                through the discretion of the Director; 
                                and
                                    (V) all other children; and
                            (ii) the number of children who have been 
                        in such custody for more than 90 days, 
                        disaggregated by--
                                    (I) children placed in therapeutic 
                                foster care;
                                    (II) children placed in long-term 
                                foster care; and
                                    (III) children in placements that 
                                are not therapeutic foster care or 
                                long-term foster care.
                    (E) Comprehensive national data.--
                            (i) The number and characteristics of 
                        children placed in and exiting the custody of 
                        the Secretary of Health and Human Services.
                            (ii) The status of the unaccompanied 
                        noncitizen child population, including the 
                        number of such children in such custody, age 
                        cohorts of such children, length of placements, 
                        types of placements, location in-network or 
                        out-of-network, and goals for reunification by 
                        sponsor or placement type.
                            (iii) The number and percentage of 
                        unaccompanied noncitizen children designated 
                        for and receiving any of the following:
                                    (I) Mandatory home studies.
                                    (II) Discretionary home studies.
                                    (III) Post-release services.
                            (iv) The number and percentage of 
                        unaccompanied noncitizen children held in a 
                        facility funded by the Office of Refugee 
                        Resettlement with more than 25 other 
                        unaccompanied noncitizen children.
                            (v) The number and percentage of 
                        unaccompanied noncitizen children with special 
                        needs or disabilities (as defined in section 3 
                        of the Americans with Disabilities Act of 1990 
                        (42 U.S.C. 12102)).
                            (vi) For each type of childcare facility 
                        and each influx facility--
                                    (I) the average national case 
                                manager-to-child ratio; and
                                    (II) the national utilization rate 
                                (excluding funded but unplaceable beds 
                                and calculated as the number of filled 
                                beds divided by the number of beds 
                                available for placement, expressed as a 
                                percentage).
                            (vii) The number of such facilities alleged 
                        and found to be out of compliance with the 
                        facility standards under the Prison Rape 
                        Elimination Act of 2003 (34 U.S.C. 30301 et 
                        seq.).
                            (viii) The number and types of violations 
                        for sexual abuse and exploitation alleged and 
                        resolved with respect to unaccompanied 
                        noncitizen children while in the custody of the 
                        Secretary of Health and Human Services, counted 
                        and categorized in accordance with the Prison 
                        Rape Elimination Act of 2003 (34 U.S.C. 30301 
                        et seq.).
                            (ix) The rate of compliance with 
                        subparagraphs (A) and (B) of section 231(a)(2).
                    (F) Further population and general characteristics 
                data.--
                            (i) In general.--
                                    (I) The general status and 
                                characteristics of the population of 
                                unaccompanied noncitizen children and 
                                their family members.
                                    (II) The general quality and speed 
                                of the placement process, and 
                                information on post-placement outcomes.
                                    (III) Barriers to release for such 
                                children, including relevant cross-
                                tabulations with other collected data.
                                    (IV) An identification of children 
                                who are vulnerable to or victims of 
                                human trafficking.
                                    (V) The general status and 
                                characteristics of facilities funded by 
                                the Office of Refugee Resettlement for 
                                the purpose of the care of 
                                unaccompanied noncitizen children.
                                    (VI) The rate of increase or 
                                decrease in childcare facility usage, 
                                such that cross-facility comparisons 
                                are useful or systemwide seasonal 
                                variations may be anticipated.
                                    (VII) Aggregate measures that allow 
                                comparison between facilities by size, 
                                placement type, and any other 
                                appropriate factor of number and type 
                                of child abuse or neglect allegations 
                                against staff or against other 
                                children.
                            (ii) Collection standards.--The Director 
                        shall develop and implement standards for the 
                        collection of the information described in 
                        clause (i).
            (4) Submission of data and information.--Not less 
        frequently than weekly, the Director shall submit, in a manner 
        that corresponds with publication under paragraph (6), the 
        information described in paragraph (3) for the preceding week 
        to--
                    (A) the Ombudsperson; and
                    (B) the Committee on the Judiciary and the 
                Committee on Appropriations of the Senate and the 
                Committee on the Judiciary and the Committee on 
                Appropriations of the House of Representatives.
            (5) Additional requirements.--
                    (A) Reliability and consistency of data collection 
                system.--The data collection system developed and 
                implemented under paragraph (1) shall--
                            (i) ensure that--
                                    (I) data collected is reliable and 
                                consistent over time and among 
                                jurisdictions through the use of 
                                uniform definitions and methodologies; 
                                and
                                    (II) publicly available data 
                                remains reliable and consistent over 
                                time, unless--
                                            (aa) the removal of data 
                                        from the public domain protects 
                                        individuals or groups of 
                                        individuals from harm or 
                                        potential harm; or
                                            (bb) a modification to a 
                                        definition or methodology is 
                                        necessary to allow the Office 
                                        of Refugee Resettlement to 
                                        serve unaccompanied noncitizen 
                                        children better, individually 
                                        or as a group; and
                            (ii) for the information described in 
                        paragraph (3)(F), include metadata with respect 
                        to whether, and in what form, such information 
                        may be made available to the public, with the 
                        presumption that information shall be made 
                        available to the public--
                                    (I) in the least restricted form 
                                that protects individual privacy; and
                                    (II) on the same internet website 
                                used for publication under paragraph 
                                (6).
                    (B) Incentives.--The Director shall use appropriate 
                requirements and incentives to ensure that the data 
                collection system developed and implemented under 
                paragraph (1) functions reliably throughout the United 
                States.
            (6) Publication.--
                    (A) Monthly report.--
                            (i) In general.--Not less frequently than 
                        monthly, the Director shall publish on a 
                        publicly accessible internet website of the 
                        Office of Refugee Resettlement the following:
                                    (I) As of the last day of the 
                                preceding calendar month, the figures 
                                for the data collected under 
                                subparagraphs (C), (D)(ii), and (E)(ii) 
                                of paragraph (3).
                                    (II) For each calendar month, the 
                                figures for the data collected under 
                                subparagraphs (D)(i), (E)(i), (E)(v), 
                                and (E)(vi) of paragraph (3).
                                    (III) If an influx facility, an 
                                emergency facility, or any other 
                                unlicensed facility is in operation to 
                                house noncitizen children, the figures 
                                for the data collected under paragraph 
                                (3)(E)(ix) and any other data required 
                                to ensure oversight and transparency 
                                under section 306.
                                    (IV) The data and measures 
                                described in paragraph (3)(F) for which 
                                new or continuing publication is--
                                            (aa) in the public 
                                        interest; or
                                            (bb) required under 
                                        paragraph (5)(A).
                                    (V) A description of any change 
                                between the information reported under 
                                subclauses (I) through (IV) for the 
                                reporting period and such information 
                                reported for the preceding reporting 
                                period.
                            (ii) Aggregation of data.--The information 
                        published under clause (i) shall be aggregated 
                        so as to facilitate uniform monthly reporting.
                    (B) Annual report.--
                            (i) In general.--Not less frequently than 
                        annually, the Director shall publish on a 
                        publicly accessible internet website of the 
                        Office of Refugee Resettlement the following:
                                    (I) As of the last day of each 
                                fiscal year, the figures for the data 
                                collected under subparagraphs (E)(iii), 
                                (E)(v), (E)(vii), and (E)(viii) of 
                                paragraph (3).
                                    (II) The data and measures 
                                described in paragraph (3)(F) for which 
                                new or continuing publication is--
                                            (aa) in the public 
                                        interest; or
                                            (bb) required under 
                                        paragraph (5)(A).
                                    (III) A description of any change 
                                between the information reported under 
                                subclauses (I) and (II) for the 
                                reporting period and such information 
                                reported for the preceding reporting 
                                period.
                            (ii) Aggregation of data.--The information 
                        published under clause (i) shall be aggregated 
                        so as to facilitate uniform annual reporting.
    (c) Ombudsperson Review of Data.--The Secretary of Health and Human 
Services and the Secretary of Homeland Security shall--
            (1) ensure that the Ombudsperson--
                    (A) has access to all real-time data regarding 
                noncitizen children in immigration custody; and
                    (B) is able to independently and regularly review 
                data collected by the Department of Health and Human 
                Services and Department of Homeland Security with 
                respect to such children;
            (2) respond in a timely manner to inquiries from the 
        Ombudsperson with respect to such data; and
            (3) promptly take any necessary corrective action with 
        respect to the accuracy and integrity of such data.

SEC. 603. ENFORCEMENT.

    (a) Audits.--
            (1) In general.--Not less frequently than annually, the 
        Director shall conduct an audit of each childcare facility, 
        which shall include a site visit--
                    (A) to assess compliance of the childcare facility 
                with the requirements of this Act; and
                    (B) to determine whether the operator of the 
                childcare facility continues to be a State-licensed 
                program.
            (2) Report to ombudsperson.--Not later than 7 days after 
        the date on which the Director completes an audit under 
        subsection (a), the Director shall submit to the Ombudsperson a 
        report on the audit, including a description of any corrective 
        action required to bring the childcare facility into 
        compliance.
    (b) Violations.--
            (1) Notification.--With respect to a childcare facility 
        found to be in violation of this Act, the Director shall 
        provide the State-licensed program concerned with a written 
        notification of each deficiency.
            (2) Appeal.--
                    (A) In general.--A State-licensed program shall 
                have the opportunity to administratively appeal a 
                finding of deficiency in a childcare facility operated 
                by the State-licensed program.
                    (B) No new referrals.--During the pendency of an 
                appeal under subparagraph (A), the childcare facility 
                may not receive new placements of unaccompanied 
                noncitizen children.
            (3) Debarment.--Consistent with the Federal Acquisition 
        Regulation, any operator of a childcare facility that fails to 
        maintain an appropriate State license or meet the standards set 
        forth in this Act shall be debarred or suspended from 
        contracting with the Secretary for not less than 3 years.
    (c) Civil Action.--
            (1) In general.--An unaccompanied noncitizen child or the 
        parent, legal guardian, or prospective sponsor of such a child 
        alleging noncompliance by a State-licensed program with the 
        standards and procedures set forth in this Act for childcare 
        facilities may commence a cause of action in a district court 
        of the United States that has venue over the matter.
            (2) Venue.--Venue for an action under paragraph (1) may be 
        found in--
                    (A) the district in which the original childcare 
                facility in which the unaccompanied noncitizen child 
                concerned was placed is located; or
                    (B) the district in which the childcare facility to 
                which the unaccompanied noncitizen child was 
                transferred is located.
    (d) Limited Review.--Review under this section shall be limited to 
entering an order solely affecting the individual claims of the 
unaccompanied noncitizen child or the parent, legal guardian, or 
prospective sponsor seeking such review.
    (e) Interference With Ombudsperson.--An employee of a Federal or 
State agency, a contractor of a Federal or State agency, or a care 
provider who intentionally prevents, interferes with, or attempts to 
impede the work of the Ombudsperson shall be subject to a civil 
penalty, which shall be not more than $2,500 for each violation.
    (f) Breach of Duty of Care.--If the Ombudsperson has reason to 
believe that an employee of a Federal or State agency or a contractor 
of a Federal or State agency has, in the conduct of official duties, 
breached the duty of care or engaged in misconduct, the Ombudsperson 
shall refer the matter to the head of such Federal or State agency, a 
grand jury, or other appropriate official or agency.
    (g) Criminal Penalty for Discrimination or Retaliation.--A 
violation of section 604 or any provision of title VII shall be a 
misdemeanor.

SEC. 604. PROTECTION FROM RETALIATION.

    (a) In General.--The Director may not--
            (1) take an adverse action against an Office of Refugee 
        Resettlement-funded legal services provider, child advocate 
        program, or any other entity based on the legal services 
        provider, child advocate program, or other entity having 
        pursued judicial review or a civil action under this Act, or 
        any civil action in a State court, on behalf of an 
        unaccompanied noncitizen child or the parent, legal guardian, 
        or prospective sponsor of such a child; or
            (2) discourage, interfere in, or withdraw funds from any 
        Office of Refugee Resettlement-funded legal services provider, 
        child advocate program, or any other entity that--
                    (A) pursues judicial review or a civil action under 
                this Act, or any civil action in State court, to 
                challenge the conditions of such a child's custody or 
                the denial of release from custody; or
                    (B) assists such a child or the parent, legal 
                guardian, or prospective sponsor of such a child to so 
                challenge.
    (b) Protection for Individuals Filing Complaints With 
Ombudsperson.--An employee of a Federal or State agency, a contractor 
for a Federal or State agency, or a care provider shall not retaliate 
against any individual for having filed a complaint with, or provided 
information to, the Ombudsperson.
    (c) Protections for Noncitizen Children Reporting Discrimination.--
Noncitizen children in immigration custody may not be retaliated 
against for reporting discrimination, filing a charge of 
discrimination, or participating in a discrimination investigation or 
lawsuit.

SEC. 605. MANDATORY ACCESS TO DETENTION FACILITIES FOR MEMBERS OF 
              CONGRESS.

    (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 detained individuals are housed, including unaccompanied 
noncitizen children, 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 the date requested in the case of a Department of Homeland 
Security facility, or not later than 2 business days before the date 
requested in the case of a Department of Health and Human Services 
facility, the Secretary concerned 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.--Subject to paragraph (2), the Secretary 
        concerned shall allow 1 or more members of the press to 
        accompany a Member of Congress on a tour of a facility under 
        this section.
            (2) Limitations.--
                    (A) Still or video cameras.--The Secretary 
                concerned shall not be required to allow a member of 
                the press to enter a facility under paragraph (1) with 
                a still or video camera.
                    (B) Personally identifying information.--As a 
                condition of entering a facility under paragraph (1), a 
                member of the press shall agree not to release any 
                personally identifying information of a staff member of 
                the facility or a child housed at the facility without 
                the express authorization of such staff member or 
                child.
    (c) Limitation.--The Secretary concerned may limit a tour under 
subsection (a) to--
            (1) in the case of a facility that houses not more than 50 
        unaccompanied noncitizen 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 more than 50 
        detained individuals, including unaccompanied noncitizen 
        children--
                    (A) not more than 10 Members of Congress; and
                    (B) accompanying members of the press under 
                subsection (b).
    (d) Definition of Secretary Concerned.--In this section, the term 
``Secretary concerned'' means, as applicable--
            (1) the Secretary of Homeland Security; or
            (2) the Secretary of Health and Human Services.

                      TITLE VII--NONDISCRIMINATION

SEC. 701. FAIR AND EQUAL TREATMENT.

    (a) In General.--All noncitizen children in immigration custody 
shall be treated fairly and equally and provided with inclusive, safe, 
and nondiscriminatory services.
    (b) Freedom From Discrimination.--
            (1) In general.--Noncitizen children in immigration custody 
        shall have the right to be free from discrimination and 
        harassment on the basis of actual or perceived characteristics 
        relating to race, ethnic group identification, ancestry, 
        national origin, color, religion, sex (including sexual 
        orientation, gender identity, and expression), language, mental 
        or physical disability, or HIV status.
            (2) Provision of services.--Services provided to noncitizen 
        children under this Act shall be delivered in a manner that is 
        sensitive to the age, culture, native language, and complex 
        needs of each noncitizen child.
    (c) Rule of Construction.--Nothing in this title shall be construed 
to diminish any protection under any other Federal or State anti-
discrimination law.

SEC. 702. RESPONSIBILITIES OF CARE PROVIDERS.

    (a) In General.--During the entire period in which a noncitizen 
child is held in immigration custody, the child's care providers shall 
ensure that the child--
            (1) is treated and served fairly and equally;
            (2) is treated with dignity and respect;
            (3) is cared for in an inclusive and respectful 
        environment; and
            (4) is not subject to discrimination or harassed based on 
        actual or perceived characteristics.
    (b) Special Considerations.--During the entire period in which a 
noncitizen child is held in immigration custody, the child's care 
providers--
            (1) in the case of an noncitizen indigenous child, in 
        partnership with the noncitizen indigenous child and, to the 
        extent practicable, the parents, extended family, and members 
        of the cultural community of the child, shall make active 
        efforts to maintain the child's connections to culture, 
        tradition, and prevailing indigenous lifeways, including 
        through culturally appropriate programs and services;
            (2) shall maintain privacy and confidentiality of 
        information relating to the child's sexual orientation and 
        gender identity;
            (3) shall use the child's correct names and pronouns 
        corresponding to the child's gender identity;
            (4) in the case of an LGBTQI child--
                    (A) shall--
                            (i) ensure that the child is housed 
                        according to an assessment of the child's 
                        gender identity and housing preference, health 
                        and safety needs, and State and local licensing 
                        standards;
                            (ii) offer an individualized assessment to 
                        determine whether additional or alternate 
                        restroom accommodations should be provided;
                            (iii) allow the child to dress and express 
                        themselves according to their gender identity;
                            (iv) allow the child to choose the gender 
                        of staff that will conduct a pat-down search if 
                        such a search is necessary; and
                            (v) consider the child's gender self-
                        identification and the effects of a housing 
                        assignment on the child's health and safety; 
                        and
                    (B) shall not--
                            (i) label the child as a likely abuser or 
                        punish the child for the child's sexual 
                        orientation, gender identity, or gender 
                        expression; or
                            (ii) isolate or involuntarily segregate the 
                        noncitizen child solely because of the child's 
                        sexual orientation, gender identity, or gender 
                        expression.

          TITLE VIII--INFORMATION SHARING AND DATA PROTECTION

SEC. 801. SEPARATION OF RECORDS.

     The Director shall ensure that--
            (1) all unaccompanied noncitizen children's personal 
        information and Office of Refugee Resettlement case files and 
        records are maintained separately and apart from such 
        children's immigration files (commonly known as ``A-Files''); 
        and
            (2) such case files and records are not accessible by the 
        Department of Homeland Security.

SEC. 802. PROHIBITION ON USE FOR DENIAL OF RELIEF OR IN REMOVAL 
              PROCEEDINGS.

    An unaccompanied noncitizen child's Office of Refugee Resettlement 
case file or record shall not be used by the Secretary of Homeland 
Security or the Attorney General--
            (1) to deny any application for relief; or
            (2) to facilitate involuntary removal in any proceeding, 
        including expedited removal, reinstatement of removal, and 
        proceedings under section 362 or 365 of the Public Health 
        Service Act (42 U.S.C. 265, 268).

SEC. 803. DISCLOSURE.

    (a) Informed Consent Required.--
            (1) In general.--The personal information and Office of 
        Refugee Resettlement case file and records of an unaccompanied 
        noncitizen child--
                    (A) shall be confidential; and
                    (B) subject to paragraph (2), may only be disclosed 
                if the child has--
                            (i) consulted with the child's legal 
                        counsel; and
                            (ii) provided informed consent for 
                        disclosure.
            (2) Children under 12 years of age.--In the case of an 
        unaccompanied noncitizen child under the age of 12 years, only 
        the parent, legal guardian, or sponsor may provide consent for 
        disclosure of the personal information or Office of Refugee 
        Resettlement case file of the child.
            (3) Subsequent disclosure prohibited.--Once disclosed, the 
        personal information or Office of Refugee Resettlement case 
        file of an unaccompanied noncitizen child may not be 
        subsequently disclosed to a third party unless the child has--
                    (A) consulted with his or her legal counsel; and
                    (B) provided informed consent for disclosure.

SEC. 804. PROHIBITION ON INFORMATION SHARING.

    (a) Child in Custody and Prospective Sponsors.--The Director may 
not provide any information about an unaccompanied noncitizen child in 
the custody of the Secretary, or prospective sponsors, to the Attorney 
General or the Secretary of Homeland Security without consent of the 
unaccompanied noncitizen child concerned or the prospective sponsor, as 
applicable, and the legal counsel of the child or sponsor, 
respectively.
    (b) Immigration Enforcement.--
            (1) In general.--The sharing of any information between the 
        Office of Refugee Resettlement and the Department of Homeland 
        Security for purposes of immigration enforcement is prohibited.
            (2) Explanation for prospective sponsors.--The Director 
        shall ensure that Office of Refugee Resettlement communications 
        with sponsors and prospective sponsors, including the family 
        reunification application packet, includes an explanation that 
        information provided to the Office of Refugee Resettlement may 
        only be shared with the Department of Homeland Security if the 
        child and sponsor or prospective sponsor concerned have 
        provided informed consent.
    (c) Relief From Removal.--The sharing of any information between 
the Office of Refugee Resettlement and the Department of Homeland 
Security or the Department of Justice for purposes of relief from 
removal is prohibited.
    (d) Exceptions.--
            (1) In general.--The Secretary may provide for the 
        disclosure of information in the same manner and circumstances 
        as census information may be disclosed by the Secretary of 
        Commerce under section 8 of title 13, United States Code.
            (2) National security purposes.--The Secretary may provide 
        for the disclosure of information to national security 
        officials to be used solely for a national security purpose in 
        a manner that protects the confidentiality of such information.
            (3) Law enforcement purposes.--The Secretary may provide 
        for the disclosure of information to law enforcement officials 
        to be used solely for a legitimate law enforcement purpose in a 
        manner that protects the confidentiality of such information.
            (4) Eligibility for benefits.--The Secretary may disclose 
        information to Federal, State, and local public and private 
        agencies providing benefits, to be used solely in making 
        determinations of eligibility for benefits pursuant to section 
        431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641).
            (5) Adjudication of applications for relief.--Government 
        entities adjudicating applications for relief under the 
        immigration laws and government personnel carrying out mandated 
        duties under section 101(i)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(i)(1)), may, with the prior 
        written consent of the noncitizen involved, communicate with 
        nonprofit, nongovernmental victims' service providers for the 
        sole purpose of assisting victims in obtaining victim services 
        from programs with expertise in working with immigrant victims. 
        Agencies receiving referrals are bound by the provisions of 
        this section. Nothing in this paragraph shall be construed as 
        affecting the ability of an applicant to designate a safe 
        organization through which Governmental agencies may 
        communicate with the applicant.
    (e) Rule of Construction.--Subsections (a), (b), and (c) shall not 
be construed as preventing--
            (1) disclosure of information in connection with judicial 
        review of a determination in a manner that protects the 
        confidentiality of such information; or
            (2) the Secretary from disclosing to the chair and ranking 
        members of the Committee on the Judiciary of the Senate or the 
        Committee on the Judiciary of the House of Representatives, for 
        the exercise of congressional oversight authority, information 
        on closed cases under this section in a manner that protects 
        the confidentiality of such information and that omits 
        personally identifying information (including locational 
        information about individuals).

SEC. 805. COUNSELING RECORDS.

    (a) In General.--Subject to subsection (b), information shared by 
an unaccompanied noncitizen child in counseling sessions, and written 
records and notes of counseling sessions, may not be shared with the 
child's case management specialist or any other employee of the Office 
of Refugee Resettlement, the Department of Health and Human Services, 
the Department of Justice, or the Department of Homeland Security.
    (b) Disclosure.--The information, records, and notes described in 
subsection (a) may be shared--
            (1) with an employee described in that subsection only if 
        the child presents a documented imminent threat to himself or 
        herself or to any other individual; or
            (2) with the Department of Justice or the Department of 
        Homeland Security if the child has--
                    (A) consulted with his or her legal counsel; and
                    (B) provides informed consent for the disclosure.
    (c) Juvenile Information.--
            (1) In general.--Juvenile information, including records of 
        children separated from family, shall remain confidential 
        regardless of the child's immigration status.
            (2) Rule of construction.--Nothing in this Act may be 
        construed as authorizing--
                    (A) the disclosure of juvenile information to 
                Federal officials absent a court order of the judge of 
                the juvenile court on filing a petition;
                    (B) the dissemination of juvenile information to, 
                or by, Federal officials absent a court order of the 
                judge of the juvenile court on filing a petition;
                    (C) the attachment of juvenile information to any 
                other document given to, or provided by, Federal 
                officials absent prior approval of the presiding judge 
                of the juvenile court; or
                    (D) any disclosure that would otherwise violate 
                this Act.
            (3) Definition of juvenile information.--In this section, 
        the term ``juvenile information'' includes the juvenile case 
        file and information related to a noncitizen child (including 
        the name, date, and place of birth of the child, the child's 
        health and education records, and the immigration status of the 
        child) that is--
                    (A) obtained or created independent of, or in 
                connection with, immigration, asylum, or juvenile court 
                proceedings of which the child is a subject; and
                    (B) maintained by any Federal or State agency, 
                including a court, probation office, child welfare 
                agency, or law enforcement agency.

SEC. 806. DATA PROTECTION FOR SPONSORS.

    (a) In General.--With respect to any information required of 
sponsors or prospective sponsors or any data collected in pursuit of 
sponsorship, the following protections shall apply:
            (1) Such information and data--
                    (A) may not be disclosed for any purpose or effect 
                other than reunification of the family unit, placement 
                of a child with a sponsor, or oversight by Congress;
                    (B) shall be immune from legal process; and
                    (C) shall not, without the consent of the sponsor 
                or prospective sponsor concerned, be admitted as 
                evidence or used for any purpose in any action, suit, 
                or other judicial or administrative proceeding.
            (2) The Secretary or any other officer or employee of the 
        Department of Health and Human Services may not--
                    (A) use such information or data for any purpose 
                other than for purposes of reunification under section 
                235 of the William Wilberforce Trafficking Victims 
                Protection Reauthorization Act of 2008 (8 U.S.C. 1232);
                    (B) make any publication in which such information 
                or data can be identified; or
                    (C) permit any individual other than the sworn 
                officers and employees of the Department of Health and 
                Human Services to examine such information or data.

                   TITLE IX--MISCELLANEOUS PROVISION

SEC. 901. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed--
            (1) to limit the rights of a noncitizen child--
                    (A) to preserve 1 or more issues for judicial 
                review in the appeal of an individual case; or
                    (B) to exercise any independent right the 
                noncitizen child may otherwise have;
            (2) to affect the application of the Flores settlement 
        agreement to all children in immigration custody;
            (3) to abrogate, modify, or replace the Flores settlement 
        agreement; or
            (4) to preclude or limit Flores settlement agreement class 
        counsel from conducting independent investigations or seeking 
        enforcement actions relating to violations of the Flores 
        settlement agreement in any appropriate district court of the 
        United States.
                                 <all>