[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5238 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5238
To preserve the democratic republic of the United States from the
overreach of authoritarian tactics.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2026
Mr. Merkley (for himself, Ms. Duckworth, and Mr. Blumenthal) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To preserve the democratic republic of the United States from the
overreach of authoritarian tactics.
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 ``For Our Republic
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec.
1. Short title; table of contents.
TITLE I--DEFEND THE REFEREES
101. Inspectors General Independence Act.
TITLE II--PROTECT THE INDEPENDENT, NONPARTISAN CIVIL SERVICE
201. Reduction in Force Review Act.
202. Agency reorganization.
TITLE III--CELEBRATE ONE NATION, INDIVISIBLE
301. ICE Out of Our Faces Act.
302. Accountability for unlawful immigration enforcement actions.
303. Prohibition on racial profiling.
TITLE IV--REAFFIRM EQUAL JUSTICE UNDER LAW
Subtitle A--Children's Safe Welcome Act of 2026
401. Short title.
402. Definitions.
403. Rule of construction.
PART I--Procedures and Temporary Placements Following Apprehension
411. Prohibition on family separation.
412. Protections for noncitizen children.
413. Nonadversarial asylum processing for noncitizen children.
414. Standards for U.S. Customs and Border Protection detention of
noncitizen children.
415. Standards for U.S. Customs and Border Protection facilities
housing noncitizen children.
416. Modification of term ``asylum officer'' to exclude officers of
U.S. Customs and Border Protection.
PART II--Standards for Department of Health and Human Services Custody
of Unaccompanied Noncitizen Children
subpart a--standards for foster care homes and childcare facilities
420. Operation of foster care homes and childcare facilities.
421. Notice of rights.
422. Staffing and training.
subpart b--services for unaccompanied noncitizen children
423. Required services.
424. Evaluation for disability.
425. Education.
426. Recreation.
subpart c--placement of children
427. Phasing out large congregate care facilities.
428. Least restrictive setting.
429. Foster family care.
430. Additional requirements relating to children with disabilities and
children with mental health needs.
431. Minimizing transfers.
432. Restrictive placements.
433. Judicial review of placement.
subpart d--family reunification and standards relating to sponsors
434. Family reunification efforts by Office of Refugee Resettlement.
435. Standards relating to sponsors.
436. Special considerations relating to release of children with
disabilities.
subpart e--release
437. Procedures for release.
438. Post-release services.
439. Individuals attaining 18 years of age.
440. Custody review by Ombudsperson.
PART III--Emergencies and Influxes
441. Sense of Congress.
442. Definitions.
443. Placement.
444. Planning for emergencies and influxes.
445. Influx facility standards and staffing.
446. Monitoring and oversight.
PART IV--Legal Representation for Unaccompanied Noncitizen Children
451. Legal orientation presentations and legal screenings.
452. Legal representation.
PART V--Appointment of Child Advocates and Improvements to Immigration
Courts
461. Appointment of child advocates.
462. Immigration court improvements.
PART VI--Oversight, Monitoring, and Enforcement
471. Office of the Ombudsperson for Unaccompanied Noncitizen Children
in Immigration Custody.
472. Data collection and reporting.
473. Enforcement.
474. Protection from retaliation.
475. Mandatory access to detention facilities for Members of Congress.
PART VII--Nondiscrimination
476. Fair and equal treatment.
477. Responsibilities of care providers.
PART VIII--Information Sharing and Data Protection
481. Separation of records.
482. Prohibition on use for denial of relief or in removal proceedings.
483. Disclosure.
484. Prohibition on information sharing.
485. Counseling records.
486. Data protection for sponsors.
Subtitle B--Real Courts, Rule of Law Act of 2026
491. Short title.
492. Establishment and structure of the United States Immigration
Courts.
493. Employees.
494. Budget and expenditures.
495. Annual report.
496. Application date; transitional provisions.
497. Institutional transfer; continuity of proceedings.
498. Review by the Judicial Conference; consultation requirements.
499. Technical and conforming provisions.
TITLE V--STRENGTHEN FREE SPEECH
501. Broadcast Freedom and Independence Act of 2025.
TITLE VI--REASSERT CONGRESS'S POWER OF THE PURSE
601. Prohibition on rescissions.
602. East Wing Modernization Project.
TITLE VII--FIGHT GOVERNMENT CORRUPTION
701. Bribery, graft, and conflicts of interest.
702. Ethics and conduct for the President and Vice President.
703. Bringing Executive Accountability, Clarity, and Oversight Now
(BEACON) Act.
704. Transparency in the Administration's Business Opportunities Act
(TABOO Act).
705. End Prediction Market Corruption Act.
706. End Crypto Corruption Act.
707. Stop Corrupt Gratuities Act.
708. Change Corruption Act.
709. Stop Trading on Predictions and Corrupt Bets Act.
710. Prohibit Partisan Park Passes Act.
711. Prohibition on use of funds by GSA.
TITLE VIII--ENSURE LIBERTY AND JUSTICE FOR ALL
801. Disclosure of directives and inquiries from the Executive Office
of the President to the Department of
Justice.
802. Prohibition on payments from judgment fund without congressional
approval.
TITLE IX--PREVENT AUTHORITARIAN POLICING TACTICS ON AMERICA'S STREETS
901. Preventing Authoritarian Policing Tactics on America's Streets
Act.
902. Insurrection Act of 2026.
TITLE X--SAFEGUARD FREE AND FAIR ELECTIONS
Subtitle A--Fraudulent Artificial Intelligence Regulations (FAIR)
Elections Act
1011. Short title.
1012. Prohibition on false AI-generated election media.
1013. Prohibition on removal of names from voting rolls using
unverified voter challenge databases.
1014. Private right of action against Federal Government for use of
Federal data in determining eligibility to
vote.
1015. GAO study and report.
1016. Severability.
Subtitle B--Election Interference and Law Enforcement at Polls
1021. Election interference and law enforcement at polls.
TITLE I--DEFEND THE REFEREES
SEC. 101. INSPECTORS GENERAL INDEPENDENCE ACT.
Section 403(a) of title 5, United States Code, is amended by
inserting after the first sentence the following: ``The President may
not nominate an individual to serve as an Inspector General if the
individual is serving as a political appointee, as defined in section
9803, as of the date of the nomination or if the individual has
previously served as a political appointee under such President. The
position of Inspector General shall not be considered a political
appointee for purposes of this subsection.''.
TITLE II--PROTECT THE INDEPENDENT, NONPARTISAN CIVIL SERVICE
SEC. 201. REDUCTION IN FORCE REVIEW ACT.
Chapter 8 of title 5, United States Code, is amended--
(1) in section 801(a)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) if the rule relates to a reduction in force at the
Federal agency that is authorized under subchapter I of chapter
35, a detailed justification for the reduction in force, which
shall include--
``(I) the specific reasons for the reduction in
force;
``(II) the anticipated impact of the reduction in
force on the employees and operations of the Federal
agency;
``(III) any alternatives to the reduction in force
that the Federal agency considered, including the
reasons that the Federal agency rejected those
alternatives;
``(IV) a summary of the consultations that the
Federal agency has held with--
``(aa) employees of the Federal agency who
will be affected by the reduction in force; and
``(bb) representatives of the employees
described in item (aa); and
``(V) a summary of how the reduction in force will
impact employees of the Federal agency who are
veterans.''; and
(2) by amending section 804(3) to read as follows:
``(3) The term `rule'--
``(A) has the meaning given the term in section
551; and
``(B) includes--
``(i) a rule or order relating to a
reduction in force at a Federal agency that is
authorized under subchapter I of chapter 35;
and
``(ii) any significant action by a Federal
agency that substantially affects the rights or
obligations of non-Federal agency parties, such
as a workforce restructuring, office closure,
or other action by a Federal agency that has a
material impact on the employees or operations
of the Federal agency.''.
SEC. 202. AGENCY REORGANIZATION.
(a) Agency Defined.--In this section, the term ``agency''--
(1) means each authority of the Government of the United
States, whether or not it is within or subject to review by
another agency; and
(2) does not include--
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or
possessions of the United States; or
(D) the government of the District of Columbia.
(b) Prohibition.--An agency may only be dissolved, restructured,
merged with another agency, or altered, including alterations with
respect to the purpose or mission of the agency, with the express
consent of Congress.
TITLE III--CELEBRATE ONE NATION, INDIVISIBLE
SEC. 301. ICE OUT OF OUR FACES ACT.
(a) Definitions.--In this section:
(1) Biometric surveillance system.--The term ``biometric
surveillance system'' means computer software that performs
facial recognition or other biometric recognition in real time
or on a recording or photograph.
(2) Covered immigration officer.--The term ``covered
immigration officer'' means any individual who is--
(A) authorized to perform immigration enforcement
functions; and
(B)(i) an officer, employee, agent, contractor, or
subcontractor of U.S. Customs and Border Protection;
(ii) an officer, employee, agent, contractor, or
subcontractor of U.S. Immigration and Customs
Enforcement; or
(iii) an individual authorized, deputized, or
designated to perform immigration enforcement functions
pursuant to section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)).
(3) Facial recognition.--The term ``facial recognition''
means an automated or semi-automated process that--
(A) assists in identifying an individual, capturing
information about an individual, matching an individual
to a list or otherwise generating or assisting in
generating surveillance or identification information
about an individual based on the physical
characteristics of the individual's face; or
(B) logs characteristics of an individual's face,
head, or body to infer emotion, associations,
activities, or the location of an individual.
(4) Other biometric recognition.--The term ``other
biometric recognition''--
(A) means an automated or semi-automated process
that--
(i) assists in identifying an individual,
capturing information about an individual, or
otherwise generating or assisting in generating
surveillance information about an individual
based on the characteristics of the
individual's gait or other immutable
characteristic ascertained from a distance;
(ii) uses voice recognition technology; or
(iii) logs characteristics referred to in
clause (i) or (ii) to infer emotion,
associations, activities, or the location of an
individual; and
(B) does not include identification based on
fingerprints or palm prints not ascertained from a
distance.
(5) Voice recognition technology.--The term ``voice
recognition technology'' means an automated or semi-automated
process that assists in identifying or verifying an individual
based on the characteristics of an individual's voice.
(b) Prohibition on the Use of Biometric Surveillance by U.S.
Immigration and Customs Enforcement or U.S. Customs and Border
Protection.--
(1) In general.--It shall be unlawful for any covered
immigration officer to acquire, possess, access, or use in the
United States--
(A) any biometric surveillance system; or
(B) information derived from a biometric
surveillance system operated by another entity.
(2) Biometric data deletion.--All information collected by
a covered immigration officer for use in, or derived from, a
biometric surveillance system, including information collected
before the date of the enactment of this Act, shall be deleted
not later than 30 days after the date of the enactment of this
Act.
(3) Judicial investigations and proceedings.--
(A) Admissibility.--Except in a judicial
investigation or proceeding alleging a violation of
this section, information obtained in violation of this
section is not admissible by the Federal Government in
any criminal, civil, administrative, or other
investigation or proceeding.
(B) Cause of action.--
(i) In general.--A violation of this
section constitutes an injury to any individual
aggrieved by such violation.
(ii) Right to sue.--An individual aggrieved
by a violation of this section may institute
proceedings against the Federal Government
whose covered immigration officer is alleged to
have violated this section for the relief
described in clause (iv) in any court of
competent jurisdiction.
(iii) Enforcement by state attorneys
general.--The chief law enforcement officer of
a State, or any other State officer authorized
by law to bring actions on behalf of the
residents of a State, may bring a civil action,
as parens patriae, on behalf of the residents
of such State in an appropriate district court
of the United States to enforce this section,
whenever the chief law enforcement officer or
other State officer determines the interests of
the residents of such State have been or are
being threatened or adversely affected by a
violation of this section.
(iv) Relief.--In a civil action authorized
under clause (ii) in which the plaintiff
prevails, the court may award--
(I) actual damages;
(II) punitive damages;
(III) reasonable attorneys' fees
and costs; and
(IV) any other relief, including
injunctive relief, that the court
determines to be appropriate.
(4) Civil penalties.--Any covered immigration officer who
violates this section may be subject to retraining, suspension,
termination, or any other penalty, as determined in an
appropriate tribunal, and subject to applicable due process
requirements.
(5) Rule of construction.--Nothing in this section may be
construed to preempt or supersede any Federal, State, or local
law absent actual conflict with the limitations on covered
immigration officers imposed by this section.
SEC. 302. ACCOUNTABILITY FOR UNLAWFUL IMMIGRATION ENFORCEMENT ACTIONS.
(a) Short Title.--This section may be cited as the ``ICE and CBP
Constitutional Accountability Act''.
(b) Findings.--Congress finds the following:
(1) The First, Fourth, Fifth, and Fourteenth Amendments to
the Constitution of the United States were passed by Congress
and ratified by the State legislatures to ensure the protection
of fundamental rights for the people of the United States.
(2) U.S. Immigration and Customs Enforcement and U.S.
Customs and Border Protection officers and agents have
undermined the fundamental rights guaranteed by those
amendments, including--
(A) violating due process;
(B) racial profiling based on individuals' skin
color and languages spoken;
(C) conducting unreasonable and warrantless
searches and seizures; and
(D) violating individuals' rights to privacy and
free speech.
(3) The recent and ongoing reckless conduct by U.S.
Immigration and Customs Enforcement and U.S. Customs and Border
Protection has resulted in needless injuries, deaths, and
public distrust of the Federal Government.
(4) Civil suits provide individuals a remedy when their
fundamental rights are violated by Government officials.
(c) Civil Remedy for Victims of Unlawful Immigration Enforcement
Actions.--Section 2674 of title 28, United States Code, is amended by
inserting after ``punitive damages.'' the following:
``If, while acting under color of law, an officer or agent of U.S.
Customs and Border Protection or U.S. Immigration and Customs
Enforcement, or any other person acting under the direction of any such
officer or agent, subjects, or causes to be subjected, any individual
within the jurisdiction of the United States to the deprivation of any
rights, privileges, or immunities secured by the United States
Constitution or laws, the United States Government shall be liable to
the aggrieved party in an action at law, a suit in equity, or any other
proper proceeding for redress, regardless of whether a policy or custom
of the Department of Homeland Security caused the violation and without
regard to whether the officer, agent or other person was acting
consistent with an official policy, practice, or custom. Monetary
damages awarded in cases authorized under this paragraph shall be
derived from amounts appropriated under title IX and sections 100051
and 100052 of Public Law 119-21 and, if such amounts have been
depleted, from amounts appropriated pursuant to section 1304 of title
31. The requirement set forth in section 2675(a) shall not apply to a
civil action authorized under this paragraph. Notwithstanding any other
provision of law, in cases authorized under this paragraph, a plaintiff
may seek punitive damages. This paragraph shall constitute a waiver of
sovereign immunity of the United States with respect to U.S. Customs
and Border Protection and U.S. Immigration and Customs Enforcement for
any claim brought under this section. Nothing in this paragraph may be
construed to limit or preclude any legal, equitable, or other remedy
that is otherwise available against an individual officer, agent, or
other person.''.
SEC. 303. PROHIBITION ON RACIAL PROFILING.
(a) Definitions.--In this section:
(1) Law enforcement agency.--The term ``law enforcement
agency'' means any Federal, State, local, or Tribal public
agency engaged in the prevention, detection, or investigation
of violations of criminal, immigration, or customs laws.
(2) Law enforcement agent.--The term ``law enforcement
agent'' means any Federal, State, local, or Tribal official
responsible for enforcing criminal, immigration, or customs
laws, including police officers and other agents of a law
enforcement agency.
(3) Racial profiling.--The term ``racial profiling'' means
the practice of a law enforcement agent or agency relying, to
any degree, on actual or perceived race, ethnicity, national
origin, religion, gender, gender identity, or sexual
orientation in selecting which individual to subject to routine
or spontaneous investigatory activities or in deciding upon the
scope and substance of law enforcement activity following the
initial investigatory procedure, except when there is
trustworthy information, relevant to the locality and
timeframe, that links a person with a particular characteristic
described in this paragraph to an identified criminal incident
or scheme.
(4) Routine or spontaneous investigatory activities.--The
term ``routine or spontaneous investigatory activities'' means
the following activities by a law enforcement agent:
(A) Interviews.
(B) Traffic stops.
(C) Pedestrian stops.
(D) Frisks and other types of body searches.
(E) Consensual or nonconsensual searches of the
persons, property, or possessions (including vehicles)
of individuals using any form of public or private
transportation, including motorists and pedestrians.
(F) Data collection and analysis, assessments, and
predicated investigations.
(G) Inspections and interviews of entrants into the
United States that are more extensive than those
customarily carried out.
(H) Immigration-related workplace investigations.
(b) Prohibition.--No law enforcement agent or law enforcement
agency shall engage in racial profiling.
(c) Enforcement.--The United States, or an individual injured by
racial profiling, may enforce this title in a civil action for
declaratory or injunctive relief, filed either in a State court of
general jurisdiction or in a district court of the United States.
TITLE IV--REAFFIRM EQUAL JUSTICE UNDER LAW
Subtitle A--Children's Safe Welcome Act of 2026
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ``Children's Safe Welcome Act of
2026''.
SEC. 402. DEFINITIONS.
In this subtitle:
(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
471.
(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 432(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)).
SEC. 403. RULE OF CONSTRUCTION.
Nothing in this subtitle 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.
PART I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION
SEC. 411. 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 412.
(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 412.
(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. 412. 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 2026, 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 414 and 415 of the Children's Safe
Welcome Act of 2026, 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
411(a) of the Children's Safe Welcome Act of 2026,
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
411(a) of the Children's Safe Welcome Act of 2026,
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 415(h) of the
Children's Safe Welcome Act of 2026 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. 413. 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. 414. 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 part 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. 415. 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 subtitle or the amendments made by this subtitle.
(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 Academy 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
subtitle;
(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 subtitle or the amendments made by this
subtitle.
(g) Monitoring and Oversight.--
(1) In general.--Compliance of U.S. Customs and Border
Protection facilities with this subtitle 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 471.
(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. 416. 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.''.
PART II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY
OF UNACCOMPANIED NONCITIZEN CHILDREN
Subpart A--Standards for Foster Care Homes and Childcare Facilities
SEC. 420. 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. 421. 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
subtitle;
(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. 422. 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 434(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 472(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 subtitle.
Subpart B--Services for Unaccompanied Noncitizen Children
SEC. 423. 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 425.
(8) Recreational activities, as described in section 426.
(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
part 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 494.
(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 subtitle, the
amendments made by this subtitle, and any other requirement or
standard determined by the Ombudsperson to be in the best
interests of unaccompanied noncitizen children.
SEC. 424. 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. 425. 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. 426. 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.
Subpart C--Placement of Children
SEC. 427. 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 439(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. 428. 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. 429. 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 432); 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. 430. 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. 431. 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. 432. 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 part 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. 433. 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.
Subpart D--Family Reunification and Standards Relating to Sponsors
SEC. 434. 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 472(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. 435. 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. 436. 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 435(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 435(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.
Subpart E--Release
SEC. 437. 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. 438. 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. 439. 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. 440. 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.
PART III--EMERGENCIES AND INFLUXES
SEC. 441. 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. 442. DEFINITIONS.
In this part:
(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. 443. 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. 444. 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
subtitle.
(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. 445. 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 part 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 443(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 472 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 part 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. 446. 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 part 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 subtitle.
(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.
PART IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN
SEC. 451. 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. 452. 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.
PART V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION
COURTS
SEC. 461. 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. 462. 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.
PART VI--OVERSIGHT, MONITORING, AND ENFORCEMENT
SEC. 471. 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 subtitle and
the amendments made by this subtitle.
(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 446.
(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 472 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 subtitle and the
amendments made by this subtitle, 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 472.
(ee) Recommendations--
(AA) for improving
implementation and
compliance with this
subtitle and the
amendments made by this
subtitle; 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 422(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 subtitle.
(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 subtitle.
(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 415(d)(5) and 421;
(ii) review training materials, as
described in section 422(d)(4);
(iii) conduct reviews of decisions in
placement review hearings, as described in
section 432(b)(6);
(iv) conduct reviews of decisions in
sponsorship hearings, as described in section
435(b)(3)(H);
(v) regularly review data collected under
section 472; 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 subtitle or the amendments made by this subtitle.
(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 subtitle or the amendments made by
this subtitle.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 472. 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 434(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 446.
(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 the 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. 473. 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 subtitle; 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 subtitle, 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 subtitle 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 subtitle 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 474 or any provision of part VII shall be a
misdemeanor.
SEC. 474. 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 subtitle,
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 subtitle, 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. 475. 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.
PART VII--NONDISCRIMINATION
SEC. 476. 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 subtitle 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 part shall be construed
to diminish any protection under any other Federal or State anti-
discrimination law.
SEC. 477. 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; and
(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.
PART VIII--INFORMATION SHARING AND DATA PROTECTION
SEC. 481. 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. 482. 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. 483. 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. 484. 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. 485. 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 subtitle 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 subtitle.
(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. 486. 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.
Subtitle B--Real Courts, Rule of Law Act of 2026
SEC. 491. SHORT TITLE.
This subtitle may be cited as the ``Real Courts, Rule of Law Act of
2026''.
SEC. 492. ESTABLISHMENT AND STRUCTURE OF THE UNITED STATES IMMIGRATION
COURTS.
(a) United States Immigration Courts.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by adding at the end
the following:
``TITLE VI--UNITED STATES IMMIGRATION COURTS
``Subtitle A--Organization and Jurisdiction
``SEC. 601. ESTABLISHMENT AND STRUCTURE.
``(a) Establishment.--
``(1) In general.--There is established, under Article I of
the Constitution of the United States, a system of courts of
record, which shall be known as the `United States Immigration
Courts' (referred to in this title as the `Immigration
Courts'). Each such court of record may be referred to as an
`immigration court'. The Immigration Courts is not an agency
of, and shall be independent of, the executive branch of the
United States Government.
``(2) Divisions.--The Immigration Courts shall consist of
an appellate division, a trial division, and an administrative
division.
``(3) Court offices.--The principal office of the
Immigration Courts shall be in the Washington, District of
Columbia metropolitan area, but each immigration court may sit
at any place within the United States.
``(4) Court seal.--The Immigration Courts shall have a
seal, which shall be judicially noticed.
``(b) Appellate Division.--
``(1) In general.--The appellate division of the
Immigration Courts shall be composed of 21 immigration appeals
judges, 1 of whom shall serve as chief judge, in accordance
with paragraph (3).
``(2) Appointment of immigration appeals judges.--
``(A) In general.--Each immigration appeals judge
shall be appointed by the President, by and with the
advice and consent of the Senate, in accordance with
the requirements under section 602.
``(B) Term of office.--Each immigration appeals
judge shall be appointed for a term of 15 years and may
be reappointed for additional 15-year terms. An
immigration appeals judge who is not reappointed for an
additional term may continue to serve after the
expiration of the prior term until the earlier of--
``(i) the date on which his or her
successor is appointed; or
``(ii) the date that is 1 year after the
expiration of the prior term.
``(C) Special rule.--If an immigration appeals
judge does not serve the entirety of an appointed term,
the resulting vacancy shall be filled by a successor
appointed for the remainder of the term in accordance
with this paragraph. At the conclusion of such term,
such successor may be reappointed in accordance with
subparagraph (B).
``(3) Chief judge.--
``(A) Designation.--
``(i) In general.--The chief judge shall be
the immigration appeals judge who is most
senior in appointment among the immigration
appeals judges who, at that time of appointment
to the appellate division--
``(I) have served for 1 or more
years;
``(II) have at least 5 years
remaining in their term of office as an
immigration appeals judge; and
``(III) have not previously served
as chief judge.
``(ii) Acting chief judge.--If no
immigration appeals judge in regular active
service satisfies all of the requirements under
clause (i), the immigration appeals judge who
is most senior in commission and who has not
previously served as chief judge shall serve as
acting chief judge until an immigration appeals
judge becomes eligible under such clause.
``(iii) Precedence.--Immigration appeals
judges who have the same seniority in
commission shall be eligible for service as
chief judge according to seniority in age.
``(B) Term of office.--
``(i) In general.--Except as provided in
clause (ii), the chief judge shall serve a term
that shall end on the earliest of--
``(I) the date that is 5 years
after the date such term begins;
``(II) the date on which the chief
judge is removed from service for cause
in accordance with section 602(f);
``(III) the date on which the chief
judge leaves regular active service as
an immigration appeals judge; and
``(IV) the date on which the chief
judge provides written notice to the
other immigration appeals judges that
such judge is resigning from service as
chief judge.
``(ii) Continuation of service.--If, upon
conclusion of the chief judge's term of office,
as described in clause (i)(I), no other
immigration appeals judge is eligible to assume
the role of chief judge, as provided under
subparagraph (A), the incumbent shall continue
to serve as chief judge until another
immigration appeals judge becomes eligible.
``(4) En banc exercise of appellate division authority in
non-adjudicative matters.--
``(A) In general.--The appellate division shall
exercise its en banc authority--
``(i) to appoint immigration trial judges
to the trial division;
``(ii) to remove immigration trial judges
in accordance with section 602(f);
``(iii) to appoint a chief administrative
officer to the administrative division;
``(iv) to promulgate rules and set policies
and procedures of the Immigration Courts; and
``(v) to address other non-adjudicative
matters that require en banc consideration, as
determined by the chief judge.
``(B) Majority vote.--The appellate division shall
exercise its en banc authority as provided under
subparagraph (A) by a majority vote, a quorum being
present.
``(C) Quorum.--For purposes of this paragraph, not
fewer than 3 immigration appeals judges in regular
active service or \2/3\ of all immigration appeals
judges in regular active service, whichever is greater,
shall constitute a quorum.
``(c) Trial Division.--
``(1) In general.--The trial division of the Immigration
Courts shall be composed of immigration trial courts, the
number and geographical location of which shall be determined
by the administrative council, in accordance with the
procedures described in subsection (d)(3)(B). Each immigration
trial court shall be overseen by a chief trial judge.
``(2) Appointment of immigration trial judges.--
``(A) In general.--Except as provided in section
603, each immigration trial judge shall be appointed by
the appellate division in accordance with the
requirements described in section 602.
``(B) Term of office.--Each immigration trial judge
shall be appointed for a term of 15 years and may be
reappointed for additional 15-year terms. An
immigration trial judge who is not reappointed for an
additional term may continue to serve after the
expiration of the prior term until the earlier of--
``(i) the date on which a successor is
appointed; or
``(ii) the date that is 1 year after such
expiration date.
``(3) Chief trial judges.--
``(A) Designation.--The chief judge shall designate
1 immigration trial judge to serve as chief trial judge
for each geographical area. If only 1 immigration trial
judge presides over a geographical area, that judge
shall be designated as the chief trial judge for such
area.
``(B) Term of office.--Chief trial judges shall
serve in such capacity for an initial term of 5 years
and may be reappointed for additional 5-year terms, or
a period shorter than 5 years, as determined by the
appellate division.
``(C) Responsibilities.--In addition to fulfilling
regular judicial duties, chief trial judges shall--
``(i) oversee the administrative operations
of the trial division in the geographical area
in which they are located; and
``(ii) fulfill all other duties and
responsibilities assigned to trial judges under
this title or delegated to the chief trial
judges by the chief judge.
``(d) Administrative Division.--
``(1) In general.--The administrative division of the
Immigration Courts shall consist of an administrative office
and an administrative council.
``(2) Administrative office.--The administrative office
shall be managed by a chief administrative officer, who shall--
``(A) implement and administer operational rules,
policies, and procedures of the Immigration Courts
established by the appellate division or the
administrative council;
``(B) assist the administrative council in
executing the responsibilities described in paragraph
(3); and
``(C) fulfill all other administrative duties and
responsibilities described in this title or delegated
to the administrative office by the chief judge.
``(3) Administrative council.--
``(A) Meetings.--
``(i) Annual meeting.--The chief judge of
the appellate division shall annually summon
the chief trial judge of each court of the
trial division to a meeting at such time and
place in the United States as the chief judge
may designate. The chief judge shall preside at
each such meeting, which shall be known as the
administrative council of the Immigration
Courts.
``(ii) Special sessions.--Special sessions
of the administrative council may be called by
the chief judge at such times and places as the
chief judge may designate.
``(iii) Attendance.--If the chief trial
judge of any court of the trial division is
unable to attend an administrative council
meeting, the chief judge may summon any other
judge from such court. Every judge so summoned
shall attend such meeting and, unless excused
by the chief judge, shall remain in attendance
throughout all of the sessions.
``(iv) Advisory role.--Every judge in
attendance at an administrative council shall
advise the council regarding the needs of such
judge's court and any matters in which the
administration of justice in the Immigration
Courts may be improved.
``(B) Determination of number of required judges
and geographical areas of service.--
``(i) Quadrennial survey.--Not later than 1
year after the application date (as defined in
section 496(a) of the Real Courts, Rule of Law
Act of 2026), and every 4 years thereafter, the
administrative council shall conduct a survey,
which shall include the solicitation of
information and recommendations from the
public, to determine--
``(I) the number of immigration
trial courts required to provide for
the expeditious and effective
administration of justice; and
``(II) the geographical areas to be
served by such courts.
``(ii) Survey elements.--In conducting each
survey under clause (i), the administrative
council shall--
``(I) assess the continuing need
for existing immigration trial court
positions and the need for additional
positions in each geographical
location;
``(II) evaluate local conditions in
each geographical location, including
the proximity to populations to be
served, the quality and availability of
infrastructure to support
transportation and communication, and
the availability of legal services for
indigent and non-English speaking
individuals;
``(III) consider proximity and
access to judicial and Department of
Homeland Security facilities; and
``(IV) consider the allocation of
immigration trial courts and judges
among existing geographical areas and
whether the administration of justice
would be better served by the presence
of immigration trial courts and judges
in new or different areas.
``(iii) Publication of survey results.--The
administrative council shall publish the
results of the survey conducted pursuant to
clause (i).
``(iv) Notice of vacancies.--The
administrative council shall publish notice of
any immigration judge vacancies or new staff
positions.
``(C) Merit selection panel.--
``(i) Appointment of immigration judges.--
The administrative council shall establish a
merit selection panel to assist in identifying
and recommending individuals who are best
qualified to serve as immigration judges, in
accordance with subsections (a), (b), and (c)
of section 602.
``(ii) Composition.--The panel established
pursuant to clause (i) shall consist of
qualified individuals with experience in a
diverse range of settings, including academia,
nongovernmental organizations, private
immigration practice, and Government service.
``SEC. 602. IMMIGRATION APPEALS JUDGES; TRIAL JUDGES.
``(a) Qualifications of Immigration Judges.--Each immigration judge
shall--
``(1) be a member in good standing of the bar of a Federal
court or the highest court of a State, or any combination of
such courts, for not less than 10 years;
``(2) possess, and have a reputation for, integrity and
good character;
``(3) possess, and have demonstrated, a commitment to equal
justice under the law;
``(4) possess, and have demonstrated, outstanding legal
ability and competence, as evidenced by substantial legal
experience, ability to deal with complex legal problems,
aptitude for legal scholarship and writing, and familiarity
with courts and court processes;
``(5) exhibit demeanor, character, and personality that
indicate a judicial temperament; and
``(6) be qualified to conduct fair and impartial hearings
that are consistent with due process.
``(b) Additional Factors for the Appointment of Immigration
Judges.--In appointing immigration judges, the President and the
appellate division shall ensure that--
``(1) qualified candidates are identified without regard to
race, color, sex, religion, national origin, disability, age,
or any other factor protected under Federal law;
``(2) to the extent practicable, the corps of immigration
judges--
``(A) is comprised primarily of individuals with
prior legal experience in immigration law; and
``(B) reflects a balance of individuals with prior
legal experience in the public sector and private
sector; and
``(3) candidates are selected without regard to political
party affiliation or perceived political ideology.
``(c) Prohibited Relationships.--No individual may be appointed as
an immigration trial judge if such individual is related by blood in
the first-, second-, or third-degree, or by marriage to an immigration
appeals judge in regular active service.
``(d) Continuing Education.--In addition to the training required
under section 603(c) of the International Religious Freedom Act of 1998
(22 U.S.C. 6473(c)), all immigration judges shall be required to
satisfy continuing education requirements, as determined by the
administrative council.
``(e) Salaries.--
``(1) Immigration appeals judges.--Each immigration appeals
judge shall serve on a full-time basis and shall receive, as
compensation for such services, an annual salary that is equal
to the salary of a judge of the district court of the United
States as determined pursuant to section 135 of title 28,
United States Code.
``(2) Immigration trial judges.--Each immigration trial
judge shall serve on a full-time basis and shall receive as
compensation for such services, an annual salary that is equal
to 92 percent of the salary of a judge of the district court of
the United States, as determined pursuant to section 135 of
title 28, United States Code.
``(3) Prohibition on the practice of law.--No immigration
judge may engage in the practice of law or any other practice,
business, occupation, or employment that is inconsistent with
the expeditious, proper, and impartial performance of such
judge's duties.
``(f) Removal.--
``(1) In general.--
``(A) Grounds.--An immigration judge may be removed
from office only on grounds of incapacity, misconduct,
neglect of duty, or having engaged in the practice of
law.
``(B) Immigration appeals judge.--An immigration
appeals judge may be removed from office by the
President.
``(C) Immigration trial judge.--An immigration
trial judge may be removed from office by the appellate
division.
``(D) Notice; rebuttal.--No immigration judge may
be removed from office unless such judge is provided
with--
``(i) notice of the allegations forming the
basis for such removal; and
``(ii) an opportunity to appear in person
at a hearing to rebut such allegations.
``(2) Complaints.--
``(A) In general.--The appellate division shall
promulgate rules, consistent with chapter 16 of title
28, United States Code, for receiving, investigating,
and resolving complaints regarding the conduct of
immigration judges. In investigating and acting upon
any such complaint, the appellate division shall have
the powers granted to a judicial council under such
chapter.
``(B) Judicial conference.--The provisions under
sections 354(b) through 360 of title 28, United States
Code, regarding referral or certification to, and
petition for review in the Judicial Conference of the
United States, and action thereon, shall apply to the
exercise of the powers of a judicial council by the
appellate division. The grounds for removal specified
in paragraph (1)(A) shall provide the basis for a
determination to refer a complaint to the Judicial
Conference, for further action by the Conference, and
for certification and transmittal by the Conference of
any complaint to the President.
``(g) Retirement.--
``(1) Mandatory.--All immigration judges shall retire upon
attaining 80 years of age.
``(2) Permissive.--Any immigration judge who meets the age
and service requirements set forth in any line of the following
table may retire.
----------------------------------------------------------------------------------------------------------------
``The immigration judge has attained the The years of service as an immigration judge are at least the
following years of age: following:
----------------------------------------------------------------------------------------------------------------
65........................................... 15
66........................................... 14
67........................................... 13
68........................................... 12
69........................................... 11
70........................................... 10.
----------------------------------------------------------------------------------------------------------------
``(3) Not reappointed.--Any immigration judge who is not
reappointed following the expiration of the term of his or her
office may retire upon the completion of such term if--
``(A) such individual has served as an immigration
judge for 15 years or more; and
``(B) not earlier than 9 months preceding the
expiration of such term of office and not later than 6
months preceding such expiration date, such individual
submitted written notice to the President or the
appellate division, as appropriate, that such
individual was willing to accept reappointment as an
immigration judge.
``(4) Permanent disability.--Any immigration judge who
becomes permanently disabled to the extent the judge is no
longer capable of performing his or her judicial duties shall
retire.
``(h) Retired Pay.--
``(1) In general.--Any individual who--
``(A) retires pursuant to paragraph (1), (2), or
(3) of subsection (g) and elects under subsection (i)
to receive retired pay under this subsection shall
receive retired pay during any period at a rate which
bears the same ratio to the rate of the salary payable
to an immigration judge during such period as the
number of years he has served as immigration judge
bears to 10, except that the rate of such retired pay
shall not be more than the rate of such salary for such
period; or
``(B) retires pursuant to subsection (g)(4) and
elects under subsection (i) to receive retired pay
under this subsection shall receive retired pay during
any period at a rate equal to--
``(i) the rate of the salary payable to an
immigration judge during such period if such
individual served as an immigration judge for
not less than 10 years; or
``(ii) \1/2\ of the rate of the salary
payable to an immigration judge during such
period if such individual served as an
immigration judge for less than 10 years.
``(2) Accrual; payment.--Retired pay for an individual
described in paragraph (1)--
``(A) shall begin to accrue on the day following
the day on which the salary of such individual as an
immigration judge ceases to accrue;
``(B) shall continue to accrue during the remainder
of the life of such individual; and
``(C) shall be paid in the same manner as the
salary of an immigration judge.
``(3) Rate computation.--In computing the rate of retired
pay for an individual described in paragraph (1)(A)--
``(A) that portion of the aggregate number of years
such individual has served as an immigration judge
which is a fractional part of 1 year shall be
eliminated if it is less than 6 months and shall be
counted as a full year if it is 6 months or more; and
``(B) any period during which such individual
performs services described in section 603 on a
substantially full-time basis shall be treated as a
period during which such individual has served as an
immigration judge.
``(i) Election To Receive Retired Pay.--
``(1) In general.--An immigration judge may elect to
receive retired pay in accordance with subsection (h).
``(2) Requirements.--An election under paragraph (1)--
``(A) may be made only while an individual is an
immigration judge, except for the election of an
individual who is not reappointed as an immigration
judge at the expiration of the individual's term of
office, which may be made on or before the day on which
the individual's successor takes office;
``(B) once made, shall be irrevocable, except as
provided in subsection (m);
``(C) by any immigration judge other than the chief
judge shall be made by filing a written notice with the
chief judge; and
``(D) by the chief judge shall be made by filing a
written notice with the Office of Personnel Management.
``(3) Transmittal.--The chief judge shall transmit a copy
of each notice filed pursuant to paragraph (2)(C) to the Office
of Personnel Management.
``(j) Retired Pay Affected in Certain Cases.--
``(1) 1-year forfeiture for failure to perform judicial
duties.--Except as provided in paragraph (3), if an individual
for whom an election to receive retired pay under subsection
(h) is in effect fails to perform judicial duties required of
such individual under section 603 during any calendar year,
such individual shall forfeit all rights to retired pay under
subsection (h) for the 1-year period which begins on the first
day on which such individual initially failed to perform such
duties.
``(2) Suspension of retired pay during period of
compensated government service.--Any individual for whom an
election to receive retired pay under subsection (h) is in
effect who accepts compensation for civil office or employment
with the Government of the United States (other than the
performance of judicial duties described in section 603) shall
forfeit all rights to retired pay under subsection (h) for the
period for which such compensation is received.
``(3) Forfeitures of retired pay not applicable if
individual elects to freeze amount of retired pay.--
``(A) In general.--If an individual makes an
election under this paragraph--
``(i) paragraph (1) and section 603 shall
not apply to such individual beginning on the
date on which such election takes effect; and
``(ii) the retired pay payable to such
individual under subsection (h) for periods
beginning on or after such effective date shall
be equal to the retired pay to which such
individual would be entitled without regard to
this clause at the time of such election.
``(B) Election.--An election under this paragraph--
``(i) may only be made by an individual who
meets the age and service requirements for
retirement set forth in the table under
subsection (g)(2);
``(ii) may only be made during the period
when such individual--
``(I) may make an election to
receive retired pay; or
``(II) is receiving retired pay;
and
``(iii) shall be made in the same manner as
the election to receive retired pay.
``(C) Effective date.--An election made pursuant to
this paragraph shall take effect on the first day of
the first month following the month in which such
election is made.
``(k) Coordination With Civil Service Retirement.--
``(1) General rule.--Except as otherwise provided in this
subsection, the provisions of the civil service retirement laws
(including the provisions relating to the deduction and
withholding of amounts from basic pay, salary, and
compensation) shall apply in respect of service as an
immigration judge (together with other service as an officer or
employee to whom such civil service retirement laws apply) as
if this section had not been enacted.
``(2) Effect of electing retired pay.--If an individual has
filed an election to receive retired pay under subsection (h)--
``(A) no annuity or other payment shall be payable
to any person under the civil service retirement laws
with respect to any service performed by such
individual (whether performed before or after such
election is filed and whether performed as an
immigration judge or otherwise);
``(B) no deduction for purposes of the Civil
Service Retirement and Disability Fund shall be made
from retired pay payable to such individual under
subsection (h) or from any other salary, pay, or
compensation payable to such individual, for any period
beginning after the day on which such election is
filed; and
``(C) such individual shall be paid the lump-sum
credit computed under section 8331(8) of title 5,
United States Code, upon making an application for such
payment with the Office of Personnel Management.
``(l) Retirement for Disability.--
``(1) Certification.--An immigration judge who becomes
permanently disabled to the extent the judge is no longer
capable of performing his or her judicial duties shall submit a
written certification of such disability to the President, or
to the appellate division, as applicable. If the chief judge
retires as a result of such disability, such retirement shall
not take effect until the President concurs with such
retirement.
``(2) Declaration.--If an immigration judge who becomes
permanently disabled, as described in paragraph (1), does not
retire and the President or the appellate division, as
applicable, determines that such immigration judge is unable to
efficiently perform all his or her judicial duties by reason of
permanent mental or physical disability and the appointment of
an additional immigration judge is necessary for the efficient
dispatch of business, the President or the appellate division,
as applicable, shall declare such immigration judge to be
retired.
``(m) Revocation of Election To Receive Retired Pay.--
``(1) In general.--Notwithstanding subsection (i)(2), an
individual who has filed an election to receive retired pay
under subsection (h) may revoke such election at any time
before the first day on which retired pay (or compensation
under section 603 in lieu of retired pay) would (but for such
revocation) begin to accrue with respect to such individual.
``(2) Manner of revoking.--Any revocation under this
subsection shall be made by filing a written notice with the
Director of the Office of Personnel Management, which shall
transmit a copy of each notice filed under this subsection to
the chief judge.
``(3) Effect of revocation.--If an individual revokes an
election pursuant to paragraph (1)--
``(A) the individual shall be treated, for purposes
of this section, as not having filed an election to
receive retired pay under subsection (h);
``(B) no credit shall be allowed for any service as
an immigration judge unless, with respect to such
service--
``(i) there has been deducted and withheld
the amount required by the civil service
retirement laws; or
``(ii) there has been deposited in the
Civil Service Retirement and Disability Fund an
amount equal to the amount so required, with
interest;
``(C) the Immigration Courts shall deposit into the
Civil Service Retirement and Disability Fund an amount
equal to the additional amount that would have been
contributed to such Fund absent the election under
subsection (i); and
``(D) service on the Immigration Courts shall be
treated as service with respect to which deductions and
contributions had been made during the period of
service.
``(n) Thrift Savings Plan.--
``(1) Election to contribute.--
``(A) In general.--An immigration judge may elect
to contribute to the Thrift Savings Plan established
under section 8437 of title 5, United States Code.
``(B) Period of election.--An election may be made
pursuant to subparagraph (A) only during a period
provided under section 8432(b) of such title for
individuals subject to chapter 84 of such title.
``(2) Applicability of title 5 provisions.--Except as
otherwise provided under this subsection, the provisions of
subchapters III and VII of chapter 84 of title 5, United States
Code, shall apply with respect to an immigration judge who
makes an election pursuant to paragraph (1).
``(3) Special rules.--
``(A) Amount contributed.--The amount contributed
by an immigration judge to the Thrift Savings Plan in
any pay period may not exceed the maximum percentage of
such immigration judge's basic pay for such period as
allowable under section 8440f of title 5, United States
Code. Basic pay does not include any retired pay paid
pursuant to this section.
``(B) Contributions for benefit of immigration
judge.--No contributions may be made for the benefit of
an immigration judge under section 8432(c) of title 5,
United States Code.
``(C) Applicability of section 8433(b) of title 5
whether or not immigration judge retires.--Section
8433(b) of title 5, United States Code, shall apply
with respect to an immigration judge who--
``(i) makes an election described in
paragraph (1); and
``(ii)(I) retires pursuant to subsection
(g); or
``(II) ceases to serve as an immigration
judge without retiring pursuant to subsection
(g).
``(D) Effect of retirement on federal employees'
retirement system.--Retirement under subsection (g)
shall be deemed as a separation from service for
purposes of subchapters III and VII of chapter 84 of
title 5, United States Code.
``(E) Applicability of section 8351(b)(5) of title
5.--The provisions of section 8351(b)(5) of title 5,
United States Code, shall apply with respect to an
immigration judge who makes an election under paragraph
(1).
``(F) Exception.--Notwithstanding subparagraphs (C)
and (D), if any immigration judge retires under this
section, or resigns without having met the age and
service requirements set forth in subsection (g)(2),
and such immigration judge's nonforfeitable account
balance is less than the amount that the Executive
Director of the Federal Retirement Thrift Investment
Board prescribes by regulation, the Executive Director
shall pay the nonforfeitable account balance to the
participant in a single payment.
``SEC. 603. TEMPORARY IMMIGRATION JUDGES AND COURT FACILITIES.
``(a) In General.--Subject to subsection (c), if the administrative
council determines, based on specific and credible facts, that the
current resources of the Immigration Courts are insufficient for the
expeditious and effective administration of justice, the appellate
division may exercise its authority, en banc--
``(1) to appoint temporary immigration trial judges, which
appointments shall be undertaken in accordance with section
602, to the extent practicable;
``(2) to recall retired immigration trial judges or
immigration appeals judges described in subsection (b); and
``(3) to establish temporary court facilities in designated
geographic areas.
``(b) Recall of Retired Judges.--
``(1) Eligibility.--A retired immigration judge may be
recalled for service if the judge provides to the clerk of the
Immigration Courts written notice that the judge is willing to
be recalled for service in accordance with this subsection.
``(2) Authority of recalled judges.--An immigration judge
who is recalled to serve as an immigration appeals judge or an
immigration trial judge--
``(A) may exercise all of the judicial powers and
duties of such judges in regular active service, except
as specifically provided in this subtitle; and
``(B) shall not be counted for purposes of
subsection (b)(1) or (c)(2) of section 601.
``(3) Compensation.--An immigration judge who is recalled
for service under this subsection shall be paid at the rate of
pay in effect under section 602(e) for the position at the time
of such recall, less the amount of the judge's retirement
annuity, if any.
``(4) Effect on civil service retirement.--
``(A) In general.--Except as provided in subsection
(d), an immigration judge who retired under chapter 83
or 84 of title 5, United States Code, and is recalled
for service shall be considered to be a reemployed
annuitant under such chapters.
``(B) Savings provision.--Nothing in this
subsection may be construed to affect the right of an
immigration judge who retired under chapter 83 or 84 of
title 5, United States Code, to serve as a reemployed
annuitant in accordance with the applicable provisions
of title 5, United States Code.
``(c) Reporting Requirements.--
``(1) Initial report.--Before exercising the authority
described in subsection (a), the appellate division shall
submit a report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives that includes--
``(A) the specific and credible facts that led to
the determination that additional court resources are
required;
``(B) an assessment regarding the number of
temporary immigration judges or court facilities that
are required; and
``(C) an estimate regarding the length of the
period during which the appellate division expects the
immigration judges or court facilities described in
subsection (a) to remain in place.
``(2) Additional reporting.--Not later than 30 days after
exercising the authority under subsection (a) and every 30 days
thereafter while such additional judges or facilities are in
place, the appellate division shall submit a report to the
congressional committees referred to in paragraph (1) regarding
the current status of the Immigration Courts and the continuing
need for such temporary immigration judges or court facilities.
``(3) Reduction in resources and termination.--
``(A) Gradual reduction in resources.--
Notwithstanding section 602(g), the appellate division,
exercising its authority en banc in accordance with
section 601(b)(4), shall terminate the appointment of
any temporary immigration judges and close any
temporary court facilities that the appellate division,
in consultation with the administrative council,
determines are no longer required.
``(B) Termination.--All temporary immigration judge
appointments shall be rescinded and all temporary court
facilities shall be closed upon the earliest of--
``(i) the date on which the appellate
division determines, in consultation with the
administrative council, that regular court
resources are sufficient to resume normal court
operations;
``(ii) the date on which Congress passes a
concurrent resolution directing that such
actions be taken; or
``(iii) 210 days after the date on which
the appellate division submits its initial
report pursuant to paragraph (1), unless
Congress enacts a law that extends such 210-day
period.
``SEC. 604. JURISDICTION.
``(a) Appellate Division Jurisdiction.--
``(1) In general.--The appellate division of the
Immigration Courts shall have jurisdiction over--
``(A) appeals of immigration trial judge decisions
described in section 625(c);
``(B) appeals of decisions by the Secretary of
Homeland Security regarding petitions filed pursuant to
section 204 to classify an alien described in section
201(b)(2)(A)(i) or 203(a); and
``(C) original proceedings and appeals in
disciplinary matters concerning attorneys and
practitioners before the Immigration Courts.
``(2) Savings provision.--In addition to the matters
described in paragraph (1), the appellate division shall have
jurisdiction to hear and decide all other matters over which
the Board of Immigration Appeals had authority on the day
before the application date (as defined in section 496(a) of
the Real Courts, Rule of Law Act of 2026).
``(b) Trial Division Jurisdiction.--
``(1) In general.--The trial division of the Immigration
Courts shall have original jurisdiction over--
``(A) removal proceedings described in sections 238
and 240;
``(B) review of rescissions of lawful permanent
residence under section 246;
``(C) review of credible fear determinations under
section 235 and reasonable fear determinations for
aliens subject to reinstated orders of removal under
section 241;
``(D) review of--
``(i) applications for asylum referred by
the Secretary of Homeland Security if the
applicant is barred from being placed in
removal proceedings under section 240; and
``(ii) referrals for protection under
section 241(b)(3) or the Convention against
Torture and Other Cruel, Inhuman, or Degrading
Treatment of Punishment, done at New York
December 10, 1984, if the individual is not in
removal proceedings and is barred from asylum
under title II;
``(E) determinations relating to bond, custody, or
the detention of any alien in the custody of the
Department of Homeland Security;
``(F) determinations regarding whether
administrative actions arising from applications or
petitions filed by or on behalf of the alien and that
are pending during the course of the alien's removal
proceedings under section 240 have been unlawfully
withheld or unreasonably delayed; and
``(G) disciplinary matters concerning attorneys and
practitioners before the Immigration Courts.
``(2) Savings provision.--In addition to the matters
described in paragraph (1), the trial division shall have
jurisdiction to hear and decide all other matters over which
immigration judges had authority on the day before the
application date (as defined in section 496(a) of the Real
Courts, Rule of Law Act of 2026).
``Subtitle B--Procedure and Appellate Review
``SEC. 621. PROCEEDINGS.
``(a) Trial Division Proceedings.--
``(1) In general.--Except as provided in section 604(a),
all proceedings before the Immigration Courts shall originate
in the trial division. Proceedings before the trial division
shall be heard and decided by a single immigration trial judge,
with matters assigned to such judges in a manner determined by
the appellate division.
``(2) Authority of trial division.--In presiding over
matters before the trial division, immigration trial judges
may--
``(A) record and receive evidence, administer
oaths, examine and cross-examine witnesses, set
deadlines, and render findings of fact and conclusions
of law;
``(B) render decisions on respondents' prima facie
and discretionary eligibility for relief from removal;
and
``(C) order and take depositions, issue subpoenas
requiring the attendance and testimony of witnesses and
the production of documents or other evidence, and
order responses to written interrogatories.
``(b) Appellate Division Proceedings.--
``(1) In general.--Except as provided by rules established
by the appellate division, proceedings before the appellate
division shall be heard and decided by immigration appeals
judges sitting in panels of 3 such judges or en banc, and
decisions shall be made by majority vote. Any decision of a
panel may be reconsidered by the court sitting en banc.
``(2) Precedence in appellate division.--The chief judge of
the Immigration Courts shall have precedence and preside at any
session of the appellate division that such judge attends.
Other immigration appeals judges shall have precedence and
preside in the appellate division according to the seniority of
their original commissions and, for judges whose commissions
bear the same date, according to seniority in age.
``(c) Contempt Authority.--
``(1) In general.--Immigration judges shall have the
authority to sanction, by civil money penalty, any individual
whose action or inaction obstructs the administration of
justice or is otherwise in contempt of the lawful authority of
such judge or the Immigration Courts.
``(2) Notice.--No individual may be sanctioned for contempt
under paragraph (1) without first receiving notice of the
charges and an opportunity to rebut such charges.
``(d) Assistance to the Court.--
``(1) In general.--The Immigration Courts shall have such
assistance in carrying out its lawful writ, process, order,
rule, decree, or command, including nationwide service of a
subpoena, as is available to a court of the United States (as
defined in section 451 of title 28, United States Code).
``(2) Attendance by marshal.--The United States marshal for
a district in which the immigration trial judge is sitting, if
requested by the presiding judge, shall attend any court
proceeding in that district, and may otherwise provide, when
requested by the chief trial judge of that immigration trial
court, for the security of the immigration trial court,
including the personal protection of judges, court officers,
witnesses, and other threatened persons in the interests of
justice, where criminal intimidation impedes on the functioning
of the judicial process or any other official proceeding. The
United States Marshals Service retains final authority
regarding security requirements for the Immigration Courts.
``(e) Opinions and Orders.--
``(1) In general.--Opinions and orders of the Immigration
Courts shall be issued in accordance with rules promulgated by
the appellate division, except that decisions on the merits of
an application or request for relief from removal rendered by
the trial division or the appellate division, to the greatest
extent practicable--
``(A) shall be issued in the form of a written
opinion; and
``(B) shall include an analysis of the facts of the
case and the legal reasoning for such decision.
``(2) Precedents.--Unless subsequently modified or reversed
by the appellate division, the court of appeals for the
respective judicial circuit, or the Supreme Court, precedent
decisions of the appellate division shall be binding on all
immigration judges and all officers and employees of an
Executive agency (as defined in section 105 of title 5, United
States Code) with powers, functions, and duties under this Act
and other laws relating to the immigration and naturalization
of aliens.
``(f) Recusal of Judges.--Section 455 of title 28, United States
Code, shall apply to all immigration judges and to all proceedings of
the Immigration Courts.
``SEC. 622. IMMIGRATION COURTS RULES OF PRACTICE AND PROCEDURE.
``(a) In General.--The appellate division shall exercise its en
banc authority to promulgate rules of practice and procedure before the
trial division and the appellate division, including--
``(1) rules governing the representation of parties, which
shall--
``(A) provide for the admission of qualified
attorneys to practice before the Immigration Courts
and, as appropriate, for the admission of qualified
non-attorney representatives;
``(B) prescribe standards of practice and
professional conduct, which shall apply to all
attorneys and practitioners that appear before the
Immigration Courts; and
``(C) provide for disciplinary proceedings before
the Immigration Courts for attorneys and practitioners
who do not comply with the standards prescribed
pursuant to subparagraph (B);
``(2) rules governing the exercise of the appellate
division's en banc authority over adjudicative matters,
including decisions of an appellate division panel;
``(3) rules setting forth the types of matters that are
appropriate for review by a single appellate judge;
``(4) subject to section 621(e), rules governing the
issuance of opinions and written orders, and precedent
decisions;
``(5) rules governing the use of video teleconferencing
technology or other similar technologies, with a presumption
against the use of video teleconferencing in proceedings where
the alien's eligibility for relief from removal is being
evaluated, unless requested by the alien;
``(6) procedures, consistent with section 602(f)(2), for
receiving, investigating, and resolving complaints regarding
the conduct of immigration judges; and
``(7) all other policies, and procedures assigned to the
appellate division under this title.
``(b) Local Rules.--Each chief trial judge may establish local
rules of practice and procedure, provided that--
``(1) such rules are consistent with the provisions of this
title;
``(2) a majority of immigration trial judges on the
immigration trial court of such chief judge concur to the local
rules; and
``(3) the chief judge approves the local rules.
``(c) Immigration Court Fees.--
``(1) In general.--The appellate division shall prescribe
rules providing for the collection of reasonable filing fees
and other fees, as appropriate. Each such fee may not exceed
the fee charged and collected for the same or a substantially
similar purpose by the Federal district courts or by the
Department of Homeland Security.
``(2) Waiver.--Rules promulgated by the appellate division
shall include procedures under which any such fee may be waived
in the case of financial hardship.
``(d) Publication of Rules and Fees.--The administrative division
shall maintain a public website that contains or consolidates current
information on all rules and fees of the Immigration Courts, including
all local rules established pursuant to subsection (b).
``SEC. 623. REPRESENTATION OF PARTIES AND OTHER ASSISTANCE.
``(a) Right to Counsel.--In any proceeding before the Immigration
Courts, the person or party concerned shall have the privilege of being
represented (at no expense to the Federal Government) by such counsel,
authorized to practice before the Immigration Courts, of his or her
choosing.
``(b) Interpreters.--The Immigration Courts shall establish a
program to ensure the use of qualified interpreters in proceedings
before the Immigration Courts.
``(c) Legal Orientation Program.--The Immigration Courts shall
maintain, through agreements with legal services and other nonprofit
organizations, a legal orientation program that explains the Court's
procedures and provides basic legal information to individuals who are
or may become parties to proceedings before the Immigration Courts.
``SEC. 624. AVAILABILITY OF INFORMATION.
``(a) Publication of Precedent Decisions.--Precedent decisions of
the appellate division shall be published in such form and manner as
may be best adapted for public information and use.
``(b) Publication of Non-Precedent Decisions and Records.--
``(1) In general.--Subject to paragraph (2), all non-
precedent decisions of the Immigration Courts and all briefs,
motions, documents, and exhibits received by such court
(including hearing transcripts) shall be made available to the
public.
``(2) Confidential information.--The Immigration Courts
shall preserve the confidentiality of information relating to
matters involving national security, asylum and other forms of
protection, and claims under the Violence Against Women Act of
1994 (title IV of Public Law 103-322; 108 Stat. 1902, et seq.)
or under any other applicable law. The Immigration Courts may
take such action as may be necessary to prevent the disclosure
of confidential information in its proceedings and records,
including requiring that such information be placed under seal
and opened only as directed by the Immigration Courts.
``SEC. 625. SCOPE OF REVIEW AND APPEALS.
``(a) In General.--In any proceeding before the Immigration Courts,
the immigration judge shall--
``(1) consider de novo all constitutional claims and
questions of law; and
``(2) compel administrative action on an application or
petition filed by or on behalf of the alien that is unlawfully
withheld or unreasonably delayed.
``(b) Trial Division Proceedings.--The decision of an immigration
trial judge shall be based only on the evidence produced at the hearing
and shall set forth the judge's findings of fact, reasoning to support
discretionary determinations, and conclusions of law. Immigration trial
judges may take judicial notice of commonly known facts.
``(c) Review by Appellate Division.--
``(1) In general.--In considering an appeal from an
immigration trial judge decision, the appellate division shall
limit its review to the scope of issues raised on appeal and
shall conduct its review of the decision based on the record of
proceedings of the trial division.
``(2) Fact finding.--Aside from taking judicial notice of
commonly known facts, the appellate division shall not engage
in fact finding in considering an appeal of an immigration
trial judge decision, and shall defer to the factual findings
of the immigration trial judge unless such findings are
challenged and determined to be clearly erroneous.
``(d) Review by the United States Courts of Appeals.--A decision of
the appellate division may be appealed by a party to such proceeding
and reviewed by the United States court of appeals for the judicial
circuit wherein venue lies, in accordance with section 242, as
applicable. If the Federal Government appeals a decision pursuant to
this subsection, and the court finds that the alien party to such
appeal is financially unable to obtain adequate representation,
representation for such alien shall be provided through the plan for
representation on appeal that is in effect under section 3006A of title
18, United States Code.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended
by adding at the end the following:
``TITLE VI--UNITED STATES IMMIGRATION COURTS
``Subtitle A--Organization and Jurisdiction
``Sec. 601. Establishment and structure.
``Sec. 602. Immigration appeals judges and trial judges.
``Sec. 603. Temporary immigration judges and court facilities.
``Sec. 604. Jurisdiction.
``Subtitle B--Procedure and Appellate Review
``Sec. 621. Proceedings.
``Sec. 622. Immigration courts rules of practice and procedure.
``Sec. 623. Representation of parties and other assistance.
``Sec. 624. Availability of information.
``Sec. 625. Scope of review and appeals.''.
SEC. 493. EMPLOYEES.
(a) Clerk of the Court.--The chief judge of the United States
Immigration Courts may appoint, and prescribe the duties for, a clerk
of the court without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(b) Chambers Staff.--Immigration judges appointed pursuant to title
VI of the Immigration and Nationality Act, as added by section 492(a),
may appoint law clerks and secretaries, in such numbers as the
appellate division approves, without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service.
(c) Other Court Staff.--The clerk of the court appointed pursuant
to subsection (a) and the chief administrative officer of the
administrative division of the United States Immigration Courts may
appoint deputies and employees, in such numbers as the appellate
division approves, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
(d) Staff Salaries.--The appellate division of the United States
Immigration Courts may fix and adjust the rates of basic pay for the
clerk, the chief administrative officer, and other employees of the
Immigration Courts without regard to the provisions of chapter 51,
subchapter III of chapter 53, or section 5373 of title 5, United States
Code. To the maximum extent feasible, such employees shall be
compensated at rates consistent with those for employees holding
comparable positions in the judicial branch.
(e) Preference Eligibles.--In making appointments pursuant to
subsections (a) through (c), preference shall be given, among equally
qualified persons, to persons who are preference eligible (as defined
in section 2108(3) of title 5, United States Code).
(f) Experts and Consultants.--The United States Immigration Courts
may procure the services of experts and consultants as provided under
section 3109 of title 5, United States Code.
SEC. 494. BUDGET AND EXPENDITURES.
(a) Court Budget.--The budget of the United States Immigration
Courts for each fiscal year shall be--
(1) established by the Immigration Courts, without review
or modification by the executive branch; and
(2) included in the budget submitted to Congress by the
President pursuant to section 1105 of title 31, United States
Code.
(b) Permissible Court Expenditures.--
(1) In general.--The Immigration Courts may make such
expenditures as may be necessary to execute efficiently the
judicial and administrative functions vested in the Courts,
including expenditures for personal services, rent at the seat
of Government and elsewhere, law books, books of reference, and
periodicals.
(2) Manner of expenditure.--The Immigration Courts may
receive and expend funds appropriated to the Immigration
Courts--
(A) directly; or
(B) by transferring such funds to--
(i) the Director of the Administrative
Office of the United States Courts;
(ii) another court established under
article I of the Constitution; or
(iii) an Executive agency (as defined in
section 105 of title 5, United States Code).
(3) Approved expenses.--Funds expended pursuant to this
subsection may be used for administrative support and guidance
(including budgetary and financial, payroll and personnel,
protective and security, recordkeeping and statistical, and
information technology services) requested by the Immigration
Courts and approved by the Director, court, or agency,
respectively.
(c) Method and Source of Expenditures.--All expenditures of the
United States Immigration Courts shall be allowed and paid upon
presentation of itemized vouchers signed by the certifying officer
designated by the chief judge.
SEC. 495. ANNUAL REPORT.
(a) In General.--Not later than April 1 of each year, the chief
judge of the United States Immigration Courts shall submit a report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that summarizes the workload
of the Immigration Courts during the preceding fiscal year.
(b) Contents.--The report described in subsection (a) shall
contain--
(1) demographic information, including the age, gender, and
nationality of respondents appearing before the United States
Immigration Courts, and rates at which such respondents are
represented by counsel;
(2) outcomes of removal proceedings, including grant rates
for immigration relief, disaggregated by geographical area and
immigration trial judge;
(3) outcomes of bond hearings, disaggregated by
geographical area and immigration trial court;
(4) the number of cases currently pending before the trial
and appellate divisions of the Immigration Courts, and the
change in such number from the prior fiscal year;
(5) the average number of days for which a respondent waits
to have their case heard, disaggregated by geographical area;
and
(6) any information requested by the congressional
committees referred to in subsection (a), provided that such
request is timely and reasonable.
SEC. 496. APPLICATION DATE; TRANSITIONAL PROVISIONS.
(a) Application Date.--The United States Immigration Courts may not
begin to exercise the functions of the courts under this subtitle and
the amendments made by section 492 until on or after the date (referred
to in this section and in section 497 as the ``application date'')--
(1) that is--
(A) the first day of the first full fiscal year
after the date of the enactment of this Act, if such
date is 180 days or more after such date of enactment;
or
(B) the first day of the second full fiscal year
after the date of the enactment of this Act, if the
first day of the first full fiscal year after such date
of enactment is less than 180 days after such date of
enactment; and
(2) on which 3 or more immigration appeals judges have been
duly appointed by the President, in accordance with procedures
set forth in subsection (c) and in section 601(b)(2) of the
Immigration and Nationality Act, as added by section 492(a).
(b) Transition Period and Appointment of Interim Immigration Trial
Judges.--
(1) Defined term.--In this section, the term ``transition
period'' means the 4-year period beginning on the application
date.
(2) Interim immigration trial judges.--
(A) In general.--Each individual serving as an
immigration judge in the Executive Office for
Immigration Review on the day before the application
date shall be redesignated as an interim immigration
trial judge on such date.
(B) Authority of interim immigration trial
judges.--Interim immigration trial judges are
authorized to exercise all of the powers of an
immigration trial judge provided under title VI of the
Immigration and Nationality Act, as added by section
492(a).
(C) Term of service.--An interim immigration trial
judge may serve until the earlier of--
(i) the first date on which--
(I) the transition period has
ended; and
(II) a successor has been
appointed; or
(ii) the date that is 5 years after the
application date.
(D) Appointment.--An otherwise qualified interim
immigration trial judge may be appointed as an
immigration trial judge.
(E) Credit and eligibility for benefits.--Service
as an interim immigration trial judge shall be included
in the same manner as service as an immigration trial
judge for purposes of calculating service credit,
retirement eligibility, and disability.
(F) Separation.--Nothing in this subtitle or in the
amendments made by this subtitle may be construed--
(i) to preclude an interim immigration
trial judge who is not appointed for a term
appointment by the appellate division pursuant
to section 601(c)(2) of the Immigration and
Nationality Act, as added by section 492(a),
from eligibility for appointment as an
administrative judge, an administrative law
judge, or an attorney position in a Federal
agency; or
(ii) to make a judge described in clause
(i) ineligible for early retirement under
section 8336(d)(2)(D) or 8414(b)(1)(B) of title
5, United States Code.
(c) First Appointments to the United States Immigration Courts.--
(1) Appellate division.--
(A) In general.--Notwithstanding section
601(b)(2)(B) of the Immigration and Nationality Act, as
added by section 492(a), of the first 21 immigration
appeals judges appointed pursuant to section
601(b)(2)(A) of such Act--
(i) the terms of the first 7 such judges so
appointed shall terminate on the date that is 5
years after the application date;
(ii) the terms of the next 7 such judges so
appointed shall terminate on the date that is
10 years after the application date; and
(iii) the terms of the last 7 such judges
so appointed shall terminate on the date that
is 15 years after the application date.
(B) Succession.--Each immigration appeals judge
described in subparagraph (A) may continue to serve
after the expiration of his or her initial designated
term if such judge is reappointed in accordance with
section 601(b)(2)(B) of the Immigration and Nationality
Act, as added by section 492(a).
(2) Trial division.--Not later than 180 days before the
last day of the transition period, the appellate division shall
establish procedures and requirements related to the
appointment of immigration trial judges.
(3) Clarification.--Notwithstanding paragraphs (1) and (2)
and section 601 of the Immigration and Nationality Act, as
added by section 492(a), any individual appointed to fill an
immigration trial judge vacancy during the transition period
shall serve until the earlier of--
(A) the first date on which--
(i) the transition period has ended; and
(ii) a successor has been appointed in
accordance with section 602 of the Immigration
and Nationality Act, as added by section
492(a); or
(B) the date that is 1 year after the last day of
the transition period.
(d) Prior Service Credit.--
(1) Defined term.--In this subsection, the term ``covered
immigration judge'' means--
(A) an immigration appeals judge appointed pursuant
to section 601(b) of the Immigration and Nationality
Act, as added by section 492(a);
(B) an immigration trial judge appointed pursuant
to section 601(c) of the Immigration and Nationality
Act, as added by section 492(a); or
(C) an interim immigration trial judge redesignated
as such pursuant to subsection (b)(2)(A).
(2) Computation of years of service.--The period during
which a covered immigration judge who elects to receive retired
pay under section 602(i)(1) of the Immigration and Nationality
Act, as added by section 492(a), serves as a member of the
Board of Immigration Appeals, an immigration judge, or an
administrative law judge in the Executive Office for
Immigration Review of the Department of Justice, shall be
included (up to a maximum of 5 years) in the service of such
individual on the Immigration Courts for purposes of computing
the years of service as an immigration judge.
SEC. 497. INSTITUTIONAL TRANSFER; CONTINUITY OF PROCEEDINGS.
(a) Existing Precedent.--
(1) In general.--Precedential decisions by the Attorney
General or the Board of Immigration Appeals under title II of
the Immigration and Nationality Act (8 U.S.C. 1151 et seq.)
that were issued before the application date shall continue to
serve as precedent in proceedings before the Immigration Courts
unless explicitly overruled by the appellate division.
(2) Rules.--To the extent that such rules are consistent
with this subtitle and the amendments made by this subtitle,
the rules of the Attorney General that were in effect before
the application date shall remain in effect until amended or
revoked by the appellate division.
(b) Institutional Transfer.--
(1) Executive office for immigration review.--
(A) In general.--Except as provided in subparagraph
(B), all functions under the Executive Office for
Immigration Review on the day before the application
date shall be transferred to the Immigration Courts on
the application date.
(B) Exceptions.--
(i) OCAHO.--The Office of the Chief
Administrative Hearing Officer and the
functions of the Executive Office for
Immigration Review that support such office
shall remain under the jurisdiction of the
Department of Justice.
(ii) Other functions.--The functions of the
Executive Office for Immigration Review that
are not necessary or appropriate to be
transferred to the Immigration Courts shall be
reassigned to other agencies within the
Department of Justice or dissolved, at the
discretion of the Attorney General.
(2) Transfer and allocation of appropriations and
personnel.--Except as otherwise provided under this section,
the personnel of the Executive Office for Immigration Review
who are employed in connection with any functions transferred
pursuant to paragraph (1)(A), and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available to, the Executive Office for Immigration Review, in
connection with such functions transferred pursuant to
paragraph (1)(A), subject to section 1531 of title 31, United
States Code, shall be transferred to the Immigration Courts on
the application date. Unexpended funds transferred pursuant to
this paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(3) Pending cases.--
(A) Rule of construction.--Nothing in this subtitle
may be construed to result in any loss of rights or
powers, interruption of jurisdiction, or prejudice to
matters under title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) that are
pending before the Board of Immigration Appeals or an
immigration judge on the application date.
(B) Transfer.--All proceedings under title II of
the Immigration and Nationality Act (8 U.S.C. 1151 et
seq.) that are pending before the Board of Immigration
Appeals or an immigration judge on the application date
shall be transferred to the Immigration Courts to
proceed before the trial division or the appellate
division, as appropriate.
SEC. 498. REVIEW BY THE JUDICIAL CONFERENCE; CONSULTATION REQUIREMENTS.
(a) Quadrennial Review.--The Judicial Conference of the United
States shall conduct a review of adjudications in the United States
Immigration Courts not less frequently than quadrennially as part of
its comprehensive survey of business in the courts of the United States
conducted pursuant to section 331 of title 28, United States Code.
(b) Report.--At the conclusion of each review conducted pursuant to
subsection (a)--
(1) the Judicial Conference shall submit a report
containing its findings from such review to--
(A) the appellate division;
(B) the Committee on the Judiciary of the Senate;
and
(C) the Committee on the Judiciary of the House of
Representatives; and
(2) the report submitted pursuant to paragraph (1) shall be
printed in the Congressional Record.
SEC. 499. TECHNICAL AND CONFORMING PROVISIONS.
(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended--
(1) in section 101(b), by amending paragraph (4) to read as
follows:
``(4) The term `immigration judge' means an immigration trial judge
or an immigration appeals judge appointed to serve in the United States
Immigration Courts established under title VI.'';
(2) in section 238--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``Attorney
General'' and inserting ``Immigration
Courts''; and
(II) by striking ``Service'' and
inserting ``Department of Homeland
Security'';
(ii) in paragraph (2), by striking
``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland
Security'';
(iii) in paragraph (3)--
(I) by amending subparagraph (A) to
read as follows:
``(A) Notwithstanding any other provision of law, in the case of
any alien convicted of an aggravated felony, removal proceedings, and
any administrative appeals relating to such removal, shall be
completed, to the extent possible, before the alien's release from
incarceration for the underlying aggravated felony.''; and
(II) in subparagraph (B), by
striking ``Attorney General'' and
inserting ``Secretary of Homeland
Security''; and
(iv) in paragraph (4)(A), by striking
``Attorney General'' each place such term
appears and inserting ``administrative council
of the Immigration Courts'';
(B) in subsection (b)--
(i) in paragraph (1), by striking
``Attorney General'' and inserting
``immigration judge''; and
(ii) in paragraph (3)--
(I) by striking ``Attorney
General'' and inserting ``Secretary of
Homeland Security''; and
(II) by striking ``apply for'' and
inserting ``seek'';
(iii) by amending paragraph (4) to read as
follows:
``(4) In any proceeding under this subsection--
``(A) the alien shall--
``(i) be given reasonable notice of the
charges and of the opportunity described in
subparagraph (C);
``(ii) have the privilege of being
represented (at no expense to the Government)
by such counsel, authorized to practice in such
proceedings, as the alien shall choose; and
``(iii) have a reasonable opportunity to
inspect the evidence and rebut the charges; and
``(B) the immigration judge shall ensure that--
``(i) a determination is made for the
record that the individual upon whom the notice
for the proceeding under this section is served
(either in person or by mail) is, in fact, the
alien named in such notice; and
``(ii) a record is maintained for judicial
review.'';
(iv) in paragraph (5)--
(I) by striking ``Attorney General
may'' and inserting ``immigration judge
may''; and
(II) by striking ``Attorney
General's'' and inserting ``immigration
judge's'';
(C) by redesignating the second subsection (c) (as
previously redesignated by section 671(b)(13) of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208)) as
subsection (d); and
(D) in subsection (d), as redesignated--
(i) by striking ``Commissioner'' each place
such term appears and inserting ``Secretary of
Homeland Security'';
(ii) in paragraph (2)(A), by striking
``Service'' and inserting ``Secretary of
Homeland Security''; and
(iii) in paragraphs (2)(D)(iv) and (4), by
striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(3) in section 239--
(A) in subsection (a), by striking ``Attorney
General'' each place such term appears and inserting
``Immigration Courts'';
(B) in subsection (b)--
(i) in paragraph (2), by striking
``Attorney General'' and inserting
``Immigration Courts''; and
(ii) in paragraph (3), by striking
``Attorney General'' and inserting
``immigration judge''; and
(C) in subsection (d)(1), by striking ``Attorney
General'' and inserting ``immigration judge'';
(4) in section 240--
(A) in subsection (b)--
(i) by striking paragraphs (1) and (6);
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (1) through (4),
respectively;
(iii) by redesignating paragraph (7) as
paragraph (5);
(iv) by amending paragraph (1), as
redesignated, to read as follows:
``(1) Form of proceeding.--The proceeding may take place--
``(A) in person; or
``(B) through video conference, subject to rules
promulgated pursuant to section 622(a)(5).'';
(v) in paragraph (2), as redesignated, by
striking ``Attorney General'' and inserting
``immigration judge'';
(vi) in paragraph (3), as redesignated--
(I) in the matter preceding
subparagraph (A), by striking ``, under
regulations of the Attorney General'';
and
(II) in subparagraph (A), by
striking ``, at no expense to the
Government, by counsel of the alien's
choosing who is authorized to practice
in such proceedings'' and inserting
``in accordance with section 623(a)'';
and
(vii) in paragraph (4)(A), as
redesignated--
(I) by striking ``Service'' and
inserting ``Government''; and
(II) by amending the last sentence
to read as follows: ``Written notice
shall be considered sufficient for
purposes of this subparagraph if
provided at the most recent address
provided under section 239(a)(1)(F).'';
(B) in subsection (c)--
(i) in paragraph (2), in the matter
following subparagraph (B), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security'';
(ii) in paragraph (3)--
(I) by striking ``service'' in the
paragraph heading and inserting
``government''; and
(II) by striking ``Service'' each
place such term appears and inserting
``Government''; and
(iii) in paragraph (7)(C)(iv)--
(I) in subclause (II)--
(aa) by striking ``Attorney
General'' and inserting
``immigration judge''; and
(bb) by striking
``Immigration and
Naturalization Service'' and
inserting ``Secretary of
Homeland Security''; and
(II) in subclause (III)--
(aa) by striking ``Attorney
General may'' and inserting
``immigration judge may''; and
(bb) by striking ``Attorney
General's'' and inserting
``immigration judge's''; and
(C) in subsection (d), by amending the first
sentence to read as follows: ``An immigration judge may
enter an order of removal stipulated to by the alien
(or the alien's representative) and the Government.'';
(5) in section 242--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) in subparagraph (A), by
striking ``Attorney General'' each
place such term appears and inserting
``Secretary of Homeland Security''; and
(II) in subparagraph (B)(ii), by
striking ``Attorney General'' each
place such term appears and inserting
``the appellate division of the
Immigration Courts''; and
(ii) by adding at the end the following:
``(6) Venue.--For purposes of judicial review under this
section and section 625(d), the venue of a proceeding before
the court of appeals is in the judicial circuit in which--
``(A) an immigration trial judge of the Immigration
Court issued the original underlying decision in the
matter; or
``(B) the underlying administrative action reviewed
by the appellate division of the Court occurred.'';
(B) in subsection (b)--
(i) in paragraph (2), by inserting
``trial'' after ``immigration'';
(ii) in paragraph (3)(A)--
(I) by striking ``Attorney
General'' in the first sentence and
inserting ``United States''; and
(II) by amending the second
sentence to read as follows: ``The
petition shall be served on the
Attorney General and on the officer or
employee of the Department of Homeland
Security in charge of the district in
which the final order of removal under
section 240 was entered.'';
(iii) in paragraph (4)(D), by striking
``Attorney General's'' and inserting
``immigration judge's''; and
(iv) in paragraph (8), by striking
``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland
Security'';
(C) in subsection (e)--
(i) in paragraph (2)(C), by striking ``as
prescribed by the Attorney General''; and
(ii) in paragraph (3)(A)(ii), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(D) in subsection (g), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(6) in section 246(a)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking the second sentence and inserting
the following: ``Upon request of the individual whose
status has been rescinded, the Secretary of Homeland
Security shall refer such rescission to the United
States Immigration Courts for review in accordance with
section 604(b)(1)(B).''.
(b) Construction of Existing References.--To the extent consistent
with this subtitle, each reference in the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), or in any rule prescribed under such Act--
(1) to the Board of Immigration Appeals or an immigration
judge, or any administrative appeal, hearing, review, or other
proceeding before such Board or judge, shall be deemed to
refer, as appropriate, to the United States Immigration Courts
established under title VI of the Immigration and Nationality
Act, as added by section 492, to the appropriate division of
the Immigration Courts, or to the corresponding proceedings
under this subtitle before the Immigration Courts; and
(2) to the authority of the Attorney General to prescribe
rules with respect to the Executive Office for Immigration
Review, the Board of Immigration Appeals, immigration judges,
or administrative appeals, hearings, reviews, or other
proceedings conducted under the Immigration and Nationality
Act, by such Office, Board, or judges, shall be deemed to
confer rulemaking authority on the appellate division of the
United States Immigration Courts.
(c) Financial Disclosure Reporting.--Section 13101 of title 5,
United States Code, is amended--
(1) in paragraph (9), by inserting ``of the United States
Immigration Courts,'' after ``Court of Appeals for Veterans
Claims,''; and
(2) in paragraph (10), by inserting ``United States
Immigration Courts,'' after ``Court of Appeals for Veterans
Claims,''.
TITLE V--STRENGTHEN FREE SPEECH
SEC. 501. BROADCAST FREEDOM AND INDEPENDENCE ACT OF 2025.
(a) Findings.--Congress finds the following:
(1) The Federal Communications Commission (in this section
referred to as the ``FCC'') was established as an independent
agency by the Communications Act of 1934 (47 U.S.C. 151 et
seq.) for the purpose of ``regulating interstate and foreign
commerce in communication by wire and radio so as to make
available, so far as possible, to all the people of the United
States, without discrimination on the basis of race, color,
religion, national origin, or sex, a rapid, efficient,
nationwide, and worldwide wire and radio communication service
with adequate facilities at reasonable charges. . .''.
(2) Commissioners at the FCC, an independent agency, are
confirmed by Congress for specified terms and the President
does not have the power to remove them at will.
(3) The independence of the FCC is paramount to the FCC
carrying out its mission without political pressure or
intimidation.
(4) The FCC's priorities and agenda must be set by the FCC
without undue influence from the President or any advisors to
the President who do not work for the FCC.
(5) As established in section 326 of the Communications Act
of 1934 (47 U.S.C. 326), nothing in the FCC's authority ``shall
be understood or construed to give the Commission the power of
censorship over the radio communications or signals transmitted
by any radio station, and no regulation or condition shall be
promulgated or fixed by the Commission which shall interfere
with the right of free speech by means of radio
communication''.
(6) Investigations and threats of Commission action or
inaction must not be used to suppress certain viewpoints or
intimidate broadcast licensees into aligning with any political
agenda.
(b) Viewpoint Protection.--Title I of the Communications Act of
1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the
following:
``SEC. 14. VIEWPOINT PROTECTION.
``(a) Prohibition Against Retaliation on Basis of Viewpoint.--The
Commission may not revoke any license or other authorization of, or
otherwise take action against, any person on the basis, in whole or in
part, of viewpoints broadcast or otherwise disseminated by that person
or any person affiliated with that person.
``(b) Prohibition Against Conditions on Viewpoint in Transaction
Review.--The Commission may not place on any approval under subsections
(a), (b), and (c) of section 214 or section 310(d) any condition with
respect to viewpoints broadcast or otherwise disseminated by the person
seeking that approval, any successor of that person, or any person
affiliated with that person or successor.
``(c) No Effect on Certain Other Authority of Commission.--Nothing
in this section shall be construed to affect the authority of the
Commission to take action on the basis of, or to place a condition on
an approval described in subsection (b) with respect to--
``(1) a violation of--
``(A) section 1304 of title 18, United States Code,
or conduct that would constitute a violation of that
section if content disseminated by means other than
radio or television broadcast were disseminated by
means of radio or television broadcast;
``(B) section 1343 of title 18, United States Code;
or
``(C) section 1464 of title 18, United States Code,
or conduct that would constitute a violation of that
section if content disseminated by means other than
radio communication were disseminated by means of radio
communication; or
``(2) the broadcast or other dissemination of content that
constitutes incitement under the First Amendment to the
Constitution of the United States.''.
TITLE VI--REASSERT CONGRESS'S POWER OF THE PURSE
SEC. 601. PROHIBITION ON RESCISSIONS.
No amounts may be rescinded from amounts provided under any
appropriation Act (as defined in section 3 of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 622)), unless the
rescission is made through an appropriation Act.
SEC. 602. EAST WING MODERNIZATION PROJECT.
(a) Definition of East Wing Modernization Project.--In this
section, the term ``East Wing Modernization Project'' means the project
with the file number 8733 entitled ``East Wing Modernization Project''
for which the preliminary and final site and building plans were
approved by the National Capital Planning Commission on April 2, 2026.
(b) Prohibitions.--Nothing in this Act provides the authorization
of Congress to construct the East Wing Modernization Project and no
Federal funds or private donations may be used for the East Wing
Modernization Project absent express authorization of Congress after
the date of enactment of this Act.
TITLE VII--FIGHT GOVERNMENT CORRUPTION
SEC. 701. BRIBERY, GRAFT, AND CONFLICTS OF INTEREST.
(a) Title 18.--Chapter 11 of title 18, United States Code, is
amended--
(1) in section 203(a)--
(A) in paragraph (1)(A), by inserting ``President,
President-elect, Vice President, Vice President-
elect''; and
(B) in paragraph (2), by striking ``such a Member''
and all that follows through ``employee'' and inserting
``an individual described in subparagraph (A) or (B) of
paragraph (1)'';
(2) in section 207--
(A) in subsection (d)(1)(A), by inserting
``President or'' before ``Vice President'';
(B) in subsection (f), in the matter preceding
subparagraph (A), by inserting ``, or in the case of
the President or Vice President within 10 years,''
after ``1 year'';
(C) in subsection (i)--
(i) by inserting ``by whom or'' before ``to
whom''; and
(ii) in subparagraph (A), by inserting
``(b),'' before ``(c)'';
(D) in subsection (k), by adding at the end the
following:
``(6) The President and Vice President are not eligible for a
waiver.''; and
(E) by adding at the end the following:
``(m) Rule of Construction.--Nothing in this section shall be
construed to inhibit the authority of the President or the Vice
President to communicate or appear before the United States on their
own behalf or in connection with the exercise of a statutory right or
responsibility under the Presidential Transition Act of 1963 (3 U.S.C.
102 note), chapter 22 of title 44, United States Code (commonly known
as the `Presidential Records Act of 1978'), or the Act entitled `An Act
to provide retirement, clerical assistants, and free mailing privileges
to former Presidents of the United States, and for other purposes',
approved August 25, 1958 (commonly known as the `Former Presidents Act
of 1958') (3 U.S.C. 102 note).''; and
(3) in section 209(a), by inserting ``, including the
President and the Vice President,'' after ``United States
Government''.
(b) Title 5.--Section 13122(a) of title 5, United States Code, is
amended by adding ``, including the Executive Office of the President''
after ``section 105 of this title''.
(c) Code of Federal Regulations.--The Director of the Office of
Government Ethics shall amend section 2635.102(h) of title 5, Code of
Federal Regulations, or any successor regulation--
(1) by inserting ``, the President, and the Vice
President,'' after ``special Government employee''; and
(2) by striking ``For purposes other than subparts B and C
of this part, it does not include the President or Vice
President.''.
SEC. 702. ETHICS AND CONDUCT FOR THE PRESIDENT AND VICE PRESIDENT.
(a) In General.--Title 3 of the United States Code is amended by
adding at the end the following:
``CHAPTER 6--ETHICS AND CONDUCT FOR THE PRESIDENT AND VICE PRESIDENT
``Sec. 501. No remuneration or emoluments for the President and Vice
President.
``Sec. 502. Use of image, likeness, or name.
``Sec. 501. No remuneration or emoluments for the President and Vice
President
``(a) Definitions.--For purposes of this section:
``(1) Emolument.--The term `emolument' includes any profit,
gain, or advantage, whether received directly or indirectly or
through profit or revenue from any person or entity, including
an operating business.
``(2) Foreign state.--The term `foreign state' has the
meaning given the term `foreign government' under section 7342
of title 5.
``(b) Prohibition.--Neither the President nor the Vice President
shall, without the consent of the Congress, accept of any direct or
indirect remuneration nor emolument of any value from an entity,
foreign or domestic, where the official has substantial influence or
control, to include any holdings in trust.
``(c) Violation.--
``(1) In general.--A violation of subsection (b) shall
constitute a high crime or misdemeanor for purposes of section
4 of Article II of the Constitution of the United States.
``(2) Inspector general.--The Office of Inspector General
of the White House shall investigate any alleged violation of
subsection (b) and, upon a determination that a preponderance
of the evidence demonstrates that a violation occurred, may
seek an order of disgorgement from the United States District
Court for the District of Columbia.
``Sec. 502. Use of image, likeness, or name
``Unless approved by Congress--
``(1) the image, likeness, or name of any sitting President
or Vice President may not be used on United States passports;
and
``(2) no Federal building or property may be named after
such sitting President or Vice President.''.
(b) Table of Chapters.--The table of chapters for title 3 of the
United States Code is amended by adding at the end the following:
``6. Ethics and conduct for the President and Vice President 501''.
SEC. 703. BRINGING EXECUTIVE ACCOUNTABILITY, CLARITY, AND OVERSIGHT NOW
(BEACON) ACT.
(a) Establishment.--
(1) In general.--Section 401 of title 5, United States Code
(commonly referred to as the ``Inspector General Act of
1978''), is amended--
(A) in paragraph (1), by striking ``or the National
Reconnaissance Office'' and inserting ``the National
Reconnaissance Office, or the Executive Office of the
President''; and
(B) in paragraph (3), by striking ``or the Director
of the National Reconnaissance Office'' and inserting
``the Director of the National Reconnaissance Office;
or the President (with respect to the Executive Office
of the President)''.
(2) Appointment of inspector general.--Not later than 120
days after the date of enactment of this Act, the President
shall appoint an individual as the Inspector General of the
Executive Office of the President in accordance with the
requirements of section 403(a) of title 5, United States Code.
(b) Special Provisions.--Chapter 4 of title 5, United States Code,
is amended by inserting after section 424 the following:
``Sec. 425. Special provisions concerning the Executive Office of the
President
``(a) Audits, Investigations, and Issuance of Subpoenas.--
``(1) Authority, direction, and control.--Notwithstanding
the last 2 sentences of section 403(a), the Inspector General
of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect
to audits or investigations, or the issuance of subpoenas, that
require access to information concerning any of the following:
``(A) The identity of a confidential source,
including a protected witness.
``(B) An intelligence or counterintelligence
matter.
``(C) An undercover operation.
``(2) Prohibition in certain situations.--With respect to
the information described in paragraph (1), the President may
prohibit the Inspector General of the Executive Office of the
President from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpoena, after the
Inspector General has decided to initiate, carry out, or
complete such audit or investigation, or to issue such
subpoena, if the President determines that such prohibition is
necessary to prevent the disclosure of any information
described in paragraph (1).
``(3) Notice after prohibition.--
``(A) To inspector general.--If the President
exercises any power under paragraph (2), not later than
30 days after exercising any such power, the President
shall notify the Inspector General of the Executive
Office of the President in writing, stating the reasons
for exercising that power.
``(B) To congress.--Not later than 30 days after
receiving a notice under subparagraph (A), the
Inspector General of the Executive Office of the
President shall transmit a copy of the notice to the
chair and ranking member of each of the following:
``(i) The Committee on Homeland Security
and Governmental Affairs of the Senate.
``(ii) The Committee on the Judiciary of
the Senate.
``(iii) The Committee on Oversight and
Government Reform of the House of
Representatives.
``(iv) The Committee on the Judiciary of
the House of Representatives.
``(v) Any other appropriate committee or
subcommittee of Congress.
``(b) Semiannual Reports.--
``(1) Additional information to be included.--Any
semiannual report prepared by the Inspector General of the
Executive Office of the President under section 405(b) shall
also include the following:
``(A) With respect to each significant
recommendation on which corrective action has been
completed, a description of the corrective action.
``(B) A certification of whether the Inspector
General of the Executive Office of the President has
had full and direct access to all information relevant
to the performance of the functions of the Inspector
General.
``(C) A description of any audit, inspection, or
evaluation occurring during the reporting period in
which the Inspector General of the Executive Office of
the President could not obtain relevant information due
to an exercise of power by the President under
subsection (a)(2).
``(D) Such recommendations as the Inspector General
of the Executive Office of the President considers
appropriate with respect to efficiency in the
administration of programs and operations undertaken by
the President, and the detection and elimination of
fraud, waste, and abuse in such programs and
operations.
``(2) Submission to president.--Notwithstanding section
405(c), the Inspector General of the Executive Office of the
President shall submit to the President the semiannual reports
prepared under section 405(b), including the additional
information required under paragraph (1), not later than April
30 and October 31 of each year.
``(3) Transmission to congress.--Not later than 30 days
after submitting the semiannual report to the President under
paragraph (2), the Inspector General of the Executive Office of
the President shall transmit the semiannual report to the chair
and ranking member of each of the following:
``(A) The Committee on Homeland Security and
Governmental Affairs of the Senate.
``(B) The Committee on the Judiciary of the Senate.
``(C) The Committee on Oversight and Government
Reform of the House of Representatives.
``(D) The Committee on the Judiciary of the House
of Representatives.
``(c) Audit of the Office of the Inspector General of the Executive
Office of the President .--
``(1) In general.--Not later than 120 days after the
President appoints an individual as the Inspector General of
the Executive Office of the President, and annually thereafter,
the Council of Inspectors General on Integrity and Efficiency
shall conduct an audit of the Office of the Inspector General
of the Executive Office of the President to ensure that the
office is able to effectively provide oversight of the
Executive Office of the President.
``(2) Report.--Not later than October 31 after the first
audit is completed under paragraph (1), and annually
thereafter, the Council of Inspectors General on Integrity and
Efficiency shall submit to Congress a report on the findings of
the audit.''.
(c) Technical and Conforming Amendments.--
(1) In general.--Chapter 4 of title 5, United States Code,
is amended--
(A) in section 415(a)(2)--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D)
through (F) as subparagraphs (C) through (E),
respectively; and
(B) in section 418, by striking ``or 421'' and
inserting ``, 421, or 425''.
(2) Table of sections.--The table of sections for chapter 4
of title 5, United States Code, is amended by adding at the end
the following:
``425. Special provisions concerning the Executive Office of the
President.''.
(d) Over-Classification Audit.--
(1) Evaluations required.--The Inspector General of the
Executive Office of the President, in consultation with the
Information Security Oversight Office of the National Archives
and Records Administration, shall carry out 2 evaluations of
the Executive Office of the President--
(A) to assess whether applicable classification
policies, procedures, rules, and regulations have been
adopted, followed, and effectively administered within
the Executive Office of the President; and
(B) to identify policies, procedures, rules,
regulations, or management practices that may be
contributing to persistent misclassification of
material within the Executive Office of the President.
(2) Deadlines for evaluations.--
(A) Initial evaluation.--The first evaluation
required under paragraph (1) shall be completed not
later than 1 year after the date of enactment of this
Act.
(B) Second evaluation.--The second evaluation
required under paragraph (1) shall review progress made
pursuant to the results of the first evaluation and
shall be completed not later than 1 year after the date
on which the first evaluation is completed.
(3) Coordination.--The Inspector General of the Executive
Office of the President shall coordinate with other Inspectors
General and the Information Security Oversight Office to ensure
that evaluations follow a consistent methodology, as
appropriate, that allows for cross-agency comparisons.
(4) Reports required.--
(A) In general.--Not later than 45 days after the
completion of an evaluation, the Inspector General of
the Executive Office of the President shall submit to
the appropriate entities a report on that evaluation.
(B) Content.--Each report submitted under
subparagraph (A) shall include a description of--
(i) the policies, procedures, rules,
regulations, or management practices, if any,
identified by the Inspector General under
paragraph (1)(B); and
(ii) the recommendations, if any, of the
Inspector General to address any such
identified policies, procedures, rules,
regulations, or management practices.
(5) Appropriate entities defined.--In this subsection, the
term ``appropriate entities'' means each of the following:
(A) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(B) The Committee on the Judiciary of the Senate.
(C) The Committee on Oversight and Government
Reform of the House of Representatives.
(D) The Committee on the Judiciary of the House of
Representatives.
(E) Any other appropriate committee or subcommittee
of Congress.
(F) The President.
(G) The Director of the Information Security
Oversight Office.
SEC. 704. TRANSPARENCY IN THE ADMINISTRATION'S BUSINESS OPPORTUNITIES
ACT (TABOO ACT).
(a) Short Title.--This section may be cited as the ``Transparency
in the Administration's Business Opportunities Overseas Act'' or the
``TABOO Act''.
(b) Sense of Congress.--It is the sense of Congress that:
(1) Individuals serving as Special Envoys, Special
Representatives, Special Coordinators, Special Negotiators, or
working in similar positions, whether in the Department of
State, the Executive Office of the President, or any Federal
department or agency, frequently exercise significant authority
and represent the United States Government to foreign
governments and international organizations.
(2) Existing ethics, financial disclosure, and conflict-of-
interest requirements do not uniformly apply to those
individuals, particularly those working in volunteer, unpaid,
or advisory capacities while performing duties that involve
significant authority.
(3) The absence of uniform requirements--
(A) creates gaps in transparency, accountability,
and oversight; and
(B) may allow individuals to perform sensitive
diplomatic or national security functions without
appropriate conflict-of-interest safeguards.
(4) Congress has a compelling interest in ensuring that all
individuals performing those functions are subject to
consistent ethics, financial disclosure, and conflict-of-
interest requirements, regardless of title, compensation, or
organizational placement.
(5) It is in the interest of the United States to--
(A) establish uniform standards for ethics
compliance, financial interest reporting, and
congressional notification for individuals performing
those functions; and
(B) close loopholes that allow individuals to avoid
those requirements by working in volunteer or advisory
status.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Covered function.--The term ``covered function''
includes the following:
(A) Directing or leading negotiations on behalf of
the United States Government with a foreign country.
(B) Directing or leading negotiations on behalf of
the United States Government with international
multilateral organizations.
(C) Any activity involving the exercise of
significant authority pursuant to the laws of the
United States in a foreign policy or national security
context.
(3) Covered position.--The term ``covered position''--
(A) means a Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, Senior
Advisor, or other position performing a covered
function, regardless of title, in the Executive Office
of the President or any Federal department or agency;
(B) includes a position the pay status of which is
uncompensated or volunteer if the individual working in
that position performs a covered function in that
position; and
(C) does not include a position that--
(i) does not represent the United States
Government to a foreign government or
multinational organization; and
(ii) is engaged only to provide advice to
the President, the Executive Office of the
President, or any Federal agency or department.
(4) Financial interest.--
(A) In general.--The term ``financial interest'',
with respect to a foreign country, includes a financial
interest in any entity, including--
(i) an entity that maintains a contract
with the government of the country;
(ii) a state-affiliated enterprise;
(iii) an enterprise affiliated with a
government official of the country; and
(iv) a financial institution affiliated
with the government of the country or a
government official of the country.
(B) Individual holding financial interest.--For
purposes of this section, the term ``financial
interest'', with respect an individual, includes--
(i) a financial interest held by the
individual;
(ii) a financial interest held by the
spouse of the individual; and
(iii) a financial interest held by any
member of the immediate family of the
individual.
(C) Rule of construction.--The term ``financial
interest'', with respect to a foreign country--
(i) shall be construed as broadly as
possible; and
(ii) shall not be limited to the examples
listed in subparagraph (A).
(d) Requirements.--
(1) Ethics and financial disclosures.--
(A) Bribery, graft, and conflicts of interest.--Any
individual working in a covered position shall be
deemed an officer or employee for purposes of chapter
11 of title 18, regardless of employment status,
compensation, or volunteer status.
(B) Financial disclosure requirements.--
(i) Persons required to file.--Section
13103(f) of title 5, United States Code, is
amended--
(I) in paragraph (11), by striking
``; and'' and inserting a semicolon;
(II) in paragraph (12), by striking
the period at the end; and
(III) by adding at the end the
following:
``(13) an officer or employee working in a covered
position, as defined in subsection (c)(3) of the Transparency
in the Administration's Business Opportunities Overseas Act.''.
(ii) Extension on time for filing.--Section
13103(g) of title 5, United States Code, is
amended--
(I) in paragraph (1), by striking
``Reasonable'' and inserting ``Except
as provided in paragraph (3),
reasonable''; and
(II) by adding at the end the
following:
``(3) Covered positions.--Extensions of time for filing any
report with respect to an officer or employee working in a
covered position, as defined in subsection (c)(3) of the
Transparency in the Administration's Business Opportunities
Overseas Act, shall not exceed 30 days.''.
(iii) Technical and conforming amendment.--
Section 13102(a)(1) of title 5, United States
Code, is amended by inserting ``and paragraph
(13)'' after ``paragraphs (1) through (8)''.
(2) Financial interests.--
(A) Written confirmation.--Not later than 30 days
after the date on which any individual begins working
in a covered position--
(i) the individual shall confirm in writing
that the individual--
(I) has no financial interest in
any foreign country with which the
individual will be working;
(II) if a pre-existing financial
interest exists, will divest or place
the financial interest in a qualified
blind trust, as defined in section
13104(f)(3) of title 5, United States
Code, within 60 days of the date of the
written confirmation; and
(III) commits to undertaking no new
financial interest in any foreign
country with which the individual will
be working during the 1-year period
beginning on the date on which the
individual vacates the covered
position; and
(ii) the head of the relevant office,
department, or agency that employs the
individual shall--
(I) review and certify the written
confirmation required under clause (i);
and
(II) submit the written
confirmation required under clause (i)
and certification required under
subclause (I) of this clause to the
appropriate congressional committees.
(B) Relation to other requirements.--A written
confirmation required under subparagraph (A)(1) shall
be in addition to any other financial disclosure or
ethics report otherwise required by law.
(e) Quarterly Submissions.--
(1) In general.--Not later than 90 days after the effective
date under subsection (h)(1), and every 90 days thereafter, the
head of each Federal agency and department shall submit to the
President and the appropriate congressional committees a list
of each individual working in a covered position at that
Federal agency or department.
(2) Elements.--Each list required under paragraph (1) shall
include, with respect to each individual working in a covered
position--
(A) the name and title of the individual; and
(B) a brief description of the duties of the
individual, including the countries and organizations
the individual is expected to engage with on behalf of
the United States Government in the covered position.
(f) Enforcement.--
(1) Statutory penalties.--
(A) Penalties relating to written confirmation.--An
individual working in a covered position who knowingly
fails to comply with the requirements under subsection
(d)(2)(A)(i) shall be fined under title 18, imprisoned
for not more than 1 year, or both.
(B) Other statutory penalties.--An individual
working in a covered position who knowingly fails to
comply with any requirement under this section, or any
amendment made by this section--
(i) shall lose access to United States
Government funds for staff support, facilities,
travel support, and consular services;
(ii) shall be subject to referral to the
Department of Justice; and
(iii) shall be subject to suspension from
performing any covered function until
compliance with this section and the amendments
made by this section is achieved.
(2) Agency enforcement.--
(A) Designation of ethics officers.--The head of
each Federal agency or department employing an
individual working in a covered position shall
designate an ethics office responsible for compliance
with this section.
(B) Failure to submit certifications.--If the head
of a Federal agency or department fails to submit any
certification under subsection (d)(2)(A)(ii) or any
quarterly list under subsection (e)(1), the head of
that Federal agency or department shall report the
failure to each appropriate congressional committee
within 15 days of the discovery of such failure.
(3) Additional consequences for noncompliance.--If an
individual nominated for a covered position is found to be in
violation of any provision of this section, or an amendment
made by this section, a committee of Congress may--
(A) delay nomination hearings and confirmation
processes for the individual;
(B) recommend suspension of the duties of the
individual; and
(C) determine if referral to the Department of
Justice is warranted.
(g) Guidance.--Not later than 120 days after the date of enactment
of this Act, the Director of the Office of Personnel Management and the
Director of the Office of Government Ethics shall issue joint guidance
to implement this section.
(h) Applicability.--
(1) Effective date.--All requirements, obligations, and
prohibitions established under this section, and the amendments
made by this section, shall take effect 180 days after the date
of enactment of this Act.
(2) Current individuals working in covered positions.--Any
individual working in a covered position on the effective date
under paragraph (1) shall comply with all the requirements of
this section, and the amendments made by this section, not
later than 60 days after that effective date.
(3) No waiver or delay.--No provision of this section, nor
any amendment made by this section, nor any requirement imposed
thereunder, may be waived, delayed, suspended, or otherwise
modified by the Executive Office of the President or any
Federal agency or department.
(4) Continuing applicability.--Compliance with this
section, and the amendments made by this section, shall be a
continuing condition of service in any covered position.
SEC. 705. END PREDICTION MARKET CORRUPTION ACT.
(a) Ban on Trading Event Contracts by Certain Government
Officials.--Section 5c of the Commodity Exchange Act (7 U.S.C. 7a-2) is
amended by inserting after subsection (c) the following:
``(d) Ban on Trading Event Contracts by Certain Government
Officials.--
``(1) Definitions.--In this subsection:
``(A) Covered individual.--The term `covered
individual' means--
``(i) the President;
``(ii) the Vice President; and
``(iii) a Member of Congress.
``(B) Event contract.--The term `event contract'
means an agreement, contract, transaction, or swap in
an excluded commodity that is based on an occurrence,
extent of an occurrence of, or contingency.
``(C) Material nonpublic information.--The term
`material nonpublic information' means information--
``(i) that a reasonable investor would
consider important in making a decision
regarding purchasing, selling, or otherwise
exchanging an agreement or contract in a
commodity or a commodity for future delivery;
and
``(ii) that is not publicly available.
``(D) Member of congress.--The term `Member of
Congress' has the meaning given the term in section
13101 of title 5, United States Code.
``(E) Senior executive branch official.--The term
`senior executive branch official' means any officer or
employee described in any of paragraphs (3) through (8)
of section 13103(f) of title 5, United States Code.
``(2) Ban on trading event contracts.--
``(A) Covered individuals.--No covered individual
may purchase, sell, or otherwise exchange an event
contract.
``(B) Senior executive branch officials.--No senior
executive branch official may purchase, sell, or
otherwise exchange an event contract the subject of
which is a matter in which the senior executive branch
official participates personally and substantially as a
Government officer or employee, through decision,
approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, in a judicial or
other proceeding, application, request for a ruling or
other determination, contract, claim, controversy,
charge, accusation, arrest, or other particular matter.
``(3) Civil actions.--
``(A) In general.--The Attorney General may bring a
civil action in the appropriate United States district
court against any individual who engages in conduct in
violation of paragraph (2).
``(B) Civil penalty.--In a civil action under
subparagraph (A), if it is demonstrated by a
preponderance of the evidence that the individual has
violated paragraph (2), the individual shall be subject
to a civil penalty of not more than the greater of--
``(i) $10,000 for each violation; and
``(ii) the amount of profit made through
the purchase, sale, or exchange of the event
contract in violation of paragraph (2).
``(C) No preclusion of alternative remedies.--The
imposition of a civil penalty under this paragraph does
not preclude any other criminal or civil statutory,
common law, or administrative remedy that is available
by law to the United States or any other person.
``(4) Foreign boards of trade.--
``(A) Definition of foreign board of trade.--In
this paragraph, the term `foreign board of trade' means
a board of trade that--
``(i) is organized under the laws of a non-
United States jurisdiction or has its principal
place of business outside the United States;
and
``(ii) avails itself of any means or
instrumentality of interstate commerce in the
conduct of its business as a board of trade.
``(B) Quarterly reports.--Each foreign board of
trade shall submit to the Commission quarterly reports
describing each purchase, sale, or other exchange on
the foreign board of trade in violation of paragraph
(2).
``(C) Enforcement.--A foreign board of trade that
fails to submit a report required by subparagraph (B)
shall be subject to revocation of the registration of
the foreign board of trade by the Commission.
``(5) Insider trading.--The Commission shall issue a rule
to restrict the inappropriate use of material nonpublic
information, in breach of an express or implied duty not to use
or disclose such material nonpublic information, as a means of
making a profit through the purchase, sale, or other exchange
of an event contract, including by requiring designated
contract markets to prohibit the purchase, sale, or other
exchange of an event contract by such individuals as the
Commission determines to be appropriate in the public
interest.''.
(b) Financial Disclosure Reports.--
(1) Annual and termination reports.--Section 13104(a) of
title 5, United States Code, is amended by adding at the end
the following:
``(9) Disclosure relating to event contracts.--
``(A) Definitions.--In this paragraph:
``(i) Covered reporting individual.--The
term `covered reporting individual' means an
individual described in paragraphs (1) through
(10) of section 13103(f).
``(ii) Dependent child.--The term
`dependent child' has the meaning given the
term in section 13101.
``(iii) Event contract.--The term `event
contract' has the meaning given the term in
subsection (d)(1) of section 5c of the
Commodity Exchange Act (7 U.S.C. 7a-2).
``(B) Requirement.--Each report filed pursuant to
subsection (d) or (e) of section 13103 by a covered
reporting individual shall include--
``(i) a statement of whether, during the
period covered by the report, the covered
reporting individual, or the spouse or
dependent child of the covered reporting
individual, purchased, sold, or otherwise
exchanged an event contract; and
``(ii) with respect to any event contract
described in clause (i), a description of the
event contract and the value of the event
contract.''.
(2) Periodic event contract transaction reports.--Section
13105 of title 5, United States Code, is amended by adding at
the end the following:
``(m) Periodic Event Contract Transaction Reports.--
``(1) Definitions.--For purposes of this subsection, the
terms `covered reporting individual' and `event contract' have
the meanings given those terms in section 13104(a)(9)(A).
``(2) Requirement.--Not later than 30 days after receiving
notification of any event contract transaction required to be
reported under section 13104(a)(9), but in no case later than
45 days after such event contract transaction, a covered
reporting individual shall file a report of the transaction
that includes a description of the event contract that is the
subject of the transaction and the value of the event
contract.''.
SEC. 706. END CRYPTO CORRUPTION ACT.
(a) Short Title.--This section may be cited as the ``End Crypto
Corruption Act of 2026''.
(b) Prohibited Financial Transactions.--
(1) In general.--Chapter 131 of title 5, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER IV--PROHIBITED FINANCIAL TRANSACTIONS
``Sec. 13151. Definitions
``In this subchapter:
``(1) Covered individual.--The term `covered individual'
means--
``(A) the President;
``(B) the Vice President;
``(C) a Member of Congress;
``(D) an individual appointed to a Senate-confirmed
position; or
``(E) a special Government employee (as defined in
section 202 of title 18) associated with the Executive
Office of the President.
``(2) Dependent child; member of congress.--The terms
`dependent child' and `Member of Congress' have the meanings
given those terms in section 13101.
``(3) Directly.--The term `directly' means by virtue of the
ownership or beneficial interest of a covered individual, or
the spouse or dependent child of a covered individual, in a
financial interest described in paragraph (5)(A).
``(4) Indirectly.--The term `indirectly' means by virtue of
the financial interest of a covered individual, or the spouse
or dependent child of a covered individual, in a business
entity, partnership interest, company, investment fund, trust,
or other third party in which the covered individual, or the
spouse or dependent child of a covered individual, has an
ownership or beneficial interest.
``(5) Prohibited financial transaction.--
``(A) In general.--The term `prohibited financial
transaction' means--
``(i) any issuance, sponsorship, or
endorsement of a cryptocurrency, meme coin,
token, non-fungible token, stablecoin, or other
digital asset that is sold for remuneration;
``(ii) any financial interest comparable to
an interest described in clause (i) that is
acquired through synthetic means, such as the
use of a derivative, including an option,
warrant, or other similar means; or
``(iii) any financial interest comparable
to an interest described in clause (i) that is
acquired as part of an aggregation or
compilation of such interests through a mutual
fund, exchange-traded fund, or other similar
means.
``(B) Exclusions.--The term `prohibited financial
transaction' does not include the mere purchase, sale,
holding, or other conduct relating to financial
instruments or assets routinely accessible to any
member of the public.
``(6) Senate-confirmed position.--The term `Senate-
confirmed position' means a position in a department or agency
of the executive branch of the United States for which
appointment is required to be made by the President, by and
with the advice and consent of the Senate.
``Sec. 13152. Prohibition on certain transactions
``(a) Prohibition.--Except as provided in subsection (b), a covered
individual, or the spouse or dependent child of a covered individual,
may not engage directly or indirectly in a prohibited financial
transaction--
``(1) during the term of service of the covered individual;
or
``(2) during the 1-year period beginning on the date on
which the service of the covered individual is terminated.
``(b) Liability and Immunity.--For purposes of any immunities to
civil liability, any conduct relating to a prohibited financial
transaction under this section shall be deemed an unofficial act and
beyond the scope of the official duties of the relevant covered
individual.
``Sec. 13153. Civil penalties
``(a) Civil Action.--The Attorney General may bring a civil action
in any appropriate district court of the United States against any
covered individual who violates section 13152(a).
``(b) Civil Penalty.--Any covered individual who knowingly violates
section 13152(a) shall be subject to a civil monetary penalty equal to
not more than 10 percent of the value of the financial interest that is
the subject of the prohibited conduct, or the amount of financial gain,
if any, that the covered individual benefitted from relating to the
prohibited conduct, whichever is greater.
``(c) Disgorgement.--A covered individual who is found to have
violated section 13152(a) in a civil action under subsection (a) shall
disgorge to the Treasury of the United States any profit from the
prohibited conduct that is the subject of that civil action.''.
(2) Clerical amendment.--The table of sections for chapter
131 of title 5, United States Code, is amended by adding at the
end the following:
``subchapter iv--prohibited financial transactions
``13151. Definitions.
``13152. Prohibition on certain transactions.
``13153. Civil penalties.''.
(c) Criminal Penalties Relating to Prohibited Financial
Transactions.--
(1) In general.--Chapter 11 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 227A. Prohibited financial transactions
``(a) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means--
``(A) the President;
``(B) the Vice President;
``(C) a Member of Congress;
``(D) an individual appointed to a Senate-confirmed
position; or
``(E) a special Government employee (as defined in
section 202) associated with the Executive Office of
the President.
``(2) Member of congress.--The term `Member of Congress'
has the meaning given that term in section 13101 of title 5.
``(3) Prohibited financial transaction.--
``(A) In general.--The term `prohibited financial
transaction' means--
``(i) any issuance, sponsorship, or
endorsement of a cryptocurrency, meme coin,
token, non-fungible token, stablecoin, or other
digital asset that is sold for remuneration; or
``(ii) any financial interest comparable to
an interest described in clause (i) that is
acquired through synthetic means, such as the
use of a derivative, including an option,
warrant, or other similar means.
``(B) Exclusions.--The term `prohibited financial
transaction' does not include the mere purchase, sale,
holding, or other conduct relating to financial
instruments or assets routinely accessible to any
member of the public.
``(4) Senate-confirmed position.--The term `Senate-
confirmed position' means a position in a department or agency
of the executive branch of the United States for which
appointment is required to be made by the President, by and
with the advice and consent of the Senate.
``(b) Benefitting From Prohibited Financial Transaction.--Any
covered individual who--
``(1) knowingly violates any provision of section 13152(a)
of title 5; and
``(2) through such violation--
``(A) causes an aggregate loss of not less than
$1,000,000 to 1 or more persons in the United States;
or
``(B) benefits financially, through profit, gain,
or advantage, directly or indirectly through any family
member or business associate of the covered individual,
from the sale, purchase, or distribution of the
financial interest described in subsection (a)(3)(A)(i)
issued, sponsored, or endorsed in violation of section
13152(a) of title 5,
shall be fined under this title, imprisoned for not more than 5
years, or both.
``(c) Bribery.--Any covered individual who--
``(1) knowingly violates any provision of section 13152(a)
of title 5; and
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept any thing of
value personally or for any other person or entity, in return
for--
``(A) being influenced in the performance of any
official act;
``(B) being influenced to commit or aid in
committing, or to collude in, or allow, any fraud, or
make opportunity for the commission of any fraud, on
the United States; or
``(C) being induced to do or omit to do any act in
violation of the official duty of such official or
person,
shall be fined under this title or not more than 2 times the
monetary equivalent of the thing of value, whichever is
greater, or imprisoned for not more than 5 years, or both, and
may be disqualified from holding any office of honor, trust, or
profit under the United States.
``(d) Intent.--To incur criminal liability under this section, it
shall not be required that a covered individual intended to create a
financial interest described in subsection (a)(3)(A)(i) through the
issuance, sponsorship or endorsement of the financial interest
described in subsection (a)(3)(A)(i).
``(e) Liability and Immunity.--For purposes of any immunities to
civil and criminal liability, any conduct relating to a prohibited
financial transaction under this section shall be deemed an unofficial
act and beyond the scope of official duties of the relevant covered
individual.''.
(2) Clerical amendment.--The table of sections for chapter
11 of title 18, United States Code, is amended by inserting
after the item relating to section 227 the following:
``227A. Prohibited financial transactions.''.
SEC. 707. STOP CORRUPT GRATUITIES ACT.
(a) In General.--Section 666 of title 18, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``(b)'' and inserting ``(c)'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Gratuities.--Whoever, if the circumstance described in
subsection (c) of this section exists, otherwise than as provided by
law for the proper discharge of official duty--
``(1) being an agent of an organization, or of a State,
local, or Indian tribal government, or any agency thereof,
solicits or demands for the benefit of any person, or accepts
or agrees to accept, anything of value from any person,
intending to be rewarded in connection with any business,
transaction, or series of transactions of such organization,
government, or agency involving anything of value of $5,000 or
more; or
``(2) gives, offers, or agrees to give, anything of value
to any person, with intent to reward an agent of an
organization or of a State, local or Indian tribal government,
or any agency thereof, in connection with any business,
transaction, or series of transactions of such organization,
government, or agency involving anything of value of $5,000 or
more;
shall be fined under this title, imprisoned not more than 2 years, or
both.''; and
(4) in subsection (c), as so redesignated, by striking
``subsection (a)'' and inserting ``subsections (a) and (b)''.
(b) Conforming Amendments.--
(1) Headings.--Section 666 of title 18, United States Code,
is amended--
(A) in the section heading, by striking ``Theft or
bribery'' and inserting ``Theft, bribery, or
gratuities'';
(B) in subsection (a), by striking ``Whoever'' and
inserting ``Bribes.--Whoever'';
(C) in subsection (c), as so redesignated, by
striking ``The'' and inserting ``Covered
Circumstance.--The'';
(D) in subsection (d), as so redesignated, by
striking ``This'' and inserting ``Exception for Salary,
Wages, and Fees.--This''; and
(E) in subsection (e), as so redesignated, by
striking ``As'' and inserting ``Definitions.--As''.
(2) Table of sections.--The table of sections for chapter
31 of title 18, United States Code, is amended by striking the
item relating to section 666 and inserting the following:
``666. Theft, bribery, or gratuities concerning programs receiving
Federal funds.''.
SEC. 708. CHANGE CORRUPTION ACT.
Subchapter II of chapter 51 of title 31, United States Code, is
amended--
(1) in section 5112, by adding at the end the following:
``(bb) Prohibition on Certain Representations.--Neither of the
following may appear on any United States coin, including any such coin
issued to celebrate the semiquincentennial of the United States:
``(1) The likeness of the sitting President.
``(2) The likeness of any living former President.
``(cc) CCAC Approval Required.--Notwithstanding any other provision
of law, no United States coin may be minted unless the design for that
coin has been reviewed and recommended by the Citizens Coinage Advisory
Committee.''; and
(2) in section 5114(b)--
(A) in the second sentence, by inserting after
``securities'' the following: ``, including on any
United States currency or security issued to celebrate
the semiquincentennial of the United States''; and
(B) by adding at the end the following: ``The
signature of the sitting President may not appear on
any United States currency or security.''.
SEC. 709. STOP TRADING ON PREDICTIONS AND CORRUPT BETS ACT.
(a) Prohibition on Certain Event Contracts.--Section 5c(c)(5) of
the Commodity Exchange Act (7 U.S.C. 7a-2(c)(5)) is amended by adding
at the end the following:
``(D) Prohibition on certain event contracts.--
``(i) In general.--Notwithstanding any
other provision of this section, no agreement,
contract, transaction, or swap involving any
matter described in clause (ii) (or any index,
measure, value, or data related thereto, or
occurrence, extent of an occurrence, or
contingency based thereon) may be listed or
made available for clearing or trading on or
through a registered entity.
``(ii) Matters described.--The matters
referred to in clause (i) are--
``(I) any political election or
contest;
``(II) subject to clause (iii), any
action taken by the executive,
legislative, or judicial branch of the
United States;
``(III) any sporting event or
contest; and
``(IV) any military action taken by
the United States or any foreign
country.
``(iii) Hedging.--The prohibition under
clause (i) with respect to any matter described
in clause (ii)(II) shall not apply to an
agreement, contract, transaction, or swap that
is used for hedging or mitigating commercial
risk, as the Commission may determine by rule
or regulation.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) notwithstanding the amendment made by subsection (a),
the intent of Congress in the Commodity Exchange Act (7 U.S.C.
1 et seq.) is the prohibition of the conduct prohibited by that
amendment;
(2) for the purpose of preventing a Federal regulatory
structure that permits gambling, the Commodity Futures Trading
Commission should prohibit the availability for clearing or
trading on or through any registered entity (as defined in
section 1a of that Act (7 U.S.C. 1a)) any agreement, contract,
transaction, or swap (as defined in that section) that is not
used for hedging or mitigating commercial risk; and
(3) nothing in this section or any amendment made by this
section preempts any State law that regulates or prohibits
gambling or gaming.
(c) GAO Study.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a study on--
(A) prediction markets, including--
(i) insider trading in prediction markets;
and
(ii) the impacts on individuals aged 18 to
20 years old of trading in prediction markets;
(B) additional types of prediction markets that are
not prohibited by the Commodity Exchange Act (7 U.S.C.
1 et seq.) (as amended by subsection (a)) for the
purpose of preventing a Federal regulatory structure
that permits gambling, including by examining any
agreement, contract, transaction, or swap (as defined
in section 1a of that Act (7 U.S.C. 1a)) that is not
used for hedging or mitigating commercial risk; and
(C) means Congress can use to address illegal acts
occurring in foreign prediction markets and in domestic
prediction markets committed by companies with a
presence in a foreign country and in the United States
to preserve the integrity of prediction markets; and
(2) make publicly available and submit to Congress a report
describing the results of the study conducted under paragraph
(1), including recommendations to Congress to preserve the
integrity of prediction markets.
SEC. 710. PROHIBIT PARTISAN PARK PASSES ACT.
Section 805(a)(2) of the Federal Lands Recreation Enhancement Act
(16 U.S.C. 6804(a)(2)) is amended--
(1) in the paragraph heading, by striking ``Image
competition'' and inserting ``Images'';
(2) in the second sentence, by striking ``The'' and
inserting the following:
``(B) Requirements.--The'';
(3) in the first sentence, by striking ``The Secretaries''
and inserting the following:
``(A) In general.--The Secretaries''; and
(4) by adding at the end the following:
``(C) Limitation.--The image used on the National
Parks and Federal Recreational Lands Pass may not
include a living current or former elected official or
other living political figure.''.
SEC. 711. PROHIBITION ON USE OF FUNDS BY GSA.
The Administrator of General Services may not provide assistance
for any purchase, sale, lease, or other transaction involving real
property (including federally owned or leased real property) if the
Administrator determines that the transaction would--
(1) violate any applicable Federal ethics requirements,
including the Standards of Ethical Conduct for Employees of the
Executive Branch contained in part 2635 of title 5, Code of
Federal Regulations (or successor regulations); or
(2) constitute--
(A) a conflict of interest, or the appearance of
such a conflict;
(B) preferential treatment; or
(C) undue influence.
TITLE VIII--ENSURE LIBERTY AND JUSTICE FOR ALL
SEC. 801. DISCLOSURE OF DIRECTIVES AND INQUIRIES FROM THE EXECUTIVE
OFFICE OF THE PRESIDENT TO THE DEPARTMENT OF JUSTICE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) CFIUS-related covered directive or inquiry.--The term
``CFIUS-related covered directive or inquiry'' means a covered
directive or inquiry relating to a covered transaction under
section 721 of the Defense Production Act of 1950 (50 U.S.C.
4565).
(3) Covered directive or inquiry.--The term ``covered
directive or inquiry'' means a directive or inquiry, including
any email, memorandum, phone call, or text message sent through
a personal or official mechanism, made by a covered individual
to an officer or employee of the Department of Justice
regarding any contemplated, ongoing, or past litigation
conducted by the Department of Justice in any civil or criminal
matter (regardless of whether a civil action or criminal
indictment or information has been filed).
(4) Covered individual.--The term ``covered individual''--
(A) means an officer or employee of the Executive
Office of the President, including the Chief of Staff
to the President, the Counsel to the President, and the
National Security Advisor; and
(B) includes the President and the Vice President.
(5) Non-CFIUS covered directive or inquiry.--The term
``non-CFIUS covered directive or inquiry'' means a covered
directive or inquiry that does not relate to a covered
transaction under section 721 of the Defense Production Act of
1950 (50 U.S.C. 4565).
(b) Monthly Disclosure.--Not later than 60 days after the date of
enactment of this Act, and not less frequently than monthly thereafter,
the Chief of Staff to the President shall submit to--
(1) the appropriate committees of Congress a report that
discloses each non-CFIUS covered directive or inquiry made
during the preceding month; and
(2) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives a report that discloses each CFIUS-related
covered directive or inquiry made during the preceding month.
SEC. 802. PROHIBITION ON PAYMENTS FROM JUDGMENT FUND WITHOUT
CONGRESSIONAL APPROVAL.
No payment may be made from the ``Anti-Weaponization Fund'',
established by the Attorney General, without congressional approval.
TITLE IX--PREVENT AUTHORITARIAN POLICING TACTICS ON AMERICA'S STREETS
SEC. 901. PREVENTING AUTHORITARIAN POLICING TACTICS ON AMERICA'S
STREETS ACT.
(a) Definitions.--In this section--
(1) the term ``Federal law enforcement officer'' means--
(A) an employee or officer in a position in the
executive, legislative, or judicial branch of the
Federal Government who is authorized by law to engage
in or supervise a law enforcement function; or
(B) an employee or officer of a contractor or
subcontractor (at any tier) of an agency in the
executive, legislative, or judicial branch of the
Federal Government who is authorized by law or under
the contract with the agency to engage in or supervise
a law enforcement function;
(2) the term ``law enforcement function'' means the
prevention, detection, or investigation of, or the prosecution
or incarceration of any person for, any violation of
immigration or criminal law; and
(3) the term ``member of an armed force'' means a member of
any of the Armed Forces, as defined in section 101(a)(4) of
title 10, United States Code, or a member of the National
Guard, as defined in section 101(3) of title 32, United States
Code.
(b) Required Identification.--
(1) In general.--Each Federal law enforcement officer or
member of an armed force who is engaged in any form of crowd
control, riot control, or arrest or detainment of individuals
engaged in an act of civil disobedience, demonstration,
protest, or riot in the United States shall at all times
display identifying information in a clearly visible fashion,
which shall include the Federal agency and the last name or
unique identifier of the Federal law enforcement officer or for
a member of an armed force, the last name or unique identifier
and rank of the member.
(2) Specific prohibitions.--
(A) Covering of identifying information.--A Federal
law enforcement officer or member of an armed force may
not tape over or otherwise obscure or conceal the
identifying information required under paragraph (1)
while the officer or member is engaged in any form of
law enforcement activity described in paragraph (1).
(B) Use of unmarked vehicles.--A Federal law
enforcement officer or member of an armed force may not
use an unmarked vehicle for the apprehension,
detention, or arrest of civilians while the officer or
member is engaged in any form of law enforcement
activity described in paragraph (1).
(c) Limitation on Arrest Authority.--It shall be unlawful for a
Federal law enforcement officer or member of an armed force to arrest
an individual in the United States if the Federal law enforcement
officer or member of an armed force is conducting a law enforcement
function in violation of subsection (b).
(d) Notice to the Public.--Not later than 24 hours after deployment
of a Federal law enforcement officer or member of an armed force in
response to any crowd control incident, riot, or public disturbance,
the Federal agency or armed force responsible for such deployment shall
publish prominent public notice on that public facing website of the
agency or armed force that includes the following information:
(1) The date of deployment of personnel for crowd control
purposes.
(2) The number of Federal law enforcement officers of the
agency or members of the armed force in each city, town, or
locality functioning in a law enforcement capacity.
(3) A description of the specific nature of the mission.
(4) The location of any civilians being detained by the
Federal law enforcement officers or members of the armed force
deployed, and under whose custody the civilians are being held.
SEC. 902. INSURRECTION ACT OF 2026.
(a) Statement of Constitutional Authority.--This section represents
an exercise of Congress's authorities under--
(1) clauses 14, 15, 16, and 18 of section 8 of article I of
the Constitution of the United States;
(2) section 4 of article IV of the Constitution of the
United States; and
(3) section 5 of the 14th Amendment to the Constitution of
the United States.
(b) Amendments to Insurrection Provisions in Title 10, United
States Code.--Chapter 13 of title 10, United States Code, is amended by
striking sections 251 through 255 and inserting the following new
sections:
``Sec. 251. Statement of policy
``It is the policy of the United States that domestic deployment of
the Armed Forces for the purposes set forth in this chapter should be a
last resort and should be ordered only if State and local authorities
in the State concerned are unable or otherwise fail to suppress the
insurrection or rebellion, quell domestic violence, or enforce the laws
that are being obstructed, and Federal civilian law enforcement
authorities are unable to do so.
``Sec. 252. Triggering circumstances
``(a) In General.--The authorities granted to the President by
section 253 may be exercised only if--
``(1) there is an insurrection or rebellion in a State--
``(A) against the State or local government, in
such numbers, or with such force or capacity, as to
overwhelm State or local authorities, and the chief
executive of the State requests assistance under this
chapter; or
``(B) against the Government of the United States,
in such numbers, or with such force or capacity, as to
overwhelm State or local authorities;
``(2) there is domestic violence in a State that is
sufficiently widespread or severe as to overwhelm State or
local authorities, and the chief executive of the State, or
super majority of the State legislature, requests assistance
under this chapter; or
``(3) there is, within a State--
``(A) obstruction of the execution of State or
Federal law that has the effect of depriving any party
or class of the people of that State of a right,
privilege, immunity, or protection named in the
Constitution and secured by law, and State or local
authorities or Federal civilian law enforcement
personnel are unable, fail, or refuse to protect that
right, privilege, or immunity, or to give that
protection;
``(B) obstruction of the execution of Federal law
by private actors where such obstruction creates an
immediate threat to public safety and the use of State
or local authorities and Federal civilian law
enforcement personnel is insufficient to ensure
execution of the law and--
``(i) the private actors are in such
numbers, or with such force or capacity, as to
overwhelm State or local authorities and
Federal civilian law enforcement personnel; or
``(ii) State or local authorities and
Federal civilian law enforcement personnel
otherwise fail to address the obstruction; or
``(C) obstruction of the execution of Federal law
by the State or its agents, where the use of Federal
civilian law enforcement personnel is insufficient to
ensure execution of the law.
``(b) Rules of Construction.--(1) Subsection (a)(3)(A) shall be
construed to encompass the obstruction of any provision of the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.) or section 2004 of the
Revised Statutes (52 U.S.C. 10101) regarding protection of the right to
vote. Any deployment of the Armed Forces in such circumstances shall be
subject to section 2003 of the Revised Statutes (52 U.S.C. 10102),
sections 592 and 593 of title 18, and any other applicable statutory
limitations designed to protect the right to vote.
``(2) In any situation covered by subsection (a)(3)(A), the State
shall be considered to have denied the equal protection of the laws
secured by the Constitution.
``Sec. 253. Authority of the President
``(a) In General.--Subject to subsection (b) and sections 254
through 257, the President may, if the conditions specified in section
252 are met, order to active duty any reserve component forces and use
the Armed Forces to suppress the insurrection or rebellion, quell
domestic violence, or enforce the laws that are being obstructed.
``(b) Limitations.--(1) During any deployment of the Armed Forces
under subsection (a), the Armed Forces shall remain subordinate to the
chain of command prescribed in section 162(b) of this title.
``(2) Any part of the Armed Forces employed to suppress an
insurrection or rebellion, quell domestic violence, or enforce the law
under the authorities granted by subsection (a) must operate under the
Standing Rules for the Use of Force.
``(3) Nothing in this chapter shall be construed to authorize--
``(A) suspension of the writ of habeas corpus; or
``(B) any action that violates Federal law or, where consistent
with Federal law, State law.
``(c) Standing Rules for the Use of Force.--In this section, the
term `Standing Rules for the Use of Force' means Chairman of the Joint
Chiefs of Staff Instruction (CJCSI) 3121.01B, dated June 13, 2005, and
entitled, `Standing Rules of Engagement/Standing Rules for the Use of
Force for U.S. Forces', or any successor instruction.
``Sec. 254. Consultation with Congress; proclamation to disperse;
reporting requirement; effective periods of authorities
``(a) Consultation.--The President shall, to the maximum extent
practicable, consult with Congress before exercising the authorities
granted under section 253.
``(b) Proclamation.--Before exercising the authorities granted by
section 253, the President shall, by proclamation immediately
transmitted to Congress and the Federal Register--
``(1) specify which paragraph and, where applicable,
subparagraph and clause, of section 252(a) provides the basis
for such exercise of authority; and
``(2) order the lawbreakers to disperse peaceably within a
reasonable, limited time period.
``(c) Report.--Contemporaneously with the proclamation required
under subsection (b), the President shall submit to the President pro
tempore of the Senate and the Speaker of the House of Representatives a
written report setting forth the following:
``(1) The circumstances necessitating the exercise of the
authorities granted to the President by section 253.
``(2) Where applicable, a certification by the Attorney
General of the United States that the chief executive of the
State in question has requested assistance under this chapter
or that State authorities are unable or have otherwise failed
to address the circumstances necessitating exercise of the
President's authorities under section 253.
``(3) Certification by the Attorney General of the United
States that options other than the use of the Armed Forces have
been exhausted, or that those options would likely be
insufficient to resolve the situation and that delay would
likely cause significant harm.
``(4) A description of the size, mission, scope, and
expected duration of the use of the Armed Forces, with a
certification by the relevant Service Secretary or Secretaries
that, in their best military advice and opinion, the Armed
Forces to be called for duty are trained, equipped, and able to
complete the assigned mission.
``Sec. 255. Congressional approval
``(a) Temporary Effective Periods.--(1) Any authority made
available under section 253 shall terminate 7 days after the President
makes the proclamation required under section 254(b) unless--
``(A) there is enacted into law a joint resolution of
approval under subsection (b) with respect to the proclamation;
or
``(B) there is a material and significant change in factual
circumstances that are set forth in a new proclamation and
report to Congress as provided in subsections (b) and (c) of
section 254.
``(2) Notwithstanding subparagraphs (A) and (B) of paragraph (1),
no authority may be exercised after the 7-day period described in such
paragraph if the exercise of authority has been enjoined by a court of
competent jurisdiction.
``(3) If Congress is physically unable to convene as a result of an
insurrection, rebellion, domestic violence, or obstruction of law
described in a proclamation issued pursuant to section 254(b), the 7-
day period described in paragraph (1) shall begin on the first day
Congress convenes for the first time after the insurrection, rebellion,
domestic violence, or obstruction of law.
``(b) Effect of a Joint Resolution of Approval.--If there is
enacted into law a joint resolution of approval as defined in
subsection (d), then any authority made available under this chapter
may be exercised with respect to the insurrection, rebellion, or
domestic violence described in the proclamation that is the subject of
such resolution for 14 days from the date of the enactment of such
resolution, except that such exercise of authority must terminate if
enjoined by a court of competent jurisdiction on the ground that it
violates the terms of this chapter, the Constitution of the United
States, or other applicable Federal law.
``(c) Renewal of Joint Resolutions of Approval.--An exercise of
authority subject to a joint resolution of approval may not be
exercised for longer than 14 days, unless--
``(1) there is enacted into law another joint resolution of
approval renewing the President's authority pursuant to section
253; or
``(2) there has been a material and significant change in
factual circumstances that are set forth in a new proclamation
and report to Congress as provided in subsections (b) and (c)
of section 254.
``(d) Joint Resolution of Approval Defined.--In this section, the
term `joint resolution of approval' means a joint resolution that
contains only the following provisions after its resolving clause:
``(1) A provision approving the exercise of authority
specified by the President in a proclamation made under
subsection (b) of section 254.
``(2) A statement that the exercise of authority may
continue for a period of 14 days unless enjoined by a court of
competent jurisdiction on the ground that it violates the terms
of this chapter, the Constitution of the United States, or
other applicable Federal or State law.
``(e) Procedures for Consideration of Joint Resolutions of
Approval.--
``(1) Introduction.--A joint resolution of approval may be
introduced in either House of Congress by any member of that
House at any time that authority under section 253 is in effect
pursuant to a proclamation made under section 254(b) or a joint
resolution of approval enacted into law pursuant to subsection
(b).
``(2) Requests to convene congress during recesses.--If,
when the President transmits to Congress a proclamation under
section 254(b) or at any time that authority under section 253
is in effect as described in paragraph (1), Congress has
adjourned sine die or has adjourned for any period in excess of
3 calendar days, the majority leader of the Senate and the
Speaker of the House of Representatives, or their respective
designees, acting jointly after consultation with and with the
concurrence of the minority leader of the Senate and the
minority leader of the House, shall notify the Members of the
Senate and House, respectively, to reassemble at such place and
time as they may designate if, in their opinion, the public
interest shall warrant it.
``(3) Committee referral.--A joint resolution of approval
shall be referred in each House of Congress to the committee or
committees having jurisdiction over the emergency authorities
invoked by the proclamation under section 254(b) that are the
subject of the joint resolution.
``(4) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the committee to
which a joint resolution of approval has been referred
has not reported it at the end of 3 calendar days after
its introduction, that committee shall be automatically
discharged from further consideration of the resolution
and it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when the
committee to which a joint resolution of approval is
referred has reported the resolution, or when that
committee is discharged under subparagraph (A) from
further consideration of the resolution, it is at any
time thereafter in order (even though a previous motion
to the same effect has been disagreed to) for a motion
to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is
subject to 4 hours of debate divided evenly between
those favoring and those opposing the joint resolution
of approval. The motion is not subject to amendment, or
to a motion to postpone, or to a motion to proceed to
the consideration of other business.
``(C) Floor consideration.--A joint resolution of
approval shall be subject to 10 hours of consideration,
to be divided evenly between those favoring and those
opposing the joint resolution of approval.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to
reconsider a vote on passage of a joint resolution of
approval shall not be in order.
``(F) Appeals.--Points of order, including
questions of relevancy, and appeals from the decision
of the Presiding Officer, shall be decided without
debate.
``(5) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution of approval has been referred
has not reported it to the House within 3 calendar days
after the date of referral, such committee shall be
discharged from further consideration of the joint
resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third
legislative day after each committee to which a
joint resolution of approval has been referred
reports it to the House or has been discharged
from further consideration of the joint
resolution, and except as provided in clause
(ii), it shall be in order to move to proceed
to consider the joint resolution in the House.
The previous question shall be considered as
ordered on the motion to its adoption without
intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
``(ii) Subsequent motions to proceed to
joint resolution of approval.--A motion to
proceed to consider a joint resolution of
approval shall not be in order after the House
has disposed of another motion to proceed on
that resolution.
``(C) Floor consideration.--Upon adoption of the
motion to proceed in accordance with subparagraph
(B)(i), the joint resolution of approval shall be
considered as read. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except 2 hours of
debate, equally divided and controlled by the sponsor
of the joint resolution (or a designee) and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval.
``(6) Receipt of resolution from other house.--If, before
passing a joint resolution of approval, one House receives a
joint resolution of approval from the other House, then--
``(A) the joint resolution of the other House shall
not be referred to a committee and shall be deemed to
have been discharged from committee on the day it is
received; and
``(B) the procedures set forth in paragraphs (4)
and (5), as applicable, shall apply in the receiving
House to the joint resolution received from the other
House to the same extent as such procedures apply to a
joint resolution of the receiving House.
``(f) Rule of Construction.--The enactment of a joint resolution of
approval under this section shall not be interpreted to serve as a
grant or modification by Congress of statutory authority of the
President.
``(g) Rules of the House and Senate.--This section is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
the House in the case of joint resolutions described in this
section, and supersedes other rules only to the extent that it
is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``Sec. 256. Termination of authority
``(a) In General.--Any exercise of authority specified by the
President in a proclamation made under subsection (b) of section 254
shall terminate on the earliest of--
``(1) the date provided for in section 255(a);
``(2) the date provided for in section 255(b);
``(3) the date specified in an Act of Congress terminating
the authority;
``(4) the date specified in a proclamation of the President
terminating the emergency; or
``(5) the date of a revocation of a request for assistance
under this chapter by the chief executive of the State in
question.
``(b) Effect of Termination.--
``(1) In general.--Effective on the date of the termination
of authority under subsection (a)--
``(A) except as provided by paragraph (2), any
powers or authorities exercised by reason of the
authority shall cease to be exercised;
``(B) any amounts reprogrammed or transferred under
any provision of law with respect to the exercise of
authority that remain unobligated on that date shall be
returned and made available for the purpose for which
such amounts were appropriated; and
``(C) any contracts entered into under any
provision of law relating to the execution of authority
shall be terminated.
``(2) Savings provision.--The termination of an exercise of
authority under this chapter shall not affect--
``(A) any legal action taken or pending legal
proceeding not finally concluded or determined on the
date of the termination under subsection (a);
``(B) any legal action or legal proceeding based on
any act committed prior to that date; or
``(C) any rights or duties that matured or
penalties that were incurred prior to that date.
``Sec. 257. Judicial review
``(a) In General.--Notwithstanding, and without prejudice to, any
other provision of law, any individual or entity (including a State or
local government) that is injured by, or has a credible fear of injury
from, the use of members of the Armed Forces under this chapter may
bring a civil action for declaratory or injunctive relief. In any
action under this section, the district court shall have jurisdiction
to decide any question of law or fact arising under this chapter,
including challenges to the legal basis for members of the Armed Forces
to be acting under this chapter.
``(b) Standard of Review.--A determination that the conditions
specified in section 252 are met shall be upheld if supported by
substantial evidence.
``(c) Expedited Consideration.--It shall be the duty of the
applicable district court of the United States and the Supreme Court of
the United States to advance on the docket and to expedite to the
greatest possible extent the disposition of any matter brought under
this section.
``(d) Appeals.--
``(1) In general.--The Supreme Court of the United States
shall have jurisdiction of an appeal from a final decision of a
district court of the United States in a civil action brought
under this section.
``(2) Filing deadline.--A party shall file an appeal under
paragraph (1) not later than 30 days after the court issues a
final decision under subsection (a).
``Sec. 258. State defined
``For purposes of this chapter, the term `State' includes the
Commonwealth of Puerto Rico, the District of Columbia, Guam, and the
Virgin Islands.
``Sec. 259. Limitation on use of National Guard members performing
training or other duty for certain purposes
``A member of the National Guard performing training or other duty
under section 502(a) or (f) of title 32 may not be used to suppress a
domestic insurrection or rebellion, quell domestic violence, or enforce
the law.''.
(c) Conforming Amendments.--
(1) Use of state defense forces.--Section 109(c) of title
32, United States Code, is amended by inserting ``, except as
provided by section 253 of title 10'' after ``armed forces''.
(2) Table of sections.--The table of sections at the
beginning of chapter 13 of title 10, United States Code, is
amended to read as follows:
``Sec.
``251. Statement of policy.
``252. Triggering circumstances.
``253. Authority of the President.
``254. Consultation with Congress; proclamation to disperse; reporting
requirement; effective periods of
authorities.
``255. Congressional approval.
``256. Termination.
``257. Judicial review.
``258. State defined.
``259. Limitation on use of National Guard members performing training
or other duty for certain purposes.''.
TITLE X--SAFEGUARD FREE AND FAIR ELECTIONS
Subtitle A--Fraudulent Artificial Intelligence Regulations (FAIR)
Elections Act
SEC. 1011. SHORT TITLE.
This subtitle may be cited as the ``Fraudulent Artificial
Intelligence Regulations (FAIR) Elections Act of 2026''.
SEC. 1012. PROHIBITION ON FALSE AI-GENERATED ELECTION MEDIA.
(a) Definitions.--In this section:
(1) Applicable federal election.--The term ``applicable
Federal election'' means any general, primary, runoff, or
special election held solely or in part for the purpose of
nominating or electing a candidate for the office of President,
Vice President, Presidential elector, Member of the Senate,
Member of the House of Representatives, or Delegate or
Commissioner from a Territory or possession.
(2) Election official.--The term ``election official''
means any individual legally authorized to perform duties in
connection with an applicable Federal election, including
workers, volunteers, poll workers, and authorized poll
observers.
(3) False ai-generated election media.--The term ``false
AI-generated election media'' means text. image, audio, or
video that--
(A) is the product of a computational process that
uses machine learning, natural language processing,
artificial intelligence techniques, or other
computational processing techniques of similar or
greater complexity; and
(B) either--
(i) contains materially false information
relating to--
(I) the time, place, or manner of
holding any applicable Federal
election; or
(II) the qualifications for or
restrictions on voter eligibility for
any such election; or
(ii) falsely depicts an election official.
(b) Prohibition.--Except as provided in subsection (c), a person
may not--
(1) knowingly distribute false AI-generated election media
described in subsection (a)(3)(B)(i) if such person--
(A) knows such media contains materially false
information described in such subsection; and
(B) has the purpose of impeding or preventing
another person from exercising the right to vote in an
applicable Federal election; or
(2) knowingly distribute false AI-generated election media
described in subsection (a)(3)(B)(ii) if such person--
(A) knows the depiction of the election official in
such media is materially false; and
(B) has the intent to--
(i) intimidate or harass an election
official; or
(ii) deter another person from exercising
the right to vote in an applicable Federal
election.
(c) Inapplicability to Certain Entities.--This section shall not
apply to the following:
(1) A radio or television broadcasting station, a cable or
satellite television operator, programmer, or producer, or a
streaming service that broadcasts false AI-generated election
media prohibited by this section as part of a bona fide
newscast, news interview, news documentary, or on-the-spot
coverage of bona fide news events, if the broadcast clearly
acknowledges through content or a disclosure, in a manner that
can be easily heard or read by the average listener or viewer,
that the information contained in the media and described in
subsection (a)(3)(B) is false.
(2) A regularly published newspaper, magazine, or other
periodical of general circulation, including an internet or
electronic publication, that routinely carries news and
commentary of general interest, and that publishes false AI-
generated election media prohibited under this section, if the
publication clearly states that the information contained in
the media and described in subsection (a)(3)(B) is false.
(d) Enforcement.--The Attorney General may bring a civil action
against any person who violates subsection (b) in an appropriate United
States District Court for such declaratory and injunctive relief
(including a temporary restraining order, a permanent or temporary
injunction, or other order).
SEC. 1013. PROHIBITION ON REMOVAL OF NAMES FROM VOTING ROLLS USING
UNVERIFIED VOTER CHALLENGE DATABASES.
(a) In General.--The National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.) is amended by inserting after section 8 the
following new section:
``SEC. 8A. RESTRICTIONS ON REMOVAL OF VOTERS FROM OFFICIAL LISTS OF
VOTERS.
``(a) In General.--A State may not remove the name of any
registrant from the official list of voters eligible to vote in
elections for Federal office or take any action with respect to a voter
eligibility challenge unless the registrant or voter is determined to
be ineligible to vote based on--
``(1) source information received from governmental
entities and obtained by such entities in the course of
carrying out official actions or duties; and
``(2) source information approved by the Attorney General
as sufficient to protect the integrity and completeness of
voter registration lists.
``(b) Approval of Voter Information Data.--
``(1) In general.--The Attorney General, in consultation
with the Director of the National Institute of Standards and
Technology and the members of the Election Assistance
Commission, may approve source information under subsection
(a)(2) if such information meets the following requirements:
``(A) The source information contains qualifying
data sets that allow the State to match the individual
identified by the source information with an individual
on the official list of voters eligible to vote in
elections for Federal office.
``(B) The source information is updated not less
than monthly.
``(C) The source information was not obtained in
violation of section 1030 of title 18, United States
Code (commonly known as the `Computer Fraud and Abuse
Act').
``(2) Qualifying data sets.--For purposes of paragraph
(1)(A), the term `qualifying data sets' means the following
sets of data with respect to an individual:
``(A) Last name, first name, and full social
security number.
``(B) Last name, first name, and driver's license
or other unique identifying number assigned by the
State.
``(C) Last name, first name, last four digits of a
social security number, and date of birth.
``(D) Last name, full social security number, and
date of birth.
``(c) Coordination With Other Methods.--Nothing in this section be
construed to preclude--
``(1) the removal of names from official lists of voters on
a basis described in paragraph (3)(A), (3)(B), or (4)(A) of
section 8(a);
``(2) the removal of names from official lists of voters on
a basis described in section 8(c); or
``(3) correction of registration records pursuant to this
Act.''.
(b) Conforming Amendments.--Section 8(a) of such Act (52 U.S.C.
20507(a)) is amended--
(1) in paragraph (3), by striking ``provide'' and inserting
``subject to section 8A, provide''; and
(2) in paragraph (4), by striking ``conduct'' and inserting
``subject to section 8A, conduct''.
SEC. 1014. PRIVATE RIGHT OF ACTION AGAINST FEDERAL GOVERNMENT FOR USE
OF FEDERAL DATA IN DETERMINING ELIGIBILITY TO VOTE.
(a) In General.--The Federal Government shall not compare any
information held by the Federal Government with respect to an
individual against information held by a State or local government with
respect to such person for purpose of eligibility to vote in elections
for Federal office.
(b) Private Right of Action.--A person who is aggrieved by a
violation of this section may bring a civil action in an appropriate
district court for such declaratory or injunctive relief as may be
necessary to carry out this section.
SEC. 1015. GAO STUDY AND REPORT.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the effect of the use of
Federal databases, including the Systematic Alien Verification
for Entitlements (``SAVE'') system of the Department of
Homeland Security, for purposes of removing the names of
individuals from the official list of eligible voters in
elections for Federal office.
(2) Matters studied.--The study conducted under paragraph
(1) shall study--
(A) whether such uses suppresses the right to vote;
(B) the accuracy of the process for identifying
individuals who are not eligible to vote in elections
for Federal office; and
(C) the number of instances in which such processes
have incorrectly removed an eligible individual from
the official list of eligible voters in each State.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Rules and Administration of the Senate
and the Committee on House Administration of the House of
Representatives the results of the study conducted under subsection
(a).
SEC. 1016. SEVERABILITY.
If any provision of this subtitle, or an amendment made by this
subtitle, or the application of such provision to any person or
circumstance, is held to be invalid, the remainder of this subtitle, or
an amendment made by this subtitle, or the application of such
provision to other persons or circumstances, shall not be affected.
Subtitle B--Election Interference and Law Enforcement at Polls
SEC. 1021. ELECTION INTERFERENCE AND LAW ENFORCEMENT AT POLLS.
(a) Sense of Congress.--It is the sense of Congress that the
presence of Federal law enforcement officers and officers and members
of the Armed Forces of the United States at polling places, absent a
legitimate emergency or court order, undermines the intent and purposes
of chapter 29 of title 18, United States Code, and the Voting Rights
Act of 1965 (50 U.S.C. 10301 et seq.).
(b) Definitions.--
(1) In general.--Chapter 29 of title 18, United States
Code, is amended by inserting before section 592 the following:
``Sec. 591. Definitions
``In this chapter:
``(1) Armed.--The term `armed', with respect to an
individual, means carrying a firearm or other weapon.
``(2) Federal law enforcement officer.--The term `Federal
law enforcement officer' has the meaning given that term in
section 115.
``(3) Polling place.--The term `polling place' means any
location designated for in-person voting, early voting, ballot
drop-off, or ballot counting.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 29 of title 18, United States Code, is
amended by inserting before the item relating to section 592
the following:
``591. Definitions.''.
(c) Presence at Polls.--
(1) In general.--Section 592 of title 18, United States
Code, is amended--
(A) in the section heading, by inserting ``and law
enforcement officers'' after ``Troops'';
(B) in the first undesignated paragraph--
(i) by striking ``troops or armed men'' and
inserting ``armed individual, armed or unarmed
officer or member of the Armed Forces of the
United States (including a member of the
National Guard or a Reserve component), or
armed or unarmed Federal law enforcement
officer (including an officer of U.S. Customs
and Border Protection, U.S. Immigration and
Customs Enforcement, or the Federal Bureau of
Investigation)'';
(ii) by inserting ``including a polling
place,'' after ``election is held,''; and
(iii) by inserting ``or, in the case of a
law enforcement officer, such law enforcement
officer is present pursuant to a written
authorization issued by the Attorney General
for unarmed, non-uniformed personnel of the
Department of Justice under voting rights
laws'' after ``enemies of the United States'';
(C) in the second undesignated paragraph, by
inserting ``or law enforcement officer'' after ``armed
forces of the United States''; and
(D) by adding at the end the following:
``This section shall not apply to the presence of a law enforcement
officer at place where a general or special election is held, including
a polling place, that is otherwise required by law.''.
(2) Conforming amendment.--The table of sections for
chapter 29 of title 18, United States Code, is amended by
striking the item relating to section 592 and inserting the
following:
``592. Troops and law enforcement officers at polls.''.
(d) Interference at Polls.--
(1) In general.--Section 593 of title 18, United States
Code, is amended--
(A) in the section heading, by inserting ``and law
enforcement officers'' after ``forces'';
(B) in the first undesignated paragraph, by
inserting ``or a Federal law enforcement officer''
after ``Armed Forces of the United States''; and
(C) in the last undesignated paragraph, by
inserting ``or a law enforcement agency'' after ``Armed
Forces''.
(2) Conforming amendment.--The table of sections for
chapter 29 of title 18, United States Code, is amended by
striking the item relating to section 593 and inserting the
following:
``593. Interference by armed forces and law enforcement officers.''.
(e) Intimidation of Voters.--Section 594 of title 18, United States
Code, is amended by adding at the end the following:
``For purposes of this section, the presence of a Federal law
enforcement officer or officer or member of the Armed Forces of the
United States at any place where a general or special election is held,
including a polling place, shall constitute intimidation unless the
officer is responding to an imminent threat to life or safety.
``This section shall not prohibit any Federal law enforcement
officer or officer or member of the Armed Forces of the United States
from exercising the right of suffrage in any district to which such
officer or member may belong, if otherwise qualified according to the
laws of the State of such district.''.
(f) Interference by Administrative Employees of Federal, State, or
Territorial Governments.--Section 595 of title 18, United States Code,
is amended by inserting before the first undesignated paragraph the
following:
``In this section, the term `interference' includes--
``(1) using official authority to affect or obstruct the
actions of voters, poll workers, or election officials at a
polling place; and
``(2) directing or coercing the interruption or delay of
any voting-related activity, including ballot receipt,
counting, or certification.''.
(g) Prohibition on Seizure of Ballots.--
(1) In general.--Chapter 29 of title 18, United States
Code, is amended by inserting after section 595 the following:
``Sec. 595A. Prohibition on seizure of ballots
``(a) In General.--It shall be unlawful for any Federal law
enforcement officer or officer or member of the Armed Forces of the
United States to seize ballots, including ballots stored digitally in
computer records, in any general or special election for Federal or
State office before the day after the date on which the results of the
election are certified.
``(b) Penalties.--Any person who violates subsection (a) shall be--
``(1) fined under this title, imprisoned for not more than
5 years, or both; and
``(2) disqualified from holding any office of honor,
profit, or trust under the United States.
``(c) Exceptions.--This section shall not apply to the execution of
a search warrant issued by a Federal district court judge based on
probable cause, or to actions taken pursuant to a court-ordered recount
or audit.''.
(2) Conforming amendment.--The table of sections for
chapter 29 of title 18, United States Code, is amended by
inserting after the item relating to section 595 the following:
``595A. Prohibition on seizure of ballots.''.
(h) Private Right of Action.--
(1) In general.--Chapter 29 of title 18, United States
Code, is amended by inserting after section 595A, as added by
subsection (g) of this section, the following:
``Sec. 595B. Private right of action
``(a) In General.--Any person aggrieved by a violation of section
592, 593, 594, 595, or 595A may bring a civil action against any
person, including any officer or employee of the United States, who
engaged in the violation in an appropriate district court of the United
States.
``(b) Relief.--In an action under subsection (a), the court may
award declaratory and injunctive relief, compensatory damages, and
reasonable attorney's fees. The United States waives sovereign immunity
for actions brought under this section.''.
(2) Conforming amendment.--The table of sections for
chapter 29 of title 18, United States Code, is amended by
inserting after the item relating to section 595A, as added by
subsection (g) of this section, the following:
``595B. Private right of action.''.
(i) Rule of Construction.--Nothing in this section may be construed
to limit the prohibition on the presence of officers of U.S.
Immigration and Customs Enforcement and all other Federal law
enforcement agencies at polling places under chapter 29 of title 18,
United States Code, and the Voting Rights Act of 1965 (50 U.S.C. 10301
et seq.), as in effect on the day before the date of enactment of this
Act.
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