[Congressional Record Volume 169, Number 176 (Wednesday, October 25, 2023)]
[Senate]
[Pages S5185-S5192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Ms. Cortez Masto, Ms. Hirono, Mrs. 
        Gillibrand, Mr. Merkley, Mr. Menendez, Mr. Blumenthal, Ms. 
        Butler, Mr. Welch, and Mr. Whitehouse):
  S. 3128. A bill to streamline the reporting of violations against 
immigrant children in Federal custody, to provide protections for 
unaccompanied immigrant children, and to ensure safe release to 
sponsors, and for other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3128

       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 ``Protecting 
     Unaccompanied Children Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

    TITLE I--STREAMLINING REPORTING OF VIOLATIONS AGAINST IMMIGRANT 
                      CHILDREN IN FEDERAL CUSTODY

Sec. 101. Definitions.
Sec. 102. Office of the Ombudsperson for Immigrant Children in Federal 
              Custody.
Sec. 103. Data collection.
Sec. 104. Expert advisory committee.
Sec. 105. Coordination with Department of Homeland Security.
Sec. 106. Rule of construction.

              TITLE II--PROTECTIONS FOR IMMIGRANT CHILDREN

  Subtitle A--Unaccompanied Alien Children in Immigration Proceedings

Sec. 201. Legal representation in removal proceedings.
Sec. 202. Motions to reopen.

                     Subtitle B--Access to Services

Sec. 211. Clarification of unaccompanied child determination 
              procedures.
Sec. 212. Improving access to post-release services.
Sec. 213. State-level coordinators for unaccompanied children's 
              services.
Sec. 214. Assistance for children and families separated under zero 
              tolerance.

      Subtitle C--Facilities Housing Unaccompanied Alien Children

Sec. 221. Technical assistance for community-based care providers.
Sec. 222. Standards and compliance.

   Subtitle D--Child Welfare at the Border and Prevention of Family 
                               Separation

Sec. 231. Child welfare training at the border.
Sec. 232. Preventing family separation of unaccompanied children.

              TITLE III--ENSURING SAFE RELEASE TO SPONSORS

Sec. 301. Ensuring safe release to sponsors who are not parents or 
              legal guardians.
Sec. 302. Expansion and evaluation of home studies.
Sec. 303. Requirements for child and sponsor case management system.

   TITLE IV--PROTECTIONS AND ACCESS TO CERTAIN SERVICES FOR SPECIAL 
          IMMIGRANT JUVENILES AND OTHER VULNERABLE IMMIGRANTS

Sec. 401. Eliminating annual employment-based visa caps for special 
              immigrant juveniles.
Sec. 402. Elimination of annual numerical limitation on U visas.
Sec. 403. Access to Medicaid for certain children granted status.

               TITLE V--STOPPING CHILD LABOR TRAFFICKING

Sec. 501. Victims of serious labor and employment violations or crime.
Sec. 502. Labor enforcement actions.

                      TITLE VI--GENERAL PROVISIONS

Sec. 601. Authorization of appropriations.
Sec. 602. Supplemental appropriation.

    TITLE I--STREAMLINING REPORTING OF VIOLATIONS AGAINST IMMIGRANT 
                      CHILDREN IN FEDERAL CUSTODY

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Committee.--The term ``Committee'' means the expert 
     advisory committee established under section 104(a).
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Refugee Resettlement.
       (3) Facility.--The term ``facility''--
       (A) means a location at which 1 or more immigrant children 
     are detained by the Government or held in Government custody; 
     and
       (B) includes--
       (i) an Office of Refugee Resettlement facility; and
       (ii) a Department of Homeland Security facility, 
     including--

       (I) a U.S. Customs and Border Protection temporary holding 
     facility and transportation contractor;
       (II) a U.S. Immigration and Customs Enforcement family 
     detention facility;
       (III) a U.S. Immigration and Customs Enforcement juvenile 
     facility;
       (IV) a location operated by a private entity, including a 
     hotel room; and
       (V) any other location at which the Department of Homeland 
     Security detains or holds in custody an immigrant child.

       (4) Flores settlement agreement.--The term ``Flores 
     settlement agreement'' means the stipulated settlement 
     agreement filed in the United States District Court for the 
     Central District of California on January 17, 1997 (CV 85-
     4544-RJK).
       (5) Immigrant child.--The term ``immigrant child'' means an 
     alien (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)) under the age of 18 years.
       (6) In-network facility.--The term ``in-network facility'' 
     means a facility operated by an Office of Refugee 
     Resettlement grantee, subgrantee, contractor, or 
     subcontractor.
       (7) Office of refugee resettlement facility.--The term 
     ``Office of Refugee Resettlement facility''--
       (A) means--
       (i) a shelter operated by an Office of Refugee Resettlement 
     grantee, subgrantee, contractor, or subcontractor to hold 
     immigrant children;
       (ii) a staff secure facility, a secure care facility, a 
     residential treatment center, transitional foster care 
     housing, or long-term foster care so operated; or
       (iii) any other location operated by the Office of Refugee 
     Resettlement to hold immigrant children; and
       (B) includes an in-network facility and an out-of-network 
     facility.
       (8) Ombudsperson.--The term ``Ombudsperson'' means the 
     ombudsperson appointed under section 102(c).
       (9) Out-of-network facility.--The term ``out-of-network 
     facility'' means a facility at which an immigrant child is 
     placed as a result of an Office of Refugee Resettlement 
     determination that there is no care provider available among 
     in-network facilities to provide specialized services 
     required by the immigrant child, such as medical or mental 
     health support.
       (10) Unobstructed access.--The term ``unobstructed access'' 
     means--
       (A) with respect to a facility, the ability to enter the 
     facility, including unannounced, to tour and physically visit 
     all areas of the facility; and
       (B) with respect to information, the ability to obtain 
     requested information in a timely manner and with the full 
     cooperation of the Secretary of Health and Human Services and 
     the Secretary of Homeland Security, as applicable.
       (11) Working group.--The term ``Working Group'' means the 
     interagency working group established under section 105(b).

     SEC. 102. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN 
                   IN FEDERAL CUSTODY.

       (a) Establishment.--There is established, within the 
     Department of Health and Human Services, an Office of the 
     Ombudsperson for Immigrant Children in Federal Custody 
     (referred to in this section as the ``Office of the 
     Ombudsperson'')--
       (1) to endorse and support the principle that family 
     separation and detention are generally not in a child's best 
     interest; and
       (2) in cases in which Federal detention or custody is 
     required--
       (A) to ensure that immigrant children are only detained or 
     held in custody by the Federal Government in the least 
     restrictive setting;
       (B) to advocate for the quick, safe, and efficient release 
     of immigrant children from Federal detention or custody 
     whenever possible; and
       (C) in any case in which an immigrant child is held in 
     Department of Homeland Security custody together with his or 
     her family unit, to advocate for the release of the child and 
     concurrent release of the parent or legal guardian of the 
     child.
       (b) Independence.--The Office of the Ombudsperson shall 
     be--
       (1) an impartial, confidential resource to ensure the best 
     interest of children in Federal custody; and
       (2) fully independent of--

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       (A) the Office of Refugee Resettlement of the Department of 
     Health and Human Services; and
       (B) the Department of Homeland Security.
       (c) Ombudsperson.--
       (1) In general.--The Office of the Ombudsperson shall be 
     headed by an Ombudsperson, who shall be appointed by, and 
     report directly to, the Secretary of Health and Human 
     Services.
       (2) Qualifications.--The individual appointed as 
     Ombudsperson shall have demonstrated experience in--
       (A) immigration law; and
       (B) child advocacy or child welfare.
       (3) Duties and authorities.--
       (A) Monitoring.--On a regular basis, the Ombudsperson shall 
     monitor facilities, including licensed facilities that are 
     not licensed by a State, for compliance with all applicable 
     laws, policies, and standards, including--
       (i) the Flores settlement agreement;
       (ii) section 235 of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232);
       (iii) the applicable provisions of the Prison Rape 
     Elimination Act of 2003 (34 U.S.C. 30301 et seq.);
       (iv) applicable policies of U.S. Customs and Border 
     Protection relating to the standard of care for individuals 
     in Federal custody; and
       (v) Office of Refugee Resettlement policies relating to the 
     care and custody of unaccompanied alien children.
       (B) Investigations.--
       (i) In general.--The Ombudsperson shall investigate--

       (I) claims of abuse, neglect, or mistreatment of immigrant 
     children, by the Government or any other entity, while in 
     Government custody;
       (II) complaints against foster care providers, including 
     foster care providers under State oversight; and
       (III) potential violations of related laws and standards.

       (ii) Reporting of state licensing violations.--If, in the 
     course of an investigation under clause (i)(II), the 
     Ombudsperson discovers a State licensing violation, the 
     Ombudsperson shall report the violation to the child welfare 
     licensing agency of the applicable State.
       (iii) Violations in unlicensed facilities.--

       (I) In general.--The Ombudsperson shall monitor any 
     potential violation of law, policy, or standard in a facility 
     that is not licensed by a State on a regular basis.
       (II) Report.--If, in the course of monitoring a facility 
     described under subclause (I), the Ombudsperson determines 
     that a violation of law, policy, or standard has occurred, 
     not later than 30 days after making such determination, the 
     Ombudsperson shall report the violation the Secretary of 
     Health and Human Services for further action.

       (C) Stakeholder meetings.--Not less frequently than 
     quarterly, the Ombudsperson shall invite community 
     stakeholders, Flores settlement agreement class counsel, and, 
     as applicable, the Flores settlement agreement court-
     appointed monitor to participate in a meeting--
       (i) to ensure that the Ombudsperson is aware of stakeholder 
     concerns and priorities; and
       (ii) to provide feedback on stakeholder requests.
       (D) Individual case assistance.--
       (i) In general.--The Ombudsperson may offer individual case 
     assistance to an immigrant child who is in Government custody 
     if the case of the immigrant child is long-pending or 
     otherwise requires expedited processing or elevated 
     attention, as determined by the Ombudsperson.
       (ii) Communication.--To ensure a complete understanding of 
     the status of a case described in clause (i), the 
     Ombudsperson may communicate with--

       (I) the immigrant child concerned;
       (II) the family members and potential sponsor of such 
     child; and
       (III) the child advocate, legal counsel, Office of Refugee 
     Resettlement case manager and Federal field specialist, and 
     any other relevant individual charged with care provision, 
     case management, or case coordination of the immigrant child 
     concerned.

       (E) Subpoena authority.--Subject to the approval of the 
     Secretary of Health and Human Services, 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) invoke the aid of any appropriate court of the United 
     States.
       (F) Reporting mechanisms.--
       (i) In general.--The Ombudsperson shall establish and 
     maintain--

       (I) a toll-free telephone number to receive complaints and 
     reports of matters for investigation; and
       (II) an email address to receive such complaints and 
     reports.

       (ii) Availability.--The Ombudsperson shall ensure that--

       (I) in each facility--

       (aa) such telephone number is made available in a 
     prominent, visible, and public location in a common area of 
     the facility; and
       (bb) a telephone is accessible to each immigrant child;

       (II) such email address is made available to sponsors, 
     Flores settlement agreement class counsel, legal services 
     providers and child advocates who serve such immigrant 
     children, and state-level coordinators appointed under 
     paragraph (7) of section 235(c) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(c)), as added by section 213; and
       (III) in each facility, such telephone number and email 
     address are made available, in a prominent, visible, and 
     public location in a common area of the facility, to all 
     individuals employed, contracted, or otherwise tasked with 
     the care and custody of children by the Secretary of Health 
     and Human Services so that such individuals may report--

       (aa) any potential violation of law, policy, or standard 
     relating to immigrant children in Federal custody; or
       (bb) any other claim of abuse, neglect, or mistreatment of 
     immigrant children.
       (iii) Review and evaluation.--

       (I) In general.--Not later than 2 years after the date of 
     the enactment of this Act, and every 2 years thereafter, the 
     Ombudsperson shall complete a review of the reporting 
     mechanisms under this subparagraph to evaluate whether such 
     mechanisms are sufficient to ensure the oversight and 
     monitoring required by this title.
       (II) Report.--Not later than 30 days after the completion 
     of each review required by subclause (I), the Ombudsperson 
     shall submit to Congress a report on the results of the 
     review that includes, in the case of a determination that 
     such mechanisms are insufficient, recommendations for their 
     improvement.

       (G) Report to congress.--
       (i) In general.--Not later than September 30 each year, the 
     Ombudsperson shall submit to Congress a report on the 
     accomplishments and challenges of the Office of the 
     Ombudsperson during the fiscal year ending on that date.
       (ii) Elements.--Each report required by clause (i) shall 
     include, for the applicable fiscal year, the following:

       (I) A summary of the status of immigrant children in 
     Federal Government custody that highlights broader trends and 
     recommendations for future action.
       (II) Statistical information on immigrant children in 
     Federal Government custody, together with an analysis of such 
     information.
       (III) A summary of complaints received and proposed 
     resolutions.
       (IV) A description of the investigations into claims of 
     abuse, neglect, or mistreatment of immigrant children in 
     Federal Government custody, including a summary of the 
     results of such investigations.
       (V) Any attempt by the Secretary of Homeland Security, the 
     Secretary of Health and Human Services, or any entity to 
     which the authority of the Secretary of Homeland Security or 
     the Secretary of Health and Human Services is delegated, to 
     interfere with the independence of the Office of the 
     Ombudsperson.
       (VI) A description of the objectives of the Office of the 
     Ombudsperson for the next fiscal year.

       (H) Additional duties.--The Ombudsperson shall--
       (i) conduct a review of data collection, as described in 
     section 103(a);
       (ii) establish the Committee, as described in section 104; 
     and
       (iii) enter into a memorandum of understanding, as 
     described in section 105(a).
       (d) Access to Facilities.--The Secretary of Health and 
     Human Services and the Secretary of Homeland Security shall 
     ensure--
       (1) unobstructed access by the Ombudsperson to any 
     facility; and
       (2) the ability of the Ombudsperson--
       (A) to monitor any facility; and
       (B) to meet confidentially with--
       (i) staff of any facility;
       (ii) employees, grantees, contractors of the Office of 
     Refugee Resettlement and the Department of Homeland Security; 
     and
       (iii) any immigrant child in Federal Government custody, 
     after notification of the immigrant child's counsel, as 
     applicable.
       (e) Access to Information.--The Secretary of Health and 
     Human Services shall ensure unobstructed access by the 
     Ombudsperson to--
       (1) the case files, records, reports, audits, documents, 
     papers, recommendations, or any other pertinent information 
     relating to the care and custody of an immigrant child; and
       (2) the written policies and procedures of all Office of 
     Refugee Resettlement facilities.
       (f) Requests for Information.--
       (1) In general.--The Ombudsperson may request from the 
     Secretary of Health and Human Services or the Secretary of 
     Homeland Security, or any entity to which the authority of 
     the Secretary of Health and Human Services or the Secretary 
     of Homeland Security has been delegated, any information or 
     assistance required to carry out this title. Information and 
     assistance requested pursuant to this paragraph shall be 
     provided to the Ombudsperson in a timely manner.
       (2) Unreasonable refusal.--If upon request for information 
     by the Ombudsperson, an entity or agency described in 
     paragraph (1) unreasonably refuses to provide, or otherwise 
     does not provide, as determined by the Ombudsperson, such 
     information or assistance requested by the Ombudsperson, the 
     Ombudsperson shall, without delay--
       (A) in the case of an unreasonable refusal by the 
     Department of Health and Human Services, report to the 
     Secretary of Health and Human Services the circumstances of 
     such refusal;
       (B) in the case of an unreasonable refusal by the 
     Department of Homeland Security, report to the Secretary of 
     Homeland Security the circumstances of such refusal; or

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       (C) in the case of an unreasonable refusal by the Secretary 
     of Health and Human Services or the Secretary of Homeland 
     Security, report on the circumstances of such refusal to--
       (i) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (ii) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representatives.

     SEC. 103. DATA COLLECTION.

       (a) Independent Review by Ombudsperson.--
       (1) In general.--The Ombudsperson shall regularly review 
     data collected by the Secretary of Health and Human Services 
     and the Secretary of Homeland Security relating to immigrant 
     children in facilities.
       (2) Collaboration required.--The Secretary of Health and 
     Human Services and the Secretary of Homeland Security shall 
     provide the Ombudsperson unobstructed access to--
       (A) real-time custody and detention data for each immigrant 
     child detained by the Government or held in Government 
     custody, including--
       (i) the location and level of placement;
       (ii) biographical information, including full name, date of 
     birth, country of citizenship, and alien number;
       (iii) all locations at which the immigrant child has been 
     detained or held in custody;
       (iv) the dates and times the immigrant child is booked in 
     and booked out of any facility;
       (v) transfer and discharge information; and
       (vi) whether the child--

       (I) has an attorney of record; and
       (II) has been appointed an independent child advocate under 
     section 235(c)(6) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(c)(6)); and

       (B) Department of Homeland Security and Department of 
     Health and Human Services data personnel for the purpose of 
     reviewing data collection and integrity issues.
       (b) Office of Refugee Resettlement Data Collection 
     System.--
       (1) In general.--To support the data collection and 
     monitoring duties of the Ombudsperson and to facilitate 
     public monitoring, the Director shall develop a data 
     collection system that collects and maintains the following 
     information:
       (A) The total number of immigrant children held in custody 
     by the Secretary of Health and Human Services.
       (B) The average and median number of days immigrant 
     children remain in such custody.
       (C) The average and median number of days immigrant 
     children stay in an Office of Refugee Resettlement facility.
       (D) The number of immigrant children discharged to 
     sponsors, disaggregated by sponsor category, placement level, 
     specific Office of Refugee Resettlement facility.
       (E) The sponsor categories of immigrant children held at 
     each Office of Refugee Resettlement facility, disaggregated 
     by placement level.
       (F) The number and percentage of immigrant children held in 
     an Office of Refugee Resettlement facility with more than 25 
     immigrant children, disaggregated by placement level.
       (G) The percentage of filled capacity across all Office of 
     Refugee Resettlement facilities.
       (H) The total number of children held at out-of-network 
     facilities, disaggregated by placement level.
       (I) For each Office of Refugee Resettlement facility--
       (i) the percentage of filled capacity;
       (ii) the maximum number of available beds;
       (iii) the number and percentage of immigrant children with 
     disabilities, disaggregated by placement level;
       (iv) the number and percentage of immigrant children 
     receiving mandatory home studies, discretionary home studies, 
     and post-release services, disaggregated by placement level; 
     and
       (v) the number and percentage of immigrant children on a 
     waitlist to receive post-release services.
       (2) Accessibility.--All information collected and 
     maintained by the data collection system required by 
     paragraph (1)--
       (A) searchable; and
       (B) disaggregated by country of citizenship, race, gender, 
     primary language, age, and, as applicable, ethnicity.
       (3) Publication.--Not later than the 15th of each month, 
     the Director shall make the data collected under paragraph 
     (1) for the preceding month available to the Ombudsperson.
       (c) Prohibition on Certain Uses of Information.--
     Information collected under this section may not be used for 
     immigration enforcement or law enforcement purposes.
       (d) Privacy Protections.--Any record collected, stored, 
     received, or published under this section shall be--
       (1) collected, stored, received, or published in a manner 
     that protects the privacy of any individual whose information 
     is included in such data;
       (2) de-identified or anonymized in a manner that protects 
     the identity of any individual whose information is included 
     in such data; and
       (3)(A) limited in use for the purpose of carrying out the 
     duties of the Office of the Ombudsperson; and
       (B) protected from any other--
       (i) internal use by any entity that collects, stores, or 
     receives the record; or
       (ii) inappropriate use.

     SEC. 104. EXPERT ADVISORY COMMITTEE.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Ombudsperson shall 
     establish an expert advisory committee to assist the 
     Ombudsperson in--
       (1) identifying relevant trends relating to immigrant 
     children in Government custody;
       (2) conducting fact-finding missions and investigations of 
     facilities; and
       (3) ensuring Government and private contractor compliance 
     with applicable law and standards for facilities.
       (b) Membership.--The members of the Committee shall--
       (1) be appointed by the Ombudsperson;
       (2) represent various geographical regions; and
       (3) be comprised of subject matter experts, including--
       (A) legal advocates or specialists in the fields of child 
     and family welfare, immigration, and human rights;
       (B) pediatricians or other appropriate pediatric health 
     care experts;
       (C) child or adolescent psychiatrists or psychologists;
       (D) social workers;
       (E) data analysis experts; and
       (F) any other relevant subject matter expert.
       (c) Meetings.--The Committee shall meet not less frequently 
     than quarterly.
       (d) Duties.--The Committee shall regularly--
       (1) review facility compliance with applicable law and 
     standards relating to Government detention and custody of 
     immigrant children, including the Flores settlement agreement 
     and section 235 of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232); and
       (2) submit to the Ombudsperson recommendations for 
     improvement.
       (e) Site Visits.--The Committee may designate 1 or more 
     individuals who shall have the authority--
       (1) to carry out facility site visits; and
       (2) interview immigrant children held in Government 
     custody, after notification of counsel, as applicable.

     SEC. 105. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY.

       (a) Memorandum of Understanding.--
       (1) In general.--On the date of the enactment of this Act, 
     the Secretary of Homeland Security and the Ombudsperson shall 
     enter into a memorandum of understanding to coordinate 
     oversight between the Department of Homeland Security and the 
     Department of Health and Human Services.
       (2) Elements.--The memorandum of understanding required by 
     paragraph (1) shall do the following:
       (A) Require the Secretary of Homeland Security to provide 
     information to the Ombudsperson with respect to each 
     immigrant child detained by U.S. Customs and Border 
     Protection or U.S. Immigration and Customs Enforcement, or 
     who is otherwise in the custody of the Secretary of Homeland 
     Security, including--
       (i) the location of the immigrant child;
       (ii) biographical information, including full name, date of 
     birth, country of citizenship, race, and alien number;
       (iii) all locations at which the immigrant child has been 
     so detained or held in Department of Homeland Security 
     custody;
       (iv) exact times at which the immigrant child was booked in 
     and booked out of such custody;
       (v) the date on which the immigrant child is released from 
     such custody or transferred to the custody of the Secretary 
     of Health and Human Services;
       (vi) in the case of an immigrant child who remains in 
     Department of Homeland Security custody for more than 72 
     hours, the reason for such continued custody; and
       (vii) any other information the Ombudsperson considers 
     relevant to the oversight and monitoring duties described in 
     section 102(c)(3).
       (B) Establish the right of the Ombudsperson and the 
     Committee to monitor Department of Homeland Security 
     facilities for compliance with applicable standards of 
     custody.
       (C) Provide the Ombudsperson and the Committee full and 
     unobstructed access to--
       (i) Department of Homeland Security facilities for regular 
     site visits; and
       (ii) the written policies and procedures of Department of 
     Homeland Security facilities.
       (3) Limitation.--The memorandum of understanding may only 
     allow the Ombudsperson to share information with the 
     Secretary of Homeland Security on a case-by-case basis, and 
     with the informed consent of the immigrant child concerned 
     (unless the Ombudsperson determines that the child lacks the 
     capacity to consent), if the Ombudsperson determines that the 
     disclosure of the information to the Secretary of Health and 
     Human Services will advance the best interests of the 
     immigrant child, including by facilitating the release of the 
     immigrant child from custody.
       (4) Evaluation.--Not later than 2 years after the 
     Ombudsperson and the Secretary of Homeland Security enter 
     into the memorandum of understanding required by this 
     subsection, the Comptroller General of the

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     United States shall evaluate the coordination between the 
     Ombudsperson and the Secretary to determine whether such 
     memorandum of understanding is sufficient to ensure the 
     oversight and monitoring required by this title.
       (5) Recommendations.--If the Comptroller General makes a 
     determination under paragraph (4) that the memorandum of 
     understanding is insufficient, the Comptroller General shall 
     recommend actionable steps to be implemented--
       (A) to improve coordination between the Ombudsperson and 
     the Secretary of Homeland Security; and
       (B) to ensure effectiveness of the mandate of the 
     Ombudsperson.
       (b) Interagency Working Group.--
       (1) Establishment.--There is established an interagency 
     working group to identify and discuss concerns relating to 
     immigrant children in facilities.
       (2) Membership.--The Working Group shall be composed of 
     representatives of--
       (A) the Department of Justice;
       (B) the Department of Health and Human Services, including 
     the Director or a senior representative of the Office of 
     Refugee Resettlement;
       (C) U.S. Customs and Border Protection;
       (D) U.S. Immigration and Customs Enforcement;
       (E) relevant oversight offices, including--
       (i) the Immigration Detention Ombudsman of the Department 
     of Homeland Security; and
       (ii) the Inspectors General of the Department of Justice, 
     the Department of Health and Human Services, U.S. Customs and 
     Border Protection, and U.S. Immigration and Customs 
     Enforcement; and
       (F) any other relevant Federal agency or office.
       (3) Meetings.--The Working Group shall--
       (A) hold meetings not less frequently than quarterly;
       (B) invite representatives of nongovernmental organizations 
     that provide services to immigrant children to participate in 
     such meetings as the Ombudsperson considers appropriate; and
       (C) provide to the Ombudsperson a summary of each such 
     meeting.

     SEC. 106. RULE OF CONSTRUCTION.

       Nothing in the title shall be construed 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.

              TITLE II--PROTECTIONS FOR IMMIGRANT CHILDREN

  Subtitle A--Unaccompanied Alien Children in Immigration Proceedings

     SEC. 201. LEGAL REPRESENTATION IN REMOVAL PROCEEDINGS.

       (a) In General.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act (8 U.S.C. 
     1232) is amended--
       (1) in subsection (a)(5)(D)(iii), by striking ``access to'' 
     and inserting ``representation by''; and
       (2) in subsection (c), by amending paragraph (5) to read as 
     follows:
       ``(5) Legal representation.--
       ``(A) Appointment or provision of counsel.--
       ``(i) In general.--As expeditiously as possible after an 
     unaccompanied alien child is issued a notice to appear under 
     section 239(a) of the Immigration and Nationality Act (8 
     U.S.C. 1229(a)), the Secretary of Health and Human Services 
     shall appoint or provide counsel to represent the child in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a), related matters before the 
     Department of Homeland Security, and in any appeal proceeding 
     before the Attorney General from any such removal proceeding. 
     Counsel shall be provided under this subparagraph at 
     Government expense unless a child has retained counsel 
     authorized to represent the child in such proceedings.
       ``(ii) Immigration file.--Each unaccompanied alien child, 
     and the counsel of such a child, shall receive a complete 
     copy of the child's immigration file (other than documents 
     protected from disclosure under section 552(b) of title 5, 
     United States Code).
       ``(B) Role of the department of health and human 
     services.--The Secretary of Health and Human Services shall--
       ``(i) to the maximum extent practicable, make every effort 
     to use the services of competent counsel who agree to provide 
     representation to children described in subparagraph (A)(i) 
     without charge;
       ``(ii) in the case of an unaccompanied alien child who 
     retained counsel at his or her own expense but whose counsel 
     has ceased to represent the child, ensure the continued 
     representation of the child through the pendency of removal 
     proceedings and any appeal proceeding before the Attorney 
     General from any such removal proceeding by appointing or 
     providing new counsel as expeditiously as possible;
       ``(iii) in consultation with the Attorney General, develop 
     model guidelines for representing children in immigration 
     proceedings for the purposes of--

       ``(I) helping to protect children from individuals 
     suspected of involvement in criminal, harmful, or 
     exploitative activities associated with the smuggling or 
     trafficking of children; and
       ``(II) ensuring the fairness of removal proceedings in 
     which children are involved; and

       ``(iv) as necessary and appropriate, enter into contracts 
     or award grants for the provision of immigration-related 
     legal services to children.
       ``(C) Role of the department of justice.--The Attorney 
     General shall ensure that all immigration courts before which 
     unaccompanied alien children appear contain specialized 
     children's dockets. Such dockets shall contain child-
     appropriate procedures that advance due process in 
     unaccompanied alien children's proceedings. Immigration 
     judges assigned to specialized children's dockets shall have 
     received specialized training in such procedures. Such 
     procedures shall include processes for coordinating with 
     legal services organizations to facilitate legal 
     representation of unaccompanied alien children.''.
       (b) Conforming Amendments.--
       (1) Section 462(b)(1)(A) of Homeland Security Act of 2002 
     (6 U.S.C. 279(b)(1)(A)) is amended by striking ``, consistent 
     with the law regarding appointment of counsel that is in 
     effect on the date of the enactment of this Act''.
       (2) Section 292 of the Immigration and Nationality Act (8 
     U.S.C. 1362) is amended by inserting ``, except as provided 
     in section 235(c)(5) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act (8 U.S.C. 
     1232(c)(5))'' after ``at no expense to the Government''.

     SEC. 202. MOTIONS TO REOPEN.

       Section 240(c)(7)(C) of the Immigration and Nationality Act 
     (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the 
     following:
       ``(v) Special rule for unaccompanied alien children 
     entitled to appointment of counsel.--If the Secretary of 
     Health and Human Services fails to appoint or provide counsel 
     for an unaccompanied alien child (as defined in 462(g)(2) of 
     Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)))--

       ``(I) the limitations under this paragraph with respect to 
     the filing of a motion to reopen by such child shall not 
     apply; and
       ``(II) the filing of such a motion shall stay the removal 
     of the child.''.

                     Subtitle B--Access to Services

     SEC. 211. CLARIFICATION OF UNACCOMPANIED CHILD DETERMINATION 
                   PROCEDURES.

       (a) Eligibility for Services Regardless of Custodial 
     Status.--Section 235(c)(1) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act (8 U.S.C. 
     1232(c)(1)) is amended by adding at the end the following: 
     ``Such policies and programs shall be available to 
     unaccompanied alien children regardless of whether they are 
     or have ever been in Federal custody.''.
       (b) Screenings of Children From Contiguous Countries 
     Conducted by Asylum Officers.--Section 235(a) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act (8 U.S.C. 1232(a)) is amended--
       (1) in paragraph (2)(A), by striking ``the Secretary of 
     Homeland Security'' and inserting ``an asylum officer (as 
     defined in section 235(b)(1)(E) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)(1)(E)))''; and
       (2) in paragraph (4) by inserting ``by an asylum officer'' 
     after ``the child shall be screened''.
       (c) Analysis of Efficacy of Current Law.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, and every 2 years thereafter, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Health and Human Services, the head of any other 
     Federal agency the Secretary of Homeland Security considers 
     appropriate, and child welfare advocates, shall complete an 
     analysis of the efficacy of the law, including regulations, 
     relating to unaccompanied alien children from contiguous 
     countries (in effect as of the date on which the analysis is 
     completed), including the efficacy of such laws in providing 
     access to protection for victims of trafficking and children 
     fleeing persecution.
       (2) Report.--Not later than 60 days after the date on which 
     each analysis required by paragraph (1) is completed, the 
     Secretary of Homeland Security shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives a report on the 
     results of the analysis.
       (3) Public availability.--Not later than 180 days after the 
     date on which each report is submitted under paragraph (2), 
     the Secretary of Homeland Security shall make the report 
     available to the public on an internet website of the 
     Department of Homeland Security.

     SEC. 212. IMPROVING ACCESS TO POST-RELEASE SERVICES.

       Section 235(c)(3)(B) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act (8 U.S.C. 
     1232(c)(3)(B)) is amended--
       (1) by adding at the end the following: ``Follow-up 
     services under this clause shall commence not later than the 
     date that is 30 days after the date on which the child 
     concerned is released from the custody of the Secretary of 
     Health and Human Services.'';
       (2) in the first sentence, by striking ``Before'' and 
     inserting the following:
       ``(i) In general.--Before''; and
       (3) by adding at the end the following:
       ``(ii) Access to post-release services.--

       ``(I) Home visits.--Not later than 90 days after the date 
     on which a child is released from the custody of the 
     Secretary of Health and Human Services, the Secretary shall 
     ensure that the child receives an in-person

[[Page S5189]]

     home visit to determine the well-being of the child and to 
     assess the suitability and safety of the home in which the 
     child was placed if--

       ``(aa) except as described in item (bb), a sponsor has 
     agreed to receive such services; or
       ``(bb) the child, based on all available objective 
     evidence--
       ``(AA) has been or is at risk of becoming a victim of a 
     severe form of trafficking in persons;
       ``(BB) is a special needs child with a disability (as 
     defined in section 3 of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12102));
       ``(CC) has been or is at risk of becoming a victim of 
     physical or sexual abuse under circumstances that indicate 
     that the child's health or welfare has been or would be 
     significantly harmed or threatened; or
       ``(DD) is a child whose sponsor clearly presents a risk of 
     abuse, maltreatment, exploitation, neglect, or labor 
     exploitation to the child.

       ``(II) Additional follow-up services.--The Secretary of 
     Health and Human Services shall ensure that a child receives 
     additional follow-up services if, in the course of the home 
     visit under subclause (I), it is determined for the first 
     time that the child, based on all available objective 
     evidence--

       ``(aa) has been or is at risk of becoming a victim of a 
     severe form of trafficking in persons;
       ``(bb) is a special needs child with a disability (as 
     defined in section 3 of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12102));
       ``(cc) has been or is at risk of becoming a victim of 
     physical or sexual abuse under circumstances that indicate 
     that the child's health or welfare has been or would be 
     significantly harmed or threatened; or
       ``(dd) is a child whose sponsor clearly presents a risk of 
     abuse, maltreatment, exploitation, neglect, or labor 
     exploitation to the child.''.

     SEC. 213. STATE-LEVEL COORDINATORS FOR UNACCOMPANIED 
                   CHILDREN'S SERVICES.

       Section 235(c) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act (8 U.S.C. 1232(c)) is 
     amended by adding at the end the following:
       ``(7) Assistance to state and local entities for 
     unaccompanied children's services.--
       ``(A) Assistance to states.--The Secretary of Health and 
     Human Services may provide funding to each State to appoint a 
     State-level coordinator to fulfill the responsibilities 
     described in subparagraph (C).
       ``(B) Nongovernmental coordinator.--If a State does not 
     appoint a coordinator under subparagraph (A), the Secretary 
     of Health and Human Services may appoint a nongovernmental 
     coordinator to fulfill the responsibilities described in 
     subparagraph (C).
       ``(C) Responsibilities.--The responsibilities described in 
     this subparagraph shall include the following:
       ``(i) To raise the awareness of governmental and 
     nongovernmental entities with respect to the vulnerabilities 
     of unaccompanied alien children, including Federal oversight 
     mechanisms, such as the Office of the Ombudsperson for 
     Immigrant Children in Federal Custody established under 
     section 102 of the Protecting Unaccompanied Children Act.
       ``(ii) To coordinate the efforts of such entities so as to 
     meet the educational, medical and mental health care, child 
     welfare, and social services needs of unaccompanied alien 
     children.
       ``(iii) To work with service providers engaged in the care 
     and custody of unaccompanied alien children to identify 
     community services, and to increase access to such services, 
     for unaccompanied alien children.
       ``(iv) To ensure that schools, recreational facilities, 
     community centers, and similar institutions have information 
     regarding--

       ``(I) the risks of human trafficking and labor exploitation 
     for vulnerable children; and
       ``(II) child labor laws, local minimum wage requirements, 
     and mechanisms for reporting violations of such laws and 
     requirements.

       ``(v) To ensure that information provided under clause 
     (iv)--

       ``(I) is written in plain, child-accessible language 
     (including in appropriate languages other than English); and
       ``(II) makes clear that such laws and requirements apply to 
     all children and workers regardless of immigration status.

       ``(vi) To ensure that language is not a barrier to 
     obtaining the services described in this paragraph.''.

     SEC. 214. ASSISTANCE FOR CHILDREN AND FAMILIES SEPARATED 
                   UNDER ZERO TOLERANCE.

       (a) In General.--Notwithstanding any other provision of 
     law, an individual shall be eligible for the benefits 
     described in subsection (b), if the individual--
       (1) has completed security and law enforcement background 
     checks to the satisfaction of the Secretary of Homeland 
     Security; and
       (2)(A) has been paroled into the United States under 
     section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) pursuant to the implementation of 
     Executive Order 14011, and has not had such parole 
     terminated; or
       (B) is eligible, based on a determination by the Secretary 
     of Health and Human Services through reference to the 
     identified members of the classes, and their minor children, 
     in the class-action lawsuits J.P. v. Barr (C.D. Cal. 2020) 
     and Ms. L. v. U.S. Immigration and Customs Enforcement, 330 
     F.R.D. 284 (2019), for any assistance, program, benefit, or 
     services described in subsection (b).
       (b) Benefits.--Notwithstanding any other provision of law, 
     an individual described in subsection (a) shall be eligible 
     for--
       (1) resettlement assistance, entitlement programs, and 
     other benefits available to refugees admitted under section 
     207 of the Immigration and Nationality Act (8 U.S.C. 1157) to 
     the same extent, and for the same periods of time, as such 
     refugees;
       (2) services described under section 412(d)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), 
     subject to subparagraph (B) of such section, if such 
     individual is an unaccompanied alien child (as defined in 
     section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g))); and
       (3) a driver's license or identification card under section 
     202 of the REAL ID Act of 2005 (division B of Public Law 109-
     13; 49 U.S.C. 30301 note), notwithstanding subsection 
     (c)(2)(B) of such section.

      Subtitle C--Facilities Housing Unaccompanied Alien Children

     SEC. 221. TECHNICAL ASSISTANCE FOR COMMUNITY-BASED CARE 
                   PROVIDERS.

       (a) In General.--Section 235(c)(2) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act (8 U.S.C. 1232(c)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in the first sentence, by striking ``Subject to'' and 
     inserting the following:
       ``(i) In general.--Subject to''; and
       (B) by adding at the end the following:
       ``(ii) Presumption of least restrictive setting.--The least 
     restrictive setting that is in the best interest of the child 
     is presumed to be a placement that most approximates a family 
     and in which the child's special needs, if any, may be met. 
     Children placed under this subsection shall be placed in the 
     following order of preference:

       ``(I) Family-based foster care.
       ``(II) Group home foster care.
       ``(III) A shelter with capacity for 25 or fewer children.

       ``(iii) Technical assistance.--The Secretary of Health and 
     Human Services shall provide technical assistance to 
     nongovernmental, nonprofit organizations that are eligible 
     for grants and contracts awarded by the Department of Health 
     and Human Services to ensure that children are placed in 
     small scale, community-based settings.''.
       (b) Annual Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Health and Human Services shall submit to 
     Congress a report on the number of unaccompanied alien 
     children who, during the preceding fiscal year, resided in a 
     facility with a capacity for 25 or fewer children.
       (2) Description of barriers to obtaining hhs contracts and 
     grants.--Each report required by paragraph (1) shall describe 
     in detail the barriers for small-scale community-based 
     providers to undergoing the Department of Health and Human 
     Services contracting and granting processes, including 
     staffing limitations, availability, outreach, recruitment of 
     potential providers, other identified barriers to making the 
     transition to small-scale community-based facilities, and 
     recommendations to address such barriers.
       (3) Consultation.--In developing each report required by 
     paragraph (1), the Secretary for Health and Human Services 
     shall consult with staff of current small-scale or community-
     based facilities housing children and other organizations 
     with expertise in child development, child welfare, and 
     serving children with disabilities.
       (c) Plan to Transition Care to Foster Care or Small-scale 
     Settings.--
       (1) In general.--The Secretary of Health and Human Services 
     shall develop a plan to transition all unaccompanied alien 
     children in the custody of the Secretary to--
       (A) foster care placements; or
       (B) shelters with capacity for 25 or fewer children.
       (2) Submission to congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall submit to Congress the plan 
     developed under paragraph (1).

     SEC. 222. STANDARDS AND COMPLIANCE.

       Section 235(c)(2) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act (8 U.S.C. 1232), as 
     amended by section 221, is further amended--
       (1) in subparagraph (A), by adding at the end the 
     following:
       ``(iv)  Background checks for covered individuals.--

       ``(I) In general.--Subject to subclause (II), the Secretary 
     of Health and Human Services shall ensure that, not less 
     frequently than every 5 years, each covered individual 
     completes a background check to the satisfaction of the 
     Secretary.
       ``(II) Waiver for direct services providers.--The Secretary 
     of Health and Human Services may waive the application of 
     subclause (I) in the case of an attorney of record or 
     licensed medical practitioner who provides on-site services 
     at a facility that houses unaccompanied alien children.
       ``(III) Scope.--The scope of a background check required by 
     this clause shall include, at a minimum, the following:

       ``(aa) A fingerprint check by the Federal Bureau of 
     Investigation and State criminal history repositories.

[[Page S5190]]

       ``(bb) A child protective services check with the 
     individual's State of United States residence for the last 5 
     years.
       ``(cc) Background investigation updates at a minimum of 
     every 5 years.

       ``(IV) Covered individual defined.--In this clause, the 
     term `covered individual' means--

       ``(aa) an employee or contractor with direct access to 
     unaccompanied alien children in the care and custody of the 
     Secretary of Health and Human Services;
       ``(bb) an individual with unsupervised, direct access to 
     such children; and
       ``(cc) a foster parent with whom an unaccompanied alien 
     child is placed, including a transitional or long-term foster 
     parent, and each foster parent household member who is aged 
     18 years or over.

       ``(V) Rule of construction.--Nothing in this clause may be 
     construed to supersede applicable State licensing 
     requirements for background checks on employees of programs 
     or facilities involved in the care and custody of 
     children.''; and

       (2) in subparagraph (B), in the first sentence, by striking 
     ``subparagraph (A)'' and inserting ``subparagraph (A)(i)''.

   Subtitle D--Child Welfare at the Border and Prevention of Family 
                               Separation

     SEC. 231. CHILD WELFARE TRAINING AT THE BORDER.

       (a) Definitions.--In this section:
       (1) Cooperating entity.--The term ``cooperating entity'' 
     means a State or local entity acting pursuant to an agreement 
     with the Secretary of Homeland Security.
       (2) Expert in child development.--The term ``expert in 
     child development'' means an individual who has significant 
     education and expertise on infant, child, and adolescent 
     development, and on the effects of trauma on children.
       (3) Expert in child welfare.--The term ``expert in child 
     welfare'' means an individual who has--
       (A) knowledge of Federal and State child welfare laws and 
     standards; and
       (B) not less than 5 years of experience in the field of 
     child and adolescent development or child welfare.
       (4) Expert in pediatric medicine.--The term ``expert in 
     pediatric medicine'' means--
       (A) an individual who is board-certified in pediatric 
     medicine in one or more States; and
       (B) an individual with an advanced degree in pediatric 
     medicine on the faculty of an institution of higher education 
     in the United States.
       (b) Guidelines.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Health and Human Services, 
     experts in child development, experts in child welfare, and 
     experts in pediatric medicine, shall develop guidelines for 
     the treatment of children in the custody of the Commissioner 
     of U.S. Customs and Border Protection.
       (c) Mandatory Training.--The Secretary of Homeland 
     Security, in consultation with the Secretary of Health and 
     Human Services, shall--
       (1) require all U.S. Customs and Border Protection 
     personnel, and cooperating entity personnel, who have contact 
     with a child at a port of entry or Border Patrol station to 
     undergo appropriate training, which shall include live 
     training, on--
       (A) the applicable legal authorities, policies, practices, 
     and procedures relating to children; and
       (B) child-friendly interviewing techniques, child 
     development, trauma, and the manner in which trauma affects 
     the health and behavior of children; and
       (2) require U.S. Customs and Border Protection personnel, 
     not less frequently than annually, to undertake continuing 
     training on--
       (A) identifying and responding to common signs and symptoms 
     of medical distress in children;
       (B) best practices with respect to the guidelines developed 
     under subsection (b); and
       (C) changes in the legal authorities, policies, and 
     procedures described in paragraph (1)(A).

     SEC. 232. PREVENTING FAMILY SEPARATION OF UNACCOMPANIED 
                   CHILDREN.

       Section 235(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act (8 U.S.C. 1232(b)) is 
     amended by adding at the end the following:
       ``(5) Preventing separation from non-parent relatives.--
       ``(A) In general.--In the case of an unaccompanied alien 
     child determined to have entered the United States or have 
     been apprehended with a relative who is neither a parent nor 
     guardian, the Secretary of Health and Human Services, in 
     consultation with the Secretary of Homeland Security or other 
     appropriate agencies of the government, shall evaluate 
     whether that unaccompanied alien child can be safely released 
     from Federal custody to that relative as a sponsor consistent 
     with the process described in paragraph (3) of this section.
       ``(B) Release to relative.--If the Secretary of Health and 
     Human Services makes such a determination, the Secretary of 
     Homeland Security shall release the unaccompanied alien child 
     to that relative unless the circumstances in subparagraph (C) 
     apply.
       ``(C) Consideration of relative as sponsor.--If an 
     unaccompanied alien child is transferred to the custody of 
     the Secretary of Health and Human Services, the non-parent 
     relative described in subparagraph (A) may continue to be 
     evaluated as a potential sponsor to whom the child may be 
     released from Federal custody as described in subsection 
     (c)(3) of this section, as necessary to ensure child well-
     being and safety.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed to change the definition of a parent or 
     legal guardian for the purpose of making a determination of 
     whether a child is an unaccompanied alien child pursuant to 
     462(g)(C) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)(C)).
       ``(E) Facilities requirements.--The Secretary of Homeland 
     Security, in consultation with the Secretary of Health and 
     Human Services, shall ensure that child-appropriate spaces 
     are available to complete the evaluations described in this 
     paragraph. Such space shall accommodate staff of the 
     Department of Health and Human Services, as appropriate.
       ``(F) Recordkeeping.--With respect to each alien over the 
     age of 18 years who has entered the United States with an 
     unaccompanied alien child, the Secretary of Homeland Security 
     shall--
       ``(i) maintain an electronic record that includes the 
     familial relationship between the adult and child; and
       ``(ii) share such record with the Secretary of Health and 
     Human Services as necessary to facilitate the identification 
     of an appropriate sponsor for the child.''.

              TITLE III--ENSURING SAFE RELEASE TO SPONSORS

     SEC. 301. ENSURING SAFE RELEASE TO SPONSORS WHO ARE NOT 
                   PARENTS OR LEGAL GUARDIANS.

       Section 235(c)(3)(A) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act (8 U.S.C. 
     1232(c)(3)(A)) is amended--
       (1) by inserting ``or sponsor'' after ``makes a 
     determination that the proposed custodian'';
       (2) by inserting ``, address,'' after ``custodian's 
     identity''; and
       (3) by striking the period and inserting the following: ``, 
     in accordance with uniform procedures established by the 
     Secretary of Health and Human Services. If a proposed sponsor 
     is not the parent or legal guardian of a child, such 
     procedures shall include criminal background and public 
     records checks for any proposed sponsor or adult member of 
     the proposed sponsor's household. The Secretary of Health and 
     Human Services shall ensure that information obtained about a 
     sponsor or a household member of a sponsor through such 
     checks is not shared with the Department of Homeland Security 
     or any other Federal agency for the purpose of immigration 
     enforcement.''.

     SEC. 302. EXPANSION AND EVALUATION OF HOME STUDIES.

       (a) Section 235(c)(3)(B) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act (8 U.S.C. 
     1232(c)(3)(B)), as amended by section 212, is further 
     amended--
       (1) in clause (i), by inserting ``or custodian clearly'' 
     after ``whose proposed sponsor'';
       (2) by adding at the end the following: ``A home study 
     shall also be conducted for a child whose proposed sponsor is 
     a distant relative or unrelated to the child in which 
     verification of relationship cannot be clearly 
     demonstrated.'';
       (3) by redesignating clause (ii) as clause (iv); and
       (4) by inserting after clause (i) the following:
       ``(ii) Guidelines.--The Secretary of Health and Human 
     Services shall establish guidelines for the conduct of home 
     studies under clause (i) that include--

       ``(I) a deadline for completion of a home study that is not 
     sooner than 15 calendar days after the date on which the home 
     study is requested;
       ``(II) objective, publicly available criteria for releasing 
     a child following a negative home study recommendation; and
       ``(III) requirements for individuals who conduct home 
     studies, including at a minimum professional or educational 
     knowledge related to child and adult development, cultural 
     competence, trauma, parenting and family dynamics, and 
     screening and identifying indicators of human trafficking.

       ``(iii) Report.--

       ``(I) In general.--Not later than 2 years after the date of 
     the enactment of the Protecting Unaccompanied Children Act, 
     and every 2 years thereafter, the Secretary of Health and 
     Human Services shall report on the effectiveness of home 
     studies conducted under clause (i).
       ``(II) Elements.--Each report required by subclause (I) 
     shall include the following:

       ``(aa) An assessment of the effectiveness of such home 
     studies in identifying safety concerns.
       ``(bb) For the preceding 2-year period--
       ``(AA) the number of home studies conducted and a 
     description of the outcomes of such home studies, including 
     whether or not each home study resulted in a positive or 
     negative recommendation of the sponsor concerned;
       ``(BB) the number and type of safety concerns identified 
     through such home studies; and
       ``(CC) the number of sponsors to whom a child was not 
     released due to safety concerns identified through a home 
     study.''.

     SEC. 303. REQUIREMENTS FOR CHILD AND SPONSOR CASE MANAGEMENT 
                   SYSTEM.

       (a) In General.--Section 235(c)(3) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act (8 U.S.C. 1232(c)(3)) is amended by adding at the end the 
     following:

[[Page S5191]]

       ``(D) Case management system.--
       ``(i) In general.--The Secretary of Health and Human 
     Services shall maintain a searchable electronic case 
     management system to track the placement of unaccompanied 
     alien children that includes the following information:

       ``(I) The name and address of each proposed sponsor, 
     including the number of unaccompanied alien children placed 
     with each sponsor and names of household members of a 
     proposed sponsor.
       ``(II) Reported safety concerns, including reports of 
     trafficking or exploitation, identified for sponsors of 
     unaccompanied alien children, or identified for adult members 
     of household at a specific address.
       ``(III) Vulnerabilities of unaccompanied alien children 
     while in the care and custody of the Secretary of Health and 
     Human Services, including whether the child is a priority for 
     post-release services.
       ``(IV) Reports of trafficking or exploitation made by 
     unaccompanied alien children, including reported information 
     about geographic area (such as a neighborhood) where such 
     trafficking occurred and where employers implicated in such 
     reports are located.

       ``(ii) Case management system requirements.--

       ``(I) Potential duplicate records.--In the event that the 
     case management system detects a potential duplicate record, 
     employees of the Department of Health and Human Services and 
     grantees or contractors acting on behalf of the Department, 
     shall verify the records and, if necessary, consolidate 
     duplicate records.
       ``(II) Exclusion of information on immigration status.--The 
     case management system shall not include information with 
     respect to the immigration status of any sponsor or adult 
     member of a sponsor's household.
       ``(III) Nondisclosure for enforcement purposes.--The 
     information contained in the case management system shall not 
     be disclosed to the Secretary of Homeland Security for the 
     purpose of immigration enforcement.

       ``(iii) Privacy protections.--Any record collected, stored, 
     received, or published under this subparagraph shall be--

       ``(I) collected, stored, received, or published in a manner 
     that protects the privacy of any individual whose information 
     is included in such data;
       ``(II) de-identified or anonymized in a manner that 
     protects the identity of any individual whose information is 
     included in such data; and
       ``(III)(aa) limited in use for the purpose of carrying out 
     the duties of the Office of the Ombudsperson; and
       ``(bb) protected from any other--

       ``(AA) internal use by any entity that collects, stores, or 
     receives the record; or
       ``(BB) inappropriate use.''.

   TITLE IV--PROTECTIONS AND ACCESS TO CERTAIN SERVICES FOR SPECIAL 
          IMMIGRANT JUVENILES AND OTHER VULNERABLE IMMIGRANTS

     SEC. 401. ELIMINATING ANNUAL EMPLOYMENT-BASED VISA CAPS FOR 
                   SPECIAL IMMIGRANT JUVENILES.

       (a) Aliens Not Subject to Direct Numerical Limitations.--
     Section 201(b)(1)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1151(b)(1)(A)) is amended by striking 
     ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), 
     (B), or (J)''.
       (b) Preference Allocation for Employment-based 
     Immigrants.--Section 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)(4)) is amended by striking 
     ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), 
     (B), or (J)''.

     SEC. 402. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON U 
                   VISAS.

       Section 214(p) of the Immigration and Nationality Act (8 
     U.S.C. 1184(p)) is amended by striking paragraph (2).

     SEC. 403. ACCESS TO MEDICAID FOR CERTAIN CHILDREN GRANTED 
                   STATUS.

       (a) Eligibility.--Section 402(b)(2)(A)(i) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(b)(2)(A)(i)) is amended --
       (1) in subclause (IV), by striking ``or'' at the end;
       (2) in subclause (V), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:

       ``(VI) an alien is granted special immigrant status under 
     section 101(a)(27)(J) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(27)(J));
       ``(VII) an alien under the age of 21 is granted status 
     under section 101(a)(15)(U) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15(U)); or
       ``(VIII) an alien is eligible for deferred action pursuant 
     to the June 15, 2012, Department of Homeland Security 
     Memorandum entitled `Exercising Prosecutorial Discretion with 
     Respect to Individuals Who Came to the United States as 
     Children', or any successor policy.''.

       (b) Modification to Duration of Attribution.--Section 
     421(b) of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1631(b)) is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) is granted special immigrant status under section 
     101(a)(27)(J) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(J));
       ``(4) in the case of an alien under the age of 21, is 
     granted status under section 101(a)(15)(U) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15(U)); or
       ``(5) is eligible for deferred action pursuant to the June 
     15, 2012, Department of Homeland Security Memorandum entitled 
     `Exercising Prosecutorial Discretion with Respect to 
     Individuals Who Came to the United States as Children', or 
     any successor policy.''.

               TITLE V--STOPPING CHILD LABOR TRAFFICKING

     SEC. 501. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS 
                   OR CRIME.

       (a) Protection for Victims of Labor and Employment 
     Violations.--Section 101(a)(15)(U) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended--
       (1) in clause (i)--
       (A) by striking subclause (I) and inserting the following:

       ``(I) the alien--

       ``(aa) has suffered substantial physical, emotional, or 
     mental abuse or harm as a result of having been a victim of 
     criminal activity described in clause (iii);
       ``(bb) has suffered substantial physical, emotional, or 
     mental abuse or harm related to a violation described in 
     clause (iv);
       ``(cc) is a victim of criminal activity described in clause 
     (iii) and would suffer extreme hardship upon removal; or
       ``(dd) has suffered a violation described in clause (iv) 
     and would suffer extreme hardship upon removal;'';
       (B) in subclause (II), by inserting ``, or a labor or 
     employment violation resulting in a workplace claim described 
     in clause (iv)'' before the semicolon at the end;
       (C) in subclause (III)--
       (i) by striking ``or State judge, to the Service'' and 
     inserting ``, State, or local judge, to the Department of 
     Homeland Security, to the Equal Employment Opportunity 
     Commission, to the Department of Labor (including the 
     Occupational Safety and Health Administration), to the 
     National Labor Relations Board, to the head official of a 
     State or local government department of labor, workforce 
     commission, or human relations commission or council'';
       (ii) by striking ``investigating or prosecuting'' and 
     inserting ``investigating, prosecuting, or seeking civil 
     remedies for''; and
       (iii) by inserting ``, or investigating, prosecuting, or 
     seeking civil remedies for a labor or employment violation 
     related to a workplace claim described in clause (iv)'' 
     before the semicolon; and
       (D) in subclause (IV)--
       (i) by inserting ``(aa)'' after ``(IV)'';
       (ii) by inserting ``or'' after the semicolon at the end; 
     and
       (iii) by adding at the end the following:

       ``(bb) a workplace claim described in clause (iv) resulting 
     from a labor or employment violation;'';

       (2) in clause (ii)(II), by striking ``and'' at the end;
       (3) in clause (iii), by striking ``or'' at the end and 
     inserting ``and''; and
       (4) by adding at the end the following:
       ``(iv) in the labor or employment violation related to a 
     workplace claim, the alien has filed, is a material witness 
     in, or is likely to be helpful in the investigation of, a 
     bona fide workplace claim (as defined in section 
     274A(e)(10)(B)(iii)(II)); or''.
       (b) Temporary Protection for Injured Workers and Victims of 
     Crime, Labor, and Employment Violations.--Notwithstanding any 
     other provision of law, the Secretary of Homeland Security 
     may permit an alien to temporarily remain in the United 
     States, shall not remove the alien from the United States 
     during the permitted period, and shall provide the alien with 
     the alien employment authorization, if the Secretary 
     determines that the alien--
       (1) has filed for relief under section 101(a)(15)(U) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) or 
     section 101(a)(15)(T) of such Act (8 U.S.C. 1101(a)(15)(T));
       (2)(A) has filed, or is a material witness to, a bona fide 
     workplace claim (as defined in paragraph (10) of section 
     274A(e) of such Act, as added by section 502(b) of this Act) 
     or has filed, or is a material witness to, a civil claim 
     arising from criminal activity (as defined in paragraph (10) 
     of section 274A(e) of such Act, as added by section 502(b) of 
     this Act); and
       (B) has been helpful, is being helpful, or is likely to be 
     helpful to--
       (i) a Federal, State, or local law enforcement official;
       (ii) a Federal, State, or local prosecutor;
       (iii) a Federal, State, or local judge;
       (iv) the Department of Homeland Security;
       (v) the Equal Employment Opportunity Commission;
       (vi) the Department of Labor, including the Occupational 
     Safety and Health Administration;
       (vii) the National Labor Relations Board;
       (viii) the head official of a State or local government 
     department of labor, workforce commission, or human relations 
     commission or council; or
       (ix) other Federal, State, or local authorities; or
       (3) has filed a workers' compensation claim or is 
     undergoing treatment for a workplace injury or illness.
       (c) Requirements Applicable to U Visas.--Section 214(p) of 
     the Immigration

[[Page S5192]]

     and Nationality Act (8 U.S.C. 1184(p)) is amended--
       (1) in paragraph (1), by inserting ``or investigating, 
     prosecuting, or seeking civil remedies for workplace claims 
     described in section 101(a)(15)(U)(iv)'' after ``section 
     101(a)(15)(U)(iii)'' each place such term appears; and
       (2) in paragraph (6)--
       (A) by inserting ``or workplace claims described in section 
     101(a)(15)(U)(iv)'' after ``described in section 
     101(a)(15)(U)(iii)''; and
       (B) by inserting ``or workplace claim'' after ``prosecution 
     of such criminal activity''.
       (d) Adjustment of Status for Victims of Crimes.--Section 
     245(m)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1255(m)(1)) is amended, in the matter preceding subparagraph 
     (A), by inserting ``or an investigation or prosecution 
     regarding a workplace claim'' after ``prosecution''.
       (e) Adjustment of Status and Fees.--Section 245(l)(7) of 
     the Immigration and Nationality Act (8 U.S.C. 1255(l)(7)) is 
     amended by striking ``permit aliens to apply for a waiver 
     of'' and inserting ``not require the payment of''.
       (f) Change of Nonimmigrant Classification.--Section 
     384(a)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1367(a)(1)) is amended--
       (1) in subparagraph (E), by striking ``physical or mental 
     abuse and the criminal activity'' and inserting ``abuse and 
     the criminal activity or workplace claim'';
       (2) in subparagraph (F)--
       (A) by striking ``(8 U.S.C. 1101(a)(51))'' and inserting 
     ``(8 U.S.C. 1101(a)(51)))''; and
       (B) by adding ``or'' at the end; and
       (3) by inserting after subparagraph (F) the following:
       ``(G) the alien's employer,''.
       (g) Confidentiality of Information.--Section 384(b)(2) of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1367(b)(2)) is amended by adding at the 
     end the following: ``However, neither the Secretary of 
     Homeland Security nor the Attorney General may use the 
     information furnished pursuant to any application under 
     section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27), 101(a)(51), 
     106, 240A(b)(2), or 244(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(T), 1101(a)(15)(U), 1101(a)(27), 
     1101(a)(51), 1105a, 1229b(b)(2), or 1254a(a)) or section 
     107(b)(1)(E)(i)(II)(bb) of the Victims of Trafficking and 
     Violence Protection Act of 2000 (22 U.S.C. 
     7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or 
     carrying out a removal proceeding.''.

     SEC. 502. LABOR ENFORCEMENT ACTIONS.

       (a) Removal Proceedings.--Section 239(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1229(e)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``In cases where'' and inserting ``If''; 
     and
       (B) by inserting ``or as a result of information provided 
     to the Department of Homeland Security in retaliation against 
     individuals for exercising or attempting to exercise their 
     employment rights or other legal rights'' after ``paragraph 
     (2)''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(C) At a facility about which a workplace claim has been 
     filed or is contemporaneously filed.''.
       (b) Unlawful Employment of Aliens.--Section 274A(e) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(e)) is 
     amended by adding at the end the following:
       ``(10) Conduct in enforcement actions.--
       ``(A) Enforcement action.--If the Secretary of Homeland 
     Security undertakes an enforcement action at a facility about 
     which a workplace claim has been filed or is 
     contemporaneously filed, or as a result of information 
     provided to the Department of Homeland Security in 
     retaliation against employees for exercising their rights 
     related to a workplace claim, the Secretary shall ensure 
     that--
       ``(i) any aliens arrested or detained who are victims of or 
     material witnesses to workplace claim violations or criminal 
     activity (as described in subparagraph (T) or (U) of section 
     101(a)(15)) are not removed from the United States until 
     after the Secretary--

       ``(I) notifies the appropriate agency with jurisdiction 
     over such violations or criminal activity; and
       ``(II) provides such agency with the opportunity to 
     interview such aliens; and

       ``(ii) no aliens entitled to a stay of removal or abeyance 
     of removal proceedings under this section are removed.
       ``(B) Protections for victims of crime, labor, and 
     employment violations.--
       ``(i) Stay of removal or abeyance of removal proceedings.--
     An alien against whom removal proceedings have been initiated 
     under chapter 4 of title II, who has filed a workplace claim, 
     who is a material witness in any pending or anticipated 
     proceeding involving a bona fide workplace claim or civil 
     claim arising from criminal activity, or who has filed for 
     relief under section 101(a)(15)(U), shall be entitled to a 
     stay of removal or an abeyance of removal proceedings and to 
     employment authorization until the resolution of the 
     workplace claim or the denial of relief under section 
     101(a)(15)(U) after exhaustion of administrative or judicial 
     appeals, whichever is later.
       ``(ii) Duration.--Any stay of removal or abeyance of 
     removal proceedings and employment authorization issued 
     pursuant to clause (i) shall remain valid until the 
     resolution of the workplace claim or the denial of relief 
     under section 101(a)(15)(U) after the exhaustion of 
     administrative or judicial appeals, and shall be extended by 
     the Secretary of Homeland Security for a period of not longer 
     than 10 additional years upon determining that--

       ``(I) such relief would enable the alien asserting a 
     workplace claim or civil claim arising from criminal 
     activity, or assisting in investigation or prosecution of 
     criminal activity, to pursue the matter to resolution, 
     according to any agency administering any statute underlying 
     these claims or any other credible evidence;
       ``(II) the deterrent goals of any statute underlying a 
     workplace claim, criminal activity, or civil claim arising 
     from criminal activity would be served, according to any 
     agency administering such a statute or any other credible 
     evidence; or
       ``(III) such extension would otherwise further the 
     interests of justice.

       ``(iii) Definitions.--In this paragraph:

       ``(I) Civil claim arising from criminal activity.--The term 
     `civil claim arising from criminal activity' means any 
     written or oral claim, charge, complaint, or grievance filed 
     with, communicated to, or submitted to a Federal, State, or 
     local agency or court related to the violation of applicable 
     Federal, State, and local laws arising from criminal activity 
     described in section 101(a)(15)(U)(iii).
       ``(II) Material witness.--Notwithstanding any other 
     provision of law, the term `material witness' means an 
     individual who presents a declaration from an attorney 
     investigating, prosecuting, or defending the claim or from 
     the presiding officer overseeing the claim attesting that, to 
     the best of the declarant's knowledge and belief, reasonable 
     cause exists to believe that the testimony of the individual 
     will be relevant to the outcome of the workplace claim.
       ``(III) Workplace claim.--The term `workplace claim' means 
     any written or oral claim, charge, complaint, or grievance 
     filed with, communicated to, or submitted to the employer, a 
     Federal, State, or local agency or court, or an employee 
     representative related to the workplace injury or illness or 
     to the violation of applicable Federal, State, and local 
     labor laws, including laws concerning wages and hours, labor 
     relations, family and medical leave, occupational health and 
     safety, civil rights, or nondiscrimination.''.

       (c) Continued Application of Workforce and Labor Protection 
     Remedies.--Section 274A(e) of the Immigration and Nationality 
     Act (8 U.S.C. 1324a(e)), as amended by subsection (b), is 
     further amended by adding at the end the following:
       ``(11) Rights, remedies, and relief.--Notwithstanding an 
     employee's status as an unauthorized noncitizen during the 
     time of relevant employment or during the back pay period or 
     the failure of the employer or employee to comply with the 
     requirements under this section or with any other provision 
     of Federal law relating to the unlawful employment of 
     noncitizens--
       ``(A) all rights, remedies, and relief provided under any 
     Federal, State, or local law relating to workplace rights, 
     including reinstatement and back pay, are available to such 
     employee; and
       ``(B) a court may not prohibit such an employee from 
     pursuing other causes of action giving rise to liability in a 
     civil action.''.

                      TITLE VI--GENERAL PROVISIONS

     SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act and the amendments made by 
     this Act.

     SEC. 602. SUPPLEMENTAL APPROPRIATION.

       In any month in which the number of unaccompanied children 
     referred to the Department of Health and Human Services 
     pursuant to section 462 of the Homeland Security Act of 2002 
     (6 U.S.C. 279) and section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) exceeds 10,000, as determined by the Secretary 
     of Health and Human Services, an additional $30,000,000, to 
     remain available until expended, shall be made available for 
     obligation for every 500 unaccompanied children above that 
     level (including a pro rata amount for any increment less 
     than 500), for carrying out such sections 462 and 235 and the 
     activities authorized by this Act and the amendments made by 
     this Act.

                          ____________________