[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S613-S635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1467. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

            DIVISION C--CHILDREN'S SAFE WELCOME ACT OF 2024

     SECTION 4001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Children's Safe Welcome Act of 2024''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

            DIVISION C--CHILDREN'S SAFE WELCOME ACT OF 2024

Sec. 4001. Short title; table of contents.
Sec. 4002. Definitions.

  TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

Sec. 4101. Prohibition on family separation.
Sec. 4102. Protections for noncitizen children.
Sec. 4103. Nonadversarial asylum processing for noncitizen children.
Sec. 4104. Standards for U.S. Customs and Border Protection detention 
              of noncitizen children.
Sec. 4105. Standards for U.S. Customs and Border Protection facilities 
              housing noncitizen children.
Sec. 4106. Modification of term ``asylum officer'' to exclude officers 
              of U.S. Customs and Border Protection.

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

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

Sec. 4201. Operation of foster care homes and childcare facilities.
Sec. 4202. Notice of rights.
Sec. 4203. Staffing and training.

       Subtitle B--Services for Unaccompanied Noncitizen Children

Sec. 4211. Required services.
Sec. 4212. Evaluation for disability.
Sec. 4213. Education.
Sec. 4214. Recreation.

                   Subtitle C--Placement of Children

Sec. 4221. Phasing out large congregate care facilities.
Sec. 4222. Least restrictive setting.
Sec. 4223. Foster family care.
Sec. 4224. Additional requirements relating to children with 
              disabilities and children with mental health needs.
Sec. 4225. Minimizing transfers.
Sec. 4226. Restrictive placements.
Sec. 4227. Judicial review of placement.

  Subtitle D--Family Reunification and Standards Relating to Sponsors

Sec. 4231. Family reunification efforts by Office of Refugee 
              Resettlement.
Sec. 4232. Standards relating to sponsors.
Sec. 4233. Special considerations relating to release of children with 
              disabilities.

                          Subtitle E--Release

Sec. 4241. Procedures for release.
Sec. 4242. Post-release services.
Sec. 4243. Individuals attaining 18 years of age.
Sec. 4244. Custody review by Ombudsperson.

                  TITLE III--EMERGENCIES AND INFLUXES

Sec. 4301. Sense of Congress.
Sec. 4302. Definitions.
Sec. 4303. Placement.
Sec. 4304. Planning for emergencies and influxes.
Sec. 4305. Influx facility standards and staffing.
Sec. 4306. Monitoring and oversight.

  TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN

Sec. 4401. Legal orientation presentations and legal screenings.
Sec. 4402. Legal representation.

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

Sec. 4501. Appointment of child advocates.
Sec. 4502. Immigration court improvements.

            TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT

Sec. 4601. Office of the Ombudsperson for Unaccompanied Noncitizen 
              Children in Immigration Custody.
Sec. 4602. Data collection and reporting.
Sec. 4603. Enforcement.
Sec. 4604. Protection from retaliation.
Sec. 4605. Mandatory access to detention facilities for Members of 
              Congress.

                      TITLE VII--NONDISCRIMINATION

Sec. 4701. Fair and equal treatment.
Sec. 4702. Responsibilities of care providers.

          TITLE VIII--INFORMATION SHARING AND DATA PROTECTION

Sec. 4801. Separation of records.
Sec. 4802. Prohibition on use for denial of relief or in removal 
              proceedings.
Sec. 4803. Disclosure.
Sec. 4804. Prohibition on information sharing.
Sec. 4805. Counseling records.
Sec. 4806. Data protection for sponsors.

                   TITLE IX--MISCELLANEOUS PROVISION

Sec. 4901. Rule of construction.

     SEC. 4002. DEFINITIONS.

       In this division:
       (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

[[Page S614]]

     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 
     4601.
       (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 4226(c)(3); and
       (B) does not include a facility that provides residential 
     care to children who have been adjudicated delinquent.
       (19) State-licensed program.--The term ``State-licensed 
     program'' means any public or private program, agency, or 
     organization licensed by an appropriate State agency to 
     provide residential, group, or foster care services for 
     unaccompanied noncitizen children (including a program 
     operating group homes, foster homes, or facilities for 
     special needs noncitizen children) that complies with 
     applicable--
       (A) State child welfare laws, regulations, and policies;
       (B) State and local building, fire, health, and safety laws 
     and regulations;
       (C) Federal, State, and local human rights and privacy 
     laws, as applicable; and
       (D) State staffing and training requirements.
       (20) Tender age minor.--The term ``tender age minor'' means 
     an individual who is 12 years of age or younger or has the 
     developmental age of such an individual.
       (21) Unaccompanied noncitizen child.--The term 
     ``unaccompanied noncitizen child'' has the meaning given the 
     term ``unaccompanied alien child'' in section 462(g) of the 
     Homeland Security Act of 2002 (6 U.S.C. 279(g)).

  TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

     SEC. 4101. 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 4102.
       (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 4102.
       (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. 4102. 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'';

[[Page S615]]

       (5) in subsection (a)--
       (A) by striking paragraphs (2) and (4);
       (B) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively;
       (C) in paragraph (2), as redesignated, in the paragraph 
     heading, by striking ``other'' and inserting ``unaccompanied 
     noncitizen'';
       (D) in paragraph (3), as redesignated--
       (i) in subparagraph (C), in the subparagraph heading, by 
     striking ``unaccompanied alien children'' and inserting 
     ``unaccompanied noncitizen children''; and
       (ii) in subparagraph (D), in the matter preceding clause 
     (i), by striking ``, except for an unaccompanied alien child 
     from a contiguous country subject to exceptions under 
     subsection (a)(2),''; and
       (E) by inserting after paragraph (3), as redesignated, the 
     following:
       ``(4) Child caregiver professionals at the border.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     ensure that a licensed child caregiver professional is 
     physically present to provide onsite expertise at each--
       ``(i) land port of entry at which noncitizen children are 
     most likely to enter;
       ``(ii) Border Patrol station on the southern border; and
       ``(iii) U.S. Customs and Border Protection processing 
     facility and reception center, regardless of whether such 
     facility or center is temporary in nature.
       ``(B) Qualifications.--
       ``(i) In general.--Such a child caregiver professional--

       ``(I) shall--

       ``(aa) be professionally trained and licensed to provide 
     services to children;
       ``(bb) have direct experience providing trauma-informed 
     care to children who have experienced trauma; and
       ``(cc) subject to clause (ii), be proficient in Spanish or 
     1 of the top 5 most common languages spoken by noncitizen 
     children in the past 5 years; and

       ``(II) may be a licensed childcare worker, licensed 
     pediatric health professional, or licensed child welfare 
     professional.

       ``(ii) Phase-in of language proficiency.--During the 3-year 
     period beginning on the date of the enactment of the 
     Children's Safe Welcome Act of 2024, 25 percent of the child 
     caregiver professionals hired by the Secretary of Homeland 
     Security to carry out the duties under this section shall be 
     exempt from clause (i)(III).
       ``(C) Oversight of care.--Such a child caregiver 
     professional shall oversee the care of noncitizen children in 
     U.S. Customs and Border Protection facilities, consistent 
     with the standards established under sections 4104 and 4105 
     of the Children's Safe Welcome Act of 2024, including by--
       ``(i) issuing and ensuring access to adequate food, 
     hydration, hygiene necessities, clothing, and other supplies 
     as needed;
       ``(ii) supporting general care to infants and children, 
     including monitoring, changing diapers, assisting with toilet 
     use and handwashing, feeding any child who is not able to 
     feed himself or herself, and identifying and tending to other 
     similar basic needs of children as such needs arise;
       ``(iii) providing supervision and support to children 
     during recreational and exercise activities;
       ``(iv) maintaining a safe working environment and observing 
     and encouraging adherence to safety rules and health 
     guidelines; and
       ``(v) referring any suspected or reported medical or mental 
     health issues to onsite Border Patrol or U.S. Customs and 
     Border Protection personnel and medical personnel.
       ``(D) Availability.--Caregiver services provided under this 
     paragraph shall be--
       ``(i) available 24 hours per day, 7 days per week, 
     including on weekends and Federal holidays; and
       ``(ii) provided by a mixed-gender staff, including not 
     fewer than 1 male and 1 female staff member at all times.
       ``(5) Release of children apprehended with parents, 
     adoptive parents, or legal guardians.--In the case of a child 
     apprehended with a parent, adoptive parent, or legal 
     guardian, the Secretary of Homeland Security shall--
       ``(A) subject to paragraph (2) or (3) of section 4101(a) of 
     the Children's Safe Welcome Act of 2024, release the child 
     together with the parent, adoptive parent, or legal guardian, 
     as applicable; and
       ``(B) ensure that the child is provided with support from a 
     qualified nongovernmental community-based organization with 
     experience providing services to immigrant, refugee, and 
     asylum-seeking populations.
       ``(6) Release of children apprehended with nonparent family 
     members.--In the case of a child apprehended with a nonparent 
     family member determined under subsection (b)(3)(C)(iii) to 
     be an appropriate sponsor for the child, the Secretary of 
     Health and Human Services shall--
       ``(A) subject to paragraph (2) or (3) of section 4101(a) of 
     the Children's Safe Welcome Act of 2024, release the child 
     together with the nonparent family member; and
       ``(B) ensure that the child is provided with support from a 
     qualified nongovernmental community-based organization with 
     experience providing services to immigrant, refugee, and 
     asylum-seeking populations.
       ``(7) Prohibition on operation of family detention 
     facilities.--The Federal Government may not operate, under 
     any circumstance, a family detention facility.'';
       (6) in subsection (b)--
       (A) in paragraph (1), in the paragraph heading, by striking 
     ``unaccompanied alien children'' and inserting 
     ``unaccompanied noncitizen children'';
       (B) in paragraph (3)--
       (i) in the paragraph heading, by striking ``unaccompanied 
     alien children'' and inserting ``unaccompanied noncitizen 
     children'';
       (ii) by striking ``Except in the case of exceptional 
     circumstances,'' and inserting the following:
       ``(A) In general.--Except in the case of exceptional 
     circumstances, subject to subparagraph (B),''; and
       (iii) by adding at the end the following:
       ``(B) Limitation on u.s. customs and border protection 
     custody.--Under no circumstance may the Commissioner hold an 
     unaccompanied or accompanied noncitizen child in custody for 
     more than 72 hours.
       ``(C) Reception centers.--
       ``(i) Designation.--The Commissioner shall designate 1 or 
     more reception centers located within 100 miles of each port 
     of entry and each Border Patrol Station on the southern 
     border for the purpose of conducting expedited evaluations 
     described in clause (iii).
       ``(ii) Transfer.--In the case of an unaccompanied 
     noncitizen child apprehended with a nonparent family member, 
     the Commissioner shall immediately transfer the child and his 
     or her 1 or more nonparent family members, as applicable, to 
     a reception center designated under clause (i) for the 
     purpose of an evaluation under clause (iii).
       ``(iii) Expedited evaluations.--

       ``(I) In general.--On the arrival of an unaccompanied 
     noncitizen child apprehended with a nonparent family member 
     at a designated reception center, a case manager or case 
     coordinator of the Department of Health and Human Services 
     shall evaluate the child to determine whether he or she may 
     be released safely from U.S. Customs and Border Protection 
     custody to the nonparent family member with whom the child 
     was apprehended.
       ``(II) Private space.--The Commissioner shall make 
     available in each designated reception center a private space 
     in which such a case manager or case coordinator may carry 
     out such evaluations.

       ``(iv) Staffing.--

       ``(I) Case managers and case coordinators.--

       ``(aa) In general.--Case managers and case coordinators of 
     the Department of Health and Human Services shall be detailed 
     to designated reception centers for brief periods to ensure 
     the independence of Department of Health and Human Services 
     staff from the duties and functions of U.S. Customs and 
     Border Protection.
       ``(bb) Duties.--A case manager or case coordinator detailed 
     to a designated reception center shall assist the Federal 
     field specialist at the reception center in verifying family 
     relationships and screening each unaccompanied noncitizen 
     child apprehended with a nonparent family member for safety 
     concerns using existing or newly developed Department of 
     Health and Human Services tools and skills, including 
     document review, observation, and interviews of the child and 
     family members.

       ``(II) Federal field specialists.--

       ``(aa) In general.--Federal field specialists of the 
     Department of Health and Human Services shall prioritize for 
     review the release decisions for any child arriving at the 
     border of the United States with a relative who is not a 
     parent of the child, whom the Director of the Office of 
     Refugee Resettlement would consider as a potential sponsor 
     for the child.
       ``(bb) Duties.--Such a Federal field specialist shall work 
     with case managers and case coordinators to review the 
     recommendation of case managers or case coordinators with 
     respect to the qualification of such relatives as sponsors 
     for such children.

       ``(III) Legal services providers.--The Secretary of Health 
     and Human Services shall enter into 1 or more contracts with 
     nongovernmental legal services providers to provide legal 
     orientation presentations to accompanied noncitizen children 
     and unaccompanied noncitizen children apprehended with 
     nonparent family members and their parents or legal guardians 
     or nonparent family members, as applicable, under 
     consideration for expedited release under this subparagraph.

       ``(v) Release decision.--The Secretary of Health and Human 
     Services shall make a determination with respect to expedited 
     release under this subparagraph not later than 72 hours after 
     the child has been determined to be an unaccompanied 
     noncitizen child.
       ``(vi) Release of nonparent family member.--

       ``(I) In general.--If the Secretary of Health and Human 
     Services determines that the nonparent family member of an 
     unaccompanied noncitizen child apprehended with a nonparent 
     family member is a safe sponsor, and the applicable Federal 
     field specialist and case manager or case coordinator have 
     verified the family relationship, the Commissioner shall 
     approve the release of the nonparent family member for the 
     purpose of reunification with the child.
       ``(II) Retention of unaccompanied noncitizen child 
     determination.--An unaccompanied noncitizen child released to 
     a nonparent family member who is released under subclause (I) 
     shall retain his or her determination as an unaccompanied 
     noncitizen child.
       ``(III) Post-release counsel and services.--The Secretary 
     of Health and Human

[[Page S616]]

     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 4105(h) of the Children's Safe 
     Welcome Act of 2024 indicates that the individual is 18 years 
     of age or older; or
       ``(ii) deny or impede access to any protection provided for 
     unaccompanied noncitizen children under Federal law, 
     including on the basis of--

       ``(I) the reunification of an unaccompanied noncitizen 
     child with a parent or legal guardian;
       ``(II) the release of an unaccompanied noncitizen child to 
     a nonparent family member in accordance with subsection 
     (b)(3)(C)(vi); or
       ``(III) an unaccompanied noncitizen child having attained 
     18 years of age.'';

       (7) in subsection (d)(8), in the paragraph heading, by 
     striking ``unaccompanied alien children'' and inserting 
     ``unaccompanied noncitizen children'';
       (8) by striking subsection (g);
       (9) by redesignating subsections (h) and (i) as subsections 
     (g) and (h), respectively; and
       (10) by adding at the end the following:
       ``(i) Access to Legal Services.--Each child in immigration 
     custody, including accompanied noncitizen children, shall--
       ``(1) receive a legal orientation presentation; and
       ``(2) have access to legal counsel and child advocates.
       ``(j) Treatment of Adult Family Members Apprehended With 
     Children.--
       ``(1) In general.--A parent or legal guardian or a 
     nonparent family member who is apprehended with a child shall 
     be placed in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       ``(2) Requirement.--Such a parent or legal guardian or 
     nonparent family member and the child concerned shall be 
     provided an opportunity--
       ``(A) to consult, independently and jointly, legal counsel; 
     and
       ``(B) to request such measures as may be necessary to 
     ensure--
       ``(i) full and fair consideration of their cases for relief 
     from removal; and
       ``(ii) the best interests of the child.
       ``(k) Removal Proceedings for Accompanied Noncitizen 
     Children.--With respect to an accompanied noncitizen child, 
     the child and their parent or legal guardian may only be 
     placed in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       ``(l) Definitions.--In this section:
       ``(1) Accompanied noncitizen child.--The term `accompanied 
     noncitizen child' means a noncitizen under 18 years of age 
     who--
       ``(A) has no lawful immigration status in the United 
     States; and
       ``(B) is apprehended while traveling with a parent, 
     adoptive parent, or legal guardian.
       ``(2) Commissioner.--The term `Commissioner' means the 
     Commissioner of U.S. Customs and Border Protection.
       ``(3) Danger of abuse or neglect at the hands of the 
     parent, legal guardian, or nonparent family member.--The term 
     `danger of abuse or neglect at the hands of the parent, legal 
     guardian, or nonparent family member' shall not mean 
     migrating to or crossing the United States border.
       ``(4) Nonparent family member.--With respect to an 
     unaccompanied noncitizen child apprehended with a nonparent 
     family member, the term `nonparent family member' means an 
     individual who is--
       ``(A) 18 years of age or older; and
       ``(B) a relative of such child, including a grandparent, 
     aunt, uncle, first cousin, sibling, and fictive kin.
       ``(5) Unaccompanied noncitizen child.--The term 
     `unaccompanied noncitizen child' has the meaning given the 
     term `unaccompanied alien child' in section 462(g) of the 
     Homeland Security Act of 2002 (6 U.S.C. 279(g)).
       ``(6) Unaccompanied noncitizen child apprehended with a 
     nonparent family member.--The term `unaccompanied noncitizen 
     child apprehended with a nonparent family member' means an 
     unaccompanied noncitizen child who is apprehended while 
     traveling with a nonparent family member.''.

     SEC. 4103. 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. 4104. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION 
                   DETENTION OF NONCITIZEN CHILDREN.

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

     SEC. 4105. 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 division or the amendments made by this 
     division.
       (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,

[[Page S617]]

     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

[[Page S618]]

     and Border Protection facility that houses 1 or more 
     noncitizen children is in compliance with the following 
     standards at all times:
       (A) Temperature.--The temperature inside the facility shall 
     be maintained between 70 and 73 degrees Fahrenheit.
       (B) Ventilation.--The facility shall comply with the most 
     recent guidance issued by the Centers for Disease Control and 
     Prevention with respect to ventilation in buildings to 
     mitigate the spread of COVID-19.
       (C) Food and water.--
       (i) In general.--Food shall be provided--

       (I) in a manner that follows Federal food safety laws and 
     regulations; and
       (II) according to the guidelines of the American 
     Association of Pediatrics and the American College of 
     Obstetricians and Gynecologists with respect to nutrition, 
     consistency, calories, and portion size, consistent with the 
     age of each child.

       (ii) Meals and snacks.--

       (I) Arrival.--On arrival at the facility, a child shall be 
     provided with a healthy, nutritious, and culturally 
     appropriate meal.
       (II) Meals.--Meals shall--

       (aa) be served daily to all noncitizen children for 
     breakfast, lunch, and dinner, of which not fewer than 2 meals 
     daily shall be served hot; and
       (bb) include a variety of fresh fruit, vegetables, a 
     protein, and grains.

       (III) Snacks.--Noncitizen children shall have unrestricted 
     access to healthy snacks.
       (IV) Limitation on unhealthful foods.--The availability of 
     highly processed foods and sugars shall be limited.

       (iii) Water.--Each noncitizen child shall--

       (I) be provided with not less than 1 gallon of drinking 
     water or age-appropriate fluids daily; and
       (II) have unrestricted access to drinking water.

       (iv) Accommodation.--A noncitizen child's individual 
     dietary needs or restrictions shall be accommodated.
       (v) Special considerations for infants and young 
     children.--

       (I) Bottle feeding.--

       (aa) In general.--On arrival at a facility, the parent, 
     legal guardian, or nonparent family member of a noncitizen 
     child using a bottle for feeding shall be offered 2 clean 
     baby bottles, a bottle brush, dish soap, and enough bottled 
     water and baby formula for not less than 96 ounces of formula 
     milk.
       (bb) Additional supplies.--Additional baby formula and 
     bottled water, and access to a bottle warmer, shall be 
     provided on request of the parent, legal guardian, or 
     nonparent family member.

       (II) Breastfeeding.--In the case of any noncitizen child 
     who is breastfeeding at the time of arrival at the facility--

       (aa) continued breastfeeding shall be supported; and
       (bb) the breastfeeding mother of each such noncitizen child 
     shall be provided with privacy, blankets, a quiet area for 
     breastfeeding, a nursing chair, and adequate amounts of food 
     and water consistent with the dietary needs of a 
     breastfeeding mother.
       (D) Hygiene.--
       (i) Clothes and shoes.--Each noncitizen child shall be 
     provided with a set of clean clothes, and on request, a pair 
     of shoes in good condition and warm clothing.
       (ii) Showers.--

       (I) In general.--Each noncitizen child shall be provided 
     access to a hot shower with a barrier for privacy.
       (II) Access.--A noncitizen child shall be provided access 
     to additional hot showers on request.
       (III) Temperature.--Hot water for a shower under this 
     clause shall be set at a temperature consistent with the 
     temperature required under childcare facility standards for 
     childcare facilities licensed in the State in which the 
     facility is located.

       (iii) Menstruation supplies.--Each female noncitizen child 
     shall be offered immediately a supply of tampons and pads at 
     no cost.
       (iv) Diapering.--

       (I) In general.--The parent, legal guardian, or other 
     family member of each noncitizen child using diapers shall be 
     provided immediately with 3 size-appropriate diapers and a 
     packet of diaper wipes.
       (II) Additional diapers.--Additional diapers and diaper 
     wipes shall be provided on request at no cost.
       (III) Diaper changing area.--The parent, legal guardian, or 
     other family member of each such noncitizen child shall be 
     provided--

       (aa) access to a safe and sanitary area in which to change 
     the child's diaper;
       (bb) a clean diaper changing pad; and
       (cc) a handwashing station.
       (v) Bathrooms.--Each noncitizen child shall be provided 
     access to bathrooms.
       (E) Sleep.--
       (i) Mats, blankets, and pillows.--

       (I) In general.--On arrival, each noncitizen child shall be 
     provided with a clean mat that is not less than 3 inches 
     thick, a clean cloth blanket, and a clean pillow.
       (II) Additional blankets.--A noncitizen child shall be 
     provided with additional blankets on request by the child or 
     the parent, legal guardian, or other family member of the 
     child.

       (ii) Quiet location.--On request or if there are signs of a 
     noncitizen child feeling tired, the child shall be provided 
     with access to a quiet location in which to sleep that has 
     dimmed lights.
       (iii) Schedule.--Between the hours of 9:00 p.m. and 6:00 
     a.m.--

       (I) noncitizen children shall have access to lighting that 
     is safe and conducive to sleep; and
       (II) noise shall be at a level conducive to sleep.

       (F) Recreation.--
       (i) In general.--Noncitizen children shall have access to 
     age-appropriate recreational activities, including indoor and 
     outdoor spaces for physical activity, toys, art supplies, 
     sports equipment, and books.
       (ii) Outdoor play.--Noncitizen children shall be allowed to 
     play outside for not less than 30 minutes every 3 hours 
     during daylight hours.
       (G) Religious practice.--Noncitizen children shall be 
     permitted to practice their religion or to not practice a 
     religion, as applicable.
       (5) Notice of rights.--
       (A) In general.--The Ombudsperson shall develop a notice of 
     children's rights, which shall be posted in each U.S. Customs 
     and Border Protection facility that houses children in any 
     location in which noncitizen children are located.
       (B) Description of rights.--The notice required by 
     subparagraph (A) shall include--
       (i) a description of--

       (I) all rights afforded to a noncitizen child under section 
     235 of the William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (8 U.S.C. 1232) and this 
     division;
       (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 division or the amendments 
     made by this division.
       (g) Monitoring and Oversight.--
       (1) In general.--Compliance of U.S. Customs and Border 
     Protection facilities with this division 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 
     4601.

[[Page S619]]

       (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. 4106. MODIFICATION OF TERM ``ASYLUM OFFICER'' TO EXCLUDE 
                   OFFICERS OF U.S. CUSTOMS AND BORDER PROTECTION.

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

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

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

     SEC. 4201. 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. 4202. 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 division;
       (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. 4203. 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 4231(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 4602(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,

[[Page S620]]

     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 division.

       Subtitle B--Services for Unaccompanied Noncitizen Children

     SEC. 4211. 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 4213.
       (8) Recreational activities, as described in section 4214.
       (9) Counseling services, including--
       (A) not fewer than 2 weekly individual counseling sessions 
     conducted by licensed mental health professionals, including 
     social workers, psychologists, and psychiatric staff; and
       (B) not fewer than 1 weekly group counseling session 
     conducted by licensed mental health professionals, including 
     social workers, psychologists, or psychiatric staff.
       (10) Acculturation and adaptation services, including the 
     provision of information regarding the development of social 
     and interpersonal skills.
       (11) Religious and spiritual services of the unaccompanied 
     noncitizen child's choice, if any.
       (12) Case management services designed to identify 
     relatives or prospective sponsors in the United States and 
     ensure the quick release of the unaccompanied noncitizen 
     child from the custody of the Secretary.
       (13) Visitation and contact with family members, regardless 
     of the immigration status of the family members. An 
     unaccompanied noncitizen child and family members of such a 
     child shall be provided with a private, confidential space to 
     meet in during such visitation. The Secretary of Homeland 
     Security may not pursue enforcement actions against such 
     family members during or immediately before or after such 
     visitation.
       (14) Telephone and video access for contacting parents, 
     family members, and caregivers, in a private space that 
     ensures confidentiality, at no cost to the unaccompanied 
     noncitizen child, family member, or caregiver. An 
     unaccompanied noncitizen child shall be permitted such access 
     not fewer than 4 times weekly for a period of not less than 
     30 minutes each time.
       (15) A reasonable right to privacy, including the right of 
     the unaccompanied noncitizen child--
       (A) to wear the child's own clothes, as available;
       (B) to retain a private space in the childcare facility for 
     the storage of personal belongings;
       (C) to talk privately on the telephone, as permitted by the 
     rules and regulations of the State-licensed program;
       (D) to visit privately with guests, as permitted by such 
     rules and regulations; and
       (E) to receive and send uncensored correspondence.
       (16) Legal services information regarding the availability 
     of free legal assistance, the right to be represented by 
     counsel, screenings and legal orientation presentations, and 
     facilitated, confidential access to counsel, as described in 
     title IV.
       (b) Considerations for Provision of Services.--A State-
     licensed program that operates a childcare facility shall 
     provide the services described in subsection (a) in a manner 
     that is sensitive to the age, culture, native language, and 
     complex needs of each unaccompanied noncitizen child.
       (c) Rules and Discipline Standards.--
       (1) In general.--The rules and discipline standards of such 
     a State-licensed program shall be--
       (A) formulated with consideration given to the age ranges, 
     developmental stages, and degree of trauma experienced by the 
     unaccompanied noncitizen children in the applicable childcare 
     facility; and
       (B) culturally sensitive to the needs of such children.
       (2) Prohibited measures.--Such a State-licensed program may 
     not subject any unaccompanied noncitizen child to--
       (A) corporal punishment, physical or chemical restraint, 
     seclusion, humiliation, verbal or mental abuse, or punitive 
     interference with the daily functions of living, such as 
     eating, sleeping, or bathroom access; or
       (B) any disciplinary measure that--
       (i) adversely affects the health or physical or 
     psychological well-being of the unaccompanied noncitizen 
     child; or
       (ii) denies an unaccompanied noncitizen child regular 
     meals, water, sleep, exercise, medical care, correspondence 
     privileges, legal assistance, education, recreation, bathroom 
     access, or any other service described in subsection (a).
       (d) Recordkeeping.--
       (1) Individual case records.--The operator of each 
     childcare facility and influx facility shall develop, 
     maintain, and safeguard individual client case records on 
     each unaccompanied noncitizen child in care at the facility.
       (2) Confidentiality.--The operator of each childcare 
     facility and influx facility shall develop and maintain a 
     system of accountability that preserves the confidentiality 
     of client information and protects such records from 
     unauthorized use or disclosure in accordance with section 
     4804.
       (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 division, the 
     amendments made by this division, and any other requirement 
     or standard determined by the Ombudsperson to be in the best 
     interests of unaccompanied noncitizen children.

     SEC. 4212. 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. 4213. 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.--

[[Page S621]]

       (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. 4214. RECREATION.

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

                   Subtitle C--Placement of Children

     SEC. 4221. 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 4243(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. 4222. 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. 4223. 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 4226); 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

[[Page S622]]

     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.--A criminal history 
     of a resident of a potential foster care placement shall not 
     be the basis for a denial of the foster care placement for an 
     unaccompanied noncitizen child unless the Director 
     demonstrates that such history--
       (A) includes a conviction for child abuse or trafficking; 
     or
       (B)(i) is less than 10 years old; and
       (ii) has a direct and immediate impact on the safety of the 
     unaccompanied noncitizen child.

     SEC. 4224. 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. 4225. 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. 4226. 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

[[Page S623]]

       (ii) shall not form any part of, and shall not be relied 
     upon, in any removal proceedings or any adjudication carried 
     out by U.S. Citizenship and Immigration Services, including 
     with respect to final decisions and discretionary factors.
       (5) Written decision.--
       (A) In general.--Not later than 2 business days before the 
     date on which the unaccompanied noncitizen child concerned is 
     scheduled to be transferred to a restrictive placement, the 
     fact finder shall issue a written decision approving or 
     denying such transfer, which shall be binding on the Office 
     of Refugee Resettlement.
       (B) Consideration of best interest recommendation.--In 
     making a decision on such a transfer, the fact finder shall 
     consider, and respond in writing to, the recommendation of 
     the child advocate of the unaccompanied noncitizen child 
     concerned.
       (C) Elements.--A written decision under this paragraph 
     shall--
       (i) set forth a detailed, specific, and individualized 
     justification for the decision; and
       (ii) notify the unaccompanied noncitizen child of the 
     child's--

       (I) right to placement review hearings under subsection 
     (e);
       (II) right to seek review of the decision by the 
     Ombudsperson under paragraph (6); and
       (III) right to seek judicial review of the decision.

       (D) Language access.--The decision shall be made available 
     in a language and in a format the unaccompanied noncitizen 
     child understands.
       (E) Submission to ombudsperson.--Not later than 72 hours 
     after a decision in a placement review hearing is issued 
     under this paragraph, the fact finder shall submit the 
     decision to the Ombudsperson.
       (6) Review by ombudsperson.--
       (A) In general.--On request by an unaccompanied noncitizen 
     child or the legal counsel or child advocate of the child, 
     the Ombudsperson shall carry out a review of a decision under 
     paragraph (5), which shall be completed not later than 15 
     days after the date on which the request for review is made.
       (B) Recommendation.--
       (i) In general.--In carrying out a review under this 
     paragraph, the Ombudsperson may make a recommendation with 
     respect to whether such decision should be modified.
       (ii) Finding of erroneous decision.--

       (I) In general.--If the Ombudsperson determines that the 
     decision under paragraph (5) was erroneous, the Ombudsperson 
     shall submit to the Director a recommendation for further 
     action.
       (II) Written statement.--

       (aa) In general.--If the Director declines to follow the 
     recommendation of the Ombudsperson, the Director shall 
     provide a detailed written justification to the child, the 
     prospective sponsor, the legal counsel and the child advocate 
     of the child, and the legal counsel of the prospective 
     sponsor, as applicable.
       (bb) Nondelegation.--The Director may not delegate the 
     requirement to issue such a written statement to any other 
     individual.
       (c) Limitations on Placement in Secure Facilities and 
     Staff-Secure Facilities.--
       (1) In general.--The Director may not place an 
     unaccompanied noncitizen child in a staff-secure facility 
     based solely on a risk of self-harm or behavior related to 
     the child's trauma or mental health that could be addressed 
     in a less restrictive setting with additional accommodations 
     or rehabilitative care.
       (2) Secure facilities.--The Director may never hold or 
     place an unaccompanied noncitizen child in a secure facility.
       (3) Staff-secure facilities.--
       (A) In general.--The Director may only hold or place an 
     unaccompanied noncitizen child in a staff-secure facility 
     if--
       (i) there is clear and convincing evidence that the child 
     poses a serious and imminent danger to others at the time of 
     placement;
       (ii) upon holistic review of the child's file, there is 
     clear and convincing evidence that the assessed danger does 
     not stem from the child's trauma or mental health conditions; 
     and
       (iii) even with additional accommodations and de-escalation 
     measures, the child cannot be adequately cared for in a less 
     restrictive setting or rehabilitative care.
       (B) Duration.--The Director may only hold an unaccompanied 
     noncitizen child in a staff-secure facility under 
     subparagraph (A) during the period in which the Director can 
     demonstrate that the conditions described in that 
     subparagraph exist.
       (C) Transfer.--The Director shall consider transfer of the 
     child to a less restrictive placement as soon as these 
     requirements are no longer met, even if the child has been in 
     the placement for less than 30 days.
       (4) Prohibition on placement in u.s. immigration and 
     customs enforcement facilities.--The Director may not place 
     any noncitizen child in--
       (A) a U.S. Immigration and Customs Enforcement facility; or
       (B) a facility operated by contract with U.S. Immigration 
     and Customs Enforcement.
       (d) Placement in Therapeutic Childcare Facilities.--
       (1) Limitation.--The Director may place an unaccompanied 
     noncitizen child in a therapeutic childcare secure facility 
     only if--
       (A) the unaccompanied noncitizen child has received a 
     detailed, individualized evaluation by a licensed 
     psychologist or psychiatrist who is experienced in the care 
     of children; and
       (B) the mental health professional conducting the 
     evaluation under subparagraph (A) has determined that--
       (i) the child poses a substantial risk of harm to himself 
     or herself or to others;
       (ii) such placement is in the best interests of the child; 
     and
       (iii) even with additional accommodations or rehabilitative 
     care, at the time of placement, the child cannot be 
     adequately cared for in a less restrictive setting until the 
     child receives services provided in such a placement.
       (2) Preference for community-based therapeutic foster 
     care.--Before placing an unaccompanied noncitizen child in a 
     therapeutic childcare facility, the Director shall first seek 
     to place the child in a family-based therapeutic foster care 
     placement.
       (3) Applicability of other provisions.--The procedures 
     relating to transfers, notice, and placement review hearings 
     under this title apply equally to unaccompanied noncitizen 
     children placed in residential treatment centers and other 
     therapeutic childcare facilities.
       (4) Services to be provided.--
       (A) Evaluation.--
       (i) In general.--An unaccompanied noncitizen child placed 
     in a therapeutic childcare facility shall be evaluated by a 
     licensed psychologist or psychiatrist who is experienced in 
     the care of children.
       (ii) Report.--The mental health professional conducting the 
     evaluation under clause (i) for an unaccompanied noncitizen 
     child shall--

       (I) issue a written report that sets forth--

       (aa) the reasons for such placement;
       (bb) treatment goals; and
       (cc) a plan specific to the child for transition to a less 
     restrictive setting; and

       (II) make such report available to the unaccompanied 
     noncitizen child and the child advocate of the child.

       (B) Access to counsel.--The operator of a residential 
     treatment center or any other therapeutic childcare facility 
     for unaccompanied noncitizen children shall provide access 
     to--
       (i) legal services; and
       (ii) existing legal counsel and child advocates of such 
     children, as applicable.
       (e) Monthly Review Hearing.--
       (1) In general.--Not less frequently than monthly, each 
     unaccompanied noncitizen child in a restrictive placement 
     shall be afforded a placement review hearing to determine 
     whether continued placement in the restrictive placement is 
     appropriate.
       (2) Conduct of hearings.--A hearing under this subsection 
     shall be conducted in accordance with the procedures and 
     standards for placement review hearings under subsection (b).
       (3) Report by mental health provider.--With respect to an 
     unaccompanied noncitizen child who is in a therapeutic 
     childcare facility not later than 5 days before a hearing 
     under this subsection, a licensed psychologist or 
     psychiatrist who is experienced in the care of children shall 
     submit to the fact finder a detailed report on the mental 
     health needs of the unaccompanied noncitizen child concerned.
       (4) Written decision.--
       (A) In general.--The fact finder shall issue a written 
     decision continuing or terminating the restrictive placement 
     of the unaccompanied noncitizen child concerned, which shall 
     be binding on the Office of Refugee Resettlement.
       (B) Consideration of best interest recommendation.--In 
     making a decision on such placement, the fact finder shall 
     consider--
       (i) the best interest recommendation of the child advocate 
     with respect to the unaccompanied noncitizen child concerned; 
     and
       (ii) the findings contained in the report submitted under 
     paragraph (3).
       (C) Elements.--A written decision under this paragraph 
     shall--
       (i) set forth a detailed, specific, and individualized 
     justification for the decision; and
       (ii) notify the unaccompanied noncitizen child of--

       (I) the right to further placement review hearings under 
     this subsection; and
       (II) the right to seek judicial review of the decision.

       (D) Language access.--The decision shall be made available 
     in a language and in a format the unaccompanied noncitizen 
     child understands.
       (5) Record of proceedings.--The record of proceedings for a 
     hearing under this subsection, and all related 
     documentation--
       (A) shall be maintained separately and apart from the 
     unaccompanied noncitizen child's immigration file (commonly 
     called the ``A-File''); and
       (B) shall not form any part of, and shall not be relied 
     upon, in any removal proceedings or any adjudication carried 
     out by U.S. Citizenship and Immigration Services, including 
     with respect to final decisions and discretionary factors.
       (f) Placement of Unaccompanied Noncitizen Children With 
     Disabilities in Restrictive Placements.--
       (1) In general.--An unaccompanied noncitizen child who is 
     receiving services under section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794) shall not be placed in a facility 
     that does not have access to such services.
       (2) Needs determination.--

[[Page S624]]

       (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. 4227. JUDICIAL REVIEW OF PLACEMENT.

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

  Subtitle D--Family Reunification and Standards Relating to Sponsors

     SEC. 4231. 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 4602(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. 4232. 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--

[[Page S625]]

       (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 criminal history of the prospective 
     sponsor, or a household member of the prospective sponsor, 
     shall not be a basis for denial of sponsorship unless the 
     Director demonstrates that such history includes a conviction 
     for child abuse or trafficking, or is less than 10 years old 
     and would have a direct and immediate impact on the safety of 
     the unaccompanied noncitizen child concerned.
       (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.--

[[Page S626]]

       (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. 4233. 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 4232(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 4232(b)(3) occurs.
       (e) Office of Refugee Resettlement Support for Sponsors.--
     With respect to children with disabilities released from the 
     custody of the Secretary, the Director shall support and 
     assist sponsors in accessing and coordinating post-release 
     community-based services and support or technology, to the 
     extent such services and support are available.
       (f) Alternative Placement.--If a sponsor is not identified 
     for an unaccompanied noncitizen child who receives services 
     under section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794), the Director shall make every effort to place 
     the child in therapeutic foster care, foster care, or the 
     Unaccompanied Refugee Minor program.

                          Subtitle E--Release

     SEC. 4241. 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. 4242. 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. 4243. 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.

[[Page S627]]

       (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. 4244. CUSTODY REVIEW BY OMBUDSPERSON.

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

                  TITLE III--EMERGENCIES AND INFLUXES

     SEC. 4301. 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. 4302. DEFINITIONS.

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

     SEC. 4303. 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. 4304. 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 division.
       (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.

[[Page S628]]

       (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. 4305. INFLUX FACILITY STANDARDS AND STAFFING.

       (a) Operation of Influx Facilities.--In the event that the 
     operation of an influx facility cannot be avoided, the 
     Director may operate an influx facility in accordance with 
     this section.
       (b) Standards.--
       (1) In general.--An influx facility that does not meet the 
     standards described in this subsection may not be used to 
     house any child, and children housed at such an influx 
     facility shall be transferred out of the influx facility 
     immediately.
       (2) First day of operation.--On the first day of operation, 
     an influx facility shall be in compliance with--
       (A) the staffing ratio requirements, case management 
     requirements, telephone call access, legal services access, 
     education and recreation requirements, and medical and mental 
     health services requirements that apply to childcare 
     facilities; and
       (B) the facility standards under the Prison Rape 
     Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
       (3) Within 30 days.--Not later than 30 days after the date 
     on which an influx facility commences operation, the influx 
     facility shall achieve compliance with all standards set 
     forth in title II, including State licensing standards.
       (c) Contractor Standards.--The Director may not enter into 
     a contract with any entity to operate an influx facility, 
     unless the entity has each of the following:
       (1) Demonstrated experience in providing services for 
     unaccompanied noncitizen children or children in foster care.
       (2) A plan for placement of children for whom no sponsor 
     has been identified.
       (3) A plan for--
       (A) identifying, and immediately notifying the Director 
     with respect to, any child believed to have been erroneously 
     transferred to, or in care at, the influx facility contrary 
     to the limitations set forth in paragraphs (1) and (2) of 
     section 4303(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 4602 for tracking children through 
     intake, case management, transportation, and placement.
       (d) Waiver.--
       (1) In general.--In the case of an influx facility, the 
     Director may waive compliance with a standard or procedure 
     under title II for a period of not more than 30 days.
       (2) Notice to congress.--If the Director waives compliance 
     with the requirement that an influx facility shall be 
     licensed by the State in which it is located, the Director 
     shall provide to Congress notice of such waiver, which shall 
     include--
       (A) a justification for the waiver; and
       (B)(i) a plan for the influx facility to obtain such 
     licensing; or
       (ii) in the case of an influx facility that will be unable 
     to obtain such licensing--
       (I) an explanation of the reason that--

       (aa) licensing is not possible; and
       (bb) the particular influx facility was chosen and remains 
     operationally necessary.

       (e) Reporting Mechanisms.--The Director shall establish 
     clear procedures--
       (1) for unaccompanied noncitizen children at influx 
     facilities to directly and confidentially report incidents of 
     abuse or neglect at influx facilities to the Ombudsperson, 
     consulates, and State authorities; and
       (2) to allow State child protective services immediate 
     access to any influx facility to investigate any such report.
       (f) Staffing.--
       (1) Background checks.--
       (A) In general.--The Director shall ensure that a Federal 
     Bureau of Investigation background check, and in any 
     applicable State a child abuse or neglect check, has been 
     conducted for each influx facility staff member who will have 
     direct contact with unaccompanied noncitizen children.
       (B) Timing of background checks.--The background checks 
     described in subparagraph (A) shall be completed before a 
     staff member interacts with any unaccompanied noncitizen 
     child at an influx facility.
       (C) Prohibition.--The Director shall ensure than an entity 
     with which the Director has contracted to operate an influx 
     facility does not hire as staff of the influx facility any 
     individual who has--
       (i) any conviction for child abuse or trafficking; or
       (ii) a conviction that is less than 10 years old the 
     underlying offense of which would have a substantial and 
     direct effect on the safety of unaccompanied noncitizen 
     children.
       (D) Submittal of evidence.--Not later than the date on 
     which an influx facility commences operation, the operator of 
     the influx facility shall submit to the Director and the 
     Ombudsperson evidence that background checks in accordance 
     with this paragraph--
       (i) have been completed for the relevant facility staff; 
     and
       (ii) will be completed for all new hires going forward.
       (2) Fluency in spanish.--Each staff member of an influx 
     facility who will have contact with unaccompanied noncitizen 
     children shall--
       (A) be fluent in Spanish and English; and
       (B) have experience in the care of children.
       (3) Pediatric health specialists.--An influx facility shall 
     have onsite pediatric health specialists, including a 
     pediatrician, licensed psychologist, or psychiatrist who is 
     experienced in the care of children.
       (4) Ratios.--Not later than 15 days after the date on which 
     an influx facility commences operation, the Director shall 
     ensure that the influx facility maintains staffing ratios as 
     follows:
       (A) During waking hours, not less than 1 on-duty youth care 
     worker for every 8 unaccompanied noncitizen children.
       (B) During sleeping hours, not less than 1 on-duty youth 
     care worker for every 16 unaccompanied noncitizen children.

     SEC. 4306. MONITORING AND OVERSIGHT.

       (a) Site Visits.--
       (1) Director.--
       (A) In general.--Not less frequently than monthly during 
     the period in which an influx facility is in operation, the 
     Director shall conduct a comprehensive onsite monitoring 
     visit.
       (B) Elements.--Each site visit conducted under subparagraph 
     (A) shall include--
       (i) an evaluation of the compliance of the influx facility 
     with--

       (I) the standards and procedures under title II; and
       (II) the facility standards under the Prison Rape 
     Elimination Act of 2003 (34 U.S.C. 30301 et seq.);

       (ii) an assessment of the delivery of, and unaccompanied 
     noncitizen children's access to, health care and mental 
     health care services;
       (iii) an assessment of unaccompanied noncitizen children's 
     access to counsel and legal services; and
       (iv) private, confidential interviews with unaccompanied 
     noncitizen children housed in the influx facility.
       (2) Inspector general.--The Inspector General of the 
     Department of Health and Human Services may conduct 
     unscheduled visits to any influx facility, during which the 
     Inspector General may meet confidentially with any 
     unaccompanied noncitizen child housed in the influx facility.
       (3) Ombudsperson.--Not less frequently than monthly during 
     the period in which an influx facility is in operation, the 
     Ombudsperson shall conduct a comprehensive onsite visit to 
     monitor for compliance with applicable Federal and State law 
     (including regulations), including--
       (A) the Flores settlement agreement;
       (B) section 235 of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232); and
       (C) this division.

[[Page S629]]

       (b) Tours by Approved Stakeholders.--Not less frequently 
     than monthly during the period in which an influx facility is 
     in operation, the Director shall allow approved stakeholders, 
     including representatives from nonprofit organizations 
     serving or advocating on behalf of unaccompanied noncitizen 
     children, to tour the influx facility.

  TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN

     SEC. 4401. 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. 4402. LEGAL REPRESENTATION.

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

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

     SEC. 4501. 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. 4502. 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 2024.
       (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 2024, 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

[[Page S630]]

     judges shall administratively close or terminate cases, and 
     the Board of Immigration Appeals shall remand cases for 
     administrative closure, if an individual in removal 
     proceedings--
       (1) appears to be prima facie eligible for a visa or any 
     other immigration benefit; and
       (2) has a pending application for such benefit before U.S. 
     Citizenship and Immigration Services or any other applicable 
     Federal agency.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

            TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT

     SEC. 4601. 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 division and the amendments made by this 
     division.
       (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 
     4306.
       (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.--

[[Page S631]]

       (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 4602 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 division and the 
     amendments made by this division, 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 4602.
       (ee) Recommendations--
       (AA) for improving implementation and compliance with this 
     division and the amendments made by this division; 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 4203(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 division.
       (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 
     division.

       (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 
     4105(d)(5) and 4202;
       (ii) review training materials, as described in section 
     4203(d)(4);
       (iii) conduct reviews of decisions in placement review 
     hearings, as described in section 4226(b)(6);
       (iv) conduct reviews of decisions in sponsorship hearings, 
     as described in section 4232(b)(3)(H);
       (v) regularly review data collected under section 4602; 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 division or the amendments made by 
     this division.
       (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 division or the 
     amendments made by this division.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 4602. 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.--

[[Page S632]]

       (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

[[Page S633]]

     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 4231(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 4306.
       (IV) The data and measures described in paragraph (3)(F) 
     for which new or continuing publication is--

       (aa) in the public interest; or
       (bb) required under paragraph (5)(A).

       (V) A description of any change between the information 
     reported under subclauses (I) through (IV) for the reporting 
     period and such information reported for the preceding 
     reporting period.

       (ii) Aggregation of data.--The information published under 
     clause (i) shall be aggregated so as to facilitate uniform 
     monthly reporting.
       (B) Annual report.--
       (i) In general.--Not less frequently than annually, the 
     Director shall publish on a publicly accessible internet 
     website of the Office of Refugee Resettlement the following:

       (I) As of the last day of each fiscal year, the figures for 
     the data collected under subparagraphs (E)(iii), (E)(v), 
     (E)(vii), and (E)(viii) of paragraph (3).
       (II) The data and measures described in paragraph (3)(F) 
     for which new or continuing publication is--

       (aa) in the public interest; or
       (bb) required under paragraph (5)(A).

       (III) A description of any change between the information 
     reported under subclauses (I) and (II) for the reporting 
     period and such information reported for the preceding 
     reporting period.

       (ii) Aggregation of data.--The information published under 
     clause (i) shall be aggregated so as to facilitate uniform 
     annual reporting.
       (c) Ombudsperson Review of Data.--The Secretary of Health 
     and Human Services and the Secretary of Homeland Security 
     shall--
       (1) ensure that the Ombudsperson--
       (A) has access to all real-time data regarding noncitizen 
     children in immigration custody; and
       (B) is able to independently and regularly review data 
     collected by the Department of Health and Human Services and 
     Department of Homeland Security with respect to such 
     children;
       (2) respond in a timely manner to inquiries from the 
     Ombudsperson with respect to such data; and
       (3) promptly take any necessary corrective action with 
     respect to the accuracy and integrity of such data.

     SEC. 4603. 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 division; 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 division, 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 division 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 division 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

[[Page S634]]

     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 4604 or any provision of title VII shall 
     be a misdemeanor.

     SEC. 4604. 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 
     division, 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 
     division, 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. 4605. MANDATORY ACCESS TO DETENTION FACILITIES FOR 
                   MEMBERS OF CONGRESS.

       (a) In General.--Subject to subsection (c), the Secretary 
     concerned shall allow a Member of Congress to tour any 
     facility in which 1 or more detained individuals are housed, 
     including unaccompanied noncitizen children, at a time 
     between 8:00 a.m. and 7:00 p.m. on a date requested by the 
     Member of Congress if, not later than 24 hours before the 
     date requested in the case of a Department of Homeland 
     Security facility, or not later than 2 business days before 
     the date requested in the case of a Department of Health and 
     Human Services facility, the Secretary concerned receives 
     written notice from the Member of Congress that includes--
       (1) the name of the facility; and
       (2) the date on which the Member of Congress intends to 
     tour the facility.
       (b) Accompanying Members of the Press.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     concerned shall allow 1 or more members of the press to 
     accompany a Member of Congress on a tour of a facility under 
     this section.
       (2) Limitations.--
       (A) Still or video cameras.--The Secretary concerned shall 
     not be required to allow a member of the press to enter a 
     facility under paragraph (1) with a still or video camera.
       (B) Personally identifying information.--As a condition of 
     entering a facility under paragraph (1), a member of the 
     press shall agree not to release any personally identifying 
     information of a staff member of the facility or a child 
     housed at the facility without the express authorization of 
     such staff member or child.
       (c) Limitation.--The Secretary concerned may limit a tour 
     under subsection (a) to--
       (1) in the case of a facility that houses not more than 50 
     unaccompanied noncitizen children--
       (A) not more than 5 Members of Congress; and
       (B) accompanying members of the press under subsection (b); 
     and
       (2) in the case of a facility that houses more than 50 
     detained individuals, including unaccompanied noncitizen 
     children--
       (A) not more than 10 Members of Congress; and
       (B) accompanying members of the press under subsection (b).
       (d) Definition of Secretary Concerned.--In this section, 
     the term ``Secretary concerned'' means, as applicable--
       (1) the Secretary of Homeland Security; or
       (2) the Secretary of Health and Human Services.

                      TITLE VII--NONDISCRIMINATION

     SEC. 4701. 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 division shall be delivered in a manner 
     that is sensitive to the age, culture, native language, and 
     complex needs of each noncitizen child.
       (c) Rule of Construction.--Nothing in this title shall be 
     construed to diminish any protection under any other Federal 
     or State anti-discrimination law.

     SEC. 4702. RESPONSIBILITIES OF CARE PROVIDERS.

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

          TITLE VIII--INFORMATION SHARING AND DATA PROTECTION

     SEC. 4801. 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. 4802. 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. 4803. 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. 4804. PROHIBITION ON INFORMATION SHARING.

       (a) Child in Custody and Prospective Sponsors.--The 
     Director may not provide any information about an 
     unaccompanied

[[Page S635]]

     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. 4805. 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 division 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 
     division.
       (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. 4806. DATA PROTECTION FOR SPONSORS.

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

                   TITLE IX--MISCELLANEOUS PROVISION

     SEC. 4901. RULE OF CONSTRUCTION.

       Nothing in this division 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.
                                 ______