[Congressional Record Volume 170, Number 25 (Saturday, February 10, 2024)]
[Senate]
[Page S834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1602. Ms. BUTLER (for herself and Mr. Welch) submitted an 
amendment intended to be proposed to amendment SA 1388 proposed by Mrs. 
Murray (for herself and Mr. Schumer) 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 appropriate place insert the following:


            counsel for certain unaccompanied alien children

       Sec. 3512. 
        Section 235(c)(5) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(c)(5)) is amended to read as follows:
       ``(5) Access to counsel.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary of Health and Human Services shall ensure, to 
     the greatest extent practicable and consistent with section 
     292 of the Immigration and Nationality Act (8 U.S.C. 1362), 
     that all unaccompanied alien children who are or have been in 
     the custody of the Secretary of Health and Human Services or 
     the Secretary of Homeland Security, and who are not described 
     in subsection (a)(2)(A), have counsel to represent them in 
     legal proceedings or matters and protect them from 
     mistreatment, exploitation, and trafficking. To the greatest 
     extent practicable, the Secretary of Health and Human 
     Services shall make every effort to utilize the services of 
     pro bono counsel who agree to provide representation to such 
     children without charge.
       ``(B) Exception for certain children.--
       ``(i) In general.--An unaccompanied alien child who is 17 
     years of age or younger, and who is placed in or referred to 
     removal proceedings pursuant to section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a), shall be 
     represented by counsel subject to clause (v).
       ``(ii) Age determinations.--The Secretary of Health and 
     Human Services shall ensure that age determinations of 
     unaccompanied alien children are conducted in accordance with 
     the procedures developed pursuant to subsection (b)(4).
       ``(iii) Appeals.--The rights and privileges under this 
     subparagraph shall attach to administrative reviews and 
     appeals.
       ``(iv) Implementation.--Not later than 90 days after the 
     date of the enactment of the National Security Act, 2024, the 
     Secretary of Health and Human Services shall implement this 
     subparagraph
       ``(v) Remedies.--For the population described in clause (i) 
     of this subparagraph, declaratory judgment that the 
     unaccompanied alien child has a right to be referred to 
     counsel, including pro-bono counsel, or a continuance of 
     immigration proceedings, shall be the exclusive remedies 
     available, other than for those funds subject to 
     appropriations.''.
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