,,ii #aahth ,,congress #ast ,session ,s4 #cabh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #be1 #bjbc,mr4 ,durbin 7for himself1 ,ms4 ,cortez ,masto1 ,ms4 ,hirono1 ,mrs4 ,gillibrand1 ,mr4 ,merkley1 ,mr4 ,menendez1 ,mr4 ,blumenthal1 ,ms4 ,butler1 ,mr4 ,welch1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to streamline the reporting of violations against immigrant children in ,federal custody1 to provide protections for unaccompanied immigrant children1 and to ensure safe release to sponsors1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting ,unaccompanied ,children ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,streamlining reporting of violations against immigrant children in ,federal custody,sec4 #aja4 ,definitions4,sec4 #ajb4 ,office of the ,ombudsperson for ,immigrant ,children in ,federal ,custody4,sec4 #ajc4 ,data collection4,sec4 #ajd4 ,expert advisory committee4,sec4 #aje4 ,coordination with ,department of ,homeland ,security4,sec4 #ajf4 ,rule of construction4,,title ,,ii--,protections for immigrant children,subtitle ,a--,unaccompanied alien children in immigration proceedings,sec4 #bja4 ,legal representation in removal proceedings4,sec4 #bjb4 ,motions to reopen4,subtitle ,b--,access to services,sec4 #baa4 ,clarification of unaccompanied child determination procedures4,sec4 #bab4 ,improving access to post-release services4,sec4 #bac4 ,state-level coordinators for unaccompanied children's services4,sec4 #bad4 ,assistance for children and families separated under zero tolerance4,subtitle ,c--,facilities housing unaccompanied alien children,sec4 #bba4 ,technical assistance for community-based care providers4,sec4 #bbb4 ,standards and compliance4,subtitle ,d--,child welfare at the border and prevention of family separation,sec4 #bca4 ,child welfare training at the border4,sec4 #bcb4 ,preventing family separation of unaccompanied children4,,title ,,iii--,ensuring safe release to sponsors,sec4 #cja4 ,ensuring safe release to sponsors who are not parents or legal guardians4,sec4 #cjb4 ,expansion and evaluation of home studies4,sec4 #cjc4 ,requirements for child and sponsor case management system4,,title ,,iv--,protections and access to certain services for special immigrant juveniles and other vulnerable immigrants,sec4 #dja4 ,eliminating annual employment-based visa caps for special immigrant juveniles4,sec4 #djb4 ,elimination of annual numerical limitation on ,u visas4,sec4 #djc4 ,access to ,medicaid for certain children granted status4,,title ,v--,stopping child labor trafficking,sec4 #eja4 ,victims of serious labor and employment violations or crime4,sec4 #ejb4 ,labor enforcement actions4,,title ,,vi--,general provisions,sec4 #fja4 ,authorization of appropriations4,sec4 #fjb4 ,supplemental appropriation4 ,i ,streamlining reporting of violations against immigrant children in ,federal custody #aja4 ,definitions ,in this title3 7#a7 ,committee ,the term ,committee means the expert advisory committee established under section #ajd7;a74 7#b7 ,director ,the term ,director means the ,director of the ,office of ,refugee ,resettlement4 7#c7 ,facility ,the term facility-- 7,a7 means a location at which #a or more immigrant children are detained by the ,government or held in ,government custody2 and 7,b7 includes-- 7i7 an ,office of ,refugee ,resettlement facility2 and 7ii7 a ,department of ,homeland ,security facility1 including-- 7,i7 a ,u4,s4 ,customs and ,border ,protection temporary holding facility and transportation contractor2 7,,ii7 a ,u4,s4 ,immigration and ,customs ,enforcement family detention facility2 7,,iii7 a ,u4,s4 ,immigration and ,customs ,enforcement juvenile facility2 7,,iv7 a location operated by a private entity1 including a hotel room2 and 7,v7 any other location at which the ,department of ,homeland ,security detains or holds in custody an immigrant child4 7#d7 ,flores settlement agreement ,the term ,flores settlement agreement means the stipulated settlement agreement filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv #he-dedd-,,rjk74 7#e7 ,immigrant child ,the term immigrant child means an alien 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 under the age of #ah years4 7#f7 ,in-network facility ,the term in-network facility means a facility operated by an ,office of ,refugee ,resettlement grantee1 subgrantee1 contractor1 or subcontractor4 7#g7 ,office of ,refugee ,resettlement facility ,the term ,office of ,refugee ,resettlement facility-- 7,a7 means-- 7i7 a shelter operated by an ,office of ,refugee ,resettlement grantee1 subgrantee1 contractor1 or subcontractor to hold immigrant children2 7ii7 a staff secure facility1 a secure care facility1 a residential treatment center1 transitional foster care housing1 or long-term foster care so operated2 or 7iii7 any other location operated by the ,office of ,refugee ,resettlement to hold immigrant children2 and 7,b7 includes an in-network facility and an out-of-network facility4 7#h7 ,ombudsperson ,the term ,ombudsperson means the ombudsperson appointed under section #ajb7;c74 7#i7 ,out-of-network facility ,the term out-of-network facility means a facility at which an immigrant child is placed as a result of an ,office of ,refugee ,resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child1 such as medical or mental health support4 7#aj7 ,unobstructed access ,the term unobstructed access means-- 7,a7 with respect to a facility1 the ability to enter the facility1 including unannounced1 to tour and physically visit all areas of the facility2 and 7,b7 with respect to information1 the ability to obtain requested information in a timely manner and with the full cooperation of the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security1 as applicable4 7#aa7 ,working ,group ,the term ,working ,group means the interagency working group established under section #aje7;b74 #ajb4 ,office of the ,ombudsperson for ,immigrant ,children in ,federal ,custody 7a7 ,establishment ,there is established1 within the ,department of ,health and ,human ,services1 an ,office of the ,ombudsperson for ,immigrant ,children in ,federal ,custody 7referred to in this section as the ,office of the ,ombudsperson7-- 7#a7 to endorse and support the principle that family separation and detention are generally not in a child's best interest2 and 7#b7 in cases in which ,federal detention or custody is required-- 7,a7 to ensure that immigrant children are only detained or held in custody by the ,federal ,government in the least restrictive setting2 7,b7 to advocate for the quick1 safe1 and efficient release of immigrant children from ,federal detention or custody whenever possible2 and 7,c7 in any case in which an immigrant child is held in ,department of ,homeland ,security custody together with his or her family unit1 to advocate for the release of the child and concurrent release of the parent or legal guardian of the child4 7b7 ,independence ,the ,office of the ,ombudsperson shall be-- 7#a7 an impartial1 confidential resource to ensure the best interest of children in ,federal custody2 and 7#b7 fully independent of-- 7,a7 the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services2 and 7,b7 the ,department of ,homeland ,security4 7c7 ,ombudsperson 7#a7 ,in general ,the ,office of the ,ombudsperson shall be headed by an ,ombudsperson1 who shall be appointed by1 and report directly to1 the ,secretary of ,health and ,human ,services4 7#b7 ,qualifications ,the individual appointed as ,ombudsperson shall have demonstrated experience in-- 7,a7 immigration law2 and 7,b7 child advocacy or child welfare4 7#c7 ,duties and authorities 7,a7 ,monitoring ,on a regular basis1 the ,ombudsperson shall monitor facilities1 including licensed facilities that are not licensed by a ,state1 for compliance with all applicable laws1 policies1 and standards1 including-- 7i7 the ,flores settlement agreement2 7ii7 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7iii7 the applicable provisions of the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq472 7iv7 applicable policies of ,u4,s4 ,customs and ,border ,protection relating to the standard of care for individuals in ,federal custody2 and 7v7 ,office of ,refugee ,resettlement policies relating to the care and custody of unaccompanied alien children4 7,b7 ,investigations 7i7 ,in general ,the ,ombudsperson shall investigate-- 7,i7 claims of abuse1 neglect1 or mistreatment of immigrant children1 by the ,government or any other entity1 while in ,government custody2 7,,ii7 complaints against foster care providers1 including foster care providers under ,state oversight2 and 7,,iii7 potential violations of related laws and standards4 7ii7 ,reporting of ,state licensing violations ,if1 in the course of an investigation under clause 7i77,,ii71 the ,ombudsperson discovers a ,state licensing violation1 the ,ombudsperson shall report the violation to the child welfare licensing agency of the applicable ,state4 7iii7 ,violations in unlicensed facilities 7,i7 ,in general ,the ,ombudsperson shall monitor any potential violation of law1 policy1 or standard in a facility that is not licensed by a ,state on a regular basis4 7,,ii7 ,report ,if1 in the course of monitoring a facility described under subclause 7,i71 the ,ombudsperson determines that a violation of law1 policy1 or standard has occurred1 not later than #cj days after making such determination1 the ,ombudsperson shall report the violation the ,secretary of ,health and ,human ,services for further action4 7,c7 ,stakeholder meetings ,not less frequently than quarterly1 the ,ombudsperson shall invite community stakeholders1 ,flores settlement agreement class counsel1 and1 as applicable1 the ,flores settlement agreement court-appointed monitor to participate in a meeting-- 7i7 to ensure that the ,ombudsperson is aware of stakeholder concerns and priorities2 and 7ii7 to provide feedback on stakeholder requests4 7,d7 ,individual case assistance 7i7 ,in general ,the ,ombudsperson may offer individual case assistance to an immigrant child who is in ,government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention1 as determined by the ,ombudsperson4 7ii7 ,communication ,to ensure a complete understanding of the status of a case described in clause 7i71 the ,ombudsperson may communicate with-- 7,i7 the immigrant child concerned2 7,,ii7 the family members and potential sponsor of such child2 and 7,,iii7 the child advocate1 legal counsel1 ,office of ,refugee ,resettlement case manager and ,federal field specialist1 and any other relevant individual charged with care provision1 case management1 or case coordination of the immigrant child concerned4 7,e7 ,subpoena authority ,subject to the approval of the ,secretary of ,health and ,human ,services1 the ,ombudsperson may-- 7i7 issue a subpoena to require the production of all information1 reports1 and other documentary evidence necessary to carry out the duties of the ,ombudsperson2 and 7ii7 invoke the aid of any appropriate court of the ,united ,states4 7,f7 ,reporting mechanisms 7i7 ,in general ,the ,ombudsperson shall establish and maintain-- 7,i7 a toll-free telephone number to receive complaints and reports of matters for investigation2 and 7,,ii7 an email address to receive such complaints and reports4 7ii7 ,availability ,the ,ombudsperson shall ensure that-- 7,i7 in each facility-- 7aa7 such telephone number is made available in a prominent1 visible1 and public location in a common area of the facility2 and 7bb7 a telephone is accessible to each immigrant child2 7,,ii7 such email address is made available to sponsors1 ,flores settlement agreement class counsel1 legal services providers and child advocates who serve such immigrant children1 and ,state-level coordinators appointed under paragraph 7#g7 of section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c771 as added by section #bac2 and 7,,iii7 in each facility1 such telephone number and email address are made available1 in a prominent1 visible1 and public location in a common area of the facility1 to all individuals employed1 contracted1 or otherwise tasked with the care and custody of children by the ,secretary of ,health and ,human ,services so that such individuals may report-- 7aa7 any potential violation of law1 policy1 or standard relating to immigrant children in ,federal custody2 or 7bb7 any other claim of abuse1 neglect1 or mistreatment of immigrant children4 7iii7 ,review and evaluation 7,i7 ,in general ,not later than #b years after the date of the enactment of this ,act1 and every #b years thereafter1 the ,ombudsperson shall complete a review of the reporting mechanisms under this subparagraph to evaluate whether such mechanisms are sufficient to ensure the oversight and monitoring required by this title4 7,,ii7 ,report ,not later than #cj days after the completion of each review required by subclause 7,i71 the ,ombudsperson shall submit to ,congress a report on the results of the review that includes1 in the case of a determination that such mechanisms are insufficient1 recommendations for their improvement4 7,g7 ,report to ,congress 7i7 ,in general ,not later than ,september #cj each year1 the ,ombudsperson shall submit to ,congress a report on the accomplishments and challenges of the ,office of the ,ombudsperson during the fiscal year ending on that date4 7ii7 ,elements ,each report required by clause 7i7 shall include1 for the applicable fiscal year1 the following3 7,i7 ,a summary of the status of immigrant children in ,federal ,government custody that highlights broader trends and recommendations for future action4 7,,ii7 ,statistical information on immigrant children in ,federal ,government custody1 together with an analysis of such information4 7,,iii7 ,a summary of complaints received and proposed resolutions4 7,,iv7 ,a description of the investigations into claims of abuse1 neglect1 or mistreatment of immigrant children in ,federal ,government custody1 including a summary of the results of such investigations4 7,v7 ,any attempt by the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 or any entity to which the authority of the ,secretary of ,homeland ,security or the ,secretary of ,health and ,human ,services is delegated1 to interfere with the independence of the ,office of the ,ombudsperson4 7,,vi7 ,a description of the objectives of the ,office of the ,ombudsperson for the next fiscal year4 7,h7 ,additional duties ,the ,ombudsperson shall-- 7i7 conduct a review of data collection1 as described in section #ajc7;a72 7ii7 establish the ,committee1 as described in section #ajd2 and 7iii7 enter into a memorandum of understanding1 as described in section #aje7;a74 7d7 ,access to facilities ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall ensure-- 7#a7 unobstructed access by the ,ombudsperson to any facility2 and 7#b7 the ability of the ,ombudsperson-- 7,a7 to monitor any facility2 and 7,b7 to meet confidentially with-- 7i7 staff of any facility2 7ii7 employees1 grantees1 contractors of the ,office of ,refugee ,resettlement and the ,department of ,homeland ,security2 and 7iii7 any immigrant child in ,federal ,government custody1 after notification of the immigrant child's counsel1 as applicable4 7e7 ,access to information ,the ,secretary of ,health and ,human ,services shall ensure unobstructed access by the ,ombudsperson to-- 7#a7 the case files1 records1 reports1 audits1 documents1 papers1 recommendations1 or any other pertinent information relating to the care and custody of an immigrant child2 and 7#b7 the written policies and procedures of all ,office of ,refugee ,resettlement facilities4 7f7 ,requests for information 7#a7 ,in general ,the ,ombudsperson may request from the ,secretary of ,health and ,human ,services or the ,secretary of ,homeland ,security1 or any entity to which the authority of the ,secretary of ,health and ,human ,services or the ,secretary of ,homeland ,security has been delegated1 any information or assistance required to carry out this title4 ,information and assistance requested pursuant to this paragraph shall be provided to the ,ombudsperson in a timely manner4 7#b7 ,unreasonable refusal ,if upon request for information by the ,ombudsperson1 an entity or agency described in paragraph 7#a7 unreasonably refuses to provide1 or otherwise does not provide1 as determined by the ,ombudsperson1 such information or assistance requested by the ,ombudsperson1 the ,ombudsperson shall1 without delay-- 7,a7 in the case of an unreasonable refusal by the ,department of ,health and ,human ,services1 report to the ,secretary of ,health and ,human ,services the circumstances of such refusal2 7,b7 in the case of an unreasonable refusal by the ,department of ,homeland ,security1 report to the ,secretary of ,homeland ,security the circumstances of such refusal2 or 7,c7 in the case of an unreasonable refusal by the ,secretary of ,health and ,human ,services or the ,secretary of ,homeland ,security1 report on the circumstances of such refusal to-- 7i7 the ,committee on the ,judiciary and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on the ,judiciary and the ,committee on ,homeland ,security of the ,house of ,representatives4 #ajc4 ,data collection 7a7 ,independent review by ,ombudsperson 7#a7 ,in general ,the ,ombudsperson shall regularly review data collected by the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security relating to immigrant children in facilities4 7#b7 ,collaboration required ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall provide the ,ombudsperson unobstructed access to-- 7,a7 real-time custody and detention data for each immigrant child detained by the ,government or held in ,government custody1 including-- 7i7 the location and level of placement2 7ii7 biographical information1 including full name1 date of birth1 country of citizenship1 and alien number2 7iii7 all locations at which the immigrant child has been detained or held in custody2 7iv7 the dates and times the immigrant child is booked in and booked out of any facility2 7v7 transfer and discharge information2 and 7vi7 whether the child-- 7,i7 has an attorney of record2 and 7,,ii7 has been appointed an independent child advocate under section #bce7;c77#f7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#f772 and 7,b7 ,department of ,homeland ,security and ,department of ,health and ,human ,services data personnel for the purpose of reviewing data collection and integrity issues4 7b7 ,office of ,refugee ,resettlement data collection system 7#a7 ,in general ,to support the data collection and monitoring duties of the ,ombudsperson and to facilitate public monitoring1 the ,director shall develop a data collection system that collects and maintains the following information3 7,a7 ,the total number of immigrant children held in custody by the ,secretary of ,health and ,human ,services4 7,b7 ,the average and median number of days immigrant children remain in such custody4 7,c7 ,the average and median number of days immigrant children stay in an ,office of ,refugee ,resettlement facility4 7,d7 ,the number of immigrant children discharged to sponsors1 disaggregated by sponsor category1 placement level1 specific ,office of ,refugee ,resettlement facility4 7,e7 ,the sponsor categories of immigrant children held at each ,office of ,refugee ,resettlement facility1 disaggregated by placement level4 7,f7 ,the number and percentage of immigrant children held in an ,office of ,refugee ,resettlement facility with more than #be immigrant children1 disaggregated by placement level4 7,g7 ,the percentage of filled capacity across all ,office of ,refugee ,resettlement facilities4 7,h7 ,the total number of children held at out-of-network facilities1 disaggregated by placement level4 7,i7 ,for each ,office of ,refugee ,resettlement facility-- 7i7 the percentage of filled capacity2 7ii7 the maximum number of available beds2 7iii7 the number and percentage of immigrant children with disabilities1 disaggregated by placement level2 7iv7 the number and percentage of immigrant children receiving mandatory home studies1 discretionary home studies1 and post-release services1 disaggregated by placement level2 and 7v7 the number and percentage of immigrant children on a waitlist to receive post-release services4 7#b7 ,accessibility ,all information collected and maintained by the data collection system required by paragraph 7#a7-- 7,a7 searchable2 and 7,b7 disaggregated by country of citizenship1 race1 gender1 primary language1 age1 and1 as applicable1 ethnicity4 7#c7 ,publication ,not later than the #aeth of each month1 the ,director shall make the data collected under paragraph 7#a7 for the preceding month available to the ,ombudsperson4 7c7 ,prohibition on certain uses of information ,information collected under this section may not be used for immigration enforcement or law enforcement purposes4 7d7 ,privacy protections ,any record collected1 stored1 received1 or published under this section shall be-- 7#a7 collected1 stored1 received1 or published in a manner that protects the privacy of any individual whose information is included in such data2 7#b7 de-identified or anonymized in a manner that protects the identity of any individual whose information is included in such data2 and 7#c7 7,a7 limited in use for the purpose of carrying out the duties of the ,office of the ,ombudsperson2 and 7,b7 protected from any other-- 7i7 internal use by any entity that collects1 stores1 or receives the record2 or 7ii7 inappropriate use4 #ajd4 ,expert advisory committee 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,ombudsperson shall establish an expert advisory committee to assist the ,ombudsperson in-- 7#a7 identifying relevant trends relating to immigrant children in ,government custody2 7#b7 conducting fact-finding missions and investigations of facilities2 and 7#c7 ensuring ,government and private contractor compliance with applicable law and standards for facilities4 7b7 ,membership ,the members of the ,committee shall-- 7#a7 be appointed by the ,ombudsperson2 7#b7 represent various geographical regions2 and 7#c7 be comprised of subject matter experts1 including-- 7,a7 legal advocates or specialists in the fields of child and family welfare1 immigration1 and human rights2 7,b7 pediatricians or other appropriate pediatric health care experts2 7,c7 child or adolescent psychiatrists or psychologists2 7,d7 social workers2 7,e7 data analysis experts2 and 7,f7 any other relevant subject matter expert4 7c7 ,meetings ,the ,committee shall meet not less frequently than quarterly4 7d7 ,duties ,the ,committee shall regularly-- 7#a7 review facility compliance with applicable law and standards relating to ,government detention and custody of immigrant children1 including the ,flores settlement agreement and section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 and 7#b7 submit to the ,ombudsperson recommendations for improvement4 7e7 ,site visits ,the ,committee may designate #a or more individuals who shall have the authority-- 7#a7 to carry out facility site visits2 and 7#b7 interview immigrant children held in ,government custody1 after notification of counsel1 as applicable4 #aje4 ,coordination with ,department of ,homeland ,security 7a7 ,memorandum of understanding 7#a7 ,in general ,on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,ombudsperson shall enter into a memorandum of understanding to coordinate oversight between the ,department of ,homeland ,security and the ,department of ,health and ,human ,services4 7#b7 ,elements ,the memorandum of understanding required by paragraph 7#a7 shall do the following3 7,a7 ,require the ,secretary of ,homeland ,security to provide information to the ,ombudsperson with respect to each immigrant child detained by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 or who is otherwise in the custody of the ,secretary of ,homeland ,security1 including-- 7i7 the location of the immigrant child2 7ii7 biographical information1 including full name1 date of birth1 country of citizenship1 race1 and alien number2 7iii7 all locations at which the immigrant child has been so detained or held in ,department of ,homeland ,security custody2 7iv7 exact times at which the immigrant child was booked in and booked out of such custody2 7v7 the date on which the immigrant child is released from such custody or transferred to the custody of the ,secretary of ,health and ,human ,services2 7vi7 in the case of an immigrant child who remains in ,department of ,homeland ,security custody for more than #gb hours1 the reason for such continued custody2 and 7vii7 any other information the ,ombudsperson considers relevant to the oversight and monitoring duties described in section #ajb7;c77#c74 7,b7 ,establish the right of the ,ombudsperson and the ,committee to monitor ,department of ,homeland ,security facilities for compliance with applicable standards of custody4 7,c7 ,provide the ,ombudsperson and the ,committee full and unobstructed access to-- 7i7 ,department of ,homeland ,security facilities for regular site visits2 and 7ii7 the written policies and procedures of ,department of ,homeland ,security facilities4 7#c7 ,limitation ,the memorandum of understanding may only allow the ,ombudsperson to share information with the ,secretary of ,homeland ,security on a case-by-case basis1 and with the informed consent of the immigrant child concerned 7unless the ,ombudsperson determines that the child lacks the capacity to consent71 if the ,ombudsperson determines that the disclosure of the information to the ,secretary of ,health and ,human ,services will advance the best interests of the immigrant child1 including by facilitating the release of the immigrant child from custody4 7#d7 ,evaluation ,not later than #b years after the ,ombudsperson and the ,secretary of ,homeland ,security enter into the memorandum of understanding required by this subsection1 the ,comptroller ,general of the ,united ,states shall evaluate the coordination between the ,ombudsperson and the ,secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this title4 7#e7 ,recommendations ,if the ,comptroller ,general makes a determination under paragraph 7#d7 that the memorandum of understanding is insufficient1 the ,comptroller ,general shall recommend actionable steps to be implemented-- 7,a7 to improve coordination between the ,ombudsperson and the ,secretary of ,homeland ,security2 and 7,b7 to ensure effectiveness of the mandate of the ,ombudsperson4 7b7 ,interagency working group 7#a7 ,establishment ,there is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities4 7#b7 ,membership ,the ,working ,group shall be composed of representatives of-- 7,a7 the ,department of ,justice2 7,b7 the ,department of ,health and ,human ,services1 including the ,director or a senior representative of the ,office of ,refugee ,resettlement2 7,c7 ,u4,s4 ,customs and ,border ,protection2 7,d7 ,u4,s4 ,immigration and ,customs ,enforcement2 7,e7 relevant oversight offices1 including-- 7i7 the ,immigration ,detention ,ombudsman of the ,department of ,homeland ,security2 and 7ii7 the ,inspectors ,general of the ,department of ,justice1 the ,department of ,health and ,human ,services1 ,u4,s4 ,customs and ,border ,protection1 and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,f7 any other relevant ,federal agency or office4 7#c7 ,meetings ,the ,working ,group shall-- 7,a7 hold meetings not less frequently than quarterly2 7,b7 invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the ,ombudsperson considers appropriate2 and 7,c7 provide to the ,ombudsperson a summary of each such meeting4 #ajf4 ,rule of construction ,nothing in the title shall be construed to preclude or limit ,flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the ,flores settlement agreement in any appropriate district court of the ,united ,states4 ,,ii ,protections for immigrant children ,a ,unaccompanied alien children in immigration proceedings #bja4 ,legal representation in removal proceedings 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7a77#e77;,d77iii71 by striking access to and inserting representation by2 and 7#b7 in subsection 7c71 by amending paragraph 7#e7 to read as follows3 7#e7 ,legal representation 7,a7 ,appointment or provision of counsel 7i7 ,in general ,as expeditiously as possible after an unaccompanied alien child is issued a notice to appear under section #bci7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;a771 the ,secretary of ,health and ,human ,services shall appoint or provide counsel to represent the child in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a71 related matters before the ,department of ,homeland ,security1 and in any appeal proceeding before the ,attorney ,general from any such removal proceeding4 ,counsel shall be provided under this subparagraph at ,government expense unless a child has retained counsel authorized to represent the child in such proceedings4 7ii7 ,immigration file ,each unaccompanied alien child1 and the counsel of such a child1 shall receive a complete copy of the child's immigration file 7other than documents protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code74 7,b7 ,role of the ,department of ,health and ,human ,services ,the ,secretary of ,health and ,human ,services shall-- 7i7 to the maximum extent practicable1 make every effort to use the services of competent counsel who agree to provide representation to children described in subparagraph 7,a77i7 without charge2 7ii7 in the case of an unaccompanied alien child who retained counsel at his or her own expense but whose counsel has ceased to represent the child1 ensure the continued representation of the child through the pendency of removal proceedings and any appeal proceeding before the ,attorney ,general from any such removal proceeding by appointing or providing new counsel as expeditiously as possible2 7iii7 in consultation with the ,attorney ,general1 develop model guidelines for representing children in immigration proceedings for the purposes of-- 7,i7 helping to protect children from individuals suspected of involvement in criminal1 harmful1 or exploitative activities associated with the smuggling or trafficking of children2 and 7,,ii7 ensuring the fairness of removal proceedings in which children are involved2 and 7iv7 as necessary and appropriate1 enter into contracts or award grants for the provision of immigration-related legal services to children4 7,c7 ,role of the ,department of ,justice ,the ,attorney ,general shall ensure that all immigration courts before which unaccompanied alien children appear contain specialized children's dockets4 ,such dockets shall contain child-appropriate procedures that advance due process in unaccompanied alien children's proceedings4 ,immigration judges assigned to specialized children's dockets shall have received specialized training in such procedures4 ,such procedures shall include processes for coordinating with legal services organizations to facilitate legal representation of unaccompanied alien children4 4 7b7 ,conforming amendments 7#a7 ,section #dfb7;b77#a77;,a7 of ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;b77#a77;,a77 is amended by striking 1 consistent with the law regarding appointment of counsel that is in effect on the date of the enactment of this ,act4 7#b7 ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended by inserting 1 except as provided in section #bce7;c77#e7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77#e77 after at no expense to the ,government4 #bjb4 ,motions to reopen ,section #bdj7;c77#g77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77;,c77 is amended by adding at the end the following3 7v7 ,special rule for unaccompanied alien children entitled to appointment of counsel ,if the ,secretary of ,health and ,human ,services fails to appoint or provide counsel for an unaccompanied alien child 7as defined in #dfb7;g77#b7 of ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b777-- 7,i7 the limitations under this paragraph with respect to the filing of a motion to reopen by such child shall not apply2 and 7,,ii7 the filing of such a motion shall stay the removal of the child4 4 ,b ,access to services #baa4 ,clarification of unaccompanied child determination procedures 7a7 ,eligibility for services regardless of custodial status ,section #bce7;c77#a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77#a77 is amended by adding at the end the following3 ,such policies and programs shall be available to unaccompanied alien children regardless of whether they are or have ever been in ,federal custody44 7b7 ,screenings of children from contiguous countries conducted by asylum officers ,section #bce7;a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking the ,secretary of ,homeland ,security and inserting an asylum officer 7as defined in section #bce7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,e7772 and 7#b7 in paragraph 7#d7 by inserting by an asylum officer after the child shall be screened4 7c7 ,analysis of efficacy of current law 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 and every #b years thereafter1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services1 the head of any other ,federal agency the ,secretary of ,homeland ,security considers appropriate1 and child welfare advocates1 shall complete an analysis of the efficacy of the law1 including regulations1 relating to unaccompanied alien children from contiguous countries 7in effect as of the date on which the analysis is completed71 including the efficacy of such laws in providing access to protection for victims of trafficking and children fleeing persecution4 7#b7 ,report ,not later than #fj days after the date on which each analysis required by paragraph 7#a7 is completed1 the ,secretary of ,homeland ,security shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the results of the analysis4 7#c7 ,public availability ,not later than #ahj days after the date on which each report is submitted under paragraph 7#b71 the ,secretary of ,homeland ,security shall make the report available to the public on an internet website of the ,department of ,homeland ,security4 #bab4 ,improving access to post-release services ,section #bce7;c77#c77;,b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77#c77;,b77 is amended-- 7#a7 by adding at the end the following3 ,follow-up services under this clause shall commence not later than the date that is #cj days after the date on which the child concerned is released from the custody of the ,secretary of ,health and ,human ,services42 7#b7 in the first sentence1 by striking ,before and inserting the following3 7i7 ,in general ,before 2 and 7#c7 by adding at the end the following3 7ii7 ,access to post-release services 7,i7 ,home visits ,not later than #ij days after the date on which a child is released from the custody of the ,secretary of ,health and ,human ,services1 the ,secretary shall ensure that the child receives an in-person home visit to determine the well-being of the child and to assess the suitability and safety of the home in which the child was placed if-- 7aa7 except as described in item 7bb71 a sponsor has agreed to receive such services2 or 7bb7 the child1 based on all available objective evidence-- 7,,aa7 has been or is at risk of becoming a victim of a severe form of trafficking in persons2 7,,bb7 is a special needs child with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 7,,cc7 has been or is at risk of becoming a victim of physical or sexual abuse under circumstances that indicate that the child's health or welfare has been or would be significantly harmed or threatened2 or 7,,dd7 is a child whose sponsor clearly presents a risk of abuse1 maltreatment1 exploitation1 neglect1 or labor exploitation to the child4 7,,ii7 ,additional follow-up services ,the ,secretary of ,health and ,human ,services shall ensure that a child receives additional follow-up services if1 in the course of the home visit under subclause 7,i71 it is determined for the first time that the child1 based on all available objective evidence-- 7aa7 has been or is at risk of becoming a victim of a severe form of trafficking in persons2 7bb7 is a special needs child with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 7cc7 has been or is at risk of becoming a victim of physical or sexual abuse under circumstances that indicate that the child's health or welfare has been or would be significantly harmed or threatened2 or 7dd7 is a child whose sponsor clearly presents a risk of abuse1 maltreatment1 exploitation1 neglect1 or labor exploitation to the child4 4 #bac4 ,state-level coordinators for unaccompanied children's services ,section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77 is amended by adding at the end the following3 7#g7 ,assistance to ,state and local entities for unaccompanied children's services 7,a7 ,assistance to ,states ,the ,secretary of ,health and ,human ,services may provide funding to each ,state to appoint a ,state-level coordinator to fulfill the responsibilities described in subparagraph 7,c74 7,b7 ,nongovernmental coordinator ,if a ,state does not appoint a coordinator under subparagraph 7,a71 the ,secretary of ,health and ,human ,services may appoint a nongovernmental coordinator to fulfill the responsibilities described in subparagraph 7,c74 7,c7 ,responsibilities ,the responsibilities described in this subparagraph shall include the following3 7i7 ,to raise the awareness of governmental and nongovernmental entities with respect to the vulnerabilities of unaccompanied alien children1 including ,federal oversight mechanisms1 such as the ,office of the ,ombudsperson for ,immigrant ,children in ,federal ,custody established under section #ajb of the ,protecting ,unaccompanied ,children ,act4 7ii7 ,to coordinate the efforts of such entities so as to meet the educational1 medical and mental health care1 child welfare1 and social services needs of unaccompanied alien children4 7iii7 ,to work with service providers engaged in the care and custody of unaccompanied alien children to identify community services1 and to increase access to such services1 for unaccompanied alien children4 7iv7 ,to ensure that schools1 recreational facilities1 community centers1 and similar institutions have information regarding-- 7,i7 the risks of human trafficking and labor exploitation for vulnerable children2 and 7,,ii7 child labor laws1 local minimum wage requirements1 and mechanisms for reporting violations of such laws and requirements4 7v7 ,to ensure that information provided under clause 7iv7-- 7,i7 is written in plain1 child-accessible language 7including in appropriate languages other than ,english72 and 7,,ii7 makes clear that such laws and requirements apply to all children and workers regardless of immigration status4 7vi7 ,to ensure that language is not a barrier to obtaining the services described in this paragraph4 4 #bad4 ,assistance for children and families separated under zero tolerance 7a7 ,in general ,notwithstanding any other provision of law1 an individual shall be eligible for the benefits described in subsection 7b71 if the individual-- 7#a7 has completed security and law enforcement background checks to the satisfaction of the ,secretary of ,homeland ,security2 and 7#b7 7,a7 has been paroled into the ,united ,states under section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 pursuant to the implementation of ,executive ,order #adjaa1 and has not had such parole terminated2 or 7,b7 is eligible1 based on a determination by the ,secretary of ,health and ,human ,services through reference to the identified members of the classes1 and their minor children1 in the class-action lawsuits ,j4,p4 v4 ,barr 7,c4,d4 ,cal4 #bjbj7 and ,ms4 ,l4 v4 ,u4,s4 ,immigration and ,customs ,enforcement1 #ccj ,f4,r4,d4 #bhd 7#bjai71 for any assistance1 program1 benefit1 or services described in subsection 7b74 7b7 ,benefits ,notwithstanding any other provision of law1 an individual described in subsection 7a7 shall be eligible for-- 7#a7 resettlement assistance1 entitlement programs1 and other benefits available to refugees admitted under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 to the same extent1 and for the same periods of time1 as such refugees2 7#b7 services described under section #dab7;d77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aebb7;d77#b771 subject to subparagraph 7,b7 of such section1 if such individual is an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g7772 and 7#c7 a driver's license or identification card under section #bjb of the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note71 notwithstanding subsection 7c77#b77;,b7 of such section4 ,c ,facilities housing unaccompanied alien children #bba4 ,technical assistance for community-based care providers 7a7 ,in general ,section #bce7;c77#b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the first sentence1 by striking ,subject to and inserting the following3 7i7 ,in general ,subject to 2 and 7,b7 by adding at the end the following3 7ii7 ,presumption of least restrictive setting ,the least restrictive setting that is in the best interest of the child is presumed to be a placement that most approximates a family and in which the child's special needs1 if any1 may be met4 ,children placed under this subsection shall be placed in the following order of preference3 7,i7 ,family-based foster care4 7,,ii7 ,group home foster care4 7,,iii7 ,a shelter with capacity for #be or fewer children4 7iii7 ,technical assistance ,the ,secretary of ,health and ,human ,services shall provide technical assistance to nongovernmental1 nonprofit organizations that are eligible for grants and contracts awarded by the ,department of ,health and ,human ,services to ensure that children are placed in small scale1 community-based settings4 4 7b7 ,annual report 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,health and ,human ,services shall submit to ,congress a report on the number of unaccompanied alien children who1 during the preceding fiscal year1 resided in a facility with a capacity for #be or fewer children4 7#b7 ,description of barriers to obtaining ,,hhs contracts and grants ,each report required by paragraph 7#a7 shall describe in detail the barriers for small-scale community-based providers to undergoing the ,department of ,health and ,human ,services contracting and granting processes1 including staffing limitations1 availability1 outreach1 recruitment of potential providers1 other identified barriers to making the transition to small-scale community-based facilities1 and recommendations to address such barriers4 7#c7 ,consultation ,in developing each report required by paragraph 7#a71 the ,secretary for ,health and ,human ,services shall consult with staff of current small-scale or community-based facilities housing children and other organizations with expertise in child development1 child welfare1 and serving children with disabilities4 7c7 ,plan ,to transition care to foster care or small-,scale settings 7#a7 ,in general ,the ,secretary of ,health and ,human ,services shall develop a plan to transition all unaccompanied alien children in the custody of the ,secretary to-- 7,a7 foster care placements2 or 7,b7 shelters with capacity for #be or fewer children4 7#b7 ,submission to ,congress ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit to ,congress the plan developed under paragraph 7#a74 #bbb4 ,standards and compliance ,section #bce7;c77#b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb71 as amended by section #bba1 is further amended-- 7#a7 in subparagraph 7,a71 by adding at the end the following3 7iv7 ,background checks for covered individuals 7,i7 ,in general ,subject to subclause 7,,ii71 the ,secretary of ,health and ,human ,services shall ensure that1 not less frequently than every #e years1 each covered individual completes a background check to the satisfaction of the ,secretary4 7,,ii7 ,waiver for direct services providers ,the ,secretary of ,health and ,human ,services may waive the application of subclause 7,i7 in the case of an attorney of record or licensed medical practitioner who provides on-site services at a facility that houses unaccompanied alien children4 7,,iii7 ,scope ,the scope of a background check required by this clause shall include1 at a minimum1 the following3 7aa7 ,a fingerprint check by the ,federal ,bureau of ,investigation and ,state criminal history repositories4 7bb7 ,a child protective services check with the individual's ,state of ,united ,states residence for the last #e years4 7cc7 ,background investigation updates at a minimum of every #e years4 7,,iv7 ,covered individual defined ,in this clause1 the term covered individual means-- 7aa7 an employee or contractor with direct access to unaccompanied alien children in the care and custody of the ,secretary of ,health and ,human ,services2 7bb7 an individual with unsupervised1 direct access to such children2 and 7cc7 a foster parent with whom an unaccompanied alien child is placed1 including a transitional or long-term foster parent1 and each foster parent household member who is aged #ah years or over4 7,v7 ,rule of construction ,nothing in this clause may be construed to supersede applicable ,state licensing requirements for background checks on employees of programs or facilities involved in the care and custody of children4 2 and 7#b7 in subparagraph 7,b71 in the first sentence1 by striking subparagraph 7,a7 and inserting subparagraph 7,a77i74 ,d ,child welfare at the border and prevention of family separation #bca4 ,child welfare training at the border 7a7 ,definitions ,in this section3 7#a7 ,cooperating entity ,the term cooperating entity means a ,state or local entity acting pursuant to an agreement with the ,secretary of ,homeland ,security4 7#b7 ,expert in child development ,the term expert in child development means an individual who has significant education and expertise on infant1 child1 and adolescent development1 and on the effects of trauma on children4 7#c7 ,expert in child welfare ,the term expert in child welfare means an individual who has-- 7,a7 knowledge of ,federal and ,state child welfare laws and standards2 and 7,b7 not less than #e years of experience in the field of child and adolescent development or child welfare4 7#d7 ,expert in pediatric medicine ,the term expert in pediatric medicine means-- 7,a7 an individual who is board-certified in pediatric medicine in one or more ,states2 and 7,b7 an individual with an advanced degree in pediatric medicine on the faculty of an institution of higher education in the ,united ,states4 7b7 ,guidelines ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services1 experts in child development1 experts in child welfare1 and experts in pediatric medicine1 shall develop guidelines for the treatment of children in the custody of the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7c7 ,mandatory training ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services1 shall-- 7#a7 require all ,u4,s4 ,customs and ,border ,protection personnel1 and cooperating entity personnel1 who have contact with a child at a port of entry or ,border ,patrol station to undergo appropriate training1 which shall include live training1 on-- 7,a7 the applicable legal authorities1 policies1 practices1 and procedures relating to children2 and 7,b7 child-friendly interviewing techniques1 child development1 trauma1 and the manner in which trauma affects the health and behavior of children2 and 7#b7 require ,u4,s4 ,customs and ,border ,protection personnel1 not less frequently than annually1 to undertake continuing training on-- 7,a7 identifying and responding to common signs and symptoms of medical distress in children2 7,b7 best practices with respect to the guidelines developed under subsection 7b72 and 7,c7 changes in the legal authorities1 policies1 and procedures described in paragraph 7#a77;,a74 #bcb4 ,preventing family separation of unaccompanied children ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;b77 is amended by adding at the end the following3 7#e7 ,preventing separation from non-parent relatives 7,a7 ,in general ,in the case of an unaccompanied alien child determined to have entered the ,united ,states or have been apprehended with a relative who is neither a parent nor guardian1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,homeland ,security or other appropriate agencies of the government1 shall evaluate whether that unaccompanied alien child can be safely released from ,federal custody to that relative as a sponsor consistent with the process described in paragraph 7#c7 of this section4 7,b7 ,release to relative ,if the ,secretary of ,health and ,human ,services makes such a determination1 the ,secretary of ,homeland ,security shall release the unaccompanied alien child to that relative unless the circumstances in subparagraph 7,c7 apply4 7,c7 ,consideration of relative as sponsor ,if an unaccompanied alien child is transferred to the custody of the ,secretary of ,health and ,human ,services1 the non-parent relative described in subparagraph 7,a7 may continue to be evaluated as a potential sponsor to whom the child may be released from ,federal custody as described in subsection 7c77#c7 of this section1 as necessary to ensure child well-being and safety4 7,d7 ,rule of construction ,nothing in this paragraph shall be construed to change the definition of a parent or legal guardian for the purpose of making a determination of whether a child is an unaccompanied alien child pursuant to #dfb7;g77,c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77,c774 7,e7 ,facilities requirements ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services1 shall ensure that child-appropriate spaces are available to complete the evaluations described in this paragraph4 ,such space shall accommodate staff of the ,department of ,health and ,human ,services1 as appropriate4 7,f7 ,recordkeeping ,with respect to each alien over the age of #ah years who has entered the ,united ,states with an unaccompanied alien child1 the ,secretary of ,homeland ,security shall-- 7i7 maintain an electronic record that includes the familial relationship between the adult and child2 and 7ii7 share such record with the ,secretary of ,health and ,human ,services as necessary to facilitate the identification of an appropriate sponsor for the child4 4 ,,iii ,ensuring safe release to sponsors #cja4 ,ensuring safe release to sponsors who are not parents or legal guardians ,section #bce7;c77#c77;,a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77#c77;,a77 is amended-- 7#a7 by inserting or sponsor after makes a determination that the proposed custodian2 7#b7 by inserting 1 address1 after custodian's identity2 and 7#c7 by striking the period and inserting the following3 1 in accordance with uniform procedures established by the ,secretary of ,health and ,human ,services4 ,if a proposed sponsor is not the parent or legal guardian of a child1 such procedures shall include criminal background and public records checks for any proposed sponsor or adult member of the proposed sponsor's household4 ,the ,secretary of ,health and ,human ,services shall ensure that information obtained about a sponsor or a household member of a sponsor through such checks is not shared with the ,department of ,homeland ,security or any other ,federal agency for the purpose of immigration enforcement44 #cjb4 ,expansion and evaluation of home studies 7a7 ,section #bce7;c77#c77;,b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77#c77;,b771 as amended by section #bab1 is further amended-- 7#a7 in clause 7i71 by inserting or custodian clearly after whose proposed sponsor2 7#b7 by adding at the end the following3 ,a home study shall also be conducted for a child whose proposed sponsor is a distant relative or unrelated to the child in which verification of relationship cannot be clearly demonstrated42 7#c7 by redesignating clause 7ii7 as clause 7iv72 and 7#d7 by inserting after clause 7i7 the following3 7ii7 ,guidelines ,the ,secretary of ,health and ,human ,services shall establish guidelines for the conduct of home studies under clause 7i7 that include-- 7,i7 a deadline for completion of a home study that is not sooner than #ae calendar days after the date on which the home study is requested2 7,,ii7 objective1 publicly available criteria for releasing a child following a negative home study recommendation2 and 7,,iii7 requirements for individuals who conduct home studies1 including at a minimum professional or educational knowledge related to child and adult development1 cultural competence1 trauma1 parenting and family dynamics1 and screening and identifying indicators of human trafficking4 7iii7 ,report 7,i7 ,in general ,not later than #b years after the date of the enactment of the ,protecting ,unaccompanied ,children ,act1 and every #b years thereafter1 the ,secretary of ,health and ,human ,services shall report on the effectiveness of home studies conducted under clause 7i74 7,,ii7 ,elements ,each report required by subclause 7,i7 shall include the following3 7aa7 ,an assessment of the effectiveness of such home studies in identifying safety concerns4 7bb7 ,for the preceding #b-year period-- 7,,aa7 the number of home studies conducted and a description of the outcomes of such home studies1 including whether or not each home study resulted in a positive or negative recommendation of the sponsor concerned2 7,,bb7 the number and type of safety concerns identified through such home studies2 and 7,,cc7 the number of sponsors to whom a child was not released due to safety concerns identified through a home study4 4 #cjc4 ,requirements for child and sponsor case management system 7a7 ,in general ,section #bce7;c77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act 7#h ,u4,s4,c4 #abcb7;c77#c77 is amended by adding at the end the following3 7,d7 ,case management system 7i7 ,in general ,the ,secretary of ,health and ,human ,services shall maintain a searchable electronic case management system to track the placement of unaccompanied alien children that includes the following information3 7,i7 ,the name and address of each proposed sponsor1 including the number of unaccompanied alien children placed with each sponsor and names of household members of a proposed sponsor4 7,,ii7 ,reported safety concerns1 including reports of trafficking or exploitation1 identified for sponsors of unaccompanied alien children1 or identified for adult members of household at a specific address4 7,,iii7 ,vulnerabilities of unaccompanied alien children while in the care and custody of the ,secretary of ,health and ,human ,services1 including whether the child is a priority for post-release services4 7,,iv7 ,reports of trafficking or exploitation made by unaccompanied alien children1 including reported information about geographic area 7such as a neighborhood7 where such trafficking occurred and where employers implicated in such reports are located4 7ii7 ,case management system requirements 7,i7 ,potential duplicate records ,in the event that the case management system detects a potential duplicate record1 employees of the ,department of ,health and ,human ,services and grantees or contractors acting on behalf of the ,department1 shall verify the records and1 if necessary1 consolidate duplicate records4 7,,ii7 ,exclusion of information on immigration status ,the case management system shall not include information with respect to the immigration status of any sponsor or adult member of a sponsor's household4 7,,iii7 ,nondisclosure for enforcement purposes ,the information contained in the case management system shall not be disclosed to the ,secretary of ,homeland ,security for the purpose of immigration enforcement4 7iii7 ,privacy protections ,any record collected1 stored1 received1 or published under this subparagraph shall be-- 7,i7 collected1 stored1 received1 or published in a manner that protects the privacy of any individual whose information is included in such data2 7,,ii7 de-identified or anonymized in a manner that protects the identity of any individual whose information is included in such data2 and 7,,iii7 7aa7 limited in use for the purpose of carrying out the duties of the ,office of the ,ombudsperson2 and 7bb7 protected from any other-- 7,,aa7 internal use by any entity that collects1 stores1 or receives the record2 or 7,,bb7 inappropriate use4 4 ,,iv ,protections and access to certain services for special immigrant juveniles and other vulnerable immigrants #dja4 ,eliminating annual employment-based visa caps for special immigrant juveniles 7a7 ,aliens not subject ,to direct numerical limitations ,section #bja7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a77;,a77 is amended by striking subparagraph 7,a7 or 7,b7 and inserting subparagraph 7,a71 7,b71 or 7,j74 7b7 ,preference allocation for employment-,based immigrants ,section #bjc7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#d77 is amended by striking subparagraph 7,a7 or 7,b7 and inserting subparagraph 7,a71 7,b71 or 7,j74 #djb4 ,elimination of annual numerical limitation on ,u visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended by striking paragraph 7#b74 #djc4 ,access to ,medicaid for certain children granted status 7a7 ,eligibility ,section #djb7;b77#b77;,a77i7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afab7;b77#b77;,a77i77 is amended -- 7#a7 in subclause 7,,iv71 by striking or at the end2 7#b7 in subclause 7,v71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,,vi7 an alien is granted special immigrant status under section #aja7;a77#bg77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j772 7,,vii7 an alien under the age of #ba is granted status under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae7,u772 or 7,,viii7 an alien is eligible for deferred action pursuant to the ,june #ae1 #bjab1 ,department of ,homeland ,security ,memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children1 or any successor policy4 4 7b7 ,modification to duration of attribution ,section #dba7;b7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afca7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking or at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#c7 is granted special immigrant status under section #aja7;a77#bg77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j772 7#d7 in the case of an alien under the age of #ba1 is granted status under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae7,u772 or 7#e7 is eligible for deferred action pursuant to the ,june #ae1 #bjab1 ,department of ,homeland ,security ,memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children1 or any successor policy4 4 ,v ,stopping child labor trafficking #eja4 ,victims of serious labor and employment violations or crime 7a7 ,protection for victims of labor and employment violations ,section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 is amended-- 7#a7 in clause 7i7-- 7,a7 by striking subclause 7,i7 and inserting the following3 7,i7 the alien-- 7aa7 has suffered substantial physical1 emotional1 or mental abuse or harm as a result of having been a victim of criminal activity described in clause 7iii72 7bb7 has suffered substantial physical1 emotional1 or mental abuse or harm related to a violation described in clause 7iv72 7cc7 is a victim of criminal activity described in clause 7iii7 and would suffer extreme hardship upon removal2 or 7dd7 has suffered a violation described in clause 7iv7 and would suffer extreme hardship upon removal2 2 7,b7 in subclause 7,,ii71 by inserting 1 or a labor or employment violation resulting in a workplace claim described in clause 7iv7 before the semicolon at the end2 7,c7 in subclause 7,,iii7-- 7i7 by striking or ,state judge1 to the ,service and inserting 1 ,state1 or local judge1 to the ,department of ,homeland ,security1 to the ,equal ,employment ,opportunity ,commission1 to the ,department of ,labor 7including the ,occupational ,safety and ,health ,administration71 to the ,national ,labor ,relations ,board1 to the head official of a ,state or local government department of labor1 workforce commission1 or human relations commission or council2 7ii7 by striking investigating or prosecuting and inserting investigating1 prosecuting1 or seeking civil remedies for2 and 7iii7 by inserting 1 or investigating1 prosecuting1 or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause 7iv7 before the semicolon2 and 7,d7 in subclause 7,,iv7-- 7i7 by inserting 7aa7 after 7,,iv72 7ii7 by inserting or after the semicolon at the end2 and 7iii7 by adding at the end the following3 7bb7 a workplace claim described in clause 7iv7 resulting from a labor or employment violation2 2 7#b7 in clause 7ii77,,ii71 by striking and at the end2 7#c7 in clause 7iii71 by striking or at the end and inserting and2 and 7#d7 by adding at the end the following3 7iv7 in the labor or employment violation related to a workplace claim1 the alien has filed1 is a material witness in1 or is likely to be helpful in the investigation of1 a bona fide workplace claim 7as defined in section #bgd;,a7e77#aj77;,b77iii77,,ii772 or 4 7b7 ,temporary protection for injured workers and victims of crime1 labor1 and employment violations ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may permit an alien to temporarily remain in the ,united ,states1 shall not remove the alien from the ,united ,states during the permitted period1 and shall provide the alien with the alien employment authorization1 if the ,secretary determines that the alien-- 7#a7 has filed for relief under section #aja7;a77#ae77,u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77 or section #aja7;a77#ae77,t7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,t772 7#b7 7,a7 has filed1 or is a material witness to1 a bona fide workplace claim 7as defined in paragraph 7#aj7 of section #bgd;,a7e7 of such ,act1 as added by section #ejb7;b7 of this ,act7 or has filed1 or is a material witness to1 a civil claim arising from criminal activity 7as defined in paragraph 7#aj7 of section #bgd;,a7e7 of such ,act1 as added by section #ejb7;b7 of this ,act72 and 7,b7 has been helpful1 is being helpful1 or is likely to be helpful to-- 7i7 a ,federal1 ,state1 or local law enforcement official2 7ii7 a ,federal1 ,state1 or local prosecutor2 7iii7 a ,federal1 ,state1 or local judge2 7iv7 the ,department of ,homeland ,security2 7v7 the ,equal ,employment ,opportunity ,commission2 7vi7 the ,department of ,labor1 including the ,occupational ,safety and ,health ,administration2 7vii7 the ,national ,labor ,relations ,board2 7viii7 the head official of a ,state or local government department of labor1 workforce commission1 or human relations commission or council2 or 7ix7 other ,federal1 ,state1 or local authorities2 or 7#c7 has filed a workers' compensation claim or is undergoing treatment for a workplace injury or illness4 7c7 ,requirements applicable to ,u visas ,section #bad7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77 is amended-- 7#a7 in paragraph 7#a71 by inserting or investigating1 prosecuting1 or seeking civil remedies for workplace claims described in section #aja7;a77#ae77,u77iv7 after section #aja7;a77#ae77,u77iii7 each place such term appears2 and 7#b7 in paragraph 7#f7-- 7,a7 by inserting or workplace claims described in section #aja7;a77#ae77,u77iv7 after described in section #aja7;a77#ae77,u77iii72 and 7,b7 by inserting or workplace claim after prosecution of such criminal activity4 7d7 ,adjustment of status for victims of crimes ,section #bde7m77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7m77#a77 is amended1 in the matter preceding subparagraph 7,a71 by inserting or an investigation or prosecution regarding a workplace claim after prosecution4 7e7 ,adjustment of status and fees ,section #bde7l77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7l77#g77 is amended by striking permit aliens to apply for a waiver of and inserting not require the payment of4 7f7 ,change of nonimmigrant classification ,section #chd7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking physical or mental abuse and the criminal activity and inserting abuse and the criminal activity or workplace claim2 7#b7 in subparagraph 7,f7-- 7,a7 by striking 7#h ,u4,s4,c4 #aaja7;a77#ea77 and inserting 7#h ,u4,s4,c4 #aaja7;a77#ea7772 and 7,b7 by adding or at the end2 and 7#c7 by inserting after subparagraph 7,f7 the following3 7,g7 the alien's employer1 4 7g7 ,confidentiality of information ,section #chd7;b77#b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;b77#b77 is amended by adding at the end the following3 ,however1 neither the ,secretary of ,homeland ,security nor the ,attorney ,general may use the information furnished pursuant to any application under section #aja7;a77#ae77,t71 #aja7;a77#ae77,u71 #aja7;a77#bg71 #aja7;a77#ea71 #ajf1 #bdj;,a7b77#b71 or #bdd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,t71 #aaja7;a77#ae77,u71 #aaja7;a77#bg71 #aaja7;a77#ea71 #aaje;a1 #abbi;b7b77#b71 or #abed;a7a77 or section #ajg7;b77#a77;,e77i77,,ii77bb7 of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaje7;b77#a77;,e77i77,,ii77bb771 for purposes of initiating or carrying out a removal proceeding44 #ejb4 ,labor enforcement actions 7a7 ,removal proceedings ,section #bci7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,in cases where and inserting ,if2 and 7,b7 by inserting or as a result of information provided to the ,department of ,homeland ,security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph 7#b72 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,at a facility about which a workplace claim has been filed or is contemporaneously filed4 4 7b7 ,unlawful employment of aliens ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7e77 is amended by adding at the end the following3 7#aj7 ,conduct in enforcement actions 7,a7 ,enforcement action ,if the ,secretary of ,homeland ,security undertakes an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed1 or as a result of information provided to the ,department of ,homeland ,security in retaliation against employees for exercising their rights related to a workplace claim1 the ,secretary shall ensure that-- 7i7 any aliens arrested or detained who are victims of or material witnesses to workplace claim violations or criminal activity 7as described in subparagraph 7,t7 or 7,u7 of section #aja7;a77#ae77 are not removed from the ,united ,states until after the ,secretary-- 7,i7 notifies the appropriate agency with jurisdiction over such violations or criminal activity2 and 7,,ii7 provides such agency with the opportunity to interview such aliens2 and 7ii7 no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed4 7,b7 ,protections for victims of crime1 labor1 and employment violations 7i7 ,stay of removal or abeyance of removal proceedings ,an alien against whom removal proceedings have been initiated under chapter #d of title ,,ii1 who has filed a workplace claim1 who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim or civil claim arising from criminal activity1 or who has filed for relief under section #aja7;a77#ae77,u71 shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the resolution of the workplace claim or the denial of relief under section #aja7;a77#ae77,u7 after exhaustion of administrative or judicial appeals1 whichever is later4 7ii7 ,duration ,any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause 7i7 shall remain valid until the resolution of the workplace claim or the denial of relief under section #aja7;a77#ae77,u7 after the exhaustion of administrative or judicial appeals1 and shall be extended by the ,secretary of ,homeland ,security for a period of not longer than #aj additional years upon determining that-- 7,i7 such relief would enable the alien asserting a workplace claim or civil claim arising from criminal activity1 or assisting in investigation or prosecution of criminal activity1 to pursue the matter to resolution1 according to any agency administering any statute underlying these claims or any other credible evidence2 7,,ii7 the deterrent goals of any statute underlying a workplace claim1 criminal activity1 or civil claim arising from criminal activity would be served1 according to any agency administering such a statute or any other credible evidence2 or 7,,iii7 such extension would otherwise further the interests of justice4 7iii7 ,definitions ,in this paragraph3 7,i7 ,civil claim arising from criminal activity ,the term civil claim arising from criminal activity means any written or oral claim1 charge1 complaint1 or grievance filed with1 communicated to1 or submitted to a ,federal1 ,state1 or local agency or court related to the violation of applicable ,federal1 ,state1 and local laws arising from criminal activity described in section #aja7;a77#ae77,u77iii74 7,,ii7 ,material witness ,notwithstanding any other provision of law1 the term material witness means an individual who presents a declaration from an attorney investigating1 prosecuting1 or defending the claim or from the presiding officer overseeing the claim attesting that1 to the best of the declarant's knowledge and belief1 reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim4 7,,iii7 ,workplace claim ,the term workplace claim means any written or oral claim1 charge1 complaint1 or grievance filed with1 communicated to1 or submitted to the employer1 a ,federal1 ,state1 or local agency or court1 or an employee representative related to the workplace injury or illness or to the violation of applicable ,federal1 ,state1 and local labor laws1 including laws concerning wages and hours1 labor relations1 family and medical leave1 occupational health and safety1 civil rights1 or nondiscrimination4 4 7c7 ,continued application of workforce and labor protection remedies ,section #bgd;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7e771 as amended by subsection 7b71 is further amended by adding at the end the following3 7#aa7 ,rights1 remedies1 and relief ,notwithstanding an employee's status as an unauthorized noncitizen during the time of relevant employment or during the back pay period or the failure of the employer or employee to comply with the requirements under this section or with any other provision of ,federal law relating to the unlawful employment of noncitizens-- 7,a7 all rights1 remedies1 and relief provided under any ,federal1 ,state1 or local law relating to workplace rights1 including reinstatement and back pay1 are available to such employee2 and 7,b7 a court may not prohibit such an employee from pursuing other causes of action giving rise to liability in a civil action4 4 ,,vi ,general provisions #fja4 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this ,act and the amendments made by this ,act4 #fjb4 ,supplemental appropriation ,in any month in which the number of unaccompanied children referred to the ,department of ,health and ,human ,services pursuant to section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7 and section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 exceeds #aj1jjj1 as determined by the ,secretary of ,health and ,human ,services1 an additional #cj1jjj1jjj1 to remain available until expended1 shall be made available for obligation for every #ejj unaccompanied children above that level 7including a pro rata amount for any increment less than #ejj71 for carrying out such sections #dfb and #bce and the activities authorized by this ,act and the amendments made by this ,act4