,,ii #aaith ,,congress #b;d ,session ,s4 #ebch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #d1 #bjbf ,mr4 ,merkley 7for himself1 ,ms4 ,duckworth1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to preserve the democratic republic of the ,united ,states from the overreach of authoritarian tactics4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,for ,our ,republic ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,defend the referees #aja4 ,inspectors ,general ,independence ,act4 ,,title ,,ii--,protect the independent1 nonpartisan civil service #bja4 ,reduction in ,force ,review ,act4 #bjb4 ,agency reorganization4 ,,title ,,iii--,celebrate one ,nation1 indivisible #cja4 ,,ice ,out of ,our ,faces ,act4 #cjb4 ,accountability for unlawful immigration enforcement actions4 #cjc4 ,prohibition on racial profiling4 ,,title ,,iv--,reaffirm equal justice under law ,subtitle ,a--,children's ,safe ,welcome ,act of #bjbf #dja4 ,short title4 #djb4 ,definitions4 #djc4 ,rule of construction4 ,,part ,i--,procedures and temporary placements following apprehension #daa4 ,prohibition on family separation4 #dab4 ,protections for noncitizen children4 #dac4 ,nonadversarial asylum processing for noncitizen children4 #dad4 ,standards for ,u4,s4 ,customs and ,border ,protection detention of noncitizen children4 #dae4 ,standards for ,u4,s4 ,customs and ,border ,protection facilities housing noncitizen children4 #daf4 ,modification of term asylum officer to exclude officers of ,u4,s4 ,customs and ,border ,protection4 ,,part ,,ii--,standards for ,department of ,health and ,human ,services custody of unaccompanied noncitizen children ,,subpart ,a--,standards for foster care homes and childcare facilities #dbj4 ,operation of foster care homes and childcare facilities4 #dba4 ,notice of rights4 #dbb4 ,staffing and training4 ,,subpart ,b--,services for unaccompanied noncitizen children #dbc4 ,required services4 #dbd4 ,evaluation for disability4 #dbe4 ,education4 #dbf4 ,recreation4 ,,subpart ,c--,placement of children #dbg4 ,phasing out large congregate care facilities4 #dbh4 ,least restrictive setting4 #dbi4 ,foster family care4 #dcj4 ,additional requirements relating to children with disabilities and children with mental health needs4 #dca4 ,minimizing transfers4 #dcb4 ,restrictive placements4 #dcc4 ,judicial review of placement4 ,,subpart ,d--,family reunification and standards relating to sponsors #dcd4 ,family reunification efforts by ,office of ,refugee ,resettlement4 #dce4 ,standards relating to sponsors4 #dcf4 ,special considerations relating to release of children with disabilities4 ,,subpart ,e--,release #dcg4 ,procedures for release4 #dch4 ,post-release services4 #dci4 ,individuals attaining #ah years of age4 #ddj4 ,custody review by ,ombudsperson4 ,,part ,,iii--,emergencies and influxes #dda4 ,sense of ,congress4 #ddb4 ,definitions4 #ddc4 ,placement4 #ddd4 ,planning for emergencies and influxes4 #dde4 ,influx facility standards and staffing4 #ddf4 ,monitoring and oversight4 ,,part ,,iv--,legal representation for unaccompanied noncitizen children #dea4 ,legal orientation presentations and legal screenings4 #deb4 ,legal representation4 ,,part ,v--,appointment of child advocates and improvements to immigration courts #dfa4 ,appointment of child advocates4 #dfb4 ,immigration court improvements4 ,,part ,,vi--,oversight1 monitoring1 and enforcement #dga4 ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children in ,immigration ,custody4 #dgb4 ,data collection and reporting4 #dgc4 ,enforcement4 #dgd4 ,protection from retaliation4 #dge4 ,mandatory access to detention facilities for ,members of ,congress4 ,,part ,,vii--,nondiscrimination #dgf4 ,fair and equal treatment4 #dgg4 ,responsibilities of care providers4 ,,part ,,viii--,information sharing and data protection #dha4 ,separation of records4 #dhb4 ,prohibition on use for denial of relief or in removal proceedings4 #dhc4 ,disclosure4 #dhd4 ,prohibition on information sharing4 #dhe4 ,counseling records4 #dhf4 ,data protection for sponsors4 ,subtitle ,b--,real ,courts1 ,rule of ,law ,act of #bjbf #dia4 ,short title4 #dib4 ,establishment and structure of the ,united ,states ,immigration ,courts4 #dic4 ,employees4 #did4 ,budget and expenditures4 #die4 ,annual report4 #dif4 ,application date2 transitional provisions4 #dig4 ,institutional transfer2 continuity of proceedings4 #dih4 ,review by the ,judicial ,conference2 consultation requirements4 #dii4 ,technical and conforming provisions4 ,,title ,v--,strengthen free speech #eja4 ,broadcast ,freedom and ,independence ,act of #bjbe4 ,,title ,,vi--,reassert ,congress's power of the purse #fja4 ,prohibition on rescissions4 #fjb4 ,east ,wing ,modernization ,project4 ,,title ,,vii--,fight ,government corruption #gja4 ,bribery1 graft1 and conflicts of interest4 #gjb4 ,ethics and conduct for the ,president and ,vice ,president4 #gjc4 ,bringing ,executive ,accountability1 ,clarity1 and ,oversight ,now 7,,beacon7 ,act4 #gjd4 ,transparency in the ,administration's ,business ,opportunities ,act 7,,taboo ,act74 #gje4 ,end ,prediction ,market ,corruption ,act4 #gjf4 ,end ,crypto ,corruption ,act4 #gjg4 ,stop ,corrupt ,gratuities ,act4 #gjh4 ,change ,corruption ,act4 #gji4 ,stop ,trading on ,predictions and ,corrupt ,bets ,act4 #gaj4 ,prohibit ,partisan ,park ,passes ,act4 #gaa4 ,prohibition on use of funds by ,,gsa4 ,,title ,,viii--,ensure liberty and justice for all #hja4 ,disclosure of directives and inquiries from the ,executive ,office of the ,president to the ,department of ,justice4 #hjb4 ,prohibition on payments from judgment fund without congressional approval4 ,,title ,,ix--,prevent authoritarian policing tactics on ,america's streets #ija4 ,preventing ,authoritarian ,policing ,tactics on ,america's ,streets ,act4 #ijb4 ,insurrection ,act of #bjbf4 ,,title ,x--,safeguard free and fair elections ,subtitle ,a--,fraudulent ,artificial ,intelligence ,regulations 7,,fair7 ,elections ,act #ajaa4 ,short title4 #ajab4 ,prohibition on false ,,ai-generated election media4 #ajac4 ,prohibition on removal of names from voting rolls using unverified voter challenge databases4 #ajad4 ,private right of action against ,federal ,government for use of ,federal data in determining eligibility to vote4 #ajae4 ,,gao study and report4 #ajaf4 ,severability4 ,subtitle ,b--,election interference and law enforcement at polls #ajba4 ,election interference and law enforcement at polls4 ,i ,defend the referees #aja4 ,inspectors ,general ,independence ,act ,section #djc7;a7 of title #e1 ,united ,states ,code1 is amended by inserting after the first sentence the following3 ,the ,president may not nominate an individual to serve as an ,inspector ,general if the individual is serving as a political appointee1 as defined in section #ihjc1 as of the date of the nomination or if the individual has previously served as a political appointee under such ,president4 ,the position of ,inspector ,general shall not be considered a political appointee for purposes of this subsection44 ,,ii ,protect the independent1 nonpartisan civil service #bja4 ,reduction in ,force ,review ,act ,chapter #h of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #hja7;a77#a77;,a7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 if the rule relates to a reduction in force at the ,federal agency that is authorized under subchapter ,i of chapter #ce1 a detailed justification for the reduction in force1 which shall include-- 7,i7 the specific reasons for the reduction in force2 7,,ii7 the anticipated impact of the reduction in force on the employees and operations of the ,federal agency2 7,,iii7 any alternatives to the reduction in force that the ,federal agency considered1 including the reasons that the ,federal agency rejected those alternatives2 7,,iv7 a summary of the consultations that the ,federal agency has held with-- 7aa7 employees of the ,federal agency who will be affected by the reduction in force2 and 7bb7 representatives of the employees described in item 7aa72 and 7,v7 a summary of how the reduction in force will impact employees of the ,federal agency who are veterans4 2 and 7#b7 by amending section #hjd7c7 to read as follows3 7#c7 ,the term rule-- 7,a7 has the meaning given the term in section #eea2 and 7,b7 includes-- 7i7 a rule or order relating to a reduction in force at a ,federal agency that is authorized under subchapter ,i of chapter #ce2 and 7ii7 any significant action by a ,federal agency that substantially affects the rights or obligations of non-,federal agency parties1 such as a workforce restructuring1 office closure1 or other action by a ,federal agency that has a material impact on the employees or operations of the ,federal agency4 4 #bjb4 ,agency reorganization 7a7 ,agency defined ,in this section1 the term agency-- 7#a7 means each authority of the ,government of the ,united ,states1 whether or not it is within or subject to review by another agency2 and 7#b7 does not include-- 7,a7 the ,congress2 7,b7 the courts of the ,united ,states2 7,c7 the governments of the territories or possessions of the ,united ,states2 or 7,d7 the government of the ,district of ,columbia4 7b7 ,prohibition ,an agency may only be dissolved1 restructured1 merged with another agency1 or altered1 including alterations with respect to the purpose or mission of the agency1 with the express consent of ,congress4 ,,iii ,celebrate one ,nation1 indivisible #cja4 ,,ice ,out of ,our ,faces ,act 7a7 ,definitions ,in this section3 7#a7 ,biometric surveillance system ,the term biometric surveillance system means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph4 7#b7 ,covered immigration officer ,the term covered immigration officer means any individual who is-- 7,a7 authorized to perform immigration enforcement functions2 and 7,b7 7i7 an officer1 employee1 agent1 contractor1 or subcontractor of ,u4,s4 ,customs and ,border ,protection2 7ii7 an officer1 employee1 agent1 contractor1 or subcontractor of ,u4,s4 ,immigration and ,customs ,enforcement2 or 7iii7 an individual authorized1 deputized1 or designated to perform immigration enforcement functions pursuant to section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g774 7#c7 ,facial recognition ,the term facial recognition means an automated or semi-automated process that-- 7,a7 assists in identifying an individual1 capturing information about an individual1 matching an individual to a list or otherwise generating or assisting in generating surveillance or identification information about an individual based on the physical characteristics of the individual's face2 or 7,b7 logs characteristics of an individual's face1 head1 or body to infer emotion1 associations1 activities1 or the location of an individual4 7#d7 ,other biometric recognition ,the term other biometric recognition-- 7,a7 means an automated or semi-automated process that-- 7i7 assists in identifying an individual1 capturing information about an individual1 or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance2 7ii7 uses voice recognition technology2 or 7iii7 logs characteristics referred to in clause 7i7 or 7ii7 to infer emotion1 associations1 activities1 or the location of an individual2 and 7,b7 does not include identification based on fingerprints or palm prints not ascertained from a distance4 7#e7 ,voice recognition technology ,the term voice recognition technology means an automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice4 7b7 ,prohibition on the use of biometric surveillance by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection 7#a7 ,in general ,it shall be unlawful for any covered immigration officer to acquire1 possess1 access1 or use in the ,united ,states-- 7,a7 any biometric surveillance system2 or 7,b7 information derived from a biometric surveillance system operated by another entity4 7#b7 ,biometric data deletion ,all information collected by a covered immigration officer for use in1 or derived from1 a biometric surveillance system1 including information collected before the date of the enactment of this ,act1 shall be deleted not later than #cj days after the date of the enactment of this ,act4 7#c7 ,judicial investigations and proceedings 7,a7 ,admissibility ,except in a judicial investigation or proceeding alleging a violation of this section1 information obtained in violation of this section is not admissible by the ,federal ,government in any criminal1 civil1 administrative1 or other investigation or proceeding4 7,b7 ,cause of action 7i7 ,in general ,a violation of this section constitutes an injury to any individual aggrieved by such violation4 7ii7 ,right to sue ,an individual aggrieved by a violation of this section may institute proceedings against the ,federal ,government whose covered immigration officer is alleged to have violated this section for the relief described in clause 7iv7 in any court of competent jurisdiction4 7iii7 ,enforcement by state attorneys general ,the chief law enforcement officer of a ,state1 or any other ,state officer authorized by law to bring actions on behalf of the residents of a ,state1 may bring a civil action1 as parens patriae1 on behalf of the residents of such ,state in an appropriate district court of the ,united ,states to enforce this section1 whenever the chief law enforcement officer or other ,state officer determines the interests of the residents of such ,state have been or are being threatened or adversely affected by a violation of this section4 7iv7 ,relief ,in a civil action authorized under clause 7ii7 in which the plaintiff prevails1 the court may award-- 7,i7 actual damages2 7,,ii7 punitive damages2 7,,iii7 reasonable attorneys' fees and costs2 and 7,,iv7 any other relief1 including injunctive relief1 that the court determines to be appropriate4 7#d7 ,civil penalties ,any covered immigration officer who violates this section may be subject to retraining1 suspension1 termination1 or any other penalty1 as determined in an appropriate tribunal1 and subject to applicable due process requirements4 7#e7 ,rule of construction ,nothing in this section may be construed to preempt or supersede any ,federal1 ,state1 or local law absent actual conflict with the limitations on covered immigration officers imposed by this section4 #cjb4 ,accountability for unlawful immigration enforcement actions 7a7 ,short title ,this section may be cited as the ,,ice and ,,cbp ,constitutional ,accountability ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,the ,first1 ,fourth1 ,fifth1 and ,fourteenth ,amendments to the ,constitution of the ,united ,states were passed by ,congress and ratified by the ,state legislatures to ensure the protection of fundamental rights for the people of the ,united ,states4 7#b7 ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection officers and agents have undermined the fundamental rights guaranteed by those amendments1 including-- 7,a7 violating due process2 7,b7 racial profiling based on individuals' skin color and languages spoken2 7,c7 conducting unreasonable and warrantless searches and seizures2 and 7,d7 violating individuals' rights to privacy and free speech4 7#c7 ,the recent and ongoing reckless conduct by ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection has resulted in needless injuries1 deaths1 and public distrust of the ,federal ,government4 7#d7 ,civil suits provide individuals a remedy when their fundamental rights are violated by ,government officials4 7c7 ,civil remedy for victims of unlawful immigration enforcement actions ,section #bfgd of title #bh1 ,united ,states ,code1 is amended by inserting after punitive damages4 the following3 ,if1 while acting under color of law1 an officer or agent of ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 or any other person acting under the direction of any such officer or agent1 subjects1 or causes to be subjected1 any individual within the jurisdiction of the ,united ,states to the deprivation of any rights1 privileges1 or immunities secured by the ,united ,states ,constitution or laws1 the ,united ,states ,government shall be liable to the aggrieved party in an action at law1 a suit in equity1 or any other proper proceeding for redress1 regardless of whether a policy or custom of the ,department of ,homeland ,security caused the violation and without regard to whether the officer1 agent or other person was acting consistent with an official policy1 practice1 or custom4 ,monetary damages awarded in cases authorized under this paragraph shall be derived from amounts appropriated under title ,,ix and sections #ajjjea and #ajjjeb of ,public ,law #aai-ba and1 if such amounts have been depleted1 from amounts appropriated pursuant to section #acjd of title #ca4 ,the requirement set forth in section #bfge7;a7 shall not apply to a civil action authorized under this paragraph4 ,notwithstanding any other provision of law1 in cases authorized under this paragraph1 a plaintiff may seek punitive damages4 ,this paragraph shall constitute a waiver of sovereign immunity of the ,united ,states with respect to ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement for any claim brought under this section4 ,nothing in this paragraph may be construed to limit or preclude any legal1 equitable1 or other remedy that is otherwise available against an individual officer1 agent1 or other person4 4 #cjc4 ,prohibition on racial profiling 7a7 ,definitions ,in this section3 7#a7 ,law enforcement agency ,the term law enforcement agency means any ,federal1 ,state1 local1 or ,tribal public agency engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#b7 ,law enforcement agent ,the term law enforcement agent means any ,federal1 ,state1 local1 or ,tribal official responsible for enforcing criminal1 immigration1 or customs laws1 including police officers and other agents of a law enforcement agency4 7#c7 ,racial profiling ,the term racial profiling means the practice of a law enforcement agent or agency relying1 to any degree1 on actual or perceived race1 ethnicity1 national origin1 religion1 gender1 gender identity1 or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure1 except when there is trustworthy information1 relevant to the locality and timeframe1 that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme4 7#d7 ,routine or spontaneous investigatory activities ,the term routine or spontaneous investigatory activities means the following activities by a law enforcement agent3 7,a7 ,interviews4 7,b7 ,traffic stops4 7,c7 ,pedestrian stops4 7,d7 ,frisks and other types of body searches4 7,e7 ,consensual or nonconsensual searches of the persons1 property1 or possessions 7including vehicles7 of individuals using any form of public or private transportation1 including motorists and pedestrians4 7,f7 ,data collection and analysis1 assessments1 and predicated investigations4 7,g7 ,inspections and interviews of entrants into the ,united ,states that are more extensive than those customarily carried out4 7,h7 ,immigration-related workplace investigations4 7b7 ,prohibition ,no law enforcement agent or law enforcement agency shall engage in racial profiling4 7c7 ,enforcement ,the ,united ,states1 or an individual injured by racial profiling1 may enforce this title in a civil action for declaratory or injunctive relief1 filed either in a ,state court of general jurisdiction or in a district court of the ,united ,states4 ,,iv ,reaffirm equal justice under law ,a ,children's ,safe ,welcome ,act of #bjbf #dja4 ,short title ,this subtitle may be cited as the ,children's ,safe ,welcome ,act of #bjbf4 #djb4 ,definitions ,in this subtitle3 7#a7 ,best interests of the child ,with respect to an accompanied noncitizen child or unaccompanied noncitizen child1 the term best interests of the child means a consideration1 informed to the extent practicable by the child and the parents or guardian and extended family of the child1 that takes into account-- 7,a7 the safety and well-being of the child2 7,b7 the expressed interests of the child1 taking into account the child's age and stage of development2 7,c7 the physical and mental health of the child2 7,d7 the right of the child to-- 7i7 family integrity2 7ii7 liberty2 and 7iii7 development2 and 7,e7 the identity of the child1 including religious1 ethnic1 linguistic1 gender1 sexual orientation1 and cultural identity4 7#b7 ,childcare facility ,the term childcare facility means a facility operated by the ,department of ,health and ,human ,services1 or a contractor or grantee of the ,department of ,health and ,human ,services1 that-- 7,a7 is a ,state-licensed program2 and 7,b7 provides residential care for unaccompanied noncitizen children4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,refugee ,resettlement4 7#d7 ,flores settlement agreement ,the term ,flores settlement agreement means the stipulated settlement agreement in ,reno v4 ,flores1 as filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv-#he-dedd-,,rjk71 including all subsequent court decisions1 orders1 agreements1 and stipulations4 7#e7 ,immigration custody ,the term immigration custody means the physical custody of the ,secretary of ,health and ,human ,services or the ,secretary of ,homeland ,security 7or the head of any successor agency of the ,department of ,health and ,human ,services or the ,department of ,homeland ,security74 7#f7 ,influx ,the term influx means a period-- 7,a7 beginning on the date on which1 for not less than #g consecutive days1 the net available bed capacity of ,state-licensed programs that is occupied or held for placement by unaccompanied noncitizen children is #he percent or more2 and 7,b7 ending on the date on which1 for not less than #g consecutive days1 such bed capacity occupied or held for placement by unaccompanied noncitizen children is less than #he percent4 7#g7 ,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 emergency4 7#h7 ,noncitizen ,the term noncitizen means an individual who is not a citizen or national of the ,united ,states4 7#i7 ,noncitizen child ,the term noncitizen child means a noncitizen under the age of #ah years4 7#aj7 ,nonparent family member ,with respect to an unaccompanied noncitizen child apprehended with a nonparent family member1 the term nonparent family member means an individual who is-- 7,a7 #ah years of age or older2 and 7,b7 a relative of such child1 including a grandparent1 aunt1 uncle1 first cousin1 sibling1 and fictive kin4 7#aa7 ,ombudsperson ,the term ,ombudsperson means the ,ombudsperson of the ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children established under section #dga4 7#ab7 ,out-of-network facility ,the term out-of-network facility means any public or private facility1 including a mental health facility1 or any other location that-- 7,a7 is used to provide residential care for unaccompanied noncitizen children2 and 7,b7 is not an ,office of ,refugee ,resettlement facility4 7#ac7 ,prospective sponsor ,the term prospective sponsor means an individual or entity who applies for custody of an unaccompanied noncitizen child4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#ae7 ,secure facility ,the term secure facility means any public or private facility that is opened by a program1 agency1 or organization that is licensed by an appropriate ,state agency to provide residential care for children who have been adjudicated delinquent4 7#af7 ,special needs noncitizen child ,the term special needs noncitizen child-- 7,a7 7i7 means a noncitizen under the age of #ah years1 the mental or physical condition of whom requires special services or medical equipment and special treatment by the staff of a childcare facility2 and 7ii7 includes such an individual who-- 7,i7 has special needs due to drug or alcohol abuse1 serious emotional disturbance1 mental illness1 developmental or cognitive delay1 or a physical condition or chronic illness that requires special services or treatment2 7,,ii7 is an individual with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 or 7,,iii7 requires special services or treatment as a result of neglect or abuse2 and 7,b7 in the case of a child who is #ab years of age or older1 means such a child who consents to such designation1 services1 and treatment4 7#ag7 ,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 ,secretary4 7#ah7 ,staff-secure facility ,the term staff-secure facility-- 7,a7 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 #dcb7;c77#c72 and 7,b7 does not include a facility that provides residential care to children who have been adjudicated delinquent4 7#ai7 ,state-licensed program ,the term ,state-licensed program means any public or private program1 agency1 or organization licensed by an appropriate ,state agency to provide residential1 group1 or foster care services for unaccompanied noncitizen children 7including a program operating group homes1 foster homes1 or facilities for special needs noncitizen children7 that complies with applicable-- 7,a7 ,state child welfare laws1 regulations1 and policies2 7,b7 ,state and local building1 fire1 health1 and safety laws and regulations2 7,c7 ,federal1 ,state1 and local human rights and privacy laws1 as applicable2 and 7,d7 ,state staffing and training requirements4 7#bj7 ,tender age minor ,the term tender age minor means an individual who is #ab years of age or younger or has the developmental age of such an individual4 7#ba7 ,unaccompanied noncitizen child ,the term unaccompanied noncitizen child has the meaning given the term unaccompanied alien child in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 #djc4 ,rule of construction ,nothing in this subtitle may be construed-- 7#a7 to limit the rights of a noncitizen child-- 7,a7 to preserve #a or more issues for judicial review in the appeal of an individual case2 or 7,b7 to exercise any independent right the noncitizen child may otherwise have2 7#b7 to affect the application of the ,flores settlement agreement to all children in immigration custody2 7#c7 to abrogate1 modify1 or replace the ,flores settlement agreement2 or 7#d7 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 ,i ,procedures and temporary placements following apprehension #daa4 ,prohibition on family separation 7a7 ,in general ,a noncitizen child shall remain physically together with their parent1 legal guardian1 or nonparent family member at all times while in the custody of the ,secretary of ,homeland ,security or the ,secretary of ,health and ,human ,services1 unless-- 7#a7 the noncitizen child requests privacy temporarily2 7#b7 during the screening process1 a determination is made based on clear and convincing evidence that the parent or legal guardian of the noncitizen child1 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 ,states1 presents an imminent threat to ,united ,states national security or is inadmissible under subparagraphs 7,c77i71 7,e71 7,g71 or 7,i7 of section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b772 or 7#c7 the child welfare expert documents1 based on clear and convincing evidence1 that the continued care of the noncitizen child by the parent1 legal guardian1 or nonparent family member is likely to result in serious emotional or physical damage to the child4 7b7 ,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 7a74 7c7 ,termination of separation ,in the case of a separation under paragraph 7#b7 or 7#c7 of subsection 7a71 as soon as practicable after the potential damage to the child is sufficiently mitigated or remedied-- 7#a7 in the case of a child in the custody of the ,secretary of ,health and ,human ,services1 the ,secretary of ,health and ,human ,services shall reunify the child with the individual from whom they were separated2 and 7#b7 in the case of a child in the custody of the ,secretary of ,homeland ,security1 the ,secretary of ,homeland ,security shall release the individual in accordance with subsection 7a77#e7 of section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb71 as amended by section #dab4 7d7 ,challenge to separation ,in the case of a separation under paragraph 7#b7 or 7#c7 of subsection 7a71 the ,secretary of ,homeland ,security shall-- 7#a7 notify the parents1 legal guardians1 and children concerned of their-- 7,a7 right to challenge such separation under titles ,,vi and ,,vii2 and 7,b7 private right of action to seek review before a district court of the ,united ,states2 and 7#b7 provide a copy of any determination1 evidence1 arrest warrants1 or other documentation supporting such separation to such individuals and their attorneys4 7e7 ,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 7#c77;,c7 of section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b771 as amended by section #dab4 7f7 ,staffing 7#a7 ,child welfare experts ,the ,secretary of ,health and ,human ,services shall hire child welfare experts to carry out the screening process described in subsection 7a74 7#b7 ,qualifications ,each child welfare expert hired under this subsection shall-- 7,a7 be professionally trained and licensed in social work2 7,b7 have direct experience providing trauma-informed care to children who have experienced trauma2 and 7,c7 be proficient in ,spanish or #a of the top #e most common languages spoken by noncitizen children in the past #e years4 #dab4 ,protections for noncitizen children ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 by striking unaccompanied alien child each place it appears and inserting unaccompanied noncitizen child2 7#b7 by striking unaccompanied alien child's each place it appears and inserting unaccompanied noncitizen child's2 7#c7 by striking unaccompanied alien children each place it appears and inserting unaccompanied noncitizen children2 7#d7 by striking unaccompanied alien children's each place it appears and inserting unaccompanied noncitizen children's2 7#e7 in subsection 7a7-- 7,a7 by striking paragraphs 7#b7 and 7#d72 7,b7 by redesignating paragraphs 7#c7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively2 7,c7 in paragraph 7#b71 as redesignated1 in the paragraph heading1 by striking other and inserting unaccompanied noncitizen2 7,d7 in paragraph 7#c71 as redesignated-- 7i7 in subparagraph 7,c71 in the subparagraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 and 7ii7 in subparagraph 7,d71 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b712 and 7,e7 by inserting after paragraph 7#c71 as redesignated1 the following3 7#d7 ,child caregiver professionals at the border 7,a7 ,in general ,the ,secretary of ,homeland ,security shall ensure that a licensed child caregiver professional is physically present to provide onsite expertise at each-- 7i7 land port of entry at which noncitizen children are most likely to enter2 7ii7 ,border ,patrol station on the southern border2 and 7iii7 ,u4,s4 ,customs and ,border ,protection processing facility and reception center1 regardless of whether such facility or center is temporary in nature4 7,b7 ,qualifications 7i7 ,in general ,such a child caregiver professional-- 7,i7 shall-- 7aa7 be professionally trained and licensed to provide services to children2 7bb7 have direct experience providing trauma-informed care to children who have experienced trauma2 and 7cc7 subject to clause 7ii71 be proficient in ,spanish or #a of the top #e most common languages spoken by noncitizen children in the past #e years2 and 7,,ii7 may be a licensed childcare worker1 licensed pediatric health professional1 or licensed child welfare professional4 7ii7 ,phase-in of language proficiency ,during the #c-year period beginning on the date of the enactment of the ,children's ,safe ,welcome ,act of #bjbf1 #be 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 7i77,,iii74 7,c7 ,oversight of care ,such a child caregiver professional shall oversee the care of noncitizen children in ,u4,s4 ,customs and ,border ,protection facilities1 consistent with the standards established under sections #dad and #dae of the ,children's ,safe ,welcome ,act of #bjbf1 including by-- 7i7 issuing and ensuring access to adequate food1 hydration1 hygiene necessities1 clothing1 and other supplies as needed2 7ii7 supporting general care to infants and children1 including monitoring1 changing diapers1 assisting with toilet use and handwashing1 feeding any child who is not able to feed himself or herself1 and identifying and tending to other similar basic needs of children as such needs arise2 7iii7 providing supervision and support to children during recreational and exercise activities2 7iv7 maintaining a safe working environment and observing and encouraging adherence to safety rules and health guidelines2 and 7v7 referring any suspected or reported medical or mental health issues to onsite ,border ,patrol or ,u4,s4 ,customs and ,border ,protection personnel and medical personnel4 7,d7 ,availability ,caregiver services provided under this paragraph shall be-- 7i7 available #bd hours per day1 #g days per week1 including on weekends and ,federal holidays2 and 7ii7 provided by a mixed-gender staff1 including not fewer than #a male and #a female staff member at all times4 7#e7 ,release of children apprehended with parents1 adoptive parents1 or legal guardians ,in the case of a child apprehended with a parent1 adoptive parent1 or legal guardian1 the ,secretary of ,homeland ,security shall-- 7,a7 subject to paragraph 7#b7 or 7#c7 of section #daa7;a7 of the ,children's ,safe ,welcome ,act of #bjbf1 release the child together with the parent1 adoptive parent1 or legal guardian1 as applicable2 and 7,b7 ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant1 refugee1 and asylum-seeking populations4 7#f7 ,release of children apprehended with nonparent family members ,in the case of a child apprehended with a nonparent family member determined under subsection 7b77#c77;,c77iii7 to be an appropriate sponsor for the child1 the ,secretary of ,health and ,human ,services shall-- 7,a7 subject to paragraph 7#b7 or 7#c7 of section #daa7;a7 of the ,children's ,safe ,welcome ,act of #bjbf1 release the child together with the nonparent family member2 and 7,b7 ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant1 refugee1 and asylum-seeking populations4 7#g7 ,prohibition on operation of family detention facilities ,the ,federal ,government may not operate1 under any circumstance1 a family detention facility4 2 7#f7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the paragraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 7,b7 in paragraph 7#c7-- 7i7 in the paragraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 7ii7 by striking ,except in the case of exceptional circumstances1 and inserting the following3 7,a7 ,in general ,except in the case of exceptional circumstances1 subject to subparagraph 7,b71 2 and 7iii7 by adding at the end the following3 7,b7 ,limitation on ,u4,s4 ,customs and ,border ,protection custody ,under no circumstance may the ,commissioner hold an unaccompanied or accompanied noncitizen child in custody for more than #gb hours4 7,c7 ,reception centers 7i7 ,designation ,the ,commissioner shall designate #a or more reception centers located within #ajj 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 7iii74 7ii7 ,transfer ,in the case of an unaccompanied noncitizen child apprehended with a nonparent family member1 the ,commissioner shall immediately transfer the child and his or her #a or more nonparent family members1 as applicable1 to a reception center designated under clause 7i7 for the purpose of an evaluation under clause 7iii74 7iii7 ,expedited evaluations 7,i7 ,in general ,on the arrival of an unaccompanied noncitizen child apprehended with a nonparent family member at a designated reception center1 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 ,u4,s4 ,customs and ,border ,protection custody to the nonparent family member with whom the child was apprehended4 7,,ii7 ,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 evaluations4 7iv7 ,staffing 7,i7 ,case managers and case coordinators 7aa7 ,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 ,u4,s4 ,customs and ,border ,protection4 7bb7 ,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 skills1 including document review1 observation1 and interviews of the child and family members4 7,,ii7 ,federal field specialists 7aa7 ,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 child1 whom the ,director of the ,office of ,refugee ,resettlement would consider as a potential sponsor for the child4 7bb7 ,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 children4 7,,iii7 ,legal services providers ,the ,secretary of ,health and ,human ,services shall enter into #a 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 members1 as applicable1 under consideration for expedited release under this subparagraph4 7v7 ,release decision ,the ,secretary of ,health and ,human ,services shall make a determination with respect to expedited release under this subparagraph not later than #gb hours after the child has been determined to be an unaccompanied noncitizen child4 7vi7 ,release of nonparent family member 7,i7 ,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 sponsor1 and the applicable ,federal field specialist and case manager or case coordinator have verified the family relationship1 the ,commissioner shall approve the release of the nonparent family member for the purpose of reunification with the child4 7,,ii7 ,retention of unaccompanied noncitizen child determination ,an unaccompanied noncitizen child released to a nonparent family member who is released under subclause 7,i7 shall retain his or her determination as an unaccompanied noncitizen child4 7,,iii7 ,post-release counsel and services ,the ,secretary of ,health and ,human ,services shall provide to each child released to a nonparent family member who is released under subclause 7,i7 post-release counsel and services1 such as legal counsel1 in the location in which the child's removal proceedings are scheduled4 7vii7 ,transfer to office of refugee resettlement custody 7,i7 ,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 #gb hours after the ,commissioner has made the unaccompanied noncitizen child determination1 or if an unaccompanied noncitizen child apprehended with a nonparent family member is denied expedited release under this subparagraph-- 7aa7 such child shall be placed in the least restrictive setting2 7bb7 notice shall be provided to the nonparent family member and the parents or legal guardians of the child1 to the extent such individuals may be ascertained and contacted1 with respect to-- 7,,aa7 the reason for the inability to timely make such determination or for the denial2 and 7,,bb7 the location of the child's transfer and any subsequent transfer2 and 7cc7 the family relationship shall be documented4 7,,ii7 ,appointment of child advocate ,in the case of a child denied expedited release under this subparagraph1 the ,secretary of ,health and ,human ,services shall appoint a child advocate for the child4 7viii7 ,prohibition ,the adjudication of asylum applications shall not be carried out in a reception center designated under this subparagraph4 7,d7 ,transportation 7i7 ,in general ,except as provided in clause 7ii71 the ,commissioner may not transport any unaccompanied noncitizen child in a vehicle with a detained adult who is not related to the child4 7ii7 ,exception 7,i7 ,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 ,u4,s4 ,customs and ,border ,protection facility4 7,,ii7 ,precautions ,in transporting an unaccompanied noncitizen child under subclause 7,i71 the ,commissioner shall take necessary precautions for the protection and well-being of the unaccompanied noncitizen child4 2 and 7,c7 by adding at the end the following3 7#e7 ,substantive and procedural protections 7,a7 ,in general ,on a determination that a child is an unaccompanied noncitizen child1 the unaccompanied noncitizen child shall be afforded1 for the duration of the unaccompanied noncitizen child's removal proceedings1 all substantive and procedural protections provided under this section and any other applicable ,federal law4 7,b7 ,unaccompanied noncitizen child determination ,no ,federal agency1 officer1 or personnel may-- 7i7 reevaluate or revoke a determination that a child is an unaccompanied noncitizen child1 unless an age assessment conducted by the ,secretary of ,health and ,human ,services consistent with section #dae7;h7 of the ,children's ,safe ,welcome ,act of #bjbf indicates that the individual is #ah years of age or older2 or 7ii7 deny or impede access to any protection provided for unaccompanied noncitizen children under ,federal law1 including on the basis of-- 7,i7 the reunification of an unaccompanied noncitizen child with a parent or legal guardian2 7,,ii7 the release of an unaccompanied noncitizen child to a nonparent family member in accordance with subsection 7b77#c77;,c77vi72 or 7,,iii7 an unaccompanied noncitizen child having attained #ah years of age4 2 7#g7 in subsection 7d77#h71 in the paragraph heading1 by striking unaccompanied alien children and inserting unaccompanied noncitizen children2 7#h7 by striking subsection 7g72 7#i7 by redesignating subsections 7h7 and 7i7 as subsections 7g7 and 7h71 respectively2 and 7#aj7 by adding at the end the following3 7i7 ,access to legal services ,each child in immigration custody1 including accompanied noncitizen children1 shall-- 7#a7 receive a legal orientation presentation2 and 7#b7 have access to legal counsel and child advocates4 7j7 ,treatment of adult family members apprehended with children 7#a7 ,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 #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 7#b7 ,requirement ,such a parent or legal guardian or nonparent family member and the child concerned shall be provided an opportunity-- 7,a7 to consult1 independently and jointly1 legal counsel2 and 7,b7 to request such measures as may be necessary to ensure-- 7i7 full and fair consideration of their cases for relief from removal2 and 7ii7 the best interests of the child4 7k7 ,removal proceedings for accompanied noncitizen children ,with respect to an accompanied noncitizen child1 the child and their parent or legal guardian may only be placed in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 7l7 ,definitions ,in this section3 7#a7 ,accompanied noncitizen child ,the term accompanied noncitizen child means a noncitizen under #ah years of age who-- 7,a7 has no lawful immigration status in the ,united ,states2 and 7,b7 is apprehended while traveling with a parent1 adoptive parent1 or legal guardian4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,danger of abuse or neglect at the hands of the parent1 legal guardian1 or nonparent family member ,the term danger of abuse or neglect at the hands of the parent1 legal guardian1 or nonparent family member shall not mean migrating to or crossing the ,united ,states border4 7#d7 ,nonparent family member ,with respect to an unaccompanied noncitizen child apprehended with a nonparent family member1 the term nonparent family member means an individual who is-- 7,a7 #ah years of age or older2 and 7,b7 a relative of such child1 including a grandparent1 aunt1 uncle1 first cousin1 sibling1 and fictive kin4 7#e7 ,unaccompanied noncitizen child ,the term unaccompanied noncitizen child has the meaning given the term unaccompanied alien child in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 7#f7 ,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 member4 4 #dac4 ,nonadversarial asylum processing for noncitizen children ,section #bjh7;b77#c77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#c77;,c77 is amended to read as follows3 7,c7 ,nonadversarial asylum processing for children ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall have jurisdiction over the asylum application of an individual who-- 7i7 has been classified as an unaccompanied noncitizen child 7as defined in section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb771 regardless of the age or marital status of the individual on the date on which he or she files an asylum application2 7ii7 was a child apprehended with a parent1 adoptive parent1 or legal guardian1 regardless of the age or marital status of the individual on the date on which he or she files an asylum application2 or 7iii7 is the parent or legal guardian of an individual described in clause 7ii74 4 #dad4 ,standards for ,u4,s4 ,customs and ,border ,protection detention of noncitizen children 7a7 ,initial processing of noncitizen children and families with noncitizen children 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7referred to in this part as the ,commissioner7 may only detain a noncitizen child for the purpose of initial processing4 7#b7 ,time limitation ,under no circumstance may the ,commissioner detain a family with a noncitizen child for more than #gb hours4 7b7 ,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 child1 the ,commissioner shall prioritize-- 7#a7 the best interests of the noncitizen child2 and 7#b7 in the case of a noncitizen child apprehended with a parent1 legal guardian1 or nonparent family member1 family unity4 #dae4 ,standards for ,u4,s4 ,customs and ,border ,protection facilities housing noncitizen children 7a7 ,in general ,a noncitizen child may not be housed in a ,u4,s4 ,customs and ,border ,protection facility that is not in compliance with this subtitle or the amendments made by this subtitle4 7b7 ,humanitarian access 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 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 ,u4,s4 ,customs and ,border ,protection facility so as to facilitate the humane treatment of individuals and families encountered at the border4 7#b7 ,elements ,the procedures developed under paragraph 7#a7 shall1 at a minimum1 provide that-- 7,a7 for each ,u4,s4 ,customs and ,border ,protection facility in which an individual may be detained in ,u4,s4 ,customs and ,border ,protection custody longer than #gb hours1 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 screenings1 ensure opportunities for general hygiene1 provide adequate food and hydration1 offer nursing and diapering supplies1 and provide appropriate space for children2 and 7,b7 employees of the ,department of ,health and ,human ,services at such a facility shall immediately begin efforts-- 7i7 to reunify unaccompanied children with sponsors in the ,united ,states2 and 7ii7 verify family relationships to ensure that unaccompanied children who arrive with a nonparent family member may remain in the care of such nonparent family member4 7c7 ,national ,standards on ,transport1 ,escort1 ,detention1 and ,search 7#a7 ,review ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner1 in consultation with stakeholder organizations that serve immigrant and refugee children and families1 shall conduct a review of the ,u4,s4 ,customs and ,border ,protection standards entitled ,national ,standards on ,transport1 ,escort1 ,detention1 and ,search issued in ,october #bjae1 to identify necessary improvements with respect to the treatment and care of noncitizen children in ,u4,s4 ,customs and ,border ,protection custody4 7#b7 ,revision ,not later than #ij days after the date on which the review required by paragraph 7#a7 is completed1 the ,commissioner shall revise such standards to incorporate the improvements identified by the review4 7#c7 ,compliance ,not later than #ahj days after the revision under paragraph 7#b71 each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children shall attain compliance with the revised standards4 7d7 ,facility requirements 7#a7 ,in general ,the ,commissioner shall ensure that each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children is safe and sanitary and promotes an appropriate and healthy environment for children4 7#b7 ,children's area 7,a7 ,in general ,the ,commissioner shall ensure that each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children includes-- 7i7 a dedicated physical environment that is appropriate for children of all ages and stages of development 7referred to in this paragraph as a children's area72 and 7ii7 an outdoor recreation area4 7,b7 ,elements ,each children's area shall be colorful and include-- 7i7 low1 warm lights2 7ii7 child-sized furniture and equipment1 including developmentally appropriate books and toys that facilitate structured and unstructured play2 7iii7 child-friendly images and displays2 7iv7 a children's bathroom2 7v7 a diaper-changing area and access to sanitation2 7vi7 nursing chairs for breastfeeding mothers2 and 7vii7 an area in which children may sit and rest comfortably4 7,c7 ,child caregiver professional staffing ,each children's area shall be staffed by #a or more individuals who are professionally trained and licensed to provide services to children1 including licensed childcare workers1 licensed pediatric health professionals1 and licensed child welfare professionals4 7#c7 ,medical screening and care 7,a7 ,in general ,the ,commissioner shall ensure that-- 7i7 except as provided in subparagraph 7,f77i71 not later than #f hours after the arrival of a noncitizen child at a ,u4,s4 ,customs and ,border ,protection facility1 the child receives a medical screening conducted by a licensed physician1 advanced practice provider1 nurse1 or physician's assistant in accordance with this paragraph2 7ii7 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 child2 7iii7 in the case of such a child with a medical assistive device or other health care support item1 the noncitizen child1 or the parent1 legal guardian1 or nonparent family member of the child1 is permitted unrestricted access to the device or item2 7iv7 on release from such custody1 a noncitizen child1 or the parent1 legal guardian1 or nonparent family member of the child1 is provided with documentation of the child's medical screening and care1 including the need for any followup while in such custody1 in accordance with subparagraph 7,b77viii72 and 7v7 medication in possession of a noncitizen child1 or in the possession of the child's parent1 legal guardian1 or nonparent family member1 on arrival shall not be destroyed or discarded before the review and determination under subparagraph 7,b77vi7 occur4 7,b7 ,duties of medical professional ,with respect to a medical screening required by subparagraph 7,a7 and the care of a noncitizen child at a ,u4,s4 ,customs and ,border ,protection facility1 a licensed physician1 advanced practice provider1 nurse1 or physician's assistant attending the child at the facility shall-- 7i7 assess and identify any illness1 condition1 or physical ailment2 7ii7 7,i7 identify any acute condition or elevated medical risk2 and 7,,ii7 in the case of a child for which such a condition or risk is identified1 consult with a licensed pediatrician or pediatric subspecialist2 7iii7 ensure that appropriate health care is provided to the child as necessary1 including pediatric and reproductive health care2 7iv7 in the case of a child under #ab years of age1 conduct a physical examination of the child in the presence of a parent1 legal guardian1 or family member2 7v7 in the case of a child who is #ab years of age or older-- 7,i7 provide the child with the choice of-- 7aa7 a physical examination in the presence of a parent1 legal guardian1 or nonparent family member2 or 7bb7 a private physical examination without the presence of a parent1 legal guardian1 or nonparent family member2 and 7,,ii7 conduct such examination in accordance with the child's preference2 7vi7 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 parent1 legal guardian1 or nonparent family member1 as applicable2 7vii7 in the case of a medication described in clause 7vi7 that may not be kept by the child or the child's parent1 legal guardian1 or nonparent family member for medical storage purposes1 such as a medication that requires refrigeration1 ensure storage with appropriate access for the child's use while in ,u4,s4 ,customs and ,border ,protection custody2 7viii7 ensure that the medical screening and care under this paragraph1 and any other medical evaluation of or intervention for the child conducted while the child is in the custody of the ,commissioner1 is documented in accordance with commonly accepted standards in the ,united ,states for medical records documentation2 and 7ix7 ensure that a copy of all medical records and documentation of any medical screening and any other medical evaluation of1 or intervention for1 the child conducted while the child is in the custody of the ,commissioner is-- 7,i7 provided to the child and the child's parent1 legal guardian1 or nonparent family member before the child is released from such custody2 or 7,,ii7 in the case of a child who is transferred to the custody of the ,director1 sent to the ,office of ,refugee ,resettlement immediately upon such transfer4 7,c7 ,procedures for medical screenings ,the ,commissioner shall establish procedures for medical screenings and examinations under this paragraph that are consistent with-- 7i7 relevant guidelines set forth in the ,american ,medical ,association ,code of ,medical ,ethics2 and 7ii7 the recommendations of the ,american ,academy of ,pediatrics and the ,american ,college of ,obstetricians and ,gynecologists4 7,d7 ,language services ,the ,commissioner shall ensure-- 7i7 the availability of in-person1 language-appropriate interpretation services1 including indigenous languages1 for each noncitizen child in the custody of the ,commissioner during any medical screening or examination2 and 7ii7 that noncitizen children in such custody are informed of the availability of such services4 7,e7 ,location of medical screenings ,the ,commissioner shall ensure that medical screenings1 examinations1 and any follow-up care under this paragraph are conducted in a location that-- 7i7 is private and provides a comfortable and considerate atmosphere for children2 7ii7 ensures each noncitizen child's dignity and right to privacy2 and 7iii7 contains all necessary and appropriate medical equipment and supplies1 including basic over-the-counter medications appropriate for all age groups4 7,f7 ,acute medical conditions 7i7 ,in general ,the ,commissioner shall ensure that any noncitizen child exhibiting symptoms of an acute medical condition1 or who is at risk for an acute medical condition1 receives immediate care from a licensed physician1 advanced practice provider1 nurse1 or physician's assistant4 7ii7 ,transfer to local health care facility 7,i7 ,in general ,if appropriate medical care cannot be provided for a noncitizen child described in clause 7i7 at a ,u4,s4 ,customs and ,border ,protection facility1 the ,commissioner shall expeditiously transfer the child to a local medical facility4 7,,ii7 ,accompaniment by family ,in the case of a noncitizen child transferred under subclause 7,i71 #a or more parents1 legal guardians1 or nonparent family members1 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 child1 as determined by a child welfare expert4 7iii7 ,ongoing availability of transportation ,the ,commissioner shall maintain-- 7,i7 appropriate transportation at each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children to ensure the availability of transport to outside medical facilities in the case of a medical emergency2 or 7,,ii7 an on-call service to provide such transportation to such a facility within #cj minutes4 7,g7 ,rule of construction ,nothing in this paragraph shall be construed to require a noncitizen child1 parent1 legal guardian1 or nonparent family member to disclose the child's medical history4 7#d7 ,services and supplies ,the ,commissioner shall ensure that each ,u4,s4 ,customs and ,border ,protection facility that houses #a or more noncitizen children is in compliance with the following standards at all times3 7,a7 ,temperature ,the temperature inside the facility shall be maintained between #gj and #gc degrees ,fahrenheit4 7,b7 ,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-#ai4 7,c7 ,food and ,water 7i7 ,in general ,food shall be provided-- 7,i7 in a manner that follows ,federal food safety laws and regulations2 and 7,,ii7 according to the guidelines of the ,american ,academy of ,pediatrics and the ,american ,college of ,obstetricians and ,gynecologists with respect to nutrition1 consistency1 calories1 and portion size1 consistent with the age of each child4 7ii7 ,meals and snacks 7,i7 ,arrival ,on arrival at the facility1 a child shall be provided with a healthy1 nutritious1 and culturally appropriate meal4 7,,ii7 ,meals ,meals shall-- 7aa7 be served daily to all noncitizen children for breakfast1 lunch1 and dinner1 of which not fewer than #b meals daily shall be served hot2 and 7bb7 include a variety of fresh fruit1 vegetables1 a protein1 and grains4 7,,iii7 ,snacks ,noncitizen children shall have unrestricted access to healthy snacks4 7,,iv7 ,limitation on unhealthful foods ,the availability of highly processed foods and sugars shall be limited4 7iii7 ,water ,each noncitizen child shall-- 7,i7 be provided with not less than #a gallon of drinking water or age-appropriate fluids daily2 and 7,,ii7 have unrestricted access to drinking water4 7iv7 ,accommodation ,a noncitizen child's individual dietary needs or restrictions shall be accommodated4 7v7 ,special considerations for infants and young children 7,i7 ,bottle feeding 7aa7 ,in general ,on arrival at a facility1 the parent1 legal guardian1 or nonparent family member of a noncitizen child using a bottle for feeding shall be offered #b clean baby bottles1 a bottle brush1 dish soap1 and enough bottled water and baby formula for not less than #if ounces of formula milk4 7bb7 ,additional supplies ,additional baby formula and bottled water1 and access to a bottle warmer1 shall be provided on request of the parent1 legal guardian1 or nonparent family member4 7,,ii7 ,breastfeeding ,in the case of any noncitizen child who is breastfeeding at the time of arrival at the facility-- 7aa7 continued breastfeeding shall be supported2 and 7bb7 the breastfeeding mother of each such noncitizen child shall be provided with privacy1 blankets1 a quiet area for breastfeeding1 a nursing chair1 and adequate amounts of food and water consistent with the dietary needs of a breastfeeding mother4 7,d7 ,hygiene 7i7 ,clothes and shoes ,each noncitizen child shall be provided with a set of clean clothes1 and on request1 a pair of shoes in good condition and warm clothing4 7ii7 ,showers 7,i7 ,in general ,each noncitizen child shall be provided access to a hot shower with a barrier for privacy4 7,,ii7 ,access ,a noncitizen child shall be provided access to additional hot showers on request4 7,,iii7 ,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 located4 7iii7 ,menstruation supplies ,each female noncitizen child shall be offered immediately a supply of tampons and pads at no cost4 7iv7 ,diapering 7,i7 ,in general ,the parent1 legal guardian1 or other family member of each noncitizen child using diapers shall be provided immediately with #c size-appropriate diapers and a packet of diaper wipes4 7,,ii7 ,additional diapers ,additional diapers and diaper wipes shall be provided on request at no cost4 7,,iii7 ,diaper changing area ,the parent1 legal guardian1 or other family member of each such noncitizen child shall be provided-- 7aa7 access to a safe and sanitary area in which to change the child's diaper2 7bb7 a clean diaper changing pad2 and 7cc7 a handwashing station4 7v7 ,bathrooms ,each noncitizen child shall be provided access to bathrooms4 7,e7 ,sleep 7i7 ,mats1 blankets1 and pillows 7,i7 ,in general ,on arrival1 each noncitizen child shall be provided with a clean mat that is not less than #c inches thick1 a clean cloth blanket1 and a clean pillow4 7,,ii7 ,additional blankets ,a noncitizen child shall be provided with additional blankets on request by the child or the parent1 legal guardian1 or other family member of the child4 7ii7 ,quiet location ,on request or if there are signs of a noncitizen child feeling tired1 the child shall be provided with access to a quiet location in which to sleep that has dimmed lights4 7iii7 ,schedule ,between the hours of #i3jj p4m4 and #f3jj a4m4-- 7,i7 noncitizen children shall have access to lighting that is safe and conducive to sleep2 and 7,,ii7 noise shall be at a level conducive to sleep4 7,f7 ,recreation 7i7 ,in general ,noncitizen children shall have access to age-appropriate recreational activities1 including indoor and outdoor spaces for physical activity1 toys1 art supplies1 sports equipment1 and books4 7ii7 ,outdoor play ,noncitizen children shall be allowed to play outside for not less than #cj minutes every #c hours during daylight hours4 7,g7 ,religious practice ,noncitizen children shall be permitted to practice their religion or to not practice a religion1 as applicable4 7#e7 ,notice of rights 7,a7 ,in general ,the ,ombudsperson shall develop a notice of children's rights1 which shall be posted in each ,u4,s4 ,customs and ,border ,protection facility that houses children in any location in which noncitizen children are located4 7,b7 ,description of rights ,the notice required by subparagraph 7,a7 shall include-- 7i7 a description of-- 7,i7 all rights afforded to a noncitizen child under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 and this subtitle2 7,,ii7 the right to a bond redetermination hearing2 and 7,,iii7 any other existing mechanism by which children may seek to enforce their rights1 including placement review panels2 and 7ii7 a list of pro bono legal services providers and contact information for such providers4 7,c7 ,format and languages 7i7 ,in general ,such notice shall be-- 7,i7 written in a manner that is child friendly and age-appropriate2 and 7,,ii7 made available and posted in multiple languages1 including the top #bj preferred languages4 7ii7 ,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 children4 7,d7 ,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 ,u4,s4 ,customs and ,border ,protection facility4 7e7 ,separation from unfamiliar adults 7#a7 ,in general ,except as provided in paragraph 7#b71 an unaccompanied noncitizen child in the custody of the ,commissioner shall be physically separated from any adult who is not related to the child4 7#b7 ,immediate separation not feasible ,in any circumstance in which such separation is not immediately feasible1 such as during transport to a ,u4,s4 ,customs and ,border ,protection facility1 an unaccompanied noncitizen child shall not be left alone with such an adult or detained with such an adult for more than #f hours4 7f7 ,staff training 7#a7 ,in general ,the ,commissioner shall ensure that-- 7,a7 the staff of each ,u4,s4 ,customs and ,border ,protection facility in which #a or more noncitizen children are housed receives training on responding to the needs of children and families exposed to trauma1 including training on-- 7i7 the principles and practices of trauma-informed care and psychological first aid2 7ii7 vicarious traumatization and secondary stress2 and 7iii7 recognizing the signs of a child in medical distress2 and 7,b7 every effort is made to ensure that the safety and well-being of noncitizen children in ,u4,s4 ,customs and ,border ,protection custody are satisfactorily provided for by facility staff4 7#b7 ,rulemaking 7,a7 ,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 dignity1 prevent abuse1 and ensure constitutionally guaranteed and humane conditions of confinement4 7,b7 ,elements ,the regulations required by subparagraph 7,a7 shall do the following3 7i7 ,prohibit ,u4,s4 ,customs and ,border ,protection officials from-- 7,i7 discussing immigration outcomes with detained individuals2 and 7,,ii7 using derogatory language towards individuals in their custody4 7ii7 ,address matters of child development1 mental health and trauma1 children with special needs1 cultural competency1 and any other matter the ,commissioner considers appropriate4 7iii7 ,require foreign language competency and interview protocols in cases in which interpretation is required4 7iv7 ,require continuing education in any subject necessary to ensure compliance with this subtitle or the amendments made by this subtitle4 7g7 ,monitoring and oversight 7#a7 ,in general ,compliance of ,u4,s4 ,customs and ,border ,protection facilities with this subtitle and section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 shall be monitored by the ,ombudsperson1 in accordance with section #dga4 7#b7 ,posting of ,ombudsperson's contact information 7,a7 ,in general ,the ,commissioner shall post1 in each ,u4,s4 ,customs and ,border ,protection facility in which #a or more noncitizen children are housed1 the contact information for the ,ombudsperson in multiple languages1 including the top #bj preferred languages4 7,b7 ,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 children4 7h7 ,age assessments 7#a7 ,in general ,any individual who claims to be under the age of #ah years shall be presumed to be so and shall be treated according to the law and standards applicable to noncitizen children in immigration custody1 unless following an age assessment1 it is established by clear and convincing evidence that the individual is #ah years of age or older4 7#b7 ,requirements 7,a7 ,in general ,an age assessment may only be conducted if the ,secretary or ,secretary of ,homeland ,security has recent1 credible1 and documented evidence that the individual concerned is #ah years of age or older4 7,b7 ,considerations ,if an age assessment is conducted1 the ,secretary and the ,secretary of ,homeland ,security shall take into consideration1 to the extent such information is readily available-- 7i7 written or photographic evidence2 7ii7 statements and representations of the individual concerned and of the family and community members who know such individual2 and 7iii7 the relevant cultural and ethnic context4 7,c7 ,prohibited methods ,the ,secretary or the ,secretary of ,homeland ,security may not-- 7i7 conduct any medical age assessment that consists of imaging studies1 such as bone or dental radiography1 dental examinations1 or height1 weight1 skin1 or sexual maturity ratings2 or 7ii7 rely on the physical appearance of a child to justify an age assessment4 7,d7 ,legal counsel 7i7 ,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 counsel4 7ii7 ,evidence ,legal counsel provided under clause 7i7 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 determination4 #daf4 ,modification of term asylum officer to exclude officers of ,u4,s4 ,customs and ,border ,protection ,section #bce7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,e77 is amended-- 7#a7 in clause 7i71 by striking 1 and and inserting a semicolon2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iii7 is employed by the ,refugee1 ,asylum1 and ,international ,operations ,directorate of ,u4,s4 ,citizenship and ,immigration ,services4 4 ,,ii ,standards for ,department of ,health and ,human ,services custody of unaccompanied noncitizen children ,a ,standards for foster care homes and childcare facilities #dbj4 ,operation of foster care homes and childcare facilities 7a7 ,in general ,an entity contracted by the ,director to operate a childcare facility shall be licensed by an appropriate ,state agency to provide residential1 group1 or foster care services for dependent children4 7b7 ,operation as nonsecure facilities ,each foster care home operated by a ,state-licensed program contracted by the ,director to provide care for #a or more unaccompanied noncitizen children1 and each childcare facility1 including any facility for special needs noncitizen children1 shall be maintained as a nonsecure facility1 in accordance with applicable ,state law4 #dba4 ,notice of rights 7a7 ,in general ,the ,ombudsperson shall develop a notice of children's rights in childcare facilities1 which shall be-- 7#a7 posted in each childcare facility in all locations in which unaccompanied noncitizen children are located2 and 7#b7 distributed to each unaccompanied noncitizen child on arrival at a childcare facility4 7b7 ,description of rights ,the notice required by subsection 7a7 shall include-- 7#a7 a description of-- 7,a7 all rights afforded to an unaccompanied noncitizen child under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 and this subtitle2 7,b7 the right to a bond redetermination hearing2 and 7,c7 any other existing mechanism by which children may seek to enforce their rights1 including placement review panels2 and 7#b7 a list of pro bono legal services providers and contact information for such providers4 7c7 ,format and languages 7#a7 ,in general ,such notice shall be-- 7,a7 written in a manner that is child friendly and age-appropriate2 and 7,b7 made available and posted in multiple languages1 including the top #bj preferred languages4 7#b7 ,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 children4 7d7 ,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-- 7#a7 information about the ,office of the ,ombudsperson2 and 7#b7 the contact information for the ,office of the ,ombudsperson4 #dbb4 ,staffing and training 7a7 ,federal field specialists ,the ,director shall-- 7#a7 maintain for each childcare facility a reasonable ,federal field specialist-to-unaccompanied noncitizen child ratio2 7#b7 hire additional ,federal field specialists as necessary to ensure that1 for the majority of unaccompanied noncitizen children in the custody of the ,secretary1 a decision regarding their release can be made by ,federal field specialists not later than #dh hours after the approval of a release recommendation to a sponsor2 and 7#c7 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 family4 7b7 ,case management specialists ,the ,director shall ensure that each ,state-licensed program that operates a childcare facility-- 7#a7 maintains a ratio of #h unaccompanied noncitizen children to each case management specialist2 7#b7 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 #dcd7;c72 and 7#c7 develops accountability measures with respect to the adherence of case management specialists to such timelines4 7c7 ,contingency fund ,to address emergent needs 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 #df1ejj1jjj1 to remain available until expended1 for a contingency fund 7referred to in this section as the ,fund7 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 capacity4 7#b7 ,use of fund 7,a7 ,discretionary use ,the ,director may draw upon the ,fund to reduce the ratio to #f unaccompanied noncitizen children for each case management specialist if-- 7i7 the national utilization rate 7excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement1 expressed as a percentage7 reaches or exceeds #fe percent in any week2 or 7ii7 the ,director certifies to ,congress that the rate of increase in childcare facility usage1 as calculated by the ,director for purposes of section #dgb7;b77#c77;,f77i77,,vi71 has led the ,director to believe that such national utilization rate will reach #ij percent in any week during the subsequent #aj-week period4 7,b7 ,mandatory use ,the ,director shall draw upon the ,fund to reduce the ratio to #f unaccompanied noncitizen children for each case management specialist if such national utilization rate reaches or exceeds #ij percent in any week4 7d7 ,training 7#a7 ,in general ,with respect to the personnel of a ,state-licensed program that operates a childcare facility1 the ,director shall provide regular in-person training1 and a coaching plan with support for #cj days1 for such personnel who interact with unaccompanied noncitizen children1 including youth care workers1 that is-- 7,a7 specific to the age and gender of the unaccompanied noncitizen children at the specific childcare facility2 and 7,b7 consistent across the ,office of ,refugee ,resettlement's network of ,state-licensed programs4 7#b7 ,topics ,the training required by paragraph 7#a7 shall address the following topics3 7,a7 ,ethical standards of conduct based on accepted child welfare principles with respect to the care of unaccompanied noncitizen children4 7,b7 ,mental health and trauma4 7,c7 ,child development4 7,d7 ,prevention of sexual abuse and harassment4 7,e7 ,cultural humility4 7,f7 ,racial sensitivity4 7,g7 ,de-escalation techniques to avert unnecessary involvement of local law enforcement prior to exhaustion of alternative1 trauma-informed care1 treatment1 and restorative responses4 7,h7 ,disabilities4 7#c7 ,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 children4 7#d7 ,development of training materials ,the ,director1 in collaboration with stakeholders who have expertise in child migration1 child mental health1 and child development1 shall-- 7,a7 develop written1 audio1 or visual materials with which training under this subsection may be conducted2 and 7,b7 before distribution to personnel of such ,state-licensed programs1 provide the ,ombudsperson with such materials4 7#e7 ,department of ,health and ,human ,services staff ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall provide appropriate guidance and training for all ,department of ,health and ,human ,services employees with respect to the requirements of this subtitle4 ,b ,services for unaccompanied noncitizen children #dbc4 ,required services 7a7 ,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 care3 7#a7 ,on admission to the childcare facility1 a comprehensive orientation regarding-- 7,a7 the rights of the unaccompanied noncitizen child2 7,b7 the role of the ,state-licensed program2 7,c7 the services1 rules1 procedures1 and expectations of the ,state-licensed program2 and 7,d7 the availability of legal assistance4 7#b7 ,proper physical care and maintenance1 including suitable living accommodations1 food1 appropriate clothing1 and personal hygiene items4 7#c7 ,not later than #b business days after admission to the childcare facility1 a comprehensive medical examination that includes screening for infectious disease4 7#d7 ,appropriate1 ongoing1 and routine medical and dental care1 as prescribed by a licensed physician1 advanced practice provider1 nurse1 or physician assistant1 including-- 7,a7 reproductive health and family planning services2 7,b7 emergency health care services2 7,c7 immunizations in accordance with the ,centers for ,disease ,control and ,prevention guidelines2 7,d7 administration of prescribed medication and special diets2 and 7,e7 mental health screening and intervention1 including referrals4 7#e7 ,an individualized needs assessment1 which shall include the following3 7,a7 ,collection of essential data relating to the identification and history of the unaccompanied noncitizen child and family4 7,b7 ,identification of any special needs of the unaccompanied noncitizen child1 including any need that requires immediate intervention4 7,c7 ,an educational assessment and plan4 7,d7 ,an assessment of family relationships4 7,e7 ,a statement of religious preference and practice4 7,f7 ,an assessment of the personal goals1 strengths1 and weaknesses of the unaccompanied noncitizen child4 7,g7 ,collection of identifying information regarding immediate family members1 other relatives1 godparents1 or friends who may be residing in the ,united ,states and who may be able to assist in family reunification4 7#f7 ,a comprehensive individual plan for the care of the unaccompanied noncitizen child1 which shall be-- 7,a7 developed in accordance with the child's needs1 as determined by the individualized needs assessment under paragraph 7#e72 and 7,b7 implemented and closely coordinated through an operative case management system4 7#g7 ,education services1 as described in section #dbe4 7#h7 ,recreational activities1 as described in section #dbf4 7#i7 ,counseling services1 including-- 7,a7 not fewer than #b weekly individual counseling sessions conducted by licensed mental health professionals1 including social workers1 psychologists1 and psychiatric staff2 and 7,b7 not fewer than #a weekly group counseling session conducted by licensed mental health professionals1 including social workers1 psychologists1 or psychiatric staff4 7#aj7 ,acculturation and adaptation services1 including the provision of information regarding the development of social and interpersonal skills4 7#aa7 ,religious and spiritual services of the unaccompanied noncitizen child's choice1 if any4 7#ab7 ,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 ,secretary4 7#ac7 ,visitation and contact with family members1 regardless of the immigration status of the family members4 ,an unaccompanied noncitizen child and family members of such a child shall be provided with a private1 confidential space to meet in during such visitation4 ,the ,secretary of ,homeland ,security may not pursue enforcement actions against such family members during or immediately before or after such visitation4 7#ad7 ,telephone and video access for contacting parents1 family members1 and caregivers1 in a private space that ensures confidentiality1 at no cost to the unaccompanied noncitizen child1 family member1 or caregiver4 ,an unaccompanied noncitizen child shall be permitted such access not fewer than #d times weekly for a period of not less than #cj minutes each time4 7#ae7 ,a reasonable right to privacy1 including the right of the unaccompanied noncitizen child-- 7,a7 to wear the child's own clothes1 as available2 7,b7 to retain a private space in the childcare facility for the storage of personal belongings2 7,c7 to talk privately on the telephone1 as permitted by the rules and regulations of the ,state-licensed program2 7,d7 to visit privately with guests1 as permitted by such rules and regulations2 and 7,e7 to receive and send uncensored correspondence4 7#af7 ,legal services information regarding the availability of free legal assistance1 the right to be represented by counsel1 screenings and legal orientation presentations1 and facilitated1 confidential access to counsel1 as described in part ,,iv4 7b7 ,considerations for provision of services ,a ,state-licensed program that operates a childcare facility shall provide the services described in subsection 7a7 in a manner that is sensitive to the age1 culture1 native language1 and complex needs of each unaccompanied noncitizen child4 7c7 ,rules and discipline standards 7#a7 ,in general ,the rules and discipline standards of such a ,state-licensed program shall be-- 7,a7 formulated with consideration given to the age ranges1 developmental stages1 and degree of trauma experienced by the unaccompanied noncitizen children in the applicable childcare facility2 and 7,b7 culturally sensitive to the needs of such children4 7#b7 ,prohibited measures ,such a ,state-licensed program may not subject any unaccompanied noncitizen child to-- 7,a7 corporal punishment1 physical or chemical restraint1 seclusion1 humiliation1 verbal or mental abuse1 or punitive interference with the daily functions of living1 such as eating1 sleeping1 or bathroom access2 or 7,b7 any disciplinary measure that-- 7i7 adversely affects the health or physical or psychological well-being of the unaccompanied noncitizen child2 or 7ii7 denies an unaccompanied noncitizen child regular meals1 water1 sleep1 exercise1 medical care1 correspondence privileges1 legal assistance1 education1 recreation1 bathroom access1 or any other service described in subsection 7a74 7d7 ,recordkeeping 7#a7 ,individual case records ,the operator of each childcare facility and influx facility shall develop1 maintain1 and safeguard individual client case records on each unaccompanied noncitizen child in care at the facility4 7#b7 ,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 #did4 7#c7 ,reporting ,the operator of each childcare facility and influx facility shall maintain adequate records and make regular reports1 as required by the ,ombudsperson1 that permit the ,ombudsperson to monitor and enforce this subtitle1 the amendments made by this subtitle1 and any other requirement or standard determined by the ,ombudsperson to be in the best interests of unaccompanied noncitizen children4 #dbd4 ,evaluation for disability 7a7 ,in general ,the ,director shall provide unaccompanied noncitizen children who present an indication of a disability with an evaluation for services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and provide unaccompanied noncitizen children with disabilities with services 7including accommodations7 through an individualized plan that includes a plan for prompt release4 7b7 ,records ,any record of a screening or an evaluation conducted under this section1 and any record related to a decision with respect to the release of an unaccompanied noncitizen child with a disability1 shall be maintained separately from the unaccompanied noncitizen child's immigration file 7commonly known as an ,a-,file74 #dbe4 ,education 7a7 ,curriculum 7#a7 ,state standards ,a ,state-licensed program shall provide educational instruction to unaccompanied noncitizen children using a curriculum that-- 7,a7 includes access to physical education1 art1 and other electives2 and 7,b7 is consistent with the licensing and academic standards of the ,state in which the ,state-licensed program is located4 7#b7 ,basic academic areas ,the basic academic areas covered by such curriculum shall include science1 social studies1 math1 reading1 and writing4 7b7 ,licensing and certification requirements 7#a7 ,in general ,teachers1 administrators1 counselors1 and support staff providing education to unaccompanied noncitizen children at a childcare facility shall-- 7,a7 meet local and ,state certification or licensure requirements2 and 7,b7 in the case of an unaccompanied noncitizen child in custody for a period longer than #fj days or who was previously attending school in the ,united ,states1 ensure that the child receives transferable credit4 7c7 ,instruction 7#a7 ,in general ,educational instruction at a childcare facility shall be-- 7,a7 appropriate to the level of development and communication skills of an unaccompanied noncitizen child2 and 7,b7 provided in a structured classroom setting on a weekly basis ,monday through ,friday4 7#b7 ,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 ratio4 7d7 ,language access and educational environment ,the educational program at a childcare facility shall-- 7#a7 include instruction and reading materials1 educational and otherwise1 in the primary languages of the unaccompanied noncitizen children at the childcare facility2 and 7#b7 be provided in an emotionally1 culturally1 and physically safe environment4 7e7 ,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 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja77 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 7#bj ,u4,s4,c4 #adja et seq474 7f7 ,other educational opportunities ,the educational program of such a ,state-licensed program shall include educational opportunities addressing personal1 social1 emotional1 intellectual1 and employment skills4 #dbf4 ,recreation 7a7 ,in general ,a ,state-licensed program that operates a childcare facility shall provide recreational opportunities that meet or exceed-- 7#a7 the guidelines of the ,department of ,health and ,human ,services entitled #bjah ,physical ,activity ,guidelines for ,americans2 and 7#b7 the guidelines of the ,president's ,council on ,sports1 ,fitness1 and ,nutrition4 7b7 ,activities 7#a7 ,in general ,activities for recreation and leisure time1 which shall include daily outdoor activity1 weather permitting1 shall include-- 7,a7 not less than #a hour daily of large-muscle activity2 and 7,b7 not less than #a hour daily of structured leisure time activities1 which shall not include time spent watching television or video4 7#b7 ,days on which school is not in session ,the periods scheduled for activities described in paragraph 7#a7 shall be increased to a total of #c hours daily on any day on which school is not in session4 7#c7 ,recreation areas ,not less frequently than weekly1 a ,state-licensed program that does not have an adequate on-site recreation area shall take children to off-site parks1 community recreation centers1 or other suitable locations4 7#d7 ,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 time4 ,c ,placement of children #dbg4 ,phasing out large congregate care facilities 7a7 ,definition of large congregate care facility ,in this section1 the term large congregate care facility means a facility intended to house more than #be individuals at a time4 7b7 ,phaseout 7#a7 ,in general ,beginning on the date that is #b years after the date of the enactment of this ,act-- 7,a7 the ,director may not place an unaccompanied noncitizen child in a large congregate care facility2 and 7,b7 no ,federal funds shall be made available for the purpose of-- 7i7 housing an unaccompanied noncitizen child in such a facility2 or 7ii7 placing an unaccompanied noncitizen child in any congregate care facility for a period longer than #ad days4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any of the following3 7,a7 ,an influx facility4 7,b7 ,a setting specializing in prenatal1 postpartum1 or parenting support for youth4 7,c7 ,a supervised independent living setting under the post-#ah program described in section #dci7;c74 7,d7 ,a program addressing the needs of victims of trafficking4 7,e7 ,a qualified residential treatment program specifically designed to meet the needs of a child with serious emotional or behavioral health needs4 7c7 ,plan required 7#a7 ,in general ,the ,director shall develop a plan to eliminate the use of large congregate care facilities by the date that is #b years after the date of the enactment of this ,act4 7#b7 ,elements ,the plan required by paragraph 7#a7 shall include the following3 7,a7 ,specific measures the ,director will take to eliminate the use of such facilities4 7,b7 ,performance benchmarks that require the ,director to place unaccompanied noncitizen children in compliant congregate care facilities as follows3 7i7 #be percent of such children not later than the date that is #a year after the date of the enactment of this ,act4 7ii7 #ge percent of such children not later than #ede days after such date of enactment4 7iii7 #ajj percent of such children not later than #b years after such date of enactment4 7#c7 ,submittal to ,congress ,not later than #ij days after the date of the enactment of this ,act1 the ,director shall submit to ,congress the plan developed under paragraph 7#a74 7d7 ,transitional support for nongovernmental organizations ,to the extent that the transition to childcare facilities housing #be unaccompanied noncitizen children or fewer affects nongovernmental organizations that provide services to such children1 the ,director shall increase funding to such organizations-- 7#a7 to prevent a disruption or decrease in services2 7#b7 to establish centralized locations for unaccompanied noncitizen children to receive services from such organizations2 and 7#c7 to increase funding for representation of released children4 #dbh4 ,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 needs1 if any1 may be met consistent with the best interests and special needs of the child4 #dbi4 ,foster family care 7a7 ,preference for foster family care 7#a7 ,in general ,with respect to an unaccompanied noncitizen child in the custody of the ,secretary1 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 needs1 if any1 may be met4 7#b7 ,additional consideration ,such an unaccompanied noncitizen child shall be placed within reasonable proximity to the location of the child's immigration proceedings1 taking into account any special needs of the child before placing the child in a childcare facility4 7b7 ,transitional foster care 7#a7 ,in general ,an unaccompanied noncitizen child whose length of care in the custody of the ,secretary is anticipated to be not more than #cj days shall be eligible for a transitional foster care placement in a family home licensed to provide such shorter term care4 7#b7 ,priority ,the ,director shall prioritize for placement in transitional foster care the following categories of unaccompanied noncitizen children3 7,a7 ,unaccompanied noncitizen children under #ac years of age4 7,b7 ,sibling groups with #a or more siblings who are under #ac years of age4 7,c7 ,unaccompanied noncitizen children who are pregnant or parenting4 7,d7 ,unaccompanied noncitizen children with special needs1 including any unaccompanied noncitizen child with a disability4 7c7 ,stays expected ,to extend more than #cj days 7#a7 ,in general ,an unaccompanied noncitizen child whose length of care in the custody of the ,secretary is anticipated to be more than #cj days1 or a noncitizen who entered the custody of the ,secretary as a child and who has reached the age of #ah years1 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 met4 7#b7 ,contracting requirements ,the ,director shall-- 7,a7 seek to enter into #a or more contracts with ,state-licensed foster care providers for the provision of long-term foster care placements for all eligible unaccompanied noncitizen children2 and 7,b7 ensure that such providers accept unaccompanied noncitizen children for placement in a timely manner4 7d7 ,access to foster care for children with disabilities or mental or behavioral health-,related needs 7#a7 ,in general ,the ,director shall-- 7,a7 ensure access to transitional and long-term foster care placements for unaccompanied noncitizen children notwithstanding-- 7i7 disabilities2 7ii7 behavioral concerns or involvement in the juvenile justice system2 7iii7 prior incident reports2 or 7iv7 prior or current restrictive placements 7as defined in section #dcb72 and 7,b7 seek to enter into #a 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 needs4 7#b7 ,equal access 7,a7 ,in general ,an unaccompanied noncitizen child with mental or behavioral health-related needs who does not pose a documented1 imminent threat to himself or herself1 to others1 or to the community shall be eligible for1 and shall be provided equal access to1 a foster care placement4 7,b7 ,eligibility for transfer ,if such a child is in a restrictive placement1 he or she shall be eligible for direct transfer to a foster care placement4 7#c7 ,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-- 7,a7 ,state licensing requirements bar acceptance of the specific unaccompanied noncitizen child based on the child's individual needs2 and 7,b7 a request for a variance from such a requirement has been denied or is unavailable under ,state law4 7e7 ,background checks 7#a7 ,in general ,the ,director shall ensure that a ,federal ,bureau of ,investigation background check and1 in any applicable ,state1 a child abuse or neglect registry check1 has been conducted for each resident of a foster care placement for an unaccompanied noncitizen child4 7#b7 ,limitation on denial of placement ,the ,director shall deny the foster care placement for an unaccompanied alien child if the criminal history of a resident of a potential foster care placement includes a conviction-- 7,a7 for child abuse or trafficking2 or 7,b7 that has a direct and immediate impact on the safety of the unaccompanied alien child4 #dcj4 ,additional requirements relating to children with disabilities and children with mental health needs 7a7 ,prioritization of release ,the ,director shall prioritize the release to sponsors of unaccompanied noncitizen children with disabilities so that such children may receive1 in the community rather than in immigration custody1 evidence-based1 trauma-informed services tailored to their needs4 7b7 ,access to services while in custody ,in the case of an unaccompanied noncitizen child with disabilities who cannot be expeditiously released1 the ,director shall provide access to any necessary service in the least restrictive integrated setting possible until a family-based placement is secured4 7c7 ,support ,the ,director shall support unaccompanied noncitizen children with disabilities by-- 7#a7 contracting with a range of placements so as to ensure that integrated settings are available for such children2 7#b7 providing resources to support placement1 such as by connecting providers with community-based services or assisting with licensing variances2 and 7#c7 developing and delivering trauma-informed disability-related training to all frontline care provider staff1 in collaboration with stakeholders who have expertise in serving children with disabilities4 7d7 ,network capacity ,not less than #ge percent of all childcare facilities and foster care placements shall have appropriate ,state licensing and documented capability to house unaccompanied noncitizen children with disabilities4 #dca4 ,minimizing transfers 7a7 ,in general ,the ,director shall-- 7#a7 minimize transfer of unaccompanied noncitizen children among childcare facilities and between short-term and long-term foster care placements2 and 7#b7 ensure that-- 7,a7 the ,ombudsperson tracks any third or subsequent transfer of a child between childcare facilities or placements2 7,b7 unaccompanied noncitizen children remain in the least restrictive settings that most approximate a family2 and 7,c7 unaccompanied noncitizen children who are siblings are housed together in the same childcare facility unless there is an extraordinary need for specialized care1 such as inpatient health care services4 7b7 ,notice 7#a7 ,in general ,in the case of an unaccompanied noncitizen child who is transferred to another childcare facility or foster family home placement1 not less than #dh hours before the transfer occurs1 the ,director shall-- 7,a7 notify the child in a language and format the child understands2 and 7,b7 notify and provide a justification for the transfer to the child's sponsor1 legal counsel or local legal services provider1 and child advocate1 as applicable4 7#b7 ,exception 7,a7 ,in general ,paragraph 7#a7 shall not apply in an unusual and compelling circumstance1 such as-- 7i7 a circumstance in which-- 7,i7 the safety of the unaccompanied noncitizen child or any other individual is threatened2 or 7,,ii7 the child has previously attempted to abscond from custody2 or 7ii7 a case in which the unaccompanied noncitizen child's legal counsel has waived notice under that paragraph4 7,b7 ,notice after transfer ,in the case of a circumstance or waiver described in subparagraph 7,a71 notice shall be provided to the unaccompanied noncitizen child's legal counsel or local legal services provider1 and child advocate1 as applicable1 not later than #bd hours after the transfer4 7c7 ,possessions and legal papers ,the ,director shall ensure that any unaccompanied noncitizen child is transferred with all of his or her possessions and legal papers4 #dcb4 ,restrictive placements 7a7 ,definitions ,in this section3 7#a7 ,restrictive placement ,the term restrictive placement means-- 7,a7 a staff-secure facility2 7,b7 a therapeutic staff-secure facility2 and 7,c7 a placement in any setting other than a childcare facility1 an influx facility1 or licensed foster care placement4 7#b7 ,therapeutic childcare facility ,the term therapeutic childcare facility means a-- 7,a7 congregate care facility for the purpose of rehabilitation or residential treatment2 and 7,b7 an out-of-network facility or group home the staff of which has specialized training to care for children and adolescents with significant emotional1 behavioral1 social1 or medical needs4 7b7 ,placement review hearings for transfers to restrictive placements 7#a7 ,in general ,in the case of transfer of an unaccompanied noncitizen child to a restrictive placement1 the ,director shall provide an administrative placement review hearing conducted in accordance with sections #eed through #eeg of title #e1 ,united ,states ,code4 7#b7 ,notice 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 advocate4 7,b7 ,exception ,the ,director may transfer an unaccompanied noncitizen child to a restrictive placement without providing notice under subparagraph 7,a7 only if the ,director has a reasonable belief1 based on clearly articulable facts1 that the child is a present1 imminent danger to himself or herself or to others4 7,c7 ,elements ,a notice required by subparagraph 7,a7 shall include1 in a language and format the unaccompanied noncitizen child understands1 the following3 7i7 ,the time1 date1 and location of the hearing under paragraph 7#a74 7ii7 ,a description of the individualized allegations relied on by the ,director in support of such transfer1 including all supporting evidence4 7iii7 ,an explanation that the unaccompanied noncitizen child-- 7,i7 has a right to contest such transfer at such hearing2 and 7,,ii7 may submit additional evidence1 including witness testimony4 7#c7 ,timing of hearing ,a hearing under this subsection shall occur not less than-- 7,a7 #gb hours after the unaccompanied noncitizen child concerned receives notice under paragraph 7#b72 and 7,b7 #e business days before the transfer to the restrictive placement is scheduled to occur4 7#d7 ,procedural matters 7,a7 ,neutral fact finder ,a hearing under this subsection shall be presided over by a neutral fact finder who-- 7i7 is not an employee of the ,office of ,refugee ,resettlement2 and 7ii7 has expertise in child welfare4 7,b7 ,rights of child 7i7 ,in general ,at a hearing under this subsection1 an unaccompanied noncitizen child shall have-- 7,i7 the right to counsel2 and 7,,ii7 the right and opportunity to confront1 inspect1 and rebut the evidence alleged to justify the transfer to a restrictive placement4 7ii7 ,waiver of presence ,with the assistance of counsel1 an unaccompanied noncitizen child may waive his or her presence at a hearing under this subsection4 7,c7 ,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 child1 as applicable1 the child's entire case file and all evidence supporting the determination to transfer the child to a restrictive placement-- 7i7 not later than #bd hours after such determination is made2 and 7ii7 not less than #b days before the date of the hearing under this subsection4 7,d7 ,interpretation services ,an interpreter in the preferred language of the unaccompanied noncitizen child shall be made available for a hearing under this subsection4 7,e7 ,burdens of production and proof ,the ,director shall have the burden of production and the burden of proof1 by clear and convincing evidence1 to establish that-- 7i7 the unaccompanied noncitizen child is a present danger to himself or herself or to others2 7ii7 a restrictive placement is consistent with the best interests of the child2 7iii7 there is no viable alternative to a restrictive placement to ensure the best interests of the child2 and 7iv7 the child's placement in a facility that is not a restrictive placement would not provide the services or resources necessary4 7,f7 ,record of proceedings ,the record of proceedings for a hearing under this subsection1 and all related documentation-- 7i7 shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file 7commonly called the ,a-,file72 and 7ii7 shall not form any part of1 and shall not be relied upon1 in any removal proceedings or any adjudication carried out by ,u4,s4 ,citizenship and ,immigration ,services1 including with respect to final decisions and discretionary factors4 7#e7 ,written decision 7,a7 ,in general ,not later than #b business days before the date on which the unaccompanied noncitizen child concerned is scheduled to be transferred to a restrictive placement1 the fact finder shall issue a written decision approving or denying such transfer1 which shall be binding on the ,office of ,refugee ,resettlement4 7,b7 ,consideration of best interest recommendation ,in making a decision on such a transfer1 the fact finder shall consider1 and respond in writing to1 the recommendation of the child advocate of the unaccompanied noncitizen child concerned4 7,c7 ,elements ,a written decision under this paragraph shall-- 7i7 set forth a detailed1 specific1 and individualized justification for the decision2 and 7ii7 notify the unaccompanied noncitizen child of the child's-- 7,i7 right to placement review hearings under subsection 7e72 7,,ii7 right to seek review of the decision by the ,ombudsperson under paragraph 7#f72 and 7,,iii7 right to seek judicial review of the decision4 7,d7 ,language access ,the decision shall be made available in a language and in a format the unaccompanied noncitizen child understands4 7,e7 ,submission to ,ombudsperson ,not later than #gb hours after a decision in a placement review hearing is issued under this paragraph1 the fact finder shall submit the decision to the ,ombudsperson4 7#f7 ,review by ,ombudsperson 7,a7 ,in general ,on request by an unaccompanied noncitizen child or the legal counsel or child advocate of the child1 the ,ombudsperson shall carry out a review of a decision under paragraph 7#e71 which shall be completed not later than #ae days after the date on which the request for review is made4 7,b7 ,recommendation 7i7 ,in general ,in carrying out a review under this paragraph1 the ,ombudsperson may make a recommendation with respect to whether such decision should be modified4 7ii7 ,finding of erroneous decision 7,i7 ,in general ,if the ,ombudsperson determines that the decision under paragraph 7#e7 was erroneous1 the ,ombudsperson shall submit to the ,director a recommendation for further action4 7,,ii7 ,written statement 7aa7 ,in general ,if the ,director declines to follow the recommendation of the ,ombudsperson1 the ,director shall provide a detailed written justification to the child1 the prospective sponsor1 the legal counsel and the child advocate of the child1 and the legal counsel of the prospective sponsor1 as applicable4 7bb7 ,nondelegation ,the ,director may not delegate the requirement to issue such a written statement to any other individual4 7c7 ,limitations on placement in secure facilities and staff-,secure facilities 7#a7 ,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 care4 7#b7 ,secure facilities ,the ,director may never hold or place an unaccompanied noncitizen child in a secure facility4 7#c7 ,staff-secure facilities 7,a7 ,in general ,the ,director may only hold or place an unaccompanied noncitizen child in a staff-secure facility if-- 7i7 there is clear and convincing evidence that the child poses a serious and imminent danger to others at the time of placement2 7ii7 upon holistic review of the child's file1 there is clear and convincing evidence that the assessed danger does not stem from the child's trauma or mental health conditions2 and 7iii7 even with additional accommodations and de-escalation measures1 the child cannot be adequately cared for in a less restrictive setting or rehabilitative care4 7,b7 ,duration ,the ,director may only hold an unaccompanied noncitizen child in a staff-secure facility under subparagraph 7,a7 during the period in which the ,director can demonstrate that the conditions described in that subparagraph exist4 7,c7 ,transfer ,the ,director shall consider transfer of the child to a less restrictive placement as soon as these requirements are no longer met1 even if the child has been in the placement for less than #cj days4 7#d7 ,prohibition on placement in ,u4,s4 ,immigration and ,customs ,enforcement facilities ,the ,director may not place any noncitizen child in-- 7,a7 a ,u4,s4 ,immigration and ,customs ,enforcement facility2 or 7,b7 a facility operated by contract with ,u4,s4 ,immigration and ,customs ,enforcement4 7d7 ,placement in therapeutic childcare facilities 7#a7 ,limitation ,the ,director may place an unaccompanied noncitizen child in a therapeutic childcare secure facility only if-- 7,a7 the unaccompanied noncitizen child has received a detailed1 individualized evaluation by a licensed psychologist or psychiatrist who is experienced in the care of children2 and 7,b7 the mental health professional conducting the evaluation under subparagraph 7,a7 has determined that-- 7i7 the child poses a substantial risk of harm to himself or herself or to others2 7ii7 such placement is in the best interests of the child2 and 7iii7 even with additional accommodations or rehabilitative care1 at the time of placement1 the child cannot be adequately cared for in a less restrictive setting until the child receives services provided in such a placement4 7#b7 ,preference for community-based therapeutic foster care ,before placing an unaccompanied noncitizen child in a therapeutic childcare facility1 the ,director shall first seek to place the child in a family-based therapeutic foster care placement4 7#c7 ,applicability of other provisions ,the procedures relating to transfers1 notice1 and placement review hearings under this part apply equally to unaccompanied noncitizen children placed in residential treatment centers and other therapeutic childcare facilities4 7#d7 ,services to be provided 7,a7 ,evaluation 7i7 ,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 children4 7ii7 ,report ,the mental health professional conducting the evaluation under clause 7i7 for an unaccompanied noncitizen child shall-- 7,i7 issue a written report that sets forth-- 7aa7 the reasons for such placement2 7bb7 treatment goals2 and 7cc7 a plan specific to the child for transition to a less restrictive setting2 and 7,,ii7 make such report available to the unaccompanied noncitizen child and the child advocate of the child4 7,b7 ,access to counsel ,the operator of a residential treatment center or any other therapeutic childcare facility for unaccompanied noncitizen children shall provide access to-- 7i7 legal services2 and 7ii7 existing legal counsel and child advocates of such children1 as applicable4 7e7 ,monthly review hearing 7#a7 ,in general ,not less frequently than monthly1 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 appropriate4 7#b7 ,conduct of hearings ,a hearing under this subsection shall be conducted in accordance with the procedures and standards for placement review hearings under subsection 7b74 7#c7 ,report by mental health provider ,with respect to an unaccompanied noncitizen child who is in a therapeutic childcare facility not later than #e days before a hearing under this subsection1 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 concerned4 7#d7 ,written decision 7,a7 ,in general ,the fact finder shall issue a written decision continuing or terminating the restrictive placement of the unaccompanied noncitizen child concerned1 which shall be binding on the ,office of ,refugee ,resettlement4 7,b7 ,consideration of best interest recommendation ,in making a decision on such placement1 the fact finder shall consider-- 7i7 the best interest recommendation of the child advocate with respect to the unaccompanied noncitizen child concerned2 and 7ii7 the findings contained in the report submitted under paragraph 7#c74 7,c7 ,elements ,a written decision under this paragraph shall-- 7i7 set forth a detailed1 specific1 and individualized justification for the decision2 and 7ii7 notify the unaccompanied noncitizen child of-- 7,i7 the right to further placement review hearings under this subsection2 and 7,,ii7 the right to seek judicial review of the decision4 7,d7 ,language access ,the decision shall be made available in a language and in a format the unaccompanied noncitizen child understands4 7#e7 ,record of proceedings ,the record of proceedings for a hearing under this subsection1 and all related documentation-- 7,a7 shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file 7commonly called the ,a-,file72 and 7,b7 shall not form any part of1 and shall not be relied upon1 in any removal proceedings or any adjudication carried out by ,u4,s4 ,citizenship and ,immigration ,services1 including with respect to final decisions and discretionary factors4 7f7 ,placement of unaccompanied noncitizen children with disabilities in restrictive placements 7#a7 ,in general ,an unaccompanied noncitizen child who is receiving services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 shall not be placed in a facility that does not have access to such services4 7#b7 ,needs determination 7,a7 ,in general ,before placing such an unaccompanied noncitizen child in a restrictive setting1 the ,director shall make a determination as to whether the needs of the child can be met in a more integrated setting4 7,b7 ,elements ,a determination under subparagraph 7,a7 shall include-- 7i7 an identification of the relevant trauma-informed1 evidence-based services and accommodations that have been identified as potentially relevant2 7ii7 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 provided2 7iii7 if any such service or accommodation has been ineffective1 an assessment of the reason2 and 7iv7 an assessment of whether additional services or accommodations could be provided at the child's current placement4 7#c7 ,services available in a less restrictive placement 7,a7 ,in general ,if services are identified that have the potential to maintain such an unaccompanied noncitizen child in a less restrictive placement1 the ,director shall ensure that the child receives such services before the ,director considers a transfer to a restrictive placement4 7,b7 ,identification of services and accommodations 7i7 ,in general ,for each such unaccompanied noncitizen child1 at each placement review hearing under subsection 7e71 the ,director shall explicitly identify services and accommodations that could be made available in a less restrictive placement4 7ii7 ,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 that1 even with such accommodations1 the child cannot be safely placed in a less restrictive placement4 7#d7 ,independent review 7,a7 ,in general ,in the case of such an unaccompanied noncitizen child whom the ,director intends to transfer to a restrictive placement1 before the child's placement review hearing1 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 rationale1 including a consideration of accommodations that could avoid the need for restrictive placement4 7,b7 ,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 placement1 before the child's next placement review hearing1 the decision shall be reviewed by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children1 in accordance with a standardized process for evaluating the data and presented rationale1 including a consideration of accommodations that could avoid the need for restrictive placement4 7,c7 ,report ,not later than #de days after conducting a review under this paragraph1 the independent third-party mental health professional shall issue a written report describing the results of the review to the fact finder1 the child concerned1 the legal counsel and child advocate of such child1 and the ,director4 #dcc4 ,judicial review of placement 7a7 ,in general ,an unaccompanied noncitizen child1 or the parent1 legal guardian1 or nonparent family member of the child1 with the consent of the child1 may seek judicial review in a district court of the ,united ,states of-- 7#a7 a determination with respect to the type of childcare facility in which the child is placed2 or 7#b7 a sponsorship determination4 7b7 ,venue ,venue for judicial review under subsection 7a7 may be found in-- 7#a7 the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located2 or 7#b7 the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located4 7c7 ,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 parent1 legal guardian1 or prospective sponsor seeking such review4 7d7 ,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 novo4 7e7 ,bond redetermination ,an unaccompanied noncitizen child in removal proceedings shall be afforded a bond redetermination hearing before an immigration judge in every case1 unless the child indicates on the notice of custody determination form that he or she waives the right to such a hearing4 ,d ,family reunification and standards relating to sponsors #dcd4 ,family reunification efforts by ,office of ,refugee ,resettlement 7a7 ,in general ,during the period in which an unaccompanied noncitizen child is in the custody of the ,secretary1 the ,director shall-- 7#a7 provide individualized1 onsite case management and family reunification services2 7#b7 ensure that-- 7,a7 a case manager contacts the child not later than #dh hours after the child is transferred to the custody of the ,secretary2 and 7,b7 in the case of case manager reassignment1 the case manager reassigned to the child contacts the child not later than #bd hours after such reassignment2 7#c7 make and document prompt1 active1 and continuous efforts towards family reunification and release2 and 7#d7 work diligently-- 7,a7 to review family reunification applications from prospective sponsors2 and 7,b7 to assist prospective sponsors in completing such applications and complying with sponsor requirements4 7b7 ,preference for release ,the ,director may release an unaccompanied noncitizen child from the custody of the ,secretary to a sponsor who is1 in the order of preference1 any of the following3 7#a7 ,a parent4 7#b7 ,a legal guardian4 7#c7 ,an adult relative4 7#d7 ,an adult individual1 or an entity1 designated by the parent or legal guardian of the unaccompanied noncitizen child as capable and willing to care for the child's well-being1 which designation is supported by-- 7,a7 a declaration signed by the parent or legal guardian under penalty of perjury before an immigration or consular officer2 or 7,b7 such other document that makes such a designation and establishes the affiant's parentage or guardianship4 7#e7 ,a licensed program willing to accept legal custody of the child4 7#f7 ,an adult individual or entity seeking custody of the child4 7c7 ,timelines for reunification ,the ,director shall use the information collected under1 and data requirements described in1 section #dgb7;b7-- 7#a7 to determine the characteristics that exert significant effect on the reunification of unaccompanied noncitizen children with a sponsor2 7#b7 to establish categories of children who exhibit such characteristics1 which categories shall distinguish between-- 7,a7 7i7 children released to parents or legal guardians2 and 7ii7 children released to other sponsors2 and 7,b7 7i7 children who have home studies mandated by section #bce of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7ii7 children granted home studies through the discretion of the ,director2 and 7iii7 other children2 7#c7 to establish timelines for reunification appropriate to each such category of children2 7#d7 to monitor ongoing reunification efforts for compliance with such timelines2 and 7#e7 to identify systematic barriers to release for children in such categories4 7d7 ,systematic barriers to release ,the ,director shall eliminate any administrative hindrance identified as a systemic barrier to release under subsection 7c77#d74 7e7 ,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 sponsors4 7f7 ,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 influx4 7g7 ,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 ,secretary4 #dce4 ,standards relating to sponsors 7a7 ,procedures and protections 7#a7 ,in general ,the ,director shall not impose sponsor requirements 7including application deadlines and requests for information or documentation about prospective sponsors1 the household members of prospective sponsors1 or other individuals7 that do not have a substantial and direct impact on child safety4 7#b7 ,nondiscrimination ,in reviewing an application for sponsorship1 the ,director may not rely on the national origin1 immigration status1 language1 religion1 sexual orientation1 sex 7including gender identity or gender expression71 color1 or race of the child concerned or of the prospective sponsor to delay or deny the application4 7#c7 ,prohibition on certain reasons for sponsorship denial ,a prospective sponsor may not be denied sponsorship solely due to-- 7,a7 poverty1 use of public assistance1 lack of employment or health insurance1 or past or current health conditions that do not have a substantial and direct impact on child safety2 7,b7 absence of a pre-existing relationship with the unaccompanied noncitizen child concerned2 or 7,c7 immigration status4 7#d7 ,legal rights of prospective sponsors 7,a7 ,in general ,in making decisions about the sponsorship of an unaccompanied noncitizen child1 the ,director shall-- 7i7 take into consideration the legal rights of any parent1 legal guardian1 or family member who is seeking sponsorship of the child2 and 7ii7 ensure that ,office of ,refugee ,resettlement processes for ensuring the child's safe release do not interfere with such rights4 7,b7 ,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 child4 7#e7 ,assessment required 7,a7 ,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 completed1 consistent with the requirements of section #bce7;c77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#c774 7,b7 ,elements ,a sponsor assessment shall include-- 7i7 a completed family reunification application2 and 7ii7 consideration of the wishes and concerns of the unaccompanied noncitizen child concerned4 7,c7 ,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 denied4 7,d7 ,background checks 7i7 ,in general ,fingerprint-based checks of national crime information databases 7as defined in section #ecd7;f77#c7 of title #bh1 ,united ,states ,code7 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 child4 7ii7 ,limitation ,the ,director shall deny sponsorship for an unaccompanied noncitizen child if the criminal history of a prospective sponsor or a household member of the sponsor includes a conviction-- 7,i7 for child abuse or trafficking2 or 7,,ii7 that has a direct and immediate impact on the safety of the unaccompanied noncitizen child4 7#f7 ,safeguards 7,a7 ,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 child4 7,b7 ,applicability ,such safeguards shall apply regardless of the outcome of the prospective sponsor's application4 7#g7 ,annual evaluation 7,a7 ,in general ,not less frequently than annually1 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 sponsors4 7,b7 ,submission to ,ombudsperson ,the ,director shall submit each evaluation conducted under subparagraph 7,a7 to the ,ombudsperson4 7b7 ,sponsorship determination 7#a7 ,in general ,not later than #g days after the date on which the ,director receives a family reunification application from a prospective sponsor1 the ,director shall make a determination with respect to whether the unaccompanied noncitizen child concerned may be placed with the sponsor4 7#b7 ,consideration of effect of denial ,in making a determination under paragraph 7#a71 the ,director shall take into consideration the effect a denial of the application1 and continued immigration custody for the unaccompanied noncitizen child concerned1 would have on-- 7,a7 the health and well-being of the child2 and 7,b7 in the case of a prospective sponsor who is a parent1 legal guardian1 or a family member of the child1 the right of the parent1 legal guardian1 or family member to the care and custody of the child4 7#c7 ,sponsorship hearing 7,a7 ,in general ,the ,director shall provide an opportunity for an administrative hearing1 conducted in accordance with sections #eed through #eeg of title #e1 ,united ,states ,code1 in the case of-- 7i7 a determination that a prospective sponsor is not fit to receive the unaccompanied noncitizen child concerned2 or 7ii7 failure by the ,director to make a determination on a family reunification application within the timeframe set forth in paragraph 7#a74 7,b7 ,notice 7i7 ,in general ,not later than #bd hours after a determination or failure described in subparagraph 7,a71 the ,director shall provide notice of such a hearing to-- 7,i7 the unaccompanied noncitizen child2 7,,ii7 the legal counsel and the child advocate of such child2 7,,iii7 the prospective sponsor2 and 7,,iv7 the legal counsel of such prospective sponsor4 7ii7 ,elements ,the notice required under clause 7i7 shall include1 in a language the unaccompanied noncitizen child and the prospective sponsor understand1 the following3 7,i7 ,the time1 date1 and location of the hearing4 7,,ii7 ,notice with respect to the availability of transportation to the hearing for the child and the prospective sponsor under subparagraph 7,e77i74 7,,iii7 ,in the case of a determination that the prospective sponsor is unfit-- 7aa7 the justification for such determination2 and 7bb7 a description of any supporting evidence and information4 7,,iv7 ,in the case of a failure to make a timely determination1 a justification for such failure4 7,v7 ,notification that the unaccompanied noncitizen child and prospective sponsor may submit additional evidence1 including witness testimony1 in support of the family reunification application at or before the hearing4 7,c7 ,limitation on ,office of ,refugee ,resettlement evidence ,in a hearing under this paragraph1 the ,director may only submit evidence and information that is described on the notice provided under subparagraph 7,b74 7,d7 ,timing of hearing 7i7 ,in general ,except as provided in clause 7ii71 a hearing under this paragraph shall occur not less than #g days and not more than #ad days after the date on which notice under subparagraph 7,b7 is provided4 7ii7 ,request for additional time ,such a hearing may occur on a date that is more than #ad days after the date such notice is provided if the prospective sponsor requests additional time4 7,e7 ,presence at hearing 7i7 ,transportation ,on request by the unaccompanied noncitizen child or the prospective sponsor1 the ,director shall facilitate the transportation of the child and the prospective sponsor to a centralized location for the hearing4 7ii7 ,waiver of child's presence ,with the assistance of counsel1 an unaccompanied noncitizen child may waive the child's presence at a hearing under this paragraph4 7iii7 ,virtual hearing ,an unaccompanied noncitizen child may request a virtual hearing under this paragraph and waive the right to an in-person hearing4 7,f7 ,procedural matters 7i7 ,neutral fact finder ,a hearing under this paragraph shall be presided over by a neutral fact finder who-- 7,i7 is not an employee of the ,office of ,refugee ,resettlement2 and 7,,ii7 has expertise in child welfare4 7ii7 ,child and sponsor rights ,at a hearing under this paragraph1 an unaccompanied noncitizen child and the child's prospective sponsor shall have-- 7,i7 the right to counsel2 and 7,,ii7 the right and opportunity to confront1 inspect1 and rebut the evidence alleged to justify a determination by the ,director that the prospective sponsor is unfit4 7iii7 ,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 paragraph4 7iv7 ,burdens of production and proof ,the ,director shall have the burden of production and the burden of proof1 by clear and convincing evidence1 to establish that-- 7,i7 placement with the prospective sponsor is likely to result in serious emotional or physical damage to the child2 and 7,,ii7 continued ,office of ,refugee ,resettlement custody is the least restrictive setting that is in the best interests of the child4 7v7 ,record of proceedings ,the record of proceedings for a hearing under this paragraph1 and all related documentation-- 7,i7 shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file 7commonly called the ,a-,file72 and 7,,ii7 shall not form any part of1 and shall not be relied upon1 in any removal proceedings or any adjudication carried out by ,u4,s4 ,citizenship and ,immigration ,services1 including with respect to final decisions and discretionary factors4 7,g7 ,written decision 7i7 ,in general ,not later than #b business days after the date of a hearing under this paragraph1 the fact finder shall-- 7,i7 issue a written decision ordering the release of the unaccompanied noncitizen child to the prospective sponsor or denying such release1 which shall be binding on the ,office of ,refugee ,resettlement2 and 7,,ii7 provide the written decision to-- 7aa7 the child and the prospective sponsor2 and 7bb7 the legal counsel and the child advocate of the child and the legal counsel of the prospective sponsor1 as applicable4 7ii7 ,denials ,in the case of a denial of release to the prospective sponsor1 the decision shall-- 7,i7 set forth detailed1 specific1 and individualized reasoning for such denial2 and 7,,ii7 notify the child and prospective sponsor of their right to seek review of the decision by the ,ombudsperson under subparagraph 7,h74 7iii7 ,language access ,the decision shall be made available in a language and in a format the unaccompanied noncitizen child and the prospective sponsor understand4 7,h7 ,review by ,ombudsperson 7i7 ,in general ,on request by an unaccompanied noncitizen child1 the legal counsel or prospective sponsor of such child1 or the legal counsel of such prospective sponsor1 the ,ombudsperson shall carry out a review of a decision under subparagraph 7,g71 which shall be completed not later than #ae days after the date on which the request for review is made4 7ii7 ,recommendation 7,i7 ,in general ,in carrying out a review under this subparagraph1 the ,ombudsperson may make a recommendation on the placement or sponsorship of the unaccompanied noncitizen child concerned4 7,,ii7 ,finding of erroneous decision 7aa7 ,in general ,if the ,ombudsperson determines that the decision under subparagraph 7,g7 was erroneous1 the ,ombudsperson shall submit to the ,director a recommendation for further action4 7bb7 ,written statement 7,,aa7 ,in general ,if the ,director declines to follow the recommendation of the ,ombudsperson1 the ,director shall provide a detailed written justification to the child1 the prospective sponsor1 the legal counsel and the child advocate of the child1 and the legal counsel of the prospective sponsor1 as applicable4 7,,bb7 ,nondelegation ,the ,director may not delegate the requirement to issue such a written statement to any other individual4 7,i7 ,judicial review ,an unaccompanied noncitizen child or nonparent family member of the child1 with the consent of the child1 may obtain judicial review of a decision under subparagraph 7,g7 in a district court of the ,united ,states4 7,j7 ,continued efforts by ,office of ,refugee ,resettlement ,during the pendency of a hearing under this paragraph1 and any review of a decision resulting from such a hearing under subparagraph 7,h7 or 7,i71 the ,director shall continue to seek alternative prospective sponsors for the unaccompanied noncitizen child concerned4 #dcf4 ,special considerations relating to release of children with disabilities 7a7 ,in general ,the ,director may not delay the release of an unaccompanied noncitizen child based solely on a pending evaluation for services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7b7 ,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 educate1 and provide concrete resources and support to1 the prospective sponsor through the provision of post-release services4 7c7 ,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-- 7#a7 custody of the child by the parent is likely to result in serious emotional or physical damage to the child2 and 7#b7 continued ,office of ,refugee ,resettlement custody is the least restrictive setting that is in the best interests of the child4 7d7 ,review 7#a7 ,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 others1 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 #dce7;b77#c7 occurs4 7#b7 ,procedure ,a review under paragraph 7#a7 shall-- 7,a7 be carried out using a standardized method for evaluating the data and shall include the rationale for denying release2 and 7,b7 consider the availability of assistive services or technology that could be provided to the unaccompanied noncitizen child concerned if he or she were released4 7#c7 ,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 #dce7;b77#c7 occurs4 7e7 ,office of ,refugee ,resettlement support for sponsors ,with respect to children with disabilities released from the custody of the ,secretary1 the ,director shall support and assist sponsors in accessing and coordinating post-release community-based services and support or technology1 to the extent such services and support are available4 7f7 ,alternative placement ,if a sponsor is not identified for an unaccompanied noncitizen child who receives services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,director shall make every effort to place the child in therapeutic foster care1 foster care1 or the ,unaccompanied ,refugee ,minor program4 ,e ,release #dcg4 ,procedures for release 7a7 ,in general ,the ,secretary shall release an unaccompanied noncitizen child from the custody of the ,secretary-- 7#a7 without unnecessary delay2 and 7#b7 as quickly as may be safely accomplished4 7b7 ,provision of records on release ,on release from the custody of the ,secretary1 including in circumstances of repatriation1 the ,director shall provide unaccompanied noncitizen children and their sponsors1 as applicable1 the unaccompanied noncitizen child's complete ,office of ,refugee ,resettlement case file and records1 including-- 7#a7 documentation that details the child's medical and educational status1 progress1 and any related evaluations2 7#b7 information relating to any special needs of the child2 and 7#c7 any other information relevant to promoting the child's well-being after release4 7c7 ,prescription medication ,the ,director shall ensure that unaccompanied noncitizen children prescribed medication are released with not less than a #fj-;day supply of their medication and information from a physician regarding continuing or discontinuing the medication4 7d7 ,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 ,resettlement4 7e7 ,prohibition on ,secretary taking child back into custody 7#a7 ,in general ,after the release of an unaccompanied noncitizen child from the custody of the ,secretary to a sponsor1 the ,secretary may not take the child back into custody4 7#b7 ,reporting to ,state child welfare agency ,with respect to a child released from such custody1 if the ,director becomes aware of a concern related to suspected abuse or neglect in a sponsor's care1 the ,director may report such concerns to the applicable ,state child welfare agency4 #dch4 ,post-release services 7a7 ,required in limited circumstances 7#a7 ,in general ,the ,director may not uniformly require post-release services to be in place before releasing an unaccompanied noncitizen child to a sponsor4 7#b7 ,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 if1 after conducting an individualized assessment of the particular needs of the child1 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 release4 7b7 ,expansion ,the ,director shall provide post-release services1 on a voluntary basis1 to unaccompanied noncitizen children1 including by-- 7#a7 conducting outreach campaigns by navigators in communities to ensure that children1 sponsors1 and families understand the post-release services offered2 7#b7 providing active assistance with school enrollment2 7#c7 supporting sponsors in obtaining necessary medical records1 including vaccination and medication records1 from the period during which the unaccompanied noncitizen children were in the custody of the ,secretary2 7#d7 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 7,,chip7 in ,states that have elected to cover lawfully residing pregnant individuals and children under sections #aijc7v77#d7 and #bajg7;e77#a77,o7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7v77#d71 #acig;gg7e77#a77,o771 as added by section #bad of the ,children's ,health ,insurance ,program ,reauthorization ,act of #bjji 7commonly referred to as the ,,chipra #bad option72 7#e7 ensuring access to family reunification and medical support services1 including support and trauma-informed counseling for the family and mental health counseling1 through direct provision of such services or through partnerships and referrals to services in the community2 and 7#f7 ensuring that sponsors of children with special medical needs receive ,office of ,refugee ,resettlement support in accessing appropriate medical care4 #dci4 ,individuals attaining #ah years of age 7a7 ,presumption of release on recognizance 7#a7 ,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 #ah years1 there shall be a presumption that the individual shall be released on an order of recognizance4 7#b7 ,rebuttal ,the ,secretary of ,homeland ,security shall bear the burden of proof1 by clear and convincing evidence1 in overcoming the presumption under paragraph 7#a7 and in demonstrating that such an individual is not eligible to be released on an order of recognizance4 7#c7 ,alternatives to detention 7,a7 ,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 recognizance1 the individual shall be eligible to participate in noncustodial alternatives to detention programs provided by the ,department of ,health and ,human ,services1 including placement with an individual1 an organizational sponsor1 or a supervised group home with supportive services to facilitate access to educational and occupational opportunities4 7,b7 ,placement preferences ,the categories of placements available to an individual described in subparagraph 7,a7 shall be the following1 in order of preference3 7i7 ,the least restrictive family-based setting1 including long-term foster care4 7ii7 ,an independent living program4 7iii7 ,a childcare facility that meets the particular needs of the individual4 7#d7 ,continuation of services ,the ,director shall ensure that an individual released on an order of recognizance under this subsection is provided with-- 7,a7 continued access to counseling1 case management1 legal counsel1 and other support services during the pendency of the individual's immigration proceedings2 and 7,b7 information on applying for special immigrant juvenile status under section #aja7;a77#bg77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j771 and resources to assist the individual with applying for such status4 7b7 ,post-#ah plan for individuals aging out of custody 7#a7 ,in general ,the ,director shall develop a post-#ah plan for each unaccompanied noncitizen child entering ,office of ,refugee ,resettlement custody who-- 7,a7 is over the age of #ag years and #f months2 or 7,b7 is not likely to be released to a sponsor before attaining #ah years of age4 7#b7 ,elements ,each plan under paragraph 7#a7 shall include the following3 7,a7 ,an investigation into organizational sponsors and social support services4 7,b7 ,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 successful4 7c7 ,post-#ah program ,with respect to an individual in the custody of the ,secretary who attains #ah years of age before reunification1 placement with a sponsor1 or adjudication with respect to immigration status1 the ,director may extend ,office of ,refugee ,resettlement custody for a period ending not later than the date on which the individual attains #ba years of age1 if the individual-- 7#a7 7,a7 has not been reunified but has a family member available for reunification2 7,b7 has an identified sponsor2 7,c7 has been admitted to long-term foster care or a residential treatment center2 or 7,d7 otherwise does not have reunification options but has not yet been adjudicated with respect to immigration status by a local court in the applicable jurisdiction2 and 7#b7 solely at his or her discretion1 without coercion and on the recommendation of his or her case manager1 elects to remain in ,office of ,refugee ,resettlement custody in the post-#ah program until the date on which1 as applicable-- 7,a7 the screening process for reunification is completed and the individual is reunified with a family member or placed with a sponsor2 or 7,b7 the individual is adjudicated with respect to immigration status in a local court in the applicable jurisdiction1 receives relief from removal1 and enters an applicable program for unaccompanied refugee minors4 7d7 ,consideration relating to ,u4,s4 ,immigration and ,customs ,enforcement custody ,in considering a sponsorship application for an unaccompanied noncitizen child who may attain #ah years of age in the custody of the ,secretary1 the ,director shall consider the potential for1 and impact of1 trauma and the risk to the safety and well-being of the child if the child were to be transferred to the custody of ,u4,s4 ,immigration and ,customs ,enforcement on attaining such age4 7e7 ,prohibition on detention and removal ,an individual who was in the custody of the ,secretary as an unaccompanied noncitizen child shall not be apprehended1 arrested1 transferred1 or taken into the custody of ,u4,s4 ,immigration and ,customs ,enforcement1 or removed from the ,united ,states1 based solely on having attained #ah years of age4 7f7 ,continued access to due process1 legal relief1 and housing ,an individual who entered the ,united ,states as a child shall not lose the opportunity for due process and potential legal relief1 or access to community-based housing1 based solely on having attained the age of #ah years4 #ddj4 ,custody review by ,ombudsperson 7a7 ,in general ,if an unaccompanied noncitizen child1 the legal counsel or prospective sponsor of such child1 or the legal counsel of such prospective sponsor has reasonable cause to believe that the child should have been released1 the child1 the prospective sponsor1 or such legal counsel may request an investigation by the ,ombudsperson4 7b7 ,notification of lengthy custody ,in the case of any unaccompanied noncitizen child who remains in the custody of the ,secretary for #de days or more1 the ,director shall-- 7#a7 notify the ,ombudsperson of such continued custody2 and 7#b7 provide the ,ombudsperson a complete copy of the ,office of ,refugee ,resettlement case file and a detailed explanation for such continued custody4 ,,iii ,emergencies and influxes #dda4 ,sense of ,congress ,it is the sense of ,congress that before opening or expanding an influx facility1 the ,secretary and the ,director should explore all other avenues for placing an unaccompanied noncitizen child in the least restrictive1 ,state-licensed setting that most approximates a family and in which the special needs of the child1 if any1 may be met consistent with the best interests and special needs of the child4 #ddb4 ,definitions ,in this part3 7#a7 ,emergency ,the term emergency means an event of limited duration1 such as a natural disaster1 facility fire1 civil disturbance1 or medical concern4 7#b7 ,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 children4 #ddc4 ,placement 7a7 ,in general ,in the event of an emergency or influx that prevents the prompt placement of unaccompanied noncitizen children in childcare facilities1 the ,director-- 7#a7 shall make every effort-- 7,a7 to place arriving unaccompanied noncitizen children in other ,state-licensed programs2 and 7,b7 to release unaccompanied noncitizen children from other programs as expeditiously as possible2 and 7#b7 may not house an unaccompanied noncitizen child in an influx facility or any other emergency or temporary facility for more than #bj days4 7b7 ,transfer to licensed facility 7#a7 ,in general ,except as provided in paragraph 7#b71 in the case of an unaccompanied noncitizen child for whom release to a sponsor within #bj days of placement in an influx facility is not possible1 the ,director shall transfer the child to a childcare facility4 7#b7 ,exception ,the ,director may not transfer a child under paragraph 7#a7 if the transfer would prolong the child's total length of custody by more than #dh hours4 7c7 ,limitation on transfer to influx facility ,the ,director may not transfer to an influx facility any unaccompanied noncitizen child-- 7#a7 for whom-- 7,a7 a prospective sponsor has not been identified2 or 7,b7 such transfer would delay release by more than #dh hours2 or 7#b7 who-- 7,a7 has been identified by the ,director as-- 7i7 having a prospective sponsor who is not a parent1 a legal guardian1 or an immediate relative2 or 7ii7 not having any identified prospective sponsor2 7,b7 is younger than #af years of age2 7,c7 is part of a sibling group in the custody of the ,secretary of which #a or more siblings are younger than #af years of age2 7,d7 speaks a language other than ,english or ,spanish as his or her primary language2 7,e7 has special needs2 7,f7 is currently prescribed psychotropic medication2 7,g7 is pregnant or parenting2 7,h7 will attain #ah years of age on a date that is not more than #cj days after the proposed date of transfer to the influx facility2 7,i7 is scheduled to be released on a date that is not more than #c days after the proposed date of the transfer2 7,j7 has a pending home study2 7,k7 has not received a legal orientation presentation or a legal screening2 7,l7 has a date scheduled for a hearing before an immigration court or a ,state court1 including family and juvenile court2 7,m7 has a pending application for relief from removal2 7,n7 has legal counsel2 or 7,o7 has a child advocate4 7d7 ,family groups ,the ,director shall ensure that-- 7#a7 unaccompanied noncitizen children with siblings or other relatives under the age of #ah in the custody of the ,secretary are not separated from each other2 and 7#b7 such family groups have unlimited visitation with each other in influx facilities4 #ddd4 ,planning for emergencies and influxes 7a7 ,plan required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall develop a plan for-- 7#a7 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 facilities2 and 7#b7 in the case of an emergency or influx1 placing unaccompanied noncitizen children with sponsors as expeditiously as possible4 7b7 ,supplemental placement list 7#a7 ,in general ,the ,director shall develop and maintain a supplemental placement list of facilities that have1 in the aggregate1 not fewer than #bjj beds available to accept unaccompanied noncitizen children in the case of an emergency or influx1 which shall be in addition to the number of beds available for placements under normal circumstances4 7#b7 ,licensing and compliance ,any facility on the supplemental placement list shall be-- 7,a7 licensed in the ,state in which it is located2 and 7,b7 in compliance with all standards and procedures applicable to ,state-licensed programs under this subtitle4 7#c7 ,elements ,the supplemental placement list shall include1 for each facility1 the following3 7,a7 ,the name of the facility4 7,b7 ,the number of beds available in the facility in the case of an emergency or influx4 7,c7 ,the name and telephone number of #a or more contact persons1 including a contact person for nights1 holidays1 and weekends4 7,d7 ,any limitation on categories of child the facility may accept1 such as age categories4 7,e7 ,a description of any special service available4 7#d7 ,appropriate community services ,to the extent practicable1 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 available4 7#e7 ,high capacity at childcare facilities ,if the operational capacity of all childcare facilities and foster care placements reaches or exceeds #ge percent for a period of #c consecutive days1 the ,director shall contact the facilities on the supplemental placement list to determine the number of available supplemental placements4 7c7 ,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 list1 the ,director shall-- 7#a7 locate additional placements through ,state-licensed programs and nonprofit child and family services agencies providing placement services2 and 7#b7 expedite the reunification and release of unaccompanied noncitizen children from ,u4,s4 ,customs and ,border ,protection custody4 #dde4 ,influx facility standards and staffing 7a7 ,operation of influx facilities ,in the event that the operation of an influx facility cannot be avoided1 the ,director may operate an influx facility in accordance with this section4 7b7 ,standards 7#a7 ,in general ,an influx facility that does not meet the standards described in this subsection may not be used to house any child1 and children housed at such an influx facility shall be transferred out of the influx facility immediately4 7#b7 ,first day of operation ,on the first day of operation1 an influx facility shall be in compliance with-- 7,a7 the staffing ratio requirements1 case management requirements1 telephone call access1 legal services access1 education and recreation requirements1 and medical and mental health services requirements that apply to childcare facilities2 and 7,b7 the facility standards under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 7#c7 ,within #cj days ,not later than #cj days after the date on which an influx facility commences operation1 the influx facility shall achieve compliance with all standards set forth in part ,,ii1 including ,state licensing standards4 7c7 ,contractor standards ,the ,director may not enter into a contract with any entity to operate an influx facility1 unless the entity has each of the following3 7#a7 ,demonstrated experience in providing services for unaccompanied noncitizen children or children in foster care4 7#b7 ,a plan for placement of children for whom no sponsor has been identified4 7#c7 ,a plan for-- 7,a7 identifying1 and immediately notifying the ,director with respect to1 any child believed to have been erroneously transferred to1 or in care at1 the influx facility contrary to the limitations set forth in paragraphs 7#a7 and 7#b7 of section #ddc7;c72 and 7,b7 not later than #aj days after identifying such a child1 transferring the child to an appropriate placement4 7#d7 ,an emergency plan that includes protection against transmission of ,,covid-#ai and other infectious diseases1 including a plan-- 7,a7 to provide regular testing for any applicable disease2 7,b7 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 ,prevention2 and 7,c7 to ensure access to immunizations for unaccompanied noncitizen children in the influx facility1 in accordance with any applicable guidance of the ,centers for ,disease ,control and ,prevention4 7#e7 ,emergency response protocols for placement1 care1 and transfer of children1 which reduce the amount of time a child is in an emergency influx facility4 7#f7 ,a clear organizational chart1 reporting structure1 and contact information4 7#g7 ,a staffing plan that includes maintaining specified case manager-to-child ratios and a specified number of case manager visits with a child each week4 7#h7 ,a training plan for case managers that includes in-service coaching and individual support for a case manager's first #cj days as an employee of the entity4 7#i7 ,a written code of conduct that is-- 7,a7 distributed to all officers1 employees1 and volunteers2 and 7,b7 contains clear boundaries for working with and around children4 7#aj7 ,written ethical standards that are-- 7,a7 distributed to all officers1 employees1 and volunteers2 and 7,b7 based on accepted child welfare principles and best practices4 7#aa7 ,a written security plan to protect against unauthorized access to the influx facility and other potential threats4 7#ab7 ,data systems that meet the data and quality standards described in section #dgb for tracking children through intake1 case management1 transportation1 and placement4 7d7 ,waiver 7#a7 ,in general ,in the case of an influx facility1 the ,director may waive compliance with a standard or procedure under part ,,ii for a period of not more than #cj days4 7#b7 ,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 located1 the ,director shall provide to ,congress notice of such waiver1 which shall include-- 7,a7 a justification for the waiver2 and 7,b7 7i7 a plan for the influx facility to obtain such licensing2 or 7ii7 in the case of an influx facility that will be unable to obtain such licensing-- 7,i7 an explanation of the reason that-- 7aa7 licensing is not possible2 and 7bb7 the particular influx facility was chosen and remains operationally necessary4 7e7 ,reporting mechanisms ,the ,director shall establish clear procedures-- 7#a7 for unaccompanied noncitizen children at influx facilities to directly and confidentially report incidents of abuse or neglect at influx facilities to the ,ombudsperson1 consulates1 and ,state authorities2 and 7#b7 to allow ,state child protective services immediate access to any influx facility to investigate any such report4 7f7 ,staffing 7#a7 ,background checks 7,a7 ,in general ,the ,director shall ensure that a ,federal ,bureau of ,investigation background check1 and in any applicable ,state a child abuse or neglect check1 has been conducted for each influx facility staff member who will have direct contact with unaccompanied noncitizen children4 7,b7 ,timing of background checks ,the background checks described in subparagraph 7,a7 shall be completed before a staff member interacts with any unaccompanied noncitizen child at an influx facility4 7,c7 ,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-- 7i7 any conviction for child abuse or trafficking2 or 7ii7 a conviction that is less than #aj years old the underlying offense of which would have a substantial and direct effect on the safety of unaccompanied noncitizen children4 7,d7 ,submittal of evidence ,not later than the date on which an influx facility commences operation1 the operator of the influx facility shall submit to the ,director and the ,ombudsperson evidence that background checks in accordance with this paragraph-- 7i7 have been completed for the relevant facility staff2 and 7ii7 will be completed for all new hires going forward4 7#b7 ,fluency in ,spanish ,each staff member of an influx facility who will have contact with unaccompanied noncitizen children shall-- 7,a7 be fluent in ,spanish and ,english2 and 7,b7 have experience in the care of children4 7#c7 ,pediatric health specialists ,an influx facility shall have onsite pediatric health specialists1 including a pediatrician1 licensed psychologist1 or psychiatrist who is experienced in the care of children4 7#d7 ,ratios ,not later than #ae days after the date on which an influx facility commences operation1 the ,director shall ensure that the influx facility maintains staffing ratios as follows3 7,a7 ,during waking hours1 not less than #a on-duty youth care worker for every #h unaccompanied noncitizen children4 7,b7 ,during sleeping hours1 not less than #a on-duty youth care worker for every #af unaccompanied noncitizen children4 #ddf4 ,monitoring and oversight 7a7 ,site visits 7#a7 ,director 7,a7 ,in general ,not less frequently than monthly during the period in which an influx facility is in operation1 the ,director shall conduct a comprehensive onsite monitoring visit4 7,b7 ,elements ,each site visit conducted under subparagraph 7,a7 shall include-- 7i7 an evaluation of the compliance of the influx facility with-- 7,i7 the standards and procedures under part ,,ii2 and 7,,ii7 the facility standards under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq472 7ii7 an assessment of the delivery of1 and unaccompanied noncitizen children's access to1 health care and mental health care services2 7iii7 an assessment of unaccompanied noncitizen children's access to counsel and legal services2 and 7iv7 private1 confidential interviews with unaccompanied noncitizen children housed in the influx facility4 7#b7 ,inspector ,general ,the ,inspector ,general of the ,department of ,health and ,human ,services may conduct unscheduled visits to any influx facility1 during which the ,inspector ,general may meet confidentially with any unaccompanied noncitizen child housed in the influx facility4 7#c7 ,ombudsperson ,not less frequently than monthly during the period in which an influx facility is in operation1 the ,ombudsperson shall conduct a comprehensive onsite visit to monitor for compliance with applicable ,federal and ,state law 7including regulations71 including-- 7,a7 the ,flores settlement agreement2 7,b7 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 and 7,c7 this subtitle4 7b7 ,tours by approved stakeholders ,not less frequently than monthly during the period in which an influx facility is in operation1 the ,director shall allow approved stakeholders1 including representatives from nonprofit organizations serving or advocating on behalf of unaccompanied noncitizen children1 to tour the influx facility4 ,,iv ,legal representation for unaccompanied noncitizen children #dea4 ,legal orientation presentations and legal screenings 7a7 ,in general ,not later than #aj days after transfer to the custody of the ,secretary1 an unaccompanied noncitizen child shall receive a free legal orientation presentation and legal screening conducted by a legal services provider1 which shall include information relating to-- 7#a7 the right to apply for relief from removal2 7#b7 the right to request voluntary departure in lieu of removal2 and 7#c7 the right to a hearing before an immigration judge4 7b7 ,prioritization before release 7#a7 ,in general ,the ,director shall make affirmative1 thorough1 and timely efforts to ensure that each unaccompanied noncitizen child receives a presentation and screening described in subsection 7a7 before release1 and in the case of any unaccompanied noncitizen child who does not receive such presentation and screening before release1 the ,director shall ensure that the child receives the presentation and screening on release4 7#b7 ,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 screening4 #deb4 ,legal representation 7a7 ,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 ,secretary1 at ,government expense1 unless the child has obtained1 at his or her own expense1 counsel authorized to practice in immigration proceedings4 7b7 ,procedure ,representation under subsection 7a7 shall-- 7#a7 be appointed or provided by the ,secretary as expeditiously as possible2 7#b7 extend through every stage of removal proceedings1 from the child's initial appearance through the termination of immigration proceedings2 and 7#c7 include any ancillary matter appropriate to such proceedings 7including1 to the extent practicable and as appropriate1 an application for employment authorization71 even if the child attains #ah years of age or is reunified with a parent or legal guardian while the proceedings are pending4 7c7 ,private1 confidential meeting space ,the ,director shall ensure that unaccompanied noncitizen children are provided access to a private1 confidential space to meet with legal services providers and a private1 confidential telephone line to contact their legal counsel or legal services providers at the expense of the ,government4 7d7 ,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 time4 7e7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7#b7 ,funding ,amounts made available under this section shall be maintained separately from amounts designated for childcare facilities4 7f7 ,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 representation1 including representation in-- 7#a7 any matter relevant to the child's well-being1 including conditions of detention and matters relating to medical and mental health services and medication2 7#b7 placement review hearings2 7#c7 sponsorship hearings2 and 7#d7 any other matter relating to immigration4 7g7 ,cooperation of ,office of ,refugee ,resettlement required 7#a7 ,in general ,the ,director shall ensure that the legal counsel of an unaccompanied noncitizen child has access to prompt1 reasonable1 and regular direct communication with case managers1 case coordinators1 and ,federal field specialists overseeing the child's placement1 release1 family reunification1 transfer1 and medical and mental health services4 7#b7 ,requests by counsel for information ,on request by the legal counsel or the independent legal services provider of an unaccompanied noncitizen child1 the ,director shall provide1 not later than #g days after the date on which the request is made1 the following3 7,a7 ,the names and telephone numbers of all prospective sponsors of the unaccompanied noncitizen child concerned4 7,b7 ,a copy of the complete ,office of ,refugee ,resettlement case file and records of the unaccompanied noncitizen child concerned4 ,v ,appointment of child advocates and improvements to immigration courts #dfa4 ,appointment of child advocates 7a7 ,in general ,the ,secretary shall appoint independent child advocates to unaccompanied noncitizen children1 including-- 7#a7 each vulnerable unaccompanied noncitizen child in the custody of the ,secretary2 and 7#b7 each vulnerable unaccompanied noncitizen child who has been released from such custody4 7b7 ,expansion of child advocate services 7#a7 ,in general ,the ,secretary shall increase funding for child advocate services to facilitate the expansion1 by not later than the date that is #ahj days after the date of the enactment of this ,act1 of the provision of such services to all locations at which-- 7,a7 unaccompanied noncitizen children in the custody of the ,secretary are housed2 or 7,b7 unaccompanied noncitizen children appear before immigration courts for removal proceedings4 7#b7 ,prioritization ,in expanding services under this subsection1 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 courts4 7#c7 ,access to records 7,a7 ,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 concerned1 including the child's complete ,office of ,refugee ,resettlement case file and records4 7,b7 ,request ,on request by such a child advocate1 the ,director shall provide a complete copy of an unaccompanied noncitizen child's ,office of ,refugee ,resettlement case file and records not later than #gb hours after the request is made4 7#d7 ,best interest recommendations ,a child advocate appointed under this section shall submit a best interest recommendation based on law1 policy1 medical or behavioral health1 and relevant social science research to any ,federal or ,state agency making a decision with respect to the best interests of an unaccompanied noncitizen child1 including-- 7,a7 the ,department of ,health and ,human ,services2 7,b7 the ,department of ,justice2 7,c7 the ,department of ,homeland ,security2 and 7,d7 a ,federal1 ,state1 or ,tribal court4 7#e7 ,confidentiality ,all communications between child advocates appointed under this section and unaccompanied noncitizen children shall be confidential1 and such a child advocate may not be compelled to testify or provide evidence1 in any proceeding1 with respect to any information or opinion conveyed to the child advocate by an unaccompanied noncitizen child in the course of serving as child advocate4 7#f7 ,legal support ,the ,secretary shall ensure that each location at which child advocate services are provided under this section is staffed with #a or more attorneys who have expertise in immigration law and child welfare law4 7#g7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection4 #dfb4 ,immigration court improvements 7a7 ,hiring of immigration judges 7#a7 ,in general ,to adjudicate pending cases and efficiently process future cases1 the ,attorney ,general shall increase the total number of immigration judges by not fewer than #ge judges during fiscal year #bjbe4 7#b7 ,qualifications ,the ,attorney ,general shall ensure that each immigration judge hired under this subsection-- 7,a7 is highly qualified2 7,b7 has substantial experience in the field of immigration law2 and 7,c7 is trained to conduct fair and impartial hearings in accordance with applicable due process requirements4 7#c7 ,no preference for candidates with prior service in the ,federal ,government ,in selecting immigration judges under this subsection1 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 organization1 private practice1 or academia1 but does not have previous ,federal service4 7b7 ,immigration court staff ,during fiscal year #bjbe1 the ,attorney ,general shall-- 7#a7 increase the total number of judicial law clerks at the ,executive ,office for ,immigration ,review by #ge2 and 7#b7 increase the total number of support staff for immigration judges1 including legal assistants and interpreters1 by #cjj4 7c7 ,support staff2 other resources ,the ,attorney ,general shall ensure that the ,executive ,office for ,immigration ,review has sufficient support staff1 adequate technological and security resources1 and appropriate facilities to conduct the immigration proceedings required under ,federal law4 7d7 ,limitation ,amounts appropriated for the ,executive ,office for ,immigration ,review or for any other division1 activity1 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 courts4 7e7 ,docket management for resource conservation ,notwithstanding any opposition from the ,secretary of ,homeland ,security or the ,attorney ,general1 immigration judges shall administratively close or terminate cases1 and the ,board of ,immigration ,appeals shall remand cases for administrative closure1 if an individual in removal proceedings-- 7#a7 appears to be prima facie eligible for a visa or any other immigration benefit2 and 7#b7 has a pending application for such benefit before ,u4,s4 ,citizenship and ,immigration ,services or any other applicable ,federal agency4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 ,,vi ,oversight1 monitoring1 and enforcement #dga4 ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children in ,immigration ,custody 7a7 ,establishment ,there is established within the ,department of ,health and ,human ,services an ,office of the ,ombudsperson for ,unaccompanied ,noncitizen ,children 7referred to in this section as the ,office7 to monitor and oversee compliance with this subtitle and the amendments made by this subtitle4 7b7 ,independence ,the ,office shall be an impartial1 confidential resource that is fully independent of-- 7#a7 the ,office of ,refugee ,resettlement2 and 7#b7 the ,department of ,homeland ,security4 7c7 ,ombudsperson 7#a7 ,in general ,the ,office shall be headed by an ,ombudsperson1 who shall be appointed by1 and report directly to1 the ,secretary4 7#b7 ,recommendations from stakeholders ,before making an appointment under paragraph 7#a71 the ,secretary shall solicit and consider candidate recommendations from organizations that provide legal services to1 and advocate on behalf of1 immigrant children4 7#c7 ,limitation on certain former employees ,the ,secretary may not appoint as ,ombudsperson any individual who1 during the #b-year period preceding the date of appointment1 was an employee of the ,office of ,refugee ,resettlement or the ,department of ,homeland ,security4 7#d7 ,term 7,a7 ,in general ,subject to subparagraph 7,c71 the term of an ,ombudsperson appointed under this subsection shall be not more than #d years4 7,b7 ,consecutive terms ,an ,ombudsperson may be appointed for consecutive terms4 7,c7 ,expiration ,the term of an ,ombudsperson shall not expire before the date on which the ,ombudsperson's successor is appointed4 7#e7 ,removal for cause ,the ,secretary may only remove or suspend an ,ombudsperson for neglect of duty or gross misconduct4 7#f7 ,duties and authorities 7,a7 ,regional offices 7i7 ,establishment ,the ,ombudsperson shall establish not fewer than #g regional offices of the ,office-- 7,i7 to strengthen ,state oversight2 7,,ii7 to investigate complaints2 7,,iii7 to coordinate with ,state licensing entities2 and 7,,iv7 to identify and address differences among ,state child protection laws4 7ii7 ,locations 7,i7 ,in general ,the regional offices required under clause 7i7 shall be established in the following locations3 7aa7 #a regional office in ,texas4 7bb7 #a regional office in ,arizona4 7cc7 #a regional office in ,california or a ,state in the ,northwest4 7dd7 #a regional office in a ,state in the ,midwest4 7ee7 #a regional office in a ,state in the ,mid-,atlantic4 7ff7 #a regional office in a ,state in the ,northeast4 7gg7 #a regional office in a ,state in the ,southeast4 7,,ii7 ,additional locations ,the ,ombudsperson may make a recommendation to the ,secretary with respect to the location of any additional regional office4 7iii7 ,appointment of deputies ,the ,ombudsperson shall appoint a full-time deputy for each regional office1 who shall serve at the ,ombudsperson's discretion4 7iv7 ,applicability of other provisions ,the regional offices established under this subparagraph shall have the same access to facilities and records1 maintain the same rights1 roles1 and responsibilities1 and be subject to the same confidentiality requirements as the ,office4 7,b7 ,hiring 7i7 ,in general ,the ,ombudsperson shall hire to carry out the functions of the ,office necessary personnel1 including clerical personnel1 who shall serve at the discretion of the ,ombudsperson4 7ii7 ,subject matter experts ,the personnel hired under clause 7i7 shall include relevant subject matter experts1 including-- 7,i7 legal advocates or specialists in the fields of child and family welfare1 immigration1 and human rights2 7,,ii7 pediatricians2 7,,iii7 child and adolescent psychiatrists and psychologists2 7,,iv7 social workers2 7,v7 data analysts with demonstrable expertise in child welfare or immigration2 and 7,,vi7 youth or young adults with experience as noncitizen children in immigration custody4 7,c7 ,monitoring 7i7 ,in general ,the ,ombudsperson shall monitor1 including by making site visits1 for compliance with all applicable law and standards relating to noncitizen children in immigration custody4 7ii7 ,influx facilities ,the ,ombudsperson shall conduct site visits of influx facilities1 as described in section #ddf4 7,d7 ,investigations 7i7 ,in general ,the ,ombudsperson-- 7,i7 may conduct any investigation relating to noncitizen children in immigration custody the ,ombudsperson considers necessary2 and 7,,ii7 shall investigate-- 7aa7 claims of abuse1 neglect1 or mistreatment of noncitizen children by the ,government or any other entity while in immigration custody2 and 7bb7 complaints made against foster care providers1 including in the case of such a provider that is subject to ,state oversight4 7ii7 ,timeline ,the ,ombudsperson shall commence an investigation under clause 7i77,,ii7 not later than #cj days after the date on which a claim or complaint described in that clause is received4 7iii7 ,reporting of ,state licensing violations ,if in the course of an investigation under clause 7i77,,ii77bb7 the ,ombudsperson discovers a ,state licensing violation1 the ,ombudsperson shall report the violation to the child welfare licensing agency of the applicable ,state4 7iv7 ,procedures ,the ,ombudsperson shall establish a procedure for conducting investigations1 receiving and processing complaints1 and reporting findings4 7v7 ,notification 7,i7 ,commencement of investigation ,if the ,ombudsperson decides to commence an investigation based on a complaint received1 not later than #de days after the date on which the investigation commences1 the ,ombudsperson shall so notify the complainant4 7,,ii7 ,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 subparagraph1 not later than #de days after the date on which such an action is taken1 the ,ombudsperson shall notify the complainant and provide a reason for such action4 7,,iii7 ,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 investigation4 7vi7 ,confidentiality 7,i7 ,in general ,all information obtained by the ,ombudsperson from a complaint shall be confidential under applicable ,federal and ,state confidentiality law1 regardless of whether the ,ombudsperson-- 7aa7 investigates the complaint2 7bb7 refers the complaint to any other entity for investigation2 or 7cc7 determines that the complaint is not a proper subject for an investigation4 7,,ii7 ,disclosure ,disclosure of any such information may only occur as necessary to carry out the mission of the ,office and as permitted by law4 7,e7 ,reporting mechanisms 7i7 ,in general ,the ,ombudsperson shall establish and maintain-- 7,i7 a public toll-free telephone number to receive complaints and reports of matters for investigation2 and 7,,ii7 a public email address to receive complaints1 such reports1 and requests for review of placement and sponsorship decisions4 7ii7 ,availability 7,i7 ,in general ,the ,ombudsperson shall ensure that such telephone number and email address-- 7aa7 are made available1 and a telephone is accessible1 to all children in immigration custody2 and 7bb7 are made available to prospective sponsors1 sponsors1 ,flores settlement agreement class counsel1 and legal services providers and child advocates who serve such noncitizen children4 7,,ii7 ,sponsorship applications ,the ,director shall provide such telephone number and email address to the prospective sponsor of each unaccompanied noncitizen child4 7iii7 ,language access 7,i7 ,in general ,such telephone number and email address shall be posted in public areas of each facility or placement in which #a or more children in immigration custody are held1 in multiple languages1 including the top #bj preferred languages4 7,,ii7 ,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 children4 7,f7 ,hearings ,the ,ombudsperson may hold public hearings as the ,ombudsperson considers necessary4 7,g7 ,individual case assistance and review 7i7 ,in general ,the ,ombudsperson may offer individual case assistance for noncitizen children in immigration custody4 7ii7 ,communication with others ,in providing such individual case assistance1 the ,ombudsperson may speak with a noncitizen child's prospective sponsor1 family members1 child advocate1 legal counsel1 case manager1 case coordinator1 and ,office of ,refugee ,resettlement ,federal field specialist staffing the noncitizen child's case1 as applicable4 7,h7 ,stakeholder meetings 7i7 ,community stakeholders ,not less frequently than quarterly1 the ,ombudsperson shall invite community stakeholders1 including attorneys who represent noncitizen children in immigration custody1 to participate in a meeting4 7ii7 ,data tracking personnel ,not less frequently than quarterly1 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 #dgb to participate in a meeting for the purpose of informing the ,ombudsperson with respect to the efficacy and responsiveness of the system with empirical data1 analysis1 and data needs4 7iii7 ,additional meetings ,the ,ombudsperson may convene additional meetings at any time1 as the ,ombudsperson considers necessary4 7,i7 ,reporting 7i7 ,annual public report 7,i7 ,in general ,not less frequently than annually1 the ,ombudsperson shall issue a public report on the implementation of and compliance with this subtitle and the amendments made by this subtitle1 by the ,secretary and the ,secretary of ,homeland ,security4 7,,ii7 ,elements ,each report under subclause 7,i7 shall include the following3 7aa7 ,for the preceding fiscal year1 the accomplishments and challenges relating to such implementation and compliance4 7bb7 ,a summary of complaints made and investigations carried out during the preceding fiscal year1 including-- 7,,aa7 the number of complaints and number and nature of other contacts2 7,,bb7 the number of complaints made1 including the type and source2 7,,cc7 the number of investigations carried out2 7,,dd7 the trends and issues that arose in the course of investigating complaints2 and 7,,ee7 the number of pending complaints4 7cc7 ,for the preceding fiscal year1 a summary of-- 7,,aa7 each site visit conducted2 7,,bb7 any interview with a noncitizen child or facility staff2 7,,cc7 facility audits and corrective actions taken or recommended2 7,,dd7 appeals made to the ,ombudsperson2 and 7,,ee7 any other information the ,ombudsperson considers relevant4 7dd7 ,a detailed analysis of the data collected under section #dgb4 7ee7 ,recommendations-- 7,,aa7 for improving implementation and compliance with this subtitle and the amendments made by this subtitle2 and 7,,bb7 as to whether the ,director should renew or cancel contracts with particular ,office of ,refugee ,resettlement grantees4 7ff7 ,a description of the priorities for the subsequent fiscal year4 7ii7 ,report on training materials ,the ,ombudsperson shall issue a public report on the training materials developed by the ,director under section #dbb7;d77#d7 that includes a description of any concerns the ,ombudsperson has with respect to the materials4 7iii7 ,additional reports ,the ,ombudsperson may issue additional reports at any time1 including data analyses and findings1 as the ,ombudsperson considers necessary4 7,j7 ,information gathering 7i7 ,in general ,the ,ombudsperson may submit to the ,director1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and the juvenile coordinators of ,u4,s4 ,customs and ,border ,protection requests for information with respect to the implementation of this subtitle4 7ii7 ,response required ,not later than #cj days after the date on which a juvenile coordinator receives a request for information under clause 7i71 the juvenile coordinator shall submit a detailed response to the ,ombudsperson1 the ,director1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7iii7 ,cooperation required ,the ,secretary and the ,secretary of ,homeland ,security shall-- 7,i7 cooperate with any request for information by the ,ombudsperson2 and 7,,ii7 report to the ,ombudsperson any policy or instruction issued to employees regarding the implementation of this subtitle4 7,k7 ,subpoena authority 7i7 ,in general ,the ,ombudsperson may-- 7,i7 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 7,,ii7 compel by subpoena1 at a specified time and place-- 7aa7 the appearance and sworn testimony of an individual who the ,ombudsperson reasonably believes may be able to provide information relating to a matter under investigation2 and 7bb7 the production by an individual of a record of an object that the ,ombudsperson reasonably believes may relate to a matter under investigation4 7ii7 ,effect of failure to comply ,in the case of an individual who fails to comply with a subpoena issued under this subparagraph1 the ,ombudsperson may commence a civil action in an appropriate court4 7,l7 ,additional duties ,the ,ombudsperson shall-- 7i7 develop notices of rights1 as described in sections #dae7;d77#e7 and #dba2 7ii7 review training materials1 as described in section #dbb7;d77#d72 7iii7 conduct reviews of decisions in placement review hearings1 as described in section #dcb7;b77#f72 7iv7 conduct reviews of decisions in sponsorship hearings1 as described in section #dce7;b77#c77;,h72 7v7 regularly review data collected under section #dgb2 and 7vi7 track and monitor processing times and length of custody for noncitizen children in immigration custody4 7d7 ,access 7#a7 ,facilities 7,a7 ,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 detained4 7,b7 ,information collection for site visits ,for each site visit conducted by the ,ombudsperson1 facility staff shall provide a list of the unaccompanied noncitizen children housed in the facility1 including their names1 alien registration numbers1 dates of birth1 dates of apprehension1 and the dates of facility placement-- 7i7 in the case of an announced site visit1 not less than #dh hours before the arrival of the ,ombudsperson2 and 7ii7 in the case of an unannounced site visit1 on the arrival of the ,ombudsperson4 7,c7 ,private and confidential space ,a facility shall provide a private and confidential space in which the ,ombudsperson may interview unaccompanied noncitizen children and staff4 7,d7 ,delegation ,the ,ombudsperson may designate #a or more individuals from outside the ,ombudperson's office to conduct site visits and interview detained children4 7#b7 ,information ,on request by the ,ombudsperson1 the ,secretary shall ensure1 not later than #dh hours after receipt of the request1 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 a noncitizen child2 and 7,b7 the written policies and procedures of all childcare facilities4 7#c7 ,definition of unobstructed access ,in this subsection1 the term unobstructed access means-- 7,a7 with respect to a facility1 the ability-- 7i7 to enter the facility at any time1 including unannounced1 to observe and inspect all areas of the facility2 7ii7 to communicate privately and without restriction with any child1 caregiver1 facility staff1 or volunteer2 and 7iii7 to obtain1 review1 and reproduce any-- 7,i7 record of a child1 staff member1 or caregiver2 7,,ii7 administrative record1 policy1 or document of any facility2 7,,iii7 licensing record maintained by the applicable ,federal or ,state agency2 or 7,,iv7 record1 including a confidential record1 of a ,federal or ,state agency or any contractor of a ,federal or ,state agency1 except sealed court records1 production of which may only be compelled by subpoena2 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 or the ,secretary of ,homeland ,security1 as applicable4 7e7 ,confidentiality 7#a7 ,identity of complainants and witnesses ,the ,ombudsperson shall maintain confidentiality with respect to the identities of complainants or witnesses coming before the ,office1 except if such a disclosure is necessary-- 7,a7 to carry out the duties of the ,ombudsperson2 and 7,b7 to support recommendations made in individual cases1 annual reports1 or other reports4 7#b7 ,records ,in accordance with relevant ,federal and ,state law1 the ,ombudsperson may not disclose a confidential record4 7#c7 ,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 duties1 except as the ,ombudsperson considers necessary to enforce this subtitle or the amendments made by this subtitle4 7#d7 ,subpoena and discovery ,the records of the ,office1 including notes1 drafts1 and records obtained from an individual1 a provider1 or an agency during intake1 review1 or investigation of a complaint1 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 proceeding1 except as the ,ombudsperson considers necessary to enforce this subtitle or the amendments made by this subtitle4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #dgb4 ,data collection and reporting 7a7 ,department of ,homeland ,security 7#a7 ,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 ,security4 7#b7 ,frequency and submission of data collected 7,a7 ,in general ,not less frequently than weekly1 the ,secretary of ,homeland ,security shall-- 7i7 collect the information described in paragraph 7#c7 from each district office and ,border ,patrol station2 and 7ii7 submit such data to-- 7,i7 the ,ombudsperson2 and 7,,ii7 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 ,representatives4 7#c7 ,information described ,the information described in this paragraph is the following3 7,a7 ,individual data ,for each noncitizen child in the custody of the ,secretary of ,homeland ,security1 the following3 7i7 ,biographical information1 including full name1 date of birth1 country of citizenship1 preferred language1 and alien number4 7ii7 ,the date the child was apprehended and placed in such custody4 7iii7 ,the date and the time the child was released or transferred from such custody and to whom the child was so released or transferred4 7iv7 ,for each accompanying family member of the child or other adult the child identifies as a previous caregiver1 biographical and contact information4 7v7 ,an indication as to whether the child arrived in the company of a family member other than a parent or legal guardian1 and in the case of a separation from that family member1 a justification for the separation4 7,b7 ,aggregated data 7i7 ,the number of children in the custody of the ,secretary of ,homeland ,security as of the last day of each calendar month1 calculated to include all such children1 disaggregated by-- 7,i7 facility2 and 7,,ii7 ,border ,patrol sector4 7ii7 ,the largest number of children concurrently held in such custody1 calculated to include all such children1 and the #a or more dates on which such largest number occurred1 disaggregated by-- 7,i7 facility2 and 7,,ii7 ,border ,patrol sector4 7iii7 ,the median and average number of hours in such custody for each such child1 calculated to include all such children1 disaggregated by-- 7,i7 facility2 and 7,,ii7 ,border ,patrol sector4 7#d7 ,publication ,not less frequently than monthly1 the ,secretary of ,homeland ,security shall publish on a publicly accessible internet website of the ,department of ,homeland ,security the following3 7,a7 ,the figures for the data collected under paragraph 7#c77;,b77i74 7,b7 ,for the preceding calendar month1 the figures for the data collected under clauses 7ii7 and 7iii7 of paragraph 7#c77;,b74 7b7 ,office of ,refugee ,resettlement 7#a7 ,in general ,to support the data collection and monitoring duties of the ,ombudsperson and to facilitate public monitoring1 the ,director shall-- 7,a7 develop a systemic data collection system to collect and maintain relevant demographic information that is pertinent to serving-- 7i7 the population of unaccompanied noncitizen children in the custody of the ,secretary of ,health and ,human ,services2 and 7ii7 children who have been released from such custody with services pending2 7,b7 not less than every #c years1 review the data collected1 the categorization of such data1 the information architecture for organizing and analyzing such data1 any safety concern relating to the collection of such data1 and the method for obtaining or collecting such data under such system2 7,c7 7i7 as appropriate1 revise such system to make improvements in service delivery to unaccompanied noncitizen children2 and 7ii7 if such system is so revised1 ensure the continuity of comparative data from periods before and after the revision2 and 7,d7 ensure the ongoing functioning and use of such system by the ,office of ,refugee ,resettlement4 7#b7 ,frequency of data collected ,not less frequently than weekly1 the ,director shall-- 7,a7 collect from each childcare facility the information described in paragraph 7#c72 and 7,b7 maintain such information in the system described in paragraph 7#a77;,a74 7#c7 ,information described ,the information described in this paragraph is the following3 7,a7 ,individual data ,for each unaccompanied noncitizen child in the custody of the ,secretary of ,homeland ,security-- 7i7 biographical information1 including full name1 date of birth1 country of citizenship1 preferred language1 and alien number2 7ii7 the date the child was apprehended and placed in such custody of the ,secretary of ,homeland ,security2 7iii7 the date the child was placed in the custody of the ,secretary of ,health and ,human ,services2 7iv7 the date on which the child was placed in a childcare facility1 or transferred between childcare facilities1 as applicable1 and the name and location of each childcare facility2 7v7 in the case of a child placed in a residential treatment center1 therapeutic childcare facility1 staff-secure facility1 or out-of-network facility1 a justification for such placement2 7vi7 the status of the child's family reunification process1 including-- 7,i7 a record of the #a or more case managers who have worked on the child's case1 including a description of the work performed2 7,,ii7 in the case of a child who is released or discharged from the custody of the ,secretary of ,health and ,human ,services-- 7aa7 the date of release or discharge2 7bb7 the name of the individual to whom the child was released1 as applicable2 and 7cc7 the reason for release or discharge2 and 7,,iii7 in the case of a child removed from the ,united ,states1 the date of removal and the country to which he or she was removed1 regardless of whether a child was removed directly from the custody of the ,secretary of ,health and ,human ,services2 and 7vii7 the number of occasions on which the operator of a childcare facility or an influx facility contacted law enforcement with respect to the child1 as applicable1 and the justification for each such contact4 7,b7 ,facility data ,for each childcare facility or influx facility funded by the ,department of ,health and ,human ,services-- 7i7 the median length of stay for unaccompanied noncitizen children placed at the facility2 7ii7 for children who have been released to sponsors1 the median amount of time spent by such children in the custody of the ,secretary of ,health and ,human ,services before release2 7iii7 the utilization rate of the facility 7excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement1 expressed as a percentage72 7iv7 the percentage of unaccompanied noncitizen children transferred from the facility to any other facility1 calculated on a rolling basis2 and 7v7 the number and type of child abuse or neglect allegations against facility staff or against other children in the facility1 and the number of such allegations substantiated4 7,c7 ,national capacity data 7i7 ,in general ,for all childcare facilities and influx facilities1 in the aggregate-- 7,i7 the number of pending beds2 and 7,,ii7 the number of delivered beds1 disaggregated by-- 7aa7 beds occupied by unaccompanied noncitizen children2 7bb7 unoccupied beds available for potential use by unaccompanied noncitizen children2 and 7cc7 unavailable beds that are funded but cannot receive children4 7ii7 ,definitions ,in this subparagraph3 7,i7 ,delivered bed ,the term delivered bed means a bed delivered to the ,department of ,health and ,human ,services for use by an unaccompanied noncitizen child4 7,,ii7 ,pending bed ,the term pending bed means a bed-- 7aa7 to be provided to the ,department of ,health and ,human ,services for use by an unaccompanied noncitizen child that is funded by a grant1 cooperative agreement1 contract1 or any other means2 but 7bb7 that is not yet a delivered bed4 7,d7 ,family reunification data ,for all unaccompanied noncitizen children in the custody of the ,secretary of ,health and ,human ,services-- 7i7 the median time-to-release1 disaggregated by-- 7,i7 children released to parents or legal guardians2 7,,ii7 children released to other sponsors2 7,,iii7 children who have home studies mandated by section #bce of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7,,iv7 children granted home studies through the discretion of the ,director2 and 7,v7 all other children2 and 7ii7 the number of children who have been in such custody for more than #ij days1 disaggregated by-- 7,i7 children placed in therapeutic foster care2 7,,ii7 children placed in long-term foster care2 and 7,,iii7 children in placements that are not therapeutic foster care or long-term foster care4 7,e7 ,comprehensive national data 7i7 ,the number and characteristics of children placed in and exiting the custody of the ,secretary of ,health and ,human ,services4 7ii7 ,the status of the unaccompanied noncitizen child population1 including the number of such children in such custody1 age cohorts of such children1 length of placements1 types of placements1 location in-network or out-of-network1 and goals for reunification by sponsor or placement type4 7iii7 ,the number and percentage of unaccompanied noncitizen children designated for and receiving any of the following3 7,i7 ,mandatory home studies4 7,,ii7 ,discretionary home studies4 7,,iii7 ,post-release services4 7iv7 ,the number and percentage of unaccompanied noncitizen children held in a facility funded by the ,office of ,refugee ,resettlement with more than #be other unaccompanied noncitizen children4 7v7 ,the number and percentage of unaccompanied noncitizen children with special needs or disabilities 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb774 7vi7 ,for each type of childcare facility and each influx facility-- 7,i7 the average national case manager-to-child ratio2 and 7,,ii7 the national utilization rate 7excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement1 expressed as a percentage74 7vii7 ,the number of such facilities alleged and found to be out of compliance with the facility standards under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 7viii7 ,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 ,services1 counted and categorized in accordance with the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 7ix7 ,the rate of compliance with subparagraphs 7,a7 and 7,b7 of section #dcd7;a77#b74 7,f7 ,further population and general characteristics data 7i7 ,in general 7,i7 ,the general status and characteristics of the population of unaccompanied noncitizen children and their family members4 7,,ii7 ,the general quality and speed of the placement process1 and information on post-placement outcomes4 7,,iii7 ,barriers to release for such children1 including relevant cross-tabulations with other collected data4 7,,iv7 ,an identification of children who are vulnerable to or victims of human trafficking4 7,v7 ,the general status and characteristics of facilities funded by the ,office of ,refugee ,resettlement for the purpose of the care of unaccompanied noncitizen children4 7,,vi7 ,the rate of increase or decrease in childcare facility usage1 such that cross-facility comparisons are useful or systemwide seasonal variations may be anticipated4 7,,vii7 ,aggregate measures that allow comparison between facilities by size1 placement type1 and any other appropriate factor of number and type of child abuse or neglect allegations against staff or against other children4 7ii7 ,collection standards ,the ,director shall develop and implement standards for the collection of the information described in clause 7i74 7#d7 ,submission of data and information ,not less frequently than weekly1 the ,director shall submit1 in a manner that corresponds with publication under paragraph 7#f71 the information described in paragraph 7#c7 for the preceding week to-- 7,a7 the ,ombudsperson2 and 7,b7 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 ,representatives4 7#e7 ,additional requirements 7,a7 ,reliability and consistency of data collection system ,the data collection system developed and implemented under paragraph 7#a7 shall-- 7i7 ensure that-- 7,i7 data collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies2 and 7,,ii7 publicly available data remains reliable and consistent over time1 unless-- 7aa7 the removal of data from the public domain protects individuals or groups of individuals from harm or potential harm2 or 7bb7 a modification to a definition or methodology is necessary to allow the ,office of ,refugee ,resettlement to serve unaccompanied noncitizen children better1 individually or as a group2 and 7ii7 for the information described in paragraph 7#c77;,f71 include metadata with respect to whether1 and in what form1 such information may be made available to the public1 with the presumption that information shall be made available to the public-- 7,i7 in the least restricted form that protects individual privacy2 and 7,,ii7 on the same internet website used for publication under paragraph 7#f74 7,b7 ,incentives ,the ,director shall use appropriate requirements and incentives to ensure that the data collection system developed and implemented under paragraph 7#a7 functions reliably throughout the ,united ,states4 7#f7 ,publication 7,a7 ,monthly report 7i7 ,in general ,not less frequently than monthly1 the ,director shall publish on a publicly accessible internet website of the ,office of ,refugee ,resettlement the following3 7,i7 ,as of the last day of the preceding calendar month1 the figures for the data collected under subparagraphs 7,c71 7,d77ii71 and 7,e77ii7 of paragraph 7#c74 7,,ii7 ,for each calendar month1 the figures for the data collected under subparagraphs 7,d77i71 7,e77i71 7,e77v71 and 7,e77vi7 of paragraph 7#c74 7,,iii7 ,if an influx facility1 an emergency facility1 or any other unlicensed facility is in operation to house noncitizen children1 the figures for the data collected under paragraph 7#c77;,e77ix7 and any other data required to ensure oversight and transparency under section #ddf4 7,,iv7 ,the data and measures described in paragraph 7#c77;,f7 for which new or continuing publication is-- 7aa7 in the public interest2 or 7bb7 required under paragraph 7#e77;,a74 7,v7 ,a description of any change between the information reported under subclauses 7,i7 through 7,,iv7 for the reporting period and such information reported for the preceding reporting period4 7ii7 ,aggregation of data ,the information published under clause 7i7 shall be aggregated so as to facilitate uniform monthly reporting4 7,b7 ,annual report 7i7 ,in general ,not less frequently than annually1 the ,director shall publish on a publicly accessible internet website of the ,office of ,refugee ,resettlement the following3 7,i7 ,as of the last day of each fiscal year1 the figures for the data collected under subparagraphs 7,e77iii71 7,e77v71 7,e77vii71 and 7,e77viii7 of paragraph 7#c74 7,,ii7 ,the data and measures described in paragraph 7#c77;,f7 for which new or continuing publication is-- 7aa7 in the public interest2 or 7bb7 required under paragraph 7#e77;,a74 7,,iii7 ,a description of any change between the information reported under subclauses 7,i7 and 7,,ii7 for the reporting period and such information reported for the preceding reporting period4 7ii7 ,aggregation of data ,the information published under clause 7i7 shall be aggregated so as to facilitate uniform annual reporting4 7c7 ,ombudsperson review of data ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall-- 7#a7 ensure that the ,ombudsperson-- 7,a7 has access to all real-time data regarding noncitizen children in immigration custody2 and 7,b7 is able to independently and regularly review data collected by the ,department of ,health and ,human ,services and the ,department of ,homeland ,security with respect to such children2 7#b7 respond in a timely manner to inquiries from the ,ombudsperson with respect to such data2 and 7#c7 promptly take any necessary corrective action with respect to the accuracy and integrity of such data4 #dgc4 ,enforcement 7a7 ,audits 7#a7 ,in general ,not less frequently than annually1 the ,director shall conduct an audit of each childcare facility1 which shall include a site visit-- 7,a7 to assess compliance of the childcare facility with the requirements of this subtitle2 and 7,b7 to determine whether the operator of the childcare facility continues to be a ,state-licensed program4 7#b7 ,report to ,ombudsperson ,not later than #g days after the date on which the ,director completes an audit under subsection 7a71 the ,director shall submit to the ,ombudsperson a report on the audit1 including a description of any corrective action required to bring the childcare facility into compliance4 7b7 ,violations 7#a7 ,notification ,with respect to a childcare facility found to be in violation of this subtitle1 the ,director shall provide the ,state-licensed program concerned with a written notification of each deficiency4 7#b7 ,appeal 7,a7 ,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 program4 7,b7 ,no new referrals ,during the pendency of an appeal under subparagraph 7,a71 the childcare facility may not receive new placements of unaccompanied noncitizen children4 7#c7 ,debarment ,consistent with the ,federal ,acquisition ,regulation1 any operator of a childcare facility that fails to maintain an appropriate ,state license or meet the standards set forth in this subtitle shall be debarred or suspended from contracting with the ,secretary for not less than #c years4 7c7 ,civil action 7#a7 ,in general ,an unaccompanied noncitizen child or the parent1 legal guardian1 or prospective sponsor of such a child alleging noncompliance by a ,state-licensed program with the standards and procedures set forth in this subtitle for childcare facilities may commence a cause of action in a district court of the ,united ,states that has venue over the matter4 7#b7 ,venue ,venue for an action under paragraph 7#a7 may be found in-- 7,a7 the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located2 or 7,b7 the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located4 7d7 ,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 parent1 legal guardian1 or prospective sponsor seeking such review4 7e7 ,interference with ,ombudsperson ,an employee of a ,federal or ,state agency1 a contractor of a ,federal or ,state agency1 or a care provider who intentionally prevents1 interferes with1 or attempts to impede the work of the ,ombudsperson shall be subject to a civil penalty1 which shall be not more than #b1ejj for each violation4 7f7 ,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 has1 in the conduct of official duties1 breached the duty of care or engaged in misconduct1 the ,ombudsperson shall refer the matter to the head of such ,federal or ,state agency1 a grand jury1 or other appropriate official or agency4 7g7 ,criminal penalty for discrimination or retaliation ,a violation of section #dgd or any provision of part ,,vii shall be a misdemeanor4 #dgd4 ,protection from retaliation 7a7 ,in general ,the ,director may not-- 7#a7 take an adverse action against an ,office of ,refugee ,resettlement-funded legal services provider1 child advocate program1 or any other entity based on the legal services provider1 child advocate program1 or other entity having pursued judicial review or a civil action under this subtitle1 or any civil action in a ,state court1 on behalf of an unaccompanied noncitizen child or the parent1 legal guardian1 or prospective sponsor of such a child2 or 7#b7 discourage1 interfere in1 or withdraw funds from any ,office of ,refugee ,resettlement-funded legal services provider1 child advocate program1 or any other entity that-- 7,a7 pursues judicial review or a civil action under this subtitle1 or any civil action in ,state court1 to challenge the conditions of such a child's custody or the denial of release from custody2 or 7,b7 assists such a child or the parent1 legal guardian1 or prospective sponsor of such a child to so challenge4 7b7 ,protection for individuals filing complaints with ,ombudsperson ,an employee of a ,federal or ,state agency1 a contractor for a ,federal or ,state agency1 or a care provider shall not retaliate against any individual for having filed a complaint with1 or provided information to1 the ,ombudsperson4 7c7 ,protections for noncitizen children reporting discrimination ,noncitizen children in immigration custody may not be retaliated against for reporting discrimination1 filing a charge of discrimination1 or participating in a discrimination investigation or lawsuit4 #dge4 ,mandatory access to detention facilities for ,members of ,congress 7a7 ,in general ,subject to subsection 7c71 the ,secretary concerned shall allow a ,member of ,congress to tour any facility in which #a or more detained individuals are housed1 including unaccompanied noncitizen children1 at a time between #h3jj a4m4 and #g3jj p4m4 on a date requested by the ,member of ,congress if1 not later than #bd hours before the date requested in the case of a ,department of ,homeland ,security facility1 or not later than #b business days before the date requested in the case of a ,department of ,health and ,human ,services facility1 the ,secretary concerned receives written notice from the ,member of ,congress that includes-- 7#a7 the name of the facility2 and 7#b7 the date on which the ,member of ,congress intends to tour the facility4 7b7 ,accompanying members of the press 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary concerned shall allow #a or more members of the press to accompany a ,member of ,congress on a tour of a facility under this section4 7#b7 ,limitations 7,a7 ,still or video cameras ,the ,secretary concerned shall not be required to allow a member of the press to enter a facility under paragraph 7#a7 with a still or video camera4 7,b7 ,personally identifying information ,as a condition of entering a facility under paragraph 7#a71 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 child4 7c7 ,limitation ,the ,secretary concerned may limit a tour under subsection 7a7 to-- 7#a7 in the case of a facility that houses not more than #ej unaccompanied noncitizen children-- 7,a7 not more than #e ,members of ,congress2 and 7,b7 accompanying members of the press under subsection 7b72 and 7#b7 in the case of a facility that houses more than #ej detained individuals1 including unaccompanied noncitizen children-- 7,a7 not more than #aj ,members of ,congress2 and 7,b7 accompanying members of the press under subsection 7b74 7d7 ,definition of ,secretary concerned ,in this section1 the term ,secretary concerned means1 as applicable-- 7#a7 the ,secretary of ,homeland ,security2 or 7#b7 the ,secretary of ,health and ,human ,services4 ,,vii ,nondiscrimination #dgf4 ,fair and equal treatment 7a7 ,in general ,all noncitizen children in immigration custody shall be treated fairly and equally and provided with inclusive1 safe1 and nondiscriminatory services4 7b7 ,freedom from discrimination 7#a7 ,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 race1 ethnic group identification1 ancestry1 national origin1 color1 religion1 sex 7including sexual orientation1 gender identity1 and expression71 language1 mental or physical disability1 or ,,hiv status4 7#b7 ,provision of services ,services provided to noncitizen children under this subtitle shall be delivered in a manner that is sensitive to the age1 culture1 native language1 and complex needs of each noncitizen child4 7c7 ,rule of construction ,nothing in this part shall be construed to diminish any protection under any other ,federal or ,state anti-discrimination law4 #dgg4 ,responsibilities of care providers 7a7 ,in general ,during the entire period in which a noncitizen child is held in immigration custody1 the child's care providers shall ensure that the child-- 7#a7 is treated and served fairly and equally2 7#b7 is treated with dignity and respect2 7#c7 is cared for in an inclusive and respectful environment2 and 7#d7 is not subject to discrimination or harassed based on actual or perceived characteristics4 7b7 ,special considerations ,during the entire period in which a noncitizen child is held in immigration custody1 the child's care providers-- 7#a7 in the case of an noncitizen indigenous child1 in partnership with the noncitizen indigenous child and1 to the extent practicable1 the parents1 extended family1 and members of the cultural community of the child1 shall make active efforts to maintain the child's connections to culture1 tradition1 and prevailing indigenous lifeways1 including through culturally appropriate programs and services2 7#b7 shall maintain privacy and confidentiality of information relating to the child's sexual orientation and gender identity2 7#c7 shall use the child's correct names and pronouns corresponding to the child's gender identity2 and 7#d7 in the case of an ,,lgbtqi child-- 7,a7 shall-- 7i7 ensure that the child is housed according to an assessment of the child's gender identity and housing preference1 health and safety needs1 and ,state and local licensing standards2 7ii7 offer an individualized assessment to determine whether additional or alternate restroom accommodations should be provided2 7iii7 allow the child to dress and express themselves according to their gender identity2 7iv7 allow the child to choose the gender of staff that will conduct a pat-down search if such a search is necessary2 and 7v7 consider the child's gender self-identification and the effects of a housing assignment on the child's health and safety2 and 7,b7 shall not-- 7i7 label the child as a likely abuser or punish the child for the child's sexual orientation1 gender identity1 or gender expression2 or 7ii7 isolate or involuntarily segregate the noncitizen child solely because of the child's sexual orientation1 gender identity1 or gender expression4 ,,viii ,information sharing and data protection #dha4 ,separation of records ,the ,director shall ensure that-- 7#a7 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 7commonly known as ,a-,files72 and 7#b7 such case files and records are not accessible by the ,department of ,homeland ,security4 #dhb4 ,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-- 7#a7 to deny any application for relief2 or 7#b7 to facilitate involuntary removal in any proceeding1 including expedited removal1 reinstatement of removal1 and proceedings under section #cfb or #cfe of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfe1 #bfh74 #dhc4 ,disclosure 7a7 ,informed consent required 7#a7 ,in general ,the personal information and ,office of ,refugee ,resettlement case file and records of an unaccompanied noncitizen child-- 7,a7 shall be confidential2 and 7,b7 subject to paragraph 7#b71 may only be disclosed if the child has-- 7i7 consulted with the child's legal counsel2 and 7ii7 provided informed consent for disclosure4 7#b7 ,children under #ab years of age ,in the case of an unaccompanied noncitizen child under the age of #ab years1 only the parent1 legal guardian1 or sponsor may provide consent for disclosure of the personal information or ,office of ,refugee ,resettlement case file of the child4 7#c7 ,subsequent disclosure prohibited ,once disclosed1 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-- 7,a7 consulted with his or her legal counsel2 and 7,b7 provided informed consent for disclosure4 #dhd4 ,prohibition on information sharing 7a7 ,child in custody and prospective sponsors ,the ,director may not provide any information about an unaccompanied noncitizen child in the custody of the ,secretary1 or prospective sponsors1 to the ,attorney ,general or the ,secretary of ,homeland ,security without consent of the unaccompanied noncitizen child concerned or the prospective sponsor1 as applicable1 and the legal counsel of the child or sponsor1 respectively4 7b7 ,immigration enforcement 7#a7 ,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 prohibited4 7#b7 ,explanation for prospective sponsors ,the ,director shall ensure that ,office of ,refugee ,resettlement communications with sponsors and prospective sponsors1 including the family reunification application packet1 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 consent4 7c7 ,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 prohibited4 7d7 ,exceptions 7#a7 ,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 #h of title #ac1 ,united ,states ,code4 7#b7 ,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 information4 7#c7 ,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 information4 7#d7 ,eligibility for benefits ,the ,secretary may disclose information to ,federal1 ,state1 and local public and private agencies providing benefits1 to be used solely in making determinations of eligibility for benefits pursuant to section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda74 7#e7 ,adjudication of applications for relief ,government entities adjudicating applications for relief under the immigration laws and government personnel carrying out mandated duties under section #aja7;i77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;i77#a771 may1 with the prior written consent of the noncitizen involved1 communicate with nonprofit1 nongovernmental victims' service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise in working with immigrant victims4 ,agencies receiving referrals are bound by the provisions of this section4 ,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 applicant4 7e7 ,rule of construction ,subsections 7a71 7b71 and 7c7 shall not be construed as preventing-- 7#a7 disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information2 or 7#b7 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 ,representatives1 for the exercise of congressional oversight authority1 information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information 7including locational information about individuals74 #dhe4 ,counseling records 7a7 ,in general ,subject to subsection 7b71 information shared by an unaccompanied noncitizen child in counseling sessions1 and written records and notes of counseling sessions1 may not be shared with the child's case management specialist or any other employee of the ,office of ,refugee ,resettlement1 the ,department of ,health and ,human ,services1 the ,department of ,justice1 or the ,department of ,homeland ,security4 7b7 ,disclosure ,the information1 records1 and notes described in subsection 7a7 may be shared-- 7#a7 with an employee described in that subsection only if the child presents a documented imminent threat to himself or herself or to any other individual2 or 7#b7 with the ,department of ,justice or the ,department of ,homeland ,security if the child has-- 7,a7 consulted with his or her legal counsel2 and 7,b7 provides informed consent for the disclosure4 7c7 ,juvenile information 7#a7 ,in general ,juvenile information1 including records of children separated from family1 shall remain confidential regardless of the child's immigration status4 7#b7 ,rule of construction ,nothing in this subtitle may be construed as authorizing-- 7,a7 the disclosure of juvenile information to ,federal officials absent a court order of the judge of the juvenile court on filing a petition2 7,b7 the dissemination of juvenile information to1 or by1 ,federal officials absent a court order of the judge of the juvenile court on filing a petition2 7,c7 the attachment of juvenile information to any other document given to1 or provided by1 ,federal officials absent prior approval of the presiding judge of the juvenile court2 or 7,d7 any disclosure that would otherwise violate this subtitle4 7#c7 ,definition of juvenile information ,in this section1 the term juvenile information includes the juvenile case file and information related to a noncitizen child 7including the name1 date1 and place of birth of the child1 the child's health and education records1 and the immigration status of the child7 that is-- 7,a7 obtained or created independent of1 or in connection with1 immigration1 asylum1 or juvenile court proceedings of which the child is a subject2 and 7,b7 maintained by any ,federal or ,state agency1 including a court1 probation office1 child welfare agency1 or law enforcement agency4 #dhf4 ,data protection for sponsors 7a7 ,in general ,with respect to any information required of sponsors or prospective sponsors or any data collected in pursuit of sponsorship1 the following protections shall apply3 7#a7 ,such information and data-- 7,a7 may not be disclosed for any purpose or effect other than reunification of the family unit1 placement of a child with a sponsor1 or oversight by ,congress2 7,b7 shall be immune from legal process2 and 7,c7 shall not1 without the consent of the sponsor or prospective sponsor concerned1 be admitted as evidence or used for any purpose in any action1 suit1 or other judicial or administrative proceeding4 7#b7 ,the ,secretary or any other officer or employee of the ,department of ,health and ,human ,services may not-- 7,a7 use such information or data for any purpose other than for purposes of reunification under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7,b7 make any publication in which such information or data can be identified2 or 7,c7 permit any individual other than the sworn officers and employees of the ,department of ,health and ,human ,services to examine such information or data4 ,b ,real ,courts1 ,rule of ,law ,act of #bjbf #dia4 ,short title ,this subtitle may be cited as the ,real ,courts1 ,rule of ,law ,act of #bjbf4 #dib4 ,establishment and structure of the ,united ,states ,immigration ,courts 7a7 ,united ,states ,immigration ,courts ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by adding at the end the following3 ,,vi ,,united ,,states ,,immigration ,,courts ,a ,organization and ,jurisdiction #fja4 ,establishment and structure 7a7 ,establishment 7#a7 ,in general ,there is established1 under ,article ,i of the ,constitution of the ,united ,states1 a system of courts of record1 which shall be known as the ,united ,states ,immigration ,courts 7referred to in this title as the ,immigration ,courts74 ,each such court of record may be referred to as an immigration court4 ,the ,immigration ,courts is not an agency of1 and shall be independent of1 the executive branch of the ,united ,states ,government4 7#b7 ,divisions ,the ,immigration ,courts shall consist of an appellate division1 a trial division1 and an administrative division4 7#c7 ,court offices ,the principal office of the ,immigration ,courts shall be in the ,washington1 ,district of ,columbia metropolitan area1 but each immigration court may sit at any place within the ,united ,states4 7#d7 ,court seal ,the ,immigration ,courts shall have a seal1 which shall be judicially noticed4 7b7 ,appellate division 7#a7 ,in general ,the appellate division of the ,immigration ,courts shall be composed of #ba immigration appeals judges1 #a of whom shall serve as chief judge1 in accordance with paragraph 7#c74 7#b7 ,appointment of immigration appeals judges 7,a7 ,in general ,each immigration appeals judge shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 in accordance with the requirements under section #fjb4 7,b7 ,term of office ,each immigration appeals judge shall be appointed for a term of #ae years and may be reappointed for additional #ae-year terms4 ,an immigration appeals judge who is not reappointed for an additional term may continue to serve after the expiration of the prior term until the earlier of-- 7i7 the date on which his or her successor is appointed2 or 7ii7 the date that is #a year after the expiration of the prior term4 7,c7 ,special rule ,if an immigration appeals judge does not serve the entirety of an appointed term1 the resulting vacancy shall be filled by a successor appointed for the remainder of the term in accordance with this paragraph4 ,at the conclusion of such term1 such successor may be reappointed in accordance with subparagraph 7,b74 7#c7 ,chief judge 7,a7 ,designation 7i7 ,in general ,the chief judge shall be the immigration appeals judge who is most senior in appointment among the immigration appeals judges who1 at that time of appointment to the appellate division-- 7,i7 have served for #a or more years2 7,,ii7 have at least #e years remaining in their term of office as an immigration appeals judge2 and 7,,iii7 have not previously served as chief judge4 7ii7 ,acting chief judge ,if no immigration appeals judge in regular active service satisfies all of the requirements under clause 7i71 the immigration appeals judge who is most senior in commission and who has not previously served as chief judge shall serve as acting chief judge until an immigration appeals judge becomes eligible under such clause4 7iii7 ,precedence ,immigration appeals judges who have the same seniority in commission shall be eligible for service as chief judge according to seniority in age4 7,b7 ,term of office 7i7 ,in general ,except as provided in clause 7ii71 the chief judge shall serve a term that shall end on the earliest of-- 7,i7 the date that is #e years after the date such term begins2 7,,ii7 the date on which the chief judge is removed from service for cause in accordance with section #fjb7;f72 7,,iii7 the date on which the chief judge leaves regular active service as an immigration appeals judge2 and 7,,iv7 the date on which the chief judge provides written notice to the other immigration appeals judges that such judge is resigning from service as chief judge4 7ii7 ,continuation of service ,if1 upon conclusion of the chief judge's term of office1 as described in clause 7i77,i71 no other immigration appeals judge is eligible to assume the role of chief judge1 as provided under subparagraph 7,a71 the incumbent shall continue to serve as chief judge until another immigration appeals judge becomes eligible4 7#d7 ,en banc exercise of appellate division authority in non-adjudicative matters 7,a7 ,in general ,the appellate division shall exercise its en banc authority-- 7i7 to appoint immigration trial judges to the trial division2 7ii7 to remove immigration trial judges in accordance with section #fjb7;f72 7iii7 to appoint a chief administrative officer to the administrative division2 7iv7 to promulgate rules and set policies and procedures of the ,immigration ,courts2 and 7v7 to address other non-adjudicative matters that require en banc consideration1 as determined by the chief judge4 7,b7 ,majority vote ,the appellate division shall exercise its en banc authority as provided under subparagraph 7,a7 by a majority vote1 a quorum being present4 7,c7 ,quorum ,for purposes of this paragraph1 not fewer than #c immigration appeals judges in regular active service or #b_/c of all immigration appeals judges in regular active service1 whichever is greater1 shall constitute a quorum4 7c7 ,trial division 7#a7 ,in general ,the trial division of the ,immigration ,courts shall be composed of immigration trial courts1 the number and geographical location of which shall be determined by the administrative council1 in accordance with the procedures described in subsection 7d77#c77;,b74 ,each immigration trial court shall be overseen by a chief trial judge4 7#b7 ,appointment of immigration trial judges 7,a7 ,in general ,except as provided in section #fjc1 each immigration trial judge shall be appointed by the appellate division in accordance with the requirements described in section #fjb4 7,b7 ,term of office ,each immigration trial judge shall be appointed for a term of #ae years and may be reappointed for additional #ae-year terms4 ,an immigration trial judge who is not reappointed for an additional term may continue to serve after the expiration of the prior term until the earlier of-- 7i7 the date on which a successor is appointed2 or 7ii7 the date that is #a year after such expiration date4 7#c7 ,chief trial judges 7,a7 ,designation ,the chief judge shall designate #a immigration trial judge to serve as chief trial judge for each geographical area4 ,if only #a immigration trial judge presides over a geographical area1 that judge shall be designated as the chief trial judge for such area4 7,b7 ,term of office ,chief trial judges shall serve in such capacity for an initial term of #e years and may be reappointed for additional #e-year terms1 or a period shorter than #e years1 as determined by the appellate division4 7,c7 ,responsibilities ,in addition to fulfilling regular judicial duties1 chief trial judges shall-- 7i7 oversee the administrative operations of the trial division in the geographical area in which they are located2 and 7ii7 fulfill all other duties and responsibilities assigned to trial judges under this title or delegated to the chief trial judges by the chief judge4 7d7 ,administrative division 7#a7 ,in general ,the administrative division of the ,immigration ,courts shall consist of an administrative office and an administrative council4 7#b7 ,administrative office ,the administrative office shall be managed by a chief administrative officer1 who shall-- 7,a7 implement and administer operational rules1 policies1 and procedures of the ,immigration ,courts established by the appellate division or the administrative council2 7,b7 assist the administrative council in executing the responsibilities described in paragraph 7#c72 and 7,c7 fulfill all other administrative duties and responsibilities described in this title or delegated to the administrative office by the chief judge4 7#c7 ,administrative council 7,a7 ,meetings 7i7 ,annual meeting ,the chief judge of the appellate division shall annually summon the chief trial judge of each court of the trial division to a meeting at such time and place in the ,united ,states as the chief judge may designate4 ,the chief judge shall preside at each such meeting1 which shall be known as the administrative council of the ,immigration ,courts4 7ii7 ,special sessions ,special sessions of the administrative council may be called by the chief judge at such times and places as the chief judge may designate4 7iii7 ,attendance ,if the chief trial judge of any court of the trial division is unable to attend an administrative council meeting1 the chief judge may summon any other judge from such court4 ,every judge so summoned shall attend such meeting and1 unless excused by the chief judge1 shall remain in attendance throughout all of the sessions4 7iv7 ,advisory role ,every judge in attendance at an administrative council shall advise the council regarding the needs of such judge's court and any matters in which the administration of justice in the ,immigration ,courts may be improved4 7,b7 ,determination of number of required judges and geographical areas of service 7i7 ,quadrennial survey ,not later than #a year after the application date 7as defined in section #dif7;a7 of the ,real ,courts1 ,rule of ,law ,act of #bjbf71 and every #d years thereafter1 the administrative council shall conduct a survey1 which shall include the solicitation of information and recommendations from the public1 to determine-- 7,i7 the number of immigration trial courts required to provide for the expeditious and effective administration of justice2 and 7,,ii7 the geographical areas to be served by such courts4 7ii7 ,survey elements ,in conducting each survey under clause 7i71 the administrative council shall-- 7,i7 assess the continuing need for existing immigration trial court positions and the need for additional positions in each geographical location2 7,,ii7 evaluate local conditions in each geographical location1 including the proximity to populations to be served1 the quality and availability of infrastructure to support transportation and communication1 and the availability of legal services for indigent and non-,english speaking individuals2 7,,iii7 consider proximity and access to judicial and ,department of ,homeland ,security facilities2 and 7,,iv7 consider the allocation of immigration trial courts and judges among existing geographical areas and whether the administration of justice would be better served by the presence of immigration trial courts and judges in new or different areas4 7iii7 ,publication of survey results ,the administrative council shall publish the results of the survey conducted pursuant to clause 7i74 7iv7 ,notice of vacancies ,the administrative council shall publish notice of any immigration judge vacancies or new staff positions4 7,c7 ,merit selection panel 7i7 ,appointment of immigration judges ,the administrative council shall establish a merit selection panel to assist in identifying and recommending individuals who are best qualified to serve as immigration judges1 in accordance with subsections 7a71 7b71 and 7c7 of section #fjb4 7ii7 ,composition ,the panel established pursuant to clause 7i7 shall consist of qualified individuals with experience in a diverse range of settings1 including academia1 nongovernmental organizations1 private immigration practice1 and ,government service4 #fjb4 ,immigration appeals judges2 trial judges 7a7 ,qualifications of immigration judges ,each immigration judge shall-- 7#a7 be a member in good standing of the bar of a ,federal court or the highest court of a ,state1 or any combination of such courts1 for not less than #aj years2 7#b7 possess1 and have a reputation for1 integrity and good character2 7#c7 possess1 and have demonstrated1 a commitment to equal justice under the law2 7#d7 possess1 and have demonstrated1 outstanding legal ability and competence1 as evidenced by substantial legal experience1 ability to deal with complex legal problems1 aptitude for legal scholarship and writing1 and familiarity with courts and court processes2 7#e7 exhibit demeanor1 character1 and personality that indicate a judicial temperament2 and 7#f7 be qualified to conduct fair and impartial hearings that are consistent with due process4 7b7 ,additional factors for the appointment of immigration judges ,in appointing immigration judges1 the ,president and the appellate division shall ensure that-- 7#a7 qualified candidates are identified without regard to race1 color1 sex1 religion1 national origin1 disability1 age1 or any other factor protected under ,federal law2 7#b7 to the extent practicable1 the corps of immigration judges-- 7,a7 is comprised primarily of individuals with prior legal experience in immigration law2 and 7,b7 reflects a balance of individuals with prior legal experience in the public sector and private sector2 and 7#c7 candidates are selected without regard to political party affiliation or perceived political ideology4 7c7 ,prohibited relationships ,no individual may be appointed as an immigration trial judge if such individual is related by blood in the first-1 second-1 or third-degree1 or by marriage to an immigration appeals judge in regular active service4 7d7 ,continuing education ,in addition to the training required under section #fjc7;c7 of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fdgc7;c771 all immigration judges shall be required to satisfy continuing education requirements1 as determined by the administrative council4 7e7 ,salaries 7#a7 ,immigration appeals judges ,each immigration appeals judge shall serve on a full-time basis and shall receive1 as compensation for such services1 an annual salary that is equal to the salary of a judge of the district court of the ,united ,states as determined pursuant to section #ace of title #bh1 ,united ,states ,code4 7#b7 ,immigration trial judges ,each immigration trial judge shall serve on a full-time basis and shall receive as compensation for such services1 an annual salary that is equal to #ib percent of the salary of a judge of the district court of the ,united ,states1 as determined pursuant to section #ace of title #bh1 ,united ,states ,code4 7#c7 ,prohibition on the practice of law ,no immigration judge may engage in the practice of law or any other practice1 business1 occupation1 or employment that is inconsistent with the expeditious1 proper1 and impartial performance of such judge's duties4 7f7 ,removal 7#a7 ,in general 7,a7 ,grounds ,an immigration judge may be removed from office only on grounds of incapacity1 misconduct1 neglect of duty1 or having engaged in the practice of law4 7,b7 ,immigration appeals judge ,an immigration appeals judge may be removed from office by the ,president4 7,c7 ,immigration trial judge ,an immigration trial judge may be removed from office by the appellate division4 7,d7 ,notice2 rebuttal ,no immigration judge may be removed from office unless such judge is provided with-- 7i7 notice of the allegations forming the basis for such removal2 and 7ii7 an opportunity to appear in person at a hearing to rebut such allegations4 7#b7 ,complaints 7,a7 ,in general ,the appellate division shall promulgate rules1 consistent with chapter #af of title #bh1 ,united ,states ,code1 for receiving1 investigating1 and resolving complaints regarding the conduct of immigration judges4 ,in investigating and acting upon any such complaint1 the appellate division shall have the powers granted to a judicial council under such chapter4 7,b7 ,judicial conference ,the provisions under sections #ced7;b7 through #cfj of title #bh1 ,united ,states ,code1 regarding referral or certification to1 and petition for review in the ,judicial ,conference of the ,united ,states1 and action thereon1 shall apply to the exercise of the powers of a judicial council by the appellate division4 ,the grounds for removal specified in paragraph 7#a77;,a7 shall provide the basis for a determination to refer a complaint to the ,judicial ,conference1 for further action by the ,conference1 and for certification and transmittal by the ,conference of any complaint to the ,president4 7g7 ,retirement 7#a7 ,mandatory ,all immigration judges shall retire upon attaining #hj years of age4 7#b7 ,permissive ,any immigration judge who meets the age and service requirements set forth in any line of the following table may retire4 ,the immigration judge has attained the following years of age3,the years of service as an immigration judge are at least the following3 #feae #ffad #fgac #fhab #fiaa #gjaj4 7#c7 ,not reappointed ,any immigration judge who is not reappointed following the expiration of the term of his or her office may retire upon the completion of such term if-- 7,a7 such individual has served as an immigration judge for #ae years or more2 and 7,b7 not earlier than #i months preceding the expiration of such term of office and not later than #f months preceding such expiration date1 such individual submitted written notice to the ,president or the appellate division1 as appropriate1 that such individual was willing to accept reappointment as an immigration judge4 7#d7 ,permanent disability ,any immigration judge who becomes permanently disabled to the extent the judge is no longer capable of performing his or her judicial duties shall retire4 7h7 ,retired pay 7#a7 ,in general ,any individual who-- 7,a7 retires pursuant to paragraph 7#a71 7#b71 or 7#c7 of subsection 7g7 and elects under subsection 7i7 to receive retired pay under this subsection shall receive retired pay during any period at a rate which bears the same ratio to the rate of the salary payable to an immigration judge during such period as the number of years he has served as immigration judge bears to #aj1 except that the rate of such retired pay shall not be more than the rate of such salary for such period2 or 7,b7 retires pursuant to subsection 7g77#d7 and elects under subsection 7i7 to receive retired pay under this subsection shall receive retired pay during any period at a rate equal to-- 7i7 the rate of the salary payable to an immigration judge during such period if such individual served as an immigration judge for not less than #aj years2 or 7ii7 #a_/b of the rate of the salary payable to an immigration judge during such period if such individual served as an immigration judge for less than #aj years4 7#b7 ,accrual2 payment ,retired pay for an individual described in paragraph 7#a7-- 7,a7 shall begin to accrue on the day following the day on which the salary of such individual as an immigration judge ceases to accrue2 7,b7 shall continue to accrue during the remainder of the life of such individual2 and 7,c7 shall be paid in the same manner as the salary of an immigration judge4 7#c7 ,rate computation ,in computing the rate of retired pay for an individual described in paragraph 7#a77;,a7-- 7,a7 that portion of the aggregate number of years such individual has served as an immigration judge which is a fractional part of #a year shall be eliminated if it is less than #f months and shall be counted as a full year if it is #f months or more2 and 7,b7 any period during which such individual performs services described in section #fjc on a substantially full-time basis shall be treated as a period during which such individual has served as an immigration judge4 7i7 ,election ,to receive retired pay 7#a7 ,in general ,an immigration judge may elect to receive retired pay in accordance with subsection 7h74 7#b7 ,requirements ,an election under paragraph 7#a7-- 7,a7 may be made only while an individual is an immigration judge1 except for the election of an individual who is not reappointed as an immigration judge at the expiration of the individual's term of office1 which may be made on or before the day on which the individual's successor takes office2 7,b7 once made1 shall be irrevocable1 except as provided in subsection 7m72 7,c7 by any immigration judge other than the chief judge shall be made by filing a written notice with the chief judge2 and 7,d7 by the chief judge shall be made by filing a written notice with the ,office of ,personnel ,management4 7#c7 ,transmittal ,the chief judge shall transmit a copy of each notice filed pursuant to paragraph 7#b77;,c7 to the ,office of ,personnel ,management4 7j7 ,retired pay affected in certain cases 7#a7 #a-year forfeiture for failure to perform judicial duties ,except as provided in paragraph 7#c71 if an individual for whom an election to receive retired pay under subsection 7h7 is in effect fails to perform judicial duties required of such individual under section #fjc during any calendar year1 such individual shall forfeit all rights to retired pay under subsection 7h7 for the #a-year period which begins on the first day on which such individual initially failed to perform such duties4 7#b7 ,suspension of retired pay during period of compensated government service ,any individual for whom an election to receive retired pay under subsection 7h7 is in effect who accepts compensation for civil office or employment with the ,government of the ,united ,states 7other than the performance of judicial duties described in section #fjc7 shall forfeit all rights to retired pay under subsection 7h7 for the period for which such compensation is received4 7#c7 ,forfeitures of retired pay not applicable if individual elects to freeze amount of retired pay 7,a7 ,in general ,if an individual makes an election under this paragraph-- 7i7 paragraph 7#a7 and section #fjc shall not apply to such individual beginning on the date on which such election takes effect2 and 7ii7 the retired pay payable to such individual under subsection 7h7 for periods beginning on or after such effective date shall be equal to the retired pay to which such individual would be entitled without regard to this clause at the time of such election4 7,b7 ,election ,an election under this paragraph-- 7i7 may only be made by an individual who meets the age and service requirements for retirement set forth in the table under subsection 7g77#b72 7ii7 may only be made during the period when such individual-- 7,i7 may make an election to receive retired pay2 or 7,,ii7 is receiving retired pay2 and 7iii7 shall be made in the same manner as the election to receive retired pay4 7,c7 ,effective date ,an election made pursuant to this paragraph shall take effect on the first day of the first month following the month in which such election is made4 7k7 ,coordination with civil service retirement 7#a7 ,general rule ,except as otherwise provided in this subsection1 the provisions of the civil service retirement laws 7including the provisions relating to the deduction and withholding of amounts from basic pay1 salary1 and compensation7 shall apply in respect of service as an immigration judge 7together with other service as an officer or employee to whom such civil service retirement laws apply7 as if this section had not been enacted4 7#b7 ,effect of electing retired pay ,if an individual has filed an election to receive retired pay under subsection 7h7-- 7,a7 no annuity or other payment shall be payable to any person under the civil service retirement laws with respect to any service performed by such individual 7whether performed before or after such election is filed and whether performed as an immigration judge or otherwise72 7,b7 no deduction for purposes of the ,civil ,service ,retirement and ,disability ,fund shall be made from retired pay payable to such individual under subsection 7h7 or from any other salary1 pay1 or compensation payable to such individual1 for any period beginning after the day on which such election is filed2 and 7,c7 such individual shall be paid the lump-sum credit computed under section #hcca7h7 of title #e1 ,united ,states ,code1 upon making an application for such payment with the ,office of ,personnel ,management4 7l7 ,retirement for disability 7#a7 ,certification ,an immigration judge who becomes permanently disabled to the extent the judge is no longer capable of performing his or her judicial duties shall submit a written certification of such disability to the ,president1 or to the appellate division1 as applicable4 ,if the chief judge retires as a result of such disability1 such retirement shall not take effect until the ,president concurs with such retirement4 7#b7 ,declaration ,if an immigration judge who becomes permanently disabled1 as described in paragraph 7#a71 does not retire and the ,president or the appellate division1 as applicable1 determines that such immigration judge is unable to efficiently perform all his or her judicial duties by reason of permanent mental or physical disability and the appointment of an additional immigration judge is necessary for the efficient dispatch of business1 the ,president or the appellate division1 as applicable1 shall declare such immigration judge to be retired4 7m7 ,revocation of election ,to receive retired pay 7#a7 ,in general ,notwithstanding subsection 7i77#b71 an individual who has filed an election to receive retired pay under subsection 7h7 may revoke such election at any time before the first day on which retired pay 7or compensation under section #fjc in lieu of retired pay7 would 7but for such revocation7 begin to accrue with respect to such individual4 7#b7 ,manner of revoking ,any revocation under this subsection shall be made by filing a written notice with the ,director of the ,office of ,personnel ,management1 which shall transmit a copy of each notice filed under this subsection to the chief judge4 7#c7 ,effect of revocation ,if an individual revokes an election pursuant to paragraph 7#a7-- 7,a7 the individual shall be treated1 for purposes of this section1 as not having filed an election to receive retired pay under subsection 7h72 7,b7 no credit shall be allowed for any service as an immigration judge unless1 with respect to such service-- 7i7 there has been deducted and withheld the amount required by the civil service retirement laws2 or 7ii7 there has been deposited in the ,civil ,service ,retirement and ,disability ,fund an amount equal to the amount so required1 with interest2 7,c7 the ,immigration ,courts shall deposit into the ,civil ,service ,retirement and ,disability ,fund an amount equal to the additional amount that would have been contributed to such ,fund absent the election under subsection 7i72 and 7,d7 service on the ,immigration ,courts shall be treated as service with respect to which deductions and contributions had been made during the period of service4 7n7 ,thrift ,savings ,plan 7#a7 ,election to contribute 7,a7 ,in general ,an immigration judge may elect to contribute to the ,thrift ,savings ,plan established under section #hdcg of title #e1 ,united ,states ,code4 7,b7 ,period of election ,an election may be made pursuant to subparagraph 7,a7 only during a period provided under section #hdcb7;b7 of such title for individuals subject to chapter #hd of such title4 7#b7 ,applicability of title #e provisions ,except as otherwise provided under this subsection1 the provisions of subchapters ,,iii and ,,vii of chapter #hd of title #e1 ,united ,states ,code1 shall apply with respect to an immigration judge who makes an election pursuant to paragraph 7#a74 7#c7 ,special rules 7,a7 ,amount contributed ,the amount contributed by an immigration judge to the ,thrift ,savings ,plan in any pay period may not exceed the maximum percentage of such immigration judge's basic pay for such period as allowable under section #hddj;f of title #e1 ,united ,states ,code4 ,basic pay does not include any retired pay paid pursuant to this section4 7,b7 ,contributions for benefit of immigration judge ,no contributions may be made for the benefit of an immigration judge under section #hdcb7;c7 of title #e1 ,united ,states ,code4 7,c7 ,applicability of section #hdcc7;b7 of title #e whether or not immigration judge retires ,section #hdcc7;b7 of title #e1 ,united ,states ,code1 shall apply with respect to an immigration judge who-- 7i7 makes an election described in paragraph 7#a72 and 7ii7 7,i7 retires pursuant to subsection 7g72 or 7,,ii7 ceases to serve as an immigration judge without retiring pursuant to subsection 7g74 7,d7 ,effect of retirement on federal employees' retirement system ,retirement under subsection 7g7 shall be deemed as a separation from service for purposes of subchapters ,,iii and ,,vii of chapter #hd of title #e1 ,united ,states ,code4 7,e7 ,applicability of section #hcea7;b77#e7 of title #e ,the provisions of section #hcea7;b77#e7 of title #e1 ,united ,states ,code1 shall apply with respect to an immigration judge who makes an election under paragraph 7#a74 7,f7 ,exception ,notwithstanding subparagraphs 7,c7 and 7,d71 if any immigration judge retires under this section1 or resigns without having met the age and service requirements set forth in subsection 7g77#b71 and such immigration judge's nonforfeitable account balance is less than the amount that the ,executive ,director of the ,federal ,retirement ,thrift ,investment ,board prescribes by regulation1 the ,executive ,director shall pay the nonforfeitable account balance to the participant in a single payment4 #fjc4 ,temporary immigration judges and court facilities 7a7 ,in general ,subject to subsection 7c71 if the administrative council determines1 based on specific and credible facts1 that the current resources of the ,immigration ,courts are insufficient for the expeditious and effective administration of justice1 the appellate division may exercise its authority1 en banc-- 7#a7 to appoint temporary immigration trial judges1 which appointments shall be undertaken in accordance with section #fjb1 to the extent practicable2 7#b7 to recall retired immigration trial judges or immigration appeals judges described in subsection 7b72 and 7#c7 to establish temporary court facilities in designated geographic areas4 7b7 ,recall of retired judges 7#a7 ,eligibility ,a retired immigration judge may be recalled for service if the judge provides to the clerk of the ,immigration ,courts written notice that the judge is willing to be recalled for service in accordance with this subsection4 7#b7 ,authority of recalled judges ,an immigration judge who is recalled to serve as an immigration appeals judge or an immigration trial judge-- 7,a7 may exercise all of the judicial powers and duties of such judges in regular active service1 except as specifically provided in this subtitle2 and 7,b7 shall not be counted for purposes of subsection 7b77#a7 or 7c77#b7 of section #fja4 7#c7 ,compensation ,an immigration judge who is recalled for service under this subsection shall be paid at the rate of pay in effect under section #fjb7;e7 for the position at the time of such recall1 less the amount of the judge's retirement annuity1 if any4 7#d7 ,effect on civil service retirement 7,a7 ,in general ,except as provided in subsection 7d71 an immigration judge who retired under chapter #hc or #hd of title #e1 ,united ,states ,code1 and is recalled for service shall be considered to be a reemployed annuitant under such chapters4 7,b7 ,savings provision ,nothing in this subsection may be construed to affect the right of an immigration judge who retired under chapter #hc or #hd of title #e1 ,united ,states ,code1 to serve as a reemployed annuitant in accordance with the applicable provisions of title #e1 ,united ,states ,code4 7c7 ,reporting requirements 7#a7 ,initial report ,before exercising the authority described in subsection 7a71 the appellate division shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that includes-- 7,a7 the specific and credible facts that led to the determination that additional court resources are required2 7,b7 an assessment regarding the number of temporary immigration judges or court facilities that are required2 and 7,c7 an estimate regarding the length of the period during which the appellate division expects the immigration judges or court facilities described in subsection 7a7 to remain in place4 7#b7 ,additional reporting ,not later than #cj days after exercising the authority under subsection 7a7 and every #cj days thereafter while such additional judges or facilities are in place1 the appellate division shall submit a report to the congressional committees referred to in paragraph 7#a7 regarding the current status of the ,immigration ,courts and the continuing need for such temporary immigration judges or court facilities4 7#c7 ,reduction in resources and termination 7,a7 ,gradual reduction in resources ,notwithstanding section #fjb7;g71 the appellate division1 exercising its authority en banc in accordance with section #fja7;b77#d71 shall terminate the appointment of any temporary immigration judges and close any temporary court facilities that the appellate division1 in consultation with the administrative council1 determines are no longer required4 7,b7 ,termination ,all temporary immigration judge appointments shall be rescinded and all temporary court facilities shall be closed upon the earliest of-- 7i7 the date on which the appellate division determines1 in consultation with the administrative council1 that regular court resources are sufficient to resume normal court operations2 7ii7 the date on which ,congress passes a concurrent resolution directing that such actions be taken2 or 7iii7 #baj days after the date on which the appellate division submits its initial report pursuant to paragraph 7#a71 unless ,congress enacts a law that extends such #baj-;day period4 #fjd4 ,jurisdiction 7a7 ,appellate division jurisdiction 7#a7 ,in general ,the appellate division of the ,immigration ,courts shall have jurisdiction over-- 7,a7 appeals of immigration trial judge decisions described in section #fbe7;c72 7,b7 appeals of decisions by the ,secretary of ,homeland ,security regarding petitions filed pursuant to section #bjd to classify an alien described in section #bja7;b77#b77;,a77i7 or #bjc7;a72 and 7,c7 original proceedings and appeals in disciplinary matters concerning attorneys and practitioners before the ,immigration ,courts4 7#b7 ,savings provision ,in addition to the matters described in paragraph 7#a71 the appellate division shall have jurisdiction to hear and decide all other matters over which the ,board of ,immigration ,appeals had authority on the day before the application date 7as defined in section #dif7;a7 of the ,real ,courts1 ,rule of ,law ,act of #bjbf74 7b7 ,trial division jurisdiction 7#a7 ,in general ,the trial division of the ,immigration ,courts shall have original jurisdiction over-- 7,a7 removal proceedings described in sections #bch and #bdj2 7,b7 review of rescissions of lawful permanent residence under section #bdf2 7,c7 review of credible fear determinations under section #bce and reasonable fear determinations for aliens subject to reinstated orders of removal under section #bda2 7,d7 review of-- 7i7 applications for asylum referred by the ,secretary of ,homeland ,security if the applicant is barred from being placed in removal proceedings under section #bdj2 and 7ii7 referrals for protection under section #bda7;b77#c7 or the ,convention against ,torture and ,other ,cruel1 ,inhuman1 or ,degrading ,treatment of ,punishment1 done at ,new ,york ,december #aj1 #aihd1 if the individual is not in removal proceedings and is barred from asylum under title ,,ii2 7,e7 determinations relating to bond1 custody1 or the detention of any alien in the custody of the ,department of ,homeland ,security2 7,f7 determinations regarding whether administrative actions arising from applications or petitions filed by or on behalf of the alien and that are pending during the course of the alien's removal proceedings under section #bdj have been unlawfully withheld or unreasonably delayed2 and 7,g7 disciplinary matters concerning attorneys and practitioners before the ,immigration ,courts4 7#b7 ,savings provision ,in addition to the matters described in paragraph 7#a71 the trial division shall have jurisdiction to hear and decide all other matters over which immigration judges had authority on the day before the application date 7as defined in section #dif7;a7 of the ,real ,courts1 ,rule of ,law ,act of #bjbf74 ,b ,procedure and ,appellate ,review #fba4 ,proceedings 7a7 ,trial division proceedings 7#a7 ,in general ,except as provided in section #fjd7;a71 all proceedings before the ,immigration ,courts shall originate in the trial division4 ,proceedings before the trial division shall be heard and decided by a single immigration trial judge1 with matters assigned to such judges in a manner determined by the appellate division4 7#b7 ,authority of trial division ,in presiding over matters before the trial division1 immigration trial judges may-- 7,a7 record and receive evidence1 administer oaths1 examine and cross-examine witnesses1 set deadlines1 and render findings of fact and conclusions of law2 7,b7 render decisions on respondents' prima facie and discretionary eligibility for relief from removal2 and 7,c7 order and take depositions1 issue subpoenas requiring the attendance and testimony of witnesses and the production of documents or other evidence1 and order responses to written interrogatories4 7b7 ,appellate division proceedings 7#a7 ,in general ,except as provided by rules established by the appellate division1 proceedings before the appellate division shall be heard and decided by immigration appeals judges sitting in panels of #c such judges or en banc1 and decisions shall be made by majority vote4 ,any decision of a panel may be reconsidered by the court sitting en banc4 7#b7 ,precedence in appellate division ,the chief judge of the ,immigration ,courts shall have precedence and preside at any session of the appellate division that such judge attends4 ,other immigration appeals judges shall have precedence and preside in the appellate division according to the seniority of their original commissions and1 for judges whose commissions bear the same date1 according to seniority in age4 7c7 ,contempt authority 7#a7 ,in general ,immigration judges shall have the authority to sanction1 by civil money penalty1 any individual whose action or inaction obstructs the administration of justice or is otherwise in contempt of the lawful authority of such judge or the ,immigration ,courts4 7#b7 ,notice ,no individual may be sanctioned for contempt under paragraph 7#a7 without first receiving notice of the charges and an opportunity to rebut such charges4 7d7 ,assistance to the court 7#a7 ,in general ,the ,immigration ,courts shall have such assistance in carrying out its lawful writ1 process1 order1 rule1 decree1 or command1 including nationwide service of a subpoena1 as is available to a court of the ,united ,states 7as defined in section #dea of title #bh1 ,united ,states ,code74 7#b7 ,attendance by marshal ,the ,united ,states marshal for a district in which the immigration trial judge is sitting1 if requested by the presiding judge1 shall attend any court proceeding in that district1 and may otherwise provide1 when requested by the chief trial judge of that immigration trial court1 for the security of the immigration trial court1 including the personal protection of judges1 court officers1 witnesses1 and other threatened persons in the interests of justice1 where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding4 ,the ,united ,states ,marshals ,service retains final authority regarding security requirements for the ,immigration ,courts4 7e7 ,opinions and orders 7#a7 ,in general ,opinions and orders of the ,immigration ,courts shall be issued in accordance with rules promulgated by the appellate division1 except that decisions on the merits of an application or request for relief from removal rendered by the trial division or the appellate division1 to the greatest extent practicable-- 7,a7 shall be issued in the form of a written opinion2 and 7,b7 shall include an analysis of the facts of the case and the legal reasoning for such decision4 7#b7 ,precedents ,unless subsequently modified or reversed by the appellate division1 the court of appeals for the respective judicial circuit1 or the ,supreme ,court1 precedent decisions of the appellate division shall be binding on all immigration judges and all officers and employees of an ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 with powers1 functions1 and duties under this ,act and other laws relating to the immigration and naturalization of aliens4 7f7 ,recusal of judges ,section #dee of title #bh1 ,united ,states ,code1 shall apply to all immigration judges and to all proceedings of the ,immigration ,courts4 #fbb4 ,immigration courts rules of practice and procedure 7a7 ,in general ,the appellate division shall exercise its en banc authority to promulgate rules of practice and procedure before the trial division and the appellate division1 including-- 7#a7 rules governing the representation of parties1 which shall-- 7,a7 provide for the admission of qualified attorneys to practice before the ,immigration ,courts and1 as appropriate1 for the admission of qualified non-attorney representatives2 7,b7 prescribe standards of practice and professional conduct1 which shall apply to all attorneys and practitioners that appear before the ,immigration ,courts2 and 7,c7 provide for disciplinary proceedings before the ,immigration ,courts for attorneys and practitioners who do not comply with the standards prescribed pursuant to subparagraph 7,b72 7#b7 rules governing the exercise of the appellate division's en banc authority over adjudicative matters1 including decisions of an appellate division panel2 7#c7 rules setting forth the types of matters that are appropriate for review by a single appellate judge2 7#d7 subject to section #fba7;e71 rules governing the issuance of opinions and written orders1 and precedent decisions2 7#e7 rules governing the use of video teleconferencing technology or other similar technologies1 with a presumption against the use of video teleconferencing in proceedings where the alien's eligibility for relief from removal is being evaluated1 unless requested by the alien2 7#f7 procedures1 consistent with section #fjb7;f77#b71 for receiving1 investigating1 and resolving complaints regarding the conduct of immigration judges2 and 7#g7 all other policies1 and procedures assigned to the appellate division under this title4 7b7 ,local rules ,each chief trial judge may establish local rules of practice and procedure1 provided that-- 7#a7 such rules are consistent with the provisions of this title2 7#b7 a majority of immigration trial judges on the immigration trial court of such chief judge concur to the local rules2 and 7#c7 the chief judge approves the local rules4 7c7 ,immigration court fees 7#a7 ,in general ,the appellate division shall prescribe rules providing for the collection of reasonable filing fees and other fees1 as appropriate4 ,each such fee may not exceed the fee charged and collected for the same or a substantially similar purpose by the ,federal district courts or by the ,department of ,homeland ,security4 7#b7 ,waiver ,rules promulgated by the appellate division shall include procedures under which any such fee may be waived in the case of financial hardship4 7d7 ,publication of rules and fees ,the administrative division shall maintain a public website that contains or consolidates current information on all rules and fees of the ,immigration ,courts1 including all local rules established pursuant to subsection 7b74 #fbc4 ,representation of parties and other assistance 7a7 ,right to counsel ,in any proceeding before the ,immigration ,courts1 the person or party concerned shall have the privilege of being represented 7at no expense to the ,federal ,government7 by such counsel1 authorized to practice before the ,immigration ,courts1 of his or her choosing4 7b7 ,interpreters ,the ,immigration ,courts shall establish a program to ensure the use of qualified interpreters in proceedings before the ,immigration ,courts4 7c7 ,legal orientation program ,the ,immigration ,courts shall maintain1 through agreements with legal services and other nonprofit organizations1 a legal orientation program that explains the ,court's procedures and provides basic legal information to individuals who are or may become parties to proceedings before the ,immigration ,courts4 #fbd4 ,availability of information 7a7 ,publication of precedent decisions ,precedent decisions of the appellate division shall be published in such form and manner as may be best adapted for public information and use4 7b7 ,publication of non-,precedent decisions and records 7#a7 ,in general ,subject to paragraph 7#b71 all non-precedent decisions of the ,immigration ,courts and all briefs1 motions1 documents1 and exhibits received by such court 7including hearing transcripts7 shall be made available to the public4 7#b7 ,confidential information ,the ,immigration ,courts shall preserve the confidentiality of information relating to matters involving national security1 asylum and other forms of protection1 and claims under the ,violence ,against ,women ,act of #aiid 7title ,,iv of ,public ,law #ajc-cbb2 #ajh ,stat4 #aijb1 et seq47 or under any other applicable law4 ,the ,immigration ,courts may take such action as may be necessary to prevent the disclosure of confidential information in its proceedings and records1 including requiring that such information be placed under seal and opened only as directed by the ,immigration ,courts4 #fbe4 ,scope of review and appeals 7a7 ,in general ,in any proceeding before the ,immigration ,courts1 the immigration judge shall-- 7#a7 consider de novo all constitutional claims and questions of law2 and 7#b7 compel administrative action on an application or petition filed by or on behalf of the alien that is unlawfully withheld or unreasonably delayed4 7b7 ,trial division proceedings ,the decision of an immigration trial judge shall be based only on the evidence produced at the hearing and shall set forth the judge's findings of fact1 reasoning to support discretionary determinations1 and conclusions of law4 ,immigration trial judges may take judicial notice of commonly known facts4 7c7 ,review by appellate division 7#a7 ,in general ,in considering an appeal from an immigration trial judge decision1 the appellate division shall limit its review to the scope of issues raised on appeal and shall conduct its review of the decision based on the record of proceedings of the trial division4 7#b7 ,fact finding ,aside from taking judicial notice of commonly known facts1 the appellate division shall not engage in fact finding in considering an appeal of an immigration trial judge decision1 and shall defer to the factual findings of the immigration trial judge unless such findings are challenged and determined to be clearly erroneous4 7d7 ,review by the ,united ,states courts of appeals ,a decision of the appellate division may be appealed by a party to such proceeding and reviewed by the ,united ,states court of appeals for the judicial circuit wherein venue lies1 in accordance with section #bdb1 as applicable4 ,if the ,federal ,government appeals a decision pursuant to this subsection1 and the court finds that the alien party to such appeal is financially unable to obtain adequate representation1 representation for such alien shall be provided through the plan for representation on appeal that is in effect under section #cjjf;,a of title #ah1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of contents at the beginning of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by adding at the end the following3 ,,title ,,vi--,,united ,,states ,,immigration ,,courts ,subtitle ,a--,organization and ,jurisdiction ,sec4 #fja4 ,establishment and structure4 ,sec4 #fjb4 ,immigration appeals judges and trial judges4 ,sec4 #fjc4 ,temporary immigration judges and court facilities4 ,sec4 #fjd4 ,jurisdiction4 ,subtitle ,b--,procedure and ,appellate ,review ,sec4 #fba4 ,proceedings4 ,sec4 #fbb4 ,immigration courts rules of practice and procedure4 ,sec4 #fbc4 ,representation of parties and other assistance4 ,sec4 #fbd4 ,availability of information4 ,sec4 #fbe4 ,scope of review and appeals4 4 #dic4 ,employees 7a7 ,clerk of the court ,the chief judge of the ,united ,states ,immigration ,courts may appoint1 and prescribe the duties for1 a clerk of the court without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7b7 ,chambers staff ,immigration judges appointed pursuant to title ,,vi of the ,immigration and ,nationality ,act1 as added by section #dib7;a71 may appoint law clerks and secretaries1 in such numbers as the appellate division approves1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7c7 ,other court staff ,the clerk of the court appointed pursuant to subsection 7a7 and the chief administrative officer of the administrative division of the ,united ,states ,immigration ,courts may appoint deputies and employees1 in such numbers as the appellate division approves1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7d7 ,staff salaries ,the appellate division of the ,united ,states ,immigration ,courts may fix and adjust the rates of basic pay for the clerk1 the chief administrative officer1 and other employees of the ,immigration ,courts without regard to the provisions of chapter #ea1 subchapter ,,iii of chapter #ec1 or section #ecgc of title #e1 ,united ,states ,code4 ,to the maximum extent feasible1 such employees shall be compensated at rates consistent with those for employees holding comparable positions in the judicial branch4 7e7 ,preference eligibles ,in making appointments pursuant to subsections 7a7 through 7c71 preference shall be given1 among equally qualified persons1 to persons who are preference eligible 7as defined in section #bajh7c7 of title #e1 ,united ,states ,code74 7f7 ,experts and consultants ,the ,united ,states ,immigration ,courts may procure the services of experts and consultants as provided under section #caji of title #e1 ,united ,states ,code4 #did4 ,budget and expenditures 7a7 ,court budget ,the budget of the ,united ,states ,immigration ,courts for each fiscal year shall be-- 7#a7 established by the ,immigration ,courts1 without review or modification by the executive branch2 and 7#b7 included in the budget submitted to ,congress by the ,president pursuant to section #aaje of title #ca1 ,united ,states ,code4 7b7 ,permissible court expenditures 7#a7 ,in general ,the ,immigration ,courts may make such expenditures as may be necessary to execute efficiently the judicial and administrative functions vested in the ,courts1 including expenditures for personal services1 rent at the seat of ,government and elsewhere1 law books1 books of reference1 and periodicals4 7#b7 ,manner of expenditure ,the ,immigration ,courts may receive and expend funds appropriated to the ,immigration ,courts-- 7,a7 directly2 or 7,b7 by transferring such funds to-- 7i7 the ,director of the ,administrative ,office of the ,united ,states ,courts2 7ii7 another court established under article ,i of the ,constitution2 or 7iii7 an ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code74 7#c7 ,approved expenses ,funds expended pursuant to this subsection may be used for administrative support and guidance 7including budgetary and financial1 payroll and personnel1 protective and security1 recordkeeping and statistical1 and information technology services7 requested by the ,immigration ,courts and approved by the ,director1 court1 or agency1 respectively4 7c7 ,method and source of expenditures ,all expenditures of the ,united ,states ,immigration ,courts shall be allowed and paid upon presentation of itemized vouchers signed by the certifying officer designated by the chief judge4 #die4 ,annual report 7a7 ,in general ,not later than ,april #a of each year1 the chief judge of the ,united ,states ,immigration ,courts shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that summarizes the workload of the ,immigration ,courts during the preceding fiscal year4 7b7 ,contents ,the report described in subsection 7a7 shall contain-- 7#a7 demographic information1 including the age1 gender1 and nationality of respondents appearing before the ,united ,states ,immigration ,courts1 and rates at which such respondents are represented by counsel2 7#b7 outcomes of removal proceedings1 including grant rates for immigration relief1 disaggregated by geographical area and immigration trial judge2 7#c7 outcomes of bond hearings1 disaggregated by geographical area and immigration trial court2 7#d7 the number of cases currently pending before the trial and appellate divisions of the ,immigration ,courts1 and the change in such number from the prior fiscal year2 7#e7 the average number of days for which a respondent waits to have their case heard1 disaggregated by geographical area2 and 7#f7 any information requested by the congressional committees referred to in subsection 7a71 provided that such request is timely and reasonable4 #dif4 ,application date2 transitional provisions 7a7 ,application date ,the ,united ,states ,immigration ,courts may not begin to exercise the functions of the courts under this subtitle and the amendments made by section #dib until on or after the date 7referred to in this section and in section #dig as the application date7-- 7#a7 that is-- 7,a7 the first day of the first full fiscal year after the date of the enactment of this ,act1 if such date is #ahj days or more after such date of enactment2 or 7,b7 the first day of the second full fiscal year after the date of the enactment of this ,act1 if the first day of the first full fiscal year after such date of enactment is less than #ahj days after such date of enactment2 and 7#b7 on which #c or more immigration appeals judges have been duly appointed by the ,president1 in accordance with procedures set forth in subsection 7c7 and in section #fja7;b77#b7 of the ,immigration and ,nationality ,act1 as added by section #dib7;a74 7b7 ,transition period and appointment of interim immigration trial judges 7#a7 ,defined term ,in this section1 the term transition period means the #d-year period beginning on the application date4 7#b7 ,interim immigration trial judges 7,a7 ,in general ,each individual serving as an immigration judge in the ,executive ,office for ,immigration ,review on the day before the application date shall be redesignated as an interim immigration trial judge on such date4 7,b7 ,authority of interim immigration trial judges ,interim immigration trial judges are authorized to exercise all of the powers of an immigration trial judge provided under title ,,vi of the ,immigration and ,nationality ,act1 as added by section #dib7;a74 7,c7 ,term of service ,an interim immigration trial judge may serve until the earlier of-- 7i7 the first date on which-- 7,i7 the transition period has ended2 and 7,,ii7 a successor has been appointed2 or 7ii7 the date that is #e years after the application date4 7,d7 ,appointment ,an otherwise qualified interim immigration trial judge may be appointed as an immigration trial judge4 7,e7 ,credit and eligibility for benefits ,service as an interim immigration trial judge shall be included in the same manner as service as an immigration trial judge for purposes of calculating service credit1 retirement eligibility1 and disability4 7,f7 ,separation ,nothing in this subtitle or in the amendments made by this subtitle may be construed-- 7i7 to preclude an interim immigration trial judge who is not appointed for a term appointment by the appellate division pursuant to section #fja7;c77#b7 of the ,immigration and ,nationality ,act1 as added by section #dib7;a71 from eligibility for appointment as an administrative judge1 an administrative law judge1 or an attorney position in a ,federal agency2 or 7ii7 to make a judge described in clause 7i7 ineligible for early retirement under section #hccf7;d77#b77;,d7 or #hdad7;b77#a77;,b7 of title #e1 ,united ,states ,code4 7c7 ,first appointments to the ,united ,states ,immigration ,courts 7#a7 ,appellate division 7,a7 ,in general ,notwithstanding section #fja7;b77#b77;,b7 of the ,immigration and ,nationality ,act1 as added by section #dib7;a71 of the first #ba immigration appeals judges appointed pursuant to section #fja7;b77#b77;,a7 of such ,act-- 7i7 the terms of the first #g such judges so appointed shall terminate on the date that is #e years after the application date2 7ii7 the terms of the next #g such judges so appointed shall terminate on the date that is #aj years after the application date2 and 7iii7 the terms of the last #g such judges so appointed shall terminate on the date that is #ae years after the application date4 7,b7 ,succession ,each immigration appeals judge described in subparagraph 7,a7 may continue to serve after the expiration of his or her initial designated term if such judge is reappointed in accordance with section #fja7;b77#b77;,b7 of the ,immigration and ,nationality ,act1 as added by section #dib7;a74 7#b7 ,trial division ,not later than #ahj days before the last day of the transition period1 the appellate division shall establish procedures and requirements related to the appointment of immigration trial judges4 7#c7 ,clarification ,notwithstanding paragraphs 7#a7 and 7#b7 and section #fja of the ,immigration and ,nationality ,act1 as added by section #dib7;a71 any individual appointed to fill an immigration trial judge vacancy during the transition period shall serve until the earlier of-- 7,a7 the first date on which-- 7i7 the transition period has ended2 and 7ii7 a successor has been appointed in accordance with section #fjb of the ,immigration and ,nationality ,act1 as added by section #dib7;a72 or 7,b7 the date that is #a year after the last day of the transition period4 7d7 ,prior service credit 7#a7 ,defined term ,in this subsection1 the term covered immigration judge means-- 7,a7 an immigration appeals judge appointed pursuant to section #fja7;b7 of the ,immigration and ,nationality ,act1 as added by section #dib7;a72 7,b7 an immigration trial judge appointed pursuant to section #fja7;c7 of the ,immigration and ,nationality ,act1 as added by section #dib7;a72 or 7,c7 an interim immigration trial judge redesignated as such pursuant to subsection 7b77#b77;,a74 7#b7 ,computation of years of service ,the period during which a covered immigration judge who elects to receive retired pay under section #fjb7;i77#a7 of the ,immigration and ,nationality ,act1 as added by section #dib7;a71 serves as a member of the ,board of ,immigration ,appeals1 an immigration judge1 or an administrative law judge in the ,executive ,office for ,immigration ,review of the ,department of ,justice1 shall be included 7up to a maximum of #e years7 in the service of such individual on the ,immigration ,courts for purposes of computing the years of service as an immigration judge4 #dig4 ,institutional transfer2 continuity of proceedings 7a7 ,existing precedent 7#a7 ,in general ,precedential decisions by the ,attorney ,general or the ,board of ,immigration ,appeals under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 that were issued before the application date shall continue to serve as precedent in proceedings before the ,immigration ,courts unless explicitly overruled by the appellate division4 7#b7 ,rules ,to the extent that such rules are consistent with this subtitle and the amendments made by this subtitle1 the rules of the ,attorney ,general that were in effect before the application date shall remain in effect until amended or revoked by the appellate division4 7b7 ,institutional transfer 7#a7 ,executive office for immigration review 7,a7 ,in general ,except as provided in subparagraph 7,b71 all functions under the ,executive ,office for ,immigration ,review on the day before the application date shall be transferred to the ,immigration ,courts on the application date4 7,b7 ,exceptions 7i7 ,,ocaho ,the ,office of the ,chief ,administrative ,hearing ,officer and the functions of the ,executive ,office for ,immigration ,review that support such office shall remain under the jurisdiction of the ,department of ,justice4 7ii7 ,other functions ,the functions of the ,executive ,office for ,immigration ,review that are not necessary or appropriate to be transferred to the ,immigration ,courts shall be reassigned to other agencies within the ,department of ,justice or dissolved1 at the discretion of the ,attorney ,general4 7#b7 ,transfer and allocation of appropriations and personnel ,except as otherwise provided under this section1 the personnel of the ,executive ,office for ,immigration ,review who are employed in connection with any functions transferred pursuant to paragraph 7#a77;,a71 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balance of appropriations1 authorizations1 allocations1 and other funds employed1 held1 used1 arising from1 available to1 or to be made available to1 the ,executive ,office for ,immigration ,review1 in connection with such functions transferred pursuant to paragraph 7#a77;,a71 subject to section #aeca of title #ca1 ,united ,states ,code1 shall be transferred to the ,immigration ,courts on the application date4 ,unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated4 7#c7 ,pending cases 7,a7 ,rule of construction ,nothing in this subtitle may be construed to result in any loss of rights or powers1 interruption of jurisdiction1 or prejudice to matters under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 that are pending before the ,board of ,immigration ,appeals or an immigration judge on the application date4 7,b7 ,transfer ,all proceedings under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 that are pending before the ,board of ,immigration ,appeals or an immigration judge on the application date shall be transferred to the ,immigration ,courts to proceed before the trial division or the appellate division1 as appropriate4 #dih4 ,review by the ,judicial ,conference2 consultation requirements 7a7 ,quadrennial review ,the ,judicial ,conference of the ,united ,states shall conduct a review of adjudications in the ,united ,states ,immigration ,courts not less frequently than quadrennially as part of its comprehensive survey of business in the courts of the ,united ,states conducted pursuant to section #cca of title #bh1 ,united ,states ,code4 7b7 ,report ,at the conclusion of each review conducted pursuant to subsection 7a7-- 7#a7 the ,judicial ,conference shall submit a report containing its findings from such review to-- 7,a7 the appellate division2 7,b7 the ,committee on the ,judiciary of the ,senate2 and 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the report submitted pursuant to paragraph 7#a7 shall be printed in the ,congressional ,record4 #dii4 ,technical and conforming provisions 7a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;b71 by amending paragraph 7#d7 to read as follows3 7#d7 ,the term immigration judge means an immigration trial judge or an immigration appeals judge appointed to serve in the ,united ,states ,immigration ,courts established under title ,,vi4 2 7#b7 in section #bch-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 by striking ,attorney ,general and inserting ,immigration ,courts2 and 7,,ii7 by striking ,service and inserting ,department of ,homeland ,security2 7ii7 in paragraph 7#b71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7iii7 in paragraph 7#c7-- 7,i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,notwithstanding any other provision of law1 in the case of any alien convicted of an aggravated felony1 removal proceedings1 and any administrative appeals relating to such removal1 shall be completed1 to the extent possible1 before the alien's release from incarceration for the underlying aggravated felony4 2 and 7,,ii7 in subparagraph 7,b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7iv7 in paragraph 7#d77;,a71 by striking ,attorney ,general each place such term appears and inserting administrative council of the ,immigration ,courts2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking ,attorney ,general and inserting immigration judge2 and 7ii7 in paragraph 7#c7-- 7,i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,,ii7 by striking apply for and inserting seek2 7iii7 by amending paragraph 7#d7 to read as follows3 7#d7 ,in any proceeding under this subsection-- 7,a7 the alien shall-- 7i7 be given reasonable notice of the charges and of the opportunity described in subparagraph 7,c72 7ii7 have the privilege of being represented 7at no expense to the ,government7 by such counsel1 authorized to practice in such proceedings1 as the alien shall choose2 and 7iii7 have a reasonable opportunity to inspect the evidence and rebut the charges2 and 7,b7 the immigration judge shall ensure that-- 7i7 a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served 7either in person or by mail7 is1 in fact1 the alien named in such notice2 and 7ii7 a record is maintained for judicial review4 2 7iv7 in paragraph 7#e7-- 7,i7 by striking ,attorney ,general may and inserting immigration judge may2 and 7,,ii7 by striking ,attorney ,general's and inserting immigration judge's2 7,c7 by redesignating the second subsection 7c7 7as previously redesignated by section #fga7;b77#ac7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh77 as subsection 7d72 and 7,d7 in subsection 7d71 as redesignated-- 7i7 by striking ,commissioner each place such term appears and inserting ,secretary of ,homeland ,security2 7ii7 in paragraph 7#b77;,a71 by striking ,service and inserting ,secretary of ,homeland ,security2 and 7iii7 in paragraphs 7#b77;,d77iv7 and 7#d71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7#c7 in section #bci-- 7,a7 in subsection 7a71 by striking ,attorney ,general each place such term appears and inserting ,immigration ,courts2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,immigration ,courts2 and 7ii7 in paragraph 7#c71 by striking ,attorney ,general and inserting immigration judge2 and 7,c7 in subsection 7d77#a71 by striking ,attorney ,general and inserting immigration judge2 7#d7 in section #bdj-- 7,a7 in subsection 7b7-- 7i7 by striking paragraphs 7#a7 and 7#f72 7ii7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#a7 through 7#d71 respectively2 7iii7 by redesignating paragraph 7#g7 as paragraph 7#e72 7iv7 by amending paragraph 7#a71 as redesignated1 to read as follows3 7#a7 ,form of proceeding ,the proceeding may take place-- 7,a7 in person2 or 7,b7 through video conference1 subject to rules promulgated pursuant to section #fbb7;a77#e74 2 7v7 in paragraph 7#b71 as redesignated1 by striking ,attorney ,general and inserting immigration judge2 7vi7 in paragraph 7#c71 as redesignated-- 7,i7 in the matter preceding subparagraph 7,a71 by striking 1 under regulations of the ,attorney ,general2 and 7,,ii7 in subparagraph 7,a71 by striking 1 at no expense to the ,government1 by counsel of the alien's choosing who is authorized to practice in such proceedings and inserting in accordance with section #fbc7;a72 and 7vii7 in paragraph 7#d77;,a71 as redesignated-- 7,i7 by striking ,service and inserting ,government2 and 7,,ii7 by amending the last sentence to read as follows3 ,written notice shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section #bci7;a77#a77;,f742 7,b7 in subsection 7c7-- 7i7 in paragraph 7#b71 in the matter following subparagraph 7,b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7ii7 in paragraph 7#c7-- 7,i7 by striking service in the paragraph heading and inserting government2 and 7,,ii7 by striking ,service each place such term appears and inserting ,government2 and 7iii7 in paragraph 7#g77;,c77iv7-- 7,i7 in subclause 7,,ii7-- 7aa7 by striking ,attorney ,general and inserting immigration judge2 and 7bb7 by striking ,immigration and ,naturalization ,service and inserting ,secretary of ,homeland ,security2 and 7,,ii7 in subclause 7,,iii7-- 7aa7 by striking ,attorney ,general may and inserting immigration judge may2 and 7bb7 by striking ,attorney ,general's and inserting immigration judge's2 and 7,c7 in subsection 7d71 by amending the first sentence to read as follows3 ,an immigration judge may enter an order of removal stipulated to by the alien 7or the alien's representative7 and the ,government42 7#e7 in section #bdb-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,,ii7 in subparagraph 7,b77ii71 by striking ,attorney ,general each place such term appears and inserting the appellate division of the ,immigration ,courts2 and 7ii7 by adding at the end the following3 7#f7 ,venue ,for purposes of judicial review under this section and section #fbe7;d71 the venue of a proceeding before the court of appeals is in the judicial circuit in which-- 7,a7 an immigration trial judge of the ,immigration ,court issued the original underlying decision in the matter2 or 7,b7 the underlying administrative action reviewed by the appellate division of the ,court occurred4 2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#b71 by inserting trial after immigration2 7ii7 in paragraph 7#c77;,a7-- 7,i7 by striking ,attorney ,general in the first sentence and inserting ,united ,states2 and 7,,ii7 by amending the second sentence to read as follows3 ,the petition shall be served on the ,attorney ,general and on the officer or employee of the ,department of ,homeland ,security in charge of the district in which the final order of removal under section #bdj was entered42 7iii7 in paragraph 7#d77;,d71 by striking ,attorney ,general's and inserting immigration judge's2 and 7iv7 in paragraph 7#h71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7,c7 in subsection 7e7-- 7i7 in paragraph 7#b77;,c71 by striking as prescribed by the ,attorney ,general2 and 7ii7 in paragraph 7#c77;,a77ii71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,d7 in subsection 7g71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7#f7 in section #bdf7;a7-- 7,a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,b7 by striking the second sentence and inserting the following3 ,upon request of the individual whose status has been rescinded1 the ,secretary of ,homeland ,security shall refer such rescission to the ,united ,states ,immigration ,courts for review in accordance with section #fjd7;b77#a77;,b744 7b7 ,construction of existing references ,to the extent consistent with this subtitle1 each reference in the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 or in any rule prescribed under such ,act-- 7#a7 to the ,board of ,immigration ,appeals or an immigration judge1 or any administrative appeal1 hearing1 review1 or other proceeding before such ,board or judge1 shall be deemed to refer1 as appropriate1 to the ,united ,states ,immigration ,courts established under title ,,vi of the ,immigration and ,nationality ,act1 as added by section #dib1 to the appropriate division of the ,immigration ,courts1 or to the corresponding proceedings under this subtitle before the ,immigration ,courts2 and 7#b7 to the authority of the ,attorney ,general to prescribe rules with respect to the ,executive ,office for ,immigration ,review1 the ,board of ,immigration ,appeals1 immigration judges1 or administrative appeals1 hearings1 reviews1 or other proceedings conducted under the ,immigration and ,nationality ,act1 by such ,office1 ,board1 or judges1 shall be deemed to confer rulemaking authority on the appellate division of the ,united ,states ,immigration ,courts4 7c7 ,financial disclosure reporting ,section #acaja of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#i71 by inserting of the ,united ,states ,immigration ,courts1 after ,court of ,appeals for ,veterans ,claims12 and 7#b7 in paragraph 7#aj71 by inserting ,united ,states ,immigration ,courts1 after ,court of ,appeals for ,veterans ,claims14 ,v ,strengthen free speech #eja4 ,broadcast ,freedom and ,independence ,act of #bjbe 7a7 ,findings ,congress finds the following3 7#a7 ,the ,federal ,communications ,commission 7in this section referred to as the ,,fcc7 was established as an independent agency by the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 for the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available1 so far as possible1 to all the people of the ,united ,states1 without discrimination on the basis of race1 color1 religion1 national origin1 or sex1 a rapid1 efficient1 nationwide1 and worldwide wire and radio communication service with adequate facilities at reasonable charges'''4 7#b7 ,commissioners at the ,,fcc1 an independent agency1 are confirmed by ,congress for specified terms and the ,president does not have the power to remove them at will4 7#c7 ,the independence of the ,,fcc is paramount to the ,,fcc carrying out its mission without political pressure or intimidation4 7#d7 ,the ,,fcc's priorities and agenda must be set by the ,,fcc without undue influence from the ,president or any advisors to the ,president who do not work for the ,,fcc4 7#e7 ,as established in section #cbf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cbf71 nothing in the ,,fcc's authority shall be understood or construed to give the ,commission the power of censorship over the radio communications or signals transmitted by any radio station1 and no regulation or condition shall be promulgated or fixed by the ,commission which shall interfere with the right of free speech by means of radio communication4 7#f7 ,investigations and threats of ,commission action or inaction must not be used to suppress certain viewpoints or intimidate broadcast licensees into aligning with any political agenda4 7b7 ,viewpoint protection ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following3 #ad4 ,viewpoint protection 7a7 ,prohibition against retaliation on basis of viewpoint ,the ,commission may not revoke any license or other authorization of1 or otherwise take action against1 any person on the basis1 in whole or in part1 of viewpoints broadcast or otherwise disseminated by that person or any person affiliated with that person4 7b7 ,prohibition against conditions on viewpoint in transaction review ,the ,commission may not place on any approval under subsections 7a71 7b71 and 7c7 of section #bad or section #caj7;d7 any condition with respect to viewpoints broadcast or otherwise disseminated by the person seeking that approval1 any successor of that person1 or any person affiliated with that person or successor4 7c7 ,no effect on certain other authority of ,commission ,nothing in this section shall be construed to affect the authority of the ,commission to take action on the basis of1 or to place a condition on an approval described in subsection 7b7 with respect to-- 7#a7 a violation of-- 7,a7 section #acjd of title #ah1 ,united ,states ,code1 or conduct that would constitute a violation of that section if content disseminated by means other than radio or television broadcast were disseminated by means of radio or television broadcast2 7,b7 section #acdc of title #ah1 ,united ,states ,code2 or 7,c7 section #adfd of title #ah1 ,united ,states ,code1 or conduct that would constitute a violation of that section if content disseminated by means other than radio communication were disseminated by means of radio communication2 or 7#b7 the broadcast or other dissemination of content that constitutes incitement under the ,first ,amendment to the ,constitution of the ,united ,states4 4 ,,vi ,reassert ,congress's power of the purse #fja4 ,prohibition on rescissions ,no amounts may be rescinded from amounts provided under any appropriation ,act 7as defined in section #c of the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fbb771 unless the rescission is made through an appropriation ,act4 #fjb4 ,east ,wing ,modernization ,project 7a7 ,definition of east wing modernization project ,in this section1 the term ,east ,wing ,modernization ,project means the project with the file number #hgcc entitled ,east ,wing ,modernization ,project for which the preliminary and final site and building plans were approved by the ,national ,capital ,planning ,commission on ,april #b1 #bjbf4 7b7 ,prohibitions ,nothing in this ,act provides the authorization of ,congress to construct the ,east ,wing ,modernization ,project and no ,federal funds or private donations may be used for the ,east ,wing ,modernization ,project absent express authorization of ,congress after the date of enactment of this ,act4 ,,vii ,fight ,government corruption #gja4 ,bribery1 graft1 and conflicts of interest 7a7 ,title #ah ,chapter #aa of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #bjc7;a7-- 7,a7 in paragraph 7#a77;,a71 by inserting ,president1 ,president-elect1 ,vice ,president1 ,vice ,president-elect2 and 7,b7 in paragraph 7#b71 by striking such a ,member and all that follows through employee and inserting an individual described in subparagraph 7,a7 or 7,b7 of paragraph 7#a72 7#b7 in section #bjg-- 7,a7 in subsection 7d77#a77;,a71 by inserting ,president or before ,vice ,president2 7,b7 in subsection 7f71 in the matter preceding subparagraph 7,a71 by inserting 1 or in the case of the ,president or ,vice ,president within #aj years1 after #a year2 7,c7 in subsection 7i7-- 7i7 by inserting by whom or before to whom2 and 7ii7 in subparagraph 7,a71 by inserting 7b71 before 7c72 7,d7 in subsection 7k71 by adding at the end the following3 7#f7 ,the ,president and ,vice ,president are not eligible for a waiver4 2 and 7,e7 by adding at the end the following3 7m7 ,rule of construction ,nothing in this section shall be construed to inhibit the authority of the ,president or the ,vice ,president to communicate or appear before the ,united ,states on their own behalf or in connection with the exercise of a statutory right or responsibility under the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note71 chapter #bb of title #dd1 ,united ,states ,code 7commonly known as the ,presidential ,records ,act of #aigh71 or the ,act entitled ,an ,act to provide retirement1 clerical assistants1 and free mailing privileges to former ,presidents of the ,united ,states1 and for other purposes1 approved ,august #be1 #aieh 7commonly known as the ,former ,presidents ,act of #aieh7 7#c ,u4,s4,c4 #ajb note74 2 and 7#c7 in section #bji7;a71 by inserting 1 including the ,president and the ,vice ,president1 after ,united ,states ,government4 7b7 ,title #e ,section #acabb7;a7 of title #e1 ,united ,states ,code1 is amended by adding 1 including the ,executive ,office of the ,president after section #aje of this title4 7c7 ,code of ,federal ,regulations ,the ,director of the ,office of ,government ,ethics shall amend section #bfce4ajb7;h7 of title #e1 ,code of ,federal ,regulations1 or any successor regulation-- 7#a7 by inserting 1 the ,president1 and the ,vice ,president1 after special ,government employee2 and 7#b7 by striking ,for purposes other than subparts ,b and ,c of this part1 it does not include the ,president or ,vice ,president44 #gjb4 ,ethics and conduct for the ,president and ,vice ,president 7a7 ,in general ,title #c of the ,united ,states ,code is amended by adding at the end the following3 #f ,ethics and conduct for the ,president and ,vice ,president ,sec4 #eja4 ,no remuneration or emoluments for the ,president and ,vice ,president4 ,sec4 #ejb4 ,use of image1 likeness1 or name4 #eja4 ,no remuneration or emoluments for the ,president and ,vice ,president 7a7 ,definitions ,for purposes of this section3 7#a7 ,emolument ,the term emolument includes any profit1 gain1 or advantage1 whether received directly or indirectly or through profit or revenue from any person or entity1 including an operating business4 7#b7 ,foreign state ,the term foreign state has the meaning given the term foreign government under section #gcdb of title #e4 7b7 ,prohibition ,neither the ,president nor the ,vice ,president shall1 without the consent of the ,congress1 accept of any direct or indirect remuneration nor emolument of any value from an entity1 foreign or domestic1 where the official has substantial influence or control1 to include any holdings in trust4 7c7 ,violation 7#a7 ,in general ,a violation of subsection 7b7 shall constitute a high crime or misdemeanor for purposes of section #d of ,article ,,ii of the ,constitution of the ,united ,states4 7#b7 ,inspector ,general ,the ,office of ,inspector ,general of the ,white ,house shall investigate any alleged violation of subsection 7b7 and1 upon a determination that a preponderance of the evidence demonstrates that a violation occurred1 may seek an order of disgorgement from the ,united ,states ,district ,court for the ,district of ,columbia4 #ejb4 ,use of image1 likeness1 or name ,unless approved by ,congress-- 7#a7 the image1 likeness1 or name of any sitting ,president or ,vice ,president may not be used on ,united ,states passports2 and 7#b7 no ,federal building or property may be named after such sitting ,president or ,vice ,president4 4 7b7 ,table of chapters ,the table of chapters for title #c of the ,united ,states ,code is amended by adding at the end the following3 #f4;,ethics and conduct for the ,president and ,vice ,president#eja 4 #gjc4 ,bringing ,executive ,accountability1 ,clarity1 and ,oversight ,now 7,,beacon7 ,act 7a7 ,establishment 7#a7 ,in general ,section #dja of title #e1 ,united ,states ,code 7commonly referred to as the ,inspector ,general ,act of #aigh71 is amended-- 7,a7 in paragraph 7#a71 by striking or the ,national ,reconnaissance ,office and inserting the ,national ,reconnaissance ,office1 or the ,executive ,office of the ,president2 and 7,b7 in paragraph 7#c71 by striking or the ,director of the ,national ,reconnaissance ,office and inserting the ,director of the ,national ,reconnaissance ,office2 or the ,president 7with respect to the ,executive ,office of the ,president74 7#b7 ,appointment of ,inspector ,general ,not later than #abj days after the date of enactment of this ,act1 the ,president shall appoint an individual as the ,inspector ,general of the ,executive ,office of the ,president in accordance with the requirements of section #djc7;a7 of title #e1 ,united ,states ,code4 7b7 ,special provisions ,chapter #d of title #e1 ,united ,states ,code1 is amended by inserting after section #dbd the following3 #dbe4 ,special provisions concerning the ,executive ,office of the ,president 7a7 ,audits1 investigations1 and issuance of subpoenas 7#a7 ,authority1 direction1 and control ,notwithstanding the last #b sentences of section #djc7;a71 the ,inspector ,general of the ,executive ,office of the ,president shall be under the authority1 direction1 and control of the ,president with respect to audits or investigations1 or the issuance of subpoenas1 that require access to information concerning any of the following3 7,a7 ,the identity of a confidential source1 including a protected witness4 7,b7 ,an intelligence or counterintelligence matter4 7,c7 ,an undercover operation4 7#b7 ,prohibition in certain situations ,with respect to the information described in paragraph 7#a71 the ,president may prohibit the ,inspector ,general of the ,executive ,office of the ,president from initiating1 carrying out1 or completing any audit or investigation1 or from issuing any subpoena1 after the ,inspector ,general has decided to initiate1 carry out1 or complete such audit or investigation1 or to issue such subpoena1 if the ,president determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph 7#a74 7#c7 ,notice after prohibition 7,a7 ,to ,inspector ,general ,if the ,president exercises any power under paragraph 7#b71 not later than #cj days after exercising any such power1 the ,president shall notify the ,inspector ,general of the ,executive ,office of the ,president in writing1 stating the reasons for exercising that power4 7,b7 ,to ,congress ,not later than #cj days after receiving a notice under subparagraph 7,a71 the ,inspector ,general of the ,executive ,office of the ,president shall transmit a copy of the notice to the chair and ranking member of each of the following3 7i7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7ii7 ,the ,committee on the ,judiciary of the ,senate4 7iii7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7iv7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7v7 ,any other appropriate committee or subcommittee of ,congress4 7b7 ,semiannual reports 7#a7 ,additional information to be included ,any semiannual report prepared by the ,inspector ,general of the ,executive ,office of the ,president under section #dje7;b7 shall also include the following3 7,a7 ,with respect to each significant recommendation on which corrective action has been completed1 a description of the corrective action4 7,b7 ,a certification of whether the ,inspector ,general of the ,executive ,office of the ,president has had full and direct access to all information relevant to the performance of the functions of the ,inspector ,general4 7,c7 ,a description of any audit1 inspection1 or evaluation occurring during the reporting period in which the ,inspector ,general of the ,executive ,office of the ,president could not obtain relevant information due to an exercise of power by the ,president under subsection 7a77#b74 7,d7 ,such recommendations as the ,inspector ,general of the ,executive ,office of the ,president considers appropriate with respect to efficiency in the administration of programs and operations undertaken by the ,president1 and the detection and elimination of fraud1 waste1 and abuse in such programs and operations4 7#b7 ,submission to ,president ,notwithstanding section #dje7;c71 the ,inspector ,general of the ,executive ,office of the ,president shall submit to the ,president the semiannual reports prepared under section #dje7;b71 including the additional information required under paragraph 7#a71 not later than ,april #cj and ,october #ca of each year4 7#c7 ,transmission to ,congress ,not later than #cj days after submitting the semiannual report to the ,president under paragraph 7#b71 the ,inspector ,general of the ,executive ,office of the ,president shall transmit the semiannual report to the chair and ranking member of each of the following3 7,a7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7,b7 ,the ,committee on the ,judiciary of the ,senate4 7,c7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,d7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,audit of the ,office of the ,inspector ,general of the ,executive ,office of the ,president 7#a7 ,in general ,not later than #abj days after the ,president appoints an individual as the ,inspector ,general of the ,executive ,office of the ,president1 and annually thereafter1 the ,council of ,inspectors ,general on ,integrity and ,efficiency shall conduct an audit of the ,office of the ,inspector ,general of the ,executive ,office of the ,president to ensure that the office is able to effectively provide oversight of the ,executive ,office of the ,president4 7#b7 ,report ,not later than ,october #ca after the first audit is completed under paragraph 7#a71 and annually thereafter1 the ,council of ,inspectors ,general on ,integrity and ,efficiency shall submit to ,congress a report on the findings of the audit4 4 7c7 ,technical and conforming amendments 7#a7 ,in general ,chapter #d of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #dae7;a77#b7-- 7i7 by striking subparagraph 7,c72 and 7ii7 by redesignating subparagraphs 7,d7 through 7,f7 as subparagraphs 7,c7 through 7,e71 respectively2 and 7,b7 in section #dah1 by striking or #dba and inserting 1 #dba1 or #dbe4 7#b7 ,table of sections ,the table of sections for chapter #d of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #dbe4 ,special provisions concerning the ,executive ,office of the ,president4 4 7d7 ,over-,classification audit 7#a7 ,evaluations required ,the ,inspector ,general of the ,executive ,office of the ,president1 in consultation with the ,information ,security ,oversight ,office of the ,national ,archives and ,records ,administration1 shall carry out #b evaluations of the ,executive ,office of the ,president-- 7,a7 to assess whether applicable classification policies1 procedures1 rules1 and regulations have been adopted1 followed1 and effectively administered within the ,executive ,office of the ,president2 and 7,b7 to identify policies1 procedures1 rules1 regulations1 or management practices that may be contributing to persistent misclassification of material within the ,executive ,office of the ,president4 7#b7 ,deadlines for evaluations 7,a7 ,initial evaluation ,the first evaluation required under paragraph 7#a7 shall be completed not later than #a year after the date of enactment of this ,act4 7,b7 ,second evaluation ,the second evaluation required under paragraph 7#a7 shall review progress made pursuant to the results of the first evaluation and shall be completed not later than #a year after the date on which the first evaluation is completed4 7#c7 ,coordination ,the ,inspector ,general of the ,executive ,office of the ,president shall coordinate with other ,inspectors ,general and the ,information ,security ,oversight ,office to ensure that evaluations follow a consistent methodology1 as appropriate1 that allows for cross-agency comparisons4 7#d7 ,reports required 7,a7 ,in general ,not later than #de days after the completion of an evaluation1 the ,inspector ,general of the ,executive ,office of the ,president shall submit to the appropriate entities a report on that evaluation4 7,b7 ,content ,each report submitted under subparagraph 7,a7 shall include a description of-- 7i7 the policies1 procedures1 rules1 regulations1 or management practices1 if any1 identified by the ,inspector ,general under paragraph 7#a77;,b72 and 7ii7 the recommendations1 if any1 of the ,inspector ,general to address any such identified policies1 procedures1 rules1 regulations1 or management practices4 7#e7 ,appropriate entities defined ,in this subsection1 the term appropriate entities means each of the following3 7,a7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7,b7 ,the ,committee on the ,judiciary of the ,senate4 7,c7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,d7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7,e7 ,any other appropriate committee or subcommittee of ,congress4 7,f7 ,the ,president4 7,g7 ,the ,director of the ,information ,security ,oversight ,office4 #gjd4 ,transparency in the ,administration's ,business ,opportunities ,act 7,,taboo ,act7 7a7 ,short title ,this section may be cited as the ,transparency in the ,administration's ,business ,opportunities ,overseas ,act or the ,,taboo ,act4 7b7 ,sense of ,congress ,it is the sense of ,congress that3 7#a7 ,individuals serving as ,special ,envoys1 ,special ,representatives1 ,special ,coordinators1 ,special ,negotiators1 or working in similar positions1 whether in the ,department of ,state1 the ,executive ,office of the ,president1 or any ,federal department or agency1 frequently exercise significant authority and represent the ,united ,states ,government to foreign governments and international organizations4 7#b7 ,existing ethics1 financial disclosure1 and conflict-of-interest requirements do not uniformly apply to those individuals1 particularly those working in volunteer1 unpaid1 or advisory capacities while performing duties that involve significant authority4 7#c7 ,the absence of uniform requirements-- 7,a7 creates gaps in transparency1 accountability1 and oversight2 and 7,b7 may allow individuals to perform sensitive diplomatic or national security functions without appropriate conflict-of-interest safeguards4 7#d7 ,congress has a compelling interest in ensuring that all individuals performing those functions are subject to consistent ethics1 financial disclosure1 and conflict-of-interest requirements1 regardless of title1 compensation1 or organizational placement4 7#e7 ,it is in the interest of the ,united ,states to-- 7,a7 establish uniform standards for ethics compliance1 financial interest reporting1 and congressional notification for individuals performing those functions2 and 7,b7 close loopholes that allow individuals to avoid those requirements by working in volunteer or advisory status4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,covered function ,the term covered function includes the following3 7,a7 ,directing or leading negotiations on behalf of the ,united ,states ,government with a foreign country4 7,b7 ,directing or leading negotiations on behalf of the ,united ,states ,government with international multilateral organizations4 7,c7 ,any activity involving the exercise of significant authority pursuant to the laws of the ,united ,states in a foreign policy or national security context4 7#c7 ,covered position ,the term covered position-- 7,a7 means a ,special ,envoy1 ,special ,representative1 ,special ,coordinator1 ,special ,negotiator1 ,envoy1 ,representative1 ,coordinator1 ,special ,advisor1 ,senior ,advisor1 or other position performing a covered function1 regardless of title1 in the ,executive ,office of the ,president or any ,federal department or agency2 7,b7 includes a position the pay status of which is uncompensated or volunteer if the individual working in that position performs a covered function in that position2 and 7,c7 does not include a position that-- 7i7 does not represent the ,united ,states ,government to a foreign government or multinational organization2 and 7ii7 is engaged only to provide advice to the ,president1 the ,executive ,office of the ,president1 or any ,federal agency or department4 7#d7 ,financial interest 7,a7 ,in general ,the term financial interest1 with respect to a foreign country1 includes a financial interest in any entity1 including-- 7i7 an entity that maintains a contract with the government of the country2 7ii7 a state-affiliated enterprise2 7iii7 an enterprise affiliated with a government official of the country2 and 7iv7 a financial institution affiliated with the government of the country or a government official of the country4 7,b7 ,individual holding financial interest ,for purposes of this section1 the term financial interest1 with respect an individual1 includes-- 7i7 a financial interest held by the individual2 7ii7 a financial interest held by the spouse of the individual2 and 7iii7 a financial interest held by any member of the immediate family of the individual4 7,c7 ,rule of construction ,the term financial interest1 with respect to a foreign country-- 7i7 shall be construed as broadly as possible2 and 7ii7 shall not be limited to the examples listed in subparagraph 7,a74 7d7 ,requirements 7#a7 ,ethics and financial disclosures 7,a7 ,bribery1 graft1 and conflicts of interest ,any individual working in a covered position shall be deemed an officer or employee for purposes of chapter #aa of title #ah1 regardless of employment status1 compensation1 or volunteer status4 7,b7 ,financial disclosure requirements 7i7 ,persons required to file ,section #acajc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7,i7 in paragraph 7#aa71 by striking 2 and and inserting a semicolon2 7,,ii7 in paragraph 7#ab71 by striking the period at the end2 and 7,,iii7 by adding at the end the following3 7#ac7 an officer or employee working in a covered position1 as defined in subsection 7c77#c7 of the ,transparency in the ,administration's ,business ,opportunities ,overseas ,act4 4 7ii7 ,extension on time for filing ,section #acajc7;g7 of title #e1 ,united ,states ,code1 is amended-- 7,i7 in paragraph 7#a71 by striking ,reasonable and inserting ,except as provided in paragraph 7#c71 reasonable2 and 7,,ii7 by adding at the end the following3 7#c7 ,covered positions ,extensions of time for filing any report with respect to an officer or employee working in a covered position1 as defined in subsection 7c77#c7 of the ,transparency in the ,administration's ,business ,opportunities ,overseas ,act1 shall not exceed #cj days4 4 7iii7 ,technical and conforming amendment ,section #acajb7;a77#a7 of title #e1 ,united ,states ,code1 is amended by inserting and paragraph 7#ac7 after paragraphs 7#a7 through 7#h74 7#b7 ,financial interests 7,a7 ,written confirmation ,not later than #cj days after the date on which any individual begins working in a covered position-- 7i7 the individual shall confirm in writing that the individual-- 7,i7 has no financial interest in any foreign country with which the individual will be working2 7,,ii7 if a pre-existing financial interest exists1 will divest or place the financial interest in a qualified blind trust1 as defined in section #acajd7;f77#c7 of title #e1 ,united ,states ,code1 within #fj days of the date of the written confirmation2 and 7,,iii7 commits to undertaking no new financial interest in any foreign country with which the individual will be working during the #a-year period beginning on the date on which the individual vacates the covered position2 and 7ii7 the head of the relevant office1 department1 or agency that employs the individual shall-- 7,i7 review and certify the written confirmation required under clause 7i72 and 7,,ii7 submit the written confirmation required under clause 7i7 and certification required under subclause 7,i7 of this clause to the appropriate congressional committees4 7,b7 ,relation to other requirements ,a written confirmation required under subparagraph 7,a77#a7 shall be in addition to any other financial disclosure or ethics report otherwise required by law4 7e7 ,quarterly submissions 7#a7 ,in general ,not later than #ij days after the effective date under subsection 7h77#a71 and every #ij days thereafter1 the head of each ,federal agency and department shall submit to the ,president and the appropriate congressional committees a list of each individual working in a covered position at that ,federal agency or department4 7#b7 ,elements ,each list required under paragraph 7#a7 shall include1 with respect to each individual working in a covered position-- 7,a7 the name and title of the individual2 and 7,b7 a brief description of the duties of the individual1 including the countries and organizations the individual is expected to engage with on behalf of the ,united ,states ,government in the covered position4 7f7 ,enforcement 7#a7 ,statutory penalties 7,a7 ,penalties relating to written confirmation ,an individual working in a covered position who knowingly fails to comply with the requirements under subsection 7d77#b77;,a77i7 shall be fined under title #ah1 imprisoned for not more than #a year1 or both4 7,b7 ,other statutory penalties ,an individual working in a covered position who knowingly fails to comply with any requirement under this section1 or any amendment made by this section-- 7i7 shall lose access to ,united ,states ,government funds for staff support1 facilities1 travel support1 and consular services2 7ii7 shall be subject to referral to the ,department of ,justice2 and 7iii7 shall be subject to suspension from performing any covered function until compliance with this section and the amendments made by this section is achieved4 7#b7 ,agency enforcement 7,a7 ,designation of ethics officers ,the head of each ,federal agency or department employing an individual working in a covered position shall designate an ethics office responsible for compliance with this section4 7,b7 ,failure to submit certifications ,if the head of a ,federal agency or department fails to submit any certification under subsection 7d77#b77;,a77ii7 or any quarterly list under subsection 7e77#a71 the head of that ,federal agency or department shall report the failure to each appropriate congressional committee within #ae days of the discovery of such failure4 7#c7 ,additional consequences for noncompliance ,if an individual nominated for a covered position is found to be in violation of any provision of this section1 or an amendment made by this section1 a committee of ,congress may-- 7,a7 delay nomination hearings and confirmation processes for the individual2 7,b7 recommend suspension of the duties of the individual2 and 7,c7 determine if referral to the ,department of ,justice is warranted4 7g7 ,guidance ,not later than #abj days after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management and the ,director of the ,office of ,government ,ethics shall issue joint guidance to implement this section4 7h7 ,applicability 7#a7 ,effective date ,all requirements1 obligations1 and prohibitions established under this section1 and the amendments made by this section1 shall take effect #ahj days after the date of enactment of this ,act4 7#b7 ,current individuals working in covered positions ,any individual working in a covered position on the effective date under paragraph 7#a7 shall comply with all the requirements of this section1 and the amendments made by this section1 not later than #fj days after that effective date4 7#c7 ,no waiver or delay ,no provision of this section1 nor any amendment made by this section1 nor any requirement imposed thereunder1 may be waived1 delayed1 suspended1 or otherwise modified by the ,executive ,office of the ,president or any ,federal agency or department4 7#d7 ,continuing applicability ,compliance with this section1 and the amendments made by this section1 shall be a continuing condition of service in any covered position4 #gje4 ,end ,prediction ,market ,corruption ,act 7a7 ,ban on trading event contracts by certain ,government officials ,section #e;c of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #g;a-#b7 is amended by inserting after subsection 7c7 the following3 7d7 ,ban on trading event contracts by certain ,government officials 7#a7 ,definitions ,in this subsection3 7,a7 ,covered individual ,the term covered individual means-- 7i7 the ,president2 7ii7 the ,vice ,president2 and 7iii7 a ,member of ,congress4 7,b7 ,event contract ,the term event contract means an agreement1 contract1 transaction1 or swap in an excluded commodity that is based on an occurrence1 extent of an occurrence of1 or contingency4 7,c7 ,material nonpublic information ,the term material nonpublic information means information-- 7i7 that a reasonable investor would consider important in making a decision regarding purchasing1 selling1 or otherwise exchanging an agreement or contract in a commodity or a commodity for future delivery2 and 7ii7 that is not publicly available4 7,d7 ,member of ,congress ,the term ,member of ,congress has the meaning given the term in section #acaja of title #e1 ,united ,states ,code4 7,e7 ,senior executive branch official ,the term senior executive branch official means any officer or employee described in any of paragraphs 7#c7 through 7#h7 of section #acajc7;f7 of title #e1 ,united ,states ,code4 7#b7 ,ban on trading event contracts 7,a7 ,covered individuals ,no covered individual may purchase1 sell1 or otherwise exchange an event contract4 7,b7 ,senior executive branch officials ,no senior executive branch official may purchase1 sell1 or otherwise exchange an event contract the subject of which is a matter in which the senior executive branch official participates personally and substantially as a ,government officer or employee1 through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise1 in a judicial or other proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 charge1 accusation1 arrest1 or other particular matter4 7#c7 ,civil actions 7,a7 ,in general ,the ,attorney ,general may bring a civil action in the appropriate ,united ,states district court against any individual who engages in conduct in violation of paragraph 7#b74 7,b7 ,civil penalty ,in a civil action under subparagraph 7,a71 if it is demonstrated by a preponderance of the evidence that the individual has violated paragraph 7#b71 the individual shall be subject to a civil penalty of not more than the greater of-- 7i7 #aj1jjj for each violation2 and 7ii7 the amount of profit made through the purchase1 sale1 or exchange of the event contract in violation of paragraph 7#b74 7,c7 ,no preclusion of alternative remedies ,the imposition of a civil penalty under this paragraph does not preclude any other criminal or civil statutory1 common law1 or administrative remedy that is available by law to the ,united ,states or any other person4 7#d7 ,foreign boards of trade 7,a7 ,definition of foreign board of trade ,in this paragraph1 the term foreign board of trade means a board of trade that-- 7i7 is organized under the laws of a non-,united ,states jurisdiction or has its principal place of business outside the ,united ,states2 and 7ii7 avails itself of any means or instrumentality of interstate commerce in the conduct of its business as a board of trade4 7,b7 ,quarterly reports ,each foreign board of trade shall submit to the ,commission quarterly reports describing each purchase1 sale1 or other exchange on the foreign board of trade in violation of paragraph 7#b74 7,c7 ,enforcement ,a foreign board of trade that fails to submit a report required by subparagraph 7,b7 shall be subject to revocation of the registration of the foreign board of trade by the ,commission4 7#e7 ,insider trading ,the ,commission shall issue a rule to restrict the inappropriate use of material nonpublic information1 in breach of an express or implied duty not to use or disclose such material nonpublic information1 as a means of making a profit through the purchase1 sale1 or other exchange of an event contract1 including by requiring designated contract markets to prohibit the purchase1 sale1 or other exchange of an event contract by such individuals as the ,commission determines to be appropriate in the public interest4 4 7b7 ,financial disclosure reports 7#a7 ,annual and termination reports ,section #acajd7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,disclosure relating to event contracts 7,a7 ,definitions ,in this paragraph3 7i7 ,covered reporting individual ,the term covered reporting individual means an individual described in paragraphs 7#a7 through 7#aj7 of section #acajc7;f74 7ii7 ,dependent child ,the term dependent child has the meaning given the term in section #acaja4 7iii7 ,event contract ,the term event contract has the meaning given the term in subsection 7d77#a7 of section #e;c of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #g;a-#b74 7,b7 ,requirement ,each report filed pursuant to subsection 7d7 or 7e7 of section #acajc by a covered reporting individual shall include-- 7i7 a statement of whether1 during the period covered by the report1 the covered reporting individual1 or the spouse or dependent child of the covered reporting individual1 purchased1 sold1 or otherwise exchanged an event contract2 and 7ii7 with respect to any event contract described in clause 7i71 a description of the event contract and the value of the event contract4 4 7#b7 ,periodic event contract transaction reports ,section #acaje of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,periodic event contract transaction reports 7#a7 ,definitions ,for purposes of this subsection1 the terms covered reporting individual and event contract have the meanings given those terms in section #acajd7;a77#i77;,a74 7#b7 ,requirement ,not later than #cj days after receiving notification of any event contract transaction required to be reported under section #acajd7;a77#i71 but in no case later than #de days after such event contract transaction1 a covered reporting individual shall file a report of the transaction that includes a description of the event contract that is the subject of the transaction and the value of the event contract4 4 #gjf4 ,end ,crypto ,corruption ,act 7a7 ,short title ,this section may be cited as the ,end ,crypto ,corruption ,act of #bjbf4 7b7 ,prohibited financial transactions 7#a7 ,in general ,chapter #aca of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iv ,prohibited financial transactions #acaea4 ,definitions ,in this subchapter3 7#a7 ,covered individual ,the term covered individual means-- 7,a7 the ,president2 7,b7 the ,vice ,president2 7,c7 a ,member of ,congress2 7,d7 an individual appointed to a ,senate-confirmed position2 or 7,e7 a special ,government employee 7as defined in section #bjb of title #ah7 associated with the ,executive ,office of the ,president4 7#b7 ,dependent child2 ,member of ,congress ,the terms dependent child and ,member of ,congress have the meanings given those terms in section #acaja4 7#c7 ,directly ,the term directly means by virtue of the ownership or beneficial interest of a covered individual1 or the spouse or dependent child of a covered individual1 in a financial interest described in paragraph 7#e77;,a74 7#d7 ,indirectly ,the term indirectly means by virtue of the financial interest of a covered individual1 or the spouse or dependent child of a covered individual1 in a business entity1 partnership interest1 company1 investment fund1 trust1 or other third party in which the covered individual1 or the spouse or dependent child of a covered individual1 has an ownership or beneficial interest4 7#e7 ,prohibited financial transaction 7,a7 ,in general ,the term prohibited financial transaction means-- 7i7 any issuance1 sponsorship1 or endorsement of a cryptocurrency1 meme coin1 token1 non-fungible token1 stablecoin1 or other digital asset that is sold for remuneration2 7ii7 any financial interest comparable to an interest described in clause 7i7 that is acquired through synthetic means1 such as the use of a derivative1 including an option1 warrant1 or other similar means2 or 7iii7 any financial interest comparable to an interest described in clause 7i7 that is acquired as part of an aggregation or compilation of such interests through a mutual fund1 exchange-traded fund1 or other similar means4 7,b7 ,exclusions ,the term prohibited financial transaction does not include the mere purchase1 sale1 holding1 or other conduct relating to financial instruments or assets routinely accessible to any member of the public4 7#f7 ,senate-confirmed position ,the term ,senate-confirmed position means a position in a department or agency of the executive branch of the ,united ,states for which appointment is required to be made by the ,president1 by and with the advice and consent of the ,senate4 #acaeb4 ,prohibition on certain transactions 7a7 ,prohibition ,except as provided in subsection 7b71 a covered individual1 or the spouse or dependent child of a covered individual1 may not engage directly or indirectly in a prohibited financial transaction-- 7#a7 during the term of service of the covered individual2 or 7#b7 during the #a-year period beginning on the date on which the service of the covered individual is terminated4 7b7 ,liability and immunity ,for purposes of any immunities to civil liability1 any conduct relating to a prohibited financial transaction under this section shall be deemed an unofficial act and beyond the scope of the official duties of the relevant covered individual4 #acaec4 ,civil penalties 7a7 ,civil action ,the ,attorney ,general may bring a civil action in any appropriate district court of the ,united ,states against any covered individual who violates section #acaeb7;a74 7b7 ,civil penalty ,any covered individual who knowingly violates section #acaeb7;a7 shall be subject to a civil monetary penalty equal to not more than #aj percent of the value of the financial interest that is the subject of the prohibited conduct1 or the amount of financial gain1 if any1 that the covered individual benefitted from relating to the prohibited conduct1 whichever is greater4 7c7 ,disgorgement ,a covered individual who is found to have violated section #acaeb7;a7 in a civil action under subsection 7a7 shall disgorge to the ,treasury of the ,united ,states any profit from the prohibited conduct that is the subject of that civil action4 4 7#b7 ,clerical amendment ,the table of sections for chapter #aca of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,subchapter ,,iv--,prohibited financial transactions #acaea4 ,definitions4 #acaeb4 ,prohibition on certain transactions4 #acaec4 ,civil penalties4 4 7c7 ,criminal penalties relating to prohibited financial transactions 7#a7 ,in general ,chapter #aa of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bbg;,a4 ,prohibited financial transactions 7a7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means-- 7,a7 the ,president2 7,b7 the ,vice ,president2 7,c7 a ,member of ,congress2 7,d7 an individual appointed to a ,senate-confirmed position2 or 7,e7 a special ,government employee 7as defined in section #bjb7 associated with the ,executive ,office of the ,president4 7#b7 ,member of ,congress ,the term ,member of ,congress has the meaning given that term in section #acaja of title #e4 7#c7 ,prohibited financial transaction 7,a7 ,in general ,the term prohibited financial transaction means-- 7i7 any issuance1 sponsorship1 or endorsement of a cryptocurrency1 meme coin1 token1 non-fungible token1 stablecoin1 or other digital asset that is sold for remuneration2 or 7ii7 any financial interest comparable to an interest described in clause 7i7 that is acquired through synthetic means1 such as the use of a derivative1 including an option1 warrant1 or other similar means4 7,b7 ,exclusions ,the term prohibited financial transaction does not include the mere purchase1 sale1 holding1 or other conduct relating to financial instruments or assets routinely accessible to any member of the public4 7#d7 ,senate-confirmed position ,the term ,senate-confirmed position means a position in a department or agency of the executive branch of the ,united ,states for which appointment is required to be made by the ,president1 by and with the advice and consent of the ,senate4 7b7 ,benefitting from prohibited financial transaction ,any covered individual who-- 7#a7 knowingly violates any provision of section #acaeb7;a7 of title #e2 and 7#b7 through such violation-- 7,a7 causes an aggregate loss of not less than #a1jjj1jjj to #a or more persons in the ,united ,states2 or 7,b7 benefits financially1 through profit1 gain1 or advantage1 directly or indirectly through any family member or business associate of the covered individual1 from the sale1 purchase1 or distribution of the financial interest described in subsection 7a77#c77;,a77i7 issued1 sponsored1 or endorsed in violation of section #acaeb7;a7 of title #e1 shall be fined under this title1 imprisoned for not more than #e years1 or both4 7c7 ,bribery ,any covered individual who-- 7#a7 knowingly violates any provision of section #acaeb7;a7 of title #e2 and 7#b7 directly or indirectly1 corruptly demands1 seeks1 receives1 accepts1 or agrees to receive or accept any thing of value personally or for any other person or entity1 in return for-- 7,a7 being influenced in the performance of any official act2 7,b7 being influenced to commit or aid in committing1 or to collude in1 or allow1 any fraud1 or make opportunity for the commission of any fraud1 on the ,united ,states2 or 7,c7 being induced to do or omit to do any act in violation of the official duty of such official or person1 shall be fined under this title or not more than #b times the monetary equivalent of the thing of value1 whichever is greater1 or imprisoned for not more than #e years1 or both1 and may be disqualified from holding any office of honor1 trust1 or profit under the ,united ,states4 7d7 ,intent ,to incur criminal liability under this section1 it shall not be required that a covered individual intended to create a financial interest described in subsection 7a77#c77;,a77i7 through the issuance1 sponsorship or endorsement of the financial interest described in subsection 7a77#c77;,a77i74 7e7 ,liability and immunity ,for purposes of any immunities to civil and criminal liability1 any conduct relating to a prohibited financial transaction under this section shall be deemed an unofficial act and beyond the scope of official duties of the relevant covered individual4 4 7#b7 ,clerical amendment ,the table of sections for chapter #aa of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bbg the following3 #bbg;,a4 ,prohibited financial transactions4 4 #gjg4 ,stop ,corrupt ,gratuities ,act 7a7 ,in general ,section #fff of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking 7b7 and inserting 7c72 7#b7 by redesignating subsections 7b71 7c71 and 7d7 as subsections 7c71 7d71 and 7e71 respectively2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,gratuities ,whoever1 if the circumstance described in subsection 7c7 of this section exists1 otherwise than as provided by law for the proper discharge of official duty-- 7#a7 being an agent of an organization1 or of a ,state1 local1 or ,indian tribal government1 or any agency thereof1 solicits or demands for the benefit of any person1 or accepts or agrees to accept1 anything of value from any person1 intending to be rewarded in connection with any business1 transaction1 or series of transactions of such organization1 government1 or agency involving anything of value of #e1jjj or more2 or 7#b7 gives1 offers1 or agrees to give1 anything of value to any person1 with intent to reward an agent of an organization or of a ,state1 local or ,indian tribal government1 or any agency thereof1 in connection with any business1 transaction1 or series of transactions of such organization1 government1 or agency involving anything of value of #e1jjj or more2 shall be fined under this title1 imprisoned not more than #b years1 or both4 2 and 7#d7 in subsection 7c71 as so redesignated1 by striking subsection 7a7 and inserting subsections 7a7 and 7b74 7b7 ,conforming amendments 7#a7 ,headings ,section #fff of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by striking ,theft or bribery and inserting ,theft1 bribery1 or gratuities2 7,b7 in subsection 7a71 by striking ,whoever and inserting ,bribes4--,whoever2 7,c7 in subsection 7c71 as so redesignated1 by striking ,the and inserting ,covered circumstance4--,the2 7,d7 in subsection 7d71 as so redesignated1 by striking ,this and inserting ,exception for salary1 wages1 and fees4--,this2 and 7,e7 in subsection 7e71 as so redesignated1 by striking ,as and inserting ,definitions4--,as4 7#b7 ,table of sections ,the table of sections for chapter #ca of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #fff and inserting the following3 #fff4 ,theft1 bribery1 or gratuities concerning programs receiving ,federal funds4 4 #gjh4 ,change ,corruption ,act ,subchapter ,,ii of chapter #ea of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in section #eaab1 by adding at the end the following3 7bb7 ,prohibition on certain representations ,neither of the following may appear on any ,united ,states coin1 including any such coin issued to celebrate the semiquincentennial of the ,united ,states3 7#a7 ,the likeness of the sitting ,president4 7#b7 ,the likeness of any living former ,president4 7cc7 ,,ccac approval required ,notwithstanding any other provision of law1 no ,united ,states coin may be minted unless the design for that coin has been reviewed and recommended by the ,citizens ,coinage ,advisory ,committee4 2 and 7#b7 in section #eaad7;b7-- 7,a7 in the second sentence1 by inserting after securities the following3 1 including on any ,united ,states currency or security issued to celebrate the semiquincentennial of the ,united ,states2 and 7,b7 by adding at the end the following3 ,the signature of the sitting ,president may not appear on any ,united ,states currency or security44 #gji4 ,stop ,trading on ,predictions and ,corrupt ,bets ,act 7a7 ,prohibition on certain event contracts ,section #e;c7c77#e7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #g;a-#b7;c77#e77 is amended by adding at the end the following3 7,d7 ,prohibition on certain event contracts 7i7 ,in general ,notwithstanding any other provision of this section1 no agreement1 contract1 transaction1 or swap involving any matter described in clause 7ii7 7or any index1 measure1 value1 or data related thereto1 or occurrence1 extent of an occurrence1 or contingency based thereon7 may be listed or made available for clearing or trading on or through a registered entity4 7ii7 ,matters described ,the matters referred to in clause 7i7 are-- 7,i7 any political election or contest2 7,,ii7 subject to clause 7iii71 any action taken by the executive1 legislative1 or judicial branch of the ,united ,states2 7,,iii7 any sporting event or contest2 and 7,,iv7 any military action taken by the ,united ,states or any foreign country4 7iii7 ,hedging ,the prohibition under clause 7i7 with respect to any matter described in clause 7ii77,,ii7 shall not apply to an agreement1 contract1 transaction1 or swap that is used for hedging or mitigating commercial risk1 as the ,commission may determine by rule or regulation4 4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 notwithstanding the amendment made by subsection 7a71 the intent of ,congress in the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a et seq47 is the prohibition of the conduct prohibited by that amendment2 7#b7 for the purpose of preventing a ,federal regulatory structure that permits gambling1 the ,commodity ,futures ,trading ,commission should prohibit the availability for clearing or trading on or through any registered entity 7as defined in section #a;a of that ,act 7#g ,u4,s4,c4 #a;a77 any agreement1 contract1 transaction1 or swap 7as defined in that section7 that is not used for hedging or mitigating commercial risk2 and 7#c7 nothing in this section or any amendment made by this section preempts any ,state law that regulates or prohibits gambling or gaming4 7c7 ,,gao study ,not later than #fj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study on-- 7,a7 prediction markets1 including-- 7i7 insider trading in prediction markets2 and 7ii7 the impacts on individuals aged #ah to #bj years old of trading in prediction markets2 7,b7 additional types of prediction markets that are not prohibited by the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a et seq47 7as amended by subsection 7a77 for the purpose of preventing a ,federal regulatory structure that permits gambling1 including by examining any agreement1 contract1 transaction1 or swap 7as defined in section #a;a of that ,act 7#g ,u4,s4,c4 #a;a77 that is not used for hedging or mitigating commercial risk2 and 7,c7 means ,congress can use to address illegal acts occurring in foreign prediction markets and in domestic prediction markets committed by companies with a presence in a foreign country and in the ,united ,states to preserve the integrity of prediction markets2 and 7#b7 make publicly available and submit to ,congress a report describing the results of the study conducted under paragraph 7#a71 including recommendations to ,congress to preserve the integrity of prediction markets4 #gaj4 ,prohibit ,partisan ,park ,passes ,act ,section #hje7;a77#b7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjd7;a77#b77 is amended-- 7#a7 in the paragraph heading1 by striking ,image competition and inserting ,images2 7#b7 in the second sentence1 by striking ,the and inserting the following3 7,b7 ,requirements ,the 2 7#c7 in the first sentence1 by striking ,the ,secretaries and inserting the following3 7,a7 ,in general ,the ,secretaries 2 and 7#d7 by adding at the end the following3 7,c7 ,limitation ,the image used on the ,national ,parks and ,federal ,recreational ,lands ,pass may not include a living current or former elected official or other living political figure4 4 #gaa4 ,prohibition on use of funds by ,,gsa ,the ,administrator of ,general ,services may not provide assistance for any purchase1 sale1 lease1 or other transaction involving real property 7including federally owned or leased real property7 if the ,administrator determines that the transaction would-- 7#a7 violate any applicable ,federal ethics requirements1 including the ,standards of ,ethical ,conduct for ,employees of the ,executive ,branch contained in part #bfce of title #e1 ,code of ,federal ,regulations 7or successor regulations72 or 7#b7 constitute-- 7,a7 a conflict of interest1 or the appearance of such a conflict2 7,b7 preferential treatment2 or 7,c7 undue influence4 ,,viii ,ensure liberty and justice for all #hja4 ,disclosure of directives and inquiries from the ,executive ,office of the ,president to the ,department of ,justice 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,,cfius-related covered directive or inquiry ,the term ,,cfius-related covered directive or inquiry means a covered directive or inquiry relating to a covered transaction under section #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe74 7#c7 ,covered directive or inquiry ,the term covered directive or inquiry means a directive or inquiry1 including any email1 memorandum1 phone call1 or text message sent through a personal or official mechanism1 made by a covered individual to an officer or employee of the ,department of ,justice regarding any contemplated1 ongoing1 or past litigation conducted by the ,department of ,justice in any civil or criminal matter 7regardless of whether a civil action or criminal indictment or information has been filed74 7#d7 ,covered individual ,the term covered individual-- 7,a7 means an officer or employee of the ,executive ,office of the ,president1 including the ,chief of ,staff to the ,president1 the ,counsel to the ,president1 and the ,national ,security ,advisor2 and 7,b7 includes the ,president and the ,vice ,president4 7#e7 ,non-,,cfius covered directive or inquiry ,the term non-,,cfius covered directive or inquiry means a covered directive or inquiry that does not relate to a covered transaction under section #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe74 7b7 ,monthly disclosure ,not later than #fj days after the date of enactment of this ,act1 and not less frequently than monthly thereafter1 the ,chief of ,staff to the ,president shall submit to-- 7#a7 the appropriate committees of ,congress a report that discloses each non-,,cfius covered directive or inquiry made during the preceding month2 and 7#b7 the ,select ,committee on ,intelligence of the ,senate and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report that discloses each ,,cfius-related covered directive or inquiry made during the preceding month4 #hjb4 ,prohibition on payments from judgment fund without congressional approval ,no payment may be made from the ,anti-,weaponization ,fund1 established by the ,attorney ,general1 without congressional approval4 ,,ix ,prevent authoritarian policing tactics on ,america's streets #ija4 ,preventing ,authoritarian ,policing ,tactics on ,america's ,streets ,act 7a7 ,definitions ,in this section-- 7#a7 the term ,federal law enforcement officer means-- 7,a7 an employee or officer in a position in the executive1 legislative1 or judicial branch of the ,federal ,government who is authorized by law to engage in or supervise a law enforcement function2 or 7,b7 an employee or officer of a contractor or subcontractor 7at any tier7 of an agency in the executive1 legislative1 or judicial branch of the ,federal ,government who is authorized by law or under the contract with the agency to engage in or supervise a law enforcement function2 7#b7 the term law enforcement function means the prevention1 detection1 or investigation of1 or the prosecution or incarceration of any person for1 any violation of immigration or criminal law2 and 7#c7 the term member of an armed force means a member of any of the ,armed ,forces1 as defined in section #aja7;a77#d7 of title #aj1 ,united ,states ,code1 or a member of the ,national ,guard1 as defined in section #aja7c7 of title #cb1 ,united ,states ,code4 7b7 ,required identification 7#a7 ,in general ,each ,federal law enforcement officer or member of an armed force who is engaged in any form of crowd control1 riot control1 or arrest or detainment of individuals engaged in an act of civil disobedience1 demonstration1 protest1 or riot in the ,united ,states shall at all times display identifying information in a clearly visible fashion1 which shall include the ,federal agency and the last name or unique identifier of the ,federal law enforcement officer or for a member of an armed force1 the last name or unique identifier and rank of the member4 7#b7 ,specific prohibitions 7,a7 ,covering of identifying information ,a ,federal law enforcement officer or member of an armed force may not tape over or otherwise obscure or conceal the identifying information required under paragraph 7#a7 while the officer or member is engaged in any form of law enforcement activity described in paragraph 7#a74 7,b7 ,use of unmarked vehicles ,a ,federal law enforcement officer or member of an armed force may not use an unmarked vehicle for the apprehension1 detention1 or arrest of civilians while the officer or member is engaged in any form of law enforcement activity described in paragraph 7#a74 7c7 ,limitation on arrest authority ,it shall be unlawful for a ,federal law enforcement officer or member of an armed force to arrest an individual in the ,united ,states if the ,federal law enforcement officer or member of an armed force is conducting a law enforcement function in violation of subsection 7b74 7d7 ,notice to the public ,not later than #bd hours after deployment of a ,federal law enforcement officer or member of an armed force in response to any crowd control incident1 riot1 or public disturbance1 the ,federal agency or armed force responsible for such deployment shall publish prominent public notice on that public facing website of the agency or armed force that includes the following information3 7#a7 ,the date of deployment of personnel for crowd control purposes4 7#b7 ,the number of ,federal law enforcement officers of the agency or members of the armed force in each city1 town1 or locality functioning in a law enforcement capacity4 7#c7 ,a description of the specific nature of the mission4 7#d7 ,the location of any civilians being detained by the ,federal law enforcement officers or members of the armed force deployed1 and under whose custody the civilians are being held4 #ijb4 ,insurrection ,act of #bjbf 7a7 ,statement of constitutional authority ,this section represents an exercise of ,congress's authorities under-- 7#a7 clauses #ad1 #ae1 #af1 and #ah of section #h of article ,i of the ,constitution of the ,united ,states2 7#b7 section #d of article ,,iv of the ,constitution of the ,united ,states2 and 7#c7 section #e of the #adth ,amendment to the ,constitution of the ,united ,states4 7b7 ,amendments to insurrection provisions in title #aj1 ,united ,states ,code ,chapter #ac of title #aj1 ,united ,states ,code1 is amended by striking sections #bea through #bee and inserting the following new sections3 #bea4 ,statement of policy ,it is the policy of the ,united ,states that domestic deployment of the ,armed ,forces for the purposes set forth in this chapter should be a last resort and should be ordered only if ,state and local authorities in the ,state concerned are unable or otherwise fail to suppress the insurrection or rebellion1 quell domestic violence1 or enforce the laws that are being obstructed1 and ,federal civilian law enforcement authorities are unable to do so4 #beb4 ,triggering circumstances 7a7 ,in general ,the authorities granted to the ,president by section #bec may be exercised only if-- 7#a7 there is an insurrection or rebellion in a ,state-- 7,a7 against the ,state or local government1 in such numbers1 or with such force or capacity1 as to overwhelm ,state or local authorities1 and the chief executive of the ,state requests assistance under this chapter2 or 7,b7 against the ,government of the ,united ,states1 in such numbers1 or with such force or capacity1 as to overwhelm ,state or local authorities2 7#b7 there is domestic violence in a ,state that is sufficiently widespread or severe as to overwhelm ,state or local authorities1 and the chief executive of the ,state1 or super majority of the ,state legislature1 requests assistance under this chapter2 or 7#c7 there is1 within a ,state-- 7,a7 obstruction of the execution of ,state or ,federal law that has the effect of depriving any party or class of the people of that ,state of a right1 privilege1 immunity1 or protection named in the ,constitution and secured by law1 and ,state or local authorities or ,federal civilian law enforcement personnel are unable1 fail1 or refuse to protect that right1 privilege1 or immunity1 or to give that protection2 7,b7 obstruction of the execution of ,federal law by private actors where such obstruction creates an immediate threat to public safety and the use of ,state or local authorities and ,federal civilian law enforcement personnel is insufficient to ensure execution of the law and-- 7i7 the private actors are in such numbers1 or with such force or capacity1 as to overwhelm ,state or local authorities and ,federal civilian law enforcement personnel2 or 7ii7 ,state or local authorities and ,federal civilian law enforcement personnel otherwise fail to address the obstruction2 or 7,c7 obstruction of the execution of ,federal law by the ,state or its agents1 where the use of ,federal civilian law enforcement personnel is insufficient to ensure execution of the law4 7b7 ,rules of construction 7#a7 ,subsection 7a77#c77;,a7 shall be construed to encompass the obstruction of any provision of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 or section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7 regarding protection of the right to vote4 ,any deployment of the ,armed ,forces in such circumstances shall be subject to section #bjjc of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajajb71 sections #eib and #eic of title #ah1 and any other applicable statutory limitations designed to protect the right to vote4 7#b7 ,in any situation covered by subsection 7a77#c77;,a71 the ,state shall be considered to have denied the equal protection of the laws secured by the ,constitution4 #bec4 ,authority of the ,president 7a7 ,in general ,subject to subsection 7b7 and sections #bed through #beg1 the ,president may1 if the conditions specified in section #beb are met1 order to active duty any reserve component forces and use the ,armed ,forces to suppress the insurrection or rebellion1 quell domestic violence1 or enforce the laws that are being obstructed4 7b7 ,limitations 7#a7 ,during any deployment of the ,armed ,forces under subsection 7a71 the ,armed ,forces shall remain subordinate to the chain of command prescribed in section #afb7;b7 of this title4 7#b7 ,any part of the ,armed ,forces employed to suppress an insurrection or rebellion1 quell domestic violence1 or enforce the law under the authorities granted by subsection 7a7 must operate under the ,standing ,rules for the ,use of ,force4 7#c7 ,nothing in this chapter shall be construed to authorize-- 7,a7 suspension of the writ of habeas corpus2 or 7,b7 any action that violates ,federal law or1 where consistent with ,federal law1 ,state law4 7c7 ,standing ,rules for the ,use of ,force ,in this section1 the term ,standing ,rules for the ,use of ,force means ,chairman of the ,joint ,chiefs of ,staff ,instruction 7,,cjcsi7 #caba4ja;,b1 dated ,june #ac1 #bjje1 and entitled1 ,standing ,rules of ,engagement_/,standing ,rules for the ,use of ,force for ,u4,s4 ,forces1 or any successor instruction4 #bed4 ,consultation with ,congress2 proclamation to disperse2 reporting requirement2 effective periods of authorities 7a7 ,consultation ,the ,president shall1 to the maximum extent practicable1 consult with ,congress before exercising the authorities granted under section #bec4 7b7 ,proclamation ,before exercising the authorities granted by section #bec1 the ,president shall1 by proclamation immediately transmitted to ,congress and the ,federal ,register-- 7#a7 specify which paragraph and1 where applicable1 subparagraph and clause1 of section #beb7;a7 provides the basis for such exercise of authority2 and 7#b7 order the lawbreakers to disperse peaceably within a reasonable1 limited time period4 7c7 ,report ,contemporaneously with the proclamation required under subsection 7b71 the ,president shall submit to the ,president pro tempore of the ,senate and the ,speaker of the ,house of ,representatives a written report setting forth the following3 7#a7 ,the circumstances necessitating the exercise of the authorities granted to the ,president by section #bec4 7#b7 ,where applicable1 a certification by the ,attorney ,general of the ,united ,states that the chief executive of the ,state in question has requested assistance under this chapter or that ,state authorities are unable or have otherwise failed to address the circumstances necessitating exercise of the ,president's authorities under section #bec4 7#c7 ,certification by the ,attorney ,general of the ,united ,states that options other than the use of the ,armed ,forces have been exhausted1 or that those options would likely be insufficient to resolve the situation and that delay would likely cause significant harm4 7#d7 ,a description of the size1 mission1 scope1 and expected duration of the use of the ,armed ,forces1 with a certification by the relevant ,service ,secretary or ,secretaries that1 in their best military advice and opinion1 the ,armed ,forces to be called for duty are trained1 equipped1 and able to complete the assigned mission4 #bee4 ,congressional approval 7a7 ,temporary effective periods 7#a7 ,any authority made available under section #bec shall terminate #g days after the ,president makes the proclamation required under section #bed7;b7 unless-- 7,a7 there is enacted into law a joint resolution of approval under subsection 7b7 with respect to the proclamation2 or 7,b7 there is a material and significant change in factual circumstances that are set forth in a new proclamation and report to ,congress as provided in subsections 7b7 and 7c7 of section #bed4 7#b7 ,notwithstanding subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 no authority may be exercised after the #g-;day period described in such paragraph if the exercise of authority has been enjoined by a court of competent jurisdiction4 7#c7 ,if ,congress is physically unable to convene as a result of an insurrection1 rebellion1 domestic violence1 or obstruction of law described in a proclamation issued pursuant to section #bed7;b71 the #g-;day period described in paragraph 7#a7 shall begin on the first day ,congress convenes for the first time after the insurrection1 rebellion1 domestic violence1 or obstruction of law4 7b7 ,effect of a joint resolution of approval ,if there is enacted into law a joint resolution of approval as defined in subsection 7d71 then any authority made available under this chapter may be exercised with respect to the insurrection1 rebellion1 or domestic violence described in the proclamation that is the subject of such resolution for #ad days from the date of the enactment of such resolution1 except that such exercise of authority must terminate if enjoined by a court of competent jurisdiction on the ground that it violates the terms of this chapter1 the ,constitution of the ,united ,states1 or other applicable ,federal law4 7c7 ,renewal of joint resolutions of approval ,an exercise of authority subject to a joint resolution of approval may not be exercised for longer than #ad days1 unless-- 7#a7 there is enacted into law another joint resolution of approval renewing the ,president's authority pursuant to section #bec2 or 7#b7 there has been a material and significant change in factual circumstances that are set forth in a new proclamation and report to ,congress as provided in subsections 7b7 and 7c7 of section #bed4 7d7 ,joint resolution of approval defined ,in this section1 the term joint resolution of approval means a joint resolution that contains only the following provisions after its resolving clause3 7#a7 ,a provision approving the exercise of authority specified by the ,president in a proclamation made under subsection 7b7 of section #bed4 7#b7 ,a statement that the exercise of authority may continue for a period of #ad days unless enjoined by a court of competent jurisdiction on the ground that it violates the terms of this chapter1 the ,constitution of the ,united ,states1 or other applicable ,federal or ,state law4 7e7 ,procedures for consideration of joint resolutions of approval 7#a7 ,introduction ,a joint resolution of approval may be introduced in either ,house of ,congress by any member of that ,house at any time that authority under section #bec is in effect pursuant to a proclamation made under section #bed7;b7 or a joint resolution of approval enacted into law pursuant to subsection 7b74 7#b7 ,requests to convene ,congress during recesses ,if1 when the ,president transmits to ,congress a proclamation under section #bed7;b7 or at any time that authority under section #bec is in effect as described in paragraph 7#a71 ,congress has adjourned sine die or has adjourned for any period in excess of #c calendar days1 the majority leader of the ,senate and the ,speaker of the ,house of ,representatives1 or their respective designees1 acting jointly after consultation with and with the concurrence of the minority leader of the ,senate and the minority leader of the ,house1 shall notify the ,members of the ,senate and ,house1 respectively1 to reassemble at such place and time as they may designate if1 in their opinion1 the public interest shall warrant it4 7#c7 ,committee referral ,a joint resolution of approval shall be referred in each ,house of ,congress to the committee or committees having jurisdiction over the emergency authorities invoked by the proclamation under section #bed7;b7 that are the subject of the joint resolution4 7#d7 ,consideration in ,senate ,in the ,senate1 the following shall apply3 7,a7 ,reporting and discharge ,if the committee to which a joint resolution of approval has been referred has not reported it at the end of #c calendar days after its introduction1 that committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar4 7,b7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 when the committee to which a joint resolution of approval is referred has reported the resolution1 or when that committee is discharged under subparagraph 7,a7 from further consideration of the resolution1 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion to proceed is subject to #d hours of debate divided evenly between those favoring and those opposing the joint resolution of approval4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 7,c7 ,floor consideration ,a joint resolution of approval shall be subject to #aj hours of consideration1 to be divided evenly between those favoring and those opposing the joint resolution of approval4 7,d7 ,amendments ,no amendments shall be in order with respect to a joint resolution of approval4 7,e7 ,motion to reconsider final vote ,a motion to reconsider a vote on passage of a joint resolution of approval shall not be in order4 7,f7 ,appeals ,points of order1 including questions of relevancy1 and appeals from the decision of the ,presiding ,officer1 shall be decided without debate4 7#e7 ,consideration in ,house of ,representatives ,in the ,house of ,representatives1 the following shall apply3 7,a7 ,reporting and discharge ,if any committee to which a joint resolution of approval has been referred has not reported it to the ,house within #c calendar days after the date of referral1 such committee shall be discharged from further consideration of the joint resolution4 7,b7 ,proceeding to consideration 7i7 ,in general ,beginning on the third legislative day after each committee to which a joint resolution of approval has been referred reports it to the ,house or has been discharged from further consideration of the joint resolution1 and except as provided in clause 7ii71 it shall be in order to move to proceed to consider the joint resolution in the ,house4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7ii7 ,subsequent motions to proceed to joint resolution of approval ,a motion to proceed to consider a joint resolution of approval shall not be in order after the ,house has disposed of another motion to proceed on that resolution4 7,c7 ,floor consideration ,upon adoption of the motion to proceed in accordance with subparagraph 7,b77i71 the joint resolution of approval shall be considered as read4 ,the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except #b hours of debate1 equally divided and controlled by the sponsor of the joint resolution 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution shall not be in order4 7,d7 ,amendments ,no amendments shall be in order with respect to a joint resolution of approval4 7#f7 ,receipt of resolution from other ,house ,if1 before passing a joint resolution of approval1 one ,house receives a joint resolution of approval from the other ,house1 then-- 7,a7 the joint resolution of the other ,house shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received2 and 7,b7 the procedures set forth in paragraphs 7#d7 and 7#e71 as applicable1 shall apply in the receiving ,house to the joint resolution received from the other ,house to the same extent as such procedures apply to a joint resolution of the receiving ,house4 7f7 ,rule of construction ,the enactment of a joint resolution of approval under this section shall not be interpreted to serve as a grant or modification by ,congress of statutory authority of the ,president4 7g7 ,rules of the ,house and ,senate ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in the ,house in the case of joint resolutions described in this section1 and supersedes other rules only to the extent that it is inconsistent with such other rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #bef4 ,termination of authority 7a7 ,in general ,any exercise of authority specified by the ,president in a proclamation made under subsection 7b7 of section #bed shall terminate on the earliest of-- 7#a7 the date provided for in section #bee7;a72 7#b7 the date provided for in section #bee7;b72 7#c7 the date specified in an ,act of ,congress terminating the authority2 7#d7 the date specified in a proclamation of the ,president terminating the emergency2 or 7#e7 the date of a revocation of a request for assistance under this chapter by the chief executive of the ,state in question4 7b7 ,effect of termination 7#a7 ,in general ,effective on the date of the termination of authority under subsection 7a7-- 7,a7 except as provided by paragraph 7#b71 any powers or authorities exercised by reason of the authority shall cease to be exercised2 7,b7 any amounts reprogrammed or transferred under any provision of law with respect to the exercise of authority that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated2 and 7,c7 any contracts entered into under any provision of law relating to the execution of authority shall be terminated4 7#b7 ,savings provision ,the termination of an exercise of authority under this chapter shall not affect-- 7,a7 any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under subsection 7a72 7,b7 any legal action or legal proceeding based on any act committed prior to that date2 or 7,c7 any rights or duties that matured or penalties that were incurred prior to that date4 #beg4 ,judicial review 7a7 ,in general ,notwithstanding1 and without prejudice to1 any other provision of law1 any individual or entity 7including a ,state or local government7 that is injured by1 or has a credible fear of injury from1 the use of members of the ,armed ,forces under this chapter may bring a civil action for declaratory or injunctive relief4 ,in any action under this section1 the district court shall have jurisdiction to decide any question of law or fact arising under this chapter1 including challenges to the legal basis for members of the ,armed ,forces to be acting under this chapter4 7b7 ,standard of review ,a determination that the conditions specified in section #beb are met shall be upheld if supported by substantial evidence4 7c7 ,expedited consideration ,it shall be the duty of the applicable district court of the ,united ,states and the ,supreme ,court of the ,united ,states to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section4 7d7 ,appeals 7#a7 ,in general ,the ,supreme ,court of the ,united ,states shall have jurisdiction of an appeal from a final decision of a district court of the ,united ,states in a civil action brought under this section4 7#b7 ,filing deadline ,a party shall file an appeal under paragraph 7#a7 not later than #cj days after the court issues a final decision under subsection 7a74 #beh4 ,state defined ,for purposes of this chapter1 the term ,state includes the ,commonwealth of ,puerto ,rico1 the ,district of ,columbia1 ,guam1 and the ,virgin ,islands4 #bei4 ,limitation on use of ,national ,guard members performing training or other duty for certain purposes ,a member of the ,national ,guard performing training or other duty under section #ejb7;a7 or 7f7 of title #cb may not be used to suppress a domestic insurrection or rebellion1 quell domestic violence1 or enforce the law4 4 7c7 ,conforming amendments 7#a7 ,use of ,state defense forces ,section #aji7;c7 of title #cb1 ,united ,states ,code1 is amended by inserting 1 except as provided by section #bec of title #aj after armed forces4 7#b7 ,table of sections ,the table of sections at the beginning of chapter #ac of title #aj1 ,united ,states ,code1 is amended to read as follows3 ,sec4 #bea4 ,statement of policy4 #beb4 ,triggering circumstances4 #bec4 ,authority of the ,president4 #bed4 ,consultation with ,congress2 proclamation to disperse2 reporting requirement2 effective periods of authorities4 #bee4 ,congressional approval4 #bef4 ,termination4 #beg4 ,judicial review4 #beh4 ,state defined4 #bei4 ,limitation on use of ,national ,guard members performing training or other duty for certain purposes4 4 ,x ,safeguard free and fair elections ,a ,fraudulent ,artificial ,intelligence ,regulations 7,,fair7 ,elections ,act #ajaa4 ,short title ,this subtitle may be cited as the ,fraudulent ,artificial ,intelligence ,regulations 7,,fair7 ,elections ,act of #bjbf4 #ajab4 ,prohibition on false ,,ai-generated election media 7a7 ,definitions ,in this section3 7#a7 ,applicable ,federal election ,the term applicable ,federal election means any general1 primary1 runoff1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 7#b7 ,election official ,the term election official means any individual legally authorized to perform duties in connection with an applicable ,federal election1 including workers1 volunteers1 poll workers1 and authorized poll observers4 7#c7 ,false ,,ai-generated election media ,the term false ,,ai-generated election media means text4 image1 audio1 or video that-- 7,a7 is the product of a computational process that uses machine learning1 natural language processing1 artificial intelligence techniques1 or other computational processing techniques of similar or greater complexity2 and 7,b7 either-- 7i7 contains materially false information relating to-- 7,i7 the time1 place1 or manner of holding any applicable ,federal election2 or 7,,ii7 the qualifications for or restrictions on voter eligibility for any such election2 or 7ii7 falsely depicts an election official4 7b7 ,prohibition ,except as provided in subsection 7c71 a person may not-- 7#a7 knowingly distribute false ,,ai-generated election media described in subsection 7a77#c77;,b77i7 if such person-- 7,a7 knows such media contains materially false information described in such subsection2 and 7,b7 has the purpose of impeding or preventing another person from exercising the right to vote in an applicable ,federal election2 or 7#b7 knowingly distribute false ,,ai-generated election media described in subsection 7a77#c77;,b77ii7 if such person-- 7,a7 knows the depiction of the election official in such media is materially false2 and 7,b7 has the intent to-- 7i7 intimidate or harass an election official2 or 7ii7 deter another person from exercising the right to vote in an applicable ,federal election4 7c7 ,inapplicability to certain entities ,this section shall not apply to the following3 7#a7 ,a radio or television broadcasting station1 a cable or satellite television operator1 programmer1 or producer1 or a streaming service that broadcasts false ,,ai-generated election media prohibited by this section as part of a bona fide newscast1 news interview1 news documentary1 or on-the-spot coverage of bona fide news events1 if the broadcast clearly acknowledges through content or a disclosure1 in a manner that can be easily heard or read by the average listener or viewer1 that the information contained in the media and described in subsection 7a77#c77;,b7 is false4 7#b7 ,a regularly published newspaper1 magazine1 or other periodical of general circulation1 including an internet or electronic publication1 that routinely carries news and commentary of general interest1 and that publishes false ,,ai-generated election media prohibited under this section1 if the publication clearly states that the information contained in the media and described in subsection 7a77#c77;,b7 is false4 7d7 ,enforcement ,the ,attorney ,general may bring a civil action against any person who violates subsection 7b7 in an appropriate ,united ,states ,district ,court for such declaratory and injunctive relief 7including a temporary restraining order1 a permanent or temporary injunction1 or other order74 #ajac4 ,prohibition on removal of names from voting rolls using unverified voter challenge databases 7a7 ,in general ,the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 is amended by inserting after section #h the following new section3 #h;,a4 ,restrictions on removal of voters from official lists of voters 7a7 ,in general ,a ,state may not remove the name of any registrant from the official list of voters eligible to vote in elections for ,federal office or take any action with respect to a voter eligibility challenge unless the registrant or voter is determined to be ineligible to vote based on-- 7#a7 source information received from governmental entities and obtained by such entities in the course of carrying out official actions or duties2 and 7#b7 source information approved by the ,attorney ,general as sufficient to protect the integrity and completeness of voter registration lists4 7b7 ,approval of voter information data 7#a7 ,in general ,the ,attorney ,general1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the members of the ,election ,assistance ,commission1 may approve source information under subsection 7a77#b7 if such information meets the following requirements3 7,a7 ,the source information contains qualifying data sets that allow the ,state to match the individual identified by the source information with an individual on the official list of voters eligible to vote in elections for ,federal office4 7,b7 ,the source information is updated not less than monthly4 7,c7 ,the source information was not obtained in violation of section #ajcj of title #ah1 ,united ,states ,code 7commonly known as the ,computer ,fraud and ,abuse ,act74 7#b7 ,qualifying data sets ,for purposes of paragraph 7#a77;,a71 the term qualifying data sets means the following sets of data with respect to an individual3 7,a7 ,last name1 first name1 and full social security number4 7,b7 ,last name1 first name1 and driver's license or other unique identifying number assigned by the ,state4 7,c7 ,last name1 first name1 last four digits of a social security number1 and date of birth4 7,d7 ,last name1 full social security number1 and date of birth4 7c7 ,coordination with other methods ,nothing in this section be construed to preclude-- 7#a7 the removal of names from official lists of voters on a basis described in paragraph 7#c77;,a71 7#c77;,b71 or 7#d77;,a7 of section #h7;a72 7#b7 the removal of names from official lists of voters on a basis described in section #h7;c72 or 7#c7 correction of registration records pursuant to this ,act4 4 7b7 ,conforming amendments ,section #h7;a7 of such ,act 7#eb ,u4,s4,c4 #bjejg7;a77 is amended-- 7#a7 in paragraph 7#c71 by striking provide and inserting subject to section #h;,a1 provide2 and 7#b7 in paragraph 7#d71 by striking conduct and inserting subject to section #h;,a1 conduct4 #ajad4 ,private right of action against ,federal government for use of ,federal data in determining eligibility to vote 7a7 ,in general ,the ,federal ,government shall not compare any information held by the ,federal ,government with respect to an individual against information held by a ,state or local government with respect to such person for purpose of eligibility to vote in elections for ,federal office4 7b7 ,private right of action ,a person who is aggrieved by a violation of this section may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this section4 #ajae4 ,,gao study and report 7a7 ,study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the effect of the use of ,federal databases1 including the ,systematic ,alien ,verification for ,entitlements 7,,save7 system of the ,department of ,homeland ,security1 for purposes of removing the names of individuals from the official list of eligible voters in elections for ,federal office4 7#b7 ,matters studied ,the study conducted under paragraph 7#a7 shall study-- 7,a7 whether such uses suppresses the right to vote2 7,b7 the accuracy of the process for identifying individuals who are not eligible to vote in elections for ,federal office2 and 7,c7 the number of instances in which such processes have incorrectly removed an eligible individual from the official list of eligible voters in each ,state4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,house ,administration of the ,house of ,representatives the results of the study conducted under subsection 7a74 #ajaf4 ,severability ,if any provision of this subtitle1 or an amendment made by this subtitle1 or the application of such provision to any person or circumstance1 is held to be invalid1 the remainder of this subtitle1 or an amendment made by this subtitle1 or the application of such provision to other persons or circumstances1 shall not be affected4 ,b ,election interference and law enforcement at polls #ajba4 ,election interference and law enforcement at polls 7a7 ,sense of ,congress ,it is the sense of ,congress that the presence of ,federal law enforcement officers and officers and members of the ,armed ,forces of the ,united ,states at polling places1 absent a legitimate emergency or court order1 undermines the intent and purposes of chapter #bi of title #ah1 ,united ,states ,code1 and the ,voting ,rights ,act of #aife 7#ej ,u4,s4,c4 #ajcja et seq474 7b7 ,definitions 7#a7 ,in general ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting before section #eib the following3 #eia4 ,definitions ,in this chapter3 7#a7 ,armed ,the term armed1 with respect to an individual1 means carrying a firearm or other weapon4 7#b7 ,federal law enforcement officer ,the term ,federal law enforcement officer has the meaning given that term in section #aae4 7#c7 ,polling place ,the term polling place means any location designated for in-person voting1 early voting1 ballot drop-off1 or ballot counting4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting before the item relating to section #eib the following3 #eia4 ,definitions4 4 7c7 ,presence at polls 7#a7 ,in general ,section #eib of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by inserting and law enforcement officers after ,troops2 7,b7 in the first undesignated paragraph-- 7i7 by striking troops or armed men and inserting armed individual1 armed or unarmed officer or member of the ,armed ,forces of the ,united ,states 7including a member of the ,national ,guard or a ,reserve component71 or armed or unarmed ,federal law enforcement officer 7including an officer of ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 or the ,federal ,bureau of ,investigation72 7ii7 by inserting including a polling place1 after election is held12 and 7iii7 by inserting or1 in the case of a law enforcement officer1 such law enforcement officer is present pursuant to a written authorization issued by the ,attorney ,general for unarmed1 non-uniformed personnel of the ,department of ,justice under voting rights laws after enemies of the ,united ,states2 7,c7 in the second undesignated paragraph1 by inserting or law enforcement officer after armed forces of the ,united ,states2 and 7,d7 by adding at the end the following3 ,this section shall not apply to the presence of a law enforcement officer at place where a general or special election is held1 including a polling place1 that is otherwise required by law4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #eib and inserting the following3 #eib4 ,troops and law enforcement officers at polls4 4 7d7 ,interference at polls 7#a7 ,in general ,section #eic of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by inserting and law enforcement officers after forces2 7,b7 in the first undesignated paragraph1 by inserting or a ,federal law enforcement officer after ,armed ,forces of the ,united ,states2 and 7,c7 in the last undesignated paragraph1 by inserting or a law enforcement agency after ,armed ,forces4 7#b7 ,conforming amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #eic and inserting the following3 #eic4 ,interference by armed forces and law enforcement officers4 4 7e7 ,intimidation of voters ,section #eid of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,for purposes of this section1 the presence of a ,federal law enforcement officer or officer or member of the ,armed ,forces of the ,united ,states at any place where a general or special election is held1 including a polling place1 shall constitute intimidation unless the officer is responding to an imminent threat to life or safety4 ,this section shall not prohibit any ,federal law enforcement officer or officer or member of the ,armed ,forces of the ,united ,states from exercising the right of suffrage in any district to which such officer or member may belong1 if otherwise qualified according to the laws of the ,state of such district4 4 7f7 ,interference by administrative employees of ,federal1 ,state1 or ,territorial ,governments ,section #eie of title #ah1 ,united ,states ,code1 is amended by inserting before the first undesignated paragraph the following3 ,in this section1 the term interference includes-- 7#a7 using official authority to affect or obstruct the actions of voters1 poll workers1 or election officials at a polling place2 and 7#b7 directing or coercing the interruption or delay of any voting-related activity1 including ballot receipt1 counting1 or certification4 4 7g7 ,prohibition on seizure of ballots 7#a7 ,in general ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting after section #eie the following3 #eie;,a4 ,prohibition on seizure of ballots 7a7 ,in general ,it shall be unlawful for any ,federal law enforcement officer or officer or member of the ,armed ,forces of the ,united ,states to seize ballots1 including ballots stored digitally in computer records1 in any general or special election for ,federal or ,state office before the day after the date on which the results of the election are certified4 7b7 ,penalties ,any person who violates subsection 7a7 shall be-- 7#a7 fined under this title1 imprisoned for not more than #e years1 or both2 and 7#b7 disqualified from holding any office of honor1 profit1 or trust under the ,united ,states4 7c7 ,exceptions ,this section shall not apply to the execution of a search warrant issued by a ,federal district court judge based on probable cause1 or to actions taken pursuant to a court-ordered recount or audit4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #eie the following3 #eie;,a4 ,prohibition on seizure of ballots4 4 7h7 ,private right of action 7#a7 ,in general ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting after section #eie;,a1 as added by subsection 7g7 of this section1 the following3 #eie;,b4 ,private right of action 7a7 ,in general ,any person aggrieved by a violation of section #eib1 #eic1 #eid1 #eie1 or #eie;,a may bring a civil action against any person1 including any officer or employee of the ,united ,states1 who engaged in the violation in an appropriate district court of the ,united ,states4 7b7 ,relief ,in an action under subsection 7a71 the court may award declaratory and injunctive relief1 compensatory damages1 and reasonable attorney's fees4 ,the ,united ,states waives sovereign immunity for actions brought under this section4 4 7#b7 ,conforming amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #eie;,a1 as added by subsection 7g7 of this section1 the following3 #eie;,b4 ,private right of action4 4 7i7 ,rule of construction ,nothing in this section may be construed to limit the prohibition on the presence of officers of ,u4,s4 ,immigration and ,customs ,enforcement and all other ,federal law enforcement agencies at polling places under chapter #bi of title #ah1 ,united ,states ,code1 and the ,voting ,rights ,act of #aife 7#ej ,u4,s4,c4 #ajcja et seq471 as in effect on the day before the date of enactment of this ,act4