HR 4371 — Kayla Hamilton Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 HOMELAND SECURITY ACT OF 2002

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TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

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Subtitle E--Citizenship and Immigration Services

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SEC. 462. CHILDREN'S AFFAIRS.

 (a) Transfer of Functions.--There are transferred to the 
Director of the Office of Refugee Resettlement of the 
Department of Health and Human Services functions under the 
immigration laws of the United States with respect to the care 
of unaccompanied alien children that were vested by statute in, 
or performed by, the Commissioner of Immigration and 
Naturalization (or any officer, employee, or component of the 
Immigration and Naturalization Service) immediately before the 
effective date specified in subsection (d).
 (b) Functions.--
 (1) In general.--Pursuant to the transfer made by 
 subsection (a), the Director of the Office of Refugee 
 Resettlement shall be responsible for--
 (A) coordinating and implementing the care 
 and placement of unaccompanied alien children 
 who are in Federal custody by reason of their 
 immigration status, including developing a plan 
 to be submitted to Congress on how to ensure 
 that qualified and independent legal counsel is 
 timely appointed to represent the interests of 
 each such child, consistent with the law 
 regarding appointment of counsel that is in 
 effect on the date of the enactment of this 
 Act;
 (B) ensuring that the interests of the child 
 are considered in decisions and actions 
 relating to the care and custody of an 
 unaccompanied alien child;
 (C) making placement determinations for all 
 unaccompanied alien children who are in Federal 
 custody by reason of their immigration status;
 (D) implementing the placement 
 determinations;
 (E) implementing policies with respect to the 
 care and placement of unaccompanied alien 
 children;
 (F) identifying a sufficient number of 
 qualified individuals, entities, and facilities 
 to house unaccompanied alien children;
 (G) overseeing the infrastructure and 
 personnel of facilities in which unaccompanied 
 alien children reside;
 (H) reuniting unaccompanied alien children 
 with a parent abroad in appropriate cases;
 (I) compiling, updating, and publishing at 
 least annually a state-by-state list of 
 professionals or other entities qualified to 
 provide guardian and attorney representation 
 services for unaccompanied alien children;
 (J) maintaining statistical information and 
 other data on unaccompanied alien children for 
 whose care and placement the Director is 
 responsible, which shall include--
 (i) biographical information, such as 
 a child's name, gender, date of birth, 
 country of birth, and country of 
 habitual residence;
 (ii) the date on which the child came 
 into Federal custody by reason of his 
 or her immigration status;
 (iii) information relating to the 
 child's placement, removal, or release 
 from each facility in which the child 
 has resided;
 (iv) in any case in which the child 
 is placed in detention or released, an 
 explanation relating to the detention 
 or release; and
 (v) the disposition of any actions in 
 which the child is the subject;
 (K) collecting and compiling statistical 
 information from the Department of Justice, the 
 Department of Homeland Security, and the 
 Department of State on each department's 
 actions relating to unaccompanied alien 
 children; and
 (L) conducting investigations and inspections 
 of facilities and other entities in which 
 unaccompanied alien children reside, including 
 regular follow-up visits to such facilities, 
 placements, and other entities, to assess the 
 continued suitability of such placements.
 [(2) Coordination with other entities; no release on 
 own recognizance.--In making determinations described 
 in paragraph (1)(C), the Director of the Office of 
 Refugee Resettlement--
 [(A) shall consult with appropriate juvenile 
 justice professionals, the Director of the 
 Bureau of Citizenship and Immigration Services, 
 and the Assistant Secretary of the Bureau of 
 Border Security to ensure that such 
 determinations ensure that unaccompanied alien 
 children described in such subparagraph--
 [(i) are likely to appear for all 
 hearings or proceedings in which they 
 are involved;
 [(ii) are protected from smugglers, 
 traffickers, or others who might seek 
 to victimize or otherwise engage them 
 in criminal, harmful, or exploitive 
 activity; and
 [(iii) are placed in a setting in 
 which they are not likely to pose a 
 danger to themselves or others; and
 [(B) shall not release such children upon 
 their own recognizance.]
 (2) Placement determinations for unaccompanied alien 
 children.--The Director of the Office of Refugee 
 Resettlement shall make determinations under paragraph 
 (1)(C) in accordance with section 235(c)(2) of the 
 William Wilberforce Trafficking Victims Protection 
 Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)).
 (3) Duties with respect to foster care.--In carrying 
 out the duties described in paragraph (1), the Director 
 of the Office of Refugee Resettlement is encouraged to 
 use the refugee children foster care system established 
 pursuant to section 412(d) of the Immigration and 
 Nationality Act (8 U.S.C. 1522(d)) for the placement of 
 unaccompanied alien children.
 (4) Rule of construction.--Nothing in paragraph 
 (2)(B) may be construed to require that a bond be 
 posted for an unaccompanied alien child who is released 
 to a qualified sponsor.
 (c) Rule of Construction.--Nothing in this section may be 
construed to transfer the responsibility for adjudicating 
benefit determinations under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) from the authority of any official 
of the Department of Justice, the Department of Homeland 
Security, or the Department of State.
 (d) Effective Date.--Notwithstanding section 4, this section 
shall take effect on the date on which the transfer of 
functions specified under section 441 takes effect.
 (e) References.--With respect to any function transferred by 
this section, any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any 
document of or pertaining to a component of government from 
which such function is transferred--
 (1) to the head of such component is deemed to refer 
 to the Director of the Office of Refugee Resettlement; 
 or
 (2) to such component is deemed to refer to the 
 Office of Refugee Resettlement of the Department of 
 Health and Human Services.
 (f) Other Transition Issues.--
 (1) Exercise of authorities.--Except as otherwise 
 provided by law, a Federal official to whom a function 
 is transferred by this section may, for purposes of 
 performing the function, exercise all authorities under 
 any other provision of law that were available with 
 respect to the performance of that function to the 
 official responsible for the performance of the 
 function immediately before the effective date 
 specified in subsection (d).
 (2) Savings provisions.--Subsections (a), (b), and 
 (c) of section 1512 shall apply to a transfer of 
 functions under this section in the same manner as such 
 provisions apply to a transfer of functions under this 
 Act to the Department of Homeland Security.
 (3) Transfer and allocation of appropriations and 
 personnel.--The personnel of the Department of Justice 
 employed in connection with the functions transferred 
 by this section, and the assets, liabilities, 
 contracts, property, records, and unexpended balance of 
 appropriations, authorizations, allocations, and other 
 funds employed, held, used, arising from, available to, 
 or to be made available to, the Immigration and 
 Naturalization Service in connection with the functions 
 transferred by this section, subject to section 202 of 
 the Budget and Accounting Procedures Act of 1950, shall 
 be transferred to the Director of the Office of Refugee 
 Resettlement for allocation to the appropriate 
 component of the Department of Health and Human 
 Services. Unexpended funds transferred pursuant to this 
 paragraph shall be used only for the purposes for which 
 the funds were originally authorized and appropriated.
 (g) Definitions.--As used in this section--
 (1) the term ``placement'' means the placement of an 
 unaccompanied alien child in either a detention 
 facility or an alternative to such a facility; and
 (2) the term ``unaccompanied alien child'' means a 
 child who--
 (A) has no lawful immigration status in the 
 United States;
 (B) has not attained 18 years of age; and
 (C) with respect to whom--
 (i) there is no parent or legal 
 guardian in the United States; or
 (ii) no parent or legal guardian in 
 the United States is available to 
 provide care and physical custody.

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WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT 
 OF 2008

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TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

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Subtitle D--Activities of the United States Government

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SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.

 (a) Combating Child Trafficking at the Border and Ports of 
Entry of the United States.--
 (1) Policies and procedures.--In order to enhance the 
 efforts of the United States to prevent trafficking in 
 persons, the Secretary of Homeland Security, in 
 conjunction with the Secretary of State, the Attorney 
 General, and the Secretary of Health and Human 
 Services, shall develop policies and procedures to 
 ensure that unaccompanied alien children in the United 
 States are safely repatriated to their country of 
 nationality or of last habitual residence.
 (2) Special rules for children from contiguous 
 countries.--
 (A) Determinations.--Any unaccompanied alien 
 child who is a national or habitual resident of 
 a country that is contiguous with the United 
 States shall be treated in accordance with 
 subparagraph (B), if the Secretary of Homeland 
 Security determines, on a case-by-case basis, 
 that--
 (i) such child has not been a victim 
 of a severe form of trafficking in 
 persons, and there is no credible 
 evidence that such child is at risk of 
 being trafficked upon return to the 
 child's country of nationality or of 
 last habitual residence;
 (ii) such child does not have a fear 
 of returning to the child's country of 
 nationality or of last habitual 
 residence owing to a credible fear of 
 persecution; and
 (iii) the child is able to make an 
 independent decision to withdraw the 
 child's application for admission to 
 the United States.
 (B) Return.--An immigration officer who finds 
 an unaccompanied alien child described in 
 subparagraph (A) at a land border or port of 
 entry of the United States and determines that 
 such child is inadmissible under the 
 Immigration and Nationality Act (8 U.S.C. 1101 
 et seq.) may--
 (i) permit such child to withdraw the 
 child's application for admission 
 pursuant to section 235(a)(4) of the 
 Immigration and Nationality Act (8 
 U.S.C. 1225(a)(4)); and
 (ii) return such child to the child's 
 country of nationality or country of 
 last habitual residence.
 (C) Contiguous country agreements.--The 
 Secretary of State shall negotiate agreements 
 between the United States and countries 
 contiguous to the United States with respect to 
 the repatriation of children. Such agreements 
 shall be designed to protect children from 
 severe forms of trafficking in persons, and 
 shall, at a minimum, provide that--
 (i) no child shall be returned to the 
 child's country of nationality or of 
 last habitual residence unless returned 
 to appropriate employees or officials, 
 including child welfare officials where 
 available, of the accepting country's 
 government;
 (ii) no child shall be returned to 
 the child's country of nationality or 
 of last habitual residence outside of 
 reasonable business hours; and
 (iii) border personnel of the 
 countries that are parties to such 
 agreements are trained in the terms of 
 such agreements.
 (3) Rule for other children.--The custody of 
 unaccompanied alien children not described in paragraph 
 (2)(A) who are apprehended at the border of the United 
 States or at a United States port of entry shall be 
 treated in accordance with subsection (b).
 (4) Screening.--Within 48 hours of the apprehension 
 of a child who is believed to be described in paragraph 
 (2)(A), but in any event prior to returning such child 
 to the child's country of nationality or of last 
 habitual residence, the child shall be screened to 
 determine whether the child meets the criteria listed 
 in paragraph (2)(A). If the child does not meet such 
 criteria, or if no determination can be made within 48 
 hours of apprehension, the child shall immediately be 
 transferred to the Secretary of Health and Human 
 Services and treated in accordance with subsection (b). 
 Nothing in this paragraph may be construed to preclude 
 an earlier transfer of the child.
 (5) Ensuring the safe repatriation of children.--
 (A) Repatriation pilot program.--To protect 
 children from trafficking and exploitation, the 
 Secretary of State shall create a pilot 
 program, in conjunction with the Secretary of 
 Health and Human Services and the Secretary of 
 Homeland Security, nongovernmental 
 organizations, and other national and 
 international agencies and experts, to develop 
 and implement best practices to ensure the safe 
 and sustainable repatriation and reintegration 
 of unaccompanied alien children into their 
 country of nationality or of last habitual 
 residence, including placement with their 
 families, legal guardians, or other sponsoring 
 agencies.
 (B) Assessment of country conditions.--The 
 Secretary of Homeland Security shall consult 
 the Department of State's Country Reports on 
 Human Rights Practices and the Trafficking in 
 Persons Report in assessing whether to 
 repatriate an unaccompanied alien child to a 
 particular country.
 (C) Report on repatriation of unaccompanied 
 alien children.--Not later than 18 months after 
 the date of the enactment of this Act, and 
 annually thereafter, the Secretary of State and 
 the Secretary of Health and Human Services, 
 with assistance from the Secretary of Homeland 
 Security, shall submit a report to the 
 Committee on the Judiciary of the Senate and 
 the Committee on the Judiciary of the House of 
 Representatives on efforts to improve 
 repatriation programs for unaccompanied alien 
 children. Such report shall include--
 (i) the number of unaccompanied alien 
 children ordered removed and the number 
 of such children actually removed from 
 the United States;
 (ii) a statement of the 
 nationalities, ages, and gender of such 
 children;
 (iii) a description of the policies 
 and procedures used to effect the 
 removal of such children from the 
 United States and the steps taken to 
 ensure that such children were safely 
 and humanely repatriated to their 
 country of nationality or of last 
 habitual residence, including a 
 description of the repatriation pilot 
 program created pursuant to 
 subparagraph (A);
 (iv) a description of the type of 
 immigration relief sought and denied to 
 such children;
 (v) any information gathered in 
 assessments of country and local 
 conditions pursuant to paragraph (2); 
 and
 (vi) statistical information and 
 other data on unaccompanied alien 
 children as provided for in section 
 462(b)(1)(J) of the Homeland Security 
 Act of 2002 (6 U.S.C. 279(b)(1)(J)).
 (D) Placement in removal proceedings.--Any 
 unaccompanied alien child sought to be removed 
 by the Department of Homeland Security, except 
 for an unaccompanied alien child from a 
 contiguous country subject to exceptions under 
 subsection (a)(2), shall be--
 (i) placed in removal proceedings 
 under section 240 of the Immigration 
 and Nationality Act (8 U.S.C. 1229a);
 (ii) eligible for relief under 
 section 240B of such Act (8 U.S.C. 
 1229c) at no cost to the child; and
 (iii) provided access to counsel in 
 accordance with subsection (c)(5).
 (b) Combating Child Trafficking and Exploitation in the 
United States.--
 (1) Care and custody of unaccompanied alien 
 children.--Consistent with section 462 of the Homeland 
 Security Act of 2002 (6 U.S.C. 279), and except as 
 otherwise provided under subsection (a), the care and 
 custody of all unaccompanied alien children, including 
 responsibility for their detention, where appropriate, 
 shall be the responsibility of the Secretary of Health 
 and Human Services.
 (2) Notification.--Each department or agency of the 
 Federal Government shall notify the Department of 
 Health and Human services within 48 hours upon--
 (A) the apprehension or discovery of an 
 unaccompanied alien child; or
 (B) any claim or suspicion that an alien in 
 the custody of such department or agency is 
 under 18 years of age.
 (3) Transfers of unaccompanied alien children.--
 Except in the case of exceptional circumstances, any 
 department or agency of the Federal Government that has 
 an unaccompanied alien child in custody shall transfer 
 the custody of such child to the Secretary of Health 
 and Human Services not later than 72 hours after 
 determining that such child is an unaccompanied alien 
 child.
 (4) Age determinations.--The Secretary of Health and 
 Human Services, in consultation with the Secretary of 
 Homeland Security, shall develop procedures to make a 
 prompt determination of the age of an alien, which 
 shall be used by the Secretary of Homeland Security and 
 the Secretary of Health and Human Services for children 
 in their respective custody. At a minimum, these 
 procedures shall take into account multiple forms of 
 evidence, including the non-exclusive use of 
 radiographs, to determine the age of the unaccompanied 
 alien.
 (c) Providing Safe and Secure Placements for Children.--
 (1) Policies and programs.--The Secretary of Health 
 and Human Services, Secretary of Homeland Security, 
 Attorney General, and Secretary of State shall 
 establish policies and programs to ensure that 
 unaccompanied alien children in the United States are 
 protected from traffickers and other persons seeking to 
 victimize or otherwise engage such children in 
 criminal, harmful, or exploitative activity, including 
 policies and programs reflecting best practices in 
 witness security programs.
 [(2) Safe and secure placements.--
 [(A) Minors in department of health and human 
 services custody.--Subject to section 462(b)(2) 
 of the Homeland Security Act of 2002 (6 U.S.C. 
 279(b)(2)), an unaccompanied alien child in the 
 custody of the Secretary of Health and Human 
 Services shall be promptly placed in the least 
 restrictive setting that is in the best 
 interest of the child. In making such 
 placements, the Secretary may consider danger 
 to self, danger to the community, and risk of 
 flight. Placement of child trafficking victims 
 may include placement in an Unaccompanied 
 Refugee Minor program, pursuant to section 
 412(d) of the Immigration and Nationality Act 
 (8 U.S.C. 1522(d)), if a suitable family member 
 is not available to provide care. A child shall 
 not be placed in a secure facility absent a 
 determination that the child poses a danger to 
 self or others or has been charged with having 
 committed a criminal offense. The placement of 
 a child in a secure facility shall be reviewed, 
 at a minimum, on a monthly basis, in accordance 
 with procedures prescribed by the Secretary, to 
 determine if such placement remains warranted.
 [(B) Aliens transferred from department of 
 health and human services to department of 
 homeland security custody.--If a minor 
 described in subparagraph (A) reaches 18 years 
 of age and is transferred to the custody of the 
 Secretary of Homeland Security, the Secretary 
 shall consider placement in the least 
 restrictive setting available after taking into 
 account the alien's danger to self, danger to 
 the community, and risk of flight. Such aliens 
 shall be eligible to participate in alternative 
 to detention programs, utilizing a continuum of 
 alternatives based on the alien's need for 
 supervision, which may include placement of the 
 alien with an individual or an organizational 
 sponsor, or in a supervised group home.]
 (2) Safe and secure placements.--
 (A) Initial actions.--The Secretary of Health 
 and Human Services may not make a placement 
 determination under this paragraph for an 
 unaccompanied alien child who is in Federal 
 custody by reason of the immigration status of 
 that child until the Secretary does the 
 following:
 (i) Consultations.--The Secretary of 
 Health and Human Services shall consult 
 with the Secretary of Homeland Security 
 and the Attorney General (including 
 appropriate juvenile justice 
 officials)--
 (I) to ensure that the 
 unaccompanied alien child will 
 appear for all immigration, 
 administrative, and judicial 
 hearings or proceedings in 
 which the child is involved;
 (II) to ensure that the 
 unaccompanied alien child will 
 be protected from smugglers, 
 traffickers, gangs, and others 
 who might seek to victimize or 
 otherwise engage the child in 
 criminal, harmful, or 
 exploitative activity; and
 (III) to determine if the 
 unaccompanied alien child--
 (aa) is a flight 
 risk;
 (bb) is a danger to 
 self, another 
 individual, or the 
 community; or
 (cc) has been 
 arrested for, charged 
 with, or convicted of 
 any criminal offense in 
 the United States or in 
 his or her country of 
 citizenship, 
 nationality, or last 
 habitual residence.
 (ii) Screening for gang related 
 activity; requirement to obtain 
 criminal records.--In the case of an 
 unaccompanied alien child 12 years of 
 age or older, the Secretary of Health 
 and Human Services shall--
 (I) contact the consulate or 
 embassy of the country of 
 citizenship, nationality, or 
 last habitual residence for the 
 unaccompanied alien child to 
 obtain any relevant arrest 
 records, pending criminal 
 charges, or conviction 
 documents involving such child; 
 and
 (II) conduct an examination 
 of the unaccompanied alien 
 child to determine if such 
 child has any gang-related 
 tattoos and other gang-related 
 markings.
 (B) Placement generally.--
 (i) In general.--Except as otherwise 
 provided in this paragraph, an 
 unaccompanied alien child who is in the 
 custody of the Department of Health and 
 Human Services shall be promptly placed 
 in the least restrictive setting that 
 is in the best interest of the child.
 (ii) Prohibition on release on own 
 recognizance.--An unaccompanied alien 
 child may not be released on his or her 
 own recognizance.
 (C) Placement of certain unaccompanied alien 
 children in secure facilities.--In the case of 
 an unaccompanied alien child 12 years of age or 
 older, the unaccompanied alien child shall be 
 placed in a secure facility for the duration of 
 any immigration proceedings (and, if ordered 
 removed, until such unaccompanied alien child 
 is removed) if the unaccompanied alien child--
 (i) is a flight risk; or
 (ii) is a danger to self, other 
 individuals, or the community, 
 including if the unaccompanied alien 
 child--
 (I) has a gang-related tattoo 
 or any other gang-related 
 marking;
 (II) has been convicted of a 
 serious criminal offense (as 
 defined in section 101(h) of 
 the Immigration and Nationality 
 Act (8 U.S.C. 1101(h))) in any 
 State or territory of the 
 United States or in the 
 unaccompanied alien child's 
 country of citizenship, 
 nationality, or last habitual 
 residence;
 (III) has been convicted of 
 any aggravated felony (as 
 defined in section 101(a)(43) 
 of the Immigration and 
 Nationality Act (8 U.S.C. 
 1101(a)(43)); or
 (IV) has, for conduct in 
 connection with gang 
 affiliation or gang activity in 
 any State or territory of the 
 United States or in the 
 unaccompanied alien child's 
 country of citizenship, 
 nationality, or last habitual 
 residence--
 (aa) any arrest 
 record;
 (bb) any pending 
 criminal charge;
 (cc) any other 
 pending proceeding; or
 (dd) any conviction.
 (D) Prohibitions on placement of 
 unaccompanied alien children with certain 
 individuals.--The Secretary of Health and Human 
 Services shall not place an unaccompanied alien 
 child in the custody of any individual who is 
 one or more of the following:
 (i) Secure and stable sponsors.--An 
 individual who is not a United States 
 citizen or a lawful permanent resident 
 of the United States.
 (ii) Individuals with criminal 
 history.--An individual who has been 
 convicted of, or who resides in a 
 household with an individual who has 
 been convicted of--
 (I) a sex offense (as defined 
 in section 111(5) of the Sex 
 Offender Registration and 
 Notification Act (34 U.S.C. 
 20911(5)));
 (II) a crime involving severe 
 forms of trafficking in persons 
 (as defined in section 103(11) 
 of the Trafficking Victims 
 Protection Act of 2000 (22 
 U.S.C. 7102(11)));
 (III) a crime of domestic 
 violence (as defined in section 
 40002(a)(12) of the Violence 
 Against Women Act of 1994 (34 
 U.S.C. 12291(a)(12)));
 (IV) a crime of child abuse 
 and neglect (as defined in 
 section 3 of the Child Abuse 
 Prevention and Treatment Act 
 (Public Law 93-247; 42 U.S.C. 
 5101 note));
 (V) murder, manslaughter, or 
 an attempt to commit murder or 
 manslaughter (as defined in 
 sections 1111, 1112, and 1113 
 of title 18, United States 
 Code);
 (VI) a crime involving the 
 receipt, distribution, or 
 possession of a visual 
 depiction of a minor engaging 
 in sexually explicit conduct 
 (as described in section 2252 
 of title 18, United States 
 Code);
 (VII) any crime for which an 
 alien is required to be taken 
 into custody pursuant to 
 section 236(c)(1) of the 
 Immigration and Nationality Act 
 (8 U.S.C. 1226(c)(1));
 (VIII) any aggravated felony 
 (as defined in section 101 of 
 the Immigration and Nationality 
 Act);
 (IX) any crime defined as a 
 felony by the relevant 
 jurisdiction (Federal, State, 
 tribal, or local);
 (X) any crime punishable by 
 more than 1 year of 
 imprisonment; or
 (XI) any other criminal 
 offense as designated by the 
 Attorney General, in the 
 Attorney General's sole and 
 unreviewable discretion.
 (3) Safety and suitability assessments.--
 (A) In general.--[Subject to the requirements 
 of subparagraph (B)] Subject to the 
 requirements of subparagraphs (B) and (D), an 
 unaccompanied alien child may not be placed 
 with a person or entity unless the Secretary of 
 Health and Human Services makes a determination 
 that the proposed custodian is capable of 
 providing for the child's physical and mental 
 well-being. Such determination shall, at a 
 minimum, include verification of the 
 custodian's identity and relationship to the 
 child, if any, as well as an independent 
 finding that the individual has not engaged in 
 any activity that would indicate a potential 
 risk to the child.
 (B) Home studies.--Before placing the child 
 with an individual, the Secretary of Health and 
 Human Services shall determine whether a home 
 study is first necessary. A home study shall be 
 conducted for a child who is a victim of a 
 severe form of trafficking in persons, a 
 special needs child with a disability (as 
 defined in section 3 of the Americans with 
 Disabilities Act of 1990 (42 U.S.C. 12102(2))), 
 a child who has been a victim of physical or 
 sexual abuse under circumstances that indicate 
 that the child's health or welfare has been 
 significantly harmed or threatened, or a child 
 whose proposed sponsor clearly presents a risk 
 of abuse, maltreatment, exploitation, or 
 trafficking to the child based on all available 
 objective evidence. The Secretary of Health and 
 Human Services shall conduct follow-up 
 services, during the pendency of removal 
 proceedings, on children for whom a home study 
 was conducted and is authorized to conduct 
 follow-up services in cases involving children 
 with mental health or other needs who could 
 benefit from ongoing assistance from a social 
 welfare agency.
 (C) Access to information.--Not later than 2 
 weeks after receiving a request from the 
 Secretary of Health and Human Services, the 
 Secretary of Homeland Security shall provide 
 information necessary to conduct suitability 
 assessments from appropriate Federal, State, 
 and local law enforcement and immigration 
 databases.
 (D) Information about individuals with whom 
 children are placed.--Before placing a child 
 with any individual, the Secretary of Health 
 and Human Services shall provide to the 
 Secretary of Homeland Security, with regard to 
 the individual with whom the child will be 
 placed and each adult resident of the 
 individual's household, information on--
 (i) the name of the individual and 
 each adult resident of the individual's 
 household;
 (ii) the social security number or 
 individual taxpayer identification 
 number of the individual and each adult 
 resident of the individual's household;
 (iii) the date of birth of the 
 individual and of each adult resident 
 of the individual's household;
 (iv) the physical location and 
 address of the individual's residence 
 where the child will be placed;
 (v) the immigration status of the 
 individual and each adult resident of 
 the individual's household;
 (vi) contact information for the 
 individual and for each adult resident 
 of the individual's household, 
 including telephone numbers, email 
 addresses, and work telephone numbers 
 (if available); and
 (vii) the results of all background 
 and criminal records checks conducted 
 on the individual and each adult 
 resident of the individual's household, 
 which shall include at a minimum an 
 investigation of the Dru Sjodin 
 National Sex Offender Public Website, a 
 public records background check, and a 
 national criminal history background 
 check based on fingerprints.
 (4) Legal orientation presentations.--The Secretary 
 of Health and Human Services shall cooperate with the 
 Executive Office for Immigration Review to ensure that 
 custodians receive legal orientation presentations 
 provided through the Legal Orientation Program 
 administered by the Executive Office for Immigration 
 Review. At a minimum, such presentations shall address 
 the custodian's responsibility to attempt to ensure the 
 child's appearance at all immigration proceedings and 
 to protect the child from mistreatment, exploitation, 
 and trafficking.
 (5) Access to counsel.--The Secretary of Health and 
 Human Services shall ensure, to the greatest extent 
 practicable and consistent with section 292 of the 
 Immigration and Nationality Act (8 U.S.C. 1362), that 
 all unaccompanied alien children who are or have been 
 in the custody of the Secretary or the Secretary of 
 Homeland Security, and who are not described in 
 subsection (a)(2)(A), have counsel to represent them in 
 legal proceedings or matters and protect them from 
 mistreatment, exploitation, and trafficking. To the 
 greatest extent practicable, the Secretary of Health 
 and Human Services shall make every effort to utilize 
 the services of pro bono counsel who agree to provide 
 representation to such children without charge.
 (6) Child advocates.--
 (A) In general.--The Secretary of Health and 
 Human Services is authorized to appoint 
 independent child advocates for child 
 trafficking victims and other vulnerable 
 unaccompanied alien children. A child advocate 
 shall be provided access to materials necessary 
 to effectively advocate for the best interest 
 of the child. The child advocate shall not be 
 compelled to testify or provide evidence in any 
 proceeding concerning any information or 
 opinion received from the child in the course 
 of serving as a child advocate. The child 
 advocate shall be presumed to be acting in good 
 faith and be immune from civil liability for 
 lawful conduct of duties as described in this 
 provision.
 (B) Appointment of child advocates.--
 (i) Initial sites.--Not later than 2 
 years after the date of the enactment 
 of the Violence Against Women 
 Reauthorization Act of 2013, the 
 Secretary of Health and Human Services 
 shall appoint child advocates at 3 new 
 immigration detention sites to provide 
 independent child advocates for 
 trafficking victims and vulnerable 
 unaccompanied alien children.
 (ii) Additional sites.--Not later 
 than 3 years after the date of the 
 enactment of the Violence Against Women 
 Reauthorization Act of 2013, the 
 Secretary shall appoint child advocates 
 at not more than 3 additional 
 immigration detention sites.
 (iii) Selection of sites.--Sites at 
 which child advocate programs will be 
 established under this subparagraph 
 shall be located at immigration 
 detention sites at which more than 50 
 children are held in immigration 
 custody, and shall be selected 
 sequentially, with priority given to 
 locations with--
 (I) the largest number of 
 unaccompanied alien children; 
 and
 (II) the most vulnerable 
 populations of unaccompanied 
 children.
 (C) Restrictions.--
 (i) Administrative expenses.--A child 
 advocate program may not use more that 
 10 percent of the Federal funds 
 received under this section for 
 administrative expenses.
 (ii) Nonexclusivity.--Nothing in this 
 section may be construed to restrict 
 the ability of a child advocate program 
 under this section to apply for or 
 obtain funding from any other source to 
 carry out the programs described in 
 this section.
 (iii) Contribution of funds.--A child 
 advocate program selected under this 
 section shall contribute non-Federal 
 funds, either directly or through in-
 kind contributions, to the costs of the 
 child advocate program in an amount 
 that is not less than 25 percent of the 
 total amount of Federal funds received 
 by the child advocate program under 
 this section. In-kind contributions may 
 not exceed 40 percent of the matching 
 requirement under this clause.
 (D) Annual report to congress.--Not later 
 than 1 year after the date of the enactment of 
 the Violence Against Women Reauthorization Act 
 of 2013, and annually thereafter, the Secretary 
 of Health and Human Services shall submit a 
 report describing the activities undertaken by 
 the Secretary to authorize the appointment of 
 independent Child Advocates for trafficking 
 victims and vulnerable unaccompanied alien 
 children to the Committee on the Judiciary of 
 the Senate and the Committee on the Judiciary 
 of the House of Representatives.
 (E) Assessment of child advocate program.--
 (i) In general.--As soon as 
 practicable after the date of the 
 enactment of the Violence Against Women 
 Reauthorization Act of 2013, the 
 Comptroller General of the United 
 States shall conduct a study regarding 
 the effectiveness of the Child Advocate 
 Program operated by the Secretary of 
 Health and Human Services.
 (ii) Matters to be studied.--In the 
 study required under clause (i), the 
 Comptroller General shall-- collect 
 information and analyze the following:
 (I) analyze the effectiveness 
 of existing child advocate 
 programs in improving outcomes 
 for trafficking victims and 
 other vulnerable unaccompanied 
 alien children;
 (II) evaluate the 
 implementation of child 
 advocate programs in new sites 
 pursuant to subparagraph (B);
 (III) evaluate the extent to 
 which eligible trafficking 
 victims and other vulnerable 
 unaccompanied children are 
 receiving child advocate 
 services and assess the 
 possible budgetary implications 
 of increased participation in 
 the program;
 (IV) evaluate the barriers to 
 improving outcomes for 
 trafficking victims and other 
 vulnerable unaccompanied 
 children; and
 (V) make recommendations on 
 statutory changes to improve 
 the Child Advocate Program in 
 relation to the matters 
 analyzed under subclauses (I) 
 through (IV).
 (iii) GAO report.--Not later than 3 
 years after the date of the enactment 
 of this Act, the Comptroller General of 
 the United States shall submit the 
 results of the study required under 
 this subparagraph to--
 (I) the Committee on the 
 Judiciary of the Senate;
 (II) the Committee on Health, 
 Education, Labor, and Pensions 
 of the Senate;
 (III) the Committee on the 
 Judiciary of the House of 
 Representatives; and
 (IV) the Committee on 
 Education and the Workforce of 
 the House of Representatives.
 (F) Authorization of appropriations.--There 
 are authorized to be appropriated to the 
 Secretary of Health and Human Services to carry 
 out this subsection--
 (i) $1,000,000 for each of the fiscal 
 years 2014 and 2015; and
 (ii) $2,000,000 for each of fiscal 
 years 2018 through 2021.
 (d) Permanent Protection for Certain At-Risk Children.--
 (1) In general.--Section 101(a)(27)(J) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1101(a)(27)(J)) is amended--
 (A) in clause (i), by striking ``State and 
 who has been deemed eligible by that court for 
 long-term foster care due to abuse, neglect, or 
 abandonment;'' and inserting ``State, or an 
 individual or entity appointed by a State or 
 juvenile court located in the United States, 
 and whose reunification with 1 or both of the 
 immigrant's parents is not viable due to abuse, 
 neglect, abandonment, or a similar basis found 
 under State law;''; and
 (B) in clause (iii)--
 (i) in the matter preceding subclause 
 (I), by striking ``the Attorney General 
 expressly consents to the dependency 
 order serving as a precondition to the 
 grant of special immigrant juvenile 
 status;'' and inserting ``the Secretary 
 of Homeland Security consents to the 
 grant of special immigrant juvenile 
 status,''; and
 (ii) in subclause (I), by striking 
 ``in the actual or constructive custody 
 of the Attorney General unless the 
 Attorney General specifically consents 
 to such jurisdiction;'' and inserting 
 ``in the custody of the Secretary of 
 Health and Human Services unless the 
 Secretary of Health and Human Services 
 specifically consents to such 
 jurisdiction;''.
 (2) Expeditious adjudication.--All applications for 
 special immigrant status under section 101(a)(27)(J) of 
 the Immigration and Nationality Act (8 U.S.C. 
 1101(a)(27)(J)) shall be adjudicated by the Secretary 
 of Homeland Security not later than 180 days after the 
 date on which the application is filed.
 (3) Adjustment of status.--Section 245(h)(2)(A) of 
 the Immigration and Nationality Act (8 U.S.C. 
 1255(h)(2)(A)) is amended to read as follows:
 ``(A) paragraphs (4), (5)(A), (6)(A), (6)(C), 
 (6)(D), (7)(A), and (9)(B) of section 212(a) 
 shall not apply; and''.
 (4) Eligibility for assistance.--
 (A) In general.--A child who has been granted 
 special immigrant status under section 
 101(a)(27)(J) of the Immigration and 
 Nationality Act (8 U.S.C. 1101(a)(27)(J)) and 
 who was in the custody of the Secretary of 
 Health and Human Services at the time a 
 dependency order was granted for such child, 
 was receiving services pursuant to section 
 501(a) of the Refugee Education Assistance Act 
 of 1980 (8 U.S.C. 1522 note) at the time such 
 dependency order was granted, or has been 
 granted status under section 101(a)(15)(U) of 
 the Immigration and Nationality Act (8 U.S.C. 
 1101(a)(15)(U)),, shall be eligible for 
 placement and services under section 412(d) of 
 the Immigration and Nationality Act (8 U.S.C. 
 1522(d)) until the earlier of--
 (i) the date on which the child 
 reaches the age designated in section 
 412(d)(2)(B) of the Immigration and 
 Nationality Act (8 U.S.C. 
 1522(d)(2)(B)); or
 (ii) the date on which the child is 
 placed in a permanent adoptive home.
 (B) State reimbursement.--Subject to the 
 availability of appropriations, if State foster 
 care funds are expended on behalf of a child 
 who is not described in subparagraph (A) and 
 has been granted special immigrant status under 
 section 101(a)(27)(J) of the Immigration and 
 Nationality Act (8 U.S.C. 1101(a)(27)(J)), or 
 status under section 101(a)(15)(U) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1101(a)(15)(U)),, the Federal Government shall 
 reimburse the State in which the child resides 
 for such expenditures by the State.
 (5) State courts acting in loco parentis.--A 
 department or agency of a State, or an individual or 
 entity appointed by a State court or juvenile court 
 located in the United States, acting in loco parentis, 
 shall not be considered a legal guardian for purposes 
 of this section or section 462 of the Homeland Security 
 Act of 2002 (6 U.S.C. 279).
 (6) Transition rule.--Notwithstanding any other 
 provision of law, an alien described in section 
 101(a)(27)(J) of the Immigration and Nationality Act (8 
 U.S.C. 1101(a)(27)(J)), as amended by paragraph (1), 
 may not be denied special immigrant status under such 
 section after the date of the enactment of this Act 
 based on age if the alien was a child on the date on 
 which the alien applied for such status.
 (7) Access to asylum protections.--Section 208 of the 
 Immigration and Nationality Act (8 U.S.C. 1158) is 
 amended--
 (A) in subsection (a)(2), by adding at the 
 end the following:
 ``(E) Applicability.--Subparagraphs (A) and 
 (B) shall not apply to an unaccompanied alien 
 child (as defined in section 462(g) of the 
 Homeland Security Act of 2002 (6 U.S.C. 
 279(g))).''; and
 (B) in subsection (b)(3), by adding at the 
 end the following:
 ``(C) Initial jurisdiction.--An asylum 
 officer (as defined in section 235(b)(1)(E)) 
 shall have initial jurisdiction over any asylum 
 application filed by an unaccompanied alien 
 child (as defined in section 462(g) of the 
 Homeland Security Act of 2002 (6 U.S.C. 
 279(g))), regardless of whether filed in 
 accordance with this section or section 
 235(b).''.
 (8) Specialized needs of unaccompanied alien 
 children.--Applications for asylum and other forms of 
 relief from removal in which an unaccompanied alien 
 child is the principal applicant shall be governed by 
 regulations which take into account the specialized 
 needs of unaccompanied alien children and which address 
 both procedural and substantive aspects of handling 
 unaccompanied alien children's cases.
 (e) Training.--The Secretary of State, the Secretary of 
Homeland Security, the Secretary of Health and Human Services, 
and the Attorney General shall provide specialized training to 
all Federal personnel, and upon request, state and local 
personnel, who have substantive contact with unaccompanied 
alien children. Such personnel shall be trained to work with 
unaccompanied alien children, including identifying children 
who are victims of severe forms of trafficking in persons, and 
children for whom asylum or special immigrant relief may be 
appropriate, including children described in subsection (a)(2).
 (f) Amendments to the Homeland Security Act of 2002.--
 (1) Additional responsibilities.--Section 
 462(b)(1)(L) of the Homeland Security Act of 2002 (6 
 U.S.C. 279(b)(1)(L)) is amended by striking the period 
 at the end and inserting ``, including regular follow-
 up visits to such facilities, placements, and other 
 entities, to assess the continued suitability of such 
 placements.''.
 (2) Technical corrections.--Section 462(b) of such 
 Act (6 U.S.C. 279(b)) is further amended--
 (A) in paragraph (3), by striking ``paragraph 
 (1)(G),'' and inserting ``paragraph (1),''; and
 (B) by adding at the end the following:
 ``(4) Rule of construction.--Nothing in paragraph 
 (2)(B) may be construed to require that a bond be 
 posted for an unaccompanied alien child who is released 
 to a qualified sponsor.''.
 (g) Definition of Unaccompanied Alien Child.--For purposes of 
this section, the term ``unaccompanied alien child'' has the 
meaning given such term in section 462(g) of the Homeland 
Security Act of 2002 (6 U.S.C. 279(g)).
 (h) Effective Date.--This section--
 (1) shall take effect on the date that is 90 days 
 after the date of the enactment of this Act; and
 (2) shall also apply to all aliens in the United 
 States in pending proceedings before the Department of 
 Homeland Security or the Executive Office for 
 Immigration Review, or related administrative or 
 Federal appeals, on the date of the enactment of this 
 Act.
 (i) Grants and Contracts.--The Secretary of Health and Human 
Services may award grants to, and enter into contracts with, 
voluntary agencies to carry out this section and section 462 of 
the Homeland Security Act of 2002 (6 U.S.C. 279).

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