I 

108TH CONGRESS 

1ST SESSION H. R. 3361

To provide for the protection of unaccompanied alien children, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 21, 2003

Ms. LOFGREN (for herself, Mr. CANNON, Mr. CONYERS, Ms. HART, Mr. MEEK

of Florida, Mr. SMITH of New Jersey, Ms. ROS-LEHTINEN, and Ms. 

SCHAKOWSKY) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To provide for the protection of unaccompanied alien 

children, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Unaccompanied Alien Child Protection Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CUSTODY, RELEASE, FAMILY REUNIFICATION, AND 

DETENTION 
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Sec. 101. Procedures when encountering unaccompanied alien children. 

Sec. 102. Family reunification for unaccompanied alien children with relatives 

in the United States. 

Sec. 103. Appropriate conditions for detention of unaccompanied alien children. 

Sec. 104. Repatriated unaccompanied alien children. 

Sec. 105. Establishing the age of an unaccompanied alien child. 

Sec. 106. Effective date. 

TITLE II—ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO 

GUARDIANS AD LITEM AND COUNSEL 

Sec. 201. Guardians ad litem. 

Sec. 202. Counsel. 

Sec. 203. Effective date; applicability. 

TITLE III—STRENGTHENING POLICIES FOR PERMANENT 

PROTECTION OF ALIEN CHILDREN 

Sec. 301. Special immigrant juvenile visa. 

Sec. 302. Training for officials and certain private parties who come into contact with unaccompanied alien children. 

Sec. 303. Report. 

Sec. 304. Effective date. 

TITLE IV—CHILDREN REFUGEE AND ASYLUM SEEKERS 

Sec. 401. Guidelines for children’s asylum claims. 

Sec. 402. Unaccompanied refugee children. 

Sec. 403. Exceptions for unaccompanied alien children in asylum and refugeelike circumstances. 

TITLE V—AUTHORIZATION OF APPROPRIATIONS 

Sec. 501. Authorization of appropriations. 

TITLE VI—AMENDMENTS TO THE HOMELAND SECURITY ACT OF 

2002

Sec. 601. Additional responsibilities and powers of the Office of Refugee Resettlement with respect to unaccompanied alien children. 

Sec. 602. Technical corrections. 

Sec. 603. Effective date.

1 SEC. 2. DEFINITIONS. 

2 (a) IN GENERAL.—In this Act: 

3 (1) COMPETENT.—The term ‘‘competent’’, in 

4 reference to counsel, means an attorney who com5 plies with the duties set forth in this Act and—

6 (A) is a member in good standing of the 

7 bar of the highest court of any State, posses-
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1 sion, territory, Commonwealth, or the District 

2 of Columbia; 

3 (B) is not under any order of any court 

4 suspending, enjoining, restraining, disbarring, 

5 or otherwise restricting the attorney in the 

6 practice of law; and 

7 (C) is properly qualified to handle matters 

8 involving unaccompanied immigrant children or 

9 is working under the auspices of a qualified 

10 nonprofit organization that is experienced in 

11 handling such matters. 

12 (2) DIRECTOR.—The term ‘‘Director’’ means 

13 the Director of the Office. 

14 (3) DIRECTORATE.—The term ‘‘Directorate’’ 

15 means the Directorate of Border and Transportation 

16 Security established by section 401 of the Homeland 

17 Security Act of 2002 (6 U.S.C. 201). 

18 (4) OFFICE.—The term ‘‘Office’’ means the Of19 fice of Refugee Resettlement as established by sec20 tion 411 of the Immigration and Nationality Act (8 

21 U.S.C. 1521). 

22 (5) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Homeland Security. 

24 (6) UNACCOMPANIED ALIEN CHILD.—The term 

25 ‘‘unaccompanied alien child’’ has the same meaning 
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1 as is given the term in section 462(g)(2) of the 

2 Homeland Security Act of 2002 (6 U.S.C. 

3 279(g)(2)). 

4 (7) VOLUNTARY AGENCY.—The term ‘‘vol5 untary agency’’ means a private, nonprofit voluntary 

6 agency with expertise in meeting the cultural, devel7 opmental, or psychological needs of unaccompanied 

8 alien children, as certified by the Director of the Of9 fice of Refugee Resettlement. 

10 (b) AMENDMENTS TO THE IMMIGRATION AND NA11 TIONALITY ACT.—Section 101(a) of the Immigration and 

12 Nationality Act (8 U.S.C. 1101(a)) is amended by adding 

13 at the end the following: 

14 ‘‘(51) The term ‘unaccompanied alien child’ means 

15 a child who—

16 ‘‘(A) has no lawful immigration status in the 

17 United States; 

18 ‘‘(B) has not attained the age of 18; and 

19 ‘‘(C) with respect to whom—

20 ‘‘(i) there is no parent or legal guardian in 

21 the United States; or 

22 ‘‘(ii) no parent or legal guardian in the 

23 United States is able to provide care and phys24 ical custody.
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1 ‘‘(52) The term ‘unaccompanied refugee children’ 

2 means persons described in paragraph (42) who—

3 ‘‘(A) have not attained the age of 18; and 

4 ‘‘(B) with respect to whom there are no parents 

5 or legal guardians available to provide care and 

6 physical custody.’’. 

7 TITLE I—CUSTODY, RELEASE, 

8 FAMILY REUNIFICATION, AND 

9 DETENTION 

10 SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOM11 PANIED ALIEN CHILDREN. 

12 (a) UNACCOMPANIED CHILDREN FOUND ALONG THE

13 UNITED STATES BORDER OR AT UNITED STATES PORTS

14 OF ENTRY.—

15 (1) IN GENERAL.—Subject to paragraph (2), if 

16 an immigration officer finds an unaccompanied alien 

17 child who is described in paragraph (2) at a land 

18 border or port of entry of the United States and de19 termines that such child is inadmissible under the 

20 Immigration and Nationality Act (8 U.S.C. 1101 et 

21 seq.), the officer shall—

22 (A) permit such child to withdraw the 

23 child’s application for admission pursuant to 

24 section 235(a)(4) of the Immigration and Na25 tionality Act (8 U.S.C. 1225(a)(4)); and
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1 (B) return such child to the child’s country 

2 of nationality or country of last habitual resi3 dence. 

4 (2) SPECIAL RULE FOR CONTIGUOUS COUN5 TRIES.—

6 (A) IN GENERAL.—Any child who is a na7 tional or habitual resident of a country that is 

8 contiguous with the United States and that has 

9 an agreement in writing with the United States 

10 providing for the safe return and orderly repa11 triation of unaccompanied alien children who 

12 are nationals or habitual residents of such 

13 country shall be treated in accordance with 

14 paragraph (1), unless a determination is made, 

15 on a case-by-case basis, that such child is a na16 tional or habitual resident of such a country 

17 and that—

18 (i) such child has a fear of returning 

19 to the child’s country of nationality or 

20 country of last habitual residence owing to 

21 a fear of persecution; 

22 (ii) the return of such child to the 

23 child’s country of nationality or country of 

24 last habitual residence would endanger the 

25 life or safety of such child; or 
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1 (iii) the child cannot make an inde2 pendent decision to withdraw the child’s 

3 application for admission due to age or 

4 other lack of capacity. 

5 (B) RIGHT OF CONSULTATION.—Any child 

6 described in subparagraph (A) shall have the 

7 right to consult with a consular officer from the 

8 child’s country of nationality or country of last 

9 habitual residence prior to repatriation, as well 

10 as consult with the Office, telephonically, and 

11 such child shall be informed of that right in the 

12 child’s native language. 

13 (3) RULE FOR APPREHENSIONS AT THE BOR14 DER.—The custody of unaccompanied alien children 

15 not described in paragraph (2) who are apprehended 

16 at the border of the United States or at a United 

17 States port of entry shall be treated in accordance 

18 with the provisions of subsection (b). 

19 (b) CARE AND CUSTODY OF UNACCOMPANIED ALIEN

20 CHILDREN FOUND IN THE INTERIOR OF THE UNITED

21 STATES.—

22 (1) ESTABLISHMENT OF JURISDICTION.—

23 (A) IN GENERAL.—Except as otherwise 

24 provided under subparagraphs (B) and (C) and 

25 subsection (a), the care and custody of all unac-
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1 companied alien children, including responsi2 bility for their detention, where appropriate, 

3 shall be under the jurisdiction of the Office. 

4 (B) EXCEPTION FOR CHILDREN WHO HAVE

5 COMMITTED CRIMES.—Notwithstanding sub6 paragraph (A), the Directorate shall retain or 

7 assume the custody and care of any unaccom8 panied alien child who—

9 (i) has been charged with any felony, 

10 excluding offenses proscribed by the Immi11 gration and Nationality Act (8 U.S.C. 

12 1101 et seq.), while such charges are pend13 ing; or 

14 (ii) has been convicted of any such fel15 ony. 

16 (C) EXCEPTION FOR CHILDREN WHO

17 THREATEN NATIONAL SECURITY.—Notwith18 standing subparagraph (A), the Directorate 

19 shall retain or assume the custody and care of 

20 an unaccompanied alien child if the Secretary 

21 has substantial evidence, based on an individ22 ualized determination, that such child could 

23 personally endanger the national security of the 

24 United States. 
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1 (D) TRAFFICKING VICTIMS.—For purposes 

2 of section 462 of the Homeland Security Act of 

3 2002 (6 U.S.C. 279) and this Act, an unaccom4 panied alien child who is eligible for services au5 thorized under the Victims of Trafficking and 

6 Violence Protection Act of 2000 (Public Law 

7 106–386), shall be considered to be in the cus8 tody of the Office. 

9 (2) NOTIFICATION.—

10 (A) IN GENERAL.—The Secretary shall 

11 promptly notify the Office upon—

12 (i) the apprehension of an unaccom13 panied alien child; 

14 (ii) the discovery that an alien in the 

15 custody of the Directorate is an unaccom16 panied alien child; 

17 (iii) any claim by an alien in the cus18 tody of the Directorate that such alien is 

19 under the age of 18; or

20 (iv) any suspicion that an alien in the 

21 custody of the Directorate who has claimed 

22 to be over the age of 18 is actually under 

23 the age of 18. 

24 (B) SPECIAL RULE.—In the case of an 

25 alien described in clause (iii) or (iv) of subpara-
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1 graph (A), the Director shall make an age de2 termination in accordance with section 105 and 

3 take whatever other steps are necessary to de4 termine whether or not such alien is eligible for 

5 treatment under section 462 of the Homeland 

6 Security Act of 2002 (6 U.S.C. 279) or this 

7 Act. 

8 (3) TRANSFER OF UNACCOMPANIED ALIEN

9 CHILDREN.—

10 (A) TRANSFER TO THE OFFICE.—The care 

11 and custody of an unaccompanied alien child 

12 shall be transferred to the Office—

13 (i) in the case of a child not described 

14 in subparagraph (B) or (C) of paragraph 

15 (1), not later than 72 hours after the ap16 prehension of such child; or 

17 (ii) in the case of a child whose cus18 tody and care has been retained or as19 sumed by the Directorate pursuant to sub20 paragraph (B) or (C) of paragraph (1), 

21 immediately following a determination that 

22 the child no longer meets the description 

23 set forth in such subparagraphs.

24 (B) TRANSFER TO THE DIRECTORATE.—

25 Upon determining that a child in the custody of 
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1 the Office is described in subparagraph (B) or 

2 (C) of paragraph (1), the Director shall 

3 promptly make arrangements to transfer the 

4 care and custody of such child to the Direc5 torate. 

6 (c) AGE DETERMINATIONS.—In any case in which 

7 the age of an alien is in question and the resolution of 

8 questions about the age of such alien would affect the 

9 alien’s eligibility for treatment under section 462 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 279) or this 

11 Act, a determination of whether or not such alien meets 

12 the age requirements for treatment under this Act shall 

13 be made by the Director in accordance with section 105. 

14 SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED 

15 ALIEN CHILDREN WITH RELATIVES IN THE 

16 UNITED STATES. 

17 (a) PLACEMENT AUTHORITY.— 

18 (1) ORDER OF PREFERENCE.—Subject to the 

19 discretion of the Director under paragraph (4) and 

20 section 103(a)(2), an unaccompanied alien child in 

21 the custody of the Office shall be promptly placed 

22 with 1 of the following individuals or entities in the 

23 following order of preference: 

24 (A) A parent who seeks to establish cus25 tody, as described in paragraph (3)(A). 
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1 (B) A legal guardian who seeks to estab2 lish custody, as described in paragraph (3)(A). 

3 (C) An adult relative. 

4 (D) An entity designated by the parent or 

5 legal guardian that is capable and willing to 

6 care for the well-being of the child. 

7 (E) A State-licensed juvenile shelter, group 

8 home, or foster care program willing to accept 

9 physical custody of the child. 

10 (F) A qualified adult or entity seeking cus11 tody of the child when it appears that there is 

12 no other likely alternative to long-term deten13 tion and family reunification does not appear to 

14 be a reasonable alternative. For purposes of 

15 this subparagraph, the qualification of the adult 

16 or entity shall be decided by the Office. 

17 (2) SUITABILITY ASSESSMENT.—Notwith18 standing paragraph (1), no unaccompanied alien 

19 child shall be placed with a person or entity unless 

20 a valid suitability assessment conducted by an agen21 cy of the State of the child’s proposed residence, by 

22 an agency authorized by that State to conduct such 

23 an assessment, or by an appropriate voluntary agen24 cy contracted with the Office to conduct such assess25 ments has found that the person or entity is capable 
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1 of providing for the child’s physical and mental well2 being. 

3 (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO

4 CUSTODY OF UNACCOMPANIED ALIEN CHILD.—

5 (A) PLACEMENT WITH PARENT OR LEGAL

6 GUARDIAN.—If an unaccompanied alien child is 

7 placed with any person or entity other than a 

8 parent or legal guardian, but subsequent to 

9 that placement a parent or legal guardian seeks 

10 to establish custody, the Director shall assess 

11 the suitability of placing the child with the par12 ent or legal guardian and shall make a written 

13 determination on the child’s placement within 

14 30 days. 

15 (B) RULE OF CONSTRUCTION.—Nothing in 

16 this Act shall be construed to—

17 (i) supersede obligations under any 

18 treaty or other international agreement to 

19 which the United States is a party, includ20 ing The Hague Convention on the Civil As21 pects of International Child Abduction, the 

22 Vienna Declaration and Program of Ac23 tion, and the Declaration of the Rights of 

24 the Child; or 
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1 (ii) limit any right or remedy under 

2 such international agreement. 

3 (4) PROTECTION FROM SMUGGLERS AND TRAF4 FICKERS.—

5 (A) POLICIES AND PROGRAMS.—

6 (i) IN GENERAL.—The Director shall 

7 establish policies and programs to ensure 

8 that unaccompanied alien children are pro9 tected from smugglers, traffickers, or other 

10 persons seeking to victimize or otherwise 

11 engage such children in criminal, harmful, 

12 or exploitative activity. 

13 (ii) WITNESS PROTECTION PROGRAMS

14 INCLUDED.—The programs established 

15 pursuant to clause (i) may include witness 

16 protection programs. 

17 (B) CRIMINAL INVESTIGATIONS AND PROS18 ECUTIONS.—Any officer or employee of the Of19 fice or the Department of Homeland Security, 

20 and any grantee or contractor of the Office,

21 who suspects any individual of being involved 

22 in any activity described in subparagraph (A) 

23 shall report such individual to Federal or State 

24 prosecutors for criminal investigation and pros25 ecution. 
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1 (C) DISCIPLINARY ACTION.—Any officer or 

2 employee of the Office or the Department of 

3 Homeland Security, and any grantee or con4 tractor of the Office, who suspects an attorney 

5 of being involved in any activity described in 

6 subparagraph (A) shall report the individual to 

7 the State bar association of which the attorney 

8 is a member, or to other appropriate discipli9 nary authorities, for appropriate disciplinary ac10 tion that may include private or public admoni11 tion or censure, suspension, or disbarment of 

12 the attorney from the practice of law.

13 (5) GRANTS AND CONTRACTS.—Subject to the 

14 availability of appropriations, the Director may 

15 make grants to, and enter into contracts with, vol16 untary agencies to carry out section 462 of the 

17 Homeland Security Act of 2002 (6 U.S.C. 279) or 

18 to carry out this section.

19 (6) REIMBURSEMENT OF STATE EXPENSES.—

20 Subject to the availability of appropriations, the Di21 rector may reimburse States for any expenses they 

22 incur in providing assistance to unaccompanied alien 

23 children who are served pursuant to section 462 of

24 the Homeland Security Act of 2002 (6 U.S.C. 279) 

25 or this Act. 
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1 (b) CONFIDENTIALITY.—All information obtained by 

2 the Office relating to the immigration status of a person 

3 described in subsection (a) shall remain confidential and 

4 may be used only for the purposes of determining such 

5 person’s qualifications under subsection (a)(1). 

6 SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF 

7 UNACCOMPANIED ALIEN CHILDREN. 

8 (a) STANDARDS FOR PLACEMENT.—

9 (1) PROHIBITION OF DETENTION IN CERTAIN

10 FACILITIES.—Except as provided in paragraph (2), 

11 an unaccompanied alien child shall not be placed in 

12 an adult detention facility or a facility housing delin13 quent children. 

14 (2) DETENTION IN APPROPRIATE FACILITIES.—

15 An unaccompanied alien child who has exhibited a 

16 violent or criminal behavior that endangers others 

17 may be detained in conditions appropriate to the be18 havior in a facility appropriate for delinquent chil19 dren. 

20 (3) STATE LICENSURE.—In the case of a place21 ment of a child with an entity described in section 

22 102(a)(1)(E), the entity must be licensed by an ap23 propriate State agency to provide residential, group, 

24 child welfare, or foster care services for dependent 

25 children. 
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1 (4) CONDITIONS OF DETENTION.—

2 (A) IN GENERAL.—The Director shall pro3 mulgate regulations incorporating standards for 

4 conditions of detention in such placements that 

5 provide for—

6 (i) educational services appropriate to 

7 the child; 

8 (ii) medical care;

9 (iii) mental health care, including 

10 treatment of trauma, physical and sexual 

11 violence, or abuse; 

12 (iv) access to telephones; 

13 (v) access to legal services; 

14 (vi) access to interpreters; 

15 (vii) supervision by professionals 

16 trained in the care of children, taking into 

17 account the special cultural, linguistic, and 

18 experiential needs of children in immigra19 tion proceedings; 

20 (viii) recreational programs and activi21 ties; 

22 (ix) spiritual and religious needs; and 

23 (x) dietary needs. 

24 (B) NOTIFICATION OF CHILDREN.—Regu25 lations promulgated in accordance with sub-
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1 paragraph (A) shall provide that all children 

2 are notified orally and in writing of such stand3 ards in the child’s native language. 

4 (b) PROHIBITION OF CERTAIN PRACTICES.—The Di5 rector and the Secretary shall develop procedures prohib6 iting the unreasonable use of— 

7 (1) shackling, handcuffing, or other restraints 

8 on children; 

9 (2) solitary confinement; or 

10 (3) pat or strip searches. 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to supersede procedures favoring 

13 release of children to appropriate adults or entities or 

14 placement in the least secure setting possible, as defined 

15 in the Stipulated Settlement Agreement under Flores v. 

16 Reno. 

17 SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHIL18 DREN. 

19 (a) COUNTRY CONDITIONS.—

20 (1) SENSE OF CONGRESS.—It is the sense of 

21 Congress that, to the extent consistent with the trea22 ties and other international agreements to which the 

23 United States is a party, and to the extent prac24 ticable, the United States Government should under25 take efforts to ensure that it does not repatriate 
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1 children in its custody into settings that would 

2 threaten the life and safety of such children. 

3 (2) ASSESSMENT OF CONDITIONS.—

4 (A) IN GENERAL.—The Secretary of State 

5 shall include each year in the State Department 

6 Country Report on Human Rights, an assess7 ment of the degree to which each country pro8 tects children from smugglers and traffickers. 

9 (B) FACTORS FOR ASSESSMENT.—The Of10 fice shall consult the State Department Country 

11 Report on Human Rights and the Victims of 

12 Trafficking and Violence Protection Act of 

13 2000: Trafficking in Persons Report in assess14 ing whether to repatriate an unaccompanied 

15 alien child to a particular country. 

16 (b) REPORT ON REPATRIATION OF UNACCOMPANIED

17 ALIEN CHILDREN.—

18 (1) IN GENERAL.—Not later than 18 months 

19 after the date of enactment of this Act, and annually

20 thereafter, the Director shall submit a report to the 

21 Committees on the Judiciary of the House of Rep22 resentatives and the Senate on efforts to repatriate 

23 unaccompanied alien children. 
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1 (2) CONTENTS.—The report submitted under 

2 paragraph (1) shall include, at a minimum, the fol3 lowing information: 

4 (A) The number of unaccompanied alien 

5 children ordered removed and the number of 

6 such children actually removed from the United 

7 States. 

8 (B) A description of the type of immigra9 tion relief sought and denied to such children. 

10 (C) A statement of the nationalities, ages, 

11 and gender of such children. 

12 (D) A description of the procedures used 

13 to effect the removal of such children from the 

14 United States. 

15 (E) A description of steps taken to ensure 

16 that such children were safely and humanely re17 patriated to their country of origin. 

18 (F) Any information gathered in assess19 ments of country and local conditions pursuant 

20 to subsection (a)(2). 

21 SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED 

22 ALIEN CHILD. 

23 (a) IN GENERAL.—The Director shall develop proce24 dures to determine the age of an alien in the custody of 

25 the Department of Homeland Security or the Office, when
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1 the age of the alien is at issue. Such procedures shall per2 mit the presentation of multiple forms of evidence, includ3 ing testimony of the child, to determine the age of the 

4 unaccompanied alien for purposes of placement, custody, 

5 parole, and detention. Such procedures shall allow the ap6 peal of a determination to an immigration judge. 

7 (b) PROHIBITION ON SOLE MEANS OF DETERMINING

8 AGE.—Neither radiographs nor the attestation of an alien 

9 shall be used as the sole means of determining age for 

10 the purposes of determining an alien’s eligibility for treat11 ment under section 462 of the Homeland Security Act of 

12 2002 (6 U.S.C. 279) or this Act. 

13 (c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to place the burden of proof in 

15 determining the age of an alien on the government. 

16 SEC. 106. EFFECTIVE DATE. 

17 This title shall take effect 90 days after the date of 

18 enactment of this Act.

19 TITLE II—ACCESS BY UNACCOM20 PANIED ALIEN CHILDREN TO 

21 GUARDIANS AD LITEM AND 

22 COUNSEL 

23 SEC. 201. GUARDIANS AD LITEM. 

24 (a) ESTABLISHMENT OF GUARDIAN AD LITEM PRO25 GRAM.—
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1 (1) APPOINTMENT.—The Director may, in the 

2 Director’s discretion, appoint a guardian ad litem 

3 who meets the qualifications described in paragraph 

4 (2) for such child. The Director is encouraged, wher5 ever practicable, to contract with a voluntary agency 

6 for the selection of an individual to be appointed as 

7 a guardian ad litem under this paragraph.

8 (2) QUALIFICATIONS OF GUARDIAN AD

9 LITEM.—

10 (A) IN GENERAL.—No person shall serve 

11 as a guardian ad litem unless such person—

12 (i) is a child welfare professional or 

13 other individual who has received training 

14 in child welfare matters; and 

15 (ii) possesses special training on the 

16 nature of problems encountered by unac17 companied alien children. 

18 (B) PROHIBITION.—A guardian ad litem 

19 shall not be an employee of the Directorate, the 

20 Office, or the Executive Office for Immigration 

21 Review. 

22 (3) DUTIES.—The guardian ad litem shall—

23 (A) conduct interviews with the child in a 

24 manner that is appropriate, taking into account 

25 the child’s age; 
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1 (B) investigate the facts and circumstances 

2 relevant to such child’s presence in the United 

3 States, including facts and circumstances aris4 ing in the country of the child’s nationality or 

5 last habitual residence and facts and cir6 cumstances arising subsequent to the child’s de7 parture from such country; 

8 (C) work with counsel to identify the 

9 child’s eligibility for relief from removal or vol10 untary departure by sharing with counsel infor11 mation collected under subparagraph (B); 

12 (D) develop recommendations on issues 

13 relative to the child’s custody, detention, re14 lease, and repatriation; 

15 (E) take reasonable steps to ensure that 

16 the best interests of the child are promoted 

17 while the child participates in, or is subject to, 

18 proceedings or matters under the Immigration 

19 and Nationality Act (8 U.S.C. 1101 et seq.); 

20 (F) take reasonable steps to ensure that 

21 the child understands the nature of the legal 

22 proceedings or matters and determinations 

23 made by the court, and ensure that all informa24 tion is conveyed in an age-appropriate manner; 

25 and 
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1 (G) report factual findings relating to—

2 (i) information gathered pursuant to 

3 subparagraph (B); 

4 (ii) the care and placement of the 

5 child during the pendency of the pro6 ceedings or matters; and 

7 (iii) any other information gathered 

8 pursuant to subparagraph (D). 

9 (4) TERMINATION OF APPOINTMENT.—The 

10 guardian ad litem shall carry out the duties de11 scribed in paragraph (3) until—

12 (A) those duties are completed; 

13 (B) the child departs the United States; 

14 (C) the child is granted permanent resi15 dent status in the United States; 

16 (D) the child attains the age of 18; or

17 (E) the child is placed in the custody of a 

18 parent or legal guardian; 

19 whichever occurs first. 

20 (5) POWERS.—The guardian ad litem—

21 (A) shall have reasonable access to the 

22 child, including access while such child is being 

23 held in detention or in the care of a foster fam24 ily; 
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1 (B) shall be permitted to review all records 

2 and information relating to such proceedings 

3 that are not deemed privileged or classified; 

4 (C) may seek independent evaluations of 

5 the child; 

6 (D) shall be notified in advance of all hear7 ings or interviews involving the child that are 

8 held in connection with proceedings or matters 

9 under the Immigration and Nationality Act (8 

10 U.S.C. 1101 et seq.), and shall be given a rea11 sonable opportunity to be present at such hear12 ings or interviews; 

13 (E) shall be permitted to consult with the 

14 child during any hearing or interview involving 

15 such child; and 

16 (F) shall be provided at least 24 hours ad17 vance notice of a transfer of that child to a dif18 ferent placement, absent compelling and un19 usual circumstances warranting the transfer of 

20 such child prior to notification. 

21 (b) TRAINING.—The Director shall provide profes22 sional training for all persons serving as guardians ad 

23 litem under this section in the—

24 (1) circumstances and conditions that unaccom25 panied alien children face; and
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1 (2) various immigration benefits for which such 

2 alien child might be eligible. 

3 (c) PILOT PROGRAM.—

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this Act, the Director 

6 shall establish and begin to carry out a pilot pro7 gram to test the implementation of subsection (a). 

8 (2) PURPOSE.—The purpose of the pilot pro9 gram established pursuant to paragraph (1) is to—

10 (A) study and assess the benefits of pro11 viding guardians ad litem to assist unaccom12 panied alien children involved in immigration 

13 proceedings or matters; 

14 (B) assess the most efficient and cost-ef15 fective means of implementing the guardian ad 

16 litem provisions in this section; and 

17 (C) assess the feasibility of implementing 

18 such provisions on a nationwide basis for all un19 accompanied alien children in the care of the 

20 Office. 

21 (3) SCOPE OF PROGRAM.—

22 (A) SELECTION OF SITE.—The Director 

23 shall select 3 sites in which to operate the pilot 

24 program established pursuant to paragraph (1). 
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1 (B) NUMBER OF CHILDREN.—To the 

2 greatest extent possible, each site selected 

3 under subparagraph (A) should have at least 25 

4 children held in immigration custody at any 

5 given time. 

6 (4) REPORT TO CONGRESS.—Not later than 1 

7 year after the date on which the first pilot program 

8 is established pursuant to paragraph (1), the Direc9 tor shall report to the Committees on the Judiciary 

10 of the Senate and the House of Representatives on 

11 subparagraphs (A) through (C) of paragraph (2). 

12 SEC. 202. COUNSEL. 

13 (a) ACCESS TO COUNSEL.—

14 (1) IN GENERAL.—The Director shall ensure 

15 that all unaccompanied alien children in the custody 

16 of the Office, or in the custody of the Directorate, 

17 who are not described in section 101(a)(2) shall 

18 have competent counsel to represent them in immi19 gration proceedings or matters. 

20 (2) PRO BONO REPRESENTATION.—To the max21 imum extent practicable, the Director shall utilize 

22 the services of competent pro bono counsel who 

23 agree to provide representation to such children 

24 without charge. 
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1 (3) GOVERNMENT-FUNDED LEGAL REPRESEN2 TATION AS A LAST RESORT.—

3 (A) APPOINTMENT OF COMPETENT COUN4 SEL.—Notwithstanding section 292 of the Im5 migration and Nationality Act (8 U.S.C. 1362) 

6 or any other provision of law, if no competent 

7 counsel is available to represent an unaccom8 panied alien child without charge, the Director 

9 shall appoint competent counsel for such child 

10 at the expense of the Government. 

11 (B) LIMITATION ON ATTORNEY FEES.—

12 Counsel appointed under subparagraph (A) 

13 shall not be compensated at a rate in excess of 

14 the rate provided under section 3006A of title 

15 18, United States Code. 

16 (C) AVAILABILITY OF FUNDING.—In car17 rying out this paragraph, the Director may 

18 make use of funds derived from any source des19 ignated by the Secretary of Health and Human 

20 Services from discretionary funds available to 

21 the Department of Health and Human Services. 

22 (D) ASSUMPTION OF THE COST OF GOV23 ERNMENT-PAID COUNSEL.—In the case of a 

24 child for whom counsel is appointed under sub25 paragraph (A) who is subsequently placed in 
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1 the physical custody of a parent or legal guard2 ian, such parent or legal guardian may elect to 

3 retain the same counsel to continue representa4 tion of the child, at no expense to the Govern5 ment, beginning on the date that the parent or 

6 legal guardian assumes physical custody of the 

7 child. 

8 (4) DEVELOPMENT OF NECESSARY INFRA9 STRUCTURES AND SYSTEMS.—In ensuring that legal 

10 representation is provided to such children, the Di11 rector shall develop the necessary mechanisms to 

12 identify entities available to provide such legal as13 sistance and representation and to recruit such enti14 ties. 

15 (5) CONTRACTING AND GRANT MAKING AU16 THORITY.—

17 (A) IN GENERAL.—Subject to the avail18 ability of appropriations, the Director shall

19 enter into contracts with or make grants to na20 tional nonprofit agencies with relevant expertise 

21 in the delivery of immigration-related legal serv22 ices to children in order to carry out this sub23 section. National nonprofit agencies may enter 

24 into subcontracts with or make grants to pri25 vate voluntary agencies with relevant expertise 
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1 in the delivery of immigration-related legal serv2 ices to children in order to carry out this sub3 section. 

4 (B) INELIGIBILITY FOR GRANTS AND CON5 TRACTS.—In making grants and entering into 

6 contracts with agencies in accordance with sub7 paragraph (A), the Director shall ensure that 

8 no such agency receiving funds under this sub9 section is a grantee or contractee for more than 

10 1 of the following services: 

11 (i) Services provided under section 

12 102. 

13 (ii) Services provided under section 

14 201. 

15 (iii) Services provided under para16 graph (2). 

17 (iv) Services provided under para18 graph (3). 

19 (6) MODEL GUIDELINES ON LEGAL REPRESEN20 TATION OF CHILDREN.—

21 (A) DEVELOPMENT OF GUIDELINES.—The 

22 Executive Office for Immigration Review, in 

23 consultation with voluntary agencies and na24 tional experts, shall develop model guidelines 

25 for the legal representation of alien children in
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1 immigration proceedings based on the children’s 

2 asylum guidelines, the American Bar Associa3 tion Model Rules of Professional Conduct, and 

4 other relevant domestic or international sources. 

5 (B) PURPOSE OF GUIDELINES.—The 

6 guidelines developed in accordance with sub7 paragraph (A) shall be designed to help protect 

8 a child from any individual suspected of involve9 ment in any criminal, harmful, or exploitative 

10 activity associated with the smuggling or traf11 ficking of children, while ensuring the fairness 

12 of the removal proceeding in which the child is 

13 involved. 

14 (C) IMPLEMENTATION.—The Executive 

15 Office for Immigration Review shall adopt the 

16 guidelines developed in accordance with sub17 paragraph (A) and submit them for adoption by 

18 national, State, and local bar associations. 

19 (b) DUTIES.—Counsel shall—

20 (1) represent the unaccompanied alien child in 

21 all proceedings and matters relating to the immigra22 tion status of the child or other actions involving the 

23 Directorate; 
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1 (2) appear in person for all individual merits 

2 hearings before the Executive Office for Immigration 

3 Review and interviews involving the Directorate; and 

4 (3) owe the same duties of undivided loyalty, 

5 confidentiality, and competent representation to the 

6 child as is due an adult client. 

7 (c) ACCESS TO CHILD.—

8 (1) IN GENERAL.—Counsel shall have reason9 able access to the unaccompanied alien child, includ10 ing access while the child is being held in detention, 

11 in the care of a foster family, or in any other setting 

12 that has been determined by the Office. 

13 (2) RESTRICTION ON TRANSFERS.—Absent 

14 compelling and unusual circumstances, no child who 

15 is represented by counsel shall be transferred from 

16 the child’s placement to another placement unless 

17 advance notice of at least 24 hours is made to coun18 sel of such transfer. 

19 (d) TERMINATION OF APPOINTMENT.—Counsel ap20 pointed under subsection (a)(3) shall carry out the duties 

21 described in subsection (b) until—

22 (1) those duties are completed; 

23 (2) the child departs the United States; 
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1 (3) the child is granted withholding of removal 

2 under section 241(b)(3) of the Immigration and Na3 tionality Act (8 U.S.C. 1231(b)(3)); 

4 (4) the child is granted protection under the 

5 Convention Against Torture; 

6 (5) the child is granted asylum in the United 

7 States under section 208 of the Immigration and 

8 Nationality Act (8 U.S.C. 1158); 

9 (6) the child is granted permanent resident sta10 tus in the United States; or 

11 (7) the child attains 18 years of age; 

12 whichever occurs first.

13 (e) NOTICE TO COUNSEL DURING IMMIGRATION

14 PROCEEDINGS.—

15 (1) IN GENERAL.—Except when otherwise re16 quired in an emergency situation involving the phys17 ical safety of the child, counsel shall be given prompt 

18 and adequate notice of all immigration matters af19 fecting or involving an unaccompanied alien child, 

20 including adjudications, proceedings, and processing, 

21 before such actions are taken. 

22 (2) OPPORTUNITY TO CONSULT WITH COUN23 SEL.—An unaccompanied alien child in the custody 

24 of the Office may not give consent to any immigra25 tion action, including consenting to voluntary depar-
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1 ture, unless first afforded an opportunity to consult 

2 with counsel. 

3 (f) ACCESS TO RECOMMENDATIONS OF GUARDIAN

4 AD LITEM.—Counsel shall be afforded an opportunity to 

5 review the recommendation by the guardian ad litem af6 fecting or involving a client who is an unaccompanied alien 

7 child. 

8 SEC. 203. EFFECTIVE DATE; APPLICABILITY. 

9 (a) EFFECTIVE DATE.—This title shall take effect 

10 180 days after the date of enactment of this Act. 

11 (b) APPLICABILITY.—The provisions of this title shall 

12 apply to all unaccompanied alien children in Federal cus13 tody on, before, or after the effective date of this title.

14 TITLE III—STRENGTHENING 

15 POLICIES FOR PERMANENT 

16 PROTECTION OF ALIEN CHIL17 DREN 

18 SEC. 301. SPECIAL IMMIGRANT JUVENILE VISA. 

19 (a) J VISA.—Section 101(a)(27)(J) of the Immigra20 tion and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is 

21 amended to read as follows: 

22 ‘‘(J) an immigrant under the age of 21 on the 

23 date of application who is present in the United 

24 States—
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1 ‘‘(i) who by a court order, which shall be 

2 binding on the Secretary of Homeland Security 

3 for purposes of adjudications under this sub4 paragraph, was declared dependent on a juve5 nile court located in the United States or whom 

6 such a court has legally committed to, or placed 

7 under the custody of, a department or agency 

8 of a State, or an individual or entity appointed 

9 by a State or juvenile court located in the 

10 United States, due to abuse, neglect, or aban11 donment, or a similar basis found under State 

12 law; 

13 ‘‘(ii) for whom it has been determined in 

14 administrative or judicial proceedings that it 

15 would not be in the alien’s best interest to be 

16 returned to the alien’s or parent’s previous 

17 country of nationality or country of last habit18 ual residence; and 

19 ‘‘(iii) with respect to a child in Federal 

20 custody, for whom the Office of Refugee Reset21 tlement of the Department of Health and 

22 Human Services has certified to the Director of 

23 the Bureau of Citizenship and Immigration 

24 Services that the classification of an alien as a 

25 special immigrant under this subparagraph has
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1 not been made solely to provide an immigration 

2 benefit to that alien; 

3 except that no natural parent or prior adoptive par4 ent of any alien provided special immigrant status 

5 under this subparagraph shall thereafter, by virtue 

6 of such parentage, be accorded any right, privilege, 

7 or status under this Act;’’. 

8 (b) ADJUSTMENT OF STATUS.—Section 245(h)(2) of 

9 the Immigration and Nationality Act (8 U.S.C. 

10 1255(h)(2)) is amended—

11 (1) by amending subparagraph (A) to read as 

12 follows: 

13 ‘‘(A) paragraphs (1), (4), (5), (6), and 

14 (7)(A) of section 212(a) shall not apply;’’; 

15 (2) in subparagraph (B), by striking the period 

16 and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(C) the Secretary of Homeland Security 

19 may waive subparagraphs (A) and (B) of para20 graph (2) of section 212(a) in the case of an of21 fense which arose as a consequence of the child 

22 being unaccompanied.’’. 

23 (c) ELIGIBILITY FOR ASSISTANCE.—A child who has 

24 been granted relief under section 101(a)(27)(J) of the Im25 migration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), 
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1 as amended by subsection (a), shall be eligible for all funds 

2 made available under section 412(d) of that Act (8 U.S.C. 

3 1522(d)) until such time as the child attains the age des4 ignated in section 412(d)(2)(B) of that Act (8 U.S.C. 

5 1522(d)(2)(B)), or until the child is placed in a permanent 

6 adoptive home, whichever occurs first. 

7 SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE 

8 PARTIES WHO COME INTO CONTACT WITH 

9 UNACCOMPANIED ALIEN CHILDREN. 

10 (a) TRAINING OF STATE AND LOCAL OFFICIALS AND

11 CERTAIN PRIVATE PARTIES.—The Secretary of Health 

12 and Human Services, acting jointly with the Secretary, 

13 shall provide appropriate training to be available to State 

14 and county officials, child welfare specialists, teachers, 

15 public counsel, and juvenile judges who come into contact 

16 with unaccompanied alien children. The training shall pro17 vide education on the processes pertaining to unaccom18 panied alien children with pending immigration status and 

19 on the forms of relief potentially available. The Director 

20 shall be responsible for establishing a core curriculum that 

21 can be incorporated into education, training, or orienta22 tion modules or formats that are currently used by these 

23 professionals. 

24 (b) TRAINING OF DIRECTORATE PERSONNEL.—The 

25 Secretary, acting jointly with the Secretary of Health and 
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1 Human Services, shall provide specialized training to all 

2 personnel of the Directorate who come into contact with 

3 unaccompanied alien children. In the case of Border Pa4 trol agents and immigration inspectors, such training shall 

5 include specific training on identifying children at the 

6 United States borders or at United States ports of entry 

7 who have been victimized by smugglers or traffickers, and 

8 children for whom asylum or special immigrant relief may 

9 be appropriate, including children described in section 

10 101(a)(2). 

11 SEC. 303. REPORT. 

12 Not later than January 31, 2004, and annually there13 after, the Secretary of Health and Human Services shall 

14 submit a report for the previous fiscal year to the Commit15 tees on the Judiciary of the House of Representatives and 

16 the Senate that contains—

17 (1) data related to the implementation of sec18 tion 462 of the Homeland Security Act (6 U.S.C. 

19 279); 

20 (2) data regarding the care and placement of 

21 children in accordance with this Act; 

22 (3) data regarding the provision of guardian ad 

23 litem and counsel services in accordance with this 

24 Act; and 
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1 (4) any other information that the Director or 

2 the Secretary of Health and Human Services deter3 mines to be appropriate. 

4 SEC. 304. EFFECTIVE DATE. 

5 The amendment made by section 301 shall apply to 

6 all aliens who were in the United States before, on, or 

7 after the date of enactment of this Act. 

8 TITLE IV—CHILDREN REFUGEE 

9 AND ASYLUM SEEKERS 

10 SEC. 401. GUIDELINES FOR CHILDREN’S ASYLUM CLAIMS. 

11 (a) SENSE OF CONGRESS.—Congress commends the 

12 Immigration and Naturalization Service for its issuance 

13 of its ‘‘Guidelines for Children’s Asylum Claims’’, dated 

14 December 1998, and encourages and supports the imple15 mentation of such guidelines by the Immigration and Nat16 uralization Service (and its successor entities) in an effort 

17 to facilitate the handling of children’s asylum claims. Con18 gress calls upon the Executive Office for Immigration Re19 view of the Department of Justice to adopt the ‘‘Guide20 lines for Children’s Asylum Claims’’ in its handling of chil21 dren’s asylum claims before immigration judges and the 

22 Board of Immigration Appeals. 

23 (b) TRAINING.—The Secretary shall provide periodic 

24 comprehensive training under the ‘‘Guidelines for Chil25 dren’s Asylum Claims’’ to asylum officers, immigration 
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1 judges, members of the Board of Immigration Appeals, 

2 and immigration officers who have contact with children 

3 in order to familiarize and sensitize such officers to the 

4 needs of children asylum seekers. Voluntary agencies shall 

5 be allowed to assist in such training. 

6 SEC. 402. UNACCOMPANIED REFUGEE CHILDREN. 

7 (a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL8 DREN.—Section 207(e) of the Immigration and Nation9 ality Act (8 U.S.C. 1157(e)) is amended— 

10 (1) by redesignating paragraphs (3), (4), (5), 

11 (6), and (7) as paragraphs (4), (5), (6), (7), and 

12 (8), respectively; and 

13 (2) by inserting after paragraph (2) the fol14 lowing:

15 ‘‘(3) An analysis of the worldwide situation 

16 faced by unaccompanied refugee children, by region, 

17 which shall include an assessment of—

18 ‘‘(A) the number of unaccompanied refugee 

19 children, by region; 

20 ‘‘(B) the capacity of the Department of 

21 State to identify such refugees; 

22 ‘‘(C) the capacity of the international com23 munity to care for and protect such refugees;
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1 ‘‘(D) the capacity of the voluntary agency 

2 community to resettle such refugees in the 

3 United States; 

4 ‘‘(E) the degree to which the United States 

5 plans to resettle such refugees in the United 

6 States in the coming fiscal year; and 

7 ‘‘(F) the fate that will befall such unac8 companied refugee children for whom resettle9 ment in the United States is not possible.’’.

10 (b) TRAINING ON THE NEEDS OF UNACCOMPANIED

11 REFUGEE CHILDREN.—Section 207(f)(2) of the Immigra12 tion and Nationality Act (8 U.S.C. 1157(f)(2)) is amended 

13 by—

14 (1) striking ‘‘and’’ after ‘‘countries,’’; and 

15 (2) inserting before the period at the end the 

16 following: ‘‘, and instruction on the needs of unac17 companied refugee children’’. 

18 SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHIL19 DREN IN ASYLUM AND REFUGEE-LIKE CIR20 CUMSTANCES. 

21 (a) PLACEMENT IN REMOVAL PROCEEDINGS.—Any 

22 unaccompanied alien child apprehended by the Direc23 torate, except for an unaccompanied alien child subject to 

24 exceptions under paragraph (1)(A) or (2) of section 

25 (101)(a) of this Act, shall be placed in removal pro-
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1 ceedings under section 240 of the Immigration and Na2 tionality Act (8 U.S.C. 1229a). 

3 (b) EXCEPTION FROM TIME LIMIT FOR FILING ASY4 LUM APPLICATION.—Section 208(a)(2) of the Immigra5 tion and Nationality Act (8 U.S.C. 1158(a)(2)) is amend6 ed by adding at the end the following: 

7 ‘‘(E) APPLICABILITY.—Subparagraphs (A) 

8 and (B) shall not apply to an unaccompanied 

9 child as defined in section 101(a)(51).’’. 

10 TITLE V—AUTHORIZATION OF 

11 APPROPRIATIONS 

12 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There are authorized to be appro14 priated such sums as may be necessary to carry out—

15 (1) section 462 of the Homeland Security Act 

16 of 2002 (6 U.S.C. 279); and 

17 (2) this Act. 

18 (b) AVAILABILITY OF FUNDS.—Amounts appro19 priated pursuant to subsection (a) are authorized to re20 main available until expended. 
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1 TITLE VI—AMENDMENTS TO THE 

2 HOMELAND SECURITY ACT 

3 OF 2002

4 SEC. 601. ADDITIONAL RESPONSIBILITIES AND POWERS OF 

5 THE OFFICE OF REFUGEE RESETTLEMENT 

6 WITH RESPECT TO UNACCOMPANIED ALIEN 

7 CHILDREN. 

8 (a) ADDITIONAL RESPONSIBILITIES OF THE DIREC9 TOR.—Section 462(b)(1) of the Homeland Security Act of 

10 2002 (6 U.S.C. 279(b)(1)) is amended—

11 (1) in subparagraph (K), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (L), by striking the period 

14 at the end and inserting ‘‘, including regular follow15 up visits to such facilities, placements, and other en16 tities, to assess the continued suitability of such 

17 placements; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(M) ensuring minimum standards of care for 

20 all unaccompanied alien children—

21 ‘‘(i) for whom detention is necessary; and 

22 ‘‘(ii) who reside in settings that are alter23 native to detention.’’. 

24 (b) ADDITIONAL POWERS OF THE DIRECTOR.—Sec25 tion 462(b) of the Homeland Security Act of 2002 (6 
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1 U.S.C. 279(b)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(4) POWERS.—In carrying out the duties 

4 under paragraph (3), the Director shall have the 

5 power to—

6 ‘‘(A) contract with service providers to per7 form the services described in sections 102, 

8 103, 201, and 202 of the Unaccompanied Alien 

9 Child Protection Act of 2003; and 

10 ‘‘(B) compel compliance with the terms 

11 and conditions set forth in section 103 of the 

12 Unaccompanied Alien Child Protection Act of 

13 2003, including the power to—

14 ‘‘(i) declare providers to be in breach 

15 and seek damages for noncompliance; 

16 ‘‘(ii) terminate the contracts of pro17 viders that are not in compliance with such 

18 conditions; and 

19 ‘‘(iii) reassign any unaccompanied 

20 alien child to a similar facility that is in 

21 compliance with such section.’’. 

22 (c) CLARIFICATION OF DIRECTOR’S AUTHORITY TO

23 HIRE PERSONNEL.—Section 462(f)(3) of the Homeland 

24 Security Act of 2002 (6 U.S.C. 279(f)(3)) is amended—
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1 (1) by striking ‘‘(3) TRANSFER AND ALLOCA2 TION OF APPROPRIATIONS AND PERSONNEL.—The 

3 personnel’’ and inserting the following: 

4 ‘‘(3) TRANSFER AND ALLOCATION OF APPRO5 PRIATIONS AND PERSONNEL.—

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the personnel’’; and 

8 (2) by inserting at the end the following: 

9 ‘‘(B) EXCEPTION.—The Director may hire 

10 and fix the level of compensation of an ade11 quate number of personnel to carry out the du12 ties of the Office. Notwithstanding the provi13 sions of subparagraph (A), the Director may 

14 elect not to receive the transfer of any per15 sonnel of the Department of Justice employed 

16 in connection with the functions transferred by 

17 this section or, at the Director’s discretion, to 

18 assign different duties to such personnel.’’. 

19 SEC. 602. TECHNICAL CORRECTIONS. 

20 Section 462(b) of the Homeland Security Act of 2002 

21 (6 U.S.C. 279(b)), as amended by section 601, is amend22 ed—

23 (1) in paragraph (3), by striking ‘‘paragraph 

24 (1)(G)’’ and inserting ‘‘paragraph (1)’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in 

2 paragraph (2)(B) may be construed to require that 

3 a bond be posted for unaccompanied alien children 

4 who are released to a qualified sponsor.’’. 

5 SEC. 603. EFFECTIVE DATE. 

6 The amendments made by this title shall take effect 

7 as if enacted as part of the Homeland Security Act of 

8 2002 (6 U.S.C. 101 et seq.).

Æ