```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 121 Introduced in Senate (IS)]

107th CONGRESS
  1st Session
                                 S. 121

To establish an Office of Children's Services within the Department of 
   Justice to coordinate and implement Government actions involving 
         unaccompanied alien children, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

  Ms. Feinstein (for herself and Mr. Graham) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
To establish an Office of Children's Services within the Department of 
   Justice to coordinate and implement Government actions involving 
         unaccompanied alien children, and for other purposes.

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

SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Unaccompanied 
Alien Child Protection Act of 2001''.
    (b) References in Act.--Except as specifically provided in this 
Act, whenever in this Act an amendment or repeal is expressed as an 
amendment to or repeal of a provision, the reference shall be deemed to 
be made to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; references in Act; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
                      TITLE I--STRUCTURAL CHANGES

Sec. 101. Establishment of the Office of Children's Services.
Sec. 102. Establishment of Interagency Task Force on Unaccompanied 
                            Alien Children.
Sec. 103. Effective date.
TITLE II--PAROLE, CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

Sec. 201. Parole and custody of unaccompanied alien children.
Sec. 202. Family reunification for unaccompanied alien children with 
                            relatives in the United States.
Sec. 203. Appropriate conditions for detention of unaccompanied alien 
                            children.
Sec. 204. Repatriated unaccompanied alien children.
Sec. 205. Establishing the age of an unaccompanied alien child.
Sec. 206. Effective date.
TITLE III--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM 
                              AND COUNSEL

Sec. 301. Right of unaccompanied children to guardians ad litem.
Sec. 302. Right of unaccompanied children to counsel.
Sec. 303. Effective date.
  TITLE IV--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

Sec. 401. Special immigrant juvenile visa.
Sec. 402. Training for officials who come into contact with alien 
                            children.
Sec. 403. Child status protection.
Sec. 404. Effective dates.
              TITLE V--CHILDREN REFUGEE AND ASYLUM SEEKERS

Sec. 501. Guidelines for Children's Asylum Claims.
Sec. 502. Exceptions for unaccompanied alien children in asylum and 
                            refugee-like circumstances.
Sec. 503. Unaccompanied refugee children.
                     TITLE VI--REPORTS TO CONGRESS

Sec. 601. General Accounting Office report.
               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

Sec. 701. Authorization of appropriations.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) recognize the special needs and circumstances 
        unaccompanied alien children encounter when navigating the 
        immigration system of the United States;
            (2) establish new governmental structures to ensure that 
        the United States Government meets the special needs of 
        unaccompanied alien children;
            (3) ensure that United States Government authorities hold 
        the best interests of the child paramount when making decisions 
        regarding an unaccompanied alien child;
            (4) establish Government policy in favor of family 
        reunification whenever possible and, when family reunification 
        is not possible, placement of unaccompanied alien children in 
        foster care with qualified, adult guardians or with voluntary 
        agencies, rather than placing such children in detention;
            (5) provide minimum standards for custody of unaccompanied 
        alien children;
            (6) ensure that unaccompanied alien children in immigration 
        proceedings have appointed counsel and guardians ad litem, and 
        that such counsel and guardians ad litem have access to the 
        child;
            (7) ensure that children awaiting adjudication of their 
        immigration status not ``age-out'' while awaiting processing by 
        the Service of their petitions and applications; and
            (8) strengthen opportunities for permanent protection of 
        such children for whom such protection is warranted.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Office.
            (2) Office.--The term ``Office'' means the Office of 
        Children's Services established by section 101.
            (3) Service.--The term ``Service'' means the Immigration 
        and Naturalization Service.
            (4) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' means a child who--
                    (A) has no lawful immigration status in the United 
                States;
                    (B) has not attained the age of 18; 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.
            (5) Voluntary agency.--The term ``voluntary agency'' means 
        a private, nonprofit voluntary agency with expertise in meeting 
        the legal, cultural, and psychological needs of unaccompanied 
        alien children.
    (b) Amendments to the Immigration and Nationality Act.--Section 
101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following 
new paragraphs:
    ``(50) The term `unaccompanied alien child' means a child who--
            ``(A) has no lawful immigration status in the United 
        States;
            ``(B) has not attained the age of 18; 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 able to provide care and physical custody.
    ``(51) The term `unaccompanied refugee children' means persons 
described in paragraph (42) who--
            ``(A) have not attained the age of 18; and
            ``(B) with respect to whom there are no parents or legal 
        guardians available to provide care and physical custody.''.

                      TITLE I--STRUCTURAL CHANGES

SEC. 101. ESTABLISHMENT OF THE OFFICE OF CHILDREN'S SERVICES.

    (a) Establishment.--
            (1) In general.--There is established within the Department 
        of Justice the Office of Children's Services. The Office shall 
        not be an office within the Immigration and Naturalization 
        Service.
            (2) Components.--The Office shall include such other 
        components, staff, and resources as the Attorney General may 
        determine necessary to carry out the purposes of this Act.
    (b) Responsibilities of Office.--Under the general authority of the 
Attorney General, the Office shall be responsible for coordinating and 
implementing law and policy for unaccompanied alien children who come 
into the custody of the Department of Justice.
    (c) Director of the Office of Children's Services.--
            (1) In general.--The Office shall be headed by a Director 
        of Children's Services, who shall be appointed by and report 
        directly to the Attorney General.
            (2) Compensation at level iv of executive schedule.--
        Section 5315 of title 5, United States Code, is amended by 
        adding at the end the following:
    ``Director of the Office of Children's Services, Department of 
Justice.''.
            (3) Duties.--The Director shall be responsible for--
                    (A) ensuring that the best interests of the child 
                are held paramount in any immigration proceeding or 
                action involving an unaccompanied alien child;
                    (B) making custody, release, and detention 
                determinations for all unaccompanied alien children 
                apprehended by the Attorney General or who otherwise 
                come into the custody of the Department of Justice (in 
                consultation with juvenile justice professionals, where 
                appropriate);
                    (C) implementing the custody, release, and 
                detention determinations made by the Office;
                    (D) implementing, in consultation with the 
                voluntary agencies, policies with respect to the care 
                and detention of unaccompanied alien children;
                    (E) chairing the Interagency Task Force on 
                Unaccompanied Alien Children established in section 
                103;
                    (F) identifying a sufficient number of qualified 
                persons, entities, and facilities to house 
                unaccompanied alien children in accordance with 
                sections 202 and 203;
                    (G) overseeing the persons, entities, and 
                facilities described in sections 202 and 203 to ensure 
                their compliance with such provisions;
                    (H) compiling, updating, and publishing on a 
                quarterly basis a State-by-State list of professionals 
                or other entities qualified to contract with the Office 
                to provide the services described in sections 301 and 
                302;
                    (I) maintaining statistical information and other 
                data on unaccompanied alien children in the Office's 
custody and care, and reporting quarterly to the Judiciary Committees 
of the House of Representatives and Senate on such data, including with 
respect to each unaccompanied alien child--
                            (i) biographical information such as the 
                        child's name, gender, date of birth, country of 
                        birth, and country of habitual residence;
                            (ii) the date on which the child came into 
                        the custody of the Department of Justice;
                            (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, an explanation relating to 
                        the detention; and
                            (v) information relating to the disposition 
                        of any actions in which the child is the 
                        subject;
                    (J) collecting and compiling statistical 
                information from the Service, including Border Patrol 
                and inspections officers, on the unaccompanied alien 
                children with whom they come into contact; and
                    (K) conducting investigations and inspections of 
                facilities and other entities in which unaccompanied 
                alien children reside.
            (4) Duties with respect to foster care.--In carrying out 
        the duties described in paragraph (3)(F), the Director shall 
        assess the extent to which the refugee children foster care 
        system utilized pursuant to section 412(d)(2) of the 
        Immigration and Nationality Act can feasibly be expanded for 
        the placement of unaccompanied alien children.
            (5) Powers.--In carrying out the duties specified in 
        paragraph (3), the Director shall have the power to--
                    (A) contract with service providers to perform the 
                services described in sections 202, 203, 301, and 302; 
                and
                    (B) compel compliance with the terms and conditions 
                set forth in section 203, including the power to 
                terminate the contracts of providers that are not in 
                compliance with such conditions and reassign any 
                unaccompanied alien child to a similar facility that is 
                in compliance with such section.
    (d) No Effect on INS, EOIR, and Department of State Adjudicatory 
Responsibilities.--Nothing  in this Act may be construed to transfer 
the responsibility for adjudicating benefit determinations under the 
Immigration and Nationality Act from the authority of any official of 
the Service, the Executive Office of Immigration Review of the 
Department of Justice, or the Department of State.

SEC. 102. ESTABLISHMENT OF INTERAGENCY TASK FORCE ON UNACCOMPANIED 
              ALIEN CHILDREN.

    (a) Establishment.--There is established an Interagency Task Force 
on Unaccompanied Alien Children.
    (b) Composition.--The Task Force shall consist of the following 
members:
            (1) The Deputy Attorney General.
            (2) The Commissioner of Immigration and Naturalization.
            (3) The Assistant Secretary of State for Population, 
        Refugees, and Migration.
            (4) The Director of the Office of Refugee Resettlement of 
        the Department of Health and Human Services.
            (5) The Director.
            (6) Such other officials in the executive branch of 
        Government as may be designated by the President.
    (c) Chairman.--The Task Force shall be chaired by the Deputy 
Attorney General.
    (d) Activities of the Task Force.--In consultation with 
nongovernmental organizations, the Task Force shall--
            (1) coordinate the implementation of this Act;
            (2) measure and evaluate the progress of the United States 
        in treating unaccompanied alien children in United States 
        custody; and
            (3) expand interagency procedures to collect and organize 
        data, including significant research and resource information 
        on the needs and treatment of unaccompanied alien children in 
        the custody of the United States Government.

SEC. 103. EFFECTIVE DATE.

    This title shall take effect 180 days after the date of enactment 
of this Act.

TITLE II--PAROLE, CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

SEC. 201. PAROLE AND CUSTODY OF UNACCOMPANIED ALIEN CHILDREN.

    (a) Parole of Unaccompanied Alien Children.--Notwithstanding 
section 241(a)(5) of the Immigration and Nationality Act, an 
unaccompanied alien child found in the United States shall, in 
accordance with sections 202 and 203 of this Act, be promptly paroled 
into the United States for urgent humanitarian reasons under section 
212(d)(5) of the Immigration and Nationality Act.
    (b) Custody of Unaccompanied Alien Children.--
            (1) Establishment of jurisdiction.--The custody of all 
        unaccompanied alien children, including responsibility for 
        their detention, where appropriate, shall be under the 
        jurisdiction of the Office.
            (2) Notification.--Upon apprehension of an unaccompanied 
        alien child, the Attorney General shall promptly notify the 
        Office.
            (3) Physical transfer of unaccompanied alien children.--Not 
        later than 72 hours after apprehension of an unaccompanied 
        alien child, the physical custody of such child shall be 
        transferred to the Office.

SEC. 202. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN CHILDREN WITH 
              RELATIVES IN THE UNITED STATES.

    (a) Placement Authority.--
            (1) Order of preference.--Subject to Attorney General's 
        discretion under paragraph 4 and Sec. 203(a)(2), an 
        unaccompanied alien child paroled into the United States under 
        section 201(a) shall be promptly placed with one of the 
        following individuals in the following order of preference:
                    (A) A parent.
                    (B) A legal guardian.
                    (C) An adult relative.
                    (D) An entity designated by the parent or legal 
                guardian that is capable and willing to care for the 
                child's well-being.
                    (E) A State-licensed juvenile shelter, group home, 
                or foster home willing to accept legal custody of the 
                child.
                    (F) An adult or entity seeking custody of the child 
                when it appears that there is no other likely 
                alternative to long-term detention and family 
                reunification does not appear to be a reasonable 
                alternative.
            (2) Home study.--Notwithstanding the provisions of 
        paragraph (1), no unaccompanied alien child shall be placed 
        with a person or entity unless a valid home-study conducted by 
        an agency of the State of the child's proposed residence, by an 
        agency authorized by that State to conduct such a study, or by 
        an appropriate voluntary agency contracted with the Office to 
        conduct such studies has found that the person or entity is 
        capable of providing for the child's physical and mental well-
        being.
            (3) Right of parent or legal guardian to custody of 
        unaccompanied alien child.--If an unaccompanied alien child is 
        placed with any person or entity other than a parent or legal 
        guardian, but subsequent to that placement a parent or legal 
        guardian seeks to establish custody, the Director shall assess 
        the suitability of placing the child with the parent or legal 
        guardian and shall make a written determination on the child's 
        placement within 30 days.
            (4) Protection from smugglers.--The Director shall take 
        steps to ensure that unaccompanied alien children are protected 
        from smugglers or others seeking to victimize or otherwise 
        engage such children in criminal, harmful, or exploitative 
        activity.
            (5) Grants and contracts.--The Director is authorized to 
        make grants to, and enter into contracts with, voluntary 
        agencies to carry out the provisions of this section.
            (6) Reimbursement of state expenses.--The Director is 
        authorized to reimburse States for any expenses they incur in 
        providing assistance to unaccompanied alien children who are 
        served pursuant to this Act.
    (b) Confidentiality.--All information relating to the immigration 
status of a person listed in subsection (a) shall remain confidential 
and may be used only for the purposes of determining such person's 
qualifications under subsection (a)(1).

SEC. 203. APPROPRIATE CONDITIONS FOR DETENTION OF UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Standards for Placement.--
            (1) Except as provided in paragraph (2), an unaccompanied 
        alien child shall not be placed in an adult detention facility 
        or a facility housing delinquent children.
            (2) An unaccompanied alien child who has exhibited a 
        pattern of violent or serious criminal behavior that endangers 
        himself or others may be detained in conditions appropriate to 
        the behavior in a facility appropriate for delinquent children.
            (3) In the case of a placement of a child with an entity 
        described in section 202(a)(1)(e), the entity must be licensed 
        by an appropriate State agency to provide residential, group, 
        child welfare, or foster care services for dependent children.
            (4) The conditions of such placements must be in keeping 
        with the bests interests of the child. At a minimum, the 
        Director shall develop standards for conditions of detention in 
        such placements that provide for--
                    (A) educational services appropriate to the child;
                    (B) medical care;
                    (C) mental health care, including treatment of 
                trauma;
                    (D) access to telephones;
                    (E) access to legal services;
                    (F) access to interpreters;
                    (G) supervision by professionals trained in the 
                care of children, taking into account the special 
                cultural, linguistic, and experiential needs of 
                children in immigration proceedings;
                    (H) recreational programs and activities;
                    (I) spiritual and religious needs; and
                    (J) dietary needs.
    (b) Prohibition of Certain Practices.--The Director shall develop 
procedures prohibiting the unreasonable use of--
            (1) shackling, handcuffing, or other restraints on 
        children;
            (2) solitary confinement; or
            (3) pat or strip searches.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to supersede procedures favoring release of children to 
appropriate adults or entities or placement in the least secure setting 
possible, as defined in the August 12, 1996, Stipulated Settlement 
Agreement under Flores v. Reno. The Director shall ensure that such 
practices are in accordance with this section to ensure that children 
are promptly placed with appropriate parties or placed in appropriate 
shelter or foster care in keeping with the best interests of the child.

SEC. 204. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

    (a) Assessment Before Repatriation.--No unaccompanied alien child 
may be repatriated to a country unless an appropriate voluntary agency 
has conducted an assessment of the country conditions and the Office 
has conducted an assessment of the suitability of the placement of the 
child to ensure that the child can be repatriated in a manner deemed 
appropriate for the child's well being.
    (b) Report on the Fate of Repatriated Unaccompanied Children.--
Beginning not later than 18 months after the date of enactment of this 
Act, and annually thereafter, the Director shall submit a report to the 
Judiciary Committees of the House of Representatives and Senate on the 
treatment of unaccompanied alien children ordered removed from the 
United States under section 240 of the Immigration and Nationality Act. 
Such report shall include at a minimum the following information:
            (1) The number of alien children ordered removed and the 
        number of alien children actually removed from the United 
        States;
            (2) The type of immigration relief sought and denied to 
        such alien children.
            (3) The nationalities, ages, and gender of such alien 
        children.
            (4) The procedures used to effect the removal of alien 
        children from the United States.
            (5) Steps taken to ensure that alien children removed to 
        their countries of origin are returned safely and humanely.

SEC. 205. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN CHILD.

    The Director shall develop procedures that permit the presentation 
and consideration of a variety of forms of evidence, including 
testimony of a child and other persons, to determine an unaccompanied 
alien child's age for purposes of placement, custody, parole, and 
detention. Such procedures shall allow the appeal of a determination to 
an immigration judge. Dental radiographs shall not be the sole means of 
determining age.

SEC. 206. EFFECTIVE DATE.

    This title shall become effective 180 days after the date of 
enactment of this Act. The provisions of this title shall apply to all 
unaccompanied children in the custody of the Department of Justice on 
or after the date of enactment of this Act.

TITLE III--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM 
                              AND COUNSEL

SEC. 301. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM.

    (a) Guardian Ad Litem.--
            (1) Appointment.--The Director shall appoint a guardian ad 
        litem who meets the qualifications described in paragraph (2) 
        for each unaccompanied alien child not later than 72 hours 
        after the Office assumes physical or constructive custody of 
        such child. The Director is encouraged, wherever practicable, 
        to contract with a voluntary agency for the selection of an 
        individual to be appointed as a guardian ad litem under this 
        paragraph.
            (2) Qualifications of guardian ad litem.--
                    (A) No person shall serve as a guardian ad litem 
                who is not--
                            (i) a child welfare professional or other 
                        individual who has received training in child 
                        welfare matters; and
                            (ii) possessing of special training on the 
                        nature of problems encountered by unaccompanied 
                        alien children.
                    (B) A guardian ad litem shall not be an employee of 
                the Service.
            (3) Duties.--The guardian ad litem shall--
                    (A) conduct interviews with the child in a manner 
                that is appropriate, taking into account the child's 
                age;
                    (B) investigate the facts and circumstances 
                relevant to such child's presence in the United States, 
                including facts and circumstances arising in the 
country of the child's nationality or last habitual residence and facts 
and circumstances arising subsequent to the child's departure from such 
country;
                    (C) develop recommendations on whether it is in the 
                child's best interests to voluntarily depart from the 
                United States or apply for relief from removal;
                    (D) develop recommendations on issues relative to 
                the child's custody, detention, and release;
                    (E) ensure that the child's best interests are 
                promoted while the child participates in, or is subject 
                to, proceedings or actions under the Immigration and 
                Nationality Act;
                    (F) ensure that the child understands such 
                determinations and proceedings; and
                    (G) report findings and recommendations to the 
                Director and to the Executive Office of Immigration 
                Review.
            (4) Termination of appointment.--The guardian ad litem 
        shall carry out the duties described in paragraph (3) until--
                    (A) they are completed,
                    (B) the child departs the United States,
                    (C) the child is granted permanent resident status 
                in the United States,
                    (D) the child attains the age of 18, or
                    (E) the child is placed in the custody of a parent 
                or legal guardian,
        whichever occurs first.
            (5) Powers.--The guardian ad litem--
                    (A) shall have reasonable access to the child at 
                all times, including while such child is being held in 
                detention or in the care of a foster family;
                    (B) shall be permitted to review all records and 
                information relating to such proceedings that are not 
                deemed privileged or classified;
                    (C) may seek independent evaluations of the child;
                    (D) shall be present at all hearings involving the 
                child that are held in connection with proceedings 
                under the Immigration and Nationality Act; and
                    (E) shall be permitted to consult with the child 
                during any hearing or interview involving such child.
    (b) Training.--The Director shall provide professional training for 
all persons serving as guardians ad litem under this section in the 
circumstances and conditions that unaccompanied alien children face as 
well as in the various immigration benefits for which such a child 
might be eligible.

SEC. 302. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO COUNSEL.

    (a) Access to Counsel.--The Director shall ensure that all 
unaccompanied alien children shall have counsel, including, if 
necessary, counsel appointed by the Director at the expense of the 
Government.
    (b) Appointment.--In appointing such counsel, the Director is 
encouraged, wherever practicable, to contract with legal service 
providers with expertise in meeting the legal needs of unaccompanied 
alien children in immigration proceedings.
    (c) Duties.--Counsel shall represent the unaccompanied alien child 
in all proceedings and actions relating to the child's immigration 
status or other actions involving the Service.
    (d) Access to Child.--Counsel shall have access to the 
unaccompanied alien child, including while the child is being held in 
detention or in the care of a foster family.
    (e) Termination of Appointment.--Counsel shall carry out the duties 
described in subsection (c) until--
            (1) they are completed,
            (2) the child departs the United States,
            (3) the child is granted withholding of removal under 
        section 241(b)(3) of the Immigration and Nationality Act,
            (4) the child is granted protection under the Convention 
        Against Torture,
            (5) the child is granted asylum in the United States under 
        section 208 of the Immigration and Nationality Act,
            (6) the child is granted permanent resident status in the 
        United States, or
            (7) the child attains 18 years of age,
        whichever occurs first.
    (f) Notice to Counsel During Immigration Proceedings.--
            (1) Except when otherwise required in an emergency 
        situation involving the physical safety of the child, counsel 
        shall be given prompt and adequate notice of all immigration 
        matters affecting or involving an unaccompanied alien child, 
        including adjudications, proceedings, and processing, before 
        such actions are taken.
            (2) An unaccompanied alien child may not give consent to 
        any immigration action, including consenting to voluntary 
        departure, unless first afforded an opportunity to consult with 
        counsel.
    (g) Access to Recommendations of Guardian Ad Litem.--Counsel shall 
be afforded an opportunity to review the recommendation by the guardian 
ad litem affecting or involving a client who is an unaccompanied alien 
child.

SEC. 303. EFFECTIVE DATE.

    This title shall become effective 180 days after the date of 
enactment of this Act. The provisions of this title shall apply to all 
unaccompanied children in the custody of the Department of Justice on, 
before, or after the date of enactment of this Act.

  TITLE IV--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

SEC. 401. SPECIAL IMMIGRANT JUVENILE VISA.

    (a) J Visa.--Section 101(a)(27)(J) (8 U.S.C. 1101(a)(27)(J)) is 
amended to read as follows:
            ``(J) an immigrant who is present in the United States--
                    ``(i) who has been declared dependent on a juvenile 
                court located in the United States or whom such a court 
                has legally committed to, or placed under the custody 
                of, a department or agency of a State, or an individual 
                or entity appointed by a State, and who has been deemed 
                eligible by that court for long-term foster care due to 
                abuse, neglect, or abandonment, or a similar basis 
                found under State law;
                    ``(ii) for whom it has been determined in 
                administrative or judicial proceedings that it would 
                not be in the alien's best interest to be returned to 
                the alien's or parent's previous country of nationality 
                or country of last habitual residence; and
                    ``(iii) for whom the Office of Children's Services 
                of the Department of Justice has certified to the 
                Commissioner that the classification of an alien as a 
                special immigrant under this subparagraph has not been 
                made solely to provide an immigration benefit to that 
                alien;
        except that no natural parent or prior adoptive parent of any 
        alien provided special immigrant status under this subparagraph 
        shall thereafter, by virtue of such parentage, be accorded any 
        right, privilege, or status under this Act;''.
    (b) Adjustment of Status.--Section 245(h)(2) (8 U.S.C. 1255(h)(2)) 
is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) paragraphs (1), (4), (5), (6), and (7)(A) of 
                section 212(a) shall not apply,'';
            (2) in subparagraph (B), by striking the period and 
        inserting ``, and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the Attorney General may waive paragraphs 
                (2)(A) and (2)(B) in the case of an offense which arose 
                as a consequence of the child being unaccompanied.''.
    (c) Transition Rule.--
            (1) In general.--An alien described in paragraph (2) who 
        files an application under section 101(a)(27)(J), as amended by 
        subsection (a), before the end of the period described in 
        paragraph (3) shall not be denied such visa solely on the basis 
        of the alien's age and state of emancipation at the time of 
        final adjudication of the application.
            (2) Criteria for transitional eligibility.--Paragraph (1) 
        shall apply to an alien who, on or after November 29, 1990, was 
        under the jurisdiction of State-licensed foster care and who--
                    (A) was a dependent of a juvenile court or other 
                court of competent jurisdiction on or after such date;
                    (B) was emancipated from such State foster care 
                system on or before the date of enactment of this Act; 
                and
                    (C) with respect to whom no application for a visa 
                under section 101(a)(27)(J) of the Immigration and 
                Nationality Act was filed prior to the date of 
                enactment of this Act.
            (3) Period of applicability.--No alien may apply for relief 
        under this section later than three years after the effective 
        date of this title or two years after the promulgation of any 
        regulation implementing this title, whichever is later.

SEC. 402. TRAINING FOR OFFICIALS WHO COME INTO CONTACT WITH 
              UNACCOMPANIED ALIEN CHILDREN.

    The Attorney General, acting jointly with the Secretary of Health 
and Human Services, shall provide training for State and county 
officials, such training to be available to child welfare specialists, 
teachers, public counsel, juvenile counsel, and juvenile judges who 
come into contact with unaccompanied alien children. The training shall 
provide education on the processes pertaining to unaccompanied alien 
children with pending immigration status and the available relief. The 
Director shall be responsible for establishing a core curriculum that 
can be incorporated into currently existing education, training, or 
orientation modules or formats that are currently used by these 
professionals.

SEC. 403. CHILD STATUS PROTECTION.

    (a) Immigrant Visa Issuance for Children Who Age-Out While Awaiting 
Processing of Immediate Relative Petitions.--Section 201(b)(2)(A) (8 
U.S.C. 1151(b)(2)(A)) is amended by adding at the end the following:
            ``(iii) In the case of an alien who is an unmarried child 
        of a citizen of the United States on, before, or after the date 
of enactment of this clause and who attains the age of 21 after the 
date on which a petition is filed with the Attorney General under 
section 204 to classify the alien as an immediate relative under this 
clause, such alien shall, for the purposes of this subsection, retain 
the legal status of child as defined in section 101(b)(2) of this Act, 
for the purposes of entitlement to obtaining an immigrant visa.
            ``(iv) In the case of an alien who was a child of a parent 
        lawfully admitted for permanent residence on the date on which 
        a petition was filed with the Attorney General under section 
        204 to classify the alien as an immigrant under subsection 
        203(a)(2)(A) and whose parent subsequently became a naturalized 
        citizen of the United States, such alien shall, for the 
        purposes of this subsection, retain the legal status of child 
        as defined in section 101(b)(2) of this Act, for the purposes 
        of entitlement to obtaining an immigrant visa, if the alien 
        remains unmarried.
            ``(v) In the case of an alien who was the married son or 
        daughter of a United States citizen on the date on which a 
        petition was filed with the Attorney General under section 204 
        to classify the alien as an immigrant under subsection 
        203(a)(3), who subsequently becomes unmarried, and who was 
        under 21 years of age on the date of the legal termination of 
        the alien's marriage, such alien shall retain the legal status 
        of child as defined in section 101(b)(2) of this Act, for the 
        purposes of entitlement to obtaining an immigrant visa, if the 
        alien remains unmarried.''.
    (c) Immigrant Visa Issuance for Children Who Age-Out While Awaiting 
Processing of Second Preference Petitions.--Section 203(a)(2) (8 U.S.C. 
1153(a)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) A child of an alien lawfully admitted for 
                permanent residence for whom a family-sponsored 
                immigrant petition has been approved by the Attorney 
                General and who has filed an application for an 
                immigrant visa or adjustment of status, pursuant to 
                such regulations as the Attorney General may prescribe 
                before attaining the age of 21, may retain the legal 
                status of a child, as defined in section 101(b)(1) of 
                this Act, for purposes of allocation of visas, even if 
                he or she attains the age of 21 prior to obtaining an 
                immigrant visa or adjustment of status, if the alien 
                remains unmarried.''.
    (d) Immigrant Visa Issuance for Children Who Age-Out While Awaiting 
Processing of Other Family-Based Preference, Employment, and Diversity 
Petitions.--Section 203(d) (8 U.S.C. 1153(d)) is amended to read as 
follows:
    ``(d) Treatment of Family Members.--
            ``(1) A spouse or child as defined in subparagraph (A), 
        (B), (C), (D), or (E) of section 101(b)(1) shall, if not 
        otherwise entitled to immigrant status and the immediate 
        issuance of a visa under subsection (a), (b), or (c), be 
        entitled to the same status, and the same order of 
        consideration provided in the respective subsection, if 
        accompanying or following to join, the spouse or parent.
            ``(2) A child who is accompanying or following to join his 
        or her parent under this section may retain the legal status of 
        child as defined in section 101(b)(2) of this Act, for purposes 
        of entitlement to the same immigrant status of his or her 
        parent, even if he or she attains the age of 21 prior to 
        obtaining an immigrant visa or adjustment of status if--
                    ``(A) the child remains unmarried; and,
                    ``(B) the immigrant visa application filed on 
                behalf of the child is filed prior to the child's 21st 
                birthday.''.
    (e)(1) Notwithstanding any other provision of law, an alien child 
who is accompanying or following to join his or her parent under any of 
the provisions of law specified in paragraph (2) may retain the legal 
status of child, as defined in section 101(b)(2) of the Immigration and 
Nationality Act, for purposes of entitlement to the same status of his 
or her parent, even if he or she attains the age of 21 prior to 
obtaining approval for status if--
            (A) the child remains unmarried; and
            (B) the application for such status was filed on behalf of 
        the child prior to the child's 21st birthday.
    (2) The provisions of law specified in this paragraph are the 
following:
            (A) Section 101(a)(27)(J) of the Immigration and 
        Nationality Act.
            (B) Section 208 of such Act.
            (C) The Nicaraguan and Central American Relief Act (as 
        contained in Public Law 105-100; 8 U.S.C. 1255 note).
            (D) The Haitian Refugee Immigration Fairness Act of 1998 
        (as added by section 101(h) of division A of Public Law 105-
        277; 8 U.S.C. 1255 note).

SEC. 404. EFFECTIVE DATES.

    (a) The amendment made by section 401 shall apply to all eligible 
children who were in the United States before, on, or after the date of 
enactment of this Act.
    (b) The amendments made by section 403 shall apply to all 
applications and petitions filed before, on, or after the date of 
enactment of this Act.

              TITLE V--CHILDREN REFUGEE AND ASYLUM SEEKERS

SEC. 501. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

    (a) Sense of Congress.--Congress commends the Service for its 
issuance of its ``Guidelines for Children's Asylum Claims'', dated 
December 1998, and encourages and supports the Service's implementation 
of such guidelines in an effort to facilitate the handling of 
children's asylum claims. Congress calls upon the Executive Office for 
Immigration Review of the Department of Justice to adopt the 
``Guidelines for Children's Asylum Claims'' in its handling of 
children's asylum claims before immigration judges and the Board of 
Immigration Appeals.
    (b) Training.--The Attorney General shall provide at least annually 
comprehensive training under the  ``Guidelines for Children's Asylum 
Claims'' to asylum officers, immigration judges, members of the Board 
of Immigration Appeals, and immigration officers who have contact with 
children in order to familiarize and sensitize such officers to the 
needs of children asylum seekers. Voluntary agencies shall be allowed 
to assist in such training.

SEC. 502. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN ASYLUM AND 
              REFUGEE-LIKE CIRCUMSTANCES.

    (a) Exception From Expedited Removal.--Section 235(b)(1)(F) (8 
U.S.C. 1225(b)(1)(F)) is amended by striking ``an alien'' and inserting 
``unaccompanied alien child or an alien''.
    (b) Exception From Time Limit for Filing Asylum Application.--
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Subparagraphs (A) and (B) shall not apply to 
                an unaccompanied alien child.''.

SEC. 503. UNACCOMPANIED REFUGEE CHILDREN.

    (a) Identifying Unaccompanied Refugee Children.--Section 207(e) (8 
U.S.C. 1157(e)) is amended--
            (1) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) An analysis of the worldwide situation faced by 
        unaccompanied refugee children, by region. Such analysis shall 
        include an assessment of--
                    ``(A) the number of unaccompanied refugee children, 
                by region;
                    ``(B) the capacity of the Department of State to 
                identify such refugees;
                    ``(C) the capacity of the international community 
                to care for and protect such refugees;
                    ``(D) the capacity of the voluntary agency 
                community to resettle such refugees in the United 
                States;
                    ``(E) the degree to which the United States plans 
                to resettle such refugees in the United States in the 
                coming fiscal year; and
                    ``(F) the fate that will befall such unaccompanied 
                refugee children for whom resettlement in the United 
                States is not possible.''.
    (b) Training on the Needs of Unaccompanied Refugee Children.--
Section 207(f)(2) (8 U.S.C. 1157(f)(2)) is amended by--
            (1) striking ``and'' after ``countries,''; and
            (2) inserting before the period at the end the following: 
        ``, and instruction on the needs of unaccompanied refugee 
        children''.

                     TITLE VI--REPORTS TO CONGRESS

SEC. 601. GENERAL ACCOUNTING OFFICE REPORT.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
the Judiciary Committees of the Senate and House of Representatives 
concerning the implementation of this Act. Such report shall assess the 
effectiveness of the Office in meeting the purposes of the Act, and 
shall specifically include--
            (1) the elements described in the report found in section 
        101(c)(3)(I);
            (2) the elements of the report described in section 204; 
        and
            (3) the analysis described in section 207(e)(3) of the 
        Immigration and Nationality Act, as added by section 503(a)(2) 
        of this Act.

               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this Act.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.
                                 <all>
```