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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3729 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3729

To provide for enhanced protections for vulnerable unaccompanied alien 
                   children, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2019

Ms. Roybal-Allard introduced the following bill; which was referred to 
 the Committee on the Judiciary, and in addition to the Committees on 
Homeland Security, Appropriations, and Foreign Affairs, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To provide for enhanced protections for vulnerable 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.

    This Act may be cited as the ``Child Trafficking Victims Protection 
and Welfare Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Apprehended parent or legal guardian.--The term 
        ``apprehended parent or legal guardian'' means an individual 
        who is--
                    (A) the parent or legal guardian of a child; and
                    (B) apprehended by the Secretary of Homeland 
                Security or the personnel of a cooperating entity.
            (2) Border.--The term ``border'' means an international 
        border of the United States.
            (3) Child.--The term ``child'' means an individual who--
                    (A) has not reached the age of 18 years; and
                    (B) has no permanent immigration status in the 
                United States.
            (4) Child welfare professional.--The term ``child welfare 
        professional'' means an individual who--
                    (A) is licensed in social work by the State welfare 
                agency, and, if applicable, country welfare agency, of 
                the State and county in which is located the port of 
                entry or Border Patrol station at which such individual 
                is available pursuant to section 3;
                    (B) has direct experience working with children; 
                and
                    (C) is proficient in 1 or more of the most common 
                languages spoken by children apprehended at the border 
                concerned.
            (5) Cooperating entity.--The term ``cooperating entity'' 
        means a State or local entity acting pursuant to an agreement 
        with the Secretary of Homeland Security.
            (6) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (7) Expert in child development.--The term ``expert in 
        child development'' means an individual who has significant 
        education and expertise on infant, child, and adolescent 
        development, and on the effects of trauma on children.
            (8) Expert in child welfare.--The term ``expert in child 
        welfare'' means an individual who has--
                    (A) knowledge of Federal and State child welfare 
                laws and standards; and
                    (B) not less than fifteen years of experience in 
                the field of child and adolescent development or child 
                welfare.
            (9) Expert in pediatric medicine.--The term ``expert in 
        pediatric medicine'' means--
                    (A) an individual qualified to practice pediatric 
                medicine in 1 or more States; or
                    (B) an individual with an advanced degree in 
                pediatric medicine on the faculty of an institution of 
                higher education in the United States.
            (10) Migration deterrence program.--The term ``migration 
        deterrence program'' means an action relating to the 
        repatriation or referral for prosecution of 1 or more 
        individuals apprehended by the Secretary of Homeland Security 
        or a cooperating entity for a suspected or confirmed violation 
        of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
            (11) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given the term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 3. CHILD WELFARE AT THE BORDER.

    (a) Guidelines.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services, experts 
in child development, experts in child welfare, experts in pediatric 
medicine, and the American Bar Association Center on Children and the 
Law, shall develop guidelines for the treatment of children in the 
custody of U.S. Customs and Border Protection by all personnel who come 
into contact with such children in the relevant legal authorities, 
policies, practices, and procedures pertaining to this vulnerable 
population.
    (b) Mandatory Training.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services, shall--
            (1) require all U.S. Customs and Border Protection 
        personnel, and cooperating entity personnel, who have contact 
        with a child at a port of entry or Border Patrol station to 
        undergo appropriate training, which shall include live 
        training, on the applicable legal authorities, policies, 
        practices, and procedures relating to children; and
            (2) require U.S. Customs and Border personnel to undertake 
        periodic and continuing training on best practices and changes 
        in relevant legal authorities, policies, and procedures 
        applicable in connection with subsection (a) and paragraph (1).
    (c) Qualified Resources.--
            (1) In general.--In accordance with subsection (d), the 
        Secretary of Homeland Security shall provide resources and 
        staff, including child welfare professionals, who are 
        adequately trained and qualified to address the needs of 
        children at each port of entry and Border Patrol station.
            (2) Sufficient staffing.--The Secretary of Homeland 
        Security shall ensure that sufficient qualified child welfare 
        professionals and qualified experts in pediatric medicine are 
        available at each port of entry and Border Patrol station to 
        accomplish the duties described in this section without 
        prolonging the time children and apprehended parents and legal 
        guardians remain in the custody of U.S. Customs and Border 
        Protection.
            (3) Child welfare professionals.--The Secretary of Homeland 
        Security, in consultation with the Secretary of Health and 
        Human Services, shall hire, or seek to enter into contracts 
        with, independent child welfare professionals in order to do 
        the following:
                    (A) To provide child welfare expertise on-site on a 
                full-time basis at any port of entry or Border Patrol 
                station that has had not fewer than 25 children in 
                custody--
                            (i) on any day during the preceding fiscal 
                        year; or
                            (ii) during the current fiscal year, based 
                        on a review of monthly statistical reports 
                        during the current fiscal year.
                    (B) To provide child welfare expertise by telephone 
                on an on-call basis to U.S. Customs and Border 
                Protection staff in any port of entry or Border Patrol 
                station that is not described in subparagraph (A).
                    (C) With respect to a port of entry or Border 
                Patrol station that is described in subparagraph (A) 
                but is without on-site expertise as required by such 
                subparagraph during a period of not more than 90 days 
                in which the Secretary of Homeland Security, in 
                consultation with the Secretary of Health and Human 
                Services, is in the process of hiring or seeking to 
                enter into a contract with an onsite independent child 
                welfare professional, to provide child welfare 
                expertise by telephone on an on-call basis to U.S. 
                Customs and Border Protection staff.
    (d) Child Welfare Professionals and Experts in Pediatric 
Medicine.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Health and Human Services, 
        shall ensure that 1 or more qualified child welfare 
        professionals with expertise in culturally competent, trauma-
        centered, and developmentally appropriate interviewing skills 
        and 1 or more qualified experts in pediatric medicine is 
        available at each port of entry and Border Patrol station.
            (2) Medical assessments.--Any medical assessment of a child 
        in the custody of U.S. Customs and Border Protection shall be 
        done in consultation with an expert in pediatric medicine 
        described in paragraph (1).
            (3) Interpreter required.--In a case in which a child 
        welfare professional or an expert in pediatric medicine at a 
        port of entry or Border Patrol station does not speak the 
        language of a child in custody at such port of entry or 
        station, the Secretary of Homeland Security shall provide an 
        interpreter.
            (4) Duties.--Child welfare professionals described in 
        paragraph (1) shall--
                    (A) ensure that--
                            (i) any allegation of abuse or mistreatment 
                        of a child in the custody of U.S. Customs and 
                        Border Protection is referred to the 
                        appropriate Federal and State authorities; and
                            (ii) the Commissioner of U.S. Customs and 
                        Border Protection and the Director of the 
                        Office of Refugee Resettlement comply with 
                        applicable child abuse reporting laws, 
                        including by--
                                    (I) ensuring that children in such 
                                custody have access to applicable 
                                complaint mechanisms to report abuse or 
                                misconduct;
                                    (II) reporting any allegation of 
                                abuse or mistreatment to--
                                            (aa) the applicable Federal 
                                        and State authorities;
                                            (bb) the Office of 
                                        Inspector General of the 
                                        Department;
                                            (cc) the Office for Civil 
                                        Rights and Civil Liberties of 
                                        the Department;
                                            (dd) the Internal Affairs 
                                        Office of U.S. Customs and 
                                        Border Protection; and
                                            (ee) the Office of Refugee 
                                        Resettlement;
                                    (III) providing notice to federally 
                                subcontracted legal service providers 
                                in the applicable geographical area 
                                with respect to any child in such 
                                custody who has made an allegation of 
                                abuse or mistreatment; and
                                    (IV) directing the legal service 
                                providers described in subclause (III) 
                                to relevant information relating to the 
                                availability of immigration and 
                                administrative relief for individuals 
                                with pending civil rights complaints;
                    (B) conduct screening of each child in such custody 
                in accordance with section 235(a)(4) of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4));
                    (C) with respect to a child who may meet the 
                notification and transfer requirements under 
                subsections (a) and (b) of section 235 of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232), including 
                a child for whom a determination cannot be made, notify 
                the Secretary of Homeland Security and the Director of 
                the Office of Refugee Resettlement of the presence of 
                such child at the port of entry or Border Patrol 
                station;
                    (D) provide to the Director of U.S. Immigration and 
                Customs Enforcement a best interest placement 
                recommendation for each accompanied child and family 
                that--
                            (i) considers--
                                    (I) the best interests of the 
                                child; and
                                    (II) applicable law; and
                            (ii) favors a policy of release;
                    (E) interview any adult relative accompanying a 
                child, including siblings, grandparents, aunts, uncles, 
                and cousins;
                    (F) for each unaccompanied alien child in such 
                custody, provide to the Director of the Office of 
                Refugee Resettlement--
                            (i) an initial family relationship and 
                        trafficking assessment, which shall be 
                        conducted in accordance with the timeframe 
                        under subsections (a)(4) and (b)(3) of section 
                        235 of the William Wilberforce Trafficking 
                        Victims Protection Reauthorization Act of 2008 
                        (8 U.S.C. 1232); and
                            (ii) recommendations for the initial 
                        placement of the child;
                    (G) pursuant to procedures developed by the 
                Secretary of Homeland Security, maintain the best 
                interests of children in any migration deterrence 
                program for family units carried out at a border, 
                including by--
                            (i) inquiring whether a child is traveling 
                        with a parent, sibling, legal guardian, or 
                        another family member, including a grandparent, 
                        aunt, uncle, or cousin;
                            (ii) ascertaining whether the detention or 
                        removal from the United States of an 
                        apprehended parent or legal guardian of a child 
                        presents a humanitarian concern or a concern 
                        relating to the physical safety of the 
                        apprehended parent or legal guardian;
                            (iii) in the case of a family separation, 
                        ensuring that--
                                    (I) each member of the family is 
                                provided with a telephone number for 
                                each other member of the family;
                                    (II) the apprehended parent or 
                                legal guardian is afforded the 
                                opportunity to speak with the child of 
                                the apprehended parent or legal 
                                guardian not fewer than 3 times weekly, 
                                including not fewer than 1 video 
                                conference;
                                    (III) for each child of the 
                                apprehended parent or legal guardian, 
                                the apprehended parent or legal 
                                guardian--
                                            (aa) knows--

                                                    (AA) the location 
                                                of the child; and

                                                    (BB) the date and 
                                                location of each 
                                                scheduled immigration 
                                                court proceeding of the 
                                                child; and

                                            (bb) is provided with 
                                        updated information if the 
                                        location of the child or a 
                                        scheduled immigration court 
                                        proceeding of the child 
                                        changes;
                                    (IV) the location and contact 
                                information for the apprehended parent 
                                or legal guardian is maintained on 
                                file;
                                    (V) each child has the opportunity 
                                to say goodbye to the apprehended 
                                parent or legal guardian prior to 
                                separation; and
                                    (VI) with respect to the health of 
                                the child, the apprehended parent or 
                                legal guardian--
                                            (aa) can communicate known 
                                        medical illness and medical 
                                        history to Department of 
                                        Homeland Security staff prior 
                                        to separation; and
                                            (bb) is made aware of 
                                        medical treatment administered 
                                        to the child while in the care 
                                        of the Office of Refugee 
                                        resettlement, including the use 
                                        of psychotropic drugs; and
                            (iv) ensuring that, with respect to a 
                        decision relating to the removal from the 
                        United States or referral for prosecution of an 
                        apprehended parent or legal guardian--
                                    (I) consideration is given to--
                                            (aa) the best interests of 
                                        the child of the apprehended 
                                        parent or legal guardian;
                                            (bb) family unity, to the 
                                        maximum extent possible; and
                                            (cc) any other public 
                                        interest factor, including a 
                                        humanitarian concern and a 
                                        concern relating to the 
                                        physical safety of the 
                                        apprehended parent or legal 
                                        guardian; and
                                    (II) the apprehended parent or 
                                legal guardian and the child have 
                                access to legal counsel; and
                    (H) coordinate with the Consulate of Mexico to 
                ensure the safe repatriation of any child who is a 
                citizen of Mexico.
            (5) Preservation of confidentiality.--Each child welfare 
        professional shall maintain the privacy and confidentiality of 
        all information gathered in the course of providing care, 
        custody, placement, and follow-up services to a child pursuant 
        to this subsection, consistent with the best interest of the 
        child, by not disclosing such information to other Federal 
        agencies or nonparental third parties unless such disclosure--
                    (A) is in the best interest of the child;
                    (B) is in writing;
                    (C) includes an explanation of the justification 
                for the disclosure;
                    (D) is included in the file of the child; and
                    (E) is either--
                            (i) authorized by the child or an approved 
                        sponsor of the child, in accordance with 
                        section 235 of the William Wilberforce 
                        Trafficking Victims Protection Reauthorization 
                        Act of 2008 (8 U.S.C. 1232) and the Health 
                        Insurance Portability and Accountability Act 
                        (Public Law 104-191; 110 Stat. 1936); or
                            (ii) provided to a duly recognized law 
                        enforcement entity to prevent imminent and 
                        serious harm to another individual.
    (e) Prohibition on Separation.--The Secretary of Homeland Security 
may not remove a child from a parent or legal guardian solely for a 
purpose as follows:
            (1) The purpose of furthering the policy objective of 
        deterring individuals from migrating to the United States.
            (2) The purpose of furthering the policy objective of 
        promoting compliance with the immigration laws.
    (f) Family Unit Tracking Number.--
            (1) In general.--The Secretary of Homeland Security shall 
        assign a family unit tracking number to each member of an 
        apprehended family unit, including--
                    (A) an apprehended spouse;
                    (B) an apprehended parent or legal guardian;
                    (C) a child of an apprehended parent or legal 
                guardian; and
                    (D) a sibling group.
            (2) Requirements.--The Secretary of Homeland Security shall 
        ensure that a family unit tracking number--
                    (A) is transferrable;
                    (B) may be shared easily among the data systems 
                of--
                            (i) U.S. Customs and Border Protection;
                            (ii) U.S. Immigration and Customs 
                        Enforcement; and
                            (iii) the Office of Refugee Resettlement; 
                        and
                    (C) is included on the paperwork of each member of 
                an apprehended family unit and is not deleted or 
                altered.
    (g) Monitoring.--The Secretary of Homeland Security shall--
            (1) allow nongovernmental organizations and State and local 
        child welfare agencies in the jurisdiction in which an 
        apprehended child is located to conduct at least 1 unannounced, 
        independent inspection each month of any Department facility 
        that houses 1 or more children; and
            (2) in consultation with 1 or more child welfare 
        professionals and 1 or more experts in pediatric medicine, 
        develop procedures to provide nongovernmental organizations 
        regular, full access to any facility in which 1 or more 
        children is housed for the purpose of human rights monitoring.
    (h) Report.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, and every fiscal quarter thereafter, the 
        Secretary of Homeland Security shall submit to the Committee on 
        the Judiciary, the Committee on Homeland Security and 
        Governmental Affairs, and the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on the 
        Judiciary, the Committee on Oversight and Reform, and the 
        Committee on Education and Labor of the House of 
        Representatives a report that, for the preceding fiscal 
        quarter--
                    (A) describes the procedures used by child welfare 
                professionals under this section to screen 
                unaccompanied alien children and children accompanied 
                by a parent or legal guardian;
                    (B) assesses the effectiveness of such screenings;
                    (C) includes data on all children screened by child 
                welfare professionals under this section, including--
                            (i) the number and location of children in 
                        the physical custody of the Department;
                            (ii) the number of children transferred to 
                        the custody of the Secretary of Health and 
                        Human Services;
                            (iii) the number of children apprehended 
                        together with a parent or legal guardian;
                            (iv) the number of children separated from 
                        a parent or legal guardian by the Department 
                        and the reason for such separation; and
                            (v) the number of children removed from the 
                        United States and the countries of nationality 
                        of such children; and
                    (D) includes documentation of--
                            (i) compliance with the guidelines 
                        developed pursuant to this section;
                            (ii) instances of noncompliance with such 
                        guidelines; and
                            (iii) actions taken to correct 
                        noncompliance with such guidelines.
            (2) Limitation.--The data under paragraph (1)(C) shall not 
        include the personally identifiable information of any child.
    (i) Immediate Notification.--To effectively and efficiently 
coordinate the transfer and placement of a child with the Director of 
the Office of Refugee Resettlement, the Secretary of Homeland Security 
shall notify the Director of the Office of Refugee Resettlement with 
respect to a child in the custody of the Secretary as soon as 
practicable, but not later than 48 hours after the time at which the 
Secretary encounters the child.
    (j) Standards of Care for Short-Term Custody of Children.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security, in 
        consultation with the head of the Office for Civil Rights and 
        Civil Liberties of the Department, shall promulgate regulations 
        establishing basic standards of care for the short-term custody 
        of children by U.S. Customs and Border Protection.
            (2) Requirements.--The regulations promulgated pursuant to 
        paragraph (1) shall ensure that all children in the custody of 
        U.S. Customs and Border Protection, while in such custody--
                    (A) receive emergency medical care when necessary;
                    (B) receive emergency medical and mental health 
                care in compliance with section 8(c) of the Prison Rape 
                Elimination Act of 2003 (42 U.S.C. 15607(c)), as 
                necessary, including in any case in which a child is at 
                risk of harming himself or herself or others;
                    (C) are provided--
                            (i) continual access to potable water;
                            (ii) a climate-appropriate environment;
                            (iii) climate-appropriate clothing and 
                        shoes;
                            (iv) access to bathroom facilities and 
                        hygiene items, including soap, feminine hygiene 
                        products, toothpaste, toothbrushes and towels, 
                        and, in the case of any child in such custody 
                        for more than 24 hours, showers;
                            (v) a pillow, linens, and sufficient 
                        blankets to rest at a comfortable temperature;
                            (vi) in the case of any child in such 
                        custody for more than 12 hours, access to a bed 
                        and adequate bedding; and
                            (vii) a location to sleep with lights 
                        dimmed;
                    (D) both--
                            (i) are offered food at the time at which 
                        the Commissioner of U.S. Customs and Border 
                        Protection obtains custody of the child; and
                            (ii) receive adequate nutrition, including 
                        not fewer than 3 daily meals that include 
                        fruits or vegetables;
                    (E) have a safe and sanitary living environment;
                    (F) in the case of any child in such custody for 
                more than 24 hours, have access to daily recreational 
                programs and activities, including access to 
                recreational time outdoors;
                    (G) have regular access to legal services and 
                consular officials in person and telephonically; and
                    (H) are permitted to make supervised video 
                conference calls, if available, and supervised phone 
                calls to family members.
    (k) Ensuring Children Have Access to Legal Rights.--
            (1) In general.--The Secretary of Homeland Security shall 
        ensure that each child, on apprehension, is provided--
                    (A) an interview and screening with a child welfare 
                professional as described in subsection (d); and
                    (B) a video orientation and oral and written 
                notice, in a language understood by the child, of the 
                rights of the child under the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.), including--
                            (i) the right to relief from removal;
                            (ii) the right to--
                                    (I) confer with counsel under 
                                section 292 of such Act (8 U.S.C. 
                                1362); and
                                    (II) have access to family or 
                                friends while in the temporary custody 
                                of the Department; and
                            (iii) the applicable complaint mechanism to 
                        report any abuse, mistreatment, or misconduct.
            (2) Languages.--The Secretary of Homeland Security shall 
        ensure that, at each location at which 1 or more children are 
        held in custody, the video orientation described in paragraph 
        (1)(B) is available in English and the 5 most common native 
        languages spoken by children held in custody at that location 
        during the preceding fiscal year.
            (3) Access to legal counsel.--The Secretary of Homeland 
        Security shall ensure that each apprehended parent or legal 
        guardian and each child is provided access to 1 or more 
        nongovernmental organizations that provide legal assistance.
    (l) Child Protection Policies.--With respect to children, the 
Secretary of Homeland Security shall adopt fundamental child protection 
policies and procedures--
            (1) to make reliable age determinations, developed in 
        consultation with experts in the physiological, cognitive, and 
        emotional development of children and experts in pediatric 
        medicine, which shall exclude the use of fallible forensic 
        testing of the bones and teeth of children;
            (2) to utilize all legal authorities to defer the child's 
        removal from the United States of a child who faces a risk of 
        life-threatening harm on return, including harm due to the 
        mental health or medical condition of the child; and
            (3) to ensure, in accordance with the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), 
        that a child in custody of the Secretary of Homeland Security 
        is separated physically, and by sight and sound, from any--
                    (A) immigration detainee or inmate with a criminal 
                conviction;
                    (B) pretrial inmate facing criminal prosecution; 
                and
                    (C) inmate exhibiting violent behavior.
    (m) Preservation of Records.--The Secretary of Homeland Security 
shall preserve all records associated with children in the custody of 
U.S. Customs and Border Protection, including records as follows:
            (1) Records containing information on the identity of any 
        child, and, if accompanied by any family member, on the 
        identity of such family member.
            (2) Records associated with reported incidents of abuse of 
        children while in custody.
    (n) Transfer of Funds.--
            (1) Authorization.--The Secretary of Homeland Security, in 
        accordance with a written agreement between the Secretary of 
        Homeland Security and the Secretary of Health and Human 
        Services, to the extent and in such amounts as are provided in 
        advance in appropriations Acts, shall transfer from amounts 
        appropriated for U.S. Customs and Border Protection to the 
        Department of Health and Human Services such amounts as may be 
        necessary to carry out the duties described in subsections (c) 
        and (d)(3).
            (2) Report.--Not later than 15 days before the date of any 
        proposed transfer under paragraph (1), the Secretary of Health 
        and Human Services, in consultation with the Secretary of 
        Homeland Security, shall submit to the Committee on 
        Appropriations of the Senate and the Committee on 
        Appropriations of the House of Representatives a detailed 
        expenditure plan that describes the actions proposed to be 
        taken with the amounts transferred under such paragraph.
    (o) Repatriation and Reintegration Program.--
            (1) Repatriation and reintegration.--The Administrator of 
        the Agency for International Development, in consultation with 
        the Secretary of Homeland Security, the Secretary of Health and 
        Human Services, the Attorney General, international 
        organizations, and nongovernmental organizations in the United 
        States with expertise in repatriation and reintegration and 
        children, shall establish policies, procedures, and programs in 
        the United States and the country of nationality or last 
        habitual residence of unaccompanied alien children to support 
        the safe and sustainable repatriation and reintegration of 
        unaccompanied alien children into such country, including 
        placement with the families, legal guardians, or other 
        sponsoring agencies of such children.
            (2) Scope.--The process described in paragraph (2) shall 
        include--
                    (A) an opportunity for the child to consult with an 
                attorney or legal representative, to pursue all 
                potential claims for relief available, and to seek all 
                available avenues of appeal prior to seeking 
                repatriation;
                    (B) a process for identifying the needs of a child, 
                including the expressed needs of a child, prior to the 
                child's repatriation, which needs shall be addressed by 
                each agency that maintains custody of the child;
                    (C) the creation of partnerships with community-
                based organizations that are linguistically and 
                culturally competent;
                    (D) inclusion of the family unit in the process to 
                help the child reintegrate;
                    (E) consultation with child welfare advocates and 
                caseworkers throughout the child's return to the 
                child's country of nationality or of last habitual 
                residence;
                    (F) coordination between the caseworkers and child 
                protection agency authorities of the Office of Refugee 
                Resettlement of the Department of Health and Human 
                Services in the country of origin to ensure 
                communication about medical, mental health, and other 
                special needs at the time of return to the child's 
                country of nationality or of last habitual residence;
                    (G) the provision of a wide variety of services 
                that support the child's development in the location 
                where the child is repatriated, including access to 
                school, scholarships, and vocational and skills 
                training and apprenticeship opportunities, community 
                programs, and mental and physical health services;
                    (H) procedures that outline safe repatriation to 
                ensure children are not returned under harmful or 
                unsafe circumstances such as during nighttime hours or 
                at times or locations of significant unrest;
                    (I) procedures for when discretion should be 
                exercised by officials maintaining custody of a child 
                when it is not in the child's best interest to be 
                returned to the child's country of nationality or of 
                last habitual residence;
                    (J) special considerations to address the 
                particular needs of returning girls, child survivors of 
                sexual and gender-based violence, tender-aged children, 
                or other vulnerable children;
                    (K) consultation with the Office of Refugee 
                Resettlement of the Department of Health and Human 
                Services to ensure staff, children, and parents are 
                notified of the child's departure from the United 
                States at least 5 days prior to the departure date;
                    (L) procedures to assist parents with the cost and 
                logistics of travel to reception centers to reunify 
                with children; and
                    (M) sufficient consultation with consular offices 
                prior to the child's departure.
            (3) Report on repatriation and reintegration of 
        unaccompanied alien children.--Not later than 18 months after 
        the date of the enactment of this Act, and annually thereafter, 
        the Secretary of State and the Secretary of Health and Human 
        Services, in consultation with the Secretary of Homeland 
        Security, shall submit to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives annual reports on efforts to improve 
        repatriation programs for unaccompanied alien children.
            (4) Sense of congress.--It is the sense of Congress that--
                    (A) the guidelines established pursuant to this 
                section should not be used to deport or repatriate 
                children who otherwise qualify for protection in the 
                United States, including those who qualify for special 
                immigrant juvenile status;
                    (B) children should have an opportunity to consult 
                with an attorney and should have access to all 
                potential avenues for relief and for appeal prior to 
                repatriation;
                    (C) the guidelines established pursuant to this 
                section are not used to support a migrant deterrence 
                program;
                    (D) officials from the Department of Homeland 
                Security, Department of Health and Human Services, and 
                Department of Justice should not use the guidelines 
                established pursuant to this section to coerce migrant 
                children into repatriation; and
                    (E) under the William Wilberforce Trafficking 
                Victims Protection Reauthorization Act of 2008, the 
                Secretary of Homeland Security should consult the 
                Country Reports on Human Rights Practices and the 
                Trafficking in Persons Report of the Department of 
                State in assessing whether to repatriate an 
                unaccompanied child to a particular country.

SEC. 4. SAVINGS PROVISIONS.

    (a) Federal Law.--Nothing in this Act may be construed to supersede 
or modify--
            (1) the William Wilberforce Trafficking Victims Protection 
        Act of 2008 (8 U.S.C. 1232 et seq.);
            (2) the Stipulated Settlement Agreement filed in the United 
        States District Court for the Central District of California on 
        January 17, 1997 (CV 85-4544-RJK) (commonly known as the 
        ``Flores Settlement Agreement'');
            (3) the Homeland Security Act of 2002 (6 U.S.C. 101 et 
        seq.); or
            (4) any applicable Federal child welfare law, including the 
        Adoption and Safe Families Act of 1997 (Public Law 105-89).
    (b) State Law.--Nothing in this Act may be construed to supersede 
or modify any applicable State child welfare laws.
                                 <all>
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