I 
117TH CONGRESS 
2D SESSION 
H. R. 8349 
To provide protections for children in immigration custody, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2022 
Ms. BASS (for herself, Ms. NORTON, Mr. JOHNSON of Georgia, Ms. JACKSON 
LEE, 
Ms. 
BARRAGA´N, 
Mrs. 
CHERFILUS-MCCORMICK, 
Mr. 
KRISHNAMOORTHI, Mr. MCGOVERN, Mr. ESPAILLAT, Mr. VARGAS, Mr. 
SAN NICOLAS, and Mrs. CAROLYN B. MALONEY of New York) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Homeland Security, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide protections for children in immigration custody, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Children’s Safe Welcome Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—PROCEDURES AND TEMPORARY PLACEMENTS 
FOLLOWING APPREHENSION 
Sec. 101. Prohibition on family separation. 
Sec. 102. Protections for noncitizen children. 
Sec. 103. Nonadversarial asylum processing for noncitizen children. 
Sec. 104. Standards for U.S. Customs and Border Protection detention of non-
citizen children. 
Sec. 105. Standards for U.S. Customs and Border Protection facilities housing 
noncitizen children. 
Sec. 106. Modification of term ‘‘asylum officer’’ To exclude officers of U.S. 
Customs and Border Protection. 
TITLE II—STANDARDS FOR DEPARTMENT OF HEALTH AND 
HUMAN SERVICES CUSTODY OF UNACCOMPANIED NONCITIZEN 
CHILDREN 
Subtitle A—Standards for Foster Care Homes and Childcare Facilities 
Sec. 201. Operation of foster care homes and childcare facilities. 
Sec. 202. Notice of rights. 
Sec. 203. Staffing and training. 
Subtitle B—Services for Unaccompanied Noncitizen Children 
Sec. 211. Required services. 
Sec. 212. Evaluation for disability. 
Sec. 213. Education. 
Sec. 214. Recreation. 
Subtitle C—Placement of Children 
Sec. 221. Phasing out large congregate care facilities. 
Sec. 222. Least restrictive setting. 
Sec. 223. Foster family care. 
Sec. 224. Additional requirements relating to children with disabilities and chil-
dren with mental health needs. 
Sec. 225. Minimizing transfers. 
Sec. 226. Restrictive placements. 
Sec. 227. Judicial review of placement. 
Subtitle D—Family Reunification and Standards Relating to Sponsors 
Sec. 231. Family reunification efforts by Office of Refugee Resettlement. 
Sec. 232. Standards relating to sponsors. 
Sec. 233. Special considerations relating to release of children with disabilities. 
Subtitle E—Release 
Sec. 241. Procedures for release. 
Sec. 242. Post-release services. 
Sec. 243. Individuals attaining 18 years of age. 
Sec. 244. Custody review by Ombudsperson. 
TITLE III—EMERGENCIES AND INFLUXES 
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Sec. 301. Sense of Congress. 
Sec. 302. Definitions. 
Sec. 303. Placement. 
Sec. 304. Planning for emergencies and influxes. 
Sec. 305. Influx facility standards and staffing. 
Sec. 306. Monitoring and oversight. 
TITLE IV—LEGAL REPRESENTATION FOR UNACCOMPANIED 
NONCITIZEN CHILDREN 
Sec. 401. Legal orientation presentations and legal screenings. 
Sec. 402. Legal representation. 
TITLE V—APPOINTMENT OF CHILD ADVOCATES AND 
IMPROVEMENTS TO IMMIGRATION COURTS 
Sec. 501. Appointment of child advocates. 
Sec. 502. Immigration court improvements. 
TITLE VI—OVERSIGHT, MONITORING, AND ENFORCEMENT 
Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen Children 
in Immigration Custody. 
Sec. 602. Data collection and reporting. 
Sec. 603. Enforcement. 
Sec. 604. Protection from retaliation. 
Sec. 605. Mandatory access to detention facilities for Members of Congress. 
TITLE VII—NONDISCRIMINATION 
Sec. 701. Fair and equal treatment. 
Sec. 702. Responsibilities of care providers. 
TITLE VIII—INFORMATION SHAR- 
ING AND DATA PROTECTION 
Sec. 801. Separation of records. 
Sec. 802. Prohibition on use for denial of relief or in removal proceedings. 
Sec. 803. Disclosure. 
Sec. 804. Prohibition on information sharing. 
Sec. 805. Counseling records. 
Sec. 806. Data protection for sponsors. 
TITLE IX—MISCELLANEOUS PROVISION 
Sec. 901. Rule of construction. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ACCOMPANIED
NONCITIZEN
CHILD.—The 
term ‘‘accompanied noncitizen child’’ means a non-
citizen under the age of 18 years who— 
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(A) has no lawful immigration status in 
the United States; and 
(B) is detained in immigration custody 
while traveling with a parent or legal guardian, 
including an adoptive parent and a stepparent. 
(2) BEST INTERESTS OF THE CHILD.—With re-
spect to an accompanied noncitizen child or unac-
companied noncitizen child, the term ‘‘best interests 
of the child’’ means a consideration, informed to the 
extent practicable by the child and the parents or 
guardian and extended family of the child, that 
takes into account— 
(A) the safety and well-being of the child; 
(B) the expressed interests of the child, 
taking into account the child’s age and stage of 
development; 
(C) the physical and mental health of the 
child; 
(D) the right of the child to— 
(i) family integrity; 
(ii) liberty; and 
(iii) development; and 
(E) the identity of the child, including reli-
gious, ethnic, linguistic, gender, sexual orienta-
tion, and cultural identity. 
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(3) 
CHILDCARE
FACILITY.—The 
term 
‘‘childcare facility’’ means a facility operated by the 
Department of Health and Human Services, or a 
contractor of the Department of Health and Human 
Services, that— 
(A) is a State-licensed program; and 
(B) provides residential care for unaccom-
panied noncitizen children. 
(4) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Refugee Resettlement. 
(5) EARLY
CHILDHOOD
MINOR.—The term 
‘‘early childhood minor’’ means an individual who is 
12 years of age or younger or has the developmental 
age of such an individual. 
(6) FLORES
SETTLEMENT
AGREEMENT.—The 
term ‘‘Flores settlement agreement’’ means the stip-
ulated settlement agreement in Reno v. Flores, as 
filed in the United States District Court for the 
Central District of California on January 17, 1997 
(CV–85–4544–RJK), including all subsequent court 
decisions, orders, agreements, and stipulations. 
(7) IMMIGRATION CUSTODY.—The term ‘‘immi-
gration custody’’ means the physical custody of the 
Secretary of Health and Human Services or the Sec-
retary of Homeland Security (or the head of any 
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successor agency of the Department of Health and 
Human Services or the Department of Homeland 
Security). 
(8) INFLUX.—The term ‘‘influx’’ means a pe-
riod during which— 
(A) not less than 95 percent of the avail-
able beds in permanent childcare facilities are 
occupied; and 
(B) the average length of care for unac-
companied noncitizen children in the custody of 
the Secretary of Health and Human Services 
exceeds 35 days. 
(9) INFLUX FACILITY.—The term ‘‘influx facil-
ity’’ means any public or private facility established 
to provide temporary emergency shelter and services 
for unaccompanied noncitizen children during an in-
flux or emergency. 
(10) NONCITIZEN.—The term ‘‘noncitizen’’ 
means an individual who is not a citizen or national 
of the United States. 
(11) NONPARENT FAMILY MEMBER.—With re-
spect to an unaccompanied noncitizen child appre-
hended with a nonparent family member, the term 
‘‘nonparent family member’’ means an individual 
who is— 
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(A) 18 years of age or older; and 
(B) a relative of such child, including a 
grandparent, aunt, uncle, first cousin, sibling, 
and fictive kin. 
(12) 
OMBUDSPERSON.—The 
term 
‘‘Ombudsperson’’ means the Ombudsperson of the 
Office of the Ombudsperson for Unaccompanied 
Noncitizen Children established under section 601. 
(13) OUT-OF-NETWORK
FACILITY.—The term 
‘‘out-of-network facility’’ means any public or private 
facility, including a mental health facility, or any 
other location that— 
(A) is used to provide residential care for 
unaccompanied noncitizen children; and 
(B) is not an Office of Refugee Resettle-
ment facility. 
(14) PROSPECTIVE SPONSOR.—The term ‘‘pro-
spective sponsor’’ means an individual or entity who 
applies for custody of an unaccompanied noncitizen 
child. 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(16) SECURE FACILITY.—The term ‘‘secure fa-
cility’’ means any public or private facility that is 
opened by a program, agency, or organization that 
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is licensed by an appropriate State agency to provide 
residential care for children who have been adju-
dicated delinquent. 
(17) SPECIAL NEEDS NONCITIZEN CHILD.—The 
term ‘‘special needs noncitizen child’’— 
(A)(i) means a noncitizen under the age of 
18 years, the mental or physical condition of 
whom requires special services or medical equip-
ment and special treatment by the staff of a 
childcare facility; and 
(ii) includes such an individual who— 
(I) has special needs due to drug or 
alcohol abuse, serious emotional disturb-
ance, mental illness, developmental or cog-
nitive delay, or a physical condition or 
chronic illness that requires special services 
or treatment; 
(II) is an individual with a disability 
(as defined in section 3 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 
12102)); or 
(III) requires special services or treat-
ment as a result of the neglect or abuse; 
and 
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(B) in the case of a child who is 12 years 
of age or older, means such a child who con-
sents to such designation, services, and treat-
ment. 
(18) SPONSOR.—The term ‘‘sponsor’’ means an 
individual or entity who has been approved by the 
Director to assume custody of an unaccompanied 
noncitizen child on release from the custody of the 
Secretary. 
(19) 
STAFF-SECURE
FACILITY.—The 
term 
‘‘staff-secure facility’’— 
(A) means any public or private facility 
that is licensed by an appropriate State agency 
to provide residential care for children who have 
been determined to require close or intensive 
care in accordance with section 226(c)(3); and 
(B) does not include a facility that pro-
vides residential care to children who have been 
adjudicated delinquent. 
(20) STATE-LICENSED
PROGRAM.—The term 
‘‘State-licensed program’’ means any public or pri-
vate program, agency, or organization licensed by an 
appropriate State agency to provide residential, 
group, or foster care services for unaccompanied 
noncitizen children (including a program operating 
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group homes, foster homes, or facilities for special 
needs noncitizen children) that complies with appli-
cable— 
(A) State child welfare laws, regulations, 
and policies; 
(B) State and local building, fire, health, 
and safety laws and regulations; 
(C) Federal, State, and local human rights 
and privacy laws, as applicable; and 
(D) State staffing and training require-
ments. 
(21) UNACCOMPANIED
NONCITIZEN
CHILD.— 
The term ‘‘unaccompanied noncitizen child’’ has the 
meaning given the term ‘‘unaccompanied alien child’’ 
in section 462(g) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)). 
TITLE 
I—PROCEDURES 
AND 
TEMPORARY 
PLACEMENTS 
FOLLOWING APPREHENSION 
SEC. 101. PROHIBITION ON FAMILY SEPARATION. 
(a) IN GENERAL.—An accompanied noncitizen child 
shall remain physically together with their parent or legal 
guardian at all times while in the custody of the Secretary 
of Homeland Security or the Secretary of Health and 
Human Services, unless— 
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(1) the accompanied noncitizen child requests 
privacy temporarily; 
(2) during the screening process, a determina-
tion is made based on clear and convincing evidence 
that the parent or legal guardian of the accompanied 
noncitizen child, or the adult caregiver of the child 
who has been determined by a child welfare expert 
to be suitable to provide care and physical custody 
of the child in the United States, presents an immi-
nent threat to United States national security or is 
inadmissible under subparagraphs (C)(i), (E), (G), 
or (I) of section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)); or 
(3) the child protection professional documents 
based on clear and convincing evidence that the con-
tinued care of the accompanied noncitizen child by 
the parent or legal guardian is likely to result in se-
rious emotional or physical damage to the child. 
(b) TERMINATION OF SEPARATION.—In the case of 
a separation under paragraph (2) or (3) of subsection (a), 
as soon as practicable after the potential damage to the 
child is sufficiently mitigated or remedied— 
(1) in the case of a child in the custody of the 
Secretary of Health and Human Services, the Sec-
retary of Health and Human Services shall return 
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the child to the individual from whom they were sep-
arated; and 
(2) in the case of a child in the custody of the 
Secretary of Homeland Security, the Secretary of 
Homeland Security shall release the individual in ac-
cordance with subsection (a)(5) of section 235 of the 
William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232), as 
amended by section 102. 
(c) CHALLENGE TO SEPARATION.—In the case of a 
separation under paragraph (2) or (3) of subsection (a), 
the Secretary of Homeland Security shall— 
(1) notify the parents, legal guardians, and ac-
companied children concerned of their— 
(A) right to challenge such separation 
under titles VI and VII; and 
(B) private right of action to seek review 
before a district court of the United States; and 
(2) provide a copy of any determination, evi-
dence, arrest warrants, or other documentation sup-
porting such separation to such individuals and their 
attorneys. 
(d) TREATMENT
OF UNACCOMPANIED CHILDREN 
TRAVELING
WITH
CERTAIN
CAREGIVERS.—Unaccom-
panied children traveling with nonparent or nonlegal 
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guardian caregivers shall be treated by the Secretary of 
Health and Human Services in accordance with paragraph 
(3)(C) of section 235(b) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(b)), as amended by section 102. 
SEC. 102. PROTECTIONS FOR NONCITIZEN CHILDREN. 
Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) is amended— 
(1) by striking ‘‘unaccompanied alien child’’ 
each place it appears and inserting ‘‘unaccompanied 
noncitizen child’’; 
(2) by striking ‘‘unaccompanied alien child’s’’ 
each place it appears and inserting ‘‘unaccompanied 
noncitizen child’s’’; 
(3) by striking ‘‘unaccompanied alien children’’ 
each place it appears and inserting ‘‘unaccompanied 
noncitizen children’’; 
(4) by striking ‘‘unaccompanied alien chil-
dren’s’’ each place it appears and inserting ‘‘unac-
companied noncitizen children’s’’; 
(5) in subsection (a)— 
(A) by striking paragraphs (2) and (4); 
(B) by redesignating paragraphs (3) and 
(5) as paragraphs (2) and (3), respectively; 
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(C) in paragraph (2), as redesignated, in 
the paragraph heading, by striking ‘‘OTHER’’ 
and inserting ‘‘UNACCOMPANIED NONCITIZEN’’; 
(D) in paragraph (3), as redesignated— 
(i) in subparagraph (C), in the sub-
paragraph heading, by striking ‘‘UNACCOM-
PANIED ALIEN CHILDREN’’ and inserting 
‘‘UNACCOMPANIED
NONCITIZEN
CHIL-
DREN’’; and 
(ii) in subparagraph (D), in the mat-
ter preceding clause (i), by striking ‘‘, ex-
cept for an unaccompanied alien child from 
a contiguous country subject to exceptions 
under subsection (a)(2),’’; and 
(E) by inserting after paragraph (3), as re-
designated, the following: 
‘‘(4) CHILD
PROTECTION
PROFESSIONALS
AT 
THE BORDER.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall ensure that a licensed 
child 
protection 
professional 
is 
physically 
present to provide onsite expertise at each— 
‘‘(i) land port of entry at which non-
citizen children are most likely to enter; 
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‘‘(ii) Border Patrol station on the 
southern border; and 
‘‘(iii) U.S. Customs and Border Pro-
tection processing facility and reception 
center, regardless of whether such facility 
or center is temporary in nature. 
‘‘(B) QUALIFICATIONS.— 
‘‘(i) IN GENERAL.—Such a child pro-
tection professional shall— 
‘‘(I) be licensed in social work; 
‘‘(II) have direct experience pro-
viding trauma-informed care to chil-
dren who have experienced trauma; 
and 
‘‘(III) subject to clause (ii), be 
proficient in Spanish or 1 of the top 
5 most common languages spoken by 
noncitizen children in the past 5 
years. 
‘‘(ii) PHASE-IN
OF
LANGUAGE
PRO-
FICIENCY.—During the 3-year period be-
ginning on the date of the enactment of 
the Children’s Safe Welcome Act of 2022, 
25 percent of the child protection profes-
sionals hired by the Secretary of Homeland 
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Security to carry the duties under this sec-
tion shall be exempt from clause (i)(III). 
‘‘(C) OVERSIGHT OF CARE.—Such a child 
protection professional shall oversee the care of 
noncitizen children in U.S. Customs and Border 
Protection facilities, consistent with the stand-
ards established under sections 104 and 105 of 
the Children’s Safe Welcome Act of 2022, in-
cluding by ensuring access to adequate food, 
hydration, hygiene necessities, medical care, 
and other services the child protection profes-
sional considers necessary. 
‘‘(5) RELEASE
OF
CHILDREN
APPREHENDED 
WITH
PARENTS, ADOPTIVE
PARENTS, OR
LEGAL 
GUARDIANS.—In the case of a child apprehended 
with a parent, adoptive parent, or legal guardian, 
the Secretary of Homeland Security shall— 
‘‘(A) release the child together with the 
parent, adoptive parent, or legal guardian, as 
applicable; and 
‘‘(B) ensure that the child is provided with 
support from a qualified nongovernmental com-
munity-based organization with experience pro-
viding services to immigrant, refugee, and asy-
lum-seeking populations. 
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‘‘(6) RELEASE
OF
CHILDREN
APPREHENDED 
WITH NONPARENT FAMILY MEMBERS.—In the case 
of a child apprehended with a nonparent family 
member determined under subsection (b)(3)(C)(iii) 
to be an appropriate sponsor for the child, the Sec-
retary of Health and Human Services shall— 
‘‘(A) release the child together with the 
nonparent family member; and 
‘‘(B) ensure that the child is provided with 
support from a qualified nongovernmental com-
munity-based organization with experience pro-
viding services to immigrant, refugee, and asy-
lum-seeking populations. 
‘‘(7) PROHIBITION ON OPERATION OF FAMILY 
DETENTION FACILITIES.—The Federal Government 
may not operate, under any circumstance, a family 
detention facility.’’; 
(6) in subsection (b)— 
(A) in paragraph (1), in the paragraph 
heading, by striking ‘‘UNACCOMPANIED ALIEN 
CHILDREN’’ and inserting ‘‘UNACCOMPANIED 
NONCITIZEN CHILDREN’’; 
(B) in paragraph (3)— 
(i) in the paragraph heading, by strik-
ing ‘‘UNACCOMPANIED ALIEN CHILDREN’’ 
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and inserting ‘‘UNACCOMPANIED
NONCIT-
IZEN CHILDREN’’; 
(ii) by striking ‘‘Except in the case of 
exceptional circumstances,’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—Except in the case of 
exceptional circumstances, subject to subpara-
graph (B),’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) LIMITATION ON U.S. CUSTOMS AND 
BORDER PROTECTION CUSTODY.—Under no cir-
cumstance may the Commissioner hold an unac-
companied or accompanied noncitizen child in 
custody for more than 72 hours. 
‘‘(C) RECEPTION CENTERS.— 
‘‘(i) 
DESIGNATION.—The 
Commis-
sioner shall designate 1 or more reception 
centers located within 100 miles of each 
port of entry and each Border Patrol Sta-
tion on the southern border for the pur-
pose of conducting expedited evaluations 
described in clause (iii). 
‘‘(ii) TRANSFER.—In the case of an 
unaccompanied noncitizen child appre-
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hended with a nonparent family member, 
the Commissioner shall immediately trans-
fer the child and his or her 1 or more non-
parent family members, as applicable, to a 
reception center designated under clause 
(i) for the purpose of an evaluation under 
clause (iii). 
‘‘(iii) EXPEDITED EVALUATIONS.— 
‘‘(I) IN
GENERAL.—On the ar-
rival of an unaccompanied noncitizen 
child apprehended with a nonparent 
family member at a designated recep-
tion center, a Federal field specialist 
of the Department of Health and 
Human Services shall evaluate the 
child to determine whether he or she 
may be released safely from U.S. Cus-
toms and Border Protection custody 
to the nonparent family members with 
whom the child was apprehended. 
‘‘(II) 
PRIVATE
SPACE.—The 
Commissioner shall make available in 
each designated reception center a 
private space in which such Federal 
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field specialists may carry out such 
evaluations. 
‘‘(iv) STAFFING.— 
‘‘(I) FEDERAL
FIELD
SPECIAL-
ISTS.— 
‘‘(aa) IN
GENERAL.—Fed-
eral field specialists of the De-
partment of Health and Human 
Services shall be detailed to des-
ignated reception centers for 
brief periods to ensure the inde-
pendence 
of 
Department 
of 
Health and Human Services staff 
from the duties and functions of 
U.S. Customs and Border Pro-
tection. 
‘‘(bb) DUTIES.—A Federal 
field specialist detailed to a des-
ignated reception center shall 
verify family relationships and 
screen each unaccompanied non-
citizen child apprehended with a 
nonparent family member for 
safety concerns using existing or 
newly developed Department of 
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Health and Human Services tools 
and skills, including document re-
view, observations, and interviews 
of the child and family members. 
‘‘(II) CASE MANAGERS AND CASE 
COORDINATORS.— 
‘‘(aa) IN
GENERAL.—Case 
managers and case coordinators 
of the Department of Health and 
Human Services shall be detailed 
to designated reception centers 
for brief periods to ensure the 
independence of Department of 
Health and Human Services staff 
from the duties and functions of 
U.S. Customs and Border Pro-
tection. 
‘‘(bb) 
DUTIES.—A 
case 
manager or case coordinator de-
tailed to a designated reception 
center shall assist the Federal 
field specialist at the reception 
center in verifying family rela-
tionships and screening each un-
accompanied noncitizen child ap-
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prehended with a nonparent fam-
ily member for safety concerns 
using existing or newly developed 
Department 
of 
Health 
and 
Human Services tools and skills, 
including document review, obser-
vations, and interviews of the 
child and family members. 
‘‘(III) LEGAL
SERVICES
PRO-
VIDERS.—The Secretary of Health 
and Human Services shall enter into 
1 or more contracts with nongovern-
mental legal services providers to pro-
vide legal orientation presentations to 
accompanied noncitizen children and 
unaccompanied noncitizen children ap-
prehended 
with 
nonparent 
family 
members and their parents or legal 
guardians or nonparent family mem-
bers, as applicable, under consider-
ation for expedited release under this 
subparagraph. 
‘‘(v) RELEASE
DECISION.—The Sec-
retary of Health and Human Services shall 
make a determination with respect to expe-
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dited release under this subparagraph not 
later than 72 hours after the child has 
been determined to be an unaccompanied 
noncitizen child. 
‘‘(vi) RELEASE OF NONPARENT FAM-
ILY MEMBER.— 
‘‘(I) IN
GENERAL.—If the Sec-
retary of Health and Human Services 
determines that the nonparent family 
member of an unaccompanied noncit-
izen child apprehended with a non-
parent family member is a safe spon-
sor, and the applicable Federal field 
specialist and case manager or case 
coordinator have verified the family 
relationship, the Commissioner shall 
approve the release of the nonparent 
family member for the purpose of re-
unification with the child. 
‘‘(II) RETENTION OF UNACCOM-
PANIED
NONCITIZEN
CHILD
DETER-
MINATION.—An unaccompanied non-
citizen child released to a nonparent 
family member who is released under 
subclause (I) shall retain his or her 
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determination as an unaccompanied 
noncitizen child. 
‘‘(III) POST-RELEASE
COUNSEL 
AND
SERVICES.—The Secretary of 
Health and Human Services shall pro-
vide to each child released to a non-
parent family member who is released 
under subclause (I) post-release coun-
sel and services, such as legal counsel, 
in the location in which the child’s re-
moval proceedings are scheduled. 
‘‘(vii) TRANSFER TO OFFICE OF REF-
UGEE RESETTLEMENT CUSTODY.— 
‘‘(I) IN
GENERAL.—If the Sec-
retary of Health and Human Services 
cannot make a determination with re-
spect to whether a nonparent family 
member is an imminent substantial 
and credible threat to a child within 
72 hours after the Commissioner has 
made the unaccompanied noncitizen 
child determination, or if an unaccom-
panied noncitizen child apprehended 
with a nonparent family member is 
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denied expedited release under this 
subparagraph— 
‘‘(aa) such child shall be 
placed in the least restrictive set-
ting; 
‘‘(bb) notice shall be pro-
vided to the nonparent family 
member with respect to— 
‘‘(AA) the reason for 
the inability to timely make 
such determination or for 
the denial; and 
‘‘(BB) the location of 
the child’s transfer and any 
subsequent transfer; and 
‘‘(cc) the family relationship 
shall be documented. 
‘‘(II) APPOINTMENT
OF
CHILD 
ADVOCATE.—In the case of a child de-
nied expedited release under this sub-
paragraph, the Secretary of Health 
and Human Services shall appoint a 
child advocate for the child. 
‘‘(viii) PROHIBITION.—The adjudica-
tion of asylum applications shall not be 
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carried out in a reception center des-
ignated under this subparagraph. 
‘‘(D) TRANSPORTATION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Commissioner may 
not transport any unaccompanied noncit-
izen child in a vehicle with a detained adult 
who is not related to the child. 
‘‘(ii) EXCEPTION.— 
‘‘(I) IN GENERAL.—The Commis-
sioner may transport an unaccom-
panied noncitizen child in a vehicle 
with such an adult only from the 
place of arrest or apprehension to a 
U.S. Customs and Border Protection 
facility. 
‘‘(II) PRECAUTIONS.—In trans-
porting an unaccompanied noncitizen 
child under subclause (I), the Com-
missioner shall take necessary pre-
cautions for the protection and well- 
being of the unaccompanied noncitizen 
child.’’; and 
(C) by adding at the end the following: 
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‘‘(5) SUBSTANTIVE AND PROCEDURAL PROTEC-
TIONS.— 
‘‘(A) IN
GENERAL.—On a determination 
that a child is an unaccompanied noncitizen 
child, the unaccompanied noncitizen child shall 
be afforded, for the duration of the unaccom-
panied noncitizen child’s removal proceedings, 
all substantive and procedural protections pro-
vided under this section and any other applica-
ble Federal law. 
‘‘(B) UNACCOMPANIED NONCITIZEN CHILD 
DETERMINATION.—No Federal agency, officer, 
or personnel may— 
‘‘(i) reevaluate or revoke a determina-
tion that a child is an unaccompanied non-
citizen child; or 
‘‘(ii) deny or impede access to any 
protection provided for unaccompanied 
noncitizen children under Federal law, in-
cluding on the basis of— 
‘‘(I) the reunification of an unac-
companied noncitizen child with a 
parent or legal guardian; or 
‘‘(II) the release of an unaccom-
panied noncitizen child to a nonparent 
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family member in accordance with 
subsection (b)(3)(C)(vi). 
‘‘(III) an unaccompanied noncit-
izen child having attained 18 years of 
age.’’; 
(7) in subsection (d)(8), in the paragraph head-
ing, by striking ‘‘UNACCOMPANIED
ALIEN
CHIL-
DREN’’ and inserting ‘‘UNACCOMPANIED NONCITIZEN 
CHILDREN’’; 
(8) by striking subsection (g); 
(9) by redesignating subsections (h) and (i) as 
subsections (g) and (h), respectively; and 
(10) by adding at the end the following: 
‘‘(j) ACCESS
TO COUNSEL, LEGAL ORIENTATION, 
AND CHILD ADVOCATES FOR ALL CHILDREN IN CUS-
TODY.—Each child in immigration custody, including ac-
companied noncitizen children, shall receive a legal ori-
entation presentation and have access to legal counsel and 
child advocates. 
‘‘(k) TREATMENT OF ADULT FAMILY MEMBERS AP-
PREHENDED WITH CHILDREN.— 
‘‘(1) IN GENERAL.—A parent or legal guardian 
or a nonparent family member who is apprehended 
with a child shall be placed in removal proceedings 
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under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a). 
‘‘(2) REQUIREMENT.—Such a parent or legal 
guardian or nonparent family member and the child 
concerned shall be provided an opportunity— 
‘‘(A) to consult, independently and jointly, 
legal counsel; and 
‘‘(B) to request such measures as may be 
necessary to ensure— 
‘‘(i) full and fair consideration of their 
cases for relief from removal; and 
‘‘(ii) the best interests of the child. 
‘‘(l) REMOVAL PROCEEDINGS
FOR ACCOMPANIED 
NONCITIZEN CHILDREN.—With respect to an accom-
panied noncitizen child, the child and their parent or legal 
guardian may only be placed in removal proceedings under 
section 240 of the Immigration and Nationality Act (8 
U.S.C. 1229a). 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) ACCOMPANIED NONCITIZEN CHILD.—The 
term ‘accompanied noncitizen child’ means a noncit-
izen under 18 years of age who— 
‘‘(A) has no lawful immigration status in 
the United States; and 
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‘‘(B) is apprehended while traveling with a 
parent, adoptive parent, or legal guardian. 
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of U.S. Customs 
and Border Protection. 
‘‘(3) DANGER OF ABUSE OR NEGLECT AT THE 
HANDS OF THE PARENT, LEGAL GUARDIAN, OR NON-
PARENT
FAMILY
MEMBER.—The term ‘danger of 
abuse or neglect at the hands of the parent, legal 
guardian, or nonparent family member’ shall not 
mean migrating to or crossing the United States 
border. 
‘‘(4) NONPARENT FAMILY MEMBER.—With re-
spect to an unaccompanied noncitizen child appre-
hended with a nonparent family member, the term 
‘nonparent family member’ means an individual who 
is— 
‘‘(A) 18 years of age or older; and 
‘‘(B) a relative of such child, including a 
grandparent, aunt, uncle, first cousin, sibling, 
and fictive kin. 
‘‘(5) UNACCOMPANIED
NONCITIZEN
CHILD.— 
The term ‘unaccompanied noncitizen child’ has the 
meaning given the term ‘unaccompanied alien child’ 
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in section 462(g) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)). 
‘‘(6) UNACCOMPANIED NONCITIZEN CHILD AP-
PREHENDED
WITH
A
NONPARENT
FAMILY
MEM-
BER.—The term ‘unaccompanied noncitizen child 
apprehended with a nonparent family member’ 
means an unaccompanied noncitizen child who is ap-
prehended while traveling with a nonparent family 
member.’’. 
SEC. 103. NONADVERSARIAL ASYLUM PROCESSING FOR 
NONCITIZEN CHILDREN. 
Section 208(b)(3)(C) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(b)(3)(C)) is amended to read as 
follows: 
‘‘(C) NONADVERSARIAL
ASYLUM
PROC-
ESSING FOR CHILDREN.—The Director of U.S. 
Citizenship and Immigration Services shall have 
jurisdiction over the asylum application of an 
individual who— 
‘‘(i) has been classified as an unac-
companied noncitizen child (as defined in 
section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthor-
ization Act of 2008 (8 U.S.C. 1232)), re-
gardless of the age or marital status of the 
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individual on the date on which he or she 
files an asylum application; 
‘‘(ii) was a child apprehended with a 
parent, adoptive parent, or legal guardian, 
regardless of the age or marital status of 
the individual on the date on which he or 
she files an asylum application; or 
‘‘(iii) is the parent or legal guardian 
of an individual described in clause (ii).’’. 
SEC. 104. STANDARDS FOR U.S. CUSTOMS AND BORDER 
PROTECTION DETENTION OF NONCITIZEN 
CHILDREN. 
(a) INITIAL PROCESSING OF NONCITIZEN CHILDREN 
AND FAMILIES WITH NONCITIZEN CHILDREN.— 
(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection (referred to in this 
title as the ‘‘Commissioner’’) may only detain a non-
citizen child for the purpose of initial processing. 
(2) TIME LIMITATION.—Under no circumstance 
may the Commissioner detain a family with a non-
citizen child for more than 72 hours. 
(b) PRIORITIZATION OF BEST INTERESTS OF THE 
CHILD AND FAMILY UNITY.—In all decisions undertaken 
by the Commissioner with respect to the detention of a 
noncitizen child, the Commissioner shall prioritize— 
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(1) the best interests of the noncitizen child; 
and 
(2) in the case of a noncitizen child appre-
hended with a parent, legal guardian, or any other 
adult family member, family unity. 
SEC. 105. STANDARDS FOR U.S. CUSTOMS AND BORDER 
PROTECTION FACILITIES HOUSING NONCIT-
IZEN CHILDREN. 
(a) IN GENERAL.—A noncitizen child may not be 
housed in a U.S. Customs and Border Protection facility 
that is not in compliance with this Act or the amendments 
made by this Act. 
(b) NATIONAL STANDARDS ON TRANSPORT, ESCORT, 
DETENTION, AND SEARCH.— 
(1) REVIEW.—Not later than 180 days after 
the date of the enactment of this Act, the Commis-
sioner, in consultation with stakeholder organiza-
tions that serve immigrant and refugee children and 
families, shall conduct a review of the U.S. Customs 
and Border Protection standards entitled ‘‘National 
Standards on Transport, Escort, Detention, and 
Search’’ issued in October 2015, to identify nec-
essary improvements with respect to the treatment 
and care of noncitizen children in U.S. Customs and 
Border Protection custody. 
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(2) REVISION.—Not later than 90 days after 
the date on which the review required by paragraph 
(1) is completed, the Commissioner shall revise such 
standards to incorporate the improvements identified 
by the review. 
(3) COMPLIANCE.—Not later than 180 days 
after the revision under paragraph (2), each U.S. 
Customs and Border Protection facility that houses 
1 or more noncitizen children shall attain compliance 
with the revised standards. 
(c) FACILITY REQUIREMENTS.— 
(1) IN GENERAL.—The Commissioner shall en-
sure that each U.S. Customs and Border Protection 
facility that houses 1 or more noncitizen children is 
safe and sanitary and promotes an appropriate and 
healthy environment for children. 
(2) CHILDREN’S AREA.— 
(A) IN
GENERAL.—The Commissioner 
shall ensure that each U.S. Customs and Bor-
der Protection facility that houses 1 or more 
noncitizen children includes a dedicated physical 
environment that is appropriate for children of 
all ages and stages of development (referred to 
in this paragraph as a ‘‘children’s area’’). 
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(B) ELEMENTS.—Each children’s area 
shall be colorful and include— 
(i) low, warm lights; 
(ii) child-sized furniture and equip-
ment, including developmentally appro-
priate books and toys that facilitate struc-
tured and unstructured play; 
(iii) child-friendly images and dis-
plays; 
(iv) a children’s bathroom; 
(v) a diaper-changing area and access 
to sanitation; 
(vi) nursing chairs for breastfeeding 
mothers; and 
(vii) an area in which children may sit 
and rest comfortably. 
(C) STAFFING.—Each children’s area shall 
be staffed by 1 or more individuals who are 
professionally trained and licensed to provide 
services to children, including licensed childcare 
workers, licensed pediatric health professionals, 
and licensed child welfare professionals. 
(3) MEDICAL SCREENING AND CARE.— 
(A) IN
GENERAL.—The Commissioner 
shall ensure that— 
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(i) except as provided in subparagraph 
(F)(i), not later than 6 hours after the ar-
rival of a noncitizen child at a U.S. Cus-
toms and Border Protection facility, the 
child receives a medical screening con-
ducted by a licensed physician, advanced 
practice provider, nurse, or physician’s as-
sistant in accordance with this paragraph; 
(ii) a noncitizen child in the custody 
of the Commissioner shall have unre-
stricted access to appropriate medication 
for the management of an illness or injury 
of the child; 
(iii) in the case of such a child with 
a medical assistive device or other health 
care support item, the noncitizen child, or 
the parent, legal guardian, or other adult 
family member of the child, is permitted 
unrestricted access to the device or item; 
(iv) on release from such custody, a 
noncitizen child, or the parent, legal guard-
ian, or other adult family member of the 
child, is provided with documentation of 
the child’s medical screening and care, in-
cluding the need for any follow-up while in 
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such custody, in accordance with subpara-
graph (B)(viii); and 
(v) medication in possession of a non-
citizen child, or in the possession of the 
child’s the parent, legal guardian, or other 
adult family member, on arrival shall not 
be destroyed or discarded before the review 
and determination under subparagraph 
(B)(vi) occur. 
(B) 
DUTIES
OF
MEDICAL
PROFES-
SIONAL.—With respect to a medical screening 
required by subparagraph (A) and the care of 
a noncitizen child at a U.S. Customs and Bor-
der Protection facility, a licensed physician, ad-
vanced practice provider, nurse, or physician’s 
assistant attending the child at the facility 
shall— 
(i) assess and identify any illness, con-
dition, or physical ailment; 
(ii) identify any acute condition or 
high-risk vulnerability; 
(iii) ensure that appropriate health 
care is provided to the child as necessary, 
including pediatric and reproductive health 
care; 
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(iv) in the case of a child under 14 
years of age, conduct a physical examina-
tion of the child in the presence of a par-
ent, legal guardian, or family member; 
(v) in the case of a child who is 14 
years of age or older— 
(I) provide the child with the 
choice of— 
(aa) a physical examination 
in the presence of a parent, legal 
guardian, or other adult family 
member; or 
(bb) a private physical ex-
amination without the presence 
of a parent, legal guardian, or 
other adult family member; and 
(II) conduct such examination in 
accordance with the child’s preference; 
(vi) review any medication that is in 
the possession of the child on arrival to de-
termine whether the medication shall be 
kept by the child or the child’s parent, 
legal guardian, or other adult family mem-
ber, as applicable; 
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(vii) in the case of a medication de-
scribed in clause (vi) that may not be kept 
by the child or the child’s parent, legal 
guardian, or other adult family member for 
medical storage purposes, such as a medi-
cation that requires refrigeration, ensure 
storage with appropriate access for the 
child’s use while in U.S. Customs and Bor-
der Protection custody; and 
(viii) ensure that the medical screen-
ing and care under this paragraph, and 
any other medical evaluation of or inter-
vention for the child conducted while the 
child is in the custody of the Commis-
sioner, is documented in accordance with 
commonly 
accepted 
standards 
in 
the 
United States for medical records docu-
mentation. 
(C) 
PROCEDURES
FOR
MEDICAL 
SCREENINGS.—The Commissioner shall estab-
lish procedures for medical screenings and ex-
aminations under this paragraph that are con-
sistent with— 
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(i) relevant guidelines set forth in the 
American Medical Association Code of 
Medical Ethics; and 
(ii) the recommendations of the Amer-
ican Academy of Pediatrics and the Amer-
ican College of Obstetricians and Gyne-
cologists. 
(D) LANGUAGE SERVICES.—The Commis-
sioner shall ensure— 
(i) the availability of in-person, lan-
guage-appropriate interpretation services, 
including indigenous languages, for each 
noncitizen child in the custody of the Com-
missioner during any medical screening or 
examination; and 
(ii) that noncitizen children in such 
custody are informed of the availability of 
such services. 
(E) 
LOCATION
OF
MEDICAL 
SCREENINGS.—The Commissioner shall ensure 
that medical screenings, examinations, and any 
follow-up care under this paragraph are con-
ducted in a location that— 
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(i) is private and provides a com-
fortable and considerate atmosphere for 
children; 
(ii) ensures each noncitizen child’s 
dignity and right to privacy; and 
(iii) contains all necessary and appro-
priate medical equipment and supplies, in-
cluding basic over-the-counter medications 
appropriate for all age groups. 
(F) ACUTE MEDICAL CONDITIONS.— 
(i) IN GENERAL.—The Commissioner 
shall ensure that any noncitizen child ex-
hibiting symptoms of an acute medical con-
dition, or who is at risk for an acute med-
ical condition, receives immediate care 
from a licensed physician, advanced prac-
tice provider, nurse, or physician’s assist-
ant. 
(ii) TRANSFER
TO
LOCAL
HEALTH 
CARE FACILITY.— 
(I) IN GENERAL.—If appropriate 
medical care cannot be provided for a 
noncitizen child described in clause (i) 
at a U.S. Customs and Border Pro-
tection facility, the Commissioner 
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shall expeditiously transfer the child 
to a local medical facility. 
(II) ACCOMPANIMENT
BY
FAM-
ILY.—In the case of a noncitizen child 
transferred under subclause (I), 1 or 
more parents, legal guardians, or 
other adult family members, siblings, 
or fictive kin shall be permitted to ac-
company the child to such medical fa-
cility. 
(iii) 
ONGOING
AVAILABILITY
OF 
TRANSPORTATION.—The 
Commissioner 
shall maintain— 
(I) appropriate transportation at 
each U.S. Customs and Border Pro-
tection facility that houses 1 or more 
noncitizen children to ensure the 
availability of transport to outside 
medical facilities in the case of a med-
ical emergency; or 
(II) an on-call service to provide 
such transportation to such a facility 
within 30 minutes. 
(G) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed to require a 
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noncitizen child, parent, legal guardian, or non-
parent family member to disclose the child’s 
medical history. 
(4) SERVICES
AND
SUPPLIES.—The Commis-
sioner shall ensure that each U.S. Customs and Bor-
der Protection facility that houses 1 or more noncit-
izen children is in compliance with the following 
standards at all times: 
(A) TEMPERATURE.—The temperature in-
side the facility shall be maintained between 68 
and 73 degrees Fahrenheit. 
(B) VENTILATION.—The facility shall com-
ply with the most recent guidance issued by the 
Centers for Disease Control and Prevention 
with respect to ventilation in buildings to miti-
gate the spread of COVID–19. 
(C) FOOD AND WATER.— 
(i) IN GENERAL.—Food shall be pro-
vided— 
(I) in a manner that follows Fed-
eral food safety laws and regulations; 
and 
(II) according to the guidelines of 
the American Association of Pediat-
rics and the American College of Ob-
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stetricians and Gynecologists with re-
spect to nutrition, consistency, cal-
ories, and portion size, consistent with 
the age of each child. 
(ii) MEALS AND SNACKS.— 
(I) ARRIVAL.—On arrival at the 
facility, a child shall be provided with 
a healthy, nutritious, and culturally 
appropriate meal. 
(II) MEALS.—Meals shall— 
(aa) be served daily to all 
noncitizen children for breakfast, 
lunch, and dinner, of which not 
fewer than 2 meals daily shall be 
served hot; and 
(bb) include a variety of 
fresh fruit, vegetables, a protein, 
and grains. 
(III) SNACKS.—Noncitizen chil-
dren shall have unrestricted access to 
healthy snacks. 
(IV) 
LIMITATION
ON 
UNHEALTHFUL
FOODS.—The avail-
ability of highly processed foods and 
sugars shall be limited. 
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(iii) WATER.—Each noncitizen child 
shall— 
(I) be provided with not less than 
1 gallon of drinking water or age-ap-
propriate fluids daily; and 
(II) have unrestricted access to 
drinking water. 
(iv) ACCOMMODATION.—A noncitizen 
child’s individual dietary needs or restric-
tions shall be accommodated. 
(v) SPECIAL CONSIDERATIONS FOR IN-
FANTS AND YOUNG CHILDREN.— 
(I) BOTTLE FEEDING.— 
(aa) IN GENERAL.—On ar-
rival at a facility, the parent, 
legal guardian, or other family 
member of a noncitizen child 
using a bottle for feeding shall be 
offered 2 clean baby bottles, a 
bottle brush, dish soap, and 
enough bottled water and baby 
formula for at least 3 bottles. 
(bb) 
ADDITIONAL
SUP-
PLIES.—Additional baby formula 
and bottled water shall be pro-
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vided on request of the parent, 
legal guardian, or other family 
member. 
(II) BREASTFEEDING.—In the 
case of any noncitizen child who is 
breastfeeding at the time of arrival at 
the facility— 
(aa) continued breastfeeding 
shall be supported; and 
(bb) the breastfeeding moth-
er of each such noncitizen child 
shall be provided with privacy, 
blankets, 
a 
quiet 
area 
for 
breastfeeding, a nursing chair, 
and adequate amounts of food 
and water consistent with the di-
etary needs of a breastfeeding 
mother. 
(D) HYGIENE.— 
(i) CLOTHES AND SHOES.—Each non-
citizen child shall be provided with a set of 
clean clothes, and on request, a pair of 
shoes in good condition. 
(ii) SHOWERS.— 
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(I) IN GENERAL.—Each noncit-
izen child shall be provided access to 
a hot shower with a barrier for pri-
vacy. 
(II) ACCESS.—A noncitizen child 
shall be provided further access to a 
hot shower on request. 
(III) TEMPERATURE.—Hot water 
for a shower under this clause shall be 
set at a temperature consistent with 
the 
temperature 
required 
under 
childcare 
facility 
standards 
for 
childcare facilities licensed in the 
State in which the facility is located. 
(iii) 
MENSTRUATION
SUPPLIES.— 
Each female noncitizen child shall be of-
fered immediately a supply of tampons and 
pads at no cost. 
(iv) DIAPERING.— 
(I) IN
GENERAL.—The parent, 
legal guardian, or other family mem-
ber of each noncitizen child using dia-
pers shall be provided immediately 
with 3 size-appropriate diapers and a 
packet of diaper wipes. 
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(II) ADDITIONAL DIAPERS.—Ad-
ditional diapers and diaper wipes shall 
be provided on request at no cost. 
(III) DIAPER CHANGING AREA.— 
The parent, legal guardian, or other 
family member of each such noncit-
izen child shall be provided— 
(aa) access to a safe and 
sanitary area in which to change 
the child’s diaper; 
(bb) a clean diaper changing 
pad; and 
(cc) a handwashing station. 
(v) 
BATHROOMS.—Each 
noncitizen 
child shall be provided access to bath-
rooms. 
(E) SLEEP.— 
(i) 
MATS, 
BLANKETS, 
AND
PIL-
LOWS.— 
(I) IN
GENERAL.—On arrival, 
each noncitizen child shall be provided 
with a clean mat that is not less than 
3 inches thick, a clean cloth blanket, 
and a clean pillow. 
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(II) ADDITIONAL BLANKETS.—A 
noncitizen child shall be provided with 
additional blankets on request by the 
child or the parent, legal guardian, or 
other family member of the child. 
(ii) QUIET LOCATION.—On request or 
if there are signs of a noncitizen child feel-
ing tired, the child shall be provided with 
access to a quiet location in which to sleep 
that has dimmed lights. 
(iii) SCHEDULE.—Between the hours 
of 9:00 p.m. and 6:00 a.m.— 
(I) noncitizen children shall have 
access to lighting that is safe and con-
ducive to sleep; and 
(II) noise shall be at a level con-
ducive to sleep. 
(F) RECREATION.— 
(i) IN GENERAL.—Noncitizen children 
shall have access to age-appropriate rec-
reational activities, including indoor and 
outdoor spaces for physical activity, toys, 
art supplies, sports equipment, and books. 
(ii) OUTDOOR PLAY.—Noncitizen chil-
dren shall be allowed to play outside for 
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not less than 30 minutes every 3 hours 
during daylight hours. 
(G) 
RELIGIOUS
PRACTICE.—Noncitizen 
children shall be permitted to practice their reli-
gion or to not practice a religion, as applicable. 
(5) NOTICE OF RIGHTS.— 
(A) IN
GENERAL.—The Ombudsperson 
shall develop a notice of children’s rights, which 
shall be posted in each U.S. Customs and Bor-
der Protection facility that houses children in 
any location in which noncitizen children are lo-
cated. 
(B) DESCRIPTION OF RIGHTS.—The notice 
required by subparagraph (A) shall include— 
(i) a description of— 
(I) all rights afforded to a noncit-
izen child under section 235 of the 
William Wilberforce Trafficking Vic-
tims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232) and this Act; 
(II) the right to a bond redeter-
mination hearing; and 
(III) existing mechanisms by 
which children may seek to enforce 
their rights; and 
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(ii) a list of free legal services pro-
viders and contact information for such 
providers. 
(C) FORMAT AND LANGUAGES.— 
(i) IN
GENERAL.—Such notice shall 
be— 
(I) written in a manner that is 
child friendly and age-appropriate; 
and 
(II) made available and posted in 
multiple languages, including English, 
Spanish, 
French, 
Hindi, 
Bengali, 
Punjabi, Swahili, Mandarin Chinese, 
Russian, 
Standard 
Arabic, 
Por-
tuguese, 
Haitian 
Creole, 
K’iche’, 
Q’eqchi’, Kaqchikel, Mam, Q’anjob’al, 
and Ixil. 
(ii) ADDITIONAL
LANGUAGES.—The 
Ombudsperson may require such notice to 
be made available and posted in any addi-
tional language the Ombudsperson con-
siders necessary based on the demo-
graphics of arriving noncitizen children. 
(D) AVAILABILITY.—A child protection 
professional of the Department of Homeland 
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Security shall provide each noncitizen child with 
such notice on the child’s arrival at the U.S. 
Customs and Border Protection facility. 
(d) SEPARATION FROM UNFAMILIAR ADULTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an unaccompanied noncitizen child in the 
custody of the Commissioner shall be physically sep-
arated from any adult who is not related to the 
child. 
(2) IMMEDIATE SEPARATION NOT FEASIBLE.— 
In any circumstance in which such separation is not 
immediately feasible, such as during transport to a 
U.S. Customs and Border Protection facility, an un-
accompanied noncitizen child shall not be left alone 
with such an adult or detained with such an adult 
for more than 6 hours. 
(e) STAFF TRAINING.— 
(1) IN GENERAL.—The Commissioner shall en-
sure that— 
(A) the staff of each U.S. Customs and 
Border Protection facility in which 1 or more 
noncitizen children are housed receives training 
on responding to the needs of children and fam-
ilies exposed to trauma, including training on— 
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(i) the principles and practices of 
trauma-informed care and psychological 
first aid; 
(ii) vicarious traumatization and sec-
ondary stress; and 
(iii) recognizing the signs of a child in 
medical distress; and 
(B) every effort is made to ensure that the 
safety and well-being of the noncitizen children 
in U.S. Customs and Border Protection custody 
are satisfactorily provided for by facility staff. 
(2) RULEMAKING.— 
(A) IN
GENERAL.—The Commissioner 
shall issue regulations that require Border Pa-
trol and Office of Field Operations officials to 
participate in regular training so as to ensure 
that such officials treat all individuals in their 
custody with dignity, prevent abuse, and ensure 
constitutionally guaranteed and humane condi-
tions of confinement. 
(B) ELEMENTS.—The regulations required 
by subparagraph (A) shall do the following: 
(i) Prohibit U.S. Customs and Border 
Protection officials from— 
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(I) discussing immigration out-
comes with detained individuals; and 
(II) using derogatory language 
towards individuals in their custody. 
(ii) Address matters of child develop-
ment, mental health and trauma, children 
with special needs, cultural competency, 
and any other matter the Commissioner 
considers appropriate. 
(iii) Require foreign language com-
petency and interview protocols in cases in 
which interpretation is required. 
(iv) Require continuing education in 
any subject necessary to ensure compliance 
with this Act or the amendments made by 
this Act. 
(f) MONITORING AND OVERSIGHT.— 
(1) IN GENERAL.—Compliance of U.S. Customs 
and Border Protection facilities with this Act and 
section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 
U.S.C. 
1232) 
shall 
be 
monitored 
by 
the 
Ombudsperson, in accordance with section 601. 
(2) POSTING
OF
OMBUDSPERSON’S
CONTACT 
INFORMATION.— 
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(A) IN
GENERAL.—The Commissioner 
shall post, in each U.S. Customs and Border 
Protection facility in which 1 or more noncit-
izen children are housed, the contact informa-
tion for the Ombudsperson in multiple lan-
guages, including English, Spanish, French, 
Hindi, Bengali, Punjabi, Swahili, Mandarin 
Chinese, Russian, Standard Arabic, Portuguese, 
Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, 
Mam, Q’anjob’al, and Ixil. 
(B) 
ADDITIONAL
LANGUAGES.—The 
Ombudsperson may require such contact infor-
mation to be posted in any additional language 
the Ombudsperson considers necessary based on 
the demographics of arriving noncitizen chil-
dren. 
(g) AGE ASSESSMENTS.— 
(1) IN GENERAL.—Any individual who claims to 
be under the age of 18 years shall be presumed to 
be so and shall be treated according to the law and 
standards applicable to noncitizen children in immi-
gration custody, unless following an age assessment, 
it is established by clear and convincing evidence 
that the individual is 18 years of age or older. 
(2) REQUIREMENTS.— 
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(A) IN GENERAL.—An age assessment may 
only be conducted if the Secretary or Secretary 
of Homeland Security has recent, credible, and 
documented evidence that the individual con-
cerned is 18 years of age or older. 
(B) CONSIDERATIONS.—If an age assess-
ment is conducted, the Secretary and the Sec-
retary of Homeland Security shall take into 
consideration, to the extent such information is 
readily available— 
(i) written or photographic evidence; 
(ii) statements and representations of 
the individual concerned and of the family 
and community members who know such 
individual; and 
(iii) the relevant cultural and ethnic 
context. 
(C) PROHIBITED
METHODS.—The Sec-
retary or the Secretary of Homeland Security 
may not— 
(i) conduct any medical age assess-
ment that consists of imaging studies, such 
as bone or dental radiography, dental ex-
aminations, or height, weight, skin, or sex-
ual maturity ratings; or 
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(ii) rely on the physical appearance of 
a child to justify an age assessment. 
(D) LEGAL COUNSEL.— 
(i) IN GENERAL.—An individual with 
respect to whom an age assessment is con-
ducted shall be provided with legal counsel 
before receiving such assessment and may 
not be removed before receiving such coun-
sel. 
(ii) EVIDENCE.—Legal counsel pro-
vided under clause (i) shall be provided 
with all evidence upon which the Secretary 
or the Secretary of Homeland Security re-
lies to justify conducting an age assess-
ment or to support an age assessment de-
termination. 
SEC. 106. MODIFICATION OF TERM ‘‘ASYLUM OFFICER’’ TO 
EXCLUDE OFFICERS OF U.S. CUSTOMS AND 
BORDER PROTECTION. 
Section 235(b)(1)(E) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(E)) is amended— 
(1) in clause (i), by striking ‘‘, and’’ and insert-
ing a semicolon; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following: 
‘‘(iii) is employed by the Refugee, 
Asylum, and International Operations Di-
rectorate of U.S. Citizenship and Immigra-
tion Services.’’. 
TITLE II—STANDARDS FOR DE-
PARTMENT OF HEALTH AND 
HUMAN SERVICES CUSTODY 
OF 
UNACCOMPANIED 
NON-
CITIZEN CHILDREN 
Subtitle A—Standards for Foster 
Care Homes and Childcare Fa-
cilities 
SEC. 201. OPERATION OF FOSTER CARE HOMES AND 
CHILDCARE FACILITIES. 
(a) IN GENERAL.—An entity contracted by the Direc-
tor to operate a childcare facility shall be licensed by an 
appropriate State agency to provide residential, group, or 
foster care services for dependent children. 
(b) OPERATION AS NONSECURE FACILITIES.—Each 
foster care home operated by a State-licensed program 
contracted by the Director to provide care for 1 or more 
unaccompanied noncitizen children and each childcare fa-
cility, including any facility for special needs noncitizen 
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children, shall be maintained as a nonsecure facility, in 
accordance with applicable State law. 
SEC. 202. NOTICE OF RIGHTS. 
(a) IN GENERAL.—The Ombudsperson shall develop 
a notice of children’s rights in childcare facilities, which 
shall be— 
(1) posted in each childcare facility in all loca-
tions in which unaccompanied noncitizen children 
are located; and 
(2) distributed to each unaccompanied noncit-
izen child on arrival at a childcare facility. 
(b) DESCRIPTION OF RIGHTS.—The notice required 
by subsection (a) shall include— 
(1) a description of— 
(A) all rights afforded to an unaccom-
panied noncitizen child under section 235 of the 
William Wilberforce Trafficking Victims Protec-
tion Reauthorization Act of 2008 (8 U.S.C. 
1232) and this Act; 
(B) the right to a bond redetermination 
hearing; and 
(C) existing mechanisms by which children 
may seek to enforce their rights; and 
(2) a list of free legal services providers and 
contact information for such providers. 
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(c) FORMAT AND LANGUAGES.— 
(1) IN GENERAL.—Such notice shall be— 
(A) written in a manner that is child 
friendly and age-appropriate; and 
(B) made available and posted in multiple 
languages, including English, Spanish, French, 
Hindi, Bengali, Punjabi, Swahili, Mandarin 
Chinese, Russian, Standard Arabic, Portuguese, 
Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, 
Mam, Q’anjob’al, and Ixil. 
(2) 
ADDITIONAL
LANGUAGES.—The 
Ombudsperson may require that such notice be 
made available and posted in any additional lan-
guage the Ombudsperson considers necessary based 
on the demographics of arriving noncitizen children. 
(d) ORIENTATION
TO ROLE
OF OFFICE
OF
THE 
OMBUDSPERSON.—Each State-licensed program that op-
erates a childcare facility shall provide to each unaccom-
panied noncitizen child in its care— 
(1) information about the Office of the 
Ombudsperson; and 
(2) the contact information for the Office the 
Ombudsperson. 
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SEC. 203. STAFFING AND TRAINING. 
(a) FEDERAL FIELD SPECIALISTS.—The Director 
shall— 
(1) maintain for each childcare facility a rea-
sonable Federal field specialist-to-unaccompanied 
noncitizen child ratio; 
(2) hire additional Federal field specialists as 
necessary to ensure that, for the majority of unac-
companied noncitizen children in the custody of the 
Secretary, a decision regarding their release can be 
made by Federal field specialists not later than 48 
hours after the approval of a release recommenda-
tion to a sponsor; and 
(3) develop and manage a plan for expeditiously 
placing unaccompanied noncitizen children who have 
no identified sponsor in the least restrictive setting 
that most approximates a family. 
(b) CASE MANAGEMENT SPECIALISTS.—The Direc-
tor shall ensure that each State-licensed program that op-
erates a childcare facility— 
(1) maintains a ratio of 8 unaccompanied non-
citizen children to each case management specialist; 
(2) provides training for case management spe-
cialists that enables the Department of Health and 
Human Services to meet required timelines for the 
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reunification of unaccompanied noncitizen children 
in accordance with section 231(c); and 
(3) develops accountability measures with re-
spect to the adherence of case management spe-
cialist to such timelines. 
(c) CONTINGENCY FUND TO ADDRESS EMERGENT 
NEEDS.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise available, there are appropriated to the Sec-
retary of Health and Human Services, out of any 
money in the Treasury not otherwise appropriated, 
$46,500,000, to remain available until expended, for 
a contingency fund (referred to in this section as the 
‘‘Fund’’) for the hiring of case management special-
ists as required by an influx or any other emergent 
situation for the purpose of facilitating the release 
process and minimizing the risk that childcare facili-
ties reach full capacity. 
(2) USE OF FUND.— 
(A) DISCRETIONARY
USE.—The Director 
may draw upon the Fund to reduce the ratio to 
6 unaccompanied noncitizen children for each 
case management specialist if— 
(i) the national utilization rate (ex-
cluding funded but unplaceable beds and 
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calculated as the number of filled beds di-
vided by the number of beds available for 
placement, expressed as a percentage) 
reaches or exceeds 65 percent in any week; 
or 
(ii) the Director certifies to Congress 
that the rate of increase in childcare facil-
ity usage, as calculated by the Director for 
purposes of section 602(b)(3)(F)(i)(VI), 
has led the Director to believe that such 
national utilization rate will reach 90 per-
cent in any week during the subsequent 
10-week period. 
(B) MANDATORY USE.—The Director shall 
draw upon the Fund to reduce the ratio to 6 
unaccompanied noncitizen children for each 
case management specialist if such national uti-
lization rate reaches or exceeds 90 percent in 
any week. 
(d) TRAINING.— 
(1) IN
GENERAL.—With respect to the per-
sonnel of a State-licensed program that operates a 
childcare facility, the Director shall provide regular 
in-person training, and a coaching plan with support 
for 30 days, for such personnel who interact with 
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unaccompanied noncitizen children, including youth 
care workers, that is— 
(A) specific to the age and gender of the 
unaccompanied noncitizen children at the spe-
cific childcare facility; and 
(B) consistent across the Office of Refugee 
Resettlement’s network of State-licensed pro-
grams. 
(2) TOPICS.—The training required by para-
graph (1) shall address the following topics: 
(A) Ethical standards of conduct based on 
accepted child welfare principles with respect to 
the care of unaccompanied noncitizen children. 
(B) Mental health and trauma. 
(C) Child development. 
(D) Prevention of sexual abuse and harass-
ment. 
(E) Cultural humility. 
(F) Racial sensitivity. 
(G) De-escalation techniques to avert un-
necessary involvement of local law enforcement 
prior to exhaustion of alternative, trauma-in-
formed care, treatment, and restorative re-
sponses. 
(H) Disabilities. 
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(3) SPECIFIC TRAINING FOR STAFF WORKING 
WITH
EARLY
CHILDHOOD
MINORS.—The Director 
shall ensure that personnel who interact with unac-
companied noncitizen children who are early child-
hood minors receive specialized training relevant to 
the needs and capacities of such children. 
(4) DEVELOPMENT OF TRAINING MATERIALS.— 
The Director, in collaboration with stakeholders who 
have expertise in child migration, child mental 
health, and child development, shall— 
(A) develop written, audio, or visual mate-
rials with which training under this subsection 
may be conducted; and 
(B) before distribution to personnel of such 
State-licensed 
programs, 
provide 
the 
Ombudsperson with such materials. 
(5) DEPARTMENT
OF
HEALTH
AND
HUMAN 
SERVICES STAFF.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary 
shall provide appropriate guidance and training for 
all Department of Health and Human Services em-
ployees with respect to the requirements of this Act. 
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Subtitle B—Services for Unaccom-
panied Noncitizen Children 
SEC. 211. REQUIRED SERVICES. 
(a) PROVISION OF REQUIRED SERVICES.—A State- 
licensed program that operates a childcare facility shall 
provide the following services for each unaccompanied 
noncitizen child in its care: 
(1) On admission to the childcare facility, a 
comprehensive orientation regarding— 
(A) the rights of the unaccompanied non-
citizen child; 
(B) the role of the State-licensed program; 
(C) the services, rules, procedures, and ex-
pectations of the State-licensed program; and 
(D) the availability of legal assistance. 
(2) Proper physical care and maintenance, in-
cluding suitable living accommodations, food, appro-
priate clothing, and personal hygiene items. 
(3) Not later than 2 business days after admis-
sion to the childcare facility, a comprehensive med-
ical examination that includes screening for infec-
tious disease. 
(4) Appropriate, ongoing, and routine medical 
and dental care, as prescribed by a licensed physi-
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cian, advanced practice provider, nurse, or physician 
assistant, including— 
(A) reproductive health and family plan-
ning services; 
(B) emergency health care services; 
(C) immunizations in accordance with the 
Centers for Disease Control and Prevention 
guidelines; 
(D) administration of prescribed medica-
tion and special diets; and 
(E) mental health screening and interven-
tions, including referrals. 
(5) An individualized needs assessment, which 
shall include the following: 
(A) Collection of essential data relating to 
the identification and history of the unaccom-
panied noncitizen child and family. 
(B) Identification of any special needs of 
the unaccompanied noncitizen child, including 
any need that requires immediate intervention. 
(C) An educational assessment and plan. 
(D) An assessment of family relationships. 
(E) A statement of religious preference 
and practice. 
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(F) An assessment of the personal goals, 
strengths, and weaknesses of the unaccom-
panied noncitizen child. 
(G) Collection of identifying information 
regarding immediate family members, other rel-
atives, godparents, or friends who may be resid-
ing in the United States and who may be able 
to assist in family reunification. 
(6) A comprehensive individual plan for the 
care of the unaccompanied noncitizen child, which 
shall be— 
(A) developed in accordance with the 
child’s needs, as determined by the individual-
ized needs assessment under paragraph (5); 
and 
(B) implemented and closely coordinated 
through an operative case management system. 
(7) Education services, as described in section 
213. 
(8) Recreational activities, as described in sec-
tion 214. 
(9) Counseling services, including— 
(A) not fewer than 2 weekly individual 
counseling sessions conducted by licensed men-
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tal health professionals, including social work-
ers, psychologists, and psychiatric staff; and 
(B) not fewer than 1 weekly group coun-
seling session conducted by licensed mental 
health professionals, including social workers, 
psychologists, or psychiatric staff. 
(10) Acculturation and adaptation services, in-
cluding the provision of information regarding the 
development of social and interpersonal skills. 
(11) Religious and spiritual services of the un-
accompanied noncitizen child’s choice, if any. 
(12) Case management services designed to 
identify relatives or prospective sponsors in the 
United States and ensure the quick release of the 
unaccompanied noncitizen child from the custody of 
the Secretary. 
(13) Visitation and contact with family mem-
bers, regardless of the immigration status of the 
family members. An unaccompanied noncitizen child 
and family members of such a child shall be pro-
vided with a private, confidential space to meet in 
during such visitation. The Secretary of Homeland 
Security may not pursue enforcement actions 
against such family members during or immediately 
before or after such visitation. 
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(14) Telephone and video access to contact par-
ents, family members, and caregivers, in a private 
space that ensures confidentiality, at no cost to the 
unaccompanied noncitizen child, family member, or 
caregiver. An unaccompanied noncitizen child shall 
be permitted such access not fewer than 4 times 
weekly for a period of not less than 30 minutes each 
time. 
(15) A reasonable right to privacy, including 
the right of the unaccompanied noncitizen child— 
(A) to wear the child’s own clothes, as 
available; 
(B) to retain a private space in the 
childcare facility for the storage of personal be-
longings; 
(C) to talk privately on the telephone, as 
permitted by the rules and regulations of the 
State-licensed program; 
(D) to visit privately with guests, as per-
mitted by such rules and regulations; and 
(E) to receive and send uncensored cor-
respondence. 
(16) Legal services information regarding the 
availability of free legal assistance, the right to be 
represented by counsel, screenings and legal orienta-
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tion presentations, and facilitated, confidential ac-
cess to counsel, as described in title IV. 
(b) CONSIDERATIONS
FOR PROVISION
OF SERV-
ICES.—A State-licensed program that operates a childcare 
facility shall provide the services described in subsection 
(a) in a manner that is sensitive to the age, culture, native 
language, and complex needs of each unaccompanied non-
citizen child. 
(c) RULES AND DISCIPLINE STANDARDS.— 
(1) IN
GENERAL.—The rules and discipline 
standards of such a State-licensed program shall 
be— 
(A) formulated with consideration given to 
the range of ages, developmental stages, and 
trauma experienced by the unaccompanied non-
citizen children in the applicable childcare facil-
ity; and 
(B) culturally sensitive to the needs of 
such children. 
(2) PROHIBITED MEASURES.—Such a State-li-
censed program may not subject any unaccompanied 
noncitizen child to— 
(A) corporal punishment, physical or chem-
ical restraint, seclusion, humiliation, verbal or 
mental abuse, or punitive interference with the 
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daily functions of living, such as eating, sleep-
ing, or bathroom access; or 
(B) any disciplinary measure that— 
(i) adversely affects the health or 
physical or psychological well-being of the 
unaccompanied noncitizen child; or 
(ii) denies an unaccompanied noncit-
izen child regular meals, water, sleep, exer-
cise, medical care, correspondence privi-
leges, legal assistance, education, recre-
ation, bathroom access, or any other serv-
ice described in subsection (a). 
(d) RECORDKEEPING.— 
(1) INDIVIDUAL CASE RECORDS.—The operator 
of each childcare facility and influx facility shall de-
velop, maintain, and safeguard individual client case 
records on each unaccompanied noncitizen child in 
care at the facility. 
(2) CONFIDENTIALITY.—The operator of each 
childcare facility and influx facility shall develop and 
maintain a system of accountability that preserves 
the confidentiality of client information and protects 
such records from unauthorized use or disclosure in 
accordance with section 804. 
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(3) 
REPORTING.—The 
operator 
of 
each 
childcare facility and influx facility shall maintain 
adequate records and make regular reports, as re-
quired by the Ombudsperson, that permit the 
Ombudsperson to monitor and enforce this Act, the 
amendments made by this Act, and any other re-
quirement 
or 
standard 
determined 
by 
the 
Ombudsperson to be in the best interests of unac-
companied noncitizen children. 
SEC. 212. EVALUATION FOR DISABILITY. 
(a) IN GENERAL.—The Director shall provide unac-
companied noncitizen children who present an indication 
of a disability with an evaluation for services under section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 
and provide unaccompanied noncitizen children with dis-
abilities with services (including accommodations) through 
an individualized plan that includes a plan for prompt re-
lease. 
(b) RECORDS.—Any record of a screening or an eval-
uation conducted under this section, and any record re-
lated to a decision with respect to the release of an unac-
companied noncitizen child with a disability, shall be main-
tained separately from the unaccompanied noncitizen 
child’s immigration file (commonly known as an ‘‘A- 
File’’). 
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SEC. 213. EDUCATION. 
(a) CURRICULUM.— 
(1) STATE STANDARDS.—A State-licensed pro-
gram shall provide educational instruction to unac-
companied noncitizen children using a curriculum 
that— 
(A) includes access to physical education, 
art, and other electives; and 
(B) is consistent with the licensing and 
academic standards of the State in which the 
State-licensed program is located. 
(2) BASIC ACADEMIC AREAS.—The basic aca-
demic areas covered by such curriculum shall include 
science, social studies, math, reading, and writing. 
(b) LICENSING
AND
CERTIFICATION
REQUIRE-
MENTS.— 
(1) IN
GENERAL.—Teachers, administrators, 
counselors, and support staff providing education to 
unaccompanied noncitizen children at a childcare fa-
cility shall— 
(A) meet local and State certification or li-
censure requirements; and 
(B) in the case of an unaccompanied non-
citizen child in custody for a period longer than 
60 days or who was previously attending school 
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in the United States, ensure that the child re-
ceives transferable credit. 
(c) INSTRUCTION.— 
(1) IN GENERAL.—Educational instruction at a 
childcare facility shall be— 
(A) appropriate to the level of development 
and communication skills of an unaccompanied 
noncitizen child; and 
(B) provided in a structured classroom set-
ting on a weekly basis Monday through Friday. 
(2) CLASS SIZE.—An unaccompanied noncitizen 
child may not be placed in a class in which the 
teacher-to-student ratio exceeds the applicable State 
maximum ratio. 
(d) LANGUAGE ACCESS AND EDUCATIONAL ENVI-
RONMENT.—The educational program at a childcare facil-
ity shall— 
(1) include instruction and reading materials, 
educational and otherwise, in the primary languages 
of the unaccompanied noncitizen children at the 
childcare facility; and 
(2) be provided in an emotionally, culturally, 
and physically safe environment. 
(e) INDIVIDUAL EDUCATION PROGRAM.—A State-li-
censed program that operates a childcare facility shall pro-
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vide any eligible unaccompanied noncitizen child who is 
a child with a disability (as defined in section 602 of the 
Individuals with Disabilities Education Act (20 U.S.C. 
1401)) with special education and related services pursu-
ant to an individualized education program that is devel-
oped for the unaccompanied noncitizen child and is con-
sistent with the requirements provided under the Individ-
uals with Disabilities Education Act (20 U.S.C. 1401 et 
seq.). 
(f) OTHER
EDUCATIONAL
OPPORTUNITIES.—The 
educational program of such a State-licensed program 
shall include educational opportunities addressing per-
sonal, social, emotional, intellectual, and employment 
skills. 
SEC. 214. RECREATION. 
(a) IN GENERAL.—A State-licensed program that op-
erates a childcare facility shall provide recreational oppor-
tunities that meet or exceed— 
(1) the guidelines of the Department of Health 
and Human Services entitled ‘‘2018 Physical Activ-
ity Guidelines for Americans’’; and 
(2) the guidelines of the President’s Council on 
Sports, Fitness, and Nutrition. 
(b) ACTIVITIES.— 
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(1) IN GENERAL.—Activities for recreation and 
leisure time, which shall include daily outdoor activ-
ity, weather permitting, shall include— 
(A) not less than 1 hour daily of large- 
muscle activity; and 
(B) not less than 1 hour daily of struc-
tured leisure time activities, which shall not in-
clude time spent watching television or video. 
(2) DAYS ON WHICH SCHOOL IS NOT IN SES-
SION.—The periods scheduled for activities described 
in paragraph (1) shall be increased to a total of 3 
hours daily on any day on which school is not in ses-
sion. 
(3) LANGUAGE-APPROPRIATE
READING
MATE-
RIALS.—A State-licensed program shall provide ap-
propriate reading materials in the primary languages 
of unaccompanied noncitizen children for use during 
leisure time. 
Subtitle C—Placement of Children 
SEC. 221. PHASING OUT LARGE CONGREGATE CARE FACILI-
TIES. 
(a) DEFINITION OF LARGE CONGREGATE CARE FA-
CILITY.—In this section, the term ‘‘large congregate care 
facility’’ means a facility intended to house more than 25 
individuals at a time. 
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205 
(II) For each calendar month, 
the figures for the data collected 
under subparagraphs (D)(i), (E)(i), 
(E)(v), and (E)(vi) of paragraph (3). 
(III) If an influx facility, an 
emergency facility, or any other unli-
censed facility is in operation to house 
noncitizen children, the figures for the 
data 
collected 
under 
paragraph 
(3)(E)(ix) and any other data re-
quired to ensure oversight and trans-
parency under section 306. 
(IV) The data and measures de-
scribed in paragraph (3)(F) for which 
new or continuing publication is— 
(aa) in the public interest; 
or 
(bb) required under para-
graph (5)(A). 
(V) A description of any change 
between 
the 
information 
reported 
under subclauses (I) through (IV) for 
the reporting period and such infor-
mation reported for the preceding re-
porting period. 
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