‘‘(C) A child of an alien lawfully admitted
for permanent residence for whom a family-
sponsored immigrant petition has been ap-
proved by the Attorney General and who has
filed an application for an immigrant visa or
adjustment of status, pursuant to such regula-
tions as the Attorney General may prescribe be-
fore attaining the age of 21, may retain the
legal status of a child, as defined in section
101(b)(1) of this Act, for purposes of allocation
of visas, even if he or she attains the age of 21
prior to obtaining an immigrant visa or adjust-
ment of status, if the alien remains unmar-
ried.’’.
(d) IMMIGRANT VISA ISSUANCE FOR CHILDREN WHO
AGE-OUT WHILE AWAITING PROCESSING
OF OTHER
FAMILY-BASED PREFERENCE, EMPLOYMENT, AND DI-
VERSITY PETITIONS.—Section 203(d) (8 U.S.C. 1153(d))
is amended to read as follows:
‘‘(d) TREATMENT OF FAMILY MEMBERS.—
‘‘(1) A spouse or child as defined in subpara-
graph (A), (B), (C), (D), or (E) of section 101(b)(1)
shall, if not otherwise entitled to immigrant status
and the immediate issuance of a visa under sub-
section (a), (b), or (c), be entitled to the same sta-
tus, and the same order of consideration provided in
the respective subsection, if accompanying or fol-
lowing to join, the spouse or parent.
‘‘(2) A child who is accompanying or following
to join his or her parent under this section may re-
tain the legal status of child as defined in section
101(b)(2) of this Act, for purposes of entitlement to
the same immigrant status of his or her parent, even
if he or she attains the age of 21 prior to obtaining
an immigrant visa or adjustment of status if—
‘‘(A) the child remains unmarried; and,
‘‘(B) the immigrant visa application filed
on behalf of the child is filed prior to the child’s
21st birthday.’’.
(e)(1) Notwithstanding any other provision of law, an
alien child who is accompanying or following to join his
or her parent under any of the provisions of law specified
in paragraph (2) may retain the legal status of child, as
defined in section 101(b)(2) of the Immigration and Na-
tionality Act, for purposes of entitlement to the same sta-
tus of his or her parent, even if he or she attains the age
of 21 prior to obtaining approval for status if—
(A) the child remains unmarried; and
(B) the application for such status was filed on
behalf of the child prior to the child’s 21st birthday.
(2) The provisions of law specified in this paragraph
are the following:
(A) Section 101(a)(27)(J) of the Immigration
and Nationality Act.
(B) Section 208 of such Act.
(C) The Nicaraguan and Central American Re-
lief Act (as contained in Public Law 105–100; 8
U.S.C. 1255 note).
(D) The Haitian Refugee Immigration Fairness
Act of 1998 (as added by section 101(h) of division
A of Public Law 105–277; 8 U.S.C. 1255 note).
SEC. 404. EFFECTIVE DATES.
(a) The amendment made by section 401 shall apply
to all eligible children who were in the United States be-
fore, on, or after the date of enactment of this Act.
(b) The amendments made by section 403 shall apply
to all applications and petitions filed before, on, or after
the date of enactment of this Act.
TITLE V—CHILDREN REFUGEE
AND ASYLUM SEEKERS
SEC. 501. GUIDELINES FOR CHILDREN’S ASYLUM CLAIMS.
(a) SENSE OF CONGRESS.—Congress commends the
Service for its issuance of its ‘‘Guidelines for Children’s
Asylum Claims’’, dated December 1998, and encourages
and supports the Service’s implementation of such guide-
lines in an effort to facilitate the handling of children’s
asylum claims. Congress calls upon the Executive Office
for Immigration Review of the Department of Justice to
adopt the ‘‘Guidelines for Children’s Asylum Claims’’ in
its handling of children’s asylum claims before immigra-
tion judges and the Board of Immigration Appeals.
(b) TRAINING.—The Attorney General shall provide
at least annually comprehensive training under the
‘‘Guidelines for Children’s Asylum Claims’’ to asylum offi-
cers, immigration judges, members of the Board of Immi-
gration Appeals, and immigration officers who have con-
tact with children in order to familiarize and sensitize such
officers to the needs of children asylum seekers. Voluntary
agencies shall be allowed to assist in such training.
SEC. 502. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHIL-
DREN IN ASYLUM AND REFUGEE-LIKE CIR-
CUMSTANCES.
(a) EXCEPTION FROM EXPEDITED REMOVAL.—Sec-
tion 235(b)(1)(F) (8 U.S.C. 1225(b)(1)(F)) is amended
by striking ‘‘an alien’’ and inserting ‘‘unaccompanied alien
child or an alien’’.
(b) EXCEPTION FROM TIME LIMIT FOR FILING ASY-
LUM
APPLICATION.—Section 
208(a)(2) 
(8 
U.S.C.
1158(a)(2)) is amended by adding at the end the following
new subparagraph:
‘‘(E) Subparagraphs (A) and (B) shall not
apply to an unaccompanied alien child.’’.
SEC. 503. UNACCOMPANIED REFUGEE CHILDREN.
(a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL-
DREN.—Section 207(e) (8 U.S.C. 1157(e)) is amended—
(1) by redesignating paragraphs (3) through
(7) as paragraphs (4) through (8); and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) An analysis of the worldwide situation
faced by unaccompanied refugee children, by region.
Such analysis shall include an assessment of—
‘‘(A) the number of unaccompanied refugee
children, by region;
‘‘(B) the capacity of the Department of
State to identify such refugees;
‘‘(C) the capacity of the international com-
munity to care for and protect such refugees;
‘‘(D) the capacity of the voluntary agency
community to resettle such refugees in the
United States;
‘‘(E) the degree to which the United States
plans to resettle such refugees in the United
States in the coming fiscal year; and
‘‘(F) the fate that will befall such unac-
companied refugee children for whom resettle-
ment in the United States is not possible.’’.
(b) TRAINING ON THE NEEDS OF UNACCOMPANIED
REFUGEE
CHILDREN.—Section 207(f)(2) (8 U.S.C.
1157(f)(2)) is amended by—
(1) striking ‘‘and’’ after ‘‘countries,’’; and
(2) inserting before the period at the end the
following: ‘‘, and instruction on the needs of unac-
companied refugee children’’.
TITLE VI—REPORTS TO
CONGRESS
SEC. 601. GENERAL ACCOUNTING OFFICE REPORT.
Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States
shall submit a report to the Judiciary Committees of the
Senate and House of Representatives concerning the im-
plementation of this Act. Such report shall assess the ef-
fectiveness of the Office in meeting the purposes of the
Act, and shall specifically include—
(1) the elements described in the report found
in section 101(c)(3)(I);
(2) the elements of the report described in sec-
tion 204; and
(3) the analysis described in section 207(e)(3)
of the Immigration and Nationality Act, as added by
section 503(a)(2) of this Act.
TITLE VII—AUTHORIZATION OF
APPROPRIATIONS
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as may be necessary to carry out the
provisions of this Act.
(b) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to subsection (a) are authorized to re-
main available until expended.
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