of offenses created by this section to ensure conformity 
with the United States Sentencing Guidelines, section 
2H4.1 (peonage offenses) in violations involving a holding 
under section 278(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1328(a)(2)), and section.2G1.1 other-
wise. 
(c) IMBRA VIOLATIONS.—Section 833(d)(5)(B) of 
the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109–162) is 
amended by striking ‘‘interstate or foreign commerce, an 
international marriage broker that, within the special mar-
itime and territorial jurisdiction of the United States, vio-
lates’’ and inserting ‘‘interstate or foreign commerce or 
within the special maritime and territorial jurisdiction of 
the United States, an international marriage broker that 
violates’’. 
SEC. 224. MODEL STATUTES PROVIDED TO STATES. 
(a) REQUIRED CHANGES TO MODEL STATUTE.—The 
Attorney 
General 
shall 
ensure 
that 
any 
model 
antitrafficking statute provided to any State shall specifi-
cally provide that no provision of such model statute shall 
be construed as derogating from or in any way limiting 
or constraining the operation of State law relating to pros-
titution and individuals involved in securing, exploiting, or 
otherwise abusing prostitutes. 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
(b) PUBLICATION.—The Attorney General shall en-
sure that any new model statute that is consistent with 
subsection (a) shall be immediately put on the website of 
the Department of Justice in place of the existing statute. 
(c) ADDITIONAL MODEL STATE STATUTE.—The De-
partment of Justice shall draft and post on the website 
of the Department of Justice a model state statute setting 
forth best legislative practices in the area of state and 
local antiprostitution enforcement for use by States of the 
United States. 
Subtitle D—Activities of the United 
States Government 
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL. 
Section 105(d)(7) of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 
(1) in subparagraph (A), by inserting ‘‘the At-
torney General,’’ after ‘‘the Secretary of Labor,’’; 
(2) in subparagraph (G), by striking ‘‘and’’ at 
the end; 
(3) by redesignating subparagraph (H) as sub-
paragraph (J); and 
(4) by inserting after subparagraph (G) the fol-
lowing new subparagraphs: 
‘‘(H) activities by the Department of De-
fense to combat trafficking in persons, includ-
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
ing educational efforts for and disciplinary ac-
tions taken against members of the United 
States Armed Forces, materials included in 
training of the armed forces of foreign coun-
tries, and efforts to ensure that United States 
Government contractors do not engage in traf-
ficking in persons; 
‘‘(I) activities or actions by Federal depart-
ments and agencies to enforce— 
‘‘(i) section 106(g) of this Act and 
any similar provision of law, regulation, or 
policy relating to United States Govern-
ment contractors and their employees or 
United States Government subcontractors 
and their employees that engage in severe 
forms of trafficking in persons, procure-
ment of commercial sex acts, or use of 
forced labor, including debt bondage; 
‘‘(ii) section 307 of the Tariff Act of 
1930 (19 U.S.C. 1307; relating to prohibi-
tion on importation of convict made 
goods), including any determinations by 
the Secretary of Homeland Security to 
waive the restrictions of such section; and 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
‘‘(iii) prohibitions on the procurement 
by the United States Government of items 
or services produced by slave labor, con-
sistent with Executive Order 13107 (De-
cember 10, 1998); and’’. 
SEC. 232. ANNUAL ANTI-TRAFFICKING CONFERENCE. 
Section 201(a)(2)(A)(ii) of the Trafficking Victims 
Protection Reauthorization Act of 2005 (42 U.S.C. 
14044(a)(2)(A)(ii)) is amended by inserting before the 
semi-colon at the end the following: ‘‘and the use of exist-
ing Federal and State criminal laws that do not require 
force, fraud, or coercion as an element of a felony crime 
to prosecute such persons’’. 
SEC. 233. SENIOR POLICY OPERATING GROUP. 
Section 206 of the Trafficking Victims Protection Re-
authorization Act of 2005 (42 U.S.C. 14044d) is amended 
by striking ‘‘, as the department or agency determines ap-
propriate,’’. 
SEC. 234. COORDINATORS TO COMBAT HUMAN TRAF-
FICKING. 
(a) DEPARTMENT OF JUSTICE.— 
(1) ESTABLISHMENT.—The Attorney General 
shall establish within the Office of the Deputy Attor-
ney General a Coordinator to Combat Human Traf-
ficking. 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
(2) DUTIES.—In addition to any other respon-
sibilities that the Attorney General may assign, the 
Coordinator shall have the following responsibilities: 
(A) Ensure coordination of policies relating 
to victims of trafficking among the various of-
fices and components of the Department of 
Justice, including the Civil Division, the Crimi-
nal Division, the Office of Justice Programs, 
and the Federal Bureau of Investigation. 
(B) Monitor, review, and make rec-
ommendations regarding assistance to victims 
of trafficking to ensure that assistance polices 
are consistent with the Department’s prosecu-
tion strategies and activities. 
(C) Ensure improved communication and 
coordination with State and local law enforce-
ment agencies regarding prosecution of offenses 
relating to victims of trafficking. 
(D) Represent the Department at inter- 
agency mechanisms relating to trafficking in 
persons, including the Senior Policy Operating 
Group. 
(E) Serve, in conjunction with the Coordi-
nator to Combat Human Trafficking of the De-
partment of Labor (established pursuant to 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
subsection (b)), as the executive secretariat of 
the Trafficking in Persons and Worker Exploi-
tation Task Force. 
(3) STAFF.—The Attorney General shall ensure 
that the Coordinator has sufficient staff to carry out 
the duties described in paragraph (2). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
(b) DEPARTMENT OF LABOR.— 
(1) ESTABLISHMENT.—The Secretary of Labor 
shall establish within the Department of Labor a 
Coordinator to Combat Human Trafficking. 
(2) DUTIES.—In addition to any other respon-
sibilities that the Secretary of Labor may assign, the 
Coordinator shall have the following responsibilities: 
(A) Ensure coordination of policies relating 
to victims of trafficking, both in the United 
States and abroad, among the various offices 
and components of the Department of Labor, 
including the Office of the Solicitor, the Em-
ployment Standards Administration, the Wage 
and Hour Division, the Bureau of International 
Labor Affairs, and the Office of Child Labor, 
Forced Labor, and Human Trafficking. 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
(B) Ensure improved communication and 
coordination with State labor agencies relating 
to trafficking in persons. 
(C) Represent the Department at inter- 
agency mechanisms relating to trafficking in 
persons, including the Senior Policy Operating 
Group. 
(D) Serve, in conjunction with the Coordi-
nator to Combat Human Trafficking of the De-
partment of Justice (established pursuant to 
subsection (a)), as the executive secretariat of 
the Trafficking in Persons and Worker Exploi-
tation Task. 
(3) STAFF.—The Secretary of Labor shall en-
sure that the Coordinator has sufficient staff to 
carry out the duties described in paragraph (2). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
(c) DEFINITION.—In this section, the term ‘‘victim 
of trafficking’’ has the meaning given the term in section 
103 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102). 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
SEC. 235. PREVENTING UNITED STATES TRAVEL BY TRAF-
FICKERS. 
Section 212(a)(2)(H)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by 
striking ‘‘consular officer’’ and inserting ‘‘consular officer, 
the Secretary of State,’’. 
SEC. 236. ENHANCING EFFORTS TO COMBAT THE TRAF-
FICKING OF CHILDREN. 
(a) FINDINGS AND SENSE OF CONGRESS.— 
(1) FINDINGS.—The Congress finds as follows: 
(A) The United States Government cur-
rently estimates that up to 17,500 individuals 
are trafficked into the United States each year. 
Of these, some 50 percent are believed to be 
under the age of 18. Many of these children are 
victims of sex trafficking and are forced into 
prostitution and other exploitative activities in 
the United States. 
(B) Despite the large number of children 
trafficked into the United States every year, the 
Department of Health and Human Services has 
identified an average of 20 children per year as 
trafficking victims through fiscal year 2006. 
This disparity between estimated and identified 
victims demonstrates that much more needs to 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
be done in educating individuals who may be 
coming into contact with trafficked children. 
(2) SENSE OF CONGRESS.—It is the sense of 
the Congress that, to the extent consistent with the 
treaties and other international agreements to which 
the United States is a party, and to the extent prac-
ticable, the United States Government should under-
take efforts to protect children from severe forms of 
trafficking and ensure that it does not repatriate 
children in Federal custody into settings that would 
threaten their life or safety. 
(b) COMBATTING CHILD TRAFFICKING AT THE BOR-
DER AND PORTS OF ENTRY OF THE UNITED STATES.— 
(1) POLICIES AND PROCEDURES.—In order to 
enhance the efforts of the United States to prevent 
trafficking in persons, the Secretary of State, in con-
junction with the Secretary of Homeland Security 
and the Secretary of Health and Human Services, 
shall develop policies and procedures to ensure that 
unaccompanied alien children in the United States 
are safely repatriated to their country of nationality 
or of last habitual residence. 
(2) SPECIAL RULES FOR CHILDREN FROM CON-
TIGUOUS COUNTRIES.— 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
(A) 
DETERMINATIONS.—Any 
unaccom-
panied alien child who is a national or habitual 
resident of a country that is contiguous with 
the United States and has an agreement in 
writing with the United States described in sub-
paragraph (C), shall be treated in accordance 
with subparagraph (B), if the Secretary of 
Homeland Security determines, on a case-by- 
case basis, that— 
(i) such child has not been a victim of 
a severe form of trafficking in persons, and 
such child does not have a fear of being 
trafficked upon return to the child’s coun-
try of nationality or of last habitual resi-
dence; 
(ii) such child does not have a fear of 
returning to the child’s country of nation-
ality or of last habitual residence owing to 
a fear of persecution; 
(iii) the return of such child to the 
child’s country of nationality or of last ha-
bitual residence would not endanger the 
life or safety of such child; and 
(iv) the child is able to make an inde-
pendent decision to withdraw the child’s 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
application for admission to the United 
States. 
(B) RETURN.—An immigration officer who 
finds an unaccompanied alien child described in 
subparagraph (A) at a land border or port of 
entry of the United States and determines that 
such child is inadmissible under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.) shall— 
(i) permit such child to withdraw the 
child’s application for admission pursuant 
to section 235(a)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1225(a)(4)); 
and 
(ii) return such child to the child’s 
country of nationality or country of last 
habitual residence. 
(C) 
CONTIGUOUS
COUNTRY
AGREE-
MENTS.—The Secretary of State shall ensure 
that any agreements entered into between the 
United States and a country contiguous to the 
United States with respect to the repatriation 
of children shall be designed to protect children 
from severe forms of trafficking in persons. 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
screened to determine whether the child meets the 
criteria listed in paragraph (2)(A). If the child does 
not meet such criteria, or if no determination can be 
made within 48 hours of apprehension, the child 
shall immediately be transferred to the Secretary of 
Health and Human Services and treated in accord-
ance with subsection (c). 
(5) ENSURING
THE
SAFE
REPATRIATION
OF 
CHILDREN.— 
(A) REPATRIATION PILOT PROGRAM.—To 
protect children from trafficking and exploi-
tation, the Secretary of State shall create a 
pilot program, in conjunction with non-govern-
mental organizations and other national and 
international agencies and experts, to develop 
and implement best practices to ensure the safe 
and secure repatriation and reintegration of un-
accompanied alien children into their country of 
nationality or of last habitual residence, includ-
ing placement with their families or other spon-
soring agencies. 
(B) ASSESSMENT
OF
COUNTRY
CONDI-
TIONS.—The Secretary of Homeland Security 
shall consult the Country Reports on Human 
Rights Practices and the Trafficking in Persons 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
Report in assessing whether to repatriate an 
unaccompanied alien child to a particular coun-
try. Such assessment shall consider whether 
there is reasonable risk that repatriation of an 
unaccompanied alien child would threaten the 
life or safety of the child. 
(C) REPORT ON REPATRIATION OF UNAC-
COMPANIED ALIEN CHILDREN.—Not later than 
18 months after the date of the enactment of 
this Act, and annually thereafter, the Secretary 
of Homeland Security, in conjunction with the 
Secretary of State and Secretary of Health and 
Human Services, shall submit a report to the 
Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of 
Representatives on efforts to repatriate unac-
companied alien children. Such report shall in-
clude— 
(i) the number of unaccompanied 
alien children ordered removed and the 
number of such children actually removed 
from the United States; 
(ii) a statement of the nationalities, 
ages, and gender of such children; 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
(iii) a description of the policies and 
procedures used to effect the removal of 
such children from the United States and 
the steps taken to ensure that such chil-
dren were safely and humanely repatriated 
to their country of nationality or of last 
habitual residence, including a description 
of the repatriation pilot program created 
pursuant to subparagraph (A); 
(iv) a description of the type of immi-
gration relief sought and denied to such 
children; 
(v) any information gathered in as-
sessments of country and local conditions 
pursuant to paragraph (2); and 
(vi) statistical information and other 
data on unaccompanied alien children as 
provided for in section 462(b)(1)(J) of the 
Homeland Security Act of 2002 (6 U.S.C. 
279(b)(1)(J)). 
(D) 
PLACEMENT
IN
REMOVAL
PRO-
CEEDINGS.—Any unaccompanied alien child 
sought to be removed by the Department of 
Homeland Security, except for an unaccom-
panied alien child from a contiguous country 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
subject to exceptions under subsection (b)(2), 
shall be placed in removal proceedings under 
section 240 of the Immigration and Nationality 
Act (8 U.S.C. 1229a). 
(c) COMBATTING CHILD TRAFFICKING AND EXPLOI-
TATION IN THE UNITED STATES.— 
(1) CARE AND CUSTODY OF UNACCOMPANIED 
ALIEN CHILDREN.— 
(A) IN
GENERAL.—Except as otherwise 
provided under subparagraphs (B) and (C) and 
subsection (b), the care and custody of all unac-
companied alien children, including responsi-
bility for their detention, where appropriate, 
shall be the responsibility of the Secretary of 
Health and Human Services. 
(B) EXCEPTION FOR CHILDREN WHO HAVE 
COMMITTED
CRIMES.—Notwithstanding 
sub-
paragraph (A), the Attorney General shall re-
tain or assume the custody and care of any un-
accompanied alien child who is pending pros-
ecution for a Federal crime or serving a sen-
tence pursuant to a conviction for a Federal 
crime. 
(C) EXCEPTION
FOR
CHILDREN
WHO 
THREATEN
NATIONAL
SECURITY.—Notwith-
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
standing subparagraph (A), the Secretary of 
Homeland Security shall retain or assume the 
custody and care of an unaccompanied alien 
child if the Secretary of Homeland Security has 
substantial evidence, based on an individualized 
determination, that such child could personally 
endanger the national security of the United 
States. 
(2) NOTIFICATION.—Each department or agen-
cy of the Federal Government shall notify the De-
partment of Health and Human services within 48 
hours upon— 
(A) the apprehension or discovery of an 
unaccompanied alien child; or 
(B) any claim or suspicion that an alien in 
the custody of such department or agency is 
under 18 years of age. 
(3) TRANSFERS
OF
UNACCOMPANIED
ALIEN 
CHILDREN.—Any department or agency of the Fed-
eral Government that has an unaccompanied alien 
child in its custody shall transfer the custody of such 
child to the Secretary of Health and Human Serv-
ices within 72 hours— 
(A) upon a determination that such child 
is an unaccompanied alien child, if the child is 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
not described in subparagraph (B) or (C) of 
paragraph (1); or 
(B) if the custody and care of the child has 
been retained or assumed by the Attorney Gen-
eral under paragraph (1)(B) or by the Sec-
retary of Homeland Security under paragraph 
(1)(C), upon a determination that the child no 
longer meets the description set forth in such 
subparagraphs. 
(4) AGE DETERMINATIONS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Health and Human Services shall make an age 
determination for an alien described in para-
graph (2)(B) and take whatever other steps are 
necessary to determine whether such alien is el-
igible for treatment under this section or sec-
tion 462 of the Homeland Security Act of 2002 
(6 U.S.C. 279). 
(B) 
PROCEDURES.—The 
Secretary 
of 
Health and Human Services, in consultation 
with the Secretary of Homeland Security, shall 
develop procedures to make a prompt deter-
mination of the age of an alien, which proce-
dures shall be used by the Secretary of Home-
land Security and the Secretary of Health and 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
Human Services for children in their respective 
custody. At a minimum, these procedures shall 
permit the presentation of multiple forms of 
evidence, including the non-exclusive use of 
radiographs, to determine the age of the unac-
companied alien. 
(d) PROVIDING SAFE
AND SECURE PLACEMENTS 
FOR CHILDREN.— 
(1) POLICIES AND PROGRAMS.—The Secretary 
of Health and Human Services, Secretary of Home-
land Security, Attorney General, and Secretary of 
State shall establish policies and programs to ensure 
that unaccompanied alien children in the United 
States are protected from traffickers and other per-
sons seeking to victimize or otherwise engage such 
children in criminal, harmful, or exploitative activity, 
including policies and programs reflecting best prac-
tices in witness security programs. 
(2) SAFE AND SECURE PLACEMENTS.—Subject 
to section 462(b)(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied 
alien child in the custody of the Secretary of Health 
and Human Services shall be promptly placed in the 
least restrictive setting that is in the best interest of 
the child. Placement of child trafficking victims may 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
include placement with competent adult victims of 
the same trafficking scheme in order to ensure con-
tinuity of care and support. A child shall not be 
placed in a secure facility absent an independent 
finding that the child poses a danger to self or oth-
ers. 
(3) SAFETY AND SUITABILITY ASSESSMENTS.— 
(A) IN GENERAL.—Subject to the require-
ments of subparagraph (B), an unaccompanied 
alien child may not be placed with a person or 
entity unless the Secretary of Health and 
Human Services makes a determination that 
the proposed custodian is capable of providing 
for the child’s physical and mental well-being. 
Such determination shall, at a minimum, in-
clude verification of the custodian’s identity and 
relationship to the child, if any, as well as an 
independent finding that the individual has not 
engaged in any activity that would indicate a 
potential risk to the child. 
(B) HOME STUDIES.—Before placing the 
child with an individual, the Secretary of 
Health and Human Services shall determine 
whether a home study is first necessary. A 
home study shall be conducted for a child who 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
is a victim of a severe form of trafficking in 
persons, a special needs child with a disability 
(as defined in section 3 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12102(2))), 
or a child who has been a victim of physical or 
sexual abuse under circumstances that indicate 
that the child’s health or welfare has been sig-
nificantly harmed or threatened. The Secretary 
of Health and Human Services shall conduct 
follow-up services, during the pendency of re-
moval proceedings, on children and custodians 
for whom a home study was conducted. 
(C) DATABASE
ACCESS.—In conducting 
suitability assessments, the Secretary of Health 
and Human Services shall have access to all rel-
evant information in the appropriate Federal, 
State, and local law enforcement and immigra-
tion databases. 
(4) LEGAL
ORIENTATION
PRESENTATIONS.— 
The Secretary of Health and Human Services shall 
ensure that custodians receive legal orientation pres-
entations provided through the Legal Orientation 
Program administered by the Executive Office for 
Immigration Review. At a minimum, such presen-
tations shall address the custodian’s responsibility to 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
ensure the child’s appearance at all immigration pro-
ceedings and to protect the child from mistreatment, 
exploitation, and trafficking. 
(5) ACCESS
TO
COUNSEL.—The Secretary of 
Health and Human Services shall ensure, to the 
greatest extent practicable, that all unaccompanied 
alien children who are or have been in the custody 
of the Secretary or the Secretary of Homeland Secu-
rity, and who are not described in subsection 
(b)(2)(A), have competent counsel to represent them 
in legal proceedings or matters and protect them 
from mistreatment, exploitation, and trafficking. To 
the greatest extent practicable, the Secretary of 
Health and Human Services shall make every effort 
to utilize the services of competent pro bono counsel 
who agree to provide representation to such children 
without charge. 
(6) GUARDIANS AD LITEM.—The Secretary of 
Health and Human Services shall implement a pro-
gram to appoint independent guardians ad litem for 
child trafficking victims and other vulnerable unac-
companied alien children. A guardian ad litem shall 
be provided access to materials necessary to effec-
tively advocate for the best interest of the child. The 
guardian ad litem shall not be compelled to testify 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS
or provide evidence in any proceeding concerning 
any information or opinion received from the child in 
the course of serving as a guardian ad litem. The 
guardian ad litem shall be presumed to be acting in 
good faith and be immune from civil and criminal li-
ability for lawful conduct of duties as described in 
this provision. 
(7) 
CONFIDENTIALITY.—The 
Secretary 
of 
Health and Human Services shall maintain the pri-
vacy and confidentiality of all information gathered 
in the course of the care, custody, and placement of 
unaccompanied alien children, consistent with its 
role and responsibilities under the Homeland Secu-
rity Act of 2002 to act as guardian in loco parentis 
in the best interest of the unaccompanied alien child, 
by not disclosing such information to other govern-
ment agencies or nonparental third parties. The Sec-
retary may provide information to a duly recognized 
law enforcement entity in connection with a prosecu-
tion or investigation of an offense described in para-
graph (2) or (3) of section 212(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)), when 
such information is requested in writing by such en-
tity. 
VerDate Aug 31 2005 
22:01 Oct 19, 2007
Jkt 059200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H3887.IH
H3887
mstockstill on PROD1PC66 with BILLS