217 
(4) in the case of an LGBTQI child— 
(A) shall— 
(i) ensure that the child is housed ac-
cording to an assessment of the child’s 
gender identity and housing preference, 
health and safety needs, and State and 
local licensing standards; 
(ii) offer an individualized assessment 
to determine whether additional or alter-
nate restroom accommodations should be 
provided; 
(iii) allow the child to dress and ex-
press themselves according to their gender 
identity; 
(iv) allow the child to choose the gen-
der of staff that will conduct a pat-down 
search if such a search is necessary; and 
(v) consider the child’s gender self- 
identification and the effects of a housing 
assignment on the child’s health and safe-
ty; and 
(B) shall not— 
(i) label the child as a likely abuser or 
punish the child for the child’s sexual ori-
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entation, gender identity, or gender expres-
sion; or 
(ii) isolate or involuntarily segregate 
the noncitizen child solely because of the 
child’s sexual orientation, gender identity, 
or gender expression. 
TITLE 
VIII—INFORMATION 
SHAR- 
ING AND DATA PROTECTION 
SEC. 801. SEPARATION OF RECORDS. 
The Director shall ensure that— 
(1) all unaccompanied noncitizen children’s per-
sonal information and Office of Refugee Resettle-
ment case files and records are maintained sepa-
rately and apart from such children’s immigration 
files (commonly known as ‘‘A-Files’’); and 
(2) such case files and records are not acces-
sible by the Department of Homeland Security. 
SEC. 802. PROHIBITION ON USE FOR DENIAL OF RELIEF OR 
IN REMOVAL PROCEEDINGS. 
An unaccompanied noncitizen child’s Office of Ref-
ugee Resettlement case file or record shall not be used 
by the Secretary of Homeland Security or the Attorney 
General— 
(1) to deny any application for relief; or 
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(2) to facilitate involuntary removal in any pro-
ceeding, including expedited removal, reinstatement 
of removal, and proceedings under section 362 or 
365 of the Public Health Service Act (42 U.S.C. 
265, 268). 
SEC. 803. DISCLOSURE. 
(a) INFORMED CONSENT REQUIRED.— 
(1) IN
GENERAL.—The personal information 
and Office of Refugee Resettlement case file and 
records of an unaccompanied noncitizen child— 
(A) shall be confidential; and 
(B) subject to paragraph (2), may only be 
disclosed if the child has— 
(i) consulted with the child’s legal 
counsel; and 
(ii) provided informed consent for dis-
closure. 
(2) CHILDREN UNDER 12 YEARS OF AGE.—In 
the case of an unaccompanied noncitizen child under 
the age of 12 years, only the parent, legal guardian, 
or sponsor may provide consent for disclosure of the 
personal information or Office of Refugee Resettle-
ment case file of the child. 
(3) SUBSEQUENT DISCLOSURE PROHIBITED.— 
Once disclosed, the personal information or Office of 
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Refugee Resettlement case file of an unaccompanied 
noncitizen child may not be subsequently disclosed 
to a third party unless the child has— 
(A) consulted with his or her legal counsel; 
and 
(B) provided informed consent for disclo-
sure. 
SEC. 804. PROHIBITION ON INFORMATION SHARING. 
(a) CHILD IN CUSTODY AND PROSPECTIVE SPON-
SORS.—The Director may not provide any information 
about an unaccompanied noncitizen child in the custody 
of the Secretary, or prospective sponsors, to the Attorney 
General or the Secretary of Homeland Security without 
consent of the unaccompanied noncitizen child concerned 
or the prospective sponsor, as applicable, and the legal 
counsel of the child or sponsor, respectively. 
(b) IMMIGRATION ENFORCEMENT.— 
(1) IN GENERAL.—The sharing of any informa-
tion between the Office of Refugee Resettlement and 
the Department of Homeland Security for purposes 
of immigration enforcement is prohibited. 
(2) EXPLANATION
FOR
PROSPECTIVE
SPON-
SORS.—The Director shall ensure that Office of Ref-
ugee Resettlement communications with sponsors 
and prospective sponsors, including the family reuni-
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fication application packet, includes an explanation 
that information provided to the Office of Refugee 
Resettlement may only be shared with the Depart-
ment of Homeland Security if the child and sponsor 
or prospective sponsor concerned have provided in-
formed consent. 
(c) RELIEF FROM REMOVAL.—The sharing of any in-
formation between the Office of Refugee Resettlement and 
the Department of Homeland Security or the Department 
of Justice for purposes of relief from removal is prohib-
ited. 
(d) EXCEPTIONS.— 
(1) IN GENERAL.—The Secretary may provide 
for the disclosure of information in the same manner 
and circumstances as census information may be 
disclosed by the Secretary of Commerce under sec-
tion 8 of title 13, United States Code. 
(2) NATIONAL SECURITY PURPOSES.—The Sec-
retary may provide for the disclosure of information 
to national security officials to be used solely for a 
national security purpose in a manner that protects 
the confidentiality of such information. 
(3) LAW ENFORCEMENT PURPOSES.—The Sec-
retary may provide for the disclosure of information 
to law enforcement officials to be used solely for a 
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legitimate law enforcement purpose in a manner that 
protects the confidentiality of such information. 
(4) ELIGIBILITY
FOR
BENEFITS.—The Sec-
retary may disclose information to Federal, State, 
and local public and private agencies providing bene-
fits, to be used solely in making determinations of 
eligibility for benefits pursuant to section 431 of the 
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1641). 
(5) ADJUDICATION OF APPLICATIONS FOR RE-
LIEF.—Government entities adjudicating applica-
tions for relief under the immigration laws and gov-
ernment personnel carrying out mandated duties 
under section 101(i)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(i)(1)), may, with the 
prior written consent of the noncitizen involved, 
communicate with nonprofit, nongovernmental vic-
tims’ service providers for the sole purpose of assist-
ing victims in obtaining victim services from pro-
grams with expertise in working with immigrant vic-
tims. Agencies receiving referrals are bound by the 
provisions of this section. Nothing in this paragraph 
shall be construed as affecting the ability of an ap-
plicant to designate a safe organization through 
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which Governmental agencies may communicate with 
the applicant. 
(e) RULE OF CONSTRUCTION.—Subsections (a), (b), 
and (c) shall not be construed as preventing— 
(1) disclosure of information in connection with 
judicial review of a determination in a manner that 
protects the confidentiality of such information; or 
(2) the Secretary from disclosing to the chair 
and ranking members of the Committee on the Judi-
ciary of the Senate or the Committee on the Judici-
ary of the House of Representatives, for the exercise 
of congressional oversight authority, information on 
closed cases under this section in a manner that pro-
tects the confidentiality of such information and that 
omits personally identifying information (including 
locational information about individuals). 
SEC. 805. COUNSELING RECORDS. 
(a) IN GENERAL.—Subject to subsection (b), infor-
mation shared by an unaccompanied noncitizen child in 
counseling sessions, and written records and notes of 
counseling sessions, may not be shared with the child’s 
case management specialist or any other employee of the 
Office of Refugee Resettlement, the Department of Health 
and Human Services, the Department of Justice, or the 
Department of Homeland Security. 
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(b) DISCLOSURE.—The information, records, and 
notes described in subsection (a) may be shared— 
(1) with an employee described in that sub-
section only if the child presents a documented im-
minent threat to himself or herself or to any other 
individual; or 
(2) with the Department of Justice or the De-
partment of Homeland Security if the child has— 
(A) consulted with his or her legal counsel; 
and 
(B) provides informed consent for the dis-
closure. 
(c) JUVENILE INFORMATION.— 
(1) IN GENERAL.—Juvenile information, includ-
ing records of children separated from family, shall 
remain confidential regardless of the child’s immi-
gration status. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
Act may be construed as authorizing— 
(A) the disclosure of juvenile information 
to Federal officials absent a court order of the 
judge of the juvenile court on filing a petition; 
(B) the dissemination of juvenile informa-
tion to, or by, Federal officials absent a court 
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order of the judge of the juvenile court on filing 
a petition; 
(C) the attachment of juvenile information 
to any other document given to, or provided by, 
Federal officials absent prior approval of the 
presiding judge of the juvenile court; or 
(D) any disclosure that would otherwise 
violate this Act. 
(3) DEFINITION OF JUVENILE INFORMATION.— 
In this section, the term ‘‘juvenile information’’ in-
cludes the juvenile case file and information related 
to a noncitizen child (including the name, date, and 
place of birth of the child, the child’s health and 
education records, and the immigration status of the 
child) that is— 
(A) obtained or created independent of, or 
in connection with, immigration, asylum, or ju-
venile court proceedings of which the child is a 
subject; and 
(B) maintained by any Federal or State 
agency, including a court, probation office, child 
welfare agency, or law enforcement agency. 
SEC. 806. DATA PROTECTION FOR SPONSORS. 
(a) IN GENERAL.—With respect to any information 
required of sponsors or prospective sponsors or any data 
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collected in pursuit of sponsorship, the following protec-
tions shall apply: 
(1) Such information and data— 
(A) may not be disclosed for any purpose 
or effect other than reunification of the family 
unit, placement of a child with a sponsor, or 
oversight by Congress; 
(B) shall be immune from legal process; 
and 
(C) shall not, without the consent of the 
sponsor or prospective sponsor concerned, be 
admitted as evidence or used for any purpose in 
any action, suit, or other judicial or administra-
tive proceeding. 
(2) The Secretary or any other officer or em-
ployee of the Department of Health and Human 
Services may not— 
(A) use such information or data for any 
purpose other than for purposes of reunification 
under section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232); 
(B) make any publication in which such in-
formation or data can be identified; or 
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(C) permit any individual other than the 
sworn officers and employees of the Depart-
ment of Health and Human Services to exam-
ine such information or data. 
TITLE IX—MISCELLANEOUS 
PROVISION 
SEC. 901. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed— 
(1) to limit the rights of a noncitizen child— 
(A) to preserve 1 or more issues for judi-
cial review in the appeal of an individual case; 
or 
(B) to exercise any independent right the 
noncitizen child may otherwise have; 
(2) to affect the application of the Flores settle-
ment agreement to all children in immigration cus-
tody; 
(3) to abrogate, modify, or replace the Flores 
settlement agreement; or 
(4) to preclude or limit Flores settlement agree-
ment class counsel from conducting independent in-
vestigations or seeking enforcement actions relating 
to violations of the Flores settlement agreement in 
any appropriate district court of the United States. 
Æ 
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