In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL ASSISTANCE 
              PERCENTAGE DURING PERIODS OF NATIONAL ECONOMIC DOWNTURN.

    (a) National Economic Downturn Assistance FMAP.--
            (1) In general.--Section 1905 of the Social Security Act 
        (42 U.S.C. 1396d) is amended--
                    (A) in subsection (b), in the first sentence--
                            (i) by striking ``and (4)'' and inserting 
                        ``(4)''; and
                            (ii) by inserting ``and (5) with respect to 
                        each fiscal year quarter other than the first 
                        quarter of a national economic downturn 
                        assistance period described in subsection 
                        (y)(1), the Federal medical assistance 
                        percentage for any State described in 
                        subsection (y)(2) shall be equal to the 
                        national economic downturn assistance FMAP 
                        determined for the State for the quarter under 
                        subsection (y)(3)'' before the period; and
                    (B) by adding at the end the following:
    ``(y) National Economic Downturn Assistance FMAP.--For purposes of 
clause (5) of the first sentence of subsection (b):
            ``(1) National economic downturn assistance period.--A 
        national economic downturn assistance period described in this 
        paragraph--
                    ``(A) begins with the first fiscal year quarter for 
                which the Secretary determines that for at least 23 
                States, the rolling average unemployment rate for that 
                quarter has increased by at least 10 percent over the 
                corresponding quarter for the most recent preceding 12-
                month period for which data are available (in this 
                subsection referred to as the `trigger quarter'); and
                    ``(B) ends with the first succeeding fiscal year 
                quarter for which the Secretary determines that less 
                than 23 States have a rolling average unemployment rate 
                for that quarter with an increase of at least 10 
                percent over the corresponding quarter for the most 
                recent preceding 12-month period for which data are 
                available.
            ``(2) Eligible state.--A State described in this paragraph 
        is a State for which the Secretary determines that the rolling 
        average unemployment rate for the State for any quarter 
        occurring during a national economic downturn assistance period 
        described in paragraph (1) has increased over the corresponding 
        quarter for the most recent preceding 12-month period for which 
        data are available.
            ``(3) Determination of national economic downturn 
        assistance fmap.--
                    ``(A) In general.--The national economic downturn 
                assistance FMAP for a fiscal year quarter determined 
                with respect to a State under this paragraph is equal 
                to the Federal medical assistance percentage for the 
                State for that quarter increased by the number of 
                percentage points determined by--
                            ``(i) dividing--
                                    ``(I) the Medicaid additional 
                                unemployed increased cost amount 
                                determined under subparagraph (B) for 
                                the quarter; by
                                    ``(II) the State's total Medicaid 
                                quarterly spending amount determined 
                                under subparagraph (C) for the quarter; 
                                and
                            ``(ii) multiplying the quotient determined 
                        under clause (i) by 100.
                    ``(B) Medicaid additional unemployed increased cost 
                amount.--For purposes of subparagraph (A)(i)(I), the 
                Medicaid additional unemployed increased cost amount 
                determined under this subparagraph with respect to a 
                State and a quarter is the product of the following:
                            ``(i) State increase in rolling average 
                        number of unemployed individuals from the base 
                        quarter of unemployment.--
                                    ``(I) In general.--The amount 
                                determined by subtracting the rolling 
                                average number of unemployed 
                                individuals in the State for the base 
                                unemployment quarter for the State 
                                determined under subclause (II) from 
                                the rolling average number of 
                                unemployed individuals in the State for 
                                the quarter.
                                    ``(II) Base unemployment quarter 
                                defined.--
                                            ``(aa) In general.--For 
                                        purposes of subclause (I), 
                                        except as provided in item 
                                        (bb), the base quarter for a 
                                        State is the quarter with the 
                                        lowest rolling average number 
                                        of unemployed individuals in 
                                        the State in the 12-month 
                                        period preceding the trigger 
                                        quarter for a national economic 
                                        downturn assistance period 
                                        described in paragraph (1).
                                            ``(bb) Exception.--If the 
                                        rolling average number of 
                                        unemployed individuals in a 
                                        State for a quarter occurring 
                                        during a national economic 
                                        downturn assistance period 
                                        described in paragraph (1) is 
                                        less than the rolling average 
                                        number of unemployed 
                                        individuals in the State for 
                                        the base quarter determined 
                                        under item (aa), that quarter 
                                        shall be treated as the base 
                                        quarter for the State for such 
                                        national economic downturn 
                                        assistance period.
                            ``(ii) National average amount of 
                        additional federal medicaid spending per 
                        additional unemployed individual.--In the case 
                        of--
                                    ``(I) a calendar quarter occurring 
                                in fiscal year 2012, $350; and
                                    ``(II) a calendar quarter occurring 
                                in any succeeding fiscal year, the 
                                amount applicable under this clause for 
                                calendar quarters occurring during the 
                                preceding fiscal year, increased by the 
                                annual percentage increase in the 
                                medical care component of the consumer 
                                price index for all urban consumers 
                                (U.S. city average), as rounded up in 
                                an appropriate manner.
                            ``(iii) State nondisabled, nonelderly 
                        adults and children medicaid spending index.--
                                    ``(I) In general.--With respect to 
                                a State, the quotient (not to exceed 
                                1.00) of--
                                            ``(aa) the State 
                                        expenditure per person in 
                                        poverty amount determined under 
                                        subclause (II); divided by--
                                            ``(bb) the National 
                                        expenditure per person in 
                                        poverty amount determined under 
                                        subclause (III).
                                    ``(II) State expenditure per person 
                                in poverty amount.--For purposes of 
                                subclause (I)(aa), the State 
                                expenditure per person in poverty 
                                amount is the quotient of--
                                            ``(aa) the total amount of 
                                        annual expenditures by the 
                                        State for providing medical 
                                        assistance under the State plan 
                                        to nondisabled, nonelderly 
                                        adults and children; divided by
                                            ``(bb) the total number of 
                                        nonelderly adults and children 
                                        in poverty who reside in the 
                                        State, as determined under 
                                        paragraph (4)(A).
                                    ``(III) National expenditure per 
                                person in poverty amount.--For purposes 
                                of subclause (I)(bb), the National 
                                expenditure per person in poverty 
                                amount is the quotient of--
                                            ``(aa) the sum of the total 
                                        amounts determined under 
                                        subclause (II)(aa) for all 
                                        States; divided by
                                            ``(bb) the sum of the total 
                                        amounts determined under 
                                        subclause (II)(bb) for all 
                                        States.
                    ``(C) State's total medicaid quarterly spending 
                amount.--For purposes of subparagraph (A)(i)(II), the 
                State's total Medicaid quarterly spending amount 
                determined under this subparagraph with respect to a 
                State and a quarter is the amount equal to--
                            ``(i) the total amount of expenditures by 
                        the State for providing medical assistance 
                        under the State plan to all individuals 
                        enrolled in the plan for the most recent fiscal 
                        year for which data is available; divided by
                            ``(ii) 4.
            ``(4) Data.--In making the determinations required under 
        this subsection, the Secretary shall use, in addition to the 
        most recent available data from the Bureau of Labor Statistics 
        Local Area Unemployment Statistics for each State referred to 
        in paragraph (5), the most recently available--
                    ``(A) data from the Bureau of the Census with 
                respect to the number of nonelderly adults and children 
                who reside in a State described in paragraph (2) with 
                family income below the poverty line (as defined in 
                section 2110(c)(5)) applicable to a family of the size 
                involved (or, if the Secretary determines it 
                appropriate, a multiyear average of such data);
                    ``(B) data reported to the Secretary by a State 
                described in paragraph (2) with respect to expenditures 
                for medical assistance under the State plan under this 
                title for nondisabled, nonelderly adults and children; 
                and
                    ``(C) econometric studies of the responsiveness of 
                Medicaid enrollments and spending to changes in rolling 
                average unemployment rates and other factors, including 
                State spending on certain Medicaid populations.
            ``(5) Definition of `rolling average number of unemployed 
        individuals', `rolling average unemployment rate'.--In this 
        subsection, the term--
                    ``(A) `rolling average number of unemployed 
                individuals' means, with respect to a calendar quarter 
                and a State, the average of the 12 most recent months 
                of seasonally adjusted unemployment data for each 
                State;
                    ``(B) `rolling average unemployment rate' means, 
                with respect to a calendar quarter and a State, the 
                average of the 12 most recent monthly unemployment 
                rates for the State; and
                    ``(C) `monthly unemployment rate' means, with 
                respect to a State, the quotient of--
                            ``(i) the monthly seasonally adjusted 
                        number of unemployed individuals for the State; 
                        divided by
                            ``(ii) the monthly seasonally adjusted 
                        number of the labor force for the State,
        using the most recent data available from the Bureau of Labor 
        Statistics Local Area Unemployment Statistics for each State.
            ``(6) Increase in cap on payments to territories.--With 
        respect to any fiscal year quarter for which the national 
        economic downturn assistance Federal medical assistance 
        percentage applies to Puerto Rico, the Virgin Islands, Guam, 
        the Northern Mariana Islands, or American Samoa, the amounts 
        otherwise determined for such commonwealth or territory under 
        subsections (f) and (g) of section 1108 shall be increased by 
        such percentage of such amounts as the Secretary determines is 
        equal to twice the average increase in the national economic 
        downturn assistance FMAP determined for all States described in 
        paragraph (2) for the quarter.
            ``(7) Scope of application.--The national economic downturn 
        assistance FMAP shall only apply for purposes of payments under 
        section 1903 for a quarter and shall not apply with respect 
        to--
                    ``(A) disproportionate share hospital payments 
                described in section 1923;
                    ``(B) payments under title IV or XXI; or
                    ``(C) any payments under this title that are based 
                on the enhanced FMAP described in section 2105(b).
            ``(8) Additional requirement for certain states.--In the 
        case of a State described in paragraph (2) that requires 
        political subdivisions within the State to contribute toward 
        the non-Federal share of expenditures required under section 
        1902(a)(2), the State shall not require that such political 
        subdivisions pay for any fiscal year quarters occurring during 
        a national economic downturn assistance period a greater 
        percentage of the non-Federal share of such expenditures, or a 
        greater percentage of the non-Federal share of payments under 
        section 1923, than the respective percentage that would have 
        been required by the State under State law in effect on the 
        first day of the fiscal year quarter occurring immediately 
        prior to the trigger quarter for the period.''.
            (2) Effective date; no retroactive application.--The 
        amendments made by paragraph (1) take effect on January 1, 
        2012. In no event may a State receive a payment on the basis of 
        the national economic downturn assistance Federal medical 
        assistance percentage determined for the State under section 
        1905(y)(3) of the Social Security Act for amounts expended by 
        the State prior to January 1, 2012.
    (b) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        shall analyze the previous periods of national economic 
        downturn, including the most recent such period in effect as of 
        the date of enactment of this Act, and the past and projected 
        effects of temporary increases in the Federal medical 
        assistance percentage under the Medicaid program with respect 
        to such periods.
            (2) Report.--Not later than April 1, 2011, the Comptroller 
        General of the United States shall submit a report to Congress 
        on the results of the analysis conducted under paragraph (1). 
        Such report shall include such recommendations as the 
        Comptroller General determines appropriate for modifying the 
        national economic downturn assistance FMAP established under 
        section 1905(y) of the Social Security Act (as added by 
        subsection (a)) to improve the effectiveness of the application 
        of such percentage in addressing the needs of States during 
        periods of national economic downturn, including 
        recommendations for--
                    (A) improvements to the factors that begin and end 
                the application of such percentage;
                    (B) how the determination of such percentage could 
                be adjusted to address State and regional economic 
                variations during such periods; and
                    (C) how the determination of such percentage could 
                be adjusted to be more responsive to actual Medicaid 
                costs incurred by States during such periods, as well 
                as to the effects of any other specific economic 
                indicators that the Comptroller General determines 
                appropriate.
[EX A]: Amends title XIX (Medicaid) of the Social Security Act to authorize an automatic increase in the federal medical assistance percentage (FMAP) for any eligible state during periods of national economic downturn.

Directs the Comptroller General to analyze and report to Congress on previous periods of national economic downturn, including the most recent one, and the past and projected effects of temporary increases in the Medicaid FMAP with respect to them.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Territorial Health Parity Act of 
2009''.

SEC. 2. MEDICAID PAYMENT PARITY FOR THE TERRITORIES.

    (a) Elimination of Funding Limitations for Puerto Rico, the Virgin 
Islands, Guam, the Northern Mariana Islands, and American Samoa.--
            (1) In general.--Section 1108 of the Social Security Act 
        (42 U.S.C. 1308) is amended--
                    (A) in subsection (f), in the matter before 
                paragraph (1), by striking ``subsection (g)'' and 
                inserting ``subsections (g) and (h)'';
                    (B) in subsection (g)(2), in the matter before 
                subparagraph (A), by inserting ``and subsection (h)'' 
                after ``paragraph (3)''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(h) Sunset of Funding Limitations for Puerto Rico, the Virgin 
Islands, Guam, the Northern Mariana Islands, and American Samoa.--
Subsections (f) and (g) shall not apply to Puerto Rico, the Virgin 
Islands, Guam, the Northern Mariana Islands, and American Samoa for any 
fiscal year after fiscal year 2009.''.
            (2) Conforming amendment.--Section 1903(u) of such Act (42 
        U.S.C. 1396c(u)) is amended by striking paragraph (4).
            (3) Effective date.--The amendments made by this subsection 
        shall apply beginning with fiscal year 2010.
    (b) Parity in FMAP.--
            (1) In general.--Section 1905(b)(2) of such Act (42 U.S.C. 
        1396d(b)(2)) is amended by inserting after ``50 per centum'' 
        the following: ``(except that, beginning with fiscal year 2012, 
        the Federal medical assistance percentage for Puerto Rico, the 
        Virgin Islands, Guam, the Northern Mariana Islands, and 
        American Samoa shall be the Federal medical assistance 
        percentage determined by the Secretary in consultation (for the 
        Virgin Islands, Guam, the Northern Mariana Islands, and 
        American Samoa) with the Secretary of the Interior)''.
            (2) 2-fiscal-year transition.--Notwithstanding any other 
        provision of law, during fiscal years 2010 and 2011, the 
        Federal medical assistance percentage established under section 
        1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for 
        Puerto Rico, the Virgin Islands, Guam, the Northern Mariana 
        Islands, and American Samoa shall be the highest such Federal 
        medical assistance percentage applicable to any of the 50 
        States or the District of Columbia for the fiscal year 
        involved, taking into account the application of subsections 
        (a) and (b)(1) of 5001 of division B of the American Recovery 
        and Reinvestment Act of 2009 (Public Law 111-5) to such States 
        and District for calendar quarters during such fiscal years for 
        which such subsections apply respectively.
            (3) Per capita income data.--
                    (A) Report to congress.--Not later than October 1, 
                2010, the Secretary of Health and Human Services shall 
                submit to Congress a report that describes the per 
                capita income data used to promulgate the Federal 
                medical assistance percentage in the territories and 
                how such data differ from the per capita income data 
                used to promulgate Federal medical assistance 
                percentages for the 50 States and the District of 
                Columbia. The report should include recommendations on 
                how the Federal medical assistance percentages can be 
                calculated for the territories to ensure parity with 
                the 50 States and the District of Columbia.
                    (B) Application.--Section 1101(a)(8)(B) of the 
                Social Security Act (42 U.S.C. 1308(a)(8)(B)) is 
                amended--
                            (i) by striking ``(other than Puerto Rico, 
                        the Virgin Islands, and Guam)'' and inserting 
                        ``(including Puerto Rico, the Virgin Islands, 
                        Guam, the Northern Mariana Islands, and 
                        American Samoa)''; and
                            (ii) by inserting ``(or, if such 
                        satisfactory data are not available in the case 
                        of the Virgin Islands, Guam, the Northern 
                        Mariana Islands, or American Samoa, 
                        satisfactory data available from the Department 
                        of the Interior for the same period, or if such 
                        satisfactory data are not available in the case 
                        of Puerto Rico, satisfactory data available 
                        from the Government of the Commonwealth of 
                        Puerto Rico for the same period)'' after 
                        ``Department of Commerce''.
            (4) Relation to american recovery and reinvestment act of 
        2009.--For any period and territory in which the provisions of 
        this subsection apply to a territory, the provisions of section 
        5001(b)(2) of division B of the American Recovery and 
        Reinvestment Act of 2009 (Public Law 111-5) shall not apply 
        (except as otherwise specifically provided in paragraph (2)).

SEC. 3. CLARIFICATION OF MEDICAID COVERAGE FOR CITIZENS OF FREELY 
              ASSOCIATED STATES.

    (a) In General.--Section 402(b)(2) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) 
is amended by adding at the end the following:
                    ``(G) Medicaid exception for citizens of freely 
                associated states.--With respect to eligibility for 
                benefits for the program defined in paragraph (3)(C) 
                (relating to the Medicaid program), paragraph (1) shall 
                not apply to any individual who lawfully resides in the 
                United States (including territories and possessions of 
                the United States) in accordance with the Compacts of 
                Free Association between the Government of the United 
                States and the Governments of the Federated States of 
                Micronesia, the Republic of the Marshall Islands, and 
                the Republic of Palau.''.
    (b) Conforming Definition of Qualified Alien.--Section 431(b) of 
such Act (8 U.S.C. 1641(b)) is amended--
            (1) in paragraph (6), by striking ``or'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(8) an individual who lawfully resides in the United 
        States (including territories and possessions of the United 
        States) in accordance with a Compact of Free Association 
        referred to in section 402(b)(2)(G), but only with respect to 
        the program defined in section 402(b)(3)(C) (relating to the 
        Medicaid program).''.
    (c) Setting FMAP at 100 Percent.--The third sentence of section 
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by 
inserting before the period at the end the following: ``and as medical 
assistance for individuals described in section 402(b)(2)(G) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 
1996''.
    (d) Effective Date.--The amendments made by this Act take effect on 
October 1, 2009, Act and apply to benefits and assistance provided on 
or after that date.
[EX A]: Territorial Health Parity Act of 2009 - Amends title XI of the Social Security Act (SSA) to sunset at the end of FY2009 the limitation on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.

Amends SSA title XIX (Medicaid) to: (1) repeal, as of the end of FY2011, the federal medical assistance percentage (FMAP) of 50% that applies to such territories; and (2) set the new FMAP for such territories at one determined by the Secretary of Health and Human Services (Secretary) in consultation with the Secretary of the Interior. Specifies a transitional FMAP for such territories for FY2010-FY2011.

Requires the Secretary to report to Congress on the per capita income data used to promulgate the FMAP in the territories and how such data differ from the per capita income data used to promulgate FMAPs for the 50 states and the District of Columbia. Requires the report to include recommendations on how FMAPs can be calculated for the territories to ensure parity with the 50 states and the District of Columbia.

Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the Medicaid program to the citizens of the Freely Associated States (Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau).

Amends SSA title XIX to set a 100% FMAP for otherwise qualified services rendered to such citizens.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Humane Enforcement and Legal 
Protections for Separated Children Act'' or the ``HELP Separated 
Children Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Apprehension.--The term ``apprehension'' means the 
        detention, arrest, or custody by officials of the Department of 
        Homeland Security or cooperating entities.
            (2) Child.--The term ``child'' has the meaning given to the 
        term in section 101(b)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(b)(1)).
            (3) Child welfare agency.--The term ``child welfare 
        agency'' means the State or local agency responsible for child 
        welfare services under subtitles B and E of title IV of the 
        Social Security Act (42 U.S.C. 601 et seq.).
            (4) Cooperating entity.--The term ``cooperating entity'' 
        means a State or local entity acting under agreement with, or 
        at the request of, the Department of Homeland Security.
            (5) Detention facility.--The term ``detention facility'' 
        means a Federal, State, or local government facility, or a 
        privately owned and operated facility, that is used to hold 
        individuals suspected or found to be in violation of the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
            (6) Immigration enforcement action.--The term ``immigration 
        enforcement action'' means the apprehension of, detention of, 
        or request for or issuance of a detainer for, 1 or more 
        individuals for suspected or confirmed violations of the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the 
        Department of Homeland Security or cooperating entities.
            (7) Local education agency.--The term ``local education 
        agency'' has the meaning given to the term in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (8) NGO.--The term ``NGO'' means a nongovernmental 
        organization that provides social services or humanitarian 
        assistance to the immigrant community.

SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED 
              ACTIVITIES.

    (a) Notification.--
            (1) Advance notification.--Subject to paragraph (2), when 
        conducting any immigration enforcement action, the Department 
        of Homeland Security and cooperating entities shall notify the 
        Governor of the State, the local child welfare agency, and 
        relevant State and local law enforcement before commencing the 
        action, or, if advance notification is not possible, 
        immediately after commencing such action, of--
                    (A) the approximate number of individuals to be 
                targeted in the immigration enforcement action; and
                    (B) the primary language or languages believed to 
                be spoken by individuals at the targeted site.
            (2) Hours of notification.--Whenever possible, advance 
        notification should occur during business hours and allow the 
        notified entities sufficient time to identify resources to 
        conduct the interviews described in subsection (b)(1).
            (3) Other notification.--When conducting any immigration 
        action, the Department of Homeland Security and cooperating 
        entities shall notify the relevant local education agency and 
        local NGOs of the information described in paragraph (1) 
        immediately after commencing the action.
    (b) Apprehension Procedures.--In any immigration enforcement 
action, the Department of Homeland Security and cooperating entities 
shall--
            (1) as soon as possible and not later than 6 hours after an 
        immigration enforcement action, provide licensed social workers 
        or case managers employed or contracted by the child welfare 
        agency or local NGOs with confidential access to screen and 
        interview individuals apprehended in such immigration 
        enforcement action to assist the Department of Homeland 
        Security or cooperating entity in determining if such 
        individuals are parents, legal guardians, or primary caregivers 
        of a child in the United States;
            (2) as soon as possible and not later than 8 hours after an 
        immigration enforcement action, provide any apprehended 
        individual believed to be a parent, legal guardian, or primary 
        caregiver of a child in the United States with--
                    (A) free, confidential telephone calls, including 
                calls to child welfare agencies, attorneys, and legal 
                services providers, to arrange for the care of children 
                or wards, unless the Department of Homeland Security 
                has reasonable grounds to believe that providing 
                confidential phone calls to the individual would 
                endanger public safety or national security; and
                    (B) contact information for--
                            (i) child welfare agencies in all 50 
                        States, the District of Columbia, all United 
                        States territories, counties, and local 
                        jurisdictions; and
                            (ii) attorneys and legal service providers 
                        capable of providing free legal advice or free 
                        legal representation regarding child welfare, 
                        child custody determinations, and immigration 
                        matters;
            (3) ensure that personnel of the Department of Homeland 
        Security and cooperating entities do not--
                    (A) interview individuals in the immediate presence 
                of children; or
                    (B) compel or request children to translate for 
                interviews of other individuals who are encountered as 
                part of an immigration enforcement action; and
            (4) ensure that any parent, legal guardian, or primary 
        caregiver of a child in the United States--
                    (A) receives due consideration of the best 
                interests of his or her children or wards in any 
                decision or action relating to his or her detention, 
                release, or transfer between detention facilities; and
                    (B) is not transferred from his or her initial 
                detention facility or to the custody of the Department 
                of Homeland Security until the individual--
                            (i) has made arrangements for the care of 
                        his or her children or wards; or
                            (ii) if such arrangements are impossible, 
                        is informed of the care arrangements made for 
                        the children and of a means to maintain 
                        communication with the children.
    (c) Nondisclosure and Retention of Information About Apprehended 
Individuals and Their Children.--
            (1) In general.--Information collected by child welfare 
        agencies and NGOs in the course of the screenings and 
        interviews described in subsection (b)(1) about an individual 
        apprehended in an immigration enforcement action may not be 
        disclosed to Federal, State, or local government entities or to 
        any person, except pursuant to written authorization from the 
        individual or his or her legal counsel.
            (2) Child welfare agency or ngo recommendation.--
        Notwithstanding paragraph (1), a child welfare agency or NGO 
        may--
                    (A) submit a recommendation to the Department of 
                Homeland Security or cooperating entities regarding 
                whether an apprehended individual is a parent, legal 
                guardian, or primary caregiver who is eligible for the 
                protections provided under this Act; and
                    (B) disclose information that is necessary to 
                protect the safety of the child, to allow for the 
                application of subsection (b)(4)(A), or to prevent 
                reasonably certain death or substantial bodily harm.

SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE 
              AGENCIES, AND CONSULAR OFFICIALS.

    (a) In General.--The Secretary of Homeland Security shall ensure 
that all detention facilities operated by or under agreement with the 
Department of Homeland Security implement procedures to ensure that the 
best interest of the child, including the best outcome for the family 
of the child, can be considered in any decision and action relating to 
the custody of children whose parent, legal guardian, or primary 
caregiver is detained as the result of an immigration enforcement 
action.
    (b) Access to Children, State and Local Courts, Child Welfare 
Agencies, and Consular Officials.--At all detention facilities operated 
by, or under agreement with, the Department of Homeland Security, the 
Secretary of Homeland Security shall--
            (1) ensure that individuals who are detained by reason of 
        their immigration status may receive the screenings and 
        interviews described in section 3(b)(1) not later than 6 hours 
        after their arrival at the detention facility;
            (2) ensure that individuals who are detained by reason of 
        their immigration status and are believed to be parents, legal 
        guardians, or primary caregivers of children in the United 
        States are--
                    (A) permitted daily phone calls and regular contact 
                visits with their children or wards;
                    (B) able to participate fully, and to the extent 
                possible in-person, in all family court proceedings and 
                any other proceeding impacting upon custody of their 
                children or wards;
                    (C) able to fully comply with all family court or 
                child welfare agency orders impacting upon custody of 
                their children or wards;
                    (D) provided with contact information for family 
                courts in all 50 States, the District of Columbia, all 
                United States territories, counties, and local 
                jurisdictions;
                    (E) granted free and confidential telephone calls 
                to child welfare agencies and family courts;
                    (F) granted free and confidential telephone calls 
                and confidential in-person visits with attorneys, legal 
                representatives, and consular officials;
                    (G) provided United States passport applications 
                for the purpose of obtaining travel documents for their 
                children or wards;
                    (H) granted adequate time before removal to obtain 
                passports and other necessary travel documents on 
                behalf of their children or wards if such children or 
                wards will accompany them on their return to their 
                country of origin or join them in their country of 
                origin; and
                    (I) provided with the access necessary to obtain 
                birth records or other documents required to obtain 
                passports for their children or wards; and
            (3) facilitate the ability of detained parents, legal 
        guardians, and primary caregivers to share information 
        regarding travel arrangements with their children or wards, 
        child welfare agencies, or other caregivers well in advance of 
        the detained individual's departure from the United States.

SEC. 5. MEMORANDA OF UNDERSTANDING.

    The Secretary of Homeland Security shall develop and implement 
memoranda of understanding or protocols with child welfare agencies and 
NGOs regarding the best ways to cooperate and facilitate ongoing 
communication between all relevant entities in cases involving a child 
whose parent, legal guardian, or primary caregiver has been apprehended 
or detained in an immigration enforcement action to protect the best 
interests of the child and the best outcome for the family of the 
child.

SEC. 6. MANDATORY TRAINING.

    The Secretary of Homeland Security, in consultation with the 
Secretary of Health and Human Services and independent child welfare 
experts, shall require and provide in-person training on the 
protections required under sections 3 and 4 to all personnel of the 
Department of Homeland Security and of States and local entities acting 
under agreement with the Department of Homeland Security who regularly 
come into contact with children or parents in the course of conducting 
immigration enforcement actions.

SEC. 7. RULEMAKING.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall promulgate regulations to 
implement this Act.

SEC. 8. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.
[EX A]:
Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, including: (1) providing the governor, local child welfare agencies, and local law enforcement with advance notice of an enforcement activity, if possible; (2) providing child welfare agencies and community organizations access to detained individuals to help DHS identify detainees who have children; (3) permitting detainees with children to make free phone calls to arrange for such children's care; and (4) requiring that the interests of children be considered in decisions regarding detainee release, detention, or transfer.

Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action; (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals; and (3) provide DHS personnel with appropriate training.