[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4201 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4201
To transfer functions related to unaccompanied alien children to the
Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2021
Mr. Green of Tennessee introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To transfer functions related to unaccompanied alien children to the
Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migrant Accountability Act of
2021''.
SEC. 2. TRANSFER OF FUNCTIONS RELATED TO UNACCOMPANIED ALIEN CHILDREN.
Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Transfer of Functions.--There are transferred to the
Secretary of Homeland Security functions under the immigration laws of
the United States with respect to the care of unaccompanied alien
children that were vested by statute in, or performed by, the Director
of the Office of Refugee Resettlement of the Department of Health and
Human Services immediately before the effective date specified in
subsection (d).'';
(2) in subsection (b)--
(A) by striking ``Director of the Office of Refugee
Resettlement'' each place it appears and inserting
``Secretary of Homeland Security''; and
(B) in paragraph (1), by striking ``Director'' and
inserting ``Secretary'';
(3) by amending subsection (d) to read as follows:
``(d) Effective Date.--The effective date specified in this
subsection is the date of enactment of the Migrant Accountability Act
of 2021.''.
(4) in subsection (e)--
(A) in paragraph (1), by striking ``Director of the
Office of Refugee Resettlement'' and inserting
``Secretary of Homeland Security''; and
(B) in paragraph (2), by striking ``Office of
Refugee Resettlement of the Department of Health and
Human Services'' and inserting ``Department of Homeland
Security''; and
(5) in subsection (f)--
(A) by repealing paragraph (2);
(B) in paragraph (3)--
(i) by striking ``Department of Justice''
and inserting ``Department of Health and Human
Services'';
(ii) by striking ``the Immigration and
Naturalization Service'' and inserting ``the
Office of Refugee Resettlement''; and
(iii) by striking ``Director of the Office
of Refugee Resettlement for allocation to the
appropriate component of the Department of
Health and Human Services'' and inserting
``Secretary of Homeland Security for allocation
to the appropriate component of the Department
of Homeland Security''.
SEC. 3. CONFORMING AMENDMENTS.
Section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as
follows: ``Rules for unaccompanied alien
children'';
(ii) in subparagraph (A), by striking ``who
is a national or habitual resident of a country
that is contiguous with the United States'';
and
(iii) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Country agreements''; and
(II) by striking ``countries
contiguous to the United States'' and
inserting ``other countries'';
(B) by striking paragraph (3);
(C) in paragraph (4), by striking ``immediately be
transferred to the Secretary of Health and Human
Services and treated in accordance with subsection
(b)'' and inserting ``be treated in accordance with
subsection (b)''; and
(D) in paragraph (5)(D), by striking
``contiguous''; and
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Care and custody of unaccompanied alien children.--
The care and custody of all unaccompanied alien children,
including responsibility for their detention, where
appropriate, shall be the responsibility of the Secretary of
Homeland Security.''.
(B) in paragraph (2), by striking ``Department of
Health and Human services'' and inserting ``Department
of Homeland Security'';
(C) in paragraph (3), by striking ``Secretary of
Health and Human Services'' and inserting ``Secretary
of Homeland Security''; and
(D) in paragraph (4), by amending the first
sentence to read as follows: ``The Secretary of
Homeland Security, in consultation with the Secretary
of Health and Human Services, shall develop procedures
to make a prompt determination of the age of an alien,
which shall be used by the Secretary of Homeland
Security for children in their custody.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by amending the heading to read
as follows: ``Minors in department of
homeland security custody''; and
(II) by striking ``Secretary of
Health and Human Services'' and
inserting ``Secretary of Homeland
Security''; and
(ii) by striking subparagraph (B);
(B) in paragraph (3)--
(i) by striking ``Secretary of Health and
Human Services'' each place it appears and
inserting ``Secretary of Homeland Security'';
and
(ii) by repealing subparagraph (C);
(C) in paragraph (4), by striking ``Secretary of
Health and Human Services'' and inserting ``Secretary
of Homeland Security'';
(D) in paragraph (5), by striking ``Secretary of
Health and Human Services'' and inserting ``Secretary
of Homeland Security''; and
(E) in paragraph (6), by striking ``Secretary of
Health and Human Services'' each place it appears and
inserting ``Secretary of Homeland Security'';
(4) in subsection (d)(4)(A), by striking ``Secretary of
Health and Human Services'' and inserting ``Secretary of
Homeland Security''; and
(5) by adding at the end the following:
``(j) DNA Testing.--Prior to placing an unaccompanied alien child
into the custody of a sponsor who claims to be a biological relative of
the child, the Secretary shall confirm the existence of such a
relationship using DNA technology. For purposes of this subsection, a
biological relative includes a grandfather, grandmother, brother,
sister, aunt, uncle, parent, and first cousin.
``(k) Limitation on Placement.--The Secretary of Homeland Security,
or their designee, shall not place an unaccompanied alien child in a
State, including in a Federal Government facility in a State, if the
Governor of that State does not consent to such placement. This
subsection does not apply to the placement of an unaccompanied alien
child with a biological relative with whom the existence of such a
relationship has been confirmed using DNA technology in accordance with
subsection (j).''.
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