[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 772 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 772
To clarify responsibilities related to unaccompanied alien children, to
provide additional protections and tracking mechanisms for such
children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2021
Mr. Portman (for himself, Mr. Blumenthal, Mr. Lankford, and Mr. Carper)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To clarify responsibilities related to unaccompanied alien children, to
provide additional protections and tracking mechanisms for such
children, 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 ``Responsibility for Unaccompanied
Minors Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Health and Human Services, under
Federal law as in effect on the date of the enactment of this
Act, is responsible for the care of each unaccompanied alien
child in the United States, including any such child placed
with a sponsor, until the earlier of--
(A) the date on which the immigration proceedings
of the child are concluded; or
(B) the date on which the child attains 18 years of
age.
(2) Follow-up services provided to certain unaccompanied
alien children released to sponsors under section 235 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232) are valuable to
help ensure child safety, integration, and appearance at
immigration court proceedings.
SEC. 3. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF REFUGEE
RESETTLEMENT.
Section 462(b) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)) is amended by adding at the end the following:
``(5) Clarification of period of care.--
``(A) In general.--Pursuant to the obligation
established under section 235(b)(1) of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(b)(1)), the
Director of the Office of Refugee Resettlement is
authorized to care for and provide follow-up services
to an unaccompanied alien child, including any such
child placed with a sponsor, from the time the child is
identified as an unaccompanied alien child until the
earlier of--
``(i) the date on which the immigration
proceedings of such child are concluded; or
``(ii) the date on which the child attains
18 years of age.
``(B) Rule of construction.--Nothing in this
paragraph limits the authority of a State or local
welfare or emergency services provider to address an
allegation of abuse or neglect or an emergency
situation.
``(6) Follow-up services.--Before placing an unaccompanied
alien child with a sponsor, the Director of the Office of
Refugee Resettlement shall evaluate, to the extent possible,
the need for such child to receive follow-up services once such
child is placed with a sponsor.''.
SEC. 4. RESPONSIBILITIES OF THE SECRETARY OF HEALTH AND HUMAN SERVICES.
(a) Sponsor Care Agreement; Follow-Up Services.--Section 235(c)(3)
of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``custodian'' and inserting
``sponsor''; and
(B) by striking ``custodian's'' and inserting
``sponsor's'';
(2) in subparagraph (B), by adding at the end the
following: ``Neither an unaccompanied alien child nor any
sponsor of such child may refuse the follow-up services
required or authorized under the preceding sentence.'';
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following:
``(C) Sponsor care agreement.--
``(i) In general.--Before the Secretary of
Health and Human Services places an
unaccompanied alien child with a sponsor, the
proposed sponsor shall execute a sponsor care
agreement.
``(ii) Requirements.--
``(I) In general.--A sponsor care
agreement required under clause (i)
shall include an agreement by the
sponsor--
``(aa) to provide for the
physical and mental well-being
of such child, including
providing food, shelter,
clothing, education, medical
care, and other services, as
needed;
``(bb) to ensure the
child's presence at all future
immigration proceedings related
to such child;
``(cc) to notify local law
enforcement or the appropriate
State or local child protective
services agency if such child
has been, or is, at risk of
being physically, mentally, or
sexually abused, abandoned,
neglected, threatened, or
kidnapped;
``(dd) to notify the
Secretary of Health and Human
Services if the sponsorship
status of such child has
changed for any reason,
including a change of custodian
or sponsor, kidnapping, or
flight;
``(ee) to accept any
follow-up services authorized
or required under subparagraph
(B);
``(ff) to comply with, and
ensure the compliance of, such
child with all lawful orders of
a court of the United States or
Federal agency with
jurisdiction related to the
child; and
``(gg) to notify the
Secretary of Health and Human
Services, the Director of U.S.
Citizenship and Immigration
Services, and the Director of
the Executive Office for
Immigration Review of the
current mailing address of such
child if such address changes.
``(II) Other matters.--A sponsor
care agreement required under clause
(i) may include such other matters as
the Secretary of Health and Human
Services considers appropriate.
``(D) Termination of sponsor.--
``(i) Nonparental sponsors.--
``(I) In general.--Except as
provided in subclause (II), with
respect to an unaccompanied alien child
released to a sponsor who is not the
parent or legal guardian of such child,
the Secretary of Health and Human
Services shall terminate the
sponsorship arrangement and assume
physical custody of such child if such
sponsor fails to comply with the
provisions of the sponsor care
agreement required under subparagraph
(C).
``(II) Exceptions.--The Secretary
of Health and Human Services shall not
terminate a sponsorship arrangement
under subclause (I)--
``(aa) in the case of a
minor violation of subparagraph
(C)(ii)(I)(gg) that the sponsor
timely remedies; or
``(bb) if the Secretary
finds that terminating the
sponsorship arrangement would
not be in the best interest of
the child.
``(III) Duties of the secretary.--
In the case of a termination of a
sponsorship arrangement under subclause
(I), the Secretary of Health and Human
Services shall--
``(aa) place the
unaccompanied alien child with
a new sponsor or in another
placement that is in the best
interest of the child; and
``(bb) on the date on which
a sponsorship arrangement is
terminated, provide to the
individual the sponsorship of
whom is terminated a written
notification and justification
of the decision to terminate
the sponsorship, and
information relating to the
appeals process under subclause
(IV).
``(IV) Appeals.--
``(aa) In general.--The
Secretary of Health and Human
Services shall establish a
process by which an individual
the sponsorship of whom is
terminated under subclause (I)
may appeal the termination.
``(bb) No judicial
review.--An appeal under item
(aa) shall not be subject to
judicial review.
``(V) Right to reapply for
sponsorship.--An individual the
sponsorship of whom is terminated under
clause (i)(I) may reapply to serve as a
sponsor after the date on which the
individual has remedied the one or more
conditions on which the termination was
based.
``(ii) Parental sponsors.--With respect to
an unaccompanied alien child released to a
sponsor who is the parent or legal guardian of
such child, in the case of the failure by the
sponsor to comply with the provisions of the
sponsor care agreement required under
subparagraph (C), the Secretary of Health and
Human Services shall notify the State agency
responsible for administering the State plans
under parts B and E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et
seq.).
``(iii) Reporting.--
``(I) Definition of appropriate
committees of congress.--In this
clause, the term `appropriate
committees of Congress' means--
``(aa) the Committee on
Homeland Security and
Governmental Affairs, the
Committee on the Judiciary, and
the Committee on Health,
Education, Labor, and Pensions
of the Senate; and
``(bb) the Committee on
Homeland Security, the
Committee on the Judiciary, and
the Committee on Energy and
Commerce of the House of
Representatives.
``(II) Quarterly report.--Not later
than 90 days after the date of the
enactment of the Responsibility for
Unaccompanied Minors Act, and quarterly
thereafter, the Secretary of Health and
Human Services shall submit to the
appropriate committees of Congress a
report that includes, for the preceding
quarter--
``(aa) a description of
each instance in which a
sponsor failed to comply with a
provision of the sponsor care
agreement under subparagraph
(C)(ii) and the action taken
under clause (i) or (ii),
including--
``(AA) with respect
to a sponsor who is not
a parent or legal
guardian of the child,
whether the sponsorship
arrangement was
terminated, an analysis
whether termination is
contrary to the best
interests of the child,
and whether the
individual the
sponsorship of whom was
terminated filed an
appeal under clause
(i)(IV); and
``(BB) with respect
to a sponsor who is a
parent or legal
guardian of the child,
whether the Secretary
of Health and Human
Services notified the
State agency
responsible for
administering the State
plans under parts B and
E of title IV of the
Social Security Act (42
U.S.C. 621 et seq., 670
et seq.); and
``(bb) in the case of a
determination by the Secretary
of Health and Human Services
that a sponsor is not in
compliance with a provision of
the sponsor care agreement but
termination of sponsorship is
not in the best interest of the
child, an explanation of the
reasons for such
determination.''.
(b) Notifications.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232) is amended--
(1) by redesignating subsection (h) as subsection (j) and
moving such subsection so that it appears immediately after
subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Notifications.--
``(1) In general.--Before releasing any unaccompanied alien
child to a sponsor, the Secretary of Health and Human Services
shall submit to the State agency responsible for administering
the State plans under parts B and E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et seq.)--
``(A) written notification of the specific location
at which the unaccompanied alien child will reside
while in such jurisdiction; and
``(B) written certification that--
``(i) the unaccompanied alien child will
have undergone appropriate health screenings
and received appropriate vaccinations; and
``(ii) the Secretary of Health and Human
Services has completed background checks under
section 5(a)(3) of the Responsibility for
Unaccompanied Minors Act with respect to each
individual who will be a sponsor of an
unaccompanied alien child to be placed in the
State and has determined that the individual
does not present a risk to the unaccompanied
alien child.
``(2) Exempt from disclosure.--Any personally identifiable
information submitted under paragraph (1)--
``(A) shall be exempt from disclosure under section
552(b)(6) of title 5, United States Code; and
``(B) may not be disclosed by the recipient State
agency (directly or indirectly) to any nongovernmental
entity.
``(3) Purpose.--The purpose of this subsection is to
facilitate cooperation between the Federal Government and the
States to promote the best interests of unaccompanied alien
children.''.
(c) Conforming Amendments.--Section 235(c)(4) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232(c)(4)) is amended--
(1) by striking ``custodians'' and inserting ``sponsors'';
and
(2) by striking ``custodian's'' and inserting
``sponsor's''.
SEC. 5. RELEASING UNACCOMPANIED MINOR CHILDREN TO SPONSORS.
(a) Mandatory Background Checks.--Before releasing any
unaccompanied alien child (as defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))) to a sponsor, including a
sponsor who is the parent or legal guardian of the unaccompanied alien
child and any other sponsor, the Secretary of Health and Human Services
shall--
(1) verify the sponsor's identity and relationship to the
unaccompanied alien child;
(2) interview the sponsor; and
(3) conduct a background check on the sponsor and all other
adults living in the household in which the unaccompanied alien
child will reside, which shall include a fingerprint check
against the information maintained by law enforcement agencies.
(b) Limitation on Liability.--
(1) Injunctive relief.--Any individual with standing to
challenge an action by the Department of Health and Human
Services that violates this Act or section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232), as amended by section 4, or any entity
representing such an individual, may bring an action in an
appropriate Federal court for injunctive relief.
(2) Prohibition against monetary damages.--A court may not
award monetary damages to a plaintiff in a lawsuit described in
paragraph (1).
SEC. 6. EMERGENCY IMMIGRATION JUDGE RESOURCES.
The Attorney General shall increase the number of immigration judge
teams by not fewer than 225, as compared to the number of immigration
judge teams on the date of the enactment of this Act.
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