Overhaul Resettlement Reasonably Act of 2022 or the ORR Act of 2022
This bill modifies various immigration-related provisions.
For example, the bill (1) increases to $25,000 (currently $1,500) the minimum amount of a security bond that the Department of Homeland Security may require before releasing a detained non-U.S. national (alien under federal law) from custody while a decision is pending as to whether to remove that non-U.S. national from the United States, and (2) imposes additional requirements before an individual may be considered an unaccompanied alien child (immigration law imposes various requirements relating to the treatment of unaccompanied alien children).
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8638 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8638
To amend the Homeland Security Act of 2002 with respect to the
definition of unaccompanied alien child, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2022
Mr. Cawthorn 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 amend the Homeland Security Act of 2002 with respect to the
definition of unaccompanied alien child, 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 ``Overhaul Resettlement Reasonably Act
of 2022'' or the ``ORR Act of 2022''.
SEC. 2. APPREHENSION AND DETENTION OF CERTAIN ALIENS.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1266)
is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) by striking ``Attorney General's'' each place it
appears and inserting ``Secretary of Homeland Security's'';
(3) by striking ``the Service'' each place it appears and
inserting ``the Department of Homeland Security'';
(4) in subsection (a)--
(A) by striking paragraph (2)(A) and inserting the
following new subparagraph:
``(A) bond of at least $25,000 with security
approved by, and containing conditions prescribed by,
the Secretary of Homeland Security; or''; and
(B) by striking paragraph (3) and inserting the
following new paragraph:
``(3) shall not provide the alien with work authorization
(including an `employment authorized' endorsement or other
appropriate work permit), unless the alien is lawfully admitted
for permanent residence or otherwise would (without regard to
removal proceedings) be provided such authorization.''; and
(5) by striking subsection (c)(1)(C) and inserting the
following new subparagraph:
``(C) is deportable under section 1227(a)(2)(A)(i)
of this title on the basis of an offense for which the
alien has been sentenced to a term of imprisonment of
at least 1 year, or''.
SEC. 3. CHILDREN'S AFFAIRS.
(a) Amendment.--Section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2)) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) has been affirmatively certified by the
Secretary of Homeland Security to have no affiliation
to a transnational criminal organization or
international gang; and
``(D) does not have a parent or legal guardian in
the United States or such parent or legal guardian is
in the United States but is unable to demonstrate
fitness to provide care and physical custody to the
child.''.
(b) Effective Date.--The amendments made by this Act shall take
effect on the date that is 120 days after the date of the enactment of
this Act.
(c) Audit of Individual Receiving Certain Services.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Attorney General shall conduct
an audit on aliens receiving services from the Office of
Refugee Resettlement to ensure they have no affiliation with a
transnational criminal organization and that each unaccompanied
alien child receiving services from the Office of Refugee
Resettlement is under the age of 18 years old.
(2) Result.--If an unaccompanied alien child is found to
have an affiliation with a transnational criminal organization
pursuant to an audit conducted under paragraph (1), such
unaccompanied alien child shall be placed in removal
proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a).
SEC. 4. MANDATORY DETENTION OF SUSPECTED TERRORISTS AND MEMBERS OF
OTHER CRIMINAL ORGANIZATIONS.
(a) Amendment.--Section 236A of the Immigration and Nationality Act
(8 U.S.C. 1226A) is amended--
(1) by striking the header and inserting ``mandatory
detention of suspected terrorists and members of criminal
organizations; habeas corpus; judicial review'';
(2) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(3) in subsection (a)--
(A) by striking the header and inserting
``Detention of Terrorist Aliens and Members of Other
Criminal Organizations'';
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Release.--Except as provided in paragraphs (5) and
(6), the Secretary of Homeland Security shall maintain custody
of such an alien until the alien is removed from the United
States. Except as provided in paragraph (6), such custody shall
be maintained irrespective of any relief from removal for which
the alien may be eligible, or any relief from removal granted
the alien, until the Secretary of Homeland Security determines
that the alien is no longer an alien who may be certified under
paragraph (3).'';
(C) by striking paragraph (5) and inserting the
following new paragraph:
``(5) Commencement of proceedings.--The Secretary of
Homeland Security shall place an alien detained under paragraph
(1) in removal proceedings, or shall charge the alien with a
criminal offense, not later than 30 days after the commencement
of such detention. If the requirement of the preceding sentence
is not satisfied, the Secretary of Homeland Security shall
release the alien.''; and
(D) by striking paragraph (6) and inserting the
following new paragraph:
``(6) Limitation on indefinite detention.--An alien
detained solely under paragraph (1) who has not been removed
under section 1231(a)(1)(A) of this title, and whose removal is
unlikely in the reasonably foreseeable future for reasons other
than the alien's home country's refusal to issue appropriate
travel documents for the alien or otherwise accept return of
the alien, may be detained for additional periods of up to two
years.''; and
(4) in subsection (b)(2)(A)--
(A) in clause (ii), by striking the semicolon and
inserting ``; or'';
(B) in clause (iii), by striking ``; or'' and
inserting a period; and
(C) by striking clause (iv).
SEC. 5. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.
(a) Amendment.--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) by striking paragraph (1) and inserting the
following new paragraph:
``(1) Policies and procedures.--In order to enhance the
efforts of the United States to prevent trafficking in persons,
the Secretary of Homeland Security, in consultation with the
Secretary of State, the Attorney General, 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 respective
countries of nationality or of last habitual residence.'';
(B) in paragraph (2)--
(i) by striking the header and inserting
``Rules for return of an unaccompanied alien
child to their country of nationality or last
habitual residence'';
(ii) by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) Determinations.--Any unaccompanied alien
child who is a national or habitual resident of a
country shall be treated in accordance with
subparagraph (B), if the Secretary of Homeland Security
determines, on a case-by-case basis, that--
``(i) such unaccompanied alien child meets
the definition of `unaccompanied alien child'
in section 462(g) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g));
``(ii) such unaccompanied alien child has
not been a victim of a severe form of
trafficking in persons, and there is no
credible evidence that such unaccompanied alien
child is at risk of being trafficked upon
return to the child's country of nationality or
of last habitual residence;
``(iii) such unaccompanied alien child does
not have an evidence-based credible or
reasonable fear of returning to the child's
country of nationality or of last habitual
residence owing to a credible fear of
persecution; and
``(iv) the unaccompanied alien child is
able to make an independent decision to
withdraw his or her application for admission
to the United States.'';
(iii) by striking clauses (i) and (ii) of
subparagraph (B) and inserting the following
new clauses:
``(i) permit such unaccompanied alien child
to withdraw their 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 unaccompanied alien
child to his or her country of nationality or
country of last habitual residence.''; and
(iv) by striking subparagraph (C) and
inserting the following new subparagraph:
``(C) Unaccompanied alien children return
agreements with other countries.--The Secretary of
Homeland Security shall negotiate agreements between
the United States and other countries with respect to
the repatriation of unaccompanied alien children. Such
agreements shall be designed to protect unaccompanied
alien children from severe forms of trafficking in
persons, and shall, at a minimum, provide that--
``(i) no unaccompanied alien child shall be
returned to his or her country of nationality
or of last habitual residence unless returned
to appropriate employees or officials,
including child welfare officials where
available, of the accepting country's
government;
``(ii) no unaccompanied alien child shall
be returned to his or her country of
nationality or of last habitual residence
outside of reasonable business hours; and
``(iii) border personnel of the countries
that are parties to such agreements are trained
in the terms of such agreements.'';
(C) by striking paragraph (4) and inserting the
following new paragraph:
``(4) Screening.--
``(A) In general.--Not later than 96 hours after
the Secretary of Homeland Security determines the age
of an apprehended alien who is believed to be described
in paragraph (2)(A), but in any event prior to
returning such alien to the alien's country of
nationality or of last habitual residence, the alien
shall be screened to determine whether the alien meets
the criteria listed in paragraph (2)(A). If the alien
does not meet such criteria, or if no determination can
be made within 96 hours of the Department of Homeland
Security's determination of the age of the apprehended
alien, the alien shall immediately be transferred to
the Secretary of Health and Human Services and treated
in accordance with subsection (b).
``(B) No preclusion of earlier transfer.--Nothing
in paragraph (A) shall prevent the earlier transfer of
an apprehended alien from the Secretary of Homeland
Security to the Secretary of Health and Human Services,
provided the Secretary of Homeland Security has, based
on documentary or forensic information, both determined
that the apprehended alien is in fact an `unaccompanied
alien child' as such term is defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)),
and has certified to the Department of Health and Human
Services to that effect.
``(C) Determination of adult status.--
``(i) In general.--If the Secretary of
Homeland Security determines that an
apprehended alien who previously self-
identified or was identified as a child is
determined, based on biographic, biometric, or
forensic information, to be an adult, the
apprehended alien shall not be transferred to
the Secretary of Health and Human Services, and
shall remain in the custody of the Department
of Homeland Security.
``(ii) Redetermination.--Following a
determination pursuant to clause (i), if the
Secretary of Homeland Security receives an
evidence-based credible finding that an alien
determined to be a child pursuant to clause (i)
has obtained the age of 18 years old, the
Secretary shall conduct an additional biometric
assessment to determine the age of such alien.
If the alien is determined to be an adult, they
shall be transferred to the custody of the
Department of Homeland Security.''; and
(D) by striking paragraph (5) and inserting the
following new paragraph:
``(5) Ensuring the safe repatriation of unaccompanied alien
children.--
``(A) Repatriation program.--To protect children
from trafficking and exploitation, the Secretary of
Homeland Security shall finalize a program not later 60
days after the enactment of the `Overhaul Resettlement
Reasonably Act of 2022', in consultation with the
Secretary of Health and Human Services and the
Secretary of State, to develop and implement best
practices to ensure the rapid, safe, and sustainable
repatriation of unaccompanied alien children to their
respective country of nationality or of last habitual
residence, including placement with their respective
families, legal guardians, or other sponsoring
agencies.
``(B) Assessment of country conditions.--To assess
the fitness of a country for the purpose of receiving
unaccompanied alien children from the United States,
the Secretary of Homeland Security shall consider the
following factors in the following order of priority:
``(i) The existence or absence of
diplomatic relations between the United States
and that country.
``(ii) The amount of Federal funding the
United States provides to that country.
``(iii) The degree to which that country
cooperates with the United States and other
countries in bilateral or multilateral national
security or law enforcement efforts.
``(iv) The annual gross domestic product of
that country and its global rank by annual
gross domestic product.
``(v) Any materials produced by the United
States Government that supply information about
the degree of human smuggling and trafficking
that occurs in that country.
``(vi) Any other information that may
assist the Secretary of Homeland Security in
efforts to repatriate unaccompanied alien
children to that country.
``(C) Report on repatriation of unaccompanied alien
children.--Not later than January 1 of each year, the
Secretary of Homeland Security and the Secretary of
Health and Human Services, in consultation with the
Secretary of State, 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 improve repatriation
programs for unaccompanied alien children, and shall
include--
``(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 genders of such children;
``(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 children were safely
and humanely repatriated to their country of
nationality or of last habitual residence,
including a description of the repatriation
program used pursuant to subparagraph (A);
``(iv) a description of the type of
immigration relief sought and denied to such
children;
``(v) any information gathered in
assessments of country and local conditions
pursuant to paragraph (2);
``(vi) the number of aliens who self-
identify or are identified as unaccompanied
alien children but are ultimately determined to
be adults by the Department of Homeland
Security; and
``(vii) statistical information and other
data on unaccompanied alien children as
provided for in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279).
``(D) Placement in removal proceedings.--Any
unaccompanied alien child sought to be removed by the
Department of Homeland Security, except for an
unaccompanied alien child subject to exceptions under
subsection (a)(2), shall be--
``(i) placed in removal proceedings under
section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a);
``(ii) eligible for relief under section
240B of such Act (8 U.S.C. 1229c) at no cost to
the child; and
``(iii) provided access to counsel in
accordance with subsection (c)(5).'';
(2) by striking subsection (b)(4) and inserting the
following paragraphs:
``(4) Alien age determinations.--
``(A) In general.--The Secretary of Homeland
Security, in consultation with the Secretary of Health
and Human Services and other appropriate Federal
agencies, shall develop procedures and provide
resources that facilitate the prompt determination of
the age of an alien in the custody of the head of each
Federal agency.
``(B) Presumption of adulthood.-- Any procedures
developed by the Secretary of Homeland Security in
accordance with paragraph (A) shall permit a
presumption by all Federal agencies that an alien is an
adult until such time as either a biographic,
biometric, or forensic determination can reasonably
determine that an alien is a child.
``(C) Biometric and forensic tools authorized.--The
Department of Homeland Security is authorized to use
all available biometric and forensic tools as part of
the procedures to be developed by the Secretary of
Homeland Security in accordance with paragraph (A).
``(5) Mandatory department of justice referral and
response.--In the event an alien who initially self-identifies
or is identified as a child is subsequently determined, based
on biographic, biometric, or forensic information, to be an
adult, the Secretary of Homeland Security shall within 10
business days of determination of the alien's age, send a
formal referral for criminal investigation of the alien to the
Attorney General in order to determine if the alien violated
any provision of title 18, United States Code, or any Federal
regulation, and the Attorney General shall, within 10 business
days of the receipt of that referral, provide formal written
notification to the Secretary of Homeland Security as to
whether the Attorney General intends to take any further
investigative or prosecutorial action, as well as the basis for
the Attorney General's decision.
``(6) Notification.--For the purposes of the Secretary of
Homeland Security making an age determination and certification
on the age of an alien in accordance with subsection (b)(4),
each head of each Federal department or agency shall notify the
Secretary of Homeland Security 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.
``(7) Transfer of unaccompanied alien child.--Except in the
case of an exceptional circumstance, a Federal department or
agency that has in custody an unaccompanied alien child shall
transfer custody of such child to the Secretary of Homeland
Security not later than 96 hours after determining that such
child is an unaccompanied alien child, so that the Department
of Homeland Security can make an age determination and
certification of the age of the alien in accordance with
subsection (a)(4).'';
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following paragraph:
``(1) Policies and programs.--The Secretary of Health and
Human Services and the Secretary of Homeland Security, in
consultation with the 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 persons seeking to victimize, profit
from, or otherwise engage such children in criminal, harmful,
or exploitative activity, including policies and programs
reflecting best practices in witness security programs.'';
(B) by striking paragraphs (2) and (3) and
inserting the following new paragraphs:
``(2) Safe and secure placements.--
``(A) Minors in department of health and human
services custody.--
``(i) In general.--Subject to section
462(b)(2) of the Homeland Security Act o 20092
(6 U.S.C. 279(b)(2)), an unaccompanied alien
child who is placed in the custody of the
Secretary of Health and Human Services
subsequent to the Secretary of Homeland
Security's age determination and certification
efforts required by paragraph (4) of subsection
(b) of this section shall be promptly placed in
the setting that is deemed to be in the best
interest of both the child and the general
public as assessed by the Secretary of Health
and Human Services.
``(ii) Criteria for placement.--In making
such placement, the Secretary of Health and
Human Services shall consider age, actual or
possible gang or criminal organization
affiliation or membership, danger to self,
danger to the community, and risk of flight.
``(iii) Period placement review.--The
placement of a child in a secure facility shall
be reviewed, at a minimum, once every six
months, in accordance with procedures
prescribed by the Secretary of Health and Human
Services, to determine if such placement
remains in the interest of national security or
public safety.
``(B) Transfer of aliens from department of health
and human services to department of homeland
security.--
``(i) In general.--Not later than six
months prior to an unaccompanied alien child's
determined age of 18, the Secretary of Health
and Human Services shall transfer such alien to
the Department of Homeland Security for
placement in removal proceedings.
``(ii) Exception for sponsor placement
consideration.--In a situation where an
unaccompanied alien child is actively being
considered for placement with a sponsor six
months prior to the alien child's determined
eighteenth birthday, the alien child may remain
in the Department of Health and Human Services'
custody up until his or her eighteenth birthday
during such sponsor placement consideration,
but shall be immediately transferred to the
Department of Homeland Security's custody upon
the denial of a sponsor's application or the
alien child's eighteenth birthday, whichever
comes first.
``(3) Safety and suitability assessments.--
``(A) In general.--Subject to the requirements of
subparagraph (B), an unaccompanied alien child may not
be placed with an individual or organizational sponsor
unless the Secretary of Health and Human Services makes
a formal determination that the proposed sponsor is
capable of providing for the child's physical and
mental well-being.
``(B) Criteria for evaluation of potential
individual sponsor.--The formal determination required
under subparagraph (A) for a potential individual
sponsor shall, at a minimum, be based on an evaluation
of the following criteria:
``(i) The immigration status of both the
potential individual sponsor and any other
individual in the potential individual
sponsor's household or residence.
``(ii) The submission of biographic or
biometric information, including fingerprints,
DNA, or legal documentation demonstrating a
familial relationship, both for the purposes of
determining the potential individual sponsor's
identity and ensuring a familial relationship
in the case that a familial relationship is
asserted.
``(iii) A background and fitness check on
the potential individual sponsor that uses
Department of Homeland Security, Department of
Justice, Department of the Treasury, and other
Federal databases, including any database
containing criminal records.
``(iv) Proof of the potential individual
sponsor's ability to work, current employment
or existing income, property, assets, and debts
in order to ensure appropriate financial
resources for care of the unaccompanied alien
child.
``(v) Proof of potential individual
sponsor's health insurance in order to ensure
appropriate medical care of the unaccompanied
alien child.
``(vi) Any past or present medical,
including psychiatric, condition of the
potential individual sponsor or other
individual in the potential individual
sponsor's household or residence that could
pose a health or safety risk for the
unaccompanied alien child.
``(vii) Any other information deemed
appropriate by the Secretary of Health and
Human Services for the purposes of making a
formal determination of fitness of a potential
sponsor.
``(C) Criteria for evaluation of potential
organizational sponsors.--The formal determination
required under paragraph (A) for potential
organizational sponsors shall be, at a minimum, based
on an evaluation of the following criteria:
``(i) Appropriate licensing and other proof
of fitness to care for an unaccompanied alien
child.
``(ii) Proof that all of the organization's
employees are authorized to work in the United
States.
``(iii) Any other information deemed
appropriate by the Secretary of Health and
Human Services for the purposes of making a
formal determination of fitness of a potential
organizational sponsor.
``(D) Unaccompanied alien child placement audits.--
``(i) In general.--The Secretary of
Homeland Security and the Secretary of Health
and Human Services shall conduct both pre-
placement audits and post-placement audits of
the residences and facilities of individual and
organizational sponsors to ensure initial and
continuous suitability of sponsors, locations
of the residences and facilities, and other
conditions for alien child placement.
``(ii) Joint agency responsibility.--Not
later than 60 days after the date of the
enactment of `Overhaul Resettlement Reasonably
Act of 2022', the Secretary of Homeland
Security, in consultation with the Secretary of
Health and Human Services shall develop and
implement a joint plan of action ensuring
suitability of placement of unaccompanied alien
children in accordance with clause (i). The
Secretary of Homeland Security shall be
responsible for inspecting residence and
facility inspections and any law enforcement
investigations as a result of such inspection.
``(iii) Placement restrictions.--The
Secretary of Health and Human Services shall
not place any unaccompanied alien child with
any individual or organizational sponsor until
such time as the Secretary of Homeland Security
has conducted a pre-placement audit and
provided written notice of fitness of such
sponsor based on that pre-placement audit to
the Secretary of Health and Human Services.
``(iv) Randomized post-placement audits.--
Subsequent to a placement of an unaccompanied
alien child with an individual or
organizational sponsor by the Secretary of
Health and Human Services, the Secretary of
Homeland Security shall conduct random post-
placement audits of such sponsor, without
providing advance notice of the audit to the
sponsor.
``(v) Placement revocations.--If, upon a
post-placement audit of an unaccompanied alien
child's individual or organizational sponsor in
accordance with clause (iv), the Secretary of
Homeland Security determines that such sponsor
is no longer suitable for that unaccompanied
alien child, the Secretary of Homeland Security
shall remove the unaccompanied alien child from
the sponsor's possession, return the
unaccompanied alien child to the Secretary of
Health and Human Services, and, within 5
business days, provide written notice to the
Secretary of Health and Human Services about
the conditions and circumstances justifying the
removal of the unaccompanied alien child from
the sponsor's possession.
``(vi) Mandatory department of justice
referral and response.--In the event of any
removal of an unaccompanied alien child from
the possession of any individual or
organizational sponsor in accordance with
clause (v), the Secretary of Homeland Security
shall, within 10 business days of returning the
unaccompanied alien child to the Secretary of
Health and Human Services, send a formal
referral for criminal investigation of the
sponsor to the Attorney General if the
Secretary of Homeland Security's basis for
removing the unaccompanied alien child from the
sponsor's possession was any form of criminal
conduct prohibited by title 18, United States
Code, or any Federal regulation, and the
Attorney General shall, within 10 business days
of the receipt of that referral, provide formal
written notification to the Secretary of
Homeland Security and the Secretary of Health
and Human Services as to whether the Attorney
General intends to take any further
investigative or prosecutorial action, as well
as the basis for the Attorney General's
decision.
``(vii) Mandatory removal of an alien
deemed to be unlawfully present.--In the event
of any removal of an unaccompanied alien child
from the possession of any individual or
organizational sponsor in accordance with
clause (v), the Secretary of Homeland Security
shall immediately detain and initiate removal
proceedings against an alien deemed to be
unlawfully present encountered in the course of
that post-placement audit.
``(viii) Mandatory bar of problematic
sponsors.--In the event of a removal of an
unaccompanied alien child from the possession
of any individual or organizational sponsor and
receipt of written notification from the
Secretary of Homeland Security about the
conditions and circumstances justifying the
removal of the unaccompanied alien child from
the sponsor's possession in accordance with
clause (v), the Secretary of Health and Human
Services shall remove that sponsor from
eligibility to serve as a sponsor for any
future unaccompanied alien children.
``(ix) Limits on regulatory
implementation.--The Secretary of Homeland
Security and the Secretary of Health and Human
Services may, through regulation, improve or
expand the scope or processes for auditing
potential and actual placement of an
unaccompanied alien child, but shall not limit
or waive any requirements established in this
subparagraph.'';
(4) by striking paragraph (6)(E) and inserting the
following new subparagraph:
``(E) Assessment of child advocate program.--
``(i) In general.--Not later than March 30
of each year, the Comptroller General of the
United States shall provide an annual update
regarding the effectiveness of, and any
recommendations for improving, the Child
Advocate Program operated by the Secretary of
Health and Human Services.
``(ii) Matters to be studied.--In the
annual updates required under clause (i), the
Comptroller General shall--
``(I) analyze the effectiveness of
existing child advocate programs in
improving outcomes for unaccompanied
alien children;
``(II) evaluate the implementation
of child advocate programs in new sites
pursuant to subparagraph (B);
``(III) evaluate the extent to
which unaccompanied alien children are
receiving child advocate services and
assess the possible budgetary
implications of increased participation
in the program;
``(IV) evaluate the barriers to
improving outcomes for unaccompanied
alien children;
``(V) evaluate and identify the
international and domestic individuals
and organizations that are responsible
for the smuggling or trafficking of
unaccompanied alien children; and
``(VI) make recommendations on
statutory, regulatory, and internal
agency guidance changes to improve the
Child Advocate Program in relation to
the matters analyzed under subclauses
(I) through (V).
``(iii) GAO report.--Not later than March
30 of each year, the Comptroller General of the
United States shall submit the results of the
study required under this subparagraph to--
``(I) the Committee on the
Judiciary of the Senate and House of
Representatives;
``(II) the Committee on Homeland
Security and Government Affairs of the
Senate;
``(III) the Committee on Health,
Education, Labor, and Pensions of the
Senate;
``(IV) the Committee on Homeland
Security of the House of
Representatives; and
``(V) the Committee on Education
and Labor of the House of
Representatives.
``(iv) Authorization of appropriations.--
There is authorized to be appropriated
$3,000,000 for each of the fiscal years [to be
supplied] to [to be supplied].''; and
(5) by striking subsection (e) and inserting the following
new subsection:
``(e) Training.--The Secretary of State, the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the Attorney
General shall provide specialized training to all Federal personnel,
and upon request, State and local personnel, who have substantive
contact with unaccompanied alien children. Such personnel shall be
trained to work with unaccompanied alien children, including
identifying children who are victims of severe forms of trafficking in
persons, and children for whom asylum or special immigrant relief may
be appropriate, including children described in subsection (a)(2).''.
<all>
Introduced in House
Introduced in House
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.
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.
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