[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3474 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3474

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

                           September 18, 2018

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 finds the following:
            (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) of 
                                        this subparagraph, 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. and 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.
                                 <all>