,,ii #aafth ,,congress #ast ,session ,s4 #aafe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjai,mr4 ,portman 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,lankford1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to clarify responsibilities related to unaccompanied alien children1 to provide additional protections and tracking mechanisms for such children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,responsibility for ,unaccompanied ,minors ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,department of ,health and ,human ,services1 under ,federal law as in effect on the date of the enactment of this ,act1 is responsible for the care of each unaccompanied alien child in the ,united ,states1 including any such child placed with a sponsor1 until the earlier of-- 7,a7 the date on which the immigration proceedings of the child are concluded2 or 7,b7 the date on which the child attains #ah years of age4 7#b7 ,follow-up services provided to certain unaccompanied alien children released to sponsors under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 are valuable to help ensure child safety1 integration1 and appearance at immigration court proceedings4 #c4 ,responsibilities of the ,director of the ,office of ,refugee ,resettlement ,section #dfb7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;b77 is amended by adding at the end the following3 7#e7 ,clarification of period of care 7,a7 ,in general ,pursuant to the obligation established under section #bce7;b77#a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77#a771 the ,director of the ,office of ,refugee ,resettlement is authorized to care for and provide follow-up services to an unaccompanied alien child1 including any such child placed with a sponsor1 from the time the child is identified as an unaccompanied alien child until the earlier of-- 7i7 the date on which the immigration proceedings of such child are concluded2 or 7ii7 the date on which the child attains #ah years of age4 7,b7 ,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 situation4 7#f7 ,follow-up services ,before placing an unaccompanied alien child with a sponsor1 the ,director of the ,office of ,refugee ,resettlement shall evaluate1 to the extent possible1 the need for such child to receive follow-up services once such child is placed with a sponsor4 4 #d4 ,responsibilities of the ,secretary of ,health and ,human ,services 7a7 ,sponsor care agreement2 follow-,up services ,section #bce7;c77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#c77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking custodian and inserting sponsor2 and 7,b7 by striking custodian's and inserting sponsor's2 7#b7 in subparagraph 7,b71 by adding at the end the following3 ,neither an unaccompanied alien child nor any sponsor of such child may refuse the follow-up services required or authorized under the preceding sentence42 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,e72 and 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 ,sponsor care agreement 7i7 ,in general ,before the ,secretary of ,health and ,human ,services places an unaccompanied alien child with a sponsor1 the proposed sponsor shall execute a sponsor care agreement4 7ii7 ,requirements 7,i7 ,in general ,a sponsor care agreement required under clause 7i7 shall include an agreement by the sponsor-- 7aa7 to provide for the physical and mental well-being of such child1 including providing food1 shelter1 clothing1 education1 medical care1 and other services1 as needed2 7bb7 to ensure the child's presence at all future immigration proceedings related to such child2 7cc7 to notify local law enforcement or the appropriate ,state or local child protective services agency if such child has been1 or is1 at risk of being physically1 mentally1 or sexually abused1 abandoned1 neglected1 threatened1 or kidnapped2 7dd7 to notify the ,secretary of ,health and ,human ,services if the sponsorship status of such child has changed for any reason1 including a change of custodian or sponsor1 kidnapping1 or flight2 7ee7 to accept any follow-up services authorized or required under subparagraph 7,b72 7ff7 to comply with1 and ensure the compliance of1 such child with all lawful orders of a court of the ,united ,states or ,federal agency with jurisdiction related to the child2 and 7gg7 to notify the ,secretary of ,health and ,human ,services1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 and the ,director of the ,executive ,office for ,immigration ,review of the current mailing address of such child if such address changes4 7,,ii7 ,other matters ,a sponsor care agreement required under clause 7i7 may include such other matters as the ,secretary of ,health and ,human ,services considers appropriate4 7,d7 ,termination of sponsor 7i7 ,nonparental sponsors 7,i7 ,in general ,except as provided in subclause 7,,ii71 with respect to an unaccompanied alien child released to a sponsor who is not the parent or legal guardian of such child1 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 7,c74 7,,ii7 ,exceptions ,the ,secretary of ,health and ,human ,services shall not terminate a sponsorship arrangement under subclause 7,i7-- 7aa7 in the case of a minor violation of subparagraph 7,c77ii77,i77gg7 that the sponsor timely remedies2 or 7bb7 if the ,secretary finds that terminating the sponsorship arrangement would not be in the best interest of the child4 7,,iii7 ,duties of the ,secretary ,in the case of a termination of a sponsorship arrangement under subclause 7,i71 the ,secretary of ,health and ,human ,services shall-- 7aa7 place the unaccompanied alien child with a new sponsor or in another placement that is in the best interest of the child2 and 7bb7 on the date on which a sponsorship arrangement is terminated1 provide to the individual the sponsorship of whom is terminated a written notification and justification of the decision to terminate the sponsorship1 and information relating to the appeals process under subclause 7,,iv74 7,,iv7 ,appeals 7aa7 ,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 7,i7 may appeal the termination4 7bb7 ,no judicial review ,an appeal under item 7aa7 shall not be subject to judicial review4 7,v7 ,right to reapply for sponsorship ,an individual the sponsorship of whom is terminated under clause 7i77,i7 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 based4 7ii7 ,parental sponsors ,with respect to an unaccompanied alien child released to a sponsor who is the parent or legal guardian of such child1 in the case of the failure by the sponsor to comply with the provisions of the sponsor care agreement required under subparagraph 7,c71 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 7#db ,u4,s4,c4 #fba et seq41 #fgj et seq474 7iii7 ,reporting 7,i7 ,definition of appropriate committees of ,congress ,in this clause1 the term appropriate committees of ,congress means-- 7aa7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7bb7 the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7,,ii7 ,quarterly report ,not later than #ij days after the date of the enactment of the ,responsibility for ,unaccompanied ,minors ,act1 and quarterly thereafter1 the ,secretary of ,health and ,human ,services shall submit to the appropriate committees of ,congress a report that includes1 for the preceding quarter-- 7aa7 a description of each instance in which a sponsor failed to comply with a provision of the sponsor care agreement under subparagraph 7,c77ii7 and the action taken under clause 7i7 or 7ii71 including-- 7,,aa7 with respect to a sponsor who is not a parent or legal guardian of the child1 whether the sponsorship arrangement was terminated1 an analysis whether termination is contrary to the best interests of the child1 and whether the individual the sponsorship of whom was terminated filed an appeal under clause 7i77,,iv72 and 7,,bb7 with respect to a sponsor who is a parent or legal guardian of the child1 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 7#db ,u4,s4,c4 #fba et seq41 #fgj et seq472 and 7bb7 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 child1 an explanation of the reasons for such determination4 4 7b7 ,notifications ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7j7 and moving such subsection so that it appears immediately after subsection 7i72 and 7#b7 by inserting after subsection 7g7 the following3 7h7 ,notifications 7#a7 ,in general ,before releasing any unaccompanied alien child to a sponsor1 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 7#db ,u4,s4,c4 #fba et seq41 #fgj et seq47-- 7,a7 written notification of the specific location at which the unaccompanied alien child will reside while in such jurisdiction2 and 7,b7 written certification that-- 7i7 the unaccompanied alien child will have undergone appropriate health screenings and received appropriate vaccinations2 and 7ii7 the ,secretary of ,health and ,human ,services has completed background checks under section #e7;a77#c7 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 child4 7#b7 ,exempt from disclosure ,any personally identifiable information submitted under paragraph 7#a7-- 7,a7 shall be exempt from disclosure under section #eeb7;b77#f7 of title #e1 ,united ,states ,code2 and 7,b7 may not be disclosed by the recipient ,state agency 7directly or indirectly7 to any nongovernmental entity4 7#c7 ,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 children4 4 7c7 ,conforming amendments ,section #bce7;c77#d7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#d77 is amended-- 7#a7 by striking custodians and inserting sponsors2 and 7#b7 by striking custodian's and inserting sponsor's4 #e4 ,releasing unaccompanied minor children to sponsors 7a7 ,mandatory background checks ,before releasing any unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 to a sponsor1 including a sponsor who is the parent or legal guardian of the unaccompanied alien child and any other sponsor1 the ,secretary of ,health and ,human ,services shall-- 7#a7 verify the sponsor's identity and relationship to the unaccompanied alien child2 7#b7 interview the sponsor2 and 7#c7 conduct a background check on the sponsor and all other adults living in the household in which the unaccompanied alien child will reside1 which shall include a fingerprint check against the information maintained by law enforcement agencies4 7b7 ,limitation on liability 7#a7 ,injunctive relief ,any individual with standing to challenge an action by the ,department of ,health and ,human ,services that violates this ,act or section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb71 as amended by section #d1 or any entity representing such an individual1 may bring an action in an appropriate ,federal court for injunctive relief4 7#b7 ,prohibition against monetary damages ,a court may not award monetary damages to a plaintiff in a lawsuit described in paragraph 7#a74 #f4 ,emergency immigration judge resources ,the ,attorney ,general shall increase the number of immigration judge teams by not fewer than #bbe1 as compared to the number of immigration judge teams on the date of the enactment of this ,act4