I 

117TH CONGRESS 

1ST SESSION H. R. 3497 

To amend the Homeland Security Act of 2002 to direct the Director of 

the Office of Refugee Resettlements of the Department of Health and 

Human Services to establish additional procedures for making placement 

determinations for all unaccompanied alien children who are in Federal 

custody by reason of their immigration status, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Mr. GARBARINO (for himself, Mr. MCCAUL, and Mr. HIGGINS of Louisiana) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend the Homeland Security Act of 2002 to direct 

the Director of the Office of Refugee Resettlements of 

the Department of Health and Human Services to establish additional procedures for making placement determinations for all unaccompanied alien children who are 

in Federal custody by reason of their immigration status, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 3497 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting UACs 

3 Through Enhanced Sponsor Vetting Act of 2021’’. 

4 SEC. 2. ADDITIONAL PROCEDURES FOR PLACEMENT DECI5 SIONS FOR UNACCOMPANIED ALIEN CHIL6 DREN. 

7 Section 462 of the Homeland Security Act of 2002 

8 (6 U.S.C. 279) is amended— 

9 (1) in subsection (b)(1)— 

10 (A) in subparagraph (K), by striking ‘‘; 

11 and’’ at the end; 

12 (B) in subparagraph (L), by striking the 

13 period at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(M) providing notification of the prospec16 tive placement of an unaccompanied alien child 

17 with a sponsor to the Governor of the State and 

18 the chief executive of the county in which the 

19 sponsor resides.’’; 

20 (2) in subsection (b)(2), by amending subpara21 graph (A) to read as follows: 

22 ‘‘(A) shall coordinate with appropriate ju23 venile justice professionals, the Director of the 

24 Bureau of Citizenship and Immigration Serv25 ices, the Assistant Secretary of the Bureau of 

26 Border Security, the Director of the Federal 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 3497 IH

1 Bureau of Investigation, and appropriate State 

2 and local law enforcement officials to ensure 

3 that such determinations ensure that unaccom4 panied alien children described in such subpara5 graph— 

6 ‘‘(i) are likely to appear for all hear7 ings or proceedings in which they are in8 volved; 

9 ‘‘(ii) are protected from smugglers, 

10 traffickers, members of a designated trans11 national criminal organization, or others 

12 who might seek to victimize or otherwise 

13 engage them in criminal, harmful, or 

14 exploitive activity, including by conducting 

15 a thorough criminal history background 

16 check utilizing the Next Generation Identi17 fication System or its successor system on 

18 prospective sponsors; 

19 ‘‘(iii) are placed in a setting in which 

20 they are not likely to pose a danger to 

21 themselves or others; and’’; 

22 (3) by redesignating subsection (g) as sub23 section (h) and— 

24 (A) in paragraph (1) of such subsection, 

25 by striking ‘‘and’’ at the end; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 3497 IH

1 (B) in paragraph (2) of such subsection, 

2 by striking the period at the end and inserting 

3 ‘‘; and’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(3) the term ‘transnational criminal organiza6 tion’ means a criminal organization that has been 

7 designated as a transnational criminal organization 

8 by the Office of Foreign Assets Control at the De9 partment of the Treasury.’’; and 

10 (4) by inserting after subsection (f) the fol11 lowing: 

12 ‘‘(g) ADDITIONAL PROCEDURES FOR MAKING PLACE13 MENT DETERMINATIONS.— 

14 ‘‘(1) CRIMINAL RECORDS CHECKS.—The Direc15 tor shall coordinate with the Attorney General to 

16 conduct a thorough criminal history background 

17 check utilizing the Next Generation Identification 

18 System or its successor system for all prospective 

19 sponsors before placement of an unaccompanied 

20 alien child. 

21 ‘‘(2) CONSULTATION WITH RELEVANT LAW EN22 FORCEMENT ENTITIES.—The Director shall consult 

23 with relevant law enforcement entities, including 

24 Federal, State, and local law enforcement, prior to 

25 making a determination on whether it is appropriate 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 3497 IH

1 to place an unaccompanied alien child with a pro2 spective sponsor. This consultation will examine any 

3 criminal activity in which the prospective sponsor 

4 may have been, or is currently, involved. 

5 ‘‘(3) NOTIFICATION TO STATE AND LOCAL GOV6 ERNMENTS.—The Director shall notify relevant 

7 State and local governments of the decision to place 

8 an unaccompanied alien child with a sponsor. This 

9 notification will include the Governor of the state 

10 where the sponsor resides, as well as the mayor or 

11 equivalent officeholder of the locality where the 

12 sponsor resides. 

13 ‘‘(4) TRANSNATIONAL CRIMINAL ORGANIZATION

14 INTELLIGENCE SHARING.—The Director shall pro15 vide to the Terrorist Screening Center information 

16 uncovered during the placement process of an unac17 companied alien child that establishes membership 

18 in, or affiliation with, a designated transnational 

19 criminal organization of either an unaccompanied 

20 alien child or a prospective sponsor.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS