I 
117TH CONGRESS 
1ST SESSION H. R. 4201 
To transfer functions related to unaccompanied alien children to the 
Department of Homeland Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2021 
Mr. GREEN of Tennessee 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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To transfer functions related to unaccompanied alien children 
to the Department of Homeland Security, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Migrant Accountability 
Act of 2021’’. 
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SEC. 2. TRANSFER OF FUNCTIONS RELATED TO UNACCOM-
PANIED ALIEN CHILDREN. 
Section 462 of the Homeland Security Act of 2002 
(6 U.S.C. 279) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Secretary of Homeland Security functions 
under the immigration laws of the United States with re-
spect to the care of unaccompanied alien children that 
were vested by statute in, or performed by, the Director 
of the Office of Refugee Resettlement of the Department 
of Health and Human Services immediately before the ef-
fective date specified in subsection (d).’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Director of the Office of 
Refugee Resettlement’’ each place it appears 
and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(B) in paragraph (1), by striking ‘‘Direc-
tor’’ and inserting ‘‘Secretary’’; 
(3) by amending subsection (d) to read as fol-
lows: 
‘‘(d) EFFECTIVE DATE.—The effective date specified 
in this subsection is the date of enactment of the Migrant 
Accountability Act of 2021.’’. 
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(4) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘Director 
of the Office of Refugee Resettlement’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) in paragraph (2), by striking ‘‘Office 
of Refugee Resettlement of the Department of 
Health and Human Services’’ and inserting 
‘‘Department of Homeland Security’’; and 
(5) in subsection (f)— 
(A) by repealing paragraph (2); 
(B) in paragraph (3)— 
(i) by striking ‘‘Department of Jus-
tice’’ and inserting ‘‘Department of Health 
and Human Services’’; 
(ii) by striking ‘‘the Immigration and 
Naturalization Service’’ and inserting ‘‘the 
Office of Refugee Resettlement’’; and 
(iii) by striking ‘‘Director of the Of-
fice of Refugee Resettlement for allocation 
to the appropriate component of the De-
partment of Health and Human Services’’ 
and inserting ‘‘Secretary of Homeland Se-
curity for allocation to the appropriate 
component of the Department of Home-
land Security’’. 
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SEC. 3. CONFORMING AMENDMENTS. 
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) in paragraph (2)— 
(i) by amending the heading to read 
as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN’’; 
(ii) in subparagraph (A), by striking 
‘‘who is a national or habitual resident of 
a country that is contiguous with the 
United States’’; and 
(iii) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘COUNTRY
AGREE-
MENTS’’; and 
(II) by striking ‘‘countries contig-
uous to the United States’’ and in-
serting ‘‘other countries’’; 
(B) by striking paragraph (3); 
(C) in paragraph (4), by striking ‘‘imme-
diately be transferred to the Secretary of 
Health and Human Services and treated in ac-
cordance with subsection (b)’’ and inserting ‘‘be 
treated in accordance with subsection (b)’’; and 
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(D) in paragraph (5)(D), by striking ‘‘con-
tiguous’’; and 
(2) in subsection (b)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) CARE AND CUSTODY OF UNACCOMPANIED 
ALIEN CHILDREN.—The care and custody of all un-
accompanied alien children, including responsibility 
for their detention, where appropriate, shall be the 
responsibility of the Secretary of Homeland Secu-
rity.’’. 
(B) in paragraph (2), by striking ‘‘Depart-
ment of Health and Human services’’ and in-
serting ‘‘Department of Homeland Security’’; 
(C) in paragraph (3), by striking ‘‘Sec-
retary of Health and Human Services’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(D) in paragraph (4), by amending the 
first sentence to read as follows: ‘‘The Sec-
retary of Homeland Security, in consultation 
with the Secretary of Health and Human Serv-
ices, shall develop procedures to make a prompt 
determination of the age of an alien, which 
shall be used by the Secretary of Homeland Se-
curity for children in their custody.’’; 
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(3) in subsection (c)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by amending the heading to 
read as follows: ‘‘MINORS IN DEPART-
MENT OF HOMELAND SECURITY CUS-
TODY’’; and 
(II) by striking ‘‘Secretary of 
Health and Human Services’’ and in-
serting ‘‘Secretary of Homeland Secu-
rity’’; and 
(ii) by striking subparagraph (B); 
(B) in paragraph (3)— 
(i) by striking ‘‘Secretary of Health 
and Human Services’’ each place it ap-
pears and inserting ‘‘Secretary of Home-
land Security’’; and 
(ii) by repealing subparagraph (C); 
(C) in paragraph (4), by striking ‘‘Sec-
retary of Health and Human Services’’ and in-
serting ‘‘Secretary of Homeland Security’’; 
(D) in paragraph (5), by striking ‘‘Sec-
retary of Health and Human Services’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
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(E) in paragraph (6), by striking ‘‘Sec-
retary of Health and Human Services’’ each 
place it appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(4) in subsection (d)(4)(A), by striking ‘‘Sec-
retary of Health and Human Services’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
(5) by adding at the end the following: 
‘‘(j) DNA TESTING.—Prior to placing an unaccom-
panied alien child into the custody of a sponsor who claims 
to be a biological relative of the child, the Secretary shall 
confirm the existence of such a relationship using DNA 
technology. For purposes of this subsection, a biological 
relative includes a grandfather, grandmother, brother, sis-
ter, aunt, uncle, parent, and first cousin. 
‘‘(k) LIMITATION ON PLACEMENT.—The Secretary of 
Homeland Security, or their designee, shall not place an 
unaccompanied alien child in a State, including in a Fed-
eral Government facility in a State, if the Governor of that 
State does not consent to such placement. This subsection 
does not apply to the placement of an unaccompanied alien 
child with a biological relative with whom the existence 
of such a relationship has been confirmed using DNA 
technology in accordance with subsection (j).’’. 
Æ 
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