I 
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 Com-
mittee on the Judiciary, and in addition to the Committee on Foreign Af-
fairs, 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 Representa-
tives 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’’. 
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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 Se-
curity’’; 
(2) by striking ‘‘Attorney General’s’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’s’’; 
(3) by striking ‘‘the Service’’ each place it ap-
pears and inserting ‘‘the Department of Homeland 
Security’’; 
(4) in subsection (a)— 
(A) by striking paragraph (2)(A) and in-
serting the following new subparagraph: 
‘‘(A) bond of at least $25,000 with secu-
rity approved by, and containing conditions pre-
scribed by, the Secretary of Homeland Security; 
or’’; and 
(B) by striking paragraph (3) and insert-
ing the following new paragraph: 
‘‘(3) shall not provide the alien with work au-
thorization (including an ‘employment authorized’ 
endorsement or other appropriate work permit), un-
less the alien is lawfully admitted for permanent res-
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idence or otherwise would (without regard to re-
moval proceedings) be provided such authorization.’’; 
and 
(5) by striking subsection (c)(1)(C) and insert-
ing 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 Home-
land Security Act of 2002 (6 U.S.C. 279(g)(2)) is amend-
ed— 
(1) in subparagraph (B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraphs: 
‘‘(C) has been affirmatively certified by the 
Secretary of Homeland Security to have no af-
filiation to a transnational criminal organization 
or international gang; and 
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‘‘(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 un-
able 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 At-
torney General shall conduct an audit on aliens re-
ceiving services from the Office of Refugee Resettle-
ment 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 con-
ducted under paragraph (1), such unaccompanied 
alien child shall be placed in removal proceedings 
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under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a). 
SEC. 4. MANDATORY DETENTION OF SUSPECTED TERROR-
ISTS AND MEMBERS OF OTHER CRIMINAL OR-
GANIZATIONS. 
(a) AMENDMENT.—Section 236A of the Immigration 
and Nationality Act (8 U.S.C. 1226A) is amended— 
(1) by striking the header and inserting ‘‘MAN-
DATORY DETENTION OF SUSPECTED TERROR-
ISTS AND MEMBERS OF CRIMINAL ORGANIZA-
TIONS; HABEAS CORPUS; JUDICIAL REVIEW’’; 
(2) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(3) in subsection (a)— 
(A) by striking the header and inserting 
‘‘DETENTION
OF
TERRORIST
ALIENS
AND 
MEMBERS
OF OTHER CRIMINAL ORGANIZA-
TIONS’’; 
(B) by striking paragraph (2) and insert-
ing the following new paragraph: 
‘‘(2) RELEASE.—Except as provided in para-
graphs (5) and (6), the Secretary of Homeland Se-
curity shall maintain custody of such an alien until 
the alien is removed from the United States. Except 
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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 para-
graph (3).’’; 
(C) by striking paragraph (5) and insert-
ing the following new paragraph: 
‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The 
Secretary of Homeland Security shall place an alien 
detained under paragraph (1) in removal pro-
ceedings, or shall charge the alien with a criminal 
offense, not later than 30 days after the commence-
ment 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 insert-
ing the following new paragraph: 
‘‘(6) LIMITATION
ON
INDEFINITE
DETEN-
TION.—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 un-
likely in the reasonably foreseeable future for rea-
sons other than the alien’s home country’s refusal to 
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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 TRAF-
FICKING OF CHILDREN. 
(a) AMENDMENT.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing 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 pro-
cedures to ensure that unaccompanied alien children 
in the United States are safely repatriated to their 
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respective countries of nationality or of last habitual 
residence.’’; 
(B) in paragraph (2)— 
(i) by striking the header and insert-
ing ‘‘RULES FOR RETURN OF AN UNAC-
COMPANIED ALIEN CHILD TO THEIR COUN-
TRY OF NATIONALITY OR LAST HABITUAL 
RESIDENCE’’; 
(ii) by striking subparagraph (A) and 
inserting the following new subparagraph: 
‘‘(A) DETERMINATIONS.—Any unaccom-
panied alien child who is a national or habitual 
resident of a country shall be treated in accord-
ance 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 Home-
land 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 
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(iv) by striking subparagraph (C) and 
inserting the following new subparagraph: 
‘‘(C) UNACCOMPANIED
ALIEN
CHILDREN 
RETURN
AGREEMENTS
WITH
OTHER
COUN-
TRIES.—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 min-
imum, provide that— 
‘‘(i) no unaccompanied alien child 
shall be returned to his or her country of 
nationality or of last habitual residence un-
less 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 coun-
tries that are parties to such agreements 
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are trained in the terms of such agree-
ments.’’; 
(C) by striking paragraph (4) and insert-
ing 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 imme-
diately be transferred to the Secretary of 
Health and Human Services and treated in ac-
cordance with subsection (b). 
‘‘(B) NO PRECLUSION OF EARLIER TRANS-
FER.—Nothing in paragraph (A) shall prevent 
the earlier transfer of an apprehended alien 
from the Secretary of Homeland Security to the 
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Secretary of Health and Human Services, pro-
vided 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 Home-
land 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
STA-
TUS.— 
‘‘(i) IN GENERAL.—If the Secretary of 
Homeland Security determines that an ap-
prehended alien who previously self-identi-
fied or was identified as a child is deter-
mined, 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 re-
ceives an evidence-based credible finding 
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that an alien determined to be a child pur-
suant to clause (i) has obtained the age of 
18 years old, the Secretary shall conduct 
an additional biometric assessment to de-
termine the age of such alien. If the alien 
is determined to be an adult, they shall be 
transferred to the custody of the Depart-
ment of Homeland Security.’’; and 
(D) by striking paragraph (5) and insert-
ing the following new paragraph: 
‘‘(5) ENSURING THE SAFE REPATRIATION OF 
UNACCOMPANIED ALIEN CHILDREN.— 
‘‘(A) REPATRIATION
PROGRAM.—To pro-
tect children from trafficking and exploitation, 
the Secretary of Homeland Security shall final-
ize a program not later 60 days after the enact-
ment of the ‘Overhaul Resettlement Reasonably 
Act of 2022’, in consultation with the Secretary 
of Health and Human Services and the Sec-
retary of State, to develop and implement best 
practices to ensure the rapid, safe, and sustain-
able repatriation of unaccompanied alien chil-
dren to their respective country of nationality 
or of last habitual residence, including place-
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ment with their respective families, legal guard-
ians, or other sponsoring agencies. 
‘‘(B) ASSESSMENT
OF
COUNTRY
CONDI-
TIONS.—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 fol-
lowing factors in the following order of priority: 
‘‘(i) The existence or absence of diplo-
matic 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 coun-
try cooperates with the United States and 
other countries in bilateral or multilateral 
national security or law enforcement ef-
forts. 
‘‘(iv) The annual gross domestic prod-
uct of that country and its global rank by 
annual gross domestic product. 
‘‘(v) Any materials produced by the 
United States Government that supply in-
formation about the degree of human 
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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 UNAC-
COMPANIED ALIEN CHILDREN.—Not later than 
January 1 of each year, the Secretary of Home-
land Security and the Secretary of Health and 
Human Services, in consultation with the Sec-
retary 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 repatri-
ation programs for unaccompanied alien chil-
dren, 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 
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such children from the United States and 
the steps taken to ensure that such chil-
dren 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 im-
migration relief sought and denied to such 
children; 
‘‘(v) any information gathered in as-
sessments 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 deter-
mined 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 Home-
land Security Act of 2002 (6 U.S.C. 279). 
‘‘(D) PLACEMENT
IN
REMOVAL
PRO-
CEEDINGS.—Any unaccompanied alien child 
sought to be removed by the Department of 
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Homeland Security, except for an unaccom-
panied 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 ac-
cordance 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 de-
velop procedures and provide resources that fa-
cilitate the prompt determination of the age of 
an alien in the custody of the head of each Fed-
eral agency. 
‘‘(B) PRESUMPTION
OF
ADULTHOOD.— 
Any procedures developed by the Secretary of 
Homeland Security in accordance with para-
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graph (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 deter-
mine that an alien is a child. 
‘‘(C) BIOMETRIC
AND
FORENSIC
TOOLS 
AUTHORIZED.—The Department of Homeland 
Security is authorized to use all available bio-
metric and forensic tools as part of the proce-
dures to be developed by the Secretary of 
Homeland Security in accordance with para-
graph (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, bi-
ometric, 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 deter-
mine 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 
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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 de-
termination 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 cir-
cumstance, a Federal department or agency that has 
in custody an unaccompanied alien child shall trans-
fer custody of such child to the Secretary of Home-
land Security not later than 96 hours after deter-
mining that such child is an unaccompanied alien 
child, so that the Department of Homeland Security 
can make an age determination and certification of 
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the age of the alien in accordance with subsection 
(a)(4).’’; 
(3) in subsection (c)— 
(A) by striking paragraph (1) and insert-
ing the following paragraph: 
‘‘(1) POLICIES AND PROGRAMS.—The Secretary 
of Health and Human Services and the Secretary of 
Homeland Security, in consultation with the Attor-
ney 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 vic-
timize, profit from, or otherwise engage such chil-
dren in criminal, harmful, or exploitative activity, in-
cluding policies and programs reflecting best prac-
tices 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 unaccom-
panied alien child who is placed in the cus-
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tody of the Secretary of Health and 
Human Services subsequent to the Sec-
retary of Homeland Security’s age deter-
mination and certification efforts required 
by paragraph (4) of subsection (b) of this 
section shall be promptly placed in the set-
ting that is deemed to be in the best inter-
est 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 or-
ganization affiliation or membership, dan-
ger to self, danger to the community, and 
risk of flight. 
‘‘(iii) PERIOD PLACEMENT REVIEW.— 
The placement of a child in a secure facil-
ity shall be reviewed, at a minimum, once 
every six months, in accordance with pro-
cedures prescribed by the Secretary of 
Health and Human Services, to determine 
if such placement remains in the interest 
of national security or public safety. 
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‘‘(B) TRANSFER
OF
ALIENS
FROM
DE-
PARTMENT 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 trans-
fer such alien to the Department of Home-
land Security for placement in removal 
proceedings. 
‘‘(ii) 
EXCEPTION
FOR
SPONSOR 
PLACEMENT CONSIDERATION.—In a situa-
tion where an unaccompanied alien child is 
actively being considered for placement 
with a sponsor six months prior to the 
alien child’s determined eighteenth birth-
day, the alien child may remain in the De-
partment 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 Home-
land Security’s custody upon the denial of 
a sponsor’s application or the alien child’s 
eighteenth birthday, whichever comes first. 
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‘‘(3) 
SAFETY
AND
SUITABILITY
ASSESS-
MENTS.— 
‘‘(A) IN
GENERAL.—Subject to the re-
quirements of subparagraph (B), an unaccom-
panied alien child may not be placed with an in-
dividual or organizational sponsor unless the 
Secretary of Health and Human Services makes 
a formal determination that the proposed spon-
sor is capable of providing for the child’s phys-
ical and mental well-being. 
‘‘(B) CRITERIA FOR EVALUATION OF PO-
TENTIAL
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 fol-
lowing 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 finger-
prints, DNA, or legal documentation dem-
onstrating a familial relationship, both for 
the purposes of determining the potential 
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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, in-
cluding any database containing criminal 
records. 
‘‘(iv) Proof of the potential individual 
sponsor’s ability to work, current employ-
ment or existing income, property, assets, 
and debts in order to ensure appropriate 
financial resources for care of the unac-
companied alien child. 
‘‘(v) Proof of potential individual 
sponsor’s health insurance in order to en-
sure appropriate medical care of the unac-
companied alien child. 
‘‘(vi) Any past or present medical, in-
cluding psychiatric, condition of the poten-
tial individual sponsor or other individual 
in the potential individual sponsor’s house-
hold or residence that could pose a health 
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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 mak-
ing a formal determination of fitness of a 
potential sponsor. 
‘‘(C) CRITERIA FOR EVALUATION OF PO-
TENTIAL
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 unaccom-
panied alien child. 
‘‘(ii) Proof that all of the organiza-
tion’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 mak-
ing a formal determination of fitness of a 
potential organizational sponsor. 
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‘‘(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-place-
ment 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
RESPONSI-
BILITY.—Not later than 60 days after the 
date of the enactment of ‘Overhaul Reset-
tlement Reasonably Act of 2022’, the Sec-
retary of Homeland Security, in consulta-
tion with the Secretary of Health and 
Human Services shall develop and imple-
ment a joint plan of action ensuring suit-
ability 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 enforce-
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clause (iv), the Secretary of Homeland Se-
curity determines that such sponsor is no 
longer suitable for that unaccompanied 
alien child, the Secretary of Homeland Se-
curity shall remove the unaccompanied 
alien child from the sponsor’s possession, 
return the unaccompanied alien child to 
the Secretary of Health and Human Serv-
ices, 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 unaccom-
panied 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 unaccom-
panied alien child to the Secretary of 
Health and Human Services, send a formal 
referral for criminal investigation of the 
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sponsor to the Attorney General if the Sec-
retary of Homeland Security’s basis for re-
moving 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 regula-
tion, and the Attorney General shall, with-
in 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 Serv-
ices as to whether the Attorney General in-
tends 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 organiza-
tional sponsor in accordance with clause 
(v), the Secretary of Homeland Security 
shall immediately detain and initiate re-
moval proceedings against an alien deemed 
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to be unlawfully present encountered in the 
course of that post-placement audit. 
‘‘(viii) MANDATORY BAR OF PROBLEM-
ATIC
SPONSORS.—In the event of a re-
moval of an unaccompanied alien child 
from the possession of any individual or 
organizational sponsor and receipt of writ-
ten 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 IMPLE-
MENTATION.—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 estab-
lished in this subparagraph.’’; 
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(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 effective-
ness of, and any recommendations for im-
proving, the Child Advocate Program oper-
ated 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 unaccom-
panied 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 
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and assess the possible budgetary im-
plications of increased participation in 
the program; 
‘‘(IV) evaluate the barriers to im-
proving 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 un-
accompanied alien children; and 
‘‘(VI) make recommendations on 
statutory, regulatory, and internal 
agency guidance changes to improve 
the Child Advocate Program in rela-
tion 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 Judi-
ciary of the Senate and House of Rep-
resentatives; 
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‘‘(II) the Committee on Home-
land Security and Government Affairs 
of the Senate; 
‘‘(III) the Committee on Health, 
Education, Labor, and Pensions of 
the Senate; 
‘‘(IV) the Committee on Home-
land Security of the House of Rep-
resentatives; and 
‘‘(V) the Committee on Edu-
cation and Labor of the House of 
Representatives. 
‘‘(iv) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated $3,000,000 for each of the fiscal 
years øto be supplied¿ to øto be sup-
plied¿.’’; and 
(5) by striking subsection (e) and inserting the 
following new subsection: 
‘‘(e) TRAINING.—The Secretary of State, the Sec-
retary of Homeland Security, the Secretary of Health and 
Human Services, and the Attorney General shall provide 
specialized training to all Federal personnel, and upon re-
quest, State and local personnel, who have substantive 
contact with unaccompanied alien children. Such per-
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sonnel 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 appro-
priate, including children described in subsection (a)(2).’’. 
Æ 
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