ORR Act of 2022
Bill: H.R.8638 | Sponsor: Rep. Cawthorn, Madison (R-NC)
Policy area: Immigration

Summary:
Overhaul Resettlement Reasonably Act of 2022 or the ORR Act of 2022
This bill modifies various immigration-related provisions.
For example, the bill (1) increases to $25,000 (currently $1,500) the minimum amount of a security bond that the Department of Homeland Security may require before releasing a detained non-U.S. national (alien under federal law) from custody while a decision is pending as to whether to remove that non-U.S. national from the United States, and (2) imposes additional requirements before an individual may be considered an unaccompanied alien child (immigration law imposes various requirements relating to the treatment of unaccompanied alien children).

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 Representatives 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''.

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 Security'';
            (2) by striking ``Attorney General's'' each place it 
        appears and inserting ``Secretary of Homeland Security's'';
            (3) by striking ``the Service'' each place it appears and 
        inserting ``the Department of Homeland Security'';
            (4) in subsection (a)--
                    (A) by striking paragraph (2)(A) and inserting the 
                following new subparagraph:
                    ``(A) bond of at least $25,000 with security 
                approved by, and containing conditions prescribed by, 
                the Secretary of Homeland Security; or''; and
                    (B) by striking paragraph (3) and inserting the 
                following new paragraph:
            ``(3) shall not provide the alien with work authorization 
        (including an `employment authorized' endorsement or other 
        appropriate work permit), unless the alien is lawfully admitted 
        for permanent residence or otherwise would (without regard to 
        removal proceedings) be provided such authorization.''; and
            (5) by striking subsection (c)(1)(C) and inserting 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 Homeland Security Act of 
2002 (6 U.S.C. 279(g)(2)) is amended--
            (1) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following new 
        subparagraphs:
                    ``(C) has been affirmatively certified by the 
                Secretary of Homeland Security to have no affiliation 
                to a transnational criminal organization or 
                international gang; and
                    ``(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 unable 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 Attorney General shall conduct 
        an audit on aliens receiving services from the Office of 
        Refugee Resettlement 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 conducted under paragraph (1), such 
        unaccompanied alien child shall be placed in removal 
        proceedings under section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a).

SEC. 4. MANDATORY DETENTION OF SUSPECTED TERRORISTS AND MEMBERS OF 
              OTHER CRIMINAL ORGANIZATIONS.

    (a) Amendment.--Section 236A of the Immigration and Nationality Act 
(8 U.S.C. 1226A) is amended--
            (1) by striking the header and inserting ``mandatory 
        detention of suspected terrorists and members of criminal 
        organizations; habeas corpus; judicial review'';
            (2) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (3) in subsection (a)--
                    (A) by striking the header and inserting 
                ``Detention of Terrorist Aliens and Members of Other 
                Criminal Organizations'';
                    (B) by striking paragraph (2) and inserting the 
                following new paragraph:
            ``(2) Release.--Except as provided in paragraphs (5) and 
        (6), the Secretary of Homeland Security shall maintain custody 
        of such an alien until the alien is removed from the United 
        States. Except 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 
        paragraph (3).'';
                    (C) by striking paragraph (5) and inserting the 
                following new paragraph:
            ``(5) Commencement of proceedings.--The Secretary of 
        Homeland Security shall place an alien detained under paragraph 
        (1) in removal proceedings, or shall charge the alien with a 
        criminal offense, not later than 30 days after the commencement 
        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 inserting the 
                following new paragraph:
            ``(6) Limitation on indefinite detention.--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 
        unlikely in the reasonably foreseeable future for reasons other 
        than the alien's home country's refusal to 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 TRAFFICKING OF CHILDREN.

    (a) Amendment.--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) by striking paragraph (1) and inserting 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 
        procedures to ensure that unaccompanied alien children in the 
        United States are safely repatriated to their respective 
        countries of nationality or of last habitual residence.'';
                    (B) in paragraph (2)--
                            (i) by striking the header and inserting 
                        ``Rules for return of an unaccompanied alien 
                        child to their country of nationality or last 
                        habitual residence'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following new subparagraph:
                    ``(A) Determinations.--Any unaccompanied alien 
                child who is a national or habitual resident of a 
                country shall be treated in accordance 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 Homeland 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 alien 
                        child is at risk of being trafficked upon 
                        return to the child's country of nationality or 
                        of last habitual residence;
                            ``(iii) such unaccompanied alien child does 
                        not have an evidence-based credible or 
                        reasonable fear of returning to the child's 
                        country of nationality or of last habitual 
                        residence owing to a credible fear of 
                        persecution; and
                            ``(iv) the unaccompanied alien child is 
                        able to make an independent decision to 
                        withdraw his or her application for admission 
                        to the United States.'';
                            (iii) by striking clauses (i) and (ii) of 
                        subparagraph (B) and inserting the following 
                        new clauses:
                            ``(i) permit such unaccompanied alien child 
                        to withdraw their application for admission 
                        pursuant to section 235(a)(4) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1225(a)(4)); and
                            ``(ii) return such unaccompanied alien 
                        child to his or her country of nationality or 
                        country of last habitual residence.''; and
                            (iv) by striking subparagraph (C) and 
                        inserting the following new subparagraph:
                    ``(C) Unaccompanied alien children return 
                agreements with other countries.--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 minimum, provide that--
                            ``(i) no unaccompanied alien child shall be 
                        returned to his or her country of nationality 
                        or of last habitual residence unless 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 countries 
                        that are parties to such agreements are trained 
                        in the terms of such agreements.'';
                    (C) by striking paragraph (4) and inserting 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 immediately be transferred to 
                the Secretary of Health and Human Services and treated 
                in accordance with subsection (b).
                    ``(B) No preclusion of earlier transfer.--Nothing 
                in paragraph (A) shall prevent the earlier transfer of 
                an apprehended alien from the Secretary of Homeland 
                Security to the Secretary of Health and Human Services, 
                provided 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 Homeland 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 status.--
                            ``(i) In general.--If the Secretary of 
                        Homeland Security determines that an 
                        apprehended alien who previously self-
                        identified or was identified as a child is 
                        determined, 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 receives an 
                        evidence-based credible finding that an alien 
                        determined to be a child pursuant to clause (i) 
                        has obtained the age of 18 years old, the 
                        Secretary shall conduct an additional biometric 
                        assessment to determine the age of such alien. 
                        If the alien is determined to be an adult, they 
                        shall be transferred to the custody of the 
                        Department of Homeland Security.''; and
                    (D) by striking paragraph (5) and inserting the 
                following new paragraph:
            ``(5) Ensuring the safe repatriation of unaccompanied alien 
        children.--
                    ``(A) Repatriation program.--To protect children 
                from trafficking and exploitation, the Secretary of 
                Homeland Security shall finalize a program not later 60 
                days after the enactment of the `Overhaul Resettlement 
                Reasonably Act of 2022', in consultation with the 
                Secretary of Health and Human Services and the 
                Secretary of State, to develop and implement best 
                practices to ensure the rapid, safe, and sustainable 
                repatriation of unaccompanied alien children to their 
                respective country of nationality or of last habitual 
                residence, including placement with their respective 
                families, legal guardians, or other sponsoring 
                agencies.
                    ``(B) Assessment of country conditions.--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 
                following factors in the following order of priority:
                            ``(i) The existence or absence of 
                        diplomatic 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 country 
                        cooperates with the United States and other 
                        countries in bilateral or multilateral national 
                        security or law enforcement efforts.
                            ``(iv) The annual gross domestic product of 
                        that country and its global rank by annual 
                        gross domestic product.
                            ``(v) Any materials produced by the United 
                        States Government that supply information about 
                        the degree of human 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 unaccompanied alien 
                children.--Not later than January 1 of each year, the 
                Secretary of Homeland Security and the Secretary of 
                Health and Human Services, in consultation with the 
                Secretary 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 repatriation 
                programs for unaccompanied alien children, 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 such 
                        children from the United States and the steps 
                        taken to ensure that such children 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 
                        immigration relief sought and denied to such 
                        children;
                            ``(v) any information gathered in 
                        assessments 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 determined 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 Homeland 
                        Security Act of 2002 (6 U.S.C. 279).
                    ``(D) Placement in removal proceedings.--Any 
                unaccompanied alien child sought to be removed by the 
                Department of Homeland Security, except for an 
                unaccompanied 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 
                        accordance 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 develop procedures and provide 
                resources that facilitate the prompt determination of 
                the age of an alien in the custody of the head of each 
                Federal agency.
                    ``(B) Presumption of adulthood.-- Any procedures 
                developed by the Secretary of Homeland Security in 
                accordance with paragraph (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 
                determine that an alien is a child.
                    ``(C) Biometric and forensic tools authorized.--The 
                Department of Homeland Security is authorized to use 
                all available biometric and forensic tools as part of 
                the procedures to be developed by the Secretary of 
                Homeland Security in accordance with paragraph (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, biometric, 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 determine 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 
        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 determination 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 circumstance, a Federal department or 
        agency that has in custody an unaccompanied alien child shall 
        transfer custody of such child to the Secretary of Homeland 
        Security not later than 96 hours after determining that such 
        child is an unaccompanied alien child, so that the Department 
        of Homeland Security can make an age determination and 
        certification of the age of the alien in accordance with 
        subsection (a)(4).'';
            (3) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following paragraph:
            ``(1) Policies and programs.--The Secretary of Health and 
        Human Services and the Secretary of Homeland Security, in 
        consultation with the Attorney 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 victimize, profit 
        from, or otherwise engage such children in criminal, harmful, 
        or exploitative activity, including policies and programs 
        reflecting best practices 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 unaccompanied alien 
                        child who is placed in the custody of the 
                        Secretary of Health and Human Services 
                        subsequent to the Secretary of Homeland 
                        Security's age determination and certification 
                        efforts required by paragraph (4) of subsection 
                        (b) of this section shall be promptly placed in 
                        the setting that is deemed to be in the best 
                        interest 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 organization 
                        affiliation or membership, danger to self, 
                        danger to the community, and risk of flight.
                            ``(iii) Period placement review.--The 
                        placement of a child in a secure facility shall 
                        be reviewed, at a minimum, once every six 
                        months, in accordance with procedures 
                        prescribed by the Secretary of Health and Human 
                        Services, to determine if such placement 
                        remains in the interest of national security or 
                        public safety.
                    ``(B) Transfer of aliens from department 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 transfer such alien to 
                        the Department of Homeland Security for 
                        placement in removal proceedings.
                            ``(ii) Exception for sponsor placement 
                        consideration.--In a situation where an 
                        unaccompanied alien child is actively being 
                        considered for placement with a sponsor six 
                        months prior to the alien child's determined 
                        eighteenth birthday, the alien child may remain 
                        in the Department 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 Homeland Security's custody upon 
                        the denial of a sponsor's application or the 
                        alien child's eighteenth birthday, whichever 
                        comes first.
            ``(3) Safety and suitability assessments.--
                    ``(A) In general.--Subject to the requirements of 
                subparagraph (B), an unaccompanied alien child may not 
                be placed with an individual or organizational sponsor 
                unless the Secretary of Health and Human Services makes 
                a formal determination that the proposed sponsor is 
                capable of providing for the child's physical and 
                mental well-being.
                    ``(B) Criteria for evaluation of potential 
                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 following 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 fingerprints, 
                        DNA, or legal documentation demonstrating a 
                        familial relationship, both for the purposes of 
                        determining the potential 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, including any database 
                        containing criminal records.
                            ``(iv) Proof of the potential individual 
                        sponsor's ability to work, current employment 
                        or existing income, property, assets, and debts 
                        in order to ensure appropriate financial 
                        resources for care of the unaccompanied alien 
                        child.
                            ``(v) Proof of potential individual 
                        sponsor's health insurance in order to ensure 
                        appropriate medical care of the unaccompanied 
                        alien child.
                            ``(vi) Any past or present medical, 
                        including psychiatric, condition of the 
                        potential individual sponsor or other 
                        individual in the potential individual 
                        sponsor's household or residence that could 
                        pose a health 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 making a 
                        formal determination of fitness of a potential 
                        sponsor.
                    ``(C) Criteria for evaluation of potential 
                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 unaccompanied alien 
                        child.
                            ``(ii) Proof that all of the organization'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 making a 
                        formal determination of fitness of a potential 
                        organizational sponsor.
                    ``(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-placement 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 responsibility.--Not 
                        later than 60 days after the date of the 
                        enactment of `Overhaul Resettlement Reasonably 
                        Act of 2022', the Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        Health and Human Services shall develop and 
                        implement a joint plan of action ensuring 
                        suitability 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 enforcement 
                        investigations as a result of such inspection.
                            ``(iii) Placement restrictions.--The 
                        Secretary of Health and Human Services shall 
                        not place any unaccompanied alien child with 
                        any individual or organizational sponsor until 
                        such time as the Secretary of Homeland Security 
                        has conducted a pre-placement audit and 
                        provided written notice of fitness of such 
                        sponsor based on that pre-placement audit to 
                        the Secretary of Health and Human Services.
                            ``(iv) Randomized post-placement audits.--
                        Subsequent to a placement of an unaccompanied 
                        alien child with an individual or 
                        organizational sponsor by the Secretary of 
                        Health and Human Services, the Secretary of 
                        Homeland Security shall conduct random post-
                        placement audits of such sponsor, without 
                        providing advance notice of the audit to the 
                        sponsor.
                            ``(v) Placement revocations.--If, upon a 
                        post-placement audit of an unaccompanied alien 
                        child's individual or organizational sponsor in 
                        accordance with clause (iv), the Secretary of 
                        Homeland Security determines that such sponsor 
                        is no longer suitable for that unaccompanied 
                        alien child, the Secretary of Homeland Security 
                        shall remove the unaccompanied alien child from 
                        the sponsor's possession, return the 
                        unaccompanied alien child to the Secretary of 
                        Health and Human Services, 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 unaccompanied 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 
                        unaccompanied alien child to the Secretary of 
                        Health and Human Services, send a formal 
                        referral for criminal investigation of the 
                        sponsor to the Attorney General if the 
                        Secretary of Homeland Security's basis for 
                        removing 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 regulation, and the 
                        Attorney General shall, within 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 Services 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.
                            ``(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 
                        organizational sponsor in accordance with 
                        clause (v), the Secretary of Homeland Security 
                        shall immediately detain and initiate removal 
                        proceedings against an alien deemed to be 
                        unlawfully present encountered in the course of 
                        that post-placement audit.
                            ``(viii) Mandatory bar of problematic 
                        sponsors.--In the event of a removal of an 
                        unaccompanied alien child from the possession 
                        of any individual or organizational sponsor and 
                        receipt of written 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 
                        implementation.--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 established in this 
                        subparagraph.'';
            (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 effectiveness of, and any 
                        recommendations for improving, the Child 
                        Advocate Program operated 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 unaccompanied 
                                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 and 
                                assess the possible budgetary 
                                implications of increased participation 
                                in the program;
                                    ``(IV) evaluate the barriers to 
                                improving 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 
                                unaccompanied alien children; and
                                    ``(VI) make recommendations on 
                                statutory, regulatory, and internal 
                                agency guidance changes to improve the 
                                Child Advocate Program in relation 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 
                                Judiciary of the Senate and House of 
                                Representatives;
                                    ``(II) the Committee on Homeland 
                                Security and Government Affairs of the 
                                Senate;
                                    ``(III) the Committee on Health, 
                                Education, Labor, and Pensions of the 
                                Senate;
                                    ``(IV) the Committee on Homeland 
                                Security of the House of 
                                Representatives; and
                                    ``(V) the Committee on Education 
                                and Labor of the House of 
                                Representatives.
                            ``(iv) Authorization of appropriations.--
                        There is authorized to be appropriated 
                        $3,000,000 for each of the fiscal years [to be 
                        supplied] to [to be supplied].''; and
            (5) by striking subsection (e) and inserting the following 
        new subsection:
    ``(e) Training.--The Secretary of State, the Secretary of Homeland 
Security, the Secretary of Health and Human Services, and the Attorney 
General shall provide specialized training to all Federal personnel, 
and upon request, State and local personnel, who have substantive 
contact with unaccompanied alien children. Such personnel 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 appropriate, including children described in subsection (a)(2).''.
                                 <all>