Protecting UACs Through Enhanced Sponsor Vetting Act of 2021
Bill: H.R.3497 | Sponsor: Rep. Garbarino, Andrew R. (R-NY)
Policy area: Immigration

Summary:
Protecting UACs Through Enhanced Sponsor Vetting Act of 2021
This bill requires the Office of Refugee Resettlement within the Department of Health and Human Services to take additional actions when placing an unaccompanied alien child in the custody of a sponsor.
Before placing such a child with a sponsor and again when a placement decision has been made, the office must notify the governments of the state and the locality in which the prospective or selected sponsor resides.
When making determinations concerning the placement of such a child with a sponsor, the office must (1) include the Federal Bureau of Investigation and appropriate state and local law enforcement in its consultations, (2) ensure that the child is protected from designated transnational criminal organizations, (3) conduct a thorough background check of each prospective sponsor using the Next Generation Identification System, and (4) share with the Terrorist Screening Center any information establishing the child's or sponsor's affiliation with a designated transnational criminal organization.


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.

    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 ``Protecting UACs Through Enhanced 
Sponsor Vetting Act of 2021''.

SEC. 2. ADDITIONAL PROCEDURES FOR PLACEMENT DECISIONS FOR UNACCOMPANIED 
              ALIEN CHILDREN.

    Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is 
amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (K), by striking ``; and'' at 
                the end;
                    (B) in subparagraph (L), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(M) providing notification of the prospective 
                placement of an unaccompanied alien child with a 
                sponsor to the Governor of the State and the chief 
                executive of the county in which the sponsor 
                resides.'';
            (2) in subsection (b)(2), by amending subparagraph (A) to 
        read as follows:
                    ``(A) shall coordinate with appropriate juvenile 
                justice professionals, the Director of the Bureau of 
                Citizenship and Immigration Services, the Assistant 
                Secretary of the Bureau of Border Security, the 
                Director of the Federal Bureau of Investigation, and 
                appropriate State and local law enforcement officials 
                to ensure that such determinations ensure that 
                unaccompanied alien children described in such 
                subparagraph--
                            ``(i) are likely to appear for all hearings 
                        or proceedings in which they are involved;
                            ``(ii) are protected from smugglers, 
                        traffickers, members of a designated 
                        transnational criminal organization, or others 
                        who might seek to victimize or otherwise engage 
                        them in criminal, harmful, or exploitive 
                        activity, including by conducting a thorough 
                        criminal history background check utilizing the 
                        Next Generation Identification System or its 
                        successor system on prospective sponsors;
                            ``(iii) are placed in a setting in which 
                        they are not likely to pose a danger to 
                        themselves or others; and'';
            (3) by redesignating subsection (g) as subsection (h) and--
                    (A) in paragraph (1) of such subsection, by 
                striking ``and'' at the end;
                    (B) in paragraph (2) of such subsection, by 
                striking the period at the end and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
            ``(3) the term `transnational criminal organization' means 
        a criminal organization that has been designated as a 
        transnational criminal organization by the Office of Foreign 
        Assets Control at the Department of the Treasury.''; and
            (4) by inserting after subsection (f) the following:
    ``(g) Additional Procedures for Making Placement Determinations.--
            ``(1) Criminal records checks.--The Director shall 
        coordinate with the Attorney General to conduct a thorough 
        criminal history background check utilizing the Next Generation 
        Identification System or its successor system for all 
        prospective sponsors before placement of an unaccompanied alien 
        child.
            ``(2) Consultation with relevant law enforcement 
        entities.--The Director shall consult with relevant law 
        enforcement entities, including Federal, State, and local law 
        enforcement, prior to making a determination on whether it is 
        appropriate to place an unaccompanied alien child with a 
        prospective sponsor. This consultation will examine any 
        criminal activity in which the prospective sponsor may have 
        been, or is currently, involved.
            ``(3) Notification to state and local governments.--The 
        Director shall notify relevant State and local governments of 
        the decision to place an unaccompanied alien child with a 
        sponsor. This notification will include the Governor of the 
        state where the sponsor resides, as well as the mayor or 
        equivalent officeholder of the locality where the sponsor 
        resides.
            ``(4) Transnational criminal organization intelligence 
        sharing.--The Director shall provide to the Terrorist Screening 
        Center information uncovered during the placement process of an 
        unaccompanied alien child that establishes membership in, or 
        affiliation with, a designated transnational criminal 
        organization of either an unaccompanied alien child or a 
        prospective sponsor.''.
                                 <all>