Sec. 229.
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/bill/117/hr/4502/eh/section-229·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
None of the funds made available in this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) in any facility that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing unaccompanied alien children in such a facility is necessary on a temporary basis due to an influx of such children or an emergency, provided that— the terms of the grant or contract for the operations of any such facility that remains in operation for more than three consecutive months shall require compliance with— the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities; and staffing ratios of one
(1)on-duty Youth Care Worker for every eight
(8)children or youth during waking hours, one
(1)on-duty Youth Care Worker for every sixteen
(16)children or youth during sleeping hours, and clinician ratios to children (including mental health providers) as required in grantee cooperative agreements; the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph
(1)if the Secretary certifies and provides a report to Congress on the contractor’s or grantee’s good-faith efforts and progress towards compliance; if the Secretary determines that a contractor or grantee is not in compliance after the Secretary has granted a 60-day waiver, the Secretary shall not permit such contractor or grantee to continue to provide services beyond a reasonable period, not to exceed 60 days, needed to award a contract or grant to a new service provider, and the incumbent contractor or grantee shall not be eligible to compete for the new contact or grant; ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019; for any such unlicensed facility in operation for more than three consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first three months of operation, with quarterly monitoring visits thereafter; and not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities.
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U.S. Code