Kayla Hamilton Act in plain language
1: Short title
This section would let the Act be called the "Kayla Hamilton Act."
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1. Short title This Act may be cited as the Kayla Hamilton Act .
2: Enhancing efforts to combat the trafficking of children
This section would change the rules for placing unaccompanied immigrant children who are in the custody of the Secretary of Health and Human Services, by amending the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. It covers two kinds of placement: placement in a facility, and placement with an individual sponsor. For facility placements, the bill would make it mandatory, rather than merely optional, for the Secretary to consider certain factors already set out in existing law when deciding where to place a child. It would also add a new set of screening steps that apply to every unaccompanied child older than 12 (children 12 and younger are excluded from these new steps). Before placing an affected child, the Secretary would have to contact the consulate or embassy of the child's country of nationality or last habitual residence to request the child's criminal record, and would have to examine the child for gang-related tattoos or other gang-related markings. If the Secretary finds that the child has a gang-related tattoo or other gang-related marking, or has an arrest record, a pending criminal charge, or a conviction in that home country connected to gang affiliation or activity, the child would have to be placed in a secure facility. The Secretary would not be required to review a child's placement in a secure facility made under this new rule. The bill would also add an exception to an existing limit on where a child may be placed, so the new secure-facility placement can apply even when that existing limit would otherwise apply. For placements with an individual sponsor, the bill would add two new requirements. First, a child could not be placed with an individual who is unlawfully present in the United States. Second, before placing a child with an individual, the Secretary of Health and Human Services would have to give the Secretary of Homeland Security information about that individual and about every adult living in that individual's household: each person's name, social security number, date of birth, the location of the residence where the child would live, each person's immigration status, contact information for each person, and the results of background and criminal-record checks on each person. Those checks would have to include, at minimum, a search of the public sex-offender registry through the Department of Justice's National Sex Offender Public Website, a public-records background check, and an FBI national criminal history check based on fingerprints.
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2. Enhancing efforts to combat the trafficking of children Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c) ) is amended— (1) in paragraph (2)— (A) by striking Subject to section 462(b)(2) and inserting (i) In general.— Except as provided in clause (ii), subject to section 462(b)(2) ; (B) by striking In making such placements, the Secretary may consider and inserting In making such placements, the Secretary shall consider ; (C) by striking A child shall not be placed and inserting Except as provided in clause (ii), a child shall not be placed ; and (D) by adding at the end the following: (ii) Additional safeguards Except in the case of a unaccompanied alien child who is 12 years of age or younger— (I) prior to making a placement under clause (i), the Secretary shall— (aa) contact the consulate or embassy of the country of nationality or last habitual residence of an unaccompanied alien child in the custody of the Secretary of Health and Human Services to request such unaccompanied alien child’s criminal record; and (bb) shall conduct an examination of the unaccompanied alien child for gang-related tattoos and other gang-related markings, and (II) if the Secretary determines that the unaccompanied alien child has a gang-related tattoo, any other gang-related marking, or an arrest record, pending criminal charge, or conviction in his or her country of nationality or last habitual residence relating to gang affiliation or activity, the unaccompanied alien child shall be placed in a secure facility. Notwithstanding clause (i), the Secretary is not required to review the placement of an unaccompanied alien child in a secure facility under this clause. ; and (2) in paragraph (3)— (A) in subparagraph (A)— (i) by striking Subject to the requirements of subparagraph (B) and inserting Subject to the requirements of subparagraphs (B) and (D) ; and (ii) by inserting at the end the following: A child shall not be placed with an individual who is unlawfully present in the United States. ; and (B) by inserting at the end the following: (D) Information about individuals with whom children are placed Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed and all adult residents of the individual’s household, information on— (i) the name of the individual and all adult residents of the individual’s household; (ii) the social security number of the individual and all adult residents of the individual’s household; (iii) the date of birth of the individual and all adult residents of the individual’s household; (iv) the location of the individual’s residence where the child will be placed; (v) the immigration status of the individual and all adult residents of the individual’s household; (vi) contact information for the individual and all adult residents of the individual’s household; and (vii) the results of all background and criminal records checks for the individual and all adult residents of the individual’s household, which shall include at a minimum an investigation of public records sex offender registry conducted through the U.S. Department of Justice National Sex Offender public website, a public records background check, and Federal Bureau of Investigation National Criminal history check based on fingerprints. .