,,ib ,union ,calendar ,no4 #big #aaith ,,congress #ast ,session ,h4 ,r4 #dcga ,report ,no4 #aai-cde ,,in ,,the ,,house ,,of ,,representatives ,july #ad1 #bjbe,mr4 ,fry 7for himself1 ,mr4 ,nehls1 and ,mr4 ,moore of ,alabama7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,october #ag1 #bjbe,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,july #ad1 #bjbe ,a ,,bill ,to amend the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh to enhance efforts to combat the trafficking of children4 #a4 ,short title ,this ,act may be cited as the ,kayla ,hamilton ,act4 #b4 ,placement determinations for unaccompanied alien children ,section #dfb7;b77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;b77#b77 is amended to read as follows3 7#b7 ,placement determinations for unaccompanied alien children ,the ,director of the ,office of ,refugee ,resettlement shall make determinations under paragraph 7#a77;,c7 in accordance with section #bce7;c77#b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#b774 4 #c4 ,enhancing efforts to combat the trafficking of children ,section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77 is amended-- 7#a7 in paragraph 7#b71 to read as follows3 7#b7 ,safe and secure placements 7,a7 ,initial actions ,the ,secretary of ,health and ,human ,services may not make a placement determination under this paragraph for an unaccompanied alien child who is in ,federal custody by reason of the immigration status of that child until the ,secretary does the following3 7i7 ,consultations ,the ,secretary of ,health and ,human ,services shall consult with the ,secretary of ,homeland ,security and the ,attorney ,general 7including appropriate juvenile justice officials7-- 7,i7 to ensure that the unaccompanied alien child will appear for all immigration1 administrative1 and judicial hearings or proceedings in which the child is involved2 7,,ii7 to ensure that the unaccompanied alien child will be protected from smugglers1 traffickers1 gangs1 and others who might seek to victimize or otherwise engage the child in criminal1 harmful1 or exploitative activity2 and 7,,iii7 to determine if the unaccompanied alien child-- 7aa7 is a flight risk2 7bb7 is a danger to self1 another individual1 or the community2 or 7cc7 has been arrested for1 charged with1 or convicted of any criminal offense in the ,united ,states or in his or her country of citizenship1 nationality1 or last habitual residence4 7ii7 ,screening for gang related activity2 requirement to obtain criminal records ,in the case of an unaccompanied alien child #ab years of age or older1 the ,secretary of ,health and ,human ,services shall-- 7,i7 contact the consulate or embassy of the country of citizenship1 nationality1 or last habitual residence for the unaccompanied alien child to obtain any relevant arrest records1 pending criminal charges1 or conviction documents involving such child2 and 7,,ii7 conduct an examination of the unaccompanied alien child to determine if such child has any gang-related tattoos and other gang-related markings4 7,b7 ,placement generally 7i7 ,in general ,except as otherwise provided in this paragraph1 an unaccompanied alien child who is in the custody of the ,department of ,health and ,human ,services shall be promptly placed in the least restrictive setting that is in the best interest of the child4 7ii7 ,prohibition on release on own recognizance ,an unaccompanied alien child may not be released on his or her own recognizance4 7,c7 ,placement of certain unaccompanied alien children in secure facilities ,in the case of an unaccompanied alien child #ab years of age or older1 the unaccompanied alien child shall be placed in a secure facility for the duration of any immigration proceedings 7and1 if ordered removed1 until such unaccompanied alien child is removed7 if the unaccompanied alien child-- 7i7 is a flight risk2 or 7ii7 is a danger to self1 other individuals1 or the community1 including if the unaccompanied alien child-- 7,i7 has a gang-related tattoo or any other gang-related marking2 7,,ii7 has been convicted of a serious criminal offense 7as defined in section #aja7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;h777 in any ,state or territory of the ,united ,states or in the unaccompanied alien child's country of citizenship1 nationality1 or last habitual residence2 7,,iii7 has been convicted of any aggravated felony 7as defined in section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc772 or 7,,iv7 has1 for conduct in connection with gang affiliation or gang activity in any ,state or territory of the ,united ,states or in the unaccompanied alien child's country of citizenship1 nationality1 or last habitual residence-- 7aa7 any arrest record2 7bb7 any pending criminal charge2 7cc7 any other pending proceeding2 or 7dd7 any conviction4 7,d7 ,prohibitions on placement of unaccompanied alien children with certain individuals ,the ,secretary of ,health and ,human ,services shall not place an unaccompanied alien child in the custody of any individual who is one or more of the following3 7i7 ,secure and stable sponsors ,an individual who is not a ,united ,states citizen or a lawful permanent resident of the ,united ,states4 7ii7 ,individuals with criminal history ,an individual who has been convicted of1 or who resides in a household with an individual who has been convicted of-- 7,i7 a sex offense 7as defined in section #aaa7e7 of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa7e7772 7,,ii7 a crime involving severe forms of trafficking in persons 7as defined in section #ajc7aa7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7aa7772 7,,iii7 a crime of domestic violence 7as defined in section #djjjb7;a77#ab7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a77#ab7772 7,,iv7 a crime of child abuse and neglect 7as defined in section #c of the ,child ,abuse ,prevention and ,treatment ,act 7,public ,law #ic-bdg2 #db ,u4,s4,c4 #eaja note772 7,v7 murder1 manslaughter1 or an attempt to commit murder or manslaughter 7as defined in sections #aaaa1 #aaab1 and #aaac of title #ah1 ,united ,states ,code72 7,,vi7 a crime involving the receipt1 distribution1 or possession of a visual depiction of a minor engaging in sexually explicit conduct 7as described in section #bbeb of title #ah1 ,united ,states ,code72 7,,vii7 any crime for which an alien is required to be taken into custody pursuant to section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a772 7,,viii7 any aggravated felony 7as defined in section #aja of the ,immigration and ,nationality ,act72 7,,ix7 any crime defined as a felony by the relevant jurisdiction 7,federal1 ,state1 tribal1 or local72 7,x7 any crime punishable by more than #a year of imprisonment2 or 7,,xi7 any other criminal offense as designated by the ,attorney ,general1 in the ,attorney ,general's sole and unreviewable discretion4 2 and 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking ,subject to the requirements of subparagraph 7,b7 and inserting ,subject to the requirements of subparagraphs 7,b7 and 7,d72 and 7,b7 by inserting at the end the following3 7,d7 ,information about individuals with whom children are placed ,before placing a child with any individual1 the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security1 with regard to the individual with whom the child will be placed and each adult resident of the individual's household1 information on-- 7i7 the name of the individual and each adult resident of the individual's household2 7ii7 the social security number or individual taxpayer identification number of the individual and each adult resident of the individual's household2 7iii7 the date of birth of the individual and of each adult resident of the individual's household2 7iv7 the physical location and address of the individual's residence where the child will be placed2 7v7 the immigration status of the individual and each adult resident of the individual's household2 7vi7 contact information for the individual and for each adult resident of the individual's household1 including telephone numbers1 email addresses1 and work telephone numbers 7if available72 and 7vii7 the results of all background and criminal records checks conducted on the individual and each adult resident of the individual's household1 which shall include at a minimum an investigation of the ,dru ,sjodin ,national ,sex ,offender ,public ,website1 a public records background check1 and a national criminal history background check based on fingerprints4 4 #d4 ,construction2 severability ,any provision of the this ,act or an amendment made by this ,act held to be invalid or unenforceable by its terms1 or as applied to any person or circumstance1 shall be construed so as to give it the maximum effect permitted by law1 unless such holding shall be utterly invalid or unenforceable1 in which event such provision shall be deemed severable from this ,act and shall not affect the remainder of this ,act1 or the application of such provision to other persons not similarly situated or to other1 dissimilar circumstances4 #e4 ,exemption from ,paperwork ,reduction ,act and the ,administrative ,procedure ,act 7a7 ,paperwork reduction act ,nothing in this ,act may be construed to require the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,state1 or the ,attorney ,general to comply with the requirements of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act7 if such individuals determine that compliance would impede the immediate implementation of this ,act or the amendments made by this ,act4 7b7 ,administrative procedure act ,nothing in this ,act may be construed to require the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,state1 or the ,attorney ,general to promulgate regulations under subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedure ,act71 if such individuals determine that compliance would impede the immediate implementation of this ,act or the amendments made by this ,act4 #f4 ,effective date2 applicability 7a7 ,in general ,except as provided in subsection 7b71 this ,act and the amendments made by this shall take effect on the date of the enactment of this ,act4 7b7 ,applicability ,this ,act and the amendments made by this ,act shall apply to any release and custody determinations for an unaccompanied alien child 7as defined in section #fdb7;g77#b7 of the ,homeland ,security ,act of #bjjb71 that are pending or occur on or after the date of the enactment of this ,act1 and all release redeterminations4 ,amend the title so as to read3 ,a bill to amend the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh and the ,homeland ,security ,act of #bjjb to enhance efforts to combat the trafficking of children44 ,october #ag1 #bjbe,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed