H.R. 4371

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4371 Engrossed in House (EH)]

<DOC>

119th CONGRESS
1st Session
H. R. 4371

_______________________________________________________________________

AN ACT

To amend the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 and the Homeland Security Act of 2002 to 
enhance efforts to combat the trafficking of children.

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 ``Kayla Hamilton Act''.

SEC. 2. PLACEMENT DETERMINATIONS FOR UNACCOMPANIED ALIEN CHILDREN.

Section 462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)(2)) is amended to read as follows:
``(2) Placement determinations for unaccompanied alien 
children.--The Director of the Office of Refugee Resettlement 
shall make determinations under paragraph (1)(C) in accordance 
with section 235(c)(2) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(c)(2)).''.

SEC. 3. 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), to read as follows:
``(2) Safe and secure placements.--
``(A) 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 
following:
``(i) Consultations.--The Secretary of 
Health and Human Services shall consult with 
the Secretary of Homeland Security and the 
Attorney General (including appropriate 
juvenile justice officials)--
``(I) to ensure that the 
unaccompanied alien child will appear 
for all immigration, administrative, 
and judicial hearings or proceedings in 
which the child is involved;
``(II) to ensure that the 
unaccompanied alien child will be 
protected from smugglers, traffickers, 
gangs, and others who might seek to 
victimize or otherwise engage the child 
in criminal, harmful, or exploitative 
activity; and
``(III) to determine if the 
unaccompanied alien child--
``(aa) is a flight risk;
``(bb) is a danger to self, 
another individual, or the 
community; or
``(cc) has been arrested 
for, charged with, or convicted 
of any criminal offense in the 
United States or in his or her 
country of citizenship, 
nationality, or last habitual 
residence.
``(ii) Screening for gang related activity; 
requirement to obtain criminal records.--In the 
case of an unaccompanied alien child 12 years 
of age or older, the Secretary of Health and 
Human Services shall--
``(I) contact the consulate or 
embassy of the country of citizenship, 
nationality, or last habitual residence 
for the unaccompanied alien child to 
obtain any relevant arrest records, 
pending criminal charges, or conviction 
documents involving such child; and
``(II) conduct an examination of 
the unaccompanied alien child to 
determine if such child has any gang-
related tattoos and other gang-related 
markings.
``(B) Placement generally.--
``(i) In general.--Except as otherwise 
provided in this paragraph, 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 
child.
``(ii) Prohibition on release on own 
recognizance.--An unaccompanied alien child may 
not be released on his or her own recognizance.
``(C) Placement of certain unaccompanied alien 
children in secure facilities.--In the case of an 
unaccompanied alien child 12 years of age or older, the 
unaccompanied alien child shall be placed in a secure 
facility for the duration of any immigration 
proceedings (and, if ordered removed, until such 
unaccompanied alien child is removed) if the 
unaccompanied alien child--
``(i) is a flight risk; or
``(ii) is a danger to self, other 
individuals, or the community, including if the 
unaccompanied alien child--
``(I) has a gang-related tattoo or 
any other gang-related marking;
``(II) has been convicted of a 
serious criminal offense (as defined in 
section 101(h) of the Immigration and 
Nationality Act (8 U.S.C. 1101(h))) in 
any State or territory of the United 
States or in the unaccompanied alien 
child's country of citizenship, 
nationality, or last habitual 
residence;
``(III) has been convicted of any 
aggravated felony (as defined in 
section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 
1101(a)(43)); or
``(IV) has, 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 
citizenship, nationality, or last 
habitual residence--
``(aa) any arrest record;
``(bb) any pending criminal 
charge;
``(cc) any other pending 
proceeding; or
``(dd) any conviction.
``(D) 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 following:
``(i) Secure and stable sponsors.--An 
individual who is not a United States citizen 
or a lawful permanent resident of the United 
States.
``(ii) Individuals with criminal history.--
An individual who has been convicted of, or who 
resides in a household with an individual who 
has been convicted of--
``(I) a sex offense (as defined in 
section 111(5) of the Sex Offender 
Registration and Notification Act (34 
U.S.C. 20911(5)));
``(II) a crime involving severe 
forms of trafficking in persons (as 
defined in section 103(11) of the 
Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102(11)));
``(III) a crime of domestic 
violence (as defined in section 
40002(a)(12) of the Violence Against 
Women Act of 1994 (34 U.S.C. 
12291(a)(12)));
``(IV) a crime of child abuse and 
neglect (as defined in section 3 of the 
Child Abuse Prevention and Treatment 
Act (Public Law 93-247; 42 U.S.C. 5101 
note));
``(V) murder, manslaughter, or an 
attempt to commit murder or 
manslaughter (as defined in sections 
1111, 1112, and 1113 of title 18, 
United States Code);
``(VI) a crime involving the 
receipt, distribution, or possession of 
a visual depiction of a minor engaging 
in sexually explicit conduct (as 
described in section 2252 of title 18, 
United States Code);
``(VII) any crime for which an 
alien is required to be taken into 
custody pursuant to section 236(c)(1) 
of the Immigration and Nationality Act 
(8 U.S.C. 1226(c)(1));
``(VIII) any aggravated felony (as 
defined in section 101 of the 
Immigration and Nationality Act);
``(IX) any crime defined as a 
felony by the relevant jurisdiction 
(Federal, State, tribal, or local);
``(X) any crime punishable by more 
than 1 year of imprisonment; or
``(XI) any other criminal offense 
as designated by the Attorney General, 
in the Attorney General's sole and 
unreviewable discretion.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``Subject to 
the requirements of subparagraph (B)'' and inserting 
``Subject to the requirements of subparagraphs (B) and 
(D)''; and
(B) by inserting at the end the following:
``(D) Information about individuals with whom 
children are placed.--Before placing a child with any 
individual, the Secretary of Health and Human Services 
shall provide to the Secretary of Homeland Security, 
with regard to the individual with whom the child will 
be placed and each adult resident of the individual's 
household, information on--
``(i) the name of the individual and each 
adult resident of the individual's household;
``(ii) the social security number or 
individual taxpayer identification number of 
the individual and each adult resident of the 
individual's household;
``(iii) the date of birth of the individual 
and of each adult resident of the individual's 
household;
``(iv) the physical location and address of 
the individual's residence where the child will 
be placed;
``(v) the immigration status of the 
individual and each adult resident of the 
individual's household;
``(vi) contact information for the 
individual and for each adult resident of the 
individual's household, including telephone 
numbers, email addresses, and work telephone 
numbers (if available); and
``(vii) the results of all background and 
criminal records checks conducted on the 
individual and each adult resident of the 
individual's household, which shall include at 
a minimum an investigation of the Dru Sjodin 
National Sex Offender Public Website, a public 
records background check, and a national 
criminal history background check based on 
fingerprints.''.

SEC. 4. CONSTRUCTION; SEVERABILITY.

Any provision of the this Act or an amendment made by this Act held 
to be invalid or unenforceable by its terms, or as applied to any 
person or circumstance, shall be construed so as to give it the maximum 
effect permitted by law, unless such holding shall be utterly invalid 
or unenforceable, in which event such provision shall be deemed 
severable from this Act and shall not affect the remainder of this Act, 
or the application of such provision to other persons not similarly 
situated or to other, dissimilar circumstances.

SEC. 5. EXEMPTION FROM PAPERWORK REDUCTION ACT AND THE ADMINISTRATIVE 
PROCEDURE ACT.

(a) Paperwork Reduction Act.--Nothing in this Act may be construed 
to require the Secretary of Homeland Security, the Secretary of Health 
and Human Services, the Secretary of State, or the Attorney General to 
comply with the requirements of chapter 35 of title 44, United States 
Code (commonly referred to as the ``Paperwork Reduction Act'') if such 
individuals determine that compliance would impede the immediate 
implementation of this Act or the amendments made by this Act.
(b) Administrative Procedure Act.--Nothing in this Act may be 
construed to require the Secretary of Homeland Security, the Secretary 
of Health and Human Services, the Secretary of State, or the Attorney 
General to promulgate regulations under subchapter II of chapter 5 of 
title 5, United States Code (commonly referred to as the 
``Administrative Procedure Act''), if such individuals determine that 
compliance would impede the immediate implementation of this Act or the 
amendments made by this Act.

SEC. 6. EFFECTIVE DATE; APPLICABILITY.

(a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this shall take effect on the date of the 
enactment of this Act.
(b) Applicability.--This Act and the amendments made by this Act 
shall apply to any release and custody determinations for an 
unaccompanied alien child (as defined in section 642(g)(2) of the 
Homeland Security Act of 2002), that are pending or occur on or after 
the date of the enactment of this Act, and all release 
redeterminations.

Passed the House of Representatives December 16, 2025.

Attest:

Clerk.
119th CONGRESS

1st Session

H. R. 4371

_______________________________________________________________________

AN ACT

To amend the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 and the Homeland Security Act of 2002 to 
enhance efforts to combat the trafficking of children.