119-hr4371

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

    (RH) ]

<DOC>

 Union Calendar No. 297
119th CONGRESS
 1st Session
 H. R. 4371

 [Report No. 119-345]

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 14, 2025

 Mr. Fry (for himself, Mr. Nehls, and Mr. Moore of Alabama) introduced 
 the following bill; which was referred to the Committee on the 
 Judiciary

 October 17, 2025

 Reported with an amendment, committed to the Committee of the Whole 
 House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
 in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
 14, 2025]

_______________________________________________________________________

 A BILL

 To amend the William Wilberforce Trafficking Victims Protection 
 Reauthorization Act of 2008 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.
 Amend the title so as to read: ``A bill 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.''.
 Union Calendar No. 297

119th CONGRESS

 1st Session

 H. R. 4371

 [Report No. 119-345]

_______________________________________________________________________

 A BILL

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

_______________________________________________________________________

 October 17, 2025

 Reported with an amendment, committed to the Committee of the Whole 
 House on the State of the Union, and ordered to be printed