[Congressional Record Volume 161, Number 12 (Monday, January 26, 2015)]
[House]
[Pages H549-H553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING CHILD WELFARE RESPONSE TO TRAFFICKING ACT OF 2015
Mr. WALBERG. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 469) to amend the Child Abuse Prevention and Treatment Act
to enable State child protective services
[[Page H550]]
systems to improve the identification and assessment of child victims
of sex trafficking, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 469
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 ``Strengthening Child Welfare
Response to Trafficking Act of 2015''.
SEC. 2. CAPTA AMENDMENTS.
Section 106 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106a) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(B)--
(i) by striking ``and'' at the end of clause (xxii); and
(ii) by adding at the end the following:
``(xxiv) provisions and procedures to identify and assess
reports involving children who are sex trafficking victims,
and which may include provisions and procedures to identify
and assess reports involving children who are victims of
severe forms of trafficking in persons described in section
of 103(9)(B) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(9)(B));
``(xxv) provisions and procedures for training
representatives of the State child protective services
systems about identifying and assessing children who are sex
trafficking victims, and which may include provisions and
procedures for such training with respect to children who are
victims of severe forms of trafficking in persons described
in section 103(9)(B) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102(9)(B)); and
``(xxvi) provisions and procedures for identifying services
(including the services provided by State law enforcement
officials, the State juvenile justice system, and social
service agencies, such as runaway and homeless youth
shelters) and procedures for appropriate referral to address
the needs of children who are sex trafficking victims, and
which may include provisions and procedures for the
identification of such services and procedures with respect
to children who are victims of severe forms of trafficking in
persons described in section 103(9)(B) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B));'';
(B) in paragraph (2)(D)--
(i) by striking ``and'' at the end of clause (v);
(ii) by inserting ``and'' at the end of clause (vi); and
(iii) by adding at the end the following:
``(vii) the provisions and procedures described in clauses
(xxiv) and (xxvi) of subparagraph (B);''; and
(C) in paragraph (4)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) Sex trafficking victim.--The term `sex trafficking
victim' means a victim of--
``(i) sex trafficking (as defined in section 103(10) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(10))); or
``(ii) a severe form of trafficking in persons described in
section 103(9)(A) of such Act (22 U.S.C. 7102(9)(A)).''; and
(2) in subsection (d), by adding at the end the following:
``(17) The number of children identified under clause
(xxiv) of subsection (b)(2)(B), and of such children--
``(A) the number identified as sex trafficking victims (as
defined in subsection (b)(4)(C)); and
``(B) in the case of a State that has provisions and
procedures to identify children who are victims of severe
forms of trafficking in persons described in section
103(9)(B) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102(9)(B)), the number so identified.''.
SEC. 3. REPORT TO CONGRESS.
(a) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate, a
report that--
(1) describes the specific type and prevalence of severe
form of trafficking in persons to which children who are
identified for services or intervention under the placement,
care, or supervision of State, Indian tribe, or tribal
organization child welfare agencies have been subjected as of
the date of enactment of this Act;
(2) summarizes the practices and protocols utilized by
States to identify and serve--
(A) under section 106(b)(2)(B) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)),
children who are victims of trafficking; and
(B) children who are at risk of becoming victims of
trafficking; and
(3) specifies any barriers in Federal laws or regulations
that may prevent identification and assessment of children
who are victims of trafficking, including an evaluation of
the extent to which States are able to address the needs of
such trafficked children without altering the definition of
child abuse and neglect under section 3 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note).
(b) Definitions.--For purposes of this section:
(1) Severe form of trafficking in persons.--The term
``severe form of trafficking in persons'' has the meaning
given the term in section 103(9) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9)).
(2) Victim of trafficking.--The term ``victim of
trafficking'' has the meaning given the term in section
103(15) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(15)).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Walberg) and the gentleman from Virginia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 469.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. WALBERG. Mr. Speaker, I rise today in support of the
Strengthening Child Welfare Response to Trafficking Act, and I yield
myself such time as I may consume.
Mr. Speaker, domestic child trafficking is a serious problem, sadly,
in the United States. Around 300,000 American youth are at risk of
sexual commercial exploitation and trafficking each year. That is why
the House of Representatives is considering a number of bills this week
that seek to ensure that human trafficking victims are treated as
victims and have access to the services they desperately need.
As a Member of Congress, I have worked on legislation to help address
this problem in the past and will continue that important work this
year. I have also held local roundtables in Michigan with victims,
advocacy, and law enforcement groups to do everything I can to work
with my communities to address this heinous crime.
The National Center for Missing and Exploited Children estimates that
68 percent of likely sex trafficking victims were involved in the child
welfare system at one time. Instead of properly identifying and
assisting trafficked and exploited children, these children are often
sent to the juvenile justice system, where they are labeled and treated
as criminals. These innocent victims are victimized by the very system
that was designed to protect them.
That is why, Mr. Speaker, I rise in support of H.R. 469. The
Strengthening Child Welfare Response to Trafficking Act of 2015 will
help protect child victims by improving practices within State child
welfare systems to identify, assess, and document sex trafficking
victims. The House passed this legislation by a voice vote last summer,
and I thank my colleague, Congresswoman Karen Bass, for her work on
this important legislation again this Congress.
H.R. 469 amends the Child Abuse Prevention and Treatment Act to
direct States to implement and maintain procedures to identify and
assess reports involving children who are victims of sex trafficking.
The bill also requires that States train child protective services
workers on how to identify these children and the services necessary to
meet their needs, and it would improve reporting on the number of
children identified as sex trafficking victims.
Mr. Speaker, this bill requires the Secretary of Health and Human
Services to report on the type and prevalence of youth trafficking
victims in the welfare system, provide a summary of State practices for
serving youth trafficking victims, and report on any barriers in
Federal law that prevent identification and assessment of youth victims
of trafficking.
It is imperative that we continue to pass legislation that helps
victims of both labor and sex trafficking, to ensure that victims
receive the services they need to escape a life of abuse.
Again, I would like to thank Congresswoman Karen Bass and Chairman
Kline of the Education and the Workforce Committee for their work on
this important bill.
I urge my colleagues to vote in favor of H.R. 469, and I reserve the
balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
[[Page H551]]
Mr. Speaker, I rise in support of the Strengthening Child Welfare
Response to Trafficking Act of 2015, sponsored by the gentlewoman from
California (Ms. Bass).
This bill will support victims of child sex trafficking by helping
them find services they need, by training child protective services
workers to identify cases of child sex trafficking, and by improving
data collection on the number of child sex trafficking victims.
This legislation would also require the Department of Health and
Human Services to submit a report to Congress that describes the type
and prevalence of severe forms of trafficking to which identified
victims are subjected.
This bill also summarizes State practices to identify and serve
trafficking victims and those at risk of trafficking and describes
Federal statutory or regulatory barriers that may prevent child
trafficking victims from getting the services they need, including an
evaluation of the State's capacity to address such victim's needs.
The bill would also allow the State welfare agencies to include child
labor trafficking in their provisions of staff training. Under the
bill, if a State includes child labor trafficking in those
responsibilities, the States must also collect data on the number of
those victims.
The bill is a product of good bipartisan work and diligent
negotiations by the gentlewoman from California (Ms. Bass) and her
staff and Democratic and Republican staffs in the Education and the
Workforce Committee.
I urge my colleagues to support this important legislation, which has
the backing of child welfare advocates and will improve services and
responses to child trafficking victims.
I reserve the balance of my time.
Mr. WALBERG. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Texas, Judge Poe, one who understands this process from
his time in the court of law as a judge.
Mr. POE of Texas. Mr. Speaker, I thank the gentleman for yielding
time.
This bill, Strengthening Child Welfare Response to Trafficking Act,
H.R. 469, is an excellent piece of legislation. As mentioned, it is a
bipartisan piece of legislation.
I want to thank Karen Bass from California and Chairman Kline from
Minnesota for bringing this to the floor.
This is one of many, many pieces of legislation dealing with
trafficking that have come and will come to the House floor the rest of
today and tomorrow, bipartisan pieces of legislation.
In my short tenure of 10 years here in Congress, I have never seen a
subject that had so many people interested on both sides of the aisle
and so many pieces of legislation coming to the House floor, all with
the purpose of trying to rein in this scourge of human trafficking in
the United States.
The public seems to be a little more concerned about other matters
than the issue of trafficking, at least the media does. They spend a
lot of time talking about how much air is in footballs when we probably
should be dealing with how much criminal activity is taking place in
America where America's children are being kidnapped and put into
slavery.
One example of this is the bill that Ms. Bass has brought to us, and
that is the one regarding child welfare agencies in States.
I understand, Mr. Speaker, that 60 percent of American children
involved in human trafficking, somewhere in their background they were
in foster care. I am not saying foster care caused that. I am just
saying that somewhere they make the route through foster care. We are
not doing what we should do in dealing with our children to protect
them from this scourge of trafficking.
This legislation goes a long way to help people in States, State
government, to take care and make sure that children do not get taken
up in this human trafficking that is taking place in the United States.
{time} 1645
I come from Houston. Unfortunately, Houston is one of the hubs in the
United States for human trafficking. Because of our location in the
United States--near an international border--we have not only domestic
trafficked victims go through our city but international trafficked
victims and their children, their young people.
I want to congratulate Ms. Bass and the House and the leadership of
the House for bringing this legislation and legislation like it up to
the floor to make sure that America understands and criminals
understand America's children are not for sale.
And that is just the way it is.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as she may
consume to the gentlewoman from California (Ms. Bass), the sponsor of
the bill and a strong supporter and advocate for foster children.
Ms. BASS. Mr. Speaker, I rise today in support of the bipartisan
Strengthening Child Welfare Response to Trafficking Act, which I
introduced with a group of bipartisan Members of Congress.
The same version of this bill was unanimously passed in the 113th
Congress. This legislation demonstrates how critical it is that Members
of Congress work together to move policy that protects children from
being sexually exploited. The work that both sides of the aisle have
done on sex trafficking demonstrates a strong commitment to preventing
our most vulnerable populations from becoming victims.
First, I would like to thank Chairman Kline, Representative Walberg,
and Ranking Member Scott for their leadership on continuing to support
this legislation that works towards ensuring that no child in the
United States becomes a victim of sex trafficking. I am grateful for
their knowledge and assistance that helped bring this important bill to
the floor today. I would also like to thank Judge Poe for his ongoing
leadership on this issue.
My colleague and friend, Representative Tom Marino, has been a leader
in fighting for children in the foster care system. Mr. Marino, along
with the Congressional Caucus on Foster Youth cochairs--Jim McDermott,
Trent Franks, Jim Langevin, and Diane Black--all served as original
cosponsors of H.R. 469 and have demonstrated leadership by both making
significant change in the child welfare system and by bringing
attention to the horrendous intersection between sex trafficking and
our child welfare system.
The U.S. Department of Justice reports that between 2008 and 2010 40
percent of sex trafficking cases involved the exploitation of children.
Tragically, many of these children are forgotten without the
appropriate services to ensure their safety. This highlights the
failure of our system to prevent them from becoming victims.
More than 200,000 youth in our country are at risk of trafficking per
year. In my hometown of Los Angeles, the Probation Department reports
that 61 percent of identified trafficking victims are foster youth. It
is noteworthy that this statistic comes from the Probation Department
and not the child welfare department. This legislation hopes to correct
that. We want to make sure that child welfare agencies, in addition to
juvenile justice, begin to document this problem.
In Los Angeles, we are fortunate to have the STAR Court, which is a
specialized, collaborative courthouse designed to serve youth who have
been trafficked. The STAR Court team reports that 80 percent of the
girls entering their courtroom have previously been involved in the
child welfare system.
As cochair of the Congressional Caucus on Foster Youth, I have had
the opportunity to travel throughout the country as part of our
Nationwide Listening Tour. Unfortunately, I have heard far too many
stories about youth in foster care falling through the cracks in the
system. Sometimes they are thought to be runaways. Sadly, they report
that no one looked for them and that, in fact, they had not run away
but had been abducted or tricked or drugged by a pimp when the system
assumed they were bad girls who had just run away.
Most of us were so moved by one woman that we often repeat her story.
She told us in hearings that she felt the foster care system prepared
her for exploitation because her pimp was the first person who told her
that he loved her and that, while in foster care, she was moved so
often and told so often that she was just a paycheck that she formed no
healthy attachments and had nowhere to turn.
We have to close the cracks in our system that leave a child feeling
her
[[Page H552]]
pimp is the only one she can turn to or that she would rather be with a
pimp than be bounced around from foster home to foster home. The system
that is supposed to be designed to help vulnerable children should not
turn around and victimize the children or allow them to fall into the
hands of exploiters.
Many of the young survivors we have met told us that, during the time
they were being trafficked, they had numerous encounters with the child
welfare system but that no one asked what was happening to them,
especially girls in group homes. Pimps know this population is
especially vulnerable. H.R. 469 will allow child welfare agencies
across the Nation to develop State protection plans to outline
provisions and procedures to identify and assess all reports of
children known or suspected to be victims of sex trafficking.
H.R. 469 begins to prepare the child welfare system for this
population. A first step is to document the extent of the problem.
Another step is to ensure that each State has a plan to train social
workers to identify and address the needs of this population. Arresting
these children should not be the way we provide services. Arresting
them treats them as criminals, and one has to question if jail is ever
an appropriate place to provide the type of services these children
need.
H.R. 469 also requires that, within 1 year, the Department of Health
and Human Services report to Congress on the prevalence and type of
trafficking they have encountered. The report will assess State
practices used to identify and serve trafficking victims and Federal
laws and policies that might, in fact, prevent States from supporting
these victims, including the absence of trafficking in the Federal
definition of ``child abuse and neglect'' under CAPTA, the Child Abuse
Prevention and Treatment Act.
I am encouraged by the momentum that has been created to reform our
child welfare system and to ensure that vulnerable children are
provided with the resources they need. I strongly urge my colleagues to
support H.R. 469, the Strengthening Child Welfare Response to
Trafficking Act, and to continue to work together in Congress to combat
domestic minor sex trafficking.
Mr. WALBERG. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Missouri, Congresswoman Wagner, an aggressive and outspoken advocate
for children since arriving here in Congress, an opponent of
trafficking, and who has much to say but who also has had much evidence
of action on this issue.
Mrs. WAGNER. I thank the gentleman for yielding and for his
leadership on this issue.
I also want to thank Judge Poe, who has fought this fight for so very
many years.
It is marvelous to have seen in the 113th Congress five pieces of
legislation on human trafficking move through this Chamber. Now,
tomorrow, we will pass 12 pieces of human trafficking to end the
scourge of sex slavery in this country and beyond, and I could not be
more proud of this Chamber and of the bipartisan effort to get this
done.
Mr. Speaker, I rise today in support of H.R. 469, the Strengthening
Child Welfare Response to Trafficking Act of 2015, sponsored by
Representative Karen Bass.
Congresswoman Bass has been a long-time leader in Congress on the
issue of human trafficking. Her legislation will strengthen the child
welfare response to trafficking by ensuring that each State develops a
plan that would identify children at risk of becoming victims of human
trafficking. According to the Department of Justice, upwards of 300,000
American children are at risk of becoming the victims of crime.
One of the greatest challenges we face in combating this problem is a
lack of accurate and reliable statistics. Frequently, those most at
risk of falling victim to human trafficking are not identified early
enough to intervene. By ensuring that child welfare agencies have
systems in place to properly identify, to assess, and to document child
victims of trafficking, H.R. 469 will move us towards a comprehensive,
total solution to the scourge of human trafficking in the United
States.
Mr. Speaker, I am also pleased to be sponsoring, at the end of our
debate here, a Special Order on the issue of human trafficking. I
invite all of my colleagues to join me on the floor as we talk about
this important issue and about the 12 pieces of human trafficking
legislation that will come forward tomorrow.
Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time.
Mr. WALBERG. Mr. Speaker, I yield such time as he may consume to the
gentleman from Georgia (Mr. Carter), who, in arriving here just this
term, has rolled up his sleeves and has already taken aggressive action
on issues that make a difference.
Mr. CARTER of Georgia. I thank the gentleman from Michigan for
yielding this time and for his efforts in this most noble fight.
I rise today, Mr. Speaker, in support of H.R. 469, the Strengthening
Child Welfare Response to Trafficking Act of 2015, which directs the
Secretary of Health and Human Services to develop and publish
guidelines to assist State child welfare agencies in efforts to serve
youth who are victims or who are, perhaps, most importantly, at risk of
becoming victims of human trafficking. In addition, this bill amends
the Foster Care and Adoption Assistance Act to require a State plan for
foster care and adoption assistance to identify children who are
victims of human trafficking.
Mr. Speaker, as the father of three sons and as the grandfather of
precious, precious twin granddaughters, nothing terrifies me more than
the thought of a loved one's falling victim to human sex trafficking.
However, families all across our country suffer this horrific situation
every day. I believe all of my colleagues would agree that protecting
every child in this country is our number one priority; yet children in
State welfare systems slip through the cracks and go unnoticed every
day.
In the Georgia General Assembly, where I had the honor and privilege
of serving for the past 10 years, I worked alongside my friend, State
Senator Renee Unterman, to enact one of the Nation's toughest
crackdowns on human trafficking by strengthening protections for the
victims of these crimes and by increasing penalties for those who
commit them. In fact, last year, we went a step further by requiring
businesses to post information on a 24-hour, toll-free hotline for
victims of human trafficking so that they could call for help.
I hope the guidelines that have been established under this law will
encourage other States to follow Georgia's lead. Our utmost priority
should be providing to these children, who have suffered at the hands
of evil, access to care and support. I urge my colleagues to support
this bill.
Mr. SCOTT of Virginia. Mr. Speaker, I have no further requests for
time. I would like to thank the chief sponsor and other supporters of
the legislation, and I urge my colleagues to support the legislation.
I yield back the balance of my time.
Mr. WALBERG. Mr. Speaker, I yield myself the remainder of my time.
I think much has been said today that causes us to understand that
what we are dealing with in this bill is the fact that there are
entities that are supposed to be protecting children, that are supposed
to be providing resources--law enforcement and welfare and human
service entities--that are missing the mark. A lot of that comes from
inadequate recordkeeping statistics and from the lack of knowledge of
how this is having the greatest impact in negative ways on children's
lives. We would do very well today to follow the advice and direction
from speakers who have already spoken on this issue.
Pass this legislation, and provide further hope for children caught
in the trap of human trafficking and enslavement that comes from this
crime. I urge my colleagues to vote ``yes'' on H.R. 469.
I yield back the balance of my time.
Mr. LANGEVIN. Mr. Speaker, I rise today in support of the
Strengthening Child Welfare Response to Trafficking Act of 2015. I
would like to thank my friend and colleague, Congresswoman Karen Bass,
for introducing this bill and for all she does on behalf of foster
youth.
As an original cosponsor of this bill and a co-chair of the
Congressional Caucus on Foster Youth, I encourage all my colleagues to
support this important legislation. In the previous Congress, similar
legislation passed the
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House by a vote of 399-0--a strong show of support for foster youth.
Foster youth are some of the most at-risk children in our society.
They are often the victims of abuse or neglect; and too many face
trials and tribulations beyond their years. So much that we take for
granted--a stable home, living with our siblings, or returning to the
same school year after year--are constant obstacles for these children.
This legislation will specifically address the link between girls in
foster care and sex trafficking, and will require states to develop a
child protection plan to identify and assess all reports involving
children known or suspected to be victims of trafficking. Additionally,
states must provide training plans for child protective services
workers to appropriately respond to reports of child trafficking and
have procedures in place that will connect child victims to public or
private specialized services.
I am proud to support this bipartisan legislation, and again I urge
all my colleagues to support this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Walberg) that the House suspend the rules
and pass the bill, H.R. 469.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. BASS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________