[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

[[Page H553]]

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.

                          ____________________