[Congressional Record Volume 161, Number 13 (Tuesday, January 27, 2015)]
[House]
[Pages H618-H620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE ACT OF 2015
Mrs. ELLMERS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 398) to provide for the development and dissemination of
evidence-based best practices for health care professionals to
recognize victims of a severe form of trafficking and respond to such
individuals appropriately, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 398
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 ``Trafficking Awareness
Training for Health Care Act of 2015''.
SEC. 2. DEVELOPMENT OF BEST PRACTICES.
(a) Grant for Development of Best Practices.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services, acting through the
Director of the Agency for Healthcare Research and Quality
and in consultation with the Administrator of the Health
Resources and Services Administration, shall award, on a
competitive basis, a grant to an eligible school under which
such school will--
(1) not later than 6 months after receipt of the award,
develop best practices for health care professionals--
(A) to recognize victims of a severe form of trafficking;
and
(B) to respond appropriately to such individuals;
(2) in developing best practices under paragraph (1),
survey, analyze, and evaluate, in consultation with law
enforcement personnel, social service providers, and other
experts in the field of human trafficking, existing best
practices that foster the practice of interprofessional
collaboration, including those used by industries other than
the health care industry, to determine the extent to which
such existing best practices may be adapted for use as part
of the best practices under paragraph (1);
(3) develop curricula, training modules, or materials to
train health care professionals on the best practices
developed under paragraph (1);
(4) not later than 12 months after the receipt of the
award, make a subgrant to one entity located near an
established anti-human trafficking task force initiative in
each of the 10 administrative regions of the Department of
Health and Human Services--
(A) to design, implement, and evaluate a pilot program
using the best practices developed under paragraph (1) and
the curricula, training modules, or materials developed under
paragraph (3);
(B) to conduct the pilot program at one or more eligible
sites within the respective region, which may include an
eligible site that is a school-based health center; and
(C) to complete the implementation and evaluation of such
pilot program within a period of 6 months;
(5) not later than 24 months after the receipt of the
award, analyze the results of the pilot programs conducted
through subgrants under paragraph (4), including analyzing--
(A) changes in the skills, knowledge, and attitude of
health care professionals resulting from the implementation
of the programs;
(B) the number of victims of a severe form of trafficking
who are recognized under the programs;
(C) of those recognized, the number who received
information or referrals for services offered through the
programs; and
(D) of those who received such information or referrals--
(i) the number who participated in followup services; and
(ii) the type of followup services received;
(6) determine, using the results of the analysis under
paragraph (5), the extent to which the best practices
developed under paragraph (1) are evidence-based; and
(7) submit a comprehensive assessment of the pilot programs
conducted through subgrants under paragraph (4) to the
Secretary of Health and Human Services, including an
identification of--
(A) the best practices that are determined pursuant to
paragraph (6) to be evidence-based; and
(B) the best practices that are determined pursuant to such
paragraph to require further review in order to determine
whether they are evidence-based.
(b) Contents.--The best practices developed through the
grant awarded under subsection (a)--
(1) shall address--
(A) risk factors and indicators to recognize victims of a
severe form of trafficking;
(B) application of Federal and State law, including
reporting requirements, with respect to victims of a severe
form of trafficking;
(C) patient safety and security, including the requirements
of HIPAA privacy and security law as applied to victims of a
severe form of trafficking;
(D) the management of medical records of patients who are
victims of a severe form of trafficking;
(E) public and private social services available for
rescue, food, clothing, and shelter referrals;
(F) the hotlines for reporting human trafficking maintained
by the National Human Trafficking Resource Center and the
Department of Homeland Security;
(G) validated assessment tools for the identification of
victims of a severe form of trafficking; and
(H) referral options and procedures for sharing information
on human trafficking with a patient and making referrals for
legal and social service assistance related to human
trafficking when indicated and appropriate; and
(2) shall not address patient medical treatment.
(c) Dissemination.--Not later than 24 months after the
award of a grant to a school under subsection (a), the
Secretary of Health and Human Services, acting through the
Administrator of the Agency for Healthcare Research and
Quality, shall--
(1) post on the public website of the Department of Health
and Human Services the best practices that are identified by
the school under subparagraphs (A) and (B) of subsection
(a)(7); and
(2) disseminate to health care profession schools the best
practices identified by the school under subsection (a)(7)(A)
and evaluation results.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``eligible site'' means a health center that
is receiving assistance under section 330, 399Z-1, or 1001 of
the Public Health Service Act (42 U.S.C. 254b, 300).
(2) The term ``eligible school'' means an accredited school
of medicine or nursing with experience in the study or
treatment of victims of a severe form of trafficking.
(3) The term ``health care professional'' means a person
employed by a health care provider who provides to patients
information (including information not related to medical
treatment), scheduling, services, or referrals.
(4) The term ``HIPAA privacy and security law'' has the
meaning given to such term in section 3009 of the Public
Health Service Act (42 U.S.C. 300jj-19).
(5) The term ``victim of a severe form of trafficking'' has
the meaning given to such term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to
carry out this Act and the amendments made by this Act, and
this Act and such amendments shall be carried out using
amounts otherwise available for such purpose.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
North Carolina (Mrs. Ellmers) and the gentleman from New Jersey (Mr.
Pallone) each will control 20 minutes.
[[Page H619]]
The Chair recognizes the gentlewoman from North Carolina.
General Leave
Mrs. ELLMERS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Mrs. ELLMERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to acknowledge the ongoing domestic problem
with human trafficking. H.R. 398, the Trafficking Awareness Training
for Health Care Act, will create a program dedicated to training our
Nation's health care professionals in order to identify the early
warning signs for the act of human trafficking.
Oftentimes, members of the medical community encounter these
individuals while they are still being trafficked. By training health
care professionals and equipping them with the right knowledge, we are
enabling them to identify hallmark signs of this despicable act for
early intervention.
This pilot program will test and examine the best practices needed
for determining the protocol used for implementing human trafficking
awareness within the medical community.
As a nurse, I know that our country's medical professionals already
play a significant role in caring for victims of human trafficking.
This legislation will better prepare those on the front lines, so that
they can identify and care for those being trafficked.
Most Americans are unaware as to how prevalent and pervasive human
trafficking is within our own borders, but it is time we acknowledge
this fact and stand up against this heinous crime.
Our medical base is in a position to help these victims break free,
and I am proud to push forth legislation further empowering them. This
legislation trains health care workers to recognize the hallmark signs
of human trafficking, thus allowing professionals to intervene on the
patient's behalf.
I would like to thank my colleague, Congresswoman Debbie Wasserman
Schultz from Florida, for helping me introduce H.R. 398 in Congress.
Mr. Speaker, I reserve the balance of my time.
{time} 1630
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I think that we can all agree that human trafficking is
an important problem that deserves Congress' attention, and that all of
us support efforts to ensure that our health care workers are better
prepared to identify and assist victims of human trafficking.
H.R. 398, the Trafficking Awareness Training for Health Care Act of
2015, would set up a grant, facilitated by the Department of Health and
Human Services, to create and address best practices for health care
providers to use in the field. The program would then test those
practices in 10 pilot programs across the country.
The goal of this legislation is laudable and would certainly take
important steps to improve our ability to address the spread of human
trafficking in our local communities. However, Mr. Speaker, I cannot
support the process that brought this bill to the floor.
This legislation has not gone through a subcommittee or full
committee markup in the Energy and Commerce Committee, neither in the
114th Congress nor the previous session. Going through the normal
committee process would have allowed Members and staff to make
substantive and technical changes to ensure that the Department of
Health and Human Services is able to implement this legislation
effectively. Members who serve on the Energy and Commerce Committee
deserve the opportunity to deliberate on legislation within the
committee's jurisdiction and offer amendments to strengthen the bills
that we consider.
Additionally, while this bill authorizes a new grant program, it does
not authorize any additional appropriations for the Department to carry
out this initiative. HHS may not be able to do this work within their
limited existing resources. Advancing legislation, Mr. Speaker, that
puts new requirements on the Federal Government without authorizing the
funds to implement them is not a good precedent to set.
So, Mr. Speaker, I cannot support new legislation that has not gone
through the regular order process, but I will not object to considering
H.R. 398 on suspension today and advancing the bill by voice vote.
I reserve the balance of my time.
Mrs. ELLMERS. Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Florida, Ms. Debbie Wasserman Schultz, who is the
Democratic sponsor of the bill.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentleman from New
Jersey and my colleague Congresswoman Ellmers from North Carolina and
rise today in strong support of the Trafficking Awareness Training for
Health Care Act of 2015, a bill on which I was honored to join as the
Democratic lead with my colleague and good friend, the gentlewoman from
North Carolina.
I thank Congresswoman Ellmers for her leadership on this bill and her
willingness to shine a light on the scourge of human trafficking.
I was telling my staff the other day, Mr. Speaker, that it is a truly
remarkable and sometimes too rare a thing in our Congress to find a
Member who not only reaches across the aisle but who is also willing to
work tirelessly to fight for what she believes in and has a staff
willing to match that effort. It has been a pleasure working with you
and your team on this legislation, as well as on my EARLY Act signed
into law just a month ago, on which you served as the Republican lead
on that legislation, and I look forward to what we may do together in
the future.
Mr. Speaker, after passing legislation that made human and sex
trafficking a State crime in my home State of Florida, I knew that,
while that was an important tool to combat traffickers, we were just
scratching the surface.
I joined Congresswoman Ellmers on this bill because, though there is
still much that we need to learn about the way human trafficking works
in the United States, we know enough to know that it is far too
prevalent, it preys on the most vulnerable in our Nation, and
addressing it requires a comprehensive approach that encompasses
prevention, treatment, and going after criminals.
We know that best guesses estimate there are 100,000 to 300,000
American youth currently at risk of being trafficked in the United
States. We know that those most likely to be targeted are low-income
women, foster youth, younger girls, and girls and women with a history
of abuse and estrangement from family. And we know that once a girl is
sex-trafficked, she has a life expectancy of just 7 years, during which
she will be raped on average by 6,000 different buyers.
If the horror of human trafficking is not a problem that deserves a
comprehensive response from all legal, social service, and medical
sectors, then I don't know what is. Health care providers are often the
first line of defense in these situations, sometimes being the only
interaction with an outsider that a victim's trafficker may allow.
The Trafficking Awareness Training for Health Care Act of 2015
develops evidence-based best practices for, and training of, health
care providers to be able to identify and properly respond to victims
of trafficking, training that means when a girl 12 to 14 years old, the
age range that is most at risk of being trafficked, when she is brought
into a health care provider for a routine checkup by an older man who
is not related to her, that a red flag goes off in a nurse's head or a
health care provider's head.
Best practices will mean when a woman comes into an ER for a broken
arm but a doctor discovers bruises and scars indicating a pattern of
abuse, that that doctor doesn't just simply treat her broken arm and
send her home. And resource knowledge means doctors and nurses cannot
only identify potential victims but can respond appropriately to ensure
that victim will one day become a survivor.
This bill joins several other trafficking bills being heard today on
the House floor, including Representative Bass' bill to support youth
most at risk for trafficking and Representative
[[Page H620]]
Noem's bill to encourage intra-agency and effective human trafficking
intervention and prevention strategies.
These two bills, as well as Representative Ellmers' and my bill, are
all pieces of a larger puzzle, initiatives that, when put together,
create a comprehensive and cross-sector response to human trafficking.
We all stand up together today, regardless of political party, to say
we do not want to raise our children in a world or a nation where a
person can be sold as if she is property to be used by anyone to whom
the trafficker offers her.
I am proud to join my colleagues and Congresswoman Ellmers in the
battle to eliminate human trafficking, for my daughters, who are 11 and
15, for my constituents in south Florida, and for the betterment of our
world. I might add, as a member of the House Committee on
Appropriations, I can assure the gentleman that while I share and
understand his concerns on the process, as far as the appropriations,
we are going to pursue unobligated funds so that we can make sure that
there are the resources available to make sure that this program is
funded.
Mrs. ELLMERS. Mr. Speaker, I yield myself such time as I may consume.
I would like to say again to my good friend and colleague from
Florida, thank you for putting forward this effort to work with us.
To my colleague, Mr. Pallone, I, too, believe that we need to work
together. So just know that my door is open, that we will continue to
work on these issues together, and I am just so glad that in a
bipartisan effort today we are all coming together to stand up for
victims of human trafficking and again get them on a path to recovery.
At this point, Mr. Speaker, I yield 3 minutes to the gentleman from
New Jersey (Mr. Smith), my good friend, who has been a tireless and
passionate advocate for women and families and children who are
affected by human trafficking really long before many of us were even
aware that it was an issue here in this country.
Mr. SMITH of New Jersey. Mr. Speaker, I thank my good friend for
yielding and thank her for her leadership, especially on this extremely
important bill, H.R. 398, the Trafficking Awareness Training for Health
Care Act of 2015.
Mr. Speaker, this bill would direct grant money to the development of
best practices for medical professionals so that they will know how to
recognize trafficking victims and how to respond if a potential victim
comes into their hospital or clinic.
Mrs. Ellmers and I, and others, were inspired to do this bill by a
Global Centurion report, in collaboration with the Charlotte Lozier
Institute, that showed some 88 percent of domestic trafficking victims
sought health care at some point during the time that they were being
trafficked. That is absolutely amazing. These victimized women have
come in contact with health care professionals, and then they leave and
go out the door and nothing is done because the health care
professional did not recognize the signs of human trafficking. They
were in a clinic, hospital, or doctor's office when they were being
trafficked, right back out the door to be trafficked again.
With 99 percent of trafficking victims reporting serious health
consequences of being trafficked and pimps eager to get their victims
healthy for continued exploitation for profit, medical professionals
are on the front lines of trafficking interventions. We must make sure
that the health care professionals are equipped to assist in
effectuating freedom for trafficking victims whenever possible. We must
think carefully about protocols for how to report suspected victims to
authority. We don't want to put her in further danger. We must
strategize ways to ensure the victims receive the help that they need.
Mr. Speaker, this is a very, very important bill, and I do hope my
colleagues will support it. Again, I thank Mrs. Ellmers for her
leadership on it.
Mr. PALLONE. Mr. Speaker, I have no additional speakers at this time,
so I yield back the balance of my time.
Mrs. ELLMERS. Mr. Speaker, I yield myself such time as I may consume.
In closing, I just want to say again how proud I am of our Congress
and our colleagues on both sides of the aisle coming together to work
on very, very important legislation dealing with those who have been
trafficked. Human trafficking is a travesty, it is a heinous crime, and
it is today's modern-day slavery.
This is something that we must eradicate in this country. This is
what the American people need for us to be a part of and work on.
I am just so happy that we are dealing with an issue that is going to
affect so many out there in this country who do not have a voice right
now. We have the opportunity now to stand up for what is right. We have
the opportunity to do what is right, and by us working together and
having legislation that will be sponsored in the Senate, as many of us
do, we feel very strongly that this will become law, and we will be
able to enact it and help those victims so that they can be looking
towards recovery and empowering their lives.
Mr. Speaker, this is a very important day with 12 different bills
that we are addressing. I am just so proud to be a part of it.
Mr. Speaker, I yield back the balance of my time.
Mr. UPTON. Mr. Speaker, I rise today in support of H.R. 398, the
Trafficking Awareness Training for Health Care Act of 2015, introduced
by Energy and Commerce Committee member Renee Ellmers of North
Carolina.
I wish this bill and others related to trafficking today were not
necessary. But the sad reality is that according to the U.S. Department
of Justice, human trafficking is the second fastest growing criminal
industry--just behind drug trafficking. Adding to the urgency is that
approximately half of all victims are children. It makes you sick.
Human trafficking is a serious crime and a grave violation of human
rights. Too often, this is a crime that goes unnoticed and it is one
that is not well understood. It is simply too hard to imagine that a
crime this horrendous could be happening right here on American soil,
let alone in your own backyard. But it is. Not only does human
trafficking occur in the United States, it is a lucrative business with
billions of dollars in profits. It continues because victims are not
easily identified and they are afraid. It happens in our own
communities, because we are unaware. Today, we stand up and say no
more.
In order for victims of trafficking to break free, they need help.
Health care professionals are one of the few groups to interact with
trafficked women and girls and can be one source of help as twenty-
eight percent of trafficked women sought treatment from a health care
professional while being held captive. Recent studies show that health
care professionals are well positioned to be first responders if they
have the training and skills to identify and help victims.
The Trafficking Awareness Training for Health Care Act would provide
for the development of evidence-based best practices to help health
care providers to identify and assist victims of human trafficking. The
bill requires HHS to award a grant to a medical or nursing school to
develop best practices for medical personnel. These best practices will
be tested in a pilot program conducted at Community Health Centers
(CHCs) in each of the 10 administrative regions. The results of the
pilot will be shared with the medical community for their
consideration. This bill offers us an important opportunity to work
with the medical community to improve awareness and ensure that human
trafficking education and practice becomes a part of basic health care
training.
I thank Rep. Ellmers for her hard work this important piece of
legislation and urge its passage.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from North Carolina (Mrs. Ellmers) that the House suspend
the rules and pass the bill, H.R. 398.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________