[Congressional Record Volume 170, Number 20 (Monday, February 5, 2024)]
[House]
[Pages H407-H409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1715
ENHANCING DETECTION OF HUMAN TRAFFICKING ACT
Mr. WALBERG. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 443) to direct the Secretary of Labor to train certain
employees of Department of Labor how to effectively detect and assist
law enforcement in preventing human trafficking during the course of
their official duties, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 443
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 ``Enhancing Detection of Human
Trafficking Act''.
SEC. 2. DEFINITION OF HUMAN TRAFFICKING.
In this Act, the term ``human trafficking'' means any act
or practice described in paragraph (11) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 3. TRAINING FOR DEPARTMENT PERSONNEL TO IDENTIFY HUMAN
TRAFFICKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall implement
a program to provide the training and periodic continuing
education described in subsection (b) to employees of the
Department of Labor whom the Secretary determines should
receive such training or education based on their official
duties. In making such determination with respect to
employees of the Wage and Hour Division, the Secretary shall
consider the training and education needs of such employees
operating in a State with a significant increase in
oppressive child labor (as defined in section 3(l) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)).
(b) Training and Continuing Education Described.--The
training and continuing education provided under the program
referred to in subsection (a)--
(1) may be conducted through in-class or virtual learning
capabilities; and
(2) shall include--
(A) training or continuing education that--
(i) is most appropriate for the particular location or
professional environment in which the employees receiving
such training or continuing education perform their official
duties;
(ii) covers topics determined by the Secretary of Labor to
appropriately reflect current trends and best practices for
such location or environment; and
(iii) includes--
(I) the provision of current information on matters related
to the detection of human trafficking to the extent relevant
to the official duties of such employees, and consistent with
privacy laws;
(II) methods for identifying suspected victims of human
trafficking and parties who may be suspected of the
trafficking activity; and
(III) a clear course of action for referring potential
cases of human trafficking to the Department of Justice and
other appropriate authorities, in accordance with best
practices for protecting the rights of victims of human
trafficking, including appropriate collaboration with victim
advocacy organizations, Federal agencies, and State and local
officials; and
(B) an evaluation of the training or continuing education
by such employees after the completion of such training or
education.
SEC. 4. REPORTS TO CONGRESS.
Not later than 1 year after the Secretary of Labor first
implements the program under section 3(a), and each year
thereafter, the Secretary of Labor 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 on--
(1) the training and continuing education provided under
the program for the preceding year, including--
(A) an evaluation (including the overall effectiveness) of
such training and continuing education; and
(B) the number of individuals who have completed such
training or continuing education; and
(2) the number of cases related to the detection of human
trafficking, which were referred to the Department of Justice
and other appropriate authorities during the preceding year
by the Department of Labor, and the processes used by the
Department of Labor to accurately measure and track the
response of the Department of Justice and other appropriate
authorities to such cases.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Walberg) and the gentleman from the Northern Mariana
Islands (Mr. Sablan) 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
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 443.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume.
Trafficking is modern-day slavery, period.
Trafficking goes against our country's founding values of life,
liberty, and the pursuit of happiness, so it is all the more
heartbreaking and frustrating to know this crime is happening in our
own country.
According to the Polaris Institute, experts believe that worldwide
labor trafficking--the illegal exploitation of an individual for
commercial gain--is more common than sex trafficking.
This grotesque form of servitude knows no geographical limits. From
the Mariana Islands to my home State of Michigan, cases of trafficking
can happen anywhere to anyone. Victims of labor trafficking can be
young children, teenagers, or adult men and women.
While a lot of work has been done over the years to raise awareness
about this terrible crime, sadly, events over the past year have
demonstrated that more measures are necessary. Statistics from the
Justice Department indicate human trafficking in the United States is
on the rise. This is unfortunate but not surprising, given the
lawlessness at our southern border.
As one columnist put it, ``The absence of border security, in
conjunction with nonexistent interior enforcement, has made the U.S. a
fertile breeding ground for human trafficking.''
The Biden administration's open-border policies have led to more than
450,000 unaccompanied alien children crossing the southwest border on
Secretary Mayorkas' watch. Given this surge, the Department of Health
and Human Services, under guidance from the administration, lowered the
standards for sponsors to take these unaccompanied children. Simply
put, HHS knowingly transferred these children to the possession of
others who were not their parents without ensuring that the child was
healthy or that the transfer was necessary.
[[Page H408]]
The result? Mr. Speaker, 85,000 children can't be found. There have
been reports of sponsors having 20 of these children in one home, being
used for forced labor.
Mr. Speaker, this breakdown in Federal agencies' ability to keep
children out of harm's way underscores the need to ensure that Federal
officials are properly educated on the signs of human trafficking.
While I am sure there is more work to be done at other Federal
agencies, the Committee on Education and the Workforce has jurisdiction
over the Department of Labor. Specifically, Wage and Hour Division and
Occupational Safety and Health Administration employees, through the
course of inspecting workplace safety and labor law compliance within
the United States, often have a frontline opportunity to identify
patterns of forced labor. Providing these employees with the proper
education on how to detect and respond to the signs of human
trafficking is an important part of the larger comprehensive effort to
eradicate this unthinkable crime.
Specifically, H.R. 443 would direct the Department of Labor to
educate appropriate staff on how to effectively detect instances of
human trafficking; ensure personnel regularly receive information on
current trends and best practices; allow flexible education options,
including in-class and virtual learning options; establish a clear
course of action for referring suspected instances of human trafficking
to law enforcement; and require a report to Congress on the
implementation of the education and the processes used by the
Department to measure and track its agencies' and law enforcement's
responses to human trafficking.
An earlier version of this bill passed the House unanimously in 2017,
and this bill passed the Education and the Workforce Committee by a
vote of 42-0.
Mr. Speaker, I urge my colleagues to support H.R. 443 so we can give
folks on the front lines of identifying labor trafficking tools and the
tools to stop it.
Mr. Speaker, I reserve the balance of my time.
Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 443, a bill to assist
the United States Department of Labor in identifying and preventing
cases of human trafficking.
Mr. Speaker, I thank Representative Walberg for his leadership and
partnership on this issue and for introducing this legislation, of
which I am an original cosponsor.
Human trafficking is a scourge that preys on the most vulnerable,
subjecting more than 27 million people around the world--and thousands
here in the United States--to abhorrent working and living conditions.
Eradicating all cases of human trafficking first requires an
awareness of where it exists. As the Federal agency that oversees labor
laws, the Department of Labor is uniquely positioned to identify
patterns of labor exploitation.
That is why Representative Walberg and I reintroduced H.R. 443, the
Enhancing Detection of Human Trafficking Act. This bipartisan, no-cost
legislation directs the Department of Labor to train appropriate
Department staff on how to detect human trafficking and ensure that
personnel of the Department of Labor are provided with screening tools
to identify and detect trafficking activities.
The bill requires the Department to report back to Congress within a
year on the progress that is being made by such efforts.
Unfortunately, this horrible crime occurs in every part of our
country, including in my own district in the Northern Mariana Islands.
In the past, several construction companies have lured non-U.S. workers
to come to the Marianas with false promises and misrepresentations
about pay and conditions. They didn't come through the southern border,
I will assure you of that. They came by airplane. The companies then
withheld the employees' wages and confiscated their passports.
The workers were subjected to inhumane working conditions and
crowded, unsanitary barracks with barely enough food and water. They
were forced to work in unsafe conditions, forced to look up to the
community for food and food assistance, some suffering serious injuries
without access to adequate medical care. There was even a workplace
fatality.
To their credit, the Department of Labor's OSHA, the Occupational
Safety and Health Administration, and Wage and Hour Division have
worked to address these crimes, issuing fines and citations and
recovering wages.
These grave injustices that rob people of their freedom, and
sometimes their lives, are preventable. Congress can and must do more
to hold human traffickers accountable. H.R. 443, the Enhancing
Detection of Human Trafficking Act, is an important step toward
ensuring that the Department has the tools and resources it needs to
combat human trafficking.
Mr. Speaker, I thank the leadership of the House, especially
Chairwoman Virginia Foxx and Ranking Member Bobby Scott of the
Education and the Workforce Committee, for moving this bill to the
floor. Again, I thank my friend, Representative Walberg, for his
leadership in combating human trafficking.
One reason we should vote for this bill is because it is a good bill.
Another good reason we should vote for it is because Mr. Walberg's team
got the national championship. He deserves this win here.
Last month, this bill gained overwhelming support in committee with a
vote of 42-0. It passed the House unanimously in the 117th Congress.
Mr. Speaker, I strongly urge my colleagues to vote ``yes'' on this
bill today and support this legislation. I yield back the balance of my
time.
Mr. WALBERG. Mr. Speaker, I thank my colleague, the Representative
from the Northern Mariana Islands. We have worked on this a long time,
and it is worthy of the time spent.
Let me close with some heartbreaking statistics to remind my
colleagues of why we have done this.
The International Labor Organization estimated there were roughly 78
million victims of forced labor across the globe on any given day in
2022.
In 2021, more than 10,000 trafficking cases in the U.S. were reported
to the National Human Trafficking Hotline.
According to the Department of Homeland Security, human trafficking
is second only to drug trafficking as the most profitable form of
international crime.
Roughly one in six endangered runaways reported to the National
Center for Missing and Exploited Children is likely a victim of child
sex trafficking.
Clearly, more needs to be done to combat this form of modern-day
slavery.
One of the biggest obstacles we face in this fight is awareness. H.R.
443 will ensure Department of Labor employees are equipped with
knowledge and processes to catch traffickers and keep them from
inflicting more harm and abuse on individuals.
Lastly, I thank my colleague, Representative Sablan, and his team for
their strong partnership and advocacy over the years on this bill. I
thank my colleague, and I certainly thank him for Go Blue.
Mr. Speaker, I urge my colleagues to support H.R. 443, and I yield
back the balance of my time.
Ms. FOXX. Mr. Speaker, I rise in support of H.R. 443, the bipartisan
Enhancing Detection of Human Trafficking Act, sponsored by
Representatives Walberg and Sablan.
=========================== NOTE ===========================
On February 5, 2024, page H408, in the third column, the
following appeared: Mr. Speaker, I rise in support of H.R. 443,
the bipartisan Enhancing Detection of Human Trafficking Act,
sponsored by Representatives
The online version has been corrected to read: Ms. FOXX. Mr.
Speaker, I rise in support of H.R. 443, the bipartisan Enhancing
Detection of Human Trafficking Act, sponsored by Representatives
========================= END NOTE =========================
Human trafficking is a blight upon civil society--everyone can agree,
and it is an issue that remains one of the greatest challenges of our
time.
According to the International Labor Organization, in 2022, an
estimated 27.6 million victims are trafficked on any given day.
Roughly one in six endangered runaways reported to the National
Center for Missing and Exploited Children is likely a victim of child
sex trafficking.
These horrid crimes are committed by those who prey on the innocent
and vulnerable.
We have seen stories right here at home of human trafficking
operations taking place at our own southern border.
When our nation's borders are left wide open, the cartels are
emboldened--and act with impunity--as they enslave innocent boys and
girls.
H.R. 443 offers a viable avenue to equip Department of Labor
personnel with the necessary information and tools to identify and
report human trafficking cases--as well as cases of forced labor and
sexual exploitation--because they investigate employment law
violations.
It also requires the Department of Labor to provide an annual report
to Congress regarding its own efforts to combat the scourge of human
trafficking.
[[Page H409]]
Mr. Speaker, human trafficking must be stamped out, and this
bipartisan legislation can help move us towards achieving that end.
I urge my colleagues to support H.R. 443.
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. 443, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WALBERG. 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.
____________________