[Senate Report 114-46]
[From the U.S. Government Publishing Office]
Calendar No. 82
114th Congress } { Report
SENATE
1st Session } { 114-46
_______________________________________________________________________
HUMAN TRAFFICKING DETECTION
ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 460
TO DIRECT THE SECRETARY OF HOMELAND SECURITY TO TRAIN DEPARTMENT OF
HOMELAND SECURITY PERSONNEL HOW TO EFFECTIVELY DETER, DETECT, DISRUPT,
AND PREVENT HUMAN TRAFFICKING DURING THE COURSE OF THEIR PRIMARY ROLES
AND RESPONSIBILITIES, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 14, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
David S. Luckey, Director of Homeland Security
William H.W. McKenna, Chief Counsel for Homeland Security
Jose J. Bautista, Professional Staff Member
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Stephen R. Vina, Minority Chief Counsel for Homeland Security
Holly A. Idelson, Minority Senior Counsel
Laura W. Kilbride, Chief Clerk
C O N T E N T S
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Act, as Reported.............6
Calendar No. 82
114th Congress } { Report
SENATE
1st Session } { 114-46
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HUMAN TRAFFICKING DETECTION ACT OF 2015
_______
May 14, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 460]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 460) to direct
the Secretary of Homeland Security to train Department of
Homeland Security personnel how to effectively deter, detect,
disrupt, and prevent human trafficking during the course of
their primary roles and responsibilities, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
I. PURPOSE AND SUMMARY
H.R. 460, the Human Trafficking Detection Act of 2015,
requires the Secretary of Homeland Security (the Secretary) to
train and periodically retrain relevant Department of Homeland
Security (DHS) personnel on methods for deterring, detecting,
and disrupting human trafficking and would authorize the
Secretary to provide training curricula to state, local, and
tribal governments, and private organizations upon request. The
act reflects DHS's important role in combating human
trafficking, through the Blue Campaign and public-facing
operational components like the Transportation Security
Administration (TSA), U.S. Coast Guard, and U.S. Customs and
Border Protection (CBP).
II. BACKGROUND AND THE NEED FOR LEGISLATION
Today, human trafficking is one of the most prolific areas
of criminal activity around the world.\1\ It is a $32 billion
global industry, ranking second only to drug trafficking among
the most profitable transnational crimes.\2\ Human traffickers
operate nationwide, exploiting victims of any age, race,
gender, nationality, or socioeconomic background.\3\
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\1\See generally Combating Human Trafficking: Federal, State, and
Local Perspectives: Hearing Before the Comm. on Homeland Security &
Governmental Affairs, 113th Cong. 13 (2013) [hereinafter Combating
Human Trafficking].
\2\See Director-General, International Labour Office, A Global
Alliance Against Forced Labour 55 (2005); see also U.S. Department of
Homeland Security, Definition of Human Trafficking, Dec. 22, 2014,
http://www.dhs.gov/definition-human-trafficking.
\3\U.S. Department of Homeland Security, Myths and Misconceptions,
http://www.dhs.gov/blue-campaign/myths-and-misconceptions (last visited
March 25, 2015).
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Human trafficking presents U.S. law enforcement with a
multi-faceted challenge.\4\ Often, victims are forced to work
in various legitimate and illegitimate agriculture,
manufacturing, hospitality, and foodservice industries, but
only a few are identified or seek assistance because of the
difficulty in detection and perpetrators' control over their
victims.\5\ The United States also acts as a source, transit,
and final destination country for the trafficking of both U.S.
and foreign nationals.\6\ During Fiscal Year (FY) 2013, federal
agencies identified men, women, and children--mostly from the
U.S., Mexico, the Philippines, Thailand, Honduras, Guatemala,
India, and El Salvador--as victims of forced labor or sexual
exploitation.\7\ To combat domestic human trafficking and
disrupt supply chains, DHS focuses its domestic response on
increasing public awareness and reporting, providing assistance
to victims and survivors, and training law enforcement officers
to arrest and prosecute perpetrators.\8\
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\4\E.g., Combating Human Trafficking, supra note 1 at 36 (statement
of John J. Farmer, Jr., Senior Vice President and University Counsel,
Rutgers, the State University of New Jersey).
\5\See id. at 20 (joint statement of Anne C. Gannon, National
Coordinator for Child Exploitation Prevention and Interdiction, Office
of the Deputy Att'y Gen., U.S. Department of Justice, and Joseph S.
Campbell, Deputy Assistant Director, Criminal Investigative Division,
Federal Bureau of Investigation, U.S. Department of Justice); U.S.
Department of State, Trafficking in Persons Report 397 (2014); Heather
J. Clawson and Nicole Dutch, U.S. Department of Health and Human
Services, Identifying Victims of Human Trafficking 2 (2008).
\6\Trafficking in Persons Report, supra note 5, at 397.
\7\Id.
\8\Combating Human Trafficking, supra note 1 at 89 (joint statement
of Alice Hill, Chair, Blue Campaign, U.S. Department of Homeland
Security, and James Dinkins, Executive Associate Director, Homeland
Security Investigations, Immigration and Customs Enforcement, U.S.
Department of Homeland Security).
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Recognizing the complexity of combating human trafficking
and the need for better coordination, in 2010, DHS established
a unified victim-centered program to coordinate its human
trafficking response and awareness campaign, the Blue
Campaign.\9\ The Blue Campaign raises public awareness about
human trafficking taking place within U.S. national borders by
educating the public, law enforcement, and public and private
organizations on how to recognize and report possible human
trafficking.\10\ Specifically, the Blue Campaign provides
formal training on the indicators of human trafficking to those
most likely to encounter a victim or a trafficker, including
first responders, healthcare providers, social workers,
community volunteers, and law enforcement officers.\11\
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\9\Id. at 9.
\10\Id.
\11\Id.
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In recent years, Blue Campaign partnerships have
significantly increased human trafficking reporting to the U.S.
Immigration and Customs Enforcement's (ICE) investigative tip
line (1-866-347-2423). Compared to the 231 tips received in FY
2010, DHS law enforcement components reported 384 tips in FY
2011 and 588 in FY 2012.\12\ In FY 2014, ICE Homeland Security
Investigations initiated 987 investigations related to human
trafficking and recorded 1,770 arrests, 1,028 indictments, and
828 convictions.\13\ These efforts resulted in identification
of more than 440 human trafficking victims to receive victim
assistance and medical services.\14\
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\12\DHS Briefing to Committee Staff (March 23, 2015).
\13\Id.
\14\Id.
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However, challenges remain in combating domestic human
trafficking. In its 2014 Trafficking in Persons report, the
U.S. Department of State recommended the United States
strengthen interagency coordination on survivor engagement and
training, and enhance human trafficking training for law
enforcement and prosecutors.\15\ The report also noted non-
governmental organizations have called for increased
transparency in reporting results of federal criminal
trafficking investigations that do not result in criminal
prosecutions.\16\
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\15\Trafficking in Persons Report, supra note 5, at 398.
\16\Id. at 399.
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This act seeks to address those concerns by requiring human
trafficking training for DHS personnel and improving reporting
of suspected and confirmed human trafficking cases. H.R. 460
requires the Secretary to ensure that TSA, CBP, and other DHS
personnel who interact with the public periodically receive
training on the most current methods to identify suspected
victims and perpetrators while preforming their primary
responsibilities. It also requires the Secretary to submit an
annual report describing the overall effectiveness of the
training program required by the Act. Specifically, the report
will require DHS to provide the number of suspected and
confirmed cases of human trafficking reported by DHS personnel.
Finally, the act authorizes the Secretary to provide training
curricula to state and local governments and public and private
organizations who request assistance in establishing a training
program to contribute to the efforts to combat human
trafficking in the United States.
III. LEGISLATIVE HISTORY
In the 113th Congress, on September 23, 2013, the Committee
held a hearing titled ``Combating Human Trafficking: Federal,
State and Local Perspectives.''\17\ The purpose of the hearing
was to raise awareness about domestic human trafficking and
examine efforts to coordinate federal, state, tribal and local
efforts to combat human trafficking within the U.S. Witnesses
at the hearing were two senior DHS officials, including the
Chair of the Blue Campaign; the National Coordinator for Child
Exploitation Prevention and Interdiction at the Department of
Justice; two representatives from human trafficking victims
resource centers; a representative from a non-profit anti-human
trafficking advocacy organization; and the Senior Vice
President and Professor of Law at Rutgers University. The
witnesses discussed the incidence of human trafficking in the
U.S. and their respective communities, causes of human
trafficking, and existing federal, state, and local strategies
to combat it. The witnesses also offered strategies for
increasing national awareness of human trafficking, and
opportunities for increased collaboration between federal,
state, tribal and local authorities.
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\17\Combating Human Trafficking, supra note 1.
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On July 15, 2014, Representative Meadows introduced H.R.
5116, the Human Trafficking Detection Act of 2014. The act
passed the House by voice vote on July 23, 2014, but the Senate
did not take up the bill during the 113th Congress.
In the 114th Congress, on January 21, 2015, Representative
Walker introduced the Human Trafficking Detection Act of 2015.
Upon being discharged by the House Committee on Homeland
Security, the act passed the House by voice vote on January 27,
2015. The measure was received in the Senate and referred to
the Committee on Homeland Security and Governmental Affairs on
January 28, 2015. Chairman Johnson introduced S. 623, a
companion bill to H.R. 460, in the Senate on March 3, 2015,
which was referred to the Committee on Homeland Security and
Governmental Affairs.
The Committee considered H.R. 460 at a business meeting on
March 4, 2015. The Committee ordered the act, without
amendment, reported favorably by voice vote on March 4, 2015.
Senators present for the vote were: Johnson, Portman, Lankford,
Ayotte, Ernst, Carper, McCaskill, Baldwin, Heitkamp, and
Peters.
IV. SECTION-BY-SECTION ANALYSIS OF THE ACT, AS REPORTED
Section 1. Short title
This section provides the act's short title, the ``Human
Trafficking Detection Act of 2015.''
Section 2. Definitions
This section defines several terms, including ``human
trafficking.''
Section 3. Training for department personnel to identify human
trafficking
Subsection (a) requires that within 180 days of enactment,
the Secretary implement a program to train relevant TSA, CBP,
and other DHS personnel to effectively deter, detect, and
disrupt human trafficking during the course of their primary
responsibilities; and, where appropriate, how to interdict a
perpetrator during the course of their primary
responsibilities.
Subsection (b) allows the Secretary to achieve the training
required by subsection (a) via in-person or online training,
and requires the training modules to include: methods to
identify suspected victims and perpetrators; methods to safely
approach a suspected victim; location and environment specific
information; other topics that the Secretary deems appropriate
to combat human trafficking; and an evaluation of the personnel
after completing the assigned training.
Subsection (c) requires the Secretary to reassess annually
the training program established under subsection (a) to ensure
the training modules are kept current.
Section 4. Certification and report to Congress
Subsection (a) directs the Secretary to certify to the
appropriate congressional committees, which the Committee
intends to include the Senate Committee on Homeland Security
and Governmental Affairs and the House Committee on Homeland
Security, that all relevant DHS personnel have successfully
completed the required training under section 3.
Subsection (b) requires the Secretary to report annually to
the appropriate congressional committees, which the Committee
intends to include the Senate Committee on Homeland Security
and Governmental Affairs and the House Committee on Homeland
Security, on the overall effectiveness of the training program
and on the number of suspected cases reported by DHS personnel
as well as the number of confirmed cases of human trafficking.
The Committee recognizes the number of confirmed cases reported
by the Secretary may be lower than the number of cases
suspected and investigated, due to the inherent challenges in
identifying and prosecuting human traffickers. Accordingly, the
Committee instructs the Secretary to include with the report
such caveats as necessary to explain these data and their
limitations, as well as any additional information that may be
necessary to provide a complete picture of the Department's
efforts to combat human trafficking.
Section 5. Assistance to non-Federal entities
This section authorizes the Secretary to provide training
curricula to any state, local, or tribal government, or private
organization seeking to establish its own training program to
identify human trafficking.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this act and determined
that the act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the act contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
March 18, 2015.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 460, the Human
Trafficking Detection Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 460--Human Trafficking Detection Act of 2015
H.R. 460 would require the Department of Homeland Security
(DHS) to train certain employees in techniques for detecting
and deterring human trafficking. DHS also would have to prepare
an annual report to the Congress on the effectiveness of the
training program. There are ongoing activities within the
department to provide the training required by the act, so CBO
estimates that implementing H.R. 460 would not significantly
affect DHS spending. Because enacting the legislation would not
affect direct spending or revenues, pay-as-you-go procedures do
not apply.
H.R. 460 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE ACT, AS REPORTED
Because this legislation would not repeal or amend any
provision of current law, it would make no changes in existing
law within the meaning of clauses (a) and (b) of paragraph 12
of rule XXVI of the Standing Rules of the Senate.
[all]