[House Report 118-355]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      118-355

======================================================================



 
              ENHANCING DETECTION OF HUMAN TRAFFICKING ACT

                                _______
                                

January 25, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 443]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred 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, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                                PURPOSE

    H.R. 443, the Enhancing Detection of Human Trafficking Act, 
directs the Secretary of Labor to implement an education 
program for U.S. Department of Labor (DOL) personnel to detect 
and assist law enforcement effectively in preventing human 
trafficking during their official duties.

                            COMMITTEE ACTION

                             115TH CONGRESS

    On May 25, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 
2664, the Enhancing Detection of Human Trafficking Act, with 
Rep. Gregorio Kilili Camacho Sablan (D-CNMI) as an original 
cosponsor. The bill was referred solely to the Committee on 
Education and the Workforce.

Legislative Action

    On July 12, 2017, the House agreed by voice vote on a 
motion to suspend the rules and pass H.R. 2664, the Enhancing 
Detection of Human Trafficking Act.

                             118TH CONGRESS

    On June 7, 2023, the Committee on Education and the 
Workforce held a hearing entitled ``Examining the Policies and 
Priorities of the Department of Labor'' to examine DOL's Fiscal 
Year 2024 budget priorities and evaluate the effectiveness of 
its enforcement programs. The sole witness was the Honorable 
Julie A. Su, Acting Secretary of Labor, Washington, D.C. Rep. 
Walberg questioned Ms. Su about DOL's efforts to eliminate 
instances of human trafficking.

Legislative Action

    On January 20, 2023, Rep. Walberg introduced H.R. 443, the 
Enhancing Detection of Human Trafficking Act, with Reps. Sablan 
and Ann Wagner (R-MO) as original cosponsors. The bill was 
referred solely to the Committee on Education and the 
Workforce.
    On January 10, 2024, the Committee considered H.R. 443 in 
legislative session and reported it favorably, as amended, to 
the House of Representatives by a recorded vote of 42-0. The 
Committee considered the following amendments to H.R. 443:
          1. Rep. Walberg offered an Amendment in the Nature of 
        a Substitute making technical changes. The amendment 
        was adopted by voice vote.
          2. Rep. Alma S. Adams (D-NC) offered an amendment 
        adding the Protecting Children Act, which increases 
        civil monetary penalties for child labor violations 
        under the Fair Labor Standards Act and increases the 
        capacity of workforce protection agencies to reduce 
        child labor. Rep. Walberg insisted on a point of order 
        that the subject matter of the amendment was not 
        germane to the underlying bill, which was sustained by 
        Chairwoman Virginia Foxx (R-NC). Ranking Member Robert 
        C. ``Bobby'' Scott (D-VA) challenged the ruling of the 
        chair, which Rep. Walberg moved to table, and the 
        motion to table passed by voice vote.
          3. Rep. Ilhan Omar (D-MN) offered an amendment to 
        clarify that the Secretary of Labor shall consider the 
        training and education needs of Wage and Hour Division 
        (WHD) employees operating in a state with a significant 
        increase in child labor. The amendment also clarified 
        that training and education with respect to referrals 
        to the Department of Justice (DOJ) shall be done in 
        accordance with best practices for protecting the 
        rights of human trafficking victims, including 
        collaboration with victim advocacy organizations, 
        federal agencies, and state and local officials. The 
        amendment was adopted by voice vote.
          4. Rep. Donald Norcross (D-NJ) offered and withdrew 
        an amendment to ensure that DOL reports suspected 
        trafficking cases to relevant state and local business 
        and professional licensing bodies.

                            COMMITTEE VIEWS

                              INTRODUCTION

    H.R. 443 establishes a requirement that DOL provide 
education to its personnel so that they can effectively detect 
and assist law enforcement in preventing human trafficking 
during their official duties.

                     INSTANCES OF HUMAN TRAFFICKING

    The prevailing federal law on human trafficking, the 
Trafficking Victims Protection Act of 2000 (TVPA),\1\ 
recognizes two primary forms of human trafficking: sex 
trafficking and forced labor. Specifically, the TVPA defines 
human trafficking as ``sex trafficking in which a commercial 
sex act is induced by force, fraud, or coercion, or in which 
the person induced to perform such act has not attained 18 
years of age'' or ``the recruitment, harboring, transportation, 
provision, or obtaining of a person for labor or services, 
through the use of force, fraud, or coercion for the purpose of 
subjection to involuntary servitude, peonage, debt bondage, or 
slavery.''\2\
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    \1\22 U.S.C. Sec. Sec. 7101-7115.
    \2\Id. Sec. 7102(11).
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    According to the United Nations' International Labour 
Organization, there were 27.6 million victims of forced labor 
across the globe on any given day in 2021.\3\ The United States 
is also experiencing a high rate of trafficking within its own 
borders. The National Human Trafficking Hotline's most recent 
data show there were 10,360 trafficking cases in the United 
States during 2021.\4\ Further, the National Center for Missing 
and Exploited Children reports that roughly one in six 
endangered runaways--missing children under the age of 18--are 
likely victims of child sex trafficking.\5\
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    \3\Int'l Lab. Org., Global Estimates of Modern Slavery--Forced 
Labour and Forced Marriage (Sept. 2022), https://www.ilo.org/wcmsp5/
groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf.
    \4\Nat'l Hum. Trafficking Hotline, National Statistics (2021), 
https://humantraffickinghotline.org/en/statistics.
    \5\Nat'l Ctr. for Missing & Exploited Children, https://
www.missingkids.org/ourwork/impact.
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          DOL'S PROCEDURES TO DETECT HUMAN TRAFFICKING IN THE 
                             UNITED STATES

    While DOL agencies are statutorily unable to undertake 
prosecutions, they still play an important role in combatting 
trafficking. In the course of their duties to enforce 
employment laws, DOL personnel from agencies including WHD and 
the Occupational Safety and Health Administration may find 
potential instances of trafficking. When personnel uncover such 
instances, DOL refers them to DOJ, DOL's Office of Inspector 
General, and other relevant law enforcement agencies that can 
prosecute traffickers.
    WHD specifically provides education to its enforcement 
personnel to detect instances of trafficking. This education 
helps personnel to identify certain ``red flags'' that indicate 
the likelihood of trafficking. Such ``red flags'' include: (1) 
attempts to restrict individuals' movement, (2) large groups of 
individuals gathered in workplaces or housing arrangements, (3) 
confiscation of personal identification, (4) direct threats to 
individuals, (5) paying wages that are less than those that 
were agreed upon, and (6) a disproportionate amount of money 
withheld from wages. WHD provides this education as personnel 
are hired and through continuing education. However, WHD cannot 
attest to whether it provides its continuing education on an 
annual basis.

           LACK OF DATA ON THE OUTCOMES OF DOL-REFERRED CASES

    Currently, DOL does not provide information to Congress or 
the public about the potential trafficking cases it refers to 
DOJ and other law enforcement agencies, including even the raw 
number of cases it refers. Further, DOJ and other law 
enforcement agencies do not consistently provide DOL with 
information about the outcomes of these referrals. This lack of 
data may leave DOL agencies without a clear understanding of 
the effectiveness of their trafficking detection curricula.

                               CONCLUSION

    More must be done to raise awareness of human trafficking 
and protect the most vulnerable in the United States. H.R. 443 
takes an important step by ensuring federal employees within 
DOL who are more likely to come across cases of human 
trafficking have the knowledge to identify these crimes and the 
tools they need to respond. DOL employees are often on the 
front lines of human trafficking as they investigate workplace 
violations. This legislation will ensure DOL employees are 
educated to recognize patterns of human trafficking and refer 
cases to law enforcement.

                                SUMMARY

                  H.R. 443 SECTION-BY-SECTION SUMMARY

Section 1. Short title

    Section 1 provides that the short title is ``Enhancing 
Detection of Human Trafficking Act.''

Section 2. Definition of human trafficking

    Section 2 provides that the term ``human trafficking'' 
means any act or practice described in section 103 of the TVPA 
(22 U.S.C. Sec. 7102).

Section 3. Training for Department personnel to identify human 
        trafficking

    Section 3 directs that, not later than 180 days after the 
bill's enactment, the Secretary of Labor shall implement an 
education program for departmental personnel to detect 
instances of trafficking more effectively during their 
investigative work. Such educational courses, whether provided 
through in-class or virtual learning, shall be provided to 
personnel as they learn about their duties and through 
continuing education. Curricula should cover the current trends 
and best practices that personnel may find during the course of 
their investigative duties. Additionally, this education should 
provide personnel with a clear course of action for referring 
potential cases of human trafficking to DOJ and other 
appropriate authorities. Finally, Section 3 creates an 
evaluation process for those employees educated to provide an 
evaluation of the course work following its completion.

Section 4. Reports to Congress

    Section 4 directs that not later than one year after the 
Secretary of Labor implements the education program and each 
year thereafter, he or she will report to the House Committee 
on Education and the Workforce and the Senate Committee on 
Health, Education, Labor, and Pensions on the education 
provided under the program during the preceding year and on the 
number of cases referred during the preceding year to DOJ and 
other appropriate law enforcement agencies by DOL in which 
human trafficking was suspected. When reporting on the 
education provided in the preceding year, the Secretary shall 
include information about the overall effectiveness of the 
education and the number of individuals who were educated.

                       EXPLANATION OF AMENDMENTS

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 443 requires training for Department of Labor 
employees to identify human trafficking and requires reporting 
on human trafficking cases referred by the Department of Labor 
to the Department of Justice and therefore it does not apply to 
the Legislative Branch.

                       UNFUNDED MANDATE STATEMENT

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee adopts as its own the 
cost estimate prepared by the Director of the Congressional 
Budget Office (CBO) pursuant to section 402 of the 
Congressional Budget and Impoundment Control Act of 1974.

                           EARMARK STATEMENT

    H.R. 443 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of House rule XXI.

                            ROLL CALL VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 443, the Enhancing Detection of Human Trafficking 
Act, is for the Secretary of Labor to implement an education 
program for DOL personnel to detect instances of trafficking 
more effectively during their investigative work.

                    DUPLICATION OF FEDERAL PROGRAMS

    No provision of H.R. 443 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

                       REQUIRED COMMITTEE HEARING

    In compliance with clause 3(c)(6) of rule XIII the 
following hearing held during the 118th Congress was used to 
develop or consider H.R. 443: On June 7, 2023, the Committee on 
Education and the Workforce held a hearing entitled ``Examining 
the Policies and Priorities of the Department of Labor''.

               NEW BUDGET AUTHORITY AND CBO COST ESTIMATE

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following estimate for H.R. 443 from the Director of the 
Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 443 would require the Department of Labor (DOL) to 
train its employees on how to identify human trafficking and 
refer potential cases to law enforcement. The bill would allow 
the department to determine which employees should receive the 
training. Additionally, DOL would need to report to the 
Congress on training and referral activities.
    Because DOL currently provides this type of training to 
many employees, CBO estimates that implementing H.R. 443 would 
cost less than $500,000 over the 2024-2028 period. Any spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Meredith Decker. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                        COMMITTEE COST ESTIMATE

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 443. However, 
clause 3(d)(2)(B) of that rule provides that this requirement 
does not apply when, as with the present report, the Committee 
adopts as its own the cost estimate of the bill prepared by the 
Director of the Congressional Budget Office under section 402 
of the Congressional Budget Act.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 443, as reported by the Committee, makes no changes in 
existing law.

                             MINORITY VIEWS

                              INTRODUCTION

    Far too many people--including children--continue to be 
forced to work in abusive, unsafe, and unlawful working 
conditions at the hands of criminals and unscrupulous 
employers. Committee Democrats have consistently championed 
efforts to end human trafficking and unanimously supported H.R. 
443 when it was marked up in the Committee. However, during the 
markup, Ranking Member Scott and other Democrats noted that the 
bill could be improved and emphasized that Committee 
Republicans should be doing more to address trafficking and 
combat child labor. As Ranking Member Scott stated in his 
opening statement during the markup, ``Committee Republicans 
should not be taking a victory lap as if they are doing 
everything possible to address trafficking, which they are 
not.''

                    H.R. 443 SHOULD BE STRENGTHENED

    Many employees at the U.S. Department of Labor (DOL) 
already receive training on how to identify and report human 
trafficking. According to the most recent year for which the 
U.S. Department of Justice (DOJ) provides data, DOL's Wage and 
Hour Division (WHD) alone made ``nine referrals to federal, 
state, and local law enforcement agencies or task forces,'' 
``referred two H visa cases to DOL's Office of Inspector 
General (DOL-OIG) regarding allegations of human trafficking,'' 
and ``participates in over 100 task forces, work groups, and 
coalitions across the country with the main goal of combating 
human trafficking.''\1\ Potential hallmarks of trafficking that 
WHD investigators are currently trained to identify include:
---------------------------------------------------------------------------
    \1\Attorney General's Annual Report to Congress on U.S. Government 
Activities to Combat Trafficking in Persons: Fiscal Year 2021, U.S. 
Department of Justice, https://www.justice.gov/d9/2023-04/
AG%20HT%20Report%20FY21FINALPDF.pdf (last visited Jan. 5, 2023).
---------------------------------------------------------------------------
           ``Restrictions on freedom of movement, close 
        monitoring, surveillance cameras at the worksite or in 
        employer-provided housing.
           ``Restrictions on communication, refusal to 
        allow workers to speak with investigators or be 
        interviewed in private.
           ``Statements or responses that appear 
        coached.''\2\
---------------------------------------------------------------------------
    \2\Off. of Ass't Sec'y for Pol., Wage and Hour Division, U.S. Dep't 
of Lab., https://www.dol.gov/agencies/oasp/resources/trafficking/whd 
(last visited Jan. 12, 2024).
---------------------------------------------------------------------------
    WHD also currently certifies U Visa or T Visa applications 
for victims of certain qualifying crimes, including 
trafficking, and provides technical assistance to law 
enforcement agencies to calculate restitution owed to victims 
of trafficking.\3\ WHD also spearheads the new Interagency 
Taskforce to Combat Child Labor Exploitation.\4\
---------------------------------------------------------------------------
    \3\Id.
    \4\Departments of Labor and Health and Human Services Announce New 
Efforts to Combat Exploitative Child Labor, U.S. Dep't of Lab. (Feb. 
27, 2023), https://www.hhs.gov/about/news/2023/02/27/departments-labor-
and-health-and-human-services-announce-new-efforts-combat-exploitative-
child-labor.html.
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    Unfortunately, H.R. 443 does not appropriately account for 
those DOL employees who already receive training on identifying 
and reporting human trafficking to avoid any inadvertent 
duplication. Additionally, H.R. 443 does not authorize 
additional funding to DOL to support on-going training, 
implement the training program, make referrals to appropriate 
authorities, or comply with the new annual reporting 
requirements.

 COMMITTEE DEMOCRATS SUPPORT APPROPRIATE FUNDING TO COMBAT TRAFFICKING

    As the principal U.S agency funding trade-related labor 
technical assistance projects, the Bureau of International 
Labor Affairs (ILAB) within DOL--including the agency's Office 
of Child Labor, Forced Labor, and Human Trafficking--is 
uniquely positioned to oversee supply chain security and 
resilience, including promoting human rights in global supply 
chains.\5\ It is regrettable that House Republicans' Fiscal 
Year (FY) 2024 Labor, Health and Human Services, Education, and 
Related Agencies (Labor-H) appropriations bill would have 
eliminated ILAB, including the agency's Office of Child Labor, 
Forced Labor, and Human Trafficking.\6\ By contrast, the Biden 
Administration's FY 2024 budget request sought to increase 
funding for ILAB by $14.4 million, from $116.1 million in FY 
2023 to $130.5 million in FY 2024, to enforce ``labor 
provisions in trade agreements and [allow] decisive action to 
combat forced labor, child labor, and exploitative labor 
conditions among trading partners.''\7\ Committee Democrats 
support the Biden Administration's budget request for ILAB.
---------------------------------------------------------------------------
    \5\FY24 Congressional Budget Justification Department Management, 
U.S. Dep't of Lab., https://www.dol.gov/sites/dolgov/files/general/
budget/2024/CBJ-2024-V3-02.pdf (last visited Jan. 5, 2023).
    \6\Fiscal Year 2024 Labor, Health, and Human Services, Education, 
and Related Agencies Appropriations Bill, U.S. House Committee on 
Appropriations Republicans, https://appropriations.house.gov/sites/
republicans.appropriations.house.gov/files/documents/FY24%20Labor%20
Health%20and%20Human%20Services%20Education%20and%20Related%20Agencies%2
0-%20Bill%20Summary.pdf (last visited Jan. 5, 2023).
    \7\Fiscal Year 2024 Labor, Health, and Human Services, Education, 
and Related Agencies Appropriations Bill, U.S. House Committee on 
Appropriations Republicans, https://appropriations.house.gov/sites/
republicans.appropriations.house.gov/files/documents/FY24%20Labor%20
Health%20and%20Human%20Services%20Education%20and%20Related%20Agencies%2
0-%20Bill%20Summary.pdf (last visited Jan. 5, 2023).
---------------------------------------------------------------------------
    In addition to eliminating ILAB, including the agency's 
Office of Child Labor, Forced Labor, and Human Trafficking, 
House Republicans' FY 2024 Labor-H appropriations bill would 
reduce funding across labor enforcement agencies, including the 
Occupational Safety and Health Administration (OSHA), WHD, and 
the Office of Federal Contract Compliance Programs.\8\ 
Committee Democrats reject the House Republicans' Labor-H 
appropriations bill.
---------------------------------------------------------------------------
    \8\Fiscal Year 2024 Labor, Health, and Human Services, Education, 
and Related Agencies Appropriations Bill, U.S. House Committee on 
Appropriations Republicans, https://appropriations.house.gov/sites/
republicans.appropriations.house.gov/files/documents/FY24%20Labor%20
Health%20and%20Human%20Services%20Education%20and%20Related%20Agencies%2
0-%20Bill%20Summary.pdf (last visited Jan. 5, 2023).
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  COMMITTEE DEMOCRATS SUPPORT ADDITIONAL LEGISLATIVE ACTION TO FIGHT 
                HUMAN TRAFFICKING AND COMBAT CHILD LABOR

    Committee Democrats believe that more must be done to 
empower DOL to take steps to stop labor trafficking and 
encourage Committee Republicans to take additional action 
beyond H.R. 443. High-profile exposes of companies illegally 
employing and overworking children in dangerous jobs\9\ put a 
face on the numbers available in the enforcement data from 
DOL's WHD, which show a near quintupling of the number of 
children involved in child labor violations since 2015--and 
these are just the cases that have been detected.\10\
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    \9\A New Child Labor Crisis in America, N.Y. Times (Mar. 9, 2023), 
https://www.nytimes.com/ 2023/03/09/podcasts/the-daily/ migrant-child-
labor-america.html; David J. Neal, A Restaurant's Florida Franchisees 
Illegally Used Child Labor and Owed Workers $24,000, Miami Herald (Mar. 
8, 2023), https://www.miamiherald.com/ news/business/
article272835475.html; How Child Labor Violations Have Quadrupled Since 
2015, 1A: NPR (Mar. 6, 2023), https://www.npr.org/2023/03/06/
1161486299/how-child-labor-violations-have-quadrupled-since-2015; 
Nandita Bose & Mica Rosenberg, U.S. to Crack Down on Child Labor Amid 
Massive Uptick, Reuters (Feb. 27, 2023), https://www.reuters.com/
business/us-crack-down-child-labor-amid-massive-uptick-2023-02-27/; 
Hannah Dreier, Alone and Exploited, Migrant Children Work Brutal Jobs 
Across the U.S., N.Y. Times (Feb. 25, 2023), https://www.nytimes.com/ 
2023/02/25/us/unaccompanied- migrant-child-workers-exploitation.html; 
Terri Gerstein, Child Labor Has Made a Comeback, Slate (Nov. 16, 2022), 
https://slate.com/business/ 2022/11/packers-sanitation-child-labor-
department-hyundai-chipotle.html; Child Labor Allegations at Alabama 
Hyundai Factory Lead to Class Action Lawsuit, FOX 23 News (Aug. 2, 
2022), https://www.fox23.com/news/trending/child-labor-allegations-at-
alabama-hyundai-factory-lead-to-class-action-lawsuit/article_96833571-
664a-57ce-9413-f32a7018ec0b.html.
    \10\See Wage & Hr. Div., Child Labor, U.S. Dep't of Lab., https://
www.dol.gov/agencies/whd/data/charts/child-labor (last visited Mar. 13, 
2023) (showing 1,012 children in child labor violations in FY15 
compared to 3,876 in FY22).
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    The increase in child labor is linked to a wave of 
unaccompanied migrant minors. More than half of the migrant 
children who have arrived in the U.S. since 2012 have arrived 
since 2021.\11\ Of those detained by the U.S. Department of 
Homeland Security and processed by the U.S. Department of 
Health and Human Services' refugee resettlement program, a 
larger than usual number have been placed in recent years with 
unrelated or distantly related adults.\12\ Many of the children 
arrive heavily indebted and under enormous pressure to send 
money back to their country of origin to relieve the debt and 
support their families.\13\
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    \11\Eli Murray, Hannah Dreier & K.K. Rebecca Lai, Where Migrant 
Children Are Living, and Often Working, in the U.S., N.Y. Times (Dec. 
28, 2023), https://www.nytimes.com/interactive/ 2023/12/28/us/migrants-
children-data.html.
    \12\Hannah Dreier, As Migrant Children Were Put to Work, U.S. 
Ignored Warnings, N.Y. Times (Apr. 17, 2023), https://www.nytimes.com/
2023/04/17/us/ politics/migrant-child-labor-biden.html.
    \13\Dreier, supra note 9.
---------------------------------------------------------------------------
    This surge in child labor violations is happening while 
WHD, the agency with primary responsibility for enforcing the 
child labor provisions of the Fair Labor Standards Act of 
1938\14\ (FLSA), has been allotted steadily decreasing 
resources to invest in enforcement. According to WHD data, the 
number of personnel hours spent on enforcement decreased every 
year from FY17 through FY22.\15\ Over the course of the past 
decade, the number of WHD staff has fallen from 1,446 in FY14 
to 1,267 in FY23,\16\ a 12.4% decline.\17\ WHD is so resource-
strapped that ``inspectors in a dozen states [told the New York 
Times] their understaffed offices could barely respond to 
complaints, much less open original investigations.''\18\
---------------------------------------------------------------------------
    \14\29 U.S.C. Sec. 201 et seq.
    \15\See Wage & Hr. Div., WHD: All Acts, U.S. Dep't of Lab., https:/
/www.dol.gov/agencies/whd/data/charts/all-acts (last visited Mar. 13, 
2023).
    \16\FY24 Congressional Budget Justification Wage and Hour Division, 
U.S. Dep't of Lab., https://www.dol.gov/sites/dolgov/files/general/
budget/2024/CBJ-2024-V2-09.pdf (last visited Jan. 5, 2023).
    \17\See Wage & Hr. Div., WHD: All Acts, U.S. Dep't of Lab., https:/
/www.dol.gov/agencies/whd/data/charts/all-acts (last visited Mar. 13, 
2023).
    \18\Dreier, supra note 12.
---------------------------------------------------------------------------
    The Democratic Caucus has mobilized to act. Bills 
introduced to date to tackle this problem include the 
following:
          (1) H.R. 4440, Protecting Children Act (Reps. Robert 
        C. ``Bobby'' Scott (VA-03) and Alma Adams (NC-12)): 
        increasing civil monetary penalties (CMPs) and criminal 
        penalties for child labor and workplace safety 
        violations that harm children; expanding government 
        capacity for enforcement and research; creating a 
        private right of action for children harmed by child 
        labor violations; facilitating rulemaking to identify 
        occupations too hazardous for children; requiring 
        annual reports on child labor and children's 
        occupational illnesses and injuries; and authorizing 
        grants for training and victim support.
          (2) H.R. 2388, Justice for Exploited Children Act of 
        2023 (Reps. Hillary Scholten (MI-03) and Nancy Mace 
        (SC-01)): increasing CMPs for child labor violations.
          (3) H.R. 2822, Child Labor Exploitation 
        Accountability Act (Rep. Greg Casar (TX-35)): 
        leveraging USDA procurement to disincentivize labor 
        standards violations, including child labor.
          (4) H.R. 2956, Combatting Child Labor Act (Rep. 
        Daniel Kildee (MI-08)): increasing CMPs and criminal 
        penalties for child labor violations and requiring an 
        annual report on child labor activities.
          (5) H.R. 4020, Children Don't Belong on Tobacco Farms 
        Act (Rep. Rosa DeLauro (CT-03)): prohibiting employment 
        of children under age 18 from working in direct contact 
        with tobacco plants or dried tobacco leaves.
          (6) H.R. 4046, CARE Act (Reps. Raul Ruiz (CA-25) and 
        Raul Grijalva (AZ-07)): adjusting age limits and 
        exemptions for children's agricultural employment; 
        prohibiting children under age 18 from pesticide 
        handling; increasing CMPs and criminal penalties for 
        child labor violations that harm children; and 
        requiring data analysis and employer reporting of 
        children's occupational injuries.
          (7) H.R. 6079, CHILD Labor Act (Rep. DeLauro): 
        expanding liability throughout supply chains for child 
        labor violations; granting DOL authority to shut down 
        operations of businesses employing children illegally; 
        and increasing penalties for child labor violations.
          (8) H.R. 6634, Workers POWER Act (Rep. Morgan 
        McGarvey (KY-03)): increasing DOL capacity to 
        investigate and enforce child labor and other labor 
        standards violations.
    Unfortunately, to date, Committee Republicans have not 
showed an openness to consider such bills. The markup for H.R. 
443 was a missed opportunity to advance these bills.
    Ranking Member Scott and Workforce Protections Subcommittee 
Ranking Member Adams have asked twice for the Committee on 
Education and the Workforce to hold a hearing on the crisis of 
child labor and consider the legislation offered to solve that 
crisis.\19\ Chair Foxx has dismissed these entreaties as ``all 
for show.''\20\ In the absence of an actual hearing on the 
issue, Committee Democrats arranged a roundtable with national 
experts in July 2023.\21\
---------------------------------------------------------------------------
    \19\See Letter from Reps. Robert C. ``Bobby'' Scott and Alma S. 
Adams to Rep. Virginia Foxx (Sept. 13, 2023), https://democrats-
edworkforce.house.gov/download/scott-adams-second-letter-to-foxx-re-
request-for-child-labor-hearing; Letter from Reps. Robert C. ``Bobby'' 
Scott & Alma S. Adams to Rep. Virginia Foxx (June 6, 2023), https://
democrats-edworkforce.house.gov/download/scott-adams-letter-to-foxx-re-
request-for-child-labor-hearing.
    \20\Olivia Olander, How BLS Is Thinking About AI, Politico Wkly. 
Shift (June 12, 2023), https://www.politico.com/newsletters/weekly-
shift/2023/06/12/how-bls-is-thinking-about-ai-00101457.
    \21\Briefing on Oppressive Child Labor, H. Comm. Educ. & Wrkf. 
Dems. (July 13, 2023), https://democrats-edworkforce.house.gov/media/
videos/watch/briefing-on-oppressive-child-labor.
---------------------------------------------------------------------------

        DEMOCRATIC AMENDMENTS OFFERED DURING MARKUP OF H.R. 443

    Committee Democrats put forward three amendments to improve 
the bill. The first of these amendments offered would have 
integrated elements of H.R. 4440, the Protecting Children Act, 
which would have meaningfully increased civil and criminal 
penalties for child labor violations and young workers' 
injuries and deaths while providing additional capacity and 
authority to DOL to monitor, prevent, and address child labor 
violations.\22\ It was ruled non-germane. The second of these 
amendments required the Secretary to consider the training 
needs of employees in states with significant increases in 
oppressive child labor. It was accepted by voice vote. The 
third of these amendments sought to ensure that DOL employees 
report suspected human trafficking cases to relevant State and 
local business and professional licensing bodies, where 
applicable. It was withdrawn based on a commitment that the 
Majority would work toward incorporating the amendment into the 
legislation ahead of floor consideration.
---------------------------------------------------------------------------
    \22\Protecting Children Act, H. Comm. Educ. & Wrkf. Dems., https://
democrats-edworkforce.house.gov/imo/media/doc/
protecting_children_act_fact_sheet1.pdf (last visited Jan. 12, 2024).

----------------------------------------------------------------------------------------------------------------
             Amendment                     Offered By                Description               Action Taken
----------------------------------------------------------------------------------------------------------------
#2.................................  Ms. Adams.............  Increasing civil monetary    Ruled non-germane.
                                                              penalties and the capacity
                                                              of workforce protection
                                                              agencies to reduce child
                                                              labor..
#3.................................  Ms. Omar..............  Requiring the Secretary to   Adopted
                                                              consider significant
                                                              increases in oppressive
                                                              child labor when
                                                              considering the training
                                                              and education needs of
                                                              Wage and Hour Division
                                                              employees..
#4.................................  Mr. Norcross..........  Ensuring DOL reports         Withdrawn (with
                                                              suspected cases to           commitment to work to
                                                              relevant State and local     incorporate).
                                                              business and professional
                                                              licensing bodies, where
                                                              applicable..
----------------------------------------------------------------------------------------------------------------

                               CONCLUSION

    Committee Democrats unanimously supported H.R. 443 when the 
Committee on Education and the Workforce considered it on 
January 10, 2024. We urge the House of Representatives to do 
the same. We also encourage Committee Republicans to join 
Democratic efforts to appropriately fund anti-trafficking 
priorities and advance additional bills to address trafficking 
and combat child labor. Committee Democrats believe we should 
not stop with H.R. 443; there is much more work to do.

                                   Robert C. ``Bobby'' Scott,
                                           Ranking Member.
                                   Mark DeSaulnier,
                                   Pramila Jayapal,
                                   Gregorio Kilili Camacho Sablan,
                                   Suzanne Bonamici,
                                           Members of Congress.

                                  [all]