Enhancing Detection of Human Trafficking Act

Floor Speech

Date: Feb. 5, 2024
Location: Washington, DC

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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.

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Mr. WALBERG. 443.

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.

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.

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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.

Mr. Speaker, I rise in support of H.R. 443, the bipartisan Enhancing Detection of Human Trafficking Act, sponsored by Representatives Walberg and Sablan.

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.

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.

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Mr. WALBERG. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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