[117th Congress Public Law 322]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 4433]]
Public Law 117-322
117th Congress
An Act
To establish a Department of Homeland Security Center for Countering
Human Trafficking, and for other purposes. <<NOTE: Dec. 27, 2022 - [S.
2991]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
assembled, <<NOTE: Countering Human Trafficking Act of 2021.>>
SECTION 1. <<NOTE: 6 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Countering Human Trafficking Act of
2021''.
SEC. 2. <<NOTE: 6 USC 242a note.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the victim-centered approach must become universally
understood, adopted, and practiced;
(2) criminal justice efforts must increase the focus on, and
adeptness at, investigating and prosecuting forced labor cases;
(3) corporations must eradicate forced labor from their
supply chains;
(4) the Department of Homeland Security must lead by
example--
(A) by ensuring that its government supply chain of
contracts and procurement are not tainted by forced
labor; and
(B) by leveraging all of its authorities against the
importation of goods produced with forced labor; and
(5) human trafficking training, awareness, identification,
and screening efforts--
(A) are a necessary first step for prevention,
protection, and enforcement; and
(B) should be evidence-based to be most effective.
SEC. 3. <<NOTE: 6 USC 242a.>> DEPARTMENT OF HOMELAND SECURITY
CENTER FOR COUNTERING HUMAN TRAFFICKING.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall
operate, within U.S. Immigration and Customs Enforcement's
Homeland Security Investigations, the Center for Countering
Human Trafficking (referred to in this Act as ``CCHT'').
(2) Purpose.--The purpose of CCHT shall be to serve at the
forefront of the Department of Homeland Security's unified
global efforts to counter human trafficking through law
enforcement operations and victim protection, prevention, and
awareness programs.
(3) Administration.--Homeland Security Investigations
shall--
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(A) maintain a concept of operations that identifies
CCHT participants, funding, core functions, and
personnel; and
(B) update such concept of operations, as needed, to
accommodate its mission and the threats to such mission.
(4) Personnel.--
(A) <<NOTE: Appointment.>> Director.--The Secretary
of Homeland Security shall appoint a CCHT Director, who
shall--
(i) be a member of the Senior Executive
Service; and
(ii) serve as the Department of Homeland
Security's representative on human trafficking.
(B) Minimum core personnel requirements.--Subject to
appropriations, the Secretary of Homeland Security shall
ensure that CCHT is staffed with at least 45 employees
in order to maintain continuity of effort, subject
matter expertise, and necessary support to the
Department of Homeland Security, including--
(i) employees who are responsible for the
Continued Presence Program and other victim
protection duties;
(ii) employees who are responsible for
training, including curriculum development, and
public awareness and education;
(iii) employees who are responsible for
stakeholder engagement, Federal interagency
coordination, multilateral partnerships, and
policy;
(iv) employees who are responsible for public
relations, human resources, evaluation, data
analysis and reporting, and information
technology;
(v) special agents and criminal analysts
necessary to accomplish its mission of combating
human trafficking and the importation of goods
produced with forced labor; and
(vi) managers.
(b) Operations Unit.--The CCHT Director shall operate, within CCHT,
an Operations Unit, which shall, at a minimum--
(1) support criminal investigations of human trafficking
(including sex trafficking and forced labor)--
(A) by developing, tracking, and coordinating leads;
and
(B) by providing subject matter expertise;
(2) augment the enforcement of the prohibition on the
importation of goods produced with forced labor through civil
and criminal authorities;
(3) <<NOTE: Coordination.>> coordinate a Department-wide
effort to conduct procurement audits and enforcement actions,
including suspension and debarment, in order to mitigate the
risk of human trafficking throughout Department acquisitions and
contracts; and
(4) support all CCHT enforcement efforts with intelligence
by conducting lead development, lead validation, case support,
strategic analysis, and data analytics.
(c) Protection and Awareness Programs Unit.--The CCHT Director shall
operate, within CCHT, a Protection and Awareness Programs Unit, which
shall--
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(1) incorporate a victim-centered approach throughout
Department of Homeland Security policies, training, and
practices;
(2) operate a comprehensive Continued Presence program;
(3) <<NOTE: Review.>> conduct, review, and assist with
Department of Homeland Security human trafficking training,
screening, and identification tools and efforts;
(4) operate the Blue Campaign's nationwide public awareness
effort and any other awareness efforts needed to encourage
victim identification and reporting to law enforcement and to
prevent human trafficking; and
(5) <<NOTE: Coordination.>> coordinate external engagement,
including training and events, regarding human trafficking with
critical partners, including survivors, nongovernmental
organizations, corporations, multilateral entities, law
enforcement agencies, and other interested parties.
SEC. 4. SPECIALIZED INITIATIVES.
(a) <<NOTE: Strategy. Proposal.>> Human Trafficking Information
Modernization Initiative.--The CCHT Director, in conjunction with the
Science and Technology Directorate Office of Science and Engineering,
shall develop a strategy and proposal to modify systems and processes
throughout the Department of Homeland Security that are related to
CCHT's mission in order to--
(1) decrease the response time to access victim protections;
(2) accelerate lead development;
(3) advance the identification of human trafficking
characteristics and trends;
(4) fortify the security and protection of sensitive
information;
(5) apply analytics to automate manual processes; and
(6) provide artificial intelligence and machine learning to
increase system capabilities and enhance data availability,
reliability, comparability, and verifiability.
(b) Submission of Plan.--Upon the completion of the strategy and
proposal under subsection (a), the Secretary of Homeland Security shall
submit a summary of the strategy and plan for executing the strategy
to--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(2) the Committee on Homeland Security of the House of
Representatives.
SEC. 5. <<NOTE: 6 USC 242b.>> REPORTS.
(a) Information Sharing to Facilitate Reports and Analysis.--Each
subagency of the Department of Homeland Security shall share with CCHT--
(1) any information needed by CCHT to develop the strategy
and proposal required under section 4(a); and
(2) any additional data analysis to help CCHT better
understand the issues surrounding human trafficking.
(b) Report to Congress.--Not later than 1 year after the date of the
enactment of this Act, the CCHT Director shall submit a report to
Congress that identifies any legislation that is needed to facilitate
the Department of Homeland Security's mission to end human trafficking.
(c) Annual Report on Potential Human Trafficking Victims.--Not later
than 1 year after the date of the enactment of
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this Act, and annually thereafter, the Secretary of Homeland Security
shall submit a report to Congress that includes--
(1) <<NOTE: Summary.>> the numbers of screened and
identified potential victims of trafficking (as defined in
section 103(17) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(17))) at or near the international border
between the United States and Mexico, including a summary of the
age ranges of such victims and their countries of origin; and
(2) <<NOTE: Update.>> an update on the Department of
Homeland Security's efforts to establish protocols and methods
for personnel to report human trafficking, pursuant to the
Department of Homeland Security Strategy to Combat Human
Trafficking, the Importation of Goods Produced with Forced
Labor, and Child Sexual Exploitation, published in January 2020.
SEC. 6. <<NOTE: 6 USC 242 note.>> TRANSFER OF OTHER FUNCTIONS
RELATED TO HUMAN TRAFFICKING.
(a) Blue Campaign.--The functions and resources of the Blue Campaign
located within the Office of Partnership and Engagement on the day
before the date of the enactment of this Act are hereby transferred to
CCHT.
(b) <<NOTE: Deadlines.>> Other Transfer.--
(1) Authorization.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security
may transfer the functions and resources of any component,
directorate, or other office of the Department of Homeland
Security related to combating human trafficking to the CCHT.
(2) Notification.--Not later than 30 days before executing
any transfer authorized under paragraph (1), the Secretary of
Homeland Security shall notify the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
of such planned transfer.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated,
there is authorized to be appropriated to the Secretary of Homeland
Security to carry out this Act $14,000,000, which shall remain available
until expended.
Approved December 27, 2022.
LEGISLATIVE HISTORY--S. 2991:
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SENATE REPORTS: No. 117-73 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Apr. 6, considered and passed Senate.
Dec. 14, considered and passed House.
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