Countering Human Trafficking Act of 2021
PL 117-322 (S.2991), enacted 12/27/2022

[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--

[[Page 136 STAT. 4434]]

                    (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--

[[Page 136 STAT. 4435]]

            (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

[[Page 136 STAT. 4436]]

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:
---------------------------------------------------------------------------

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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