[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[Senate]
[Pages S2054-S2056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                COUNTERING HUMAN TRAFFICKING ACT OF 2021

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 272, S. 2991.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2991) to establish a Department of Homeland 
     Security Center for Countering Human Trafficking, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Countering Human Trafficking 
     Act of 2021''.

     SEC. 2. 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. 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.

[[Page S2055]]

       (3) Administration.--Homeland Security Investigations 
     shall--
       (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) 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) 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--
       (1) incorporate a victim-centered approach throughout 
     Department of Homeland Security policies, training, and 
     practices;
       (2) operate a comprehensive Continued Presence program;
       (3) 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) 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) 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. 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.

     SEC. 6. 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) 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.

  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Peters substitute 
amendment, which is at the desk, be agreed to; that the bill, as 
amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 5019) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Countering Human Trafficking 
     Act of 2021''.

     SEC. 2. 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. 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--
       (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) 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;

[[Page S2056]]

       (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) 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--
       (1) incorporate a victim-centered approach throughout 
     Department of Homeland Security policies, training, and 
     practices;
       (2) operate a comprehensive Continued Presence program;
       (3) 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) 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) 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. 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 this 
     Act, and annually thereafter, the Secretary of Homeland 
     Security shall submit a report to Congress that includes--
       (1) 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) 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. 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) 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.

  The bill (S. 2991), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________