[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[House]
[Pages H9823-H9826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COUNTERING HUMAN TRAFFICKING ACT OF 2021
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 2991) to establish a Department of Homeland Security Center
for Countering Human Trafficking, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2991
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 ``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;
(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.
[[Page H9824]]
(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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentlewoman from Indiana (Mrs. Spartz) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on S. 2991.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 2991, which would codify the
Center for Countering Human Trafficking within the Immigration and
Customs Enforcement agency of the Department of Homeland Security;
require the center to develop a strategy to improve the effectiveness
of its programs; and transfer the Department's national trafficking
awareness Blue Campaign to the center.
Human trafficking is a multibillion-dollar criminal industry that
exists in cities, suburbs, and rural towns and denies freedom to nearly
25 million people around the world.
Although some populations are more vulnerable than others,
trafficking is a constant threat to the health and safety of victims of
all ages, genders, nationalities, and backgrounds, while posing a grave
danger to public health and safety, as well as national and global
security.
In 2020, the National Human Trafficking Hotline identified more than
16,000 victims of human trafficking, who likely represent only a
fraction of the total number of victims.
In that same year, the Department of Homeland Security launched the
Center for Countering Human Trafficking, or the CCHT, a centralized
location for subject matter experts to coordinate and expand efforts to
combat human trafficking. The CCHT integrates the efforts of 16 DHS
offices and agencies that combat human sex trafficking and forced
labor, which encompasses criminal investigations, victim assistance,
identifying and reporting human trafficking, and external outreach,
intelligence, and training.
Since its establishment, the CCHT has made great strides, providing
critical support and analysis to criminal investigators in the field;
delivering comprehensive training to domestic and international
audiences; and focusing on promoting an integrated, victim-centered
approach to the investigation of human trafficking.
However, because the center is not formally codified, it lacks
permanence and long-term funding necessary to further strengthen its
efforts.
S. 2991 would make the CCHT permanent within ICE, ensuring that the
progress made in recent years can be maintained and improved upon,
while also increasing coordination among other components within DHS to
fight human trafficking and prevent the importation of products made
using forced labor.
This legislation would allow the CCHT to fortify its permanent
staffing with at least 45 employees that are special agents, criminal
analysts, victim-support specialists, and other subject-matter experts
dedicated to disrupting and dismantling human trafficking organizations
and providing support and protection to their victims.
To promote modernization of the CCHT's information systems and
operations, which support global investigations of human trafficking
and forced labor in supply chains, S. 2991 would require the
development of a strategy and proposal to modify systems and processes
related to its mission.
Lastly, this bill would transfer to the CCHT the Blue Campaign, the
national public awareness campaign designed to educate the public, law
enforcement, and industry partners to recognize and respond to human
trafficking, and authorize DHS to transfer any additional functions to
the CCHT that combat human trafficking and the production of goods
using forced labor.
Because we know that traffickers are constantly looking for new ways
to exploit new victims, we must do more to fight this grave crime. That
includes being responsive to change and making necessary improvements
to the agencies, offices, and components put in place to investigate,
disrupt, and dismantle trafficking organizations and to give aid and
support to victims.
This bipartisan legislation would allow the Center for Countering
Human Trafficking to continue guiding counter-human trafficking
operations, protecting victims, and enhancing prevention efforts to
combat human trafficking around the world.
I thank Senator Gary Peters for introducing this important
legislation, as well as Representative John Katko, and the bipartisan
coalition of colleagues who have worked on the House companion.
Mr. Speaker, I urge all of my colleagues to support the bill, and I
reserve the balance of my time.
House of Representatives,
Committee on Homeland Security,
Washington, DC, December 9, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: I am writing to you concerning S.
2991, the ``Countering Human Trafficking Act of 2021.'' There
are certain provisions in the legislation that fall within
the rule X jurisdiction of the Committee on Homeland
Security.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's formal consideration
of the provisions that fall within its jurisdiction. I do so
with the understanding that, by waiving consideration of the
bill, the Committee on Homeland Security does not waive any
future jurisdictional claim over the subject matters
contained in the bill which fall within its rule X
jurisdiction.
Please place this letter in the Congressional Record during
consideration of S. 2991
[[Page H9825]]
on the House floor. Thank you for the cooperative spirit in
which you have worked regarding this matter and others
between our respective committees.
Sincerely,
Bennie G. Thompson,
Chairman, Committee on Homeland Security.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, December 9, 2022.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Chairman Thompson: I am writing to you concerning S.
2991, the ``Countering Human Trafficking Act of 2021.''
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on
Homeland Security. I acknowledge that your Committee will not
formally consider S. 2991 and agree that the inaction of your
Committee with respect to the bill does not waive any future
jurisdictional claim over the matters contained in S. 2991
which fall within your Committee's Rule X jurisdiction.
I will ensure that our exchange of letters is included in
the Congressional Record during floor consideration of the
bill. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with you
as this measure moves through the legislative process.
Sincerely,
Jerry Nadler,
Chairman.
Mrs. SPARTZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in October 2020, the Trump administration created the
Center for Countering Human Trafficking, or CCHT, to consolidate all
human trafficking-related DHS components into one law enforcement
operations center. This bill would codify this operations center within
DHS. Additionally, it would transfer the resources of the Blue Campaign
to the CCHT.
{time} 1815
The Blue Campaign is a national public awareness campaign to educate
the public, law enforcement, and others about the indicators of human
trafficking and how to respond to potential cases.
Unfortunately, the Committee on the Judiciary has held no meetings on
the CCHT or any of the various programs it operates. We should be
evaluating the requirements and consequences of any piece of
legislation in the committee of jurisdiction before it is brought to
the floor. This is common sense.
Members should have an opportunity to ask important questions and
offer amendments to the bill before it is brought to the floor for a
vote. Unfortunately, that didn't happen here.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 4 minutes to the gentlewoman from
Texas (Ms. Jackson Lee), a member of the Committee on the Judiciary.
Ms. JACKSON LEE. Mr. Speaker, I thank the chairman from the Committee
on the Judiciary, the gentleman from New York, and the manager who is
joining us on these bipartisan bills, which many of them had their
origins in the House. I am delighted that the Senate was able to join
us. These bills come under the Senate name because of the fact that we
are working with the Senate on many of these similar bills in order to
have them become law, because they are important.
I rise now to support S. 2991, the Countering Human Trafficking Act.
I thank the Senator from Michigan who offered this legislation, and it
deals with making the Center for Countering Human Trafficking permanent
and requires other changes to strengthen the center's contribution for
the fight against human trafficking.
Let me be very clear on the floor. Human trafficking is an epidemic.
It is a pandemic. It is a scourge on the fabric of America. Human
trafficking is one of the greatest threats to human rights in the
United States. In 2020, 11,190 instances of potential human trafficking
were reported to the United States National Human Trafficking Hotline,
with at least 70 percent of these instances involving sex trafficking.
The one thing about sex trafficking, it is more profitable than
drugs, because you utilize, unfortunately, the tragic human being who
has been made part of the bounty of your profit and recycle them over
and over again, and they are young girls and boys in many instances.
I will continue to advance and support legislation, like the bill
before us today, as well as programming aimed at preventing human
trafficking, protecting victims and survivors, as an estimated 25
percent of human trafficking victims are reportedly in my home State of
Texas at any given time, many of whom are minors.
In our State of Texas, we have developed strong advocacy groups that
fight against human trafficking and even have done something
innovative, which means that we have called our sports arenas No
Trafficking Zones.
So I rise to support this legislation with over 5,359 trafficking
victims and survivors identified through the hotline in 2019.
I introduced H.R. 7566, the Stop Human Trafficking in School Zones
Act, now known as the No Trafficking Zones Act. I pronounce today on
the floor, this bill must pass. We must have the Senate agree to this
bill so this can be a complement to the bill that we now have on the
floor. We have done hard work. We have worked with the Senate. We want
to make sure we get this bill passed.
I rise also to support the bill previously discussed, the VAWA
Technical Amendment Act of 2022. I thank Senator Hirono for this
courageous legislation to protect Native Hawaiian victims and survivors
of domestic violence, dating violence, sex violence, and others, to
have access to the vital services of VAWA, which I think are extremely
important.
I also rise to support S. 5230, Billy's Law, or the Help Find the
Missing Act. This is important. I have worked with missing and
exploited children. This bipartisan legislation would fix the gaps in
our Nation's databases of missing persons and unidentified remains,
providing much-needed closure to the thousands of families who have
endured the trauma of losing someone they love.
Each year, more than 600,000 Americans are reported missing. While
many are ultimately found, at least 22,000 are currently missing.
I know that for a fact, Mr. Speaker, because I have dealt over the
last month with a family whose loved one was missing, it was very
painful, until tragically this person was found, and they were not
found alive. But the pain of missing the person and not getting any
response, this should be very helpful in at least giving comfort to
families who are desperately in need of finding their loved one.
So as we go forward on this legislation, I hope to continue the work
that we need to do with the Senate to move forward.
My final support is for S. 2899, the Prison Camera Reform Act of
2021. It is bipartisan legislation that would require the Bureau of
Prisons to reevaluate the security camera, land-mobile radio, and
public address systems in use at BOP institutions and submit to
Congress a report. This is very important for civil liberty, civil
rights, and prison employees.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, the well-being of these prisoners is
critical, along with protecting the safety, well-being, and civil
rights of incarcerated people and prison employees, including
correctional officers, medical personnel, and other staff.
Let me just simply say, as I close, on the Bureau of Prisons, there
is more work to be done. They have to do work on how they are treating
women. There was a recent hearing that shows that women have been
abused, sexually abused, in prisons, besides addressing other terrible
issues, and that includes both prisoners and employees.
In addition, the Bureau of Prisons has been known to not utilize the
compassionate release. In fact, their percentages are disgraceful. Most
of the prisoners have had to go outside with a lawyer. This is a law.
They should use it.
I hope that as we look at improving the cameras that will provide due
process to these prisoners who are incarcerated, who are doing their
time, they will also have a bureau that is responsible and sensitive to
their responsibilities of incarceration but also fairness and due
process.
I thank my colleague for yielding, and I ask for support for all of
the legislation that I just commented on, particularly the underlying
legislation.
[[Page H9826]]
Mr. Speaker, I rise in support of S. 2991, the ``Countering Human
Trafficking Act of 2021,'' which would make the Center for Countering
Human Trafficking permanent and require other changes to strengthen the
Center's contributions to the fight against human trafficking.
Human trafficking is one of the greatest threats to human rights in
the United States. In 2020, 11,193 instances of potential human
trafficking were reported to the United States National Human
Trafficking Hotline with at least 70 percent of those instances
involving sex trafficking.
I will continue to advance and support legislation, like the bill
before us today, as well as programming aimed at preventing human
trafficking and protecting victims and survivors--as an estimated 25
percent of human trafficking victims are reportedly in my home state of
Texas at any given time--many of whom are minors.
At least 5,359 of trafficking victims and survivors identified
through the hotline in 2019 were under the age of 18, and in 2021, the
National Center for Missing and Exploited Children received more than
17,200 reports of suspected child sex trafficking.
That is why I introduced the H.R. 7566 Stop Human Trafficking in
School Zones Act, also known as the No Trafficking Zones Act, to ensure
that our nation's schools are a safe haven for students. I hope the
Senate will take up and pass my bill so that we may get it to the
president's desk before this Congress ends.
While traffickers seek out vulnerable minors and adults--no person is
truly safe from the schemes of charismatic traffickers bent on
exploiting and destroying lives.
Sadly, these statistics were only made worse by the COVID-19
pandemic--during which traffickers took advantage of individuals and
communities in crisis--further increasing the number of people at risk
of falling victim to human trafficking.
It is for all of these reasons that we must help maintain the
momentum gained by the Center for Countering Human Trafficking in
recent years.
The Center is responsible for integrating the efforts of 16 different
offices and components of the Department of Homeland Security into a
cohesive strategy that supports law enforcement investigations and
training, shields and supports victims, develops and enhances
prevention strategies, and engages with the public.
S. 2991 is a straightforward, bipartisan bill that would make the
Center permanent while promoting stability and modernization and
encouraging continued collaboration, growth, and innovation.
I thank Senator Gary Peters and John Katko for their leadership on
this bill and I urge my colleagues on both sides of the aisle to
support it.
Mrs. SPARTZ. Mr. Speaker, I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, S. 2991 would not only provide permanency,
increased coordination, and modernization to the Center for Countering
Human Trafficking and the Department of Homeland Security, this bill
would also promote growth within the center and bolster victim-centered
counter human trafficking efforts.
Mr. Speaker, I urge my colleagues to support it, and I yield back the
balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, every year, there are
thousands of people who are victims of human trafficking in America.
Over the past two decades, the number of trafficking victims has
steadily and disturbingly increased.
Human traffickers subject their victims to forced labor, debt
bondage, or sexual exploitation by using violence, manipulation, or
false promises.
This criminal activity are not just human rights abuses; they
compromise national and economic security and harm the well-being of
communities everywhere.
The Department of Homeland Security (DHS) leads the Federal
Government's efforts to identify, disrupt, and dismantle complex
domestic and cross-border human trafficking organizations.
Given that multiple DHS components are involved in this effort, it is
important that there be standing and robust coordination mechanisms to
ensure the Department is working to combat this threat effectively and
efficiently.
That is why I support passage of the ``Countering Human Trafficking
Act of 2021,'' the Senate version of legislation introduced by my
friend and the ranking member of the Committee on Homeland Security,
Representative John Katko, and which I am a proud original cosponsor.
This legislation codifies DHS's Center for Countering Human
Trafficking, a cross-component operations center that brings together
16 DHS agencies and offices to ensure they are working collaboratively.
As Chairman of the Committee on Homeland Security, I have long
supported legislative efforts to improve the capabilities of U.S. law
enforcement to disrupt and dismantle these dangerous human trafficking
organizations.
Furthermore, Ranking Member Katko and I led an effort last year to
include important anti-human trafficking legislation in the ``National
Defense Authorization Act for Fiscal Year 2022.''
Known as the ``DHS Blue Campaign Enhancement Act,'' this legislation
improved DHS's communication and education materials on human
trafficking awareness and prevention.
I am confident that S. 2991 will build upon the success of the Blue
Campaign.
Mr. Speaker, I encourage my colleagues to come together to stand
against the exploitation of the most vulnerable among us and join me in
supporting S. 2991.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, S. 2991.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________