[Senate Report 117-73]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 272
117th Congress         }                          {             Report
                                 SENATE
 2d Session            }                          {             117-73
_______________________________________________________________________

                                     
                                                   
                     COUNTERING HUMAN TRAFFICKING 
                              ACT OF 2021

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2991

         TO ESTABLISH A DEPARTMENT OF HOMELAND SECURITY CENTER
        FOR COUNTERING HUMAN TRAFFICKING, AND FOR OTHER PURPOSES



		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               February 14, 2022.--Ordered to be printed
        
        
        			__________
        			
        	
        	     U.S. GOVERNMENT PUBLISHING OFFICE
        	     
29-010			    WASHINGTON : 2022        	     
        	
        	
        	
        			
        
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
                   Sarah Pierce Kirk, Senior Counsel
                Pamela Thiessen, Minority Staff Director
  Andrew C. Dockham, Minority Chief Counsel and Deputy Staff Director
       Jeremy H. Hayes, Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk




                                                       Calendar No. 272
117th Congress       }                            {            Report
                                 SENATE
 2d Session          }                            {            117-73

======================================================================



 
                COUNTERING HUMAN TRAFFICKING ACT OF 2021

                                _______
                                

               February 14, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2991]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2991) to establish 
a Department of Homeland Security Center for Countering Human 
Trafficking, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. PURPOSE AND SUMMARY

    S. 2991, the Countering Human Trafficking Act of 2021, 
codifies the Center for Countering Human Trafficking (CCHT), 
the intercomponent operations center within the Department of 
Homeland Security (DHS) for countering human trafficking and 
importation of goods produced with forced labor. The bill also 
authorizes DHS to transfer the Blue Campaign and other 
functions and resources within the Department relating to 
combatting human trafficking to CCHT.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    Human trafficking is a grave crime and a human rights abuse 
that is a national and economic security threat, undermines the 
rule of law, and harms the well-being of individuals and 
communities everywhere.\1\ The State Department estimates 24.9 
million victims of human trafficking worldwide, including 
adults and children of all ages, backgrounds, and nationalities 
that are intentionally exploited through forced labor or 
commercial sex.\2\ In the United States specifically, the 
Polaris Project found that in 2019, there were over 22,326 
trafficking victims and survivors.\3\ The actual number is 
likely much larger, however, as these crimes often go 
unreported.\4\
---------------------------------------------------------------------------
    \1\See U.S. Department of State, About Human Trafficking 
(www.state.gov/humantrafficking-about-human-trafficking) (accessed Jan. 
10, 2022).
    \2\Id.
    \3\Polaris Project, 2019 U.S. National Human Trafficking Hotline 
Statistics (https://polarisproject.org/2019-us-national-human-
trafficking-hotline-statistics) (accessed Jan. 10, 2022).
    \4\National Institute of Justice, Gaps in Reporting Human 
Trafficking Incidents Result in Significant Undercounting (Aug. 4, 
2020) (https://nij.ojp.gov/topics/articles/gaps-reporting-human-
trafficking-incidents-result-significant-undercounting).
---------------------------------------------------------------------------
    The COVID-19 pandemic has further increased the number of 
people at risk of human trafficking.\5\ According to the 2021 
State Department Trafficking in Persons Report, traffickers 
took advantage of individuals and communities in crisis due to 
the pandemic.\6\ Governments were forced to divert resources 
away from anti-trafficking efforts, resulting in ``decreased 
protection measures and service provision for victims, 
reduction of preventative efforts, and hindrances to 
investigations and prosecutions of traffickers''.\7\ 
Eradicating this crime requires careful collaboration to not 
only disrupt and dismantle human trafficking organizations, but 
also provide support and protection to victims.
---------------------------------------------------------------------------
    \5\Covid-19 pandemic increased number of people at risk of human 
trafficking, CNN (July 1, 2021) (www.cnn.com/2021/07/01/politics/2021-
trafficking-in-persons-report-covid/index.html).
    \6\Department of State, Trafficking in Persons Report (June 2021) 
(www.state.gov/wp-content/uploads/2021/09/TIPR-GPA-upload-
07222021.pdf).
    \7\Id.
---------------------------------------------------------------------------
    The previous two presidential administrations have taken 
steps to improve intergovernmental collaboration on combatting 
human trafficking. Under the Obama Administration, the 
President's Interagency Task Force to Monitor and Combat 
Trafficking in Persons focused on collaboration across the 
federal government, supporting prosecutorial capacity to charge 
traffickers, and improving victim-identification and assistance 
efforts. In 2015, President Obama signed into law the Trade 
Facilitation and Trade Enforcement Act, which gives Customs and 
Border Protection broad authority to prevent entry of imported 
goods that are suspected to be made with forced labor.\8\
---------------------------------------------------------------------------
    \8\White House, Obama Administration Efforts to Combat Human 
Trafficking (Jan. 13, 2017) (https://obamawhitehouse.archives.gov/blog/
2017/01/13/obama-administration-efforts-combat-human-trafficking-0).
---------------------------------------------------------------------------
    In October 2020, DHS launched the CCHT, creating a 
centralized location for subject matter experts to coordinate 
and expand efforts to fight human trafficking.\9\ Since its 
establishment, CCHT has made significant progress, providing 
much-needed support and analysis to criminal investigators in 
the field, delivering comprehensive trainings to both domestic 
and international audiences, and focusing on promoting a 
victim-centered approach.\10\ However, CCHT is not formally 
codified as it currently exists, and therefore lacks the 
permanency and long-term funding necessary to bolster its 
efforts.
---------------------------------------------------------------------------
    \9\White House, The Trump Administration is Committed to Combating 
Human Trafficking and Protecting The Innocent (Oct. 20, 2020) (https://
trumpwhitehouse.archives.gov/briefings-statements/trump-administration-
committed-combating-human-trafficking-protecting-innocent).
    \10\ U.S. Department of Homeland Security, DHS Takes Victim-
Centered Approach on First Anniversary of Center for Countering Human 
Trafficking (Oct. 20, 2021) (www.dhs.gov/news/2021/10/20/dhs-takes-
victim-centered-approach-first-anniversary-center-countering-human).
---------------------------------------------------------------------------
    The Countering Human Trafficking Act makes CCHT permanent 
within DHS to ensure the gains seen over the last few years can 
be maintained and expanded upon. This legislation will also 
increase coordination between DHS components to combat human 
trafficking and the importation of products that are made with 
forced labor. It allows CCHT to build out permanent staff with 
special agents, criminal analysts, and other subject-matter 
experts. This legislation allows CCHT to modernize its 
information systems and operations to support worldwide 
investigations on human trafficking and forced labor in supply 
chains. The bill also transfers the Blue Campaign, a national 
public awareness effort designed to educate law enforcement and 
the public to recognize human trafficking, to CCHT.

                        III. LEGISLATIVE HISTORY

    Chairman Gary Peters (D-MI) introduced S. 2991, the 
Countering Human Trafficking Act of 2021, on October 18, 2021, 
with Senator Rob Portman (R-OH). The bill was referred to the 
Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 2991 at a business meeting on 
November 3, 2021. During the business meeting, a substitute 
amendment that transferred the Blue Campaign and other 
functions and resources within the Department relating to 
combatting human trafficking to CCHT was offered by Chairman 
Peters and Ranking Member Portman and accepted by unanimous 
consent. Senator Johnson offered an amendment to prohibit the 
cancellation of certain contracts for physical barriers or 
other border security measures, which was not adopted by roll 
call vote of 7 yeas to 7 nays. Senator Lankford also offered an 
amendment to terminate the interagency taskforce on the 
reunification of families, which was not adopted by roll call 
vote of 7 yeas to 7 nays. The bill, as amended by the Peters-
Portman Substitute Amendment, was ordered reported favorably by 
voice vote. Senators present for the vote on the bill were: 
Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Portman, 
Johnson, Lankford, Romney, Scott, and Hawley.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Sec. 1. Short title

    This section designates the short name of the bill as the 
``Countering Human Trafficking Act of 2021''.

Sec. 2. Sense of Congress

    This section establishes 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) DHS must lead by 
example by ensuring its government supply chains are not 
tainted by forced labor and leveraging its authorities against 
the importation of goods produced with forced labor; and (5) 
human trafficking training, awareness, identification, and 
screening efforts are a necessary first step and should be 
evidence-based to be most effective.

Sec. 3. Department of Homeland Security Center for Countering Human 
        Trafficking

    Subsection (a) places CCHT within Immigration and Customs 
Enforcement's Homeland Security Investigations (HSI) Office, 
makes HSI the administrator of CCHT, and requires HSI to 
maintain and update a concept of operations that outlines 
participants, funding, core functions, and personnel to 
accommodate the mission and threat. This subsection also 
establishes the minimum core personnel requirements, requiring 
DHS to ensure that CCHT is staffed with at least 45 employees 
across different areas of responsibility and expertise.
    Subsection (b) creates an Operations Unit within CCHT that 
will support criminal investigations of human trafficking, 
augment the enforcement of the prohibition on the importation 
of goods produced with forced labor, coordinate a DHS-wide 
effort to conduct procurement audits and enforcement actions to 
mitigate the risk of human trafficking through DHS acquisitions 
and contracts, and support all CCHT enforcement efforts with 
intelligence.
    Subsection (c) creates a Protection and Awareness Programs 
Unit within CCHT that will do the following: incorporate a 
victim-centered approach throughout DHS policies, training, and 
practices; operate a comprehensive Continued Presence program 
to process applications for temporary immigration protection 
for potential witnesses; conduct and assist with DHS human 
trafficking training, screening, and identification efforts; 
operate the Blue Campaign's nationwide public awareness effort, 
among other efforts; and coordinate external engagement on 
human trafficking with critical partners.

Sec. 4. Specialized Initiatives

    This section creates the DHS Human Trafficking Information 
Modernization Initiative, a specialized initiative within CCHT. 
Under this initiative, CCHT, with the assistance of the DHS 
Science and Technology Directorate's Office of Science and 
Engineering Social Science and the Digital Forensics Technology 
Centers, will develop a strategy and proposal to modify systems 
and processes and apply analytics throughout DHS that are 
related to the CCHT mission. CCHT will then submit the 
completed strategy and proposal to Congress.

Sec. 5. Reports

    This section directs DHS components to share information 
with CCHT for a more robust understanding of human trafficking. 
This section also directs CCHT to report to Congress on any 
legislative gaps within one year from enactment.

Sec. 6. Transfer of Other Functions Related to Human Trafficking

    This section transfers the DHS Blue Campaign from the 
Office of Partnership and Engagement to CCHT and authorizes the 
DHS Secretary to transfer other functions and resources related 
to combatting human trafficking to CCHT, so long as the 
Secretary first notifies the appropriate committees.

Sec. 7. Authorization of Appropriations

    This section authorizes $14,000,000 to be appropriated to 
the DHS Secretary to carry out the Act.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 19, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2991, the Countering 
Human Trafficking Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lindsay 
Wylie.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    
    	    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 2991 would codify and expand the Department of Homeland 
Security's (DHS) Center for Countering Human Trafficking (CCHT) 
within Immigration and Customs Enforcement (ICE). CCHT is 
responsible for coordinating DHS efforts to combat human 
trafficking through law enforcement efforts and victim 
assistance programs. The bill would require DHS to ensure CCHT 
is staffed with at least 45 employees in various positions, 
subject to the availability of appropriated funds.
    S. 2991 also would require that the director of CCHT 
develop a strategy to improve the effectiveness of its programs 
and to report to the Congress within one year of enactment 
about legislation that would be needed to facilitate an end to 
human trafficking. Finally, the bill would allow DHS to 
transfer any other department resources dedicated to combatting 
human trafficking to CCHT.
    S. 2991 would authorize $14 million to carry out the bill's 
requirements. CCHT currently has 21 full-time employees funded 
by ICE. Furthermore, DHS has seven additional employees 
dedicated to combatting human trafficking, for a total of 28 
full-time department employees that would be allocated to the 
expanded CCHT under the bill. Using information from ICE about 
the cost of similar programs, and assuming S. 2991 is enacted 
in mid-fiscal year 2022, CBO estimates it would cost 
approximately $1 million in 2022 and between $4 million and $5 
million each year thereafter above current funding amounts for 
DHS activities to counter human trafficking to hire the 
remaining 17 employees and implement the other requirements of 
the bill. In total, CBO estimates the agency would require $18 
million over the 2022-2026 period to implement S. 2991, or $4 
million more than the authorized amount. Such spending would be 
subject to the availability of appropriated funds.
    To develop the strategy under S. 2991, the bill would 
require each subagency of DHS to share information and data 
with CCHT. U.S. Citizenship and Immigration Services (USCIS), a 
subagency of DHS, is allowed to use fees to cover its operating 
costs that can be spent without further appropriations action, 
which is classified as direct spending. CBO estimates that any 
net changes in direct spending by USCIS would be negligible 
because the agency could adjust amounts collected to reflect 
changes in operating costs.
    The CBO staff contact for this estimate is Lindsay Wylie. 
The estimate was reviewed by Leo Lex, Deputy Director of Budget 
Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]