6 U.S.C. § 242a — Department of Homeland Security Center

Page 132 TITLE 6—DOMESTIC SECURITY § 242a recognize signs of human trafficking and the development of materials for such persons. (h) Consultation With regard to the development of programs under the Blue Campaign and the implementa- tion of such programs, the Director is author- ized to consult with State, local, Tribal, and ter- ritorial agencies, non-governmental organiza- tions, private sector organizations, and experts. (Pub. L. 107–296, title IV, § 434, as added Pub. L. 115–125, § 2(a), Feb. 14, 2018, 132 Stat. 315; amend- ed Pub. L. 117–81, div. F, title LXIV, § 6407, Dec. 27, 2021, 135 Stat. 2403.) Editorial Notes REFERENCES IN TEXT Paragraphs (9) and (10) of section 7102 of title 22, re- ferred to in subsec. (a), were redesignated pars. (11) and (12), respectively, of section 7102 of title 22 by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. AMENDMENTS 2021—Subsec. (e)(6). Pub. L. 117–81, § 6407(1), sub- stituted ‘‘developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursu- ant to subsection (g), resources’’ for ‘‘utilizing re- sources,’’ in introductory provisions. Subsecs. (f) to (h). Pub. L. 117–81, § 6407(2), added sub- secs. (f) to (h). Statutory Notes and Related Subsidiaries TRANSFER OF OTHER FUNCTIONS RELATED TO HUMAN TRAFFICKING Pub. L. 117–322, § 6, Dec. 27, 2022, 136 Stat. 4436, pro- vided that: ‘‘(a) BLUE CAMPAIGN.—The functions and resources of the Blue Campaign located within the Office of Part- nership and Engagement on the day before the date of the enactment of this Act [Dec. 27, 2022] are hereby transferred to CCHT [Center for Countering Human Trafficking]. ‘‘(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 of- fice 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 Govern- mental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of such planned transfer.’’ INFORMATION TECHNOLOGY SYSTEMS Pub. L. 115–125, § 3, Feb. 14, 2018, 132 Stat. 316, provided that: ‘‘Not later than one year after the date of the en- actment of this Act [Feb. 14, 2018], the Secretary of Homeland Security shall ensure, in accordance with the Department of Homeland Security-wide guidance required under section 434(d) of the Homeland Security Act of 2002 [6 U.S.C. 242(d)], as added by section 2 of this Act, the integration of information technology systems utilized within the Department to record and track in- formation regarding individuals suspected or convicted of human trafficking (as such term is defined in such section).’’ § 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 Investiga- tions, the Center for Countering Human Traf- ficking (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 Se- curity’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 traf- ficking. (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, in- cluding— (i) employees who are responsible for the Continued Presence Program and other victim protection duties; (ii) employees who are responsible for training, including curriculum develop- ment, and public awareness and education; (iii) employees who are responsible for stakeholder engagement, Federal inter- agency coordination, multilateral partner- ships, and policy; (iv) employees who are responsible for public relations, human resources, evalua- tion, data analysis and reporting, and in- formation technology; (v) special agents and criminal analysts necessary to accomplish its mission of combating human trafficking and the im- portation 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)— Page 133 TITLE 6—DOMESTIC SECURITY § 242b 1 See References in Text note below. (A) by developing, tracking, and coordi- nating leads; and (B) by providing subject matter expertise; (2) augment the enforcement of the prohibi- tion 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 traf- ficking throughout Department acquisitions and contracts; and (4) support all CCHT enforcement efforts with intelligence by conducting lead develop- ment, 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 Pres- ence program; (3) conduct, review, and assist with Depart- ment 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 aware- ness efforts needed to encourage victim identi- fication and reporting to law enforcement and to prevent human trafficking; and (5) coordinate external engagement, includ- ing training and events, regarding human traf- ficking with critical partners, including sur- vivors, nongovernmental organizations, cor- porations, multilateral entities, law enforce- ment agencies, and other interested parties. (Pub. L. 117–322, § 3, Dec. 27, 2022, 136 Stat. 4433.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), is Pub. L. 117–322, Dec. 27, 2022, 136 Stat. 4433, known as the Coun- tering Human Trafficking Act of 2021, which enacted this section and section 242b of this title and provisions set out as notes under this section and section 242 of this title. For complete classification of this Act to the Code, see section 1 of Pub. L. 117–322, set out as a Short Title of 2022 Amendment note under section 101 of this title and Tables. CODIFICATION Section was enacted as part of the Countering Human Trafficking Act of 2021, and not as part of the Home- land Security Act of 2002 which comprises this chapter. Statutory Notes and Related Subsidiaries FORCED LABOR REQUIREMENTS: DEPARTMENT OF HOMELAND SECURITY Pub. L. 117–347, title IV, § 406(b), Jan. 5, 2023, 136 Stat. 6209, provided that: ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Jan. 5, 2023], the Sec- retary of Homeland Security shall establish a team of not less than 10 agents within the Center for Coun- tering Human Trafficking of the Department of Home- land Security to be assigned to exclusively investigate labor trafficking. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to re- main available until expended.’’ SENSE OF CONGRESS Pub. L. 117–322, § 2, Dec. 27, 2022, 136 Stat. 4433, pro- vided that: ‘‘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, identi- fication, and screening efforts— ‘‘(A) are a necessary first step for prevention, pro- tection, and enforcement; and ‘‘(B) should be evidence-based to be most effec- tive.’’ § 242b. Reports (a) Information sharing to facilitate reports and analysis Each subagency of the Department of Home- land Security shall share with CCHT— (1) any information needed by CCHT to de- velop the strategy and proposal required under section 4(a);1 and (2) any additional data analysis to help CCHT better understand the issues sur- rounding human trafficking. (b) Report to Congress Not later than 1 year after December 27, 2022, the CCHT Director shall submit a report to Con- gress that identifies any legislation that is need- ed to facilitate the Department of Homeland Se- curity’s mission to end human trafficking. (c) Annual report on potential human trafficking victims Not later than 1 year after December 27, 2022, and annually thereafter, the Secretary of Home- land Security shall submit a report to Congress that includes— (1) the numbers of screened and identified potential victims of trafficking (as defined in section 7102(17) of title 22) at or near the inter- national 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 Home- land 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.