6 U.S.C. § 242b — Reports

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. Page 134 TITLE 6—DOMESTIC SECURITY § 243 (Pub. L. 117–322, § 5, Dec. 27, 2022, 136 Stat. 4435.) Editorial Notes REFERENCES IN TEXT CCHT, referred to in text, means the Center for Coun- tering Human Trafficking, see section 242a(a)(1) of this title. Section 4(a), referred to in subsec. (a)(1), means sec- tion 4(a) of Pub. L. 117–322, Dec. 27, 2022, 136 Stat. 4435, which is not classified to the Code. 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. § 243. Maritime operations coordination plan (a) In general Not later than 180 days after October 5, 2018, and biennially thereafter, the Secretary shall— (1) update the Maritime Operations Coordi- nation Plan, published by the Department on July 7, 2011, to strengthen coordination, plan- ning, information sharing, and intelligence in- tegration for maritime operations of compo- nents and offices of the Department with re- sponsibility for maritime security missions; and (2) submit each update to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastruc- ture and the Committee on Homeland Secu- rity of the House of Representatives. (b) Contents Each update shall address the following: (1) Coordinating the planning, integration of maritime operations, and development of joint maritime domain awareness efforts of any component or office of the Department with responsibility for maritime security missions. (2) Maintaining effective information shar- ing and, as appropriate, intelligence integra- tion, with Federal, State, and local officials and the private sector, regarding threats to maritime security. (3) Cooperating and coordinating with Fed- eral departments and agencies, and State and local agencies, in the maritime environment, in support of maritime security missions. (4) Highlighting the work completed within the context of other national and Department maritime security strategic guidance and how that work fits with the Maritime Operations Coordination Plan. (Pub. L. 107–296, title IV, § 435, as added Pub. L. 115–254, div. J, § 1807(a), Oct. 5, 2018, 132 Stat. 3536.) § 244. Maritime security capabilities assessments Not later than 180 days after October 5, 2018, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Trans- portation and Infrastructure and the Committee on Homeland Security of the House of Rep- resentatives, an assessment of the number and type of maritime assets and the number of per- sonnel required to increase the Department’s maritime response rate pursuant to section 223 of this title. (Pub. L. 107–296, title IV, § 436, as added Pub. L. 115–254, div. J, § 1811(a), Oct. 5, 2018, 132 Stat. 3538.) § 245. Operational data sharing capability (a) In general Not later than 18 months after December 23, 2022, the Secretary shall, consistent with the on- going Integrated Multi-Domain Enterprise joint effort by the Department of Homeland Security and the Department of Defense, establish a se- cure, centralized capability to allow real-time, or near real-time, data and information sharing between Customs and Border Protection and the Coast Guard for purposes of maritime boundary domain awareness and enforcement activities along the maritime boundaries of the United States, including the maritime boundaries in the northern and southern continental United States and Alaska. (b) Priority In establishing the capability under sub- section (a), the Secretary shall prioritize en- forcement areas experiencing the highest levels of enforcement activity. (c) Requirements The capability established under subsection (a) shall be sufficient for the secure sharing of data, information, and surveillance necessary for operational missions, including data from governmental assets, irrespective of whether an asset located in or around mission operation areas belongs to the Coast Guard, Customs and Border Protection, or any other partner agency. (d) Elements The Commissioner of Customs and Border Pro- tection and the Commandant shall jointly— (1) assess and delineate the types of data and quality of data sharing needed to meet the re- spective operational missions of Customs and Border Protection and the Coast Guard, in- cluding video surveillance, seismic sensors, in- frared detection, space-based remote sensing, and any other data or information necessary; (2) develop appropriate requirements and processes for the credentialing of personnel of Customs and Border Protection and personnel of the Coast Guard to access and use the capa- bility established under subsection (a); and (3) establish a cost-sharing agreement for the long-term operation and maintenance of the capability and the assets that provide data to the capability. (e) Report Not later than 2 years after December 23, 2022, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Govern- mental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a report on the establish- ment of the capability under this section.