Countering Human Trafficking Act of 2021
Floor Speech
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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.
(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.
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Mr. NADLER. 2991.
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 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.
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Mr. NADLER. 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.
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.
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.
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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.
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