6 U.S.C. § 242a

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

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 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.

6 U.S.C. § 242a

Pub. L. 117-322, §3, Dec. 27, 2022, 136 Stat. 4433.

EDITORIAL NOTES

REFERENCES IN TEXTThis Act, referred to in subsec. (a)(1), is Pub. L. 117-322, 136 Stat. 4433, known as the Countering 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.

CODIFICATIONSection was enacted as part of the Countering Human Trafficking Act of 2021, and not as part of the Homeland 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 Secretary of Homeland Security shall establish a team of not less than 10 agents within the Center for Countering Human Trafficking of the Department of Homeland 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 remain available until expended."

SENSE OF CONGRESS Pub. L. 117-322, §2, Dec. 27, 2022, 136 Stat. 4433, provided 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, 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."

Department: The term "Department" means the Department of Homeland Security.
Secretary: The term "Secretary" means the Secretary of Homeland Security.
functions: The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
personnel: The term "personnel" means officers and employees.