[Senate Report 115-157]
[From the U.S. Government Publishing Office]
Calendar No. 221
115th Congress} { Report
SENATE
1st Session } { 115-157
_______________________________________________________________________
DEPARTMENT OF HOMELAND SECURITY
BLUE CAMPAIGN AUTHORIZATION ACT OF 2017
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 1103
TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO REQUIRE
THE SECRETARY OF HOMELAND SECURITY TO ISSUE
DEPARTMENT-WIDE GUIDANCE AND TO DEVELOP TRAINING
PROGRAMS AS PART OF THE DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN,
AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 14, 2017.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2017
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Rebecca N. Nuzzi, Professional Staff Member
Margaret E. Daum, Minority Staff Director
Stacia M. Cardille, Minority Chief Counsel
Charles A. Moskowitz, Minority Senior Legislative Counsel
Sue Ramanathan, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 221
115th Congress} { Report
SENATE
1st Session } { 115-157
======================================================================
DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN AUTHORIZATION ACT OF 2017
_______
September 14, 2017.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1103]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1103) to amend the
Homeland Security Act of 2002 to require the Secretary of
Homeland Security to issue Department-wide guidance and to
develop training programs as part of the Department of Homeland
Security Blue Campaign, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................6
IV. Section-by-Section Analysis......................................6
V. Evaluation of Regulatory Impact..................................7
VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............7
I. Purpose and Summary
The purpose of S. 1103, the Department of Homeland Security
Blue Campaign Authorization Act of 2017, is to codify the
existing Blue Campaign within the Department of Homeland
Security (``DHS'' or ``the Department''). The bill requires the
Secretary of Homeland Security to issue Department-wide
guidance and to develop training programs as a part of the
program.
Since its creation in 2010, the Blue Campaign has operated
on a continuing appropriation and lacked permanent leadership
to oversee and coordinate related activities across DHS
agencies involved in the program. S. 1103 requires the
Secretary to appoint a director and establish formal
Department-wide guidance and training programs.
II. Background and the Need for Legislation
Background
Human trafficking, or trafficking in persons, is one of the
most pervasive and lucrative crimes in the world.\1\ Each year,
human traffickers exploit tens of millions of men, women, and
children.\2\ Such modern day slavery has been estimated to
generate more than $150 billion annually.\3\
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\1\What Is Human Trafficking?, Dep't of Homeland Sec., https://
www.dhs.gov/blue-campaign/what-human-trafficking (last visited July 24,
2017). Trafficking in persons is defined by the United Nations as ``the
recruitment, transportation, transfer, harbouring or receipt of
persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power
or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation.'' U.N. Off. on
Drugs & Crime, United Nations Convention Against Transnational
Organized Crime and the Protocols Thereto, 42 (2004), available at
https://www.unodc.org/documents/treaties/UNTOC/Publications/
TOC%20Convention/TOCebook-e.pdf.
\2\The International Labour Organization (ILO) estimated in 2012
that around 20.9 million people live as forced laborers. See
International Labour Office, ILO Global Estimate of Forced Labour:
Results and Methodology, 13 (2012), available at http://www.ilo.org/
global/topics/forced-labour/publications/WCMS_182004/lang--en/
index.htm.
\3\International Labour Office, Profits and Poverty: The Economics
of Forced Labour, 13 (2014), available at http://www.ilo.org/wcmsp5/
groups/public/---ed_norm/---declaration/documents/publication/
wcms_243391.pdf.
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Although increased national and international attention has
resulted in a larger number of reports of suspected human
trafficking, the number of reported incidences vastly
underplays the scale of the industry.\4\ According to the State
Department's 2017 Trafficking in Persons (TIP) report, fewer
than 10,000 human traffickers were convicted worldwide in 2016,
while the estimated number of victims remains in the tens of
millions.\5\
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\4\See Elzbieta Gozdziak, Data Matters: Issues and Challenges for
Research on Trafficking, in Global Human Trafficking, Critical Issues
and Contexts (Molly Dragiewicz ed., 2015).
\5\Dep't. of State, Trafficking in Persons Report, 6 (June 2017),
available at https://www.state.gov/documents/organization/271339.pdf.
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Victims are unlikely to self-report, due to fears that the
victims might themselves become targets for prosecution by
authorities, or fears of reprisal and intimidation from their
traffickers.\6\ In addition, the public remains largely unaware
of the existence, let alone the prevalence, of the problem.\7\
This has created an environment in which traffickers are able
to operate under a presumption of impunity in virtually every
country in the world, including the United States.\8\
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\6\International Organization for Migration, Data and Research on
Human Trafficking: A Global Survey, 12, 43 in International Migration
(Frank Laczko and Elzbieta Godzdziak eds., Vol. 43 [1/2] 2005),
available at http://publications.iom.int/system/files/pdf/
global_survey.pdf.
\7\Dep't. of Justice, Dep't. of Health & Human Serv's., Dep't. of
Homeland Sec., Federal Strategic Action Plan on Services for Victims of
Human Trafficking in the United States 2013-2017, 25 (2014), available
at https://www.ovc.gov/pubs/FederalHumanTraffickingStrategicPlan.pdf.
\8\U.N. Off. on Drugs and Crime, Global Report on Trafficking in
Persons, 51 (2016), available at http://www.unodc.org/documents/data-
and-analysis/glotip/2016_Global_Report_on_Trafficking_ in_Persons.pdf.
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Trafficking in the United States
In 2000, Congress passed the Trafficking Victims Protection
Act (TVPA).\9\ The TVPA defined human trafficking as ``the
illicit enslavement of individuals into labor or commercial sex
through means of force, fraud, or coercion.''\10\ The State
Department has characterized the United States as a source,
transit, and destination country for trafficking victims.\11\
With no formal estimate of the total number of victims in the
United States, it is difficult to define the scope of domestic
human trafficking. However, DHS and its partners have
identified cases of trafficking in all 50 states, where
victims, including citizens and non-citizens, are defrauded,
threatened, and coerced into forced labor or commercial sex on
a daily basis.\12\ Victims can be found working in both
legitimate and illegitimate fields of employment including the
hospitality, agriculture, construction, and restaurant
industries, as well as in sweatshops, massage parlors, and in
domestic service.\13\
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\9\Victims of Trafficking and Violence Prevention Act of 2000, Pub.
L. No. 106-386 (2000); Trafficking Victims Protection Act of 2000, 22
U.S.C. Sec. Sec. 7101-7112 (2000).
\10\TVPA was reauthorized in 2006, 2008, and in 2013. See Pub. L.
No. 108-64 (2006); Pub. L. No. 110-457 (2008); as an amendment of the
Violence Against Women Act, Pub. L. No. 113-4 Title XII (2013).
\11\Department of State, supra note 5, at 420.
\12\Department of Justice, Department of Health and Human Services,
Homeland Security, supra note 5, at 5.
\13\Id.
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In the past, the Department of Justice (DOJ) has estimated
that as many as 600,000 to 800,000 victims are trafficked
across international borders annually.\14\ The majority of
victims are women and young girls, most of whom are exploited
as sex workers.\15\ Although the exact numbers are uncertain,
DOJ estimated that anywhere from 14,500 to 17,500 victims are
trafficked into the United States;\16\ however, unlike other
Western democracies, where the majority of sex trafficking
victims are foreign, most sex trafficking victims in the United
States are U.S.-born minors.\17\ A 2016 DOJ-funded study
estimated the total number of juveniles in the sex trade in the
United States to be between 9,000 and 10,000.\18\
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\14\Dep't. of Justice, Attorney General's Annual Report to Congress
on U.S. Government Activities to Combat Trafficking in Persons: Fiscal
Year 2005, 3 (June 2006), available at https://www.justice.gov/archive/
ag/annualreports/tr2005/agreporthumantrafficing2005.pdf.
\15\DOJ estimates that as many as 80 percent of individuals
trafficked internationally are women and young girls and that 70
percent are trafficked for the purpose of sexual exploitation. Id. at
5.
\16\Dep't. of Justice, Attorney General's Annual Report to Congress
on U.S. Government Activities to Combat Trafficking in Persons: Fiscal
Year 2005, 3 (June 2006), available at https://www.justice.gov/archive/
ag/annualreports/tr2005/agreporthumantrafficing2005.pdf.
\17\Louise Shelley, Human Trafficking: A Global Perspective, 262
(Eric Crahan ed., 2010).
\18\Citing limitations in data, the authors of the study reported a
wider range of 4,457-20,995 victims. Center for Court Innovation, Youth
Involvement in the Sex Trade: A National Study, 88 (June 2016),
available at https://www.ncjrs.gov/pdffiles1/ojjdp/grants/
249952.pdf?ed2f26df2d9c416fbddddd2330a778c6=jaccjssvkj-jdvsadwa.
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The DHS Blue Campaign
DHS utilizes a victim-centered strategy to confront
domestic human trafficking and is dually committed to
identifying victims and to finding and prosecuting
traffickers.\19\ In 2010, DHS Secretary Janet Napolitano
launched the Blue Campaign program to serve as the Department's
unified voice in the fight against human trafficking and to
raise public awareness about human trafficking taking place
within the United States' national borders.\20\
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\19\Blue Campaign, Dep't. of Homeland Sec., https://www.dhs.gov/
blue-campaign (last visited July 24, 2017).
\20\Blue Campaign: About, Dep't. of Homeland Sec., https://
www.dhs.gov/blue-campaign/about-blue-campaign (last visited July 24,
2017).
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Through the Blue Campaign, DHS provides formal training on
indicators of human trafficking to people who are most likely
to encounter a victim or a trafficker, including first
responders, healthcare providers, social workers, community
volunteers, and law enforcement officers.\21\ The program
includes formal training on methods and techniques to recognize
and report possible instances of human trafficking.\22\
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\21\Blue Campaign: Partnerships, Dep't. of Homeland Sec., https://
www.dhs.gov/blue-campaign/partnerships (last visited July 31, 2017).
\22\See Combating Human Trafficking: Federal, State, and Local
Perspectives: Hearing Before the S. Comm. On Homeland Sec. &
Governmental Affairs, 113th Cong. (2013), available at https://
www.hsgac.senate.gov/hearings/combating-human-trafficking-federal-
state-and-local-perspectives.
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Section 902 of the Justice for Victims of Trafficking Act
of 2015\23\ requires mandatory human trafficking awareness and
training for ``relevant personnel'' working for the
Transportation Security Administration (TSA), Customs and
Border Protection (CBP), and any other appropriate Department
personnel.\24\ DHS issued a directive requiring mandatory human
trafficking awareness training on an annual basis for CBP and
TSA employees, as well as on an annual basis for relevant
personnel at the Federal Emergency Management Agency, Federal
Law Enforcement Training Centers, U.S. Citizenship and
Immigration Services (USCIS), Immigration and Customs
Enforcement (ICE), U.S. Coast Guard (USCG), and U.S. Secret
Service.\25\ The Blue Campaign provides updated information and
training strategies to ensure all relevant personnel remain
informed of the latest anti-human trafficking trends and
policies.\26\ As a result, the Blue Campaign reported that over
130,000 DHS employees and 319 USCG units completed human
trafficking training, in 2016.\27\
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\23\Justice for Victims of Trafficking Act, Pub. L. No. 114-22
(2015).
\24\Id. at Title IX, Sec. 902.
\25\Dep't. of Homeland Sec., Dir. 045-03, Justice for Victims of
Trafficking Act (Mar. 22, 2016).
\26\Dep't. of Homeland Sec., Human Trafficking Awareness Training
for Department of Homeland Security Personnel (2017) (on file with
Committee staff).
\27\Id. at 6.
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As of 2015, the DHS Blue Campaign had provided training to
Federal human trafficking task forces in all 50 states,
educating more than 10,000 state, local, and campus law
enforcement professionals, and over 2,000 foreign law
enforcement partners.\28\ More than 70,000 aviation industry
personnel completed anti-human trafficking training through the
Blue Campaign's Blue Lightning Initiative.\29\
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\28\DHS Blue Campaign Five Year Milestone, U.S. Dep't. of Homeland
Sec. (July 22, 2015, 2:31 PM), https://www.dhs.gov/blog/2015/07/22/dhs-
blue-campaign-five-year-milestone.
\29\Blue Lightning, U.S. Customs and Border Protection (Nov. 7,
2016), https://www.cbp.gov/border-security/human-trafficking/blue-
lightning.
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In fiscal year (FY) 2016, ICE's Homeland Security
Investigations unit opened 1,029 investigations possibly
involving human trafficking.\30\ These investigations led to
1,952 arrests, 631 convictions of perpetrators, and ultimately
the rescue of over 2,000 human trafficking victims.\31\ A total
of 437 victims were identified and assisted.\32\ USCIS, granted
immigration relief through T visas for nonimmigrant status to
750 victims and 986 family members in FY2016, an increase from
FY2015 when T visas were granted to 610 victims and 694 family
members.\33\
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\30\Department of Homeland Security, supra note 24, at 8.
\31\Briefing between Dep't of Homeland Sec. and S. Comm. of
Homeland Sec. and Governmental Affairs (2017).
\32\Id.
\33\Dep't. of State, supra note 5, at 418.
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S. 1103
S. 1103, the Department of Homeland Security Blue Campaign
Authorization Act of 2017, formally authorizes the Blue
Campaign within DHS. Additionally, the bill requires the
Secretary of DHS to appoint a Director to manage the Blue
Campaign, which has operated without statutorily-formalized
leadership or structure since its inception.
The bill also requires the Department to improve
information sharing between components to prevent trafficking
to address a recommendation provided by the DHS Inspector
General. A 2016 DHS Office of Inspector General (OIG) report
identified inefficiencies in information sharing within DHS
components that hinder the Department's ability to identify and
prevent human trafficking.\34\ The Inspector General identified
``known human traffickers used work and fiance visas to bring
victims into the country.''\35\ The Inspector General also
found that ``274 subjects of ICE human trafficking
investigations successfully petitioned USCIS to bring 425
family members and fiances into the United States.''\36\ Since
the DHS OIG report, DHS has attempted to modernize information
technology systems and information sharing capacity.\37\ S.
1103 requires the Department to complete these efforts by
requiring the Secretary of DHS ensure the integration of
technology systems utilized within the Department to record and
track information regarding individuals suspected or convicted
of human trafficking.
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\34\U.S. Department of Homeland Security Office of Inspector
General, OIG-16-17, ICE and USCIS Could Improve Data Quality and
Exchange to Help Identify Potential Human Trafficking Cases (2016),
available at https://www.oig.dhs.gov/assets/Mgmt/2016/OIG-16-17-
Jan16.pdf.
\35\Id. at 7.
\36\Id. at 2.
\37\Briefing, supra note 29.
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Under S. 1103, the Secretary and Blue Campaign director are
required to ensure information sharing is consistent across
DHS. The information relied upon by DHS components must be as
accurate and accessible as possible, particularly when the
information is being used to track down and prosecute
perpetrators of human trafficking, and protect their victims
from further harm or mistreatment.
According to the State Department's 2016 and 2017 TIP
reports, survivor advocates continued to report cases of local
and state authorities detaining or prosecuting trafficking
victims for conduct committed as a direct result of being
subjected to trafficking.\38\ This bill seeks to address those
concerns by granting DHS permanent authority to continue its
education and outreach efforts to promote understanding and
awareness of human trafficking. It also prevents victims from
being treated as criminals rather than victims by law
enforcement and social services.
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\38\Dep't. of State, supra note 5, at 416; see also Dep't. of
State, Trafficking in Persons Report 391 (June 2016), available at
https://www.state.gov/documents/organization/271339.pdf.
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Finally, the bill requires the Secretary to submit an
annual report describing the overall effectiveness of the Blue
Campaign and the changes required by the bill.
III. Legislative History
Chairman Ron Johnson (R-WI) and Ranking Member Claire
McCaskill (D-MO) introduced S. 1103, the Department of Homeland
Security Blue Campaign Authorization Act of 2017, on May 11,
2017. The bill was referred to the Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 1103 at a business meeting on
May 17, 2017. The legislation was reported favorably by voice
vote en bloc. Senators Johnson, McCain, Portman, Lankford,
Enzi, Hoeven, Daines, McCaskill, Tester, Heitkamp, Peters,
Hassan, and Harris were present.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section provides the bill's short title, the
``Department of Homeland Security Blue Campaign Authorization
Act of 2017.''
Section 2. Enhanced Department of Homeland Security coordination
through the Blue Campaign
Subsections (a), (b), and (c) of this section define the
term ``human trafficking'' and establish the Blue Campaign
within the Department of Homeland Security for the purpose of
coordinating the Department's human trafficking efforts.
Subsection (d) of this section outlines the
responsibilities of the Secretary--acting through the
Director--in carrying out the Blue Campaign program: issuing
Department-wide guidance; developing training programs; and
coordinating the Department's training efforts.
Finally, subsection (e) of this section mandates that the
Blue Campaign provide guidance and training to appropriate DHS,
Federal, state, tribal, and law enforcement personnel,
including regarding: how to identify human traffickers and
human trafficking victims; how to collect information that can
be utilized to help identify human traffickers; and proper
information sharing.
Section 3. Information technology systems
This section directs the Secretary of Homeland Security to
ensure the integration of information technology systems
utilized within the Department to record and track information
regarding individuals suspected or convicted of human
trafficking.
Section 4. Report
This section requires the Secretary of Homeland Security to
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives on (1) the
effectiveness of the Blue Campaign and (2) the appropriate
office within DHS to place the Blue Campaign.
This report must be issued no later than 18 months after
the date of the enactment of this bill.
Section 5. Authorization of appropriations
This section authorizes $819,000 to be appropriated to
carry out the requirements of this bill.
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
August 17, 2017.
Hon. Ron Johnson,
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. 1103, the Department
of Homeland Security Blue Campaign Authorization Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
S. 1103--Department of Homeland Security Blue Campaign Authorization
Act of 2017
S. 1103 would authorize the Department of Homeland Security
(DHS) to implement a program to combat human trafficking; this
program would be known as the Blue Campaign. (DHS currently
carries out a similar program, which includes activities to
raise awareness of human trafficking and training for law
enforcement personnel.) The bill would authorize a total
appropriation of $819,000 for the campaign. Assuming
appropriation of that amount, CBO estimates that implementing
the bill would cost $819,000.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 1103 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 1103 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1103 as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
SEC. 434. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN.
(a) Definitions.--In this section, the term `human
trafficking' means an act or practice described in paragraph
(9) or (10) of section 103 of the Trafficking Victims
Protection Act of 2002 (22 U.S.C. 7102).
(b) Establishment.--There is established within the
Department a program, which shall be known as the `Blue
Campaign.' The Blue Campaign shall be headed by a Director, who
shall be appointed by the Secretary.
(c) Purpose.--The purpose of the Blue Campaign shall be to
unify and coordinate Department efforts to address human
trafficking.
(d) Responsibilities.--The Secretary, working through the
Director, shall, in accordance with subsection (e)--
(1) issue Department-wide guidance to appropriate
Department personnel;
(2) develop training programs for such personnel; and
(3) coordinate departmental efforts, including
training for such personnel.
(e) Guidance and Training.--The Blue Campaign shall provide
guidance and training to appropriate Department personnel and
other Federal, State, tribal, and law enforcement personnel, as
appropriate regarding--
(1) programs to help identify instances of human
trafficking;
(2) the types of information that should be collected
and recorded in information technology systems utilized
by the Department to help identify individuals
suspected or convicted of human trafficking;
(3) systematic and routine information sharing within
the Department and among Federal, State, tribal, and
local law enforcement agencies regarding--
(A) individuals suspected or convicted of
human trafficking; and
(B) patterns and practices of human
trafficking;
(4) techniques to identify suspected victims of
trafficking along the United States border and at
airport security checkpoints;
(5) methods to be used by the Transportation Security
Administration and personnel from other appropriate
agencies--
(A) to educate partners and stakeholders;
(B) to increase public awareness of human
trafficking;
(7) leveraging partnerships with State and local
governmental, nongovernmental, and private sector
organizations to raise public awareness of human
trafficking; and
(8) any other activities the Secretary determines
necessary to carry out the Blue Campaign.
* * * * * * *
[all]