[Senate Report 117-250]
[From the U.S. Government Publishing Office]
Calendar No. 634
117th Congress } { Report
SENATE
2d Session } { 117-250
_______________________________________________________________________
DHS BLUE CAMPAIGN ENHANCEMENT ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2989
TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO ENHANCE
THE BLUE CAMPAIGN OF THE DEPARTMENT OF HOMELAND
SECURITY, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 13, 2022.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
39-010 WASHINGTON : 2023
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Sarah C. Pierce, Senior Counsel
Pamela Thiessen, Minority Staff Director
Sam J. Mulopulos, Minority Deputy Staff Director
Jeremy H. Hayes, Minority Senior Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 634
117th Congress } { Report
SENATE
2d Session } { 117-250
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DHS BLUE CAMPAIGN ENHANCEMENT ACT
_______
December 13, 2022.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2989]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2989), to amend the
Homeland Security Act of 2002 to enhance the Blue Campaign of
the Department of Homeland Security, and for other purposes,
having considered the same, reports favorably thereon with an
amendment, in the nature of a substitute, and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 3
IV. Section-by-Section Analysis of the Bill, as Reported............. 3
V. Evaluation of Regulatory Impact.................................. 4
VI. Congressional Budget Office Cost Estimate........................ 4
VII. Changes in Existing Law Made by the Bill, as Reported............ 5
I. Purpose and Summary
S. 2989, the DHS Blue Campaign Enhancement Act, aims to
increase awareness of human trafficking indicators and prevent
such cases from being overlooked by law enforcement and the
public. This legislation would also increase cooperation among
the various agencies within the Department of Homeland Security
(DHS) that work on issues related to human trafficking.
II. Background and Need for the Legislation
Human trafficking is a form of modern-day slavery ``whereby
traffickers exploit and profit at the expense of adults or
children by compelling them to perform labor'' or sexual
acts.\1\ Human trafficking is a pressing issue to the United
States because it encompasses violations of human rights, labor
protections, criminal law, and public health standards, as well
as homeland security.\2\ Victims are generally held captive and
kept silent through debt bondage, social isolation, the fear of
reprisal against them or their loved ones, or the confiscation
of identification cards and travel documents.\3\ These methods
of control discourage trafficked persons from seeking help or
even testifying against their captor in a criminal trial.\4\
For example, a domestic worker's employer may control their
access to food, transportation, and housing, weaponizing these
conditions for ``coercive schemes to compel the labor of
domestic workers with little risk of detection.''\5\
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\1\Department of State, Trafficking in Persons Report at 24 (June
2021); See Department of Homeland Security, Strategy to Combat Human
Trafficking, the Importation of Goods Produced with Forced Labor, and
Child Sexual Exploitation at 2, n.1 (Jan. 2020).
\2\Congressional Research Service, Trafficking in Persons: U.S.
Policy and Issues for Congress (May 1, 2014); See Senate Committee on
Homeland Security and Governmental Affairs, Testimony for the Record of
Secretary Alejandro N. Mayorkas, Homeland Security Department, Hearing
on Threats to the Homeland: Evaluating the Landscape 20 Years After 9/
11 (Sept. 21, 2021).
\3\Congressional Research Service, Trafficking in Persons: U.S.
Policy and Issues for Congress (May 1, 2014).
\4\Congressional Research Service, Trafficking in Persons: U.S.
Policy and Issues for Congress at 16 (May 1, 2014).
\5\Department of State, Trafficking in Persons Report at 26 (June
2021). ``What happens in a private residence is hidden from the world--
including from law enforcement and labor inspectors--resulting in
barriers to identification.''; See Department of Homeland Security,
Indicators of Human Trafficking (www.dhs.gov/blue-campaign/indicators-
human-trafficking) (accessed June 25, 2022).
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Because of the tactics used by traffickers to keep
trafficked persons from coming forward, it is all that more
important that law enforcement and civilian observers
proactively identify and reach out to victims.\6\ The Blue
Campaign is a national public awareness campaign designed to
educate the public, law enforcement, and other industry
partners on how to recognize indicators of human trafficking
and how to respond appropriately to possible cases.\7\ Human
trafficking cases are often underreported, but increasing the
public's ability to spot the signs helps to prevent indicators
from being overlooked and saves lives.\8\ While the Blue
Campaign works closely with the DHS components and other
federal partners to combat human trafficking, often state and
local law enforcement officers encounter victims and their
traffickers firsthand. Individuals employed in industries
outside law enforcement, from medical professionals to airline
employees, are also more likely to encounter victims and need
to know how to identify and respond to them. Increasing
widespread public awareness is critical to expanding these
efforts.
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\6\Department of State, Trafficking in Persons Report at 594 (June
2021); See Department of Homeland Security, Strategy to Combat Human
Trafficking, the Importation of Goods Produced with Forced Labor, and
Child Sexual Exploitation at 2 (Jan. 2020).
\7\Department of Homeland Security, Blue Campaign (www.dhs.gov/
blue-campaign) (accessed July 25, 2022).
\8\Department of Homeland Security, Human Trafficking General
Awareness (www.dhs.gov/medialibrary/collections/23516) (accessed July
25, 2022).
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Moreover, the invisible and pervasive nature of human
trafficking implicates the work of many component agencies
within DHS. To increase coordination across this work, the bill
establishes a Blue Campaign Advisory Board within DHS to
consult regularly with the Director of the Blue Campaign
(Director) on recruitment tactics used by human traffickers,
the development of effective awareness tools for distribution
to federal and non-federal officials to identify and prevent
instances of human trafficking, and identification of
additional persons or entities that may be uniquely positioned
to recognize signs of human trafficking and the development of
materials for such persons. The advisory board includes
representatives from four separate offices or components within
DHS, as selected by the Secretary.
The DHS Blue Campaign Enhancement Act requires the Director
to develop web-based interactive training videos and provide
online training opportunities for federal, state, local,
tribal, and territorial law enforcement officers. By increasing
access to online trainings, these resources will be more widely
available across the country to raise public awareness about
the indicators of human trafficking and provide law enforcement
with the expertise required to respond effectively.
III. Legislative History
Senators Peters (D-MI) and Portman (R-OH) introduced S.
2989, the DHS Blue Campaign Enhancement Act, on October 18,
2021. The bill was referred to the Senate Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 2989 at a business meeting on
November 3, 2021. During the business meeting, Senators Peters
and Portman offered a substitute amendment that provided the
Secretary the discretion to decide which components or offices
are included in the Blue Campaign Advisory Board. The amendment
was adopted en bloc by voice vote with Senators Peters, Hassan,
Sinema, Rosen, Padilla, Ossoff, Portman, Johnson, Lankford,
Romney, Scott, and Hawley present for the vote.
The Committee ordered the bill, as amended, to be reported
favorably by voice vote en bloc as amended by the Peters-
Portman Substitute Amendment. Senators present for the vote on
the bill were: Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
Portman, Johnson, Lankford, Romney, Scott, and Hawley.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section designates the name of the bill as the ``DHS
Blue Campaign Enhancement Act.''
Section 2. Department of Homeland Security Blue Campaign Enhancement
This section amends the Homeland Security Act of 2002 by
requiring the Director of the Blue Campaign to develop and make
available, for a 10-year period, web-based training programs
for federal, state, local, Tribal, and territorial law
enforcement officers; non-federal correction system personnel;
and such other individuals as the Director determines
appropriate. The new language to be added to the Homeland
Security Act also establishes a Blue Campaign Advisory Board,
with representatives from no less than four separate components
or offices of DHS, as selected by the Secretary. This section
instructs the Director to consult with the Blue Campaign
Advisory Board regarding a number of topics, including the
development of effective awareness tools for distribution to
federal and non-federal officials to identify and prevent
instances of human trafficking.
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
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 14, 2022.
Hon. Gary C. Peters,
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. 2989, the DHS Blue
Campaign Enhancement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lindsay
Wylie.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
S. 2989 would direct the Department of Homeland Security
(DHS) to develop Internet-based training programs for federal,
state, local, and tribal law enforcement officers and others as
part of the department's Blue Campaign. The Blue Campaign is
aimed at combating human trafficking. The bill also would
create an advisory board of DHS officials who would provide
information and data on human trafficking to the Blue Campaign.
DHS is currently carrying out activities similar to those
required by the bill. Using information about those efforts,
CBO estimates that any new activities required under S. 2989
would not require substantial action by the department and
would cost less than $500,000 over the 2022-2026 period; any
spending would be subject to the availability of appropriated
funds.
On June 29, 2021, CBO transmitted a cost estimate for H.R.
2795, the DHS Blue Campaign Enhancement Act, as ordered
reported by the House Committee on Homeland Security on May 18,
2021. That bill is similar to S. 2989, as described above, and
CBO's estimates for the bills are the same.
The CBO staff contact for this estimate is Lindsay Wylie.
The estimate was reviewed by Leo Lex, Deputy Director of 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
the bill, 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):\9\
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\9\This bill was enacted into law in the National Defense
Authorization Act for Fiscal Year 2022 (Pub. L. 117-81, Sec.
1547(b)(1)), which became law before this bill was reported out of
committee. These changes made by this bill are now moot and are not
reflected in Section VII of this report.
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HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
SEC. 434. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN.
(a) * * *
* * * * * * *
(e) * * *
(1) * * *
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) [utilizing resources] developing and utilizing,
in consultation with the Advisory Board established
pursuant to subsection (g), resources such as indicator
cards, fact sheets, pamphlets, posters, brochures, and
radio and television campaigns to--
(A) educate partners and stakeholders; and
(B) increase public awareness of human
trafficking;
(7) * * *
(8) * * *
(f) Web-Based Training Programs.--To enhance training
opportunities, the Director of the Blue Campaign shall develop
web-based interactive training videos that utilize a learning
management system to provide online training opportunities that
shall, during the 10-year period beginning on the date that is
90 days after the date of enactment of the DHS Blue Campaign
Enhancement Act, be made available to the following
individuals:
(1) Federal, State, local, Tribal, and territorial
law enforcement officers.
(2) Non-Federal correction system personnel.
(3) Such other individuals as the Director determines
appropriate.
(g) Blue Campaign Advisory Board.--
(1) In general.--There is established in the
Department a Blue Campaign Advisory Board, which shall
be comprised of representatives assigned by the
Secretary, from not less than 4 separate components or
offices of the Department.
(2) Charter.--The Secretary is authorized to issue a
charter for the Blue Campaign Advisory Board, and such
charter shall specify the following:
(A) The Board's mission, goals, and scope of
its activities.
(B) The duties of the Board's
representatives.
(C) The frequency of the Board's meetings.
(3) Consultation.--The Director shall consult the
Blue Campaign Advisory Board and, as appropriate,
experts from other components and offices of the Center
for Countering Human Trafficking of the Department
regarding the following:
(A) Recruitment tactics used by human
traffickers to inform the development of
training and materials by the Blue Campaign.
(B) The development of effective awareness
tools for distribution to Federal and non-
Federal officials to identify and prevent
instances of human trafficking.
(C) Identification of additional persons or
entities that may be uniquely positioned to
recognize signs of human trafficking and the
development of materials for such persons.
(4) Applicability.--The Federal Advisory Committee (5
U.S.C. App.) does not apply to--
(A) the Blue Campaign Advisory Board; or
(B) consultations under paragraph (3).
(h) Consultation.--With regard to development of programs
under the Blue Campaign and the implementation of such
programs, the Director is authorized to consult with State,
local, Tribal, and territorial agencies, non-governmental
organizations, private sector organizations, and experts. Such
consultation shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
* * * * * * *
[all]