[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
======================================================================



 
                   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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.).

           *       *       *       *       *       *       *


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