II 119THCONGRESS 1 STSESSION S. 61 To establish a national human trafficking database at the Office for Victims of Crime of the Department of Justice, and to incentivize certain State agencies to report data to the database. IN THE SENATE OF THE UNITED STATES JANUARY9, 2025 Mrs. B LACKBURN(for herself and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a national human trafficking database at the Office for Victims of Crime of the Department of Justice, and to incentivize certain State agencies to report data to the database. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Human Traf-4 ficking Database Act’’. 5 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 61 IS SEC. 2. NATIONAL HUMAN TRAFFICKING DATABASE. 1 Title I of the Omnibus Crime Control and Safe 2 Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 3 by adding at the end the following: 4 ‘‘PART PP—NATIONAL HUMAN TRAFFICKING 5 DATABASE 6 ‘‘SEC. 3061. NATIONAL HUMAN TRAFFICKING DATABASE. 7 ‘‘(a) D EFINITIONS.—In this section: 8 ‘‘(1) A NTI-HUMAN TRAFFICKING ORGANIZA -9 TION.—The term ‘anti-human trafficking organiza-10 tion’ means an organization whose main objective is 11 to address and combat human trafficking, including 12 by— 13 ‘‘(A) supporting populations known to be 14 at a higher risk of human trafficking; 15 ‘‘(B) raising awareness of human traf-16 ficking; and 17 ‘‘(C) providing services to survivors of 18 human trafficking. 19 ‘‘(2) C OVERED STATE AGENCY .—The term ‘cov-20 ered State agency’ means— 21 ‘‘(A) a State bureau of investigation or 22 equivalent State law enforcement agency; or 23 ‘‘(B) a State agency other than an agency 24 described in subparagraph (A) that is empow-25 ered by the State to coordinate a statewide 26 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 61 IS human trafficking response, which may be the 1 State public health agency or another agency as 2 determined by the State. 3 ‘‘(3) D IRECTOR OF THE OFFICE .—The term 4 ‘Director of the Office’ means the Director of the 5 Office for Victims of Crime. 6 ‘‘(4) H UMAN TRAFFICKING.—The term ‘human 7 trafficking’ means labor trafficking or sex traf-8 ficking. 9 ‘‘(5) L ABOR TRAFFICKING .—The term ‘labor 10 trafficking’ means conduct described in section 11 103(11)(B) of the Trafficking Victims Protection 12 Act of 2000 (22 U.S.C. 7102(11)(B)). 13 ‘‘(6) P RIMARY SERVICE.—With respect to an 14 anti-human trafficking organization, the term ‘pri-15 mary service’ means the essential function of the or-16 ganization, which may be— 17 ‘‘(A) preventing human trafficking; 18 ‘‘(B) identifying survivors of human traf-19 ficking; 20 ‘‘(C) recovering survivors from human 21 trafficking situations; or 22 ‘‘(D) providing support for survivors to 23 exit human trafficking situations. 24 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 61 IS ‘‘(7) SEX TRAFFICKING.—The term ‘sex traf-1 ficking’ has the meaning given the term in section 2 103(11)(A) of the Trafficking Victims Protection 3 Act of 2000 (22 U.S.C. 7102(11)(A)). 4 ‘‘(b) D UTIES OFOFFICE FORVICTIMS OFCRIME.— 5 ‘‘(1) G RANTS.— 6 ‘‘(A) I N GENERAL.—For each fiscal year 7 for which amounts are made available to carry 8 out this section, the Director of the Office shall 9 award grants to covered State agencies to col-10 lect and report to the Director of the Office 11 human trafficking data, directly or by contract 12 with a private or nonprofit organization with 13 expertise and experience in the collection of 14 human trafficking data, in accordance with sub-15 section (c). 16 ‘‘(B) A PPLICATION.—A covered State 17 agency seeking a grant under this subsection 18 shall submit an application to the Director of 19 the Office at such time, in such manner, and 20 containing such information as the Director of 21 the Office may reasonably require. 22 ‘‘(C) G RANT CONDITION.—A covered State 23 agency may not receive a grant under subpara-24 graph (A) unless the agency certifies to the Di-25 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 61 IS rector of the Office that, not later than 180 1 days after the date on which the agency re-2 ceives the grant, the agency will identify how 3 the agency will collect or ensure the collection 4 and reporting of human trafficking data de-5 scribed in subsection (c)(1)(A). 6 ‘‘(D) U SE OF GRANT.—A covered State 7 agency may only use a grant received under 8 subparagraph (A) to collect and report the data 9 described in section (c)(1)(A). 10 ‘‘(2) G UIDANCE FOR USE OF GRANT FUNDS .— 11 Not later than 180 days after the date of enactment 12 of the National Human Trafficking Database Act, 13 the Director of the Office shall issue guidance that 14 includes goals and guidelines for the use of grants 15 awarded under paragraph (1). 16 ‘‘(c) D ATABASE.— 17 ‘‘(1) E STABLISHMENT.— 18 ‘‘(A) I NITIAL SUBMISSION OF STATE 19 DATA.—Not later than 1 year after the date of 20 enactment of the National Human Trafficking 21 Database Act, each covered State agency that 22 has received a grant under subsection (b)(1) 23 shall report to the Director of the Office, for 24 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 61 IS the most recently ended fiscal year (as of that 1 date of enactment) for the State— 2 ‘‘(i) where such data is available— 3 ‘‘(I) with respect to each county 4 in the State— 5 ‘‘(aa) the number of pros-6 ecutions, arrests, or convictions 7 for human trafficking; 8 ‘‘(bb) aggregated and 9 anonymized data from State-level 10 human trafficking hotlines; 11 ‘‘(cc) aggregated and 12 anonymized data from the Na-13 tional Human Trafficking Hot-14 line, operated by the Administra-15 tion for Children and Families; 16 ‘‘(dd) aggregated and 17 anonymized data from State-level 18 children’s services agencies; 19 ‘‘(ee) aggregated and 20 anonymized human trafficking 21 data from the Office of Justice 22 Services of the Bureau of Indian 23 Affairs, including the Missing 24 and Murdered Unit; 25 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 61 IS ‘‘(ff) aggregated and 1 anonymized human trafficking 2 data from the Center for Coun-3 tering Human Trafficking of the 4 Department of Homeland Secu-5 rity; 6 ‘‘(gg) the presence and like-7 lihood of criminal activity known 8 to be correlated with human traf-9 ficking, including crimes of pros-10 titution, drug distribution, sexual 11 assault, and gang-related vio-12 lence; and 13 ‘‘(hh) the number of sur-14 vivors of human trafficking who 15 have been served by nongovern-16 mental human trafficking victim 17 service organizations; 18 ‘‘(II) the name and primary serv-19 ice of each anti-human trafficking or-20 ganization operating in each county in 21 the State; and 22 ‘‘(III) the total number of State- 23 level human trafficking prosecutions, 24 which the covered State agency shall 25 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 61 IS compile by collecting the necessary in-1 formation from the prosecutor’s office 2 for each county in the State, cat-3 egorized by sex, race, citizenship, pri-4 mary language, and prior convictions; 5 and 6 ‘‘(ii) if any data described in clause (i) 7 is not available, a statement explaining 8 why the data is not available. 9 ‘‘(B) E STABLISHMENT.—Not later than 18 10 months after the date of enactment of the Na-11 tional Human Trafficking Database Act, the 12 Director of the Office shall publish on the inter-13 net website of the Department of Justice a 14 database that includes, for each State— 15 ‘‘(i) the data for each county in the 16 State, as reported by the covered State 17 agency under subparagraph (A)(i)(I), in 18 accordance with subsection (d); 19 ‘‘(ii) the name and primary service of 20 each anti-human trafficking organization 21 operating in each county in the State, as 22 reported by the covered State agency under 23 subparagraph (A)(i)(II); 24 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 61 IS ‘‘(iii) the total number of State-level 1 human trafficking prosecutions, as re-2 ported by the covered State agency under 3 subparagraph (A)(i)(III); 4 ‘‘(iv) any statement from the covered 5 State agency of the State described in sub-6 paragraph (A)(ii); 7 ‘‘(v)(I) except as provided in sub-8 clause (II)— 9 ‘‘(aa) the 10 counties in the 10 State with the highest rates of human 11 trafficking; and 12 ‘‘(bb) the 10 counties in the 13 State with the lowest rates of human 14 trafficking; or 15 ‘‘(II) if the State has fewer than 20 16 counties, a list of the counties in the State, 17 ranked by rate of human trafficking from 18 highest to lowest; and 19 ‘‘(vi) the number of Federal prosecu-20 tions, arrests, or convictions for human 21 trafficking occurring in the State. 22 ‘‘(C) C OLLECTION OF DATA REGARDING 23 ANTI-HUMAN TRAFFICKING ORGANIZATIONS .— 24 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 61 IS In carrying out subparagraph (A)(ii), a covered 1 State agency may coordinate with— 2 ‘‘(i) the Administration for Children 3 and Families, in its capacity as the oper-4 ator of the National Human Trafficking 5 Hotline; 6 ‘‘(ii) the Office for Victims of Crime; 7 ‘‘(iii) the Office on Violence Against 8 Women; 9 ‘‘(iv) the Bureau of Justice Statistics; 10 ‘‘(v) any office of the United States 11 attorney in the State; 12 ‘‘(vi) the Office of Justice Services of 13 the Bureau of Indian Affairs; 14 ‘‘(vii) the Center for Countering 15 Human Trafficking of the Department of 16 Homeland Security; 17 ‘‘(viii) a relevant State-level human 18 trafficking task force or Missing and Mur-19 dered Indigenous People task force; and 20 ‘‘(ix) the Office of National Drug 21 Control Policy, including the High Inten-22 sity Drug Trafficking Areas Program. 23 ‘‘(2) A DMINISTRATION.— 24 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 61 IS ‘‘(A) SUBMISSION OF STATE DATA .—Not 1 later than 90 days after the last day of each fis-2 cal year, beginning with fiscal year 2025, each 3 covered State agency that received a grant 4 under subsection (b)(1) for that fiscal year shall 5 report to the Director of the Office the data de-6 scribed in paragraph (1)(A) of this subsection 7 (and any statement described in clause (ii) of 8 that paragraph, if applicable) for that fiscal 9 year for the State. 10 ‘‘(B) U PDATING DATABASE .—Not later 11 than 180 days after the last day of each fiscal 12 year, beginning with fiscal year 2025, the Di-13 rector of the Office shall update the database 14 established under paragraph (1)(B) using the 15 data provided by covered State agencies for 16 that fiscal year under paragraph (1)(A) (and 17 including any statements described in clause (ii) 18 of that paragraph, if applicable), as well as, for 19 purposes of paragraph (1)(B)(iv), data provided 20 by Federal law enforcement agencies. 21 ‘‘(3) R EPORT.—Not later than 180 days after 22 the last day of each fiscal year, beginning with fiscal 23 year 2025, the Director of the Office shall report to 24 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 61 IS Congress the contents of the database established 1 under paragraph (1)(B) for that fiscal year. 2 ‘‘(d) S URVIVORCONFIDENTIALITY.—In order to en-3 sure the safety of survivors of human trafficking and their 4 families, a covered State agency that receives a grant 5 under subsection (b)(1), in collecting and reporting data 6 under this section, shall protect the confidentiality and 7 privacy of those survivors and their families. 8 ‘‘(e) R ULES OFCONSTRUCTION.—Nothing in this 9 section shall be construed— 10 ‘‘(1) to permit the Department of Justice to 11 make any funding decisions based on the collected 12 data described in subsection (c); or 13 ‘‘(2) to permit the Department of Justice, or 14 any covered State agency that receives a grant 15 under subsection (b)(1), to demand, access, or pub-16 licize personally identifying information about sur-17 vivors of human trafficking from any source. 18 ‘‘(f) A UTHORIZATION OFAPPROPRIATIONS.— 19 ‘‘(1) I N GENERAL.—There are authorized to be 20 appropriated to the Director of the Office for each 21 of fiscal years 2025 through 2028— 22 ‘‘(A) $50,000,000 to carry out subsection 23 (b); and 24 VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 61 IS ‘‘(B) $1,000,000 to carry out paragraphs 1 (1)(B), (2)(B), and (3) of subsection (c). 2 ‘‘(2) A VAILABILITY OF FUNDS .—The amounts 3 authorized under paragraph (1) shall remain avail-4 able until expended.’’. 5 Æ VerDate Sep 11 2014 05:30 Jan 31, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S61.IS S61 kjohnson on DSK7ZCZBW3PROD with $$_JOB