H.R. 863

119 HR 863 IH: National Human Trafficking Database Act
 U.S. House of Representatives
 2025-01-31
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 863  IN THE HOUSE OF REPRESENTATIVES   January 31, 2025   Mr. Kiley of California  (for himself,  Mr. Johnson of Georgia , and  Ms. Hageman ) introduced the following bill; which was 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.
1.
Short title
This Act may be cited as the   National Human Trafficking Database Act  .
2.
National human trafficking database
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following:
PP
National human trafficking database
3061.
National human trafficking database
(a)
Definitions
In this section:
(1)
Anti-human trafficking organization
The term  anti-human trafficking organization  means an organization whose main objective is to address and combat human trafficking, including by—
(A)
supporting populations known to be at a higher risk of human trafficking;
(B)
raising awareness of human trafficking; and
(C)
providing services to survivors of human trafficking.
(2)
Covered State agency
The term  covered State agency  means—
(A)
a State bureau of investigation or equivalent State law enforcement agency; or
(B)
a State agency other than an agency described in subparagraph (A) that is empowered by the State to coordinate a statewide human trafficking response, which may be the State public health agency or another agency as determined by the State.
(3)
Director of the Office
The term  Director of the Office  means the Director of the Office for Victims of Crime.
(4)
Human trafficking
The term  human trafficking  means labor trafficking or sex trafficking.
(5)
Labor trafficking
The term  labor trafficking  means conduct described in section 103(11)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11)(B) ).
(6)
Primary service
With respect to an anti-human trafficking organization, the term  primary service  means the essential function of the organization, which may be—
(A)
preventing human trafficking;
(B)
identifying survivors of human trafficking;
(C)
recovering survivors from human trafficking situations; or
(D)
providing support for survivors to exit human trafficking situations.
(7)
Sex trafficking
The term  sex trafficking  has the meaning given the term in section 103(11)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11)(A) ).
(b)
Duties of Office for Victims of Crime
(1)
Grants
(A)
In general
For each fiscal year for which amounts are made available to carry out this section, the Director of the Office shall award grants to covered State agencies to collect and report to the Director of the Office human trafficking data, directly or by contract with a private or nonprofit organization with expertise and experience in the collection of human trafficking data, in accordance with subsection (c).
(B)
Application
A covered State agency seeking a grant under this subsection shall submit an application to the Director of the Office at such time, in such manner, and containing such information as the Director of the Office may reasonably require.
(C)
Grant condition
A covered State agency may not receive a grant under subparagraph (A) unless the agency certifies to the Director of the Office that, not later than 180 days after the date on which the agency receives the grant, the agency will identify how the agency will collect or ensure the collection and reporting of human trafficking data described in subsection (c)(1)(A).
(D)
Use of grant
A covered State agency may only use a grant received under subparagraph (A) to collect and report the data described in section (c)(1)(A).
(2)
Guidance for use of grant funds
Not later than 180 days after the date of enactment of the  National Human Trafficking Database Act , the Director of the Office shall issue guidance that includes goals and guidelines for the use of grants awarded under paragraph (1).
(c)
Database
(1)
Establishment
(A)
Initial submission of State data
Not later than 1 year after the date of enactment of the  National Human Trafficking Database Act , each covered State agency that has received a grant under subsection (b)(1) shall report to the Director of the Office, for the most recently ended fiscal year (as of that date of enactment) for the State—
(i)
where such data is available—
(I)
with respect to each county in the State—
(aa)
the number of prosecutions, arrests, or convictions for human trafficking;
(bb)
aggregated and anonymized data from State-level human trafficking hotlines;
(cc)
aggregated and anonymized data from the National Human Trafficking Hotline, operated by the Administration for Children and Families;
(dd)
aggregated and anonymized data from State-level children’s services agencies;
(ee)
aggregated and anonymized human trafficking data from the Office of Justice Services of the Bureau of Indian Affairs, including the Missing and Murdered Unit;
(ff)
aggregated and anonymized human trafficking data from the Center for Countering Human Trafficking of the Department of Homeland Security;
(gg)
the presence and likelihood of criminal activity known to be correlated with human trafficking, including crimes of prostitution, drug distribution, sexual assault, and gang-related violence; and
(hh)
the number of survivors of human trafficking who have been served by nongovernmental human trafficking victim service organizations;
(II)
the name and primary service of each anti-human trafficking organization operating in each county in the State; and
(III)
the total number of State-level human trafficking prosecutions, which the covered State agency shall compile by collecting the necessary information from the prosecutor's office for each county in the State, categorized by sex, race, citizenship, primary language, and prior convictions; and
(ii)
if any data described in clause (i) is not available, a statement explaining why the data is not available.
(B)
Establishment
Not later than 18 months after the date of enactment of the  National Human Trafficking Database Act , the Director of the Office shall publish on the internet website of the Department of Justice a database that includes, for each State—
(i)
the data for each county in the State, as reported by the covered State agency under subparagraph (A)(i)(I), in accordance with subsection (d);
(ii)
the name and primary service of each anti-human trafficking organization operating in each county in the State, as reported by the covered State agency under subparagraph (A)(i)(II);
(iii)
the total number of State-level human trafficking prosecutions, as reported by the covered State agency under subparagraph (A)(i)(III);
(iv)
any statement from the covered State agency of the State described in subparagraph (A)(ii);
(v)
(I)
except as provided in subclause (II)—
(aa)
the 10 counties in the State with the highest rates of human trafficking; and
(bb)
the 10 counties in the State with the lowest rates of human trafficking; or
(II)
if the State has fewer than 20 counties, a list of the counties in the State, ranked by rate of human trafficking from highest to lowest; and
(vi)
the number of Federal prosecutions, arrests, or convictions for human trafficking occurring in the State.
(C)
Collection of data regarding anti-human trafficking organizations
In carrying out subparagraph (A)(ii), a covered State agency may coordinate with—
(i)
the Administration for Children and Families, in its capacity as the operator of the National Human Trafficking Hotline;
(ii)
the Office for Victims of Crime;
(iii)
the Office on Violence Against Women;
(iv)
the Bureau of Justice Statistics;
(v)
any office of the United States attorney in the State;
(vi)
the Office of Justice Services of the Bureau of Indian Affairs;
(vii)
the Center for Countering Human Trafficking of the Department of Homeland Security;
(viii)
a relevant State-level human trafficking task force or Missing and Murdered Indigenous People task force; and
(ix)
the Office of National Drug Control Policy, including the High Intensity Drug Trafficking Areas Program.
(2)
Administration
(A)
Submission of State data
Not later than 90 days after the last day of each fiscal year, beginning with fiscal year 2025, each covered State agency that received a grant under subsection (b)(1) for that fiscal year shall report to the Director of the Office the data described in paragraph (1)(A) of this subsection (and any statement described in clause (ii) of that paragraph, if applicable) for that fiscal year for the State.
(B)
Updating database
Not later than 180 days after the last day of each fiscal year, beginning with fiscal year 2025, the Director of the Office shall update the database established under paragraph (1)(B) using the data provided by covered State agencies for that fiscal year under paragraph (1)(A) (and including any statements described in clause (ii) of that paragraph, if applicable), as well as, for purposes of paragraph (1)(B)(iv), data provided by Federal law enforcement agencies.
(3)
Report
Not later than 180 days after the last day of each fiscal year, beginning with fiscal year 2025, the Director of the Office shall report to Congress the contents of the database established under paragraph (1)(B) for that fiscal year.
(d)
Survivor confidentiality
In order to ensure the safety of survivors of human trafficking and their families, a covered State agency that receives a grant under subsection (b)(1), in collecting and reporting data under this section, shall protect the confidentiality and privacy of those survivors and their families.
(e)
Rules of construction
Nothing in this section shall be construed—
(1)
to permit the Department of Justice to make any funding decisions based on the collected data described in subsection (c); or
(2)
to permit the Department of Justice, or any covered State agency that receives a grant under subsection (b)(1), to demand, access, or publicize personally identifying information about survivors of human trafficking from any source.
(f)
Authorization of appropriations
(1)
In general
There are authorized to be appropriated to the Director of the Office for each of fiscal years 2025 through 2028—
(A)
$50,000,000 to carry out subsection (b); and
(B)
$1,000,000 to carry out paragraphs (1)(B), (2)(B), and (3) of subsection (c).
(2)
Availability of funds
The amounts authorized under paragraph (1) shall remain available until expended.
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