[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 863 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 863
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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Human Trafficking Database
Act''.
SEC. 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:
``PART PP--NATIONAL HUMAN TRAFFICKING DATABASE
``SEC. 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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