H.R. 863

119th CONGRESS 1st Session

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 · Sponsor: Mr. Kiley of California · Committee: Committee on the Judiciary

Table of contents

• H.R. 863
  • SEC. 1. Short title
  • SEC. 2. National human trafficking database

SEC. 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 () is amended by adding at the end the following: 34 U.S.C. 10101 et seq.
  • (a) Definitions
    • In this section:
      • The term anti-human trafficking organization means an organization whose main objective is to address and combat human trafficking, including by—
      • The term covered State agency means—
      • The term Director of the Office means the Director of the Office for Victims of Crime.
      • The term human trafficking means labor trafficking or sex 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)
      • With respect to an anti-human trafficking organization, the term primary service means the essential function of the organization, which may be—
      • 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
      • 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).
        • In general
      • (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).
        • Grant condition
      • (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 , 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
      • Establishment
      • (A) Initial submission of State data
        • Not later than 1 year after the date of enactment of the , 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—
          • with respect to each county in the State—
          • the number of prosecutions, arrests, or convictions for human trafficking;
          • aggregated and anonymized data from State-level human trafficking hotlines;
          • aggregated and anonymized data from the National Human Trafficking Hotline, operated by the Administration for Children and Families;
          • aggregated and anonymized data from State-level children’s services agencies;
          • aggregated and anonymized human trafficking data from the Office of Justice Services of the Bureau of Indian Affairs, including the Missing and Murdered Unit;
          • aggregated and anonymized human trafficking data from the Center for Countering Human Trafficking of the Department of Homeland Security;
          • 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
          • the number of survivors of human trafficking who have been served by nongovernmental human trafficking victim service organizations;
          • the name and primary service of each anti-human trafficking organization operating in each county in the State; and
          • 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 , 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)
          • except as provided in subclause (II)—
          • the 10 counties in the State with the highest rates of human trafficking; and
          • the 10 counties in the State with the lowest rates of human trafficking; or
          • 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—
      • to permit the Department of Justice to make any funding decisions based on the collected data described in subsection (c); or
      • 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—
        • $50,000,000 to carry out subsection (b); and
        • $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.