National Human Trafficking Database Act

Bill: 118-hr-10029
Sponsor: full_name: Rep. Kiley, Kevin [R-CA-3]
Introduced: 2024-10-22
Policy area: Crime and Law Enforcement
Latest action: action_date: 2024-10-22
text: Referred to the House Committee on the Judiciary.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10029 IN THE HOUSE OF REPRESENTATIVES October 22, 2024 Mr. Kiley (for himself, Ms. Caraveo , 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 Department of Justice, and to incentivize certain State law enforcement 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 law enforcement agency The term covered State law enforcement agency means a State bureau of investigation or equivalent State law enforcement agency. (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 law enforcement 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 law enforcement 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 law enforcement 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 law enforcement 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 law enforcement 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, data on— (aa) the presence and prevalence of cases of labor trafficking or sex trafficking, specifically indicated by— (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; and (EE) aggregated and anonymized human trafficking data from the Missing and Murdered Unit of the Office of Justice Services of the Bureau of Indian Affairs; (bb) the presence and prevalence of criminal activity known to be correlated with human trafficking, including crimes of prostitution, drug distribution, sexual assault, and gang-related violence; and (cc) 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 law enforcement agency shall compile by collecting the necessary information from the prosecutor's office for each county in the State, categorized by sex, race, citizenship, 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 law enforcement agency under subparagraph (A)(i)(I); (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 law enforcement agency under subparagraph (A)(i)(II); (iii) the total number of State-level human trafficking prosecutions, as reported by the covered State law enforcement agency under subparagraph (A)(i)(III); (iv) any statement from the covered State law enforcement agency of the State described in subparagraph (A)(ii); and (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. (C) Collection of data about anti-human trafficking organizations In carrying out subparagraph (A)(ii), a covered State law enforcement 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 Bureau of Justice Statistics; and (iv) a relevant State-level human trafficking task force. (2) Administration (A) Submission of State data Not later than 90 days after the last day of a fiscal year, beginning with fiscal year 2025, each covered State law enforcement 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 a fiscal year, beginning with fiscal year 2025, the Attorney General shall update the database established under paragraph (1)(B) using the data provided by covered State law enforcement agencies for that fiscal year under paragraph (1)(A) (and including any statements described in clause (ii) of that paragraph, if applicable). (3) Report Not later than 180 days after the last day of each fiscal year, beginning with fiscal year 2025, the Attorney General 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 adult, youth, and child survivors of human trafficking and their families, a covered State law enforcement 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) Rule of construction Nothing in this section shall be construed as permitting the Department of Justice to make any funding decisions based on the collected data described in subsection (c). (f) Authorization of appropriations (1) In general There are authorized to be appropriated $51,000,000 to the Director of the Office for each of fiscal years 2025 through 2028 to carry out subsection (b). (2) Availability of funds The amounts authorized under paragraph (1) shall remain available until expended. .