On 22 Oct 2024, Rep. Kevin Kiley (R-CA-3) introduced H.R.10029 – National Human Trafficking Database Act (NHTDA) to award grants to state law enforcement agencies to collect and report the presence and prevalence of cases human trafficking data to the Department of Justice (DOJ), Office for Victims of Crime (OVC). Within 18-months of the enactment of the NHTDA, OVC will publish results via a DOJ website. This bipartisan legislation compliments the 13 Jun 2024 introduction of S.4534 – National Human Trafficking Database Act by Sen. Martha Blackburn (R-TN).
Differences
While the language in these two bills is similar, there are some interesting differences worth noting. S.4534 calls for risk assessment scores (no mention in H.R.10029). H.R.10029 would establish the database on a DOJ (likely the Bureau of Justice Statistics – BJS, Human Trafficking Data Collection Activities – HTDCA) website, while S.4534 would create it on the FBI’s (likely the Crime Data Explorer – CDE, Uniform Crime Reporting Program for Human Trafficking – UCR-HT).
The HTDCA is required by the Combat Human Trafficking Act (CHTA) of 2015 (34 U.S.C. § 20709(e)). The CHTA requires BJS to prepare an annual report on human trafficking (HT), including information on arrests, prosecutions, convictions, and sentences imposed. The HTDCA summarizes BJS activities to assess the availability of data on HT among criminal justice agencies at the federal, state, tribal, and local levels. In addition, it describes characteristics of HT defendants in 2022 and provides data on HT investigations and prosecutions by U.S. attorneys, HT defendants convicted and sentenced to federal prison, and admissions to state prison for HT. T On 29 Oct 2024, the BJS released HTDCA 2024 (NCJ Number: 309422).
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA, 28 U.S.C. § 534) signed into law on December 23, 2008, reauthorized the Trafficking Victims’ Protection Act of 2000 (TVPA, 22 U.S.C. § 7102) and requires the FBI UCR Program to collect and classify the crime of human trafficking (HT) as a Part I (Summary Reporting System – SRS) and Group A (NIBRS) offense in UCR, establish subcategories for state sex crimes, and distinguish between incidents of assisting or promoting prostitution, purchasing prostitution, and prostitution. The UCR-HT 2013-2023 was published 23 Sep 2024.
Key state data provided by the UCR-HT includes commercial sex acts (sex trafficking) and involuntary servitude (labor trafficking). The HTDCA provides a wider array of HT data based on three categories of federal statutes:
- Peonage, slavery, and trafficking in persons, 18 U.S.C. §§ 1581-1597
- Sexual exploitation and other abuse of children, 18 U.S.C. §§ 2251-2257A
- Transportation for illegal sexual activity and related crimes, 18 U.S.C. §§ 2421-2429
Significance
A national human trafficking database (NHTD) to consolidate, store, manage, and analyze trafficking data is long overdue. H.R.3244 – Victims of Trafficking and Violence Protection Act of 2000 (also known as the TVPA 2000) became Public Law No: 106-386 on 28 Oct 2000. While there have been many fits and starts over the years, there is no comprehensive roadmap for a reliable national HT prevalence estimate or NHTD.
Remaining Challenges
The NHTD is an important but only one step in a multi-phase approach required based on relevant legislation, research, and best practices from the field. Other steps include:
- Define scope (there are many forms of HT, sex trafficking and labor trafficking are but two) and methodologies to identify, collect, and integrate data sources on hidden populations.
- Implement data collection protocols for consistent, standardized data entry, including demographic fields, case details, and trafficking indicators.
- Standardize terminology to establish clear, uniform definitions of HT to ensure consistent identification and reporting across agencies.
- Pass additional legislation and promulgate guidelines for a whole-of-government roadmap to a reliable prevalence estimate.
- Develop estimation models and use analytical methods to extrapolate from known cases to estimate hidden, underreported, or unreported trafficking incidents.
- Cross-reference with external data and validate findings by comparing them with external data sources, such as international databases or state-level reports.
- Conduct ongoing analysis and update models as needed to continuously refine prevalence estimates to ensure they remain accurate and reflect emerging trends in trafficking.
- Disseminate findings and inform policy to support data-driven anti-trafficking efforts.
- Monitor and continuously improve data collection, estimation, and reporting processes to ensure accuracy, consistency, and adaptability.
Supporting Actions Required by States
Polaris assessed the effect of dissimilar state legislative actions and government programs on the identification and reporting of HT victims and recommended 12 state best practices which have yet to be implemented by all states:
- A sex trafficking provision in state law
- A lower burden of proof for sex trafficking of minors (e.g., presumption of non-consent)
- A labor trafficking provision
- Asset forfeiture
- Investigative tools produced by the state government to assist local law enforcement
- Training in recognizing the signs of trafficking victims
- A government human trafficking task force to support and coordinate efforts
- Safe Harbor laws to protect minors
- Victim assistance
- Ability of sue for civil damages
- Vacating convictions for sex trafficking victims
- Posting the Human Trafficking Hotline number (Polaris, 2014)
David Corliss used meta-analysis with a mixed model approach to find that three of the above practices (sex trafficking provision, labor trafficking provision, and a lower burden of proof for sex trafficking of minors) were nearly universal among the states and six were found to be most effective (Civil Damages, Safe Harbor, Investigational Tools, Training to Identify HT, Vacating Convictions, Victim Assistance) (Peace-Work, 2019).
