34 U.S.C. § 20703 — Victim-centered child human trafficking deterrence block grant program
submitted 20 years ago by Pub. L. 109-164 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 1,915 words · no verdicts yet
The Attorney General can award block grants to states or local governments to fight child human trafficking, funding law enforcement training, task forces, victim services, and specialized problem-solving courts for trafficking victims. Grants come with detailed accountability rules, an escalating federal cost-share, and funding capped at $7,000,000 a year through 2020.
(a) Grants authorized. The Attorney General may award block grants to eligible entities to build, improve, or expand programs that help law enforcement, prosecutors, judges, and victims' services groups work together to rescue and restore trafficking victims while investigating and prosecuting child human trafficking.
(b) Authorized activities. Grants may fund:
(1) Specialized training for law enforcement, first responders, health and child welfare officials, juvenile justice staff, prosecutors, and judges, to identify victims and trafficking acts, address child victims' unique needs, help rescue them, investigate and prosecute traffickers (including buyers of sex from children and complex trafficking networks), and use "safe harbor" and similar state laws that avoid prosecuting child trafficking victims for prostitution.
(2) Dedicated anti-trafficking law enforcement units and task forces, including: partial salaries for officers, limited to the share of their time spent on trafficking cases; investigation costs like wiretaps, expert consultants, travel, and technical help; dedicated prosecution units, including partial prosecutor salaries and trial costs, limited to the share of time spent on trafficking cases; victim witness safety, assistance, and relocation programs coordinated with child advocacy centers, social services, health agencies, housing agencies, legal services, and nonprofits experienced with trafficking victims; and other victim-assistance programs or staff, like child advocates or forensic interviewers.
(3) Law enforcement efforts to find homeless and runaway youth, including pay for retired federal officers helping with that work.
(4) Problem-solving court programs for trafficking victims, including: mandatory training for the judges and staff running them; ongoing judicial supervision of suspected victims, whether or not they've been charged with a trafficking-related crime; individualized court-ordered treatment plans (outpatient treatment, life skills, housing, job training, education, family support, job placement); centralized case management combining all of a victim's cases; regular required court appearances to check compliance; dismissal of nonviolent charges against victims who complete treatment; and collaboration with child advocacy centers, welfare agencies, shelters, and nonprofits.
(c) Application. Entities apply to the Attorney General, describing planned activities, a detailed spending plan, required assurances, and disclosure of other related federal grants applied for or received in the past 5 years. Applications get preference if they cover all the activities in (b)(1)-(3), or include a plan to keep funding the work after the grant ends. An entity can't be penalized for only recently starting to collect data on child trafficking.
(d) Duration and renewal of award. Grants expire 3 years after being awarded, and can be renewed up to twice, for up to 2 years each time.
(e) Evaluation. The Attorney General must contract with an experienced nongovernmental group to periodically evaluate each grant's impact, have the DOJ Inspector General check those evaluations for statistical validity, and send the results to the Senate and House Judiciary Committees.
(f) Mandatory exclusion. An entity found to have misused grant funds is barred from more block-grant money for 2 fiscal years.
(g) Compliance requirement. An entity that violated the terms of any government grant program in the past 5 years is ineligible for a grant here.
(h) Administrative cap. Administering these grants can't cost more than 5 percent of the total spent on this section.
(i) Federal share. The federal government pays 70 percent of program costs in year one, 60 percent in year two, and 50 percent in year three and after.
(j) Authorization of funding; fully offset. The Attorney General, consulting the HHS Secretary, may award up to $7,000,000 a year from the Domestic Trafficking Victims' Fund (18 U.S.C. § 3014) for fiscal years 2016 through 2020.
(k) Definitions. "Child" means someone under 18. "Child advocacy center" means a center created under the Victims of Child Abuse Act of 1990. “Child human trafficking” means one or more severe forms of trafficking in persons*, as defined in 22 U.S.C. § 7102, involving a victim who is a child. "Eligible entity" means a state or local government with significant child-trafficking activity, demonstrated cooperation across agencies, a workable plan covering shelter, trauma-informed care, specialized training, prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing sexual acts with children; cooperation or referral agreements with organizations providing outreach or related services to runaway and homeless youth; law-enforcement protocols to screen every person arrested for prostitution, adult or child, for victimization by sex trafficking* and other crimes such as sexual assault and domestic violence; and cooperation or referral agreements with State child-welfare agencies and child-advocacy centers, and that assures victims won't have to cooperate with law enforcement to get services.
(l) Grant accountability; specialized victims' service requirement. No grant money can go to any group unless it has real experience serving trafficking victims or similar populations, or has staff specially trained to treat trafficking victims.
The Attorney General may award block grants to an eligible entity to develop, improve, or expand domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and qualified victims’ services organizations in collaborating to rescue and restore the lives of victims, while investigating and prosecuting offenses involving child human trafficking.
Grants awarded under subsection (a) may be used for—
the establishment or enhancement of specialized training programs for law enforcement officers, first responders, health care officials, child welfare officials, juvenile justice personnel, prosecutors, and judicial personnel to—
identify victims and acts of child human trafficking;
address the unique needs of child victims of human trafficking;
facilitate the rescue of child victims of human trafficking;
investigate and prosecute acts of human trafficking, including the soliciting, patronizing, or purchasing of commercial sex acts from children, as well as training to build cases against complex criminal networks involved in child human trafficking; and
utilize, implement, and provide education on safe harbor laws enacted by States, aimed at preventing the criminalization and prosecution of child sex trafficking* victims for prostitution offenses, and other laws aimed at the investigation and prosecution of child human trafficking;
the establishment or enhancement of dedicated anti-trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims, including—
funding salaries, in whole or in part, for law enforcement officers, including patrol officers, detectives, and investigators, except that the percentage of the salary of the law enforcement officer paid for by funds from a grant awarded under this section shall not be more than the percentage of the officer’s time on duty that is dedicated to working on cases involving child human trafficking;
investigation expenses for cases involving child human trafficking, including—
wire taps;
consultants with expertise specific to cases involving child human trafficking;
travel; and
other technical assistance expenditures;
dedicated anti-trafficking prosecution units, including the funding of salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of child human trafficking offenders, except that the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall be not more than the percentage of the total number of hours worked by the prosecutor that is spent working on cases involving child human trafficking;
the establishment of child human trafficking victim witness safety, assistance, and relocation programs that encourage cooperation with law enforcement investigations of crimes of child human trafficking by leveraging existing resources and delivering child human trafficking victims’ services through coordination with—
child advocacy centers;
social service agencies;
State governmental health service agencies;
housing agencies;
legal services agencies; and
nongovernmental organizations and shelter service providers with substantial experience in delivering wrap-around services to victims of child human trafficking; and
the establishment or enhancement of other necessary victim assistance programs or personnel, such as victim or child advocates, child-protective services, child forensic interviews, or other necessary service providers;
activities of law enforcement agencies to find homeless and runaway youth, including salaries and associated expenses for retired Federal law enforcement officers assisting the law enforcement agencies in finding homeless and runaway youth; and
the establishment or enhancement of problem solving court programs for trafficking victims that include—
mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph;
continuing judicial supervision of victims of child human trafficking, including case worker or child welfare supervision in collaboration with judicial officers, who have been identified by a law enforcement or judicial officer as a potential victim of child human trafficking, regardless of whether the victim has been charged with a crime related to human trafficking;
the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including—
State-administered outpatient treatment;
life skills training;
housing placement;
vocational training;
education;
family support services; and
job placement;
centralized case management involving the consolidation of all of each child human trafficking victim’s cases and offenses, and the coordination of all trafficking victim treatment programs and social services;
regular and mandatory court appearances by the victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness;
the ultimate dismissal of relevant non-violent criminal charges against the victim, where such victim successfully complies with the terms of the court-ordered treatment program; and
collaborative efforts with child advocacy centers, child welfare agencies, shelters, and nongovernmental organizations with substantial experience in delivering wrap-around services to victims of child human trafficking to provide services to victims and encourage cooperation with law enforcement.
An eligible entity shall submit an application to the Attorney General for a grant under this section in such form and manner as the Attorney General may require.
An application submitted under this subsection shall—
describe the activities for which assistance under this section is sought;
include a detailed plan for the use of funds awarded under the grant;
provide such additional information and assurances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section; and
disclose—
any other grant funding from the Department of Justice or from any other Federal department or agency for purposes similar to those described in subsection (b) for which the eligible entity has applied, and which application is pending on the date of the submission of an application under this section; and
any other such grant funding that the eligible entity has received during the 5-year period ending on the date of the submission of an application under this section.
In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if—
the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or
the application includes a plan by the State or unit of local government to continue funding of all activities funded by the award after the expiration of the award.
No eligible entity shall be disadvantaged in being awarded a grant under subsection (a) on the grounds that the eligible entity has only recently begun soliciting data on child human trafficking.
A grant under this section shall expire 3 years after the date of award of the grant.
A grant under this section shall be renewable not more than 2 times and for a period of not greater than 2 years.
The Attorney General shall—
enter into a contract with a nongovernmental organization, including an academic or nonprofit organization, that has experience with issues related to child human trafficking and evaluation of grant programs to conduct periodic evaluations of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under this section;
instruct the Inspector General of the Department of Justice to review evaluations issued under paragraph (1) to determine the methodological and statistical validity of the evaluations; and
submit the results of any evaluation conducted pursuant to paragraph (1) to—
the Committee on the Judiciary of the Senate; and
the Committee on the Judiciary of the House of Representatives.
An eligible entity awarded funds under this section that is found to have used grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the block grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.
An eligible entity shall not be eligible to receive a grant under this section if within the 5 fiscal years before submitting an application for a grant under this section, the grantee has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.
The cost of administering the grants authorized by this section shall not exceed 5 percent of the total amount expended to carry out this section.
The Federal share of the cost of a program funded by a grant awarded under this section shall be—
70 percent in the first year;
60 percent in the second year; and
50 percent in the third year, and in all subsequent years.
For purposes of carrying out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds available in the Domestic Trafficking Victims’ Fund, established under section 3014 of title 18, for each of fiscal years 2016 through 2020.
In this section—
the term “child” means a person under the age of 18;
the term “child advocacy center” means a center created under subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.); 1
the term “child human trafficking” means 1 or more severe forms of trafficking in persons* (as defined in section 7102 of title 22) involving a victim who is a child; and
the term “eligible entity” means a State or unit of local government that—
has significant criminal activity involving child human trafficking;
has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking;
has developed a workable, multi-disciplinary plan to combat child human trafficking, including—
the establishment of a shelter for victims of child human trafficking, through existing or new facilities;
the provision of trauma-informed, gender-responsive rehabilitative care to victims of child human trafficking;
the provision of specialized training for law enforcement officers and social service providers for all forms of human trafficking, with a focus on domestic child human trafficking;
prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children;
cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth;
law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or child, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and
cooperation or referral agreements with State child welfare agencies and child advocacy centers; and
provides an assurance that, under the plan under subparagraph (C), a victim of child human trafficking shall not be required to collaborate with law enforcement officers to have access to any shelter or services provided with a grant under this section.
No grant funds under this section may be awarded or transferred to any entity unless such entity has demonstrated substantial experience providing services to victims of human trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of human trafficking victims.
Source credit: (Pub. L. 109–164, title II, § 203, Jan. 10, 2006, 119 Stat. 3570; Pub. L. 110–457, title III, § 302(4), Dec. 23, 2008, 122 Stat. 5087; Pub. L. 114–22, title I, § 103(a), May 29, 2015, 129 Stat. 231.)
- 2006Enacted · Pub. L. 109-164 · 119 Stat. 3570
- 2008Amended · Pub. L. 110-457 · 122 Stat. 5087
- 2015Amended · Pub. L. 114-22 · 129 Stat. 231
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-164 on 2006-01-10.
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