34 U.S.C. § 20305 — Grants for specialized technical assist-

Page 473 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20305 1 See References in Text note below. and applicable only with respect to fiscal years begin- ning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107–273, as amended, set out as a note under section 11101 of this title. § 20305. Grants for specialized technical assist- ance and training programs (a) In general The Administrator shall make grants to na- tional organizations to provide technical assist- ance and training to— (1) prosecutors and other attorneys and al- lied professionals instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of improving the quality of criminal prosecution of such cases; and (2) child abuse professionals instrumental to the protection of children, intervention in child abuse cases, and treatment of victims of child abuse, for the purpose of— (A) improving the quality of such protec- tion, intervention, and treatment; and (B) promoting the effective delivery of the evidence-informed Children’s Advocacy Cen- ter Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial over- sight of Federal funding. (b) Grantee organizations (1) Prosecutors An organization to which a grant is made for specific training and technical assistance for prosecutors under subsection (a)(1) shall be one that has— (A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and (B) demonstrated experience in providing training and technical assistance for pros- ecutors. (2) Child abuse professionals An organization to which a grant is made for specific training and technical assistance for child abuse professionals under subsection (a)(2) shall be one that has— (A) a diverse portfolio of training and technical resources for the diverse profes- sionals responding to child abuse, including a digital library to promote evidence-in- formed practice; and (B) demonstrated experience in providing training and technical assistance for child abuse professionals, especially law enforce- ment officers, child protective service work- ers, prosecutors, forensic interviewers, med- ical professionals, victim advocates, and mental health professionals. (c) Grant criteria (1) The Administrator shall establish the cri- teria to be used for evaluating applications for grants under this section, consistent with sec- tions 11183 and 11186 of this title. (2) The grant criteria established pursuant to paragraph (1) shall require, in the case of a grant made under subsection (a)(1), that a program provide training and technical assistance that includes information regarding improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court, including the use of alternative courtroom procedures de- scribed in this title.1 (Pub. L. 101–647, title II, § 214A, formerly § 213, Nov. 29, 1990, 104 Stat. 4793; renumbered § 214A and amended Pub. L. 102–586, § 6(b)(1), (d), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 107–273, div. C, title II, § 12221(b)(1)(B), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 115–424, § 2(e), (h)(3), Jan. 7, 2019, 132 Stat. 5469, 5470; Pub. L. 117–354, § 3(5), Jan. 5, 2023, 136 Stat. 6276.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsec. (c)(2), means title II of Pub. L. 101–647, known as the Victims of Child Abuse Act of 1990, which is classified principally to this chap- ter. For complete classification of title II to the Code, see Short Title of 1990 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 13003 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 117–354, § 3(5)(A)(i), sub- stituted ‘‘prosecutors and other attorneys and allied’’ for ‘‘attorneys and other allied’’. Subsec. (a)(2)(B). Pub. L. 117–354, § 3(5)(A)(ii), inserted ‘‘Center’’ after ‘‘Advocacy’’. Subsec. (b)(1)(A). Pub. L. 117–354, § 3(5)(B), added sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘a broad representation of attorneys who prosecute criminal cases in State courts; and’’. 2019—Subsec. (a). Pub. L. 115–424, § 2(e)(1), substituted ‘‘to—’’ and pars. (1) and (2) for ‘‘to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of im- proving the quality of criminal prosecution of such cases.’’ Subsec. (b). Pub. L. 115–424, § 2(e)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘An organization to which a grant is made pursuant to subsection (a) shall be one that has, or is affiliated with one that has, broad member- ship among attorneys who prosecute criminal cases in State courts and has demonstrated experience in pro- viding training and technical assistance for prosecu- tors.’’ Subsec. (c)(1). Pub. L. 115–424, § 2(h)(3), made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title. Subsec. (c)(2). Pub. L. 115–424, § 2(e)(3), inserted ‘‘, in the case of a grant made under subsection (a)(1),’’ after ‘‘shall require’’. 2002—Subsec. (c)(1). Pub. L. 107–273 substituted ‘‘sec- tions 5673 and 5676 of this title’’ for ‘‘sections 5665a, 5673, and 5676 of this title’’. 1992—Subsecs. (a), (c)(1). Pub. L. 102–586, § 6(d), sub- stituted ‘‘Administrator’’ for ‘‘Director’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–273 effective on the first day of the first fiscal year that begins after Nov. 2, 2002, Page 474 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20306 and applicable only with respect to fiscal years begin- ning on or after the first day of the first fiscal year that begins after Nov. 2, 2002, see section 12223 of Pub. L. 107–273, as amended, set out as a note under section 11101 of this title. § 20306. Authorization of appropriations There are authorized to be appropriated to carry out sections 20303, 20304, and 20305 of this title, $40,000,000 for each of fiscal years 2022 through 2028. (Pub. L. 101–647, title II, § 214B, as added Pub. L. 117–354, § 3(6), Jan. 5, 2023, 136 Stat. 6277.) Editorial Notes PRIOR PROVISIONS A prior section 20306, Pub. L. 101–647, title II, § 214B, formerly § 214, Nov. 29, 1990, 104 Stat. 4794; renumbered § 214B and amended Pub. L. 102–586, § 6(b)(1), (e), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 104–235, title II, § 232, Oct. 3, 1996, 110 Stat. 3092; Pub. L. 108–21, title III, § 381(b), Apr. 30, 2003, 117 Stat. 667; Pub. L. 113–163, § 2(a), Aug. 8, 2014, 128 Stat. 1864; Pub. L. 115–424, § 2(f), Jan. 7, 2019, 132 Stat. 5469, which authorized appropriations for sections 20303, 20304, and 20305 of this title for fiscal years 2019 through 2023, was repealed by Pub. L. 117–354, § 3(6), Jan. 5, 2023, 136 Stat. 6277. § 20307. Accountability (a) In general All grants awarded by the Administrator under this subchapter shall be subject to the fol- lowing accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term ‘‘unresolved audit finding’’ means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unau- thorized expenditure or otherwise unallow- able cost that is not closed or resolved with- in 12 months from the date when the final audit report is issued and any appeal has been completed. (B) Audit The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subchapter to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be au- dited each year. (C) Mandatory exclusion A recipient of grant funds under this sub- chapter that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subchapter during the following 2 fiscal years. (D) Priority In awarding grants under this subchapter, the Administrator shall give priority to eli- gible entities that did not have an unre- solved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subchapter. (E) Reimbursement If an entity is awarded grant funds under this subchapter during the 2-fiscal-year pe- riod in which the entity is barred from re- ceiving grants under paragraph (2), the Ad- ministrator shall— (i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repay- ment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph, the term ‘‘nonprofit organization’’ means an organiza- tion that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) Prohibition The Administrator may not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26. (C) Disclosure Each nonprofit organization that is award- ed a grant under this subchapter and uses the procedures prescribed in regulations to create a rebuttable presumption of reason- ableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the appli- cation for the grant, the process for deter- mining such compensation, including the independent persons involved in reviewing and approving such compensation, the com- parability data used, and contemporaneous substantiation of the deliberation and deci- sion. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this sub- chapter may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, un- less the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Ad- ministrator, provides prior written author- ization through an award process or subse- quent application that the funds may be ex- pended to host a conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio- visual equipment, honoraria for speakers, and any entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the