34 U.S.C. § 20702 — Establishment of a grant program to de-

Page 489 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20702 (c) The Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall, in coordination and consistent with applicable law: (i) improve methodologies of estimating the preva- lence of human trafficking, including in specific sectors or regions, and monitoring the impact of anti-traf- ficking efforts and publish such methodologies as ap- propriate; and (ii) establish estimates of the prevalence of human trafficking in the United States. SEC. 3. Prosecuting Human Traffickers and Individuals Who Exploit Children Online. (a) The Attorney General, through the Federal Enforcement Working Group, in collaboration with the Secretary of Labor and the Sec- retary of Homeland Security, shall: (i) improve interagency coordination with respect to targeting traffickers, determining threat assessments, and sharing law enforcement intelligence to build on the Administration’s commitment to the continued success of ongoing anti-trafficking enforcement initia- tives, such as the Anti-Trafficking Coordination Team and the U.S.-Mexico Bilateral Human Trafficking En- forcement Initiatives; and (ii) coordinate activities, as appropriate, with the Task Force on Missing and Murdered American Indians and Alaska Natives as established by Executive Order 13898 of November 26, 2019 (Establishing the Task Force on Missing and Murdered American Indians and Alaska Natives) [25 U.S.C. 2801 note]. (b) The Attorney General and the Secretary of Home- land Security, and other heads of executive depart- ments and agencies as appropriate, shall, within 180 days of the date of this order [Jan. 31, 2020], propose to the President, through the Director of the Domestic Policy Council, legislative and executive actions that would overcome information-sharing challenges and improve law enforcement’s capabilities to detect in real-time the sharing of child sexual abuse material on the internet, including material referred to in Federal law as ‘‘child pornography.’’ Overcoming these chal- lenges would allow law enforcement officials to more efficiently identify, protect, and rescue victims of on- line child sexual exploitation; investigate and pros- ecute alleged offenders; and eliminate the child sexual abuse material online. SEC. 4. Protecting Victims of Human Trafficking and Child Exploitation. (a) The Attorney General, the Sec- retary of Health and Human Services, and the Sec- retary of Homeland Security, and other heads of execu- tive departments and agencies as appropriate, shall work together to enhance capabilities to locate chil- dren who are missing, including those who have run away from foster care and those previously in Federal custody, and are vulnerable to human trafficking and child exploitation. In doing so, such heads of executive departments and agencies, [sic] shall, as appropriate, engage social media companies; the technology indus- try; State, local, tribal and territorial child welfare agencies; the National Center for Missing and Ex- ploited Children; and law enforcement at all levels. (b) The Secretary of Health and Human Services, in consultation with the Secretary of Housing and Urban Development, shall establish an internal working group to develop and incorporate practical strategies for State, local, and tribal governments, child welfare agencies, and faith-based and other community organi- zations to expand housing options for victims of human trafficking. SEC. 5. Preventing Human Trafficking and Child Exploi- tation Through Education Partnerships. The Attorney General and the Secretary of Homeland Security, in co- ordination with the Secretary of Education, shall part- ner with State, local, and tribal law enforcement enti- ties to fund human trafficking and child exploitation prevention programs for our Nation’s youth in schools, consistent with applicable law and available appropria- tions. SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 20702. Establishment of a grant program to de- velop, expand, and strengthen assistance programs for certain persons subject to traf- ficking (a) Definitions In this section: (1) Assistant Secretary The term ‘‘Assistant Secretary’’ means the Assistant Secretary for Children and Families of the Department of Health and Human Serv- ices. (2) Assistant Attorney General The term ‘‘Assistant Attorney General’’ means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice. (3) Eligible entity The term ‘‘eligible entity’’ means a State or unit of local government that— (A) has significant criminal activity in- volving sex trafficking of minors; (B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecu- tors, and social service providers in address- ing sex trafficking of minors; (C) has developed a workable, multi-dis- ciplinary plan to combat sex trafficking of minors, including— (i) building or establishing a residential care facility for minor victims of sex traf- ficking; (ii) the provision of rehabilitative care to minor victims of sex trafficking; (iii) the provision of specialized training for law enforcement officers and social service providers for all forms of sex traf- ficking, with a focus on sex trafficking of minors; (iv) prevention, deterrence, and prosecu- tion of offenses involving sex trafficking of minors; (v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and (vi) law enforcement protocols or proce- dures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and (D) provides assurance that a minor victim of sex trafficking shall not be required to Page 490 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20702 collaborate with law enforcement to have access to residential care or services pro- vided with a grant under this section. (4) Minor victim of sex trafficking The term ‘‘minor victim of sex trafficking’’ means an individual who— (A) is younger than 18 years of age, and is a victim of an offense described in section 1591(a) of title 18 or a comparable State law; or (B)(i) is not younger than 18 years of age nor older than 20 years of age; (ii) before the individual reached 18 years of age, was described in subparagraph (A); and (iii) was receiving shelter or services as a minor victim of sex trafficking. (5) Qualified nongovernmental organization The term ‘‘qualified nongovernmental orga- nization’’ means an organization that— (A) is not a State or unit of local govern- ment, or an agency of a State or unit of local government; (B) has demonstrated experience providing services to victims of sex trafficking or re- lated populations (such as runaway and homeless youth), or employs staff special- ized in the treatment of sex trafficking vic- tims; and (C) demonstrates a plan to sustain the pro- vision of services beyond the period of a grant awarded under this section. (6) Sex trafficking of a minor The term ‘‘sex trafficking of a minor’’ means an offense described in section 1591(a) of title 18 or a comparable State law, against a minor. (b) Sex trafficking block grants (1) Grants authorized (A) In general The Assistant Attorney General, in con- sultation with the Assistant Secretary, may make block grants to 4 eligible entities lo- cated in different regions of the United States to combat sex trafficking of minors. (B) Requirement Not fewer than 1 of the block grants made under subparagraph (A) shall be awarded to an eligible entity with a State population of less than 5,000,000. (C) Grant amount Subject to the availability of appropria- tions under subsection (g) to carry out this section, each grant made under this section shall be for an amount not less than $1,500,000 and not greater than $2,000,000. (D) Duration (i) In general A grant made under this section shall be for a period of 1 year. (ii) Renewal (I) In general The Assistant Attorney General may renew a grant under this section for up to 3 1-year periods. (II) Priority In making grants in any fiscal year after the first fiscal year in which grants are made under this section, the Assist- ant Attorney General shall give priority to an eligible entity that received a grant in the preceding fiscal year and is eligible for renewal under this subpara- graph, taking into account any evalua- tion of the eligible entity conducted under paragraph (4), if available. (E) Consultation In carrying out this section, the Assistant Attorney General shall consult with the As- sistant Secretary with respect to— (i) evaluations of grant recipients under paragraph (4); (ii) avoiding unintentional duplication of grants; and (iii) any other areas of shared concern. (2) Use of funds (A) Allocation Not less than 67 percent of each grant made under paragraph (1) shall be used by the eligible entity to provide residential care and services (as described in clauses (i) through (iv) of subparagraph (B)) to minor victims of sex trafficking through qualified nongovernmental organizations. (B) Authorized activities Grants awarded pursuant to paragraph (2) may be used for— (i) providing residential care to minor victims of sex trafficking, including tem- porary or long-term placement as appro- priate; (ii) providing 24-hour emergency social services response for minor victims of sex trafficking; (iii) providing minor victims of sex traf- ficking with clothing and other daily ne- cessities needed to keep such victims from returning to living on the street; (iv) case management services for minor victims of sex trafficking; (v) mental health counseling for minor victims of sex trafficking, including spe- cialized counseling and substance abuse treatment; (vi) legal services for minor victims of sex trafficking; (vii) specialized training for social serv- ice providers, public sector personnel, and private sector personnel likely to encoun- ter sex trafficking victims on issues re- lated to the sex trafficking of minors and severe forms of trafficking in persons; (viii) outreach and education programs to provide information about deterrence and prevention of sex trafficking of mi- nors; (ix) programs to provide treatment to in- dividuals charged or cited with purchasing or attempting to purchase sex acts in cases where— (I) a treatment program can be man- dated as a condition of a sentence, fine, suspended sentence, or probation, or is Page 491 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20702 an appropriate alternative to criminal prosecution; and (II) the individual was not charged with purchasing or attempting to pur- chase sex acts with a minor; and (x) screening and referral of minor vic- tims of severe forms of trafficking in per- sons. (3) Application (A) In general Each eligible entity desiring a grant under this section shall submit an application to the Assistant Attorney General at such time, in such manner, and accompanied by such information as the Assistant Attorney General may reasonably require. (B) Contents Each application submitted pursuant to subparagraph (A) shall— (i) describe the activities for which as- sistance under this section is sought; and (ii) provide such additional assurances as the Assistant Attorney General deter- mines to be essential to ensure compliance with the requirements of this section. (4) Evaluation The Assistant Attorney General shall enter into a contract with an academic or non-profit organization that has experience in issues re- lated to sex trafficking of minors and evalua- tion of grant programs to conduct an annual evaluation of each grant made under this sec- tion to determine the impact and effectiveness of programs funded with the grant. (5) Pilot demonstration program (A) Establishment The Assistant Attorney General, in con- sultation with the Assistant Secretary, shall establish a pilot demonstration program, through which community-based organiza- tions in underserved communities, prioritizing rural communities, in the United States may apply for funding to de- velop, implement, and build replicable treat- ment models, based on the type of housing unit that the individual being treated lives in, with supportive services and innovative care, treatment, and services. (B) Population to be served The program established pursuant to sub- paragraph (A) shall primarily serve adoles- cents and youth who— (i) are transitioning out of foster care; (ii) struggle with substance use disorder; (iii) are pregnant or parenting; or (iv) have experienced foster care involve- ment or involvement in the child welfare system, child poverty, child abuse or ne- glect, human trafficking, juvenile justice involvement, gang involvement, or home- lessness. (C) Authorized activities Funding provided under subparagraph (A) may be used for— (i) providing residential care, including temporary or long-term placement as ap- propriate; (ii) providing 24-hour emergency social services response; (iii) providing clothing and other daily necessities needed to keep individuals from returning to living on the street; (iv) case management services; (v) mental health counseling, including specialized counseling and substance abuse treatment; (vi) legal services; (vii) specialized training for social serv- ice providers, public sector personnel, and private sector personnel likely to encoun- ter sex trafficking and labor trafficking victims on issues related to the sex traf- ficking and labor trafficking of minors; and (viii) outreach and education programs to provide information about deterrence and prevention of sex trafficking and labor trafficking of minors. (D) Funding priority The Assistant Attorney General shall give funding priority to community-based pro- grams that provide crisis stabilization, emergency shelter, and addiction treatment for adolescents and transitional age residen- tial programs that have reputable outcomes. (c) Mandatory exclusion An eligible entity that receives a grant under this section that is found to have utilized grant funds for any unauthorized expenditure or other- wise unallowable cost shall not be eligible for any grant funds awarded under the grant for 2 fiscal years following the year in which the un- authorized expenditure or unallowable cost is reported. (d) Compliance requirement An eligible entity shall not be eligible to re- ceive a grant under this section if, during the 5 fiscal years before the eligible entity submits an application for the grant, the eligible entity has been found to have violated the terms or condi- tions of a Government grant program by uti- lizing grant funds for unauthorized expenditures or otherwise unallowable costs. (e) Administrative cap The cost of administering the grants author- ized by this section shall not exceed 3 percent of the total amount appropriated to carry out this section. (f) Audit requirement For fiscal years 2016 and 2017, the Inspector General of the Department of Justice shall con- duct an audit of all 4 eligible entities that re- ceive block grants under this section. (g) Match requirement An eligible entity that receives a grant under this section shall provide a non-Federal match in an amount equal to not less than— (1) 15 percent of the grant during the first year; (2) 25 percent of the grant during the first re- newal period; (3) 40 percent of the grant during the second renewal period; and (4) 50 percent of the grant during the third renewal period. Page 492 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20703 (h) No limitation on section 20705 grants An entity that applies for a grant under sec- tion 20705 of this title is not prohibited from also applying for a grant under this section. (i) Authorization of appropriations There are authorized to be appropriated $8,000,000 to the Attorney General for each of the fiscal years 2018 through 2021 to carry out this section. (j) GAO evaluation Not later than 30 months after March 7, 2013, the Comptroller General of the United States shall submit a report to Congress that con- tains— (1) an evaluation of the impact of this sec- tion in aiding minor victims of sex trafficking in the jurisdiction of the entity receiving the grant; and (2) recommendations, if any, regarding any legislative or administrative action the Comp- troller General determines appropriate. (Pub. L. 109–164, title II, § 202, Jan. 10, 2006, 119 Stat. 3569; Pub. L. 110–457, title III, § 302(3), Dec. 23, 2008, 122 Stat. 5087; Pub. L. 113–4, title XII, § 1241(a), Mar. 7, 2013, 127 Stat. 149; Pub. L. 115–393, title III, § 301(e)(1)(A), (3), Dec. 21, 2018, 132 Stat. 5272; Pub. L. 117–348, title I, § 103, Jan. 5, 2023, 136 Stat. 6215.) Editorial Notes REFERENCES IN TEXT March 7, 2013, referred to in subsec. (j), was in the original ‘‘the date of the enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 113–4, which amended this section generally, to reflect the probable intent of Congress. CODIFICATION Section was formerly classified to section 14044a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2023—Subsec. (b)(5). Pub. L. 117–348 added par. (5). 2018—Pub. L. 115–393, § 301(e)(1)(A), amended section to read as it read on Mar 6, 2017. See 2013 Amendment note below. Prior to amendment, section consisted of subsecs. (a) to (d) relating to grant programs to de- velop, expand, and strengthen assistance programs for certain persons subject to trafficking. Subsec. (i). Pub. L. 115–393, § 301(e)(3), substituted ‘‘2018 through 2021’’ for ‘‘2014 through 2017’’. 2013—Pub. L. 113–4 temporarily amended section gen- erally, so as to consist of subsecs. (a) to (j) relating to grant programs to develop, expand, and strengthen as- sistance programs for certain persons subject to traf- ficking. See Effective and Termination Dates of 2013 Amendment note below. 2008—Subsec. (d). Pub. L. 110–457 substituted ‘‘$8,000,000 for each of the fiscal years 2008 through 2011’’ for ‘‘$10,000,000 for each of the fiscal years 2006 and 2007’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–393, title III, § 301(e)(2), Dec. 21, 2018, 132 Stat. 5272, provided that: ‘‘The amendments made by paragraph (1) [amending this section and repealing pro- visions set out as a note under this section] shall take effect as though enacted on March 6, 2017.’’ EFFECTIVE AND TERMINATION DATES OF 2013 AMENDMENT Pub. L. 113–4, title XII, § 1241(b), Mar. 7, 2013, 127 Stat. 153, which provided that the amendment made to this section by section 1241(a) of Pub. L. 113–4 would be ef- fective during the 4-year period beginning on Mar. 7, 2013, was repealed by Pub. L. 115–393, title III, § 301(e)(1)(B), Dec. 21, 2018, 132 Stat. 5272. § 20703. Victim-centered child human trafficking deterrence block grant program (a) Grants authorized The Attorney General may award block grants to an eligible entity to develop, improve, or ex- pand domestic child human trafficking deter- rence programs that assist law enforcement offi- cers, 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. (b) Authorized activities Grants awarded under subsection (a) may be used for— (1) the establishment or enhancement of spe- cialized training programs for law enforce- ment officers, first responders, health care of- ficials, child welfare officials, juvenile justice personnel, prosecutors, and judicial personnel to— (A) identify victims and acts of child human trafficking; (B) address the unique needs of child vic- tims of human trafficking; (C) facilitate the rescue of child victims of human trafficking; (D) 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 net- works involved in child human trafficking; and (E) utilize, implement, and provide edu- cation on safe harbor laws enacted by States, aimed at preventing the criminaliza- tion and prosecution of child sex trafficking victims for prostitution offenses, and other laws aimed at the investigation and prosecu- tion of child human trafficking; (2) the establishment or enhancement of dedicated anti-trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue vic- tims, including— (A) funding salaries, in whole or in part, for law enforcement officers, including pa- trol 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; (B) investigation expenses for cases involv- ing child human trafficking, including— (i) wire taps; (ii) consultants with expertise specific to cases involving child human trafficking;