34 U.S.C. § 20705 — Enhancing State and local efforts to com-

Page 497 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20705 1 See References in Text note below. ‘‘(ii) seek to recoup the costs of the repayment to the fund from the recipient of the covered grant that was erroneously awarded grant funds. ‘‘(2) NONPROFIT ORGANIZATION REQUIREMENTS.— ‘‘(A) DEFINITION.—For purposes of this paragraph and each covered grant program, the term ‘non- profit organization’ means an organization that is described in section 501(c)(3) of the Internal Rev- enue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code. ‘‘(B) PROHIBITION.—A covered grant may not be awarded to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. 511(a)]. ‘‘(C) DISCLOSURE.—Each nonprofit organization that is awarded a covered grant and uses the proce- dures prescribed in regulations to create a rebut- table presumption of reasonableness for the com- pensation of its officers, directors, trustees, and key employees, shall disclose to the applicable cov- ered official, in the application for the covered grant, the process for determining such compensa- tion, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous sub- stantiation of the deliberation and decision. Upon request, a covered official shall make the informa- tion disclosed under this subparagraph available for public inspection. ‘‘(3) CONFERENCE EXPENDITURES.— ‘‘(A) LIMITATION.—No amounts made available to a covered agency to carry out a covered grant pro- gram may be used by a covered official, or by any individual or entity awarded discretionary funds through a cooperative agreement under a covered grant program, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the covered agency, unless the covered official provides prior written authoriza- tion that the funds may be expended to host the conference. ‘‘(B) WRITTEN APPROVAL.—Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, includ- ing the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertain- ment. ‘‘(C) REPORT.— ‘‘(i) DEPARTMENT OF JUSTICE.—The Deputy At- torney General shall submit an annual report to the appropriate committees of Congress on all conference expenditures approved under this paragraph. ‘‘(ii) DEPARTMENT OF HEALTH AND HUMAN SERV- ICES.—The Deputy Secretary of Health and Human Services shall submit to the appropriate committees of Congress an annual report on all conference expenditures approved under this paragraph. ‘‘(iii) DEPARTMENT OF HOMELAND SECURITY.—The Deputy Secretary of Homeland Security shall submit to the appropriate committees of Congress an annual report on all conference expenditures approved under this paragraph. ‘‘(4) ANNUAL CERTIFICATION.—Beginning in the first fiscal year beginning after the date of enactment of this Act, each covered official shall submit to the ap- propriate committees of Congress an annual certifi- cation— ‘‘(A) indicating whether— ‘‘(i) all audits issued by the Office of the Inspec- tor General of the applicable covered agency under paragraph (1) have been completed and re- viewed by the appropriate official; ‘‘(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and ‘‘(iii) all reimbursements required under para- graph (1)(E) have been made; and ‘‘(B) that includes a list of any recipients of a covered grant excluded under paragraph (1) from the previous year. ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— ‘‘(1) IN GENERAL.—Before a covered official awards a covered grant, the covered official shall compare po- tential awards under the covered grant program with other covered grants awarded to determine if dupli- cate grant awards are awarded for the same purpose. ‘‘(2) REPORT.—If a covered official awards duplicate covered grants to the same applicant for the same purpose the covered official shall submit to the ap- propriate committees of Congress a report that in- cludes— ‘‘(A) a list of all duplicate covered grants award- ed, including the total dollar amount of any dupli- cate covered grants awarded; and ‘‘(B) the reason the covered official awarded the duplicate covered grants.’’ § 20705. Enhancing State and local efforts to com- bat trafficking in persons (a) Establishment of grant program for law en- forcement (1) In general The Attorney General may make grants to States and local law enforcement agencies to establish, develop, expand, or strengthen pro- grams— (A) to investigate and prosecute acts of se- vere forms of trafficking in persons, and re- lated offenses that occur, in whole or in part, within the territorial jurisdiction of the United States; (B) to train law enforcement personnel how to identify victims of severe forms of trafficking in persons and related offenses; (C) to investigate and prosecute persons who engage in the purchase of commercial sex acts and prioritize the investigations and prosecutions of those cases involving minor victims; (D) to educate persons charged with, or convicted of, purchasing or attempting to purchase commercial sex acts; (E) to educate and train law enforcement personnel in how to establish trust of per- sons subjected to trafficking and encourage cooperation with prosecution efforts; and (F) as appropriate, to designate at least 1 prosecutor for cases of severe forms of traf- ficking in persons (as such term is defined in section 7102(9) 1 of title 22). (2) Definition In this subsection, the term ‘‘related of- fenses’’ includes violations of tax laws, transacting in illegally derived proceeds, money laundering, racketeering, and other violations of criminal laws committed in con- nection with an act of sex trafficking or a se- vere form of trafficking in persons. (b) Multi-disciplinary approach required Grants under subsection (a) may be made only for programs in which the State or local law en- forcement agency works collaboratively with so- cial service providers and relevant nongovern- mental organizations, including organizations with experience in the delivery of services to persons who are the subject of trafficking in per- sons. Page 498 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20705a (c) Limitation on Federal share The Federal share of a grant made under this section may not exceed 75 percent of the total costs of the projects described in the application submitted. (d) No limitation on section 20702 grant applica- tions An entity that applies for a grant under sec- tion 20702 of this title is not prohibited from also applying for a grant under this section. (e) Authorization of appropriations There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2014 through 2021. (f) GAO evaluation and report Not later than 30 months after March 7, 2013, the Comptroller General of the United States shall conduct a study of and submit to Congress a report evaluating the impact of this section on— (1) the ability of law enforcement personnel to identify victims of severe forms of traf- ficking in persons and investigate and pros- ecute cases against offenders, including of- fenders who engage in the purchasing of com- mercial sex acts with a minor; and (2) recommendations, if any, regarding any legislative or administrative action the Comp- troller General determines appropriate to im- prove the ability described in paragraph (1). (Pub. L. 109–164, title II, § 204, Jan. 10, 2006, 119 Stat. 3571; Pub. L. 110–457, title III, § 302(5), Dec. 23, 2008, 122 Stat. 5087; Pub. L. 113–4, title XII, § 1242, Mar. 7, 2013, 127 Stat. 153; Pub. L. 115–393, title III, § 301(c), Dec. 21, 2018, 132 Stat. 5272; Pub. L. 115–425, title I, § 122, Jan. 8, 2019, 132 Stat. 5479.) Editorial Notes REFERENCES IN TEXT Section 7102(9) of title 22, referred to in subsec. (a)(1)(F), was redesignated section 7102(11) of title 22 by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. CODIFICATION Section was formerly classified to section 14044c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2019—Subsec. (a)(1)(F). Pub. L. 115–425 added subpar. (F). 2018—Subsec. (e). Pub. L. 115–393 substituted ‘‘2021’’ for ‘‘2017’’. 2013—Subsec. (a)(1)(A). Pub. L. 113–4, § 1242(1)(A), struck out ‘‘, which involve United States citizens, or aliens admitted for permanent residence, and’’ after ‘‘related offenses’’. Subsec. (a)(1)(B) to (E). Pub. L. 113–4, § 1242(1)(B)–(D), added subpar. (B), redesignated former subpars. (B) to (D) as (C) to (E), respectively, and in subpar. (C) in- serted ‘‘and prioritize the investigations and prosecu- tions of those cases involving minor victims’’ after ‘‘commercial sex acts’’. Subsec. (d). Pub. L. 113–4, § 1242(3), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 113–4, § 1242(2), (4), redesignated subsec. (d) as (e) and substituted ‘‘$10,000,000 for each of the fiscal years 2014 through 2017’’ for ‘‘$20,000,000 for each of the fiscal years 2008 through 2011’’. Subsec. (f). Pub. L. 113–4, § 1242(5), added subsec. (f). 2008—Subsec. (d). Pub. L. 110–457 substituted ‘‘$20,000,000 for each of the fiscal years 2008 through 2011’’ for ‘‘$25,000,000 for each of the fiscal years 2006 and 2007’’. § 20705a. Enhancing the ability of State, local, and Tribal child welfare agencies to identify and respond to children who are, or are at risk of being, victims of trafficking (a) Grants to enhance child welfare services The Secretary of Health and Human Services may make grants to eligible States to develop, improve, or expand programs that assist State, local, or Tribal child welfare agencies with iden- tifying and responding to— (1) children considered victims of ‘‘child abuse and neglect’’ and of ‘‘sexual abuse’’ under the application of section 5106g(b)(1) of title 42 because of being identified as being a victim or at risk of being a victim of a severe form of trafficking in persons; and (2) children over whom such agencies have responsibility for placement, care, or super- vision and for whom there is reasonable cause to believe are, or are at risk of being a victim of 1 or more severe forms of trafficking in per- sons. (b) Definitions In this section: (1) Child The term ‘‘child’’ means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act (42 U.S.C. 675(8)). At the option of an eligible State, such term may include an individual who has not attained 26 years of age. (2) Eligible State The term ‘‘eligible State’’ means a State that has not received more than 3 grants under this section and meets 1 or more of the following criteria: (A) Elimination of third party control re- quirement The State has eliminated or will eliminate any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of trafficking or a victim of 1 or more severe forms of trafficking in persons for purposes of accessing child welfare services and care. (B) Application of standard for human traf- ficking The State considers a child to be a victim of trafficking if the individual is a victim of a severe form of trafficking in persons, as described in subparagraph (A) of section 7102(11) of title 22. (C) Development and implementation of State child welfare plan protocols The State agency responsible for admin- istering the State plan for foster care and adoption assistance under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) has developed and is implementing or