34 USC 20702 - Establishment of a grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking

U.S Code last checked for updates: Nov 26, 2024

§ 20702.

Establishment of a grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking

(a)

Definitions

In this section:

(1)

Assistant Secretary

(2)

Assistant Attorney General

(3)

Eligible entity

The term “eligible entity” means a State or unit of local government that—

(A)

has significant criminal activity involving sex trafficking of minors;

(B)

has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing sex trafficking of minors;

(C)

has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including—

(i)

building or establishing a residential care facility for minor victims of sex trafficking;

(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 trafficking, with a focus on sex trafficking of minors;

(iv)

prevention, deterrence, and prosecution 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 procedures 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 collaborate with law enforcement to have access to residential care or services provided 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 organization” means an organization that—

(A)

is not a State or unit of local government, or an agency of a State or unit of local government;

(B)

has demonstrated experience providing services to victims of sex trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of sex trafficking victims; and

(C)

demonstrates a plan to sustain the provision of services beyond the period of a grant awarded under this section.

(6)

Sex trafficking of a minor

(b)

Sex trafficking block grants

(1)

Grants authorized

(A)

In general

(B)

Requirement

(C)

Grant amount

(D)

Duration

(i)

In general

(ii)

Renewal

(I)

In general

(II)

Priority

(E)

Consultation

In carrying out this section, the Assistant Attorney General shall consult with the Assistant 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

(B)

Authorized activities

Grants awarded pursuant to paragraph (2) may be used for—

(i)

providing residential care to minor victims of sex trafficking, including temporary or long-term placement as appropriate;

(ii)

providing 24-hour emergency social services response for minor victims of sex trafficking;

(iii)

providing minor victims of sex trafficking with clothing and other daily necessities 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 specialized counseling and substance abuse treatment;

(vi)

legal services for minor victims of sex trafficking;

(vii)

specialized training for social service providers, public sector personnel, and private sector personnel likely to encounter sex trafficking victims on issues related 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 minors;

(ix)

programs to provide treatment to individuals charged or cited with purchasing or attempting to purchase sex acts in cases where—

(I)

a treatment program can be mandated as a condition of a sentence, fine, suspended sentence, or probation, or is an appropriate alternative to criminal prosecution; and

(II)

the individual was not charged with purchasing or attempting to purchase sex acts with a minor; and

(x)

screening and referral of minor victims of severe forms of trafficking in persons.

(3)

Application

(A)

In general

(B)

Contents

(i)

describe the activities for which assistance under this section is sought; and

(ii)

provide such additional assurances as the Assistant Attorney General determines to be essential to ensure compliance with the requirements of this section.

(4)

Evaluation

(5)

Pilot demonstration program

(A)

Establishment

(B)

Population to be served

The program established pursuant to subparagraph (A) shall primarily serve adolescents 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 involvement or involvement in the child welfare system, child poverty, child abuse or neglect, human trafficking, juvenile justice involvement, gang involvement, or homelessness.

(C)

Authorized activities

Funding provided under subparagraph (A) may be used for—

(i)

providing residential care, including temporary or long-term placement as appropriate;

(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 service providers, public sector personnel, and private sector personnel likely to encounter sex trafficking and labor trafficking victims on issues related to the sex trafficking 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

(c)

Mandatory exclusion

(d)

Compliance requirement

(e)

Administrative cap

(f)

Audit requirement

(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 renewal period;

(3)

40 percent of the grant during the second renewal period; and

(4)

50 percent of the grant during the third renewal period.

(h)

No limitation on section 20705 grants

(i)

Authorization of appropriations

(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 contains—

(1)

an evaluation of the impact of this section 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 Comptroller 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.)

cite as: 34 USC 20702