USC Subchapter I

in effect

34 U.S.C. § 20301 Findings

The Congress finds that— (1) over 3,400,000 reports of suspected child abuse and neglect are made each year; (2) the investigation and prosecution of child abuse cases is extremely complex, involving numerous agencies and dozens of personnel; (3) a key to a child victim healing from abuse is access to supportive and healthy families and communities; (4) traditionally, community agencies and professionals have different roles in the prevention, investigation, and intervention process; (5) in such cases, too often the system does not pay sufficient attention to the needs and welfare of the child victim, aggravating the trauma that the child victim has already experienced; (6) there is a national need to enhance coordination among community agencies and professionals involved in the intervention system; (7) multidisciplinary child abuse investigation and prosecution programs have been developed that increase the reporting of child abuse cases, reduce the trauma to the child victim, improve positive outcomes for the child, and increase the successful prosecution of child abuse offenders; (8) such programs have proven effective, and with targeted Federal assistance, have expanded dramatically throughout the United States; and (9) State chapters of children’s advocacy center networks are needed to—(A) assist local communities in coordinating their multidisciplinary child abuse investigation, prosecution, and intervention services; and (B) provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming, and operations of centers.

34 U.S.C. § 20302 Definitions

For purposes of this subchapter— (1) the term “Administrator” means the agency head designated under section 11111(b) of this title; (2) the term “applicant” means a child protective service, law enforcement, legal, medical and mental health agency or other agency that responds to child abuse cases; (3) the term “census region” means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census regions by the Bureau of the Census as of November 4, 1992; (4) the term “child abuse” means physical or sexual abuse or neglect of a child, including human trafficking and the production of child pornography; (5) the term “multidisciplinary response to child abuse” means a coordinated team response to child abuse that is based on mutually agreed upon procedures among the community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of child victims and their nonoffending family members; (6) the term “nonoffending family member” means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse; (7) the term “regional children’s advocacy program” means the children’s advocacy program established under section 20303(a) of this title; and (8) the term “State chapter” means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and organizational capacity support to local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

34 U.S.C. § 20303 Regional children’s advocacy centers

(a) Establishment and maintenance of regional children’s advocacy programThe Administrator shall establish and maintain a children’s advocacy program to—(1) focus attention on child victims by assisting communities in developing child-focused, community-oriented, facility-based programs designed to improve the resources available to children and families; (2) enhance coordination among community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that respond to child abuse cases; (3) train physicians and other health care and mental health care professionals, law enforcement officers, child protective service workers, forensic interviewers, prosecutors, victim advocates, multidisciplinary team leadership, and children’s advocacy center staff, in the multidisciplinary approach to child abuse so that trained personnel will be available to provide support to community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that respond to child abuse cases; (4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and (5) collaborate with State chapters to provide training, technical assistance, coordination, organizational capacity support, and oversight of—(A) local children’s advocacy centers; and (B) communities that want to develop local children’s advocacy centers. (b) Activities of regional children’s advocacy program(1) AdministratorThe Administrator shall—(A) establish and maintain regional children’s advocacy program centers; and (B) fund existing regional centers with expertise in multidisciplinary team investigation, trauma-informed interventions, and evidence-informed treatment, for the purpose of enabling grant recipients to provide information, services, training and technical assistance to aid communities in establishing and maintaining multidisciplinary programs that respond to child abuse. (2) Grant recipientsA grant recipient under this section shall—(A) assist communities, local children’s advocacy centers, multidisciplinary teams, and State chapters—(i) in developing and expanding a comprehensive, multidisciplinary response to child abuse that is designed to meet the needs of child victims and their families; (ii) in promoting the effective delivery of the evidence-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in—(I) organizational support and development; (II) programmatic evaluation; and (III) financial oversight of Federal funding; (iii) in establishing child-friendly facilities for the investigation and intervention in child abuse; (iv) in preventing or reducing trauma to children caused by duplicative contacts with community professionals; (v) in providing families with needed services and assisting them in regaining maximum functioning; (vi) in maintaining open communication and case coordination among community professionals and agencies involved in child protection efforts; (vii) in coordinating and tracking investigative, preventive, prosecutorial, and treatment efforts; (viii) in obtaining information useful for criminal and civil proceedings; (ix) in holding offenders accountable through improved prosecution of child abuse cases; (x) in enhancing professional skills necessary to effectively respond to cases of child abuse through training; and (xi) in enhancing community understanding of child abuse; and (B) provide training and technical assistance to local children’s advocacy centers, interested communities, and chapters in its census region that are grant recipients under section 20304 of this title. (c) Operation of regional children’s advocacy program(1) Solicitation of proposalsNot later than 1 year after November 4, 1992, the Administrator shall solicit proposals for assistance under this section. (2) Minimum qualificationsIn order for a proposal to be selected, the Administrator may require an applicant to have in existence, at the time the proposal is submitted, 1 or more of the following:(A) A proven record in conducting activities of the kinds described in subsection (c). (B) A facility where children who are victims of sexual or physical abuse and their nonoffending family members can go for the purpose of investigation and intervention in child abuse. (C) Multidisciplinary staff experienced in providing evidence-informed services for children and families. (D) Experience in serving as a center for training and education and as a resource facility. (E) National expertise in providing technical assistance to communities with respect to the multidisciplinary response to child abuse. (3) Proposal requirements(A) In generalA proposal submitted in response to the solicitation under paragraph (1) shall—(i) include a single or multiyear management plan that outlines how the applicant will provide information, services, and technical assistance to communities and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children’s advocacy centers in their State; (ii) demonstrate the ability of the applicant to operate successfully a children’s advocacy center or provide training to allow others to do so; and (iii) state the annual cost of the proposal and a breakdown of those costs. (B) Content of management planA management plan described in paragraph (3)(A) shall—(i) outline the basic activities expected to be performed; (ii) describe the entities that will conduct the basic activities; (iii) establish the period of time over which the basic activities will take place; and (iv) define the overall program management and direction by—(I) identifying managerial, organizational, and administrative procedures and responsibilities; (II) demonstrating how implementation and monitoring of the progress of the children’s advocacy program after receipt of funding will be achieved; and (III) providing sufficient rationale to support the costs of the plan. (4) Selection of proposals(A) Competitive basisProposals shall be selected under this section on a competitive basis. (B) CriteriaThe Administrator shall select proposals for funding that—(i) best result in developing and establishing multidisciplinary programs that respond to child abuse by assisting, training, and teaching community agencies and professionals called upon to respond to child abuse cases; (ii) assist in resolving problems that may occur during the development, operation, and implementation of a multidisciplinary program that responds to child abuse; (iii) to the greatest extent possible and subject to available appropriations, ensure that at least 1 applicant is selected from each of the 4 census regions of the country; (iv) best result in supporting chapters in each State; and (v) otherwise best carry out the purposes of this section. (5) Funding of programFrom amounts made available in separate appropriation Acts, the Administrator shall provide to each grant recipient the financial and technical assistance and other incentives that are necessary and appropriate to carry out this section. (6) Coordination of effortIn order to carry out activities that are in the best interests of abused and neglected children, a grant recipient shall consult with other grant recipients under this Act on a regular basis to exchange ideas, share information, and review children’s advocacy program activities. (d) Review(1) Evaluation of regional children’s advocacy program activitiesThe Administrator shall regularly monitor and evaluate the activities of grant recipients and shall determine whether each grant recipient has complied with the original proposal and any modifications. (2) Annual reportA grant recipient shall provide an annual report to the Administrator that—(A) describes the progress made in satisfying the purpose of the children’s advocacy program; and (B) states whether changes are needed and are being made to carry out the purpose of the children’s advocacy program. (3) Discontinuation of fundingUpon discontinuation of funding of a grant recipient under this section, the Administrator shall solicit new proposals in accordance with subsection (c).

34 U.S.C. § 20304 Local children’s advocacy centers

(a) In generalThe Administrator shall make grants to—(1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children’s advocacy centers and multidisciplinary teams; (2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities; (3) promote the effective delivery of the evidence-based, trauma-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse; and (4) develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children’s advocacy center organizational capacity and operations in order to meet such practice standards and best practices. (b) Direct services for child victims of a severe form of trafficking in persons and victims of human trafficking and child pornographyThe Administrator may make grants to develop and implement specialized programs to identify and provide direct services to victims of a severe form of trafficking (as defined in section 7102(9)(A) 11 See References in Text note below. of title 22) who were under the age of 18 at the time of the offense and victims of human trafficking and child pornography. (c) Grant criteria(1) The Administrator shall establish the criteria to be used in evaluating applications for grants under subsections (a) and (b) consistent with sections 11183 and 11186 of this title. (2) In general, the grant criteria established pursuant to paragraph (1) may require that a program include any of the following elements:(A) A written agreement between local law enforcement, child protective service, health, and other related agencies to coordinate child abuse investigation, prosecution, treatment, and counseling services. (B) An appropriate site for referring, interviewing, treating, and counseling child victims of sexual and serious physical abuse and neglect and nonoffending family members (referred to as a “children’s advocacy center”). (C) Referral of all child abuse cases that meet designated referral criteria to the children’s advocacy center not later than 24 hours to the greatest extent practicable, but in no case later than 72 hours, after notification of an incident of abuse. (D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. (E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services. (F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children’s advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services. (G) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim. (H) Designation of a director for the children’s advocacy center. (I) Designation of a multidisciplinary team coordinator. (J) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child’s family, throughout each step of intervention and judicial proceedings. (K) Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. (L) Such other criteria as the Administrator shall establish by regulation. (d) Distribution of grantsIn awarding grants under this section, the Administrator shall ensure that grants are distributed to all States that are eligible for such grants, including large and small States, and to rural, suburban, and urban jurisdictions. (e) Consultation with regional children’s advocacy centersA grant recipient under this section shall consult from time to time with regional children’s advocacy centers in its census region that are grant recipients under section 20303 of this title. (f) Grants to State chapters for assistance to local children’s advocacy centersIn awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

34 U.S.C. § 20305 Grants for specialized technical assistance and training programs

(a) In generalThe Administrator shall make grants to national organizations to provide technical assistance and training to—(1) prosecutors and other attorneys and allied 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 protection, intervention, and treatment; and (B) promoting the effective delivery of the evidence-informed Children’s Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding. (b) Grantee organizations(1) ProsecutorsAn 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 prosecutors. (2) Child abuse professionalsAn 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 professionals responding to child abuse, including a digital library to promote evidence-informed practice; and (B) demonstrated experience in providing training and technical assistance for child abuse professionals, especially law enforcement officers, child protective service workers, prosecutors, forensic interviewers, medical professionals, victim advocates, and mental health professionals. (c) Grant criteria(1) The Administrator shall establish the criteria to be used for evaluating applications for grants under this section, consistent with sections 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 described in this title.11 See References in Text note below.

34 U.S.C. § 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.

34 U.S.C. § 20307 Accountability

(a) In generalAll grants awarded by the Administrator under this subchapter shall be subject to the following accountability provisions:(1) Audit requirement(A) DefinitionIn 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 unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. (B) AuditThe 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 audited each year. (C) Mandatory exclusionA recipient of grant funds under this subchapter 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) PriorityIn awarding grants under this subchapter, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subchapter. (E) ReimbursementIf an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator 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 repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements(A) DefinitionFor purposes of this paragraph, the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) ProhibitionThe 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) DisclosureEach nonprofit organization that is awarded a grant under this subchapter and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures(A) LimitationNo amounts authorized to be appropriated to the Department of Justice under this subchapter 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, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. (B) Written approvalWritten approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. (C) ReportThe Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph. (b) ReportingNot later than March 1 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that—(1) summarizes the efforts of the Administrator to monitor and evaluate the regional children’s advocacy program activities under section 20303(d) of this title; (2) describes—(A) the method by which amounts are allocated to grantees and subgrantees under this subchapter, including to local children’s advocacy centers, State chapters, and regional children’s advocacy program centers; and (B) steps the Attorney General has taken to minimize duplication and overlap in the awarding of amounts under this subchapter; and (3) analyzes the extent to which both rural and urban populations are served under the regional children’s advocacy program.