CHAPTER 136 —VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
SUBCHAPTER I—PRISONS
Part A—Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants
Part B—Miscellaneous Provisions
SUBCHAPTER II—CRIME PREVENTION
Part A—Ounce of Prevention Council
Part B—Local Crime Prevention Block Grant Program
Part C—Model Intensive Grant Programs
Part D—Family and Community Endeavor Schools Grant Program
Part E—Assistance for Delinquent and At-Risk Youth
Part F—Police Recruitment
Part G—National Community Economic Partnership
subpart 1—community economic partnership investment funds
subpart 2—emerging community development corporations
subpart 3—miscellaneous provisions
Part H—Community-Based Justice Grants for Prosecutors
Part I—Family Unity Demonstration Project
subpart 1—grants to states
subpart 2—family unity demonstration project for federal prisoners
Part J—Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional Institutions
Part K—Gang Resistance Education and Training
SUBCHAPTER III—VIOLENCE AGAINST WOMEN
Part A—Safe Streets for Women
subpart 1—safety for women in public transit
subpart 2—assistance to victims of sexual assault
Part B—Safe Homes for Women
subpart 1—confidentiality for abused persons
subpart 2—data and research
subpart 3—rural domestic violence and child abuse enforcement
subpart 3a—research on effective interventions to address violence against women
subpart 4—transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
Part C—Civil Rights for Women
Part D—Equal Justice for Women in Courts
subpart 1—education and training for judges and court personnel in state courts
subpart 2—education and training for judges and court personnel in federal courts
Part E—Violence Against Women Act Improvements
Part F—National Stalker and Domestic Violence Reduction
Part G—Enhanced Training and Services To End Abuse Later in Life
Part H—Domestic Violence Task Force
Part I—Violence Against Women Act Court Training and Improvements
Part J—Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking
Part K—Services, Education, Protection and Justice for Young Victims of Violence
Part L—Strengthening America's Families by Preventing Violence Against Women and Children
Part M—Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
subpart 1—grant programs
subpart 2—housing rights
Part N—National Resource Center
Part N–1—Sexual Assault Services
Part N–2—Rape Survivor Child Custody
Part O—Combatting Domestic Trafficking in Persons
Part P—Miscellaneous Authorities
SUBCHAPTER IV—DRUG CONTROL
SUBCHAPTER V—CRIMINAL STREET GANGS
SUBCHAPTER VI—CRIMES AGAINST CHILDREN
SUBCHAPTER VII—RURAL CRIME
SUBCHAPTER VIII—POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
Part A—Police Corps
Part B—Law Enforcement Scholarship Program
SUBCHAPTER IX—STATE AND LOCAL LAW ENFORCEMENT
Part A—DNA Identification
Part B—Police Pattern or Practice
Part C—Improved Training and Technical Automation
Part D—Other State and Local Aid
Part E—Improving the Quality of Representation in State Capital Cases
Part F—Rafael Ramos and Wenjian Liu National Blue Alert
SUBCHAPTER X—MOTOR VEHICLE THEFT PROTECTION
SUBCHAPTER XI—PROTECTIONS FOR THE ELDERLY
SUBCHAPTER XII—PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME PREVENTION AND CONTROL
SUBCHAPTER XIII—VIOLENT CRIME REDUCTION TRUST FUND
SUBCHAPTER XIV—MISCELLANEOUS
SUBCHAPTER I—PRISONS
Part A—Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants
§13701. Definitions
Unless otherwise provided, for purposes of this part—
(1) the term "indeterminate sentencing" means a system by which—
(A) the court may impose a sentence of a range defined by statute; and
(B) an administrative agency, generally the parole board, or the court, controls release within the statutory range;
(2) the term "part 1 violent crime" means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports; and
(3) the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(
Prior Provisions
A prior section 13701,
Short Title of 2016 Amendment
Short Title of 2015 Amendment
Short Title of 2014 Amendment
Short Title of 2013 Amendment
Short Title of 2008 Amendment
Short Title of 2006 Amendment
"(a)
"(b)
Short Title of 2004 Amendment
Short Title of 2000 Amendments
Short Title of 1996 Amendments
Short Title
§13702. Authorization of grants
(a) In general
The Attorney General shall provide Violent Offender Incarceration grants under
(1) to build or expand correctional facilities to increase the bed capacity for the confinement of persons convicted of a part 1 violent crime or adjudicated delinquent for an act which if committed by an adult, would be a part 1 violent crime;
(2) to build or expand temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens, for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a part 1 violent crime;
(3) to build or expand jails; and
(4) to carry out any activity referred to in
(b) Regional compacts
(1) In general
Subject to paragraph (2), States may enter into regional compacts to carry out this part. Such compacts shall be treated as States under this part.
(2) Requirement
To be recognized as a regional compact for eligibility for a grant under
(3) Limitation on receipt of funds
No State may receive a grant under this part both individually and as part of a compact.
(c) Applicability
Notwithstanding the eligibility requirements of
(
Prior Provisions
A prior section 13702,
Amendments
2008—Subsec. (a)(4).
Construction of 2008 Amendment
For construction of amendments by
§13703. Violent offender incarceration grants
(a) Eligibility for minimum grant
To be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time deemed necessary to protect the public.
(b) Additional amount for increased percentage of persons sentenced and time served
A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has, since 1993—
(1) increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or
(2) increased the average prison time actually served or the average percent of sentence served by persons convicted of a part 1 violent crime.
Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (c).
(c) Additional amount for increased rate of incarceration and percentage of sentence served
A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has—
(1) since 1993, increased the percentage of persons arrested for a part 1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a part 1 violent crime; or
(2) has increased by 10 percent or more over the most recent 3-year period the number of new court commitments to prison of persons convicted of part 1 violent crimes.
Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (b).
(
Prior Provisions
A prior section 13703,
Controlled Substance Testing and Intervention; Availability of Funds
§13704. Truth-in-sentencing incentive grants
(a) Eligibility
To be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that demonstrates that—
(1)(A) such State has implemented truth-in-sentencing laws that—
(i) require persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or
(ii) result in persons convicted of a part 1 violent crime serving on average not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior);
(B) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, not later than 3 years after such State submits an application to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or
(C) in the case of a State that on April 26, 1996, practices indeterminate sentencing with regard to any part 1 violent crime—
(i) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the prison term established under the State's sentencing and release guidelines; or
(ii) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the maximum prison term allowed under the sentence imposed by the court (not counting time not actually served such as administrative or statutory incentives for good behavior); and
(2) such State has provided assurances that it will follow guidelines established by the Attorney General in reporting, on a quarterly basis, information regarding the death of any person who is in the process of arrest, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, or other local or State correctional facility (including any juvenile facility) that, at a minimum, includes—
(A) the name, gender, race, ethnicity, and age of the deceased;
(B) the date, time, and location of death; and
(C) a brief description of the circumstances surrounding the death.
(b) Exception
Notwithstanding subsection (a), a State may provide that the Governor of the State may allow for the earlier release of—
(1) a geriatric prisoner; or
(2) a prisoner whose medical condition precludes the prisoner from posing a threat to the public, but only after a public hearing in which representatives of the public and the prisoner's victims have had an opportunity to be heard regarding a proposed release.
(
Prior Provisions
A prior section 13704,
Amendments
2000—Subsec. (a).
§13705. Special rules
(a) Sharing of funds with counties and other units of local government
(1) Reservation
Each State shall reserve not more than 15 percent of the amount of funds allocated in a fiscal year pursuant to
(2) Factors for determination of amount
To determine the amount of funds to be reserved under this subsection, a State shall consider the burden placed on a county or unit of local government that results from the implementation of policies adopted by the State to carry out
(b) Use of truth-in-sentencing and violent offender incarceration grants
Funds provided under
(1) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails;
(2) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and
(3) providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General.
(c) Funds for juvenile offenders
Notwithstanding any other provision of this part, if a State, or unit of local government located in a State that otherwise meets the requirements of
(d) Private facilities
A State may use funds received under this part for the privatization of facilities to carry out the purposes of
(e) "Part 1 violent crime" defined
For purposes of this part, "part 1 violent crime" means a part 1 violent crime as defined in section 13701(3) 1 of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.
(
Prior Provisions
A prior section 13705,
Amendments
2002—Subsec. (b).
1998—Subsec. (b).
1 So in original. Probably should be section "13701(2)".
§13706. Formula for grants
(a) Allocation of violent offender incarceration grants under section 13703
(1) Formula allocation
85 percent of the amount available for grants under
(A) 0.75 percent shall be allocated to each State that meets the requirements of
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of
(2) Additional allocation
15 percent of the amount available for grants under
(A) 3.0 percent shall be allocated to each State that meets the requirements of
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of
(b) Allocation of truth-in-sentencing grants under section 13704
The amounts available for grants for
(c) Unavailable data
If data regarding part 1 violent crimes in any State is substantially inaccurate or is unavailable for the 3 years preceding the year in which the determination is made, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous year for the State for the purposes of allocation of funds under this part.
(d) Regional compacts
In determining the amount of funds that States organized as a regional compact may receive, the Attorney General shall first apply the formula in either subsection (a) or (b) and (c) of this section to each member State of the compact. The States organized as a regional compact may receive the sum of the amounts so determined.
(
Prior Provisions
A prior section 13706,
§13707. Accountability
(a) Fiscal requirements
A State that receives funds under this part shall use accounting, audit, and fiscal procedures that conform to guidelines prescribed by the Attorney General, and shall ensure that any funds used to carry out the programs under
(b) Administrative provisions
The administrative provisions of
(
Prior Provisions
A prior section 13707,
§13708. Authorization of appropriations
(a) In general
(1) Authorizations
There are authorized to be appropriated to carry out this part—
(A) $997,500,000 for fiscal year 1996;
(B) $1,330,000,000 for fiscal year 1997;
(C) $2,527,000,000 for fiscal year 1998;
(D) $2,660,000,000 for fiscal year 1999; and
(E) $2,753,100,000 for fiscal year 2000.
(2) Distribution
(A) In general
Of the amounts remaining after the allocation of funds for the purposes set forth under
(B) Distribution of minimum amounts
The Attorney General shall distribute minimum amounts allocated for
(b) Limitations on funds
(1) Uses of funds
Except as provided in section 1 13710 and 13711 of this title, funds made available pursuant to this section shall be used only to carry out the purposes described in
(2) Nonsupplanting requirement
Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources.
(3) Administrative costs
Not more than 3 percent of the funds that remain available after carrying out
(A) administration;
(B) research and evaluation, including assessment of the effect on public safety and other effects of the expansion of correctional capacity and sentencing reforms implemented pursuant to this part;
(C) technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this part; and
(D) data collection and improvement of information systems relating to the confinement of violent offenders and other sentencing and correctional matters.
(4) Carryover of appropriations
Funds appropriated pursuant to this section during any fiscal year shall remain available until expended. Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent as may 2 provided in appropriations Acts, for the purpose described in
(5) Matching funds
The Federal share of a grant received under this part may not exceed 90 percent of the costs of a proposal as described in an application approved under this part.
(
Prior Provisions
A prior section 13708,
Amendments
2008—Subsec. (b)(4).
Construction of 2008 Amendment
For construction of amendments by
1 So in original. Probably should be "sections".
2 So in original. Probably should be followed by "be".
§13709. Payments for incarceration on tribal lands
(a) Reservation of funds
Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to carry out this section.
(b) Grants to Indian tribes
(1) In general
From the amounts reserved under subsection (a), the Attorney General shall provide grants—
(A) to Indian tribes for purposes of—
(i) construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction;
(ii) entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and
(iii) developing and implementing alternatives to incarceration in tribal jails;
(B) to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws;
(C) to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate.
(2) Priority of funding
in 1 providing grants under this subsection, the Attorney General shall take into consideration applicable—
(A) reservation crime rates;
(B) annual tribal court convictions; and
(C) bed space needs.
(3) Federal share
Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent.
(c) Applications
To be eligible to receive a grant under this section, an Indian tribe or consortium of Indian tribes, as applicable, shall submit to the Attorney General an application in such form and containing such information as the Attorney General may by regulation require.
(d) Long-term plan
Not later than 1 year after July 29, 2010, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including—
(1) a description of proposed activities for—
(A) construction, operation, and maintenance of juvenile (in accordance with
(B) contracting with State and local detention centers, on approval of the affected tribal governments; and
(C) alternatives to incarceration, developed in cooperation with tribal court systems;
(2) an assessment and consideration of the construction of Federal detention facilities in Indian country; and
(3) any other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.
(
Prior Provisions
A prior section 13709,
Amendments
2010—Subsec. (a).
"(1) 0.3 percent in each of fiscal years 1996 and 1997; and
"(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000."
Subsec. (b).
Subsec. (c).
Subsec. (d).
1 So in original. Probably should be capitalized.
§13710. Payments to eligible States for incarceration of criminal aliens
(a) In general
The Attorney General shall make a payment to each State which is eligible under section 1252(j) 1 of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section.
(b) Authorization of appropriations
Notwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under
(c) Administration
The amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and shall be added to the other funds appropriated to carry out section 1252(j) 1 of title 8 and administered under such section.
(d) Report to Congress
Not later than May 15, 1999, the Attorney General shall submit a report to the Congress which contains the recommendation of the Attorney General concerning the extension of the program under this section.
(
References in Text
1 See References in Text note below.
§13711. Support of Federal prisoners in non-Federal institutions
(a) In general
The Attorney General may make payments to States and units of local government for the purposes authorized in
(b) Authorization of appropriations
Notwithstanding any other provision of this part other than
(
§13712. Report by Attorney General
Beginning on October 1, 1996, and each subsequent July 1 thereafter, the Attorney General shall report to the Congress on the implementation of this part, including a report on the eligibility of the States under
(
§13713. Aimee's Law
(a) Short title
This section may be cited as "Aimee's Law".
(b) Definitions
Pursuant to regulations promulgated by the Attorney General hereunder, in this section:
(1) Dangerous sexual offense
The term "dangerous sexual offense" means any offense under State law for conduct that would constitute an offense under
(2) Murder
The term "murder" has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
(3) Rape
The term "rape" has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
(c) Penalty
(1) Single State
Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation.
(2) Multiple States
Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation.
(3) State described
Pursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless—
(A) the term of imprisonment imposed by the State on the individual described in paragraph (1) or (2), as applicable, was not less than the average term of imprisonment imposed for that offense in all States; or
(B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served not less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense.
For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences.
(d) State applications
In order to receive an amount under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State.
(e) Source of funds
(1) In general
Pursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to
(2) Payment schedule
The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule.
(f) Construction
Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution.
(g) Exception
Pursuant to regulations promulgated by the Attorney General hereunder, this section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) and subsequently been convicted for an offense described in subsection (c).
(h) Report
The Attorney General shall—
(1) conduct a study evaluating the implementation of this section; and
(2) not later than October 1, 2006, submit to Congress a report on the results of that study.
(i) Collection of recidivism data
(1) In general
Beginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State (where practicable)—
(A) the number of convictions during that calendar year for—
(i) any dangerous sexual offense;
(ii) rape; and
(iii) murder; and
(B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph.
(2) Report
The Attorney General shall submit to Congress—
(A) a report, by not later than 6 months after January 5, 2006, that provides national estimates of the nature and extent of recidivism (with an emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses;
(B) a report, by not later than October 1, 2007, and October 1 of each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in any State applications under this section; and
(C) reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1).
(j) Effective date
This section shall take effect on January 1, 2002.
(
Codification
January 5, 2006, referred to in subsec. (i)(2)(A), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of
Section was enacted as Aimee's Law and also as part of the Victims of Trafficking and Violence Protection Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2006—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B).
Subsec. (d).
Subsec. (e)(1).
Subsec. (g).
Subsec. (i)(1).
Subsec. (i)(2).
"(A) the information collected under paragraph (1) with respect to each State during the preceding calendar year; and
"(B) the percentage of cases in each State in which an individual convicted of an offense described in paragraph (1)(A) was previously convicted of another such offense in another State during the preceding calendar year."
1 So in original. Probably should be followed by a period.
Part B—Miscellaneous Provisions
§13721. Task force on prison construction standardization and techniques
(a) Task force
The Director of the National Institute of Corrections shall, subject to availability of appropriations, establish a task force composed of Federal, State, and local officials expert in prison construction, and of at least an equal number of engineers, architects, and construction experts from the private sector with expertise in prison design and construction, including the use of cost-cutting construction standardization techniques and cost-cutting new building materials and technologies.
(b) Cooperation
The task force shall work in close cooperation and communication with other State and local officials responsible for prison construction in their localities.
(c) Performance requirements
The task force shall work to—
(1) establish and recommend standardized construction plans and techniques for prison and prison component construction; and
(2) evaluate and recommend new construction technologies, techniques, and materials,
to reduce prison construction costs at the Federal, State, and local levels and make such construction more efficient.
(d) Dissemination
The task force shall disseminate information described in subsection (c) to State and local officials involved in prison construction, through written reports and meetings.
(e) Promotion and evaluation
The task force shall—
(1) work to promote the implementation of cost-saving efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of such cost-saving efforts as adopted, broadly disseminating information on the results; and
(3) to the extent feasible, certify the effectiveness of the cost-savings efforts.
(
§13722. Efficiency in law enforcement and corrections
(a) In general
In the administration of each grant program funded by appropriations authorized by this Act or by an amendment made by this Act, the Attorney General shall encourage—
(1) innovative methods for the low-cost construction of facilities to be constructed, converted, or expanded and the low-cost operation of such facilities and the reduction of administrative costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) Assessment of construction components and designs
The Attorney General may make an assessment of the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals.
(
References in Text
This Act, referred to in subsec. (a), is
§13723. Congressional approval of any expansion at Lorton and congressional hearings on future needs
(a) Congressional approval
Notwithstanding any other provision of law, the existing prison facilities and complex at the District of Columbia Corrections Facility at Lorton, Virginia, shall not be expanded unless such expansion has been approved by the Congress under the authority provided to Congress in section 446 of the District of Columbia Home Rule Act.
(b) Senate hearings
The Senate directs the Subcommittee on the District of Columbia of the Committee on Appropriations of the Senate to conduct hearings regarding expansion of the prison complex in Lorton, Virginia, prior to any approval granted pursuant to subsection (a). The subcommittee shall permit interested parties, including appropriate officials from the County of Fairfax, Virginia, to testify at such hearings.
(c) "Expanded" and "expansion" defined
For purposes of this section, the terms "expanded" and "expansion" mean any alteration of the physical structure of the prison complex that is made to increase the number of inmates incarcerated at the prison.
(
References in Text
Section 446 of the District of Columbia Home Rule Act, referred to in subsec. (a), is section 446 of
Amendments
1997—Subsec. (a).
Effective Date of 1997 Amendment
Amendment by
§13724. Conversion of closed military installations into Federal prison facilities
(a) Study of suitable bases
The Secretary of Defense and the Attorney General shall jointly conduct a study of all military installations selected before September 13, 1994, to be closed pursuant to a base closure law for the purpose of evaluating the suitability of any of these installations, or portions of these installations, for conversion into Federal prison facilities. As part of the study, the Secretary and the Attorney General shall identify the military installations so evaluated that are most suitable for conversion into Federal prison facilities.
(b) Suitability for conversion
In evaluating the suitability of a military installation for conversion into a Federal prison facility, the Secretary of Defense and the Attorney General shall consider the estimated cost to convert the installation into a prison facility and such other factors as the Secretary and the Attorney General consider to be appropriate.
(c) Time for study
The study required by subsection (a) shall be completed not later than the date that is 180 days after September 13, 1994.
(d) Construction of Federal prisons
(1) In general
In determining where to locate any new Federal prison facility, and in accordance with the Department of Justice's duty to review and identify a use for any portion of an installation closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(A) consider whether using any portion of a military installation closed or scheduled to be closed in the region pursuant to a base closure law provides a cost-effective alternative to the purchase of real property or construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization and redevelopment plan; and
(C) give consideration to any installation located in a rural area the closure of which will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure.
(2) Consent
With regard to paragraph (1)(B), consent must be obtained from the local re-use authority for the military installation, recognized and funded by the Secretary of Defense, before the Attorney General may proceed with plans for the design or construction of a prison at the installation.
(3) Report on basis of decision
Before proceeding with plans for the design or construction of a Federal prison, the Attorney General shall submit to Congress a report explaining the basis of the decision on where to locate the new prison facility.
(4) Report on cost-effectiveness
If the Attorney General decides not to utilize any portion of a closed military installation or an installation scheduled to be closed for locating a prison, the report shall include an analysis of why installations in the region, the use of which as a prison would be consistent with a reutilization and redevelopment plan, does not provide a cost-effective alternative to the purchase of real property or construction of new prison facilities.
(e) "Base closure law" defined
In this section, "base closure law" means—
(1) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(2) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(
References in Text
The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsecs. (d)(1) and (e)(2), is
The Defense Base Closure and Realignment Act of 1990, referred to in subsecs. (d)(1) and (e)(1), is part A of title XXIX of div. B of
§13725. Correctional job training and placement
(a) Purpose
It is the purpose of this section to encourage and support job training programs, and job placement programs, that provide services to incarcerated persons or ex-offenders.
(b) Definitions
As used in this section:
(1) Correctional institution
The term "correctional institution" means any prison, jail, reformatory, work farm, detention center, or halfway house, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.
(2) Correctional job training or placement program
The term "correctional job training or placement program" means an activity that provides job training or job placement services to incarcerated persons or ex-offenders, or that assists incarcerated persons or ex-offenders in obtaining such services.
(3) Ex-offender
The term "ex-offender" means any individual who has been sentenced to a term of probation by a Federal or State court, or who has been released from a Federal, State, or local correctional institution.
(4) Incarcerated person
The term "incarcerated person" means any individual incarcerated in a Federal or State correctional institution who is charged with or convicted of any criminal offense.
(c) Establishment of Office
(1) In general
The Attorney General shall establish within the Department of Justice an Office of Correctional Job Training and Placement. The Office shall be headed by a Director, who shall be appointed by the Attorney General.
(2) Timing
The Attorney General shall carry out this subsection not later than 6 months after September 13, 1994.
(d) Functions of Office
The Attorney General, acting through the Director of the Office of Correctional Job Training and Placement, in consultation with the Secretary of Labor, shall—
(1) assist in coordinating the activities of the Federal Bonding Program of the Department of Labor, the activities of the Department of Labor related to the certification of eligibility for targeted jobs credits under
(2) provide technical assistance to State and local employment and training agencies that—
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs carried out by the Department of Justice or Department of Labor, for activities related to the development of employability;
(3) prepare and implement the use of special staff training materials, and methods, for developing the staff competencies needed by State and local agencies to assist incarcerated persons and ex-offenders in gaining marketable occupational skills and job placement;
(4) prepare and submit to Congress an annual report on the activities of the Office of Correctional Job Training and Placement, and the status of correctional job training or placement programs in the United States;
(5) cooperate with other Federal agencies carrying out correctional job training or placement programs to ensure coordination of such programs throughout the United States;
(6) consult with, and provide outreach to—
(A) State job training coordinating councils, administrative entities, and private industry councils, with respect to programs carried out under this Act; and
(B) other State and local officials, with respect to other employment or training programs carried out by the Department of Justice or Department of Labor;
(7) collect from States information on the training accomplishments and employment outcomes of a sample of incarcerated persons and ex-offenders who were served by employment or training programs carried out, or that receive financial assistance through programs carried out, by the Department of Justice or Department of Labor; and
(8)(A) collect from States and local governments information on the development and implementation of correctional job training or placement programs; and
(B) disseminate such information, as appropriate.
(
References in Text
This Act, referred to in subsec. (d)(2)(A), (6)(A), is
§13726. Findings
Congress finds the following:
(1) Increasingly, States are turning to private prisoner transport companies as an alternative to their own personnel or the United States Marshals Service when transporting violent prisoners.
(2) The transport process can last for days if not weeks, as violent prisoners are dropped off and picked up at a network of hubs across the country.
(3) Escapes by violent prisoners during transport by private prisoner transport companies have occurred.
(4) Oversight by the Attorney General is required to address these problems.
(5) While most governmental entities may prefer to use, and will continue to use, fully trained and sworn law enforcement officers when transporting violent prisoners, fiscal or logistical concerns may make the use of highly specialized private prisoner transport companies an option. Nothing in
(
References in Text
Codification
This section was enacted as part of the Interstate Transportation of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§13726a. Definitions
In
(1) Crime of violence
The term "crime of violence" has the same meaning as in
(2) Private prisoner transport company
The term "private prisoner transport company" means any entity, other than the United States, a State, or an inferior political subdivision of a State, which engages in the business of the transporting for compensation, individuals committed to the custody of any State or of an inferior political subdivision of a State, or any attempt thereof.
(3) Violent prisoner
The term "violent prisoner" means any individual in the custody of a State or an inferior political subdivision of a State who has previously been convicted of or is currently charged with a crime of violence or any similar statute of a State or the inferior political subdivisions of a State, or any attempt thereof.
(
References in Text
Codification
This section was enacted as part of the Interstate Transportation of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§13726b. Federal regulation of prisoner transport companies
(a) In general
Not later than 180 days after December 21, 2000, the Attorney General, in consultation with the American Correctional Association and the private prisoner transport industry, shall promulgate regulations relating to the transportation of violent prisoners in or affecting interstate commerce.
(b) Standards and requirements
The regulations shall include the following:
(1) Minimum standards for background checks and preemployment drug testing for potential employees, including requiring criminal background checks, to disqualify persons with a felony conviction or domestic violence conviction as defined by
(2) Minimum standards for the length and type of training that employees must undergo before they can transport prisoners not to exceed 100 hours of preservice training focusing on the transportation of prisoners. Training shall be in the areas of use of restraints, searches, use of force, including use of appropriate weapons and firearms, CPR, map reading, and defensive driving.
(3) Restrictions on the number of hours that employees can be on duty during a given time period. Such restriction shall not be more stringent than current applicable rules and regulations concerning hours of service promulgated under the Federal Motor Vehicle Safety Act.1
(4) Minimum standards for the number of personnel that must supervise violent prisoners. Such standards shall provide the transport entity with appropriate discretion, and, absent more restrictive requirements contracted for by the procuring government entity, shall not exceed a requirement of 1 agent for every 6 violent prisoners.
(5) Minimum standards for employee uniforms and identification that require wearing of a uniform with a badge or insignia identifying the employee as a transportation officer.
(6) Standards establishing categories of violent prisoners required to wear brightly colored clothing clearly identifying them as prisoners, when appropriate.
(7) Minimum requirements for the restraints that must be used when transporting violent prisoners, to include leg shackles and double-locked handcuffs, when appropriate.
(8) A requirement that when transporting violent prisoners, private prisoner transport companies notify local law enforcement officials 24 hours in advance of any scheduled stops in their jurisdiction.
(9) A requirement that in the event of an escape by a violent prisoner, private prisoner transport company officials shall immediately notify appropriate law enforcement officials in the jurisdiction where the escape occurs, and the governmental entity that contracted with the private prisoner transport company for the transport of the escaped violent prisoner.
(10) Minimum standards for the safety of violent prisoners in accordance with applicable Federal and State law.
(c) Federal standards
Except for the requirements of subsection (b)(6), the regulations promulgated under
(
References in Text
No act with the title Federal Motor Vehicle Safety Act, referred to in subsec. (b)(3), has been enacted. Provisions authorizing the Secretary of Transportation to prescribe requirements relating to hours of service of employees of a motor carrier are contained in
Codification
This section was enacted as part of the Interstate Transportation of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
1 See References in Text note below.
§13726c. Enforcement
Any person who is found in violation of the regulations established by
(1) be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation and, in addition, to the United States for the costs of prosecution; and
(2) make restitution to any entity of the United States, of a State, or of an inferior political subdivision of a State, which expends funds for the purpose of apprehending any violent prisoner who escapes from a prisoner transport company as the result, in whole or in part, of a violation of regulations promulgated pursuant to
(
References in Text
Codification
This section was enacted as part of the Interstate Transportation of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§13727. State information regarding individuals who die in the custody of law enforcement
(a) In general
For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility).
(b) Information required
The report required by this section shall contain information that, at a minimum, includes—
(1) the name, gender, race, ethnicity, and age of the deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding the death.
(c) Compliance and ineligibility
(1) Compliance date
Each State shall have not more than 120 days from December 18, 2014, to comply with subsection (a), except that—
(A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and
(B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State.
(2) Ineligibility for funds
For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(d) Reallocation
Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.
(e) Definitions
In this section the terms "boot camp prison" and "State" have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(f) Study and report of information relating to deaths in custody
(1) Study required
The Attorney General shall carry out a study of the information reported under subsection (b) and
(A) determine means by which such information can be used to reduce the number of such deaths; and
(B) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths.
(2) Report
Not later than 2 years after December 18, 2014, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1).
(
References in Text
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(2), is
Codification
This section was enacted as part of the Death in Custody Reporting Act of 2013, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§13727a. Federal law enforcement death in custody reporting requirement
(a) In general
For each fiscal year (beginning after the date that is 120 days after December 18, 2014), the head of each Federal law enforcement agency shall submit to the Attorney General a report (in such form and manner specified by the Attorney General) that contains information regarding the death of any person who is—
(1) detained, under arrest, or is in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or
(2) en route to be incarcerated or detained, or is incarcerated or detained at—
(A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency;
(B) any State or local government facility used by such Federal law enforcement agency; or
(C) any Federal correctional facility or Federal pre-trial detention facility located within the United States.
(b) Information required
Each report required by this section shall include, at a minimum, the information required by
(c) Study and report
Information reported under subsection (a) shall be analyzed and included in the study and report required by
(
Codification
This section was enacted as part of the Death in Custody Reporting Act of 2013, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
SUBCHAPTER II—CRIME PREVENTION
Part A—Ounce of Prevention Council
§13741. Ounce of Prevention Council
(a) Establishment
(1) In general
There is established an Ounce of Prevention Council (referred to in this subchapter as the "Council"), the members of which—
(A) shall include the Attorney General, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Agriculture, the Secretary of the Treasury, the Secretary of the Interior, and the Director of the Office of National Drug Control Policy; and
(B) may include other officials of the executive branch as directed by the President.
(2) Chair
The President shall designate the Chair of the Council from among its members (referred to in this subchapter as the "Chair").
(3) Staff
The Council may employ any necessary staff to carry out its functions, and may delegate any of its functions or powers to a member or members of the Council.
(b) Program coordination
For any program authorized under the Violent Crime Control and Law Enforcement Act of 1994, the Ounce of Prevention Council Chair, only at the request of the Council member with jurisdiction over that program, may coordinate that program, in whole or in part, through the Council.
(c) Administrative responsibilities and powers
In addition to the program coordination provided in subsection (b), the Council shall be responsible for such functions as coordinated planning, development of a comprehensive crime prevention program catalogue, provision of assistance to communities and community-based organizations seeking information regarding crime prevention programs and integrated program service delivery, and development of strategies for program integration and grant simplification. The Council shall have the authority to audit the expenditure of funds received by grantees under programs administered by or coordinated through the Council. In consultation with the Council, the Chair may issue regulations and guidelines to carry out this part and programs administered by or coordinated through the Council.
(
References in Text
This subchapter, referred to in subsec. (a)(1), (2), was in the original "this title", meaning title III of Pub. L. 103–322, Sept. 13, 1994,
The Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (b), is
§13742. Ounce of prevention grant program
(a) In general
The Council may make grants for—
(1) summer and after-school (including weekend and holiday) education and recreation programs;
(2) mentoring, tutoring, and other programs involving participation by adult role models (such as D.A.R.E. America);
(3) programs assisting and promoting employability and job placement; and
(4) prevention and treatment programs to reduce substance abuse, child abuse, and adolescent pregnancy, including outreach programs for at-risk families.
(b) Applicants
Applicants may be Indian tribal governments, cities, counties, or other municipalities, school boards, colleges and universities, private nonprofit entities, or consortia of eligible applicants. Applicants must show that a planning process has occurred that has involved organizations, institutions, and residents of target areas, including young people, and that there has been cooperation between neighborhood-based entities, municipality-wide bodies, and local private-sector representatives. Applicants must demonstrate the substantial involvement of neighborhood-based entities in the carrying out of the proposed activities. Proposals must demonstrate that a broad base of collaboration and coordination will occur in the implementation of the proposed activities, involving cooperation among youth-serving organizations, schools, health and social service providers, employers, law enforcement professionals, local government, and residents of target areas, including young people. Applications shall be geographically based in particular neighborhoods or sections of municipalities or particular segments of rural areas, and applications shall demonstrate how programs will serve substantial proportions of children and youth resident in the target area with activities designed to have substantial impact on their lives.
(c) Priority
In making such grants, the Council shall give preference to coalitions consisting of a broad spectrum of community-based and social service organizations that have a coordinated team approach to reducing gang membership and the effects of substance abuse, and providing alternatives to at-risk youth.
(d) Federal share
(1) In general
The Federal share of a grant made under this part 1 may not exceed 75 percent of the total costs of the projects described in the applications submitted under subsection (b) for the fiscal year for which the projects receive assistance under this subchapter.
(2) Waiver
The Council may waive the 25 percent matching requirement under paragraph (1) upon making a determination that a waiver is equitable in view of the financial circumstances affecting the ability of the applicant to meet that requirement.
(3) Non-Federal share
The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services.
(4) Nonsupplanting requirement
Funds made available under this subchapter to a governmental entity shall not be used to supplant State or local funds, or in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subchapter, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs.
(5) Evaluation
The Council shall conduct a thorough evaluation of the programs assisted under this subchapter.
(
References in Text
This part, referred to in subsec. (d)(1), appearing in the original is unidentifiable because subtitle A of title III of
This subchapter, referred to in subsec. (d)(1), (4), (5), was in the original "this title", meaning title III of
1 See References in Text note below.
§13743. "Indian tribe" defined
In this part, "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (
(
References in Text
The Alaska Native Claims Settlement Act, referred to in text, is
1 So in original. A closing parenthesis probably should precede the comma.
§13744. Authorization of appropriations
There are authorized to be appropriated to carry out this part—
(1) $1,500,000 for fiscal year 1995;
(2) $14,700,000 for fiscal year 1996;
(3) $18,000,000 for fiscal year 1997;
(4) $18,000,000 for fiscal year 1998;
(5) $18,900,000 for fiscal year 1999; and
(6) $18,900,000 for fiscal year 2000.
(
Part B—Local Crime Prevention Block Grant Program
§§13751 to 13758. Repealed. Pub. L. 109–162, title XI, §1154(b)(1), Jan. 5, 2006, 119 Stat. 3113
Section 13751,
Section 13752,
Section 13753,
Section 13754,
Section 13755,
Section 13756,
Section 13757,
Section 13758,
Youth Violence Reduction Demonstration Projects
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(3)
"(A) a program strategy targeting areas with the highest incidence of youth violence and homicides;
"(B) outcome measures and specific objective indicia of performance to assess the effectiveness of the program; and
"(C) a plan for evaluation by an independent third party.
"(4)
"(A) No less than 1 recipient is a city with a population exceeding 1,000,000 and an increase of at least 30 percent in the aggregated juvenile and young adult homicide victimization rate during calendar year 2005 as compared to calendar year 2004.
"(B) No less than one recipient is a nonmetropolitan county or group of counties with per capita arrest rates of juveniles and young adults for serious violent offenses that exceed the national average for nonmetropolitan counties by at least 5 percent.
"(5)
"(A) A program focusing on—
"(i) reducing youth violence and homicides, with an emphasis on juvenile and young adult probationers and other juveniles and young adults who have had or are likely to have contact with the juvenile justice system;
"(ii) fostering positive relationships between program participants and supportive adults in the community; and
"(iii) accessing comprehensive supports for program participants through coordinated community referral networks, including job opportunities, educational programs, counseling services, substance abuse programs, recreational opportunities, and other services.
"(B) A program goal of almost daily contacts with and supervision of participating juveniles and young adults through small caseloads and a coordinated team approach among case managers drawn from the community, probation officers, and police officers.
"(C) The use of existing structures, local government agencies, and nonprofit organizations to operate the program.
"(D) Inclusion in program staff of individuals who live or have lived in the community in which the program operates; have personal experiences or cultural competency that build credibility in relationships with program participants; and will serve as a case manager, intermediary, and mentor.
"(E) Fieldwork and neighborhood outreach in communities where the young violent offenders live, including support of the program from local public and private organizations and community members.
"(F) Imposition of graduated probation sanctions to deter violent and criminal behavior.
"(G) A record of program operation and effectiveness evaluation over a period of at least five years prior to the date of enactment of this Act [Jan. 5, 2006].
"(H) A program structure that can serve as a model for other communities in addressing the problem of youth violence and juvenile and young adult recidivism.
"(c)
"(1) Designing and enhancing program activities.
"(2) Employing and training personnel.
"(3) Purchasing or leasing equipment.
"(4) Providing services and training to program participants and their families.
"(5) Supporting related law enforcement and probation activities, including personnel costs.
"(6) Establishing and maintaining a system of program records.
"(7) Acquiring, constructing, expanding, renovating, or operating facilities to support the program.
"(8) Evaluating program effectiveness.
"(9) Undertaking other activities determined by the Attorney General as consistent with the purposes and requirements of the demonstration program.
"(d)
"(1)
"(A) prepare and implement a design for interim and overall evaluations of performance and progress of the funded demonstration projects;
"(B) provide training and technical assistance to grant recipients; and
"(C) disseminate broadly the information generated and lessons learned from the operation of the demonstration projects.
"(2)
"(A) a summary of the activities carried out with such grants;
"(B) an assessment by the Attorney General of the program carried out; and
"(C) such other information as the Attorney General considers appropriate.
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(3)
"(g)
National Police Athletic/Activities League Youth Enrichment
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'National Police Athletic/Activities League Youth Enrichment Act of 2000'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) The goals of the Police Athletic/Activities League are to—
"(A) increase the academic success of youth participants in PAL programs;
"(B) promote a safe, healthy environment for youth under the supervision of law enforcement personnel where mutual trust and respect can be built;
"(C) develop life enhancing character and leadership skills in young people;
"(D) increase school attendance by providing alternatives to suspensions and expulsions;
"(E) reduce the juvenile crime rate in participating designated communities and the number of police calls involving juveniles during nonschool hours;
"(F) provide youths with alternatives to drugs, alcohol, tobacco, and gang activity;
"(G) create positive communications and interaction between youth and law enforcement personnel; and
"(H) prepare youth for the workplace.
"(2) The Police Athletic/Activities League, during its 90-year history as a national organization, has proven to be a positive force in the communities it serves.
"(3) The Police Athletic/Activities League is a network of 1,700 facilities serving over 3,000 communities. There are 350 PAL chapters throughout the United States, the Virgin Islands, and the Commonwealth of Puerto Rico, serving 2,000,000 youth, ages 5 to 18, nationwide.
"(4) Based on PAL chapter demographics, approximately 85 percent of the youths who benefit from PAL programs live in inner cities and urban areas.
"(5) PAL chapters are locally operated, volunteer-driven organizations. Although most PAL chapters are sponsored by a law enforcement agency, PAL chapters rarely receive direct funding from law enforcement agencies and are dependent in large part on support from the private sector, such as individuals, business leaders, corporations, and foundations. PAL chapters have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement.
"(6) Today's youth face far greater risks than did their parents and grandparents. Law enforcement statistics demonstrate that youth between the ages of 12 and 18 are at risk of committing violent acts and being victims of violent acts between the hours of 3 p.m. and 8 p.m.
"(7) Greater numbers of students are dropping out of school and failing in school, even though the consequences of academic failure are more dire in 2005 than ever before.
"(8) Many distressed areas in the United States are still underserved by PAL chapters.
"SEC. 3. PURPOSE.
"The purpose of this Act is to provide adequate resources in the form of—
"(1) assistance for the 342 established PAL chapters to increase of services to the communities they are serving;
"(2) seed money for the establishment of 250 (50 per year over a 5-year period) additional local PAL chapters in public housing projects and other distressed areas, including distressed areas with a majority population of Native Americans, by not later than fiscal year 2010; and
"(3) support of an annual gathering of PAL chapters and designated youth leaders from such chapters to participate in a 3-day conference that addresses national and local issues impacting the youth of America and includes educational sessions to advance character and leadership skills.
"SEC. 4. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"(4)
"(5)
"SEC. 5. GRANTS AUTHORIZED.
"(a)
"(b)
"(1)
"(A) a long-term strategy to establish 250 additional PAL chapters and detailed summary of those areas in which new PAL chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year;
"(B) a plan to ensure that there are a total of not fewer than 500 PAL chapters in operation before January 1, 2010;
"(C) a certification that there will be appropriate coordination with those communities where new PAL chapters will be located; and
"(D) an explanation of the manner in which new PAL chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued.
"(2)
"SEC. 6. USE OF FUNDS.
"(a)
"(1)
"(2)
"(A) not less than one program shall provide—
"(i) mentoring assistance;
"(ii) academic assistance;
"(iii) recreational and athletic activities;
"(iv) technology training; or
"(v) character development and leadership training; and
"(B) any remaining programs shall provide—
"(i) drug, alcohol, and gang prevention activities;
"(ii) health and nutrition counseling;
"(iii) cultural and social programs;
"(iv) conflict resolution training, anger management, and peer pressure training;
"(v) job skill preparation activities; or
"(vi) Youth Police Athletic/Activities League Conferences or Youth Forums.
"(b)
"(1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways;
"(2) ensure that youth in the local community participate in designing the after-school activities;
"(3) develop creative methods of conducting outreach to youth in the community;
"(4) request donations of computer equipment and other materials and equipment; and
"(5) work with State and local park and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served.
"SEC. 7. REPORTS.
"(a)
"(b)
"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
"(1) not less than 2 percent shall be used for research and evaluation of the grant program under this Act;
"(2) not less than 1 percent shall be used for technical assistance related to the use of amounts made available under grants awarded under this Act; and
"(3) not less than 1 percent shall be used for the management and administration of the grant program under this Act, except that the total amount made available under this paragraph for administration of that program shall not exceed 6 percent."
[
Kids 2000 Crime Prevention and Computer Education Initiative
"(a)
"(b)
"(1) There is an increasing epidemic of juvenile crime throughout the United States.
"(2) It is well documented that the majority of juvenile crimes take place during after-school hours.
"(3) Knowledge of technology is becoming increasingly necessary for children in school and out of school.
"(4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys and girls primarily from at-risk communities.
"(5) The Boys and Girls Clubs of America have the physical structures in place for immediate implementation of an after-school technology program.
"(6) Building technology centers and providing integrated content and full-time staffing at those centers in the Boys and Girls Clubs of America nationwide will help foster education, job training, and an alternative to crime for at-risk youth.
"(7) Partnerships between the public sector and the private sector are an effective way of providing after-school technology programs in the Boys and Girls Clubs of America.
"(8) PowerUp: Bridging the Digital Divide is an entity comprised of more than a dozen nonprofit organizations, major corporations, and Federal agencies that have joined together to launch a major new initiative to help ensure that America's underserved young people acquire the skills, experiences, and resources they need to succeed in the digital age.
"(9) Bringing PowerUp into the Boys and Girls Clubs of America will be an effective way to ensure that our youth have a safe, crime-free environment in which to learn the technological skills they need to close the divide between young people who have access to computer-based information and technology-related skills and those who do not.
"(c)
"(1)
"(A) constructive technology-focused activities that are part of a comprehensive program to provide access to technology and technology training to youth during after-school hours, weekends, and school vacations;
"(B) supervised activities in safe environments for youth; and
"(C) full-time staffing with teachers, tutors, and other qualified personnel.
"(2)
"(d)
"(1)
"(2)
"(A) a request for a subgrant to be used for the purposes of this section;
"(B) a description of the communities to be served by the grant, including the nature of juvenile crime, violence, and drug use in the communities;
"(C) written assurances that Federal funds received under this section will be used to supplement and not supplant, non-Federal funds that would otherwise be available for activities funded under this section;
"(D) written assurances that all activities funded under this section will be supervised by qualified adults;
"(E) a plan for assuring that program activities will take place in a secure environment that is free of crime and drugs;
"(F) a plan outlining the utilization of content-based programs such as PowerUp, and the provision of trained adult personnel to supervise the after-school technology training; and
"(G) any additional statistical or financial information that the Boys and Girls Clubs of America may reasonably require.
"(e)
"(1) the ability of the applicant to provide the intended services;
"(2) the history and establishment of the applicant in providing youth activities; and
"(3) the extent to which services will be provided in crime-prone areas and technologically underserved populations, and efforts to achieve an equitable geographic distribution of the grant awards.
"(f)
"(1)
"(2)
"(3)
Establishment of Boys and Girls Clubs
"(a)
"(1)
"(A) the Boys and Girls Clubs of America, chartered by an Act of Congress on December 10, 1991 [
"(B) there are 1,810 Boys and Girls Clubs facilities throughout the United States, Puerto Rico, and the United States Virgin Islands, serving 2,420,000 youths nationwide;
"(C) 71 percent of the young people who benefit from Boys and Girls Clubs programs live in our inner cities and urban areas;
"(D) Boys and Girls Clubs are locally run and have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement;
"(E) Boys and Girls Clubs are located in 289 public housing sites across the Nation;
"(F) public housing projects in which there is an active Boys and Girls Club have experienced a 25 percent reduction in the presence of crack cocaine, a 22 percent reduction in overall drug activity, and a 13 percent reduction in juvenile crime;
"(G) these results have been achieved in the face of national trends in which overall drug use by youth has increased 105 percent since 1992 and 10.9 percent of the Nation's young people use drugs on a monthly basis; and
"(H) many public housing projects and other distressed areas are still underserved by Boys and Girls Clubs.
"(2)
"(b)
"(1) the terms 'public housing' and 'project' have the same meanings as in section 3(b) of the United States Housing Act of 1937 [
"(2) the term 'distressed area' means an urban, suburban, rural area, or Indian reservation with a population of high risk youth as defined in section 517 of the Public Health Service Act (
"(c)
"(1)
"(2)
"(A) includes a long-term strategy to establish 1,500 additional Boys and Girls Clubs and detailed summary of those areas in which new facilities will be established, or in which existing facilities will be expanded to serve additional youths, during the next fiscal year;
"(B) includes a plan to ensure that there are a total of not less than 5,000 Boys and Girls Clubs of America facilities in operation before January 1, 2010;
"(C) certifies that there will be appropriate coordination with those communities where clubs will be located; and
"(D) explains the manner in which new facilities will operate without additional, direct Federal financial assistance to the Boys and Girls Clubs once assistance under this subsection is discontinued.
"(d)
"(e)
"(1)
"(A) $80,000,000 for fiscal year 2006;
"(B) $85,000,000 for fiscal year 2007;
"(C) $90,000,000 for fiscal year 2008;
"(D) $95,000,000 for fiscal year 2009; and
"(E) $100,000,000 for fiscal year 2010.
"[(2) Repealed.
"(f)
"(1) not more than 5 percent may be used to provide a grant to the Boys and Girls Clubs of America for administrative, travel, and other costs associated with a national role-model speaking tour program; and
"(2) no amount may be used to compensate speakers other than to reimburse speakers for reasonable travel and accommodation costs associated with the program described in paragraph (1)."
[Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Part C—Model Intensive Grant Programs
§13771. Grant authorization
(a) Establishment
(1) In general
The Attorney General may award grants to not more than 15 chronic high intensive crime areas to develop comprehensive model crime prevention programs that—
(A) involve and utilize a broad spectrum of community resources, including nonprofit community organizations, law enforcement organizations, and appropriate State and Federal agencies, including the State educational agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to involvement in crime.
(2) Consultation with the Ounce of Prevention Council
The Attorney General may consult with the Ounce of Prevention Council in awarding grants under paragraph (1).
(b) Priority
In awarding grants under subsection (a), the Attorney General shall give priority to proposals that—
(1) are innovative in approach to the prevention of crime in a specific area;
(2) vary in approach to ensure that comparisons of different models may be made; and
(3) coordinate crime prevention programs funded under this program with other existing Federal programs to address the overall needs of communities that benefit from grants received under this subchapter.
(
References in Text
This subchapter, referred to in subsec. (b)(3), was in the original "this title", meaning title III of
§13772. Uses of funds
(a) In general
Funds awarded under this part may be used only for purposes described in an approved application. The intent of grants under this part is to fund intensively comprehensive crime prevention programs in chronic high intensive crime areas.
(b) Guidelines
The Attorney General shall issue and publish in the Federal Register guidelines that describe suggested purposes for which funds under approved programs may be used.
(c) Equitable distribution of funds
In disbursing funds under this part, the Attorney General shall ensure the distribution of awards equitably on a geographic basis, including urban and rural areas of varying population and geographic size.
(
§13773. Program requirements
(a) Description
An applicant shall include a description of the distinctive factors that contribute to chronic violent crime within the area proposed to be served by the grant. Such factors may include lack of alternative activities and programs for youth, deterioration or lack of public facilities, inadequate public services such as public transportation, street lighting, community-based substance abuse treatment facilities, or employment services offices, and inadequate police or public safety services, equipment, or facilities.
(b) Comprehensive plan
An applicant shall include a comprehensive, community-based plan to attack intensively the principal factors identified in subsection (a). Such plans shall describe the specific purposes for which funds are proposed to be used and how each purpose will address specific factors. The plan also shall specify how local nonprofit organizations, government agencies, private businesses, citizens groups, volunteer organizations, and interested citizens will cooperate in carrying out the purposes of the grant.
(c) Evaluation
An applicant shall include an evaluation plan by which the success of the plan will be measured, including the articulation of specific, objective indicia of performance, how the indicia will be evaluated, and a projected timetable for carrying out the evaluation.
(
§13774. Applications
To request a grant under this part the chief local elected official of an area shall—
(1) prepare and submit to the Attorney General an application in such form, at such time, and in accordance with such procedures, as the Attorney General shall establish; and
(2) provide an assurance that funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs funded under this part.
(
§13775. Reports
Not later than December 31, 1998, the Attorney General shall prepare and submit to the Committees on the Judiciary of the House and Senate an evaluation of the model programs developed under this part and make recommendations regarding the implementation of a national crime prevention program.
(
§13776. Definitions
In this part—
"chief local elected official" means an official designated under regulations issued by the Attorney General. The criteria used by the Attorney General in promulgating such regulations shall ensure administrative efficiency and accountability in the expenditure of funds and execution of funded projects under this part.
"chronic high intensity crime area" means an area meeting criteria adopted by the Attorney General by regulation that, at a minimum, define areas with—
(A) consistently high rates of violent crime as reported in the Federal Bureau of Investigation's "Uniform Crime Reports", and
(B) chronically high rates of poverty as determined by the Bureau of the Census.
"State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(
§13777. Authorization of appropriations
There are authorized to be appropriated to carry out this part—
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
(
Part D—Family and Community Endeavor Schools Grant Program
§13791. Community schools youth services and supervision grant program
(a) Short title
This section may be cited as the "Community Schools Youth Services and Supervision Grant Program Act of 1994".
(b) Definitions
In this section—
"child" means a person who is not younger than 5 and not older than 18 years old.
"community-based organization" means a private, locally initiated, community-based organization that—
(A) is a nonprofit organization, as defined in
(B) is operated by a consortium of service providers, consisting of representatives of 5 or more of the following categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively involved in providing employment and business development opportunities in the community.
(iii) Educators.
(iv) Religious organizations (which shall not provide any sectarian instruction or sectarian worship in connection with an activity funded under this subchapter).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
"eligible community" means an area identified pursuant to subsection (e).
"Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (
"poverty line" means the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with
"public school" means a public elementary school, as defined in section 1001(i) 2 of title 20, and a public secondary school, as defined in section 1001(d) 2 of title 20.
"Secretary" means the Secretary of Health and Human Services, in consultation and coordination with the Attorney General.
"State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands.
(c) Program authority
(1) In general
(A) Allocations for States and Indian country
For any fiscal year in which the sums appropriated to carry out this section equal or exceed $20,000,000, from the sums appropriated to carry out this subsection, the Secretary shall allocate, for grants under subparagraph (B) to community-based organizations in each State, an amount bearing the same ratio to such sums as the number of children in the State who are from families with incomes below the poverty line bears to the number of children in all States who are from families with incomes below the poverty line. In view of the extraordinary need for assistance in Indian country, an appropriate amount of funds available under this part shall be made available for such grants in Indian country.
(B) Grants to community-based organizations from allocations
For such a fiscal year, the Secretary may award grants from the appropriate State or Indian country allocation determined under subparagraph (A) on a competitive basis to eligible community-based organizations to pay for the Federal share of assisting eligible communities to develop and carry out programs in accordance with this section.
(C) Reallocation
If, at the end of such a fiscal year, the Secretary determines that funds allocated for community-based organizations in a State or Indian country under subparagraph (B) remain unobligated, the Secretary may use such funds to award grants to eligible community-based organizations in another State or Indian country to pay for such Federal share. In awarding such grants, the Secretary shall consider the need to maintain geographic diversity among the recipients of such grants. Amounts made available through such grants shall remain available until expended.
(2) Other fiscal years
For any fiscal year in which the sums appropriated to carry out this section are less than $20,000,000, the Secretary may award grants on a competitive basis to eligible community-based organizations to pay for the Federal share of assisting eligible communities to develop and carry out programs in accordance with this section.
(3) Administrative costs
The Secretary may use not more than 3 percent of the funds appropriated to carry out this section in any fiscal year for administrative costs.
(d) Program requirements
(1) Location
A community-based organization that receives a grant under this section to assist in carrying out such a program shall ensure that the program is carried out—
(A) when appropriate, in the facilities of a public school during nonschool hours; or
(B) in another appropriate local facility in a State or Indian country, such as a college or university, a local or State park or recreation center, church, or military base, that is—
(i) in a location that is easily accessible to children in the community; and
(ii) in compliance with all applicable local ordinances.
(2) Use of funds
Such community-based organization—
(A) shall use funds made available through the grant to provide, to children in the eligible community, services and activities that—
(i) 3 shall include supervised sports programs, and extracurricular and academic programs, that are offered—
(I) after school and on weekends and holidays, during the school year; and
(II) as daily full-day programs (to the extent available resources permit) or as part-day programs, during the summer months;
(B) in providing such extracurricular and academic programs, shall provide programs such as curriculum-based supervised educational, work force preparation, entrepreneurship, cultural, health programs, social activities, arts and crafts programs, dance programs, tutorial and mentoring programs, and other related activities;
(C) may use—
(i) such funds for minor renovation of facilities that are in existence prior to the operation of the program and that are necessary for the operation of the program for which the organization receives the grant, purchase of sporting and recreational equipment and supplies, reasonable costs for the transportation of participants in the program, hiring of staff, provision of meals for such participants, provision of health services consisting of an initial basic physical examination, provision of first aid and nutrition guidance, family counselling, parental training, and substance abuse treatment where appropriate; and
(ii) not more than 5 percent of such funds to pay for the administrative costs of the program; and
(D) may not use such funds to provide sectarian worship or sectarian instruction.
(e) Eligible community identification
(1) Identification
To be eligible to receive a grant under this section, a community-based organization shall identify an eligible community to be assisted under this section.
(2) Criteria
Such eligible community shall be an area that meets such criteria with respect to significant poverty and significant juvenile delinquency, and such additional criteria, as the Secretary may by regulation require.
(f) Applications
(1) Application required
To be eligible to receive a grant under this section, a community-based organization shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require, and obtain approval of such application.
(2) Contents of application
Each application submitted pursuant to paragraph (1) shall—
(A) describe the activities and services to be provided through the program for which the grant is sought;
(B) contain an assurance that the community-based organization will spend grant funds received under this section in a manner that the community-based organization determines will best accomplish the objectives of this section;
(C) contain a comprehensive plan for the program that is designed to achieve identifiable goals for children in the eligible community;
(D) set forth measurable goals and outcomes for the program that—
(i) will—
(I) where appropriate, make a public school the focal point of the eligible community; or
(II) make a local facility described in subsection (d)(1)(B) such a focal point; and
(ii) may include reducing the percentage of children in the eligible community that enter the juvenile justice system, increasing the graduation rates, school attendance, and academic success of children in the eligible community, and improving the skills of program participants;
(E) provide evidence of support for accomplishing such goals and outcomes from—
(i) community leaders;
(ii) businesses;
(iii) local educational agencies;
(iv) local officials;
(v) State officials;
(vi) Indian tribal government officials; and
(vii) other organizations that the community-based organization determines to be appropriate;
(F) contain an assurance that the community-based organization will use grant funds received under this section to provide children in the eligible community with activities and services that shall include supervised sports programs, and extracurricular and academic programs, in accordance with subparagraphs (A) and (B) of subsection (d)(2);
(G) contain a list of the activities and services that will be offered through the program for which the grant is sought and sponsored by private nonprofit organizations, individuals, and groups serving the eligible community, including—
(i) extracurricular and academic programs, such as programs described in subsection (d)(2)(B); and
(ii) activities that address specific needs in the community;
(H) demonstrate the manner in which the community-based organization will make use of the resources, expertise, and commitment of private entities in carrying out the program for which the grant is sought;
(I) include an estimate of the number of children in the eligible community expected to be served pursuant to the program;
(J) include a description of charitable private resources, and all other resources, that will be made available to achieve the goals of the program;
(K) contain an assurance that the community-based organization will use competitive procedures when purchasing, contracting, or otherwise providing for goods, activities, or services to carry out programs under this section;
(L) contain an assurance that the program will maintain a staff-to-participant ratio (including volunteers) that is appropriate to the activity or services provided by the program;
(M) contain an assurance that the program will maintain an average attendance rate of not less than 75 percent of the participants enrolled in the program, or will enroll additional participants in the program;
(N) contain an assurance that the community-based organization will comply with any evaluation under subsection (m),4 any research effort authorized under Federal law, and any investigation by the Secretary;
(O) contain an assurance that the community-based organization shall prepare and submit to the Secretary an annual report regarding any program conducted under this section;
(P) contain an assurance that the program for which the grant is sought will, to the maximum extent possible, incorporate services that are provided solely through non-Federal private or nonprofit sources; and
(Q) contain an assurance that the community-based organization will maintain separate accounting records for the program.
(3) Priority
In awarding grants to carry out programs under this section, the Secretary shall give priority to community-based organizations who submit applications that demonstrate the greatest effort in generating local support for the programs.
(g) Eligibility of participants
(1) In general
To the extent possible, each child who resides in an eligible community shall be eligible to participate in a program carried out in such community that receives assistance under this section.
(2) Eligibility
To be eligible to participate in a program that receives assistance under this section, a child shall provide the express written approval of a parent or guardian, and shall submit an official application and agree to the terms and conditions of participation in the program.
(3) Nondiscrimination
In selecting children to participate in a program that receives assistance under this section, a community-based organization shall not discriminate on the basis of race, color, religion, sex, national origin, or disability.
(h) Peer review panel
(1) Establishment
The Secretary may establish a peer review panel that shall be comprised of individuals with demonstrated experience in designing and implementing community-based programs.
(2) Composition
A peer review panel shall include at least 1 representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic Committee, at the option of the Secretary.
(3) Functions
A peer review panel shall conduct the initial review of all grant applications received by the Secretary under subsection (f), make recommendations to the Secretary regarding—
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted under this section.
(i) Investigations and inspections
The Secretary may conduct such investigations and inspections as may be necessary to ensure compliance with the provisions of this section.
(j) Payments; Federal share; non-Federal share
(1) Payments
The Secretary shall, subject to the availability of appropriations, pay to each community-based organization having an application approved under subsection (f) the Federal share of the costs of developing and carrying out programs described in subsection (c).
(2) Federal share
The Federal share of such costs shall be no more than—
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) Non-Federal share
(A) In general
The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services (including the services described in subsection (f)(2)(P)), and funds appropriated by the Congress for the activity of any agency of an Indian tribal government or the Bureau of Indian Affairs on any Indian lands may be used to provide the non-Federal share of the costs of programs or projects funded under this part.
(B) Special rule
At least 15 percent of the non-Federal share of such costs shall be provided from private or nonprofit sources.
(k) Evaluation
The Secretary shall conduct a thorough evaluation of the programs assisted under this section, which shall include an assessment of—
(1) the number of children participating in each program assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children; and
(4) the number of such children being processed by the juvenile justice system.
(
References in Text
This subchapter, referred to in subsec. (b), was in the original "this title", meaning title III of
The Alaska Native Claims Settlement Act, referred to in subsec. (b), is
Amendments
1998—Subsec. (b).
Effective Date of 1998 Amendment
Amendment by
1 So in original. Probably should be followed by a closing parenthesis.
2 See References in Text note below.
3 So in original. No cl. (ii) has been enacted.
4 So in original. Probably should be subsection "(k)".
§13792. Repealed. Pub. L. 105–277, div. A, §101(f) [title VIII, §301(d)], Oct. 21, 1998, 112 Stat. 2681–337 , 2681-410
Section,
§13793. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this part—
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) Programs
Of the amounts appropriated under subsection (a) for any fiscal year—
(1) 70 percent shall be made available to carry out
(2) 30 percent shall be made available to carry out section 13792 1 of this title.
(
References in Text
1 See References in Text note below.
Part E—Assistance for Delinquent and At-Risk Youth
§§13801, 13802. Repealed. Pub. L. 109–162, title XI, §1154(b)(2), Jan. 5, 2006, 119 Stat. 3113
Section 13801,
Section 13802,
Part F—Police Recruitment
§13811. Grant authority
(a) Grants
(1) In general
The Attorney General may make grants to qualified community organizations to assist in meeting the costs of qualified programs which are designed to recruit and retain applicants to police departments.
(2) Consultation with the Ounce of Prevention Council
The Attorney General may consult with the Ounce of Prevention Council in making grants under paragraph (1).
(b) Qualified community organizations
An organization is a qualified community organization which is eligible to receive a grant under subsection (a) if the organization—
(1) is a nonprofit organization; and
(2) has training and experience in—
(A) working with a police department and with teachers, counselors, and similar personnel,
(B) providing services to the community in which the organization is located,
(C) developing and managing services and techniques to recruit individuals to become members of a police department and to assist such individuals in meeting the membership requirements of police departments,
(D) developing and managing services and techniques to assist in the retention of applicants to police departments, and
(E) developing other programs that contribute to the community.
(c) Qualified programs
A program is a qualified program for which a grant may be made under subsection (a) if the program is designed to recruit and train individuals from underrepresented neighborhoods and localities and if—
(1) the overall design of the program is to recruit and retain applicants to a police department;
(2) the program provides recruiting services which include tutorial programs to enable individuals to meet police force academic requirements and to pass entrance examinations;
(3) the program provides counseling to applicants to police departments who may encounter problems throughout the application process; and
(4) the program provides retention services to assist in retaining individuals to stay in the application process of a police department.
(d) Applications
To qualify for a grant under subsection (a), a qualified organization shall submit an application to the Attorney General in such form as the Attorney General may prescribe. Such application shall—
(1) include documentation from the applicant showing—
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the population to be served, including age, disability, race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attorney General that the program for which a grant is made will meet the applicable requirements of the program guidelines prescribed by the Attorney General under subsection (i).
(e) Action by Attorney General
Not later than 60 days after the date that an application for a grant under subsection (a) is received, the Attorney General shall consult with the police department which will be involved with the applicant and shall—
(1) approve the application and disburse the grant funds applied for; or
(2) disapprove the application and inform the applicant that the application is not approved and provide the applicant with the reasons for the disapproval.
(f) Grant disbursement
The Attorney General shall disburse funds under a grant under subsection (a) in accordance with regulations of the Attorney General which shall ensure—
(1) priority is given to applications for areas and organizations with the greatest showing of need;
(2) that grant funds are equitably distributed on a geographic basis; and
(3) the needs of underserved populations are recognized and addressed.
(g) Grant period
A grant under subsection (a) shall be made for a period not longer than 3 years.
(h) Grantee reporting
(1) For each year of a grant period for a grant under subsection (a), the recipient of the grant shall file a performance report with the Attorney General explaining the activities carried out with the funds received and assessing the effectiveness of such activities in meeting the purpose of the recipient's qualified program.
(2) If there was more than one recipient of a grant, each recipient shall file such report.
(3) The Attorney General shall suspend the funding of a grant, pending compliance, if the recipient of the grant does not file the report required by this subsection or uses the grant for a purpose not authorized by this section.
(i) Guidelines
The Attorney General shall, by regulation, prescribe guidelines on content and results for programs receiving a grant under subsection (a). Such guidelines shall be designed to establish programs which will be effective in training individuals to enter instructional programs for police departments and shall include requirements for—
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and counseling programs and the means and devices used to publicize such programs.
(
§13812. Authorization of appropriations
There are authorized to be appropriated for grants under
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.
(
Part G—National Community Economic Partnership
subpart 1—community economic partnership investment funds
§13821. Purpose
It is the purpose of this subpart to increase private investment in distressed local communities and to build and expand the capacity of local institutions to better serve the economic needs of local residents through the provision of financial and technical assistance to community development corporations.
(
Short Title
For short title of this part as the "National Community Economic Partnership Act of 1994", see section 31101 of
§13822. Provision of assistance
(a) Authority
The Secretary of Health and Human Services (referred to in this part as the "Secretary") may, in accordance with this subpart, provide nonrefundable lines of credit to community development corporations for the establishment, maintenance or expansion of revolving loan funds to be utilized to finance projects intended to provide business and employment opportunities for low-income, unemployed, or underemployed individuals and to improve the quality of life in urban and rural areas.
(b) Revolving loan funds
(1) Competitive assessment of applications
In providing assistance under subsection (a) of this section, the Secretary shall establish and implement a competitive process for the solicitation and consideration of applications from eligible entities for lines of credit for the capitalization of revolving funds.
(2) Eligible entities
To be eligible to receive a line of credit under this subpart an applicant shall—
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary that shall include a strategic investment plan that identifies and describes the economic characteristics of the target area to be served, the types of business to be assisted and the impact of such assistance on low-income, underemployed, and unemployed individuals in the target area;
(C) demonstrate previous experience in the development of low-income housing or community or business development projects in a low-income community and provide a record of achievement with respect to such projects; and
(D) have secured one or more commitments from local sources for contributions (either in cash or in kind, letters of credit or letters of commitment) in an amount that is at least equal to the amount requested in the application submitted under subparagraph (B).
(3) Exception
Notwithstanding the provisions of paragraph (2)(D), the Secretary may reduce local contributions to not less than 25 percent of the amount of the line of credit requested by the community development corporation if the Secretary determines such to be appropriate in accordance with
(
§13823. Approval of applications
(a) In general
In evaluating applications submitted under
(1) the residents of the target area to be served (as identified under the strategic development plan) would have an income that is less than the median income for the area (as determined by the Secretary);
(2) the applicant community development corporation possesses the technical and managerial capability necessary to administer a revolving loan fund and has past experience in the development and management of housing, community and economic development programs;
(3) the applicant community development corporation has provided sufficient evidence of the existence of good working relationships with—
(A) local businesses and financial institutions, as well as with the community the corporation proposes to serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will target job opportunities that arise from revolving loan fund investments under this subpart so that 75 percent of the jobs retained or created under such investments are provided to—
(A) individuals with—
(i) incomes that do not exceed the Federal poverty line; or
(ii) incomes that do not exceed 80 percent of the median income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have participated in job training programs authorized under title I of the Workforce Innovation and Opportunity Act [
(D) individuals whose jobs may be retained as a result of the provision of financing available under this subpart; or
(E) individuals who have historically been underrepresented in the local economy; and
(5) a representative cross section of applicants are approved, including large and small community development corporations, urban and rural community development corporations and community development corporations representing diverse populations.
(b) Priority
In determining which application to approve under this subpart the Secretary shall give priority to those applicants proposing to serve a target area—
(1) with a median income that does not exceed 80 percent of the median for the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the Secretary or in which the population loss is at least 7 percent from April 1, 1980, to April 1, 1990, as reported by the Bureau of the Census.
(
References in Text
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(4)(C), is
The Family Support Act of 1988, referred to in subsec. (a)(4)(C), is
Amendments
2014—Subsec. (a)(4)(C).
1998—Subsec. (a)(4)(C).
Effective Date of 2014 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(44)] of
§13824. Availability of lines of credit and use
(a) Approval of application
The Secretary shall provide a community development corporation that has an application approved under
(b) Limitations on availability of amounts
(1) Maximum amount
The Secretary shall not provide in excess of $2,000,000 in lines of credit under this subpart to a single applicant.
(2) Period of availability
A line of credit provided under this subpart shall remain available over a period of time established by the Secretary, but in no event shall any such period of time be in excess of 3 years from the date on which such line of credit is made available.
(3) Exception
Notwithstanding paragraphs (1) and (2), if a recipient of a line of credit under this subpart has made full and productive use of such line of credit, can demonstrate the need and demand for additional assistance, and can meet the requirements of
(c) Amounts drawn from line of credit
Amounts drawn from each line of credit under this subpart shall be used solely for the purposes described in
(d) Use of revolving loan funds
Revolving loan funds established with lines of credit provided under this subpart may be used to provide technical assistance to private business enterprises and to provide financial assistance in the form of loans, loan guarantees, interest reduction assistance, equity shares, and other such forms of assistance to business enterprises in target areas and who are in compliance with
(
§13825. Limitations on use of funds
(a) Matching requirement
Not to exceed 50 percent of the total amount to be invested by an entity under this subpart may be derived from funds made available from a line of credit under this subpart.
(b) Technical assistance and administration
Not to exceed 10 percent of the amounts available from a line of credit under this subpart shall be used for the provision of training or technical assistance and for the planning, development, and management of economic development projects. Community development corporations shall be encouraged by the Secretary to seek technical assistance from other community development corporations, with expertise in the planning, development and management of economic development projects. The Secretary shall assist in the identification and facilitation of such technical assistance.
(c) Local and private sector contributions
To receive funds available under a line of credit provided under this subpart, an entity, using procedures established by the Secretary, shall demonstrate to the community development corporation that such entity agrees to provide local and private sector contributions in accordance with
(d) Use of proceeds from investments
Proceeds derived from investments made using funds made available under this subpart may be used only for the purposes described in
(
§13826. Program priority for special emphasis programs
(a) In general
The Secretary shall give priority in providing lines of credit under this subpart to community development corporations that propose to undertake economic development activities in distressed communities that target women, Native Americans, at risk youth, farmworkers, population-losing communities, very low-income communities, single mothers, veterans, and refugees; or that expand employee ownership of private enterprises and small businesses, and to programs providing loans of not more than $35,000 to very small business enterprises.
(b) Reservation of funds
Not less than 5 percent of the amounts made available under section 13822(a)(2)(A) 1 of this title may be reserved to carry out the activities described in subsection (a).
(
1 So in original. Probably should be section "13852(b)(1)".
subpart 2—emerging community development corporations
§13841. Community development corporation improvement grants
(a) Purpose
It is the purpose of this section to provide assistance to community development corporations to upgrade the management and operating capacity of such corporations and to enhance the resources available to enable such corporations to increase their community economic development activities.
(b) Skill enhancement grants
(1) In general
The Secretary shall award grants to community development corporations to enable such corporations to attain or enhance the business management and development skills of the individuals that manage such corporations to enable such corporations to seek the public and private resources necessary to develop community economic development projects.
(2) Use of funds
A recipient of a grant under paragraph (1) may use amounts received under such grant—
(A) to acquire training and technical assistance from agencies or institutions that have extensive experience in the development and management of low-income community economic development projects; or
(B) to acquire such assistance from other highly successful community development corporations.
(c) Operating grants
(1) In general
The Secretary shall award grants to community development corporations to enable such corporations to support an administrative capacity for the planning, development, and management of low-income community economic development projects.
(2) Use of funds
A recipient of a grant under paragraph (1) may use amounts received under such grant—
(A) to conduct evaluations of the feasibility of potential low-income community economic development projects that address identified needs in the low-income community and that conform to those projects and activities permitted under subpart 1; 1
(B) to develop a business plan related to such a potential project; or
(C) to mobilize resources to be contributed to a planned low-income community economic development project or strategy.
(d) Applications
A community development corporation that desires to receive a grant under this section shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(e) Amount available for community development corporation
Amounts provided under this section to a community development corporation shall not exceed $75,000 per year. Such corporations may apply for grants under this section for up to 3 consecutive years, except that such corporations shall be required to submit a new application for each grant for which such corporation desires to receive and compete on the basis of such applications in the selection process.
(
References in Text
Subpart 1, referred to in subsec. (c)(2)(A), was in the original "subtitle A", and was translated as reading "
1 See References in Text note below.
§13842. Emerging community development corporation revolving loan funds
(a) Authority
The Secretary may award grants to emerging community development corporations to enable such corporations to establish, maintain or expand revolving loan funds, to make or guarantee loans, or to make capital investments in new or expanding local businesses.
(b) Eligibility
To be eligible to receive a grant under subsection (a), an entity shall—
(1) be a community development corporation;
(2) have completed not less than one nor more than two community economic development projects or related projects that improve or provide job and employment opportunities to low-income individuals;
(3) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a strategic investment plan that identifies and describes the economic characteristics of the target area to be served, the types of business to be assisted using amounts received under the grant and the impact of such assistance on low-income individuals; and
(4) have secured one or more commitments from local sources for contributions (either in cash or in kind, letters of credit, or letters of commitment) in an amount that is equal to at least 10 percent of the amounts requested in the application submitted under paragraph (2).1
(c) Use of revolving loan fund
(1) In general
A revolving loan fund established or maintained with amounts received under this section may be utilized to provide financial and technical assistance, loans, loan guarantees or investments to private business enterprises to—
(A) finance projects intended to provide business and employment opportunities for low-income individuals and to improve the quality of life in urban and rural areas; and
(B) build and expand the capacity of emerging community development corporations and serve the economic needs of local residents.
(2) Technical assistance
The Secretary shall encourage emerging community development corporations that receive grants under this section to seek technical assistance from established community development corporations, with expertise in the planning, development and management of economic development projects and shall facilitate the receipt of such assistance.
(3) Limitation
Not to exceed 10 percent of the amounts received under this section by a grantee shall be used for training, technical assistance and administrative purposes.
(d) Use of proceeds from investments
Proceeds derived from investments made with amounts provided under this section may be utilized only for the purposes described in this part and shall be reinvested in the community in which they were generated.
(e) Amounts available
Amounts provided under this section to a community development corporation shall not exceed $500,000 per year.
(
1 So in original. Probably should be paragraph "(3)".
subpart 3—miscellaneous provisions
§13851. Definitions
As used in this part:
(1) Community development corporation
The term "community development corporation" means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low-income individuals and communities.
(2) Local and private sector contribution
The term "local and private sector contribution" means the funds available at the local level (by private financial institutions, State and local governments) or by any private philanthropic organization and private, nonprofit organizations that will be committed and used solely for the purpose of financing private business enterprises in conjunction with amounts provided under this part.
(3) Population-losing community
The term "population-losing community" means any county in which the net population loss is at least 7 percent from April 1, 1980 to April 1, 1990, as reported by the Bureau of the Census.
(4) Private business enterprise
The term "private business enterprise" means any business enterprise that is engaged in the manufacture of a product, provision of a service, construction or development of a facility, or that is involved in some other commercial, manufacturing or industrial activity, and that agrees to target job opportunities stemming from investments authorized under this part to certain individuals.
(5) Target area
The term "target area" means any area defined in an application for assistance under this part that has a population whose income does not exceed the median for the area within which the target area is located.
(6) Very low-income community
The term "very low-income community" means a community in which the median income of the residents of such community does not exceed 50 percent of the median income of the area.
(
§13852. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out subparts 1 and 2—
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) Earmarks
Of the aggregate amount appropriated under subsection (a) for each fiscal year—
(1) 60 percent shall be available to carry out subpart 1; and
(2) 40 percent shall be available to carry out subpart 2.
(c) Amounts
Amounts appropriated under subsection (a) shall remain available for expenditure without fiscal year limitation.
(
§13853. Prohibition
None of the funds authorized under this part shall be used to finance the construction of housing.
(
Part H—Community-Based Justice Grants for Prosecutors
§13861. Grant authorization
(a) In general
The Attorney General may make grants to State, Indian tribal, or local prosecutors for the purpose of supporting the creation or expansion of community-based justice programs.
(b) Consultation
The Attorney General may consult with the Ounce of Prevention Council in making grants under subsection (a).
(
§13862. Use of funds
Grants made by the Attorney General under this section shall be used—
(1) to fund programs that require the cooperation and coordination of prosecutors, school officials, police, probation officers, youth and social service professionals, and community members in the effort to reduce the incidence of, and increase the successful identification and speed of prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the offender, not simply the specific offense, and impose individualized sanctions, designed to deter that offender from further antisocial conduct, and impose increasingly serious sanctions on a young offender who continues to commit offenses;
(3) to fund programs that coordinate criminal justice resources with educational, social service, and community resources to develop and deliver violence prevention programs, including mediation and other conflict resolution methods, treatment, counseling, educational, and recreational programs that create alternatives to criminal activity;
(4) in rural States (as defined in
(5) by a State, unit of local government, or Indian tribe to create and expand witness and victim protection programs to prevent threats, intimidation, and retaliation against victims of, and witnesses to, violent crimes.
(
Amendments
2008—Par. (5).
§13863. Applications
(a) Eligibility
In order to be eligible to receive a grant under this part 1 for any fiscal year, a State, Indian tribal, or local prosecutor, in conjunction with the chief executive officer of the jurisdiction in which the program will be placed, shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(b) Requirements
Each applicant shall include—
(1) a request for funds for the purposes described in
(2) a description of the communities to be served by the grant, including the nature of the youth crime, youth violence, and child abuse problems within such communities;
(3) assurances that Federal funds received under this part 1 shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section; and
(4) statistical information in such form and containing such information that the Attorney General may require.
(c) Comprehensive plan
Each applicant shall include a comprehensive plan that shall contain—
(1) a description of the youth violence or child abuse crime problem;
(2) an action plan outlining how the applicant will achieve the purposes as described in
(3) a description of the resources available in the community to implement the plan together with a description of the gaps in the plan that cannot be filled with existing resources; and
(4) a description of how the requested grant will be used to fill gaps.
(
References in Text
This part, referred to in subsecs. (a) and (b)(3), appearing in the original is unidentifiable because subtitle Q of title III of
1 See References in Text note below.
§13864. Allocation of funds; limitations on grants
(a) Administrative cost limitation
The Attorney General shall use not more than 5 percent of the funds available under this program for the purposes of administration and technical assistance.
(b) Renewal of grants
A grant under this part 1 may be renewed for up to 2 additional years after the first fiscal year during which the recipient receives its initial grant under this part,1 subject to the availability of funds, if—
(1) the Attorney General determines that the funds made available to the recipient during the previous years were used in a manner required under the approved application; and
(2) the Attorney General determines that an additional grant is necessary to implement the community prosecution program described in the comprehensive plan required by
(
References in Text
This part, referred to in subsec. (b), appearing in the original is unidentifiable because subtitle Q of title III of
1 See References in Text note below.
§13865. Award of grants
The Attorney General shall consider the following facts in awarding grants:
(1) Demonstrated need and evidence of the ability to provide the services described in the plan required under
(2) The Attorney General shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.
(
§13866. Reports
(a) Report to Attorney General
State and local prosecutors that receive funds under this part shall submit to the Attorney General a report not later than March 1 of each year that describes progress achieved in carrying out the plan described under
(b) Report to Congress
The Attorney General shall submit to the Congress a report by October 1 of each year in which grants are made available under this part which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants, and an evaluation of programs established under this part.
(
§13867. Authorization of appropriations
There are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2012 to carry out this part.
(
Amendments
2008—
§13868. Definitions
In this part—
"Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (
"State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands.
"young violent offenders" means individuals, ages 7 through 22, who have committed crimes of violence, weapons offenses, drug distribution, hate crimes and civil rights violations, and offenses against personal property of another.
(
References in Text
The Alaska Native Claims Settlement Act, referred to in text, is
Part I—Family Unity Demonstration Project
§13881. Purpose
The purpose of this part is to evaluate the effectiveness of certain demonstration projects in helping to—
(1) alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of the parents;
(2) reduce recidivism rates of prisoners by encouraging strong and supportive family relationships; and
(3) explore the cost effectiveness of community correctional facilities.
(
Short Title
For short title of this part as the "Family Unity Demonstration Project Act", see section 31901 of
§13882. Definitions
In this part—
"child" means a person who is less than 7 years of age.
"community correctional facility" means a residential facility that—
(A) is used only for eligible offenders and their children under 7 years of age;
(B) is not within the confines of a jail or prison;
(C) houses no more than 50 prisoners in addition to their children; and
(D) provides to inmates and their children—
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent with medical standards for correctional facilities;
(iii) programs to improve the stability of the parent-child relationship, including educating parents regarding—
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for prisoners; and
(v) programs and support services to help inmates—
(I) to improve and maintain mental and physical health, including access to counseling;
(II) to obtain adequate housing upon release from State incarceration;
(III) to obtain suitable education, employment, or training for employment; and
(IV) to obtain suitable child care.
"eligible offender" means a primary caretaker parent who—
(A) has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and
(B) has not engaged in conduct that—
(i) knowingly resulted in death or serious bodily injury;
(ii) is a felony for a crime of violence against a person; or
(iii) constitutes child neglect or mental, physical, or sexual abuse of a child.
"primary caretaker parent" means—
(A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or
(B) a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child,
a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category "primary caretaker".
"State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(
§13883. Authorization of appropriations
(a) Authorization
There are authorized to be appropriated to carry out this part—
(1) $3,600,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,600,000 for fiscal year 1998;
(4) $3,600,000 for fiscal year 1999; and
(5) $5,400,000 for fiscal year 2000.
(b) Availability of appropriations
Of the amount appropriated under subsection (a) for any fiscal year—
(1) 90 percent shall be available to carry out subpart 1; and
(2) 10 percent shall be available to carry out subpart 2.
(
subpart 1—grants to states
§13891. Authority to make grants
(a) General authority
The Attorney General may make grants, on a competitive basis, to States to carry out in accordance with this part family unity demonstration projects that enable eligible offenders to live in community correctional facilities with their children.
(b) Preferences
For the purpose of making grants under subsection (a), the Attorney General shall give preference to a State that includes in the application required by
(1) both the State corrections agency and the State health and human services agency will participate substantially in, and cooperate closely in all aspects of, the development and operation of the family unity demonstration project for which such a grant is requested;
(2) boards made up of community members, including residents, local businesses, corrections officials, former prisoners, child development professionals, educators, and maternal and child health professionals will be established to advise the State regarding the operation of such project;
(3) the State has in effect a policy that provides for the placement of all prisoners, whenever possible, in correctional facilities for which they qualify that are located closest to their respective family homes;
(4) unless the Attorney General determines that a longer timeline is appropriate in a particular case, the State will implement the project not later than 180 days after receiving a grant under subsection (a) and will expend all of the grant during a 1-year period;
(5) the State has the capacity to continue implementing a community correctional facility beyond the funding period to ensure the continuity of the work;
(6) unless the Attorney General determines that a different process for selecting participants in a project is desirable, the State will—
(A) give written notice to a prisoner, not later than 30 days after the State first receives a grant under subsection (a) or 30 days after the prisoner is sentenced to a term of imprisonment of not more than 7 years (whichever is later), of the proposed or current operation of the project;
(B) accept at any time at which the project is in operation an application by a prisoner to participate in the project if, at the time of application, the remainder of the prisoner's sentence exceeds 180 days;
(C) review applications by prisoners in the sequence in which the State receives such applications; and
(D) not more than 50 days after reviewing such applications approve or disapprove the application; and
(7) for the purposes of selecting eligible offenders to participate in such project, the State has authorized State courts to sentence an eligible offender directly to a community correctional facility, provided that the court gives assurances that the offender would have otherwise served a term of imprisonment.
(c) Selection of grantees
The Attorney General shall make grants under subsection (a) on a competitive basis, based on such criteria as the Attorney General shall issue by rule and taking into account the preferences described in subsection (b).
(
§13892. Eligibility to receive grants
To be eligible to receive a grant under
(
§13893. Report
(a) In general
A State that receives a grant under this subpart 1 shall, not later than 90 days after the 1-year period in which the grant is required to be expended, submit a report to the Attorney General regarding the family unity demonstration project for which the grant was expended.
(b) Contents
A report under subsection (a) shall—
(1) state the number of prisoners who submitted applications to participate in the project and the number of prisoners who were placed in community correctional facilities;
(2) state, with respect to prisoners placed in the project, the number of prisoners who are returned to that jurisdiction and custody and the reasons for such return;
(3) describe the nature and scope of educational and training activities provided to prisoners participating in the project;
(4) state the number, and describe the scope of, contracts made with public and nonprofit private community-based organizations to carry out such project; and
(5) evaluate the effectiveness of the project in accomplishing the purposes described in
(
References in Text
This subpart, referred to in subsec. (a), was in the original "this title" and was translated as reading "this chapter", meaning
1 See References in Text note below.
subpart 2—family unity demonstration project for federal prisoners
§13901. Authority of Attorney General
(a) In general
With the funds available to carry out this part for the benefit of Federal prisoners, the Attorney General, acting through the Director of the Bureau of Prisons, shall select eligible prisoners to live in community correctional facilities with their children.
(b) General contracting authority
In implementing this part,1 the Attorney General may enter into contracts with appropriate public or private agencies to provide housing, sustenance, services, and supervision of inmates eligible for placement in community correctional facilities under this part.1
(c) Use of State facilities
At the discretion of the Attorney General, Federal participants may be placed in State projects as defined in subpart 1. For such participants, the Attorney General shall, with funds available under
(
References in Text
This part, referred to in subsec. (b), was in the original "this title" and was translated as reading "this subtitle", meaning subtitle S of title III of
1 See References in Text note below.
§13902. Requirements
For the purpose of placing Federal participants in a family unity demonstration project under
(
Part J—Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional Institutions
§13911. Prevention, diagnosis, and treatment of tuberculosis in correctional institutions
(a) Guidelines
The Attorney General, in consultation with the Secretary of Health and Human Services and the Director of the National Institute of Corrections, shall develop and disseminate to appropriate entities, including State, Indian tribal, and local correctional institutions and the Immigration and Naturalization Service, guidelines for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions and persons held in holding facilities operated by or under contract with the Immigration and Naturalization Service.
(b) Compliance
The Attorney General shall ensure that prisons in the Federal prison system and holding facilities operated by or under contract with the Immigration and Naturalization Service comply with the guidelines described in subsection (a).
(c) Grants
(1) In general
The Attorney General shall make grants to State, Indian tribal, and local correction authorities and public health authorities to assist in establishing and operating programs for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions.
(2) Federal share
The Federal share of funding of a program funded with a grant under paragraph (1) shall not exceed 50 percent.
(3) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
(d) Definitions
In this section—
"Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (
"State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands.
(
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (d), is
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
1 So in original. A closing parenthesis probably should precede the comma.
Part K—Gang Resistance Education and Training
§13921. Gang Resistance Education and Training projects
(a) Establishment of projects
(1) In general
The Attorney General shall establish not less than 50 Gang Resistance Education and Training (GREAT) projects, to be located in communities across the country, in addition to the number of projects currently funded.
(2) Selection of communities
Communities identified for such GREAT projects shall be selected by the Attorney General on the basis of gang-related activity in that particular community.
(3) Amount of assistance per project; allocation
The Attorney General shall make available not less than $800,000 per project, subject to the availability of appropriations, and such funds shall be allocated—
(A) 50 percent to the affected State and local law enforcement and prevention organizations participating in such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice for salaries, expenses, and associated administrative costs for operating and overseeing such projects.
(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section—
(1) $20,000,000 for fiscal year 2006;
(2) $20,000,000 for fiscal year 2007;
(3) $20,000,000 for fiscal year 2008;
(4) $20,000,000 for fiscal year 2009; and
(5) $20,000,000 for fiscal year 2010.
(
Amendments
2006—Subsec. (b).
2002—Subsec. (a).
Subsec. (a)(3)(B).
Effective Date of 2002 Amendment
Amendment by
SUBCHAPTER III—VIOLENCE AGAINST WOMEN
§13925. Definitions and grant provisions
(a) Definitions
In this subchapter:
(1) Alaska Native village
The term "Alaska Native village" has the same meaning given such term in the Alaska Native Claims Settlement Act (
(2) Courts
The term "courts" means any civil or criminal, tribal, and Alaska Native Village, Federal, State, local or territorial court having jurisdiction to address domestic violence, dating violence, sexual assault or stalking, including immigration, family, juvenile, and dependency courts, and the judicial officers serving in those courts, including judges, magistrate judges, commissioners, justices of the peace, or any other person with decisionmaking authority.
(3) Child abuse and neglect
The term "child abuse and neglect" means any recent act or failure to act on the part of a parent or caregiver with intent to cause death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm to an unemancipated minor. This definition shall not be construed to mean that failure to leave an abusive relationship, in the absence of other action constituting abuse or neglect, is itself abuse or neglect.
(4) Community-based organization
The term "community-based organization" means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that—
(A) focuses primarily on domestic violence, dating violence, sexual assault, or stalking;
(B) has established a specialized culturally specific program that addresses domestic violence, dating violence, sexual assault, or stalking;
(C) has a primary focus on underserved populations (and includes representatives of these populations) and domestic violence, dating violence, sexual assault, or stalking; or
(D) obtains expertise, or shows demonstrated capacity to work effectively, on domestic violence, dating violence, sexual assault, and stalking through collaboration.
(5) Child maltreatment
The term "child maltreatment" means the physical or psychological abuse or neglect of a child or youth, including sexual assault and abuse.
(6) Culturally specific
The term "culturally specific" means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act (
(7) Culturally specific services
The term "culturally specific services" means community-based services that include culturally relevant and linguistically specific services and resources to culturally specific communities.
(8) Domestic violence
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
(9) Dating partner
The term "dating partner" refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, and where the existence of such a relationship shall be determined based on a consideration of—
(A) the length of the relationship;
(B) the type of relationship; and
(C) the frequency of interaction between the persons involved in the relationship.
(10) Dating violence
The term "dating violence" means violence committed by a person—
(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) The length of the relationship.
(ii) The type of relationship.
(iii) The frequency of interaction between the persons involved in the relationship.
(11) Elder abuse
The term "elder abuse" means any action against a person who is 50 years of age or older that constitutes the willful—
(A) infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or
(B) deprivation by a person, including a caregiver, of goods or services with intent to cause physical harm, mental anguish, or mental illness.
(12) Homeless
The term "homeless" has the meaning provided in
(13) Indian
The term "Indian" means a member of an Indian tribe.
(14) Indian country
The term "Indian country" has the same meaning given such term in
(15) Indian housing
The term "Indian housing" means housing assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 (
(16) Indian tribe
The term "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (
(17) Indian law enforcement
The term "Indian law enforcement" means the departments or individuals under the direction of the Indian tribe that maintain public order.
(18) Law enforcement
The term "law enforcement" means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs or Village Public Safety Officers), including those referred to in
(19) Legal assistance
The term "legal assistance" includes assistance to adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in—
(A) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus administrative or protection or stay away order proceedings, and other similar matters; and
(B) criminal justice investigations, prosecutions and post-trial matters (including sentencing, parole, and probation) that impact the victim's safety and privacy.
Intake or referral, by itself, does not constitute legal assistance.
(20) Personally identifying information or personal information
The term "personally identifying information" or "personal information" means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including—
(A) a first and last name;
(B) a home or other physical address;
(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);
(D) a social security number, driver license number, passport number, or student identification number; and
(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.
(21) Population specific organization
The term "population specific organization" means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population.
(22) Population specific services
The term "population specific services" means victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population.
(23) Prosecution
The term "prosecution" means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency's component bureaus (such as governmental victim assistance programs).
(24) Protection order or restraining order
The term "protection order" or "restraining order" includes—
(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
(B) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.
(25) Rape crisis center
The term "rape crisis center" means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in
(26) Rural area and rural community
The term "rural area" and "rural community" mean—
(A) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget;
(B) any area or community, respectively, that is—
(i) within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and
(ii) located in a rural census tract; or
(C) any federally recognized Indian tribe.
(27) Rural State
The term "rural State" means a State that has a population density of 57 or fewer persons per square mile or a State in which the largest county has fewer than 250,000 people, based on the most recent decennial census.
(28) Sex trafficking
The term "sex trafficking" means any conduct proscribed by
(29) Sexual assault
The term "sexual assault" means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
(30) Stalking
The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
(A) fear for his or her safety or the safety of others; or
(B) suffer substantial emotional distress.
(31) State
The term "State" means each of the several States and the District of Columbia, and except as otherwise provided, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
(32) State domestic violence coalition
The term "State domestic violence coalition" means a program determined by the Administration for Children and Families under
(33) State sexual assault coalition
The term "State sexual assault coalition" means a program determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (
(34) Territorial domestic violence or sexual assault coalition
The term "territorial domestic violence or sexual assault coalition" means a program addressing domestic or sexual violence that is—
(A) an established nonprofit, nongovernmental territorial coalition addressing domestic violence or sexual assault within the territory; or
(B) a nongovernmental organization with a demonstrated history of addressing domestic violence or sexual assault within the territory that proposes to incorporate as a nonprofit, nongovernmental territorial coalition.
(35) Tribal coalition
The term "tribal coalition" means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or a Native Hawaiian organization that—
(A) provides education, support, and technical assistance to member Indian service providers in a manner that enables those member providers to establish and maintain culturally appropriate services, including shelter and rape crisis services, designed to assist Indian women and the dependents of those women who are victims of domestic violence, dating violence, sexual assault, and stalking; and
(B) is comprised of board and general members that are representative of—
(i) the member service providers described in subparagraph (A); and
(ii) the tribal communities in which the services are being provided.
(36) Tribal government
The term "tribal government" means—
(A) the governing body of an Indian tribe; or
(B) a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (
(37) Tribal nonprofit organization
The term "tribal nonprofit organization" means—
(A) a victim services provider that has as its primary purpose to assist Native victims of domestic violence, dating violence, sexual assault, or stalking; and
(B) staff and leadership of the organization must include persons with a demonstrated history of assisting American Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, or stalking.
(38) Tribal organization
The term "tribal organization" means—
(A) the governing body of any Indian tribe;
(B) any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body of a tribe or tribes to be served, or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities; or
(C) any tribal nonprofit organization.
(39) Underserved populations
The term "underserved populations" means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate.
(40) Unit of local government
The term "unit of local government" means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.
(41) Victim advocate
The term "victim advocate" means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program.
(42) Victim assistant
The term "victim assistant" means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a court or a law enforcement or prosecution agency.
(43) Victim service provider
The term "victim service provider" means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.
(44) Victim services or services
The terms "victim services" and "services" mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.
(45) Youth
The term "youth" means a person who is 11 to 24 years old.
(b) Grant conditions
(1) Match
No matching funds shall be required for any grant or subgrant made under this Act for—
(A) any tribe, territory, or victim service provider; or
(B) any other entity, including a State, that—
(i) petitions for a waiver of any match condition imposed by the Attorney General or the Secretaries of Health and Human Services or Housing and Urban Development; and
(ii) whose petition for waiver is determined by the Attorney General or the Secretaries of Health and Human Services or Housing and Urban Development to have adequately demonstrated the financial need of the petitioning entity.
(2) Nondisclosure of confidential or private information
(A) In general
In order to ensure the safety of adult, youth, and child victims of domestic violence, dating violence, sexual assault, or stalking, and their families, grantees and subgrantees under this subchapter shall protect the confidentiality and privacy of persons receiving services.
(B) Nondisclosure
Subject to subparagraphs (C) and (D), grantees and subgrantees shall not—
(i) disclose, reveal, or release any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees' and subgrantees' programs, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; or
(ii) disclose, reveal, or release individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian or in the case of legal incapacity, a court-appointed guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program, except that consent for release may not be given by the abuser of the minor, incapacitated person, or the abuser of the other parent of the minor.
If a minor or a person with a legally appointed guardian is permitted by law to receive services without the parent's or guardian's consent, the minor or person with a guardian may release information without additional consent.
(C) Release
If release of information described in subparagraph (B) is compelled by statutory or court mandate—
(i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by the disclosure of information; and
(ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.
(D) Information sharing
(i) Grantees and subgrantees may share—
(I) nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements;
(II) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; and
(III) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes.
(ii) In no circumstances may—
(I) an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking be required to provide a consent to release his or her personally identifying information as a condition of eligibility for the services provided by the grantee or subgrantee;
(II) any personally identifying information be shared in order to comply with Federal, tribal, or State reporting, evaluation, or data collection requirements, whether for this program or any other Federal, tribal, or State grant program.
(E) Statutorily mandated reports of abuse or neglect
Nothing in this section prohibits a grantee or subgrantee from reporting suspected abuse or neglect, as those terms are defined and specifically mandated by the State or tribe involved.
(F) Oversight
Nothing in this paragraph shall prevent the Attorney General from disclosing grant activities authorized in this Act to the chairman and ranking members of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate exercising Congressional oversight authority. All disclosures shall protect confidentiality and omit personally identifying information, including location information about individuals.
(G) Confidentiality assessment and assurances
Grantees and subgrantees must document their compliance with the confidentiality and privacy provisions required under this section.
(3) Approved activities
In carrying out the activities under this subchapter, grantees and subgrantees may collaborate with or provide information to Federal, State, local, tribal, and territorial public officials and agencies to develop and implement policies and develop and promote State, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking.
(4) Non-supplantation
Any Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities under this subchapter.
(5) Use of funds
Funds authorized and appropriated under this subchapter may be used only for the specific purposes described in this subchapter and shall remain available until expended.
(6) Reports
An entity receiving a grant under this subchapter shall submit to the disbursing agency a report detailing the activities undertaken with the grant funds, including and providing additional information as the agency shall require.
(7) Evaluation
Federal agencies disbursing funds under this subchapter shall set aside up to 3 percent of such funds in order to conduct—
(A) evaluations of specific programs or projects funded by the disbursing agency under this subchapter or related research; or
(B) evaluations of promising practices or problems emerging in the field or related research, in order to inform the agency or agencies as to which programs or projects are likely to be effective or responsive to needs in the field.
Final reports of such evaluations shall be made available to the public via the agency's website.
(8) Nonexclusivity
Nothing in this subchapter shall be construed to prohibit male victims of domestic violence, dating violence, sexual assault, and stalking from receiving benefits and services under this subchapter.
(9) Prohibition on tort litigation
Funds appropriated for the grant program under this subchapter may not be used to fund civil representation in a lawsuit based on a tort claim. This paragraph should not be construed as a prohibition on providing assistance to obtain restitution in a protection order or criminal case.
(10) Prohibition on lobbying
Any funds appropriated for the grant program shall be subject to the prohibition in
(11) Technical assistance
Of the total amounts appropriated under this subchapter, not less than 3 percent and up to 8 percent, unless otherwise noted, shall be available for providing training and technical assistance relating to the purposes of this subchapter to improve the capacity of the grantees, subgrantees, and other entities. If there is a demonstrated history that the Office on Violence Against Women has previously set aside amounts greater than 8 percent for technical assistance and training relating to grant programs authorized under this subchapter, the Office has the authority to continue setting aside amounts greater than 8 percent.
(12) Delivery of legal assistance
Any grantee or subgrantee providing legal assistance with funds awarded under this title shall comply with the eligibility requirements in section 1201(d) of the Violence Against Women Act of 2000 (
(13) Civil rights
(A) Nondiscrimination
No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18), sexual orientation, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of
(B) Exception
If sex segregation or sex-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual's sex. In such circumstances, grantees may meet the requirements of this paragraph by providing comparable services to individuals who cannot be provided with the sex-segregated or sex-specific programming.
(C) Discrimination
The authority of the Attorney General and the Office of Justice Programs to enforce this paragraph shall be the same as it is under
(D) Construction
Nothing contained in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities under other State or Federal civil rights law, whether statutory or common.
(14) Clarification of victim services and legal assistance
Victim services and legal assistance under this subchapter also include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons as defined by
(15) Conferral
(A) In general
The Office on Violence Against Women shall establish a biennial conferral process with State and tribal coalitions and technical assistance providers who receive funding through grants administered by the Office on Violence Against Women and authorized by this Act, and other key stakeholders.
(B) Areas covered
The areas of conferral under this paragraph shall include—
(i) the administration of grants;
(ii) unmet needs;
(iii) promising practices in the field; and
(iv) emerging trends.
(C) Initial conferral
The first conferral shall be initiated not later than 6 months after March 7, 2013.
(D) Report
Not later than 90 days after the conclusion of each conferral period, the Office on Violence Against Women shall publish a comprehensive report that—
(i) summarizes the issues presented during conferral and what, if any, policies it intends to implement to address those issues;
(ii) is made available to the public on the Office on Violence Against Women's website and submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(16) Accountability
All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions:
(A) Audit requirement
(i) In general
Beginning in the first fiscal year beginning after the date of the enactment of this Act,2 and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act 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.
(ii) 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 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.
(iii) Mandatory exclusion
A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the following 2 fiscal years.
(iv) Priority
In awarding grants under this Act, the Attorney General 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 Act.
(v) Reimbursement
If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General 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.
(B) Nonprofit organization requirements
(i) Definition
For purposes of this paragraph and the grant programs described in this Act, the term "nonprofit organization" means an organization that is described in
(ii) Prohibition
The Attorney General may not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in
(iii) Disclosure
Each nonprofit organization that is awarded a grant under a grant program described in this Act 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 Attorney General, 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 Attorney General shall make the information disclosed under this subsection available for public inspection.
(C) Conference expenditures
(i) Limitation
No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, 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, provides prior written authorization that the funds may be expended to host a conference.
(ii) Written approval
Written approval under clause (i) 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.
(iii) Report
The 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.
(D) Annual certification
Beginning in the first fiscal year beginning after the date of the enactment of this Act,2 the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that—
(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(ii) all mandatory exclusions required under subparagraph (A)(iii) have been issued;
(iii) all reimbursements required under subparagraph (A)(v) have been made; and
(iv) includes a list of any grant recipients excluded under subparagraph (A) from the previous year.
(
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title IV of
The Alaska Native Claims Settlement Act, referred to in subsec. (a)(1), (16), (36)(B), is
The Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsec. (a)(15), is
The Public Health Service Act, referred to in subsec. (a)(33), is act July 1, 1944, ch. 373,
This Act, referred to in subsec. (b)(1), (2)(F), (15)(A), (16), is
The Violence Against Women Act of 1994, referred to in subsec. (b)(13)(A), is title IV of
The Violence Against Women Act of 2000, referred to in subsec. (b)(13)(A), is div. B of
The Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in subsec. (b)(13)(A), is
The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (b)(13)(A), is
The date of the enactment of this Act, referred to in subsec. (b)(16)(A)(i), (D), probably means the date of enactment of
Amendments
2013—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6), (7).
Subsec. (a)(8).
Subsec. (a)(9) to (11).
Subsec. (a)(12).
Subsec. (a)(13) to (16).
Subsec. (a)(17).
Subsec. (a)(18).
Subsec. (a)(19).
Subsec. (a)(20) to (22).
Subsec. (a)(23).
Subsec. (a)(24).
Subsec. (a)(25).
Subsec. (a)(26).
Subsec. (a)(26)(C).
Subsec. (a)(27).
Subsec. (a)(28).
Subsec. (a)(29).
Subsec. (a)(30) to (32).
Subsec. (a)(33).
Subsec. (a)(34).
Subsec. (a)(35).
Subsec. (a)(36), (37).
Subsec. (a)(38).
Subsec. (a)(39), (40).
Subsec. (a)(41), (42).
Subsec. (a)(43) to (45).
Subsec. (b)(2)(B).
"(i) disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees' and subgrantees' programs; or
"(ii) reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian or in the case of persons with disabilities, the guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program, except that consent for release may not be given by the abuser of the minor, person with disabilities, or the abuser of the other parent of the minor."
Subsec. (b)(2)(D).
"(i) nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements;
"(ii) court-generated information and law-enforcement generated information contained in secure, governmental registries for protection order enforcement purposes; and
"(iii) law enforcement- and prosecution-generated information necessary for law enforcement and prosecution purposes."
Subsec. (b)(2)(E) to (G).
Subsec. (b)(3).
Subsec. (b)(7).
Subsec. (b)(12) to (16).
2010—Subsec. (a)(26).
2006—Subsec. (a)(1).
Subsec. (a)(23).
Subsec. (a)(31) to (37).
Subsec. (b)(1).
Subsec. (b)(11).
Effective Date of 2013 Amendment
Amendment by
Findings
"(1) Nearly 1/3 of American women report physical or sexual abuse by a husband or boyfriend at some point in their lives.
"(2) According to the National Crime Victimization Survey, 248,000 Americans 12 years of age and older were raped or sexually assaulted in 2002.
"(3) Rape and sexual assault in the United States is estimated to cost $127,000,000,000 per year, including—
"(A) lost productivity;
"(B) medical and mental health care;
"(C) police and fire services;
"(D) social services;
"(E) loss of and damage to property; and
"(F) reduced quality of life.
"(4) Nonreporting of sexual assault in rural areas is a particular problem because of the high rate of nonstranger sexual assault.
"(5) Geographic isolation often compounds the problems facing sexual assault victims. The lack of anonymity and accessible support services can limit opportunities for justice for victims.
"(6) Domestic elder abuse is primarily family abuse. The National Elder Abuse Incidence Study found that the perpetrator was a family member in 90 percent of cases.
"(7) Barriers for older victims leaving abusive relationships include—
"(A) the inability to support themselves;
"(B) poor health that increases their dependence on the abuser;
"(C) fear of being placed in a nursing home; and
"(D) ineffective responses by domestic abuse programs and law enforcement.
"(8) Disabled women comprise another vulnerable population with unmet needs. Women with disabilities are more likely to be the victims of abuse and violence than women without disabilities because of their increased physical, economic, social, or psychological dependence on others.
"(9) Many women with disabilities also fail to report the abuse, since they are dependent on their abusers and fear being abandoned or institutionalized.
"(10) Of the 598 battered women's programs surveyed—
"(A) only 35 percent of these programs offered disability awareness training for their staff; and
"(B) only 16 percent dedicated a staff member to provide services to women with disabilities.
"(11) Problems of domestic violence are exacerbated for immigrants when spouses control the immigration status of their family members, and abusers use threats of refusal to file immigration papers and threats to deport spouses and children as powerful tools to prevent battered immigrant women from seeking help, trapping battered immigrant women in violent homes because of fear of deportation.
"(12) Battered immigrant women who attempt to flee abusive relationships may not have access to bilingual shelters or bilingual professionals, and face restrictions on public or financial assistance. They may also lack assistance of a certified interpreter in court, when reporting complaints to the police or a 9–1–1 operator, or even in acquiring information about their rights and the legal system.
"(13) More than 500 men and women call the National Domestic Violence Hotline every day to get immediate, informed, and confidential assistance to help deal with family violence.
"(14) The National Domestic Violence Hotline service is available, toll-free, 24 hours a day and 7 days a week, with bilingual staff, access to translators in 150 languages, and a TTY line for the hearing-impaired.
"(15) With access to over 5,000 shelters and service providers across the United States, Puerto Rico, and the United States Virgin Islands, the National Domestic Violence Hotline provides crisis intervention and immediately connects callers with sources of help in their local community.
"(16) Approximately 60 percent of the callers indicate that calling the Hotline is their first attempt to address a domestic violence situation and that they have not called the police or any other support services.
"(17) Between 2000 and 2003, there was a 27 percent increase in call volume at the National Domestic Violence Hotline.
"(18) Improving technology infrastructure at the National Domestic Violence Hotline and training advocates, volunteers, and other staff on upgraded technology will drastically increase the Hotline's ability to answer more calls quickly and effectively."
"(1) Youth, under the age of 18, account for 67 percent of all sexual assault victimizations reported to law enforcement officials.
"(2) The Department of Justice consistently finds that young women between the ages of 16 and 24 experience the highest rate of non-fatal intimate partner violence.
"(3) In 1 year, over 4,000 incidents of rape or sexual assault occurred in public schools across the country.
"(4) Young people experience particular obstacles to seeking help. They often do not have access to money, transportation, or shelter services. They must overcome issues such as distrust of adults, lack of knowledge about available resources, or pressure from peers and parents.
"(5) A needs assessment on teen relationship abuse for the State of California, funded by the California Department of Health Services, identified a desire for confidentiality and confusion about the law as 2 of the most significant barriers to young victims of domestic and dating violence seeking help.
"(6) Only one State specifically allows for minors to petition the court for protection orders.
"(7) Many youth are involved in dating relationships, and these relationships can include the same kind of domestic violence and dating violence seen in the adult population. In fact, more than 40 percent of all incidents of domestic violence involve people who are not married.
"(8) 40 percent of girls ages 14 to 17 report knowing someone their age who has been hit or beaten by a boyfriend, and 13 percent of college women report being stalked.
"(9) Of college women who said they had been the victims of rape or attempted rape, 12.8 percent of completed rapes, 35 percent of attempted rapes, and 22.9 percent of threatened rapes took place on a date. Almost 60 percent of the completed rapes that occurred on campus took place in the victim's residence.
"(10) According to a 3-year study of student-athletes at 10 Division I universities, male athletes made up only 3.3 percent of the general male university population, but they accounted for 19 percent of the students reported for sexual assault and 35 percent of domestic violence perpetrators."
1 So in original. The period probably should be preceded by another closing parenthesis.
2 See References in Text note below.
Part A—Safe Streets for Women
subpart 1—safety for women in public transit
§13931. Grants for capital improvements to prevent crime in public transportation
(a) General purpose
There is authorized to be appropriated not to exceed $10,000,000, for the Secretary of Transportation (referred to in this section as the "Secretary") to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. None of the provisions of this Act may be construed to prohibit the financing of projects under this section where law enforcement responsibilities are vested in a local public body other than the grant applicant.
(b) Grants for lighting, camera surveillance, and security phones
(1) From the sums authorized for expenditure under this section for crime prevention, the Secretary is authorized to make grants and loans to States and local public bodies or agencies for the purpose of increasing the safety of public transportation by—
(A) increasing lighting within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;
(B) increasing camera surveillance of areas within and adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;
(C) providing emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; or
(D) any other project intended to increase the security and safety of existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent shall be expended on projects of the type described in subsection (b)(1)(A) and (B).
(c) Reporting
All grants under this section are contingent upon the filing of a report with the Secretary and the Department of Justice, Office of Victims of Crime, showing crime rates in or adjacent to public transportation before, and for a 1-year period after, the capital improvement. Statistics shall be compiled on the basis of the type of crime, sex, race, ethnicity, language, and relationship of victim to the offender.
(d) Increased Federal share
Notwithstanding any other provision of law, the Federal share under this section for each capital improvement project that enhances the safety and security of public transportation systems and that is not required by law (including any other provision of this Act) shall be 90 percent of the net project cost of the project.
(e) Special grants for projects to study increasing security for women
From the sums authorized under this section, the Secretary shall provide grants and loans for the purpose of studying ways to reduce violent crimes against women in public transit through better design or operation of public transit systems.
(f) General requirements
All grants or loans provided under this section shall be subject to the same terms, conditions, requirements, and provisions applicable to grants and loans as specified in
(
References in Text
This Act, referred to in subsecs. (a) and (d), is
subpart 2—assistance to victims of sexual assault
§13941. Training programs
(a) In general
The Attorney General, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of—
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) Training programs
The Attorney General shall ensure, to the extent practicable, that training programs developed under subsection (a) are available in geographically diverse locations throughout the country.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018.
(
Amendments
2013—Subsec. (c).
2006—Subsec. (c).
Effective Date of 2013 Amendment
Amendment by
§13942. Confidentiality of communications between sexual assault or domestic violence victims and their counselors
(a) Study and development of model legislation
The Attorney General shall—
(1) study and evaluate the manner in which the States have taken measures to protect the confidentiality of communications between sexual assault or domestic violence victims and their therapists or trained counselors;
(2) develop model legislation that will provide the maximum protection possible for the confidentiality of such communications, within any applicable constitutional limits, taking into account the following factors:
(A) the danger that counseling programs for victims of sexual assault and domestic violence will be unable to achieve their goal of helping victims recover from the trauma associated with these crimes if there is no assurance that the records of the counseling sessions will be kept confidential;
(B) consideration of the appropriateness of an absolute privilege for communications between victims of sexual assault or domestic violence and their therapists or trained counselors, in light of the likelihood that such an absolute privilege will provide the maximum guarantee of confidentiality but also in light of the possibility that such an absolute privilege may be held to violate the rights of criminal defendants under the Federal or State constitutions by denying them the opportunity to obtain exculpatory evidence and present it at trial; and
(C) consideration of what limitations on the disclosure of confidential communications between victims of these crimes and their counselors, short of an absolute privilege, are most likely to ensure that the counseling programs will not be undermined, and specifically whether no such disclosure should be allowed unless, at a minimum, there has been a particularized showing by a criminal defendant of a compelling need for records of such communications, and adequate procedural safeguards are in place to prevent unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the findings made and model legislation developed as a result of the study and evaluation.
(b) Report and recommendations
Not later than the date that is 1 year after September 13, 1994, the Attorney General shall report to the Congress—
(1) the findings of the study and the model legislation required by this section; and
(2) recommendations based on the findings on the need for and appropriateness of further action by the Federal Government.
(c) Review of Federal evidentiary rules
The Judicial Conference of the United States shall evaluate and report to Congress its views on whether the Federal Rules of Evidence should be amended, and if so, how they should be amended, to guarantee that the confidentiality of communications between sexual assault victims and their therapists or trained counselors will be adequately protected in Federal court proceedings.
(
References in Text
The Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§13943. Information programs
The Attorney General shall compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correctional institution for a commission of an offense under
(
Part B—Safe Homes for Women
subpart 1—confidentiality for abused persons
§13951. Confidentiality of abused person's address
(a) Regulations
Not later than 90 days after September 13, 1994, the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons' addresses.
(b) Requirements
The regulations under subsection (a) shall require—
(1) in the case of an individual, the presentation to an appropriate postal official of a valid, outstanding protection order; and
(2) in the case of a domestic violence shelter, the presentation to an appropriate postal authority of proof from a State domestic violence coalition that meets the requirements of section 10410 1 of this title verifying that the organization is a domestic violence shelter.
(c) Disclosure for certain purposes
The regulations under subsection (a) shall not prohibit the disclosure of addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes.
(d) Existing compilations
Compilations of addresses existing at the time at which order is presented to an appropriate postal official shall be excluded from the scope of the regulations under subsection (a).
(
References in Text
1 See References in Text note below.
subpart 2—data and research
§13961. Research agenda
(a) Request for contract
The Attorney General shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and experts on domestic violence in diverse, ethnic, social, and language minority communities and the social sciences. In setting the agenda, the Academy shall focus primarily on preventive, educative, social, and legal strategies, including addressing the needs of underserved populations.
(b) Declination of request
If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Attorney General shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice.
(c) Report
The Attorney General shall ensure that no later than 1 year after September 13, 1994, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(
Development of Research Agenda Identified by the Violence Against Women Act of 1994
"(a)
"(1) direct the National Institute of Justice, in consultation and coordination with the Bureau of Justice Statistics and the National Academy of Sciences, through its National Research Council, to develop a research agenda based on the recommendations contained in the report entitled 'Understanding Violence Against Women' of the National Academy of Sciences; and
"(2) not later than 1 year after the date of the enactment of this Act [Oct. 28, 2000], in consultation with the Secretary of the Department of Health and Human Services, submit to Congress a report which shall include—
"(A) a description of the research agenda developed under paragraph (1) and a plan to implement that agenda; and
"(B) recommendations for priorities in carrying out that agenda to most effectively advance knowledge about and means by which to prevent or reduce violence against women.
"(b)
§13962. State databases
(a) In general
The Attorney General shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of sexual and domestic violence offenses within a State.
(b) Consultation
In conducting its study, the Attorney General shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, and nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The final report shall set forth the views of the persons consulted on the recommendations.
(c) Report
The Attorney General shall ensure that no later than 1 year after September 13, 1994, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committees on the Judiciary of the Senate and the House of Representatives.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section $200,000 for fiscal year 1996.
(
§13963. Number and cost of injuries
(a) Study
The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out this section—$100,000 for fiscal year 1996.
(
Change of Name
Centers for Disease Control changed to Centers for Disease Control and Prevention by
subpart 3—rural domestic violence and child abuse enforcement
§13971. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance
(a) Purposes
The purposes of this section are—
(1) to identify, assess, and appropriately respond to child, youth, and adult victims of domestic violence, sexual assault, dating violence, and stalking in rural communities, by encouraging collaboration among—
(A) domestic violence, dating violence, sexual assault, and stalking victim service providers;
(B) law enforcement agencies;
(C) prosecutors;
(D) courts;
(E) other criminal justice service providers;
(F) human and community service providers;
(G) educational institutions; and
(H) health care providers, including sexual assault forensic examiners;
(2) to establish and expand nonprofit, nongovernmental, State, tribal, territorial, and local government victim services in rural communities to child, youth, and adult victims; and
(3) to increase the safety and well-being of women and children in rural communities, by—
(A) dealing directly and immediately with domestic violence, sexual assault, dating violence, and stalking occurring in rural communities; and
(B) creating and implementing strategies to increase awareness and prevent domestic violence, sexual assault, dating violence, and stalking.
(b) Grants authorized
The Attorney General, acting through the Director of the Office on Violence Against Women (referred to in this section as the "Director"), may award grants to States, Indian tribes, local governments, and nonprofit, public or private entities, including tribal nonprofit organizations, to carry out programs serving rural areas or rural communities that address domestic violence, dating violence, sexual assault, and stalking by—
(1) implementing, expanding, and establishing cooperative efforts and projects among law enforcement officers, prosecutors, victim service providers, and other related parties to investigate and prosecute incidents of domestic violence, dating violence, sexual assault, and stalking, including developing multidisciplinary teams focusing on high risk cases with the goal of preventing domestic and dating violence homicides;
(2) providing treatment, counseling, advocacy, legal assistance, and other long-term and short-term victim and population specific services to adult and minor victims of domestic violence, dating violence, sexual assault, and stalking in rural communities, including assistance in immigration matters;
(3) working in cooperation with the community to develop education and prevention strategies directed toward such issues; and
(4) developing, enlarging, or strengthening programs addressing sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and programs addressing rape kit backlogs.
(5) developing programs and strategies that focus on the specific needs of victims of domestic violence, dating violence, sexual assault, and stalking who reside in remote rural and geographically isolated areas, including addressing the challenges posed by the lack of access to shelters and victims services, and limited law enforcement resources and training, and providing training and resources to Community Health Aides involved in the delivery of Indian Health Service programs.
(c) Use of funds
Funds appropriated pursuant to this section shall be used only for specific programs and activities expressly described in subsection (a).
(d) Allotments and priorities
(1) Allotment for Indian tribes
(A) In general
Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by
(B) Applicability of part 1
The requirements of this section shall not apply to funds allocated for the program described in subparagraph (A).
(2) Allotment for sexual assault
(A) In general
Not less than 25 percent of the total amount appropriated in a fiscal year under this section shall fund services that meaningfully address sexual assault in rural communities, however at such time as the amounts appropriated reach the amount of $45,000,000, the percentage allocated shall rise to 30 percent of the total amount appropriated, at such time as the amounts appropriated reach the amount of $50,000,000, the percentage allocated shall rise to 35 percent of the total amount appropriated, and at such time as the amounts appropriated reach the amount of $55,000,000, the percentage allocated shall rise to 40 percent of the amounts appropriated.
(B) Multiple purpose applications
Nothing in this section shall prohibit any applicant from applying for funding to address sexual assault, domestic violence, stalking, or dating violence in the same application.
(3) Allotment for technical assistance
Of the amounts appropriated for each fiscal year to carry out this section, not more than 8 percent may be used by the Director for technical assistance costs. Of the amounts appropriated in this subsection, no less than 25 percent of such amounts shall be available to a nonprofit, nongovernmental organization or organizations whose focus and expertise is in addressing sexual assault to provide technical assistance to sexual assault grantees.
(4) Underserved populations
In awarding grants under this section, the Director shall give priority to the needs of underserved populations.
(5) Allocation of funds for rural States
Not less than 75 percent of the total amount made available for each fiscal year to carry out this section shall be allocated to eligible entities located in rural States.
(e) Authorization of appropriations
(1) In general
There are authorized to be appropriated $50,000,000 for each of fiscal years 2014 through 2018 to carry out this section.
(2) Additional funding
In addition to funds received through a grant under subsection (b), a law enforcement agency may use funds received through a grant under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(
References in Text
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (e)(2), is
Amendments
2013—Subsec. (a)(1)(H).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(4), (5).
Subsec. (e)(1).
2006—
Subsec. (c)(3).
Subsec. (d)(1).
2000—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c)(1).
"(A) $7,000,000 for fiscal year 1996;
"(B) $8,000,000 for fiscal year 1997; and
"(C) $15,000,000 for fiscal year 1998."
Subsec. (c)(3).
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
1 So in original. Probably should be "section".
subpart 3a—research on effective interventions to address violence against women
Codification
This subpart was, in the original,
§13973. Repealed. Pub. L. 113–4, title V, §501(b)(1), Mar. 7, 2013, 127 Stat. 101
Section,
subpart 4—transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
Codification
This subpart was, in the original,
Amendments
2013—
§13975. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
(a) In general
The Attorney General, acting in consultation with the Director of the Violence Against Women Office of the Department of Justice, the Department of Housing and Urban Development, and the Department of Health and Human Services, shall award grants under this section to States, units of local government, Indian tribes, and other organizations, including domestic violence and sexual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (referred to in this section as the "recipient") to carry out programs to provide assistance to minors, adults, and their dependents—
(1) who are homeless, or in need of transitional housing or other housing assistance, as a result of a situation of domestic violence, dating violence, sexual assault, or stalking; and
(2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient.
(b) Grants
Grants awarded under this section may be used for programs that provide—
(1) transitional housing, including funding for the operating expenses of newly developed or existing transitional housing.1
(2) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in subsection (a); and
(3) support services designed to enable a minor, an adult, or a dependent of such minor or adult, who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to—
(A) locate and secure permanent housing;
(B) secure employment, including obtaining employment counseling, occupational training, job retention counseling, and counseling concerning re-entry in to 2 the workforce; and
(C) integrate into a community by providing that minor, adult, or dependent with services, such as transportation, counseling, child care services, case management, and other assistance. Participation in the support services shall be voluntary. Receipt of the benefits of the housing assistance described in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their dependents in any or all of the support services offered them.
(c) Duration
(1) In general
Except as provided in paragraph (2), a minor, an adult, or a dependent, who receives assistance under this section shall receive that assistance for not more than 24 months.
(2) Waiver
The recipient of a grant under this section may waive the restriction under paragraph (1) for not more than an additional 6 month period with respect to any minor, adult, or dependent, who—
(A) has made a good-faith effort to acquire permanent housing; and
(B) has been unable to acquire permanent housing.
(d) Application
(1) In general
Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
(2) Contents
Each application submitted pursuant to paragraph (1) shall—
(A) describe the activities for which assistance under this section is sought;
(B) provide assurances that any supportive services offered to participants in programs developed under subsection (b)(3) are voluntary and that refusal to receive such services shall not be grounds for termination from the program or eviction from the victim's housing; and
(C) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.
(3) Application
Nothing in this subsection shall be construed to require—
(A) victims to participate in the criminal justice system in order to receive services; or
(B) domestic violence advocates to breach client confidentiality.
(e) Report to the Attorney General
(1) In general
A recipient of a grant under this section shall annually prepare and submit to the Attorney General a report describing—
(A) the number of minors, adults, and dependents assisted under this section; and
(B) the types of housing assistance and support services provided under this section.
(2) Contents
Each report prepared and submitted pursuant to paragraph (1) shall include information regarding—
(A) the purpose and amount of housing assistance provided to each minor, adult, or dependent, assisted under this section and the reason for that assistance;
(B) the number of months each minor, adult, or dependent, received assistance under this section;
(C) the number of minors, adults, and dependents who—
(i) were eligible to receive assistance under this section; and
(ii) were not provided with assistance under this section solely due to a lack of available housing;
(D) the type of support services provided to each minor, adult, or dependent, assisted under this section; and
(E) the client population served and the number of individuals requesting services that the transitional housing program is unable to serve as a result of a lack of resources.
(f) Report to Congress
(1) Reporting requirement
The Attorney General, with the Director of the Violence Against Women Office, shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e) of this section not later than 1 month after the end of each even-numbered fiscal year.
(2) Availability of report
In order to coordinate efforts to assist the victims of domestic violence, the Attorney General, in coordination with the Director of the Violence Against Women Office, shall transmit a copy of the report submitted under paragraph (1) to—
(A) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and
(B) the Office of Women's Health at the United States Department of Health and Human Services.
(g) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this section $35,000,000 for each of fiscal years 2014 through 2018.
(2) Limitations
Of the amount made available to carry out this section in any fiscal year, up to 5 percent may be used by the Attorney General for evaluation, monitoring, technical assistance, salaries and administrative expenses.
(3) Minimum amount
(A) In general
Except as provided in subparagraph (B), unless all qualified applications submitted by any States, units of local government, Indian tribes, or organizations within a State for a grant under this section have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.
(B) Exception
The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated not less than 0.25 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.
(C) Underserved populations
(i)
(I)
(II)
(ii) Priority shall be given to projects developed under subsection (b) that primarily serve underserved populations.
(D) Qualified application defined
In this paragraph, the term "qualified application" means an application that—
(i) has been submitted by an eligible applicant;
(ii) does not propose any activities that may compromise victim safety, including—
(I) background checks of victims; or
(II) clinical evaluations to determine eligibility for services;
(iii) reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and
(iv) does not propose prohibited activities, including mandatory services for victims.
(
Amendments
2013—
Subsec. (a)(1).
Subsec. (b)(3).
Subsec. (g)(1).
Subsec. (g)(3)(A).
Subsec. (g)(3)(D).
2006—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(3)(B).
Subsec. (c)(1).
Subsec. (d)(2)(B), (C).
Subsec. (e)(2)(A).
Subsec. (e)(2)(E).
Subsec. (f)(1).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3)(C).
Subsec. (g)(3)(C)(i).
Subsec. (g)(4).
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by sections 602(a) and 906(e) of
Transfer of Functions
Functions of Office on Women's Health of the Public Health Service exercised prior to Mar. 23, 2010, transferred to Office on Women's Health established under
1 So in original. The period probably should be a semicolon.
2 So in original. Probably should be "into".
3 So in original. Probably should be "section.—".
Part C—Civil Rights for Women
§13981. Civil rights
(a) Purpose
Pursuant to the affirmative power of Congress to enact this part under section 5 of the Fourteenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitution, it is the purpose of this part to protect the civil rights of victims of gender motivated violence and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender.
(b) Right to be free from crimes of violence
All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)).
(c) Cause of action
A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.
(d) Definitions
For purposes of this section—
(1) the term "crime of violence motivated by gender" means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim's gender; and
(2) the term "crime of violence" means— 1
(A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offenses described in
(B) includes an act or series of acts that would constitute a felony described in subparagraph (A) but for the relationship between the person who takes such action and the individual against whom such action is taken.
(e) Limitation and procedures
(1) Limitation
Nothing in this section entitles a person to a cause of action under subsection (c) for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender (within the meaning of subsection (d)).
(2) No prior criminal action
Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c).
(3) Concurrent jurisdiction
The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this part.
(4) Supplemental jurisdiction
Neither
(
References in Text
This part, referred to in subsecs. (a) and (e)(3), was in the original "this subtitle", meaning subtitle C of title IV of
Codification
Section is comprised of section 40302 of
Constitutionality
For constitutionality of section 40302 of
Short Title
For short title of this part as the "Civil Rights Remedies for Gender-Motivated Violence Act", see section 40301 of
1 So in original. The word "means" probably should appear after "(A)" below.
Part D—Equal Justice for Women in Courts
subpart 1—education and training for judges and court personnel in state courts
§13991. Grants authorized
The State Justice Institute may award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States (as defined in
(
Amendments
2000—
Short Title
For short title of this part as the "Equal Justice for Women in the Courts Act of 1994", see section 40401 of
§13992. Training provided by grants
Training provided pursuant to grants made under this part may include current information, existing studies, or current data on—
(1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child sexual abuse;
(3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape and sexual assault;
(6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice;
(7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant;
(10) the nature and incidence of domestic violence and dating violence (as defined in section 3796gg–2 1 of this title);
(11) the physical, psychological, and economic impact of domestic violence and dating violence on the victim, the costs to society, and the implications for court procedures and sentencing;
(12) the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic violence and dating violence, myths about presence or absence of domestic violence and dating violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice;
(14) historical evolution of laws and attitudes on domestic violence;
(15) proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection;
(17) economic, psychological, social and institutional reasons for victims' inability to leave the batterer, to report domestic violence or dating violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence or dating violence may refuse to testify against a defendant;
(18) the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence and dating violence cases;
(19) recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims;
(20) the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abuser's desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence;
(21) the issues raised by child sexual assault in determining custody and visitation, including how to protect the safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; 2
(22) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice; 3
(
References in Text
Amendments
2000—Par. (10).
Par. (11).
Par. (13).
Par. (17).
Par. (18).
Pars. (20) to (22).
1 See References in Text note below.
2 So in original. Probably should be followed by "and".
3 So in original. The semicolon probably should be a period.
§13993. Cooperation in developing programs in making grants under this part
The State Justice Institute shall ensure that model programs carried out pursuant to grants made under this part are developed with the participation of law enforcement officials, public and private nonprofit victim advocates, including national, State, tribal, and local domestic violence and sexual assault programs and coalitions, legal experts, prosecutors, defense attorneys, and recognized experts on gender bias in the courts.
(
Amendments
2000—
§13994. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this subpart $600,000 for fiscal year 1996 and $1,500,000 for each of the fiscal years 2001 through 2005.
(b) Model programs
Of amounts appropriated under this section, the State Justice Institute shall expend not less than 40 percent on model programs regarding domestic violence and not less than 40 percent on model programs regarding rape and sexual assault.
(c) State Justice Institute
The State Justice Institute may use up to 5 percent of the funds appropriated under this section for annually compiling and broadly disseminating (including through electronic publication) information about the use of funds and about the projects funded under this section, including any evaluations of the projects and information to enable the replication and adoption of the projects.
(
Amendments
2000—Subsec. (a).
Subsec. (c).
subpart 2—education and training for judges and court personnel in federal courts
§14001. Authorization of circuit studies; education and training grants
(a) Studies
In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, of gender bias in their respective circuits and to implement recommended reforms.
(b) Matters for examination
The studies under subsection (a) may include an examination of the effects of gender on—
(1) the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges;
(2) the interpretation and application of the law, both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes in judicial proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision of probation and parole;
(7) appointments to committees of the Judicial Conference and the courts;
(8) case management and court sponsored alternative dispute resolution programs;
(9) the selection, retention, promotion, and treatment of employees;
(10) appointment of arbitrators, experts, and special masters;
(11) the admissibility of the victim's past sexual history in civil and criminal cases; and
(12) the aspects of the topics listed in
(c) Clearinghouse
The Administrative Office of the United States Courts shall act as a clearinghouse to disseminate any reports and materials issued by the gender bias task forces under subsection (a) and to respond to requests for such reports and materials. The gender bias task forces shall provide the Administrative Office of the Courts of the United States 1 with their reports and related material.
(d) Continuing education and training programs
The Federal Judicial Center, in carrying out
(
Amendments
2000—Subsec. (d).
1 So in original. Probably should be "Administrative Office of the United States Courts".
§14002. Authorization of appropriations
There are authorized to be appropriated—
(1) to the Salaries and Expenses Account of the Courts of Appeals, District Courts, and other Judicial Services to carry out
(2) to the Federal Judicial Center to carry out
(3) to the Administrative Office of the United States Courts to carry out
(
Amendments
2000—Par. (2).
Part E—Violence Against Women Act Improvements
§14011. Payment of cost of testing for sexually transmitted diseases
(a) Omitted
(b) Limited testing of defendants
(1) Court order
The victim of an offense of the type referred to in subsection (a) 1 may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling.
(2) Showing required
To obtain an order under paragraph (1), the victim must demonstrate that—
(A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made;
(B) the test for the etiologic agent for acquired immune deficiency syndrome is requested by the victim after appropriate counseling; and
(C) the test would provide information necessary for the health of the victim of the alleged offense and the court determines that the alleged conduct of the defendant created a risk of transmission, as determined by the Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim.
(3) Follow-up testing
The court may order follow-up tests and counseling under paragraph (1) if the initial test was negative. Such follow-up tests and counseling shall be performed at the request of the victim on dates that occur six months and twelve months following the initial test.
(4) Termination of testing requirements
An order for follow-up testing under paragraph (3) shall be terminated if the person obtains an acquittal on, or dismissal of, all charges of the type referred to in subsection (a).1
(5) Confidentiality of test
The results of any test ordered under this subsection shall be disclosed only to the victim or, where the court deems appropriate, to the parent or legal guardian of the victim, and to the person tested. The victim may disclose the test results only to any medical professional, counselor, family member or sexual partner(s) the victim may have had since the attack. Any such individual to whom the test results are disclosed by the victim shall maintain the confidentiality of such information.
(6) Disclosure of test results
The court shall issue an order to prohibit the disclosure by the victim of the results of any test performed under this subsection to anyone other than those mentioned in paragraph (5). The contents of the court proceedings and test results pursuant to this section shall be sealed. The results of such test performed on the defendant under this section shall not be used as evidence in any criminal trial.
(7) Contempt for disclosure
Any person who discloses the results of a test in violation of this subsection may be held in contempt of court.
(c) Penalties for intentional transmission of HIV
Not later than 6 months after September 13, 1994, the United States Sentencing Commission shall conduct a study and prepare and submit to the committees 2 on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV.
(
Codification
Section is comprised of section 40503 of
Amendments
1996—Subsec. (b)(3).
Change of Name
Centers for Disease Control changed to Centers for Disease Control and Prevention by
Effective Date of 1996 Amendment
Amendment by
1 See Codification note below.
2 So in original. Probably should be capitalized.
§14012. National baseline study on campus sexual assault
(a) Study
The Attorney General, in consultation with the Secretary of Education, shall provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims. The Attorney General may utilize the Bureau of Justice Statistics, the National Institute of Justice, and the Office for Victims of Crime in carrying out this section.
(b) Report
Based on the study required by subsection (a) and data collected under the Student Right-To-Know and Campus Security Act (
(1) the number of reported allegations and estimated number of unreported allegations of campus sexual assaults, and to whom the allegations are reported (including authorities of the educational institution, sexual assault victim service entities, and local criminal authorities);
(2) the number of campus sexual assault allegations reported to authorities of educational institutions which are reported to criminal authorities;
(3) the number of campus sexual assault allegations that result in criminal prosecution in comparison with the number of non-campus sexual assault allegations that result in criminal prosecution;
(4) Federal and State laws or regulations pertaining specifically to campus sexual assaults;
(5) the adequacy of policies and practices of educational institutions in addressing campus sexual assaults and protecting victims, including consideration of—
(A) the security measures in effect at educational institutions, such as utilization of campus police and security guards, control over access to grounds and buildings, supervision of student activities and student living arrangements, control over the consumption of alcohol by students, lighting, and the availability of escort services;
(B) the articulation and communication to students of the institution's policies concerning sexual assaults;
(C) policies and practices that may prevent or discourage the reporting of campus sexual assaults to local criminal authorities, or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of campus sexual assaults;
(D) the nature and availability of victim services for victims of campus sexual assaults;
(E) the ability of educational institutions' disciplinary processes to address allegations of sexual assault adequately and fairly;
(F) measures that are taken to ensure that victims are free of unwanted contact with alleged assailants, and disciplinary sanctions that are imposed when a sexual assault is determined to have occurred; and
(G) the grounds on which educational institutions are subject to lawsuits based on campus sexual assaults, the resolution of these cases, and measures that can be taken to avoid the likelihood of lawsuits and civil liability;
(6) in conjunction with the report produced by the Department of Education in coordination with institutions of education under the Student Right-To-Know and Campus Security Act (
(7) any recommendations the Attorney General may have for reforms to address campus sexual assaults and protect victims more effectively, and any other matters that the Attorney General deems relevant to the subject of the study and report required by this section.
(c) Submission of report
The report required by subsection (b) shall be submitted to the Congress no later than September 1, 1996.
(d) "Campus sexual assaults" defined
For purposes of this section, "campus sexual assaults" includes sexual assaults occurring at institutions of postsecondary education and sexual assaults committed against or by students or employees of such institutions.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out the study required by this section—$200,000 for fiscal year 1996.
(
References in Text
The Student Right-To-Know and Campus Security Act, referred to in subsec. (b), is
§14013. Report on battered women's syndrome
(a) Report
Not less than 1 year after September 13, 1994, the Attorney General and the Secretary of Health and Human Services shall transmit to the House Committee on Energy and Commerce, the Senate Committee on Labor and Human Resources, and the Committees on the Judiciary of the Senate and the House of Representatives a report on the medical and psychological basis of "battered women's syndrome" and on the extent to which evidence of the syndrome has been considered in criminal trials.
(b) Components
The report under subsection (a) shall include—
(1) medical and psychological testimony on the validity of battered women's syndrome as a psychological condition;
(2) a compilation of State, tribal, and Federal court cases in which evidence of battered women's syndrome was offered in criminal trials; and
(3) an assessment by State, tribal, and Federal judges, prosecutors, and defense attorneys of the effects that evidence of battered women's syndrome may have in criminal trials.
(
Change of Name
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
§14014. Report on confidentiality of addresses for victims of domestic violence
(a) Report
The Attorney General shall conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses, notwithstanding the desire of the victims to have such information withheld to avoid further exposure to abuse. Based on the study, the Attorney General shall transmit a report to Congress including—
(1) the findings of the study concerning the means by which information concerning the addresses or locations of abused spouses may be obtained by abusers; and
(2) analysis of the feasibility of creating effective means of protecting the confidentiality of information concerning the addresses and locations of abused spouses to protect such persons from exposure to further abuse while preserving access to such information for legitimate purposes.
(b) Use of components
The Attorney General may use the National Institute of Justice and the Office for Victims of Crime in carrying out this section.
(
§14015. Report on recordkeeping relating to domestic violence
Not later than 1 year after September 13, 1994, the Attorney General shall complete a study of, and shall submit to Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. The study and report shall examine—
(1) the efforts that have been made by the Department of Justice, including the Federal Bureau of Investigation, to collect statistics on domestic violence; and
(2) the feasibility of requiring that the relationship between an offender and victim be reported in Federal records of crimes of aggravated assault, rape, and other violent crimes.
(
§14016. Enforcement of statutory rape laws
(a) Sense of Senate
It is the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws.
(b) Justice Department program on statutory rape
Not later than January 1, 1997, the Attorney General shall establish and implement a program that—
(1) studies the linkage between statutory rape and teenage pregnancy, particularly by predatory older men committing repeat offenses; and
(2) educates State and local criminal law enforcement officials on the prevention and prosecution of statutory rape, focusing in particular on the commission of statutory rape by predatory older men committing repeat offenses, and any links to teenage pregnancy.
(c) Violence against women initiative
The Attorney General shall ensure that the Department of Justice's Violence Against Women initiative addresses the issue of statutory rape, particularly the commission of statutory rape by predatory older men committing repeat offenses.
(
Codification
Section was enacted as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Part F—National Stalker and Domestic Violence Reduction
§14031. Grant program
(a) In general
The Attorney General is authorized to provide grants to States and units of local government to improve and implement processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases.
(b) Eligibility
To be eligible to receive a grant under subsection (a), a State or unit of local government shall certify that it has or intends to establish a program that enters into the National Crime Information Center records of—
(1) warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence;
(2) arrests or convictions of persons violating protection 1 or domestic violence; and
(3) protection orders for the protection of persons from stalking or domestic violence.
(
Amendments
2000—Subsec. (a).
1 So in original. Probably should be followed by "orders intended to protect victims from stalking".
§14032. Authorization of appropriations
There is authorized to be appropriated to carry out this part $3,000,000 for fiscal years 2014 through 2018.
(
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle F of title IV of
Amendments
2013—
2006—
2000—
"(1) $1,500,000 for fiscal year 1996;
"(2) $1,750,000 for fiscal year 1997; and
"(3) $2,750,000 for fiscal year 1998."
§14033. Application requirements
An application for a grant under this part shall be submitted in such form and manner, and contain such information, as the Attorney General may prescribe. In addition, applications shall include documentation showing—
(1) the need for grant funds and that State or local funding, as the case may be, does not already cover these operations;
(2) intended use of the grant funds, including a plan of action to increase record input; and
(3) an estimate of expected results from the use of the grant funds.
(
§14034. Disbursement
Not later than 90 days after the receipt of an application under this part, the Attorney General shall either provide grant funds or shall inform the applicant why grant funds are not being provided.
(
§14035. Technical assistance, training, and evaluations
The Attorney General may provide technical assistance and training in furtherance of the purposes of this part, and may provide for the evaluation of programs that receive funds under this part, in addition to any evaluation requirements that the Attorney General may prescribe for grantees. The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through contracts or other arrangements with other entities.
(
§14036. Training programs for judges
The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 10701 1 of this title) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources.
(
References in Text
1 See References in Text note below.
§14037. Recommendations on intrastate communication
The State Justice Institute, after consultation with nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in stalking and domestic violence cases, shall recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts.
(
§14038. Inclusion in National Incident-Based Reporting System
Not later than 2 years after September 13, 1994, the Attorney General, in accordance with the States, shall compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System (NIBRS).
(
§14039. Report to Congress
Each even-numbered fiscal year, the Attorney General shall submit to the Congress a biennial report that provides information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts and legislation.
(
Amendments
2006—
Report Relating to Stalking Laws
§14040. Definitions
As used in this part—
(1) the term "national crime information databases" refers to the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and
(2) the term "protection order" includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
(
Part G—Enhanced Training and Services To End Abuse Later in Life
Codification
This part was, in the original, subtitle H of title IV of
Amendments
§14041. Enhanced training and services to end abuse in later life
(a) Definitions
In this section—
(1) the term "exploitation" has the meaning given the term in
(2) the term "later life", relating to an individual, means the individual is 50 years of age or older; and
(3) the term "neglect" means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an individual in later life.
(b) Grant program
(1) Grants authorized
The Attorney General may make grants to eligible entities to carry out the activities described in paragraph (2).
(2) Mandatory and permissible activities
(A) Mandatory activities
An eligible entity receiving a grant under this section shall use the funds received under the grant to—
(i) provide training programs to assist law enforcement agencies, prosecutors, agencies of States or units of local government, population specific organizations, victim service providers, victim advocates, and relevant officers in Federal, tribal, State, territorial, and local courts in recognizing and addressing instances of elder abuse;
(ii) provide or enhance services for victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect;
(iii) establish or support multidisciplinary collaborative community responses to victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and
(iv) conduct cross-training for law enforcement agencies, prosecutors, agencies of States or units of local government, attorneys, health care providers, population specific organizations, faith-based advocates, victim service providers, and courts to better serve victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect.
(B) Permissible activities
An eligible entity receiving a grant under this section may use the funds received under the grant to—
(i) provide training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; or
(ii) conduct outreach activities and awareness campaigns to ensure that victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect receive appropriate assistance.
(C) Waiver
The Attorney General may waive 1 or more of the activities described in subparagraph (A) upon making a determination that the activity would duplicate services available in the community.
(D) Limitation
An eligible entity receiving a grant under this section may use not more than 10 percent of the total funds received under the grant for an activity described in subparagraph (B)(ii).
(3) Eligible entities
An entity shall be eligible to receive a grant under this section if—
(A) the entity is—
(i) a State;
(ii) a unit of local government;
(iii) a tribal government or tribal organization;
(iv) a population specific organization with demonstrated experience in assisting individuals over 50 years of age;
(v) a victim service provider with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking; or
(vi) a State, tribal, or territorial domestic violence or sexual assault coalition; and
(B) the entity demonstrates that it is part of a multidisciplinary partnership that includes, at a minimum—
(i) a law enforcement agency;
(ii) a prosecutor's office;
(iii) a victim service provider; and
(iv) a nonprofit program or government agency with demonstrated experience in assisting individuals in later life;
(4) Underserved populations
In making grants under this section, the Attorney General shall give priority to proposals providing services to culturally specific and underserved populations.
(5) Authorization of appropriations
There is authorized to be appropriated to carry out this section $9,000,000 for each of fiscal years 2014 through 2018.
(
Amendments
2013—
Effective Date of 2013 Amendment
Amendment by
§§14041a, 14041b. Omitted
Codification
Sections 14041a and 14041b were omitted in the general amendment of this part by
Section 14041a,
Section 14041b,
Part H—Domestic Violence Task Force
Codification
This part was, in the original, subtitle I of title IV of
§14042. Task force
(a) Establish
The Attorney General, in consultation with national nonprofit, nongovernmental organizations whose primary expertise is in domestic violence, shall establish a task force to coordinate research on domestic violence and to report to Congress on any overlapping or duplication of efforts on domestic violence issues. The task force shall be comprised of representatives from all Federal agencies that fund such research.
(b) Uses of funds
Funds appropriated under this section shall be used to—
(1) develop a coordinated strategy to strengthen research focused on domestic violence education, prevention, and intervention strategies;
(2) track and report all Federal research and expenditures on domestic violence; and
(3) identify gaps and duplication of efforts in domestic violence research and governmental expenditures on domestic violence issues.
(c) Report
The Task Force shall report to Congress annually on its work under subsection (b).
(d) Definition
For purposes of this section, the term "domestic violence" has the meaning given such term by section 3796gg–2 1 of this title.
(e) Authorization of Appropriations
There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2001 through 2004.
(
References in Text
Study of State Laws Regarding Insurance Discrimination Against Victims of Violence Against Women
Study of Workplace Effects From Violence Against Women
Study of Unemployment Compensation for Victims of Violence Against Women
1 See References in Text note below.
Part I—Violence Against Women Act Court Training and Improvements
Codification
This part was, in the original, subtitle J of title IV of
§§14043 to 14043a–3. Repealed. Pub. L. 113–4, title I, §104(b), Mar. 7, 2013, 127 Stat. 76
Section 14043,
Section 14043a,
Section 14043a–1,
Section 14043a–2,
Section 14043a—3,
Effective Date of Repeal
Repeal not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of
Part J—Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking
Codification
This part was, in the original, subtitle K of title IV of
§14043b. Grants to protect the privacy and confidentiality of victims of domestic violence, dating violence, sexual assault, and stalking
The Attorney General, through the Director of the Office on Violence Against Women, may award grants under this part to States, Indian tribes, territories, or local agencies or nonprofit, nongovernmental organizations to ensure that personally identifying information of adult, youth, and child victims of domestic violence, sexual violence, stalking, and dating violence shall not be released or disclosed to the detriment of such victimized persons.
(
§14043b–1. Purpose areas
Grants made under this part may be used—
(1) to develop or improve protocols, procedures, and policies for the purpose of preventing the release of personally identifying information of victims (such as developing alternative identifiers);
(2) to defray the costs of modifying or improving existing databases, registries, and victim notification systems to ensure that personally identifying information of victims is protected from release, unauthorized information sharing and disclosure;
(3) to develop confidential opt out systems that will enable victims of violence to make a single request to keep personally identifying information out of multiple databases, victim notification systems, and registries; or
(4) to develop safe uses of technology (such as notice requirements regarding electronic surveillance by government entities), to protect against abuses of technology (such as electronic or GPS stalking), or providing training for law enforcement on high tech electronic crimes of domestic violence, dating violence, sexual assault, and stalking.
(
§14043b–2. Eligible entities
Entities eligible for grants under this part include—
(1) jurisdictions or agencies within jurisdictions having authority or responsibility for developing or maintaining public databases, registries or victim notification systems;
(2) nonprofit nongovernmental victim advocacy organizations having expertise regarding confidentiality, privacy, and information technology and how these issues are likely to impact the safety of victims;
(3) States or State agencies;
(4) local governments or agencies;
(5) Indian tribal governments or tribal organizations;
(6) territorial governments, agencies, or organizations; or
(7) nonprofit nongovernmental victim advocacy organizations, including statewide domestic violence and sexual assault coalitions.
(
§14043b–3. Grant conditions
Applicants described in paragraph (1) and paragraphs (3) through (6) shall demonstrate that they have entered into a significant partnership with a State, tribal, territorial, or local victim service or advocacy organization or condition in order to develop safe, confidential, and effective protocols, procedures, policies, and systems for protecting personally identifying information of victims.
(
References in Text
Paragraph (1) and paragraphs (3) through (6), referred to in text, probably mean paragraphs (1) and (3) through (6) of
§14043b–4. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this part $5,000,000 for each of fiscal years 2007 through 2011.
(b) Tribal allocation
Of the amount made available under this section in each fiscal year, 10 percent shall be used for grants to Indian tribes for programs that assist victims of domestic violence, dating violence, stalking, and sexual assault.
(c) Technical assistance and training
Of the amount made available under this section in each fiscal year, not less than 5 percent shall be used for grants to organizations that have expertise in confidentiality, privacy, and technology issues impacting victims of domestic violence, dating violence, sexual assault, and stalking to provide technical assistance and training to grantees and non-grantees on how to improve safety, privacy, confidentiality, and technology to protect victimized persons.
(
Part K—Services, Education, Protection and Justice for Young Victims of Violence
Codification
This part was, in the original, subtitle L of title IV of
§14043c. Creating hope through outreach, options, services, and education for children and youth ("CHOOSE Children & Youth")
(a) Grants authorized
The Attorney General, working in collaboration with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, stalking, or sex trafficking and prevent future violence.
(b) Program purposes
Funds provided under this section may be used for the following program purpose areas:
(1) Services to advocate for and respond to youth
To develop, expand, and strengthen victim-centered interventions and services that target youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking. Services may include victim services, counseling, advocacy, mentoring, educational support, transportation, legal assistance in civil, criminal and administrative matters, such as family law cases, housing cases, child welfare proceedings, campus administrative proceedings, and civil protection order proceedings, population-specific services, and other activities that support youth in finding safety, stability, and justice and in addressing the emotional, cognitive, and physical effects of trauma. Funds may be used to—
(A) assess and analyze currently available services for youth victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking, determining relevant barriers to such services in a particular locality, and developing a community protocol to address such problems collaboratively;
(B) develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, stalking, or sex trafficking against youth; or
(C) provide technical assistance and training to enhance the ability of school personnel, victim service providers, child protective service workers, staff of law enforcement agencies, prosecutors, court personnel, individuals who work in after school programs, medical personnel, social workers, mental health personnel, and workers in other programs that serve children and youth to improve their ability to appropriately respond to the needs of children and youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking, and to properly refer such children, youth, and their families to appropriate services.
(2) Supporting youth through education and protection
To enable middle schools, high schools, and institutions of higher education to—
(A) provide training to school personnel, including healthcare providers and security personnel, on the needs of students who are victims of domestic violence, dating violence, sexual assault, stalking, or sex trafficking;
(B) develop and implement prevention and intervention policies in middle and high schools, including appropriate responses to, and identification and referral procedures for, students who are experiencing or perpetrating domestic violence, dating violence, sexual assault, stalking, or sex trafficking, and procedures for handling the requirements of court protective orders issued to or against students;
(C) provide support services for student victims of domestic violence, dating violence, sexual assault, stalking, or sex trafficking, such as a resource person who is either on-site or on-call;
(D) implement developmentally appropriate educational programming for students regarding domestic violence, dating violence, sexual assault, stalking, and sex trafficking and the impact of such violence on youth; or
(E) develop strategies to increase identification, support, referrals, and prevention programming for youth who are at high risk of domestic violence, dating violence, sexual assault, stalking, or sex trafficking.
(c) Eligible applicants
(1) In general
To be eligible to receive a grant under this section, an entity shall be—
(A) a victim service provider, tribal nonprofit, or population-specific or community-based organization with a demonstrated history of effective work addressing the needs of youth who are, including runaway or homeless youth affected by, victims of domestic violence, dating violence, sexual assault, stalking, or sex trafficking;
(B) a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth; or
(C) a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under
(2) Partnerships
(A) Education
To be eligible to receive a grant for the purposes described in subsection (b)(2), an entity described in paragraph (1) shall be partnered with a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under
(B) Other partnerships
All applicants under this section are encouraged to work in partnership with organizations and agencies that work with the relevant population. Such entities may include—
(i) a State, tribe, unit of local government, or territory;
(ii) a population specific or community-based organization;
(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or
(iv) any other agencies or nonprofit, nongovernmental organizations with the capacity to provide effective assistance to the adult, youth, and child victims served by the partnership.
(d) Grantee requirements
Applicants for grants under this section shall establish and implement policies, practices, and procedures that—
(1) require and include appropriate referral systems for child and youth victims;
(2) protect the confidentiality and privacy of child and youth victim information, particularly in the context of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers all with priority on victim safety and autonomy; and
(3) ensure that all individuals providing intervention or prevention programming to children or youth through a program funded under this section have completed, or will complete, sufficient training in connection with domestic violence, dating violence, sexual assault, stalking, and sex trafficking.
(e) Definitions and grant conditions
In this section, the definitions and grant conditions provided for in
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2014 through 2018.
(g) Allotment
(1) In general
Not less than 50 percent of the total amount appropriated under this section for each fiscal year shall be used for the purposes described in subsection (b)(1).
(2) Indian tribes
Not less than 10 percent of the total amount appropriated under this section for each fiscal year shall be made available for grants under the program authorized by
(h) Priority
The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.
(
Prior Provisions
A prior section 14043c,
Effective Date
Section not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of
§§14043c–1 to 14043c–3. Repealed. Pub. L. 113–4, title III, §302, Mar. 7, 2013, 127 Stat. 84
Section 14043c–1,
Section 14043c–2,
Section 14043c–3,
Effective Date of Repeal
Repeal not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of
Part L—Strengthening America's Families by Preventing Violence Against Women and Children
Codification
This part was, in the original, subtitle M of title IV of
§14043d. Findings
Congress finds that—
(1) the former United States Advisory Board on Child Abuse suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country;
(2) studies suggest that as many as 10,000,000 children witness domestic violence every year;
(3) studies suggest that among children and teenagers, recent exposure to violence in the home was a significant factor in predicting a child's violent behavior;
(4) a study by the Nurse-Family Partnership found that children whose parents did not participate in home visitation programs that provided coaching in parenting skills, advice and support, were almost 5 times more likely to be abused in their first 2 years of life;
(5) a child's exposure to domestic violence seems to pose the greatest independent risk for being the victim of any act of partner violence as an adult;
(6) children exposed to domestic violence are more likely to believe that using violence is an effective means of getting one's needs met and managing conflict in close relationships;
(7) children exposed to abusive parenting, harsh or erratic discipline, or domestic violence are at increased risk for juvenile crime; and
(8) in a national survey of more than 6,000 American families, 50 percent of men who frequently assaulted their wives also frequently abused their children.
(
§14043d–1. Purpose
The purpose of this part is to—
(1) prevent crimes involving violence against women, children, and youth;
(2) increase the resources and services available to prevent violence against women, children, and youth;
(3) reduce the impact of exposure to violence in the lives of children and youth so that the intergenerational cycle of violence is interrupted;
(4) develop and implement education and services programs to prevent children in vulnerable families from becoming victims or perpetrators of domestic violence, dating violence, sexual assault, or stalking;
(5) promote programs to ensure that children and youth receive the assistance they need to end the cycle of violence and develop mutually respectful, nonviolent relationships; and
(6) encourage collaboration among community-based organizations and governmental agencies serving children and youth, providers of health and mental health services and providers of domestic violence, dating violence, sexual assault, and stalking victim services to prevent violence against women and children.
(
§14043d–2. Saving money and reducing tragedies through prevention (SMART Prevention)
(a) Grants authorized
The Attorney General, in consultation with the Secretary of Health and Human Services and the Secretary of Education, is authorized to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms.
(b) Use of funds
Funds provided under this section may be used for the following purposes:
(1) Teen dating violence awareness and prevention
To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and individuals who influence young individuals. The prevention program may use evidence-based, evidence-informed, or innovative strategies and practices focused on youth. Such a program should include—
(A) age and developmentally-appropriate education on domestic violence, dating violence, sexual assault, stalking, and sexual coercion, as well as healthy relationship skills, in school, in the community, or in health care settings;
(B) community-based collaboration and training for those with influence on youth, such as parents, teachers, coaches, healthcare providers, faith-leaders, older teens, and mentors;
(C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and
(D) policy development targeted to prevention, including school-based policies and protocols.
(2) Children exposed to violence and abuse
To develop, maintain or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children's exposure to violence in the home. Such programs may include—
(A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including direct counseling or advocacy, and support for the non-abusing parent; and
(B) training and coordination for educational, after-school, and childcare programs on how to safely and confidentially identify children and families experiencing domestic violence, dating violence, sexual assault, or stalking and properly refer children exposed and their families to services and violence prevention programs.
(3) Engaging men as leaders and role models
To develop, maintain or enhance programs that work with men to prevent domestic violence, dating violence, sexual assault, and stalking by helping men to serve as role models and social influencers of other men and youth at the individual, school, community or statewide levels.
(c) Eligible entities
To be eligible to receive a grant under this section, an entity shall be—
(1) a victim service provider, community-based organization, tribe or tribal organization, or other non-profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and expertise in the specific area for which they are applying for funds; or
(2) a partnership between a victim service provider, community-based organization, tribe or tribal organization, or other non-profit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and at least one of the following that has expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking:
(A) A public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under
(B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth.
(C) A community-based organization, population-specific organization, university or health care clinic, faith-based organization, or other non-profit, nongovernmental organization with a demonstrated history of effective work addressing the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking.
(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking.
(E) Healthcare entities eligible for reimbursement under title XVIII of the Social Security Act [
(F) Any other agencies, population-specific organizations, or nonprofit, nongovernmental organizations with the capacity to provide necessary expertise to meet the goals of the program; or
(3) a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under
(d) Grantee requirements
(1) In general
Applicants for grants under this section shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require that demonstrates the capacity of the applicant and partnering organizations to undertake the project.
(2) Policies and procedures
Applicants under this section shall establish and implement policies, practices, and procedures that—
(A) include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care;
(B) protect the confidentiality and privacy of adult and youth victim information, particularly in the context of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers;
(C) ensure that all individuals providing prevention programming through a program funded under this section have completed or will complete sufficient training in connection with domestic violence, dating violence, sexual assault or stalking; and
(D) document how prevention programs are coordinated with service programs in the community.
(3) Preference
In selecting grant recipients under this section, the Attorney General shall give preference to applicants that—
(A) include outcome-based evaluation; and
(B) identify any other community, school, or State-based efforts that are working on domestic violence, dating violence, sexual assault, or stalking prevention and explain how the grantee or partnership will add value, coordinate with other programs, and not duplicate existing efforts.
(e) Definitions and grant conditions
In this section, the definitions and grant conditions provided for in
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2014 through 2018. Amounts appropriated under this section may only be used for programs and activities described under this section.
(g) Allotment
(1) In general
Not less than 25 percent of the total amounts appropriated under this section in each fiscal year shall be used for each set of purposes described in paragraphs (1), (2), and (3) of subsection (b).
(2) Indian tribes
Not less than 10 percent of the total amounts appropriated under this section in each fiscal year shall be made available for grants to Indian tribes or tribal organizations. If an insufficient number of applications are received from Indian tribes or tribal organizations, such funds shall be allotted to other population-specific programs.
(
References in Text
The Social Security Act, referred to in subsec. (c)(2)(E), is act Aug. 14, 1935, ch. 531,
Amendments
2013—
Effective Date of 2013 Amendment
Amendment by
§§14043d–3, 14043d–4. Repealed. Pub. L. 113–4, title IV, §402(b)(1), Mar. 7, 2013, 127 Stat. 95
Section 14043d–3,
Section 14043d–4,
Effective Date of Repeal
Repeal not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of
Part M—Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Codification
This part was, in the original, subtitle N of title IV of
subpart 1—grant programs
§14043e. Findings
Congress finds that:
(1) There is a strong link between domestic violence and homelessness. Among cities surveyed, 44 percent identified domestic violence as a primary cause of homelessness.
(2) Ninety-two percent of homeless women have experienced severe physical or sexual abuse at some point in their lives. Of all homeless women and children, 60 percent had been abused by age 12, and 63 percent have been victims of intimate partner violence as adults.
(3) Women and families across the country are being discriminated against, denied access to, and even evicted from public and subsidized housing because of their status as victims of domestic violence.
(4) A recent survey of legal service providers around the country found that these providers have responded to almost 150 documented eviction cases in the last year alone where the tenant was evicted because of the domestic violence crimes committed against her. In addition, nearly 100 clients were denied housing because of their status as victims of domestic violence.
(5) Women who leave their abusers frequently lack adequate emergency shelter options. The lack of adequate emergency options for victims presents a serious threat to their safety and the safety of their children. Requests for emergency shelter by homeless women with children increased by 78 percent of United States cities surveyed in 2004. In the same year, 32 percent of the requests for shelter by homeless families went unmet due to the lack of available emergency shelter beds.
(6) The average stay at an emergency shelter is 60 days, while the average length of time it takes a homeless family to secure housing is 6 to 10 months.
(7) Victims of domestic violence often return to abusive partners because they cannot find long-term housing.
(8) There are not enough Federal housing rent vouchers available to accommodate the number of people in need of long-term housing. Some people remain on the waiting list for Federal housing rent vouchers for years, while some lists are closed.
(9) Transitional housing resources and services provide an essential continuum between emergency shelter provision and independent living. A majority of women in transitional housing programs stated that had these programs not existed, they would have likely gone back to abusive partners.
(10) Because abusers frequently manipulate finances in an effort to control their partners, victims often lack steady income, credit history, landlord references, and a current address, all of which are necessary to obtain long-term permanent housing.
(11) Victims of domestic violence in rural areas face additional barriers, challenges, and unique circumstances, such as geographical isolation, poverty, lack of public transportation systems, shortages of health care providers, under-insurance or lack of health insurance, difficulty ensuring confidentiality in small communities, and decreased access to many resources (such as advanced education, job opportunities, and adequate childcare).
(12) Congress and the Secretary of Housing and Urban Development have recognized in recent years that families experiencing domestic violence have unique needs that should be addressed by those administering the Federal housing programs.
(
§14043e–1. Purpose
The purpose of this subpart is to reduce domestic violence, dating violence, sexual assault, and stalking, and to prevent homelessness by—
(1) protecting the safety of victims of domestic violence, dating violence, sexual assault, and stalking who reside in homeless shelters, public housing, assisted housing, tribally designated housing, or other emergency, transitional, permanent, or affordable housing, and ensuring that such victims have meaningful access to the criminal justice system without jeopardizing such housing;
(2) creating long-term housing solutions that develop communities and provide sustainable living solutions for victims of domestic violence, dating violence, sexual assault, and stalking;
(3) building collaborations among victim service providers, homeless service providers, housing providers, and housing agencies to provide appropriate services, interventions, and training to address the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking; and
(4) enabling public and assisted housing agencies, tribally designated housing entities, private landlords, property management companies, and other housing providers and agencies to respond appropriately to domestic violence, dating violence, sexual assault, and stalking, while maintaining a safe environment for all housing residents.
(
Amendments
2013—
§14043e–2. Definitions
For purposes of this subpart—
(1) the term "assisted housing" means housing assisted—
(A) under sections 1 1715e, 1715k, 1715l(d)(3), 1715l(d)(4), 1715n(e), 1715v, or 1715z–1 of title 12;
(B) under
(C) under
(D) under section 811 of the Cranston-Gonzales 2 National Affordable Housing Act (
(E) under title II of the Cranston-Gonzales 2 National Affordable Housing Act [
(F) under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (
(G) under title I of the Housing and Community Development Act of 1974 (
(H) under
(2) the term "continuum of care" means a community plan developed to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and achieve maximum self-sufficiency;
(3) the term "low-income housing assistance voucher" means housing assistance described in
(4) the term "public housing" means housing described in
(5) the term "public housing agency" means an agency described in
(6) the terms "homeless", "homeless individual", and "homeless person"—
(A) mean an individual who lacks a fixed, regular, and adequate nighttime residence; and
(B) includes—
(i) an individual who—
(I) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;
(II) is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations;
(III) is living in an emergency or transitional shelter;
(IV) is abandoned in a hospital; or
(V) is awaiting foster care placement;
(ii) an individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or
(iii) migratory children (as defined in
(7) the term "homeless service provider" means a nonprofit, nongovernmental homeless service provider, such as a homeless shelter, a homeless service or advocacy program, a tribal organization serving homeless individuals, or coalition or other nonprofit, nongovernmental organization carrying out a community-based homeless or housing program that has a documented history of effective work concerning homelessness;
(8) the term "tribally designated housing" means housing assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 (
(9) the term "tribally designated housing entity" means a housing entity described in the Native American Housing Assistance and Self-Determination Act of 1996 (
(
References in Text
The Cranston-Gonzalez National Affordable Housing Act, referred to in par. (1)(E), (F), is
The Housing and Community Development Act of 1974, referred to in par. (1)(G), is
The Native American Housing Assistance and Self-Determination Act of 1996, referred to in pars. (8) and (9), is
Amendments
2013—
1 So in original. Probably should be "section".
2 So in original. Probably should be "Cranston-Gonzalez".
3 So in original. The semicolon probably should be a period.
§14043e–3. Collaborative grants to increase the long-term stability of victims
(a) Grants authorized
(1) In general
The Secretary of Health and Human Services, acting through the Administration for Children and Families, in partnership with the Secretary of Housing and Urban Development, shall award grants, contracts, or cooperative agreements for a period of not less than 2 years to eligible entities to develop long-term sustainability and self-sufficiency options for adult and youth victims of domestic violence, dating violence, sexual assault, and stalking who are currently homeless or at risk for becoming homeless.
(2) Amount
The Secretary of Health and Human Services shall award funds in amounts—
(A) not less than $25,000 per year; and
(B) not more than $1,000,000 per year.
(b) Eligible entities
To be eligible to receive funds under this section, an entity shall demonstrate that it is a coalition or partnership, applying jointly, that—
(1) shall include a domestic violence victim service provider;
(2) shall include—
(A) a homeless service provider;
(B) a nonprofit, nongovernmental community housing development organization or a Department of Agriculture rural housing service program; or
(C) in the absence of a homeless service provider on tribal lands or nonprofit, nongovernmental community housing development organization on tribal lands, a tribally designated housing entity or tribal housing consortium;
(3) may include a dating violence, sexual assault, or stalking victim service provider;
(4) may include housing developers, housing corporations, State housing finance agencies, other housing agencies, and associations representing landlords;
(5) may include a public housing agency or tribally designated housing entity;
(6) may include tenant organizations in public or tribally designated housing, as well as nonprofit, nongovernmental tenant organizations;
(7) may include other nonprofit, nongovernmental organizations participating in the Department of Housing and Urban Development's Continuum of Care process;
(8) may include a State, tribal, territorial, or local government or government agency; and
(9) may include any other agencies or nonprofit, nongovernmental organizations with the capacity to provide effective help to adult and youth victims of domestic violence, dating violence, sexual assault, or stalking.
(c) Application
Each eligible entity seeking funds under this section shall submit an application to the Secretary of Health and Human Services at such time, in such manner, and containing such information as the Secretary of Health and Human Services may require.
(d) Use of funds
Funds awarded to eligible entities under subsection (a) shall be used to design or replicate and implement new activities, services, and programs to increase the stability and self-sufficiency of, and create partnerships to develop long-term housing options for adult and youth victims of domestic violence, dating violence, sexual assault, or stalking, and their dependents, who are currently homeless or at risk of becoming homeless. Such activities, services, or programs—
(1) shall develop sustainable long-term living solutions in the community by—
(A) coordinating efforts and resources among the various groups and organizations comprised in the entity to access existing private and public funding;
(B) assisting with the placement of individuals and families in long-term housing; and
(C) providing services to help individuals or families find and maintain long-term housing, including financial assistance and support services;
(2) may develop partnerships with individuals, organizations, corporations, or other entities that provide capital costs for the purchase, preconstruction, construction, renovation, repair, or conversion of affordable housing units;
(3) may use funds for the administrative expenses related to the continuing operation, upkeep, maintenance, and use of housing described in paragraph (2); and
(4) may provide to the community information about housing and housing programs, and the process to locate and obtain long-term housing.
(e) Limitation
Funds provided under paragraph 1 (a) shall not be used for construction, modernization or renovation.
(f) Underserved populations and priorities
In awarding grants under this section, the Secretary of Health and Human Services shall—
(1) give priority to linguistically and culturally specific services;
(2) give priority to applications from entities that include a sexual assault service provider as described in subsection (b)(3); and
(3) award a minimum of 15 percent of the funds appropriated under this section in any fiscal year to tribal organizations.
(g) Definitions
For purposes of this section:
(1) Affordable housing
The term "affordable housing" means housing that complies with the conditions set forth in
(2) Long-term housing
The term "long-term housing" means housing that is sustainable, accessible, affordable, and safe for the foreseeable future and is—
(A) rented or owned by the individual;
(B) subsidized by a voucher or other program which is not time-limited and is available for as long as the individual meets the eligibility requirements for the voucher or program; or
(C) provided directly by a program, agency, or organization and is not time-limited and is available for as long as the individual meets the eligibility requirements for the program, agency, or organization.
(h) Evaluation, monitoring, administration, and technical assistance
For purposes of this section—
(1) up to 5 percent of the funds appropriated under subsection (i) for each fiscal year may be used by the Secretary of Health and Human Services for evaluation, monitoring, and administration costs under this section; and
(2) up to 8 percent of the funds appropriated under subsection (i) for each fiscal year may be used to provide technical assistance to grantees under this section.
(i) Authorization of appropriations
There are authorized to be appropriated $4,000,000 for each of fiscal years 2014 through 2018 to carry out the provisions of this section.
(
Amendments
2013—Subsec. (i).
2006—Subsec. (a)(1).
Subsec. (d).
1 So in original. Probably should be "subsection".
§14043e–4. Grants to combat violence against women in public and assisted housing
(a) Purpose
It is the purpose of this section to assist eligible grantees in responding appropriately to domestic violence, dating violence, sexual assault, and stalking so that the status of being a victim of such a crime is not a reason for the denial or loss of housing. Such assistance shall be accomplished through—
(1) education and training of eligible entities;
(2) development and implementation of appropriate housing policies and practices;
(3) enhancement of collaboration with victim service providers and tenant organizations; and
(4) reduction of the number of victims of such crimes who are evicted or denied housing because of crimes and lease violations committed or directly caused by the perpetrators of such crimes.
(b) Grants authorized
(1) In general
The Attorney General, acting through the Director of the Violence Against Women Office of the Department of Justice ("Director"), and in consultation with the Secretary of Housing and Urban Development ("Secretary"), and the Secretary of Health and Human Services, acting through the Administration for Children, Youth and Families ("ACYF"), shall award grants and contracts for not less than 2 years to eligible grantees to promote the full and equal access to and use of housing by adult and youth victims of domestic violence, dating violence, sexual assault, and stalking.
(2) Amounts
Not less than 15 percent of the funds appropriated to carry out this section shall be available for grants to tribally designated housing entities.
(3) Award basis
The Attorney General shall award grants and contracts under this section on a competitive basis.
(4) Limitation
Appropriated funds may only be used for the purposes described in subsection (f).
(c) Eligible grantees
(1) In general
Eligible grantees are—
(A) public housing agencies;
(B) principally managed public housing resident management corporations, as determined by the Secretary;
(C) public housing projects owned by public housing agencies;
(D) tribally designated housing entities; and
(E) private, for-profit, and nonprofit owners or managers of assisted housing.
(2) Submission required for all grantees
To receive assistance under this section, an eligible grantee shall certify that—
(A) its policies and practices do not prohibit or limit a resident's right to summon police or other emergency assistance in response to domestic violence, dating violence, sexual assault, or stalking;
(B) programs and services are developed that give a preference in admission to adult and youth victims of such violence, consistent with local housing needs, and applicable law and the Secretary's instructions;
(C) it does not discriminate against any person—
(i) because that person is or is perceived to be, or has a family or household member who is or is perceived to be, a victim of such violence; or
(ii) because of the actions or threatened actions of the individual who the victim, as certified in subsection (e), states has committed or threatened to commit acts of such violence against the victim, or against the victim's family or household member;
(D) plans are developed that establish meaningful consultation and coordination with local victim service providers, tenant organizations, linguistically and culturally specific service providers, State domestic violence and sexual assault coalitions, and, where they exist, tribal domestic violence and sexual assault coalitions; and
(E) its policies and practices will be in compliance with those described in this paragraph within the later of 1 year or a period selected by the Attorney General in consultation with the Secretary and ACYF.
(d) Application
Each eligible entity seeking a grant under this section shall submit an application to the Attorney General at such a time, in such a manner, and containing such information as the Attorney General may require.
(e) Certification
(1) In general
A public housing agency, tribally designated housing entity, or assisted housing provider receiving funds under this section may request that an individual claiming relief under this section certify that the individual is a victim of domestic violence, dating violence, sexual assault, or stalking. The individual shall provide a copy of such certification to the public housing agency, tribally designated housing entity, or assisted housing provider within a reasonable period of time after the agency or authority requests such certification.
(2) Contents
An individual may satisfy the certification requirement of paragraph (1) by—
(A) providing the public housing agency, tribally designated housing entity, or assisted housing provider with documentation, signed by an employee, agent, or volunteer of a victim service provider, an attorney, a member of the clergy, a medical professional, or any other professional from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse; or
(B) producing a Federal, State, tribal, territorial, or local police or court record.
(3) Limitation
Nothing in this subsection shall be construed to require any housing agency, assisted housing provider, tribally designated housing entity, owner, or manager to demand that an individual produce official documentation or physical proof of the individual's status as a victim of domestic violence, dating violence, sexual assault, or stalking, in order to receive any of the benefits provided in this section. A housing agency, assisted housing provider, tribally designated housing entity, owner, or manager may provide benefits to an individual based solely on the individual's statement or other corroborating evidence.
(4) Confidentiality
(A) In general
All information provided to any housing agency, assisted housing provider, tribally designated housing entity, owner, or manager pursuant to paragraph (1), including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking, shall be retained in confidence by such agency, and shall neither be entered into any shared database, nor provided to any related housing agency, assisted housing provider, tribally designated housing entity, owner, or manager, except to the extent that disclosure is—
(i) requested or consented to by the individual in writing; or
(ii) otherwise required by applicable law.
(B) Notification
Public housing agencies must provide notice to tenants of their rights under this section, including their right to confidentiality and the limits thereof, and to owners and managers of their rights and obligations under this section.
(f) Use of funds
Grants and contracts awarded pursuant to subsection (a) shall provide to eligible entities personnel, training, and technical assistance to develop and implement policies, practices, and procedures, making physical improvements or changes, and developing or enhancing collaborations for the purposes of—
(1) enabling victims of domestic violence, dating violence, sexual assault, and stalking with otherwise disqualifying rental, credit, or criminal histories to be eligible to obtain housing or housing assistance, if such victims would otherwise qualify for housing or housing assistance and can provide documented evidence that demonstrates the causal connection between such violence or abuse and the victims' negative histories;
(2) permitting applicants for housing or housing assistance to provide incomplete rental and employment histories, otherwise required as a condition of admission or assistance, if the victim believes that providing such rental and employment history would endanger the victim's or the victim children's safety;
(3) protecting victims' confidentiality, including protection of victims' personally identifying information, address, or rental history;
(4) assisting victims who need to leave a public housing, tribally designated housing, or assisted housing unit quickly to protect their safety, including those who are seeking transfer to a new public housing unit, tribally designated housing unit, or assisted housing unit, whether in the same or a different neighborhood or jurisdiction;
(5) enabling the public housing agency, tribally designated housing entity, or assisted housing provider, or the victim, to remove, consistent with applicable State law, the perpetrator of domestic violence, dating violence, sexual assault, or stalking without evicting, removing, or otherwise penalizing the victim;
(6) enabling the public housing agency, tribally designated housing entity, or assisted housing provider, when notified, to honor court orders addressing rights of access to or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up;
(7) developing and implementing more effective security policies, protocols, and services;
(8) allotting not more than 15 percent of funds awarded under the grant to make modest physical improvements to enhance safety;
(9) training personnel to more effectively identify and respond to victims of domestic violence, dating violence, sexual assault, and stalking; and
(10) effectively providing notice to applicants and residents of the above housing policies, practices, and procedures.
(g) Authorization of appropriations
There are authorized to be appropriated $4,000,000 for each of fiscal years 2014 through 2018 to carry out the provisions of this section.
(h) Technical assistance
Up to 12 percent of the amount appropriated under subsection (g) for each fiscal year shall be used by the Attorney General for technical assistance costs under this section.
(
Amendments
2013—Subsec. (g).
subpart 2—housing rights
§14043e–11. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
(a) Definitions
In this subpart:
(1) Affiliated individual
The term "affiliated individual" means, with respect to an individual—
(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or
(B) any individual, tenant, or lawful occupant living in the household of that individual.
(2) Appropriate agency
The term "appropriate agency" means, with respect to a covered housing program, the Executive department (as defined in
(3) Covered housing program
The term "covered housing program" means—
(A) the program under
(B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (
(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (
(D) the program under subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (
(E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (
(F) the program under paragraph (3) of
(G) the program under
(H) the programs under
(I) rural housing assistance provided under
(J) the low income housing tax credit program under
(b) Prohibited basis for denial or termination of assistance or eviction
(1) In general
An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
(2) Construction of lease terms
An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as—
(A) a serious or repeated violation of a lease for housing assisted under a covered housing program by the victim or threatened victim of such incident; or
(B) good cause for terminating the assistance, tenancy, or occupancy rights to housing assisted under a covered housing program of the victim or threatened victim of such incident.
(3) Termination on the basis of criminal activity
(A) Denial of assistance, tenancy, and occupancy rights prohibited
No person may deny assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking.
(B) Bifurcation
(i) In general
Notwithstanding subparagraph (A), a public housing agency or owner or manager of housing assisted under a covered housing program may bifurcate a lease for the housing in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant of the housing and who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant of the housing.
(ii) Effect of eviction on other tenants
If public housing agency or owner or manager of housing assisted under a covered housing program evicts, removes, or terminates assistance to an individual under clause (i), and the individual is the sole tenant eligible to receive assistance under a covered housing program, the public housing agency or owner or manager of housing assisted under the covered housing program shall provide any remaining tenant or resident an opportunity to establish eligibility for the covered housing program. If a tenant or resident described in the preceding sentence cannot establish eligibility, the public housing agency or owner or manager of the housing shall provide the tenant or resident a reasonable time, as determined by the appropriate agency, to find new housing or to establish eligibility for housing under another covered housing program.
(C) Rules of construction
Nothing in subparagraph (A) shall be construed—
(i) to limit the authority of a public housing agency or owner or manager of housing assisted under a covered housing program, when notified of a court order, to comply with a court order with respect to—
(I) the rights of access to or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; or
(II) the distribution or possession of property among members of a household in a case;
(ii) to limit any otherwise available authority of a public housing agency or owner or manager of housing assisted under a covered housing program to evict or terminate assistance to a tenant for any violation of a lease not premised on the act of violence in question against the tenant or an affiliated person of the tenant, if the public housing agency or owner or manager does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate;
(iii) to limit the authority to terminate assistance to a tenant or evict a tenant from housing assisted under a covered housing program if a public housing agency or owner or manager of the housing can demonstrate that an actual and imminent threat to other tenants or individuals employed at or providing service to the property would be present if the assistance is not terminated or the tenant is not evicted; or
(iv) to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.
(c) Documentation
(1) Request for documentation
If an applicant for, or tenant of, housing assisted under a covered housing program represents to a public housing agency or owner or manager of the housing that the individual is entitled to protection under subsection (b), the public housing agency or owner or manager may request, in writing, that the applicant or tenant submit to the public housing agency or owner or manager a form of documentation described in paragraph (3).
(2) Failure to provide certification
(A) In general
If an applicant or tenant does not provide the documentation requested under paragraph (1) within 14 business days after the tenant receives a request in writing for such certification from a public housing agency or owner or manager of housing assisted under a covered housing program, nothing in this subpart may be construed to limit the authority of the public housing agency or owner or manager to—
(i) deny admission by the applicant or tenant to the covered program;
(ii) deny assistance under the covered program to the applicant or tenant;
(iii) terminate the participation of the applicant or tenant in the covered program; or
(iv) evict the applicant, the tenant, or a lawful occupant that commits violations of a lease.
(B) Extension
A public housing agency or owner or manager of housing may extend the 14-day deadline under subparagraph (A) at its discretion.
(3) Form of documentation
A form of documentation described in this paragraph is—
(A) a certification form approved by the appropriate agency that—
(i) states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;
(ii) states that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b); and
(iii) includes the name of the individual who committed the domestic violence, dating violence, sexual assault, or stalking, if the name is known and safe to provide;
(B) a document that—
(i) is signed by—
(I) an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional, or a mental health professional from whom an applicant or tenant has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse; and
(II) the applicant or tenant; and
(ii) states under penalty of perjury that the individual described in clause (i)(I) believes that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b);
(C) a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or
(D) at the discretion of a public housing agency or owner or manager of housing assisted under a covered housing program, a statement or other evidence provided by an applicant or tenant.
(4) Confidentiality
Any information submitted to a public housing agency or owner or manager under this subsection, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking shall be maintained in confidence by the public housing agency or owner or manager and may not be entered into any shared database or disclosed to any other entity or individual, except to the extent that the disclosure is—
(A) requested or consented to by the individual in writing;
(B) required for use in an eviction proceeding under subsection (b); or
(C) otherwise required by applicable law.
(5) Documentation not required
Nothing in this subsection shall be construed to require a public housing agency or owner or manager of housing assisted under a covered housing program to request that an individual submit documentation of the status of the individual as a victim of domestic violence, dating violence, sexual assault, or stalking.
(6) Compliance not sufficient to constitute evidence of unreasonable act
Compliance with subsection (b) by a public housing agency or owner or manager of housing assisted under a covered housing program based on documentation received under this subsection, shall not be sufficient to constitute evidence of an unreasonable act or omission by the public housing agency or owner or manager or an employee or agent of the public housing agency or owner or manager. Nothing in this paragraph shall be construed to limit the liability of a public housing agency or owner or manager of housing assisted under a covered housing program for failure to comply with subsection (b).
(7) Response to conflicting certification
If a public housing agency or owner or manager of housing assisted under a covered housing program receives documentation under this subsection that contains conflicting information, the public housing agency or owner or manager may require an applicant or tenant to submit third-party documentation, as described in subparagraph (B), (C), or (D) of paragraph (3).
(8) Preemption
Nothing in this subsection shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this subsection for victims of domestic violence, dating violence, sexual assault, or stalking.
(d) Notification
(1) Development
The Secretary of Housing and Urban Development shall develop a notice of the rights of individuals under this section, including the right to confidentiality and the limits thereof.
(2) Provision
Each public housing agency or owner or manager of housing assisted under a covered housing program shall provide the notice developed under paragraph (1), together with the form described in subsection (c)(3)(A), to an applicant for or tenants of housing assisted under a covered housing program—
(A) at the time the applicant is denied residency in a dwelling unit assisted under the covered housing program;
(B) at the time the individual is admitted to a dwelling unit assisted under the covered housing program;
(C) with any notification of eviction or notification of termination of assistance; and
(D) in multiple languages, consistent with guidance issued by the Secretary of Housing and Urban Development in accordance with Executive Order 13166 (
(e) Emergency transfers
Each appropriate agency shall adopt a model emergency transfer plan for use by public housing agencies and owners or managers of housing assisted under covered housing programs that—
(1) allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit assisted under a covered housing program if—
(A) the tenant expressly requests the transfer; and
(B)(i) the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same dwelling unit assisted under a covered housing program; or
(ii) in the case of a tenant who is a victim of sexual assault, the sexual assault occurred on the premises during the 90 day period preceding the request for transfer; and
(2) incorporates reasonable confidentiality measures to ensure that the public housing agency or owner or manager does not disclose the location of the dwelling unit of a tenant to a person that commits an act of domestic violence, dating violence, sexual assault, or stalking against the tenant.
(f) Policies and procedures for emergency transfer
The Secretary of Housing and Urban Development shall establish policies and procedures under which a victim requesting an emergency transfer under subsection (e) may receive, subject to the availability of tenant protection vouchers, assistance under
(g) Implementation
The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to the covered housing program.
(
References in Text
The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (a)(3)(C), (E), is
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(3)(D), is
Amendments
2016—Subsec. (b)(3)(B)(ii).
Part N—National Resource Center
Codification
§14043f. Grant for national resource center on workplace responses to assist victims of domestic and sexual violence
(a) Authority
The Attorney General, acting through the Director of the Office on Violence Against Women, may award a grant to an eligible nonprofit nongovernmental entity or tribal organization, in order to provide for the establishment and operation of a national resource center on workplace responses to assist victims of domestic and sexual violence. The resource center shall provide information and assistance to employers and labor organizations to aid in their efforts to develop and implement responses to such violence.
(b) Applications
To be eligible to receive a grant under this section, an entity or organization shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including—
(1) information that demonstrates that the entity or organization has nationally recognized expertise in the area of domestic or sexual violence;
(2) a plan to maximize, to the extent practicable, outreach to employers (including private companies and public entities such as public institutions of higher education and State and local governments) and labor organizations described in subsection (a) concerning developing and implementing workplace responses to assist victims of domestic or sexual violence; and
(3) a plan for developing materials and training for materials for employers that address the needs of employees in cases of domestic violence, dating violence, sexual assault, and stalking impacting the workplace, including the needs of underserved communities.
(c) Use of grant amount
(1) In general
An entity or organization that receives a grant under this section may use the funds made available through the grant for staff salaries, travel expenses, equipment, printing, and other reasonable expenses necessary to develop, maintain, and disseminate to employers and labor organizations described in subsection (a), information and assistance concerning workplace responses to assist victims of domestic or sexual violence.
(2) Responses
Responses referred to in paragraph (1) may include—
(A) providing training to promote a better understanding of workplace assistance to victims of domestic or sexual violence;
(B) providing conferences and other educational opportunities; and
(C) developing protocols and model workplace policies.
(d) Liability
The compliance or noncompliance of any employer or labor organization with any protocol or policy developed by an entity or organization under this section shall not serve as a basis for liability in tort, express or implied contract, or by any other means. No protocol or policy developed by an entity or organization under this section shall be referenced or enforced as a workplace safety standard by any Federal, State, or other governmental agency.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2014 through 2018.
(f) Availability of grant funds
Funds appropriated under this section shall remain available until expended.
(
Amendments
2013—Subsec. (e).
Effective Date of 2013 Amendment
Amendment by
Part N– 1—Sexual Assault Services
§14043g. Sexual assault services program
(a) Purposes
The purposes of this section are—
(1) to assist States, Indian tribes, and territories in providing intervention, advocacy, accompaniment, support services, and related assistance for—
(A) adult, youth, and child victims of sexual assault;
(B) family and household members of such victims; and
(C) those collaterally affected by the victimization, except for the perpetrator of such victimization; and
(2) to provide for technical assistance and training relating to sexual assault to—
(A) Federal, State, tribal, territorial and local governments, law enforcement agencies, and courts;
(B) professionals working in legal, social service, and health care settings;
(C) nonprofit organizations;
(D) faith-based organizations; and
(E) other individuals and organizations seeking such assistance.
(b) Grants to States and territories
(1) Grants authorized
The Attorney General shall award grants to States and territories to support the establishment, maintenance, and expansion of rape crisis centers and other nongovernmental or tribal programs and projects to assist individuals who have been victimized by sexual assault, without regard to the age of the individual.
(2) Allocation and use of funds
(A) Administrative costs
Not more than 5 percent of the grant funds received by a State or territory governmental agency under this subsection for any fiscal year may be used for administrative costs.
(B) Grant funds
Any funds received by a State or territory under this subsection that are not used for administrative costs shall be used to provide grants to rape crisis centers and other nonprofit, nongovernmental organizations or tribal programs and activities for programs and activities within such State or territory that provide direct intervention and related assistance.
(C) Intervention and related assistance
Intervention and related assistance under subparagraph (B) may include—
(i) 24-hour hotline services providing crisis intervention services and referral;
(ii) accompaniment and advocacy through medical, criminal justice, and social support systems, including medical facilities, police, and court proceedings;
(iii) crisis intervention, short-term individual and group support services, and comprehensive service coordination and supervision to assist sexual assault victims and family or household members;
(iv) information and referral to assist the sexual assault victim and family or household members;
(v) community-based, culturally specific services and support mechanisms, including outreach activities for underserved communities; and
(vi) the development and distribution of materials on issues related to the services described in clauses (i) through (v).
(3) Application
(A) In general
Each eligible entity desiring a grant under this subsection shall submit an application to the Attorney General at such time and in such manner as the Attorney General may reasonably require.
(B) Contents
Each application submitted under subparagraph (A) shall—
(i) set forth procedures designed to ensure meaningful involvement of the State or territorial sexual assault coalition and representatives from underserved communities in the development of the application and the implementation of the plans;
(ii) set forth procedures designed to ensure an equitable distribution of grants and grant funds within the State or territory and between urban and rural areas within such State or territory;
(iii) identify the State or territorial agency that is responsible for the administration of programs and activities; and
(iv) meet other such requirements as the Attorney General reasonably determines are necessary to carry out the purposes and provisions of this section.
(4) Minimum amount
The Attorney General shall allocate to each State (including the District of Columbia and Puerto Rico) not less than 1.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall each be allocated 0.25 percent of the total appropriations. The remaining funds shall be allotted to each State and each territory in an amount that bears the same ratio to such remaining funds as the population of such State and such territory bears to the population of all the States and the territories.
(c) Grants for culturally specific programs addressing sexual assault
(1) Grants authorized
The Attorney General shall award grants to eligible entities to support the establishment, maintenance, and expansion of culturally specific intervention and related assistance for victims of sexual assault.
(2) Eligible entities
To be eligible to receive a grant under this section, an entity shall—
(A) be a private nonprofit organization that focuses primarily on culturally specific communities;
(B) must have documented organizational experience in the area of sexual assault intervention or have entered into a partnership with an organization having such expertise;
(C) have expertise in the development of community-based, linguistically and culturally specific outreach and intervention services relevant for the specific communities to whom assistance would be provided or have the capacity to link to existing services in the community tailored to the needs of culturally specific populations; and
(D) have an advisory board or steering committee and staffing which is reflective of the targeted culturally specific community.
(3) Award basis
The Attorney General shall award grants under this section on a competitive basis.
(4) Distribution
(A) The Attorney General shall not use more than 2.5 percent of funds appropriated under this subsection in any year for administration, monitoring, and evaluation of grants made available under this subsection.
(B) Up to 5 percent of funds appropriated under this subsection in any year shall be available for technical assistance by a national, nonprofit, nongovernmental organization or organizations whose primary focus and expertise is in addressing sexual assault within underserved culturally specific populations.
(5) Term
The Attorney General shall make grants under this section for a period of no less than 2 fiscal years.
(6) Reporting
Each entity receiving a grant under this subsection shall submit a report to the Attorney General that describes the activities carried out with such grant funds.
(d) Grants to State, territorial, and tribal sexual assault coalitions
(1) Grants authorized
(A) In general
The Attorney General shall award grants to State, territorial, and tribal sexual assault coalitions to assist in supporting the establishment, maintenance, and expansion of such coalitions.
(B) Minimum amount
Not less than 10 percent of the total amount appropriated to carry out this section shall be used for grants under subparagraph (A).
(C) Eligible applicants
Each of the State, territorial, and tribal sexual assault coalitions.
(2) Use of funds
Grant funds received under this subsection may be used to—
(A) work with local sexual assault programs and other providers of direct services to encourage appropriate responses to sexual assault within the State, territory, or tribe;
(B) work with judicial and law enforcement agencies to encourage appropriate responses to sexual assault cases;
(C) work with courts, child protective services agencies, and children's advocates to develop appropriate responses to child custody and visitation issues when sexual assault has been determined to be a factor;
(D) design and conduct public education campaigns;
(E) plan and monitor the distribution of grants and grant funds to their State, territory, or tribe; or
(F) collaborate with and inform Federal, State, or local public officials and agencies to develop and implement policies to reduce or eliminate sexual assault.
(3) Allocation and use of funds
From amounts appropriated for grants under this subsection for each fiscal year—
(A) not less than 10 percent of the funds shall be available for grants to tribal sexual assault coalitions; and
(B) the remaining funds shall be available for grants to State and territorial coalitions, and the Attorney General shall allocate an amount equal to 1/56 of the amounts so appropriated to each of those State and territorial coalitions.
(4) Application
Each eligible entity desiring a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General determines to be essential to carry out the purposes of this section.
(5) First-time applicants
No entity shall be prohibited from submitting an application under this subsection during any fiscal year for which funds are available under this subsection because such entity has not previously applied or received funding under this subsection.
(e) Grants to tribes
(1) Grants authorized
The Attorney General may award grants to Indian tribes, tribal organizations, and nonprofit tribal organizations for the operation of sexual assault programs or projects in Indian tribal lands and Alaska Native villages to support the establishment, maintenance, and expansion of programs and projects to assist those victimized by sexual assault.
(2) Allocation and use of funds
(A) Administrative costs
Not more than 5 percent of the grant funds received by an Indian tribe, tribal organization, and nonprofit tribal organization under this subsection for any fiscal year may be used for administrative costs.
(B) Grant funds
Any funds received under this subsection that are not used for administrative costs shall be used to provide grants to tribal organizations and nonprofit tribal organizations for programs and activities within Indian country and Alaskan native villages that provide direct intervention and related assistance.
(f) Authorization of appropriations
(1) In general
There are authorized to be appropriated $40,000,000 to remain available until expended for each of fiscal years 2014 through 2018 to carry out the provisions of this section.
(2) Allocations
Of the total amounts appropriated for each fiscal year to carry out this section—
(A) not more than 2.5 percent shall be used by the Attorney General for evaluation, monitoring, and other administrative costs under this section;
(B) not more than 2.5 percent shall be used for the provision of technical assistance to grantees and subgrantees under this section;
(C) not less than 65 percent shall be used for grants to States and territories under subsection (b);
(D) not less than 10 percent shall be used for making grants to State, territorial, and tribal sexual assault coalitions under subsection (d);
(E) not less than 10 percent shall be used for grants to tribes under subsection (e); and
(F) not less than 10 percent shall be used for grants for culturally specific programs addressing sexual assault under subsection (c).
(
Amendments
2013—Subsec. (b)(1).
Subsec. (b)(2)(B).
Subsec. (b)(2)(C)(v).
Subsec. (b)(4).
Subsec. (f)(1).
Effective Date of 2013 Amendment
Amendment by
§14043g–1. Working Group
(a) In general
The Attorney General, in consultation with the Secretary of Health and Human Services (referred to in this section as the "Secretary"), shall establish a joint working group (referred to in this section as the "Working Group") to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence.
(b) Consultation with stakeholders
The Working Group shall consult with—
(1) stakeholders in law enforcement, prosecution, forensic laboratory, counseling, forensic examiner, medical facility, and medical provider communities; and
(2) representatives of not less than 3 entities with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or representation of sexual assault victims, of which not less than 1 representative shall be a sexual assault victim.
(c) Membership
The Working Group shall be composed of governmental or nongovernmental agency heads at the discretion of the Attorney General, in consultation with the Secretary.
(d) Duties
The Working Group shall—
(1) develop recommendations for improving the coordination of the dissemination and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence to hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community;
(2) encourage, where appropriate, the adoption and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community;
(3) develop recommendations to promote the coordination of the dissemination and implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community;
(4) develop and implement, where practicable, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence among State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community;
(5) collect feedback from stakeholders, practitioners, and leadership throughout the Federal and State law enforcement, victim services, forensic science practitioner, and health care communities to inform development of future best practices or clinical guidelines regarding the care and treatment of sexual assault survivors; and
(6) perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors.
(e) Report
Not later than 2 years after October 7, 2016, the Working Group shall submit to the Attorney General, the Secretary, and Congress a report containing the findings and recommended actions of the Working Group.
(
Codification
Section was enacted as part of the Survivors' Bill of Rights Act of 2016, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Part N– 2—Rape Survivor Child Custody
§14043h. Definitions
In this part:
(1) Covered formula grant
The term "covered formula grant" means a grant under—
(A) part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(B)
(2) Termination
(A) In general
The term "termination" means, when used with respect to parental rights, a complete and final termination of the parent's right to custody of, guardianship of, visitation with, access to, and inheritance from a child.
(B) Rule of construction
Nothing in this paragraph shall be construed to require a State, in order to receive an increase in the amount provided to the State under the covered formula grants under this part, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child.
(
References in Text
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in par. (1)(A), is
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Short Title
For short title of this part as the "Rape Survivor Child Custody Act", see section 401 of
§14043h–1. Findings
Congress finds the following:
(1) Men who father children through rape should be prohibited from visiting or having custody of those children.
(2) Thousands of rape-related pregnancies occur annually in the United States.
(3) A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists.
(4) Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes.
(5) The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia.
(6) The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)).
(7) Currently only 10 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape.
(8) A rapist pursuing parental or custody rights causes the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, and can make it more difficult for her to recover.
(9) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child.
(10) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them.
(
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14043h–2. Increased funding for formula grants authorized
The Attorney General shall increase the amount provided to a State under the covered formula grants in accordance with this part if the State has in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court is authorized to grant upon clear and convincing evidence of rape.
(
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14043h–3. Application
A State seeking an increase in the amount provided to the State under the covered formula grants shall include in the application of the State for each covered formula grant such information as the Attorney General may reasonably require, including information about the law described in
(
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14043h–4. Grant increase
The amount of the increase provided to a State under the covered formula grants under this part shall be equal to not more than 10 percent of the average of the total amount of funding provided to the State under the covered formula grants under the 3 most recent awards to the State.
(
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14043h–5. Period of increase
(a) In general
The Attorney General shall provide an increase in the amount provided to a State under the covered formula grants under this part for a 2-year period.
(b) Limit
The Attorney General may not provide an increase in the amount provided to a State under the covered formula grants under this part more than 4 times.
(
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14043h–6. Allocation of increased formula grant funds
The Attorney General shall allocate an increase in the amount provided to a State under the covered formula grants under this part such that—
(1) 25 percent 1 the amount of the increase is provided under the program described in
(2) 75 percent 1 the amount of the increase is provided under the program described in
(
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
1 So in original. Probably should be followed by "of".
§14043h–7. Authorization of appropriations
There is authorized to be appropriated to carry out this part $5,000,000 for each of fiscal years 2015 through 2019.
(
Codification
Section was enacted as part of the Rape Survivor Child Custody Act and also as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Part O—Combatting Domestic Trafficking in Persons
§14044. Prevention of domestic trafficking in persons
(a) Program to reduce trafficking in persons and demand for commercial sex acts in the United States
(1) Comprehensive research and statistical review and analysis of incidents of trafficking in persons and commercial sex acts
(A) In general
The Attorney General shall use available data from State and local authorities as well as research data to carry out a biennial comprehensive research and statistical review and analysis of severe forms of trafficking in persons, and a biennial comprehensive research and statistical review and analysis of sex trafficking and unlawful commercial sex acts in the United States, and shall submit to Congress separate biennial reports on the findings.
(B) Contents
The research and statistical review and analysis under this paragraph shall consist of two separate studies, utilizing the same statistical data where appropriate, as follows:
(i) The first study shall address severe forms of trafficking in persons in the United States and shall include, but need not be limited to—
(I) the estimated number and demographic characteristics of persons engaged in acts of severe forms of trafficking in persons; and
(II) the number of investigations, arrests, prosecutions, and incarcerations of persons engaged in acts of severe forms of trafficking in persons by States and their political subdivisions.
(ii) The second study shall address sex trafficking and unlawful commercial sex acts in the United States and shall include, but need not be limited to—
(I) the estimated number and demographic characteristics of persons engaged in sex trafficking and commercial sex acts, including purchasers of commercial sex acts;
(II) the estimated value in dollars of the commercial sex economy, including the estimated average annual personal income derived from acts of sex trafficking;
(III) the number of investigations, arrests, prosecutions, and incarcerations of persons engaged in sex trafficking and unlawful commercial sex acts, including purchasers of commercial sex acts, by States and their political subdivisions; and
(IV) a description of the differences in the enforcement of laws relating to unlawful commercial sex acts across the United States.
(2) Trafficking conference
(A) In general
The Attorney General, in consultation and cooperation with the Secretary of Health and Human Services, shall conduct an annual conference in each of the fiscal years 2006, 2007, and 2008, and thereafter conduct a biennial conference, addressing severe forms of trafficking in persons and commercial sex acts that occur, in whole or in part, within the territorial jurisdiction of the United States. At each such conference, the Attorney General, or his designee, shall—
(i) announce and evaluate the findings contained in the research and statistical reviews carried out under paragraph (1);
(ii) disseminate best methods and practices for enforcement of laws prohibiting acts of severe forms of trafficking in persons and other laws related to acts of trafficking in persons, including, but not limited to, best methods and practices for training State and local law enforcement personnel on the enforcement of such laws;
(iii) disseminate best methods and practices for training State and local law enforcement personnel on the enforcement of laws prohibiting sex trafficking and commercial sex acts, including, but not limited to, best methods for investigating and prosecuting exploiters and persons who solicit or purchase an unlawful commercial sex act; and
(iv) disseminate best methods and practices for training State and local law enforcement personnel on collaborating with social service providers and relevant nongovernmental organizations and establishing trust of persons subjected to commercial sex acts or severe forms of trafficking in persons.
(B) Participation
Each annual conference conducted under this paragraph shall involve the participation of persons with expertise or professional responsibilities with relevance to trafficking in persons, including, but not limited to—
(i) Federal Government officials, including law enforcement and prosecutorial officials;
(ii) State and local government officials, including law enforcement and prosecutorial officials;
(iii) persons who have been subjected to severe forms of trafficking in persons or commercial sex acts;
(iv) medical personnel;
(v) social service providers and relevant nongovernmental organizations; and
(vi) academic experts.
(C) Reports
The Attorney General and the Secretary of Health and Human Services shall prepare and post on the respective Internet Web sites of the Department of Justice and the Department of Health and Human Services reports on the findings and best practices identified and disseminated at the conference described in this paragraph.
(b) Omitted
(c) Authorization of appropriations
There are authorized to be appropriated—
(1) $1,500,000 for each of the fiscal years 2008 through 2011 to carry out the activities described in subsection (a)(1)(B)(i) and $1,500,000 for each of the fiscal years 2008 through 2011 to carry out the activities described in subsection (a)(1)(B)(ii); and
(2) $250,000 for each of the fiscal years 2014 through 2017 to carry out the activities described in subsection (a)(2).
(
Codification
Section is comprised of section 201 of
Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—Subsec. (c)(2).
2008—Subsec. (c)(1).
Subsec. (c)(2).
Recommendations To Prevent Sex Trafficking of Indian Women
§14044a. 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
The term "Assistant Secretary" means the Assistant Secretary for Children and Families of the Department of Health and Human Services.
(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 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
(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
The term "sex trafficking of a minor" means an offense described in
(b) Sex trafficking block grants
(1) Grants authorized
(A) In general
The Assistant Attorney General, in consultation with the Assistant Secretary, may make block grants to 4 eligible entities located 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 appropriations 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 Assistant 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 subparagraph, taking into account any evaluation 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 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
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 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
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 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
The Assistant Attorney General shall enter into a contract with an academic or non-profit organization that has experience in issues related to sex trafficking of minors and evaluation of grant programs to conduct an annual evaluation of each grant made under this section to determine the impact and effectiveness of programs funded with the grant.
(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 otherwise unallowable cost shall not be eligible for any grant funds awarded under the grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.
(d) Compliance requirement
An eligible entity shall not be eligible to receive 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 conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.
(e) Administrative cap
The cost of administering the grants authorized 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 conduct an audit of all 4 eligible entities that receive 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 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 14044c grants
An entity that applies for a grant under
(i) Authorization of appropriations
There are authorized to be appropriated $8,000,000 to the Attorney General for each of the fiscal years 2014 through 2017 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 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.
(
Amendment of Section
For termination of amendment by section 1241(b) of
Codification
Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—
2008—Subsec. (d).
Effective and Termination Dates of 2013 Amendment
§14044b. 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 expand domestic child human trafficking deterrence programs that assist law enforcement officers, 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 specialized training programs for law enforcement officers, first responders, health care officials, 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 victims 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 networks involved in child human trafficking; and
(E) utilize, implement, and provide education on safe harbor laws enacted by States, aimed at preventing the criminalization and prosecution of child sex trafficking victims for prostitution offenses, and other laws aimed at the investigation and prosecution 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 victims, including—
(A) funding salaries, in whole or in part, for law enforcement officers, including patrol 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 involving child human trafficking, including—
(i) wire taps;
(ii) consultants with expertise specific to cases involving child human trafficking;
(iii) travel; and
(iv) other technical assistance expenditures;
(C) dedicated anti-trafficking prosecution units, including the funding of salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of child human trafficking offenders, except that the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall be not more than the percentage of the total number of hours worked by the prosecutor that is spent working on cases involving child human trafficking;
(D) the establishment of child human trafficking victim witness safety, assistance, and relocation programs that encourage cooperation with law enforcement investigations of crimes of child human trafficking by leveraging existing resources and delivering child human trafficking victims' services through coordination with—
(i) child advocacy centers;
(ii) social service agencies;
(iii) State governmental health service agencies;
(iv) housing agencies;
(v) legal services agencies; and
(vi) nongovernmental organizations and shelter service providers with substantial experience in delivering wrap-around services to victims of child human trafficking; and
(E) the establishment or enhancement of other necessary victim assistance programs or personnel, such as victim or child advocates, child-protective services, child forensic interviews, or other necessary service providers;
(3) activities of law enforcement agencies to find homeless and runaway youth, including salaries and associated expenses for retired Federal law enforcement officers assisting the law enforcement agencies in finding homeless and runaway youth; and
(4) the establishment or enhancement of problem solving court programs for trafficking victims that include—
(A) mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph;
(B) continuing judicial supervision of victims of child human trafficking, including case worker or child welfare supervision in collaboration with judicial officers, who have been identified by a law enforcement or judicial officer as a potential victim of child human trafficking, regardless of whether the victim has been charged with a crime related to human trafficking;
(C) the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including—
(i) State-administered outpatient treatment;
(ii) life skills training;
(iii) housing placement;
(iv) vocational training;
(v) education;
(vi) family support services; and
(vii) job placement;
(D) centralized case management involving the consolidation of all of each child human trafficking victim's cases and offenses, and the coordination of all trafficking victim treatment programs and social services;
(E) regular and mandatory court appearances by the victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness;
(F) the ultimate dismissal of relevant non-violent criminal charges against the victim, where such victim successfully complies with the terms of the court-ordered treatment program; and
(G) collaborative efforts with child advocacy centers, child welfare agencies, shelters, and nongovernmental organizations with substantial experience in delivering wrap-around services to victims of child human trafficking to provide services to victims and encourage cooperation with law enforcement.
(c) Application
(1) In general
An eligible entity shall submit an application to the Attorney General for a grant under this section in such form and manner as the Attorney General may require.
(2) Required information
An application submitted under this subsection shall—
(A) describe the activities for which assistance under this section is sought;
(B) include a detailed plan for the use of funds awarded under the grant;
(C) provide such additional information and assurances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section; and
(D) disclose—
(i) any other grant funding from the Department of Justice or from any other Federal department or agency for purposes similar to those described in subsection (b) for which the eligible entity has applied, and which application is pending on the date of the submission of an application under this section; and
(ii) any other such grant funding that the eligible entity has received during the 5-year period ending on the date of the submission of an application under this section.
(3) Preference
In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if—
(A) the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or
(B) the application includes a plan by the State or unit of local government to continue funding of all activities funded by the award after the expiration of the award.
(4) Eligible entities soliciting data on child human trafficking
No eligible entity shall be disadvantaged in being awarded a grant under subsection (a) on the grounds that the eligible entity has only recently begun soliciting data on child human trafficking.
(d) Duration and renewal of award
(1) In general
A grant under this section shall expire 3 years after the date of award of the grant.
(2) Renewal
A grant under this section shall be renewable not more than 2 times and for a period of not greater than 2 years.
(e) Evaluation
The Attorney General shall—
(1) enter into a contract with a nongovernmental organization, including an academic or nonprofit organization, that has experience with issues related to child human trafficking and evaluation of grant programs to conduct periodic evaluations of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under this section;
(2) instruct the Inspector General of the Department of Justice to review evaluations issued under paragraph (1) to determine the methodological and statistical validity of the evaluations; and
(3) submit the results of any evaluation conducted pursuant to paragraph (1) to—
(A) the Committee on the Judiciary of the Senate; and
(B) the Committee on the Judiciary of the House of Representatives.
(f) Mandatory exclusion
An eligible entity awarded funds under this section that is found to have used grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the block grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported.
(g) Compliance requirement
An eligible entity shall not be eligible to receive a grant under this section if within the 5 fiscal years before submitting an application for a grant under this section, the grantee has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs.
(h) Administrative cap
The cost of administering the grants authorized by this section shall not exceed 5 percent of the total amount expended to carry out this section.
(i) Federal share
The Federal share of the cost of a program funded by a grant awarded under this section shall be—
(1) 70 percent in the first year;
(2) 60 percent in the second year; and
(3) 50 percent in the third year, and in all subsequent years.
(j) Authorization of funding; fully offset
For purposes of carrying out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds available in the Domestic Trafficking Victims' Fund, established under
(k) Definitions
In this section—
(1) the term "child" means a person under the age of 18;
(2) the term "child advocacy center" means a center created under subtitle A of the Victims of Child Abuse Act of 1990 (
(3) the term "child human trafficking" means 1 or more severe forms of trafficking in persons (as defined in
(4) the term "eligible entity" means a State or unit of local government that—
(A) has significant criminal activity involving child human trafficking;
(B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking;
(C) has developed a workable, multi-disciplinary plan to combat child human trafficking, including—
(i) the establishment of a shelter for victims of child human trafficking, through existing or new facilities;
(ii) the provision of trauma-informed, gender-responsive rehabilitative care to victims of child human trafficking;
(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of human trafficking, with a focus on domestic child human trafficking;
(iv) prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children;
(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth;
(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or child, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and
(vii) cooperation or referral agreements with State child welfare agencies and child advocacy centers; and
(D) provides an assurance that, under the plan under subparagraph (C), a victim of child human trafficking shall not be required to collaborate with law enforcement officers to have access to any shelter or services provided with a grant under this section.
(l) Grant accountability; specialized victims' service requirement
No grant funds under this section may be awarded or transferred to any entity unless such entity has demonstrated substantial experience providing services to victims of human trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of human trafficking victims.
(
References in Text
The Victims of Child Abuse Act of 1990, referred to in subsec. (k)(2), is
Codification
Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2015—
2008—Subsec. (g).
§14044b–1. Grant accountability
(a) Definition
In this section, the term "covered grant" means a grant awarded by the Attorney General under
(b) Accountability
All covered grants shall be subject to the following accountability provisions:
(1) Audit requirement
(A) In general
Beginning in the first fiscal year beginning after May 29, 2015, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of a covered grant 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.
(B) Definition
In this paragraph, the term "unresolved audit finding" means a finding in the final audit report of the Inspector General 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.
(C) Mandatory exclusion
A recipient of a covered grant that is found to have an unresolved audit finding shall not be eligible to receive a covered grant during the following 2 fiscal years.
(D) Priority
In awarding covered grants the Attorney General 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 covered grant.
(E) Reimbursement
If an entity is awarded a covered grant during the 2-fiscal-year period in which the entity is barred from receiving grants under subparagraph (C), the Attorney General 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) Definition
For purposes of this paragraph and covered grants, the term "nonprofit organization" means an organization that is described in
(B) Prohibition
The Attorney General may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in
(C) Disclosure
Each nonprofit organization that is awarded a covered grant 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 Attorney General, 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 Attorney General shall make the information disclosed under this subsection available for public inspection.
(3) Conference expenditures
(A) Limitation
No amounts transferred to the Department of Justice under this title,1 or the amendments made by this title,1 may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this title,1 or the amendments made by this title,1 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, provides prior written authorization that the funds may be expended 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, audiovisual equipment, honoraria for speakers, and any entertainment.
(C) Report
The 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.
(D) Annual certification
Beginning in the first fiscal year beginning after May 29, 2015, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that—
(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(ii) all mandatory exclusions required under paragraph (1)(C) have been issued;
(iii) all reimbursements required under paragraph (1)(E) have been made; and
(iv) includes a list of any grant recipients excluded under paragraph (1) from the previous year.
(4) Prohibition on lobbying activity
(A) In general
Amounts awarded under this title,1 or any amendments made by this title,1 may not be utilized by any grant recipient to—
(i) lobby any representative of the Department of Justice regarding the award of grant funding; or
(ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.
(B) Penalty
If the Attorney General determines that any recipient of a covered grant has violated subparagraph (A), the Attorney General shall—
(i) require the grant recipient to repay the grant in full; and
(ii) prohibit the grant recipient from receiving another covered grant for not less than 5 years.
(
References in Text
Section 103, referred to in subsec. (a), means section 103 of
This title, referred to in subsec. (b)(3)(A), (4)(A), is title I of
Codification
Section was enacted as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
1 See References in Text note below.
§14044c. Enhancing State and local efforts to combat trafficking in persons
(a) Establishment of grant program for law enforcement
(1) In general
The Attorney General may make grants to States and local law enforcement agencies to establish, develop, expand, or strengthen programs—
(A) to investigate and prosecute acts of severe forms of trafficking in persons, and related 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; and
(E) to educate and train law enforcement personnel in how to establish trust of persons subjected to trafficking and encourage cooperation with prosecution efforts.
(2) Definition
In this subsection, the term "related offenses" includes violations of tax laws, transacting in illegally derived proceeds, money laundering, racketeering, and other violations of criminal laws committed in connection with an act of sex trafficking or a severe 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 enforcement agency works collaboratively with social service providers and relevant nongovernmental organizations, including organizations with experience in the delivery of services to persons who are the subject of trafficking in persons.
(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 14044a grant applications
An entity that applies for a grant under
(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 2017.
(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 trafficking in persons and investigate and prosecute cases against offenders, including offenders who engage in the purchasing of commercial sex acts with a minor; and
(2) recommendations, if any, regarding any legislative or administrative action the Comptroller General determines appropriate to improve the ability described in paragraph (1).
(
Codification
Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—Subsec. (a)(1)(A).
Subsec. (a)(1)(B) to (E).
Subsec. (d).
Subsec. (e).
Subsec. (f).
2008—Subsec. (d).
§14044d. Senior Policy Operating Group
Each Federal department or agency involved in grant activities related to combatting trafficking or providing services to persons subjected to trafficking inside the United States shall apprise the Senior Policy Operating Group established by section 105(f) 1 of the Victims of Trafficking and Violence Protection Act of 2000 (
(
References in Text
Section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000, referred to in text, was redesignated 105(g) of the Victims of Trafficking and Violence Protection Act of 2000 by
The Trafficking Victims Protection Act of 2000, referred to in text, is div. A of
Codification
Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2008—
1 See References in Text note below.
§14044e. Definitions
In this part:
(1) Severe forms of trafficking in persons
The term "severe forms of trafficking in persons" has the meaning given the term in
(2) Sex trafficking
The term "sex trafficking" has the meaning given the term in
(3) Commercial sex act
The term "commercial sex act" has the meaning given the term in
(
References in Text
This part, referred to in text, was in the original "this title", meaning title II of
Codification
Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—Par. (1).
Par. (2).
Par. (3).
§14044f. Grants for law enforcement training programs
(a) Definitions
In this section:
(1) Act of trafficking
The term "act of trafficking" means an act or practice described in paragraph (9) of
(2) Eligible entity
The term "eligible entity" means a State or a local government.
(3) State
The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States.
(4) Victim of trafficking
The term "victim of trafficking" means a person subjected to an act of trafficking.
(b) Grants authorized
The Attorney General may award grants to eligible entities to provide training to State and local law enforcement personnel to identify and protect victims of trafficking.
(c) Use of funds
A grant awarded under this section shall be used to—
(1) train law enforcement personnel to identify and protect victims of trafficking, including training such personnel to utilize Federal, State, or local resources to assist victims of trafficking;
(2) train law enforcement or State or local prosecutors to identify, investigate, or prosecute acts of trafficking; or
(3) train law enforcement or State or local prosecutors to utilize laws that prohibit acts of trafficking and to assist in the development of State and local laws to prohibit acts of trafficking.
(d) Restrictions
(1) Administrative expenses
An eligible entity that receives a grant under this section may use not more than 5 percent of the total amount of such grant for administrative expenses.
(2) Nonexclusivity
Nothing in this section may be construed to restrict the ability of an eligible entity to apply for or obtain funding from any other source to carry out the training described in subsection (c).
(e) Authorization of appropriations
There are authorized to be appropriated $10,000,000 for each of the fiscal years 2007 through 2011 to carry out the provisions of this section.
(
Codification
Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—Subsec. (a)(1).
§14044g. Combat Human Trafficking Act
(a) Short title
This section may be cited as the "Combat Human Trafficking Act of 2015".
(b) Definitions
In this section:
(1) Commercial sex act; severe forms of trafficking in persons; state; task force
The terms "commercial sex act", "severe forms of trafficking in persons", "State", and "Task Force" have the meanings given those terms in
(2) Covered offender
The term "covered offender" means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons.
(3) Covered offense
The term "covered offense" means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons.
(4) Federal law enforcement officer
The term "Federal law enforcement officer" has the meaning given the term in
(5) Local law enforcement officer
The term "local law enforcement officer" means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(6) State law enforcement officer
The term "State law enforcement officer" means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(c) Department of Justice training and policy for law enforcement officers, prosecutors, and judges
(1) Training
(A) Law enforcement officers
The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on—
(i) effective methods for investigating and prosecuting covered offenders; and
(ii) facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons.
(B) Federal prosecutors
The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under
(C) Judges
The Federal Judicial Center shall provide training to judges relating to the application of
(2) Policy for Federal law enforcement officers
The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders.
(d) Omitted
(e) Bureau of Justice Statistics report on State enforcement of human trafficking prohibitions
The Director of the Bureau of Justice Statistics shall—
(1) prepare an annual report on—
(A) the rates of—
(i) arrest of individuals by State law enforcement officers for a covered offense;
(ii) prosecution (including specific charges) of individuals in State court systems for a covered offense; and
(iii) conviction of individuals in State court systems for a covered offense; and
(B) sentences imposed on individuals convicted in State court systems for a covered offense; and
(2) submit the annual report prepared under paragraph (1) to—
(A) the Committee on the Judiciary of the House of Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Task Force;
(D) the Senior Policy Operating Group established under
(E) the Attorney General.
(
Codification
Section was enacted as the Combat Human Trafficking Act of 2015 and as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Section is comprised of section 114 of
Using Existing Task Forces and Components To Target Offenders Who Exploit Children
"(1) all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex; and
"(2) all components and task forces with jurisdiction to detect, investigate, and prosecute cases of child labor trafficking engage in activities, programs, or operations to increase the capacity of such components to deter and punish child labor trafficking."
§14044h. Establishing a national strategy to combat human trafficking
(a) In general
The Attorney General shall implement and maintain a National Strategy for Combating Human Trafficking (referred to in this section as the "National Strategy") in accordance with this section.
(b) Required contents of National Strategy
The National Strategy shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to investigate and prosecute human trafficking cases, including—
(A) the development by each United States attorney, in consultation with State, local, and tribal government agencies, of a district-specific strategic plan to coordinate the identification of victims and the investigation and prosecution of human trafficking crimes;
(B) the appointment of not fewer than 1 assistant United States attorney in each district dedicated to the prosecution of human trafficking cases or responsible for implementing the National Strategy;
(C) the participation in any Federal, State, local, or tribal human trafficking task force operating in the district of the United States attorney; and
(D) any other efforts intended to enhance the level of coordination and cooperation, as determined by the Attorney General.
(2) Case coordination within the Department of Justice, including specific integration, coordination, and collaboration, as appropriate, on human trafficking investigations between and among the United States attorneys, the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, and the Federal Bureau of Investigation.
(3) Annual budget priorities and Federal efforts dedicated to preventing and combating human trafficking, including resources dedicated to the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, the Federal Bureau of Investigation, and all other entities that receive Federal support that have a goal or mission to combat the exploitation of adults and children.
(4) An ongoing assessment of the future trends, challenges, and opportunities, including new investigative strategies, techniques, and technologies, that will enhance Federal, State, local, and tribal efforts to combat human trafficking.
(5) Encouragement of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies to combat human trafficking, including the involvement of State, local, and tribal government agencies to the extent Federal programs are involved.
(
Codification
Section was enacted as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Part P—Miscellaneous Authorities
§14045. Grants for outreach and services to underserved populations
(a) Grants authorized
(1) In general
Of the amounts appropriated under the grant programs identified in paragraph (2), the Attorney General shall take 2 percent of such appropriated amounts and combine them to award grants to eligible entities described in subsection (b) of this section to develop and implement outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations and to provide victim services to meet the needs of adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in underserved populations. The requirements of the grant programs identified in paragraph (2) shall not apply to this grant program.
(2) Programs covered
The programs covered by paragraph (1) are the programs carried out under the following provisions:
(A)
(B)
(b) Eligible entities
Eligible entities under this section are—
(1) population specific organizations that have demonstrated experience and expertise in providing population specific services in the relevant underserved communities, or population specific organizations working in partnership with a victim service provider or domestic violence or sexual assault coalition;
(2) victim service providers offering population specific services for a specific underserved population; or
(3) victim service providers working in partnership with a national, State, tribal, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population.
(c) Planning grants
The Attorney General may use up to 25 percent of funds available under this section to make one-time planning grants to eligible entities to support the planning and development of specially designed and targeted programs for adult and youth victims in one or more underserved populations, including—
(1) identifying, building and strengthening partnerships with potential collaborators within underserved populations, Federal, State, tribal, territorial or local government entities, and public and private organizations;
(2) conducting a needs assessment of the community and the targeted underserved population or populations to determine what the barriers are to service access and what factors contribute to those barriers, using input from the targeted underserved population or populations;
(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; and
(4) developing a plan, with the input of the targeted underserved population or populations, for implementing prevention, outreach and intervention strategies to address the barriers to accessing services, promoting community engagement in the prevention of domestic violence, dating violence, sexual assault, and stalking within the targeted underserved populations, and evaluating the program.
(d) Implementation grants
The Attorney General shall make grants to eligible entities for the purpose of providing or enhancing population specific outreach and services to adult and youth victims in one or more underserved populations, including—
(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific services;
(2) strengthening the capacity of underserved populations to provide population specific services;
(3) strengthening the capacity of traditional victim service providers to provide population specific services;
(4) strengthening the effectiveness of criminal and civil justice interventions by providing training for law enforcement, prosecutors, judges and other court personnel on domestic violence, dating violence, sexual assault, or stalking in underserved populations; or
(5) working in cooperation with an underserved population to develop and implement outreach, education, prevention, and intervention strategies that highlight available resources and the specific issues faced by victims of domestic violence, dating violence, sexual assault, or stalking from underserved populations.
(e) Application
An eligible entity desiring a grant under this section shall submit an application to the Director of the Office on Violence Against Women at such time, in such form, and in such manner as the Director may prescribe.
(f) Reports
Each eligible entity receiving a grant under this section shall submit to the Director of the Office on Violence Against Women a report that describes the activities carried out with grant funds.
(g) Authorization of appropriations
In addition to the funds identified in subsection (a)(1), there are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018.
(h) Definitions and grant conditions
In this section the definitions and grant conditions in
(
Codification
Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—
2006—Subsec. (g).
Subsec. (i).
Effective Date of 2013 Amendment
Amendment by
§14045a. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking
(a) Establishment
(1) In general
Of the amounts appropriated under certain grant programs identified in paragraph (a)(2) of this Section,1 the Attorney General, through the Director of the Violence Against Women Office (referred to in this section as the "Director"), shall take 5 percent of such appropriated amounts and combine them to establish a new grant program to enhance culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants made under this new program shall be administered by the Director. The requirements of the grant programs identified in paragraph (2) shall not apply to this new grant program.
(2) Programs covered
The programs covered by paragraph (1) are the programs carried out under the following provisions:
(A)
(B)
(C)
(D)
(E)
(b) Purpose of program and grants
(1) General program purpose
The purpose of the program required by this section is to promote:
(A) The maintenance and replication of existing successful services in domestic violence, dating violence, sexual assault, and stalking community-based programs providing culturally specific services and other resources.
(B) The development of innovative culturally specific strategies and projects to enhance access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(2) Purposes for which grants may be used
The Director shall make grants to community-based programs for the purpose of enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants under the program shall support community-based efforts to address distinctive cultural responses to domestic violence, dating violence, sexual assault, and stalking, including—
(A) working with State and local governments and social service agencies to develop and enhance effective strategies to provide culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking;
(B) increasing communities' capacity to provide culturally specific resources and support for victims of domestic violence, dating violence, sexual assault, and stalking crimes and their families;
(C) strengthening criminal justice interventions, by providing training for law enforcement, prosecution, courts, probation, and correctional facilities on culturally specific responses to domestic violence, dating violence, sexual assault, and stalking;
(D) enhancing traditional services to victims of domestic violence, dating violence, sexual assault, and stalking through the leadership of culturally specific programs offering services to victims of domestic violence, dating violence, sexual assault, and stalking;
(E) working in cooperation with the community to develop education and prevention strategies highlighting culturally specific issues and resources regarding victims of domestic violence, dating violence, sexual assault, and stalking;
(F) providing culturally specific programs for children exposed to domestic violence, dating violence, sexual assault, and stalking;
(G) providing culturally specific resources and services that address the safety, economic, housing, and workplace needs of victims of domestic violence, dating violence, sexual assault, or stalking, including emergency assistance; or
(H) examining the dynamics of culture and its impact on victimization and healing.
(3) Technical assistance and training
The Director shall provide technical assistance and training to grantees of this and other programs under this Act regarding the development and provision of effective culturally specific community-based services by entering into cooperative agreements or contracts with an organization or organizations having a demonstrated expertise in and whose primary purpose is addressing the development and provision of culturally specific community-based services to victims of domestic violence, dating violence, sexual assault, and stalking.
(c) Eligible entities
Eligible entities for grants under this Section 1 include—
(1) community-based programs whose primary purpose is providing culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking; and
(2) community-based programs whose primary purpose is providing culturally specific services who can partner with a program having demonstrated expertise in serving victims of domestic violence, dating violence, sexual assault, and stalking.
(d) Reporting
The Director shall issue a biennial report on the distribution of funding under this section, the progress made in replicating and supporting increased services to victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources, and the types of culturally accessible programs, strategies, technical assistance, and training developed or enhanced through this program.
(e) Grant period
The Director shall award grants for a 2-year period, with a possible extension of another 2 years to implement projects under the grant.
(f) Evaluation
The Director shall award a contract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated expertise in and primary goal of providing enhanced cultural access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(g) Non-exclusivity
Nothing in this Section 1 shall be interpreted to exclude culturally specific community-based programs from applying to other grant programs authorized under this Act.
(h) Definitions and grant conditions
In this section the definitions and grant conditions in
(
References in Text
The parenthetical reference "(Enhanced Training and Services to End Violence Against Women Later in Life)" appearing after "
This Act, referred to in subsecs. (b)(3) and (g), is
Codification
Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—
Subsec. (a)(2).
Subsec. (g).
2006—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (h).
Effective Date of 2013 Amendment
Amendment by
Effective Date
Section not effective until the beginning of fiscal year 2007, see section 4 of
1 So in original. Probably should not be capitalized.
2 See References in Text note below.
§14045b. Grants to combat violent crimes on campuses
(a) Grants authorized
(1) In general
The Attorney General is authorized to make grants to institutions of higher education, for use by such institutions or consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution, to develop and strengthen effective security and investigation strategies to combat domestic violence, dating violence, sexual assault, and stalking on campuses, to develop and strengthen victim services in cases involving such crimes on campuses, which may include partnerships with local criminal justice authorities and community-based victim services agencies, and to develop and strengthen prevention education and awareness programs.
(2) Award basis
The Attorney General shall award grants and contracts under this section on a competitive basis for a period of 3 years. The Attorney General, through the Director of the Office on Violence Against Women, shall award the grants in amounts of not more than $300,000 for individual institutions of higher education and not more than $1,000,000 for consortia of such institutions.
(3) Equitable participation
The Attorney General shall make every effort to ensure—
(A) the equitable participation of private and public institutions of higher education in the activities assisted under this section;
(B) the equitable geographic distribution of grants under this section among the various regions of the United States; and
(C) the equitable distribution of grants under this section to tribal colleges and universities and traditionally black colleges and universities.
(b) Use of grant funds
Grant funds awarded under this section may be used for the following purposes:
(1) To provide personnel, training, technical assistance, data collection, and other equipment with respect to the increased apprehension, investigation, and adjudication of persons committing domestic violence, dating violence, sexual assault, and stalking on campus.
(2) To develop, strengthen, and implement campus policies, protocols, and services that more effectively identify and respond to the crimes of domestic violence, dating violence, sexual assault and stalking, including the use of technology to commit these crimes, and to train campus administrators, campus security personnel, and personnel serving on campus disciplinary or judicial boards on such policies, protocols, and services. Within 90 days after January 5, 2006, the Attorney General shall issue and make available minimum standards of training relating to domestic violence, dating violence, sexual assault, and stalking on campus, for all campus security personnel and personnel serving on campus disciplinary or judicial boards.
(3) To implement and operate education programs for the prevention of domestic violence, dating violence, sexual assault, and stalking.
(4) To develop, enlarge, or strengthen victim services programs and population specific services on the campuses of the institutions involved, including programs providing legal, medical, or psychological counseling, for victims of domestic violence, dating violence, sexual assault, and stalking, and to improve delivery of victim assistance on campus. To the extent practicable, such an institution shall collaborate with any victim service providers in the community in which the institution is located. If appropriate victim services programs are not available in the community or are not accessible to students, the institution shall, to the extent practicable, provide a victim services program on campus or create a victim services program in collaboration with a community-based organization. The institution shall use not less than 20 percent of the funds made available through the grant for a victim services program provided in accordance with this paragraph, regardless of whether the services are provided by the institution or in coordination with community victim service providers.
(5) To create, disseminate, or otherwise provide assistance and information about victims' options on and off campus to bring disciplinary or other legal action, including assistance to victims in immigration matters.
(6) To develop, install, or expand data collection and communication systems, including computerized systems, linking campus security to the local law enforcement for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions with respect to the crimes of domestic violence, dating violence, sexual assault, and stalking on campus.
(7) To provide capital improvements (including improved lighting and communications facilities but not including the construction of buildings) on campuses to address the crimes of domestic violence, dating violence, sexual assault, and stalking.
(8) To support improved coordination among campus administrators, campus security personnel, and local law enforcement to reduce domestic violence, dating violence, sexual assault, and stalking on campus.
(9) To develop or adapt and provide developmental, culturally appropriate, and linguistically accessible print or electronic materials to address both prevention and intervention in domestic violence, dating violence, sexual violence, and stalking.
(10) To develop or adapt population specific strategies and projects for victims of domestic violence, dating violence, sexual assault, and stalking from underserved populations on campus.
(c) Applications
(1) In general
In order to be eligible to be awarded a grant under this section for any fiscal year, an institution of higher education shall submit an application to the Attorney General at such time and in such manner as the Attorney General shall prescribe.
(2) Contents
Each application submitted under paragraph (1) shall—
(A) describe the need for grant funds and the plan for implementation for any of the purposes described in subsection (b);
(B) include proof that the institution of higher education collaborated with victim service providers, including domestic violence, dating violence, sexual assault, and stalking victim services programs in the community in which the institution is located;
(C) describe the characteristics of the population being served, including type of campus, demographics of the population, and number of students;
(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;
(E) provide measurable goals and expected results from the use of the grant funds;
(F) provide assurances that the Federal funds made available under this section shall be used to supplement and, to the extent practical, increase the level of funds that would, in the absence of Federal funds, be made available by the institution for the purposes described in subsection (b); and
(G) include such other information and assurances as the Attorney General reasonably determines to be necessary.
(3) Compliance with campus crime reporting required
No institution of higher education shall be eligible for a grant under this section unless such institution is in compliance with the requirements of
(d) General terms and conditions
(1) Nonmonetary assistance
In addition to the assistance provided under this section, the Attorney General may request any Federal agency to use the agency's authorities and the resources granted to the agency under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of campus security, and investigation and victim service efforts.
(2) Grantee reporting
(A) Annual report
Each institution of higher education receiving a grant under this section shall submit a performance report to the Attorney General. The Attorney General shall suspend funding under this section for an institution of higher education if the institution fails to submit such a report.
(B) Final report
Upon completion of the grant period under this section, the institution shall file a performance report with the Attorney General and the Secretary of Education explaining the activities carried out under this section together with an assessment of the effectiveness of those activities in achieving the purposes described in subsection (b).
(3) Grantee minimum requirements
Each grantee shall comply with the following minimum requirements during the grant period:
(A) The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution.
(B) The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students.
(C) The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking.
(D) The grantee shall train all members of campus disciplinary boards to respond effectively to situations involving domestic violence, dating violence, sexual assault, or stalking.
(4) Report to Congress
Not later than 180 days after the end of the fiscal year for which grants are awarded under this section, the Attorney General shall submit to Congress a report that includes—
(A) the number of grants, and the amount of funds, distributed under this section;
(B) a summary of the purposes for which the grants were provided and an evaluation of the progress made under the grant;
(C) a statistical summary of the persons served, detailing the nature of victimization, and providing data on age, sex, race, ethnicity, language, disability, relationship to offender, geographic distribution, and type of campus; and
(D) an evaluation of the effectiveness of programs funded under this part.1
(e) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $12,000,000 for each of fiscal years 2014 through 2018.
(f) Omitted
(g) Definitions and grant conditions
In this section the definitions and grant conditions in
(
References in Text
This part, referred to in subsec. (d)(4)(D), appearing in the original is unidentifiable because title III of
Codification
Section is comprised of section 304 of
Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(9), (10).
Subsec. (c)(2)(B).
Subsec. (c)(2)(D) to (G).
Subsec. (c)(3).
Subsec. (d)(3), (4).
Subsec. (e).
2006—Subsec. (b)(2).
Subsec. (d)(2)(A).
Subsec. (g).
Effective Date of 2013 Amendment
Amendment by
Effective Date
Section not effective until the beginning of fiscal year 2007, see section 4 of
1 See References in Text note below.
§14045c. Repealed. Pub. L. 113–4, title IV, §402(b)(2), Mar. 7, 2013, 127 Stat. 95
Section,
Effective Date of Repeal
Repeal not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of
§14045d. Consultation
(a) In general
The Attorney General shall conduct annual consultations with Indian tribal governments concerning the Federal administration of tribal funds and programs established under this Act, the Violence Against Women Act of 1994 (title IV of
(b) Recommendations
During consultations under subsection (a), the Secretary of Health and Human Services, the Secretary of the Interior, and the Attorney General shall solicit recommendations from Indian tribes concerning—
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, stalking, and sex trafficking; and
(3) strengthening the Federal response to such violent crimes.
(c) Annual report
The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that—
(1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report;
(2) describes actions taken during the year covered by the report to respond to recommendations made under subsection (b) during the year or a previous year; and
(3) describes how the Attorney General will work in coordination and collaboration with Indian tribes, the Secretary of Health and Human Services, and the Secretary of the Interior to address the recommendations made under subsection (b).
(d) Notice
Not later than 120 days before the date of a consultation under subsection (a), the Attorney General shall notify tribal leaders of the date, time, and location of the consultation.
(
References in Text
This Act, referred to in subsec. (a), is
The Violence Against Women Act of 1994, referred to in subsec. (a), is title IV of
The Violence Against Women Act of 2000, referred to in subsec. (a), is div. B of
The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (a), is
Codification
Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2013—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsecs. (c), (d).
SUBCHAPTER IV—DRUG CONTROL
§14051. Increased penalties for drug-dealing in "drug-free" zones
Pursuant to its authority under
(
Codification
Section is comprised of section 90102 of
§14052. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
(a) Declaration of policy
It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation's Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
(b) Sentencing guidelines
Pursuant to its authority under
(1) under
(2) under
(c) No probation
Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.
(
Codification
Section is comprised of section 90103 of
§14053. Violent crime and drug emergency areas
(a) Definitions
In this section—
"major violent crime or drug-related emergency" means an occasion or instance in which violent crime, drug smuggling, drug trafficking, or drug abuse violence reaches such levels, as determined by the President, that Federal assistance is needed to supplement State and local efforts and capabilities to save lives, and to protect property and public health and safety.
"State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(b) Declaration of violent crime and drug emergency areas
If a major violent crime or drug-related emergency exists throughout a State or a part of a State, the President may declare the State or part of a State to be a violent crime or drug emergency area and may take appropriate actions authorized by this section.
(c) Procedure
(1) In general
A request for a declaration designating an area to be a violent crime or drug emergency area shall be made, in writing, by the chief executive officer of a State or local government, respectively (or in the case of the District of Columbia, the mayor), and shall be forwarded to the Attorney General in such form as the Attorney General may by regulation require. One or more cities, counties, States, or the District of Columbia may submit a joint request for designation as a major violent crime or drug emergency area under this subsection.
(2) Finding
A request made under paragraph (1) shall be based on a written finding that the major violent crime or drug-related emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response to save lives and to protect property and public health and safety.
(d) Irrelevancy of population density
The President shall not limit declarations made under this section to highly populated centers of violent crime or drug trafficking, drug smuggling, or drug use, but shall also consider applications from governments of less populated areas where the magnitude and severity of such activities is beyond the capability of the State or local government to respond.
(e) Requirements
As part of a request for a declaration under this section, and as a prerequisite to Federal violent crime or drug emergency assistance under this section, the chief executive officer of a State or local government shall—
(1) take appropriate action under State or local law and furnish information on the nature and amount of State and local resources that have been or will be committed to alleviating the major violent crime- or drug-related emergency;
(2) submit a detailed plan outlining that government's short- and long-term plans to respond to the violent crime or drug emergency, specifying the types and levels of Federal assistance requested and including explicit goals (including quantitative goals) and timetables; and
(3) specify how Federal assistance provided under this section is intended to achieve those goals.
(f) Review period
The Attorney General shall review a request submitted pursuant to this section, and the President shall decide whether to declare a violent crime or drug emergency area, within 30 days after receiving the request.
(g) Federal assistance
The President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, financial assistance, and managerial, technical, and advisory services) in support of State and local assistance efforts; and
(2) provide technical and advisory assistance, including communications support and law enforcement-related intelligence information.
(h) Duration of Federal assistance
(1) In general
Federal assistance under this section shall not be provided to a violent crime or drug emergency area for more than 1 year.
(2) Extension
The chief executive officer of a jurisdiction may apply to the President for an extension of assistance beyond 1 year. The President may extend the provision of Federal assistance for not more than an additional 180 days.
(i) Regulations
Not later than 120 days after September 13, 1994, the Attorney General shall issue regulations to implement this section.
(j) No effect on existing authority
Nothing in this section shall diminish or detract from existing authority possessed by the President or Attorney General.
(
SUBCHAPTER V—CRIMINAL STREET GANGS
§14061. Juvenile anti-drug and anti-gang grants in federally assisted low-income housing
Grants authorized in this Act to reduce or prevent juvenile drug and gang-related activity in "public housing" may be used for such purposes in federally assisted, low-income housing.
(
References in Text
This Act, referred to in text, is
§14062. Gang investigation coordination and information collection
(a) Coordination
The Attorney General (or the Attorney General's designee), in consultation with the Secretary of the Treasury (or the Secretary's designee), shall develop a national strategy to coordinate gang-related investigations by Federal law enforcement agencies.
(b) Data collection
The Director of the Federal Bureau of Investigation shall acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report.
(c) Report
The Attorney General shall prepare a report on national gang violence outlining the strategy developed under subsection (a) to be submitted to the President and Congress by January 1, 1996.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section $1,000,000 for fiscal year 1996.
(
SUBCHAPTER VI—CRIMES AGAINST CHILDREN
§§14071 to 14073. Repealed. Pub. L. 109–248, title I, §129(a), July 27, 2006, 120 Stat. 600
Section 14071,
Section 14072,
Section 14073,
Effective Date of Repeal
Short Title
Subtitle A of title XVII of
SUBCHAPTER VII—RURAL CRIME
§14081. Rural Crime and Drug Enforcement Task Forces
(a) Establishment
The Attorney General, in consultation with the Governors, mayors, and chief executive officers of State and local law enforcement agencies, may establish a Rural Crime and Drug Enforcement Task Force in judicial districts that encompass significant rural lands. Assets seized as a result of investigations initiated by a Rural Crime and Drug Enforcement Task Force and forfeited under Federal law shall be used, consistent with the guidelines on equitable sharing established by the Attorney General and of the Secretary of the Treasury, primarily to enhance the operations of the task force and its participating State and local law enforcement agencies.
(b) Task force membership
The Task Forces 1 established under subsection (a) shall be carried out under policies and procedures established by the Attorney General. The Attorney General may deputize State and local law enforcement officers and may cross-designate up to 100 Federal law enforcement officers, when necessary to undertake investigations pursuant to
(1) shall include representatives from—
(A) State and local law enforcement agencies;
(B) the office of the United States Attorney for the judicial district; and
(C) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Immigration and Naturalization Service, and the United States Marshals Service; and
(2) may include representatives of other Federal law enforcement agencies, such as the United States Customs Service, United States Park Police, United States Forest Service, Bureau of Alcohol, Tobacco, and Firearms, and Bureau of Land Management.
(
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
For transfer of authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, including the related functions of the Secretary of the Treasury, to the Department of Justice, see
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
1 So in original. Probably should not be capitalized.
§14082. Rural drug enforcement training
(a) Specialized training for rural officers
The Director of the Federal Law Enforcement Training Center shall develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out subsection (a)—
(1) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997;
(3) $1,000,000 for fiscal year 1998;
(4) $1,000,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
(
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under
§14083. More agents for Drug Enforcement Administration
There are authorized to be appropriated for the hiring of additional Drug Enforcement Administration agents—
(1) $12,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $40,000,000 for fiscal year 1999; and
(5) $48,000,000 for fiscal year 2000.
(
SUBCHAPTER VIII—POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
Part A—Police Corps
§14091. Purposes
The purposes of this part are to—
(1) address violent crime by increasing the number of police with advanced education and training on community patrol; and
(2) provide educational assistance to law enforcement personnel and to students who possess a sincere interest in public service in the form of law enforcement.
(
Short Title
For short title of this part as the "Police Corps Act", see section 200101 of
§14092. Definitions
In this part—
"academic year" means a traditional academic year beginning in August or September and ending in the following May or June.
"dependent child" means a natural or adopted child or stepchild of a law enforcement officer who at the time of the officer's death—
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent on the child's parents for at least one-half of the child's support (excluding educational expenses), as determined by the Director.
"Director" means the Director of the Office of the Police Corps and Law Enforcement Education appointed under section 14093 1 of this title.
"educational expenses" means expenses that are directly attributable to a course of education leading to the award of either a baccalaureate or graduate degree in a course of study which, in the judgment of the State or local police force to which the participant will be assigned, includes appropriate preparation for police service including the cost of tuition, fees, books, supplies, transportation, room and board and miscellaneous expenses.
"institution of higher education" has the meaning stated in the first sentence of
"participant" means a participant in the Police Corps program selected pursuant to section 14095 2 of this title.
"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
"State Police Corps program" means a State police corps program that meets the requirements of
(
Amendments
1998—Subsec. (b).
1996—
"(A) a course of education leading to the award of the baccalaureate degree in legal- or criminal justice-related studies; or
"(B) a course of graduate study legal or criminal justice studies following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies, transportation, room and board and miscellaneous expenses."
Effective Date of 1998 Amendment
Amendment by
1 So in original.
2 So in original. Probably should be section "14096".
§14093. Establishment of Office of the Police Corps and Law Enforcement Education
There is established in the Department of Justice, under the general authority of the Attorney General, an Office of the Police Corps and Law Enforcement Education.
(
§14094. Designation of lead agency and submission of State plan
(a) Lead agency
A State that desires to participate in the Police Corps program under this part shall designate a lead agency that will be responsible for—
(1) submitting to the Director a State plan described in subsection (b); and
(2) administering the program in the State.
(b) State plans
A State plan shall—
(1) contain assurances that the lead agency shall work in cooperation with the local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out the program;
(2) contain assurances that the State shall advertise the assistance available under this part;
(3) contain assurances that the State shall screen and select law enforcement personnel for participation in the program; and
(4) meet the requirements of
(
§14095. Scholarship assistance
(a) Scholarships authorized
(1) The Director may award scholarships to participants who agree to work in a State or local police force in accordance with agreements entered into pursuant to subsection (d).
(2)(A) Except as provided in subparagraph (B), each scholarship payment made under this section for each academic year shall not exceed—
(i) $10,000; or
(ii) the cost of the educational expenses related to attending an institution of higher education.
(B) In the case of a participant who is pursuing a course of educational study during substantially an entire calendar year, the amount of scholarship payments made during such year shall not exceed $13,333.
(C) The total amount of scholarship assistance received by any one student under this section shall not exceed $40,000.
(3) Recipients of scholarship assistance under this section shall continue to receive such scholarship payments only during such periods as the Director finds that the recipient is maintaining satisfactory progress as determined by the institution of higher education the recipient is attending.
(4)(A) The Director shall make scholarship payments under this section directly to the institution of higher education that the student is attending.
(B) Each institution of higher education receiving a payment on behalf of a participant pursuant to subparagraph (A) shall remit to such student any funds in excess of the costs of tuition, fees, and room and board payable to the institution.
(b) Reimbursement authorized
(1) The Director may make payments to a participant to reimburse such participant for the costs of educational expenses if the student agrees to work in a State or local police force in accordance with the agreement entered into pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each academic year of study shall not exceed—
(i) $10,000; or
(ii) the cost of educational expenses related to attending an institution of higher education.
(B) In the case of a participant who is pursuing a course of educational study during substantially an entire calendar year, the amount of scholarship payments made during such year shall not exceed $13,333.
(C) The total amount of payments made pursuant to subparagraph (A) to any 1 student shall not exceed $40,000.
(c) Use of scholarship
Scholarships awarded under this subsection 1 shall only be used to attend a 4-year institution of higher education, except that—
(1) scholarships may be used for graduate and professional study; and
(2) if a participant has enrolled in the program upon or after transfer to a 4-year institution of higher education, the Director may reimburse the participant for the participant's prior educational expenses.
(d) Agreement
(1)(A) Each participant receiving a scholarship or a payment under this section shall enter into an agreement with the Director.
(B) An agreement under subparagraph (A) shall contain assurances that the participant shall—
(i) after successful completion of a baccalaureate program and training as prescribed in
(ii) complete satisfactorily—
(I) an educational course of study and receipt of a baccalaureate degree (in the case of undergraduate study) or the reward of credit to the participant for having completed one or more graduate courses (in the case of graduate study); and
(II) Police Corps training and certification by the Director that the participant has met such performance standards as may be established pursuant to
(iii) repay all of the scholarship or payment received plus interest at the rate of 10 percent if the conditions of clauses (i) and (ii) are not complied with.
(2)(A) A recipient of a scholarship or payment under this section shall not be considered to be in violation of the agreement entered into pursuant to paragraph (1) if the recipient—
(i) dies; or
(ii) becomes permanently and totally disabled as established by the sworn affidavit of a qualified physician.
(B) If a scholarship recipient is unable to comply with the repayment provision set forth in paragraph (1)(B)(ii) 2 because of a physical or emotional disability or for good cause as determined by the Director, the Director may substitute community service in a form prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from a participant who violates an agreement described in paragraph (1).
(e) Dependent child
A dependent child of a law enforcement officer—
(1) who is a member of a State or local police force or is a Federal criminal investigator or uniformed police officer,
(2) who is not a participant in the Police Corps program, but
(3) who serves in a State for which the Director has approved a Police Corps plan, and
(4) who is killed in the course of performing police duties,
shall be entitled to the scholarship assistance authorized in this section for any course of study in any accredited institution of higher education. Such dependent child shall not incur any repayment obligation in exchange for the scholarship assistance provided in this section.
(f) Application
Each participant desiring a scholarship or payment under this section shall submit an application as prescribed by the Director in such manner and accompanied by such information as the Director may reasonably require.
(
Amendments
2002—Subsecs. (a)(2), (b)(2).
1 So in original. Probably should be "section".
2 So in original. Probably should be paragraph "(1)(B)(iii)".
§14096. Selection of participants
(a) In general
Participants in State Police Corps programs shall be selected on a competitive basis by each State under regulations prescribed by the Director.
(b) Selection criteria and qualifications
(1) In order to participate in a State Police Corps program, a participant shall—
(A) be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;
(B) meet the requirements for admission as a trainee of the State or local police force to which the participant will be assigned pursuant to
(C) possess the necessary mental and physical capabilities and emotional characteristics to discharge effectively the duties of a law enforcement officer;
(D) be of good character and demonstrate sincere motivation and dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that the participant will complete an educational course of study leading to the award of a baccalaureate degree and will then accept an appointment and complete 4 years of service as an officer in the State police or in a local police department within the State;
(F) in the case of a participant desiring to undertake or continue graduate study, agree in writing that the participant will accept an appointment and complete 4 years of service as an officer in the State police or in a local police department within the State before undertaking or continuing graduate study;
(G) contract, with the consent of the participant's parent or guardian if the participant is a minor, to serve for 4 years as an officer in the State police or in a local police department, if an appointment is offered; and
(H) except as provided in paragraph (2), be without previous law enforcement experience.
(2)(A) Until the date that is 5 years after September 13, 1994, up to 10 percent of the applicants accepted into the Police Corps program may be persons who—
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant selected pursuant to subparagraph (A) shall not be counted toward satisfaction of the participant's 4-year service obligation under
(ii) Clause (i) shall not be construed to preclude counting a participant's previous period of law enforcement experience for purposes other than satisfaction of the requirements of
(3) It is the intent of this part that there shall be no more than 20,000 participants in each graduating class. The Director shall approve State plans providing in the aggregate for such enrollment of applicants as shall assure, as nearly as possible, annual graduating classes of 20,000. In a year in which applications are received in a number greater than that which will produce, in the judgment of the Director, a graduating class of more than 20,000, the Director shall, in deciding which applications to grant, give preference to those who will be participating in State plans that provide law enforcement personnel to areas of greatest need.
(c) Recruitment of minorities
Each State participating in the Police Corps program shall make special efforts to seek and recruit applicants from among members of all racial, ethnic or gender groups. This subsection does not authorize an exception from the competitive standards for admission established pursuant to subsections (a) and (b).
(d) Enrollment of applicant
(1) An applicant shall be accepted into a State Police Corps program on the condition that the applicant will be matriculated in, or accepted for admission at, a 4-year institution of higher education—
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set forth in paragraph (1), the applicant's acceptance in the program shall be revoked.
(e) Leave of absence
(1) A participant in a State Police Corps program who requests a leave of absence from educational study, training or service for a period not to exceed 1 year (or 18 months in the aggregate in the event of multiple requests) due to temporary physical or emotional disability shall be granted such leave of absence by the State.
(2) A participant who requests a leave of absence from educational study, training or service for a period not to exceed 1 year (or 18 months in the aggregate in the event of multiple requests) for any reason other than those listed in paragraph (1) may be granted such leave of absence by the State.
(3) A participant who requests a leave of absence from educational study or training for a period not to exceed 30 months to serve on an official church mission may be granted such leave of absence.
(f) Admission of applicants
An applicant may be admitted into a State Police Corps program either before commencement of or during the applicant's course of educational study.
(
1 So in original. Probably should be "subsection".
§14097. Police Corps training
(a) In general
(1) The Director shall establish programs of training for Police Corps participants. Such programs may be carried out at up to 3 training centers established for this purpose and administered by the Director, or by contracting with existing State training facilities. The Director shall contract with a State training facility upon request of such facility if the Director determines that such facility offers a course of training substantially equivalent to the Police Corps training program described in this part.
(2) The Director may enter into contracts with individuals, institutions of learning, and government agencies (including State and local police forces) to obtain the services of persons qualified to participate in and contribute to the training process.
(3) The Director may enter into agreements with agencies of the Federal Government to utilize on a reimbursable basis space in Federal buildings and other resources.
(4) The Director may authorize such expenditures as are necessary for the effective maintenance of the training centers, including purchases of supplies, uniforms, and educational materials, and the provision of subsistence, quarters, and medical care to participants.
(b) Training sessions
A participant in a State Police Corps program shall attend up to 24 weeks, but no less than 16 weeks, of training at a training center. The Director may approve training conducted in not more than 3 separate sessions.
(c) Further training
The Police Corps training authorized in this section is intended to serve as basic law enforcement training but not to exclude further training of participants by the State and local authorities to which they will be assigned. Each State plan approved by the Director under section 14099 1 of this title shall include assurances that following completion of a participant's course of education each participant shall receive appropriate additional training by the State or local authority to which the participant is assigned. The time spent by a participant in such additional training, but not the time spent in Police Corps training, shall be counted toward fulfillment of the participant's 4-year service obligation.
(d) Course of training
The training sessions at training centers established under this section shall be designed to provide basic law enforcement training, including vigorous physical and mental training to teach participants self-discipline and organizational loyalty and to impart knowledge and understanding of legal processes and law enforcement.
(e) Evaluation of participants
A participant shall be evaluated during training for mental, physical, and emotional fitness, and shall be required to meet performance standards prescribed by the Director at the conclusion of each training session in order to remain in the Police Corps program.
(f) Stipend
The Director shall pay participants in training sessions a stipend of $400 a week during training.
(
References in Text
Amendments
2002—Subsec. (f).
1998—Subsec. (b).
Subsec. (c).
1 See References in Text note below.
§14098. Service obligation
(a) Swearing in
Upon satisfactory completion of the participant's course of education and training program established in
(b) Rights and responsibilities
A participant shall have all of the rights and responsibilities of and shall be subject to all rules and regulations applicable to other members of the police force of which the participant is a member, including those contained in applicable agreements with labor organizations and those provided by State and local law.
(c) Discipline
If the police force of which the participant is a member subjects the participant to discipline such as would preclude the participant's completing 4 years of service, and result in denial of educational assistance under
(d) Layoffs
If the police force of which the participant is a member lays off the participant such as would preclude the participant's completing 4 years of service, and result in denial of educational assistance under
(
§14099. State plan requirements
A State Police Corps plan shall—
(1) provide for the screening and selection of participants in accordance with the criteria set out in
(2) state procedures governing the assignment of participants in the Police Corps program to State and local police forces (except with permission of the Director, no more than 25 percent of all the participants assigned in each year by each State to be assigned to a statewide police force or forces);
(3) provide that participants shall be assigned to those geographic areas in which—
(A) there is the greatest need for additional law enforcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph (3), a participant shall be assigned to an area near the participant's home or such other place as the participant may request;
(5) provide that to the extent feasible, a participant's assignment shall be made at the time the participant is accepted into the program, subject to change—
(A) prior to commencement of a participant's fourth year of undergraduate study, under such circumstances as the plan may specify; and
(B) from commencement of a participant's fourth year of undergraduate study until completion of 4 years of police service by participant, only for compelling reasons or to meet the needs of the State Police Corps program and only with the consent of the participant;
(6) provide that no participant shall be assigned to serve with a local police force—
(A) whose size has declined by more than 5 percent since June 21, 1989; or
(B) which has members who have been laid off but not retired;
(7) provide that participants shall be placed and to the extent feasible kept on community and preventive patrol;
(8) ensure that participants will receive effective training and leadership;
(9) provide that the State may decline to offer a participant an appointment following completion of Federal training, or may remove a participant from the Police Corps program at any time, only for good cause (including failure to make satisfactory progress in a course of educational study) and after following reasonable review procedures stated in the plan; and
(10) provide that a participant shall, while serving as a member of a police force, be compensated at the same rate of pay and benefits and enjoy the same rights under applicable agreements with labor organizations and under State and local law as other police officers of the same rank and tenure in the police force of which the participant is a member.
(
Amendments
2002—Par. (2).
§14100. Repealed. Pub. L. 107–273, div. C, title I, §11006(4), Nov. 2, 2002, 116 Stat. 1817
Section,
§14101. Authorization of appropriations
There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 1999, $70,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, and $90,000,000 for each of fiscal years 2002 through 2005.
(
Amendments
2002—
1998—
§14102. Repealed. Pub. L. 112–189, §2(b)(1), Oct. 5, 2012, 126 Stat. 1435
Section,
Part B—Law Enforcement Scholarship Program
§14111. Definitions
In this part—
"Director" means the Director of the Office of the Police Corps and Law Enforcement Education appointed under section 14093 1 of this title.
"educational expenses" means expenses that are directly attributable to—
(A) a course of education leading to the award of an associate degree;
(B) a course of education leading to the award of a baccalaureate degree; or
(C) a course of graduate study following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies, and related expenses.
"institution of higher education" has the meaning stated in the first sentence of
"law enforcement position" means employment as an officer in a State or local police force, or correctional institution.
"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(
Amendments
1998—
Effective Date of 1998 Amendment
Amendment by
Short Title
For short title of this part as the "Law Enforcement Scholarships and Recruitment Act", see section 200201 of
1 So in original.
§14112. Allotment
From amounts appropriated under
(1) 80 percent of such amounts to States on the basis of the number of law enforcement officers in each State compared to the number of law enforcement officers in all States; and
(2) 20 percent of such amounts to States on the basis of the shortage of law enforcement personnel and the need for assistance under this part in the State compared to the shortage of law enforcement personnel and the need for assistance under this part in all States.
(
§14113. Establishment of program
(a) Use of allotment
(1) In general
A State that receives an allotment pursuant to
(A) awarding scholarships to in-service law enforcement personnel to enable such personnel to seek further education; and
(B) providing—
(i) full-time employment in summer; or
(ii) part-time (not to exceed 20 hours per week) employment for a period not to exceed 1 year.
(2) Employment
The employment described in paragraph (1)(B)—
(A) shall be provided by State and local law enforcement agencies for students who are juniors or seniors in high school or are enrolled in an institution of higher education and who demonstrate an interest in undertaking a career in law enforcement;
(B) shall not be in a law enforcement position; and
(C) shall consist of performing meaningful tasks that inform students of the nature of the tasks performed by law enforcement agencies.
(b) Payments; Federal share; non-Federal share
(1) Payments
Subject to the availability of appropriations, the Director shall pay to each State that receives an allotment under
(2) Federal share
The Federal share shall not exceed 60 percent.
(3) Non-Federal share
The non-Federal share of the cost of scholarships and student employment provided under this part shall be supplied from sources other than the Federal Government.
(c) Responsibilities of Director
The Director shall be responsible for the administration of the programs conducted pursuant to this part and shall, in consultation with the Assistant Secretary for Postsecondary Education, issue rules to implement this part.
(d) Administrative expenses
A State that receives an allotment under
(e) Special rule
A State that receives an allotment under
(f) Supplementation of funding
Funds received under this part shall only be used to supplement, and not to supplant, Federal, State, or local efforts for recruitment and education of law enforcement personnel.
(
References in Text
1 See References in Text note below.
§14114. Scholarships
(a) Period of award
Scholarships awarded under this part shall be for a period of 1 academic year.
(b) Use of scholarships
Each individual awarded a scholarship under this part may use the scholarship for educational expenses at an institution of higher education.
(
§14115. Eligibility
(a) Scholarships
A person shall be eligible to receive a scholarship under this part if the person has been employed in law enforcement for the 2-year period immediately preceding the date on which assistance is sought.
(b) Ineligibility for student employment
A person who has been employed as a law enforcement officer is ineligible to participate in a student employment program carried out under this part.
(
§14116. State application
(a) In general
Each State desiring an allotment under
(b) Contents
An application under subsection (a) shall—
(1) describe the scholarship program and the student employment program for which assistance under this part is sought;
(2) contain assurances that the lead agency will work in cooperation with the local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out this part;
(3) contain assurances that the State will advertise the scholarship assistance and student employment it will provide under this part and that the State will use such programs to enhance recruitment efforts;
(4) contain assurances that the State will screen and select law enforcement personnel for participation in the scholarship program under this part;
(5) contain assurances that under such student employment program the State will screen and select, for participation in such program, students who have an interest in undertaking a career in law enforcement;
(6) contain assurances that under such scholarship program the State will make scholarship payments to institutions of higher education on behalf of persons who receive scholarships under this part;
(7) with respect to such student employment program, identify—
(A) the employment tasks that students will be assigned to perform;
(B) the compensation that students will be paid to perform such tasks; and
(C) the training that students will receive as part of their participation in the program;
(8) identify model curriculum and existing programs designed to meet the educational and professional needs of law enforcement personnel; and
(9) contain assurances that the State will promote cooperative agreements with educational and law enforcement agencies to enhance law enforcement personnel recruitment efforts in institutions of higher education.
(
§14117. Local application
(a) In general
A person who desires a scholarship or employment under this part shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require.
(b) Contents
An application under subsection (a) shall describe—
(1) the academic courses for which a scholarship is sought; or
(2) the location and duration of employment that is sought.
(c) Priority
In awarding scholarships and providing student employment under this part, each State shall give priority to applications from persons who are—
(1) members of racial, ethnic, or gender groups whose representation in the law enforcement agencies within the State is substantially less than in the population eligible for employment in law enforcement in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher Education Act of 1965 [
(
References in Text
The Higher Education Act of 1965, referred to in subsec. (c)(3), is
§14118. Scholarship agreement
(a) In general
A person who receives a scholarship under this part shall enter into an agreement with the Director.
(b) Contents
An agreement described in subsection (a) shall—
(1) provide assurances that the scholarship recipient will work in a law enforcement position in the State that awarded the scholarship in accordance with the service obligation described in subsection (c) after completion of the scholarship recipient's academic courses leading to an associate, bachelor, or graduate degree;
(2) provide assurances that the scholarship recipient will repay the entire scholarship in accordance with such terms and conditions as the Director shall prescribe if the requirements of the agreement are not complied with, unless the scholarship recipient—
(A) dies;
(B) becomes physically or emotionally disabled, as established by the sworn affidavit of a qualified physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the scholarship recipient may seek employment in the field of law enforcement in a State other than the State that awarded the scholarship.
(c) Service obligation
(1) In general
Except as provided in paragraph (2), a person who receives a scholarship under this part shall work in a law enforcement position in the State that awarded the scholarship for a period of 1 month for each credit hour for which funds are received under the scholarship.
(2) Special rule
For purposes of satisfying the requirement of paragraph (1), a scholarship recipient shall work in a law enforcement position in the State that awarded the scholarship for not less than 6 months but shall not be required to work in such a position for more than 2 years.
(
§14119. Authorization of appropriations
(a) General authorization of appropriations
There are authorized to be appropriated to carry out this part—
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 for fiscal year 2000.
(b) Uses of funds
Of the funds appropriated under subsection (a) for a fiscal year—
(1) 80 percent shall be available to provide scholarships described in
(2) 20 percent shall be available to provide employment described in
(
SUBCHAPTER IX—STATE AND LOCAL LAW ENFORCEMENT
Ex. Ord. No. 13684. Establishment of the President's Task Force on 21st Century Policing
Ex. Ord. No. 13684, Dec. 18, 2014, 79 F.R. 76865, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to identify the best means to provide an effective partnership between law enforcement and local communities that reduces crime and increases trust, it is hereby ordered as follows:
(b) The President shall designate two members of the Task Force to serve as Co-Chairs.
(b) The Task Force shall be solely advisory and shall submit a report to the President by March 2, 2015.
(b) The Director of the Office of Community Oriented Policing Services shall serve as Executive Director of the Task Force and shall, as directed by the Co-Chairs, convene regular meetings of the Task Force and supervise its work.
(c) In carrying out its mission, the Task Force shall be informed by, and shall strive to avoid duplicating, the efforts of other governmental entities.
(d) The Department of Justice shall provide administrative services, funds, facilities, staff, equipment, and other support services as may be necessary for the Task Force to carry out its mission to the extent permitted by law and subject to the availability of appropriations.
(e) Members of the Task Force shall serve without any additional compensation for their work on the Task Force, but shall be allowed travel expenses, including per diem, to the extent permitted by law for persons serving intermittently in the Government service (
(i) the authority granted by law to a department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable 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.
(c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act") may apply to the Task Force, any functions of the President under the Act, except for those in section 6 of the Act, shall be performed by the Attorney General.
Barack Obama.
Part A—DNA Identification
§14131. Quality assurance and proficiency testing standards
(a) Publication of quality assurance and proficiency testing standards
(1)(A) Not later than 180 days after September 13, 1994, the Director of the Federal Bureau of Investigation shall appoint an advisory board on DNA quality assurance methods from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials.
(B) The advisory board shall include as members scientists from State, local, and private forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology.
(C) The advisory board shall develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after taking into consideration such recommended standards, shall issue (and revise from time to time) standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories. The standards shall also include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made recommendations to the Director of the Federal Bureau of Investigation and the Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this section.
(b) Administration of advisory board
(1) For administrative purposes, the advisory board appointed under subsection (a) shall be considered an advisory board to the Director of the Federal Bureau of Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the advisory board appointed under subsection (a).
(3) The DNA advisory board established under this section shall be separate and distinct from any other advisory board administered by the FBI, and is to be administered separately.
(4) The board shall cease to exist on the date 5 years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the Federal Bureau of Investigation.
(c) Proficiency testing program
(1) Not later than 1 year after the effective date of this Act,1 the Director of the National Institute of Justice shall certify to the Committees on the Judiciary of the House and Senate that—
(A) the Institute has entered into a contract with, or made a grant to, an appropriate entity for establishing, or has taken other appropriate action to ensure that there is established, not later than 2 years after September 13, 1994, a blind external proficiency testing program for DNA analyses, which shall be available to public and private laboratories performing forensic DNA analyses;
(B) a blind external proficiency testing program for DNA analyses is already readily available to public and private laboratories performing forensic DNA analyses; or
(C) it is not feasible to have blind external testing for DNA forensic analyses.
(2) As used in this subsection, the term "blind external proficiency test" means a test that is presented to a forensic laboratory through a second agency and appears to the analysts to involve routine evidence.
(3) Notwithstanding any other provision of law, the Attorney General shall make available to the Director of the National Institute of Justice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds available under part X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 [
(
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (b)(2), is section 14 of
The effective date of this Act, referred to in subsec. (c)(1), probably means the date of enactment of
This subtitle, referred to in subsec. (c)(3), is subtitle C (§§210301–210306) of title XXI of
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(3), is
1 See References in Text note below.
§14132. Index to facilitate law enforcement exchange of DNA identification information
(a) Establishment of index
The Director of the Federal Bureau of Investigation may establish an index of—
(1) DNA identification records of—
(A) persons convicted of crimes;
(B) persons who have been charged in an indictment or information with a crime; and
(C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index System;
(2) analyses of DNA samples recovered from crime scenes;
(3) analyses of DNA samples recovered from unidentified human remains; and
(4) analyses of DNA samples voluntarily contributed from relatives of missing persons.
(b) Information
The index described in subsection (a) shall include only information on DNA identification records and DNA analyses that are—
(1) based on analyses performed by or on behalf of a criminal justice agency (or the Secretary of Defense in accordance with
(2) prepared by laboratories that—
(A) not later than 2 years after October 30, 2004, have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and
(B) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and
(3) maintained by Federal, State, and local criminal justice agencies (or the Secretary of Defense in accordance with
(A) to criminal justice agencies for law enforcement identification purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or
(D) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.
(c) Failure to comply
Access to the index established by this section is subject to cancellation if the quality control and privacy requirements described in subsection (b) are not met.
(d) Expungement of records
(1) By Director
(A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index—
(i) on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense (as determined under
(ii) on the basis of an arrest under the authority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.
(B) For purposes of subparagraph (A), the term "qualifying offense" means any of the following offenses:
(i) A qualifying Federal offense, as determined under
(ii) A qualifying District of Columbia offense, as determined under
(iii) A qualifying military offense, as determined under
(C) For purposes of subparagraph (A), a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(2) By States
(A) As a condition of access to the index described in subsection (a), a State shall promptly expunge from that index the DNA analysis of a person included in the index by that State if—
(i) the responsible agency or official of that State receives, for each conviction of the person of an offense on the basis of which that analysis was or could have been included in the index, a certified copy of a final court order establishing that such conviction has been overturned; or
(ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.
(B) For purposes of subparagraph (A), a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(
Amendments
2006—Subsec. (a)(1)(C).
Subsec. (d)(1)(A).
Subsec. (d)(2)(A)(ii).
Subsec. (e).
2004—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (d)(2)(A).
Subsec. (e).
2000—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (d).
1999—Subsec. (a)(4).
§14133. Federal Bureau of Investigation
(a) Proficiency testing requirements
(1) Generally
(A) Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under
(B) Within 1 year after September 13, 1994, the Director of the Federal Bureau of Investigation shall arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the Federal Bureau of Investigation laboratory.
(C) In this paragraph, "blind external test" means a test that is presented to the laboratory through a second agency and appears to the analysts to involve routine evidence.
(2) Report
For 5 years after September 13, 1994, the Director of the Federal Bureau of Investigation shall submit to the Committees on the Judiciary of the House and Senate an annual report on the results of each of the tests described in paragraph (1).
(b) Privacy protection standards
(1) Generally
Except as provided in paragraph (2), the results of DNA tests performed for a Federal law enforcement agency for law enforcement purposes may be disclosed only—
(A) to criminal justice agencies for law enforcement identification purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to applicable statues 1 or rules; and
(C) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged.
(2) Exception
If personally identifiable information is removed, test results may be disclosed for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.
(c) Criminal penalty
(1) A person who—
(A) by virtue of employment or official position, has possession of, or access to, individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency; and
(B) knowingly discloses such information in any manner to any person or agency not authorized to receive it,
shall be fined not more than $100,000.
(2) A person who, without authorization, knowingly obtains DNA samples or individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.
(
Amendments
2004—Subsec. (c)(2).
2000—Subsec. (a)(1)(A).
1 So in original. Probably should be "statutes".
§14134. Authorization of appropriations
There are authorized to be appropriated to the Federal Bureau of Investigation to carry out
(1) $5,500,000 for fiscal year 1996;
(2) $8,000,000 for fiscal year 1997;
(3) $8,000,000 for fiscal year 1998;
(4) $2,500,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
(
§14135. The Debbie Smith DNA Backlog Grant Program
(a) Authorization of grants
The Attorney General may make grants to eligible States or units of local government for use by the State or unit of local government for the following purposes:
(1) To carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples collected under applicable legal authority.
(2) To carry out, for inclusion in such Combined DNA Index System, DNA analyses of samples from crime scenes, including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect.
(3) To increase the capacity of laboratories owned by the State or by units of local government to carry out DNA analyses of samples specified in paragraph (1) or (2).
(4) To collect DNA samples specified in paragraph (1).
(5) To ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner.
(6) To implement a DNA arrestee collection process consistent with
(7) To conduct an audit consistent with subsection (n) of the samples of sexual assault evidence that are in the possession of the State or unit of local government and are awaiting testing.
(8) To ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes, including sexual assault and other violent crimes against persons, is carried out in an appropriate and timely manner and in accordance with the protocols and practices developed under subsection (o)(1).
(b) Eligibility
For a State or unit of local government to be eligible to receive a grant under this section, the chief executive officer of the State or unit of local government shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall, as required by the Attorney General—
(1) provide assurances that the State or unit of local government has implemented, or will implement not later than 120 days after the date of such application, a comprehensive plan for the expeditious DNA analysis of samples in accordance with this section;
(2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in
(3) include a certification that the State or unit of local government has determined, by statute, rule, or regulation, those offenses under State law that shall be treated for purposes of this section as qualifying State offenses;
(4) specify the allocation that the State or unit of local government shall make, in using grant amounts to carry out DNA analyses of samples, as between samples specified in subsection (a)(1) and samples specified in subsection (a)(2);
(5) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(3);
(6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System; and
(7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4).
(c) Formula for distribution of grants
(1) In general
The Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that—
(A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and
(B) allocates grants among eligible entities fairly and efficiently to address jurisdictions in which significant backlogs exist, by considering—
(i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction;
(ii) the population in the jurisdiction; and
(iii) the number of part 1 violent crimes in the jurisdiction.
(2) Minimum amount
The Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation.
(3) Limitation
Grant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection (a)(2) in accordance with the following limitations:
(A) For fiscal year 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).
(B) For each of the fiscal years 2014 through 2019, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).
(C) For each of fiscal years 2014 through 2019, not less than 75 percent of the total grant amounts shall be awarded for a combination of purposes under paragraphs (1), (2), and (3) of subsection (a).
(4) Allocation of grant awards for audits
For each of fiscal years 2014 through 2017, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(7), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3).
(d) Analysis of samples
(1) In general
A plan pursuant to subsection (b)(1) shall require that, except as provided in paragraph (3), each DNA analysis be carried out in a laboratory that satisfies quality assurance standards and is—
(A) operated by the State or a unit of local government; or
(B) operated by a private entity pursuant to a contract with the State or a unit of local government.
(2) Quality assurance standards
(A) The Director of the Federal Bureau of Investigation shall maintain and make available to States and units of local government a description of quality assurance protocols and practices that the Director considers adequate to assure the quality of a forensic laboratory.
(B) For purposes of this section, a laboratory satisfies quality assurance standards if the laboratory satisfies the quality control requirements described in paragraphs (1) and (2) of
(3) Use of vouchers or contracts for certain purposes
(A) In general
A grant for the purposes specified in paragraph (1), (2), or (5) of subsection (a) may be made in the form of a voucher or contract for laboratory services, even if the laboratory makes a reasonable profit for the services.
(B) Redemption
A voucher or contract under subparagraph (A) may be redeemed at a laboratory operated on a nonprofit or for-profit basis, by a private entity that satisfies quality assurance standards and has been approved by the Attorney General.
(C) Payments
The Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B).
(e) Restrictions on use of funds
(1) Nonsupplanting
Funds made available pursuant to this section shall not be used to supplant State or local government funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State or local government sources for the purposes of this Act.
(2) Administrative costs
A State or unit of local government may not use more than 3 percent of the funds it receives from this section for administrative expenses.
(f) Reports to the Attorney General
Each State or unit of local government which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains—
(1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and
(2) such other information as the Attorney General may require.
(g) Reports to Congress
Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes—
(1) the aggregate amount of grants made under this section to each State or unit of local government for such fiscal year;
(2) a summary of the information provided by States or units of local government receiving grants under this section; and
(3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety.
(h) Expenditure records
(1) In general
Each State or unit of local government which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section.
(2) Access
Each State or unit of local government which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant.
(i) Definition
For purposes of this section, the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(j) Authorization of appropriations
There are authorized to be appropriated to the Attorney General for grants under subsection (a) $151,000,000 for each of fiscal years 2015 through 2019.
(k) Use of funds for accreditation and audits
The Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)—
(1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation;
(2) in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community—
(A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards;
(B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and
(C) to support future capacity building efforts; and
(3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System.
(l) Use of funds for other forensic sciences
The Attorney General may award a grant under this section to a State or unit of local government to alleviate a backlog of cases with respect to a forensic science other than DNA analysis if the State or unit of local government—
(1) certifies to the Attorney General that in such State or unit—
(A) all of the purposes set forth in subsection (a) have been met;
(B) a significant backlog of casework is not waiting for DNA analysis; and
(C) there is no need for significant laboratory equipment, supplies, or additional personnel for timely DNA processing of casework or offender samples; and
(2) demonstrates to the Attorney General that such State or unit requires assistance in alleviating a backlog of cases involving a forensic science other than DNA analysis.
(m) External audits and remedial efforts
In the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable.
(n) Use of funds for auditing sexual assault evidence backlogs
(1) Eligibility
The Attorney General may award a grant under this section to a State or unit of local government for the purpose described in subsection (a)(7) only if the State or unit of local government—
(A) submits a plan for performing the audit of samples described in such subsection; and
(B) includes in such plan a good-faith estimate of the number of such samples.
(2) Grant conditions
A State or unit of local government receiving a grant for the purpose described in subsection (a)(7)—
(A) may not enter into any contract or agreement with any non-governmental vendor laboratory to conduct an audit described in subsection (a)(7); and
(B) shall—
(i) not later than 1 year after receiving the grant, complete the audit referred to in paragraph (1)(A) in accordance with the plan submitted under such paragraph;
(ii) not later than 60 days after receiving possession of a sample of sexual assault evidence that was not in the possession of the State or unit of local government at the time of the initiation of an audit under paragraph (1)(A), subject to paragraph (4)(F), include in any required reports under clause (v), the information listed under paragraph (4)(B);
(iii) for each sample of sexual assault evidence that is identified as awaiting testing as part of the audit referred to in paragraph (1)(A)—
(I) assign a unique numeric or alphanumeric identifier to each sample of sexual assault evidence that is in the possession of the State or unit of local government and is awaiting testing; and
(II) identify the date or dates after which the State or unit of local government would be barred by any applicable statutes of limitations from prosecuting a perpetrator of the sexual assault to which the sample relates;
(iv) provide that—
(I) the chief law enforcement officer of the State or unit of local government, respectively, is the individual responsible for the compliance of the State or unit of local government, respectively, with the reporting requirements described in clause (v); or
(II) the designee of such officer may fulfill the responsibility described in subclause (I) so long as such designee is an employee of the State or unit of local government, respectively, and is not an employee of any governmental laboratory or non-governmental vendor laboratory; and
(v) comply with all grantee reporting requirements described in paragraph (4).
(3) Extension of initial deadline
The Attorney General may grant an extension of the deadline under paragraph (2)(B)(i) to a State or unit of local government that demonstrates that more time is required for compliance with such paragraph.
(4) Sexual assault forensic evidence reports
(A) In general
For not less than 12 months after the completion of an initial count of sexual assault evidence that is awaiting testing during an audit referred to in paragraph (1)(A), a State or unit of local government that receives a grant award under subsection (a)(7) shall, not less than every 60 days, submit a report to the Department of Justice, on a form prescribed by the Attorney General, which shall contain the information required under subparagraph (B).
(B) Contents of reports
A report under this paragraph shall contain the following information:
(i) The name of the State or unit of local government filing the report.
(ii) The period of dates covered by the report.
(iii) The cumulative total number of samples of sexual assault evidence that, at the end of the reporting period—
(I) are in the possession of the State or unit of local government at the reporting period;
(II) are awaiting testing; and
(III) the State or unit of local government has determined should undergo DNA or other appropriate forensic analyses.
(iv) The cumulative total number of samples of sexual assault evidence in the possession of the State or unit of local government that, at the end of the reporting period, the State or unit of local government has determined should not undergo DNA or other appropriate forensic analyses, provided that the reporting form shall allow for the State or unit of local government, at its sole discretion, to explain the reasoning for this determination in some or all cases.
(v) The cumulative total number of samples of sexual assault evidence in a total under clause (iii) that have been submitted to a laboratory for DNA or other appropriate forensic analyses.
(vi) The cumulative total number of samples of sexual assault evidence identified by an audit referred to in paragraph (1)(A) or under paragraph (2)(B)(ii) for which DNA or other appropriate forensic analysis has been completed at the end of the reporting period.
(vii) The total number of samples of sexual assault evidence identified by the State or unit of local government under paragraph (2)(B)(ii), since the previous reporting period.
(viii) The cumulative total number of samples of sexual assault evidence described under clause (iii) for which the State or unit of local government will be barred within 12 months by any applicable statute of limitations from prosecuting a perpetrator of the sexual assault to which the sample relates.
(C) Publication of reports
Not later than 7 days after the submission of a report under this paragraph by a State or unit of local government, the Attorney General shall, subject to subparagraph (D), publish and disseminate a facsimile of the full contents of such report on an appropriate internet website.
(D) Personally identifiable information
The Attorney General shall ensure that any information published and disseminated as part of a report under this paragraph, which reports information under this subsection, does not include personally identifiable information or details about a sexual assault that might lead to the identification of the individuals involved.
(E) Optional reporting
The Attorney General shall—
(i) at the discretion of a State or unit of local government required to file a report under subparagraph (A), allow such State or unit of local government, at their sole discretion, to submit such reports on a more frequent basis; and
(ii) make available to all States and units of local government the reporting form created pursuant to subparagraph (A), whether or not they are required to submit such reports, and allow such States or units of local government, at their sole discretion, to submit such reports for publication.
(F) Samples exempt from reporting requirement
The reporting requirements described in paragraph (2) shall not apply to a sample of sexual assault evidence that—
(i) is not considered criminal evidence (such as a sample collected anonymously from a victim who is unwilling to make a criminal complaint); or
(ii) relates to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations.
(5) Definitions
In this subsection:
(A) Awaiting testing
The term "awaiting testing" means, with respect to a sample of sexual assault evidence, that—
(i) the sample has been collected and is in the possession of a State or unit of local government;
(ii) DNA and other appropriate forensic analyses have not been performed on such sample; and
(iii) the sample is related to a criminal case or investigation in which final disposition has not yet been reached.
(B) Final disposition
The term "final disposition" means, with respect to a criminal case or investigation to which a sample of sexual assault evidence relates—
(i) the conviction or acquittal of all suspected perpetrators of the crime involved;
(ii) a determination by the State or unit of local government in possession of the sample that the case is unfounded; or
(iii) a declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed.
(C) Possession
(i) In general
The term "possession", used with respect to possession of a sample of sexual assault evidence by a State or unit of local government, includes possession by an individual who is acting as an agent of the State or unit of local government for the collection of the sample.
(ii) Rule of construction
Nothing in clause (i) shall be construed to create or amend any Federal rights or privileges for non-governmental vendor laboratories described in regulations promulgated under
(o) Establishment of protocols, technical assistance, and definitions
(1) Protocols and practices
Not later than 18 months after March 7, 2013, the Director, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall develop and publish a description of protocols and practices the Director considers appropriate for the accurate, timely, and effective collection and processing of DNA evidence, including protocols and practices specific to sexual assault cases, which shall address appropriate steps in the investigation of cases that might involve DNA evidence, including—
(A) how to determine—
(i) which evidence is to be collected by law enforcement personnel and forwarded for testing;
(ii) the preferred order in which evidence from the same case is to be tested; and
(iii) what information to take into account when establishing the order in which evidence from different cases is to be tested;
(B) the establishment of a reasonable period of time in which evidence is to be forwarded by emergency response providers, law enforcement personnel, and prosecutors to a laboratory for testing;
(C) the establishment of reasonable periods of time in which each stage of analytical laboratory testing is to be completed;
(D) systems to encourage communication within a State or unit of local government among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested; and
(E) standards for conducting the audit of the backlog for DNA case work in sexual assault cases required under subsection (n).
(2) Technical assistance and training
The Director shall make available technical assistance and training to support States and units of local government in adopting and implementing the protocols and practices developed under paragraph (1) on and after the date on which the protocols and practices are published.
(3) Definitions
In this subsection, the terms "awaiting testing" and "possession" have the meanings given those terms in subsection (n).
(
Amendment of Section
For termination of amendment by section 1006 of
References in Text
This Act, referred to in subsecs. (e)(1), (k)(2)(B), and (m), is
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2014—Subsec. (c)(3)(B).
Subsec. (c)(3)(C).
Subsec. (j).
2013—Subsec. (a)(6).
Subsec. (a)(7), (8).
Subsec. (c)(3)(B).
Subsec. (c)(3)(C).
Subsec. (c)(4).
Subsec. (n).
Subsec. (o).
2008—Subsec. (c)(3).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B) to (D).
"(B) For fiscal year 2006, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2) of this section.
"(C) For fiscal year 2007, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2) of this section.
"(D) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2) of this section."
Subsec. (j).
2006—Subsec. (a)(1).
2004—
Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4), (5).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsec. (d)(3).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (h).
Subsec. (j)(1) to (5).
"(1) For grants for the purposes specified in paragraph (1) of such subsection—
"(A) $15,000,000 for fiscal year 2001;
"(B) $15,000,000 for fiscal year 2002; and
"(C) $15,000,000 for fiscal year 2003.
"(2) For grants for the purposes specified in paragraphs (2) and (3) of such subsection—
"(A) $25,000,000 for fiscal year 2001;
"(B) $50,000,000 for fiscal year 2002;
"(C) $25,000,000 for fiscal year 2003; and
"(D) $25,000,000 for fiscal year 2004."
Subsec. (k) to (m).
Termination Date of 2013 Amendment
Reports to Congress
"(1) lists the States and units of local government that have been awarded such grants and the amount of the grant received by each such State or unit of local government;
"(2) states the number of extensions granted by the Attorney General under section 2(n)(3) of the DNA Analysis Backlog Elimination Act of 2000 [
"(3) summarizes the processing status of the samples of sexual assault evidence identified in Sexual Assault Forensic Evidence Reports established under section 2(n)(4) of the DNA Analysis Backlog Elimination Act of 2000 [
Oversight and Accountability
"(1)
"(2)
"(3)
"(4)
"(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
"(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
"(5)
"(6)
"(A)
"(B)
"(C)
"(7)
"(8)
"(A)
"(B)
"(C)
"(9)
"(A)
"(i) lobby any representative of the Department of Justice regarding the award of grant funding; or
"(ii) lobby any representative of a Federal, state, local, or tribal government regarding the award of grant funding.
"(B)
"(i) require the grant recipient to repay the grant in full; and
"(ii) prohibit the grant recipient from receiving another grant under this title for not less than 5 years."
Sense of Congress Regarding the Obligation of Grantee States to Ensure Access to Post-Conviction DNA Testing and Competent Counsel in Capital Cases
"(a)
"(1) over the past decade, deoxyribonucleic acid testing (referred to in this section as 'DNA testing') has emerged as the most reliable forensic technique for identifying criminals when biological material is left at a crime scene;
"(2) because of its scientific precision, DNA testing can, in some cases, conclusively establish the guilt or innocence of a criminal defendant;
"(3) in other cases, DNA testing may not conclusively establish guilt or innocence, but may have significant probative value to a finder of fact;
"(4) DNA testing was not widely available in cases tried prior to 1994;
"(5) new forensic DNA testing procedures have made it possible to get results from minute samples that could not previously be tested, and to obtain more informative and accurate results than earlier forms of forensic DNA testing could produce, resulting in some cases of convicted inmates being exonerated by new DNA tests after earlier tests had failed to produce definitive results;
"(6) DNA testing can and has resulted in the post-conviction exoneration of more than 75 innocent men and women, including some under sentence of death;
"(7) in more than a dozen cases, post-conviction DNA testing that has exonerated an innocent person has also enhanced public safety by providing evidence that led to the apprehension of the actual perpetrator;
"(8) experience has shown that it is not unduly burdensome to make DNA testing available to inmates in appropriate cases;
"(9) under current Federal and State law, it is difficult to obtain post-conviction DNA testing because of time limits on introducing newly discovered evidence;
"(10) the National Commission on the Future of DNA Evidence, a Federal panel established by the Department of Justice and comprised of law enforcement, judicial, and scientific experts, has urged that post-conviction DNA testing be permitted in the relatively small number of cases in which it is appropriate, notwithstanding procedural rules that could be invoked to preclude such testing, and notwithstanding the inability of an inmate to pay for the testing;
"(11) only a few States have adopted post-conviction DNA testing procedures;
"(12) States have received millions of dollars in DNA-related grants, and more funding is needed to improve State forensic facilities and to reduce the nationwide backlog of DNA samples from convicted offenders and crime scenes that need to be tested or retested using upgraded methods;
"(13) States that accept such financial assistance should not deny the promise of truth and justice for both sides of our adversarial system that DNA testing offers;
"(14) post-conviction DNA testing and other post-conviction investigative techniques have shown that innocent people have been sentenced to death in this country;
"(15) a constitutional error in capital cases is incompetent defense lawyers who fail to present important evidence that the defendant may have been innocent or does not deserve to be sentenced to death; and
"(16) providing quality representation to defendants facing loss of liberty or life is essential to fundamental due process and the speedy final resolution of judicial proceedings.
"(b)
"(1) Congress should condition forensic science-related grants to a State or State forensic facility on the State's agreement to ensure post-conviction DNA testing in appropriate cases; and
"(2) Congress should work with the States to improve the quality of legal representation in capital cases through the establishment of standards that will assure the timely appointment of competent counsel with adequate resources to represent defendants in capital cases at each stage of the proceedings."
§14135a. Collection and use of DNA identification information from certain Federal offenders
(a) Collection of DNA samples
(1) From individuals in custody
(A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in
(B) The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under
(2) From individuals on release, parole, or probation
The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under
(3) Individuals already in CODIS
For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as "CODIS") of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, or if a DNA sample has been collected from that individual under
(4) Collection procedures
(A) The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample.
(B) The Attorney General, the Director of the Bureau of Prisons, or the probation office, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).
(5) Criminal penalty
An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be—
(A) guilty of a class A misdemeanor; and
(B) punished in accordance with title 18.
(b) Analysis and use of samples
The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS.
(c) Definitions
In this section:
(1) The term "DNA sample" means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
(2) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.
(d) Qualifying Federal offenses
The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General:
(1) Any felony.
(2) Any offense under
(3) Any crime of violence (as that term is defined in
(4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).
(e) Regulations
(1) In general
Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General.
(2) Probation officers
The Director of the Administrative Office of the United States Courts shall make available model procedures for the activities of probation officers in carrying out this section.
(f) Commencement of collection
Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2006—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(3), (4).
Subsec. (b).
2004—Subsec. (d).
2001—Subsec. (d)(2).
§14135b. Collection and use of DNA identification information from certain District of Columbia offenders
(a) Collection of DNA samples
(1) From individuals in custody
The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
(2) From individuals on release, parole, or probation
The Director of the Court Services and Offender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
(3) Individuals already in CODIS
For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as "CODIS") of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, the Director of the Bureau of Prisons or Agency (as applicable) may (but need not) collect a DNA sample from that individual.
(4) Collection procedures
(A) The Director of the Bureau of Prisons or Agency (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample.
(B) The Director of the Bureau of Prisons or Agency, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).
(5) Criminal penalty
An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be—
(A) guilty of a class A misdemeanor; and
(B) punished in accordance with title 18.
(b) Analysis and use of samples
The Director of the Bureau of Prisons or Agency (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS.
(c) Definitions
In this section:
(1) The term "DNA sample" means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
(2) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.
(d) Qualifying District of Columbia offenses
The government of the District of Columbia may determine those offenses under the District of Columbia Code that shall be treated for purposes of this section as qualifying District of Columbia offenses.
(e) Commencement of collection
Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.
(f) Authorization of appropriations
There are authorized to be appropriated to the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section such sums as may be necessary for each of fiscal years 2001 through 2005.
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14135c. Conditions of release generally
If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14135d. Authorization of appropriations
There are authorized to be appropriated to the Attorney General to carry out this Act (including to reimburse the Federal judiciary for any reasonable costs incurred in implementing such Act, as determined by the Attorney General) such sums as may be necessary.
(
References in Text
This Act, referred to in text, is
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14135e. Privacy protection standards
(a) In general
Except as provided in subsection (b), any sample collected under, or any result of any analysis carried out under,
(b) Permissive uses
A sample or result described in subsection (a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of
(c) Criminal penalty
A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2004—Subsec. (c).
"(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or
"(2) obtains, without authorization, a sample or result described in subsection (a) of this section,
shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both."
§14136. DNA training and education for law enforcement, correctional personnel, and court officers
(a) In general
The Attorney General shall make grants to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by—
(1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime;
(2) court officers, including State and local prosecutors, defense lawyers, and judges;
(3) forensic science professionals; and
(4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision.
(b) Authorization of appropriations
There are authorized to be appropriated $12,500,000 for each of fiscal years 2015 through 2019 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2014—Subsec. (b).
2008—Subsec. (b).
Incentive Grants to States To Ensure Consideration of Claims of Actual Innocence
"(1) meet the requirements under section 303, 305, 308, or 412, as appropriate; and
"(2) for eligible entities that are a State or unit of local government, provide a certification by the chief legal officer of the State in which the eligible entity operates or the chief legal officer of the jurisdiction in which the funds will be used for the purposes of the grants, that the State or jurisdiction—
"(A) provides DNA testing of specified evidence under a State statute or a State or local rule or regulation to persons sentenced to imprisonment or death for a State felony offense, in a manner intended to ensure a reasonable process for resolving claims of actual innocence that ensures post-conviction DNA testing in at least those cases that would be covered by
"(B) preserves biological evidence, as defined in
§14136a. Sexual assault forensic exam program grants
(a) In general
The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team).
(b) Eligible entity
For purposes of this section, the term "eligible entity" includes—
(1) States;
(2) units of local government; and
(3) sexual assault examination programs, including—
(A) sexual assault nurse examiner (SANE) programs;
(B) sexual assault forensic examiner (SAFE) programs;
(C) sexual assault response team (SART) programs;
(D) State sexual assault coalitions;
(E) medical personnel, including doctors, medical examiners, coroners, and nurses, involved in treating victims of sexual assault; and
(F) victim service providers involved in treating victims of sexual assault.
(c) Preference
(1) In general
In reviewing applications submitted in accordance with a program authorized, in whole or in part, by this section, the Attorney General shall give preference to any eligible entity that certifies that the entity will use the grant funds to—
(A) improve forensic nurse examiner programs in a rural area or for an underserved population, as those terms are defined in section 13925 1 of this title;
(B) engage in activities that will assist in the employment of full-time forensic nurse examiners to conduct activities under subsection (a); or
(C) sustain or establish a training program for forensic nurse examiners.
(2) Directive to the Attorney General
Not later than the beginning of fiscal year 2018, the Attorney General shall coordinate with the Secretary of Health and Human Services to inform Federally Qualified Health Centers, Community Health Centers, hospitals, colleges and universities, and other appropriate health-related entities about the role of forensic nurses and existing resources available within the Department of Justice and the Department of Health and Human Services to train or employ forensic nurses to address the needs of communities dealing with sexual assault, domestic violence, and elder abuse. The Attorney General shall collaborate on this effort with nongovernmental organizations representing forensic nurses.
(d) Authorization of appropriations
There are authorized to be appropriated $30,000,000 for each of fiscal years 2015 through 2019 to carry out this section.
(
References in Text
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsecs. (c), (d).
2014—Subsec. (c).
2008—Subsec. (c).
1 See References in Text note below.
§14136b. DNA research and development
(a) Improving DNA technology
The Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.
(b) Demonstration projects
The Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.
(c) Authorization of appropriations
There are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (c).
§14136c. National Forensic Science Commission
(a) Appointment
The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the "Commission"), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b).
(b) Responsibilities
The Commission shall—
(1) assess the present and future resource needs of the forensic science community;
(2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;
(3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;
(4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;
(5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;
(6) examine additional issues pertaining to forensic science as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;
(8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure—
(A) the appropriate use and dissemination of DNA information;
(B) the accuracy, security, and confidentiality of DNA information;
(C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and
(D) that any other necessary measures are taken to protect privacy; and
(9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8).
(c) Personnel; procedures
The Attorney General shall—
(1) designate the Chair of the Commission from among its members;
(2) designate any necessary staff to assist in carrying out the functions of the Commission; and
(3) establish procedures and guidelines for the operations of the Commission.
(d) Authorization of appropriations
There are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14136d. DNA identification of missing persons
(a) In general
The Attorney General shall make grants to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.
(b) Requirement
Each State or unit of local government that receives funding under this section shall be required to submit the DNA profiles of such missing persons and unidentified human remains to the National Missing Persons DNA Database of the Federal Bureau of Investigation.
(c) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (c).
§14136e. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program
(a) In general
The Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.
(b) Authorization of appropriations
There are authorized to be appropriated $10,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(c) State defined
For purposes of this section, the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (b).
§14136f. Establishment of best practices for evidence retention
(a) In general
The Director of the National Institute of Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall—
(1) establish best practices for evidence retention to focus on the preservation of forensic evidence; and
(2) assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1).
(b) Deadline
Not later than 1 year after December 16, 2016, the Director of the National Institute of Justice shall publish the best practices established under subsection (a)(1).
(c) Limitation
Nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection (a)(1).
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137. Definitions
For purposes of
(1) DNA arrestee collection process
The term "DNA arrestee collection process" means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in
(A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.
(2) State
The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(
References in Text
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137a. Grants to States to implement DNA arrestee collection processes
(a) In general
The Attorney General shall, subject to amounts made available pursuant to
(b) Applications
(1) In general
To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has statutory authorization for the implementation of a DNA arrestee collection process.
(2) Non-supplanting funds
An application submitted under paragraph (1) by a State shall include assurances that the amounts received under the grant under this section shall be used to supplement, not supplant, State funds that would otherwise be available for the purpose described in subsection (a).
(3) Other requirements
The Attorney General shall require a State seeking a grant under this section to document how such State will use the grant to meet expenses associated with a State's implementation or planned implementation of a DNA arrestee collection process.
(c) Grant allocation
(1) In general
The amount available to a State under this section shall be based on the projected costs that will be incurred by the State to implement a DNA arrestee collection process. Subject to paragraph (2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eligible State.
(2) Maximum grant allocation
In the case of a State seeking a grant under this section with respect to the implementation of a DNA arrestee collection process, such State shall be eligible for a grant under this section that is equal to no more than 100 percent of the first year costs to the State of implementing such process.
(d) Grant conditions
As a condition of receiving a grant under this section, a State shall have a procedure in place to—
(1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and
(3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.
(
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137b. Expungement of profiles
The expungement requirements under
(
References in Text
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137c. Offset of funds appropriated
Any funds appropriated to carry out
(
References in Text
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Part B—Police Pattern or Practice
§14141. Cause of action
(a) Unlawful conduct
It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
(b) Civil action by Attorney General
Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) 1 has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.
(
1 So in original. Probably should be "subsection (a) of this section".
§14142. Data on use of excessive force
(a) Attorney General to collect
The Attorney General shall, through appropriate means, acquire data about the use of excessive force by law enforcement officers.
(b) Limitation on use of data
Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer.
(c) Annual summary
The Attorney General shall publish an annual summary of the data acquired under this section.
(
Part C—Improved Training and Technical Automation
§14151. Repealed. Pub. L. 109–162, title XI, §1154(b)(3), Jan. 5, 2006, 119 Stat. 3113
Section,
Part D—Other State and Local Aid
§14161. Repealed. Pub. L. 109–162, title XI, §1154(b)(4), Jan. 5, 2006, 119 Stat. 3113
Section,
Part E—Improving the Quality of Representation in State Capital Cases
§14163. Capital representation improvement grants
(a) In general
The Attorney General shall award grants to States for the purpose of improving the quality of legal representation provided to indigent defendants in State capital cases.
(b) Defined term
In this section, the term "legal representation" means legal counsel and investigative, expert, and other services necessary for competent representation.
(c) Use of funds
Grants awarded under subsection (a)—
(1) shall be used to establish, implement, or improve an effective system for providing competent legal representation to—
(A) indigents charged with an offense subject to capital punishment;
(B) indigents who have been sentenced to death and who seek appellate or collateral relief in State court; and
(C) indigents who have been sentenced to death and who seek review in the Supreme Court of the United States; and
(2) shall not be used to fund, directly or indirectly, representation in specific capital cases.
(d) Apportionment of funds
(1) In general
Of the funds awarded under subsection (a)—
(A) not less than 75 percent shall be used to carry out the purpose described in subsection (c)(1)(A); and
(B) not more than 25 percent shall be used to carry out the purpose described in subsection (c)(1)(B).
(2) Waiver
The Attorney General may waive the requirement under this subsection for good cause shown.
(e) Effective system
As used in subsection (c)(1), an effective system for providing competent legal representation is a system that—
(1) invests the responsibility for appointing qualified attorneys to represent indigents in capital cases—
(A) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases;
(B) in an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals currently employed as prosecutors; or
(C) pursuant to a statutory procedure enacted before October 30, 2004, under which the trial judge is required to appoint qualified attorneys from a roster maintained by a State or regional selection committee or similar entity; and
(2) requires the program described in paragraph (1)(A), the entity described in paragraph (1)(B), or an appropriate entity designated pursuant to the statutory procedure described in paragraph (1)(C), as applicable, to—
(A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases;
(B) establish and maintain a roster of qualified attorneys;
(C) except in the case of a selection committee or similar entity described in paragraph (1)(C), assign 2 attorneys from the roster to represent an indigent in a capital case, or provide the trial judge a list of not more than 2 pairs of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects not to seek the death penalty, a court may find, subject to any requirement of State law, that a second attorney need not remain assigned to represent the indigent to ensure competent representation;
(D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases;
(E)(i) monitor the performance of attorneys who are appointed and their attendance at training programs; and
(ii) remove from the roster attorneys who—
(I) fail to deliver effective representation or engage in unethical conduct;
(II) fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs; or
(III) during the past 5 years, have been sanctioned by a bar association or court for ethical misconduct relating to the attorney's conduct as defense counsel in a criminal case in Federal or State court; and
(F) ensure funding for the cost of competent legal representation by the defense team and outside experts selected by counsel, who shall be compensated—
(i) in the case of a State that employs a statutory procedure described in paragraph (1)(C), in accordance with the requirements of that statutory procedure; and
(ii) in all other cases, as follows:
(I) Attorneys employed by a public defender program shall be compensated according to a salary scale that is commensurate with the salary scale of the prosecutor's office in the jurisdiction.
(II) Appointed attorneys shall be compensated for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light of the qualifications and experience of the attorney and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases.
(III) Non-attorney members of the defense team, including investigators, mitigation specialists, and experts, shall be compensated at a rate that reflects the specialized skills needed by those who assist counsel with the litigation of death penalty cases.
(IV) Attorney and non-attorney members of the defense team shall be reimbursed for reasonable incidental expenses.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163a. Capital prosecution improvement grants
(a) In general
The Attorney General shall award grants to States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases.
(b) Use of funds
(1) Permitted uses
Grants awarded under subsection (a) shall be used for one or more of the following:
(A) To design and implement training programs for State and local prosecutors to ensure effective representation in State capital cases.
(B) To develop and implement appropriate standards and qualifications for State and local prosecutors who litigate State capital cases.
(C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case.
(D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases.
(E) To establish a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate.
(F) To provide support and assistance to the families of murder victims.
(2) Prohibited use
Grants awarded under subsection (a) shall not be used to fund, directly or indirectly, the prosecution of specific capital cases.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163b. Applications
(a) In general
The Attorney General shall establish a process through which a State may apply for a grant under this part.
(b) Application
(1) In general
A State desiring a grant under this part shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require.
(2) Contents
Each application submitted under paragraph (1) shall contain—
(A) a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought;
(B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities;
(C) a long-term statewide strategy and detailed implementation plan that—
(i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and
(ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes;
(D) in the case of a State that employs a statutory procedure described in
(E) assurances that Federal funds received under this part shall be—
(i) used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this part; and
(ii) allocated in accordance with
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163c. State reports
(a) In general
Each State receiving funds under this part shall submit an annual report to the Attorney General that—
(1) identifies the activities carried out with such funds; and
(2) explains how each activity complies with the terms and conditions of the grant.
(b) Capital representation improvement grants
With respect to the funds provided under
(1) an accounting of all amounts expended;
(2) an explanation of the means by which the State—
(A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in a program described in
(B) requires such program, entity, or selection committee or similar entity, or other appropriate entity designated pursuant to the statutory procedure described in
(i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with
(ii) establish and maintain a roster of qualified attorneys in accordance with
(iii) assign attorneys from the roster in accordance with
(iv) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases in accordance with
(v) monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs, in accordance with
(vi) ensure funding for the cost of competent legal representation by the defense team and outside experts selected by counsel, in accordance with
(I) if the State employs a public defender program under
(II) if the State employs appointed attorneys under
(III) the amounts paid to non-attorney members of the defense team, and the basis on which such amounts were determined; and
(IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses;
(3) in the case of a State that employs a statutory procedure described in
(4) a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds.
(c) Capital prosecution improvement grants
With respect to the funds provided under
(1) an accounting of all amounts expended;
(2) a description of the means by which the State has—
(A) designed and established training programs for State and local prosecutors to ensure effective representation in State capital cases in accordance with
(B) developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with
(C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with
(D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with
(E) established a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with
(F) provided support and assistance to the families of murder victims; and
(3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds.
(d) Public disclosure of annual State reports
The annual reports to the Attorney General submitted by any State under this section shall be made available to the public.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163d. Evaluations by Inspector General and administrative remedies
(a) Evaluation by Inspector General
(1) In general
As soon as practicable after the end of the first fiscal year for which a State receives funds under a grant made under this part, the Inspector General of the Department of Justice (in this section referred to as the "Inspector General") shall—
(A) submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report evaluating the compliance by the State with the terms and conditions of the grant; and
(B) if the Inspector General concludes that the State is not in compliance with the terms and conditions of the grant, specify any deficiencies and make recommendations to the Attorney General for corrective action.
(2) Priority
In conducting evaluations under this subsection, the Inspector General shall give priority to States that the Inspector General determines, based on information submitted by the State and other comments provided by any other person, to be at the highest risk of noncompliance.
(3) Determination for statutory procedure States
For each State that employs a statutory procedure described in
(4) Comments from public
The Inspector General shall receive and consider comments from any member of the public regarding any State's compliance with the terms and conditions of a grant made under this part. To facilitate the receipt of such comments, the Inspector General shall maintain on its website a form that any member of the public may submit, either electronically or otherwise, providing comments. The Inspector General shall give appropriate consideration to all such public comments in reviewing reports submitted under
(b) Administrative review
(1) Comment
Upon the submission of a report under subsection (a)(1) or a determination under subsection (a)(3), the Attorney General shall provide the State with an opportunity to comment regarding the findings and conclusions of the report or the determination.
(2) Corrective action plan
If the Attorney General, after reviewing a report under subsection (a)(1) or a determination under subsection (a)(3), determines that a State is not in compliance with the terms and conditions of the grant, the Attorney General shall consult with the appropriate State authorities to enter into a plan for corrective action. If the State does not agree to a plan for corrective action that has been approved by the Attorney General within 90 days after the submission of the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall, within 30 days, issue guidance to the State regarding corrective action to bring the State into compliance.
(3) Report to Congress
Not later than 90 days after the earlier of the implementation of a corrective action plan or the issuance of guidance under paragraph (2), the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate as to whether the State has taken corrective action and is in compliance with the terms and conditions of the grant.
(c) Penalties for noncompliance
If the State fails to take the prescribed corrective action under subsection (b) and is not in compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under
(d) Periodic reports
During the grant period, the Inspector General shall periodically review the compliance of each State with the terms and conditions of the grant.
(e) Administrative costs
Not less than 2.5 percent of the funds appropriated to carry out this part for each of fiscal years 2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended.
(f) Special rule for "statutory procedure" States not in substantial compliance with statutory procedures
(1) In general
In the case of a State that employs a statutory procedure described in
(2) Rule of construction
The requirements of this subsection apply in addition to, and not instead of, the other requirements of this section.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163e. Authorization of appropriations
(a) Authorization for grants
There are authorized to be appropriated 1
(1) $2,500,000 for fiscal year 2017;
(2) $7,500,000 for fiscal year 2018;
(3) $12,500,000 for fiscal year 2019;
(4) $17,500,000 for fiscal year 2020; and
(5) $22,500,000 for fiscal year 2021.2
to carry out this part.
(b) Restriction on use of funds to ensure equal allocation
Each State receiving a grant under this part shall allocate the funds equally between the uses described in
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (a).
Subsec. (b).
1 So in original. Probably should be followed by a dash.
Part F—Rafael Ramos and Wenjian Liu National Blue Alert
§14165. Definitions
In this part:
(1) Coordinator
The term "Coordinator" means the Blue Alert Coordinator of the Department of Justice designated under
(2) Blue Alert
The term "Blue Alert" means information sent through the network relating to—
(A) the serious injury or death of a law enforcement officer in the line of duty;
(B) an officer who is missing in connection with the officer's official duties; or
(C) an imminent and credible threat that an individual intends to cause the serious injury or death of a law enforcement officer.
(3) Blue Alert plan
The term "Blue Alert plan" means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.
(4) Law enforcement officer
The term "law enforcement officer" shall have the same meaning as in
(5) Network
The term "network" means the Blue Alert communications network established by the Attorney General under
(6) State
The term "State" means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(
Codification
Section was enacted as part of the Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14165a. Blue Alert communications network
The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.
(
Codification
Section was enacted as part of the Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14165b. Blue Alert Coordinator; guidelines
(a) Coordination within Department of Justice
The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network.
(b) Duties of the Coordinator
The Coordinator shall—
(1) provide assistance to States and units of local government that are using Blue Alert plans;
(2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including—
(A) a list of the resources necessary to establish a Blue Alert plan;
(B) criteria for evaluating whether a situation warrants issuing a Blue Alert;
(C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;
(D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if—
(i) the law enforcement agency involved—
(I) confirms—
(aa) the death or serious injury of the law enforcement officer; or
(bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or
(II) concludes that the law enforcement officer is missing in connection with the officer's official duties;
(ii) there is an indication of serious injury to or death of the law enforcement officer;
(iii) the suspect involved has not been apprehended; and
(iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
(E) guidelines that a Blue Alert should only be issued with respect to a threat to cause death or serious injury to a law enforcement officer if—
(i) a law enforcement agency involved confirms that the threat is imminent and credible;
(ii) at the time of receipt of the threat, the suspect is wanted by a law enforcement agency;
(iii) the suspect involved has not been apprehended; and
(iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
(F) guidelines—
(i) that information should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under
(I) a law enforcement officer who is seriously injured or killed in the line of duty; or
(II) an imminent and credible threat to cause the serious injury or death of a law enforcement officer;
(ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;
(iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and
(iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and
(G) guidelines for—
(i) the issuance of Blue Alerts through the network; and
(ii) the extent of the dissemination of alerts issued through the network;
(3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating—
(A) the use of public safety communications;
(B) command center operations; and
(C) incident review, evaluation, debriefing, and public information procedures;
(4) work with States to ensure appropriate regional coordination of various elements of the network;
(5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include—
(A) to the maximum extent practicable, representation from the various geographic regions of the United States; and
(B) members who are—
(i) representatives of a law enforcement organization representing rank-and-file officers;
(ii) representatives of other law enforcement agencies and public safety communications;
(iii) broadcasters, first responders, dispatchers, and radio station personnel; and
(iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;
(6) act as the nationwide point of contact for—
(A) the development of the network; and
(B) regional coordination of Blue Alerts through the network; and
(7) determine—
(A) what procedures and practices are in use for notifying law enforcement and the public when—
(i) a law enforcement officer is killed or seriously injured in the line of duty;
(ii) a law enforcement officer is missing in connection with the officer's official duties; and
(iii) an imminent and credible threat to kill or seriously injure a law enforcement officer is received; and
(B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.
(c) Limitations
(1) Voluntary participation
The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory.
(2) Dissemination of information
The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.
(3) Privacy and civil liberties protections
The guidelines established under subsection (b) shall—
(A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and
(B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty, is missing in connection with the officer's official duties, or who are threatened with death or serious injury, and the families of the officers.
(d) Cooperation with other agencies
The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this part.
(e) Restrictions on Coordinator
The Coordinator may not—
(1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator;
(2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or
(3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds.
(f) Reports
Not later than 1 year after May 19, 2015, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
(
Codification
Section was enacted as part of the Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
SUBCHAPTER X—MOTOR VEHICLE THEFT PREVENTION
§14171. Motor vehicle theft prevention program
(a) In general
Not later than 180 days after September 13, 1994, the Attorney General shall develop, in cooperation with the States, a national voluntary motor vehicle theft prevention program (in this section referred to as the "program") under which—
(1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner—
(A) states that the vehicle is not normally operated under certain specified conditions; and
(B) agrees to—
(i) display program decals or devices on the owner's vehicle; and
(ii) permit law enforcement officials in any State to stop the motor vehicle and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner, if the vehicle is being operated under the specified conditions; and
(2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under specified conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner.
(b) Uniform decal or device designs
(1) In general
The motor vehicle theft prevention program developed pursuant to this section shall include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program.
(2) Type of design
The uniform design shall—
(A) be highly visible; and
(B) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully.
(c) Voluntary consent form
The voluntary consent form used to enroll in the program shall—
(1) clearly state that participation in the program is voluntary;
(2) clearly explain that participation in the program means that, if the participating vehicle is being operated under the specified conditions, law enforcement officials may stop the vehicle and take reasonable steps to determine whether it is being operated by or with the consent of the owner, even if the law enforcement officials have no other basis for believing that the vehicle is being operated unlawfully;
(3) include an express statement that the vehicle is not normally operated under the specified conditions and that the operation of the vehicle under those conditions would provide sufficient grounds for a prudent law enforcement officer to reasonably believe that the vehicle was not being operated by or with the consent of the owner; and
(4) include any additional information that the Attorney General may reasonably require.
(d) Specified conditions under which stops may be authorized
(1) In general
The Attorney General shall promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this section. These conditions may not be based on race, creed, color, national origin, gender, or age. These conditions may include—
(A) the operation of the vehicle during certain hours of the day; or
(B) the operation of the vehicle under other circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by the owner, or with the consent of the owner.
(2) More than one set of conditions
The Attorney General may establish more than one set of conditions under which participating motor vehicles may be stopped. If more than one set of conditions is established, a separate consent form and a separate design for program decals or devices shall be established for each set of conditions. The Attorney General may choose to satisfy the requirement of a separate design for program decals or devices under this paragraph by the use of a design color that is clearly distinguishable from other design colors.
(3) No new conditions without consent
After the program has begun, the conditions under which a vehicle may be stopped if affixed with a certain decal or device design may not be expanded without the consent of the owner.
(4) Limited participation by States and localities
A State or locality need not authorize the stopping of motor vehicles under all sets of conditions specified under the program in order to participate in the program.
(e) Motor vehicles for hire
(1) Notification to lessees
Any person who is in the business of renting or leasing motor vehicles and who rents or leases a motor vehicle on which a program decal or device is affixed shall, prior to transferring possession of the vehicle, notify the person to whom the motor vehicle is rented or leased about the program.
(2) Type of notice
The notice required by this subsection shall—
(A) be in writing;
(B) be in a prominent format to be determined by the Attorney General; and
(C) explain the possibility that if the motor vehicle is operated under the specified conditions, the vehicle may be stopped by law enforcement officials even if the officials have no other basis for believing that the vehicle is being operated unlawfully.
(3) Fine for failure to provide notice
Failure to provide proper notice under this subsection shall be punishable by a fine not to exceed $5,000.
(f) Notification of police
As a condition of participating in the program, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program, and with the conditions under which motor vehicles may be stopped under the program.
(g) Regulations
The Attorney General shall promulgate regulations to implement this section.
(h) Authorization of appropriations
There are authorized to carry out this section.1
(1) $1,500,000 for fiscal year 1996;
(2) $1,700,000 for fiscal year 1997; and
(3) $1,800,000 for fiscal year 1998.
(
Short Title
For short title of this subchapter as the "Motor Vehicle Theft Prevention Act", see section 220001 of
1 So in original. The period probably should be a dash.
SUBCHAPTER XI—PROTECTIONS FOR THE ELDERLY
§14181. Missing Alzheimer's Disease Patient Alert Program
(a) Grant
The Attorney General shall, subject to the availability of appropriations, award a grant to an eligible organization to assist the organization in paying for the costs of planning, designing, establishing, and operating a Missing Alzheimer's Disease Patient Alert Program, which shall be a locally based, proactive program to protect and locate missing patients with Alzheimer's disease and related dementias.
(b) Application
To be eligible to receive a grant under subsection (a), an organization shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including, at a minimum, an assurance that the organization will obtain and use assistance from private nonprofit organizations to support the program.
(c) Eligible organization
The Attorney General shall award the grant described in subsection (a) to a national voluntary organization that has a direct link to patients, and families of patients, with Alzheimer's disease and related dementias.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $900,000 for fiscal year 1996;
(2) $900,000 for fiscal year 1997; and
(3) $900,000 for fiscal year 1998.
(
SUBCHAPTER XII—PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME PREVENTION AND CONTROL
§14191. Presidential summit
Congress calls on the President to convene a national summit on violence in America prior to convening the Commission established under this subchapter.
(
§14192. Establishment; committees and task forces; representation
(a) Establishment and appointment of members
There is established a commission to be known as the "National Commission on Crime Control and Prevention". The Commission shall be composed of 28 members appointed as follows:
(1) 10 persons by the President, not more than 6 of whom shall be of the same major political party.
(2) 9 persons by the President pro tempore of the Senate, 5 of whom shall be appointed on the recommendation of the Majority Leader of the Senate and the chairman of the Committee on the Judiciary of the Senate, and 4 of whom shall be appointed on the recommendation of the Minority Leader of the Senate and the ranking minority member of the Committee on the Judiciary of the Senate.
(3) 9 persons appointed by the Speaker of the House of Representatives, in consultation with the chairman of the Committee on the Judiciary of the House of Representatives, and 4 of whom shall be appointed on the recommendation of the Minority Leader of the House of Representatives, in consultation with the ranking member of the Committee on the Judiciary.
(b) Committees and task forces
The Commission shall establish committees or task forces from among its members for the examination of specific subject areas and the carrying out of other functions or responsibilities of the Commission, including committees or task forces for the examination of the subject areas of crime and violence generally, the causes of the demand for drugs, violence in schools, and violence against women, as described in subsections (b) through (e) of
(c) Representation
(1) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commission's examination of the subject area of crime and violence generally, with education, training, expertise, or experience in such areas as law enforcement, law, sociology, psychology, social work, and ethnography and urban poverty (including health care, housing, education, and employment).
(2) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commission's examination of the subject area of the causes of the demand for drugs, with education, training, expertise, or experience in such areas as addiction, biomedicine, sociology, psychology, law, and ethnography and urban poverty (including health care, housing, education, and employment).
(3) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commission's examination of the subject area of violence in schools, with education, training, expertise, or experience in such areas as law enforcement, education, school governance policy and teaching, law, sociology, psychology, and ethnography and urban poverty (including health care, housing, education, and employment).
(4) At least 1 member of the Commission appointed by the President, at least 2 members of the Commission appointed by the President pro tempore of the Senate, and at least 2 members of the Commission appointed by the Speaker of the House of Representatives shall be persons well-qualified to participate in the Commission's examination of the subject area of violence against women, as survivors of violence, or as persons with education, training, expertise, or experience in such areas as law enforcement, law, judicial administration, prosecution, defense, victim services or advocacy in sexual assault or domestic violence cases (including medical services and counseling), and protection of victims' rights.
(
§14193. Purposes
The purposes of the Commission are as follows:
(1) To develop a comprehensive proposal for preventing and controlling crime and violence in the United States, including cost estimates for implementing any recommendations made by the Commission.
(2) To bring attention to successful models and programs in crime prevention and crime control.
(3) To reach out beyond the traditional criminal justice community for ideas for controlling and preventing crime.
(4) To recommend improvements in the coordination of local, State, Federal, and international crime control and prevention efforts, including efforts relating to crime near international borders.
(5) To make a comprehensive study of the economic and social factors leading to or contributing to crime and violence, including the causes of illicit drug use and other substance abuse, and to develop specific proposals for legislative and administrative actions to reduce crime and violence and the factors that contribute to it.
(6) To recommend means of utilizing criminal justice resources as effectively as possible, including targeting finite correctional facility space to the most serious and violent offenders, and considering increased use of intermediate sanctions for offenders who can be dealt with adequately by such means.
(7) To examine distinctive crime problems and the impact of crime on members of minority groups, Indians living on reservations, and other groups defined by race, ethnicity, religion, age, disability, or other characteristics, and to recommend specific responses to the distinctive crime problems of such groups.
(8) To examine the problem of sexual assaults, domestic violence, and other criminal and unlawful acts that particularly affect women, and to recommend Federal, State, and local strategies for more effectively preventing and punishing such crimes and acts.
(9) To examine the treatment of victims in Federal, State, and local criminal justice systems, and to develop recommendations to enhance and protect the rights of victims.
(10) To examine the ability of Federal, State, and local criminal justice systems to administer criminal law and criminal sanctions impartially without discrimination on the basis of race, ethnicity, religion, gender, or other legally proscribed grounds, and to make recommendations for correcting any deficiencies in the impartial administration of justice on these grounds.
(11) To examine the nature, scope, causes, and complexities of violence in schools and to recommend a comprehensive response to that problem.
(
§14194. Responsibilities of Commission
(a) In general
The responsibilities of the Commission shall include such study and consultation as may be necessary or appropriate to carry out the purposes set forth in
(b) Crime and violence generally
In addressing the subject of crime and violence generally, the activities of the Commission shall include the following:
(1) Reviewing the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence.
(2) Examining the impact that changes in Federal and State law have had in controlling crime and violence.
(3) Examining the impact of changes in Federal immigration laws and policies and increased development and growth along United States international borders on crime and violence in the United States, particularly among the Nation's youth.
(4) Examining the problem of youth gangs and providing recommendations as to how to reduce youth involvement in violent crime.
(5) Examining the extent to which the use of dangerous weapons in the commission of crime has contributed to violence and murder in the United States.
(6) Convening field hearings in various regions of the country to receive testimony from a cross section of criminal justice professionals, business leaders, elected officials, medical doctors, and other persons who wish to participate.
(7) Reviewing all segments of the Nation's criminal justice systems, including the law enforcement, prosecution, defense, judicial, and corrections components in developing the crime control and prevention proposal.
(c) Causes of demand for drugs
In addressing the subject of the causes of the demand for drugs, the activities of the Commission shall include the following:
(1) Examining the root causes of illicit drug use and abuse in the United States, including by compiling existing research regarding those root causes, and including consideration of the following factors:
(A) The characteristics of potential illicit drug users and abusers or drug traffickers, including age and social, economic, and educational backgrounds.
(B) Environmental factors that contribute to illicit drug use and abuse, including the correlation between unemployment, poverty, and homelessness and drug experimentation and abuse.
(C) The effects of substance use and abuse by a relative or friend in contributing to the likelihood and desire of an individual to experiment with illicit drugs.
(D) Aspects of, and changes in cultural values, attitudes and traditions that contribute to illicit drug use and abuse.
(E) The physiological and psychological factors that contribute to the desire for illicit drugs.
(2) Evaluating Federal, State, and local laws and policies on the prevention of drug abuse, control of unlawful production, distribution and use of controlled substances, and the efficacy of sentencing policies with regard to those laws.
(3) Analyzing the allocation of resources among interdiction of controlled substances entering the United States, enforcement of Federal laws relating to the unlawful production, distribution, and use of controlled substances, education with regard to and the prevention of the unlawful use of controlled substances, and treatment and rehabilitation of drug abusers.
(4) Analyzing current treatment and rehabilitation methods and making recommendations for improvements.
(5) Identifying any existing gaps in drug abuse policy that result from the lack of attention to the root causes of drug abuse.
(6) Assessing the needs of government at all levels for resources and policies for reducing the overall desire of individuals to experiment with and abuse illicit drugs.
(7) Making recommendations regarding necessary improvements in policies for reducing the use of illicit drugs in the United States.
(d) Violence in schools
In addressing the subject of violence in schools, the activities of the Commission shall include the following:
(1) Defining the causes of violence in schools.
(2) Defining the scope of the national problem of violence in schools.
(3) Providing statistics and data on the problem of violence in schools on a State-by-State basis.
(4) Investigating the problem of youth gangs and their relation to violence in schools and providing recommendations on how to reduce youth involvement in violent crime in schools.
(5) Examining the extent to which dangerous weapons have contributed to violence and murder in schools.
(6) Exploring the extent to which the school environment has contributed to violence in schools.
(7) Reviewing the effectiveness of current approaches in preventing violence in schools.
(e) Violence against women
In addressing the subject of sexual assault, domestic violence, and other criminal and unlawful acts that particularly affect women, the activities of the Commission shall include the following:
(1) Evaluating the adequacy of, and making recommendations regarding, current law enforcement efforts at the Federal, State, and local levels to reduce the incidence of such crimes and acts, and to punish those responsible for such crimes and acts.
(2) Evaluating the adequacy of, and making recommendations regarding, the responsiveness of prosecutors and courts to such crimes and acts.
(3) Evaluating the adequacy of rules of evidence, practice, and procedure to ensure the effective prosecution and conviction of perpetrators of such crimes and acts and to protect victims of such crimes and acts from abuse in legal proceedings, making recommendations, where necessary, to improve those rules.
(4) Evaluating the adequacy of pretrial release, sentencing, incarceration, and post-conviction release in relation to such crimes and acts.
(5) Evaluating the adequacy of, and making recommendations regarding, the adequacy of Federal and State laws on sexual assault and the need for a more uniform statutory response to sex offenses, including sexual assaults and other sex offenses committed by offenders who are known or related by blood or marriage to the victim.
(6) Evaluating the adequacy of, and making recommendations regarding, the adequacy of Federal and State laws on domestic violence and the need for a more uniform statutory response to domestic violence.
(7) Evaluating the adequacy of, and making recommendations regarding, the adequacy of current education, prevention, and protective services for victims of such crimes and acts.
(8) Assessing the issuance, formulation, and enforcement of protective orders, whether or not related to a criminal proceeding, and making recommendations for their more effective use in domestic violence and stalking cases.
(9) Assessing the problem of stalking and recommending effective means of response to the problem.
(10) Evaluating the adequacy of, and making recommendations regarding, programs for public awareness and public dissemination of information to prevent such crimes and acts.
(11) Evaluating the treatment of victims of such crimes and acts in Federal, State, and local criminal justice systems, and making recommendations designed to improve such treatment.
(
§14195. Administrative matters
(a) Chair
The President shall designate a member of the Commission to chair the Commission.
(b) No additional pay or benefits; per diem
Members of the Commission shall receive no pay or benefits by reason of their service on the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under
(c) Vacancies
Vacancies on the Commission shall be filled in the same manner as initial appointments.
(d) Meetings open to public
The Commission shall be considered to be an agency for the purposes of
(
§14196. Staff and support services
(a) Director
With the approval of the Commission, the chairperson shall appoint a staff director for the Commission.
(b) Staff
With the approval of the Commission, the staff director may appoint and fix the compensation of staff personnel for the Commission.
(c) Civil service laws
The staff of the Commission shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service. Staff compensation may be set without regard to the provisions of
(d) Consultants
With the approval of the Commission, the staff director may procure temporary and intermittent services under
(e) Staff of Federal agencies
Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, personnel of that agency to the Commission to assist in carrying out its duties.
(f) Physical facilities
The Administrator of the General Service Administration shall provide suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for proper functioning.
(
References in Text
Level V of the Executive Schedule, referred to in subsec. (c), is set out in
§14197. Powers
(a) Hearings
For the purposes of carrying out this subchapter, the Commission may conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may administer oaths before the Commission.
(b) Delegation
Any committee, task force, member, or agent, of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this subchapter.
(c) Access to information
The Commission may request directly from any Federal agency or entity in the executive or legislative branch such information as is needed to carry out its functions.
(d) Mail
The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.
(
§14198. Report; termination
Not later than 2 years after the date on which the Commission is fully constituted under
(
§14199. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter—
(1) 1 $1,000,000 for fiscal year 1996.
(
1 So in original. No par. (2) has been enacted.
SUBCHAPTER XIII—VIOLENT CRIME REDUCTION TRUST FUND
§14211. Creation of Violent Crime Reduction Trust Fund
(a) Violent Crime Reduction Trust Fund
There is established a separate account in the Treasury, known as the "Violent Crime Reduction Trust Fund" (referred to in this section as the "Fund") into which shall be transferred, in accordance with subsection (b), savings realized from implementation of section 5 of the Federal Workforce Restructuring Act of 1994 (
(b) Transfers into Fund
On the first day of the following fiscal years (or as soon thereafter as possible for fiscal year 1995), the following amounts shall be transferred from the general fund to the Fund—
(1) for fiscal year 1995, $2,423,000,000;
(2) for fiscal year 1996, $4,287,000,000;
(3) for fiscal year 1997, $5,000,000,000;
(4) for fiscal year 1998, $5,500,000,000;
(5) for fiscal year 1999, $6,500,000,000; and
(6) for fiscal year 2000, $6,500,000,000.
(c) Appropriations from Fund
(1) Amounts in the Fund may be appropriated exclusively for the purposes authorized in this Act and for those expenses authorized by any Act enacted before this Act that are expressly qualified for expenditure from the Fund.
(2) Amounts appropriated under paragraph (1) and outlays flowing from such appropriations shall not be taken into account for purposes of any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 except section 251A 1 of that Act as added by subsection (g), or for purposes of section 665d(b) 1 of title 2. Amounts of new budget authority and outlays under paragraph (1) that are included in concurrent resolutions on the budget shall not be taken into account for purposes of
(
References in Text
This section, referred to in subsec. (a), is section 310001 of
This Act, referred to in subsec. (c)(1), is
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c)(2), is title II of
House Concurrent Resolution 218, referred to in subsec. (c)(2), is H. Con. Res. 218, May 12, 1994,
1 See References in Text note below.
§14212. Repealed. Pub. L. 105–33, title X, §10204(b), Aug. 5, 1997, 111 Stat. 702
Section,
§14213. Extension of authorizations of appropriations for fiscal years for which full amount authorized is not appropriated
If, in making an appropriation under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a certain purpose for a certain fiscal year in a certain amount, the Congress makes an appropriation for that purpose for that fiscal year in a lesser amount, that provision or amendment shall be considered to authorize the making of appropriations for that purpose for later fiscal years in an amount equal to the difference between the amount authorized to be appropriated and the amount that has been appropriated.
(
References in Text
This Act, referred to in text, is
§14214. Flexibility in making of appropriations
(a) Federal law enforcement
In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a Federal law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other Federal law enforcement program for which appropriations are authorized by any other Federal law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular Federal law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.
(b) State and local law enforcement
In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a State and local law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other State and local law enforcement program for which appropriations are authorized by any other State and local law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular State and local law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.
(c) Prevention
In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a prevention program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other prevention program for which appropriations are authorized by any other prevention provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular prevention program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.
(d) Definitions
In this section—"Federal law enforcement program" means a program authorized in any of the following sections:
(1) section 190001(a); 1
(2) section 190001(b); 1
(3) section 190001(c); 1
(4) section 190001(d); 1
(5) section 190001(e); 1
(6) section 320925; 2
(7)
(8)
(9) section 130002; 1
(10) section 130005; 1
(11) section 130006; 1
(12) section 130007; 1
(13) section 250005; 1
(14)
(15)
(16)
"State and local law enforcement program" means a program authorized in any of the following sections:
(1) sections 10001–10003; 1
(2) section 210201; 1
(3) section 210603; 1
(4) section 180101; 1
(5)
(6)
(7) section 14161 1 of this title;
(8)
(9) section 210302; 1
(10) section 14151 1 of this title;
(11) section 210101;
(12) section 320930; 3
(13)
(14) section 20301; 1
(15)
(16) section 20201. 1
"prevention program" means a program authorized in any of the following sections:
(1) section 50001; 1
(2)
(3) sections 13751–13758 1 of this title;
(4)
(5)
(6) sections 13801–13802 1 of this title;
(7)
(8) section 31101 1 and
(9) sections 31501–31505; 1
(10) section 31901 1 and
(11) section 32001; 1
(12) section 32101; 1
(13)
(14) section 40114; 1
(15) section 40121; 1
(16) section 300w–10 1 of this title;
(17)
(18) section 5712d 1 of this title;
(19) section 40156; 1
(20)
(21) section 40231; 1
(22)
(23) section 10417 1 of this title;
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31) section 40601 1 and
(32) section 14181 1 of this title.
(
References in Text
This Act, referred to in subsecs. (a) to (c), is
Section 190001, referred to in subsec. (d), is section 190001 of
Section 130002, referred to in subsec. (d), is section 130002 of
Section 130005, referred to in subsec. (d), is section 130005 of
Section 130006, referred to in subsec. (d), is section 130006 of
Section 130007, referred to in subsec. (d), is section 130007 of
Section 250005, referred to in subsec. (d), is section 230005 of
Sections 10001–10003, referred to in subsec. (d), are sections 10001–10003 of
Section 210201, referred to in subsec. (d), is section 210201 of
Section 210603, referred to in subsec. (d), is section 210603 of
Section 180101, referred to in subsec. (d), is section 180101 of
Section 210302, referred to in subsec. (d), is section 210302 of
Section 210101, referred to in subsec. (d), is section 210101 of
Section 20301, referred to in subsec. (d), is section 20301 of
Section 20201, referred to in subsec. (d), is section 20201 of
Section 50001, referred to in subsec. (d), is section 50001 of
Section 31101, referred to in subsec. (d), is section 31101 of
Sections 31501–31505, referred to in subsec. (d), are sections 31501–31505 of
Section 31901, referred to in subsec. (d), is section 31901 of
Section 32001, referred to in subsec. (d), is section 32001 of
Section 32101, referred to in subsec. (d), is section 32101 of
Section 40114, referred to in subsec. (d), is section 40114 of
Section 40121, referred to in subsec. (d), is section 40121 of
Section 40156, referred to in subsec. (d), is section 40156 of
Section 40231, referred to in subsec. (d), is section 40231 of
Section 40601, referred to in subsec. (d), is section 40601 of
Amendments
2010—Subsec. (d)(20).
Subsec. (d)(22).
Subsec. (d)(24).
1 See References in Text note below.
2 So in original.
3 So in original.
SUBCHAPTER XIV—MISCELLANEOUS
§14221. Task force relating to introduction of nonindigenous species
(1) In general
The Attorney General is authorized to convene a law enforcement task force in Hawaii to facilitate the prosecution of violations of Federal laws, and laws of the State of Hawaii, relating to the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species.
(2) Membership
(A) The task force shall be composed of representatives of—
(i) the Office of the United States Attorney for the District of Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspection Service;
(iv) the Fish and Wildlife Service;
(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Office of the Department of Defense;
(viii) the United States Postal Service;
(ix) the office of the Attorney General of the State of Hawaii;
(x) the Hawaii Department of Agriculture;
(xi) the Hawaii Department of Land and Natural Resources; and
(xii) such other individuals as the Attorney General deems appropriate.
(B) The Attorney General shall, to the extent practicable, select individuals to serve on the task force who have experience with the enforcement of laws relating to the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species.
(3) Duties
The task force shall—
(A) facilitate the prosecution of violations of Federal and State laws relating to the conveyance, sale, or introduction of nonindigenous plant and animal species into Hawaii; and
(B) make recommendations on ways to strengthen Federal and State laws and law enforcement strategies designed to prevent the introduction of nonindigenous plant and animal species.
(4) Report
The task force shall report to the Attorney General, the Secretary of Agriculture, the Secretary of the Interior, and to the Committee on the Judiciary and Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on the Judiciary, Committee on Agriculture, and Committee on Merchant Marine and Fisheries of the House of Representatives on—
(A) the progress of its enforcement efforts; and
(B) the adequacy of existing Federal laws and laws of the State of Hawaii that relate to the introduction of nonindigenous plant and animal species.
Thereafter, the task force shall make such reports as the task force deems appropriate.
(5) Consultation
The task force shall consult with Hawaii agricultural interests and representatives of Hawaii conservation organizations about methods of preventing the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species into Hawaii.
(
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of
§14222. Coordination of substance abuse treatment and prevention programs
The Attorney General shall consult with the Secretary of the Department of Health and Human Services in establishing and carrying out the substance abuse treatment and prevention components of the programs authorized under this Act, to assure coordination of programs, eliminate duplication of efforts and enhance the effectiveness of such services.
(
References in Text
This Act, referred to in text, is
§14223. Edward Byrne Memorial Formula Grant Program
Nothing in this Act shall be construed to prohibit or exclude the expenditure of appropriations to grant recipients that would have been or are eligible to receive grants under subpart 1 of part E of the Omnibus Crime Control and Safe Streets Act of 1968 [
(
References in Text
This Act, referred to in text, is
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in text, is