S 2920 is sponsored by Ernst, Joni (Republican).

What is the current status of S 2920?

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track S 2920?

Track S 2920 free on One Click Politics — get push/email alerts when it moves.

S 2920: Violence Against Women Reauthorization Act of 2019

Compensation for work injuries · 5 U.S.C. ch. 81 1 section

§ 8191 Determination of eligibility Amends

5 U.S.C. § 8191

The law today

The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion— (1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person— (A) for the commission of a crime against the United States, or (B) who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or (C) who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or (2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or (3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States; and to have been on that occasion not an employee as defined in section 8101(1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an employee engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.

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Copyright notice, deposit, and registration · 17 U.S.C. ch. 4 1 section

§ 408 Copyright registration in general Amends

17 U.S.C. § 408

The law today

(a) Registration Permissive.— At any time during the subsistence of the first term of copyright in any published or unpublished work in which the copyright was secured before January 1, 1978, and during the subsistence of any copyright secured on or after that date, the owner of copyright or of any exclusive right in the work may obtain registration of the copyright claim by delivering to the Copyright Office the deposit specified by this section, together with the application and fee specified by sections 409 and 708. Such registration is not a condition of copyright protection. (b) Deposit for Copyright Registration.— Except as provided by subsection (c), the material deposited for registration shall include— (1) in the case of an unpublished work, one complete copy or phonorecord; (2) in the case of a published work, two complete copies or phonorecords of the best edition; (3) in the case of a work first published outside the United States, one complete copy or phonorecord as so published; (4) in the case of a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work. Copies or phonorecords deposited for the Library of Congress under section 407 may be used to satisfy the deposit provisions of this section, if they are accompanied by the prescribed application and fee, and by any additional identifying material that the Register may, by regulation, require. The Register shall also prescribe regulations establishing requirements under which copies or phonorecords acquired for the Library of Congress under subsection (e) of section 407, otherwise than by deposit, may be used to satisfy the deposit provisions of this section. (c) Administrative Classification and Optional Deposit.— (1) The Register of Copyrights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and registration, and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may require or permit, for particular classes, the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration for a group of related works. This administrative classification of works has no significance with respect to the subject matter of copyright or the exclusive rights provided by this title. (2) Without prejudice to the general authority provided under clause (1), the Register of Copyrights shall establish regulations specifically permitting a single registration for a group of works by the same individual author, all first published as contributions to periodicals, including newspapers, within a twelve-month period, on the basis of a single deposit, application, and registration fee, under the following conditions: (A) if the deposit consists of one copy of the entire issue of the periodical, or of the entire section in the case of a newspaper, in which each contribution was first published; and (B) if the application identifies each work separately, including the periodical containing it and its date of first publication. (3) As an alternative to separate renewal registrations under subsection (a) of section 304, a single renewal registration may be made for a group of works by the same individual author, all first published as contributions to periodicals, including newspapers, upon the filing of a single application and fee, under all of the following conditions: (A) the renewal claimant or claimants, and the basis of claim or claims under section 304(a), is the same for each of the works; and (B) the works were all copyrighted upon their first publication, either through separate copyright notice and registration or by virtue of a general copyright notice in the periodical issue as a whole; and (C) the renewal application and fee are received not more than twenty-eight or less than twenty-se...

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Assault · 18 U.S.C. ch. 7 1 section

§ 116 Female genital mutilation Amends

18 U.S.C. § 116

The law today

(a) Except as provided in subsection (b), whoever, in any circumstance described in subsection (d), knowingly— (1) performs, attempts to perform, or conspires to perform female genital mutilation on another person who has not attained the age of 18 years; (2) being the parent, guardian, or caretaker of a person who has not attained the age of 18 years facilitates or consents to the female genital mutilation of such person; or (3) transports a person who has not attained the age of 18 years for the purpose of the performance of female genital mutilation on such person, shall be fined under this title, imprisoned not more than 10 years, or both. (b) A surgical operation is not a violation of this section if the operation is— (1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or (2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife. (c) It shall not be a defense to a prosecution under this section that female genital mutilation is required as a matter of religion, custom, tradition, ritual, or standard practice. (d) For the purposes of subsection (a), the circumstances described in this subsection are that— (1) the defendant or victim traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the conduct described in subsection (a); (2) the defendant used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) the defendant transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. (e) For purposes of this section, the term “female genital mutilation” means any procedure performed for non-medical reasons that involves partial or total removal of, or other injury to, the external female genitalia, and includes— (1) a clitoridectomy or the partial or total removal of the clitoris or the prepuce or clitoral hood; (2) excision or the partial or total removal (with or without excision of the clitoris) of the labia minora or the labia majora, or both; (3) infibulation or the narrowing of the vaginal opening (with or without excision of the clitoris); or (4) other procedures that are harmful to the external female genitalia, including pricking, incising, scraping, or cauterizing the genital area.

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Homicide · 18 U.S.C. ch. 51 1 section

§ 1114 Protection of officers and employees of the United States Amends

18 U.S.C. § 1114

The law today

(a) In General.— Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished— (1) in the case of murder, as provided under section 1111; (2) in the case of manslaughter, as provided under section 1112; or (3) in the case of attempted murder or manslaughter, as provided in section 1113. (b) Extraterritorial Jurisdiction.— There is extraterritorial jurisdiction over the conduct prohibited by this section.

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Indians · 18 U.S.C. ch. 53 1 section

§ 1165 Hunting, trapping, or fishing on Indian land Amends

18 U.S.C. § 1165

The law today

Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined under this title or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited.

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Sexual abuse · 18 U.S.C. ch. 109A 3 sections

§ 2243 Sexual abuse of a minor, a ward, or an individual in Federal custody Amends

18 U.S.C. § 2243

The law today

(a) Of a Minor.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in a sexual act with another person who— (1) has attained the age of 12 years but has not attained the age of 16 years; and (2) is at least four years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. (b) Of a Ward.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in a sexual act with another person who is— (1) in official detention; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. (c) Of an Individual in Federal Custody.— Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be fined under this title, imprisoned not more than 15 years, or both. (d) Defenses.— In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years. (e) State of Mind Proof Requirement.— In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew— (1) the age of the other person engaging in the sexual act; or (2) that the requisite age difference existed between the persons so engaging.

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§ 2244 Abusive sexual contact Amends

18 U.S.C. § 2244 — at 2244(c)

The law today

(a) Sexual Conduct in Circumstances Where Sexual Acts Are Punished by This Chapter.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in or causes sexual contact with or by another person, if so to do would violate— (1) subsection (a) or (b) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than ten years, or both; (2) section 2242 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than three years, or both; (3) subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; (4) subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; (5) subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for any term of years or for life; or (6) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; 1 (b) In Other Circumstances.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in sexual contact with another person without that other person’s permission shall be fined under this title, imprisoned not more than two years, or both. (c) Offenses Involving Young Children.— If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section.

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§ 2246 Definitions for chapter Amends

18 U.S.C. § 2246

The law today

As used in this chapter— (1) the term “prison” means a correctional, detention, or penal facility; (2) the term “sexual act” means— (A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (4) the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; (5) the term “official detention” means— (A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or (B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency; (6) the term “State” means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States; and (7) the term “Federal law enforcement officer” has the meaning given the term in section 115.

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Sexual exploitation and other abuse of children · 18 U.S.C. ch. 110 3 sections

§ 2251 Sexual exploitation of children Amends

18 U.S.C. § 2251

The law today

(a) Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed. (b) Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed. (c) (1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e). (2) The circumstance referred to in paragraph (1) is that— (A) the person intends such visual depiction to be transported to the United States, its territories or possessions, by any means, including by using any means or facility of interstate or foreign commerce or mail; or (B) the person transports such visual depiction to the United States, its territories or possessions, by any means, including by using any means or facility of interstate or foreign commerce or mail. (d) (1) Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering— (A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or (B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct; shall be punished as provided under subsection (e). (2) The circumstance referred to in paragraph (1) is that— (A) such person knows or has reason to know that such notice or advertisement will be transported using any means or facility of interstate or foreign comme...

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§ 2252 Certain activities relating to material involving the sexual exploitation of minors Amends

18 U.S.C. § 2252 — at 2252(b)

The law today

(a) Any person who— (1) knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, if— (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (B) such visual depiction is of such conduct; (2) knowingly receives, or distributes, any visual depiction using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or through the mails, if— (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (B) such visual depiction is of such conduct; (3) either— (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or (B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or has been shipped or transported in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported using any means or facility of interstate or foreign commerce, including by computer, if— (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (ii) such visual depiction is of such conduct; or (4) either— (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or (B) knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if— (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (ii) such visual depiction is of such conduct; shall be punished as provided in subsection (b) of this section. (b) (1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under the Uniform Code of Military Justice or the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or sex trafficking of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more t...

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§ 2252A Certain activities relating to material constituting or containing child pornography Amends

18 U.S.C. § 2252A — at 2252A(b)(2)

The law today

(a) Any person who— (1) knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography; (2) knowingly receives or distributes— (A) any child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or (B) any material that contains child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; (3) knowingly— (A) reproduces any child pornography for distribution through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer; or (B) advertises, promotes, presents, distributes, or solicits through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains— (i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or (ii) a visual depiction of an actual minor engaging in sexually explicit conduct; (4) either— (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or (B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; (5) either— (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or (B) knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; (6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct— (A) that has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer; (B) that was produced using materials that ...

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Domestic violence and stalking · 18 U.S.C. ch. 110A 3 sections

§ 2261 Interstate domestic violence Amends

18 U.S.C. § 2261 — at 2261(b)

The law today

(a) Offenses.— (1) Travel or conduct of offender.— A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b). (2) Causing travel of victim.— A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b). (b) Penalties.— A person who violates this section or section 2261A shall be fined under this title, imprisoned— (1) for life or any term of years, if death of the victim results; (2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results; (3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense; (4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and (5) for not more than 5 years, in any other case, or both fined and imprisoned. (6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.

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§ 2261A Stalking Amends

18 U.S.C. § 2261A

The law today

Whoever— (1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that— (A) places that person in reasonable fear of the death of, or serious bodily injury to— (i) that person; (ii) an immediate family member (as defined in section 115) of that person; (iii) a spouse or intimate partner of that person; or (iv) the pet, service animal, emotional support animal, or horse of that person; or (B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or (2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that— (A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or (B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A), shall be punished as provided in section 2261(b) or section 2261B, as the case may be.

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§ 2265 Full faith and credit given to protection orders Amends

18 U.S.C. § 2265 — at 2265(d)(3)

The law today

(a) Full Faith and Credit.— Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory 1 as if it were the order of the enforcing State or tribe. (b) Protection Order.— A protection order issued by a State, tribal, or territorial court is consistent with this subsection if— (1) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; and (2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. (c) Cross or Counter Petition.— A protection order issued by a State, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if— (1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or (2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. (d) Notification and Registration.— (1) Notification.— A State, Indian tribe, or territory according full faith and credit to an order by a court of another State, Indian tribe, or territory shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State, tribal, or territorial jurisdiction unless requested to do so by the party protected under such order. (2) No prior registration or filing as prerequisite for enforcement.— Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction. (3) Limits on internet publication of registration information.— A State, Indian tribe, or territory shall not make available publicly on the Internet any information regarding the registration, filing of a petition for, or issuance of a protection order, restraining order, or injunction in either the issuing or enforcing State, tribal or territorial jurisdiction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State, Indian tribe, or territory may share court-generated and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes. The prohibition under this paragraph applies to all protection orders for the protection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe. (e) Tribal Court Jurisdiction.— For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the In...

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Juvenile delinquency · 18 U.S.C. ch. 403 1 section

§ 5032 Delinquency proceedings in district courts; transfer for criminal prosecution Amends

18 U.S.C. § 5032

The law today

A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), (g), or (h) of this title, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. If the Attorney General does not so certify, such juvenile shall be surrendered to the appropriate legal authorities of such State. For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. If an alleged juvenile delinquent is not surrendered to the authorities of a State pursuant to this section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The Attorney General shall proceed by information or as authorized under section 3401(g) of this title, and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below. A juvenile who is alleged to have committed an act of juvenile delinquency and who is not surrendered to State authorities shall be proceeded against under this chapter unless he has requested in writing upon advice of counsel to be proceeded against as an adult, except that, with respect to a juvenile fifteen years and older alleged to have committed an act after his fifteenth birthday which if committed by an adult would be a felony that is a crime of violence or an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959), or section 922(x) of this title, or in section 924(b), (g), or (h) of this title, criminal prosecution on the basis of the alleged act may be begun by motion to transfer of the Attorney General in the appropriate district court of the United States, if such court finds, after hearing, such transfer would be in the interest of justice. In the application of the preceding sentence, if the crime of violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), “thirteen” shall be substituted for “fifteen” and “thirteenth” shall be substituted for “fifteenth”. Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151), and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However, a juvenile who is alleged to...

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Trafficking victims protection · 22 U.S.C. ch. 78 1 section

§ 7105 Protection and assistance for victims of trafficking Amends

22 U.S.C. § 7105 — at 7105(f)(3)

The law today

(a) Assistance for victims in other countries (1) In general The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement, as appropriate, of victims of trafficking. Such programs and initiatives shall be designed to meet the appropriate assistance needs of such persons and their children, as identified by the Task Force, and shall be carried out in a manner which takes into account the cross-border, regional, and transnational aspects of trafficking in persons. In addition, such programs and initiatives shall, to the maximum extent practicable, include the following: (A) Support for local in-country nongovernmental organization-operated hotlines, culturally and linguistically appropriate protective shelters, and regional and international nongovernmental organization networks and databases on trafficking, including support to assist nongovernmental organizations in establishing service centers and systems that are mobile and extend beyond large cities. (B) Support for nongovernmental organizations and advocates to provide legal, social, and other services and assistance to trafficked individuals, particularly those individuals in detention, and by facilitating contact between relevant foreign government agencies and such nongovernmental organizations to facilitate cooperation between the foreign governments and such organizations. (C) Education and training for trafficked women and girls. (D) The safe integration or reintegration of trafficked individuals into an appropriate community or family, with full respect for the wishes, dignity, and safety of the trafficked individual. (E) Support for developing or increasing programs to assist families of victims in locating, repatriating, and treating their trafficked family members, in assisting the voluntary repatriation of these family members or their integration or resettlement into appropriate communities, and in providing them with treatment. (F) In cooperation and coordination with relevant organizations, such as the United Nations High Commissioner for Refugees, the International Organization for Migration, and private nongovernmental organizations that contract with, or receive grants from, the United States Government to assist refugees and internally displaced persons, support for— (i) increased protections for refugees and internally displaced persons, including outreach and education efforts to prevent such refugees and internally displaced persons from being exploited by traffickers; and (ii) performance of best interest determinations for unaccompanied and separated children who come to the attention of the United Nations High Commissioner for Refugees, its partner organizations, or any organization that contracts with the Department of State in order to identify child trafficking victims and to assist their safe integration, reintegration, and resettlement. (2) Additional requirement In establishing and conducting programs and initiatives described in paragraph (1), the Secretary of State and the Administrator of the United States Agency for International Development shall take all appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims of trafficking, to assist in the integration, reintegration, or resettlement, as appropriate, of victims of trafficking, including stateless victims. In carrying out this paragraph, the Secretary and the Administrator shall take all appropriate steps to ensure that cooperative efforts among foreign countries are undertaken on a regional basis and shall brief Congress annually on such efforts. (b) Victims in the United States (1) Assistance (A) Eligibility for benefits and services Notwithstanding title IV of the Personal Respon...

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Indian alcohol and substance abuse prevention and treatment · 25 U.S.C. ch. 26 7 sections

§ 2411 Inter-departmental Memorandum of Agreement Amends

25 U.S.C. § 2411 — at 2411(a)

The law today

(a) In general Not later than 1 year after July 29, 2010, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall develop and enter into a Memorandum of Agreement which shall, among other things— (1) determine and define the scope of the problem of alcohol and substance abuse for Indian tribes and their members and its financial and human costs, and specifically identify such problems affecting Indian youth, (2) identify— (A) the resources and programs of the Bureau of Indian Affairs, Office of Justice Programs, Substance Abuse and Mental Health Services Administration, and Indian Health Service, and (B) other Federal, tribal, State and local, and private resources and programs, which would be relevant to a coordinated effort to combat alcohol and substance abuse among Indian people, including those programs and resources made available by this chapter, (3) develop and establish appropriate minimum standards for each agency’s program responsibilities under the Memorandum of Agreement which may be— (A) the existing Federal or State standards in effect, or (B) in the absence of such standards, new standards which will be developed and established in consultation with Indian tribes, (4) coordinate the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and Indian Health Service alcohol and substance abuse programs existing on October 27, 1986, with programs or efforts established by this chapter, (5) delineate the responsibilities of the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and the Indian Health Service to coordinate alcohol and substance abuse-related services at the central, area, agency, and service unit levels, (6) direct Bureau of Indian Affairs agency and education superintendents, where appropriate, and the Indian Health Service service unit directors to cooperate fully with tribal requests made pursuant to section 2412 of this title, and (7) provide for an annual review of such agreements by the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services. (b) Character of activities To the extent that there are new activities undertaken pursuant to this chapter, those activities shall supplement, not supplant, activities, programs, and local actions that are ongoing on October 27, 1986. Such activities shall be undertaken in the manner least disruptive to tribal control, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),1 and local control, in accordance with section 2010 1 of this title. (c) Consultation The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall, in developing the Memorandum of Agreement under subsection (a), consult with and solicit the comments of— (1) interested Indian tribes, (2) Indian individuals, (3) Indian organizations, and (4) professionals in the treatment of alcohol and substance abuse. (d) Publication The Memorandum of Agreement under subsection (a) shall be submitted to Congress and published in the Federal Register not later than 130 days after July 29, 2010. At the same time as publication in the Federal Register, the Secretary of the Interior shall provide a copy of this chapter and the Memorandum of Agreement under subsection (a) to each Indian tribe.

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§ 2412 Tribal Action Plans Amends

25 U.S.C. § 2412 — at 2412(d)(2) and 2412(f)(3)

The law today

(a) In general The governing body of any Indian tribe may, at its discretion, adopt a resolution for the establishment of a Tribal Action Plan to coordinate available resources and programs, including programs and resources made available by this chapter, in an effort to combat alcohol and substance abuse among its members. Such resolution shall be the basis for the implementation of this chapter and of the Memorandum of Agreement under section 2411 of this title. (b) Cooperation At the request of any Indian tribe pursuant to a resolution adopted under subsection (a), the Bureau of Indian Affairs agency and education superintendents, where appropriate,,1 the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, and the Indian Health Service service unit director providing services to such tribe shall cooperate with the tribe in the development of a Tribal Action Plan to coordinate resources and programs relevant to alcohol and substance abuse prevention and treatment. Upon the development of such a plan, such superintendents and director, as directed by the Memorandum of Agreement established under section 2411 of this title, shall enter into an agreement with the tribe for the implementation of the Tribal Action Plan under subsection (a). (c) Provisions (1) Any Tribal Action Plan entered into under subsection (b) shall provide for— (A) the establishment of a Tribal Coordinating Committee which shall— (i) at a minimum, have as members a tribal representative who shall serve as Chairman and the Bureau of Indian Affairs agency and education superintendents, where appropriate,,1 the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, and the Indian Health Service service unit director, or their representatives, (ii) have primary responsibility for the implementation of the Tribal Action Plan, (iii) have the responsibility for on-going review and evaluation of, and the making of recommendations to the tribe relating to, the Tribal Action Plan, and (iv) have the responsibility for scheduling Federal, tribal or other personnel for training in the prevention and treatment of alcohol and substance abuse among Indians as provided under section 2475 2 of this title, and (B) the incorporation of the minimum standards for those programs and services which it encompasses which shall be— (i) the Federal or State standards as provided in section 2411(a)(3) of this title, or (ii) applicable tribal standards, if such standards are no less stringent than the Federal or State standards. (2) Any Tribal Action Plan may, among other things, provide for— (A) an assessment of the scope of the problem of alcohol and substance abuse for the Indian tribe which adopted the resolution for the Plan, (B) the identification and coordination of available resources and programs relevant to a program of alcohol and substance abuse prevention and treatment, (C) the establishment and prioritization of goals and the efforts needed to meet those goals, (D) the identification of the community and family roles in any of the efforts undertaken as part of the Tribal Action Plan, (E) the establishment of procedures for amendment and revision of the plan as may be determined necessary by the Tribal Coordinating Committee, and (F) an evaluation component to measure the success of efforts made. (3) All Tribal Action Plans shall be updated every 2 years. (d) Grants (1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to provide technical assistance in the development of a Tribal Action Plan. The Secretary shall allocate funds based on need. (2) There are authorized to be appropriated for grants under this subsection not more than $2,000,000 for the period of fiscal years 2011 through 2015. (e) Federal action If any Indian tribe does not adopt a resolution as provided in subsection (a) within 90 days after the publication of the Memora...

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§ 2432 Indian education programs Amends

25 U.S.C. § 2432 — at 2432(a)(3)

The law today

(a) Summer youth programs (1) In general The head of the Indian Alcohol and Substance Abuse Program, in coordination with the Assistant Secretary for Indian Affairs, shall develop and implement programs in tribal schools and schools funded by the Bureau of Indian Education (subject to the approval of the local school board or contract school board) to determine the effectiveness of summer youth programs in advancing the purposes and goals of this Act. (2) Costs The head of the Indian Alcohol and Substance Abuse Program and the Assistant Secretary shall defray all costs associated with the actual operation and support of the summer youth programs in a school from funds appropriated to carry out this subsection. (3) Authorization of appropriations There are authorized to be appropriated to carry out the programs under this subsection $5,000,000 for each of fiscal years 2011 through 2015. (b) Use of funds Federal financial assistance made available to public or private schools because of the enrollment of Indian children pursuant to— (1) the Act of April 16, 1934, as amended by the Indian Education Assistance Act (25 U.S.C. 452 et seq.),1 (2) the Indian Elementary and Secondary School Assistance Act (20 U.S.C. 241aa et seq.),1 and (3) the Indian Education Act (20 U.S.C. 3385),1 may be used to support a program of instruction relating to alcohol and substance abuse prevention and treatment.

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§ 2433 Emergency shelters Amends

25 U.S.C. § 2433 — at 2433(e)

The law today

(a) In general A Tribal Action Plan adopted pursuant to section 2412 of this title may make such provisions as may be necessary and practical for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers, including youth who have been arrested for offenses directly or indirectly related to alcohol or substance abuse. Half-way houses may be used as either intake facilities or aftercare facilities for youth admitted, or to be admitted, for long-term treatment of substance abuse. The Indian Health Service, the Bureau of Indian Affairs, and the tribes are authorized to use their respective resources to adequately staff and operate any such facility. (b) Referrals (1) In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to alcohol or substance abuse, other than for a status offense as defined by the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.], under circumstances where such youth may not be immediately restored to the custody of his parents or guardians and where there is space available in an appropriately licensed and supervised emergency shelter or half-way house, such youth shall be referred to such facility in lieu of incarceration in a secured facility unless such youth is deemed a danger to himself or to other persons. (2) In any case where there is a space available in an appropriately licensed and supervised emergency shelter or half-way house, the Bureau of Indian Affairs and tribal courts are encouraged to refer Indian youth convicted of offenses directly or indirectly related to alcohol and substance abuse to such facilities in lieu of sentencing to incarceration in a secured juvenile facility. (c) Direction to States In the case of any State that exercises criminal jurisdiction over any part of Indian country under section 1162 of title 18 or section 1321 of this title, such State is urged to require its law enforcement officers to— (1) place any Indian youth arrested for any offense related to alcohol or substance abuse in a temporary emergency shelter described in subsection (d) or a community-based alcohol or substance abuse treatment facility in lieu of incarceration to the extent such facilities are available, and (2) observe the standards promulgated under subsection (d). (d) Standards The Assistant Secretary of Indian Affairs shall, as part of the development of the Memorandum of Agreement set out in section 2411 of this title, promulgate standards by which the emergency shelters established under a program pursuant to subsection (a) shall be established and operated. (e) Authorization (1) For the planning and design, construction, and renovation of, or purchase or lease of land or facilities for, emergency shelters and half-way houses to provide emergency care for Indian youth, there are authorized to be appropriated $10,000,000 for each of fiscal years 2011 through 2015. (2) For the staffing and operation of emergency shelters and half-way houses, there are authorized to be appropriated $5,000,000 for fiscal year 1993 and $7,000,000 for each of fiscal years 2011 through 2015. (3) The Secretary of the Interior shall allocate funds appropriated pursuant to this subsection on the basis of priority of need of the various Indian tribes and such funds, when allocated, shall be subject to contracting or available for grants pursuant to the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]. (4) Funds appropriated under the authority of this subsection may be used by any Indian tribe or tribal organization to purchase or lease any land or facilities if— (A) the Secretary of the Interior determines that no Federal land or facilities are reasonably available for emergency shelters or halfway 1 houses described in subsection (a) to serve the needs of that Indian tribe or tribal organization, ...

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§ 2442 Illegal narcotics traffic on Tohono O’odham and St. Regis Reservations; source eradication Amends

25 U.S.C. § 2442

The law today

(a) Investigation and control (1) The Secretary of the Interior shall provide assistance to— (A) the Tohono O’odham Tribe of Arizona for the investigation and control of illegal narcotics traffic on the Tohono O’odham Reservation along the border with Mexico; (B) the St. Regis Band of Mohawk Indians of New York for the development of tribal law enforcement and judicial systems to aid in the investigation and control of illegal narcotics traffic on the St. Regis Reservation along the border with Canada; (C) the Makah Indian Tribe of Washington for the investigation and control of illegal narcotic traffic on the Makah Indian Reservation arising from its proximity to international waters; and (D) the Blackfeet Nation of Montana for the investigation and control of illegal narcotics traffic on the Blackfeet Indian Reservation along the border with Canada. (2) The Secretary shall ensure that tribal efforts under this subsection are coordinated with appropriate Federal law enforcement agencies, including the United States Customs and Border Protection, the Bureau of Immigration and Customs Enforcement, and the Drug Enforcement Administration. (3) Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2011 through 2015. (b) Marijuana eradication and interdiction (1) The Secretary of the Interior, in cooperation with appropriate Federal, tribal, and State and local law enforcement agencies, shall establish and implement a program for the eradication of marijuana cultivation, and interdiction, investigation, and control of illegal narcotics trafficking within Indian country as defined in section 1152 of title 18. The Secretary shall establish a priority for the use of funds appropriated under paragraph (2) for those Indian reservations where the scope of the problem is most critical, and such funds shall be available for contracting by Indian tribes pursuant to the Indian Self-Determination Act (25 U.S.C. 450f et seq.).1 (2) For the purpose of establishing the program required by paragraph (1), there are authorized to be appropriated $2,000,000 for each of fiscal years 2011 through 2015.

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§ 2451 Bureau of Indian Affairs law enforcement and judicial training Amends

25 U.S.C. § 2451 — at 2451(b)

The law today

(a) Training programs (1) In general The Secretary of the Interior, in coordination with the Attorney General, the Administrator of the Drug Enforcement Administration, and the Director of the Federal Bureau of Investigation, shall ensure, through the establishment of a new training program or by supplementing existing training programs, that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have access to training regarding— (A) the investigation and prosecution of offenses relating to illegal narcotics; and (B) alcohol and substance abuse prevention and treatment. (2) Youth-related training Any training provided to Bureau of Indian Affairs or tribal law enforcement or judicial personnel under paragraph (1) shall include training in issues relating to youth alcohol and substance abuse prevention and treatment. (b) Authorization For the purposes of providing the training required by subsection (a), there are authorized to be appropriated $2,000,000 for fiscal year 1993 and such sums as are necessary for each of fiscal years 2011 through 2015.

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§ 2453 Juvenile detention centers Amends

25 U.S.C. § 2453 — at 2453(b)

The law today

(a) Plan (1) In general The Secretary of the Interior shall construct or renovate and staff new or existing juvenile detention centers. (2) Construction and operation The Secretary shall ensure that the construction and operation of the centers is consistent with the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.]. (3) Development of plan (A) In general Not later than 1 year after July 29, 2010, the Secretary and the Attorney General, in consultation with tribal leaders and tribal justice officials, shall develop a long-term plan for the construction, renovation, and operation of Indian juvenile detention and treatment centers and alternatives to detention for juvenile offenders. (B) Coordination The plan under subparagraph (A) shall require the Bureau of Indian Education and the Indian Health Service to coordinate with tribal and Bureau of Indian Affairs juvenile detention centers to provide services to those centers. (b) Authorization (1) For the purpose of constructing or renovating juvenile detention centers as provided in subsection (a), there are authorized to be appropriated $10,000,000 for each of fiscal years 2011 through 2015. (2) For the purpose of staffing and operating juvenile detention centers, there are authorized to be appropriated $7,000,000 for each of fiscal years 2011 through 2015.

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Indian law enforcement reform · 25 U.S.C. ch. 30 6 sections Amends the act as a whole

§ 2802 Indian law enforcement responsibilities Amends

25 U.S.C. § 2802 — at 2802(c), 2802(e), and 2802(c)(16)(C)

The law today

(a) Responsibility of Secretary The Secretary, acting through the Bureau, shall be responsible for providing, or for assisting in the provision of, law enforcement services in Indian country as provided in this chapter. (b) Office of Justice Services There is established in the Bureau an office, to be known as the “Office of Justice Services”, that, under the supervision of the Secretary, or an individual designated by the Secretary, shall be responsible for— (1) carrying out the law enforcement functions of the Secretary in Indian country, and (2) implementing the provisions of this section. (c) Additional responsibilities of Division Subject to the provisions of this chapter and other applicable Federal or tribal laws, the responsibilities of the Office of Justice Services in Indian country shall include— (1) the enforcement of Federal law and, with the consent of the Indian tribe, tribal law; (2) in cooperation with appropriate Federal and tribal law enforcement agencies, the investigation of offenses against criminal laws of the United States; (3) the protection of life and property; (4) the development of methods and expertise to resolve conflicts and solve crimes; (5) the provision of criminal justice remedial actions, correctional and detention services, and rehabilitation; (6) the reduction of recidivism and adverse social effects; (7) the development of preventive and outreach programs which will enhance the public conception of law enforcement responsibilities through training and development of needed public service skills; (8) the assessment and evaluation of program accomplishments in reducing crime; (9) the development and provision of law enforcement training and technical assistance, including training to properly interview victims of domestic and sexual violence and to collect, preserve, and present evidence to Federal and tribal prosecutors to increase the conviction rate for domestic and sexual violence offenses for purposes of addressing and preventing domestic and sexual violent offenses; (10) the development and provision of dispatch and emergency and E–911 services; (11) communicating with tribal leaders, tribal community and victims’ advocates, tribal justice officials, indigent defense representatives, and residents of Indian country on a regular basis regarding public safety and justice concerns facing tribal communities; (12) conducting meaningful and timely consultation with tribal leaders and tribal justice officials in the development of regulatory policies and other actions that affect public safety and justice in Indian country; (13) providing technical assistance and training to tribal law enforcement officials to gain access and input authority to utilize the National Criminal Information Center and other national crime information databases pursuant to section 534 of title 28; (14) in coordination with the Attorney General pursuant to subsection (g) of section 10132 of title 34, collecting, analyzing, and reporting data regarding Indian country crimes on an annual basis; (15) on an annual basis, sharing with the Department of Justice all relevant crime data, including Uniform Crime Reports, that the Office of Justice Services prepares and receives from tribal law enforcement agencies on a tribe-by-tribe basis to ensure that individual tribal governments providing data are eligible for programs offered by the Department of Justice; (16) submitting to the appropriate committees of Congress, for each fiscal year, a detailed spending report regarding tribal public safety and justice programs that includes— (A) (i) the number of full-time employees of the Bureau and tribal governments who serve as— (I) criminal investigators; (II) uniform police; (III) police and emergency dispatchers; (IV) detention officers; (V) executive personnel, including special agents in charge, and directors and deputies of various offices in the Office of Justice Services; and (VI) tribal court judges, prosecutors, pu...

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§ 2803 Law enforcement authority Amends

25 U.S.C. § 2803

The law today

The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to— (1) carry firearms; (2) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of— (A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or (B) an Indian tribe if authorized by the Indian tribe; (3) make an arrest without a warrant for an offense committed in Indian country if— (A) the offense is committed in the presence of the employee,1 (B) the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony; (C) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or (D) (i) the offense involves— (I) a misdemeanor controlled substance offense in violation of— (aa) the Controlled Substances Act (21 U.S.C. 801 et seq.); (bb) title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); 2 or (cc) section 865 of title 21; (II) a misdemeanor firearms offense in violation of chapter 44 of title 18; (III) a misdemeanor assault in violation of chapter 7 of title 18; or (IV) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and (ii) the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime; (4) offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States; (5) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws; (6) wear a prescribed uniform and badge or carry prescribed credentials; (7) perform any other law enforcement related duty; and (8) when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.

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§ 2804 Assistance by other agencies Amends

25 U.S.C. § 2804 — at 2804(g) and 2804(a)

The law today

(a) Agreements (1) In general Not later than 180 days after July 29, 2010, the Secretary shall establish procedures to enter into memoranda of agreement for the use (with or without reimbursement) of the personnel or facilities of a Federal, tribal, State, or other government agency to aid in the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the Secretary to enforce tribal laws. (2) Certain activities The Secretary may authorize a law enforcement officer of such an agency to perform any activity the Secretary may authorize under section 2803 of this title. (3) Program enhancement (A) Training sessions in Indian country (i) In general The procedures described in paragraph (1) shall include the development of a plan to enhance the certification and provision of special law enforcement commissions to tribal law enforcement officials, and, subject to subsection (d), State and local law enforcement officials, pursuant to this section. (ii) Inclusions The plan under clause (i) shall include the hosting of regional training sessions in Indian country, not less frequently than biannually, to educate and certify candidates for the special law enforcement commissions. (B) Memoranda of agreement (i) In general Not later than 180 days after July 29, 2010, the Secretary, in consultation with Indian tribes and tribal law enforcement agencies, shall develop minimum requirements to be included in special law enforcement commission agreements pursuant to this section. (ii) Substance of agreements Each agreement entered into pursuant to this section shall reflect the status of the applicable certified individual as a Federal law enforcement officer under subsection (f), acting within the scope of the duties described in section 2802(c) of this title. (iii) Agreement Not later than 60 days after the date on which the Secretary determines that all applicable requirements under clause (i) are met, the Secretary shall offer to enter into a special law enforcement commission agreement with the Indian tribe. (b) Agreement to be in accord with agreements between Secretary and Attorney General Any agreement entered into under this section relating to the enforcement of the criminal laws of the United States shall be in accord with any agreement between the Secretary and the Attorney General of the United States. (c) Limitations on use of personnel of non-Federal agency The Secretary may not use the personnel of a non-Federal agency under this section in an area of Indian country if the Indian tribe having jurisdiction over such area of Indian country has adopted a resolution objecting to the use of the personnel of such agency. The Secretary shall consult with Indian tribes before entering into any agreement under subsection (a) with a non-Federal agency that will provide personnel for use in any area under the jurisdiction of such Indian tribes. (d) Authority of Federal agency head to enter into agreement with Secretary Notwithstanding the provisions of section 1535 of title 31, the head of a Federal agency with law enforcement personnel or facilities may enter into an agreement (with or without reimbursement) with the Secretary under subsection (a). (e) Authority of Federal agency head to enter into agreement with Indian tribe The head of a Federal agency with law enforcement personnel or facilities may enter into an agreement (with or without reimbursement) with an Indian tribe relating to— (1) the law enforcement authority of the Indian tribe, or (2) the carrying out of a law of either the United States or the Indian tribe. (f) Status of person as Federal employee While acting under authority granted by the Secretary under subsection (a), a person who is not otherwise a Federal employee shall be considered to be— (1) an employee of the Department of the Interior only for purposes of— (A) the provisions of law described in section 3374(c)(2) of title 5, and (B) sections 1...

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§ 2806 Jurisdiction Amends

25 U.S.C. § 2806 — at 2806(b)

The law today

(a) Investigative jurisdiction over offenses against criminal laws The Secretary shall have investigative jurisdiction over offenses against criminal laws of the United States in Indian country subject to an agreement between the Secretary and the Attorney General of the United States. (b) Exercise of investigative authority In exercising the investigative authority conferred by this section, the employees of the Bureau shall cooperate with the law enforcement agency having primary investigative jurisdiction over the offense committed. (c) Law enforcement commission or other delegation of prior authority not invalidated or diminished This chapter does not invalidate or diminish any law enforcement commission or other delegation of authority issued under the authority of the Secretary before August 18, 1990. (d) Authorities in addition to prior authority; civil or criminal jurisdiction, law enforcement, investigative, or judicial authority, of United States, Indian tribes, States, etc., unaffected The authority provided by this chapter is in addition to, and not in derogation of, any authority that existed before August 18, 1990. The provisions of this chapter alter neither the civil or criminal jurisdiction of the United States, Indian tribes, States, or other political subdivisions or agencies, nor the law enforcement, investigative, or judicial authority of any Indian tribe, State, or political subdivision or agency thereof, or of any department, agency, court, or official of the United States other than the Secretary.

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§ 2807 Uniform allowance Amends

25 U.S.C. § 2807

The law today

Notwithstanding the limitation in section 5901(a) of title 5, the Secretary may provide a uniform allowance for uniformed law enforcement officers under section 2803 of this title of not more than $400 a year.

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§ 2809 Reports to tribes Amends

25 U.S.C. § 2809 — at 2809(b)

The law today

(a) Coordination and data collection (1) Investigative coordination Subject to subsection (c), if a law enforcement officer or employee of any Federal department or agency terminates an investigation of an alleged violation of Federal criminal law in Indian country without referral for prosecution, the officer or employee shall coordinate with the appropriate tribal law enforcement officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. (2) Investigation data The Federal Bureau of Investigation shall compile, on an annual basis and by Field Division, information regarding decisions not to refer to an appropriate prosecuting authority cases in which investigations had been opened into an alleged crime in Indian country, including— (A) the types of crimes alleged; (B) the statuses of the accused as Indians or non-Indians; (C) the statuses of the victims as Indians or non-Indians; and (D) the reasons for deciding against referring the investigation for prosecution. (3) Prosecutorial coordination Subject to subsection (c), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal criminal law in Indian country, the United States Attorney shall coordinate with the appropriate tribal justice officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. (4) Prosecution data The United States Attorney shall submit to the Native American Issues Coordinator to compile, on an annual basis and by Federal judicial district, information regarding all declinations of alleged violations of Federal criminal law that occurred in Indian country that were referred for prosecution by law enforcement agencies, including— (A) the types of crimes alleged; (B) the statuses of the accused as Indians or non-Indians; (C) the statuses of the victims as Indians or non-Indians; and (D) the reasons for deciding to decline or terminate the prosecutions. (b) Annual reports The Attorney General shall submit to Congress annual reports containing, with respect to the applicable calendar year, the information compiled under paragraphs (2) and (4) of subsection (a)— (1) organized— (A) in the aggregate; and (B) (i) for the Federal Bureau of Investigation, by Field Division; and (ii) for United States Attorneys, by Federal judicial district; and (2) including any relevant explanatory statements. (c) Effect of section (1) In general Nothing in this section requires any Federal agency or official to transfer or disclose any confidential, privileged, or statutorily protected communication, information, or source to an official of any Indian tribe. (2) Federal Rules of Criminal Procedure Nothing in this section affects or limits the requirements of Rule 6 of the Federal Rules of Criminal Procedure. (3) Regulations The Attorney General shall establish, by regulation, standards for the protection of the confidential or privileged communications, information, and sources described in this section.

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Indian tribal justice support · 25 U.S.C. ch. 38 2 sections

§ 3613 Base support funding for tribal justice systems Amends

25 U.S.C. § 3613

The law today

(a) In general Pursuant to the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.], the Secretary is authorized (to the extent provided in advance in appropriations Acts) to enter into contracts, grants, or agreements with Indian tribes for the performance of any function of the Office and for the development, enhancement, and continuing operation of tribal justice systems and traditional tribal judicial practices by Indian tribal governments. (b) Purposes for which financial assistance may be used Financial assistance provided through contracts, grants, or agreements entered into pursuant to this section may be used for— (1) planning for the development, enhancement, and operation of tribal justice systems; (2) the employment of tribal court personnel, including tribal court judges, prosecutors, public defenders, appointed defense counsel, guardians ad litem, and court-appointed special advocates for children and juveniles; (3) training programs and continuing education for tribal judicial personnel; (4) the acquisition, development, and maintenance of a law library and computer assisted legal research capacities; (5) the development, revision, and publication of tribal codes, rules of practice, rules of procedure, and standards of judicial performance and conduct; (6) the development and operation of records management systems; (7) the construction or renovation of facilities for tribal justice systems; (8) membership and related expenses for participation in national and regional organizations of tribal justice systems and other professional organizations; and (9) the development and operation of other innovative and culturally relevant programs and projects, including (but not limited to) programs and projects for— (A) alternative dispute resolution; (B) tribal victims assistance or victims services; (C) tribal probation services or diversion programs; (D) juvenile services and multidisciplinary investigations of child abuse; and (E) traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution. (c) Formula (1) Not later than 180 days after December 3, 1993, the Secretary, with the full participation of Indian tribes, shall establish and promulgate by regulation, a formula which establishes base support funding for tribal justice systems in carrying out this section. (2) The Secretary shall assess caseload and staffing needs for tribal justice systems that take into account unique geographic and demographic conditions. In the assessment of these needs, the Secretary shall work cooperatively with Indian tribes and tribal organizations and shall refer to any data developed as a result of the surveys conducted pursuant to section 3612 of this title and to relevant assessment standards developed by the Judicial Conference of the United States, the National Center for State Courts, the American Bar Association, and appropriate State bar associations. (3) Factors to be considered in the development of the base support funding formula shall include, but are not limited to— (A) the caseload and staffing needs identified under paragraph (2); (B) the geographic area and population to be served; (C) the volume and complexity of the caseloads; (D) the projected number of cases per month; (E) the projected number of persons receiving probation services or participating in diversion programs; and (F) any special circumstances warranting additional financial assistance. (4) In developing and administering the formula for base support funding for the tribal judicial systems under this section, the Secretary shall ensure equitable distribution of funds.

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§ 3621 Tribal justice systems Amends

25 U.S.C. § 3621

The law today

(a) Office There is authorized to be appropriated to carry out sections 3611 and 3612 of this title, $7,000,000 for each of fiscal years 2011 through 2015. None of the funds provided under this subsection may be used for the administrative expenses of the Office. (b) Base support funding for tribal justice systems There is authorized to be appropriated to carry out section 3613 of this title, $50,000,000 for each of fiscal years 2011 through 2015. (c) Administrative expenses for Office There is authorized to be appropriated, for the administrative expenses of the Office, $500,000 for each of fiscal years 2011 through 2015. (d) Administrative expenses for tribal judicial conferences There is authorized to be appropriated, for the administrative expenses of tribal judicial conferences, $500,000 for each of fiscal years 2011 through 2015. (e) Survey For carrying out the survey under section 3612 of this title, there is authorized to be appropriated, in addition to the amount authorized under subsection (a) of this section, $400,000. (f) Indian priority system Funds appropriated pursuant to the authorizations provided by this section and available for a tribal justice system shall not be subject to the Indian priority system. Nothing in this chapter shall preclude a tribal government from supplementing any funds received under this chapter with funds received from any other source including the Bureau or any other Federal agency. (g) Allocation of funds In allocating funds appropriated pursuant to the authorization contained in subsection (a) among the Bureau, Office, tribal governments and Courts of Indian Offenses, the Secretary shall take such actions as may be necessary to ensure that such allocation is carried out in a manner that is fair and equitable to all tribal governments and is proportionate to base support funding under section 3613 of this title received by the Bureau, Office, tribal governments, and Courts of Indian Offenses. (h) No offset No Federal agency shall offset funds made available pursuant to this chapter for tribal justice systems against other funds otherwise available for use in connection with tribal justice systems.

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Indian tribal justice technical and legal assistance · 25 U.S.C. ch. 38A 2 sections

§ 3666 Authorization of appropriations Amends

25 U.S.C. § 3666

The law today

For purposes of carrying out the activities under this subchapter, there are authorized to be appropriated such sums as are necessary for fiscal years 2011 through 2015.

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§ 3681 Grants Amends

25 U.S.C. § 3681 — at 3681(d)

The law today

(a) In general The Attorney General may award grants and provide technical assistance to Indian tribes to enable such tribes to carry out programs to support— (1) the development, enhancement, and continuing operation of tribal justice systems; and (2) the development and implementation of— (A) tribal codes and sentencing guidelines; (B) inter-tribal courts and appellate systems; (C) tribal probation services, diversion programs, and alternative sentencing provisions; (D) tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and (E) traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution. (b) Consultation In carrying out this section, the Attorney General may consult with the Office of Tribal Justice and any other appropriate tribal or Federal officials. (c) Regulations The Attorney General may promulgate such regulations and guidelines as may be necessary to carry out this subchapter. (d) Authorization of appropriations For purposes of carrying out the activities under this section, there are authorized to be appropriated such sums as are necessary for fiscal years 2011 through 2015.

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Federal bureau of investigation · 28 U.S.C. ch. 33 1 section

§ 534 Acquisition, preservation, and exchange of identification records and information; appointment of officials Amends

28 U.S.C. § 534 — at 534(d)

The law today

(a) The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. (b) The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. (c) The Attorney General may appoint officials to perform the functions authorized by this section. (d) Indian Law Enforcement Agencies.— (1) In general.— The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies— (A) to access and enter information into Federal criminal information databases; and (B) to obtain information from the databases. (2) Tribal Access Program.— (A) In general.— The Attorney General shall establish a program, to be known as the “Tribal Access Program”, to enhance the ability of tribal governments and their authorized agencies to access, enter information into, and obtain information from national criminal information databases under this section. (B) Authorization of appropriations.— There is authorized to be appropriated to carry out the Tribal Access Program under subparagraph (A) $6,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (3) Information sharing.— To the extent otherwise permitted by law, any report issued as a result of the analysis of information entered into national criminal information databases or obtained from Federal criminal databases shall be shared with each Indian tribe of jurisdiction, including Indian tribes located in the State of Maine. (e) For purposes of this section, the term “other institutions” includes— (1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and (2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers. (f) (1) Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to...

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Tort claims procedure · 28 U.S.C. ch. 171 1 section

§ 2680 Exceptions Amends

28 U.S.C. § 2680 — at 2680(h)

The law today

The provisions of this chapter and section 1346(b) of this title shall not apply to— (a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter. (c) Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer, except that the provisions of this chapter and section 1346(b) of this title apply to any claim based on injury or loss of goods, merchandise, or other property, while in the possession of any officer of customs or excise or any other law enforcement officer, if— (1) the property was seized for the purpose of forfeiture under any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense; (2) the interest of the claimant was not forfeited; (3) the interest of the claimant was not remitted or mitigated (if the property was subject to forfeiture); and (4) the claimant was not convicted of a crime for which the interest of the claimant in the property was subject to forfeiture under a Federal criminal forfeiture law..1 (d) Any claim for which a remedy is provided by chapter 309 or 311 of title 46 relating to claims or suits in admiralty against the United States. (e) Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 1–31 of Title 50, Appendix.2 (f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States. [(g) Repealed. Sept. 26, 1950, ch. 1049, § 13 (5), 64 Stat. 1043.] (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, “investigative or law enforcement officer” means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law. (i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system. (j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war. (k) Any claim arising in a foreign country. (l) Any claim arising from the activities of the Tennessee Valley Authority. (m) Any claim arising from the activities of the Panama Canal Company. (n) Any claim arising from the activities of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives.

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Labor-management relations · 29 U.S.C. ch. 7 1 section

§ 152 Definitions Amends

29 U.S.C. § 152

The law today

When used in this subchapter— (1) The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. (2) The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [45 U.S.C. 151 et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act [45 U.S.C. 151 et seq.], as amended from time to time, or by any other person who is not an employer as herein defined. (4) The term “representatives” includes any individual or labor organization. (5) The term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (6) The term “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country. (7) The term “affecting commerce” means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce. (8) The term “unfair labor practice” means any unfair labor practice listed in section 158 of this title. (9) The term “labor dispute” includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. (10) The term “National Labor Relations Board” means the National Labor Relations Board provided for in section 153 of this title. (11) The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (12) The term “professional employee” means—(a) any employee engaged in work (i) predominantly intellectu...

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Justice system improvement · 34 U.S.C. ch. 101 8 sections Amends the act as a whole

§ 10132 Bureau of Justice Statistics Amends

34 U.S.C. § 10132 — at 10132(d)

The law today

(a) Establishment There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Statistics (hereinafter referred to in this subchapter as “Bureau”). (b) Appointment of Director; experience; authority; restrictions The Bureau shall be headed by a Director appointed by the President. The Director shall have had experience in statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall be responsible for the integrity of data and statistics and shall protect against improper or illegal use or disclosure. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this Act. (c) Duties and functions of Bureau The Bureau is authorized to— (1) make grants to, or enter into cooperative agreements or contracts with public agencies, institutions of higher education, private organizations, or private individuals for purposes related to this subchapter; grants shall be made subject to continuing compliance with standards for gathering justice statistics set forth in rules and regulations promulgated by the Director; (2) collect and analyze information concerning criminal victimization, including crimes against the elderly, and civil disputes; (3) collect and analyze data that will serve as a continuous and comparable national social indication of the prevalence, incidence, rates, extent, distribution, and attributes of crime, juvenile delinquency, civil disputes, and other statistical factors related to crime, civil disputes, and juvenile delinquency, in support of national, State, tribal, and local justice policy and decisionmaking; (4) collect and analyze statistical information, concerning the operations of the criminal justice system at the Federal, State, tribal, and local levels; (5) collect and analyze statistical information concerning the prevalence, incidence, rates, extent, distribution, and attributes of crime, and juvenile delinquency, at the Federal, State, tribal, and local levels; (6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of statistical information, about criminal and civil justice systems at the Federal, State, tribal, and local levels, and about the extent, distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, tribal, and local levels; (7) compile, collate, analyze, publish, and disseminate uniform national statistics concerning all aspects of criminal justice and related aspects of civil justice, crime, including crimes against the elderly, juvenile delinquency, criminal offenders, juvenile delinquents, and civil disputes in the various States and in Indian country; (8) recommend national standards for justice statistics and for insuring the reliability and validity of justice statistics supplied pursuant to this chapter; (9) maintain liaison with the judicial branches of the Federal Government and State and tribal governments in matters relating to justice statistics, and cooperate with the judicial branch in assuring as much uniformity as feasible in statistical systems of the executive and judicial branches; (10) provide information to the President, the Congress, the judiciary, State, tribal, and local governments, and the general public on justice statistics; (11) establish or assist in the establishment of a system to provide State, tribal, and local governments with access to Federal informational resources useful in the planning, implementation, and evaluation of programs under this Act; (12) conduct or support research relating to methods of gathering or analy...

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§ 10261 Authorization of appropriations Amends

34 U.S.C. § 10261 — at 10261(a)(18) and 10261(a)(19)

The law today

(a) (1) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the Bureau of Justice Statistics. (2) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the National Institute of Justice. (3) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1994 and 1995 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, part F,1 subchapters VI, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, part V,1 subchapters XXII, and XXIII or 2 XXX. (4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XI of this chapter. (5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out the programs under subchapters IV and V (other than subpart 2 of part B) 3 (other than subpart 1 of part B of subchapter V) of this chapter. (6) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 4 1994 and 1995 to carry out subpart 1 of part B of subchapter V of this chapter. (7) There is authorized to be appropriated to carry out subchapter XIII $1,000,000 for each of fiscal years 2001 through 2005. (8) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $16,500,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 4 1994 and 1995. (9) There are authorized to be appropriated to carry out subchapter XIV— (A) $24,000,000 for fiscal year 1996; (B) $40,000,000 for fiscal year 1997; (C) $50,000,000 for fiscal year 1998; (D) $60,000,000 for fiscal year 1999; and (E) $66,000,000 for fiscal year 2000. (10) There are 5 authorized to be appropriated $10,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out projects under subchapter XV. (11) (A) There are authorized to be appropriated to carry out subchapter XVI, to remain available until expended $1,047,119,000 for each of fiscal years 2006 through 2009. (B) Of funds available under subchapter XVI in any fiscal year, up to 3 percent may be used for technical assistance under section 10381(d) of this title or for evaluations or studies carried out or commissioned by the Attorney General in furtherance of the purposes of subchapter XVI. Of the remaining funds, 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations 150,000 or less or by public and private entities that serve areas with populations 150,000 or less. In view of the extraordinary need for law enforcement assistance in Indian country, an appropriate amount of funds available under subchapter XVI shall be made available for grants to Indian tribal governments or tribal law enforcement agencies. (16)  6 There are authorized to be appropriated to carry out projects under subchapter XVII— (A) $20,000,000 for fiscal year 1996; (B) $25,000,000 for fiscal year 1997; (C) $30,000,000 for fiscal year 1998; (D) $35,000,000 for fiscal year 1999; and (E) $40,000,000 for fiscal year 2000. (17) There are authorized to be appropriated to carry out the projects under subchapter XVIII— (A) $27,000,000 for fisca...

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§ 10381 Authority to make public safety and community policing grants Amends

34 U.S.C. § 10381 — at 10381(j)

The law today

(a) Grant authorization The Attorney General shall carry out a single grant program under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b). (b) Uses of grant amounts The purposes for which grants made under subsection (a) may be made are— (1) to rehire law enforcement officers who have been laid off as a result of State, tribal, or local budget reductions for deployment in community-oriented policing; (2) to hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Nation, including by prioritizing the hiring and training of veterans (as defined in section 101 of title 38); (3) to procure equipment, technology, or support systems, or pay overtime, to increase the number of officers deployed in community-oriented policing; (4) to award grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties; (5) to support hiring activities by law enforcement agencies experiencing declines in officer recruitment applications by reducing application-related fees, such as fees for background checks, psychological evaluations, and testing; (6) to increase the number of law enforcement officers involved in activities that are focused on interaction with members of the community on proactive crime control and prevention by redeploying officers to such activities; (7) to provide specialized training to law enforcement officers to enhance their conflict resolution, mediation, problem solving, service, and other skills needed to work in partnership with members of the community; (8) to increase police participation in multidisciplinary early intervention teams; (9) to develop new technologies, including interoperable communications technologies, modernized criminal record technology, and forensic technology, to assist State, tribal, and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies; (10) to develop and implement innovative programs to permit members of the community to assist State, tribal, and local law enforcement agencies in the prevention of crime in the community, such as a citizens’ police academy, including programs designed to increase the level of access to the criminal justice system enjoyed by victims, witnesses, and ordinary citizens by establishing decentralized satellite offices (including video facilities) of principal criminal courts buildings; (11) to establish innovative programs to reduce, and keep to a minimum, the amount of time that law enforcement officers must be away from the community while awaiting court appearances; (12) to establish and implement innovative programs to increase and enhance proactive crime control and prevention programs involving law enforcement officers and young persons in the community; (13) to establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat school-related crime and disorder problems, gangs, and drug activities, including the training of school resource officers in the prevention of human trafficking offenses; (14) to develop and establish new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy; (15) to assist a State or Indian tribe in enforcing a law throughout the State or tribal community that requires that a convicted sex offender register his or her address with a State, tribal, or local law enforcement agency and be subject to criminal prosecution for failure to comply; (16) to establish, implement, and coordinate crime prevention and control prog...

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§ 10442 Establishment of Office on Violence Against Women Amends

34 U.S.C. § 10442

The law today

(a) In general There is hereby established within the Department of Justice, under the general authority of the Attorney General, an Office on Violence Against Women (in this subchapter referred to as the “Office”). (b) Separate office The Office shall be a separate and distinct office within the Department of Justice, not subsumed by any other office, headed by a Director, who shall report to the Attorney General and serve as Counsel to the Attorney General on the subject of violence against women, and who shall have final authority over all grants, cooperative agreements, and contracts awarded by the Office. (c) Jurisdiction Under the general authority of the Attorney General, the Office— (1) shall have sole jurisdiction over all duties and functions described in section 10444 of this title; and (2) shall be solely responsible for coordination with other departments, agencies, or offices of all activities authorized or undertaken under— (A) the Violence Against Women Act of 1994 (title IV of Public Law 103–322); (B) the Violence Against Women Act of 2000 (division B of Public Law 106–386); (C) the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960); (D) the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54); and (E) the Violence Against Women Act Reauthorization Act of 2022.

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§ 10443 Director of Office on Violence Against Women Amends

34 U.S.C. § 10443

The law today

(a) Appointment The President, by and with the advice and consent of the Senate, shall appoint a Director for the Office on Violence Against Women (in this subchapter referred to as the “Director”) to be responsible, under the general authority of the Attorney General, for the administration, coordination, and implementation of the programs and activities of the Office. (b) Other employment The Director shall not— (1) engage in any employment other than that of serving as Director; or (2) hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022. (c) Vacancy In the case of a vacancy, the President may designate an officer or employee who shall act as Director during the vacancy. (d) Compensation The Director shall be compensated at a rate of pay not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5.

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§ 10444 Duties and functions of Director of Office on Violence Against Women Amends

34 U.S.C. § 10444

The law today

The Director shall have the following duties: (1) Maintaining liaison with the judicial branches of the Federal and State Governments on matters relating to violence against women. (2) Providing information to the President, the Congress, the judiciary, State, local, and tribal governments, and the general public on matters relating to violence against women. (3) Serving, at the request of the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to violence against women. (4) Serving, at the request of the President, acting through the Attorney General, as the representative of the United States Government on human rights and economic justice matters related to violence against women in international fora, including, but not limited to, the United Nations. (5) Carrying out the functions of the Department of Justice under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), and the Violence Against Women Act Reauthorization Act of 2022, including with respect to those functions— (A) the development of policy, protocols, and guidelines; (B) the development and management of grant programs and other programs, and the provision of technical assistance under such programs; and (C) the award and termination of grants, cooperative agreements, and contracts. (6) Providing technical assistance, coordination, and support to— (A) other components of the Department of Justice, in efforts to develop policy and to enforce Federal laws relating to violence against women, including the litigation of civil and criminal actions relating to enforcing such laws; (B) other Federal, State, local, and tribal agencies, in efforts to develop policy, provide technical assistance, synchronize Federal definitions and protocols, and improve coordination among agencies carrying out efforts to eliminate violence against women, including Indian or indigenous women; and (C) grantees, in efforts to combat violence against women and to provide support and assistance to victims of such violence. (7) Exercising such other powers and functions as may be vested in the Director pursuant to this subchapter or by delegation of the Attorney General. (8) Establishing such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Office.

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§ 10445 Staff of Office on Violence Against Women Amends

34 U.S.C. § 10445

The law today

The Attorney General shall ensure that the Director has adequate staff to support the Director in carrying out the Director’s responsibilities under this subchapter.

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§ 10452 Grants to Indian tribal governments Amends

34 U.S.C. § 10452 — at 10452(a)

The law today

(a) Grants The Attorney General may make grants to Indian tribal governments or authorized designees of Indian tribal governments to— (1) develop and enhance effective governmental strategies to curtail violent crimes against and increase the safety of Indian women consistent with tribal law and custom; (2) increase tribal capacity to respond to domestic violence, dating violence, sexual assault, sex trafficking, and stalking crimes against Indian women; (3) strengthen tribal justice interventions including tribal law enforcement, prosecution, courts, probation,1 correctional facilities; (4) enhance services to Indian women victimized by domestic violence, dating violence, sexual assault, sex trafficking, and stalking; (5) work in cooperation with the community to develop education and prevention strategies directed toward issues of domestic violence, dating violence, sexual assault, sex trafficking, and stalking; (6) provide programs for supervised visitation and safe visitation exchange of children in situations involving domestic violence, sexual assault, or stalking committed by one parent against the other with appropriate security measures, policies, and procedures to protect the safety of victims and their children; (7) provide transitional housing for victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking, including rental or utilities payments assistance and assistance with related expenses such as security deposits and other costs incidental to relocation to transitional housing, and support services to enable a victim of domestic violence, dating violence, sexual assault, sex trafficking, or stalking to locate and secure permanent housing and integrate into a community; (8) provide legal assistance necessary to provide effective aid to victims of domestic violence, dating violence, stalking, sex trafficking, or sexual assault who are seeking relief in legal matters arising as a consequence of that abuse or violence, at minimal or no cost to the victims; (9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of youth and children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the youth or child; (10) develop and promote legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking; (11) develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in section 5704 of title 25; and (12) compile and annually report data to the Attorney General related to missing or murdered Indians, as described in section 5705 of title 25. (b) Collaboration All applicants under this section shall demonstrate their proposal was developed in consultation with a nonprofit, nongovernmental Indian victim services program, including sexual assault and domestic violence victim services providers in the tribal or local community, or a nonprofit tribal domestic violence and sexual assault coalition to the extent that they exist. In the absence of such a demonstration, the applicant may meet the requirement of this subsection through consultation with women in the community to be served.

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Juvenile justice and delinquency prevention · 34 U.S.C. ch. 111 2 sections

§ 11116 Coordinating Council on Juvenile Justice and Delinquency Prevention Amends

34 U.S.C. § 11116

The law today

(a) Establishment; membership (1) There is hereby established, as an independent organization in the executive branch of the Federal Government a Coordinating Council on Juvenile Justice and Delinquency Prevention composed of the Attorney General, the Secretary of Health and Human Services, the Assistant Secretary for Mental Health and Substance Use, the Secretary of the Interior, the Secretary of Labor, the Secretary of Education, the Secretary of Housing and Urban Development, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Director of the Office of National Drug Control Policy, the Chief Executive Officer of the Corporation for National and Community Service, the Assistant Secretary for Immigration and Customs Enforcement, such other officers of Federal agencies who hold significant decisionmaking authority as the President may designate, and individuals appointed under paragraph (2). (2) (A) Ten members shall be appointed, without regard to political affiliation, to the Council in accordance with this paragraph from among individuals who are practitioners in the field of juvenile justice and who are not officers or employees of the Federal Government. (B) (i) Three members shall be appointed by the Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives. (ii) Three members shall be appointed by the majority leader of the Senate, after consultation with the minority leader of the Senate. (iii) Three members shall be appointed by the President. (iv) One member shall be appointed by the Chairman of the Committee on Indian Affairs of the Senate, in consultation with the Vice Chairman of that Committee and the Chairman and Ranking Member of the Committee on Natural Resources of the House of Representatives. (C) (i) Of the members appointed under each of clauses (i), (ii), and (iii)— (I) 1 shall be appointed for a term of 1 year; (II) 1 shall be appointed for a term of 2 years; and (III) 1 shall be appointed for a term of 3 years; as designated at the time of appointment. (ii) Except as provided in clause (iii), a vacancy arising during the term for which an appointment is made may be filled only for the remainder of such term. (iii) After the expiration of the term for which a member is appointed, such member may continue to serve until a successor is appointed. (b) Chairman and Vice Chairman The Attorney General shall serve as Chairman of the Council. The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall serve as Vice Chairman of the Council. The Vice Chairman shall act as Chairman in the absence of the Chairman. (c) Functions (1) The function of the Council shall be to coordinate all Federal juvenile delinquency programs (in cooperation with State and local juvenile justice programs) all Federal programs and activities that detain or care for unaccompanied juveniles, and all Federal programs relating to missing and exploited children. The Council shall examine how the separate programs can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles and shall make recommendations to the President, and to the Congress, at least annually with respect to the coordination of overall policy and development of objectives and priorities for all Federal juvenile delinquency programs and activities and all Federal programs and activities that detain or care for unaccompanied juveniles. The Council shall review the programs and practices of Federal agencies and report on the degree to which Federal agency funds are used for purposes which are consistent or inconsistent with the mandates of the core requirements. The Council shall review, and make recommendations with respect to, any joint funding proposal undertaken by the Office of Juvenile Justice and Delinquency Prevention and any agency represented on the Council. The Council shall review the reasons why Fede...

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§ 11313 Grants for local delinquency prevention programs Amends

34 U.S.C. § 11313

The law today

(a) Purpose The purpose of this section is to enable local communities to address the unmet needs of at-risk or delinquent youth, including through a continuum of delinquency prevention programs for juveniles who have had contact with the juvenile justice system or who are likely to have contact with the juvenile justice system. (b) Program authorized The Administrator shall— (1) for each fiscal year for which less than $25,000,000 is appropriated under section 506,1 award grants to not fewer than 3 State entities, but not more than 5 State entities, that apply under subsection (c) and meet the requirements of subsection (d); or (2) for each fiscal year for which $25,000,000 or more is appropriated under section 506,1 award grants to not fewer than 5 State entities that apply under subsection (c) and meet the requirements of subsection (d). (c) State application To be eligible to receive a grant under this section, a State entity shall submit an application to the Administrator that includes the following: (1) An assurance the State entity will use— (A) not more than 10 percent of such grant, in the aggregate— (i) for the costs incurred by the State entity to carry out this section, except that not more than 3 percent of such grant may be used for such costs; and (ii) to provide technical assistance to eligible entities receiving a subgrant under subsection (e) in carrying out delinquency prevention programs under the subgrant; and (B) the remainder of such grant to award subgrants to eligible entities under subsection (e). (2) An assurance that such grant will supplement, and not supplant, State and local efforts to prevent juvenile delinquency. (3) An assurance the State entity will evaluate the capacity of eligible entities receiving a subgrant under subsection (e) to fulfill the requirements under such subsection. (4) An assurance that such application was prepared after consultation with, and participation by, the State advisory group, units of local government, community-based organizations, and organizations that carry out programs, projects, or activities to prevent juvenile delinquency in the local juvenile justice system served by the State entity. (d) Approval of State applications In awarding grants under this section for a fiscal year, the Administrator may not award a grant to a State entity for a fiscal year unless— (1) (A) the State that will be served by the State entity submitted a plan under section 11133 of this title for such fiscal year; and (B) such plan is approved by the Administrator for such fiscal year; or (2) after finding good cause for a waiver, the Administrator waives the plan required under subparagraph (A) for such State for such fiscal year. (e) Subgrant program (1) Program authorized (A) In general Each State entity receiving a grant under this section shall award subgrants to eligible entities in accordance with this subsection. (B) Priority In awarding subgrants under this subsection, the State shall give priority to eligible entities that demonstrate ability in— (i) plans for service and agency coordination and collaboration including the collocation of services; (ii) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; (iii) developing data-driven prevention plans, employing evidence-based prevention strategies, and conducting program evaluations to determine impact and effectiveness; (iv) identifying under the plan submitted under paragraph (5) potential savings and efficiencies associated with successful implementation of such plan; and (v) describing how such savings and efficiencies may be used to carry out delinquency prevention programs and be reinvested in the continuing implementation of such programs after the end of the subgrant period. (C) Subgrant program period and diversity of projects (i) Program period A subgrant awarded to an eligible entity by a State entity under this section shall be for a period of not more th...

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Violent crime control and law enforcement · 34 U.S.C. ch. 121 13 sections Amends the act as a whole

§ 12109 Payments for incarceration on tribal lands Amends

34 U.S.C. § 12109

The law today

(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 section 2453(a)(3) of title 25) and adult detention facilities (including regional facilities) in Indian country; (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.

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§ 12311 Training programs Amends

34 U.S.C. § 12311 — at 12311(c)

The law today

(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 2023 through 2027.

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§ 12341 Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance Amends

34 U.S.C. § 12341 — at 12341(e)(1)

The law today

(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; (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; and (4) to develop, expand, implement, and improve the quality of sexual assault forensic medical examination or sexual assault nurse examiner programs. (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 quality forensic sexual assault examinations by trained health care providers, 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 section 10452 of this title. (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...

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§ 12351 Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking Amends

34 U.S.C. § 12351

The law today

(a) In general The Attorney General, acting in consultation with the Director of the Office on Violence Against Women 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, population-specific 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 cri...

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§ 12402 Authorization of appropriations Amends

34 U.S.C. § 12402

The law today

There is authorized to be appropriated to carry out this part $3,000,000 for fiscal years 2023 through 2027.

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§ 12421 Training and services to end abuse in later life Amends

34 U.S.C. § 12421 — at 12421(b)

The law today

The Attorney General shall make grants to eligible entities in accordance with the following: (1) 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, or relevant officers in Federal, tribal, State, territorial, and local courts in recognizing and addressing instances of abuse in later life; (ii) provide or enhance services for victims of abuse in later life; (iii) establish or support multidisciplinary collaborative community responses to victims of abuse in later life; 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 leaders, victim advocates, victim service providers, courts, and first responders to better serve older victims. (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, community-based organizations, or other professionals who may identify or respond to abuse in later life; or (ii) conduct outreach activities and awareness campaigns to ensure that victims of abuse in later life 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). (2) 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; (v) a victim service provider; 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 50 years of age or over. (3) Underserved populations In making grants under this section, the Attorney General shall give priority to proposals providing services to culturally specific and underserved populations. (4) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027.

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§ 12451 Creating hope through outreach, options, services, and education for children and youth (“CHOOSE Children & Youth”) Amends

34 U.S.C. § 12451

The law today

(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, including youth in underserved populations, 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; (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; (D) clarify State or local mandatory reporting policies and practices regarding peer-on-peer dating violence, sexual assault, stalking, and sex trafficking; or (E) develop, enlarge, or strengthen culturally specific victim services and responses related to, and prevention of, female genital mutilation or cutting. (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, sex trafficking, or female genital mutilation or cutting; (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 confidential 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 ...

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§ 12463 Saving money and reducing tragedies through prevention (SMART Prevention) Amends

34 U.S.C. § 12463

The law today

(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 focusing on men and youth as leaders and influencers of social norms. (b) Use of funds Funds provided under this section may be used to develop, maintain or enhance programs that work with men and youth to prevent domestic violence, dating violence, sexual assault, and stalking by helping men and youth 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 section 2164 of title 10 or section 921 of title 20, a group of schools, or a school district. (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 [42 U.S.C. 1395 et seq.], including providers that target the special needs of children and youth. (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 section 2164 of title 10 or section 921 of title 20, a group of schools, a school district, or an institution of higher education. (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 o...

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§ 12464 Grants to support families in the justice system Amends

34 U.S.C. § 12464

The law today

(a) In general The Attorney General may make grants to States, units of local government, courts (including juvenile courts), Indian tribal governments, nonprofit organizations, legal services providers, and victim services providers to improve the response of all aspects of the civil and criminal justice system to families with a history of domestic violence, dating violence, sexual assault, or stalking, or in cases involving allegations of child sexual abuse. (b) Use of funds A grant under this section may be used to— (1) provide supervised visitation and safe visitation exchange of children and youth by and between parents in situations involving domestic violence, dating violence, child sexual abuse, sexual assault, or stalking; (2) develop and promote State, local, and tribal legislation, policies, and best practices for improving civil and criminal court functions, responses, practices, and procedures in cases involving a history of domestic violence or sexual assault, or in cases involving allegations of child sexual abuse, including cases in which the victim proceeds pro se; (3) educate court-based and court-related personnel and court-appointed personnel (including custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault, and stalking, including information on perpetrator behavior, evidence-based risk factors for domestic and dating violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the victim proceeds pro se; (4) provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual assault (including child sexual abuse), and stalking and ensure necessary services dealing with the health and mental health of victims are available; (5) enable courts or court-based or court-related programs to develop or enhance— (A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services); (B) community-based initiatives within the court system (such as court watch programs, victim assistants, pro se victim assistance programs, or community-based supplementary services); (C) offender management, monitoring, and accountability programs; (D) safe and confidential information-storage and information-sharing databases within and between court systems; (E) education and outreach programs to improve community access, including enhanced access for underserved populations; and (F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; (6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to— (A) victims of domestic violence; and (B) nonoffending parents in matters— (i) that involve allegations of child sexual abuse; (ii) that relate to family matters, including civil protection orders, custody, and divorce; and (iii) in which the other parent is represented by counsel; (7) collect data and provide training and technical assistance, including developing State, local, and tribal model codes and policies, to improve the capacity of grantees and communities to address the civil justice needs of victims of domestic violence, dating violence, sexual assault, and stalking who have legal representation, who are proceeding pro se, or who are proceeding with the assistance of a legal advocate; and (8) improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system. (c) Considerations (1) In general In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider— (A) the number of families to be served by the proposed programs and services; (B) the extent to...

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§ 12474 Collaborative grants to increase the long-term stability of victims Amends

34 U.S.C. § 12474 — at 12474(i)

The law today

(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 l...

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§ 12475 Grants to combat violence against women in public and assisted housing Amends

34 U.S.C. § 12475

The law today

(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 Office on Violence Against Women 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, population-specific organizations, 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 ass...

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§ 12501 Grant for national resource center on workplace responses to assist victims of domestic and sexual violence Amends

34 U.S.C. § 12501

The law today

(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 and sexual harassment. The resource center shall provide information and assistance to employers, labor organizations, and victim service providers 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, public entities such as public institutions of higher education and State and local governments, and employers with fewer than 20 employees) 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, stalking, and sexual harassment impacting the workplace, including the needs of underserved communities, which materials shall include a website with resources for employers with fewer than 20 employees, including live training materials. (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 or sexual harassment. (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 or sexual harassment; (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) Pathways to Opportunity Pilot Project An eligible nonprofit nongovernmental entity or tribal organization that receives a grant under this section may develop a plan to enhance the capacity of survivors to obtain and maintain employment, including through the implementation of a demonstration pilot program to be known as “Pathways to Opportunity”, which shall— (1) build collaborations between and among victim service providers, workforce development programs, and educational and vocational institutions to provide trauma informed programming to support survivors seeking employment; and (2) be centered around culturally specific organizations or organizations that primarily serve populations traditionally marginalized in the workplace. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2023 through 2...

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§ 12511 Sexual assault services program Amends

34 U.S.C. § 12511 — at 12511(f)(1)

The law today

(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, direct payments, 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,...

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Victim rights, compensation, and assistance · 34 U.S.C. ch. 201 6 sections Amends the act as a whole

§ 20121 Legal assistance for victims Amends

34 U.S.C. § 20121

The law today

(a) In general The purpose of this section is to enable the Attorney General to award grants to increase the availability of civil and criminal legal assistance necessary to provide effective aid to adult and youth victims of domestic violence, dating violence, stalking, or sexual assault who are seeking relief in legal matters relating to or arising out of that abuse or violence, at minimal or no cost to the victims. When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided. Criminal legal assistance provided for under this section shall be limited to criminal matters relating to or arising out of domestic violence, sexual assault, dating violence, and stalking. (b) Definitions and grant conditions In this section, the definitions and grant conditions provided in section 12291 of this title shall apply. (c) Legal assistance for victims grants The Attorney General may award grants under this subsection to private nonprofit entities, Indian tribal governments and tribal organizations, territorial organizations, and publicly funded organizations not acting in a governmental capacity such as law schools, and which shall be used— (1) to implement, expand, and establish cooperative efforts and projects between domestic violence, dating violence, and sexual assault victim service providers and legal assistance providers to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault; (2) to implement, expand, and establish efforts and projects to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and (3) to implement, expand, and establish efforts and projects to provide competent, supervised pro bono legal assistance for victims of domestic violence, dating violence, sexual assault, or stalking, except that not more than 10 percent of the funds awarded under this section may be used for the purpose described in this paragraph. (d) Eligibility To be eligible for a grant under subsection (c), applicants shall certify in writing that— (1) any person providing legal assistance through a program funded under this section— (A) (i) is a licensed attorney or is working under the direct supervision of a licensed attorney; (ii) in immigration proceedings, is a Board of Immigration Appeals accredited representative; (iii) in Veterans’ Administration claims, is an accredited representative; or (iv) is any person who functions as an attorney or lay advocate in Tribal court; and (B) (i) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or (ii) (I) is partnered with an entity or person that has demonstrated expertise described in clause (i); and (II) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide; (2) any training program conducted in satisfaction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a tribal, State, territorial, local, or culturally specific domestic violence, dating violence, sexual assault or stalking victim service provider or coalition, as well as appropriate tribal, State, territorial, and local law enforcement officials; (3) any person or organization providing legal assistance through a program funded under subsection (c) has informed and will continue to inform State, local, or tribal domestic violence, dating violence, or sexual assault programs and coalitions, as well as appropriate State and local law enforcement officials of their work; and (4) the grantee’s organizational policies do not requ...

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§ 20122 Education, training, and enhanced services to end violence against and abuse of individuals with disabilities and Deaf people Amends

34 U.S.C. § 20122

The law today

(a) In general The Attorney General, in consultation with the Secretary of Health and Human Services, may award grants to eligible entities— (1) to provide training, consultation, and information on domestic violence, dating violence, stalking, sexual assault, and abuse by caregivers against individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) and Deaf people; and (2) to enhance direct services to such individuals. (b) Use of funds Grants awarded under this section shall be used— (1) to provide personnel, training, technical assistance, advocacy, intervention, risk reduction (including using evidence-based indicators to assess the risk of domestic and dating violence homicide) and prevention of domestic violence, dating violence, stalking, and sexual assault against individuals with disabilities and Deaf people; (2) to conduct outreach activities to ensure that individuals with disabilities and Deaf people who are victims of domestic violence, dating violence, stalking, or sexual assault receive appropriate assistance; (3) to conduct cross-training for victim service organizations, governmental agencies, courts, law enforcement and other first responders, and nonprofit, nongovernmental organizations serving individuals with disabilities about risk reduction, intervention, prevention and the nature of domestic violence, dating violence, stalking, and sexual assault for individuals with disabilities and Deaf people; (4) to provide technical assistance to assist with modifications to existing policies, protocols, and procedures to ensure equal access to the services, programs, and activities of victim service providers for individuals with disabilities and Deaf people; (5) to provide training and technical assistance on the requirements of shelters and victim service providers under Federal antidiscrimination laws, including— (A) the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]; and (B) section 794 of title 29; (6) to modify facilities, purchase equipment, and provide personnel so that shelters and victim service organizations can accommodate the needs of individuals with disabilities and Deaf people; (7) to provide advocacy and intervention services for individuals with disabilities and Deaf people who are victims of domestic violence, dating violence, stalking, or sexual assault; or (8) to develop model programs to enhance the capacity of organizations serving individuals with disabilities and Deaf people who are victims of domestic violence, dating violence, sexual assault, or stalking. (c) Eligible entities (1) In general An entity shall be eligible to receive a grant under this section if the entity is— (A) a State; (B) a unit of local government; (C) an Indian tribal government or tribal organization; or (D) a victim service provider, such as a State or tribal domestic violence or sexual assault coalition or a nonprofit, nongovernmental organization serving individuals with disabilities and Deaf people. (2) Limitation A grant awarded for the purpose described in subsection (b)(8) shall only be awarded to an eligible agency (as defined in section 796f–5 1 of title 29). (d) Underserved populations In awarding grants under this section, the Director shall ensure that the needs of underserved populations are being addressed. (e) Authorization of appropriations There are authorized to be appropriated $15,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

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§ 20123 Grants for outreach and services to underserved populations Amends

34 U.S.C. § 20123

The law today

(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) Section 10441 of this title (Grants to Combat Violent Crimes Against Women). (B) Section 10461 of this title (Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program). (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, Native Hawaiian, 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 response of criminal and civil justice interventions by providing population-specific training for law enforcement, prosecutors, judges and other court personnel on domestic violence, dating violence, sexual ...

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§ 20124 Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking Amends

34 U.S.C. § 20124 — at 20124(a)(1)

The law today

(a) Establishment (1) In general Of the amounts appropriated under certain grant programs identified in paragraph (2), the Attorney General, through the Director of the Office on Violence Against Women (referred to in this section as the “Director”), shall take 15 percent of such appropriated amounts for the program under paragraph (2)(A) and 5 percent of such appropriated amounts for the programs under subparagraphs (B) through (E) of paragraph (2) 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) Section 10461 of this title (Grants to Encourage Arrest Policies and Enforcement of Protection Orders). (B) Section 20121 of this title 1 (Legal Assistance for Victims). (C) Section 12341 of this title (Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement Assistance). (D) Section 14041a of title 42 (Enhanced Training and Services to End Violence Against Women Later in Life).1 (E) Section 20122 of this title (Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with Disabilities). (3) Additional authorization of appropriations In addition to the amounts made available under paragraph (1), there are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2027. (4) Distribution (A) In general Of the total amount available for grants under this section, not less than 40 percent of such funds shall be allocated for programs or projects that meaningfully address non-intimate partner relationship sexual assault. (B) Alternative allocation Notwithstanding 12291(b)(11) 2 of this title, the Director may allocate a portion of funds described in subparagraph (A) to enhanced technical assistance relating to non-intimate partner sexual assault if the Office on Violence Against Women does not receive sufficient qualified applications proposing to address non-intimate partner relationship sexual assault. (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 facili...

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§ 20125 Grants to combat violent crimes on campuses Amends

34 U.S.C. § 20125

The law today

(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) 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 all participants in the resolution process, including personnel from the Title IX coordinator’s office, student conduct office, and campus disciplinary or judicial boards on such policies, protocols, and services that promote a prompt, fair, and impartial investigation. (3) To provide prevention and education programming about domestic violence, dating violence, sexual assault, and stalking, including technological abuse and reproductive and sexual coercion, that is age-appropriate, culturally relevant, ongoing, delivered in multiple venues on campus, accessible, promotes respectful nonviolent behavior as a social norm, and engages men and boys. Such programming should be developed in partnership or collaboratively with experts in intimate partner and sexual violence prevention and intervention. (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 disciplin...

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§ 20126 Consultation Amends

34 U.S.C. § 20126

The law today

(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 Public Law 103–322; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), and the Violence Against Women Reauthorization Act of 2013. (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, homicide, stalking, and sex trafficking; (3) strengthening the Federal response to such violent crimes; and (4) improving access to local, regional, State, and Federal crime information databases and criminal justice information systems. (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.

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Victims of child abuse · 34 U.S.C. ch. 203 2 sections

§ 20324 Authorization of appropriations Amends

34 U.S.C. § 20324 — at 20324(a)

The law today

(a) Authorization There is authorized to be appropriated to carry out this subchapter $12,000,000 for each of fiscal years 2023 through 2027. (b) Limitation No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 1 for such fiscal year is not less than the aggregate amount appropriated to carry out such title for the preceding fiscal year. (c) Prohibition on lobbying No funds authorized under this subchapter may be used for lobbying activities in contravention of OMB Circular No. A–122.

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§ 20334 Authorization of appropriations Amends

34 U.S.C. § 20334 — at 20334(a)

The law today

(a) Authorization There is authorized to be appropriated to carry out this subchapter $2,300,000 for each of fiscal years 2023 through 2027 1 (b) Use of funds Of the amounts appropriated in subsection (a), not less than 80 percent shall be used for grants under section 20333(b) of this title. (c) Limitation No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 2 for such fiscal year is not less than the aggregate amount appropriated to carry out such title for the preceding fiscal year.

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Child protection and safety · 34 U.S.C. ch. 209 1 section

§ 20961 Access to national crime information databases Amends

34 U.S.C. § 20961 — at 20961(a)

The law today

(a) In general Notwithstanding any other provision of law, the Attorney General shall ensure access to the national crime information databases (as defined in section 534 of title 28) by— (1) the National Center for Missing and Exploited Children, to be used only within the scope of the Center’s duties and responsibilities under Federal law to assist or support law enforcement agencies in administration of criminal justice functions; and (2) governmental social service agencies with child protection responsibilities, to be used by such agencies only in investigating or responding to reports of child abuse, neglect, or exploitation. (b) Conditions of access The access provided under this section, and associated rules of dissemination, shall be— (1) defined by the Attorney General; and (2) limited to personnel of the Center or such agencies that have met all requirements set by the Attorney General, including training, certification, and background screening.

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Rape survivor child custody · 34 U.S.C. ch. 213 1 section

§ 21308 Authorization of appropriations Amends

34 U.S.C. § 21308

The law today

There is authorized to be appropriated to carry out this chapter $5,000,000 for each of fiscal years 2023 through 2027.

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Dna identification · 34 U.S.C. ch. 407 1 section

§ 40723 Sexual assault forensic exam program grants Amends

34 U.S.C. § 40723 — at 40723(c)(1)

The law today

(a) Definitions In this section: (1) Eligible entity The term “eligible entity” includes— (A) a State, Tribal, or local government or hospital; (B) a sexual assault examination program, including— (i) a SANE program; (ii) a SAFE program; (iii) a SART program; (iv) medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and (v) a victim service provider involved in treating victims of sexual assault; (C) a State sexual assault coalition; (D) a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE; (E) a sexual assault examination program that provides SANE or SAFE training; and (F) a community-based program that provides sexual assault forensic examinations, including pediatric forensic exams in a multidisciplinary setting, by a qualified or certified SANE or SAFE outside of a traditional health care setting. (2) Health care facility The term “health care facility” means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients. (3) Medical forensic examination; MFE The term “medical forensic examination” or “MFE” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and (F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence. (4) Pediatric SANE and SAFE The term “pediatric SANE and SAFE” means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18. (5) Qualified personnel The term “qualified personnel” includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations. (6) Qualified SANE and SAFE training program The term “qualified SANE and SAFE training program” means a program that— (A) is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training; (B) provides that preparation under a health care model that uses trauma-informed techniques; and (C) is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners. (7) Rural area The term “rural area” has the meaning given the term in section 12291 of this title. (8) Secretary The term “Secretary” means the Secretary of Health and Human Services. (9) Sexual assault The term “sexual assault” means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent. (10) Sexual assault forensic examiner; SAFE The term “sexual assault forensic examiner” or “SAFE” means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (11) Sexual assault forensic examination The term “sexual assault forensic examination” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which...

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Public health service · 42 U.S.C. ch. 6A 3 sections

§ 280b-1b Use of allotments for rape prevention education Amends

42 U.S.C. § 280b-1b

The law today

(a) Permitted use The Secretary, acting through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, shall award targeted grants to States to be used for rape prevention and education programs conducted by rape crisis centers, State, territorial or tribal sexual assault coalitions, and other public and private nonprofit entities for— (1) educational seminars; (2) the operation of hotlines or utilization of other communication technologies for purposes related to such a hotline; (3) training programs for professionals, including school-based professionals, to identify and refer students who may have experienced or are at risk of experiencing sexual violence; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; (6) education to increase awareness about drugs and alcohol used to facilitate rapes or sexual assaults; and (7) other efforts to increase awareness of the facts about, or to help prevent, sexual violence, sexual assault, and sexual harassment, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities (as defined in section 12102 of this title) and Deaf individuals. (b) Collection and dissemination of information on sexual assault The Secretary shall, through the National Resource Center on Sexual Assault established under the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, provide resource information, policy, training, and technical assistance to Federal, State, local, and Indian Tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault, including maintenance of a central resource library in order to collect, prepare, analyze, and disseminate information and statistics and analyses thereof relating to the incidence and prevention of sexual assault. (c) Meaningful involvement of State sexual assault coalitions, culturally specific organizations, and underserved communities In awarding funds to States under this section, the Secretary shall set forth procedures designed to ensure meaningful involvement of sexual assault coalitions, culturally specific organizations, and representatives from underserved communities of the State or territory in the application for, and implementation of, funding. (d) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2023 through 2027. (2) National sexual violence resource center allotment Of the total amount made available under this subsection in each fiscal year, not less than $1,500,000 shall be available for allotment under subsection (b). (3) Baseline funding for States, the District of Columbia, and Puerto Rico A minimum allocation of $150,000 shall be awarded in each fiscal year for each of the States, the District of Columbia, and Puerto Rico. A minimum allocation of $35,000 shall be awarded in each fiscal year for each Territory. Any unused or remaining funds shall be allotted to each State, the District of Columbia, and Puerto Rico on the basis of population. Not less than 80 percent of the total amount made available under this subsection in each fiscal year shall be awarded in accordance with this paragraph. (4) State, territorial, and Tribal sexual assault coalition allotment (A) In general Of the total amount appropriated under this subsection for a fiscal year, not less than 15 percent shall be allocated to State, territorial, and Tribal sexual assault coalitions for the purposes of coordinating and providing prevention activities, providing assistance to prevention programs, and collaborating and coordinating with applicable Federal, State, Tribal...

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§ 280b-4 Study conducted by the Centers for Disease Control and Prevention Amends

42 U.S.C. § 280b-4 — at 280b-4(c)

The law today

(a) Purposes The Secretary of Health and Human Services acting through the National Center for Injury Prevention and Control at the Centers for Disease Control 1 Prevention shall make grants to entities, including domestic and sexual assault coalitions and programs, research organizations, tribal organizations, and academic institutions to support research to examine prevention and intervention programs to further the understanding of sexual and domestic violence by and against adults, youth, and children. (b) Use of funds The research conducted under this section shall include evaluation and study of best practices for reducing and preventing violence against adults, youth, and children addressed by the strategies included in Department of Health and Human Services-related provisions 2 this title,3 including strategies addressing underserved communities. (c) Authorization of appropriations There shall be authorized to be appropriated to carry out this title 3 $1,000,000 for each of fiscal years 2023 through 2027.

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§ 280g-4 Grants to strengthen the healthcare system’s response to domestic violence, dating violence, sexual assault, and stalking Amends

42 U.S.C. § 280g-4

The law today

(a) In general The Secretary shall award grants for— (1) the development or enhancement and implementation of interdisciplinary training for health professionals, public health staff, community health workers, violence prevention advocates working with health providers, and allied health professionals; (2) the development or enhancement and implementation of education programs for medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current health care providers (including midwives and doulas); (3) the development or enhancement and implementation of comprehensive statewide strategies to improve the capacity of clinics, public health facilities, hospitals, and other health settings (including behavioral and mental health programs) to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; (4) the development or enhancement and implementation of training programs to improve the capacity of early childhood programs to address domestic violence, dating violence, sexual assault, and stalking among families they serve; and (5) the development or enhancement and implementation of comprehensive statewide strategies for health and violence prevention programs to work together to promote primary prevention of domestic violence, dating violence, sexual assault, and stalking. (b) Use of funds (1) Required uses Amounts provided under a grant under this section shall be used to— (A) fund interdisciplinary training and education programs under paragraphs (1) and (2) of subsection (a) that— (i) are designed to train medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current health care providers to provide universal education on healthy relationships and provide trauma-informed health care services (including mental or behavioral health care services and referrals to appropriate community services) to individuals who are or who have been victims of domestic violence, dating violence, sexual assault, or stalking; (ii) plan and develop training components that center the experiences of, and are developed in collaboration with, culturally specific individuals and American Indians and Alaska Natives, and include community-defined practices such as the use of doulas, midwives, and traditional healers, for integration into approved internship, residency, and fellowship training or continuing medical or other health education training that address physical, mental, and behavioral health issues, including protective factors, related to domestic violence, dating violence, sexual assault, stalking, and other forms of violence and abuse (including labor and sex trafficking), focus on reducing health inequities and preventing violence and abuse, and include the primacy of victim safety and confidentiality; (iii) are designed to be inclusive of the experiences of all individuals, including LGBT individuals, and include training on improving equity and reducing disparities in access to health care services and prevention resources; and (iv) include training on the use of a universal prevention education approach to both prevent and respond to domestic violence, dating violence, sexual assault, or stalking in health care settings; (B) design and implement comprehensive strategies to improve the capacity of the health care system to prevent and respond to domestic or sexual violence in clinical and public health settings, hospitals, clinics, and other health settings (including behavioral and mental health), under subsection (a)(3) through— (i) the implementation, dissemination, and evaluation of policies and procedures to guide health professionals and public health staff in identifying, responding to, and promoting prevention of domestic violence, dating violence, sexual assault, and stalking during in-person or virtual visits, including strategies to ensure that health information is...

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Homeless assistance · 42 U.S.C. ch. 119 1 section Amends the act as a whole

§ 11386a Selection criteria Amends

42 U.S.C. § 11386a

The law today

(a) In general The Secretary shall award funds to recipients through a national competition between geographic areas based on criteria established by the Secretary. (b) Required criteria (1) In general The criteria established under subsection (a) shall include— (A) the previous performance of the recipient regarding homelessness, including performance related to funds provided under section 11372 of this title (except that recipients applying from geographic areas where no funds have been awarded under this part, or under parts C, D, E, or F of subchapter IV of this chapter, as in effect prior to May 20, 2009, shall receive full credit for performance under this subparagraph), measured by criteria that shall be announced by the Secretary, that shall take into account barriers faced by individual homeless people, and that shall include— (i) the length of time individuals and families remain homeless; (ii) the extent to which individuals and families who leave homelessness experience additional spells of homelessness; (iii) the thoroughness of grantees in the geographic area in reaching homeless individuals and families; (iv) overall reduction in the number of homeless individuals and families; (v) jobs and income growth for homeless individuals and families; (vi) success at reducing the number of individuals and families who become homeless; (vii) other accomplishments by the recipient related to reducing homelessness; and (viii) for collaborative applicants that have exercised the authority under section 11382(j) of this title to serve families with children and youth defined as homeless under other Federal statutes, success in achieving the goals and outcomes identified in subsection (b)(1)(F); (B) the plan of the recipient, which shall describe— (i) how the number of individuals and families who become homeless will be reduced in the community; (ii) how the length of time that individuals and families remain homeless will be reduced; (iii) how the recipient will collaborate with local education authorities to assist in the identification of individuals and families who become or remain homeless and are informed of their eligibility for services under part B of subchapter VI of this chapter (42 U.S.C. 11431 et seq.); (iv) the extent to which the recipient will— (I) address the needs of all relevant subpopulations; (II) incorporate comprehensive strategies for reducing homelessness, including the interventions referred to in section 11386b(d) of this title; (III) set quantifiable performance measures; (IV) set timelines for completion of specific tasks; (V) identify specific funding sources for planned activities; and (VI) identify an individual or body responsible for overseeing implementation of specific strategies; and (v) whether the recipient proposes to exercise authority to use funds under section 11382(j) of this title, and if so, how the recipient will achieve the goals and outcomes identified in subsection (b)(1)(F); (C) the methodology of the recipient used to determine the priority for funding local projects under section 11382(c)(1) of this title, including the extent to which the priority-setting process— (i) uses periodically collected information and analysis to determine the extent to which each project has resulted in rapid return to permanent housing for those served by the project, taking into account the severity of barriers faced by the people the project serves; (ii) considers the full range of opinions from individuals or entities with knowledge of homelessness in the geographic area or an interest in preventing or ending homelessness in the geographic area; (iii) is based on objective criteria that have been publicly announced by the recipient; and (iv) is open to proposals from entities that have not previously received funds under this part; (D) the extent to which the amount of assistance to be provided under this part to the recipient will be supplemented with resources from other public and pr...

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Violent crime control and law enforcement · 42 U.S.C. ch. 136 1 section

§ 14045d Transferred Amends

42 U.S.C. § 14045d

This section is transferred in the current Code.

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Violence Against Women Reauthorization Act of 2019

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S 2920 — Violence Against Women Reauthorization Act of 2019

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