Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
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---
type: "LegalText"
title: "34 U.S.C. § 12101"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12101"
citation: "34 U.S.C. § 12101"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
source_identifier: "/us/usc/t34/s12101"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12101 - Definitions
## Text
Unless otherwise provided, for purposes of this part—
(1) the term “indeterminate sentencing” means a system by which—
(A) the court may impose a sentence of a range defined by statute; and
(B) an administrative agency, generally the parole board, or the court, controls release within the statutory range;
(2) the term “part 1 violent crime” means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports; and
(3) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 103322, title II, § 20101, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132115; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13701 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 20101 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1815, related to grants for correctional facilities prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
@@ -0,0 +1,65 @@
---
type: "LegalText"
title: "34 U.S.C. § 12102"
description: "Authorization of grants"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12102"
citation: "34 U.S.C. § 12102"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12102 - Authorization of grants
## Text
(a) In general The Attorney General shall provide Violent Offender Incarceration grants under section 12103 of this title and Truth-in-Sentencing Incentive grants under section 12104 of this title to eligible States—
(1) to build or expand correctional facilities to increase the bed capacity for the confinement of persons convicted of a part 1 violent crime or adjudicated delinquent for an act which if committed by an adult, would be a part 1 violent crime;
(2) to build or expand temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens, for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a part 1 violent crime;
(3) to build or expand jails; and
(4) to carry out any activity referred to in section 10631(b) of this title.
(b) Regional compacts (1) In general Subject to paragraph (2), States may enter into regional compacts to carry out this part. Such compacts shall be treated as States under this part.
(2) Requirement To be recognized as a regional compact for eligibility for a grant under section 12103 or 12104 of this title, each member State must be eligible individually.
(3) Limitation on receipt of funds No State may receive a grant under this part both individually and as part of a compact.
(c) Applicability Notwithstanding the eligibility requirements of section 12104 of this title, a State that certifies to the Attorney General that, as of April 26, 1996, such State has enacted legislation in reliance on this part, as enacted on September 13, 1994, and would in fact qualify under those provisions, shall be eligible to receive a grant for fiscal year 1996 as though such State qualifies under section 12104 of this title.
(Pub. L. 103322, title II, § 20102, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132115; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 110199, title I, § 104(a), Apr. 9, 2008, 122 Stat. 669.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13702 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 20102 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1816, related to Truth in Sentencing Incentive Grants prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
Amendments2008—Subsec. (a)(4). Pub. L. 110199 added par. (4).
Statutory Notes and Related Subsidiaries
Construction of 2008 AmendmentFor construction of amendments by Pub. L. 110199 and requirements for grants made under such amendments, see section 60504 of this title.
@@ -0,0 +1,63 @@
---
type: "LegalText"
title: "34 U.S.C. § 12103"
description: "Violent offender incarceration grants"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12103"
citation: "34 U.S.C. § 12103"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12103 - Violent offender incarceration grants
## Text
(a) Eligibility for minimum grant To be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time deemed necessary to protect the public.
(b) Additional amount for increased percentage of persons sentenced and time served A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has, since 1993—
(1) increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or
(2) increased the average prison time actually served or the average percent of sentence served by persons convicted of a part 1 violent crime.
Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (c).
(c) Additional amount for increased rate of incarceration and percentage of sentence served A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has—
(1) since 1993, increased the percentage of persons arrested for a part 1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a part 1 violent crime; or
(2) has increased by 10 percent or more over the most recent 3-year period the number of new court commitments to prison of persons convicted of part 1 violent crimes.
Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (b).
(Pub. L. 103322, title II, § 20103, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132116; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13703 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 20103 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1817, related to Violent Offender Incarceration Grants prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
Statutory Notes and Related Subsidiaries
Controlled Substance Testing and Intervention; Availability of FundsPub. L. 104208, div. A, title I, § 101(a) [title I], Sept. 30, 1996, 110 Stat. 3009, 300914, provided in part: “That beginning in fiscal year 1999, and thereafter, no funds shall be available to make grants to a State pursuant to section 20103 or section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 [34 U.S.C. 12103, 12104] unless no later than September 1, 1998, such State has implemented a program of controlled substance testing and intervention for appropriate categories of convicted offenders during periods of incarceration and criminal justice supervision, with sanctions including denial or revocation of release for positive controlled substance tests, consistent with guidelines issued by the Attorney General”.
@@ -0,0 +1,73 @@
---
type: "LegalText"
title: "34 U.S.C. § 12104"
description: "Truth-in-sentencing incentive grants"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12104"
citation: "34 U.S.C. § 12104"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12104 - Truth-in-sentencing incentive grants
## Text
(a) Eligibility To be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that demonstrates that—
(1) (A) such State has implemented truth-in-sentencing laws that—
(i) require persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or
(ii) result in persons convicted of a part 1 violent crime serving on average not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior);
(B) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, not later than 3 years after such State submits an application to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or
(C) in the case of a State that on April 26, 1996, practices indeterminate sentencing with regard to any part 1 violent crime—
(i) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the prison term established under the States sentencing and release guidelines; or
(ii) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the maximum prison term allowed under the sentence imposed by the court (not counting time not actually served such as administrative or statutory incentives for good behavior); and
(2) such State has provided assurances that it will follow guidelines established by the Attorney General in reporting, on a quarterly basis, information regarding the death of any person who is in the process of arrest, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, or other local or State correctional facility (including any juvenile facility) that, at a minimum, includes—
(A) the name, gender, race, ethnicity, and age of the deceased;
(B) the date, time, and location of death; and
(C) a brief description of the circumstances surrounding the death.
(b) Exception Notwithstanding subsection (a), a State may provide that the Governor of the State may allow for the earlier release of—
(1) a geriatric prisoner; or
(2) a prisoner whose medical condition precludes the prisoner from posing a threat to the public, but only after a public hearing in which representatives of the public and the prisoners victims have had an opportunity to be heard regarding a proposed release.
(Pub. L. 103322, title II, § 20104, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132116; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 106297, § 2, Oct. 13, 2000, 114 Stat. 1045.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13704 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 20104 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1818, related to Federal share matching requirement prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
Amendments2000—Subsec. (a). Pub. L. 106297 redesignated par. (1) as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated par. (2) as subpar. (B), redesignated par. (3) as subpar. (C) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2).
@@ -0,0 +1,61 @@
---
type: "LegalText"
title: "34 U.S.C. § 12105"
description: "Special rules"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12105"
citation: "34 U.S.C. § 12105"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12105 - Special rules
## Text
(a) Sharing of funds with counties and other units of local government (1) Reservation Each State shall reserve not more than 15 percent of the amount of funds allocated in a fiscal year pursuant to section 12106 of this title for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities.
(2) Factors for determination of amount To determine the amount of funds to be reserved under this subsection, a State shall consider the burden placed on a county or unit of local government that results from the implementation of policies adopted by the State to carry out section 12103 or 12104 of this title.
(b) Use of truth-in-sentencing and violent offender incarceration grants Funds provided under section 12103 or 12104 of this title may be applied to the cost of—
(1) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails;
(2) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and
(3) providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General.
(c) Funds for juvenile offenders Notwithstanding any other provision of this part, if a State, or unit of local government located in a State that otherwise meets the requirements of section 12103 or 12104 of this title, certifies to the Attorney General that exigent circumstances exist that require the State to expend funds to build or expand facilities to confine juvenile offenders other than juvenile offenders adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime, the State may use funds received under this part to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders.
(d) Private facilities A State may use funds received under this part for the privatization of facilities to carry out the purposes of section 12102 of this title.
(e) “Part 1 violent crime” defined For purposes of this part, “part 1 violent crime” means a part 1 violent crime as defined in section 12101(3) 11 So in original. Probably should be section “12101(2)”. of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.
(Pub. L. 103322, title II, § 20105, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132117; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 105277, div. E, § 3, Oct. 21, 1998, 112 Stat. 2681760; Pub. L. 107273, div. A, title III, § 307, Nov. 2, 2002, 116 Stat. 1783.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13705 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 20105 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1818, related to rules and regulations prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
Amendments2002—Subsec. (b). Pub. L. 107273 substituted “Use of truth-in-sentencing and violent offender incarceration grants” for “Additional requirements” in heading and amended text generally, substituting provisions relating to use of funds for juveniles in adult prisons or under the jurisdiction of an adult criminal court for provisions relating to additional requirements for grant eligibility. 1998—Subsec. (b). Pub. L. 105277 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “To be eligible to receive a grant under section 13703 or 13704 of this title, a State shall provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after April 26, 1996, policies that provide for the recognition of the rights and needs of crime victims.”
@@ -0,0 +1,59 @@
---
type: "LegalText"
title: "34 U.S.C. § 12106"
description: "Formula for grants"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12106"
citation: "34 U.S.C. § 12106"
status: "current"
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release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12106 - Formula for grants
## Text
(a) Allocation of violent offender incarceration grants under section 12103 (1) Formula allocation 85 percent of the amount available for grants under section 12103 of this title for any fiscal year shall be allocated as follows (except that a State may not receive more than 9 percent of the total amount of funds made available under this paragraph):
(A) 0.75 percent shall be allocated to each State that meets the requirements of section 12103(a) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under section 12103(a) of this title, shall each be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 12103(b) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 12103(b) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made.
(2) Additional allocation 15 percent of the amount available for grants under section 12103 of this title for any fiscal year shall be allocated to each State that meets the requirements of section 12103(c) of this title as follows:
(A) 3.0 percent shall be allocated to each State that meets the requirements of section 12103(c) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under such subsection, shall each be allocated 0.03 percent.
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 12103(c) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 12102(c) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made.
(b) Allocation of truth-in-sentencing grants under section 12104 The amounts available for grants for section 12104 of this title shall be allocated to each State that meets the requirements of section 12104 of this title in the ratio that the average annual number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made bears to the average annual number of part 1 violent crimes reported by States that meet the requirements of section 12104 of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, except that a State may not receive more than 25 percent of the total amount available for such grants.
(c) Unavailable data If data regarding part 1 violent crimes in any State is substantially inaccurate or is unavailable for the 3 years preceding the year in which the determination is made, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous year for the State for the purposes of allocation of funds under this part.
(d) Regional compacts In determining the amount of funds that States organized as a regional compact may receive, the Attorney General shall first apply the formula in either subsection (a) or (b) and (c) of this section to each member State of the compact. The States organized as a regional compact may receive the sum of the amounts so determined.
(Pub. L. 103322, title II, § 20106, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132118; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13706 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 20106 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1818, related to technical assistance and training prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
@@ -0,0 +1,45 @@
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12107"
citation: "34 U.S.C. § 12107"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 34 U.S.C. § 12107 - Accountability
## Text
(a) Fiscal requirements A State that receives funds under this part shall use accounting, audit, and fiscal procedures that conform to guidelines prescribed by the Attorney General, and shall ensure that any funds used to carry out the programs under section 12102(a) of this title shall represent the best value for the State governments at the lowest possible cost and employ the best available technology.
(b) Administrative provisions The administrative provisions of sections 10221 and 10222 of this title shall apply to the Attorney General under this part in the same manner that such provisions apply to the officials listed in such sections.
(Pub. L. 103322, title II, § 20107, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132119; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13707 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 20107 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1818, related to evaluation of programs prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
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# 34 U.S.C. § 12108 - Authorization of appropriations
## Text
(a) In general (1) Authorizations There are authorized to be appropriated to carry out this part—
(A) $997,500,000 for fiscal year 1996;
(B) $1,330,000,000 for fiscal year 1997;
(C) $2,527,000,000 for fiscal year 1998;
(D) $2,660,000,000 for fiscal year 1999; and
(E) $2,753,100,000 for fiscal year 2000.
(2) Distribution (A) In general Of the amounts remaining after the allocation of funds for the purposes set forth under sections 12110, 12111, and 12109 of this title, the Attorney General shall, from amounts authorized to be appropriated under paragraph (1) for each fiscal year, distribute 50 percent for incarceration grants under section 12103 of this title, and 50 percent for incentive grants under section 12104 of this title.
(B) Distribution of minimum amounts The Attorney General shall distribute minimum amounts allocated for section 12103(a) of this title to an eligible State not later than 30 days after receiving an application that demonstrates that such State qualifies for a Violent Offender Incarceration grant under section 12103 of this title or a Truth-in-Sentencing Incentive grant under section 12104 of this title.
(b) Limitations on funds (1) Uses of funds Except as provided in section 11 So in original. Probably should be “sections”. 12110 and 12111 of this title, funds made available pursuant to this section shall be used only to carry out the purposes described in section 12102(a) of this title.
(2) Nonsupplanting requirement Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources.
(3) Administrative costs Not more than 3 percent of the funds that remain available after carrying out sections 12109, 12110, and 12111 of this title shall be available to the Attorney General for purposes of—
(A) administration;
(B) research and evaluation, including assessment of the effect on public safety and other effects of the expansion of correctional capacity and sentencing reforms implemented pursuant to this part;
(C) technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this part; and
(D) data collection and improvement of information systems relating to the confinement of violent offenders and other sentencing and correctional matters.
(4) Carryover of appropriations Funds appropriated pursuant to this section during any fiscal year shall remain available until expended. Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent as may 22 So in original. Probably should be followed by “be”. provided in appropriations Acts, for the purpose described in section 12102(a)(4) of this title for any subsequent fiscal year. The further obligation of such funds by an official for such purpose shall not be delayed, directly or indirectly, in any manner by any officer or employee in the executive branch.
(5) Matching funds The Federal share of a grant received under this part may not exceed 90 percent of the costs of a proposal as described in an application approved under this part.
(Pub. L. 103322, title II, § 20108, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132119; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 110199, title I, § 104(b), Apr. 9, 2008, 122 Stat. 669.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13708 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 20108 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1818, defined terms prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
Amendments2008—Subsec. (b)(4). Pub. L. 110199 inserted at end “Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent as may provided in appropriations Acts, for the purpose described in section 13702(a)(4) of this title for any subsequent fiscal year. The further obligation of such funds by an official for such purpose shall not be delayed, directly or indirectly, in any manner by any officer or employee in the executive branch.”
Statutory Notes and Related Subsidiaries
Construction of 2008 AmendmentFor construction of amendments by Pub. L. 110199 and requirements for grants made under such amendments, see section 60504 of this title.
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# 34 U.S.C. § 12109 - Payments for incarceration on tribal lands
## Text
(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 11 So in original. Probably should be capitalized. 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.
(Pub. L. 103322, title II, § 20109, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132120; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 111211, title II, § 244, July 29, 2010, 124 Stat. 2294.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13709 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 20109 of Pub. L. 103322, title II, Sept. 13, 1994, 108 Stat. 1818, authorized appropriations prior to the general amendment of subtitle A of title II of Pub. L. 103322 by Pub. L. 104134.
Amendments2010—Subsec. (a). Pub. L. 111211, § 244(a), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Notwithstanding any other provision of this part other than section 13708(a)(2) of this title, from amounts appropriated to carry out sections 13703 and 13704 of this title, the Attorney General shall reserve, to carry out this section— “(1) 0.3 percent in each of fiscal years 1996 and 1997; and “(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000.” Subsec. (b). Pub. L. 111211, § 244(b)(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “From the amounts reserved under subsection (a) of this section, the Attorney General may make grants to Indian tribes for the purposes of constructing jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction.” Subsec. (c). Pub. L. 111211, § 244(b)(2), inserted “or consortium of Indian tribes, as applicable,” after “Indian tribe”. Subsec. (d). Pub. L. 111211, § 244(b)(3), added subsec. (d).
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# 34 U.S.C. § 12110 - Payments to eligible States for incarceration of criminal aliens
## Text
(a) In general The Attorney General shall make a payment to each State which is eligible under section 1252(j) 11 See References in Text note below. of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section.
(b) Authorization of appropriations Notwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under section 12108 of this title, an amount which when added to amounts appropriated to carry out section 1252(j) 1 of title 8 for fiscal year 1996 equals $500,000,000 and for each of the fiscal years 1997 through 2000 does not exceed $650,000,000.
(c) Administration The amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and shall be added to the other funds appropriated to carry out section 1252(j) 1 of title 8 and administered under such section.
(d) Report to Congress Not later than May 15, 1999, the Attorney General shall submit a report to the Congress which contains the recommendation of the Attorney General concerning the extension of the program under this section.
(Pub. L. 103322, title II, § 20110, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132121; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)
## Notes
Editorial Notes
References in TextSection 1252(j) of title 8, referred to in subsecs. (a) to (c), was redesignated section 1231(i) of title 8 by Pub. L. 104208, div. C, title III, § 306(a)(1), Sept. 30, 1996, 110 Stat. 3009607.
Codification Section was formerly classified to section 13710 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12111 - Support of Federal prisoners in non-Federal institutions
## Text
(a) In general The Attorney General may make payments to States and units of local government for the purposes authorized in section 4013 of title 18.
(b) Authorization of appropriations Notwithstanding any other provision of this part other than section 12108(a)(2) of this title, there are authorized to be appropriated from amounts authorized under section 12108 of this title for each of fiscal years 1996 through 2000 such sums as may be necessary to carry out this section.
(Pub. L. 103322, title II, § 20111, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132121; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13711 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
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# 34 U.S.C. § 12112 - Report by Attorney General
## Text
Beginning on October 1, 1996, and each subsequent July 1 thereafter, the Attorney General shall report to the Congress on the implementation of this part, including a report on the eligibility of the States under sections 12103 and 12104 of this title, and the distribution and use of funds under this part.
(Pub. L. 103322, title II, § 20112, as added Pub. L. 104134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 132121; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13712 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12121 - Task force on prison construction standardization and techniques
## Text
(a) Task force The Director of the National Institute of Corrections shall, subject to availability of appropriations, establish a task force composed of Federal, State, and local officials expert in prison construction, and of at least an equal number of engineers, architects, and construction experts from the private sector with expertise in prison design and construction, including the use of cost-cutting construction standardization techniques and cost-cutting new building materials and technologies.
(b) Cooperation The task force shall work in close cooperation and communication with other State and local officials responsible for prison construction in their localities.
(c) Performance requirements The task force shall work to—
(1) establish and recommend standardized construction plans and techniques for prison and prison component construction; and
(2) evaluate and recommend new construction technologies, techniques, and materials,
to reduce prison construction costs at the Federal, State, and local levels and make such construction more efficient.
(d) Dissemination The task force shall disseminate information described in subsection (c) to State and local officials involved in prison construction, through written reports and meetings.
(e) Promotion and evaluation The task force shall—
(1) work to promote the implementation of cost-saving efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of such cost-saving efforts as adopted, broadly disseminating information on the results; and
(3) to the extent feasible, certify the effectiveness of the cost-savings efforts.
(Pub. L. 103322, title II, § 20406, Sept. 13, 1994, 108 Stat. 1826.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13721 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,49 @@
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# 34 U.S.C. § 12122 - Efficiency in law enforcement and corrections
## Text
(a) In general In the administration of each grant program funded by appropriations authorized by this Act or by an amendment made by this Act, the Attorney General shall encourage—
(1) innovative methods for the low-cost construction of facilities to be constructed, converted, or expanded and the low-cost operation of such facilities and the reduction of administrative costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) Assessment of construction components and designs The Attorney General may make an assessment of the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals.
(Pub. L. 103322, title II, § 20407, Sept. 13, 1994, 108 Stat. 1826.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (a), is Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1796, known as the Violent Crime Control and Law Enforcement Act of 1994. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13722 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12123 - Conversion of closed military installations into Federal prison facilities
## Text
(a) Study of suitable bases The Secretary of Defense and the Attorney General shall jointly conduct a study of all military installations selected before September 13, 1994, to be closed pursuant to a base closure law for the purpose of evaluating the suitability of any of these installations, or portions of these installations, for conversion into Federal prison facilities. As part of the study, the Secretary and the Attorney General shall identify the military installations so evaluated that are most suitable for conversion into Federal prison facilities.
(b) Suitability for conversion In evaluating the suitability of a military installation for conversion into a Federal prison facility, the Secretary of Defense and the Attorney General shall consider the estimated cost to convert the installation into a prison facility and such other factors as the Secretary and the Attorney General consider to be appropriate.
(c) Time for study The study required by subsection (a) shall be completed not later than the date that is 180 days after September 13, 1994.
(d) Construction of Federal prisons (1) In general In determining where to locate any new Federal prison facility, and in accordance with the Department of Justices duty to review and identify a use for any portion of an installation closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100526) and the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101510), the Attorney General shall—
(A) consider whether using any portion of a military installation closed or scheduled to be closed in the region pursuant to a base closure law provides a cost-effective alternative to the purchase of real property or construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization and redevelopment plan; and
(C) give consideration to any installation located in a rural area the closure of which will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure.
(2) Consent With regard to paragraph (1)(B), consent must be obtained from the local re-use authority for the military installation, recognized and funded by the Secretary of Defense, before the Attorney General may proceed with plans for the design or construction of a prison at the installation.
(3) Report on basis of decision Before proceeding with plans for the design or construction of a Federal prison, the Attorney General shall submit to Congress a report explaining the basis of the decision on where to locate the new prison facility.
(4) Report on cost-effectiveness If the Attorney General decides not to utilize any portion of a closed military installation or an installation scheduled to be closed for locating a prison, the report shall include an analysis of why installations in the region, the use of which as a prison would be consistent with a reutilization and redevelopment plan, does not provide a cost-effective alternative to the purchase of real property or construction of new prison facilities.
(e) “Base closure law” defined In this section, “base closure law” means—
(1) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101510; 10 U.S.C. 2687 note); and
(2) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100526; 10 U.S.C. 2687 note).
(Pub. L. 103322, title II, § 20413, Sept. 13, 1994, 108 Stat. 1829.)
## Notes
Editorial Notes
References in TextThe Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsecs. (d)(1) and (e)(2), is Pub. L. 100526, Oct. 24, 1988, 102 Stat. 2623. Title II of the Act is set out as a note under section 2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of Title 10 and Tables. The Defense Base Closure and Realignment Act of 1990, referred to in subsecs. (d)(1) and (e)(1), is part A of title XXIX of div. B of Pub. L. 101510, Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under section 2687 of Title 10. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 13724 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12124 - Correctional job training and placement
## Text
(a) Purpose It is the purpose of this section to encourage and support job training programs, and job placement programs, that provide services to incarcerated persons or ex-offenders.
(b) Definitions As used in this section:
(1) Correctional institution The term “correctional institution” means any prison, jail, reformatory, work farm, detention center, or halfway house, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.
(2) Correctional job training or placement program The term “correctional job training or placement program” means an activity that provides job training or job placement services to incarcerated persons or ex-offenders, or that assists incarcerated persons or ex-offenders in obtaining such services.
(3) Ex-offender The term “ex-offender” means any individual who has been sentenced to a term of probation by a Federal or State court, or who has been released from a Federal, State, or local correctional institution.
(4) Incarcerated person The term “incarcerated person” means any individual incarcerated in a Federal or State correctional institution who is charged with or convicted of any criminal offense.
(c) Establishment of Office (1) In general The Attorney General shall establish within the Department of Justice an Office of Correctional Job Training and Placement. The Office shall be headed by a Director, who shall be appointed by the Attorney General.
(2) Timing The Attorney General shall carry out this subsection not later than 6 months after September 13, 1994.
(d) Functions of Office The Attorney General, acting through the Director of the Office of Correctional Job Training and Placement, in consultation with the Secretary of Labor, shall—
(1) assist in coordinating the activities of the Federal Bonding Program of the Department of Labor, the activities of the Department of Labor related to the certification of eligibility for targeted jobs credits under section 51 of title 26 with respect to ex-offenders, and any other correctional job training or placement program of the Department of Justice or Department of Labor;
(2) provide technical assistance to State and local employment and training agencies that—
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs carried out by the Department of Justice or Department of Labor, for activities related to the development of employability;
(3) prepare and implement the use of special staff training materials, and methods, for developing the staff competencies needed by State and local agencies to assist incarcerated persons and ex-offenders in gaining marketable occupational skills and job placement;
(4) prepare and submit to Congress an annual report on the activities of the Office of Correctional Job Training and Placement, and the status of correctional job training or placement programs in the United States;
(5) cooperate with other Federal agencies carrying out correctional job training or placement programs to ensure coordination of such programs throughout the United States;
(6) consult with, and provide outreach to—
(A) State job training coordinating councils, administrative entities, and private industry councils, with respect to programs carried out under this Act; and
(B) other State and local officials, with respect to other employment or training programs carried out by the Department of Justice or Department of Labor;
(7) collect from States information on the training accomplishments and employment outcomes of a sample of incarcerated persons and ex-offenders who were served by employment or training programs carried out, or that receive financial assistance through programs carried out, by the Department of Justice or Department of Labor; and
(8) (A) collect from States and local governments information on the development and implementation of correctional job training or placement programs; and
(B) disseminate such information, as appropriate.
(Pub. L. 103322, title II, § 20418, Sept. 13, 1994, 108 Stat. 1835.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (d)(2)(A), (6)(A), is Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1796, known as the Violent Crime Control and Law Enforcement Act of 1994. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13725 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,55 @@
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# 34 U.S.C. § 12131 - Ounce of Prevention Council
## Text
(a) Establishment (1) In general There is established an Ounce of Prevention Council (referred to in this subchapter as the “Council”), the members of which—
(A) shall include the Attorney General, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Agriculture, the Secretary of the Treasury, the Secretary of the Interior, and the Director of the Office of National Drug Control Policy; and
(B) may include other officials of the executive branch as directed by the President.
(2) Chair The President shall designate the Chair of the Council from among its members (referred to in this subchapter as the “Chair”).
(3) Staff The Council may employ any necessary staff to carry out its functions, and may delegate any of its functions or powers to a member or members of the Council.
(b) Program coordination For any program authorized under the Violent Crime Control and Law Enforcement Act of 1994, the Ounce of Prevention Council Chair, only at the request of the Council member with jurisdiction over that program, may coordinate that program, in whole or in part, through the Council.
(c) Administrative responsibilities and powers In addition to the program coordination provided in subsection (b), the Council shall be responsible for such functions as coordinated planning, development of a comprehensive crime prevention program catalogue, provision of assistance to communities and community-based organizations seeking information regarding crime prevention programs and integrated program service delivery, and development of strategies for program integration and grant simplification. The Council shall have the authority to audit the expenditure of funds received by grantees under programs administered by or coordinated through the Council. In consultation with the Council, the Chair may issue regulations and guidelines to carry out this part and programs administered by or coordinated through the Council.
(Pub. L. 103322, title III, § 30101, Sept. 13, 1994, 108 Stat. 1836.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (a)(1), (2), was in the original “this title”, meaning title III of Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1836. For complete classification of title III to the Code, see Tables. The Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (b), is Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1796. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13741 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12132 - Ounce of prevention grant program
## Text
(a) In general The Council may make grants for—
(1) summer and after-school (including weekend and holiday) education and recreation programs;
(2) mentoring, tutoring, and other programs involving participation by adult role models (such as D.A.R.E. America);
(3) programs assisting and promoting employability and job placement; and
(4) prevention and treatment programs to reduce substance abuse, child abuse, and adolescent pregnancy, including outreach programs for at-risk families.
(b) Applicants Applicants may be Indian tribal governments, cities, counties, or other municipalities, school boards, colleges and universities, private nonprofit entities, or consortia of eligible applicants. Applicants must show that a planning process has occurred that has involved organizations, institutions, and residents of target areas, including young people, and that there has been cooperation between neighborhood-based entities, municipality-wide bodies, and local private-sector representatives. Applicants must demonstrate the substantial involvement of neighborhood-based entities in the carrying out of the proposed activities. Proposals must demonstrate that a broad base of collaboration and coordination will occur in the implementation of the proposed activities, involving cooperation among youth-serving organizations, schools, health and social service providers, employers, law enforcement professionals, local government, and residents of target areas, including young people. Applications shall be geographically based in particular neighborhoods or sections of municipalities or particular segments of rural areas, and applications shall demonstrate how programs will serve substantial proportions of children and youth resident in the target area with activities designed to have substantial impact on their lives.
(c) Priority In making such grants, the Council shall give preference to coalitions consisting of a broad spectrum of community-based and social service organizations that have a coordinated team approach to reducing gang membership and the effects of substance abuse, and providing alternatives to at-risk youth.
(d) Federal share (1) In general The Federal share of a grant made under this part 11 See References in Text note below. may not exceed 75 percent of the total costs of the projects described in the applications submitted under subsection (b) for the fiscal year for which the projects receive assistance under this subchapter.
(2) Waiver The Council may waive the 25 percent matching requirement under paragraph (1) upon making a determination that a waiver is equitable in view of the financial circumstances affecting the ability of the applicant to meet that requirement.
(3) Non-Federal share The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services.
(4) Nonsupplanting requirement Funds made available under this subchapter to a governmental entity shall not be used to supplant State or local funds, or in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subchapter, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs.
(5) Evaluation The Council shall conduct a thorough evaluation of the programs assisted under this subchapter.
(Pub. L. 103322, title III, § 30102, Sept. 13, 1994, 108 Stat. 1837.)
## Notes
Editorial Notes
References in TextThis part, referred to in subsec. (d)(1), appearing in the original, is unidentifiable because subtitle A of title III of Pub. L. 103322 does not contain parts. This subchapter, referred to in subsec. (d)(1), (4), (5), was in the original “this title”, meaning title III of Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1836. For complete classification of title III to the Code, see Tables.
Codification Section was formerly classified to section 13742 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12133 - “Indian tribe” defined
## Text
In this part, “Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),11 So in original. A closing parenthesis probably should precede the comma. that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(Pub. L. 103322, title III, § 30103, Sept. 13, 1994, 108 Stat. 1838.)
## Notes
Editorial Notes
References in TextThe Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92203, § 2, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Codification Section was formerly classified to section 13743 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12141 - Grant authorization
## Text
(a) Establishment (1) In general The Attorney General may award grants to not more than 15 chronic high intensive crime areas to develop comprehensive model crime prevention programs that—
(A) involve and utilize a broad spectrum of community resources, including nonprofit community organizations, law enforcement organizations, and appropriate State and Federal agencies, including the State educational agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to involvement in crime.
(2) Consultation with the Ounce of Prevention Council The Attorney General may consult with the Ounce of Prevention Council in awarding grants under paragraph (1).
(b) Priority In awarding grants under subsection (a), the Attorney General shall give priority to proposals that—
(1) are innovative in approach to the prevention of crime in a specific area;
(2) vary in approach to ensure that comparisons of different models may be made; and
(3) coordinate crime prevention programs funded under this program with other existing Federal programs to address the overall needs of communities that benefit from grants received under this subchapter.
(Pub. L. 103322, title III, § 30301, Sept. 13, 1994, 108 Stat. 1844.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (b)(3), was in the original “this title”, meaning title III of Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1836. For complete classification of title III to the Code, see Tables.
Codification Section was formerly classified to section 13771 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12142 - Uses of funds
## Text
(a) In general Funds awarded under this part may be used only for purposes described in an approved application. The intent of grants under this part is to fund intensively comprehensive crime prevention programs in chronic high intensive crime areas.
(b) Guidelines The Attorney General shall issue and publish in the Federal Register guidelines that describe suggested purposes for which funds under approved programs may be used.
(c) Equitable distribution of funds In disbursing funds under this part, the Attorney General shall ensure the distribution of awards equitably on a geographic basis, including urban and rural areas of varying population and geographic size.
(Pub. L. 103322, title III, § 30302, Sept. 13, 1994, 108 Stat. 1845.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13772 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12143 - Program requirements
## Text
(a) Description An applicant shall include a description of the distinctive factors that contribute to chronic violent crime within the area proposed to be served by the grant. Such factors may include lack of alternative activities and programs for youth, deterioration or lack of public facilities, inadequate public services such as public transportation, street lighting, community-based substance abuse treatment facilities, or employment services offices, and inadequate police or public safety services, equipment, or facilities.
(b) Comprehensive plan An applicant shall include a comprehensive, community-based plan to attack intensively the principal factors identified in subsection (a). Such plans shall describe the specific purposes for which funds are proposed to be used and how each purpose will address specific factors. The plan also shall specify how local nonprofit organizations, government agencies, private businesses, citizens groups, volunteer organizations, and interested citizens will cooperate in carrying out the purposes of the grant.
(c) Evaluation An applicant shall include an evaluation plan by which the success of the plan will be measured, including the articulation of specific, objective indicia of performance, how the indicia will be evaluated, and a projected timetable for carrying out the evaluation.
(Pub. L. 103322, title III, § 30303, Sept. 13, 1994, 108 Stat. 1845.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13773 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,45 @@
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---
# 34 U.S.C. § 12144 - Applications
## Text
To request a grant under this part the chief local elected official of an area shall—
(1) prepare and submit to the Attorney General an application in such form, at such time, and in accordance with such procedures, as the Attorney General shall establish; and
(2) provide an assurance that funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs funded under this part.
(Pub. L. 103322, title III, § 30304, Sept. 13, 1994, 108 Stat. 1845.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13774 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12145 - Reports
## Text
Not later than December 31, 1998, the Attorney General shall prepare and submit to the Committees on the Judiciary of the House and Senate an evaluation of the model programs developed under this part and make recommendations regarding the implementation of a national crime prevention program.
(Pub. L. 103322, title III, § 30305, Sept. 13, 1994, 108 Stat. 1846.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13775 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
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---
# 34 U.S.C. § 12146 - Definitions
## Text
In this part— “chief local elected official” means an official designated under regulations issued by the Attorney General. The criteria used by the Attorney General in promulgating such regulations shall ensure administrative efficiency and accountability in the expenditure of funds and execution of funded projects under this part. “chronic high intensity crime area” means an area meeting criteria adopted by the Attorney General by regulation that, at a minimum, define areas with— (A) consistently high rates of violent crime as reported in the Federal Bureau of Investigations “Uniform Crime Reports”, and (B) chronically high rates of poverty as determined by the Bureau of the Census. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 103322, title III, § 30306, Sept. 13, 1994, 108 Stat. 1846.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13776 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
File diff suppressed because one or more lines are too long
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citation: "34 U.S.C. § 12171"
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---
# 34 U.S.C. § 12171 - Grant authority
## Text
(a) Grants (1) In general The Attorney General may make grants to qualified community organizations to assist in meeting the costs of qualified programs which are designed to recruit and retain applicants to police departments.
(2) Consultation with the Ounce of Prevention Council The Attorney General may consult with the Ounce of Prevention Council in making grants under paragraph (1).
(b) Qualified community organizations An organization is a qualified community organization which is eligible to receive a grant under subsection (a) if the organization—
(1) is a nonprofit organization; and
(2) has training and experience in—
(A) working with a police department and with teachers, counselors, and similar personnel,
(B) providing services to the community in which the organization is located,
(C) developing and managing services and techniques to recruit individuals to become members of a police department and to assist such individuals in meeting the membership requirements of police departments,
(D) developing and managing services and techniques to assist in the retention of applicants to police departments, and
(E) developing other programs that contribute to the community.
(c) Qualified programs A program is a qualified program for which a grant may be made under subsection (a) if the program is designed to recruit and train individuals from underrepresented neighborhoods and localities and if—
(1) the overall design of the program is to recruit and retain applicants to a police department;
(2) the program provides recruiting services which include tutorial programs to enable individuals to meet police force academic requirements and to pass entrance examinations;
(3) the program provides counseling to applicants to police departments who may encounter problems throughout the application process; and
(4) the program provides retention services to assist in retaining individuals to stay in the application process of a police department.
(d) Applications To qualify for a grant under subsection (a), a qualified organization shall submit an application to the Attorney General in such form as the Attorney General may prescribe. Such application shall—
(1) include documentation from the applicant showing—
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the population to be served, including age, disability, race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attorney General that the program for which a grant is made will meet the applicable requirements of the program guidelines prescribed by the Attorney General under subsection (i).
(e) Action by Attorney General Not later than 60 days after the date that an application for a grant under subsection (a) is received, the Attorney General shall consult with the police department which will be involved with the applicant and shall—
(1) approve the application and disburse the grant funds applied for; or
(2) disapprove the application and inform the applicant that the application is not approved and provide the applicant with the reasons for the disapproval.
(f) Grant disbursement The Attorney General shall disburse funds under a grant under subsection (a) in accordance with regulations of the Attorney General which shall ensure—
(1) priority is given to applications for areas and organizations with the greatest showing of need;
(2) that grant funds are equitably distributed on a geographic basis; and
(3) the needs of underserved populations are recognized and addressed.
(g) Grant period A grant under subsection (a) shall be made for a period not longer than 3 years.
(h) Grantee reporting (1) For each year of a grant period for a grant under subsection (a), the recipient of the grant shall file a performance report with the Attorney General explaining the activities carried out with the funds received and assessing the effectiveness of such activities in meeting the purpose of the recipients qualified program.
(2) If there was more than one recipient of a grant, each recipient shall file such report.
(3) The Attorney General shall suspend the funding of a grant, pending compliance, if the recipient of the grant does not file the report required by this subsection or uses the grant for a purpose not authorized by this section.
(i) Guidelines The Attorney General shall, by regulation, prescribe guidelines on content and results for programs receiving a grant under subsection (a). Such guidelines shall be designed to establish programs which will be effective in training individuals to enter instructional programs for police departments and shall include requirements for—
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and counseling programs and the means and devices used to publicize such programs.
(Pub. L. 103322, title III, § 30801, Sept. 13, 1994, 108 Stat. 1857.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13811 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,45 @@
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---
# 34 U.S.C. § 12181 - Purpose
## Text
It is the purpose of this subpart to increase private investment in distressed local communities and to build and expand the capacity of local institutions to better serve the economic needs of local residents through the provision of financial and technical assistance to community development corporations.
(Pub. L. 103322, title III, § 31111, Sept. 13, 1994, 108 Stat. 1882.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13821 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Short TitleFor short title of subtitle K of title III of Pub. L. 103322, which is classified to this part, as the “National Community Economic Partnership Act of 1994”, see section 31101 of Pub. L. 103322, set out as a Short Title of 1994 Act note under section 10101 of this title.
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---
# 34 U.S.C. § 12182 - Provision of assistance
## Text
(a) Authority The Secretary of Health and Human Services (referred to in this part as the “Secretary”) may, in accordance with this subpart, provide nonrefundable lines of credit to community development corporations for the establishment, maintenance or expansion of revolving loan funds to be utilized to finance projects intended to provide business and employment opportunities for low-income, unemployed, or underemployed individuals and to improve the quality of life in urban and rural areas.
(b) Revolving loan funds (1) Competitive assessment of applications In providing assistance under subsection (a) of this section, the Secretary shall establish and implement a competitive process for the solicitation and consideration of applications from eligible entities for lines of credit for the capitalization of revolving funds.
(2) Eligible entities To be eligible to receive a line of credit under this subpart an applicant shall—
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary that shall include a strategic investment plan that identifies and describes the economic characteristics of the target area to be served, the types of business to be assisted and the impact of such assistance on low-income, underemployed, and unemployed individuals in the target area;
(C) demonstrate previous experience in the development of low-income housing or community or business development projects in a low-income community and provide a record of achievement with respect to such projects; and
(D) have secured one or more commitments from local sources for contributions (either in cash or in kind, letters of credit or letters of commitment) in an amount that is at least equal to the amount requested in the application submitted under subparagraph (B).
(3) Exception Notwithstanding the provisions of paragraph (2)(D), the Secretary may reduce local contributions to not less than 25 percent of the amount of the line of credit requested by the community development corporation if the Secretary determines such to be appropriate in accordance with section 12186 of this title.
(Pub. L. 103322, title III, § 31112, Sept. 13, 1994, 108 Stat. 1882.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13822 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,85 @@
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---
# 34 U.S.C. § 12183 - Approval of applications
## Text
(a) In general In evaluating applications submitted under section 12182(b)(2)(B) of this title, the Secretary shall ensure that—
(1) the residents of the target area to be served (as identified under the strategic development plan) would have an income that is less than the median income for the area (as determined by the Secretary);
(2) the applicant community development corporation possesses the technical and managerial capability necessary to administer a revolving loan fund and has past experience in the development and management of housing, community and economic development programs;
(3) the applicant community development corporation has provided sufficient evidence of the existence of good working relationships with—
(A) local businesses and financial institutions, as well as with the community the corporation proposes to serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will target job opportunities that arise from revolving loan fund investments under this subpart so that 75 percent of the jobs retained or created under such investments are provided to—
(A) individuals with—
(i) incomes that do not exceed the Federal poverty line; or
(ii) incomes that do not exceed 80 percent of the median income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have participated in job training programs authorized under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.] or the Family Support Act of 1988 (Public Law 100485);
(D) individuals whose jobs may be retained as a result of the provision of financing available under this subpart; or
(E) individuals who have historically been underrepresented in the local economy; and
(5) a representative cross section of applicants are approved, including large and small community development corporations, urban and rural community development corporations and community development corporations representing diverse populations.
(b) Priority In determining which application to approve under this subpart the Secretary shall give priority to those applicants proposing to serve a target area—
(1) with a median income that does not exceed 80 percent of the median for the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the Secretary or in which the population loss is at least 7 percent from April 1, 1980, to April 1, 1990, as reported by the Bureau of the Census.
(Pub. L. 103322, title III, § 31113, Sept. 13, 1994, 108 Stat. 1883; Pub. L. 105277, div. A, § 101(f) [title VIII, § 405(d)(44), (f)(35)], Oct. 21, 1998, 112 Stat. 2681337, 2681428, 2681434; Pub. L. 113128, title V, § 512(jj), July 22, 2014, 128 Stat. 1722.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (a)(4)(C), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Family Support Act of 1988, referred to in subsec. (a)(4)(C), is Pub. L. 100485, Oct. 13, 1988, 102 Stat. 2343. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.
Codification Section was formerly classified to section 13823 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2014—Subsec. (a)(4)(C). Pub. L. 113128 substituted “job training programs authorized under title I of the Workforce Innovation and Opportunity Act or the Family Support Act of 1988 (Public Law 100485)” for “job training programs authorized under title I of the Workforce Investment Act of 1998 or the Family Support Act of 1988 (Public Law 100485)”. 1998—Subsec. (a)(4)(C). Pub. L. 105277, § 101(f) [title VIII, § 405(f)(35)], struck out “the Job Training Partnership Act or” after “authorized under”. Pub. L. 105277, § 101(f) [title VIII, § 405(d)(44)], substituted “authorized under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998” for “authorized under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
Effective Date of 1998 AmendmentAmendment by section 101(f) [title VIII, § 405(d)(44)] of Pub. L. 105277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(35)] of Pub. L. 105277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105277, set out as a note under section 3502 of Title 5, Government Organization and Employees.
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---
# 34 U.S.C. § 12184 - Availability of lines of credit and use
## Text
(a) Approval of application The Secretary shall provide a community development corporation that has an application approved under section 12183 of this title with a line of credit in an amount determined appropriate by the Secretary, subject to the limitations contained in subsection (b).
(b) Limitations on availability of amounts (1) Maximum amount The Secretary shall not provide in excess of $2,000,000 in lines of credit under this subpart to a single applicant.
(2) Period of availability A line of credit provided under this subpart shall remain available over a period of time established by the Secretary, but in no event shall any such period of time be in excess of 3 years from the date on which such line of credit is made available.
(3) Exception Notwithstanding paragraphs (1) and (2), if a recipient of a line of credit under this subpart has made full and productive use of such line of credit, can demonstrate the need and demand for additional assistance, and can meet the requirements of section 12182(b)(2) of this title, the amount of such line of credit may be increased by not more than $1,500,000.
(c) Amounts drawn from line of credit Amounts drawn from each line of credit under this subpart shall be used solely for the purposes described in section 12181 of this title and shall only be drawn down as needed to provide loans, investments, or to defray administrative costs related to the establishment of a revolving loan fund.
(d) Use of revolving loan funds Revolving loan funds established with lines of credit provided under this subpart may be used to provide technical assistance to private business enterprises and to provide financial assistance in the form of loans, loan guarantees, interest reduction assistance, equity shares, and other such forms of assistance to business enterprises in target areas and who are in compliance with section 12183(a)(4) of this title.
(Pub. L. 103322, title III, § 31114, Sept. 13, 1994, 108 Stat. 1884.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13824 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,47 @@
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source_identifier: "/us/usc/t34/s12185"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12185 - Limitations on use of funds
## Text
(a) Matching requirement Not to exceed 50 percent of the total amount to be invested by an entity under this subpart may be derived from funds made available from a line of credit under this subpart.
(b) Technical assistance and administration Not to exceed 10 percent of the amounts available from a line of credit under this subpart shall be used for the provision of training or technical assistance and for the planning, development, and management of economic development projects. Community development corporations shall be encouraged by the Secretary to seek technical assistance from other community development corporations, with expertise in the planning, development and management of economic development projects. The Secretary shall assist in the identification and facilitation of such technical assistance.
(c) Local and private sector contributions To receive funds available under a line of credit provided under this subpart, an entity, using procedures established by the Secretary, shall demonstrate to the community development corporation that such entity agrees to provide local and private sector contributions in accordance with section 12182(b)(2)(D) of this title, will participate with such community development corporation in a loan, guarantee or investment program for a designated business enterprise, and that the total financial commitment to be provided by such entity is at least equal to the amount to be drawn from the line of credit.
(d) Use of proceeds from investments Proceeds derived from investments made using funds made available under this subpart may be used only for the purposes described in section 12181 of this title and shall be reinvested in the community in which they were generated.
(Pub. L. 103322, title III, § 31115, Sept. 13, 1994, 108 Stat. 1884.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13825 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "34 U.S.C. § 12186"
description: "Program priority for special emphasis programs"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
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citation: "34 U.S.C. § 12186"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12186 - Program priority for special emphasis programs
## Text
(a) In general The Secretary shall give priority in providing lines of credit under this subpart to community development corporations that propose to undertake economic development activities in distressed communities that target women, Native Americans, at risk youth, farmworkers, population-losing communities, very low-income communities, single mothers, veterans, and refugees; or that expand employee ownership of private enterprises and small businesses, and to programs providing loans of not more than $35,000 to very small business enterprises.
(b) Reservation of funds Not less than 5 percent of the amounts made available under section 31112(a)(2)(A) 11 See References in Text note below. may be reserved to carry out the activities described in subsection (a).
(Pub. L. 103322, title III, § 31116, Sept. 13, 1994, 108 Stat. 1885.)
## Notes
Editorial Notes
References in TextSection 31112(a)(2)(A), referred to in subsec. (b), probably should be a reference to section 31132(b)(1) of Pub. L. 103322, title III, Sept. 13, 1994, 108 Stat. 1888, which authorized appropriations under this part and was formerly classified to section 13852 of Title 42, The Public Health and Welfare, prior to being omitted from the Code as obsolete.
Codification Section was formerly classified to section 13826 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,65 @@
---
type: "LegalText"
title: "34 U.S.C. § 12201"
description: "Community development corporation improvement grants"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
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section: "12201"
citation: "34 U.S.C. § 12201"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12201 - Community development corporation improvement grants
## Text
(a) Purpose It is the purpose of this section to provide assistance to community development corporations to upgrade the management and operating capacity of such corporations and to enhance the resources available to enable such corporations to increase their community economic development activities.
(b) Skill enhancement grants (1) In general The Secretary shall award grants to community development corporations to enable such corporations to attain or enhance the business management and development skills of the individuals that manage such corporations to enable such corporations to seek the public and private resources necessary to develop community economic development projects.
(2) Use of funds A recipient of a grant under paragraph (1) may use amounts received under such grant—
(A) to acquire training and technical assistance from agencies or institutions that have extensive experience in the development and management of low-income community economic development projects; or
(B) to acquire such assistance from other highly successful community development corporations.
(c) Operating grants (1) In general The Secretary shall award grants to community development corporations to enable such corporations to support an administrative capacity for the planning, development, and management of low-income community economic development projects.
(2) Use of funds A recipient of a grant under paragraph (1) may use amounts received under such grant—
(A) to conduct evaluations of the feasibility of potential low-income community economic development projects that address identified needs in the low-income community and that conform to those projects and activities permitted under subpart 1; 11 See References in Text note below.
(B) to develop a business plan related to such a potential project; or
(C) to mobilize resources to be contributed to a planned low-income community economic development project or strategy.
(d) Applications A community development corporation that desires to receive a grant under this section shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(e) Amount available for community development corporation Amounts provided under this section to a community development corporation shall not exceed $75,000 per year. Such corporations may apply for grants under this section for up to 3 consecutive years, except that such corporations shall be required to submit a new application for each grant for which such corporation desires to receive and compete on the basis of such applications in the selection process.
(Pub. L. 103322, title III, § 31121, Sept. 13, 1994, 108 Stat. 1885.)
## Notes
Editorial Notes
References in TextSubpart 1, referred to in subsec. (c)(2)(A), was in the original “subtitle A”, and was translated as reading “chapter 1”, meaning chapter 1 of subtitle K of title III of Pub. L. 103322, to reflect the probable intent of Congress.
Codification Section was formerly classified to section 13841 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,65 @@
---
type: "LegalText"
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title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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citation: "34 U.S.C. § 12202"
status: "current"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12202 - Emerging community development corporation revolving loan funds
## Text
(a) Authority The Secretary may award grants to emerging community development corporations to enable such corporations to establish, maintain or expand revolving loan funds, to make or guarantee loans, or to make capital investments in new or expanding local businesses.
(b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall—
(1) be a community development corporation;
(2) have completed not less than one nor more than two community economic development projects or related projects that improve or provide job and employment opportunities to low-income individuals;
(3) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a strategic investment plan that identifies and describes the economic characteristics of the target area to be served, the types of business to be assisted using amounts received under the grant and the impact of such assistance on low-income individuals; and
(4) have secured one or more commitments from local sources for contributions (either in cash or in kind, letters of credit, or letters of commitment) in an amount that is equal to at least 10 percent of the amounts requested in the application submitted under paragraph (2).11 So in original. Probably should be paragraph “(3)”.
(c) Use of revolving loan fund (1) In general A revolving loan fund established or maintained with amounts received under this section may be utilized to provide financial and technical assistance, loans, loan guarantees or investments to private business enterprises to—
(A) finance projects intended to provide business and employment opportunities for low-income individuals and to improve the quality of life in urban and rural areas; and
(B) build and expand the capacity of emerging community development corporations and serve the economic needs of local residents.
(2) Technical assistance The Secretary shall encourage emerging community development corporations that receive grants under this section to seek technical assistance from established community development corporations, with expertise in the planning, development and management of economic development projects and shall facilitate the receipt of such assistance.
(3) Limitation Not to exceed 10 percent of the amounts received under this section by a grantee shall be used for training, technical assistance and administrative purposes.
(d) Use of proceeds from investments Proceeds derived from investments made with amounts provided under this section may be utilized only for the purposes described in this part and shall be reinvested in the community in which they were generated.
(e) Amounts available Amounts provided under this section to a community development corporation shall not exceed $500,000 per year.
(Pub. L. 103322, title III, § 31122, Sept. 13, 1994, 108 Stat. 1886.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13842 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,53 @@
---
type: "LegalText"
title: "34 U.S.C. § 12211"
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citation: "34 U.S.C. § 12211"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12211 - Definitions
## Text
As used in this part:
(1) Community development corporation The term “community development corporation” means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low-income individuals and communities.
(2) Local and private sector contribution The term “local and private sector contribution” means the funds available at the local level (by private financial institutions, State and local governments) or by any private philanthropic organization and private, nonprofit organizations that will be committed and used solely for the purpose of financing private business enterprises in conjunction with amounts provided under this part.
(3) Population-losing community The term “population-losing community” means any county in which the net population loss is at least 7 percent from April 1, 1980 to April 1, 1990, as reported by the Bureau of the Census.
(4) Private business enterprise The term “private business enterprise” means any business enterprise that is engaged in the manufacture of a product, provision of a service, construction or development of a facility, or that is involved in some other commercial, manufacturing or industrial activity, and that agrees to target job opportunities stemming from investments authorized under this part to certain individuals.
(5) Target area The term “target area” means any area defined in an application for assistance under this part that has a population whose income does not exceed the median for the area within which the target area is located.
(6) Very low-income community The term “very low-income community” means a community in which the median income of the residents of such community does not exceed 50 percent of the median income of the area.
(Pub. L. 103322, title III, § 31131, Sept. 13, 1994, 108 Stat. 1887.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13851 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
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citation: "34 U.S.C. § 12212"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12212 - Prohibition
## Text
None of the funds authorized under this part shall be used to finance the construction of housing.
(Pub. L. 103322, title III, § 31133, Sept. 13, 1994, 108 Stat. 1888.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13853 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "34 U.S.C. § 12221"
description: "Grant authorization"
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kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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citation: "34 U.S.C. § 12221"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12221 - Grant authorization
## Text
(a) In general The Attorney General may make grants to State, Indian tribal, or local prosecutors for the purpose of supporting the creation or expansion of community-based justice programs.
(b) Consultation The Attorney General may consult with the Ounce of Prevention Council in making grants under subsection (a).
(Pub. L. 103322, title III, § 31701, Sept. 13, 1994, 108 Stat. 1890.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13861 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,53 @@
---
type: "LegalText"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
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section: "12222"
citation: "34 U.S.C. § 12222"
status: "current"
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source_identifier: "/us/usc/t34/s12222"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12222 - Use of funds
## Text
Grants made by the Attorney General under this section shall be used—
(1) to fund programs that require the cooperation and coordination of prosecutors, school officials, police, probation officers, youth and social service professionals, and community members in the effort to reduce the incidence of, and increase the successful identification and speed of prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the offender, not simply the specific offense, and impose individualized sanctions, designed to deter that offender from further antisocial conduct, and impose increasingly serious sanctions on a young offender who continues to commit offenses;
(3) to fund programs that coordinate criminal justice resources with educational, social service, and community resources to develop and deliver violence prevention programs, including mediation and other conflict resolution methods, treatment, counseling, educational, and recreational programs that create alternatives to criminal activity;
(4) in rural States (as defined in section 10351(b) of this title), to fund cooperative efforts between State and local prosecutors, victim advocacy and assistance groups, social and community service providers, and law enforcement agencies to investigate and prosecute child abuse cases, treat youthful victims of child abuse, and work in cooperation with the community to develop education and prevention strategies directed toward the issues with which such entities are concerned; and
(5) by a State, unit of local government, or Indian tribe to create and expand witness and victim protection programs to prevent threats, intimidation, and retaliation against victims of, and witnesses to, violent crimes.
(Pub. L. 103322, title III, § 31702, Sept. 13, 1994, 108 Stat. 1890; Pub. L. 110177, title III, § 301(a), Jan. 7, 2008, 121 Stat. 2538.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13862 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2008—Par. (5). Pub. L. 110177 added par. (5).
@@ -0,0 +1,63 @@
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---
# 34 U.S.C. § 12223 - Applications
## Text
(a) Eligibility In order to be eligible to receive a grant under this part 11 See References in Text note below. for any fiscal year, a State, Indian tribal, or local prosecutor, in conjunction with the chief executive officer of the jurisdiction in which the program will be placed, shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(b) Requirements Each applicant shall include—
(1) a request for funds for the purposes described in section 12222 of this title;
(2) a description of the communities to be served by the grant, including the nature of the youth crime, youth violence, and child abuse problems within such communities;
(3) assurances that Federal funds received under this part 1 shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section; and
(4) statistical information in such form and containing such information that the Attorney General may require.
(c) Comprehensive plan Each applicant shall include a comprehensive plan that shall contain—
(1) a description of the youth violence or child abuse crime problem;
(2) an action plan outlining how the applicant will achieve the purposes as described in section 12222 of this title;
(3) a description of the resources available in the community to implement the plan together with a description of the gaps in the plan that cannot be filled with existing resources; and
(4) a description of how the requested grant will be used to fill gaps.
(Pub. L. 103322, title III, § 31703, Sept. 13, 1994, 108 Stat. 1891.)
## Notes
Editorial Notes
References in TextThis part, referred to in subsecs. (a) and (b)(3), appearing in the original, is unidentifiable because subtitle Q of title III of Pub. L. 103322 does not contain parts.
Codification Section was formerly classified to section 13863 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,49 @@
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title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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citation: "34 U.S.C. § 12224"
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---
# 34 U.S.C. § 12224 - Allocation of funds; limitations on grants
## Text
(a) Administrative cost limitation The Attorney General shall use not more than 5 percent of the funds available under this program for the purposes of administration and technical assistance.
(b) Renewal of grants A grant under this part 11 See References in Text note below. may be renewed for up to 2 additional years after the first fiscal year during which the recipient receives its initial grant under this part,1 subject to the availability of funds, if—
(1) the Attorney General determines that the funds made available to the recipient during the previous years were used in a manner required under the approved application; and
(2) the Attorney General determines that an additional grant is necessary to implement the community prosecution program described in the comprehensive plan required by section 12223 of this title.
(Pub. L. 103322, title III, § 31704, Sept. 13, 1994, 108 Stat. 1891.)
## Notes
Editorial Notes
References in TextThis part, referred to in subsec. (b), appearing in the original, is unidentifiable because subtitle Q of title III of Pub. L. 103322 does not contain parts.
Codification Section was formerly classified to section 13864 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "34 U.S.C. § 12225"
description: "Award of grants"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12225"
citation: "34 U.S.C. § 12225"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
source_identifier: "/us/usc/t34/s12225"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12225 - Award of grants
## Text
The Attorney General shall consider the following facts in awarding grants:
(1) Demonstrated need and evidence of the ability to provide the services described in the plan required under section 12223 of this title.
(2) The Attorney General shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.
(Pub. L. 103322, title III, § 31705, Sept. 13, 1994, 108 Stat. 1891.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13865 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "34 U.S.C. § 12226"
description: "Reports"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12226"
citation: "34 U.S.C. § 12226"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
source_identifier: "/us/usc/t34/s12226"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12226 - Reports
## Text
(a) Report to Attorney General State and local prosecutors that receive funds under this part shall submit to the Attorney General a report not later than March 1 of each year that describes progress achieved in carrying out the plan described under section 12223(c) of this title.
(b) Report to Congress The Attorney General shall submit to the Congress a report by October 1 of each year in which grants are made available under this part which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants, and an evaluation of programs established under this part.
(Pub. L. 103322, title III, § 31706, Sept. 13, 1994, 108 Stat. 1892.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13866 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "34 U.S.C. § 12227"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12227"
citation: "34 U.S.C. § 12227"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12227 - Definitions
## Text
In this part— “Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands. “young violent offenders” means individuals, ages 7 through 22, who have committed crimes of violence, weapons offenses, drug distribution, hate crimes and civil rights violations, and offenses against personal property of another.
(Pub. L. 103322, title III, § 31708, Sept. 13, 1994, 108 Stat. 1892.)
## Notes
Editorial Notes
References in TextThe Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Codification Section was formerly classified to section 13868 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,51 @@
---
type: "LegalText"
title: "34 U.S.C. § 12241"
description: "Purpose"
jurisdiction: "us"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12241"
citation: "34 U.S.C. § 12241"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
source_identifier: "/us/usc/t34/s12241"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12241 - Purpose
## Text
The purpose of this part is to evaluate the effectiveness of certain demonstration projects in helping to—
(1) alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of the parents;
(2) reduce recidivism rates of prisoners by encouraging strong and supportive family relationships; and
(3) explore the cost effectiveness of community correctional facilities.
(Pub. L. 103322, title III, § 31902, Sept. 13, 1994, 108 Stat. 1892.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13881 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Short TitleFor short title of subtitle S of title III of Pub. L. 103322, which is classified to this part, as the “Family Unity Demonstration Project Act”, see section 31901 of Pub. L. 103322, set out as a Short Title of 1994 Act note under section 10101 of this title.
@@ -0,0 +1,41 @@
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title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12242"
citation: "34 U.S.C. § 12242"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12242 - Definitions
## Text
In this part— “child” means a person who is less than 7 years of age. “community correctional facility” means a residential facility that— (A) is used only for eligible offenders and their children under 7 years of age; (B) is not within the confines of a jail or prison; (C) houses no more than 50 prisoners in addition to their children; and (D) provides to inmates and their children— (i) a safe, stable, environment for children; (ii) pediatric and adult medical care consistent with medical standards for correctional facilities; (iii) programs to improve the stability of the parent-child relationship, including educating parents regarding— (I) child development; and (II) household management; (iv) alcoholism and drug addiction treatment for prisoners; and (v) programs and support services to help inmates— (I) to improve and maintain mental and physical health, including access to counseling; (II) to obtain adequate housing upon release from State incarceration; (III) to obtain suitable education, employment, or training for employment; and (IV) to obtain suitable child care. “eligible offender” means a primary caretaker parent who— (A) has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and (B) has not engaged in conduct that— (i) knowingly resulted in death or serious bodily injury; (ii) is a felony for a crime of violence against a person; or (iii) constitutes child neglect or mental, physical, or sexual abuse of a child. “primary caretaker parent” means— (A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or (B) a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child, a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category “primary caretaker”. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 103322, title III, § 31903, Sept. 13, 1994, 108 Stat. 1893.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13882 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,67 @@
---
type: "LegalText"
title: "34 U.S.C. § 12251"
description: "Authority to make grants"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12251"
citation: "34 U.S.C. § 12251"
status: "current"
release_point: "119-100"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12251 - Authority to make grants
## Text
(a) General authority The Attorney General may make grants, on a competitive basis, to States to carry out in accordance with this part family unity demonstration projects that enable eligible offenders to live in community correctional facilities with their children.
(b) Preferences For the purpose of making grants under subsection (a), the Attorney General shall give preference to a State that includes in the application required by section 12252 of this title assurances that if the State receives a grant—
(1) both the State corrections agency and the State health and human services agency will participate substantially in, and cooperate closely in all aspects of, the development and operation of the family unity demonstration project for which such a grant is requested;
(2) boards made up of community members, including residents, local businesses, corrections officials, former prisoners, child development professionals, educators, and maternal and child health professionals will be established to advise the State regarding the operation of such project;
(3) the State has in effect a policy that provides for the placement of all prisoners, whenever possible, in correctional facilities for which they qualify that are located closest to their respective family homes;
(4) unless the Attorney General determines that a longer timeline is appropriate in a particular case, the State will implement the project not later than 180 days after receiving a grant under subsection (a) and will expend all of the grant during a 1-year period;
(5) the State has the capacity to continue implementing a community correctional facility beyond the funding period to ensure the continuity of the work;
(6) unless the Attorney General determines that a different process for selecting participants in a project is desirable, the State will—
(A) give written notice to a prisoner, not later than 30 days after the State first receives a grant under subsection (a) or 30 days after the prisoner is sentenced to a term of imprisonment of not more than 7 years (whichever is later), of the proposed or current operation of the project;
(B) accept at any time at which the project is in operation an application by a prisoner to participate in the project if, at the time of application, the remainder of the prisoners sentence exceeds 180 days;
(C) review applications by prisoners in the sequence in which the State receives such applications; and
(D) not more than 50 days after reviewing such applications approve or disapprove the application; and
(7) for the purposes of selecting eligible offenders to participate in such project, the State has authorized State courts to sentence an eligible offender directly to a community correctional facility, provided that the court gives assurances that the offender would have otherwise served a term of imprisonment.
(c) Selection of grantees The Attorney General shall make grants under subsection (a) on a competitive basis, based on such criteria as the Attorney General shall issue by rule and taking into account the preferences described in subsection (b).
(Pub. L. 103322, title III, § 31911, Sept. 13, 1994, 108 Stat. 1894.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13891 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "34 U.S.C. § 12252"
description: "Eligibility to receive grants"
jurisdiction: "us"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12252"
citation: "34 U.S.C. § 12252"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
source_identifier: "/us/usc/t34/s12252"
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retrieved_at: "2026-07-04"
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tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12252 - Eligibility to receive grants
## Text
To be eligible to receive a grant under section 12251 of this title, a State shall submit to the Attorney General an application at such time, in such form, and containing such information as the Attorney General reasonably may require by rule.
(Pub. L. 103322, title III, § 31912, Sept. 13, 1994, 108 Stat. 1895.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13892 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,55 @@
---
type: "LegalText"
title: "34 U.S.C. § 12253"
description: "Report"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12253"
citation: "34 U.S.C. § 12253"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12253 - Report
## Text
(a) In general A State that receives a grant under this subpart 11 See References in Text note below. shall, not later than 90 days after the 1-year period in which the grant is required to be expended, submit a report to the Attorney General regarding the family unity demonstration project for which the grant was expended.
(b) Contents A report under subsection (a) shall—
(1) state the number of prisoners who submitted applications to participate in the project and the number of prisoners who were placed in community correctional facilities;
(2) state, with respect to prisoners placed in the project, the number of prisoners who are returned to that jurisdiction and custody and the reasons for such return;
(3) describe the nature and scope of educational and training activities provided to prisoners participating in the project;
(4) state the number, and describe the scope of, contracts made with public and nonprofit private community-based organizations to carry out such project; and
(5) evaluate the effectiveness of the project in accomplishing the purposes described in section 12241 of this title.
(Pub. L. 103322, title III, § 31913, Sept. 13, 1994, 108 Stat. 1895.)
## Notes
Editorial Notes
References in TextThis subpart, referred to in subsec. (a), was in the original “this title” and was translated as reading “this chapter”, meaning chapter 1 of subtitle S of title III of Pub. L. 103322, to reflect the probable intent of Congress.
Codification Section was formerly classified to section 13893 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,47 @@
---
type: "LegalText"
title: "34 U.S.C. § 12261"
description: "Authority of Attorney General"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12261"
citation: "34 U.S.C. § 12261"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
source_identifier: "/us/usc/t34/s12261"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12261 - Authority of Attorney General
## Text
(a) In general With the funds available to carry out this part for the benefit of Federal prisoners, the Attorney General, acting through the Director of the Bureau of Prisons, shall select eligible prisoners to live in community correctional facilities with their children.
(b) General contracting authority In implementing this part,11 See References in Text note below. the Attorney General may enter into contracts with appropriate public or private agencies to provide housing, sustenance, services, and supervision of inmates eligible for placement in community correctional facilities under this part.1
(c) Use of State facilities At the discretion of the Attorney General, Federal participants may be placed in State projects as defined in subpart 1. For such participants, the Attorney General shall, with funds available under section 13883(b)(2) 1 of title 42, reimburse the State for all project costs related to the Federal participants placement, including administrative costs.
(Pub. L. 103322, title III, § 31921, Sept. 13, 1994, 108 Stat. 1896.)
## Notes
Editorial Notes
References in TextThis part, referred to in subsec. (b), was in the original “this title” and was translated as reading “this subtitle”, meaning subtitle S of title III of Pub. L. 103322, to reflect the probable intent of Congress. Section 13883 of title 42, referred to in subsec. (c), was omitted from the Code as obsolete.
Codification Section was formerly classified to section 13901 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "34 U.S.C. § 12262"
description: "Requirements"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
chapter_number: "121"
chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
section: "12262"
citation: "34 U.S.C. § 12262"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip"
source_identifier: "/us/usc/t34/s12262"
source_file: "data/legal/raw/us/code/title-34/usc34.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 34 U.S.C. § 12262 - Requirements
## Text
For the purpose of placing Federal participants in a family unity demonstration project under section 12261 of this title, the Attorney General shall consult with the Secretary of Health and Human Services regarding the development and operation of the project.
(Pub. L. 103322, title III, § 31922, Sept. 13, 1994, 108 Stat. 1896.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13902 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,67 @@
---
type: "LegalText"
title: "34 U.S.C. § 12271"
description: "Prevention, diagnosis, and treatment of tuberculosis in correctional institutions"
jurisdiction: "us"
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title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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---
# 34 U.S.C. § 12271 - Prevention, diagnosis, and treatment of tuberculosis in correctional institutions
## Text
(a) Guidelines The Attorney General, in consultation with the Secretary of Health and Human Services and the Director of the National Institute of Corrections, shall develop and disseminate to appropriate entities, including State, Indian tribal, and local correctional institutions and the Immigration and Naturalization Service, guidelines for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions and persons held in holding facilities operated by or under contract with the Immigration and Naturalization Service.
(b) Compliance The Attorney General shall ensure that prisons in the Federal prison system and holding facilities operated by or under contract with the Immigration and Naturalization Service comply with the guidelines described in subsection (a).
(c) Grants (1) In general The Attorney General shall make grants to State, Indian tribal, and local correction authorities and public health authorities to assist in establishing and operating programs for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions.
(2) Federal share The Federal share of funding of a program funded with a grant under paragraph (1) shall not exceed 50 percent.
(3) Authorization of appropriations There are authorized to be appropriated to carry out this section—
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
(d) Definitions In this section— “Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),11 So in original. A closing parenthesis probably should precede the comma. that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands.
(Pub. L. 103322, title III, § 32201, Sept. 13, 1994, 108 Stat. 1901.)
## Notes
Editorial Notes
References in TextThe Alaska Native Claims Settlement Act, referred to in subsec. (d), is Pub. L. 92203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Codification Section was formerly classified to section 13911 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
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# 34 U.S.C. § 12281 - Gang Resistance Education and Training projects
## Text
(a) Establishment of projects (1) In general The Attorney General shall establish not less than 50 Gang Resistance Education and Training (GREAT) projects, to be located in communities across the country, in addition to the number of projects currently funded.
(2) Selection of communities Communities identified for such GREAT projects shall be selected by the Attorney General on the basis of gang-related activity in that particular community.
(3) Amount of assistance per project; allocation The Attorney General shall make available not less than $800,000 per project, subject to the availability of appropriations, and such funds shall be allocated—
(A) 50 percent to the affected State and local law enforcement and prevention organizations participating in such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice for salaries, expenses, and associated administrative costs for operating and overseeing such projects.
(b) Authorization of appropriations There is authorized to be appropriated to carry out this section—
(1) $20,000,000 for fiscal year 2006;
(2) $20,000,000 for fiscal year 2007;
(3) $20,000,000 for fiscal year 2008;
(4) $20,000,000 for fiscal year 2009; and
(5) $20,000,000 for fiscal year 2010.
(Pub. L. 103322, title III, § 32401, Sept. 13, 1994, 108 Stat. 1902; Pub. L. 107296, title XI, § 1112(p), Nov. 25, 2002, 116 Stat. 2278; Pub. L. 109162, title XI, § 1188, Jan. 5, 2006, 119 Stat. 3128.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13921 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2006—Subsec. (b). Pub. L. 109162, which directed the amendment of section 32401(b) of the Violent Crime Control Act of 1994 by adding pars. (1) to (5) and striking out former pars. (1) to (6), was executed by making the amendments to this section, which is section 32401(b) of the Violent Crime Control and Law Enforcement Act of 1994, to reflect the probable intent of Congress. Former pars. (1) to (6) authorized appropriations for fiscal years 1995 through 2000. 2002—Subsec. (a). Pub. L. 107296, § 1112(p)(1), substituted “Attorney General” for “Secretary of the Treasury” wherever appearing. Subsec. (a)(3)(B). Pub. L. 107296, § 1112(p)(2), substituted “Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice” for “Bureau of Alcohol, Tobacco and Firearms”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
File diff suppressed because one or more lines are too long
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# 34 U.S.C. § 12301 - Grants for capital improvements to prevent crime in public transportation
## Text
(a) General purpose There is authorized to be appropriated not to exceed $10,000,000, for the Secretary of Transportation (referred to in this section as the “Secretary”) to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. None of the provisions of this Act may be construed to prohibit the financing of projects under this section where law enforcement responsibilities are vested in a local public body other than the grant applicant.
(b) Grants for lighting, camera surveillance, and security phones (1) From the sums authorized for expenditure under this section for crime prevention, the Secretary is authorized to make grants and loans to States and local public bodies or agencies for the purpose of increasing the safety of public transportation by—
(A) increasing lighting within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;
(B) increasing camera surveillance of areas within and adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;
(C) providing emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; or
(D) any other project intended to increase the security and safety of existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent shall be expended on projects of the type described in subsection (b)(1)(A) and (B).
(c) Reporting All grants under this section are contingent upon the filing of a report with the Secretary and the Department of Justice, Office of Victims of Crime, showing crime rates in or adjacent to public transportation before, and for a 1-year period after, the capital improvement. Statistics shall be compiled on the basis of the type of crime, sex, race, ethnicity, language, and relationship of victim to the offender.
(d) Increased Federal share Notwithstanding any other provision of law, the Federal share under this section for each capital improvement project that enhances the safety and security of public transportation systems and that is not required by law (including any other provision of this Act) shall be 90 percent of the net project cost of the project.
(e) Special grants for projects to study increasing security for women From the sums authorized under this section, the Secretary shall provide grants and loans for the purpose of studying ways to reduce violent crimes against women in public transit through better design or operation of public transit systems.
(f) General requirements All grants or loans provided under this section shall be subject to the same terms, conditions, requirements, and provisions applicable to grants and loans as specified in section 5321 of title 49.
(Pub. L. 103322, title IV, § 40131, Sept. 13, 1994, 108 Stat. 1916.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (a) and (d), is Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1796, known as the Violent Crime Control and Law Enforcement Act of 1994. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13931 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12311 - Training programs
## Text
(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.
(Pub. L. 103322, title IV, § 40152, Sept. 13, 1994, 108 Stat. 1920; Pub. L. 109162, title I, § 108, title XI, § 1167, Jan. 5, 2006, 119 Stat. 2984, 3121; Pub. L. 109271, § 2(a), (b), Aug. 12, 2006, 120 Stat. 751, 752; Pub. L. 1134, title I, § 105, Mar. 7, 2013, 127 Stat. 77; Pub. L. 117103, div. W, title XIII, § 1304, Mar. 15, 2022, 136 Stat. 927.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13941 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (c). Pub. L. 117103 amended subsec. (c) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018.” 2013—Subsec. (c). Pub. L. 1134 substituted “$5,000,000 for each of fiscal years 2014 through 2018.” for “$5,000,000 for each of fiscal years 2007 through 2011.” 2006—Subsec. (c). Pub. L. 109271, § 2(b), which directed amendment of section 1167 of the Violence Against Women Act of 2005, Pub. L. 109162, by substituting “2007 through 2011” for “2006 through 2010”, was executed to subsec. (c) of this section, which is section 40152 of the Violence Against Women Act of 1994, as amended by section 1167 of Pub. L. 109162, to reflect the probable intent of Congress. See below. Pub. L. 109162, § 1167, added subsec. (c) and struck out heading and text of former subsec. (c) which authorized appropriations to carry out this section for fiscal years 1996 and 1997. Pub. L. 109162, § 108, which directed the striking of subsec. (c) and the insertion of a new subsec. (c), authorizing appropriations to carry out this section for fiscal years 2007 through 2011, was repealed by Pub. L. 109271, § 2(a).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Effective Date of 2013 AmendmentAmendment by Pub. L. 1134 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.
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# 34 U.S.C. § 12312 - Confidentiality of communications between sexual assault or domestic violence victims and their counselors
## Text
(a) Study and development of model legislation The Attorney General shall—
(1) study and evaluate the manner in which the States have taken measures to protect the confidentiality of communications between sexual assault or domestic violence victims and their therapists or trained counselors;
(2) develop model legislation that will provide the maximum protection possible for the confidentiality of such communications, within any applicable constitutional limits, taking into account the following factors:
(A) the danger that counseling programs for victims of sexual assault and domestic violence will be unable to achieve their goal of helping victims recover from the trauma associated with these crimes if there is no assurance that the records of the counseling sessions will be kept confidential;
(B) consideration of the appropriateness of an absolute privilege for communications between victims of sexual assault or domestic violence and their therapists or trained counselors, in light of the likelihood that such an absolute privilege will provide the maximum guarantee of confidentiality but also in light of the possibility that such an absolute privilege may be held to violate the rights of criminal defendants under the Federal or State constitutions by denying them the opportunity to obtain exculpatory evidence and present it at trial; and
(C) consideration of what limitations on the disclosure of confidential communications between victims of these crimes and their counselors, short of an absolute privilege, are most likely to ensure that the counseling programs will not be undermined, and specifically whether no such disclosure should be allowed unless, at a minimum, there has been a particularized showing by a criminal defendant of a compelling need for records of such communications, and adequate procedural safeguards are in place to prevent unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the findings made and model legislation developed as a result of the study and evaluation.
(b) Report and recommendations Not later than the date that is 1 year after September 13, 1994, the Attorney General shall report to the Congress—
(1) the findings of the study and the model legislation required by this section; and
(2) recommendations based on the findings on the need for and appropriateness of further action by the Federal Government.
(c) Review of Federal evidentiary rules The Judicial Conference of the United States shall evaluate and report to Congress its views on whether the Federal Rules of Evidence should be amended, and if so, how they should be amended, to guarantee that the confidentiality of communications between sexual assault victims and their therapists or trained counselors will be adequately protected in Federal court proceedings.
(Pub. L. 103322, title IV, § 40153, Sept. 13, 1994, 108 Stat. 1921.)
## Notes
Editorial Notes
References in TextThe Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Codification Section was formerly classified to section 13942 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12313 - Information programs
## Text
The Attorney General shall compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correctional institution for a commission of an offense under chapter 109A of title 18 or for the commission of a similar offense, including halfway houses and psychiatric institutions.
(Pub. L. 103322, title IV, § 40154, Sept. 13, 1994, 108 Stat. 1922.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13943 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12321 - Confidentiality of abused persons address
## Text
(a) Regulations Not later than 90 days after September 13, 1994, the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons addresses.
(b) Requirements The regulations under subsection (a) shall require—
(1) in the case of an individual, the presentation to an appropriate postal official of a valid, outstanding protection order; and
(2) in the case of a domestic violence shelter, the presentation to an appropriate postal authority of proof from a State domestic violence coalition that meets the requirements of section 10410 11 See References in Text note below. of title 42 verifying that the organization is a domestic violence shelter.
(c) Disclosure for certain purposes The regulations under subsection (a) shall not prohibit the disclosure of addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes.
(d) Existing compilations Compilations of addresses existing at the time at which order is presented to an appropriate postal official shall be excluded from the scope of the regulations under subsection (a).
(Pub. L. 103322, title IV, § 40281, Sept. 13, 1994, 108 Stat. 1938.)
## Notes
Editorial Notes
References in TextSection 10410 of title 42, referred to in subsec. (b)(2), was generally amended by Pub. L. 111320, title II, § 201, Dec. 20, 2010, 124 Stat. 3497, and, as so amended, no longer contains provisions relating to grants for State domestic violence coalitions. See section 10411 of Title 42, The Public Health and Welfare.
Codification Section was formerly classified to section 13951 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12331 - Research agenda
## Text
(a) Request for contract The Attorney General shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and experts on domestic violence in diverse, ethnic, social, and language minority communities and the social sciences. In setting the agenda, the Academy shall focus primarily on preventive, educative, social, and legal strategies, including addressing the needs of underserved populations.
(b) Declination of request If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Attorney General shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice.
(c) Report The Attorney General shall ensure that no later than 1 year after September 13, 1994, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(Pub. L. 103322, title IV, § 40291, Sept. 13, 1994, 108 Stat. 1939.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13961 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12332 - State databases
## Text
(a) In general The Attorney General shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of sexual and domestic violence offenses within a State.
(b) Consultation In conducting its study, the Attorney General shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, and nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The final report shall set forth the views of the persons consulted on the recommendations.
(c) Report The Attorney General shall ensure that no later than 1 year after September 13, 1994, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committees on the Judiciary of the Senate and the House of Representatives.
(d) Authorization of appropriations There are authorized to be appropriated to carry out this section $200,000 for fiscal year 1996.
(Pub. L. 103322, title IV, § 40292, Sept. 13, 1994, 108 Stat. 1939.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13962 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12333 - Number and cost of injuries
## Text
(a) Study The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries.
(b) Authorization of appropriations There are authorized to be appropriated to carry out this section—$100,000 for fiscal year 1996.
(Pub. L. 103322, title IV, § 40293, Sept. 13, 1994, 108 Stat. 1940.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13963 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Change of Name Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.
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# 34 U.S.C. § 12341 - Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance
## Text
(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 11 So in original. Probably should be “section”. The requirements of this section shall not apply to funds allocated for the program described in subparagraph (A).
(2) Allotment for sexual assault (A) In general Not less than 25 percent of the total amount appropriated in a fiscal year under this section shall fund services that meaningfully address sexual assault in rural communities, however at such time as the amounts appropriated reach the amount of $45,000,000, the percentage allocated shall rise to 30 percent of the total amount appropriated, at such time as the amounts appropriated reach the amount of $50,000,000, the percentage allocated shall rise to 35 percent of the total amount appropriated, and at such time as the amounts appropriated reach the amount of $55,000,000, the percentage allocated shall rise to 40 percent of the amounts appropriated.
(B) Multiple purpose applications Nothing in this section shall prohibit any applicant from applying for funding to address sexual assault, domestic violence, stalking, or dating violence in the same application.
(3) Allotment for technical assistance Of the amounts appropriated for each fiscal year to carry out this section, not more than 8 percent may be used by the Director for technical assistance costs. Of the amounts appropriated in this subsection, no less than 25 percent of such amounts shall be available to a nonprofit, nongovernmental organization or organizations whose focus and expertise is in addressing sexual assault to provide technical assistance to sexual assault grantees.
(4) Underserved populations In awarding grants under this section, the Director shall give priority to the needs of underserved populations.
(5) Allocation of funds for rural States Not less than 75 percent of the total amount made available for each fiscal year to carry out this section shall be allocated to eligible entities located in rural States.
(e) Authorization of appropriations (1) In general There are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2027 to carry out this section.
(2) Additional funding In addition to funds received through a grant under subsection (b), a law enforcement agency may use funds received through a grant under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) 22 See References in Text note below. to accomplish the objectives of this section.
(Pub. L. 103322, title IV, § 40295, Sept. 13, 1994, 108 Stat. 1940; Pub. L. 106386, div. B, title I, §§ 1105, 1109(d), title V, § 1512(c), Oct. 28, 2000, 114 Stat. 1497, 1503, 1533; Pub. L. 109162, title II, § 203, title IX, § 906(d), Jan. 5, 2006, 119 Stat. 2998, 3081; Pub. L. 109271, § 7(b)(1), (2)(A), Aug. 12, 2006, 120 Stat. 764; Pub. L. 1134, title II, § 202, Mar. 7, 2013, 127 Stat. 81; Pub. L. 117103, div. W, title II, § 202, Mar. 15, 2022, 136 Stat. 856.)
## Notes
Editorial Notes
References in TextThe Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (e)(2), is Pub. L. 90351, June 19, 1968, 82 Stat. 197. Part Q of title I of the Act was classified generally to subchapter XIIE (§ 3796dd et seq.) of chapter 46 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter XVI (§ 10381 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13971 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments2022—Subsec. (a)(4). Pub. L. 117103, § 202(1), added par. (4). Subsec. (b)(4). Pub. L. 117103, § 202(2)(A), substituted semicolon for period at end. Subsec. (b)(5). Pub. L. 117103, § 202(2)(B), inserted “quality forensic sexual assault examinations by trained health care providers,” after “by the lack of access to” and substituted “shelters, and” for “shelters and”. Subsec. (e)(1). Pub. L. 117103, § 202(3), substituted “$100,000,000 for each of fiscal years 2023 through 2027” for “$50,000,000 for each of fiscal years 2014 through 2018”. 2013—Subsec. (a)(1)(H). Pub. L. 1134, § 202(1), inserted “, including sexual assault forensic examiners” before semicolon at end. Subsec. (b)(1). Pub. L. 1134, § 202(2)(A), substituted “victim service providers” for “victim advocacy groups” and inserted “, including developing multidisciplinary teams focusing on high risk cases with the goal of preventing domestic and dating violence homicides” before semicolon at end. Subsec. (b)(2). Pub. L. 1134, § 202(2)(B)(i), substituted “legal assistance, and other long-term and short-term victim and population specific services” for “and other long- and short-term assistance”. Subsec. (b)(4), (5). Pub. L. 1134, § 202(2)(B)(ii), (C), (D), added pars. (4) and (5). Subsec. (e)(1). Pub. L. 1134, § 202(3), substituted “$50,000,000 for each of fiscal years 2014 through 2018” for “$55,000,000 for each of the fiscal years 2007 through 2011”. 2006—Pub. L. 109162, § 203, amended section generally, substituting provisions relating to rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance for provisions relating to rural domestic violence and child abuse enforcement assistance. Subsec. (c)(3). Pub. L. 109162, § 906(d), which directed the amendment of subsec. (c) by striking par. (3) and inserting a new par. (3) which read “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 in section 3796gg10 of this title. The requirements of this paragraph shall not apply to funds allocated for such program.”, was repealed by Pub. L. 109271, § 7(b)(2)(A). Subsec. (d)(1). Pub. L. 109271, § 7(b)(1), added par. (1) and struck out former par. (1) which read as follows: “Not less than 10 percent of the total amount made available for each fiscal year to carry out this section shall be allocated for grants to Indian tribes or tribal organizations.” 2000—Subsec. (a)(1). Pub. L. 106386, § 1109(d)(1), inserted “and dating violence (as defined in section 3796gg2 of this title)” after “domestic violence”. Subsec. (a)(2). Pub. L. 106386, § 1512(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “to provide treatment and counseling to victims of domestic violence and dating violence (as defined in section 3796gg2 of this title) and child abuse; and”. Pub. L. 106386, § 1109(d)(2), inserted “and dating violence (as defined in section 3796gg2 of this title)” after “domestic violence”. Subsec. (c)(1). Pub. L. 106386, § 1105(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “There are authorized to be appropriated to carry out this section— “(A) $7,000,000 for fiscal year 1996; “(B) $8,000,000 for fiscal year 1997; and “(C) $15,000,000 for fiscal year 1998.” Subsec. (c)(3). Pub. L. 106386, § 1105(2), added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Effective Date of 2013 AmendmentAmendment by Pub. L. 1134 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.
Effective Date of 2006 AmendmentAmendment by Pub. L. 109162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109162, set out as a note under section 10261 of this title.
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# 34 U.S.C. § 12361 - Civil rights
## Text
(a) Purpose Pursuant to the affirmative power of Congress to enact this part under section 5 of the Fourteenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitution, it is the purpose of this part to protect the civil rights of victims of gender motivated violence and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender.
(b) Right to be free from crimes of violence All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)).
(c) Cause of action A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.
(d) Definitions For purposes of this section—
(1) the term “crime of violence motivated by gender” means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victims gender; and
(2) the term “crime of violence” means— 11 So in original. The word “means” probably should appear after “(A)” below.
(A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offenses described in section 16 of title 18, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States; and
(B) includes an act or series of acts that would constitute a felony described in subparagraph (A) but for the relationship between the person who takes such action and the individual against whom such action is taken.
(e) Limitation and procedures (1) Limitation Nothing in this section entitles a person to a cause of action under subsection (c) for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender (within the meaning of subsection (d)).
(2) No prior criminal action Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c).
(3) Concurrent jurisdiction The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this part.
(4) Supplemental jurisdiction Neither section 1367 of title 28 nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree.
(Pub. L. 103322, title IV, § 40302, Sept. 13, 1994, 108 Stat. 1941.)
## Notes
Editorial Notes
References in TextThis part, referred to in subsecs. (a) and (e)(3), was in the original “this subtitle”, meaning subtitle C of title IV of Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1941. For complete classification of subtitle C of title IV of Pub. L. 103322 to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.
Codification Section was formerly classified to section 13981 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section is comprised of section 40302 of Pub. L. 103322. Subsec. (e)(5) of section 40302 of Pub. L. 103322 amended section 1445 of Title 28, Judiciary and Judicial Procedure.
ConstitutionalityFor information regarding the constitutionality of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
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# 34 U.S.C. § 12371 - Grants authorized
## Text
The State Justice Institute may award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States (as defined in section 10701 of title 42) in training judges and court personnel in the laws of the States and by Indian tribes in training tribal judges and court personnel in the laws of the tribes on rape, sexual assault, domestic violence, dating violence, and other crimes of violence motivated by the victims gender. Nothing shall preclude the attendance of tribal judges and court personnel at programs funded under this section for States to train judges and court personnel on the laws of the States.
(Pub. L. 103322, title IV, § 40411, Sept. 13, 1994, 108 Stat. 1942; Pub. L. 106386, div. B, title IV, § 1406(c)(2), (d)(1), Oct. 28, 2000, 114 Stat. 1516.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13991 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2000—Pub. L. 106386 inserted “dating violence,” after “domestic violence,” and “Nothing shall preclude the attendance of tribal judges and court personnel at programs funded under this section for States to train judges and court personnel on the laws of the States.” at end.
Statutory Notes and Related Subsidiaries
Short TitleFor short title of subtitle D of title IV of Pub. L. 103322, which is classified to this part, as the “Equal Justice for Women in the Courts Act of 1994”, see section 40401 of Pub. L. 103322, set out as a Short Title of 1994 Act note under section 10101 of this title.
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# 34 U.S.C. § 12372 - Training provided by grants
## Text
Training provided pursuant to grants made under this part may include current information, existing studies, or current data on—
(1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child sexual abuse;
(3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape and sexual assault;
(6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice;
(7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant;
(10) the nature and incidence of domestic violence and dating violence (as defined in section 10447 11 See References in Text note below. of this title);
(11) the physical, psychological, and economic impact of domestic violence and dating violence on the victim, the costs to society, and the implications for court procedures and sentencing;
(12) the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic violence and dating violence, myths about presence or absence of domestic violence and dating violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice;
(14) historical evolution of laws and attitudes on domestic violence;
(15) proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection;
(17) economic, psychological, social and institutional reasons for victims inability to leave the batterer, to report domestic violence or dating violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence or dating violence may refuse to testify against a defendant;
(18) the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence and dating violence cases;
(19) recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims;
(20) the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abusers desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence;
(21) the issues raised by child sexual assault in determining custody and visitation, including how to protect the safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; 22 So in original. Probably should be followed by “and”.
(22) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice; 33 So in original. The semicolon probably should be a period.
(Pub. L. 103322, title IV, § 40412, Sept. 13, 1994, 108 Stat. 1943; Pub. L. 106386, div. B, title IV, § 1406(a)(1), (d)(2), Oct. 28, 2000, 114 Stat. 1515, 1517.)
## Notes
Editorial Notes
References in TextSection 10447 of this title, referred to in par. (10), was subsequently repealed and a new section 10447 enacted which does not define the terms “domestic violence” or “dating violence”. However, such terms are defined in section 12291 of this title.
Codification Section was formerly classified to section 13992 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments2000—Par. (10). Pub. L. 106386, § 1406(d)(2)(A), inserted “and dating violence (as defined in section 3796gg2 of this title)” before the semicolon. Par. (11). Pub. L. 106386, § 1406(d)(2)(B), inserted “and dating violence” after “domestic violence”. Par. (13). Pub. L. 106386, § 1406(d)(2)(C), inserted “and dating violence” after “domestic violence” in two places. Par. (17). Pub. L. 106386, § 1406(d)(2)(D), inserted “or dating violence” after “domestic violence” in two places. Par. (18). Pub. L. 106386, § 1406(d)(2)(E), inserted “and dating violence” after “domestic violence”. Pars. (20) to (22). Pub. L. 106386, § 1406(a)(1), added pars. (20) to (22).
@@ -0,0 +1,43 @@
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# 34 U.S.C. § 12373 - Cooperation in developing programs in making grants under this part
## Text
The State Justice Institute shall ensure that model programs carried out pursuant to grants made under this part are developed with the participation of law enforcement officials, public and private nonprofit victim advocates, including national, State, tribal, and local domestic violence and sexual assault programs and coalitions, legal experts, prosecutors, defense attorneys, and recognized experts on gender bias in the courts.
(Pub. L. 103322, title IV, § 40413, Sept. 13, 1994, 108 Stat. 1944; Pub. L. 106386, div. B, title IV, § 1406(c)(1), Oct. 28, 2000, 114 Stat. 1516.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 13993 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2000—Pub. L. 106386 inserted “, including national, State, tribal, and local domestic violence and sexual assault programs and coalitions” after “victim advocates”.
@@ -0,0 +1,73 @@
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# 34 U.S.C. § 12381 - Authorization of circuit studies; education and training grants
## Text
(a) Studies In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, of gender bias in their respective circuits and to implement recommended reforms.
(b) Matters for examination The studies under subsection (a) may include an examination of the effects of gender on—
(1) the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges;
(2) the interpretation and application of the law, both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes in judicial proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision of probation and parole;
(7) appointments to committees of the Judicial Conference and the courts;
(8) case management and court sponsored alternative dispute resolution programs;
(9) the selection, retention, promotion, and treatment of employees;
(10) appointment of arbitrators, experts, and special masters;
(11) the admissibility of the victims past sexual history in civil and criminal cases; and
(12) the aspects of the topics listed in section 12372 of this title that pertain to issues within the jurisdiction of the Federal courts.
(c) Clearinghouse The Administrative Office of the United States Courts shall act as a clearinghouse to disseminate any reports and materials issued by the gender bias task forces under subsection (a) and to respond to requests for such reports and materials. The gender bias task forces shall provide the Administrative Office of the Courts of the United States 11 So in original. Probably should be “Administrative Office of the United States Courts”. with their reports and related material.
(d) Continuing education and training programs The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, shall include in the educational programs it prepares, including the training programs for newly appointed judges, information on the aspects of the topics listed in section 12372 of this title that pertain to issues within the jurisdiction of the Federal courts, and shall prepare materials necessary to implement this subsection.
(Pub. L. 103322, title IV, § 40421, Sept. 13, 1994, 108 Stat. 1944; Pub. L. 106386, div. B, title IV, § 1406(b)(1), Oct. 28, 2000, 114 Stat. 1516.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14001 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2000—Subsec. (d). Pub. L. 106386 amended heading and text of subsec. (d) generally, substituting provisions relating to continuing education and training programs for provisions relating to model programs.
@@ -0,0 +1,71 @@
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# 34 U.S.C. § 12391 - Payment of cost of testing for sexually transmitted diseases
## Text
(a) Omitted
(b) Limited testing of defendants (1) Court order The victim of an offense of the type referred to in subsection (a) 11 See Codification note below. may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling.
(2) Showing required To obtain an order under paragraph (1), the victim must demonstrate that—
(A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made;
(B) the test for the etiologic agent for acquired immune deficiency syndrome is requested by the victim after appropriate counseling; and
(C) the test would provide information necessary for the health of the victim of the alleged offense and the court determines that the alleged conduct of the defendant created a risk of transmission, as determined by the Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim.
(3) Follow-up testing The court may order follow-up tests and counseling under paragraph (1) if the initial test was negative. Such follow-up tests and counseling shall be performed at the request of the victim on dates that occur six months and twelve months following the initial test.
(4) Termination of testing requirements An order for follow-up testing under paragraph (3) shall be terminated if the person obtains an acquittal on, or dismissal of, all charges of the type referred to in subsection (a).1
(5) Confidentiality of test The results of any test ordered under this subsection shall be disclosed only to the victim or, where the court deems appropriate, to the parent or legal guardian of the victim, and to the person tested. The victim may disclose the test results only to any medical professional, counselor, family member or sexual partner(s) the victim may have had since the attack. Any such individual to whom the test results are disclosed by the victim shall maintain the confidentiality of such information.
(6) Disclosure of test results The court shall issue an order to prohibit the disclosure by the victim of the results of any test performed under this subsection to anyone other than those mentioned in paragraph (5). The contents of the court proceedings and test results pursuant to this section shall be sealed. The results of such test performed on the defendant under this section shall not be used as evidence in any criminal trial.
(7) Contempt for disclosure Any person who discloses the results of a test in violation of this subsection may be held in contempt of court.
(c) Penalties for intentional transmission of HIV Not later than 6 months after September 13, 1994, the United States Sentencing Commission shall conduct a study and prepare and submit to the committees 22 So in original. Probably should be capitalized. on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV.
(Pub. L. 103322, title IV, § 40503, Sept. 13, 1994, 108 Stat. 1946; Pub. L. 104294, title VI, § 604(b)(1), Oct. 11, 1996, 110 Stat. 3506.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14011 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section is comprised of section 40503 of Pub. L. 103322. Subsec. (a) of section 40503 of Pub. L. 103322 amended section 20141 of this title. Subsec. (c) of section 40503 of Pub. L. 103322 also enacted provisions listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure.
Amendments1996—Subsec. (b)(3). Pub. L. 104294 substituted “paragraph (1)” for “paragraph (b)(1)”.
Statutory Notes and Related Subsidiaries
Change of Name Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.
@@ -0,0 +1,49 @@
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# 34 U.S.C. § 12392 - Enforcement of statutory rape laws
## Text
(a) Sense of Senate It is the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws.
(b) Justice Department program on statutory rape Not later than January 1, 1997, the Attorney General shall establish and implement a program that—
(1) studies the linkage between statutory rape and teenage pregnancy, particularly by predatory older men committing repeat offenses; and
(2) educates State and local criminal law enforcement officials on the prevention and prosecution of statutory rape, focusing in particular on the commission of statutory rape by predatory older men committing repeat offenses, and any links to teenage pregnancy.
(c) Violence against women initiative The Attorney General shall ensure that the Department of Justices Violence Against Women initiative addresses the issue of statutory rape, particularly the commission of statutory rape by predatory older men committing repeat offenses.
(Pub. L. 104193, title IX, § 906, Aug. 22, 1996, 110 Stat. 2349.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14016 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
@@ -0,0 +1,51 @@
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# 34 U.S.C. § 12401 - Grant program
## Text
(a) In general The Attorney General is authorized to provide grants to States and units of local government to improve and implement processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases.
(b) Eligibility To be eligible to receive a grant under subsection (a), a State or unit of local government shall certify that it has or intends to establish a program that enters into the National Crime Information Center records of—
(1) warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence;
(2) arrests or convictions of persons violating protection 11 So in original. Probably should be followed by “orders intended to protect victims from stalking”. or domestic violence; and
(3) protection orders for the protection of persons from stalking or domestic violence.
(Pub. L. 103322, title IV, § 40602, Sept. 13, 1994, 108 Stat. 1951; Pub. L. 106386, div. B, title I, § 1106(b), Oct. 28, 2000, 114 Stat. 1497.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14031 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2000—Subsec. (a). Pub. L. 106386 inserted “and implement” after “improve”.
@@ -0,0 +1,49 @@
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# 34 U.S.C. § 12402 - Authorization of appropriations
## Text
There is authorized to be appropriated to carry out this part $3,000,000 for fiscal years 2023 through 2027.
(Pub. L. 103322, title IV, § 40603, Sept. 13, 1994, 108 Stat. 1951; Pub. L. 106386, div. B, title I, § 1106(a), Oct. 28, 2000, 114 Stat. 1497; Pub. L. 109162, title I, § 109, Jan. 5, 2006, 119 Stat. 2984; Pub. L. 1134, title XI, § 1103, Mar. 7, 2013, 127 Stat. 135; Pub. L. 117103, div. W, title XIII, § 1301, Mar. 15, 2022, 136 Stat. 927.)
## Notes
Editorial Notes
References in TextThis part, referred to in text, was in the original “this subtitle”, meaning subtitle F of title IV of Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1950, which enacted this part, amended section 534 of Title 28, Judiciary and Judicial Procedure, and enacted provisions set out as a note under section 534 of Title 28.
Codification Section was formerly classified to section 14032 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Pub. L. 117103 substituted “2023 through 2027” for “2014 through 2018”. 2013—Pub. L. 1134 substituted “$3,000,000 for fiscal years 2014 through 2018.” for “$3,000,000 for each of fiscal years 2007 through 2011.” 2006—Pub. L. 109162, § 109(2), which directed substitution of “2011” for “2006”, was executed by substituting “2011” for “2005” to reflect the probable intent of Congress, because “2006” does not appear in text. Pub. L. 109162, § 109(1), substituted “2007” for “2001”. 2000—Pub. L. 106386 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this part— “(1) $1,500,000 for fiscal year 1996; “(2) $1,750,000 for fiscal year 1997; and “(3) $2,750,000 for fiscal year 1998.”
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
@@ -0,0 +1,47 @@
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# 34 U.S.C. § 12403 - Application requirements
## Text
An application for a grant under this part shall be submitted in such form and manner, and contain such information, as the Attorney General may prescribe. In addition, applications shall include documentation showing—
(1) the need for grant funds and that State or local funding, as the case may be, does not already cover these operations;
(2) intended use of the grant funds, including a plan of action to increase record input; and
(3) an estimate of expected results from the use of the grant funds.
(Pub. L. 103322, title IV, § 40604, Sept. 13, 1994, 108 Stat. 1951.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14033 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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---
# 34 U.S.C. § 12404 - Disbursement
## Text
Not later than 90 days after the receipt of an application under this part, the Attorney General shall either provide grant funds or shall inform the applicant why grant funds are not being provided.
(Pub. L. 103322, title IV, § 40605, Sept. 13, 1994, 108 Stat. 1952.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14034 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
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---
# 34 U.S.C. § 12405 - Technical assistance, training, and evaluations
## Text
The Attorney General may provide technical assistance and training in furtherance of the purposes of this part, and may provide for the evaluation of programs that receive funds under this part, in addition to any evaluation requirements that the Attorney General may prescribe for grantees. The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through contracts or other arrangements with other entities.
(Pub. L. 103322, title IV, § 40606, Sept. 13, 1994, 108 Stat. 1952.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14035 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,43 @@
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---
# 34 U.S.C. § 12406 - Training programs for judges
## Text
The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 10701 11 See References in Text note below. of title 42) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources.
(Pub. L. 103322, title IV, § 40607, Sept. 13, 1994, 108 Stat. 1952.)
## Notes
Editorial Notes
References in TextSection 10701 of title 42, referred to in text, was in the original “section 202 of the State Justice Institute Authorization Act of 1984”, and was translated as reading “section 202 of the State Justice Institute Act of 1984”, which is section 202 of Pub. L. 98620, to reflect the probable intent of Congress.
Codification Section was formerly classified to section 14036 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12407 - Recommendations on intrastate communication
## Text
The State Justice Institute, after consultation with nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in stalking and domestic violence cases, shall recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts.
(Pub. L. 103322, title IV, § 40608, Sept. 13, 1994, 108 Stat. 1952.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14037 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
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---
# 34 U.S.C. § 12408 - Inclusion in National Incident-Based Reporting System
## Text
Not later than 2 years after September 13, 1994, the Attorney General, in accordance with the States, shall compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System (NIBRS).
(Pub. L. 103322, title IV, § 40609, Sept. 13, 1994, 108 Stat. 1952.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14038 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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---
# 34 U.S.C. § 12409 - Report to Congress
## Text
Each even-numbered fiscal year, the Attorney General shall submit to the Congress a biennial report that provides information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts and legislation.
(Pub. L. 103322, title IV, § 40610, Sept. 13, 1994, 108 Stat. 1952; Pub. L. 109162, § 3(b)(1), title XI, § 1135(a), Jan. 5, 2006, 119 Stat. 2971, 3108; Pub. L. 109271, §§ 2(d), 8(b), Aug. 12, 2006, 120 Stat. 752, 766.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14039 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2006—Pub. L. 109162, § 1135(a), which directed an amendment substantially identical to that directed by Pub. L. 109162, § 3(b)(1), was repealed by Pub. L. 109271. Pub. L. 109162, § 3(b)(1), which directed the substitution of “Each even-numbered fiscal year, the Attorney General shall submit to the Congress a biennial report that provides” for “The Attorney General shall submit to the Congress an annual report, beginning 1 year after September 13, 1994, that provides”, was executed by making the substitution for “The Attorney General shall submit to the Congress an annual report, beginning one year after September 13, 1994, that provides”, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Report Relating to Stalking LawsPub. L. 105119, title I, § 115(b)(2), Nov. 26, 1997, 111 Stat. 2467, provided that: “The Attorney General shall include in an annual report under section 40610 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14039) [now 34 U.S.C. 12409] information concerning existing or proposed State laws and penalties for stalking crimes against children.”
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# 34 U.S.C. § 12410 - Definitions
## Text
As used in this part—
(1) the term “national crime information databases” refers to the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and
(2) the term “protection order” includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
(Pub. L. 103322, title IV, § 40611, Sept. 13, 1994, 108 Stat. 1952.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14040 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,99 @@
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---
# 34 U.S.C. § 12421 - Training and services to end abuse in later life
## Text
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 prosecutors 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.
(Pub. L. 103322, title IV, § 40801, as added Pub. L. 106386, div. B, title II, § 1209(a), Oct. 28, 2000, 114 Stat. 1508; amended Pub. L. 1134, title II, § 204(a), Mar. 7, 2013, 127 Stat. 82; Pub. L. 117103, div. W, title II, § 204(2), Mar. 15, 2022, 136 Stat. 857.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14041 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Pub. L. 117103, § 204(2)(B), (C)(i), (ii), inserted introductory provisions, struck out subsec. (a) which defined “exploitation”, “later life”, and “neglect”, struck out subsec. (b) designation and heading and text of par. (1) of former subsec. (b) which authorized the Attorney General to make grants to eligible entities, and redesignated pars. (2) to (5) of former subsec. (b) as pars. (1) to (4). Pub. L. 117103, § 204(2)(A), substituted “Training” for “Enhanced training” in section catchline. Par. (1). Pub. L. 117103, § 204(2)(C)(iii)(I), struck out “, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect” after “life” wherever appearing. Par. (1)(A)(i). Pub. L. 117103, § 204(2)(C)(iii)(II)(aa), substituted “victim advocates, or” for “victim advocates, and” and “abuse in later life” for “elder abuse”. Par. (1)(A)(iv). Pub. L. 117103, § 204(2)(C)(iii)(II)(bb), substituted “leaders, victim advocates, victim service providers, courts, and first responders to better serve older victims” for “advocates, victim service providers, and courts to better serve victims of abuse in later life”. Par. (1)(B)(i). Pub. L. 117103, § 204(2)(C)(iii)(III)(aa), substituted “community-based organizations, or other professionals who may identify or respond to abuse in later life” for “or other community-based organizations in recognizing and addressing instances of abuse in later life”. Par. (1)(B)(ii). Pub. L. 117103, § 204(2)(C)(iii)(III)(bb), which directed amendment of cl. (ii) by striking “elder abuse and”, could not be executed because the words “elder abuse and” did not appear in text. Par. (2)(A)(iv). Pub. L. 117103, § 204(2)(C)(iv)(I)(aa), struck out “with demonstrated experience in assisting individuals over 50 years of age” after “organization”. Par. (2)(A)(v). Pub. L. 117103, § 204(2)(C)(iv)(I)(bb), struck out “with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking” after “provider”. Par. (2)(B)(iv). Pub. L. 117103, § 204(2)(C)(iv)(II), substituted “50 years of age or over.” for “in later life;”. Par. (4). Pub. L. 117103, § 204(2)(C)(v), substituted “$10,000,000” for “$9,000,000” and “2023 through 2027” for “2014 through 2018”. 2013—Pub. L. 1134 amended section generally. Prior to amendment, section defined terms for this part.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Effective Date of 2013 AmendmentAmendment by Pub. L. 1134 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.
@@ -0,0 +1,57 @@
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# 34 U.S.C. § 12431 - Task force
## Text
(a) Establish The Attorney General, in consultation with national nonprofit, nongovernmental organizations whose primary expertise is in domestic violence, shall establish a task force to coordinate research on domestic violence and to report to Congress on any overlapping or duplication of efforts on domestic violence issues. The task force shall be comprised of representatives from all Federal agencies that fund such research.
(b) Uses of funds Funds appropriated under this section shall be used to—
(1) develop a coordinated strategy to strengthen research focused on domestic violence education, prevention, and intervention strategies;
(2) track and report all Federal research and expenditures on domestic violence; and
(3) identify gaps and duplication of efforts in domestic violence research and governmental expenditures on domestic violence issues.
(c) Report The Task Force shall report to Congress annually on its work under subsection (b).
(d) Definition For purposes of this section, the term “domestic violence” has the meaning given such term by section 10447 11 See References in Text note below. of this title.
(e) Authorization of Appropriations There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2001 through 2004.
(Pub. L. 103322, title IV, § 40901, as added Pub. L. 106386, div. B, title IV, § 1407, Oct. 28, 2000, 114 Stat. 1517.)
## Notes
Editorial Notes
References in TextSection 10447 of this title, referred to in subsec. (d), was subsequently repealed and a new section 10447 enacted which does not define “domestic violence”. However, such term is defined in section 12291 of this title.
Codification Section was formerly classified to section 14042 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
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---
# 34 U.S.C. § 12441 - Grants to protect the privacy and confidentiality of victims of domestic violence, dating violence, sexual assault, and stalking
## Text
The Attorney General, through the Director of the Office on Violence Against Women, may award grants under this part to States, Indian tribes, territories, or local agencies or nonprofit, nongovernmental organizations to ensure that personally identifying information of adult, youth, and child victims of domestic violence, sexual violence, stalking, and dating violence shall not be released or disclosed to the detriment of such victimized persons.
(Pub. L. 103322, title IV, § 41101, as added Pub. L. 109162, title I, § 107, Jan. 5, 2006, 119 Stat. 2983.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,49 @@
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---
# 34 U.S.C. § 12442 - Purpose areas
## Text
Grants made under this part may be used—
(1) to develop or improve protocols, procedures, and policies for the purpose of preventing the release of personally identifying information of victims (such as developing alternative identifiers);
(2) to defray the costs of modifying or improving existing databases, registries, and victim notification systems to ensure that personally identifying information of victims is protected from release, unauthorized information sharing and disclosure;
(3) to develop confidential opt out systems that will enable victims of violence to make a single request to keep personally identifying information out of multiple databases, victim notification systems, and registries; or
(4) to develop safe uses of technology (such as notice requirements regarding electronic surveillance by government entities), to protect against abuses of technology (such as electronic or GPS stalking), or providing training for law enforcement on high tech electronic crimes of domestic violence, dating violence, sexual assault, and stalking.
(Pub. L. 103322, title IV, § 41102, as added Pub. L. 109162, title I, § 107, Jan. 5, 2006, 119 Stat. 2983.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043b1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12443 - Eligible entities
## Text
Entities eligible for grants under this part include—
(1) jurisdictions or agencies within jurisdictions having authority or responsibility for developing or maintaining public databases, registries or victim notification systems;
(2) nonprofit nongovernmental victim advocacy organizations having expertise regarding confidentiality, privacy, and information technology and how these issues are likely to impact the safety of victims;
(3) States or State agencies;
(4) local governments or agencies;
(5) Indian tribal governments or tribal organizations;
(6) territorial governments, agencies, or organizations; or
(7) nonprofit nongovernmental victim advocacy organizations, including statewide domestic violence and sexual assault coalitions.
(Pub. L. 103322, title IV, § 41103, as added Pub. L. 109162, title I, § 107, Jan. 5, 2006, 119 Stat. 2983.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043b2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12444 - Grant conditions
## Text
Applicants described in paragraph (1) and paragraphs (3) through (6) shall demonstrate that they have entered into a significant partnership with a State, tribal, territorial, or local victim service or advocacy organization or condition in order to develop safe, confidential, and effective protocols, procedures, policies, and systems for protecting personally identifying information of victims.
(Pub. L. 103322, title IV, § 41104, as added Pub. L. 109162, title I, § 107, Jan. 5, 2006, 119 Stat. 2984.)
## Notes
Editorial Notes
References in TextParagraph (1) and paragraphs (3) through (6), referred to in text, probably mean paragraphs (1) and (3) through (6) of section 12443 of this title.
Codification Section was formerly classified to section 14043b3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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---
# 34 U.S.C. § 12451 - Creating hope through outreach, options, services, and education for children and youth (“CHOOSE Children & Youth”)
## Text
(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 increase identification, support, referrals, and prevention programming for youth, including youth in underserved populations, who are at high risk of domestic violence, dating violence, sexual assault, stalking, or sex trafficking.
(3) Children exposed to violence and abuse To develop, maintain, or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to childrens exposure to violence in the home, including by—
(A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including—
(i) direct counseling or advocacy; and
(ii) support for the non-abusing parent; and
(B) training and coordination for educational, after-school, and childcare programs on how to—
(i) safely and confidentially identity children and families experiencing domestic violence, dating violence, sexual assault, or stalking; and
(ii) properly refer children exposed and their families to services and violence prevention programs.
(4) Teen dating violence awareness and prevention To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and individuals who influence young individuals, which—
(A) may include the use evidenced-based, evidence-informed, or innovative strategies and practices focused on youth; and
(B) shall include—
(i) age and developmentally-appropriate education on—
(I) domestic violence;
(II) dating violence;
(III) sexual assault;
(IV) stalking;
(V) sexual coercion; and
(VI) healthy relationship skills, in school, in the community, or in health care settings;
(ii) community-based collaboration and training for individuals with influence on youth, such as parents, teachers, coaches, healthcare providers, faith leaders, older teens, and mentors;
(iii) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and
(iv) policy development targeted to prevention, including school-based policies and protocols.
(c) Eligible applicants (1) In general To be eligible to receive a grant under this section, an entity shall be—
(A) a victim service provider, tribal nonprofit organization, Native Hawaiian organization, urban Indian organization, or population-specific or community-based organization with a demonstrated history of effective work addressing the needs of youth who are, including runaway or homeless youth affected by, victims of domestic violence, dating violence, sexual assault, stalking, or sex trafficking;
(B) a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth; or
(C) a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10 or section 921 of title 20, a group of schools, a school district, or an institution of higher education.
(2) Partnerships (A) Education To be eligible to receive a grant for the purposes described in subsection (b)(2), an entity described in subparagraph (A) or (B) of paragraph (1) shall be partnered with a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10 or section 921 of title 20, a group of schools, a school district, or an institution of higher education.
(B) Other partnerships All applicants under this section are encouraged to work in partnership with organizations and agencies that work with the relevant population. Such entities may include—
(i) a State, tribe, unit of local government, or territory;
(ii) a population specific or community-based organization;
(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or
(iv) any other agencies or nonprofit, nongovernmental organizations with the capacity to provide effective assistance to the adult, youth, and child victims served by the partnership.
(d) Grantee requirements Applicants for grants under this section shall establish and implement policies, practices, and procedures that—
(1) require and include appropriate referral systems for child and youth victims;
(2) protect the confidentiality and privacy of child and youth victim information, particularly in the context of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers all with priority on victim safety and autonomy; and
(3) ensure that all individuals providing intervention or prevention programming to children or youth through a program funded under this section have completed, or will complete, sufficient training in connection with domestic violence, dating violence, sexual assault, stalking, and sex trafficking, including training on working with youth victims of domestic violence, dating violence, sexual assault, or sex trafficking in underserved populations, if such youth are among those being served.
(e) Definitions and grant conditions In this section, the definitions and grant conditions provided for in section 12291 of this title shall apply.
(f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $30,000,000 for each of fiscal years 2023 through 2027.
(g) Allotment (1) In general Not less than 50 percent of the total amount appropriated under this section for each fiscal year shall be used for the purposes described in subsection (b)(1).
(2) Indian tribes Not less than 10 percent of the total amount appropriated under this section for each fiscal year shall be made available for grants under the program authorized by section 10452 of this title. The requirements of this section shall not apply to funds allocated under this paragraph.
(h) Priority The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.
(Pub. L. 103322, title IV, § 41201, as added Pub. L. 1134, title III, § 302, Mar. 7, 2013, 127 Stat. 84; amended Pub. L. 115393, title I, § 102, Dec. 21, 2018, 132 Stat. 5266; Pub. L. 117103, div. W, title III, § 302, Mar. 15, 2022, 136 Stat. 865.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 41201 of title IV of Pub. L. 103322, as added Pub. L. 109162, title III, § 303, Jan. 5, 2006, 119 Stat. 3004, related to services to advocate for and respond to youth, prior to repeal by Pub. L. 1134, title III, § 302, Mar. 7, 2013, 127 Stat. 84.
Amendments2022—Subsec. (b)(1). Pub. L. 117103, § 302(1)(A)(i), substituted “target youth, including youth in underserved populations, who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking” for “target youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking” in introductory provisions. Subsec. (b)(1)(D), (E). Pub. L. 117103, § 302(1)(A)(ii)(iv), added subpars. (D) and (E). Subsec. (b)(2)(A). Pub. L. 117103, § 302(1)(B)(i), substituted “stalking, sex trafficking, or female genital mutilation or cutting” for “stalking, or sex trafficking”. Subsec. (b)(2)(C). Pub. L. 117103, § 302(1)(B)(ii), inserted “confidential” before “support services”. Subsec. (b)(2)(E). Pub. L. 117103, § 302(1)(B)(iii), inserted “, including youth in underserved populations,” after “programming for youth”. Subsec. (b)(3), (4). Pub. L. 117103, § 302(1)(C), added pars. (3) and (4). Subsec. (c)(1)(A). Pub. L. 117103, § 302(2)(A)(ii), which directed insertion of “Native Hawaiian organization, urban Indian organization,” before “or population-specific community-based organization”, was executed by making the insertion before “or population-specific or community-based organization”, to reflect the probable intent of Congress. Pub. L. 117103, § 302(2)(A)(i), inserted “organization” after “tribal nonprofit”. Subsec. (c)(2)(A). Pub. L. 117103, § 302(2)(B), substituted “subparagraph (A) or (B) of paragraph (1)” for “paragraph (1)”. Subsec. (d)(3). Pub. L. 117103, § 302(3), substituted “, including training on working with youth victims of domestic violence, dating violence, sexual assault, or sex trafficking in underserved populations, if such youth are among those being served.” for period at end. Subsec. (f). Pub. L. 117103, § 302(4), which directed substitution of “$30,000,000 for each of fiscal years 2023 through 2027” for “$15,000,000 for each of fiscal years 2014 through 2018”, was executed by making the substitution for “$15,000,000 for each of fiscal years 2019 through 2022”, to reflect the probable intent of Congress. 2018—Subsec. (f). Pub. L. 115393 substituted “2019 through 2022” for “2014 through 2018”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Effective DateSection not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as an Effective Date of 2013 Amendment note under section 2261 of Title 18, Crimes and Criminal Procedure.
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# 34 U.S.C. § 12461 - Findings
## Text
Congress finds that—
(1) the former United States Advisory Board on Child Abuse suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country;
(2) studies suggest that as many as 10,000,000 children witness domestic violence every year;
(3) studies suggest that among children and teenagers, recent exposure to violence in the home was a significant factor in predicting a childs violent behavior;
(4) a study by the Nurse-Family Partnership found that children whose parents did not participate in home visitation programs that provided coaching in parenting skills, advice and support, were almost 5 times more likely to be abused in their first 2 years of life;
(5) a childs exposure to domestic violence seems to pose the greatest independent risk for being the victim of any act of partner violence as an adult;
(6) children exposed to domestic violence are more likely to believe that using violence is an effective means of getting ones needs met and managing conflict in close relationships;
(7) children exposed to abusive parenting, harsh or erratic discipline, or domestic violence are at increased risk for juvenile crime; and
(8) in a national survey of more than 6,000 American families, 50 percent of men who frequently assaulted their wives also frequently abused their children.
(Pub. L. 103322, title IV, § 41301, as added Pub. L. 109162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3017.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,53 @@
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# 34 U.S.C. § 12462 - Purpose
## Text
The purpose of this part is to—
(1) prevent crimes involving violence against women, children, and youth;
(2) increase the resources and services available to prevent violence against women, children, and youth;
(3) reduce the impact of exposure to violence in the lives of children and youth so that the intergenerational cycle of violence is interrupted;
(4) develop and implement education and services programs to prevent children in vulnerable families from becoming victims or perpetrators of domestic violence, dating violence, sexual assault, or stalking;
(5) promote programs to ensure that children and youth receive the assistance they need to end the cycle of violence and develop mutually respectful, nonviolent relationships; and
(6) encourage collaboration among community-based organizations and governmental agencies serving children and youth, providers of health and mental health services and providers of domestic violence, dating violence, sexual assault, and stalking victim services to prevent violence against women and children.
(Pub. L. 103322, title IV, § 41302, as added Pub. L. 109162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3018.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043d1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,97 @@
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# 34 U.S.C. § 12463 - Saving money and reducing tragedies through prevention (SMART Prevention)
## Text
(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 of parental or third party involvement and consent, mandatory reporting duties, and working with other service providers;
(C) ensure that all individuals providing prevention programming through a program funded under this section have completed or will complete sufficient training in connection with domestic violence, dating violence, sexual assault or stalking; and
(D) document how prevention programs are coordinated with service programs in the community.
(3) Preference In selecting grant recipients under this section, the Attorney General shall give preference to applicants that—
(A) include outcome-based evaluation;
(B) identify any other community, school, or State-based efforts that are working on domestic violence, dating violence, sexual assault, or stalking prevention and explain how the grantee or partnership will add value, coordinate with other programs, and not duplicate existing efforts; and
(C) include a focus on the unmet needs of underserved populations.
(e) Definitions and grant conditions In this section, the definitions and grant conditions provided for in section 12291 of this title shall apply.
(f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2023 through 2027. Amounts appropriated under this section may only be used for programs and activities described under this section.
(Pub. L. 103322, title IV, § 41303, as added Pub. L. 109162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3018; amended Pub. L. 1134, title IV, § 402(a), Mar. 7, 2013, 127 Stat. 92; Pub. L. 117103, div. W, title IV, § 402, Mar. 15, 2022, 136 Stat. 869.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (c)(2)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Codification Section was formerly classified to section 14043d2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (a). Pub. L. 117103, § 402(1), substituted “focusing on men and youth” for “taking a comprehensive approach that focuses on youth, children exposed to violence, and men”. Subsec. (b). Pub. L. 117103, § 402(2), struck out “for the following purposes:” after “may be used”, pars. (1) and (2), and par. (3) designation and heading, substituted “to develop” for “To develop”, and inserted “and youth” after “with men” and “helping men”. Prior to amendment, pars. (1) and (2) related to teen dating violence awareness and prevention and children exposed to violence and abuse, respectively. Subsec. (d)(3)(C). Pub. L. 117103, § 402(3), added subpar. (C). Subsec. (f). Pub. L. 117103, § 402(4), substituted “$20,000,000 for each of fiscal years 2023 through 2027” for “$15,000,000 for each of fiscal years 2014 through 2018”. Subsec. (g). Pub. L. 117103, § 402(5), struck out subsec. (g) which related to allotment of amounts appropriated under this section. 2013—Pub. L. 1134 amended section generally. Prior to amendment, section related to grants to assist children and youth exposed to violence.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Effective Date of 2013 AmendmentAmendment by Pub. L. 1134 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.
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# 34 U.S.C. § 12464 - Grants to support families in the justice system
## Text
(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 which the proposed programs and services serve underserved populations;
(C) the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community with demonstrated histories of effective work on domestic violence, dating violence, sexual assault, or stalking, including State or tribal domestic violence coalitions, State or tribal sexual assault coalitions, local shelters, and programs for domestic violence and sexual assault victims; and
(D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral.
(2) Other grants In making grants under subsection (b)(8) the Attorney General shall take into account the extent to which the grantee has expertise addressing the judicial systems handling of family violence, child custody, child abuse and neglect, adoption, foster care, supervised visitation, divorce, and parentage.
(d) Applicant requirements The Attorney General may make a grant under this section to an applicant that—
(1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate;
(2) ensures that any fees charged to individuals for use of supervised visitation programs and services are based on the income of those individuals, unless otherwise provided by court order;
(3) for a court-based program, certifies that victims of domestic violence, dating violence, sexual assault, or stalking are not charged fees or any other costs related to the filing, petitioning, modifying, issuance, registration, enforcement, withdrawal, or dismissal of matters relating to the domestic violence, dating violence, sexual assault, or stalking;
(4) demonstrates that adequate security measures, including adequate facilities, procedures, and personnel capable of preventing violence, and adequate standards are, or will be, in place (including the development of protocols or policies to ensure that confidential information is not shared with courts, law enforcement agencies, or child welfare agencies unless necessary to ensure the safety of any child or adult using the services of a program funded under this section), if the applicant proposes to operate supervised visitation programs and services or safe visitation exchange;
(5) certifies that the organizational policies of the applicant do not require mediation or counseling involving offenders and victims being physically present in the same place, in cases where domestic violence, dating violence, sexual assault, or stalking is alleged;
(6) certifies that any person providing legal assistance through a program funded under this section has completed or will complete training on domestic violence, dating violence, sexual assault, and stalking, including child sexual abuse, and related legal issues; and
(7) certifies that any person providing custody evaluation or guardian ad litem services through a program funded under this section has completed or will complete training developed with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault, or stalking victim service provider or coalition on the dynamics of domestic violence and sexual assault, including child sexual abuse, that includes training on how to review evidence of past abuse and the use of evidenced-based theories to make recommendations on custody and visitation.
(e) Authorization of appropriations There is authorized to be appropriated to carry out this section, $22,000,000 for each of fiscal years 2023 through 2027. Amounts appropriated pursuant to this subsection shall remain available until expended.
(f) Allotment for Indian tribes (1) 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.11 So in original. See References in Text note below.
(2) Applicability of part 22 So in original. Probably should be “section”. The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).
(g) Cultural relevance Any services provided pursuant to a grant funded under this section shall be provided in a culturally relevant manner.
(Pub. L. 106386, div. B, title III, § 1301, as added Pub. L. 1134, title I, § 104(a), Mar. 7, 2013, 127 Stat. 73; amended Pub. L. 117103, div. W, title I, § 104, Mar. 15, 2022, 136 Stat. 851.)
## Notes
Editorial Notes
References in TextSection 10452 of this title, referred to in subsec. (f)(1), was in the original “section 3796gg10 of this title”, and was translated as meaning section 2015 of Pub. L. 90351, which was classified to section 3796gg10 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 10452 of this title.
Codification Section was formerly classified to section 10420 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Violence Against Women Act of 2000 and also as part of the Victims of Trafficking and Violence Protection Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Prior ProvisionsA prior section 1301 of Pub. L. 106386, div. B, title III, Oct. 28, 2000, 114 Stat. 1509; Pub. L. 109162, § 3(b)(2), title III, § 306, title IX, § 906(d), formerly § 906(e), title XI, § 1135(b), Jan. 5, 2006, 119 Stat. 2971, 3016, 3081, 3109, renumbered § 906(d), Pub. L. 109271, § 7(b)(2)(B), Aug. 12, 2006, 120 Stat. 764; Pub. L. 109271, §§ 2(d), 7(d)(2), 8(b), Aug. 12, 2006, 120 Stat. 752, 766, related to safe havens for children, prior to repeal by Pub. L. 1134, title I, § 104(a), Mar. 7, 2013, 127 Stat. 73.
Amendments2022—Subsec. (b)(8). Pub. L. 117103, § 104(1), substituted “improve” for “to improve”. Subsec. (e). Pub. L. 117103, § 104(2), substituted “2023 through 2027” for “2014 through 2018”. Subsec. (g). Pub. L. 117103, § 104(3), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Effective DateSection not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 1134, set out as an Effective Date of 2013 Amendment note under section 2261 of Title 18, Crimes and Criminal Procedure.
Definitions For definitions of terms used in this section, see section 1002 of Pub. L. 106386, as amended, set out as a note under section 10447 of this title.
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# 34 U.S.C. § 12471 - Findings
## Text
Congress finds that:
(1) There is a strong link between domestic violence and homelessness. Among cities surveyed, 44 percent identified domestic violence as a primary cause of homelessness.
(2) Ninety-two percent of homeless women have experienced severe physical or sexual abuse at some point in their lives. Of all homeless women and children, 60 percent had been abused by age 12, and 63 percent have been victims of intimate partner violence as adults.
(3) Women and families across the country are being discriminated against, denied access to, and even evicted from public and subsidized housing because of their status as victims of domestic violence.
(4) A recent survey of legal service providers around the country found that these providers have responded to almost 150 documented eviction cases in the last year alone where the tenant was evicted because of the domestic violence crimes committed against her. In addition, nearly 100 clients were denied housing because of their status as victims of domestic violence.
(5) Women who leave their abusers frequently lack adequate emergency shelter options. The lack of adequate emergency options for victims presents a serious threat to their safety and the safety of their children. Requests for emergency shelter by homeless women with children increased by 78 percent of United States cities surveyed in 2004. In the same year, 32 percent of the requests for shelter by homeless families went unmet due to the lack of available emergency shelter beds.
(6) The average stay at an emergency shelter is 60 days, while the average length of time it takes a homeless family to secure housing is 6 to 10 months.
(7) Victims of domestic violence often return to abusive partners because they cannot find long-term housing.
(8) There are not enough Federal housing rent vouchers available to accommodate the number of people in need of long-term housing. Some people remain on the waiting list for Federal housing rent vouchers for years, while some lists are closed.
(9) Transitional housing resources and services provide an essential continuum between emergency shelter provision and independent living. A majority of women in transitional housing programs stated that had these programs not existed, they would have likely gone back to abusive partners.
(10) Because abusers frequently manipulate finances in an effort to control their partners, victims often lack steady income, credit history, landlord references, and a current address, all of which are necessary to obtain long-term permanent housing.
(11) Victims of domestic violence in rural areas face additional barriers, challenges, and unique circumstances, such as geographical isolation, poverty, lack of public transportation systems, shortages of health care providers, under-insurance or lack of health insurance, difficulty ensuring confidentiality in small communities, and decreased access to many resources (such as advanced education, job opportunities, and adequate childcare).
(12) Congress and the Secretary of Housing and Urban Development have recognized in recent years that families experiencing domestic violence have unique needs that should be addressed by those administering the Federal housing programs.
(Pub. L. 103322, title IV, § 41401, as added Pub. L. 109162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3030.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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# 34 U.S.C. § 12472 - Purpose
## Text
The purpose of this subpart is to reduce domestic violence, dating violence, sexual assault, and stalking, and to prevent homelessness by—
(1) protecting the safety of victims of domestic violence, dating violence, sexual assault, and stalking who reside in homeless shelters, public housing, assisted housing, tribally designated housing, or other emergency, transitional, permanent, or affordable housing, and ensuring that such victims have meaningful access to the criminal justice system without jeopardizing such housing;
(2) creating long-term housing solutions that develop communities and provide sustainable living solutions for victims of domestic violence, dating violence, sexual assault, and stalking;
(3) building collaborations among victim service providers, homeless service providers, housing providers, and housing agencies to provide appropriate services, interventions, and training to address the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking; and
(4) enabling public and assisted housing agencies, tribally designated housing entities, private landlords, property management companies, and other housing providers and agencies to respond appropriately to domestic violence, dating violence, sexual assault, and stalking, while maintaining a safe environment for all housing residents.
(Pub. L. 103322, title IV, § 41402, as added Pub. L. 109162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3031; amended Pub. L. 1134, title VI, § 601(a)(2), Mar. 7, 2013, 127 Stat. 102.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043e1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2013—Pub. L. 1134 substituted “subpart” for “part” in introductory provisions.
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# 34 U.S.C. § 12473 - Definitions
## Text
For purposes of this subpart—
(1) the term “assisted housing” means housing assisted—
(A) under sections 11 So in original. Probably should be “section”. 1715e, 1715k, 1715l(d)(3), 1715l(d)(4), 1715n(e), 1715v, or 1715z1 of title 12;
(B) under section 1701s of title 12;
(C) under section 1701q of title 12;
(D) under section 811 of the Cranston-Gonzales 22 So in original. Probably should be “Cranston-Gonzalez”. National Affordable Housing Act (42 U.S.C. 8013);
(E) under title II of the Cranston-Gonzales 2 National Affordable Housing Act [42 U.S.C. 12721 et seq.];
(F) under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);
(G) under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); or
(H) under section 1437f of title 42;
(2) the term “continuum of care” means a community plan developed to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and achieve maximum self-sufficiency;
(3) the term “low-income housing assistance voucher” means housing assistance described in section 1437f of title 42;
(4) the term “public housing” means housing described in section 1437a(b)(1) of title 42;
(5) the term “public housing agency” means an agency described in section 1437a(b)(6) of title 42;
(6) the terms “homeless”, “homeless individual”, and “homeless person”—
(A) mean an individual who lacks a fixed, regular, and adequate nighttime residence; and
(B) includes—
(i) an individual who—
(I) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;
(II) is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations;
(III) is living in an emergency or transitional shelter;
(IV) is abandoned in a hospital; or
(V) is awaiting foster care placement;
(ii) an individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or
(iii) migratory children (as defined in section 6399 of title 20) who qualify as homeless under this section because the children are living in circumstances described in this paragraph;
(7) the term “homeless service provider” means a nonprofit, nongovernmental homeless service provider, such as a homeless shelter, a homeless service or advocacy program, a tribal organization serving homeless individuals, or coalition or other nonprofit, nongovernmental organization carrying out a community-based homeless or housing program that has a documented history of effective work concerning homelessness;
(8) the term “tribally designated housing” means housing assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(9) the term “tribally designated housing entity” means a housing entity described in the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(21)); 33 So in original. The semicolon probably should be a period.
(Pub. L. 103322, title IV, § 41403, as added Pub. L. 109162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3031; amended Pub. L. 1134, title VI, § 601(a)(3), Mar. 7, 2013, 127 Stat. 102.)
## Notes
Editorial Notes
References in TextThe Cranston-Gonzalez National Affordable Housing Act, referred to in par. (1)(E), (F), is Pub. L. 101625, Nov. 28, 1990, 104 Stat. 4079. Title II of the Act, known as the HOME Investment Partnerships Act, is classified principally to subchapter II (§ 12721 et seq.) of chapter 130 of Title 42, The Public Health and Welfare. Subtitle D of title VIII of the Act, known as the AIDS Housing Opportunity Act, is classified generally to chapter 131 (§ 12901 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of Title 42 and Tables. The Housing and Community Development Act of 1974, referred to in par. (1)(G), is Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to chapter 69 (§ 5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables. The Native American Housing Assistance and Self-Determination Act of 1996, referred to in pars. (8) and (9), is Pub. L. 104330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. Par. (21) of section 4103 of Title 25 was redesignated par. (22) by Pub. L. 110411, § 3(2), Oct. 14, 2008, 122 Stat. 4320. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables.
Codification Section was formerly classified to section 14043e2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2013—Pub. L. 1134 substituted “subpart” for “part” in introductory provisions.
@@ -0,0 +1,127 @@
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# 34 U.S.C. § 12474 - Collaborative grants to increase the long-term stability of victims
## Text
(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 Developments Continuum of Care process;
(8) may include a State, tribal, territorial, or local government or government agency; and
(9) may include any other agencies or nonprofit, nongovernmental organizations with the capacity to provide effective help to adult and youth victims of domestic violence, dating violence, sexual assault, or stalking.
(c) Application Each eligible entity seeking funds under this section shall submit an application to the Secretary of Health and Human Services at such time, in such manner, and containing such information as the Secretary of Health and Human Services may require.
(d) Use of funds Funds awarded to eligible entities under subsection (a) shall be used to design or replicate and implement new activities, services, and programs to increase the stability and self-sufficiency of, and create partnerships to develop long-term housing options for adult and youth victims of domestic violence, dating violence, sexual assault, or stalking, and their dependents, who are currently homeless or at risk of becoming homeless. Such activities, services, or programs—
(1) shall develop sustainable long-term living solutions in the community by—
(A) coordinating efforts and resources among the various groups and organizations comprised in the entity to access existing private and public funding;
(B) assisting with the placement of individuals and families in long-term housing; and
(C) providing services to help individuals or families find and maintain long-term housing, including financial assistance and support services;
(2) may develop partnerships with individuals, organizations, corporations, or other entities that provide capital costs for the purchase, preconstruction, construction, renovation, repair, or conversion of affordable housing units;
(3) may use funds for the administrative expenses related to the continuing operation, upkeep, maintenance, and use of housing described in paragraph (2); and
(4) may provide to the community information about housing and housing programs, and the process to locate and obtain long-term housing.
(e) Limitation Funds provided under paragraph 11 So in original. Probably should be “subsection”. (a) shall not be used for construction, modernization or renovation.
(f) Underserved populations and priorities In awarding grants under this section, the Secretary of Health and Human Services shall—
(1) give priority to linguistically and culturally specific services;
(2) give priority to applications from entities that include a sexual assault service provider as described in subsection (b)(3); and
(3) award a minimum of 15 percent of the funds appropriated under this section in any fiscal year to tribal organizations.
(g) Definitions For purposes of this section:
(1) Affordable housing The term “affordable housing” means housing that complies with the conditions set forth in section 12745 of title 42.
(2) Long-term housing The term “long-term housing” means housing that is sustainable, accessible, affordable, and safe for the foreseeable future and is—
(A) rented or owned by the individual;
(B) subsidized by a voucher or other program which is not time-limited and is available for as long as the individual meets the eligibility requirements for the voucher or program; or
(C) provided directly by a program, agency, or organization and is not time-limited and is available for as long as the individual meets the eligibility requirements for the program, agency, or organization.
(h) Evaluation, monitoring, administration, and technical assistance For purposes of this section—
(1) up to 5 percent of the funds appropriated under subsection (i) for each fiscal year may be used by the Secretary of Health and Human Services for evaluation, monitoring, and administration costs under this section; and
(2) up to 8 percent of the funds appropriated under subsection (i) for each fiscal year may be used to provide technical assistance to grantees under this section.
(i) Authorization of appropriations There are authorized to be appropriated $4,000,000 for each of fiscal years 2023 through 2027 to carry out the provisions of this section.
(Pub. L. 103322, title IV, § 41404, as added Pub. L. 109162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3033; amended Pub. L. 109271, § 5(a), Aug. 12, 2006, 120 Stat. 759; Pub. L. 1134, title VI, § 603(1), Mar. 7, 2013, 127 Stat. 110; Pub. L. 117103, div. W, title VI, § 605(b), Mar. 15, 2022, 136 Stat. 886.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043e3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (i). Pub. L. 117103 substituted “2023 through 2027” for “2014 through 2018”. 2013—Subsec. (i). Pub. L. 1134 substituted “$4,000,000 for each of fiscal years 2014 through 2018” for “$10,000,000 for each of fiscal years 2007 through 2011”. 2006—Subsec. (a)(1). Pub. L. 109271, § 5(a)(1), substituted “for Children” for “of Children”. Subsec. (d). Pub. L. 109271, § 5(a)(2), struck out “(1) In general.—” before “Funds awarded to”, inserted “Such activities, services, or programs—” after “becoming homeless.”, substituted “(1)” for “(2) Activities, services, programs.—Such activities, services, or programs described in paragraph (1)”, redesignated pars. (3) to (5) as (2) to (4), respectively, and substituted “paragraph (2)” for “paragraph (3)” in par. (3), as so redesignated.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
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# 34 U.S.C. § 12475 - Grants to combat violence against women in public and assisted housing
## Text
(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 residents 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 Secretarys 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 victims 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 assisted housing provider receiving funds under this section may request that an individual claiming relief under this section certify that the individual is a victim of domestic violence, dating violence, sexual assault, or stalking. The individual shall provide a copy of such certification to the public housing agency, tribally designated housing entity, or assisted housing provider within a reasonable period of time after the agency or authority requests such certification.
(2) Contents An individual may satisfy the certification requirement of paragraph (1) by—
(A) providing the public housing agency, tribally designated housing entity, or assisted housing provider with documentation, signed by an employee, agent, or volunteer of a victim service provider, an attorney, a member of the clergy, a medical professional, or any other professional from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse; or
(B) producing a Federal, State, tribal, territorial, or local police or court record.
(3) Limitation Nothing in this subsection shall be construed to require any housing agency, assisted housing provider, tribally designated housing entity, owner, or manager to demand that an individual produce official documentation or physical proof of the individuals status as a victim of domestic violence, dating violence, sexual assault, or stalking, in order to receive any of the benefits provided in this section. A housing agency, assisted housing provider, tribally designated housing entity, owner, or manager may provide benefits to an individual based solely on the individuals statement or other corroborating evidence.
(4) Confidentiality (A) In general All information provided to any housing agency, assisted housing provider, tribally designated housing entity, owner, or manager pursuant to paragraph (1), including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking, shall be retained in confidence by such agency, and shall neither be entered into any shared database, nor provided to any related housing agency, assisted housing provider, tribally designated housing entity, owner, or manager, except to the extent that disclosure is—
(i) requested or consented to by the individual in writing; or
(ii) otherwise required by applicable law.
(B) Notification Public housing agencies must provide notice to tenants of their rights under this section, including their right to confidentiality and the limits thereof, and to owners and managers of their rights and obligations under this section.
(f) Use of funds Grants and contracts awarded pursuant to subsection (a) shall provide to eligible entities personnel, training, and technical assistance to develop and implement policies, practices, and procedures, making physical improvements or changes, and developing or enhancing collaborations for the purposes of—
(1) enabling victims of domestic violence, dating violence, sexual assault, and stalking with otherwise disqualifying rental, credit, or criminal histories to be eligible to obtain housing or housing assistance, if such victims would otherwise qualify for housing or housing assistance and can provide documented evidence that demonstrates the causal connection between such violence or abuse and the victims negative histories;
(2) permitting applicants for housing or housing assistance to provide incomplete rental and employment histories, otherwise required as a condition of admission or assistance, if the victim believes that providing such rental and employment history would endanger the victims or the victim childrens safety;
(3) protecting victims confidentiality, including protection of victims personally identifying information, address, or rental history;
(4) assisting victims who need to leave a public housing, tribally designated housing, or assisted housing unit quickly to protect their safety, including those who are seeking transfer to a new public housing unit, tribally designated housing unit, or assisted housing unit, whether in the same or a different neighborhood or jurisdiction;
(5) enabling the public housing agency, tribally designated housing entity, or assisted housing provider, or the victim, to remove, consistent with applicable State law, the perpetrator of domestic violence, dating violence, sexual assault, or stalking without evicting, removing, or otherwise penalizing the victim;
(6) enabling the public housing agency, tribally designated housing entity, or assisted housing provider, when notified, to honor court orders addressing rights of access to or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up;
(7) developing and implementing more effective security policies, protocols, and services;
(8) allotting not more than 15 percent of funds awarded under the grant to make modest physical improvements to enhance safety;
(9) training personnel to more effectively identify and respond to victims of domestic violence, dating violence, sexual assault, and stalking; and
(10) effectively providing notice to applicants and residents of the above housing policies, practices, and procedures.
(g) Authorization of appropriations There are authorized to be appropriated $4,000,000 for each of fiscal years 2023 through 2027 to carry out the provisions of this section.
(h) Technical assistance Up to 12 percent of the amount appropriated under subsection (g) for each fiscal year shall be used by the Attorney General for technical assistance costs under this section.
(Pub. L. 103322, title IV, § 41405, as added Pub. L. 109162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3035; amended Pub. L. 1134, title VI, § 603(2), Mar. 7, 2013, 127 Stat. 110; Pub. L. 117103, div. W, title VI, § 605(c), Mar. 15, 2022, 136 Stat. 887.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 14043e4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (b)(1). Pub. L. 117103, § 605(c)(1), substituted “the Director of the Office on Violence Against Women” for “the Director of the Violence Against Women Office”. Subsec. (c)(2)(D). Pub. L. 117103, § 605(c)(2), inserted “population-specific organizations,” after “linguistically and culturally specific service providers,”. Subsec. (g). Pub. L. 117103, § 605(c)(3), substituted “2023 through 2027” for “2014 through 2018”. 2013—Subsec. (g). Pub. L. 1134 substituted “$4,000,000 for each of fiscal years 2014 through 2018” for “$10,000,000 for each of fiscal years 2007 through 2011”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
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# 34 U.S.C. § 12491 - Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
## Text
(a) Definitions In this subpart:
(1) Affiliated individual The term “affiliated individual” means, with respect to an individual—
(A) a spouse, parent, sibling, or child of that individual, or an individual to whom that individual stands in loco parentis; or
(B) any individual, tenant, or lawful occupant living in the household of that individual.
(2) Appropriate agency The term “appropriate agency” means, with respect to a covered housing program, the Executive department (as defined in section 101 of title 5) that carries out the covered housing program.
(3) Covered housing program The term “covered housing program” means—
(A) the program under section 1701q of title 12, including the direct loan program under such section;
(B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);
(D) the programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);
(E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);
(F) the program under paragraph (3) of section 1715l(d) of title 12 that bears interest at a rate determined under the proviso under paragraph (5) of such section 1715l(d);
(G) the program under section 1715z1 of title 12;
(H) the programs under sections 1437d and 1437f of title 42;
(I) rural housing assistance provided under sections 1484, 1485, 1486, 1490m, 1490p2, and 1490r of title 42;
(J) the low income housing tax credit program under section 42 of title 26;
(K) the provision of assistance from the Housing Trust Fund established under section 4568 of title 12;
(L) the provision of assistance for housing under the Comprehensive Service Programs for Homeless Veterans program under subchapter II of chapter 20 of title 38;
(M) the provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section 2061 of title 38;
(N) the provision of assistance for permanent housing under the program for financial assistance for supportive services for very low-income veteran families in permanent housing under section 2044 of title 38;
(O) the provision of transitional housing assistance for victims of domestic violence, dating violence, sexual assault, or stalking under the grant program under subpart 4 of part B; and
(P) any other Federal housing programs providing affordable housing to low- and moderate-income persons by means of restricted rents or rental assistance, or more generally providing affordable housing opportunities, as identified by the appropriate agency through regulations, notices, or any other means.
(b) Prohibited basis for denial or termination of assistance or eviction (1) In general An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
(2) Construction of lease terms An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as—
(A) a serious or repeated violation of a lease for housing assisted under a covered housing program by the victim or threatened victim of such incident; or
(B) good cause for terminating the assistance, tenancy, or occupancy rights to housing assisted under a covered housing program of the victim or threatened victim of such incident.
(3) Termination on the basis of criminal activity (A) Denial of assistance, tenancy, and occupancy rights prohibited No person may deny assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking.
(B) Bifurcation (i) In general Notwithstanding subparagraph (A), a public housing agency or owner or manager of housing assisted under a covered housing program may bifurcate a lease for the housing in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant of the housing and who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant of the housing.
(ii) Effect of eviction on other tenants If public housing agency or owner or manager of housing assisted under a covered housing program evicts, removes, or terminates assistance to an individual under clause (i), and the individual is the sole tenant eligible to receive assistance under a covered housing program, the public housing agency or owner or manager of housing assisted under the covered housing program shall provide any remaining tenant or resident an opportunity to establish eligibility for the covered housing program. If a tenant or resident described in the preceding sentence cannot establish eligibility, the public housing agency or owner or manager of the housing shall provide the tenant or resident a reasonable time, as determined by the appropriate agency, to find new housing or to establish eligibility for housing under another covered housing program.
(C) Rules of construction Nothing in subparagraph (A) shall be construed—
(i) to limit the authority of a public housing agency or owner or manager of housing assisted under a covered housing program, when notified of a court order, to comply with a court order with respect to—
(I) the rights of access to or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; or
(II) the distribution or possession of property among members of a household in a case;
(ii) to limit any otherwise available authority of a public housing agency or owner or manager of housing assisted under a covered housing program to evict or terminate assistance to a tenant for any violation of a lease not premised on the act of violence in question against the tenant or an affiliated person of the tenant, if the public housing agency or owner or manager does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate;
(iii) to limit the authority to terminate assistance to a tenant or evict a tenant from housing assisted under a covered housing program if a public housing agency or owner or manager of the housing can demonstrate that an actual and imminent threat to other tenants or individuals employed at or providing service to the property would be present if the assistance is not terminated or the tenant is not evicted; or
(iv) to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.
(c) Documentation (1) Request for documentation If an applicant for, or tenant of, housing assisted under a covered housing program represents to a public housing agency or owner or manager of the housing that the individual is entitled to protection under subsection (b), the public housing agency or owner or manager may request, in writing, that the applicant or tenant submit to the public housing agency or owner or manager a form of documentation described in paragraph (3).
(2) Failure to provide certification (A) In general If an applicant or tenant does not provide the documentation requested under paragraph (1) within 14 business days after the tenant receives a request in writing for such certification from a public housing agency or owner or manager of housing assisted under a covered housing program, nothing in this subpart may be construed to limit the authority of the public housing agency or owner or manager to—
(i) deny admission by the applicant or tenant to the covered program;
(ii) deny assistance under the covered program to the applicant or tenant;
(iii) terminate the participation of the applicant or tenant in the covered program; or
(iv) evict the applicant, the tenant, or a lawful occupant that commits violations of a lease.
(B) Extension A public housing agency or owner or manager of housing may extend the 14-day deadline under subparagraph (A) at its discretion.
(3) Form of documentation A form of documentation described in this paragraph is—
(A) a certification form approved by the appropriate agency that—
(i) states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;
(ii) states that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b); and
(iii) includes the name of the individual who committed the domestic violence, dating violence, sexual assault, or stalking, if the name is known and safe to provide;
(B) a document that—
(i) is signed by—
(I) an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional, or a mental health professional from whom an applicant or tenant has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse; and
(II) the applicant or tenant; and
(ii) states under penalty of perjury that the individual described in clause (i)(I) believes that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b);
(C) a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or
(D) at the discretion of a public housing agency or owner or manager of housing assisted under a covered housing program, a statement or other evidence provided by an applicant or tenant.
(4) Confidentiality Any information submitted to a public housing agency or owner or manager under this subsection, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking shall be maintained in confidence by the public housing agency or owner or manager and may not be entered into any shared database or disclosed to any other entity or individual, except to the extent that the disclosure is—
(A) requested or consented to by the individual in writing;
(B) required for use in an eviction proceeding under subsection (b); or
(C) otherwise required by applicable law.
(5) Documentation not required Nothing in this subsection shall be construed to require a public housing agency or owner or manager of housing assisted under a covered housing program to request that an individual submit documentation of the status of the individual as a victim of domestic violence, dating violence, sexual assault, or stalking.
(6) Compliance not sufficient to constitute evidence of unreasonable act Compliance with subsection (b) by a public housing agency or owner or manager of housing assisted under a covered housing program based on documentation received under this subsection, shall not be sufficient to constitute evidence of an unreasonable act or omission by the public housing agency or owner or manager or an employee or agent of the public housing agency or owner or manager. Nothing in this paragraph shall be construed to limit the liability of a public housing agency or owner or manager of housing assisted under a covered housing program for failure to comply with subsection (b).
(7) Response to conflicting certification If a public housing agency or owner or manager of housing assisted under a covered housing program receives documentation under this subsection that contains conflicting information, the public housing agency or owner or manager may require an applicant or tenant to submit third-party documentation, as described in subparagraph (B), (C), or (D) of paragraph (3).
(8) Preemption Nothing in this subsection shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this subsection for victims of domestic violence, dating violence, sexual assault, or stalking.
(d) Notification (1) Development The Secretary of Housing and Urban Development shall develop a notice of the rights of individuals under this section, including the right to confidentiality and the limits thereof.
(2) Provision Each public housing agency or owner or manager of housing assisted under a covered housing program shall provide the notice developed under paragraph (1), together with the form described in subsection (c)(3)(A), to an applicant for or tenants of housing assisted under a covered housing program—
(A) at the time the applicant is denied residency in a dwelling unit assisted under the covered housing program;
(B) at the time the individual is admitted to a dwelling unit assisted under the covered housing program;
(C) with any notification of eviction or notification of termination of assistance; and
(D) in multiple languages, consistent with guidance issued by the Secretary of Housing and Urban Development in accordance with Executive Order 13166 (42 U.S.C. 2000d1 note; relating to access to services for persons with limited English proficiency).
(e) Emergency transfers Each appropriate agency shall adopt a model emergency transfer plan for use by public housing agencies and owners or managers of housing assisted under covered housing programs that—
(1) allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit assisted under a covered housing program if—
(A) the tenant expressly requests the transfer; and
(B) (i) the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same dwelling unit assisted under a covered housing program; or
(ii) in the case of a tenant who is a victim of sexual assault, the sexual assault occurred on the premises during the 90 day period preceding the request for transfer; and
(2) incorporates reasonable confidentiality measures to ensure that the public housing agency or owner or manager does not disclose the location of the dwelling unit of a tenant to a person that commits an act of domestic violence, dating violence, sexual assault, or stalking against the tenant.
(f) Policies and procedures for emergency transfer The Secretary of Housing and Urban Development shall establish policies and procedures under which a victim requesting an emergency transfer under subsection (e) may receive, subject to the availability of tenant protection vouchers, assistance under section 1437f(o) of title 42.
(g) Implementation The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to the covered housing program.
(Pub. L. 103322, title IV, § 41411, as added Pub. L. 1134, title VI, § 601(a)(4), Mar. 7, 2013, 127 Stat. 102; amended Pub. L. 114324, § 6, Dec. 16, 2016, 130 Stat. 1951; Pub. L. 117103, div. W, title VI, § 601, Mar. 15, 2022, 136 Stat. 881.)
## Notes
Editorial Notes
References in TextThe Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (a)(3)(C), (E), is Pub. L. 101625, Nov. 28, 1990, 104 Stat. 4079. Subtitle A of title II of the Act is classified generally to part A (§ 12741 et seq.) of subchapter II of chapter 130 of Title 42, The Public Health and Welfare. Subtitle D of title VIII of the Act, known as the AIDS Housing Opportunity Act, is classified generally to chapter 131 (§ 12901 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of Title 42 and Tables. The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(3)(D), is Pub. L. 10077, July 22, 1987, 101 Stat. 482. Title IV of the Act is classified principally to subchapter IV (§ 11360 et seq.) of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.
Codification Section was formerly classified to section 14043e11 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (a)(1)(A). Pub. L. 117103, § 601(1), substituted “sibling,” for “brother, sister,”. Subsec. (a)(3)(A). Pub. L. 117103, § 601(2)(A), inserted “, including the direct loan program under such section” before semicolon at end. Subsec. (a)(3)(D). Pub. L. 117103, § 601(2)(B), substituted “the programs under” for “the program under subtitle A of”. Subsec. (a)(3)(I). Pub. L. 117103, § 601(2)(C)(i), substituted “sections 1484, 1485, 1486, 1490m, 1490p2, and 1490r of title 42” for “sections 1484, 1485, 1486, 1490m, and 1490p2 of title 42”. Subsec. (a)(3)(K) to (P). Pub. L. 117103, § 601(2)(C)(ii), (D), (E), added subpars. (K) to (P). 2016—Subsec. (b)(3)(B)(ii). Pub. L. 114324 inserted “or resident” after “any remaining tenant” in first sentence and “or resident” after “tenant” in two places in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
@@ -0,0 +1,83 @@
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title: "34 U.S.C. § 12492"
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title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
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chapter_name: "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT"
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citation: "34 U.S.C. § 12492"
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---
# 34 U.S.C. § 12492 - Compliance reviews
## Text
(a) Regular compliance reviews (1) In general Each appropriate agency shall establish a process by which to review compliance with the requirements of this part, which shall—
(A) where possible, be incorporated into other existing compliance review processes of the appropriate agency, in consultation with the Gender-based Violence Prevention Office and Violence Against Women Act Director described in section 12493 of this title and any other relevant officials of the appropriate agency; and
(B) examine—
(i) compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking;
(ii) compliance with confidentiality provisions set forth in section 12491(c)(4) of this title;
(iii) compliance with the notification requirements set forth in section 12491(d)(2) of this title;
(iv) compliance with the provisions for accepting documentation set forth in section 12491(c) of this title;
(v) compliance with emergency transfer requirements set forth in section 12491(e) of this title; and
(vi) compliance with the prohibition on retaliation set forth in section 12494 of this title.
(2) Frequency Each appropriate agency shall conduct the review described in paragraph (1) on a regular basis, as determined by the appropriate agency.
(b) Regulations (1) In general Not later than 2 years after March 15, 2022, each appropriate agency shall issue regulations in accordance with section 553 of title 5 to implement subsection (a) of this section, which shall—
(A) define standards of compliance under covered housing programs;
(B) include detailed reporting requirements, including the number of emergency transfers requested and granted, as well as the length of time needed to process emergency transfers; and
(C) include standards for corrective action plans where compliance standards have not been met.
(2) Consultation In developing the regulations under paragraph (1), an appropriate agency shall engage in additional consultation with appropriate stakeholders including, as appropriate—
(A) individuals and organizations with expertise in the housing needs and experiences of victims of domestic violence, dating violence, sexual assault and stalking; and
(B) individuals and organizations with expertise in the administration or management of covered housing programs, including industry stakeholders and public housing agencies.
(c) Public disclosure Each appropriate agency shall ensure that an agency-level assessment of the information collected during the compliance review process completed pursuant to this subsection—
(1) includes an evaluation of each topic identified in subsection (a); and
(2) is made publicly available.
(Pub. L. 103322, title IV, § 41412, as added Pub. L. 117103, div. W, title VI, § 602, Mar. 15, 2022, 136 Stat. 882.)
## Notes
Editorial Notes
Codification Pub. L. 117103, div. W, title VI, § 602, which directed the addition of this section to chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 (34 U.S.C. 12491 et seq.), was executed by adding this section to chapter 2 of subtitle N of title IV of the Violent Crime Control and Law Enforcement Act of 1994 to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective DateSection not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as a note under section 6851 of Title 15, Commerce and Trade.

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