republic-os/legal/us/code/title-34/chapter-101/section-10449.md

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LegalText	34 U.S.C. § 10449	Rape exam payments	us	united_states_code	code_section	34	CRIME CONTROL AND LAW ENFORCEMENT	101	JUSTICE SYSTEM IMPROVEMENT	10449	34 U.S.C. § 10449	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip	/us/usc/t34/s10449	data/legal/raw/us/code/title-34/usc34.xml	5414c130cb0c07c7c6f6234f66bb0fcce400581baeace65485a3c1a58672fd56	7528207b20373f75fea96478ab5313727f47852e5364ee8c5ea18909f66a9da3	19e5c46a4bd76e13c18279cb23df84af432f437565d4b1fece5150e880258b30	2026-07-04	official	legal us-code

34 U.S.C. § 10449 - Rape exam payments

Text

(a) Restriction of funds (1) In general A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter 11 So in original. See References in Text note below. unless the State, Indian tribal government, unit of local government, or another governmental entity—

(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and

(B) coordinates with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims.

(2) Redistribution Funds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata.

(b) Medical costs A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity—

(1) provides such exams to victims free of charge to the victim; or

(2) arranges for victims to obtain such exams free of charge to the victims.

(c) Use of funds A State or Indian tribal government may use Federal grant funds under this subchapter to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers.

(d) Noncooperation (1) In general To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with subsection (b) without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement.

(2) Compliance period States, territories, and Indian tribal governments shall have 3 years from the date of enactment of this Act 1 to come into compliance with this section.

(e) Judicial notification (1) In general A State or unit of local government shall not be entitled to funds under this subchapter unless the State or unit of local government—

(A) certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18 and any applicable related Federal, State, or local laws; or

(B) gives the Attorney General assurances that its judicial administrative policies and practices will be in compliance with the requirements of subparagraph (A) within the later of—

(i) the period ending on the date on which the next session of the State legislature ends; or

(ii) 2 years.

(2) Redistribution Funds withheld from a State or unit of local government under subsection (a) shall be distributed to other States and units of local government, pro rata.

(Pub. L. 90–351, title I, § 2010, formerly § 2005, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1914; renumbered § 2010, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; amended Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, title I, § 101(f), Jan. 5, 2006, 119 Stat. 2974; Pub. L. 109–271, § 2(j), Aug. 12, 2006, 120 Stat. 753; Pub. L. 113–4, title I, § 101(4), Mar. 7, 2013, 127 Stat. 69.)

Notes

Editorial Notes

References in TextThis subchapter, referred to in subsec. (a)(1), was in the original “this subchapter”, and was translated as reading “this part”, meaning part T of title I of Pub. L. 90–351, to reflect the probable intent of Congress. The date of enactment of this Act, referred to in subsec. (d)(2), probably means the date of enactment of Pub. L. 113–4, which was approved Mar. 7, 2013.

Codification Section was formerly classified to section 3796gg–4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments2013—Subsec. (a)(1). Pub. L. 113–4, § 101(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) of this section for victims of sexual assault.” Subsec. (b). Pub. L. 113–4, § 101(4)(B), inserted “or” after the semicolon in par. (1), substituted a period for “; or” in par. (2), and struck out par. (3) which related to reimbursement of victims for the cost of exams under certain conditions. Subsec. (d). Pub. L. 113–4, § 101(4)(C), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to a rule of construction and a compliance period. 2006—Subsec. (c). Pub. L. 109–162 added subsec. (c). Subsec. (d). Pub. L. 109–271 designated existing provisions as par. (1), inserted par. heading, struck out “Nothing” before “in this section”, and added par. (2). Pub. L. 109–162 added subsec. (d). Subsec. (e). Pub. L. 109–162 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 AmendmentAmendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

Effective Date of 2006 AmendmentAmendment by Pub. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.