CHAPTER 121 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

Title 34 > CHAPTER 121

Sections (148)

§ 12101 Definitions

Unless otherwise provided, for purposes of this part— the term “indeterminate sentencing” means a system by which— the court may impose a sentence of a range defined by statute; and an administrative agency, generally the parole board, or the court, controls release within the statutory range; 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 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. 103–322, title II, § 20101 , as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996 , 110 Stat. 1321 , 1321–15; renumbered title I, Pub. L. 104–140, § 1(a) , May 2, 1996 , 110 Stat. 1327 .)

§ 12102 Authorization of grants

(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— 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; 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; to build or expand jails; and to carry out any activity referred to in section 10631(b) of this title .

(b) Regional compacts 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. 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. 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 .

§ 12103 Violent offender incarceration grants

(a) Eligibility for minimum grant To be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time deemed necessary to protect the public.

(b) Additional amount for increased percentage of persons sentenced and time served A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has, since 1993— increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or 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— 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 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).

§ 12104 Truth-in-sentencing incentive grants

(a) Eligibility To be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that demonstrates that— such State has implemented truth-in-sentencing laws that— 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 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); 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 in the case of a State that on April 26, 1996 , practices indeterminate sentencing with regard to any part 1 violent crime— persons convicted of a part 1 violent crime on average serve not less than 85 percent of the prison term established under the State’s sentencing and release guidelines; or 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 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— the name, gender, race, ethnicity, and age of the deceased; the date, time, and location of death; and 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— a geriatric prisoner; or a prisoner whose medical condition precludes the prisoner from posing a threat to the public, but only after a public hearing in which representatives of the public and the prisoner’s victims have had an opportunity to be heard regarding a proposed release.

§ 12105 Special rules

(a) Sharing of funds with counties and other units of local government 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. 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— 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; 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 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) 1 of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.

§ 12106 Formula for grants

(a) Allocation of violent offender incarceration grants under section 12103 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): 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. 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. 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: 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. 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.

§ 12107 Accountability

(a) Fiscal requirements A State that receives funds under this part shall use accounting, audit, and fiscal procedures that conform to guidelines prescribed by the Attorney General, and shall ensure that any funds used to carry out the programs under 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.

§ 12108 Authorization of appropriations

(a) In general There are authorized to be appropriated to carry out this part— $997, 500, 000 f or f i sc a l ye a r 1996;$ 1,330,000,000 for fiscal year 1997; $2, 527, 000, 000 f or f i sc a l ye a r 1998;$ 2,660,000,000 for fiscal year 1999; and $2,753,100,000 for fiscal year 2000. 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 . 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 Except as provided in section 1 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 . 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. 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— administration; 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; technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this part; and data collection and improvement of information systems relating to the confinement of violent offenders and other sentencing and correctional matters. Funds appropriated pursuant to this section during any fiscal year shall remain available until expended. Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent as may 2 provided in appropriations Acts, for the purpose described in 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. 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.

§ 12109 Payments for incarceration on tribal lands

(a) Reservation of funds Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to carry out this section.

(b) Grants to Indian tribes From the amounts reserved under subsection (a), the Attorney General shall provide grants— to Indian tribes for purposes of— construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction; entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and developing and implementing alternatives to incarceration in tribal jails; 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; 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. in 1 providing grants under this subsection, the Attorney General shall take into consideration applicable— reservation crime rates; annual tribal court convictions; and bed space needs. 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— a description of proposed activities for— 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; contracting with State and local detention centers, on approval of the affected tribal governments; and alternatives to incarceration, developed in cooperation with tribal court systems; an assessment and consideration of the construction of Federal detention facilities in Indian country; and 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.

§ 12110 Payments to eligible States for incarceration of criminal aliens

(a) In general The Attorney General shall make a payment to each State which is eligible under section 1252(j) 1 of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section.

(b) Authorization of appropriations Notwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under 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 $500, 000, 000 an df ore a c h o f t h e f i sc a l ye a rs 1997 t h ro ug h 2000 d oes n o t e x cee d$ 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.

§ 12111 Support of Federal prisoners in non-Federal institutions

(a) In general The Attorney General may make payments to States and units of local government for the purposes authorized in 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.

§ 12112 Report by Attorney General

Beginning on October 1, 1996 , and each subsequent July 1 thereafter, the Attorney General shall report to the Congress on the implementation of this part, including a report on the eligibility of the States under sections 12103 and 12104 of this title, and the distribution and use of funds under this part. ( Pub. L. 103–322, title II, § 20112 , as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996 , 110 Stat. 1321 , 1321–21; renumbered title I, Pub. L. 104–140, § 1(a) , May 2, 1996 , 110 Stat. 1327 .)

§ 12113 Aimee’s Law

(a) Short title This section may be cited as “Aimee’s Law”.

(b) Definitions Pursuant to regulations promulgated by the Attorney General hereunder, in this section: The term “dangerous sexual offense” means any offense under State law for conduct that would constitute an offense under chapter 109A of title 18 had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. The term “murder” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. The term “rape” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.

(c) Penalty Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10, 000, f or i t sre l a t e d a pp re h e n s i o nan d p rosec u t i o n cos t s, an d$ 22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation. Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10, 000, f or i t sre l a t e d a pp re h e n s i o nan d p rosec u t i o n cos t s, an d$ 22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation. Pursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless— the term of imprisonment imposed by the State on the individual described in paragraph (1) or (2), as applicable, was not less than the average term of imprisonment imposed for that offense in all States; or with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served not less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense. For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences.

(d) State applications In order to receive an amount under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State.

(e) Source of funds Pursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to section 10156 of this title that convicted such individual of the prior offense before the distribution of the funds to the State. No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31 1 The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule.

(f) Construction Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution.

(g) Exception Pursuant to regulations promulgated by the Attorney General hereunder, this section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) and subsequently been convicted for an offense described in subsection (c).

(h) Report The Attorney General shall— conduct a study evaluating the implementation of this section; and not later than October 1, 2006 , submit to Congress a report on the results of that study.

(i) Collection of recidivism data Beginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State (where practicable)— the number of convictions during that calendar year for— any dangerous sexual offense; rape; and murder; and the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph. The Attorney General shall submit to Congress— a report, by not later than 6 months after January 5, 2006 , that provides national estimates of the nature and extent of recidivism (with an emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses; a report, by not later than October 1, 2007 , and October 1 of each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in any State applications under this section; and reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1).

(j) Effective date This section shall take effect on January 1, 2002 .

§ 12121 Task force on prison construction standardization and techniques

(a) Task force The Director of the National Institute of Corrections shall, subject to availability of appropriations, establish a task force composed of Federal, State, and local officials expert in prison construction, and of at least an equal number of engineers, architects, and construction experts from the private sector with expertise in prison design and construction, including the use of cost-cutting construction standardization techniques and cost-cutting new building materials and technologies.

(b) Cooperation The task force shall work in close cooperation and communication with other State and local officials responsible for prison construction in their localities.

(c) Performance requirements The task force shall work to— establish and recommend standardized construction plans and techniques for prison and prison component construction; and 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— work to promote the implementation of cost-saving efforts at the Federal, State, and local levels; evaluate and advise on the results and effectiveness of such cost-saving efforts as adopted, broadly disseminating information on the results; and to the extent feasible, certify the effectiveness of the cost-savings efforts.

§ 12122 Efficiency in law enforcement and corrections

(a) In general In the administration of each grant program funded by appropriations authorized by this Act or by an amendment made by this Act, the Attorney General shall encourage— 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 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.

§ 12123 Conversion of closed military installations into Federal prison facilities

(a) Study of suitable bases The Secretary of Defense and the Attorney General shall jointly conduct a study of all military installations selected before September 13, 1994 , to be closed pursuant to a base closure law for the purpose of evaluating the suitability of any of these installations, or portions of these installations, for conversion into Federal prison facilities. As part of the study, the Secretary and the Attorney General shall identify the military installations so evaluated that are most suitable for conversion into Federal prison facilities.

(b) Suitability for conversion In evaluating the suitability of a military installation for conversion into a Federal prison facility, the Secretary of Defense and the Attorney General shall consider the estimated cost to convert the installation into a prison facility and such other factors as the Secretary and the Attorney General consider to be appropriate.

(c) Time for study The study required by subsection (a) shall be completed not later than the date that is 180 days after September 13, 1994 .

(d) Construction of Federal prisons In determining where to locate any new Federal prison facility, and in accordance with the Department of Justice’s duty to review and identify a use for any portion of an installation closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ) and the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ), the Attorney General shall— 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; consider whether such use is consistent with a reutilization and redevelopment plan; and 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. 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. 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. 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— the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note); and title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C. 2687 note).

§ 12124 Correctional job training and placement

(a) Purpose It is the purpose of this section to encourage and support job training programs, and job placement programs, that provide services to incarcerated persons or ex-offenders.

(b) Definitions As used in this section: 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. 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. 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. 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 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. 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— 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; provide technical assistance to State and local employment and training agencies that— receive financial assistance under this Act; or 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; 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; 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; cooperate with other Federal agencies carrying out correctional job training or placement programs to ensure coordination of such programs throughout the United States; consult with, and provide outreach to— State job training coordinating councils, administrative entities, and private industry councils, with respect to programs carried out under this Act; and other State and local officials, with respect to other employment or training programs carried out by the Department of Justice or Department of Labor; 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 collect from States and local governments information on the development and implementation of correctional job training or placement programs; and disseminate such information, as appropriate.

§ 12131 Ounce of Prevention Council

(a) Establishment There is established an Ounce of Prevention Council (referred to in this subchapter as the “Council”), the members of which— 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 may include other officials of the executive branch as directed by the President. The President shall designate the Chair of the Council from among its members (referred to in this subchapter as the “Chair”). 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.

§ 12132 Ounce of prevention grant program

(a) In general The Council may make grants for— summer and after-school (including weekend and holiday) education and recreation programs; mentoring, tutoring, and other programs involving participation by adult role models (such as D.A.R.E. America); programs assisting and promoting employability and job placement; and 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 The Federal share of a grant made under this part 1 may not exceed 75 percent of the total costs of the projects described in the applications submitted under subsection (b) for the fiscal year for which the projects receive assistance under this subchapter. 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. The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services. 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. The Council shall conduct a thorough evaluation of the programs assisted under this subchapter.

§ 12133 “Indian tribe” defined

In this part, “Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), 1 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. 103–322, title III, § 30103 , Sept. 13, 1994 , 108 Stat. 1838 .)

§ 12141 Grant authorization

(a) Establishment The Attorney General may award grants to not more than 15 chronic high intensive crime areas to develop comprehensive model crime prevention programs that— 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; attempt to relieve conditions that encourage crime; and provide meaningful and lasting alternatives to involvement in crime. 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— are innovative in approach to the prevention of crime in a specific area; vary in approach to ensure that comparisons of different models may be made; and 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.

§ 12142 Uses of funds

(a) In general Funds awarded under this part may be used only for purposes described in an approved application. The intent of grants under this part is to fund intensively comprehensive crime prevention programs in chronic high intensive crime areas.

(b) Guidelines The Attorney General shall issue and publish in the Federal Register guidelines that describe suggested purposes for which funds under approved programs may be used.

(c) Equitable distribution of funds In disbursing funds under this part, the Attorney General shall ensure the distribution of awards equitably on a geographic basis, including urban and rural areas of varying population and geographic size.

§ 12143 Program requirements

(a) Description An applicant shall include a description of the distinctive factors that contribute to chronic violent crime within the area proposed to be served by the grant. Such factors may include lack of alternative activities and programs for youth, deterioration or lack of public facilities, inadequate public services such as public transportation, street lighting, community-based substance abuse treatment facilities, or employment services offices, and inadequate police or public safety services, equipment, or facilities.

(b) Comprehensive plan An applicant shall include a comprehensive, community-based plan to attack intensively the principal factors identified in subsection (a). Such plans shall describe the specific purposes for which funds are proposed to be used and how each purpose will address specific factors. The plan also shall specify how local nonprofit organizations, government agencies, private businesses, citizens groups, volunteer organizations, and interested citizens will cooperate in carrying out the purposes of the grant.

(c) Evaluation An applicant shall include an evaluation plan by which the success of the plan will be measured, including the articulation of specific, objective indicia of performance, how the indicia will be evaluated, and a projected timetable for carrying out the evaluation.

§ 12144 Applications

To request a grant under this part the chief local elected official of an area shall— 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 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. 103–322, title III, § 30304 , Sept. 13, 1994 , 108 Stat. 1845 .)

§ 12145 Reports

Not later than December 31, 1998 , the Attorney General shall prepare and submit to the Committees on the Judiciary of the House and Senate an evaluation of the model programs developed under this part and make recommendations regarding the implementation of a national crime prevention program. ( Pub. L. 103–322, title III, § 30305 , Sept. 13, 1994 , 108 Stat. 1846 .)

§ 12146 Definitions

In this part— “chief local elected official” means an official designated under regulations issued by the Attorney General. The criteria used by the Attorney General in promulgating such regulations shall ensure administrative efficiency and accountability in the expenditure of funds and execution of funded projects under this part. “chronic high intensity crime area” means an area meeting criteria adopted by the Attorney General by regulation that, at a minimum, define areas with— (A) consistently high rates of violent crime as reported in the Federal Bureau of Investigation’s “Uniform Crime Reports”, and (B) chronically high rates of poverty as determined by the Bureau of the Census. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. ( Pub. L. 103–322, title III, § 30306 , Sept. 13, 1994 , 108 Stat. 1846 .)

§ 12161 Community schools youth services and supervision grant program

(a) Short title This section may be cited as the “Community Schools Youth Services and Supervision Grant Program Act of 1994”. (b) Definitions In this section— “child” means a person who is not younger than 5 and not older than 18 years old. “community-based organization” means a private, locally initiated, community-based organization that— (A) is a nonprofit organization, as defined in section 11103(23) of this title ; and (B) is operated by a consortium of service providers, consisting of representatives of 5 or more of the following categories of persons: (i) Residents of the community. (ii) Business and civic leaders actively involved in providing employment and business development opportunities in the community. (iii) Educators. (iv) Religious organizations (which shall not provide any sectarian instruction or sectarian worship in connection with an activity funded under this subchapter). (v) Law enforcement agencies. (vi) Public housing agencies. (vii) Other public agencies. (viii) Other interested parties. “eligible community” means an area identified pursuant to subsection (e). “Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act ( 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. “poverty line” means the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 9902(2) of title 42 1 applicable to a family of the size involved. “public school” means a public elementary school, as defined in section 1001(i) 2 of title 20, and a public secondary school, as defined in section 1001(d) 2 of title 20. “Secretary” means the Secretary of Health and Human Services, in consultation and coordination with the Attorney General. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands. (c) Program authority (1) In general (A) Allocations for States and Indian country For any fiscal year in which the sums appropriated to carry out this section equal or exceed 20,000,000, the Secretary may award grants on a competitive basis to eligible community-based organizations to pay for the Federal share of assisting eligible communities to develop and carry out programs in accordance with this section. (3) Administrative costs The Secretary may use not more than 3 percent of the funds appropriated to carry out this section in any fiscal year for administrative costs. (d) Program requirements (1) Location A community-based organization that receives a grant under this section to assist in carrying out such a program shall ensure that the program is carried out— (A) when appropriate, in the facilities of a public school during nonschool hours; or (B) in another appropriate local facility in a State or Indian country, such as a college or university, a local or State park or recreation center, church, or military base, that is— (i) in a location that is easily accessible to children in the community; and (ii) in compliance with all applicable local ordinances. (2) Use of funds Such community-based organization— (A) shall use funds made available through the grant to provide, to children in the eligible community, services and activities that— (i) 3 shall include supervised sports programs, and extracurricular and academic programs, that are offered— (I) after school and on weekends and holidays, during the school year; and (II) as daily full-day programs (to the extent available resources permit) or as part-day programs, during the summer months; (B) in providing such extracurricular and academic programs, shall provide programs such as curriculum-based supervised educational, work force preparation, entrepreneurship, cultural, health programs, social activities, arts and crafts programs, dance programs, tutorial and mentoring programs, and other related activities; (C) may use— (i) such funds for minor renovation of facilities that are in existence prior to the operation of the program and that are necessary for the operation of the program for which the organization receives the grant, purchase of sporting and recreational equipment and supplies, reasonable costs for the transportation of participants in the program, hiring of staff, provision of meals for such participants, provision of health services consisting of an initial basic physical examination, provision of first aid and nutrition guidance, family counselling, parental training, and substance abuse treatment where appropriate; and (ii) not more than 5 percent of such funds to pay for the administrative costs of the program; and (D) may not use such funds to provide sectarian worship or sectarian instruction. (e) Eligible community identification (1) Identification To be eligible to receive a grant under this section, a community-based organization shall identify an eligible community to be assisted under this section. (2) Criteria Such eligible community shall be an area that meets such criteria with respect to significant poverty and significant juvenile delinquency, and such additional criteria, as the Secretary may by regulation require. (f) Applications (1) Application required To be eligible to receive a grant under this section, a community-based organization shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require, and obtain approval of such application. (2) Contents of application Each application submitted pursuant to paragraph (1) shall— (A) describe the activities and services to be provided through the program for which the grant is sought; (B) contain an assurance that the community-based organization will spend grant funds received under this section in a manner that the community-based organization determines will best accomplish the objectives of this section; (C) contain a comprehensive plan for the program that is designed to achieve identifiable goals for children in the eligible community; (D) set forth measurable goals and outcomes for the program that— (i) will— (I) where appropriate, make a public school the focal point of the eligible community; or (II) make a local facility described in subsection (d)(1)(B) such a focal point; and (ii) may include reducing the percentage of children in the eligible community that enter the juvenile justice system, increasing the graduation rates, school attendance, and academic success of children in the eligible community, and improving the skills of program participants; (E) provide evidence of support for accomplishing such goals and outcomes from— (i) community leaders; (ii) businesses; (iii) local educational agencies; (iv) local officials; (v) State officials; (vi) Indian tribal government officials; and (vii) other organizations that the community-based organization determines to be appropriate; (F) contain an assurance that the community-based organization will use grant funds received under this section to provide children in the eligible community with activities and services that shall include supervised sports programs, and extracurricular and academic programs, in accordance with subparagraphs (A) and (B) of subsection (d)(2); (G) contain a list of the activities and services that will be offered through the program for which the grant is sought and sponsored by private nonprofit organizations, individuals, and groups serving the eligible community, including— (i) extracurricular and academic programs, such as programs described in subsection (d)(2)(B); and (ii) activities that address specific needs in the community; (H) demonstrate the manner in which the community-based organization will make use of the resources, expertise, and commitment of private entities in carrying out the program for which the grant is sought; (I) include an estimate of the number of children in the eligible community expected to be served pursuant to the program; (J) include a description of charitable private resources, and all other resources, that will be made available to achieve the goals of the program; (K) contain an assurance that the community-based organization will use competitive procedures when purchasing, contracting, or otherwise providing for goods, activities, or services to carry out programs under this section; (L) contain an assurance that the program will maintain a staff-to-participant ratio (including volunteers) that is appropriate to the activity or services provided by the program; (M) contain an assurance that the program will maintain an average attendance rate of not less than 75 percent of the participants enrolled in the program, or will enroll additional participants in the program; (N) contain an assurance that the community-based organization will comply with any evaluation under subsection (m), 4 any research effort authorized under Federal law, and any investigation by the Secretary; (O) contain an assurance that the community-based organization shall prepare and submit to the Secretary an annual report regarding any program conducted under this section; (P) contain an assurance that the program for which the grant is sought will, to the maximum extent possible, incorporate services that are provided solely through non-Federal private or nonprofit sources; and (Q) contain an assurance that the community-based organization will maintain separate accounting records for the program. (3) Priority In awarding grants to carry out programs under this section, the Secretary shall give priority to community-based organizations who submit applications that demonstrate the greatest effort in generating local support for the programs. (g) Eligibility of participants (1) In general To the extent possible, each child who resides in an eligible community shall be eligible to participate in a program carried out in such community that receives assistance under this section. (2) Eligibility To be eligible to participate in a program that receives assistance under this section, a child shall provide the express written approval of a parent or guardian, and shall submit an official application and agree to the terms and conditions of participation in the program. (3) Nondiscrimination In selecting children to participate in a program that receives assistance under this section, a community-based organization shall not discriminate on the basis of race, color, religion, sex, national origin, or disability. (h) Peer review panel (1) Establishment The Secretary may establish a peer review panel that shall be comprised of individuals with demonstrated experience in designing and implementing community-based programs. (2) Composition A peer review panel shall include at least 1 representative from each of the following: (A) A community-based organization. (B) A local government. (C) A school district. (D) The private sector. (E) A charitable organization. (F) A representative of the United States Olympic Committee, at the option of the Secretary. (3) Functions A peer review panel shall conduct the initial review of all grant applications received by the Secretary under subsection (f), make recommendations to the Secretary regarding— (A) grant funding under this section; and (B) a design for the evaluation of programs assisted under this section. (i) Investigations and inspections The Secretary may conduct such investigations and inspections as may be necessary to ensure compliance with the provisions of this section. (j) Payments; Federal share; non-Federal share (1) Payments The Secretary shall, subject to the availability of appropriations, pay to each community-based organization having an application approved under subsection (f) the Federal share of the costs of developing and carrying out programs described in subsection (c). (2) Federal share The Federal share of such costs shall be no more than— (A) 75 percent for each of fiscal years 1995 and 1996; (B) 70 percent for fiscal year 1997; and (C) 60 percent for fiscal year 1998 and thereafter. (3) Non-Federal share (A) In general The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services (including the services described in subsection (f)(2)(P)), and funds appropriated by the Congress for the activity of any agency of an Indian tribal government or the Bureau of Indian Affairs on any Indian lands may be used to provide the non-Federal share of the costs of programs or projects funded under this part. (B) Special rule At least 15 percent of the non-Federal share of such costs shall be provided from private or nonprofit sources. (k) Evaluation The Secretary shall conduct a thorough evaluation of the programs assisted under this section, which shall include an assessment of— (1) the number of children participating in each program assisted under this section; (2) the academic achievement of such children; (3) school attendance and graduation rates of such children; and (4) the number of such children being processed by the juvenile justice system. ( Pub. L. 103–322, title III, § 30401 , Sept. 13, 1994 , 108 Stat. 1846 ; Pub. L. 105–244, title I, § 102(a)(13)(N) , Oct. 7, 1998 , 112 Stat. 1621 .)

§ 12171 Grant authority

(a) Grants 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. 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— is a nonprofit organization; and has training and experience in— working with a police department and with teachers, counselors, and similar personnel, providing services to the community in which the organization is located, 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, developing and managing services and techniques to assist in the retention of applicants to police departments, and 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— the overall design of the program is to recruit and retain applicants to a police department; the program provides recruiting services which include tutorial programs to enable individuals to meet police force academic requirements and to pass entrance examinations; the program provides counseling to applicants to police departments who may encounter problems throughout the application process; and 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— include documentation from the applicant showing— the need for the grant; the intended use of grant funds; expected results from the use of grant funds; and demographic characteristics of the population to be served, including age, disability, race, ethnicity, and languages used; and 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— approve the application and disburse the grant funds applied for; or 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— priority is given to applications for areas and organizations with the greatest showing of need; that grant funds are equitably distributed on a geographic basis; and 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 For each year of a grant period for a grant under subsection (a), the recipient of the grant shall file a performance report with the Attorney General explaining the activities carried out with the funds received and assessing the effectiveness of such activities in meeting the purpose of the recipient’s qualified program. If there was more than one recipient of a grant, each recipient shall file such report. 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— individuals providing recruiting services; individuals providing tutorials and other academic assistance programs; individuals providing retention services; and the content and duration of recruitment, retention, and counseling programs and the means and devices used to publicize such programs.

§ 12181 Purpose

It is the purpose of this subpart to increase private investment in distressed local communities and to build and expand the capacity of local institutions to better serve the economic needs of local residents through the provision of financial and technical assistance to community development corporations. ( Pub. L. 103–322, title III, § 31111 , Sept. 13, 1994 , 108 Stat. 1882 .)

§ 12182 Provision of assistance

(a) Authority The Secretary of Health and Human Services (referred to in this part as the “Secretary”) may, in accordance with this subpart, provide nonrefundable lines of credit to community development corporations for the establishment, maintenance or expansion of revolving loan funds to be utilized to finance projects intended to provide business and employment opportunities for low-income, unemployed, or underemployed individuals and to improve the quality of life in urban and rural areas.

(b) Revolving loan funds 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. To be eligible to receive a line of credit under this subpart an applicant shall— be a community development corporation; 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; 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 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). 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 .

§ 12183 Approval of applications

(a) In general In evaluating applications submitted under section 12182(b)(2)(B) of this title , the Secretary shall ensure that— 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); 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; the applicant community development corporation has provided sufficient evidence of the existence of good working relationships with— local businesses and financial institutions, as well as with the community the corporation proposes to serve; and local and regional job training programs; 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— individuals with— incomes that do not exceed the Federal poverty line; or incomes that do not exceed 80 percent of the median income of the area; individuals who are unemployed or underemployed; 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 100–485 ); individuals whose jobs may be retained as a result of the provision of financing available under this subpart; or individuals who have historically been underrepresented in the local economy; and 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— with a median income that does not exceed 80 percent of the median for the area (as determined by the Secretary); and 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.

§ 12184 Availability of lines of credit and use

(a) Approval of application The Secretary shall provide a community development corporation that has an application approved under 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 The Secretary shall not provide in excess of $2, 000, 000 in l in eso f cre d i t u n d er t hi ss u b p a r tt o a s in g l e a ppl i c an t . A l in eo f cre d i tp ro v i d e d u n d er t hi ss u b p a r t s ha ll re maina v ai l ab l eo v er a p er i o d o f t im ees t ab l i s h e d b y t h e S ecre t a ry, b u t inn oe v e n t s ha ll an ys u c h p er i o d o f t im e b e in e x cesso f 3 ye a rs f ro m t h e d a t eo n w hi c h s u c h l in eo f cre d i t i s ma d e a v ai l ab l e . N o tw i t h s t an d in g p a r a g r a p h s (1) an d (2), i f a rec i p i e n t o f a l in eo f cre d i t u n d er t hi ss u b p a r t ha s ma d e f u ll an d p ro d u c t i v e u seo f s u c h l in eo f cre d i t, c an d e m o n s t r a t e t h e n ee d an dd e man df or a dd i t i o na l a ss i s t an ce, an d c anm ee tt h ere q u i re m e n t so f sec t i o n 12182 (b) (2) o f t hi s t i tl e, t h e am o u n t o f s u c h l in eo f cre d i t ma y b e in cre a se d b y n o t m ore t han$ 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 .

§ 12185 Limitations on use of funds

(a) Matching requirement Not to exceed 50 percent of the total amount to be invested by an entity under this subpart may be derived from funds made available from a line of credit under this subpart.

(b) Technical assistance and administration Not to exceed 10 percent of the amounts available from a line of credit under this subpart shall be used for the provision of training or technical assistance and for the planning, development, and management of economic development projects. Community development corporations shall be encouraged by the Secretary to seek technical assistance from other community development corporations, with expertise in the planning, development and management of economic development projects. The Secretary shall assist in the identification and facilitation of such technical assistance.

(c) Local and private sector contributions To receive funds available under a line of credit provided under this subpart, an entity, using procedures established by the Secretary, shall demonstrate to the community development corporation that such entity agrees to provide local and private sector contributions in accordance with 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.

§ 12186 Program priority for special emphasis programs

(a) In general The Secretary shall give priority in providing lines of credit under this subpart to community development corporations that propose to undertake economic development activities in distressed communities that target women, Native Americans, at risk youth, farmworkers, population-losing communities, very low-income communities, single mothers, veterans, and refugees; or that expand employee ownership of private enterprises and small businesses, and to programs providing loans of not more than $35,000 to very small business enterprises.

(b) Reservation of funds Not less than 5 percent of the amounts made available under section 31112(a)(2)(A) 1 may be reserved to carry out the activities described in subsection (a).

§ 12201 Community development corporation improvement grants

(a) Purpose It is the purpose of this section to provide assistance to community development corporations to upgrade the management and operating capacity of such corporations and to enhance the resources available to enable such corporations to increase their community economic development activities.

(b) Skill enhancement grants 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. A recipient of a grant under paragraph (1) may use amounts received under such grant— 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 to acquire such assistance from other highly successful community development corporations.

(c) Operating grants 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. A recipient of a grant under paragraph (1) may use amounts received under such grant— to conduct evaluations of the feasibility of potential low-income community economic development projects that address identified needs in the low-income community and that conform to those projects and activities permitted under subpart 1; 1 to develop a business plan related to such a potential project; or 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.

§ 12202 Emerging community development corporation revolving loan funds

(a) Authority The Secretary may award grants to emerging community development corporations to enable such corporations to establish, maintain or expand revolving loan funds, to make or guarantee loans, or to make capital investments in new or expanding local businesses.

(b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— be a community development corporation; 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; 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 have secured one or more commitments from local sources for contributions (either in cash or in kind, letters of credit, or letters of commitment) in an amount that is equal to at least 10 percent of the amounts requested in the application submitted under paragraph (2). 1

(c) Use of revolving loan fund 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— 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 build and expand the capacity of emerging community development corporations and serve the economic needs of local residents. 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. 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.

§ 12211 Definitions

As used in this part: 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. 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. 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. 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. 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. 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. 103–322, title III, § 31131 , Sept. 13, 1994 , 108 Stat. 1887 .)

§ 12212 Prohibition

None of the funds authorized under this part shall be used to finance the construction of housing. ( Pub. L. 103–322, title III, § 31133 , Sept. 13, 1994 , 108 Stat. 1888 .)

§ 12221 Grant authorization

(a) In general The Attorney General may make grants to State, Indian tribal, or local prosecutors for the purpose of supporting the creation or expansion of community-based justice programs.

(b) Consultation The Attorney General may consult with the Ounce of Prevention Council in making grants under subsection (a).

§ 12222 Use of funds

Grants made by the Attorney General under this section shall be used— 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; 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; 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; 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 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. 103–322, title III, § 31702 , Sept. 13, 1994 , 108 Stat. 1890 ; Pub. L. 110–177, title III, § 301(a) , Jan. 7, 2008 , 121 Stat. 2538 .)

§ 12223 Applications

(a) Eligibility In order to be eligible to receive a grant under this part 1 for any fiscal year, a State, Indian tribal, or local prosecutor, in conjunction with the chief executive officer of the jurisdiction in which the program will be placed, shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.

(b) Requirements Each applicant shall include— a request for funds for the purposes described in section 12222 of this title ; 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; 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 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— a description of the youth violence or child abuse crime problem; an action plan outlining how the applicant will achieve the purposes as described in section 12222 of this title ; 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 a description of how the requested grant will be used to fill gaps.

§ 12224 Allocation of funds; limitations on grants

(a) Administrative cost limitation The Attorney General shall use not more than 5 percent of the funds available under this program for the purposes of administration and technical assistance.

(b) Renewal of grants A grant under this part 1 may be renewed for up to 2 additional years after the first fiscal year during which the recipient receives its initial grant under this part, 1 subject to the availability of funds, if— 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 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 .

§ 12225 Award of grants

The Attorney General shall consider the following facts in awarding grants: Demonstrated need and evidence of the ability to provide the services described in the plan required under section 12223 of this title . The Attorney General shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. ( Pub. L. 103–322, title III, § 31705 , Sept. 13, 1994 , 108 Stat. 1891 .)

§ 12226 Reports

(a) Report to Attorney General State and local prosecutors that receive funds under this part shall submit to the Attorney General a report not later than March 1 of each year that describes progress achieved in carrying out the plan described under 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.

§ 12227 Definitions

In this part— “Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act ( 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. 103–322, title III, § 31708 , Sept. 13, 1994 , 108 Stat. 1892 .)

§ 12241 Purpose

The purpose of this part is to evaluate the effectiveness of certain demonstration projects in helping to— alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of the parents; reduce recidivism rates of prisoners by encouraging strong and supportive family relationships; and explore the cost effectiveness of community correctional facilities. ( Pub. L. 103–322, title III, § 31902 , Sept. 13, 1994 , 108 Stat. 1892 .)

§ 12242 Definitions

In this part— “child” means a person who is less than 7 years of age. “community correctional facility” means a residential facility that— (A) is used only for eligible offenders and their children under 7 years of age; (B) is not within the confines of a jail or prison; (C) houses no more than 50 prisoners in addition to their children; and (D) provides to inmates and their children— (i) a safe, stable, environment for children; (ii) pediatric and adult medical care consistent with medical standards for correctional facilities; (iii) programs to improve the stability of the parent-child relationship, including educating parents regarding— (I) child development; and (II) household management; (iv) alcoholism and drug addiction treatment for prisoners; and (v) programs and support services to help inmates— (I) to improve and maintain mental and physical health, including access to counseling; (II) to obtain adequate housing upon release from State incarceration; (III) to obtain suitable education, employment, or training for employment; and (IV) to obtain suitable child care. “eligible offender” means a primary caretaker parent who— (A) has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and (B) has not engaged in conduct that— (i) knowingly resulted in death or serious bodily injury; (ii) is a felony for a crime of violence against a person; or (iii) constitutes child neglect or mental, physical, or sexual abuse of a child. “primary caretaker parent” means— (A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or (B) a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child, a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category “primary caretaker”. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. ( Pub. L. 103–322, title III, § 31903 , Sept. 13, 1994 , 108 Stat. 1893 .)

§ 12251 Authority to make grants

(a) General authority The Attorney General may make grants, on a competitive basis, to States to carry out in accordance with this part family unity demonstration projects that enable eligible offenders to live in community correctional facilities with their children.

(b) Preferences For the purpose of making grants under subsection (a), the Attorney General shall give preference to a State that includes in the application required by section 12252 of this title assurances that if the State receives a grant— 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; 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; 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; 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; the State has the capacity to continue implementing a community correctional facility beyond the funding period to ensure the continuity of the work; unless the Attorney General determines that a different process for selecting participants in a project is desirable, the State will— 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; accept at any time at which the project is in operation an application by a prisoner to participate in the project if, at the time of application, the remainder of the prisoner’s sentence exceeds 180 days; review applications by prisoners in the sequence in which the State receives such applications; and not more than 50 days after reviewing such applications approve or disapprove the application; and 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).

§ 12252 Eligibility to receive grants

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. 103–322, title III, § 31912 , Sept. 13, 1994 , 108 Stat. 1895 .)

§ 12253 Report

(a) In general A State that receives a grant under this subpart 1 shall, not later than 90 days after the 1-year period in which the grant is required to be expended, submit a report to the Attorney General regarding the family unity demonstration project for which the grant was expended.

(b) Contents A report under subsection (a) shall— 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; 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; describe the nature and scope of educational and training activities provided to prisoners participating in the project; state the number, and describe the scope of, contracts made with public and nonprofit private community-based organizations to carry out such project; and evaluate the effectiveness of the project in accomplishing the purposes described in section 12241 of this title .

§ 12261 Authority of Attorney General

(a) In general With the funds available to carry out this part for the benefit of Federal prisoners, the Attorney General, acting through the Director of the Bureau of Prisons, shall select eligible prisoners to live in community correctional facilities with their children.

(b) General contracting authority In implementing this part, 1 the Attorney General may enter into contracts with appropriate public or private agencies to provide housing, sustenance, services, and supervision of inmates eligible for placement in community correctional facilities under this part. 1

(c) Use of State facilities At the discretion of the Attorney General, Federal participants may be placed in State projects as defined in subpart 1. For such participants, the Attorney General shall, with funds available under section 13883(b)(2) 1 of title 42, reimburse the State for all project costs related to the Federal participant’s placement, including administrative costs.

§ 12262 Requirements

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. 103–322, title III, § 31922 , Sept. 13, 1994 , 108 Stat. 1896 .)

§ 12271 Prevention, diagnosis, and treatment of tuberculosis in correctional institutions

(a) Guidelines The Attorney General, in consultation with the Secretary of Health and Human Services and the Director of the National Institute of Corrections, shall develop and disseminate to appropriate entities, including State, Indian tribal, and local correctional institutions and the Immigration and Naturalization Service, guidelines for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions and persons held in holding facilities operated by or under contract with the Immigration and Naturalization Service.

(b) Compliance The Attorney General shall ensure that prisons in the Federal prison system and holding facilities operated by or under contract with the Immigration and Naturalization Service comply with the guidelines described in subsection (a).

(c) Grants 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. The Federal share of funding of a program funded with a grant under paragraph (1) shall not exceed 50 percent. There are authorized to be appropriated to carry out this section— $700, 000 f or f i sc a l ye a r 1996;$ 1,000,000 for fiscal year 1997; $1, 000, 000 f or f i sc a l ye a r 1998;$ 1,100,000 for fiscal year 1999; and $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.), 1 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.

§ 12281 Gang Resistance Education and Training projects

(a) Establishment of projects 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. Communities identified for such GREAT projects shall be selected by the Attorney General on the basis of gang-related activity in that particular community. 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— 50 percent to the affected State and local law enforcement and prevention organizations participating in such projects; and 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— $20, 000, 000 f or f i sc a l ye a r 2006;$ 20,000,000 for fiscal year 2007; $20, 000, 000 f or f i sc a l ye a r 2008;$ 20,000,000 for fiscal year 2009; and $20,000,000 for fiscal year 2010.

§ 12291 Definitions and grant provisions

(a) Definitions In this subchapter, for the purpose of grants authorized under this subchapter: The term “abuse in later life”— means— neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and does not include self-neglect. The term “Alaska Native village” has the same meaning given such term in the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.). The term “child abuse and neglect” means any recent act or failure to act on the part of a parent or caregiver with intent to cause death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm to an unemancipated minor. This definition shall not be construed to mean that failure to leave an abusive relationship, in the absence of other action constituting abuse or neglect, is itself abuse or neglect. The term “child maltreatment” means the physical or psychological abuse or neglect of a child or youth, including sexual assault and abuse. The term “community-based organization” means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that— focuses primarily on domestic violence, dating violence, sexual assault, or stalking; has established a specialized culturally specific program that addresses domestic violence, dating violence, sexual assault, or stalking; has a primary focus on underserved populations (and includes representatives of these populations) and domestic violence, dating violence, sexual assault, or stalking; or obtains expertise, or shows demonstrated capacity to work effectively, on domestic violence, dating violence, sexual assault, and stalking through collaboration. The terms “court-based personnel” and “court-related personnel” mean individuals working in the court, whether paid or volunteer, including— clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process; court security personnel; personnel working in related supplementary offices or programs (such as child support enforcement); and any other court-based or community-based personnel having responsibilities or authority to address domestic violence, dating violence, sexual assault, or stalking in the court system. The term “courts” means any civil or criminal, tribal, and Alaska Native Village, Federal, State, local or territorial court having jurisdiction to address domestic violence, dating violence, sexual assault or stalking, including immigration, family, juvenile, and dependency courts, and the judicial officers serving in those courts, including judges, magistrate judges, commissioners, justices of the peace, or any other person with decisionmaking authority. The term “culturally specific” means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ). 1 The term “culturally specific services” means community-based services that include culturally relevant and linguistically specific services and resources to culturally specific communities. The term “dating partner” refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, and where the existence of such a relationship shall be determined based on a consideration of— the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. The term “dating violence” means violence committed by a person— who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship. The type of relationship. The frequency of interaction between the persons involved in the relationship. The term “domestic violence” includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who— is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim; is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; shares a child in common with the victim; or commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction. The term “economic abuse”, in the context of domestic violence, dating violence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to— restrict a person’s access to money, assets, credit, or financial information; unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty. The term “elder abuse” means any action against a person who is 50 years of age or older that constitutes the willful— infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or deprivation by a person, including a caregiver, of goods or services with intent to cause physical harm, mental anguish, or mental illness. The term “female genital mutilation or cutting” has the meaning given such term in section 116 of title 18 . The term “forced marriage” means a marriage to which 1 or both parties do not or cannot consent, and in which 1 or more elements of force, fraud, or coercion is present. Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking. The term “homeless” has the meaning given such term in section 12473 of this title . The term “Indian” means a member of an Indian tribe. The term “Indian country” has the same meaning given such term in section 1151 of title 18 . The term “Indian housing” means housing assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq., as amended). The term “Indian law enforcement” means the departments or individuals under the direction of the Indian tribe that maintain public order. The terms “Indian tribe” and “Indian Tribe” mean a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 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. The term “law enforcement” means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs or Village Public Safety Officers), including those referred to in section 2802 of title 25 . The term “legal assistance” means assistance provided by or under the direct supervision of a person described in subparagraph (B) to an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking relating to a matter described in subparagraph (C). A person described in this subparagraph is— a licensed attorney; in immigration proceedings, a Board of Immigration Appeals accredited representative; in claims of the Department of Veterans Affairs, a representative authorized by the Secretary of Veterans Affairs; or any person who functions as an attorney or lay advocate in tribal court. A matter described in this subparagraph is a matter relating to— divorce, parental rights, child support, Tribal, territorial, immigration, employment, administrative agency, housing, campus, education, healthcare, privacy, contract, consumer, civil rights, protection or other injunctive proceedings, related enforcement proceedings, and other similar matters; criminal justice investigations, prosecutions, and post-conviction matters (including sentencing, parole, and probation) that impact the victim’s safety, privacy, or other interests as a victim; alternative dispute resolution, restorative practices, or other processes intended to promote victim safety, privacy, and autonomy, and offender accountability, regardless of court involvement; or with respect to a conviction of a victim relating to or arising from domestic violence, dating violence, sexual assault, stalking, or sex trafficking victimization of the victim, post-conviction relief proceedings in State, local, Tribal, or territorial court. For purposes of this paragraph, intake or referral, by itself, does not constitute legal assistance. The term “personally identifying information” or “personal information” means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including— a first and last name; a home or other physical address; contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); a social security number, driver license number, passport number, or student identification number; and any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual. The term “population specific organization” means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population. The term “population specific services” means victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population. The term “prosecution” means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency’s component bureaus (such as governmental victim assistance programs). The term “protection order” or “restraining order” includes— any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking. The term “rape crisis center” means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in section 12511(b)(2)(C) of this title , to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services. The term “restorative practice” means a practice relating to a specific harm that— is community-based and unaffiliated with any civil or criminal legal process; is initiated by a victim of the harm; involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual— 1 or more individuals who committed the harm; 1 or more victims of the harm; and the community affected by the harm through 1 or more representatives of the community; shall include and has the goal of— collectively seeking accountability from 1 or more individuals who committed the harm; developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to 1 or more victims of the harm; and developing a written course of action plan— that is responsive to the needs of 1 or more victims of the harm; and upon which 1 or more victims, 1 or more individuals who committed the harm, and the community can agree; and is conducted in a victim services framework that protects the safety and supports the autonomy of 1 or more victims of the harm and the community. The term “rural area” and “rural community” mean— any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; any area or community, respectively, that is— within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and located in a rural census tract; or any federally recognized Indian tribe. The term “rural State” means a State that has a population density of 57 or fewer persons per square mile or a State in which the largest county has fewer than 250,000 people, based on the most recent decennial census. The term “sex trafficking” means any conduct proscribed by section 1591 of title 18 , whether or not the conduct occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States. The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to— fear for his or her safety or the safety of others; or suffer substantial emotional distress. The term “State” means each of the several States and the District of Columbia, and except as otherwise provided, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. The term “State domestic violence coalition” means a program determined by the Administration for Children and Families under sections 10402 and 10411 of title 42. The term “State sexual assault coalition” means a program determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act ( 42 U.S.C. 280b et seq.). The term “technological abuse” means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies. The term “territorial domestic violence or sexual assault coalition” means a program addressing domestic or sexual violence that is— an established nonprofit, nongovernmental territorial coalition addressing domestic violence or sexual assault within the territory; or a nongovernmental organization with a demonstrated history of addressing domestic violence or sexual assault within the territory that proposes to incorporate as a nonprofit, nongovernmental territorial coalition. The term “tribal coalition” means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or a Native Hawaiian organization that— provides education, support, and technical assistance to member Indian service providers, Native Hawaiian organizations, or the Native Hawaiian community in a manner that enables those member providers, organizations, or communities to establish and maintain culturally appropriate services, including shelter and rape crisis services, designed to assist Indian or Native Hawaiian women and the dependents of those women who are victims of domestic violence, dating violence, sexual assault, and stalking; and is comprised of board and general members that are representative of— the member service providers, organizations, or communities described in subparagraph (A); and the tribal communities or Native Hawaiian communities in which the services are being provided. The term “tribal government” means— the governing body of an Indian tribe; or a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 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. The term “tribal nonprofit organization” means— a victim services provider that has as its primary purpose to assist Native victims of domestic violence, dating violence, sexual assault, or stalking; and staff and leadership of the organization must include persons with a demonstrated history of assisting American Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, or stalking. The term “tribal organization” means— the governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body of a tribe or tribes to be served, or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities; or any tribal nonprofit organization. The term “underserved populations” means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate. The term “unit of local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. The term “victim advocate” means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program. The term “victim assistant” means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a court or a law enforcement or prosecution agency. The term “victim service provider” means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking. The terms “victim services” and “services” mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal assistance and legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services. The term “youth” means a person who is 11 to 24 years old.

(b) Grant conditions No matching funds shall be required for any grant or subgrant made under this Act for— any tribe, territory, or victim service provider; or any other entity, including a State, that— petitions for a waiver of any match condition imposed by the Attorney General or the Secretaries of Health and Human Services or Housing and Urban Development; and whose petition for waiver is determined by the Attorney General or the Secretaries of Health and Human Services or Housing and Urban Development to have adequately demonstrated the financial need of the petitioning entity. In order to ensure the safety of adult, youth, and child victims of domestic violence, dating violence, sexual assault, or stalking, and their families, grantees and subgrantees under this subchapter shall protect the confidentiality and privacy of persons receiving services. Subject to subparagraphs (C) and (D), grantees and subgrantees shall not— disclose, reveal, or release any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees’ and subgrantees’ programs, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; or disclose, reveal, or release individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian or in the case of legal incapacity, a court-appointed guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program, except that consent for release may not be given by the abuser of the minor, incapacitated person, or the abuser of the other parent of the minor. If a minor or a person with a legally appointed guardian is permitted by law to receive services without the parent’s or guardian’s consent, the minor or person with a guardian may release information without additional consent. If release of information described in subparagraph (B) is compelled by statutory or court mandate— grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by the disclosure of information; and grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. Grantees and subgrantees may share— nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements; court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; and law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes. In no circumstances may— an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking be required to provide a consent to release his or her personally identifying information as a condition of eligibility for the services provided by the grantee or subgrantee; any personally identifying information be shared in order to comply with Federal, tribal, or State reporting, evaluation, or data collection requirements, whether for this program or any other Federal, tribal, or State grant program. Nothing in this section prohibits a grantee or subgrantee from reporting suspected abuse or neglect, as those terms are defined and specifically mandated by the State or tribe involved. Nothing in this paragraph shall prevent the Attorney General from disclosing grant activities authorized in this Act to the chairman and ranking members of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate exercising Congressional oversight authority. All disclosures shall protect confidentiality and omit personally identifying information, including location information about individuals. Grantees and subgrantees must document their compliance with the confidentiality and privacy provisions required under this section. In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, grantees and subgrantees may share personally identifying information or individual information that is collected about deceased victims being sought for a fatality review to the extent permitted by their jurisdiction’s law and only if the following conditions are met: The underlying objectives of the fatality review are to prevent future deaths, enhance victim safety, and increase offender accountability. The fatality review includes policies and protocols to protect identifying information, including identifying information about the victim’s children, from further release outside the fatality review team. The grantee or subgrantee makes a reasonable effort to get a release from the victim’s personal representative (if one has been appointed) and from any surviving minor children or the guardian of such children (but not if the guardian is the abuser of the deceased parent), if the children are not capable of knowingly consenting. The information released is limited to that which is necessary for the purposes of the fatality review. In carrying out the activities under this subchapter, grantees and subgrantees may collaborate with or provide information to Federal, State, local, tribal, and territorial public officials and agencies to develop and implement policies and develop and promote State, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking if— the confidentiality and privacy requirements of this subchapter are maintained; and personally identifying information about adult, youth, and child victims of domestic violence, dating violence, sexual assault, and stalking is not requested or included in any such collaboration or information-sharing. Any Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities under this subchapter. Funds authorized and appropriated under this subchapter may be used only for the specific purposes described in this subchapter and shall remain available until expended. An entity receiving a grant under this subchapter shall submit to the disbursing agency a report detailing the activities undertaken with the grant funds, including and providing additional information as the agency shall require. Federal agencies disbursing funds under this subchapter shall set aside up to 3 percent of such funds in order to conduct— evaluations of specific programs or projects funded by the disbursing agency under this subchapter or related research; or evaluations of promising practices or problems emerging in the field or related research, in order to inform the agency or agencies as to which programs or projects are likely to be effective or responsive to needs in the field. Final reports of such evaluations shall be made available to the public via the agency’s website. Nothing in this subchapter shall be construed to prohibit male victims of domestic violence, dating violence, sexual assault, and stalking from receiving benefits and services under this subchapter. Funds appropriated for the grant program under this subchapter may not be used to fund civil representation in a lawsuit based on a tort claim. This paragraph should not be construed as a prohibition on providing assistance to obtain restitution in a protection order or criminal case. Any funds appropriated for the grant program shall be subject to the prohibition in section 1913 of title 18 , relating to lobbying with appropriated moneys. Of the total amounts appropriated under this subchapter, not less than 3 percent and up to 8 percent, unless otherwise noted, shall be available for providing training and technical assistance relating to the purposes of this subchapter to improve the capacity of the grantees, subgrantees, and other entities. If there is a demonstrated history that the Office on Violence Against Women has previously set aside amounts greater than 8 percent for technical assistance and training relating to grant programs authorized under this subchapter, the Office has the authority to continue setting aside amounts greater than 8 percent. The Office on Violence Against Women shall make all technical assistance available as broadly as possible to any appropriate grantees, subgrantees, potential grantees, or other entities without regard to whether the entity has received funding from the Office on Violence Against Women for a particular program or project, with priority given to recipients awarded a grant before March 15, 2022 . Any grantee or subgrantee providing legal assistance with funds awarded under this subchapter shall comply with the eligibility requirements in section 20121(d) of this title . No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18), sexual orientation, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ; 108 Stat. 1902 ), the Violence Against Women Act of 2000 (division B of Public Law 106–386 ; 114 Stat. 1491 ), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162 ; 119 Stat. 3080 ), 2 the Violence Against Women Reauthorization Act of 2013, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women. If sex segregation or sex-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual’s sex. In such circumstances, grantees may meet the requirements of this paragraph by providing comparable services to individuals who cannot be provided with the sex-segregated or sex-specific programming. The authority of the Attorney General and the Office of Justice Programs to enforce this paragraph shall be the same as it is under section 10228 of this title . 2 Nothing contained in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities under other State or Federal civil rights law, whether statutory or common. Victim services and legal assistance under this subchapter also include services and assistance to— victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons as defined by section 7102 of title 22 ; adult survivors of child sexual abuse; and victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of female genital mutilation or cutting, or forced marriage. All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions: Beginning in the first fiscal year beginning after the date of the enactment of this Act, 2 and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. In this paragraph, the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. A recipient of grant funds under this Act that is found to have an unresolved audit finding shall be eligible to receive prompt, individualized technical assistance to resolve the audit finding and to prevent future findings, for a period not to exceed the following 2 fiscal years. In awarding grants under this Act, the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this Act. If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall— deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. For purposes of this paragraph and the grant programs described in this Act, the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. The Attorney General may not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 . Each nonprofit organization that is awarded a grant under a grant program described in this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection. No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $100,000 in Department funds, unless the Director or Principal Deputy Director of the Office on Violence Against Women or the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. Written approval under clause (i) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph. Beginning in the first fiscal year beginning after the date of the enactment of this Act, 2 the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that— all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; all mandatory exclusions required under subparagraph (A)(iii) have been issued; all reimbursements required under subparagraph (A)(v) have been made; and includes a list of any grant recipients excluded under subparagraph (A) from the previous year. Of the amounts appropriated to carry out this subchapter, not more than 1 percent shall be made available for pilot projects, demonstration projects, and special initiatives designed to improve Federal, State, local, Tribal, and other community responses to gender-based violence.

§ 12301 Grants for capital improvements to prevent crime in public transportation

(a) General purpose There is authorized to be appropriated not to exceed $10,000,000, for the Secretary of Transportation (referred to in this section as the “Secretary”) to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. None of the provisions of this Act may be construed to prohibit the financing of projects under this section where law enforcement responsibilities are vested in a local public body other than the grant applicant.

(b) Grants for lighting, camera surveillance, and security phones 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— increasing lighting within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; increasing camera surveillance of areas within and adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; 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 any other project intended to increase the security and safety of existing or planned public transportation systems. 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 .

§ 12311 Training programs

(a) In general The Attorney General, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of— case management; supervision; and 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.

§ 12312 Confidentiality of communications between sexual assault or domestic violence victims and their counselors

(a) Study and development of model legislation The Attorney General shall— 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; 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: 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; 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 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 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— the findings of the study and the model legislation required by this section; and 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.

§ 12313 Information programs

The Attorney General shall compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correctional institution for a commission of an offense under chapter 109A of title 18 or for the commission of a similar offense, including halfway houses and psychiatric institutions. ( Pub. L. 103–322, title IV, § 40154 , Sept. 13, 1994 , 108 Stat. 1922 .)

§ 12321 Confidentiality of abused person’s address

(a) Regulations Not later than 90 days after September 13, 1994 , the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons’ addresses.

(b) Requirements The regulations under subsection (a) shall require— in the case of an individual, the presentation to an appropriate postal official of a valid, outstanding protection order; and in the case of a domestic violence shelter, the presentation to an appropriate postal authority of proof from a State domestic violence coalition that meets the requirements of section 10410 1 of 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).

§ 12331 Research agenda

(a) Request for contract The Attorney General shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and experts on domestic violence in diverse, ethnic, social, and language minority communities and the social sciences. In setting the agenda, the Academy shall focus primarily on preventive, educative, social, and legal strategies, including addressing the needs of underserved populations.

(b) Declination of request If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Attorney General shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice.

(c) Report The Attorney General shall ensure that no later than 1 year after September 13, 1994 , the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

§ 12332 State databases

(a) In general The Attorney General shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of sexual and domestic violence offenses within a State.

(b) Consultation In conducting its study, the Attorney General shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, and nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The final report shall set forth the views of the persons consulted on the recommendations.

(c) Report The Attorney General shall ensure that no later than 1 year after September 13, 1994 , the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committees on the Judiciary of the Senate and the House of Representatives.

(d) Authorization of appropriations There are authorized to be appropriated to carry out this section $200,000 for fiscal year 1996.

§ 12333 Number and cost of injuries

(a) Study The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries.

(b) Authorization of appropriations There are authorized to be appropriated to carry out this section—$100,000 for fiscal year 1996.

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

(a) Purposes The purposes of this section are— 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— domestic violence, dating violence, sexual assault, and stalking victim service providers; law enforcement agencies; prosecutors; courts; other criminal justice service providers; human and community service providers; educational institutions; and health care providers, including sexual assault forensic examiners; to establish and expand nonprofit, nongovernmental, State, tribal, territorial, and local government victim services in rural communities to child, youth, and adult victims; to increase the safety and well-being of women and children in rural communities, by— dealing directly and immediately with domestic violence, sexual assault, dating violence, and stalking occurring in rural communities; and creating and implementing strategies to increase awareness and prevent domestic violence, sexual assault, dating violence, and stalking; and 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— 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; 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; working in cooperation with the community to develop education and prevention strategies directed toward such issues; and 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; 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 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 . The requirements of this section shall not apply to funds allocated for the program described in subparagraph (A). 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 $45, 000, 000, t h e p erce n t a g e a ll oc a t e d s ha ll r i se t o 30 p erce n t o f t h e t o t a l am o u n t a pp ro p r ia t e d, a t s u c h t im e a s t h e am o u n t s a pp ro p r ia t e d re a c h t h e am o u n t o f$ 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. 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. 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. In awarding grants under this section, the Director shall give priority to the needs of underserved populations. 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 There are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 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.) 2 to accomplish the objectives of this section.

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

(a) In general The Attorney General, acting in consultation with the Director of the Office on Violence Against Women of the Department of Justice, the Department of Housing and Urban Development, and the Department of Health and Human Services, shall award grants under this section to States, units of local government, Indian tribes, and other organizations, including domestic violence and sexual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, nongovernmental organizations, population-specific organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (referred to in this section as the “recipient”) to carry out programs to provide assistance to minors, adults, and their dependents— who are homeless, or in need of transitional housing or other housing assistance, as a result of a situation of domestic violence, dating violence, sexual assault, or stalking; and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient.

(b) Grants Grants awarded under this section may be used for programs that provide— transitional housing, including funding for the operating expenses of newly developed or existing transitional housing. 1 short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in subsection (a); and support services designed to enable a minor, an adult, or a dependent of such minor or adult, who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to— locate and secure permanent housing; secure employment, including obtaining employment counseling, occupational training, job retention counseling, and counseling concerning re-entry in to 2 the workforce; and integrate into a community by providing that minor, adult, or dependent with services, such as transportation, counseling, child care services, case management, and other assistance. Participation in the support services shall be voluntary. Receipt of the benefits of the housing assistance described in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their dependents in any or all of the support services offered them.

(c) Duration Except as provided in paragraph (2), a minor, an adult, or a dependent, who receives assistance under this section shall receive that assistance for not more than 24 months. The recipient of a grant under this section may waive the restriction under paragraph (1) for not more than an additional 6 month period with respect to any minor, adult, or dependent, who— has made a good-faith effort to acquire permanent housing; and has been unable to acquire permanent housing.

(d) Application Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. Each application submitted pursuant to paragraph (1) shall— describe the activities for which assistance under this section is sought; provide assurances that any supportive services offered to participants in programs developed under subsection (b)(3) are voluntary and that refusal to receive such services shall not be grounds for termination from the program or eviction from the victim’s housing; and provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. Nothing in this subsection shall be construed to require— victims to participate in the criminal justice system in order to receive services; or domestic violence advocates to breach client confidentiality.

(e) Report to the Attorney General A recipient of a grant under this section shall annually prepare and submit to the Attorney General a report describing— the number of minors, adults, and dependents assisted under this section; and the types of housing assistance and support services provided under this section. Each report prepared and submitted pursuant to paragraph (1) shall include information regarding— the purpose and amount of housing assistance provided to each minor, adult, or dependent, assisted under this section and the reason for that assistance; the number of months each minor, adult, or dependent, received assistance under this section; the number of minors, adults, and dependents who— were eligible to receive assistance under this section; and were not provided with assistance under this section solely due to a lack of available housing; the type of support services provided to each minor, adult, or dependent, assisted under this section; and the client population served and the number of individuals requesting services that the transitional housing program is unable to serve as a result of a lack of resources.

(f) Report to Congress The Attorney General, with the Director of the Violence Against Women Office, shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e) of this section not later than 1 month after the end of each even-numbered fiscal year. In order to coordinate efforts to assist the victims of domestic violence, the Attorney General, in coordination with the Director of the Violence Against Women Office, shall transmit a copy of the report submitted under paragraph (1) to— the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and the Office of Women’s Health at the United States Department of Health and Human Services.

(g) Authorization of appropriations There are authorized to be appropriated to carry out this section $35,000,000 for each of fiscal years 2023 through 2027. Except as provided in subparagraph (B), unless all qualified applications submitted by any States, units of local government, Indian tribes, or organizations within a State for a grant under this section have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section. The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated not less than 0.5 percent of the total amount appropriated in the fiscal year for grants pursuant to this section. 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 . 3 The requirements of this section shall not apply to funds allocated for the program described in subclause (I). Priority shall be given to projects developed under subsection (b) that primarily serve underserved populations. In this paragraph, the term “qualified application” means an application that— has been submitted by an eligible applicant; does not propose any activities that may compromise victim safety, including— background checks of victims; or clinical evaluations to determine eligibility for services; reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and does not propose prohibited activities, including mandatory services for victims.

§ 12361 Civil rights

(a) Purpose Pursuant to the affirmative power of Congress to enact this part under section 5 of the Fourteenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitution, it is the purpose of this part to protect the civil rights of victims of gender motivated violence and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender.

(b) Right to be free from crimes of violence All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)).

(c) Cause of action A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.

(d) Definitions For purposes of this section— the term “crime of violence motivated by gender” means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim’s gender; and the term “crime of violence” means— 1 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 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 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)). Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c). The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this part. 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.

§ 12371 Grants authorized

The State Justice Institute may award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States (as defined in 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 victim’s 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. 103–322, title IV, § 40411 , Sept. 13, 1994 , 108 Stat. 1942 ; Pub. L. 106–386, div. B, title IV, § 1406(c)(2) , (d)(1), Oct. 28, 2000 , 114 Stat. 1516 .)

§ 12372 Training provided by grants

Training provided pursuant to grants made under this part may include current information, existing studies, or current data on— the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest; the underreporting of rape, sexual assault, and child sexual abuse; the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing; the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing; the historical evolution of laws and attitudes on rape and sexual assault; 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; 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; the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues; the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant; the nature and incidence of domestic violence and dating violence (as defined in section 10447 1 of this title); 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; the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses; 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; historical evolution of laws and attitudes on domestic violence; proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome; 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; 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; 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; 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; the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abuser’s desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence; the issues raised by child sexual assault in determining custody and visitation, including how to protect the safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; 2 the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice; 3 ( Pub. L. 103–322, title IV, § 40412 , Sept. 13, 1994 , 108 Stat. 1943 ; Pub. L. 106–386, div. B, title IV, § 1406(a)(1) , (d)(2), Oct. 28, 2000 , 114 Stat. 1515 , 1517.)

§ 12373 Cooperation in developing programs in making grants under this part

The State Justice Institute shall ensure that model programs carried out pursuant to grants made under this part are developed with the participation of law enforcement officials, public and private nonprofit victim advocates, including national, State, tribal, and local domestic violence and sexual assault programs and coalitions, legal experts, prosecutors, defense attorneys, and recognized experts on gender bias in the courts. ( Pub. L. 103–322, title IV, § 40413 , Sept. 13, 1994 , 108 Stat. 1944 ; Pub. L. 106–386, div. B, title IV, § 1406(c)(1) , Oct. 28, 2000 , 114 Stat. 1516 .)

§ 12381 Authorization of circuit studies; education and training grants

(a) Studies In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, of gender bias in their respective circuits and to implement recommended reforms.

(b) Matters for examination The studies under subsection (a) may include an examination of the effects of gender on— the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges; the interpretation and application of the law, both civil and criminal; treatment of defendants in criminal cases; treatment of victims of violent crimes in judicial proceedings; sentencing; sentencing alternatives and the nature of supervision of probation and parole; appointments to committees of the Judicial Conference and the courts; case management and court sponsored alternative dispute resolution programs; the selection, retention, promotion, and treatment of employees; appointment of arbitrators, experts, and special masters; the admissibility of the victim’s past sexual history in civil and criminal cases; and 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 1 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.

§ 12391 Payment of cost of testing for sexually transmitted diseases

(a) Omitted

(b) Limited testing of defendants The victim of an offense of the type referred to in subsection (a) 1 may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling. To obtain an order under paragraph (1), the victim must demonstrate that— 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; the test for the etiologic agent for acquired immune deficiency syndrome is requested by the victim after appropriate counseling; and 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. 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. 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 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. 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. Any person who discloses the results of a test in violation of this subsection may be held in contempt of court.

(c) Penalties for intentional transmission of HIV Not later than 6 months after September 13, 1994 , the United States Sentencing Commission shall conduct a study and prepare and submit to the committees 2 on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV.

§ 12392 Enforcement of statutory rape laws

(a) Sense of Senate It is the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws.

(b) Justice Department program on statutory rape Not later than January 1, 1997 , the Attorney General shall establish and implement a program that— studies the linkage between statutory rape and teenage pregnancy, particularly by predatory older men committing repeat offenses; and educates State and local criminal law enforcement officials on the prevention and prosecution of statutory rape, focusing in particular on the commission of statutory rape by predatory older men committing repeat offenses, and any links to teenage pregnancy.

(c) Violence against women initiative The Attorney General shall ensure that the Department of Justice’s Violence Against Women initiative addresses the issue of statutory rape, particularly the commission of statutory rape by predatory older men committing repeat offenses.

§ 12401 Grant program

(a) In general The Attorney General is authorized to provide grants to States and units of local government to improve and implement processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases.

(b) Eligibility To be eligible to receive a grant under subsection (a), a State or unit of local government shall certify that it has or intends to establish a program that enters into the National Crime Information Center records of— warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; arrests or convictions of persons violating protection 1 or domestic violence; and protection orders for the protection of persons from stalking or domestic violence.

§ 12402 Authorization of appropriations

There is authorized to be appropriated to carry out this part $3,000,000 for fiscal years 2023 through 2027. ( Pub. L. 103–322, title IV, § 40603 , Sept. 13, 1994 , 108 Stat. 1951 ; Pub. L. 106–386, div. B, title I, § 1106(a) , Oct. 28, 2000 , 114 Stat. 1497 ; Pub. L. 109–162, title I, § 109 , Jan. 5, 2006 , 119 Stat. 2984 ; Pub. L. 113–4, title XI, § 1103 , Mar. 7, 2013 , 127 Stat. 135 ; Pub. L. 117–103, div. W, title XIII, § 1301 , Mar. 15, 2022 , 136 Stat. 927 .)

§ 12403 Application requirements

An application for a grant under this part shall be submitted in such form and manner, and contain such information, as the Attorney General may prescribe. In addition, applications shall include documentation showing— the need for grant funds and that State or local funding, as the case may be, does not already cover these operations; intended use of the grant funds, including a plan of action to increase record input; and an estimate of expected results from the use of the grant funds. ( Pub. L. 103–322, title IV, § 40604 , Sept. 13, 1994 , 108 Stat. 1951 .)

§ 12404 Disbursement

Not later than 90 days after the receipt of an application under this part, the Attorney General shall either provide grant funds or shall inform the applicant why grant funds are not being provided. ( Pub. L. 103–322, title IV, § 40605 , Sept. 13, 1994 , 108 Stat. 1952 .)

§ 12405 Technical assistance, training, and evaluations

The Attorney General may provide technical assistance and training in furtherance of the purposes of this part, and may provide for the evaluation of programs that receive funds under this part, in addition to any evaluation requirements that the Attorney General may prescribe for grantees. The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through contracts or other arrangements with other entities. ( Pub. L. 103–322, title IV, § 40606 , Sept. 13, 1994 , 108 Stat. 1952 .)

§ 12406 Training programs for judges

The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 10701 1 of 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. 103–322, title IV, § 40607 , Sept. 13, 1994 , 108 Stat. 1952 .)

§ 12407 Recommendations on intrastate communication

The State Justice Institute, after consultation with nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in stalking and domestic violence cases, shall recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts. ( Pub. L. 103–322, title IV, § 40608 , Sept. 13, 1994 , 108 Stat. 1952 .)

§ 12408 Inclusion in National Incident-Based Reporting System

Not later than 2 years after September 13, 1994 , the Attorney General, in accordance with the States, shall compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System (NIBRS). ( Pub. L. 103–322, title IV, § 40609 , Sept. 13, 1994 , 108 Stat. 1952 .)

§ 12409 Report to Congress

Each even-numbered fiscal year, the Attorney General shall submit to the Congress a biennial report that provides information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts and legislation. ( Pub. L. 103–322, title IV, § 40610 , Sept. 13, 1994 , 108 Stat. 1952 ; Pub. L. 109–162, § 3(b)(1) , title XI, § 1135(a), Jan. 5, 2006 , 119 Stat. 2971 , 3108; Pub. L. 109–271 , §§ 2(d), 8(b), Aug. 12, 2006 , 120 Stat. 752 , 766.)

§ 12410 Definitions

As used in this part— 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 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. 103–322, title IV, § 40611 , Sept. 13, 1994 , 108 Stat. 1952 .)

§ 12421 Training and services to end abuse in later life

The Attorney General shall make grants to eligible entities in accordance with the following: An eligible entity receiving a grant under this section shall use the funds received under the grant to— 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; provide or enhance services for victims of abuse in later life; establish or support multidisciplinary collaborative community responses to victims of abuse in later life; and 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. An eligible entity receiving a grant under this section may use the funds received under the grant to— 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 conduct outreach activities and awareness campaigns to ensure that victims of abuse in later life receive appropriate assistance. 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. 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). An entity shall be eligible to receive a grant under this section if— the entity is— a State; a unit of local government; a tribal government or tribal organization; a population specific organization; a victim service provider; or a State, tribal, or territorial domestic violence or sexual assault coalition; and the entity demonstrates that it is part of a multidisciplinary partnership that includes, at a minimum— a law enforcement agency; a prosecutor’s office; a victim service provider; and a nonprofit program or government agency with demonstrated experience in assisting individuals 50 years of age or over. In making grants under this section, the Attorney General shall give priority to proposals providing services to culturally specific and underserved populations. There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027. ( Pub. L. 103–322, title IV, § 40801 , as added Pub. L. 106–386, div. B, title II, § 1209(a) , Oct. 28, 2000 , 114 Stat. 1508 ; amended Pub. L. 113–4, title II, § 204(a) , Mar. 7, 2013 , 127 Stat. 82 ; Pub. L. 117–103, div. W, title II, § 204(2) , Mar. 15, 2022 , 136 Stat. 857 .)

§ 12431 Task force

(a) Establish The Attorney General, in consultation with national nonprofit, nongovernmental organizations whose primary expertise is in domestic violence, shall establish a task force to coordinate research on domestic violence and to report to Congress on any overlapping or duplication of efforts on domestic violence issues. The task force shall be comprised of representatives from all Federal agencies that fund such research.

(b) Uses of funds Funds appropriated under this section shall be used to— develop a coordinated strategy to strengthen research focused on domestic violence education, prevention, and intervention strategies; track and report all Federal research and expenditures on domestic violence; and 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 1 of this title.

(e) Authorization of Appropriations There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2001 through 2004.

§ 12441 Grants to protect the privacy and confidentiality of victims of domestic violence, dating violence, sexual assault, and stalking

The Attorney General, through the Director of the Office on Violence Against Women, may award grants under this part to States, Indian tribes, territories, or local agencies or nonprofit, nongovernmental organizations to ensure that personally identifying information of adult, youth, and child victims of domestic violence, sexual violence, stalking, and dating violence shall not be released or disclosed to the detriment of such victimized persons. ( Pub. L. 103–322, title IV, § 41101 , as added Pub. L. 109–162, title I, § 107 , Jan. 5, 2006 , 119 Stat. 2983 .)

§ 12442 Purpose areas

Grants made under this part may be used— 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); 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; 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 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. 103–322, title IV, § 41102 , as added Pub. L. 109–162, title I, § 107 , Jan. 5, 2006 , 119 Stat. 2983 .)

§ 12443 Eligible entities

Entities eligible for grants under this part include— jurisdictions or agencies within jurisdictions having authority or responsibility for developing or maintaining public databases, registries or victim notification systems; 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; States or State agencies; local governments or agencies; Indian tribal governments or tribal organizations; territorial governments, agencies, or organizations; or nonprofit nongovernmental victim advocacy organizations, including statewide domestic violence and sexual assault coalitions. ( Pub. L. 103–322, title IV, § 41103 , as added Pub. L. 109–162, title I, § 107 , Jan. 5, 2006 , 119 Stat. 2983 .)

§ 12444 Grant conditions

Applicants described in paragraph (1) and paragraphs (3) through (6) shall demonstrate that they have entered into a significant partnership with a State, tribal, territorial, or local victim service or advocacy organization or condition in order to develop safe, confidential, and effective protocols, procedures, policies, and systems for protecting personally identifying information of victims. ( Pub. L. 103–322, title IV, § 41104 , as added Pub. L. 109–162, title I, § 107 , Jan. 5, 2006 , 119 Stat. 2984 .)

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

(a) Grants authorized The Attorney General, working in collaboration with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, stalking, or sex trafficking and prevent future violence.

(b) Program purposes Funds provided under this section may be used for the following program purpose areas: 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— 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; develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, stalking, or sex trafficking against youth; 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; clarify State or local mandatory reporting policies and practices regarding peer-on-peer dating violence, sexual assault, stalking, and sex trafficking; or develop, enlarge, or strengthen culturally specific victim services and responses related to, and prevention of, female genital mutilation or cutting. To enable middle schools, high schools, and institutions of higher education to— 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; 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; 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; 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 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. To develop, maintain, or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children’s exposure to violence in the home, including by— providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including— direct counseling or advocacy; and support for the non-abusing parent; and training and coordination for educational, after-school, and childcare programs on how to— safely and confidentially identity children and families experiencing domestic violence, dating violence, sexual assault, or stalking; and properly refer children exposed and their families to services and violence prevention programs. 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— may include the use evidenced-based, evidence-informed, or innovative strategies and practices focused on youth; and shall include— age and developmentally-appropriate education on— domestic violence; dating violence; sexual assault; stalking; sexual coercion; and healthy relationship skills, in school, in the community, or in health care settings; community-based collaboration and training for individuals with influence on youth, such as parents, teachers, coaches, healthcare providers, faith leaders, older teens, and mentors; education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and policy development targeted to prevention, including school-based policies and protocols.

(c) Eligible applicants To be eligible to receive a grant under this section, an entity shall be— 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; a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth; or 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. 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. 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— a State, tribe, unit of local government, or territory; a population specific or community-based organization; batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or 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— require and include appropriate referral systems for child and youth victims; 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 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 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). 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.

§ 12461 Findings

Congress finds that— 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; studies suggest that as many as 10,000,000 children witness domestic violence every year; studies suggest that among children and teenagers, recent exposure to violence in the home was a significant factor in predicting a child’s violent behavior; 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; a child’s exposure to domestic violence seems to pose the greatest independent risk for being the victim of any act of partner violence as an adult; children exposed to domestic violence are more likely to believe that using violence is an effective means of getting one’s needs met and managing conflict in close relationships; children exposed to abusive parenting, harsh or erratic discipline, or domestic violence are at increased risk for juvenile crime; and 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. 103–322, title IV, § 41301 , as added Pub. L. 109–162, title IV, § 401 , Jan. 5, 2006 , 119 Stat. 3017 .)

§ 12462 Purpose

The purpose of this part is to— prevent crimes involving violence against women, children, and youth; increase the resources and services available to prevent violence against women, children, and youth; reduce the impact of exposure to violence in the lives of children and youth so that the intergenerational cycle of violence is interrupted; 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; 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 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. 103–322, title IV, § 41302 , as added Pub. L. 109–162, title IV, § 401 , Jan. 5, 2006 , 119 Stat. 3018 .)

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

(a) Grants authorized The Attorney General, in consultation with the Secretary of Health and Human Services and the Secretary of Education, is authorized to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking by 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— 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 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 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. A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth. 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. A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking. 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. 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 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 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. Applicants under this section shall establish and implement policies, practices, and procedures that— include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care; 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; 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 document how prevention programs are coordinated with service programs in the community. In selecting grant recipients under this section, the Attorney General shall give preference to applicants that— include outcome-based evaluation; 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 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.

§ 12464 Grants to support families in the justice system

(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— 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; 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; 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; 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; enable courts or court-based or court-related programs to develop or enhance— court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services); community-based initiatives within the court system (such as court watch programs, victim assistants, pro se victim assistance programs, or community-based supplementary services); offender management, monitoring, and accountability programs; safe and confidential information-storage and information-sharing databases within and between court systems; education and outreach programs to improve community access, including enhanced access for underserved populations; and other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to— victims of domestic violence; and nonoffending parents in matters— that involve allegations of child sexual abuse; that relate to family matters, including civil protection orders, custody, and divorce; and in which the other parent is represented by counsel; 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 improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system.

(c) Considerations In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider— the number of families to be served by the proposed programs and services; the extent to which the proposed programs and services serve underserved populations; 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 the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral. 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 system’s 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— demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate; 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; 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; 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; 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; 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 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 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 . 1 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.

§ 12471 Findings

Congress finds that: There is a strong link between domestic violence and homelessness. Among cities surveyed, 44 percent identified domestic violence as a primary cause of homelessness. 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. 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. 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. 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. 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. Victims of domestic violence often return to abusive partners because they cannot find long-term housing. 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. 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. 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. 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). 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. 103–322, title IV, § 41401 , as added Pub. L. 109–162, title VI, § 601 , Jan. 5, 2006 , 119 Stat. 3030 .)

§ 12472 Purpose

The purpose of this subpart is to reduce domestic violence, dating violence, sexual assault, and stalking, and to prevent homelessness by— 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; creating long-term housing solutions that develop communities and provide sustainable living solutions for victims of domestic violence, dating violence, sexual assault, and stalking; 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 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. 103–322, title IV, § 41402 , as added Pub. L. 109–162, title VI, § 601 , Jan. 5, 2006 , 119 Stat. 3031 ; amended Pub. L. 113–4, title VI, § 601(a)(2) , Mar. 7, 2013 , 127 Stat. 102 .)

§ 12473 Definitions

For purposes of this subpart— the term “assisted housing” means housing assisted— under sections 1 1715e, 1715k, 1715 l (d)(3), 1715 l (d)(4), 1715n(e), 1715v, or 1715z–1 of title 12; under section 1701s of title 12 ; under section 1701q of title 12 ; under section 811 of the Cranston-Gonzales 2 National Affordable Housing Act ( 42 U.S.C. 8013 ); under title II of the Cranston-Gonzales 2 National Affordable Housing Act [ 42 U.S.C. 12721 et seq.]; under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq.); under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.); or under section 1437f of title 42 ; 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; the term “low-income housing assistance voucher” means housing assistance described in section 1437f of title 42 ; the term “public housing” means housing described in section 1437a(b)(1) of title 42 ; the term “public housing agency” means an agency described in section 1437a(b)(6) of title 42 ; the terms “homeless”, “homeless individual”, and “homeless person”— mean an individual who lacks a fixed, regular, and adequate nighttime residence; and includes— an individual who— is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations; is living in an emergency or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement; 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 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; 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; 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 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) ); 3 ( Pub. L. 103–322, title IV, § 41403 , as added Pub. L. 109–162, title VI, § 601 , Jan. 5, 2006 , 119 Stat. 3031 ; amended Pub. L. 113–4, title VI, § 601(a)(3) , Mar. 7, 2013 , 127 Stat. 102 .)

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

(a) Grants authorized 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. The Secretary of Health and Human Services shall award funds in amounts— not less than $25, 000 p erye a r; an d n o t m ore t han$ 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— shall include a domestic violence victim service provider; shall include— a homeless service provider; a nonprofit, nongovernmental community housing development organization or a Department of Agriculture rural housing service program; or 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; may include a dating violence, sexual assault, or stalking victim service provider; may include housing developers, housing corporations, State housing finance agencies, other housing agencies, and associations representing landlords; may include a public housing agency or tribally designated housing entity; may include tenant organizations in public or tribally designated housing, as well as nonprofit, nongovernmental tenant organizations; may include other nonprofit, nongovernmental organizations participating in the Department of Housing and Urban Development’s Continuum of Care process; may include a State, tribal, territorial, or local government or government agency; and 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— shall develop sustainable long-term living solutions in the community by— coordinating efforts and resources among the various groups and organizations comprised in the entity to access existing private and public funding; assisting with the placement of individuals and families in long-term housing; and providing services to help individuals or families find and maintain long-term housing, including financial assistance and support services; 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; may use funds for the administrative expenses related to the continuing operation, upkeep, maintenance, and use of housing described in paragraph (2); and may provide to the community information about housing and housing programs, and the process to locate and obtain long-term housing.

(e) Limitation Funds provided under paragraph 1 (a) shall not be used for construction, modernization or renovation.

(f) Underserved populations and priorities In awarding grants under this section, the Secretary of Health and Human Services shall— give priority to linguistically and culturally specific services; give priority to applications from entities that include a sexual assault service provider as described in subsection (b)(3); and 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: The term “affordable housing” means housing that complies with the conditions set forth in section 12745 of title 42 . The term “long-term housing” means housing that is sustainable, accessible, affordable, and safe for the foreseeable future and is— rented or owned by the individual; 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 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— 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 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.

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

(a) Purpose It is the purpose of this section to assist eligible grantees in responding appropriately to domestic violence, dating violence, sexual assault, and stalking so that the status of being a victim of such a crime is not a reason for the denial or loss of housing. Such assistance shall be accomplished through— education and training of eligible entities; development and implementation of appropriate housing policies and practices; enhancement of collaboration with victim service providers and tenant organizations; and 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 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. Not less than 15 percent of the funds appropriated to carry out this section shall be available for grants to tribally designated housing entities. The Attorney General shall award grants and contracts under this section on a competitive basis. Appropriated funds may only be used for the purposes described in subsection (f).

(c) Eligible grantees Eligible grantees are— public housing agencies; principally managed public housing resident management corporations, as determined by the Secretary; public housing projects owned by public housing agencies; tribally designated housing entities; and private, for-profit, and nonprofit owners or managers of assisted housing. To receive assistance under this section, an eligible grantee shall certify that— its policies and practices do not prohibit or limit a resident’s right to summon police or other emergency assistance in response to domestic violence, dating violence, sexual assault, or stalking; programs and services are developed that give a preference in admission to adult and youth victims of such violence, consistent with local housing needs, and applicable law and the Secretary’s instructions; it does not discriminate against any person— 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 because of the actions or threatened actions of the individual who the victim, as certified in subsection (e), states has committed or threatened to commit acts of such violence against the victim, or against the victim’s family or household member; 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 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 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. An individual may satisfy the certification requirement of paragraph (1) by— 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 producing a Federal, State, tribal, territorial, or local police or court record. Nothing in this subsection shall be construed to require any housing agency, assisted housing provider, tribally designated housing entity, owner, or manager to demand that an individual produce official documentation or physical proof of the individual’s status as a victim of domestic violence, dating violence, sexual assault, or stalking, in order to receive any of the benefits provided in this section. A housing agency, assisted housing provider, tribally designated housing entity, owner, or manager may provide benefits to an individual based solely on the individual’s statement or other corroborating evidence. 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— requested or consented to by the individual in writing; or otherwise required by applicable law. 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— 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; permitting applicants for housing or housing assistance to provide incomplete rental and employment histories, otherwise required as a condition of admission or assistance, if the victim believes that providing such rental and employment history would endanger the victim’s or the victim children’s safety; protecting victims’ confidentiality, including protection of victims’ personally identifying information, address, or rental history; 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; 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; 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; developing and implementing more effective security policies, protocols, and services; allotting not more than 15 percent of funds awarded under the grant to make modest physical improvements to enhance safety; training personnel to more effectively identify and respond to victims of domestic violence, dating violence, sexual assault, and stalking; and 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.

§ 12491 Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking

(a) Definitions In this subpart: The term “affiliated individual” means, with respect to an individual— a spouse, parent, sibling, or child of that individual, or an individual to whom that individual stands in loco parentis; or any individual, tenant, or lawful occupant living in the household of that individual. 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. The term “covered housing program” means— the program under section 1701q of title 12 , including the direct loan program under such section; the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq.); the programs under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq.); the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741 et seq.); the program under paragraph (3) of section 1715 l (d) of title 12 that bears interest at a rate determined under the proviso under paragraph (5) of such section 1715 l (d); the program under section 1715z–1 of title 12 ; the programs under sections 1437d and 1437f of title 42; rural housing assistance provided under sections 1484, 1485, 1486, 1490m, 1490p–2, and 1490r of title 42; the low income housing tax credit program under section 42 of title 26 ; the provision of assistance from the Housing Trust Fund established under section 4568 of title 12 ; the provision of assistance for housing under the Comprehensive Service Programs for Homeless Veterans program under subchapter II of chapter 20 of title 38; the provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section 2061 of title 38 ; 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 ; 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 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 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. An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as— 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 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. 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. 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. 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. Nothing in subparagraph (A) shall be construed— 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— 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 the distribution or possession of property among members of a household in a case; 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; 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 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 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). 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— deny admission by the applicant or tenant to the covered program; deny assistance under the covered program to the applicant or tenant; terminate the participation of the applicant or tenant in the covered program; or evict the applicant, the tenant, or a lawful occupant that commits violations of a lease. A public housing agency or owner or manager of housing may extend the 14-day deadline under subparagraph (A) at its discretion. A form of documentation described in this paragraph is— a certification form approved by the appropriate agency that— states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking; 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 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; a document that— is signed by— 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 the applicant or tenant; and 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); a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or 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. 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— requested or consented to by the individual in writing; required for use in an eviction proceeding under subsection (b); or otherwise required by applicable law. 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. 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). 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). 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 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. 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— at the time the applicant is denied residency in a dwelling unit assisted under the covered housing program; at the time the individual is admitted to a dwelling unit assisted under the covered housing program; with any notification of eviction or notification of termination of assistance; and 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. 2000d–1 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— 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— the tenant expressly requests the transfer; and 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 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 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.

§ 12492 Compliance reviews

(a) Regular compliance reviews Each appropriate agency shall establish a process by which to review compliance with the requirements of this part, which shall— 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 examine— compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking; compliance with confidentiality provisions set forth in section 12491(c)(4) of this title ; compliance with the notification requirements set forth in section 12491(d)(2) of this title ; compliance with the provisions for accepting documentation set forth in section 12491(c) of this title ; compliance with emergency transfer requirements set forth in section 12491(e) of this title ; and compliance with the prohibition on retaliation set forth in section 12494 of this title . Each appropriate agency shall conduct the review described in paragraph (1) on a regular basis, as determined by the appropriate agency.

(b) Regulations 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— define standards of compliance under covered housing programs; 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 include standards for corrective action plans where compliance standards have not been met. In developing the regulations under paragraph (1), an appropriate agency shall engage in additional consultation with appropriate stakeholders including, as appropriate— individuals and organizations with expertise in the housing needs and experiences of victims of domestic violence, dating violence, sexual assault and stalking; and 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— includes an evaluation of each topic identified in subsection (a); and is made publicly available.

§ 12493 Department of Housing and Urban Development Gender-based Violence Prevention Office and Violence Against Women Act Director

(a) Establishment The Secretary of Housing and Urban Development shall establish a Gender-based Violence Prevention Office with a Violence Against Women Act Director (in this section referred to as the “Director”).

(b) Duties The Director shall, among other duties— support implementation of this subpart; coordinate with Federal agencies on legislation, implementation, and other issues affecting the housing provisions under this part, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking; coordinate with State and local governments and agencies, including State housing finance agencies, regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking; ensure that technical assistance and support are provided to each appropriate agency and housing providers regarding implementation of this part, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this part; implement internal systems to track, monitor, and address compliance failures; and address the housing needs and barriers faced by victims of sexual assault, as well as sexual coercion and sexual harassment by a public housing agency or owner or manager of housing assisted under a covered housing program.

(c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2027.

§ 12494 Prohibition on retaliation

(a) Non-retaliation requirement No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by this part, or because that person testified, assisted, or participated in any matter related to this subpart.

(b) Prohibition on coercion No public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, or interfere with, or retaliate against, any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any rights or protections under this subpart, including— intimidating or threatening any person because that person is assisting or encouraging a person entitled to claim the rights or protections under this subpart; and retaliating against any person because that person has participated in any investigation or action to enforce this subpart.

(c) Implementation The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this subpart consistent with, and in a manner that provides, the rights and remedies provided for in title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq.).

§ 12495 Right to report crime and emergencies from one’s home

(a) Definition In this section, the term “covered governmental entity” means any municipal, county, or State government that receives funding under section 5306 of title 42 .

(b) Right to report Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing— shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance; and shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under statutes, ordinances, regulations, or policies adopted or enforced by covered governmental entities. Penalties that are prohibited under paragraph (1) include— actual or threatened assessment of monetary or criminal penalties, fines, or fees; actual or threatened eviction; actual or threatened refusal to rent or renew tenancy; actual or threatened refusal to issue an occupancy permit or landlord permit; and actual or threatened closure of the property, or designation of the property as a nuisance or a similarly negative designation.

(c) Reporting Consistent with the process described in section 5304(b) of title 42 , covered governmental entities shall— report any of their laws or policies, or, as applicable, the laws or policies adopted by subgrantees, that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property; and certify that they are in compliance with the protections under this part or describe the steps the covered governmental entities will take within 180 days to come into compliance, or to ensure compliance among subgrantees.

(d) Implementation The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this subpart consistent with, and in a manner that provides, the same rights and remedies as those provided for in title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq.).

(e) Subgrantees For those covered governmental entities that distribute funds to subgrantees, compliance with subsection (c)(1) includes inquiring about the existence of laws and policies adopted by subgrantees that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property.

§ 12496 Training and technical assistance grants

There is authorized to be appropriated to the Secretary of Housing and Urban Development such sums as may be necessary for fiscal years 2023 through 2027 to be used for training and technical assistance to support the implementation of this subpart, including technical assistance agreements with entities whose primary purpose and expertise is assisting survivors of sexual assault and domestic violence or providing culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking. ( Pub. L. 103–322, title IV, § 41416 , as added Pub. L. 117–103, div. W, title VI, § 605(d) , Mar. 15, 2022 , 136 Stat. 887 .)

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

(a) Authority The Attorney General, acting through the Director of the Office on Violence Against Women, may award a grant to an eligible nonprofit nongovernmental entity or tribal organization, in order to provide for the establishment and operation of a national resource center on workplace responses to assist victims of domestic and sexual violence and sexual harassment. The resource center shall provide information and assistance to employers, labor organizations, and victim service providers to aid in their efforts to develop and implement responses to such violence.

(b) Applications To be eligible to receive a grant under this section, an entity or organization shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including— information that demonstrates that the entity or organization has nationally recognized expertise in the area of domestic or sexual violence; a plan to maximize, to the extent practicable, outreach to employers (including private companies, public entities such as public institutions of higher education and State and local governments, and employers with fewer than 20 employees) and labor organizations described in subsection (a) concerning developing and implementing workplace responses to assist victims of domestic or sexual violence; and a plan for developing materials and training for materials for employers that address the needs of employees in cases of domestic violence, dating violence, sexual assault, stalking, and sexual harassment impacting the workplace, including the needs of underserved communities, which materials shall include a website with resources for employers with fewer than 20 employees, including live training materials.

(c) Use of grant amount An entity or organization that receives a grant under this section may use the funds made available through the grant for staff salaries, travel expenses, equipment, printing, and other reasonable expenses necessary to develop, maintain, and disseminate to employers and labor organizations described in subsection (a), information and assistance concerning workplace responses to assist victims of domestic or sexual violence or sexual harassment. Responses referred to in paragraph (1) may include— providing training to promote a better understanding of workplace assistance to victims of domestic or sexual violence or sexual harassment; providing conferences and other educational opportunities; and developing protocols and model workplace policies.

(d) Liability The compliance or noncompliance of any employer or labor organization with any protocol or policy developed by an entity or organization under this section shall not serve as a basis for liability in tort, express or implied contract, or by any other means. No protocol or policy developed by an entity or organization under this section shall be referenced or enforced as a workplace safety standard by any Federal, State, or other governmental agency.

(e) Pathways to Opportunity Pilot Project An eligible nonprofit nongovernmental entity or tribal organization that receives a grant under this section may develop a plan to enhance the capacity of survivors to obtain and maintain employment, including through the implementation of a demonstration pilot program to be known as “Pathways to Opportunity”, which shall— build collaborations between and among victim service providers, workforce development programs, and educational and vocational institutions to provide trauma informed programming to support survivors seeking employment; and be centered around culturally specific organizations or organizations that primarily serve populations traditionally marginalized in the workplace.

(f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2023 through 2027.

(g) Availability of grant funds Funds appropriated under this section shall remain available until expended.

§ 12511 Sexual assault services program

(a) Purposes The purposes of this section are— to assist States, Indian tribes, and territories in providing intervention, advocacy, accompaniment, support services, and related assistance for— adult, youth, and child victims of sexual assault; family and household members of such victims; and those collaterally affected by the victimization, except for the perpetrator of such victimization; and to provide for technical assistance and training relating to sexual assault to— Federal, State, tribal, territorial and local governments, law enforcement agencies, and courts; professionals working in legal, social service, and health care settings; nonprofit organizations; faith-based organizations; and other individuals and organizations seeking such assistance.

(b) Grants to States and territories The Attorney General shall award grants to States and territories to support the establishment, maintenance, and expansion of rape crisis centers and other nongovernmental or tribal programs and projects to assist individuals who have been victimized by sexual assault, without regard to the age of the individual. Not more than 5 percent of the grant funds received by a State or territory governmental agency under this subsection for any fiscal year may be used for administrative costs. Any funds received by a State or territory under this subsection that are not used for administrative costs shall be used to provide grants to rape crisis centers and other nonprofit, nongovernmental organizations or tribal programs and activities for programs and activities within such State or territory that provide direct intervention and related assistance. Intervention and related assistance under subparagraph (B) may include— 24-hour hotline services providing crisis intervention services and referral; accompaniment and advocacy through medical, criminal justice, and social support systems, including medical facilities, police, and court proceedings; crisis intervention, short-term individual and group support services, direct payments, and comprehensive service coordination and supervision to assist sexual assault victims and family or household members; information and referral to assist the sexual assault victim and family or household members; community-based, culturally specific services and support mechanisms, including outreach activities for underserved communities; and the development and distribution of materials on issues related to the services described in clauses (i) through (v). Each eligible entity desiring a grant under this subsection shall submit an application to the Attorney General at such time and in such manner as the Attorney General may reasonably require. Each application submitted under subparagraph (A) shall— set forth procedures designed to ensure meaningful involvement of the State or territorial sexual assault coalition and representatives from underserved communities in the development of the application and the implementation of the plans; set forth procedures designed to ensure an equitable distribution of grants and grant funds within the State or territory and between urban and rural areas within such State or territory; identify the State or territorial agency that is responsible for the administration of programs and activities; and meet other such requirements as the Attorney General reasonably determines are necessary to carry out the purposes and provisions of this section. The Attorney General shall allocate to each State (including the District of Columbia and Puerto Rico) not less than 1.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall each be allocated 0.5 percent of the total appropriations. The remaining funds shall be allotted to each State and each territory in an amount that bears the same ratio to such remaining funds as the population of such State and such territory bears to the population of all the States and the territories.

(c) Grants for culturally specific programs addressing sexual assault The Attorney General shall award grants to eligible entities to support the establishment, maintenance, and expansion of culturally specific intervention and related assistance for victims of sexual assault. To be eligible to receive a grant under this section, an entity shall— be a private nonprofit organization that focuses primarily on culturally specific communities; must have documented organizational experience in the area of sexual assault intervention or have entered into a partnership with an organization having such expertise; have expertise in the development of community-based, linguistically and culturally specific outreach and intervention services relevant for the specific communities to whom assistance would be provided or have the capacity to link to existing services in the community tailored to the needs of culturally specific populations; and have an advisory board or steering committee and staffing which is reflective of the targeted culturally specific community. The Attorney General shall award grants under this section on a competitive basis. The Attorney General shall not use more than 2.5 percent of funds appropriated under this subsection in any year for administration, monitoring, and evaluation of grants made available under this subsection. The Attorney General shall make grants under this section for a period of no less than 2 fiscal years. The Attorney General shall provide technical assistance to recipients of grants under this subsection by entering into a cooperative agreement or contract with a national, nonprofit, nongovernmental organization or organizations whose primary focus and expertise is in addressing sexual assault within culturally specific communities. Each entity receiving a grant under this subsection shall submit a report to the Attorney General that describes the activities carried out with such grant funds.

(d) Grants to State, territorial, and tribal sexual assault coalitions The Attorney General shall award grants to State, territorial, and tribal sexual assault coalitions to assist in supporting the establishment, maintenance, and expansion of such coalitions. Not less than 10 percent of the total amount appropriated to carry out this section shall be used for grants under subparagraph (A). Each of the State, territorial, and tribal sexual assault coalitions. Grant funds received under this subsection may be used to— work with local sexual assault programs and other providers of direct services to encourage appropriate responses to sexual assault within the State, territory, or tribe; work with judicial and law enforcement agencies to encourage appropriate responses to sexual assault cases; work with courts, child protective services agencies, and children’s advocates to develop appropriate responses to child custody and visitation issues when sexual assault has been determined to be a factor; design and conduct public education campaigns; plan and monitor the distribution of grants and grant funds to their State, territory, or tribe; or collaborate with and inform Federal, State, or local public officials and agencies to develop and implement policies to reduce or eliminate sexual assault. From amounts appropriated for grants under this subsection for each fiscal year— not less than 10 percent of the funds shall be available for grants to tribal sexual assault coalitions; and the remaining funds shall be available for grants to State and territorial coalitions, and the Attorney General shall allocate an amount equal to 1 ⁄ 56 of the amounts so appropriated to each of those State and territorial coalitions. Each eligible entity desiring a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General determines to be essential to carry out the purposes of this section. No entity shall be prohibited from submitting an application under this subsection during any fiscal year for which funds are available under this subsection because such entity has not previously applied or received funding under this subsection.

(e) Grants to tribes The Attorney General may award grants to Indian tribes, tribal organizations, and nonprofit tribal organizations for the operation of sexual assault programs or projects in Indian tribal lands and Alaska Native villages to support the establishment, maintenance, and expansion of programs and projects to assist those victimized by sexual assault. Not more than 5 percent of the grant funds received by an Indian tribe, tribal organization, and nonprofit tribal organization under this subsection for any fiscal year may be used for administrative costs. Any funds received under this subsection that are not used for administrative costs shall be used to provide grants to tribal organizations and nonprofit tribal organizations for programs and activities within Indian country and Alaskan native villages that provide direct intervention and related assistance.

(f) Authorization of appropriations There are authorized to be appropriated $100,000,000 to remain available until expended for each of fiscal years 2023 through 2027 to carry out the provisions of this section. Of the total amounts appropriated for each fiscal year to carry out this section— not more than 2.5 percent shall be used by the Attorney General for evaluation, monitoring, and other administrative costs under this section; not more than 8 percent shall be used for the provision of technical assistance to grantees and subgrantees under this section of which not less than 20 percent shall be available for technical assistance to recipients and potential recipients of grants under subsection (c); not less than 65 percent shall be used for grants to States and territories under subsection (b); not less than 10 percent shall be used for making grants to State, territorial, and tribal sexual assault coalitions under subsection (d); not less than 10 percent shall be used for grants to tribes under subsection (e); and not less than 10 percent shall be used for grants for culturally specific programs addressing sexual assault under subsection (c).

§ 12512 Working Group

(a) In general The Attorney General, in consultation with the Secretary of Health and Human Services (referred to in this section as the “Secretary”), shall establish a joint working group (referred to in this section as the “Working Group”) to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence.

(b) Consultation with stakeholders The Working Group shall consult with— stakeholders in law enforcement, prosecution, forensic laboratory, counseling, forensic examiner, medical facility, and medical provider communities; and representatives of not less than 3 entities with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or representation of sexual assault victims, of which not less than 1 representative shall be a sexual assault victim.

(c) Membership The Working Group shall be composed of governmental or nongovernmental agency heads at the discretion of the Attorney General, in consultation with the Secretary.

(d) Duties The Working Group shall— develop recommendations for improving the coordination of the dissemination and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence to hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community; encourage, where appropriate, the adoption and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community; develop recommendations to promote the coordination of the dissemination and implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; develop and implement, where practicable, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence among State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; collect feedback from stakeholders, practitioners, and leadership throughout the Federal and State law enforcement, victim services, forensic science practitioner, and health care communities to inform development of future best practices or clinical guidelines regarding the care and treatment of sexual assault survivors; and perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors.

(e) Report Not later than 2 years after October 7, 2016 , the Working Group shall submit to the Attorney General, the Secretary, and Congress a report containing the findings and recommended actions of the Working Group.

§ 12513 Demonstration program on trauma-informed, victim-centered training for law enforcement

(a) Definitions In this section— the term “Attorney General” means the Attorney General, acting through the Director of the Office on Violence Against Women; the term “covered individual” means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including— an individual working for or on behalf of an eligible entity; an administrator or personnel of a school, university, or other educational program or activity (including a campus police officer or a school resource officer); and an emergency services or medical employee; the term “demonstration site”, with respect to an eligible entity that receives a grant under this section, means the area over which the eligible entity has jurisdiction; the term “eligible entity” means a State, local, territorial, or Tribal law enforcement agency; and the term “mandatory partner” means a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described in paragraph (4).

(b) Grants authorized The Attorney General shall award grants on a competitive basis to eligible entities to collaborate with their mandatory partners to carry out the demonstration program under this section by implementing evidence-based or promising investigative policies and practices to incorporate trauma-informed, victim-centered techniques designed to— prevent re-traumatization of the victim; ensure that covered individuals use evidence-based practices to respond to and investigate cases of domestic violence, dating violence, sexual assault, and stalking; improve communication between victims and law enforcement officers in an effort to increase the likelihood of the successful investigation and prosecution of the reported crime in a manner that protects the victim to the greatest extent possible; increase collaboration among stakeholders who are part of the coordinated community response to domestic violence, dating violence, sexual assault, and stalking; and evaluate the effectiveness of the training process and content. The Attorney General shall award grants under this section to multiple eligible entities for use in a variety of settings and communities, including— urban, suburban, Tribal, remote, and rural areas; college campuses; or traditionally underserved communities.

(c) Use of funds An eligible entity that receives a grant under this section shall use the grant to— train covered individuals within the demonstration site of the eligible entity to use evidence-based, trauma-informed, and victim-centered techniques and knowledge of crime victims’ rights throughout an investigation into domestic violence, dating violence, sexual assault, or stalking, including by— conducting victim interviews in a manner that— elicits valuable information about the domestic violence, dating violence, sexual assault, or stalking; and avoids re-traumatization of the victim; conducting field investigations that mirror best and promising practices available at the time of the investigation; customizing investigative approaches to ensure a culturally and linguistically appropriate approach to the community being served; becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual assault, or stalking— facilitated by alcohol or drugs; involving strangulation; committed by a non-stranger; committed by an individual of the same sex as the victim; involving a victim with a disability; involving a male victim; or involving a lesbian, gay, bisexual, or transgender (commonly referred to as “LGBT”) victim; developing collaborative relationships between— law enforcement officers and other members of the response team; and the community being served; and developing an understanding of how to define, identify, and correctly classify a report of domestic violence, dating violence, sexual assault, or stalking; and promote the efforts of the eligible entity to improve the response of covered individuals to domestic violence, dating violence, sexual assault, and stalking through various communication channels, such as the website of the eligible entity, social media, print materials, and community meetings, in order to ensure that all covered individuals within the demonstration site of the eligible entity are aware of those efforts and included in trainings, to the extent practicable.

(d) Demonstration program trainings on trauma-informed, victim-centered approaches The Attorney General shall identify trainings for law enforcement officers, in existence as of the date on which the Attorney General begins to solicit applications for grants under this section, that— employ a trauma-informed, victim-centered approach to domestic violence, dating violence, sexual assault, and stalking; and focus on the fundamentals of— trauma responses; the impact of trauma on victims of domestic violence, dating violence, sexual assault, and stalking; and techniques for effectively investigating domestic violence, dating violence, sexual assault, and stalking. An eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training identified under subparagraph (A) to test within the demonstration site of the eligible entity. In carrying out paragraph (1), the Attorney General shall consult with the Director of the Office for Victims of Crime in order to seek input from and cultivate consensus among outside practitioners and other stakeholders through facilitated discussions and focus groups on best practices in the field of trauma-informed, victim-centered care for victims of domestic violence, dating violence, sexual assault, and stalking.

(e) Evaluation The Attorney General, in consultation with the Director of the National Institute of Justice, shall require each eligible entity that receives a grant under this section to identify a research partner, preferably a local research partner, to— design a system for generating and collecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds; periodically conduct an evaluation described in paragraph (1); and periodically make publicly available, during the grant period— preliminary results of the evaluations conducted under paragraph (2); and recommendations for improving the use of the grant funds.

(f) Authorization of appropriations There are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

(g) Rule of construction Nothing in this section shall be construed to interfere with the due process rights of any individual.

§ 12514 Pilot program on restorative practices

(a) Definitions In this section: The term “Director” means the Director of the Office on Violence Against Women. The term “eligible entity” means— a State; a unit of local government; a tribal government; a tribal organization; a victim service provider; an institution of higher education (as defined in section 1001(a) of title 20 ; and a private or public nonprofit organization, including— a tribal nonprofit organization; and a faith-based nonprofit organization. The term “restorative practice” means a practice relating to a specific harm that— is community-based and unaffiliated with any civil or criminal legal process; is initiated by a victim of the harm; involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual— 1 or more individuals who committed the harm; 1 or more victims of the harm; and the community affected by the harm through 1 or more representatives of the community; shall include and has the goal of— collectively seeking accountability from 1 or more individuals who committed the harm; developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to 1 or more victims of the harm; and developing a written course of action plan— that is responsive to the needs of 1 or more victims of the harm; and upon which 1 or more victims, 1 or more individuals who committed the harm, and the community can agree; and is conducted in a victim services framework that protects the safety and supports the autonomy of 1 or more victims of the harm and the community.

(b) Grants authorized The Director shall award grants to eligible entities to develop and implement a program, or to assess best practices, for— restorative practices to prevent or address domestic violence, dating violence, sexual assault, or stalking; training by eligible entities, or for eligible entities, courts, or prosecutors, on restorative practices and program implementation; and evaluations of a restorative practice described in paragraph (1).

(c) Priority In awarding grants under subsection (b), the Director shall give priority to eligible entities that submit proposals that meaningfully address the needs of culturally specific or underserved populations.

(d) Qualifications To be eligible to receive a grant under this section, an eligible entity shall demonstrate a history of comprehensive training and experience in working with victims of domestic violence, dating violence, sexual assault, or stalking.

(e) Program requirements An eligible entity or a subgrantee of an eligible entity that offers a restorative practices program with funds awarded under this section shall ensure that such program— includes set practices and procedures for screening the suitability of any individual who committed a harm based on— the history of civil and criminal complaints against the individual involving domestic violence, sexual assault, dating violence, or stalking; parole or probation violations of the individual or whether active parole or probation supervision of the individual is being conducted for prior offenses involving domestic violence, sexual assault, dating violence, or stalking; the risk to the safety of any victim of the harm based on an evidence-based risk assessment; the risk to public safety, including an evidence-based risk assessment of the danger to the public; and past participation of any individual who committed the harm in restorative practice programing; and denies eligibility to participate in the program for any individual who committed a harm against whom there is— a pending felony or misdemeanor prosecution for an offense against any victim of the harm or a dependent of any such victim; a restraining order or a protection order (as defined in section 2266 of title 18 ) that protects any victim of the harm or a dependent of any such victim, unless there is an exception in the restraining order or protective order allowing for participation in a restorative practices program; a pending criminal charge involving or relating to sexual assault, including rape, human trafficking, or child abuse, including child sexual abuse; or a conviction for child sexual abuse against the victim or a sibling of the victim if the victim or sibling of the victim is currently a minor. With respect to a risk assessment described in paragraph (1)(A)(iii) for which an eligible entity or a subgrantee of an eligible entity determines that a victim or a dependent of a victim are at significant risk of subsequent serious injury, sexual assault, or death, the eligible entity or subgrantee shall refer the victim or dependent to other victim services, instead of restorative practices.

(f) Nondisclosure of confidential or private information For the purpose of section 12291(b)(2) of this title , an individual described in subsection (a)(3)(C) shall be considered a person receiving services.

(g) Relation to criminal justice intervention Restorative practices performed with funds awarded under this section are not intended to function as a replacement for criminal justice intervention for a specific harm.

(h) Reports As a part of the report required to be submitted under section 12291(b)(6) of this title , an eligible entity that receives a grant under this section shall annually submit to the Director information relating to the effectiveness of the restorative practices carried out with amounts from the grant, including— the number of individuals for whom the eligible entity supported a restorative practice; if applicable, the number of individuals who— sought restorative practices from the eligible entity; and the eligible entity could not serve; if applicable, the number of individuals— who sought restorative practice training; who received restorative practice training; who provided restorative practice training; and to whom the eligible entity could not provide restorative practice training; a victim evaluation component that is documented through survey or interview, including the satisfaction of victims of a harm with the restorative practice services; if applicable, the number of individuals who committed a harm and— successfully completed and executed a written course of action plan; failed to successfully complete and execute a written course of action plan; and were involved in a criminal or civil complaint involving domestic violence, dating violence, sexual assault, or stalking against the victims 1 or victims during the course of the restorative practice process; and any other qualitative or quantitative information determined by the Director. Not later than 2 years after March 15, 2022 , and biennially thereafter, the Director shall submit to Congress a report that summarizes the reports received by the Director under paragraph (1).

(i) Authorization of appropriations There are authorized to be appropriated to the Director such sums as may be necessary for each of fiscal years 2023 through 2027 to carry out this section.

§ 12521 Increased penalties for drug-dealing in “drug-free” zones

Pursuant to its authority under section 994 of title 28 , the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of violating section 860 of title 21 . ( Pub. L. 103–322, title IX, § 90102 , Sept. 13, 1994 , 108 Stat. 1987 .)

§ 12522 Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

(a) Declaration of policy It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.

(b) Sentencing guidelines Pursuant to its authority under section 994 of title 28 , the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense— under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or under section 841(b) of title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.

(c) No probation Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.

§ 12523 Violent crime and drug emergency areas

(a) Definitions In this section— “major violent crime or drug-related emergency” means an occasion or instance in which violent crime, drug smuggling, drug trafficking, or drug abuse violence reaches such levels, as determined by the President, that Federal assistance is needed to supplement State and local efforts and capabilities to save lives, and to protect property and public health and safety. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(b) Declaration of violent crime and drug emergency areas If a major violent crime or drug-related emergency exists throughout a State or a part of a State, the President may declare the State or part of a State to be a violent crime or drug emergency area and may take appropriate actions authorized by this section.

(c) Procedure A request for a declaration designating an area to be a violent crime or drug emergency area shall be made, in writing, by the chief executive officer of a State or local government, respectively (or in the case of the District of Columbia, the mayor), and shall be forwarded to the Attorney General in such form as the Attorney General may by regulation require. One or more cities, counties, States, or the District of Columbia may submit a joint request for designation as a major violent crime or drug emergency area under this subsection. A request made under paragraph (1) shall be based on a written finding that the major violent crime or drug-related emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response to save lives and to protect property and public health and safety.

(d) Irrelevancy of population density The President shall not limit declarations made under this section to highly populated centers of violent crime or drug trafficking, drug smuggling, or drug use, but shall also consider applications from governments of less populated areas where the magnitude and severity of such activities is beyond the capability of the State or local government to respond.

(e) Requirements As part of a request for a declaration under this section, and as a prerequisite to Federal violent crime or drug emergency assistance under this section, the chief executive officer of a State or local government shall— take appropriate action under State or local law and furnish information on the nature and amount of State and local resources that have been or will be committed to alleviating the major violent crime- or drug-related emergency; submit a detailed plan outlining that government’s short- and long-term plans to respond to the violent crime or drug emergency, specifying the types and levels of Federal assistance requested and including explicit goals (including quantitative goals) and timetables; and specify how Federal assistance provided under this section is intended to achieve those goals.

(f) Review period The Attorney General shall review a request submitted pursuant to this section, and the President shall decide whether to declare a violent crime or drug emergency area, within 30 days after receiving the request.

(g) Federal assistance The President may— direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, financial assistance, and managerial, technical, and advisory services) in support of State and local assistance efforts; and provide technical and advisory assistance, including communications support and law enforcement-related intelligence information.

(h) Duration of Federal assistance Federal assistance under this section shall not be provided to a violent crime or drug emergency area for more than 1 year. The chief executive officer of a jurisdiction may apply to the President for an extension of assistance beyond 1 year. The President may extend the provision of Federal assistance for not more than an additional 180 days.

(i) Regulations Not later than 120 days after September 13, 1994 , the Attorney General shall issue regulations to implement this section.

(j) No effect on existing authority Nothing in this section shall diminish or detract from existing authority possessed by the President or Attorney General.

§ 12531 Juvenile anti-drug and anti-gang grants in federally assisted low-income housing

Grants authorized in this Act to reduce or prevent juvenile drug and gang-related activity in “public housing” may be used for such purposes in federally assisted, low-income housing. ( Pub. L. 103–322, title XV, § 150007 , Sept. 13, 1994 , 108 Stat. 2035 .)

§ 12532 Gang investigation coordination and information collection

(a) Coordination The Attorney General (or the Attorney General’s designee), in consultation with the Secretary of the Treasury (or the Secretary’s designee), shall develop a national strategy to coordinate gang-related investigations by Federal law enforcement agencies.

(b) Data collection The Director of the Federal Bureau of Investigation shall acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report.

(c) Report The Attorney General shall prepare a report on national gang violence outlining the strategy developed under subsection (a) to be submitted to the President and Congress by January 1, 1996 .

(d) Authorization of appropriations There are authorized to be appropriated to carry out this section $1,000,000 for fiscal year 1996.

§ 12541 Rural Crime and Drug Enforcement Task Forces

(a) Establishment The Attorney General, in consultation with the Governors, mayors, and chief executive officers of State and local law enforcement agencies, may establish a Rural Crime and Drug Enforcement Task Force in judicial districts that encompass significant rural lands. Assets seized as a result of investigations initiated by a Rural Crime and Drug Enforcement Task Force and forfeited under Federal law shall be used, consistent with the guidelines on equitable sharing established by the Attorney General and of the Secretary of the Treasury, primarily to enhance the operations of the task force and its participating State and local law enforcement agencies.

(b) Task force membership The Task Forces 1 established under subsection (a) shall be carried out under policies and procedures established by the Attorney General. The Attorney General may deputize State and local law enforcement officers and may cross-designate up to 100 Federal law enforcement officers, when necessary to undertake investigations pursuant to section 873(a) of title 21 or offenses punishable by a term of imprisonment of 10 years or more under title 18. The task forces— shall include representatives from— State and local law enforcement agencies; the office of the United States Attorney for the judicial district; and the Federal Bureau of Investigation, the Drug Enforcement Administration, the Immigration and Naturalization Service, and the United States Marshals Service; and may include representatives of other Federal law enforcement agencies, such as the United States Customs Service, United States Park Police, United States Forest Service, Bureau of Alcohol, Tobacco, and Firearms, and Bureau of Land Management.

§ 12542 Rural drug enforcement training

(a) Specialized training for rural officers The Director of the Federal Law Enforcement Training Center shall develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes.

(b) Authorization of appropriations There are authorized to be appropriated to carry out subsection (a)— $1, 000, 000 f or f i sc a l ye a r 1996;$ 1,000,000 for fiscal year 1997; $1, 000, 000 f or f i sc a l ye a r 1998;$ 1,000,000 for fiscal year 1999; and $1,000,000 for fiscal year 2000.

§ 12551 Purposes

The purposes of this part are to— address violent crime by increasing the number of police with advanced education and training on community patrol; and provide educational assistance to law enforcement personnel and to students who possess a sincere interest in public service in the form of law enforcement. ( Pub. L. 103–322, title XX, § 200102 , Sept. 13, 1994 , 108 Stat. 2049 .)

§ 12552 Definitions

In this part— “academic year” means a traditional academic year beginning in August or September and ending in the following May or June. “dependent child” means a natural or adopted child or stepchild of a law enforcement officer who at the time of the officer’s death— (A) was no more than 21 years old; or (B) if older than 21 years, was in fact dependent on the child’s parents for at least one-half of the child’s support (excluding educational expenses), as determined by the Director. “Director” means the Director of the Office of the Police Corps and Law Enforcement Education appointed under section 12553 1 of this title. “educational expenses” means expenses that are directly attributable to a course of education leading to the award of either a baccalaureate or graduate degree in a course of study which, in the judgment of the State or local police force to which the participant will be assigned, includes appropriate preparation for police service including the cost of tuition, fees, books, supplies, transportation, room and board and miscellaneous expenses. “institution of higher education” has the meaning stated in the first sentence of section 1001 of title 20 . “participant” means a participant in the Police Corps program selected pursuant to section 12555 2 of this title. “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. “State Police Corps program” means a State police corps program that meets the requirements of section 12559 of this title . ( Pub. L. 103–322, title XX, § 200103 , Sept. 13, 1994 , 108 Stat. 2049 ; Pub. L. 104–134, title I, § 101[(a)] [title I, § 121], Apr. 26, 1996 , 110 Stat. 1321 , 1321–22; renumbered title I, Pub. L. 104–140, § 1(a) , May 2, 1996 , 110 Stat. 1327 ; Pub. L. 105–244, title I, § 102(a)(13)(O) , Oct. 7, 1998 , 112 Stat. 1621 .)

§ 12553 Establishment of Office of the Police Corps and Law Enforcement Education

There is established in the Department of Justice, under the general authority of the Attorney General, an Office of the Police Corps and Law Enforcement Education. ( Pub. L. 103–322, title XX, § 200104 , Sept. 13, 1994 , 108 Stat. 2050 .)

§ 12554 Designation of lead agency and submission of State plan

(a) Lead agency A State that desires to participate in the Police Corps program under this part shall designate a lead agency that will be responsible for— submitting to the Director a State plan described in subsection (b); and administering the program in the State.

(b) State plans A State plan shall— contain assurances that the lead agency shall work in cooperation with the local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out the program; contain assurances that the State shall advertise the assistance available under this part; contain assurances that the State shall screen and select law enforcement personnel for participation in the program; and meet the requirements of section 12559 of this title .

§ 12555 Scholarship assistance

(a) Scholarships authorized The Director may award scholarships to participants who agree to work in a State or local police force in accordance with agreements entered into pursuant to subsection (d). Except as provided in subparagraph (B), each scholarship payment made under this section for each academic year shall not exceed— $10, 000; or t h ecos t o f t h ee d u c a t i o na l e x p e n sesre l a t e d t o a tt e n d in g anin s t i t u t i o n o f hi g h ere d u c a t i o n . I n t h ec a seo f a p a r t i c i p an tw h o i s p u rs u in g a co u rseo f e d u c a t i o na l s t u d y d u r in g s u b s t an t ia ll y an e n t i rec a l e n d a rye a r, t h e am o u n t o f sc h o l a rs hi pp a y m e n t s ma d e d u r in g s u c h ye a rs ha ll n o t e x cee d$ 13,333. The total amount of scholarship assistance received by any one student under this section shall not exceed $40,000. Recipients of scholarship assistance under this section shall continue to receive such scholarship payments only during such periods as the Director finds that the recipient is maintaining satisfactory progress as determined by the institution of higher education the recipient is attending. The Director shall make scholarship payments under this section directly to the institution of higher education that the student is attending. Each institution of higher education receiving a payment on behalf of a participant pursuant to subparagraph (A) shall remit to such student any funds in excess of the costs of tuition, fees, and room and board payable to the institution.

(b) Reimbursement authorized The Director may make payments to a participant to reimburse such participant for the costs of educational expenses if the student agrees to work in a State or local police force in accordance with the agreement entered into pursuant to subsection (d). Each payment made pursuant to paragraph (1) for each academic year of study shall not exceed— $10, 000; or t h ecos t o f e d u c a t i o na l e x p e n sesre l a t e d t o a tt e n d in g anin s t i t u t i o n o f hi g h ere d u c a t i o n . I n t h ec a seo f a p a r t i c i p an tw h o i s p u rs u in g a co u rseo f e d u c a t i o na l s t u d y d u r in g s u b s t an t ia ll y an e n t i rec a l e n d a rye a r, t h e am o u n t o f sc h o l a rs hi pp a y m e n t s ma d e d u r in g s u c h ye a rs ha ll n o t e x cee d$ 13,333. The total amount of payments made pursuant to subparagraph (A) to any 1 student shall not exceed $40,000.

(c) Use of scholarship Scholarships awarded under this subsection 1 shall only be used to attend a 4-year institution of higher education, except that— scholarships may be used for graduate and professional study; and if a participant has enrolled in the program upon or after transfer to a 4-year institution of higher education, the Director may reimburse the participant for the participant’s prior educational expenses.

(d) Agreement Each participant receiving a scholarship or a payment under this section shall enter into an agreement with the Director. An agreement under subparagraph (A) shall contain assurances that the participant shall— after successful completion of a baccalaureate program and training as prescribed in section 12557 of this title , work for 4 years in a State or local police force without there having arisen sufficient cause for the participant’s dismissal under the rules applicable to members of the police force of which the participant is a member; complete satisfactorily— an educational course of study and receipt of a baccalaureate degree (in the case of undergraduate study) or the reward of credit to the participant for having completed one or more graduate courses (in the case of graduate study); and Police Corps training and certification by the Director that the participant has met such performance standards as may be established pursuant to section 12557 of this title ; and repay all of the scholarship or payment received plus interest at the rate of 10 percent if the conditions of clauses (i) and (ii) are not complied with. A recipient of a scholarship or payment under this section shall not be considered to be in violation of the agreement entered into pursuant to paragraph (1) if the recipient— dies; or becomes permanently and totally disabled as established by the sworn affidavit of a qualified physician. If a scholarship recipient is unable to comply with the repayment provision set forth in paragraph (1)(B)(ii) 2 because of a physical or emotional disability or for good cause as determined by the Director, the Director may substitute community service in a form prescribed by the Director for the required repayment. The Director shall expeditiously seek repayment from a participant who violates an agreement described in paragraph (1).

(e) Dependent child A dependent child of a law enforcement officer— who is a member of a State or local police force or is a Federal criminal investigator or uniformed police officer, who is not a participant in the Police Corps program, but who serves in a State for which the Director has approved a Police Corps plan, and who is killed in the course of performing police duties, shall be entitled to the scholarship assistance authorized in this section for any course of study in any accredited institution of higher education. Such dependent child shall not incur any repayment obligation in exchange for the scholarship assistance provided in this section.

(f) Application Each participant desiring a scholarship or payment under this section shall submit an application as prescribed by the Director in such manner and accompanied by such information as the Director may reasonably require.

§ 12556 Selection of participants

(a) In general Participants in State Police Corps programs shall be selected on a competitive basis by each State under regulations prescribed by the Director.

(b) Selection criteria and qualifications In order to participate in a State Police Corps program, a participant shall— be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; meet the requirements for admission as a trainee of the State or local police force to which the participant will be assigned pursuant to section 12559(5) of this title , including achievement of satisfactory scores on any applicable examination, except that failure to meet the age requirement for a trainee of the State or local police shall not disqualify the applicant if the applicant will be of sufficient age upon completing an undergraduate course of study; possess the necessary mental and physical capabilities and emotional characteristics to discharge effectively the duties of a law enforcement officer; be of good character and demonstrate sincere motivation and dedication to law enforcement and public service; in the case of an undergraduate, agree in writing that the participant will complete an educational course of study leading to the award of a baccalaureate degree and will then accept an appointment and complete 4 years of service as an officer in the State police or in a local police department within the State; in the case of a participant desiring to undertake or continue graduate study, agree in writing that the participant will accept an appointment and complete 4 years of service as an officer in the State police or in a local police department within the State before undertaking or continuing graduate study; contract, with the consent of the participant’s parent or guardian if the participant is a minor, to serve for 4 years as an officer in the State police or in a local police department, if an appointment is offered; and except as provided in paragraph (2), be without previous law enforcement experience. Until the date that is 5 years after September 13, 1994 , up to 10 percent of the applicants accepted into the Police Corps program may be persons who— have had some law enforcement experience; and have demonstrated special leadership potential and dedication to law enforcement. The prior period of law enforcement of a participant selected pursuant to subparagraph (A) shall not be counted toward satisfaction of the participant’s 4-year service obligation under section 12558 of this title , and such a participant shall be subject to the same benefits and obligations under this part as other participants, including those stated in section 1 (b)(1)(E) and (F). Clause (i) shall not be construed to preclude counting a participant’s previous period of law enforcement experience for purposes other than satisfaction of the requirements of section 12558 of this title , such as for purposes of determining such a participant’s pay and other benefits, rank, and tenure. It is the intent of this part that there shall be no more than 20,000 participants in each graduating class. The Director shall approve State plans providing in the aggregate for such enrollment of applicants as shall assure, as nearly as possible, annual graduating classes of 20,000. In a year in which applications are received in a number greater than that which will produce, in the judgment of the Director, a graduating class of more than 20,000, the Director shall, in deciding which applications to grant, give preference to those who will be participating in State plans that provide law enforcement personnel to areas of greatest need.

(c) Recruitment of minorities Each State participating in the Police Corps program shall make special efforts to seek and recruit applicants from among members of all racial, ethnic or gender groups. This subsection does not authorize an exception from the competitive standards for admission established pursuant to subsections (a) and (b).

(d) Enrollment of applicant An applicant shall be accepted into a State Police Corps program on the condition that the applicant will be matriculated in, or accepted for admission at, a 4-year institution of higher education— as a full-time student in an undergraduate program; or for purposes of taking a graduate course. If the applicant is not matriculated or accepted as set forth in paragraph (1), the applicant’s acceptance in the program shall be revoked.

(e) Leave of absence A participant in a State Police Corps program who requests a leave of absence from educational study, training or service for a period not to exceed 1 year (or 18 months in the aggregate in the event of multiple requests) due to temporary physical or emotional disability shall be granted such leave of absence by the State. A participant who requests a leave of absence from educational study, training or service for a period not to exceed 1 year (or 18 months in the aggregate in the event of multiple requests) for any reason other than those listed in paragraph (1) may be granted such leave of absence by the State. A participant who requests a leave of absence from educational study or training for a period not to exceed 30 months to serve on an official church mission may be granted such leave of absence.

(f) Admission of applicants An applicant may be admitted into a State Police Corps program either before commencement of or during the applicant’s course of educational study.

§ 12557 Police Corps training

(a) In general The Director shall establish programs of training for Police Corps participants. Such programs may be carried out at up to 3 training centers established for this purpose and administered by the Director, or by contracting with existing State training facilities. The Director shall contract with a State training facility upon request of such facility if the Director determines that such facility offers a course of training substantially equivalent to the Police Corps training program described in this part. The Director may enter into contracts with individuals, institutions of learning, and government agencies (including State and local police forces) to obtain the services of persons qualified to participate in and contribute to the training process. The Director may enter into agreements with agencies of the Federal Government to utilize on a reimbursable basis space in Federal buildings and other resources. The Director may authorize such expenditures as are necessary for the effective maintenance of the training centers, including purchases of supplies, uniforms, and educational materials, and the provision of subsistence, quarters, and medical care to participants.

(b) Training sessions A participant in a State Police Corps program shall attend up to 24 weeks, but no less than 16 weeks, of training at a training center. The Director may approve training conducted in not more than 3 separate sessions.

(c) Further training The Police Corps training authorized in this section is intended to serve as basic law enforcement training but not to exclude further training of participants by the State and local authorities to which they will be assigned. Each State plan approved by the Director under section 12559 1 of this title shall include assurances that following completion of a participant’s course of education each participant shall receive appropriate additional training by the State or local authority to which the participant is assigned. The time spent by a participant in such additional training, but not the time spent in Police Corps training, shall be counted toward fulfillment of the participant’s 4-year service obligation.

(d) Course of training The training sessions at training centers established under this section shall be designed to provide basic law enforcement training, including vigorous physical and mental training to teach participants self-discipline and organizational loyalty and to impart knowledge and understanding of legal processes and law enforcement.

(e) Evaluation of participants A participant shall be evaluated during training for mental, physical, and emotional fitness, and shall be required to meet performance standards prescribed by the Director at the conclusion of each training session in order to remain in the Police Corps program.

(f) Stipend The Director shall pay participants in training sessions a stipend of $400 a week during training.

§ 12558 Service obligation

(a) Swearing in Upon satisfactory completion of the participant’s course of education and training program established in section 12557 of this title and meeting the requirements of the police force to which the participant is assigned, a participant shall be sworn in as a member of the police force to which the participant is assigned pursuant to the State Police Corps plan, and shall serve for 4 years as a member of that police force.

(b) Rights and responsibilities A participant shall have all of the rights and responsibilities of and shall be subject to all rules and regulations applicable to other members of the police force of which the participant is a member, including those contained in applicable agreements with labor organizations and those provided by State and local law.

(c) Discipline If the police force of which the participant is a member subjects the participant to discipline such as would preclude the participant’s completing 4 years of service, and result in denial of educational assistance under section 12555 of this title , the Director may, upon a showing of good cause, permit the participant to complete the service obligation in an equivalent alternative law enforcement service and, if such service is satisfactorily completed, section 12555(d)(1)(B)(iii) of this title shall not apply.

(d) Layoffs If the police force of which the participant is a member lays off the participant such as would preclude the participant’s completing 4 years of service, and result in denial of educational assistance under section 12555 of this title , the Director may permit the participant to complete the service obligation in an equivalent alternative law enforcement service and, if such service is satisfactorily completed, section 12555(d)(1)(B)(iii) of this title shall not apply.

§ 12559 State plan requirements

A State Police Corps plan shall— provide for the screening and selection of participants in accordance with the criteria set out in section 12556 of this title ; state procedures governing the assignment of participants in the Police Corps program to State and local police forces (except with permission of the Director, no more than 25 percent of all the participants assigned in each year by each State to be assigned to a statewide police force or forces); provide that participants shall be assigned to those geographic areas in which— there is the greatest need for additional law enforcement personnel; and the participants will be used most effectively; provide that to the extent consistent with paragraph (3), a participant shall be assigned to an area near the participant’s home or such other place as the participant may request; provide that to the extent feasible, a participant’s assignment shall be made at the time the participant is accepted into the program, subject to change— prior to commencement of a participant’s fourth year of undergraduate study, under such circumstances as the plan may specify; and from commencement of a participant’s fourth year of undergraduate study until completion of 4 years of police service by participant, only for compelling reasons or to meet the needs of the State Police Corps program and only with the consent of the participant; provide that no participant shall be assigned to serve with a local police force— whose size has declined by more than 5 percent since June 21, 1989 ; or which has members who have been laid off but not retired; provide that participants shall be placed and to the extent feasible kept on community and preventive patrol; ensure that participants will receive effective training and leadership; provide that the State may decline to offer a participant an appointment following completion of Federal training, or may remove a participant from the Police Corps program at any time, only for good cause (including failure to make satisfactory progress in a course of educational study) and after following reasonable review procedures stated in the plan; and provide that a participant shall, while serving as a member of a police force, be compensated at the same rate of pay and benefits and enjoy the same rights under applicable agreements with labor organizations and under State and local law as other police officers of the same rank and tenure in the police force of which the participant is a member. ( Pub. L. 103–322, title XX, § 200110 , Sept. 13, 1994 , 108 Stat. 2056 ; Pub. L. 107–273, div. C, title I, § 11006(3) , Nov. 2, 2002 , 116 Stat. 1817 .)

§ 12571 Definitions

In this part— “Director” means the Director of the Office of the Police Corps and Law Enforcement Education appointed under section 12553 1 of this title. “educational expenses” means expenses that are directly attributable to— (A) a course of education leading to the award of an associate degree; (B) a course of education leading to the award of a baccalaureate degree; or (C) a course of graduate study following award of a baccalaureate degree, including the cost of tuition, fees, books, supplies, and related expenses. “institution of higher education” has the meaning stated in the first sentence of section 1001 of title 20 . “law enforcement position” means employment as an officer in a State or local police force, or correctional institution. “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. ( Pub. L. 103–322, title XX, § 200202 , Sept. 13, 1994 , 108 Stat. 2057 ; Pub. L. 105–244, title I, § 102(a)(13)(P) , Oct. 7, 1998 , 112 Stat. 1621 .)

§ 12572 Allotment

From amounts appropriated under section 14119 of title 42 , the Director shall allot— 80 percent of such amounts to States on the basis of the number of law enforcement officers in each State compared to the number of law enforcement officers in all States; and 20 percent of such amounts to States on the basis of the shortage of law enforcement personnel and the need for assistance under this part in the State compared to the shortage of law enforcement personnel and the need for assistance under this part in all States. ( Pub. L. 103–322, title XX, § 200203 , Sept. 13, 1994 , 108 Stat. 2058 .)

§ 12573 Establishment of program

(a) Use of allotment A State that receives an allotment pursuant to section 12572 of this title shall use the allotment to pay the Federal share of the costs of— awarding scholarships to in-service law enforcement personnel to enable such personnel to seek further education; and providing— full-time employment in summer; or part-time (not to exceed 20 hours per week) employment for a period not to exceed 1 year. The employment described in paragraph (1)(B)— shall be provided by State and local law enforcement agencies for students who are juniors or seniors in high school or are enrolled in an institution of higher education and who demonstrate an interest in undertaking a career in law enforcement; shall not be in a law enforcement position; and shall consist of performing meaningful tasks that inform students of the nature of the tasks performed by law enforcement agencies.

(b) Payments; Federal share; non-Federal share Subject to the availability of appropriations, the Director shall pay to each State that receives an allotment under section 12572 of this title the Federal share of the cost of the activities described in the application submitted pursuant to section 12576 1 of this title. The Federal share shall not exceed 60 percent. The non-Federal share of the cost of scholarships and student employment provided under this part shall be supplied from sources other than the Federal Government.

(c) Responsibilities of Director The Director shall be responsible for the administration of the programs conducted pursuant to this part and shall, in consultation with the Assistant Secretary for Postsecondary Education, issue rules to implement this part.

(d) Administrative expenses A State that receives an allotment under section 12572 of this title may reserve not more than 8 percent of the allotment for administrative expenses.

(e) Special rule A State that receives an allotment under section 12572 of this title shall ensure that each scholarship recipient under this part be compensated at the same rate of pay and benefits and enjoy the same rights under applicable agreements with labor organizations and under State and local law as other law enforcement personnel of the same rank and tenure in the office of which the scholarship recipient is a member.

(f) Supplementation of funding Funds received under this part shall only be used to supplement, and not to supplant, Federal, State, or local efforts for recruitment and education of law enforcement personnel.

§ 12574 Scholarships

(a) Period of award Scholarships awarded under this part shall be for a period of 1 academic year.

(b) Use of scholarships Each individual awarded a scholarship under this part may use the scholarship for educational expenses at an institution of higher education.

§ 12575 Eligibility

(a) Scholarships A person shall be eligible to receive a scholarship under this part if the person has been employed in law enforcement for the 2-year period immediately preceding the date on which assistance is sought.

(b) Ineligibility for student employment A person who has been employed as a law enforcement officer is ineligible to participate in a student employment program carried out under this part.

§ 12576 State application

(a) In general Each State desiring an allotment under section 12572 of this title shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require.

(b) Contents An application under subsection (a) shall— describe the scholarship program and the student employment program for which assistance under this part is sought; contain assurances that the lead agency will work in cooperation with the local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out this part; contain assurances that the State will advertise the scholarship assistance and student employment it will provide under this part and that the State will use such programs to enhance recruitment efforts; contain assurances that the State will screen and select law enforcement personnel for participation in the scholarship program under this part; contain assurances that under such student employment program the State will screen and select, for participation in such program, students who have an interest in undertaking a career in law enforcement; contain assurances that under such scholarship program the State will make scholarship payments to institutions of higher education on behalf of persons who receive scholarships under this part; with respect to such student employment program, identify— the employment tasks that students will be assigned to perform; the compensation that students will be paid to perform such tasks; and the training that students will receive as part of their participation in the program; identify model curriculum and existing programs designed to meet the educational and professional needs of law enforcement personnel; and contain assurances that the State will promote cooperative agreements with educational and law enforcement agencies to enhance law enforcement personnel recruitment efforts in institutions of higher education.

§ 12577 Local application

(a) In general A person who desires a scholarship or employment under this part shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require.

(b) Contents An application under subsection (a) shall describe— the academic courses for which a scholarship is sought; or the location and duration of employment that is sought.

(c) Priority In awarding scholarships and providing student employment under this part, each State shall give priority to applications from persons who are— members of racial, ethnic, or gender groups whose representation in the law enforcement agencies within the State is substantially less than in the population eligible for employment in law enforcement in the State; pursuing an undergraduate degree; and not receiving financial assistance under the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq.].

§ 12578 Scholarship agreement

(a) In general A person who receives a scholarship under this part shall enter into an agreement with the Director.

(b) Contents An agreement described in subsection (a) shall— provide assurances that the scholarship recipient will work in a law enforcement position in the State that awarded the scholarship in accordance with the service obligation described in subsection (c) after completion of the scholarship recipient’s academic courses leading to an associate, bachelor, or graduate degree; provide assurances that the scholarship recipient will repay the entire scholarship in accordance with such terms and conditions as the Director shall prescribe if the requirements of the agreement are not complied with, unless the scholarship recipient— dies; becomes physically or emotionally disabled, as established by the sworn affidavit of a qualified physician; or has been discharged in bankruptcy; and set forth the terms and conditions under which the scholarship recipient may seek employment in the field of law enforcement in a State other than the State that awarded the scholarship.

(c) Service obligation Except as provided in paragraph (2), a person who receives a scholarship under this part shall work in a law enforcement position in the State that awarded the scholarship for a period of 1 month for each credit hour for which funds are received under the scholarship. For purposes of satisfying the requirement of paragraph (1), a scholarship recipient shall work in a law enforcement position in the State that awarded the scholarship for not less than 6 months but shall not be required to work in such a position for more than 2 years.

§ 12591 Quality assurance and proficiency testing standards

(a) Publication of quality assurance and proficiency testing standards Not later than 180 days after September 13, 1994 , the Director of the Federal Bureau of Investigation shall appoint an advisory board on DNA quality assurance methods from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. The advisory board shall include as members scientists from State, local, and private forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology. The advisory board shall develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA. The Director of the Federal Bureau of Investigation, after taking into consideration such recommended standards, shall issue (and revise from time to time) standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA. The standards described in paragraphs (1) and (2) shall specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories. The standards shall also include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Until such time as the advisory board has made recommendations to the Director of the Federal Bureau of Investigation and the Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director’s standards for purposes of this section. In addition to issuing standards as provided in paragraphs (1) through (4), the Director of the Federal Bureau of Investigation shall issue standards and procedures for the use of Rapid DNA instruments and resulting DNA analyses. In this Act, the term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample.

(b) Administration of advisory board For administrative purposes, the advisory board appointed under subsection (a) shall be considered an advisory board to the Director of the Federal Bureau of Investigation. Section 1013 of title 5 shall not apply with respect to the advisory board appointed under subsection (a). The DNA advisory board established under this section shall be separate and distinct from any other advisory board administered by the FBI, and is to be administered separately. The board shall cease to exist on the date 5 years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the Federal Bureau of Investigation.

(c) Proficiency testing program Not later than 1 year after the effective date of this Act, 1 the Director of the National Institute of Justice shall certify to the Committees on the Judiciary of the House and Senate that— the Institute has entered into a contract with, or made a grant to, an appropriate entity for establishing, or has taken other appropriate action to ensure that there is established, not later than 2 years after September 13, 1994 , a blind external proficiency testing program for DNA analyses, which shall be available to public and private laboratories performing forensic DNA analyses; a blind external proficiency testing program for DNA analyses is already readily available to public and private laboratories performing forensic DNA analyses; or it is not feasible to have blind external testing for DNA forensic analyses. As used in this subsection, the term “blind external proficiency test” means a test that is presented to a forensic laboratory through a second agency and appears to the analysts to involve routine evidence. Notwithstanding any other provision of law, the Attorney General shall make available to the Director of the National Institute of Justice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds available under part X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 [ 34 U.S.C. 10511 et seq.] to carry out this subsection.

§ 12592 Index to facilitate law enforcement exchange of DNA identification information

(a) Establishment of index The Director of the Federal Bureau of Investigation may establish an index of— DNA identification records of— persons convicted of crimes; persons who have been charged in an indictment or information with a crime; and other persons whose DNA samples are collected under applicable legal authorities, provided that DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index System; analyses of DNA samples recovered from crime scenes; analyses of DNA samples recovered from unidentified human remains; and analyses of DNA samples voluntarily contributed from relatives of missing persons.

(b) Information The index described in subsection (a) shall include only information on DNA identification records and DNA analyses that are— based on analyses performed by or on behalf of a criminal justice agency (or the Secretary of Defense in accordance with section 1565 of title 10 ) in accordance with publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 12591 of this title ; prepared by— laboratories that— have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; or criminal justice agencies using Rapid DNA instruments approved by the Director of the Federal Bureau of Investigation in compliance with the standards and procedures issued by the Director under section 12591(a)(5) of this title ; and maintained by Federal, State, and local criminal justice agencies (or the Secretary of Defense in accordance with section 1565 of title 10 ) pursuant to rules that allow disclosure of stored DNA samples and DNA analyses only— to criminal justice agencies for law enforcement identification purposes; in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules; for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.

(c) Failure to comply Access to the index established by this section is subject to cancellation if the quality control and privacy requirements described in subsection (b) are not met.

(d) Expungement of records The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index— on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 40702 and 40703 of this title, respectively), if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned; or on the basis of an arrest under the authority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period. For purposes of subparagraph (A), the term “qualifying offense” means any of the following offenses: A qualifying Federal offense, as determined under section 40702 of this title . A qualifying District of Columbia offense, as determined under section 40703 of this title . A qualifying military offense, as determined under section 1565 of title 10 . For purposes of subparagraph (A), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order. As a condition of access to the index described in subsection (a), a State shall promptly expunge from that index the DNA analysis of a person included in the index by that State if— the responsible agency or official of that State receives, for each conviction of the person of an offense on the basis of which that analysis was or could have been included in the index, a certified copy of a final court order establishing that such conviction has been overturned; or the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period. For purposes of subparagraph (A), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.

§ 12593 Federal Bureau of Investigation

(a) Proficiency testing requirements Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 12591 of this title . Within 1 year after September 13, 1994 , the Director of the Federal Bureau of Investigation shall arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the Federal Bureau of Investigation laboratory. In this paragraph, “blind external test” means a test that is presented to the laboratory through a second agency and appears to the analysts to involve routine evidence. For 5 years after September 13, 1994 , the Director of the Federal Bureau of Investigation shall submit to the Committees on the Judiciary of the House and Senate an annual report on the results of each of the tests described in paragraph (1).

(b) Privacy protection standards Except as provided in paragraph (2), the results of DNA tests performed for a Federal law enforcement agency for law enforcement purposes may be disclosed only— to criminal justice agencies for law enforcement identification purposes; in judicial proceedings, if otherwise admissible pursuant to applicable statues 1 or rules; and for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged. If personally identifiable information is removed, test results may be disclosed for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.

(c) Criminal penalty A person who— by virtue of employment or official position, has possession of, or access to, individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency; and knowingly discloses such information in any manner to any person or agency not authorized to receive it, shall be fined not more than $100, 000. A p erso n w h o, w i t h o u t a u t h or i z a t i o n, kn o w in g l yo b t ain sD N A s am pl esor in d i v i d u a ll y i d e n t i f iab l eD N A in f or ma t i o nin d e x e d ina d a t aba secre a t e d or main t ain e d b y an y F e d er a ll a w e n f orce m e n t a g e n cys ha ll b e f in e d n o t m ore t han$ 250,000, or imprisoned for a period of not more than one year, or both.

§ 12601 Cause of action

(a) Unlawful conduct It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

(b) Civil action by Attorney General Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) 1 has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.

§ 12602 Data on use of excessive force

(a) Attorney General to collect The Attorney General shall, through appropriate means, acquire data about the use of excessive force by law enforcement officers.

(b) Limitation on use of data Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer.

(c) Annual summary The Attorney General shall publish an annual summary of the data acquired under this section.

§ 12611 Motor vehicle theft prevention program

(a) In general Not later than 180 days after September 13, 1994 , the Attorney General shall develop, in cooperation with the States, a national voluntary motor vehicle theft prevention program (in this section referred to as the “program”) under which— the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner— states that the vehicle is not normally operated under certain specified conditions; and agrees to— display program decals or devices on the owner’s vehicle; and permit law enforcement officials in any State to stop the motor vehicle and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner, if the vehicle is being operated under the specified conditions; and participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under specified conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner.

(b) Uniform decal or device designs The motor vehicle theft prevention program developed pursuant to this section shall include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program. The uniform design shall— be highly visible; and explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully.

(c) Voluntary consent form The voluntary consent form used to enroll in the program shall— clearly state that participation in the program is voluntary; clearly explain that participation in the program means that, if the participating vehicle is being operated under the specified conditions, law enforcement officials may stop the vehicle and take reasonable steps to determine whether it is being operated by or with the consent of the owner, even if the law enforcement officials have no other basis for believing that the vehicle is being operated unlawfully; include an express statement that the vehicle is not normally operated under the specified conditions and that the operation of the vehicle under those conditions would provide sufficient grounds for a prudent law enforcement officer to reasonably believe that the vehicle was not being operated by or with the consent of the owner; and include any additional information that the Attorney General may reasonably require.

(d) Specified conditions under which stops may be authorized The Attorney General shall promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this section. These conditions may not be based on race, creed, color, national origin, gender, or age. These conditions may include— the operation of the vehicle during certain hours of the day; or the operation of the vehicle under other circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by the owner, or with the consent of the owner. The Attorney General may establish more than one set of conditions under which participating motor vehicles may be stopped. If more than one set of conditions is established, a separate consent form and a separate design for program decals or devices shall be established for each set of conditions. The Attorney General may choose to satisfy the requirement of a separate design for program decals or devices under this paragraph by the use of a design color that is clearly distinguishable from other design colors. After the program has begun, the conditions under which a vehicle may be stopped if affixed with a certain decal or device design may not be expanded without the consent of the owner. A State or locality need not authorize the stopping of motor vehicles under all sets of conditions specified under the program in order to participate in the program.

(e) Motor vehicles for hire Any person who is in the business of renting or leasing motor vehicles and who rents or leases a motor vehicle on which a program decal or device is affixed shall, prior to transferring possession of the vehicle, notify the person to whom the motor vehicle is rented or leased about the program. The notice required by this subsection shall— be in writing; be in a prominent format to be determined by the Attorney General; and explain the possibility that if the motor vehicle is operated under the specified conditions, the vehicle may be stopped by law enforcement officials even if the officials have no other basis for believing that the vehicle is being operated unlawfully. Failure to provide proper notice under this subsection shall be punishable by a fine not to exceed $5,000.

(f) Notification of police As a condition of participating in the program, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program, and with the conditions under which motor vehicles may be stopped under the program.

(g) Regulations The Attorney General shall promulgate regulations to implement this section.

(h) Authorization of appropriations There are authorized to carry out this section. 1 $1, 500, 000 f or f i sc a l ye a r 1996;$ 1,700,000 for fiscal year 1997; and $1,800,000 for fiscal year 1998.

§ 12621 Missing Americans Alert Program

(a) Grant program to reduce injury and death of missing Americans with dementia and developmental disabilities Subject to the availability of appropriations to carry out this section, the Attorney General, through the Bureau of Justice Assistance and in consultation with the Secretary of Health and Human Services— shall award competitive grants to health care agencies, State and local law enforcement agencies, or public safety agencies and nonprofit organizations to assist such entities in planning, designing, establishing, or operating locally based, proactive programs to prevent wandering and locate missing individuals with forms of dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism, who, due to their condition, wander from safe environments, including programs that— provide prevention and response information, including online training resources, and referrals to families or guardians of such individuals who, due to their condition, wander from a safe environment; provide education and training, including online training resources, to first responders, school personnel, clinicians, and the public in order to— increase the safety and reduce the incidence of wandering of persons, who, due to their dementia or developmental disabilities, may wander from safe environments; facilitate the rescue and recovery of individuals who, due to their dementia or developmental disabilities, wander from safe environments; and recognize and respond to and appropriately interact with endangered missing individuals with dementia or developmental disabilities who, due to their condition, wander from safe environments; provide prevention and response training and emergency protocols for school administrators, staff, and families or guardians of individuals with dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism, to help reduce the risk of wandering by such individuals; and develop, operate, or enhance a notification or communications systems for alerts, advisories, or dissemination of other information for the recovery of missing individuals with forms of dementia, such as Alzheimer’s Disease, or with developmental disabilities, such as autism; and shall award grants to health care agencies, State and local law enforcement agencies, or public safety agencies to assist such agencies in designing, establishing, and operating locative tracking technology programs for individuals with forms of dementia, such as Alzheimer’s Disease, or children with developmental disabilities, such as autism, who have wandered from safe environments.

(b) Application To be eligible to receive a competitive grant under subsection (a), an agency or organization shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including, at a minimum, an assurance that the agency or organization will obtain and use assistance from private nonprofit organizations to support the program. The Attorney General shall periodically solicit applications for grants under this section by publishing a request for applications in the Federal Register and by posting such a request on the website of the Department of Justice.

(c) Preference In awarding grants under subsection (a)(1), the Attorney General shall give preference to law enforcement or public safety agencies that partner with nonprofit organizations that appropriately use person-centered plans minimizing restrictive interventions and that have a direct link to individuals, and families of individuals, with forms of dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism.

(d) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2023 through 2027.

(e) Grant accountability All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions: In this paragraph, the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. Beginning in the first fiscal year beginning after March 23, 2018 , and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). In awarding grants under this section, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. If an entity is awarded grant funds under this section during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. For purposes of this paragraph and the grant programs under this section, the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. The Attorney General may not award a grant under this section to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 . Each nonprofit organization that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. No amounts made available to the Department of Justice under this section may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this section, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the head of the relevant agency or department, 1 provides prior written authorization that the funds may be expended to host the conference. Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. Beginning in the first fiscal year beginning after March 23, 2018 , the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification— indicating whether— all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; all mandatory exclusions required under paragraph (1)(C) have been issued; and all reimbursements required under paragraph (1)(E) have been made; and that includes a list of any grant recipients excluded under paragraph (1) from the previous year.

(f) Preventing duplicative grants Before the Attorney General awards a grant to an applicant under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. If the Attorney General awards grants to the same applicant for a similar purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— a list of all such grants awarded, including the total dollar amount of any such grants awarded; and the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose.

§ 12622 Annual report

Not later than 2 years after March 23, 2018 , and every year thereafter, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report on the Missing Americans Alert Program, as amended by subsection (a), which shall address— the number of individuals who benefitted from the Missing Americans Alert Program, including information such as the number of individuals with reduced unsafe wandering, the number of people who were trained through the program, and the estimated number of people who were impacted by the program; the number of State, local, and tribal law enforcement or public safety agencies that applied for funding under the Missing Americans Alert Program; the number of State, local, and tribal local law enforcement or public safety agencies that received funding under the Missing Americans Alert Program, including— the number of State, local, and tribal law enforcement or public safety agencies that used such funding for training; and the number of State, local, and tribal law enforcement or public safety agencies that used such funding for designing, establishing, or operating locative tracking technology; the companies, including the location (city and State) of the headquarters and local offices of each company, for which their locative tracking technology was used by State, local, and tribal law enforcement or public safety agencies; the nonprofit organizations, including the location (city and State) of the headquarters and local offices of each organization, that State, local, and tribal law enforcement or public safety agencies partnered with and the result of each partnership; the number of missing children with autism or another developmental disability with wandering tendencies or adults with Alzheimer’s being served by the program who went missing and the result of the search for each such individual; and any recommendations for improving the Missing Americans Alert Program. ( Pub. L. 115–141, div. Q, title I, § 102(b) , Mar. 23, 2018 , 132 Stat. 1119 .)

§ 12623 Standards and best practices for use of non-invasive and non-permanent tracking devices

(a) Establishment Not later than 180 days after March 23, 2018 , the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of non-invasive and non-permanent tracking technology, where a guardian or parent has determined that a non-invasive and non-permanent tracking device is the least restrictive alternative, to locate individuals as described in subsection (a)(2) of section 12621 of this title , as added by this Act. In establishing the standards and best practices required under paragraph (1), the Attorney General shall— determine— the criteria used to determine which individuals would benefit from the use of a tracking device; the criteria used to determine who should have direct access to the tracking system; and which non-invasive and non-permanent types of tracking devices can be used in compliance with the standards and best practices; and establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures to— safeguard the privacy of the data used by the tracking device such that— access to the data is restricted to law enforcement and health agencies determined necessary by the Attorney General; and collection, use, and retention of the data is solely for the purpose of preventing injury to or death of the individual wearing the tracking device; establish criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death before issuing the tracking device, including the previous consideration of less restrictive alternatives; provide training for law enforcement agencies to recognize signs of abuse during interactions with applicants for tracking devices; protect the civil rights and liberties of the individuals who use tracking devices, including their rights under the Fourth Amendment to the Constitution of the United States and title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); establish a complaint and investigation process to address— incidents of noncompliance by recipients of grants under subsection (a)(2) of section 12621 of this title , as added by this Act, with the best practices established by the Attorney General or other applicable law; and use of a tracking device over the objection of an individual; and determine the role that State agencies should have in the administration of a tracking system. The standards and best practices established pursuant to paragraph (1) shall take effect 90 days after publication of such standards and practices by the Attorney General.

(b) Required compliance Each entity that receives a grant under subsection (a)(2) of section 12621 of this title , as added by this Act, shall comply with any standards and best practices relating to the use of tracking devices established by the Attorney General in accordance with subsection (a). The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether an entity that receives a grant under subsection (a)(2) of section 12621 of this title , as added by this Act, acts in compliance with the standards and best practices described in paragraph (1).

(c) Applicability of standards and best practices The standards and best practices established by the Attorney General under subsection (a) shall apply only to the grant programs authorized under subsection (a)(2) of section 12621 of this title , as added by this Act.

(d) Limitations on program Any tracking data provided by tracking devices issued under this program may not be used by a Federal entity to create a database. Nothing in this Act may be construed to require that a parent or guardian use a tracking device to monitor the location of a child or adult under that parent or guardian’s supervision if the parent or guardian does not believe that the use of such device is necessary or in the interest of the child or adult under supervision.

§ 12631 Creation of Violent Crime Reduction Trust Fund

(a) Violent Crime Reduction Trust Fund There is established a separate account in the Treasury, known as the “Violent Crime Reduction Trust Fund” (referred to in this section as the “Fund”) into which shall be transferred, in accordance with subsection (b), savings realized from implementation of section 5 of the Federal Workforce Restructuring Act of 1994 ( 5 U.S.C. 3101 note; Public Law 103–226 ).

(b) Transfers into Fund On the first day of the following fiscal years (or as soon thereafter as possible for fiscal year 1995), the following amounts shall be transferred from the general fund to the Fund— for fiscal year 1995, $2, 423, 000, 000; f or f i sc a l ye a r 1996,$ 4,287,000,000; for fiscal year 1997, $5, 000, 000, 000; f or f i sc a l ye a r 1998,$ 5,500,000,000; for fiscal year 1999, $6, 500, 000, 000; an df or f i sc a l ye a r 2000,$ 6,500,000,000.

(c) Appropriations from Fund Amounts in the Fund may be appropriated exclusively for the purposes authorized in this Act and for those expenses authorized by any Act enacted before this Act that are expressly qualified for expenditure from the Fund. Amounts appropriated under paragraph (1) and outlays flowing from such appropriations shall not be taken into account for purposes of any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 except section 251A 1 of that Act as added by subsection (g), or for purposes of section 665d(b) 1 of title 2. Amounts of new budget authority and outlays under paragraph (1) that are included in concurrent resolutions on the budget shall not be taken into account for purposes of sections 665(b), 665e(b), and 665e(c) of title 2, 1 or for purposes of section 24 of House Concurrent Resolution 218 (One Hundred Third Congress).

§ 12632 Extension of authorizations of appropriations for fiscal years for which full amount authorized is not appropriated

If, in making an appropriation under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a certain purpose for a certain fiscal year in a certain amount, the Congress makes an appropriation for that purpose for that fiscal year in a lesser amount, that provision or amendment shall be considered to authorize the making of appropriations for that purpose for later fiscal years in an amount equal to the difference between the amount authorized to be appropriated and the amount that has been appropriated. ( Pub. L. 103–322, title XXXI, § 310003 , Sept. 13, 1994 , 108 Stat. 2105 .)

§ 12633 Flexibility in making of appropriations

(a) Federal law enforcement In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a Federal law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other Federal law enforcement program for which appropriations are authorized by any other Federal law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular Federal law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.

(b) State and local law enforcement In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a State and local law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other State and local law enforcement program for which appropriations are authorized by any other State and local law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular State and local law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.

(c) Prevention In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a prevention program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other prevention program for which appropriations are authorized by any other prevention provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular prevention program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.

(d) Definitions In this section—“Federal law enforcement program” means a program authorized in any of the following sections: section 190001(a); 1 section 190001(b); 1 section 190001(c); 1 section 190001(d); 1 section 190001(e); 1 section 320925; 2 section 12532 of this title ; section 12611 of this title ; section 130002; 1 section 130005; 1 section 130006; 1 section 130007; 1 section 250005; 1 sections 12591–12593 of this title and section 14134 of title 42 ; section 14083 of title 42 ; and section 14199 of title 42 . “State and local law enforcement program” means a program authorized in any of the following sections: sections 10001–10003; 1 section 210201; 1 section 210603; 1 section 180101; 1 section 12542 of this title ; sections 12221–12227 of this title and section 13867 of title 42 ; section 14161 1 of title 42; sections 12171 of this title and section 13812 of title 42 ; section 210302; 1 section 14151 1 of title 42; section 210101; section 320930; 3 sections 12101–12109 of this title; section 20301; 1 section 12271 of this title ; and section 20201. 1 “prevention program” means a program authorized in any of the following sections: section 50001; 1 sections 12131–12133 of this title and section 13744 of title 42 ; sections 13751–13758 1 of title 42; sections 12141–12146 of this title and section 13777 of title 42 ; sections 12161 of this title and sections 13792 1 and 13793 of title 42; sections 13801–13802 1 of title 42; chapter 67 of title 31; section 31101, 1 sections 12181–12212 of this title, and section 13852 of title 42 ; sections 31501–31505; 1 section 31901, 1 sections 12241–12262 of this title, and section 13883 of title 42 ; section 32001; 1 section 32101; 1 section 12281 of this title ; section 40114; 1 section 40121; 1 section 300w–10 1 of title 42; section 12311 of this title ; section 5712d 1 of title 42; section 40156; 1 section 10413 of title 42 (relating to a hotline); section 40231; 1 sections 10401 through 10412 of title 42; section 10417 1 of title 42; section 10414 of title 42 (relating to community projects to prevent family violence, domestic violence, and dating violence); section 12332 of this title ; section 12333 of this title ; section 12341 of this title ; sections 12371–12373 of this title and section 13994 of title 42 ; section 12381 of this title and section 14002 of title 42 ; section 14012 of title 42 ; section 40601 1 and sections 12401–12410 of this title; and section 12621 1 of this title.

§ 12641 Task force relating to introduction of nonindigenous species

The Attorney General is authorized to convene a law enforcement task force in Hawaii to facilitate the prosecution of violations of Federal laws, and laws of the State of Hawaii, relating to the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species. The task force shall be composed of representatives of— the Office of the United States Attorney for the District of Hawaii; the United States Customs Service; the Animal and Plant Health Inspection Service; the Fish and Wildlife Service; the National Park Service; the United States Forest Service; the Military Customs Inspection Office of the Department of Defense; the United States Postal Service; the office of the Attorney General of the State of Hawaii; the Hawaii Department of Agriculture; the Hawaii Department of Land and Natural Resources; and such other individuals as the Attorney General deems appropriate. The Attorney General shall, to the extent practicable, select individuals to serve on the task force who have experience with the enforcement of laws relating to the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species. The task force shall— facilitate the prosecution of violations of Federal and State laws relating to the conveyance, sale, or introduction of nonindigenous plant and animal species into Hawaii; and make recommendations on ways to strengthen Federal and State laws and law enforcement strategies designed to prevent the introduction of nonindigenous plant and animal species. The task force shall report to the Attorney General, the Secretary of Agriculture, the Secretary of the Interior, and to the Committee on the Judiciary and Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on the Judiciary, Committee on Agriculture, and Committee on Merchant Marine and Fisheries of the House of Representatives on— the progress of its enforcement efforts; and the adequacy of existing Federal laws and laws of the State of Hawaii that relate to the introduction of nonindigenous plant and animal species. Thereafter, the task force shall make such reports as the task force deems appropriate. The task force shall consult with Hawaii agricultural interests and representatives of Hawaii conservation organizations about methods of preventing the wrongful conveyance, sale, or introduction of nonindigenous plant and animal species into Hawaii. ( Pub. L. 103–322, title XXXII, § 320108(a) , Sept. 13, 1994 , 108 Stat. 2111 .)

§ 12642 Coordination of substance abuse treatment and prevention programs

The Attorney General shall consult with the Secretary of the Department of Health and Human Services in establishing and carrying out the substance abuse treatment and prevention components of the programs authorized under this Act, to assure coordination of programs, eliminate duplication of efforts and enhance the effectiveness of such services. ( Pub. L. 103–322, title XXXII, § 320401 , Sept. 13, 1994 , 108 Stat. 2114 .)

§ 12643 Edward Byrne Memorial Formula Grant Program

Nothing in this Act shall be construed to prohibit or exclude the expenditure of appropriations to grant recipients that would have been or are eligible to receive grants under subpart 1 of part E of the Omnibus Crime Control and Safe Streets Act of 1968 [ 34 U.S.C. 10151 et seq.]. ( Pub. L. 103–322, title XXXII, § 320919 , Sept. 13, 1994 , 108 Stat. 2130 .)

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CHAPTER 121 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

CHAPTER 121 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

Sections (148)

§ 12101 Definitions

§ 12102 Authorization of grants

§ 12103 Violent offender incarceration grants

§ 12104 Truth-in-sentencing incentive grants

§ 12105 Special rules

§ 12106 Formula for grants

§ 12107 Accountability

§ 12108 Authorization of appropriations

§ 12109 Payments for incarceration on tribal lands

§ 12110 Payments to eligible States for incarceration of criminal aliens

§ 12111 Support of Federal prisoners in non-Federal institutions

§ 12112 Report by Attorney General

§ 12113 Aimee’s Law

§ 12121 Task force on prison construction standardization and techniques

§ 12122 Efficiency in law enforcement and corrections

§ 12123 Conversion of closed military installations into Federal prison facilities

§ 12124 Correctional job training and placement

§ 12131 Ounce of Prevention Council

§ 12132 Ounce of prevention grant program

§ 12133 “Indian tribe” defined

§ 12141 Grant authorization

§ 12142 Uses of funds

§ 12143 Program requirements

§ 12144 Applications

§ 12145 Reports

§ 12146 Definitions

§ 12161 Community schools youth services and supervision grant program

§ 12171 Grant authority

§ 12181 Purpose

§ 12182 Provision of assistance

§ 12183 Approval of applications

§ 12184 Availability of lines of credit and use

§ 12185 Limitations on use of funds

§ 12186 Program priority for special emphasis programs

§ 12201 Community development corporation improvement grants

§ 12202 Emerging community development corporation revolving loan funds

§ 12211 Definitions

§ 12212 Prohibition

§ 12221 Grant authorization

§ 12222 Use of funds

§ 12223 Applications

§ 12224 Allocation of funds; limitations on grants

§ 12225 Award of grants

§ 12226 Reports

§ 12227 Definitions

§ 12241 Purpose

§ 12242 Definitions

§ 12251 Authority to make grants

§ 12252 Eligibility to receive grants

§ 12253 Report

§ 12261 Authority of Attorney General

§ 12262 Requirements

§ 12271 Prevention, diagnosis, and treatment of tuberculosis in correctional institutions

§ 12281 Gang Resistance Education and Training projects

§ 12291 Definitions and grant provisions

§ 12301 Grants for capital improvements to prevent crime in public transportation

§ 12311 Training programs

§ 12312 Confidentiality of communications between sexual assault or domestic violence victims and their counselors

§ 12313 Information programs

§ 12321 Confidentiality of abused person’s address

§ 12331 Research agenda

§ 12332 State databases

§ 12333 Number and cost of injuries

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

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

§ 12361 Civil rights

§ 12371 Grants authorized

§ 12372 Training provided by grants

§ 12373 Cooperation in developing programs in making grants under this part

§ 12381 Authorization of circuit studies; education and training grants

§ 12391 Payment of cost of testing for sexually transmitted diseases

§ 12392 Enforcement of statutory rape laws

§ 12401 Grant program

§ 12402 Authorization of appropriations

§ 12403 Application requirements

§ 12101 Definitions

§ 12102 Authorization of grants

§ 12103 Violent offender incarceration grants

§ 12104 Truth-in-sentencing incentive grants

§ 12105 Special rules

§ 12106 Formula for grants

§ 12107 Accountability

§ 12108 Authorization of appropriations

§ 12109 Payments for incarceration on tribal lands

§ 12110 Payments to eligible States for incarceration of criminal aliens

§ 12111 Support of Federal prisoners in non-Federal institutions

§ 12112 Report by Attorney General

§ 12113 Aimee’s Law

§ 12121 Task force on prison construction standardization and techniques

§ 12122 Efficiency in law enforcement and corrections

§ 12123 Conversion of closed military installations into Federal prison facilities

§ 12124 Correctional job training and placement

§ 12131 Ounce of Prevention Council

§ 12132 Ounce of prevention grant program

§ 12133 “Indian tribe” defined

§ 12141 Grant authorization

§ 12142 Uses of funds

§ 12143 Program requirements

§ 12144 Applications

§ 12145 Reports

§ 12146 Definitions

§ 12161 Community schools youth services and supervision grant program

§ 12171 Grant authority

§ 12181 Purpose

§ 12182 Provision of assistance

§ 12183 Approval of applications

§ 12184 Availability of lines of credit and use

§ 12185 Limitations on use of funds

§ 12186 Program priority for special emphasis programs

§ 12201 Community development corporation improvement grants

§ 12202 Emerging community development corporation revolving loan funds

§ 12211 Definitions

§ 12212 Prohibition

§ 12221 Grant authorization

§ 12222 Use of funds

§ 12223 Applications

§ 12224 Allocation of funds; limitations on grants

§ 12225 Award of grants

§ 12226 Reports

§ 12227 Definitions

§ 12241 Purpose

§ 12242 Definitions

§ 12251 Authority to make grants

§ 12252 Eligibility to receive grants

§ 12253 Report

§ 12261 Authority of Attorney General

§ 12262 Requirements

§ 12271 Prevention, diagnosis, and treatment of tuberculosis in correctional institutions

§ 12281 Gang Resistance Education and Training projects

§ 12291 Definitions and grant provisions

§ 12301 Grants for capital improvements to prevent crime in public transportation

§ 12311 Training programs

§ 12312 Confidentiality of communications between sexual assault or domestic violence victims and their counselors

§ 12313 Information programs

§ 12321 Confidentiality of abused person’s address

§ 12331 Research agenda

§ 12332 State databases

§ 12333 Number and cost of injuries

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

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

§ 12361 Civil rights

§ 12371 Grants authorized

§ 12372 Training provided by grants

§ 12373 Cooperation in developing programs in making grants under this part

§ 12381 Authorization of circuit studies; education and training grants

§ 12391 Payment of cost of testing for sexually transmitted diseases

§ 12392 Enforcement of statutory rape laws

§ 12401 Grant program

§ 12402 Authorization of appropriations

§ 12403 Application requirements

§ 12404 Disbursement

§ 12405 Technical assistance, training, and evaluations

§ 12406 Training programs for judges

§ 12407 Recommendations on intrastate communication

§ 12408 Inclusion in National Incident-Based Reporting System