34 U.S.C. § 12513 — Demonstration program on trauma-in-

Page 392 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12512 see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under sec- tion 2261 of Title 18, Crimes and Criminal Procedure. § 12512. Working Group (a) In general The Attorney General, in consultation with the Secretary of Health and Human Services (re- ferred 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 prac- tices regarding the care and treatment of sexual assault survivors and the preservation of foren- sic evidence. (b) Consultation with stakeholders The Working Group shall consult with— (1) stakeholders in law enforcement, pros- ecution, forensic laboratory, counseling, fo- rensic examiner, medical facility, and medical provider communities; and (2) representatives of not less than 3 entities with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or rep- resentation 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 gov- ernmental or nongovernmental agency heads at the discretion of the Attorney General, in con- sultation with the Secretary. (d) Duties The Working Group shall— (1) develop recommendations for improving the coordination of the dissemination and im- plementation of best practices and protocols regarding the care and treatment of sexual as- sault survivors and the preservation of evi- dence to hospital administrators, physicians, forensic examiners, and other medical associa- tions and leaders in the medical community; (2) encourage, where appropriate, the adop- tion 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 med- ical associations and leaders in the medical community; (3) develop recommendations to promote the coordination of the dissemination and imple- mentation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to State attor- neys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; (4) develop and implement, where prac- ticable, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault sur- vivors and the preservation of evidence among State attorneys general, United States attor- neys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement com- munity; (5) collect feedback from stakeholders, prac- titioners, and leadership throughout the Fed- eral and State law enforcement, victim serv- ices, forensic science practitioner, and health care communities to inform development of future best practices or clinical guidelines re- garding the care and treatment of sexual as- sault survivors; and (6) perform other activities, such as activi- ties relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sex- ual 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 ac- tions of the Working Group. (Pub. L. 114–236, § 4, Oct. 7, 2016, 130 Stat. 968.) Editorial Notes CODIFICATION Section was formerly classified to section 14043g–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section was enacted as part of the Survivors’ Bill of Rights Act of 2016, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which en- acted this chapter. PART O—TRAUMA-INFORMED, VICTIM-CENTERED TRAINING FOR LAW ENFORCEMENT § 12513. Demonstration program on trauma-in- formed, victim-centered training for law en- forcement (a) Definitions In this section— (1) the term ‘‘Attorney General’’ means the Attorney General, acting through the Director of the Office on Violence Against Women; (2) the term ‘‘covered individual’’ means an individual who interfaces with victims of do- mestic violence, dating violence, sexual as- sault, and stalking, including— (A) an individual working for or on behalf of an eligible entity; (B) an administrator or personnel of a school, university, or other educational pro- gram or activity (including a campus police officer or a school resource officer); and (C) an emergency services or medical em- ployee; (3) the term ‘‘demonstration site’’, with re- spect to an eligible entity that receives a grant under this section, means the area over which the eligible entity has jurisdiction; (4) the term ‘‘eligible entity’’ means a State, local, territorial, or Tribal law enforcement agency; and (5) the term ‘‘mandatory partner’’ means a national, regional, or local victim services or- Page 393 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12513 ganization or agency working in collaboration with a law enforcement agency described in paragraph (4). (b) Grants authorized (1) In general The Attorney General shall award grants on a competitive basis to eligible entities to col- laborate with their mandatory partners to carry out the demonstration program under this section by implementing evidence-based or promising investigative policies and prac- tices to incorporate trauma-informed, victim- centered techniques designed to— (A) prevent re-traumatization of the vic- tim; (B) ensure that covered individuals use evidence-based practices to respond to and investigate cases of domestic violence, dat- ing violence, sexual assault, and stalking; (C) improve communication between vic- tims and law enforcement officers in an ef- fort to increase the likelihood of the suc- cessful investigation and prosecution of the reported crime in a manner that protects the victim to the greatest extent possible; (D) increase collaboration among stake- holders who are part of the coordinated com- munity response to domestic violence, dat- ing violence, sexual assault, and stalking; and (E) evaluate the effectiveness of the train- ing process and content. (2) Award basis The Attorney General shall award grants under this section to multiple eligible entities for use in a variety of settings and commu- nities, including— (A) urban, suburban, Tribal, remote, and rural areas; (B) college campuses; or (C) traditionally underserved commu- nities. (c) Use of funds An eligible entity that receives a grant under this section shall use the grant to— (1) train covered individuals within the dem- onstration 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— (A) conducting victim interviews in a man- ner that— (i) elicits valuable information about the domestic violence, dating violence, sexual assault, or stalking; and (ii) avoids re-traumatization of the vic- tim; (B) conducting field investigations that mirror best and promising practices avail- able at the time of the investigation; (C) customizing investigative approaches to ensure a culturally and linguistically ap- propriate approach to the community being served; (D) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual assault, or stalking— (i) facilitated by alcohol or drugs; (ii) involving strangulation; (iii) committed by a non-stranger; (iv) committed by an individual of the same sex as the victim; (v) involving a victim with a disability; (vi) involving a male victim; or (vii) involving a lesbian, gay, bisexual, or transgender (commonly referred to as ‘‘LGBT’’) victim; (E) developing collaborative relationships between— (i) law enforcement officers and other members of the response team; and (ii) the community being served; and (F) developing an understanding of how to define, identify, and correctly classify a re- port of domestic violence, dating violence, sexual assault, or stalking; and (2) 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 commu- nication 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 dem- onstration 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 (1) Identification of existing trainings (A) In general The Attorney General shall identify trainings for law enforcement officers, in ex- istence as of the date on which the Attorney General begins to solicit applications for grants under this section, that— (i) employ a trauma-informed, victim- centered approach to domestic violence, dating violence, sexual assault, and stalk- ing; and (ii) focus on the fundamentals of— (I) trauma responses; (II) the impact of trauma on victims of domestic violence, dating violence, sex- ual assault, and stalking; and (III) techniques for effectively inves- tigating domestic violence, dating vio- lence, sexual assault, and stalking. (B) Selection An eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training iden- tified under subparagraph (A) to test within the demonstration site of the eligible entity. (2) Consultation 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 trau- Page 394 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12514 ma-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— (1) design a system for generating and col- lecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds; (2) periodically conduct an evaluation de- scribed in paragraph (1); and (3) periodically make publicly available, dur- ing the grant period— (A) preliminary results of the evaluations conducted under paragraph (2); and (B) 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 indi- vidual. (Pub. L. 103–322, title IV, § 41701, as added Pub. L. 117–103, div. W, title II, § 205(b), Mar. 15, 2022, 136 Stat. 859.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. SHORT TITLE For short title of section 205 of Pub. L. 117–103, which enacted this part, as the ‘‘Abby Honold Act’’, see sec- tion 205(a) of Pub. L. 117–103, set out as a Short Title of 2022 Amendment note under section 10101 of this title. PART P—RESTORATIVE PRACTICES § 12514. Pilot program on restorative practices (a) Definitions In this section: (1) Director The term ‘‘Director’’ means the Director of the Office on Violence Against Women. (2) Eligible entity The term ‘‘eligible entity’’ means— (A) a State; (B) a unit of local government; (C) a tribal government; (D) a tribal organization; (E) a victim service provider; (F) an institution of higher education (as defined in section 1001(a) of title 20; and (G) a private or public nonprofit organiza- tion, including— (i) a tribal nonprofit organization; and (ii) a faith-based nonprofit organization. (3) Restorative practice The term ‘‘restorative practice’’ means a practice relating to a specific harm that— (A) is community-based and unaffiliated with any civil or criminal legal process; (B) is initiated by a victim of the harm; (C) involves, on a voluntary basis and without any evidence of coercion or intimi- dation of any victim of the harm by any in- dividual who committed the harm or anyone associated with any such individual— (i) 1 or more individuals who committed the harm; (ii) 1 or more victims of the harm; and (iii) the community affected by the harm through 1 or more representatives of the community; (D) shall include and has the goal of— (i) collectively seeking accountability from 1 or more individuals who committed the harm; (ii) developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the ac- tions that caused harm to 1 or more vic- tims of the harm; and (iii) developing a written course of ac- tion plan— (I) that is responsive to the needs of 1 or more victims of the harm; and (II) upon which 1 or more victims, 1 or more individuals who committed the harm, and the community can agree; and (E) is conducted in a victim services framework that protects the safety and sup- ports the autonomy of 1 or more victims of the harm and the community. (b) Grants authorized The Director shall award grants to eligible en- tities to develop and implement a program, or to assess best practices, for— (1) restorative practices to prevent or ad- dress domestic violence, dating violence, sex- ual assault, or stalking; (2) training by eligible entities, or for eligi- ble entities, courts, or prosecutors, on restora- tive practices and program implementation; and (3) evaluations of a restorative practice de- scribed 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 experi- ence in working with victims of domestic vio- lence, dating violence, sexual assault, or stalk- ing. (e) Program requirements (1) In general An eligible entity or a subgrantee of an eli- gible entity that offers a restorative practices