34 U.S.C. § 20110 — Administrative provisions

Page 434 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20108 Editorial Notes CODIFICATION Section was formerly classified to section 10603d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20108. Crime victims notification grants (a) In general The Director may make grants as provided in section 20103(c)(1)(A) of this title to State, trib- al, and local prosecutors’ offices, law enforce- ment agencies, courts, jails, and correctional in- stitutions, and to qualified public or private en- tities, to develop and implement state-of-the-art systems for notifying victims of crime of impor- tant dates and developments relating to the criminal proceedings at issue in a timely and ef- ficient manner, provided that the jurisdiction has laws substantially equivalent to the provi- sions of chapter 237 of title 18. (b) Integration of systems Systems developed and implemented under this section may be integrated with existing case management systems operated by the re- cipient of the grant. (c) Authorization of appropriations In addition to funds made available under sec- tion 20101(d) of this title, there are authorized to be appropriated to carry out this section— (1) $5,000,000 for fiscal year 2005; and (2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. (d) False Claims Act Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31 (commonly known as the ‘‘False Claims Act’’) may be used for grants under this section, subject to appropriation. (Pub. L. 98–473, title II, § 1404E, as added Pub. L. 108–405, title I, § 103(c), Oct. 30, 2004, 118 Stat. 2265.) Editorial Notes CODIFICATION Section was formerly classified to section 10603e of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20109. Sexual assault survivors’ notification grants (a) In general The Attorney General may make grants as provided in section 20103(c)(1)(A) of this title to States to develop and disseminate to entities de- scribed in subsection (c)(1) of this section writ- ten notice of applicable rights and policies for sexual assault survivors. (b) Notification of rights Each recipient of a grant awarded under sub- section (a) shall make its best effort to ensure that each entity described in subsection (c)(1) provides individuals who identify as a survivor of a sexual assault, and who consent to receiving such information, with written notice of appli- cable rights and policies regarding— (1) the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit; (2) the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement; (3) the availability of a sexual assault advo- cate; (4) the availability of protective orders and policies related to their enforcement; (5) policies regarding the storage, preserva- tion, and disposal of sexual assault evidence collection kits; (6) the process, if any, to request preserva- tion of sexual assault evidence collection kits or the probative evidence from such kits; and (7) the availability of victim compensation and restitution. (c) Dissemination of written notice Each recipient of a grant awarded under sub- section (a) shall— (1) provide the written notice described in subsection (b) to medical centers, hospitals, forensic examiners, sexual assault service pro- viders, State and local law enforcement agen- cies, and any other State agency or depart- ment reasonably likely to serve sexual assault survivors; and (2) make the written notice described in sub- section (b) publicly available on the Internet website of the attorney general of the State. (d) Provision to promote compliance The Attorney General may provide such tech- nical assistance and guidance as necessary to help recipients meet the requirements of this section. (e) Integration of systems Any system developed and implemented under this section may be integrated with an existing case management system operated by the recipi- ent of the grant if the system meets the require- ments listed in this section. (Pub. L. 98–473, title II, § 1404F, as added Pub. L. 114–236, § 3, Oct. 7, 2016, 130 Stat. 967.) Editorial Notes CODIFICATION Section was formerly classified to section 10603f of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20110. Administrative provisions (a) Authority of Director to establish rules and regulations The Director may establish such rules, regula- tions, guidelines, and procedures as are nec- essary to carry out any function of the Director under this subchapter. (b) Recordkeeping Each recipient of sums under this subchapter shall keep such records as the Director shall prescribe, including records that fully disclose the amount and disposition by such recipient of such sums, the total cost of the undertaking for which such sums are used, and that portion of the cost of the undertaking supplied by other Page 435 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20110 sources, and such other records as will facilitate an effective audit. (c) Access of Director to books and records for purpose of audit and examination The Director shall have access, for purpose of audit and examination, to any books, docu- ments, papers, and records of the recipient of sums under this subchapter that, in the opinion of the Director, may be related to the expendi- ture of funds received under this subchapter. (d) Revealing research or statistical information; prohibition; immunity from legal pro- ceedings; permission; admission of informa- tion as evidence Except as otherwise provided by Federal law, no officer or employee of the Federal Govern- ment, and no recipient of sums under this sub- chapter, shall use or reveal any research or sta- tistical information furnished under this sub- chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with this sub- chapter. Such information, and any copy of such information, shall be immune from legal process and shall not, without the consent of the person furnishing such information, be admitted as evi- dence or used for any purpose in any action, suit, or other judicial, legislative, or adminis- trative proceeding. (e) Discrimination prohibited No person shall on the ground of race, color, religion, national origin, handicap, or sex be ex- cluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any under- taking funded in whole or in part with sums made available under this subchapter. (f) Failure to comply with provisions; notice and hearing; power of Director If, after reasonable notice and opportunity for a hearing on the record, the Director finds that a State has failed to comply substantially with any provision of this subchapter or a rule, regu- lation, guideline, or procedure issued under this subchapter, or an application submitted in ac- cordance with this subchapter or the provisions of any other applicable law, the Director shall— (1) terminate payments to such State; (2) suspend payments to such State until the Director is satisfied that such noncompliance has ended; or (3) take such other action as the Director deems appropriate. (g) Report The Director shall, on December 31, 1990, and on June 30 every two years thereafter, report to the President and to the Congress on the rev- enue derived from each source described in sec- tion 20101 of this title and on the effectiveness of the activities supported under this subchapter. The Director may include in such report rec- ommendations for legislation to improve this subchapter. (h) Maintenance of effort Each entity receiving sums made available under this subchapter for administrative pur- poses shall certify that such sums will not be used to supplant State or local funds, but will be used to increase the amount of such funds that would, in the absence of Federal funds, be made available for these purposes. (Pub. L. 98–473, title II, § 1407, Oct. 12, 1984, 98 Stat. 2176; Pub. L. 99–646, § 48, Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100–690, title VII, § 7123(b)(10)–(14), Nov. 18, 1988, 102 Stat. 4421, 4422; Pub. L. 103–322, title XXIII, §§ 230206, 230207, Sept. 13, 1994, 108 Stat. 2080; Pub. L. 104–294, title VI, § 604(b)(9), Oct. 11, 1996, 110 Stat. 3507.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (h), was in the original ‘‘this Act’’, and was translated as reading ‘‘this chapter’’, meaning chapter XIV of title II of Pub. L. 98–473, to reflect the probable intent of Congress, and subsequently was translated as ‘‘this subchapter’’ after chapter 112 of Title 42, The Public Health and Welfare, was editorially reclassified as this subchapter. CODIFICATION Section was formerly classified to section 10604 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 1996—Subsec. (g). Pub. L. 104–294 amended directory language of Pub. L. 103–322, § 230207. See 1994 Amend- ment note below. 1994—Subsec. (g). Pub. L. 103–322, § 230207, as amended by Pub. L. 104–294, substituted ‘‘and on June 30 every two years thereafter’’ for ‘‘and on December 31 every 2 years thereafter’’. Subsec. (h). Pub. L. 103–322, § 230206, added subsec. (h). 1988—Subsec. (a). Pub. L. 100–690, § 7123(b)(10), sub- stituted ‘‘Director’’ for ‘‘Attorney General’’ in two places and ‘‘under this chapter’’ for ‘‘under this chapter and may delegate to any officer or employee of the De- partment of Justice any such function as the Attorney General deems appropriate’’. Subsec. (b). Pub. L. 100–690, § 7123(b)(11), substituted ‘‘Director’’ for ‘‘Attorney General’’. Subsec. (c). Pub. L. 100–690, § 7123(b)(12), which di- rected substitution of ‘‘Director’’ for ‘‘Attorney Gen- eral or any duly authorized representative of the Attor- ney General’’, was executed by making substitution in two places. Subsec. (f). Pub. L. 100–690, § 7123(b)(13), substituted ‘‘Director’’ for ‘‘Attorney General’’ two places in intro- ductory provisions and in pars. (2) and (3). Subsec. (g). Pub. L. 100–690, § 7123(b)(14), substituted ‘‘Director’’ for ‘‘Attorney General’’ in two places and ‘‘on December 31, 1990, and on December 31 every 2 years thereafter’’ for ‘‘no later than December 31, 1987’’. 1986—Subsecs. (g), (h). Pub. L. 99–646 redesignated subsec. (h) as (g) and substituted ‘‘1402’’, which was translated as ‘‘section 10601 of this title’’ for ‘‘1302’’, which had been editorially translated as ‘‘section 10601 of this title’’, thereby requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Proce- dure. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 not applicable with re- spect to a State compensation program that was an eli- Page 436 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20111 1 See References in Text note below. gible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as a note under section 20101 of this title. § 20111. Establishment of Office for Victims of Crime (a) Office established within Department of Jus- tice There is established within the Department of Justice an Office for Victims of Crime (herein- after in this subchapter referred to as the ‘‘Of- fice’’). (b) Appointment of Director; authority; restric- tions The Office shall be headed by a Director (re- ferred to in this subchapter as the ‘‘Director’’), who shall be appointed by the President. The Di- rector shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agree- ments, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this sub- chapter.1 (c) Duties of Director The Director shall have the following duties: (1) Administering funds made available by section 20101 of this title. (2) Providing funds to eligible States pursu- ant to sections 20102 and 20103 of this title. (3) Establishing programs in accordance with section 20103(c) of this title on terms and conditions determined by the Director to be consistent with that subsection. (4) Cooperating with and providing technical assistance to States, units of local govern- ment, and other public and private organiza- tions or international agencies involved in ac- tivities related to crime victims. (5) Such other functions as the Attorney General may delegate. (Pub. L. 98–473, title II, § 1411, as added Pub. L. 100–690, title VII, § 7123(a), Nov. 18, 1988, 102 Stat. 4420; amended Pub. L. 112–166, § 2(h)(5), Aug. 10, 2012, 126 Stat. 1285.) Editorial Notes REFERENCES IN TEXT This subchapter, the last place it appears in subsec. (b), was in the original ‘‘this part’’, which has been translated as reading in the original ‘‘this chapter’’ meaning chapter XIV of title II of Pub. L. 98–473 to re- flect the probable intent of Congress because chapter XIV of title II of Pub. L. 98–473, which comprises this subchapter, does not contain parts. CODIFICATION Section was formerly classified to section 10605 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before pe- riod at end of first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. EFFECTIVE DATE Section not applicable with respect to a State com- pensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as an Effective Date of 1988 Amend- ment note under section 20101 of this title. SUBCHAPTER II—VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING § 20121. Legal assistance for victims (a) In general The purpose of this section is to enable the At- torney General to award grants to increase the availability of civil and criminal legal assist- ance necessary to provide effective aid to adult and youth victims of domestic violence, dating violence, stalking, or sexual assault who are seeking relief in legal matters relating to or arising out of that abuse or violence, at minimal or no cost to the victims. When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided. Crimi- nal legal assistance provided for under this sec- tion shall be limited to criminal matters relat- ing to or arising out of domestic violence, sexual assault, dating violence, and stalking. (b) Definitions and grant conditions In this section, the definitions and grant con- ditions provided in section 12291 of this title shall apply. (c) Legal assistance for victims grants The Attorney General may award grants under this subsection to private nonprofit entities, In- dian tribal governments and tribal organiza- tions, territorial organizations, and publicly funded organizations not acting in a govern- mental capacity such as law schools, and which shall be used— (1) to implement, expand, and establish co- operative efforts and projects between domes- tic violence, dating violence, and sexual as- sault victim service providers and legal assist- ance providers to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault; (2) to implement, expand, and establish ef- forts and projects to provide legal assistance for victims of domestic violence, dating vio- lence, stalking, and sexual assault by organi- zations with a demonstrated history of pro- viding direct legal or advocacy services on be- half of these victims; and (3) to implement, expand, and establish ef- forts and projects to provide competent, super-