34 U.S.C. § 10442 — Establishment of Office on Violence

Page 132 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10442 10441 et seq.) (commonly referred to as the ‘STOP Vi- olence Against Women Formula Grant Program’). ‘‘(2) GRANT INCREASE.—The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this sub- section if the State has in effect a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code. ‘‘(3) APPLICATION.—A State seeking an increase to a covered formula grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such in- formation as the Attorney General may reasonably require, including information about the law de- scribed in paragraph (2). ‘‘(4) PERIOD OF INCREASE.—The Attorney General may not provide an increase in the amount of the covered formula grant provided to a State under this subsection more than 4 times. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027 to carry out this sub- section.’’ STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT FORENSIC EXAMINATIONS Pub. L. 106–386, div. B, title IV, § 1405, Oct. 28, 2000, 114 Stat. 1515, provided that: ‘‘(a) IN GENERAL.—The Attorney General shall— ‘‘(1) evaluate existing standards of training and practice for licensed health care professionals per- forming sexual assault forensic examinations and de- velop a national recommended standard for training; ‘‘(2) recommend sexual assault forensic examina- tion training for all health care students to improve the recognition of injuries suggestive of rape and sex- ual assault and baseline knowledge of appropriate re- ferrals in victim treatment and evidence collection; and ‘‘(3) review existing national, State, tribal, and local protocols on sexual assault forensic examina- tions, and based on this review, develop a rec- ommended national protocol and establish a mecha- nism for its nationwide dissemination. ‘‘(b) CONSULTATION.—The Attorney General shall con- sult with national, State, tribal, and local experts in the area of rape and sexual assault, including rape cri- sis centers, State and tribal sexual assault and domes- tic violence coalitions and programs, and programs for criminal justice, forensic nursing, forensic science, emergency room medicine, law, social services, and sex crimes in underserved communities (as defined in [former] section 2003(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([former] 42 U.S.C. 3796gg–2(7)), as amended by this division). ‘‘(c) REPORT.—The Attorney General shall ensure that not later than 1 year after the date of the enact- ment of this Act [Oct. 28, 2000], a report of the actions taken pursuant to subsection (a) is submitted to Con- gress. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section $200,000 for fiscal year 2001.’’ [For definitions of terms used in section 1405 of Pub. L. 106–386, set out above, see section 1002 of Pub. L. 106–386, set out as a note under section 10447 of this title.] § 10442. Establishment of Office on Violence Against Women (a) In general There is hereby established within the Depart- ment of Justice, under the general authority of the Attorney General, an Office on Violence Against Women (in this subchapter referred to as the ‘‘Office’’). (b) Separate office The Office shall be a separate and distinct of- fice within the Department of Justice, not sub- sumed by any other office, headed by a Director, who shall report to the Attorney General and serve as Counsel to the Attorney General on the subject of violence against women, and who shall have final authority over all grants, coop- erative agreements, and contracts awarded by the Office. (c) Jurisdiction Under the general authority of the Attorney General, the Office— (1) shall have sole jurisdiction over all duties and functions described in section 10444 of this title; and (2) shall be solely responsible for coordina- tion with other departments, agencies, or of- fices of all activities authorized or undertaken under— (A) the Violence Against Women Act of 1994 (title IV of Public Law 103–322); (B) the Violence Against Women Act of 2000 (division B of Public Law 106–386); (C) the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960); (D) the Violence Against Women Reau- thorization Act of 2013 (Public Law 113–4; 127 Stat. 54); and (E) the Violence Against Women Act Reau- thorization Act of 2022. (Pub. L. 90–351, title I, § 2002, as added Pub. L. 107–273, div. A, title IV, § 402(3), Nov. 2, 2002, 116 Stat. 1789; amended Pub. L. 117–103, div. W, title IX, § 901(a), Mar. 15, 2022, 136 Stat. 910.) Editorial Notes REFERENCES IN TEXT The Violence Against Women Act of 1994, referred to in subsec. (c)(2)(A), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. The Violence Against Women Act of 2000, referred to in subsec. (c)(2)(B), is div. B of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1491. For complete classification of this Act to the Code, see Short Title of 2000 Act note set out under section 10101 of this title and Tables. The Violence Against Women and Department of Jus- tice Reauthorization Act of 2005, referred to in subsec. (c)(2)(C), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960. For complete classification of this Act to the Code, see section 1 of Pub. L. 109–162, set out as a Short Title of 2006 Act note under section 10101 of this title, and Ta- bles. The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (c)(2)(D), is Pub. L. 113–4, Mar. 7, 2013, 127 Stat. 54. For complete classification of this Act to the Code, see section 1 of Pub. L. 113–4, set out as a Short Title of 2013 Act note under section 10101 of this title, and Tables. The Violence Against Women Act Reauthorization Act of 2022, referred to in subsec. (c)(2)(E), is div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 840. For complete classification of this Act to the Code, see section 1 of div. W of Pub. L. 117–103, set out as a Short Title of 2022 Amendment note under section 10101 of this title, and Tables. CODIFICATION Section was formerly classified to section 3796gg–0 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 133 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10443 PRIOR PROVISIONS A prior section 2002 of Pub. L. 90–351 was renumbered section 2007 and is classified to section 10446 of this title. AMENDMENTS 2022—Pub. L. 117–103, § 901(a)(1), substituted ‘‘Office on Violence Against Women’’ for ‘‘Violence Against Women Office’’ in section catchline. Subsec. (a). Pub. L. 117–103, § 901(a)(2), substituted ‘‘an Office on Violence Against Women’’ for ‘‘a Violence Against Women Office’’. Subsec. (b). Pub. L. 117–103, § 901(a)(3), inserted ‘‘, not subsumed by any other office’’ after ‘‘within the De- partment of Justice’’. Subsec. (c)(2). Pub. L. 117–103, § 901(a)(4), substituted ‘‘authorized or undertaken under—’’ and subpars. (A) to (E) for ‘‘authorized or undertaken under the Violence Against Women Act of 1994 (title VI of Public 103–322) and the Violence Against Women Act of 2000 (Division B of Public Law 106–386).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 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 an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATE Pub. L. 107–273, div. A, title IV, § 403, Nov. 2, 2002, 116 Stat. 1791, provided that: ‘‘This title [enacting this sec- tion and sections 10443 to 10445 of this title and former section 3796gg–0d of Title 42, The Public Health and Welfare, amending sections 10446 to 10450 of this title, and enacting provisions set out as a note under section 10101 of this title] shall take effect 90 days after this bill becomes law [Nov. 2, 2002].’’ § 10443. Director of Office on Violence Against Women (a) Appointment The President, by and with the advice and con- sent of the Senate, shall appoint a Director for the Office on Violence Against Women (in this subchapter referred to as the ‘‘Director’’) to be responsible, under the general authority of the Attorney General, for the administration, co- ordination, and implementation of the programs and activities of the Office. (b) Other employment The Director shall not— (1) engage in any employment other than that of serving as Director; or (2) 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 the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Vio- lence Against Women and Department of Jus- tice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022. (c) Vacancy In the case of a vacancy, the President may designate an officer or employee who shall act as Director during the vacancy. (d) Compensation The Director shall be compensated at a rate of pay not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5. (Pub. L. 90–351, title I, § 2003, as added Pub. L. 107–273, div. A, title IV, § 402(3), Nov. 2, 2002, 116 Stat. 1789; amended Pub. L. 117–103, div. W, title IX, § 901(b), Mar. 15, 2022, 136 Stat. 910.) Editorial Notes REFERENCES IN TEXT The Violence Against Women Act of 1994, referred to in subsec. (b)(2), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. The Violence Against Women Act of 2000, referred to in (b)(2), is div. B of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1491. For complete classification of this Act to the Code, see Short Title of 2000 Act note set out under section 10101 of this title and Tables. The Violence Against Women and Department of Jus- tice Reauthorization Act of 2005, referred to in subsec. (b)(2), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960. For complete classification of this Act to the Code, see sec- tion 1 of Pub. L. 109–162, set out as a Short Title of 2006 Act note under section 10101 of this title, and Tables. The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (b)(2), is Pub. L. 113–4, Mar. 7, 2013, 127 Stat. 54. For complete classification of this Act to the Code, see section 1 of Pub. L. 113–4, set out as a Short Title of 2013 Act note under section 10101 of this title, and Tables. The Violence Against Women Act Reauthorization Act of 2022, referred to in subsec. (b)(2), is div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 840. For complete classification of this Act to the Code, see section 1 of div. W of Pub. L. 117–103, set out as a Short Title of 2022 Amendment note under section 10101 of this title, and Tables. CODIFICATION Section was formerly classified to section 3796gg–0a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2003 of Pub. L. 90–351 was renumbered section 2008 and is classified to section 10447 of this title. AMENDMENTS 2022—Pub. L. 117–103, § 901(b)(1), substituted ‘‘Office on Violence Against Women’’ for ‘‘Violence Against Women Office’’ in section catchline. Subsec. (a). Pub. L. 117–103, § 901(b)(2), substituted ‘‘the Office on Violence Against Women’’ for ‘‘the Vio- lence Against Women Office’’ and made technical amendment to reference in original act which appears in text as reference to this subchapter. Subsec. (b)(2). Pub. L. 117–103, § 901(b)(3), substituted ‘‘103–322), the Violence’’ for ‘‘103–322) or the Violence’’ and inserted before period at end ‘‘, the Violence Against Women and Department of Justice Reauthor- ization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022,