34 U.S.C. § 20131 — Media campaign

Page 452 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20131 sonal safety or the safety of others, including family members; (5) the recommendations of the Secretary of Health and Human Services and the Secretary of Labor with respect to resources, oversight, and enforcement tools to ensure successful im- plementation of the provisions of this Act in order to support the economic security and safety of survivors of domestic violence, dat- ing violence, sexual assault, or stalking; (6) best practices for States, employers, health carriers, insurers, and other private en- tities in addressing issues related to domestic violence, dating violence, sexual assault, or stalking; and (7) barriers that impede victims’ ability to pursue legal action, including legal costs and filing fees, and complexities of the jurisdiction of law enforcement agencies. (Pub. L. 117–103, div. W, title VII, § 704, Mar. 15, 2022, 136 Stat. 894.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsec. (c)(1)(A), means title VII of div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 889, which enacted this section, amended section 12501 of this title and section 602 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 12501 of this title and section 602 of Title 42. For complete classification of title VII to the Code, see Tables. This Act, referred to in subsec. (c)(4), (5), is div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 840, known as the Violence Against Women Act Reauthorization Act of 2022. 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. 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. DEFINITIONS For definitions of terms used in this section, see sec- tion 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title. § 20131. Media campaign (1) Definitions In this subsection: (A) Director The term ‘‘Director’’ means the Director of the Office on Violence Against Women. (B) National media campaign The term ‘‘national media campaign’’ means the national ‘‘Choose Respect’’ media campaign described in paragraph (2). (2) Media campaign The Director shall, to the extent feasible and appropriate, conduct a national ‘‘Choose Respect’’ media campaign in accordance with this section for the purposes of— (A) preventing and discouraging violence against women, including domestic violence, dating violence, sexual assault, and stalking by targeting the attitudes, perceptions, and beliefs of individuals who have or are likely to commit such crimes; (B) encouraging victims of the crimes de- scribed in subparagraph (A) to seek help through the means determined to be most effective by the most current evidence avail- able, including seeking legal representation; and (C) informing the public about the help available to victims of the crimes described in subparagraph (A). (3) Use of funds (A) In general Amounts made available to carry out this section for the national media campaign may only be used for the following: (i) The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such pur- chases. (ii) Creative and talent costs, consistent with subparagraph (B). (iii) Advertising production costs, which may include television, radio, internet, so- cial media, and other commercial mar- keting venues. (iv) Testing and evaluation of adver- tising. (v) Evaluation of the effectiveness of the national media campaign. (vi) Costs of contracts to carry out ac- tivities authorized by this subsection. (vii) Partnerships with professional and civic groups, community-based organiza- tions, including faith-based organizations and culturally specific organizations, and government organizations related to the national media campaign. (viii) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, corporate sponsorship and par- ticipation, and professional sports associa- tions and military branch participation. (ix) Operational and management ex- penses. (B) Specific requirements (i) Creative services In using amounts for creative and talent costs under subparagraph (A), the Director shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising— (I) responding to high-priority or emer- gent campaign needs that cannot timely be obtained at no cost; or (II) intended to reach a minority, eth- nic, or other special audience that can- not reasonably be obtained at no cost. (ii) Testing and evaluation of advertising In using amounts for testing and evalua- tion of advertising under subparagraph (A)(iv), the Director shall test all adver- Page 453 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20131 tisements prior to use in the national media campaign to ensure that the adver- tisements are effective with the target au- dience and meet industry-accepted stand- ards. The Director may waive this require- ment for advertisements using not more than 10 percent of the purchase of adver- tising time purchased under this section in a fiscal year and not more than 10 percent of the advertising space purchased under this section in a fiscal year, if the adver- tisements respond to emergent and time- sensitive campaign needs or the advertise- ments will not be widely utilized in the na- tional media campaign. (iii) Consultation For the planning of the campaign under paragraph (2), the Director may consult with— (I) the Office for Victims of Crime, the Administration on Children, Youth and Families, and other related Federal Gov- ernment entities; (II) State, local, and Indian Tribal gov- ernments; (III) the prevention of domestic vio- lence, dating violence, sexual assault, or stalking, including national and local non-profits; and (IV) communications professionals. (iv) Evaluation of effectiveness of national media campaign In using amounts for the evaluation of the effectiveness of the national media campaign under subparagraph (A)(v), the Attorney General shall— (I) designate an independent entity to evaluate by April 20 of each year the ef- fectiveness of the national media cam- paign based on data from any relevant studies or publications, as determined by the Attorney General, including track- ing and evaluation data collected accord- ing to marketing and advertising indus- try standards; and (II) ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to changes in attitude or behaviors among the target audience with respect to violence against women and such other measures of evaluation as the Attorney General determines are ap- propriate. (4) Advertising In carrying out this subsection, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. (5) Responsibilities and functions under the program (A) In general The Director shall determine the overall purposes and strategy of the national media campaign. (B) Director (i) In general The Director shall approve— (I) the strategy of the national media campaign; (II) all advertising and promotional material used in the national media campaign; and (III) the plan for the purchase of adver- tising time and space for the national media campaign. (ii) Implementation The Director shall be responsible for im- plementing a focused national media cam- paign to meet the purposes described in paragraph (2) and shall ensure— (I) information disseminated through the campaign is accurate and scientif- ically valid; and (II) the campaign is designed using strategies demonstrated to be the most effective at achieving the goals and re- quirements of paragraph (2), which may include— (aa) a media campaign, as described in paragraph (3); (bb) local, regional, or population specific messaging; (cc) the development of websites to publicize and disseminate information; (dd) conducting outreach and pro- viding educational resources for women; (ee) collaborating with law enforce- ment agencies; and (ff) providing support for school- based public health education classes to improve teen knowledge about the effects of violence against women. (6) Prohibitions None of the amounts made available under paragraph (3) may be obligated or expended for any of the following: (A) To supplant current antiviolence against women campaigns by community- based coalitions. (B) To supplant pro bono public service time donated by national and local broad- casting networks for other public service campaigns. (C) For partisan political purposes, or to express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identi- fied legislative or regulatory proposal. (D) To fund advertising that features any elected officials, persons seeking elected of- fice, cabinet level officials, or other Federal officials employed pursuant to schedule C of subpart C of title 5, Code of Federal Regula- tions. (E) To fund advertising that does not con- tain a primary message intended to reduce or prevent violence against women. (F) To fund advertising containing a pri- mary message intended to promote support for the national media campaign or private sector contributions to the national media campaign. (7) Financial and performance accountability The Director shall cause to be performed— (A) audits and reviews of costs of the na- tional media campaign pursuant to section 4706 of title 41; and Page 454 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20141 1 So in original. Probably should be followed by ‘‘the’’. 2 See References in Text note below. (B) an audit to determine whether the costs of the national media campaign are al- lowable under chapter 43 of title 41. (8) Report to Congress The Director shall submit on an annual basis a report to Congress that describes— (A) the strategy of the national media campaign and whether specific objectives of the national media campaign were accom- plished; (B) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign; (C) plans to purchase advertising time and space; (D) policies and practices implemented to ensure that Federal funds are used respon- sibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; (E) all contracts entered into with a cor- poration, partnership, or individual working on behalf of the national media campaign; (F) the results of any financial audit of the national media campaign; (G) a description of any evidence used to develop the national media campaign; (H) specific policies and steps implemented to ensure compliance with this subsection; (I) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information nec- essary to provide a complete accounting of the funds expended; and (J) a review and evaluation of the effec- tiveness of the national media campaign strategy for the previous year. (9) Authorization of appropriations There are authorized to be appropriated to the Director to carry out this section $5,000,000 for each of fiscal years 2023 through 2027, to re- main available until expended. (Pub. L. 117–103, div. W, title XIII, § 1310(c), Mar. 15, 2022, 136 Stat. 931.) Editorial Notes REFERENCES IN TEXT This subsection, referred to in pars. (1), (3)(A)(vi), (4), and (8)(H), is subsec. (c) of section 1310 of div. W of Pub. L. 117–103, which is classified to this section. 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. DEFINITIONS For definitions of terms used in this section, see sec- tion 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title. SUBCHAPTER III—ADDITIONAL VICTIM COMPENSATION AND SERVICES § 20141. Services to victims (a) Designation of responsible officials The head of each department and agency of the United States engaged in the detection, in- vestigation, or prosecution of crime shall des- ignate by names and office titles the persons who will be responsible for identifying the vic- tims of crime and performing the services de- scribed in subsection (c) at each stage of a criminal case. (b) Identification of victims At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall— (1) identify the victim or victims of a crime; (2) inform the victims of their right to re- ceive, on request, the services described in subsection (c); and (3) inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the serv- ices described in subsection (c). (c) Description of services (1) A responsible official shall— (A) inform a victim of the place where the victim may receive emergency medical and so- cial services; (B) inform a victim of any restitution or other relief to which the victim may be enti- tled under this or any other law and 1 manner in which such relief may be obtained; (C) inform a victim of public and private programs that are available to provide coun- seling, treatment, and other support to the victim; and (D) assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C). (2) A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender. (3) During the investigation and prosecution of a crime, a responsible official shall provide a victim the earliest possible notice of— (A) the status of the investigation of the crime, to the extent it is appropriate to in- form the victim and to the extent that it will not interfere with the investigation; (B) the arrest of a suspected offender; (C) the filing of charges against a suspected offender; (D) the scheduling of each court proceeding that the witness is either required to attend or, under section 10606(b)(4) 2 of title 42, is enti- tled to attend; (E) the release or detention status of an of- fender or suspected offender; (F) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and