34 U.S.C. § 12331 — Research agenda

Page 353 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12331 1 See References in Text note below. (C) consideration of what limitations on the disclosure of confidential communica- tions between victims of these crimes and their counselors, short of an absolute privi- lege, 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 ade- quate procedural safeguards are in place to prevent unnecessary or damaging disclo- sures; and (3) prepare and disseminate to State authori- ties the findings made and model legislation developed as a result of the study and evalua- tion. (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— (1) the findings of the study and the model legislation required by this section; and (2) 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 vic- tims and their therapists or trained counselors will be adequately protected in Federal court proceedings. (Pub. L. 103–322, title IV, § 40153, Sept. 13, 1994, 108 Stat. 1921.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. CODIFICATION Section was formerly classified to section 13942 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12313. Information programs The Attorney General shall compile informa- tion regarding sex offender treatment programs and ensure that information regarding commu- nity treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sen- tence of imprisonment in a Federal penal or cor- rectional institution for a commission of an of- fense under chapter 109A of title 18 or for the commission of a similar offense, including half- way houses and psychiatric institutions. (Pub. L. 103–322, title IV, § 40154, Sept. 13, 1994, 108 Stat. 1922.) Editorial Notes CODIFICATION Section was formerly classified to section 13943 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART B—SAFE HOMES FOR WOMEN SUBPART 1—CONFIDENTIALITY FOR ABUSED PERSONS § 12321. Confidentiality of abused person’s ad- dress (a) Regulations Not later than 90 days after September 13, 1994, the United States Postal Service shall pro- mulgate regulations to secure the confiden- tiality of domestic violence shelters and abused persons’ addresses. (b) Requirements The regulations under subsection (a) shall re- quire— (1) in the case of an individual, the presen- tation to an appropriate postal official of a valid, outstanding protection order; and (2) in the case of a domestic violence shelter, the presentation to an appropriate postal au- thority of proof from a State domestic vio- lence coalition that meets the requirements of section 10410 1 of title 42 verifying that the or- ganization 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). (Pub. L. 103–322, title IV, § 40281, Sept. 13, 1994, 108 Stat. 1938.) Editorial Notes REFERENCES IN TEXT Section 10410 of title 42, referred to in subsec. (b)(2), was generally amended by Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3497, and, as so amended, no longer contains provisions relating to grants for State domestic violence coalitions. See section 10411 of Title 42, The Public Health and Welfare. CODIFICATION Section was formerly classified to section 13951 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBPART 2—DATA AND RESEARCH § 12331. Research agenda (a) Request for contract The Attorney General shall request the Na- tional Academy of Sciences, through its Na- tional Research Council, to enter into a con- Page 354 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12332 tract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic vio- lence. In furtherance of the contract, the Na- tional Academy shall convene a panel of nation- ally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and ex- perts on domestic violence in diverse, ethnic, so- cial, 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 Na- tional 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 In- stitute 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 sub- mitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (Pub. L. 103–322, title IV, § 40291, Sept. 13, 1994, 108 Stat. 1939.) Editorial Notes CODIFICATION Section was formerly classified to section 13961 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 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 inci- dence 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 adminis- trators, law enforcement personnel, and non- profit 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 sub- mitted 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. (Pub. L. 103–322, title IV, § 40292, Sept. 13, 1994, 108 Stat. 1939.) Editorial Notes CODIFICATION Section was formerly classified to section 13962 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 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 rec- ommend 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. (Pub. L. 103–322, title IV, § 40293, Sept. 13, 1994, 108 Stat. 1940.) Editorial Notes CODIFICATION Section was formerly classified to section 13963 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. SUBPART 3—RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT § 12341. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse en- forcement assistance (a) Purposes The purposes of this section are— (1) to identify, assess, and appropriately re- spond to child, youth, and adult victims of do- mestic violence, sexual assault, dating vio- lence, and stalking in rural communities, by encouraging collaboration among— (A) domestic violence, dating violence, sexual assault, and stalking victim service providers; (B) law enforcement agencies; (C) prosecutors; (D) courts; (E) other criminal justice service pro- viders; (F) human and community service pro- viders; (G) educational institutions; and