dreamproit/uscode huggingface dataset:
42 U.S.C. § 3796gg–0a (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–0a. Director of Violence Against Women Office
(a) Appointment
The President, by and with the advice and consent of the Senate, shall appoint a Director for the Violence Against Women Office (in this subchapter 1 referred to as the “Director”) to be responsible, under the general authority of the Attorney General, for the administration, coordination, 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) or the Violence Against Women Act of 2000 (division B of Public Law 106–386).
(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.)
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this title”, and was translated as reading “this part”, meaning part T of title I of Pub. L. 90–351, to reflect the probable intent of Congress.
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, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 13701 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 Amendments note set out under section 13701 of this title and Tables.
heading: Prior Provisions
text: A prior section 2003 of Pub. L. 90–351 was renumbered section 2008 and is classified to section 3796gg–2 of this title.
heading: Effective Date
text: Section effective 90 days after Nov. 2, 2002, see section 403 of Pub. L. 107–273, set out as a note under section 3796gg–0 of this title.
42 U.S.C. § 3796gg–0c (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–0c. Staff of Violence Against Women Office
The Attorney General shall ensure that the Director has adequate staff to support the Director in carrying out the Director’s responsibilities under this subchapter.
(Pub. L. 90–351, title I, § 2005, as added Pub. L. 107–273, div. A, title IV, § 402(3), Nov. 2, 2002, 116 Stat. 1791.)
heading: Prior Provisions
text: A prior section 2005 of Pub. L. 90–351 was renumbered section 2010 and is classified to section 3796gg–4 of this title.
heading: Effective Date
text: Section effective 90 days after Nov. 2, 2002, see section 403 of Pub. L. 107–273, set out as a note under section 3796gg–0 of this title.
42 U.S.C. § 3796gg–0d (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–0d. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subchapter for each fiscal year until fiscal year 2005.
(Pub. L. 90–351, title I, § 2006, as added Pub. L. 107–273, div. A, title IV, § 402(3), Nov. 2, 2002, 116 Stat. 1791.)
heading: Prior Provisions
text: A prior section 2006 of Pub. L. 90–351 was renumbered section 2011 and is classified to section 3796gg–5 of this title.
heading: Effective Date
text: Section effective 90 days after Nov. 2, 2002, see section 403 of Pub. L. 107–273, set out as a note under section 3796gg–0 of this title.
42 U.S.C. § 3796gg–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–2. Definitions and grant conditions
In this subchapter the definitions and grant conditions in section 13925 of this title shall apply.
(Pub. L. 90–351, title I, § 2008, as added Pub. L. 109–162, § 3(c)(1), Jan. 5, 2006, 119 Stat. 2971.)
heading: Codification
text: Another section 2008 of Pub. L. 90–351 was renumbered section 2016 and is classified to section 3796gg–11 of this title.
heading: Prior Provisions
text: A prior section 3796gg–2, Pub. L. 90–351, title I, § 2008, formerly § 2003, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1913; amended Pub. L. 106–386, div. B, title I, §§ 1103(b)(3), 1109(a)(1), Oct. 28, 2000, 114 Stat. 1496, 1502; renumbered § 2008, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276, related to definitions of terms in this subchapter, prior to repeal by Pub. L. 109–162, § 3(c)(1), Jan. 5, 2006, 119 Stat. 2971.
heading: Definitions and Grant Conditions Applicable to Division B of Pub. L. 106–386
text: Pub. L. 106–386, div. B, § 1002, Oct. 28, 2000, 114 Stat. 1491, as amended by Pub. L. 109–162, § 3(d), Jan. 5, 2006, 119 Stat. 2972, provided that: “In this division [see section 1001 of Pub. L. 106–386, set out as a Short Title of 2000 Amendments note under section 13701 of this title] the definitions and grant conditions in section 40002 of the Violence Against Women Act of 1994 [42 U.S.C. 13925] shall apply.”
42 U.S.C. § 3796gg–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–3. General terms and conditions
(a) Nonmonetary assistance
In addition to the assistance provided under this subchapter, the Attorney General may request any Federal agency to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State, tribal, and local assistance efforts.
(b) Reporting
Not later than 1 month after the end of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that includes, for each State and for each grantee Indian tribe—
(1) the number of grants made and funds distributed under this subchapter;
(2) a summary of the purposes for which those grants were provided and an evaluation of their progress;
(3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability, and the membership of persons served in any underserved population; and
(4) an evaluation of the effectiveness of programs funded under this subchapter.
(c) Regulations or guidelines
Not later than 120 days after September 13, 1994, the Attorney General shall publish proposed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines implementing this subchapter.
(Pub. L. 90–351, title I, § 2009, formerly § 2004, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1914; amended Pub. L. 106–386, div. B, title I, § 1103(b)(4), Oct. 28, 2000, 114 Stat. 1497; renumbered § 2009, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, § 3(b)(3), title XI, §§ 1134(b), 1135(c), Jan. 5, 2006, 119 Stat. 2971, 3108, 3109; Pub. L. 109–271, §§ 2(d), 8(b), Aug. 12, 2006, 120 Stat. 752, 766.)
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–162, §§ 1134(b) and 1135(c), which directed an amendment substantially identical to that made by Pub. L. 109–162, § 3(b)(3), were repealed by Pub. L. 109–271, §§ 2(d) and 8(b).
Pub. L. 109–162, § 3(b)(3), substituted “Not later than 1 month after the end of each even-numbered fiscal year, the Attorney General shall submit” for “Not later than 180 days after the end of each fiscal year for which grants are made under this subchapter, the Attorney General shall submit” in introductory provisions.
2000—Subsec. (b)(3). Pub. L. 106–386 inserted “, and the membership of persons served in any underserved population” before the semicolon.
42 U.S.C. § 3796gg–8 (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–8. Polygraph testing prohibition
(a) In general
In order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after January 5, 2006, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense.
(b) Prosecution
The refusal of a victim to submit to an examination described in subsection (a) of this section shall not prevent the investigation, charging, or prosecution of the offense.
(Pub. L. 90–351, title I, § 2013, as added Pub. L. 109–162, title I, § 101(g), Jan. 5, 2006, 119 Stat. 2975.)
heading: Effective Date
text: Section not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under section 3793 of this title.
42 U.S.C. § 3796gg–9 (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–9. Repealed. Pub. L. 109–271, § 3(a), Aug. 12, 2006, 120 Stat. 754
text: Section, Pub. L. 90–351, title I, § 2014, as added Pub. L. 109–162, title II, § 202, Jan. 5, 2006, 119 Stat. 2994, related to sexual assault services. See section 14043g of this title.
heading: Codification
text: Pub. L. 109–271, which directed the repeal of section 202 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109–162), was executed by repealing this section, which was section 2014 of the Omnibus Crime Control and Safe Streets Act of 1968 as added by section 202 of Pub. L. 109–162, to reflect the probable intent of Congress.
42 U.S.C. § 3796hh–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3796hh–2. Reports
Each grantee receiving funds under this subchapter shall submit a report to the Attorney General evaluating the effectiveness of projects developed with funds provided under this subchapter and containing such additional information as the Attorney General may prescribe.
(Pub. L. 90–351, title I, § 2103, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933.)
42 U.S.C. § 3796hh–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3796hh–3. Regulations or guidelines
Not later than 120 days after September 13, 1994, the Attorney General shall publish proposed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines implementing this subchapter.
(Pub. L. 90–351, title I, § 2104, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933.)
42 U.S.C. § 3796hh–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3796hh–4. Definitions and grant conditions
In this subchapter the definitions and grant conditions in section 13925 of this title shall apply.
(Pub. L. 90–351, title I, § 2105, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933; amended Pub. L. 106–386, div. B, title I, § 1109(a)(2), Oct. 28, 2000, 114 Stat. 1503; Pub. L. 109–162, § 3(c)(2), Jan. 5, 2006, 119 Stat. 2972.)
heading: Amendments
text: 2006—Pub. L. 109–162 amended section generally. Prior to amendment, section consisted of pars. (1) to (3) defining for purposes of this subchapter “domestic violence”, “protection order”, and “dating violence”.
2000—Par. (3). Pub. L. 106–386 added par. (3).
42 U.S.C. § 3796hh–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3796hh–5. Repealed. Pub. L. 109–271, § 2(f)(2), Aug. 12, 2006, 120 Stat. 752
text: Section, Pub. L. 90–351, title I, § 2106, as added Pub. L. 109–162, title I, § 102(d), Jan. 5, 2006, 119 Stat. 2978, related to training and technical assistance.
42 U.S.C. § 3796ii–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ii–1. Definitions
In this subchapter—
(1) the term “mental illness” means a diagnosable mental, behavioral, or emotional disorder—
(A) of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and
(B) that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; and
(2) the term “preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders” means a person who—
(A)
(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or
(ii) manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and
(B) is deemed eligible by designated judges.
(Pub. L. 90–351, title I, § 2202, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2400.)
heading: Prior Provisions
text: A prior section 3796ii–1, Pub. L. 90–351, title I, § 2202, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1956, related to prohibition of participation by violent offenders, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
42 U.S.C. § 3796ii–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ii–2. Administration
(a) Consultation
The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this subchapter.
(b) Use of components
The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
(c) Regulatory authority
The Attorney General shall issue regulations and guidelines necessary to carry out this subchapter which include, but are not limited to, the methodologies and outcome measures proposed for evaluating each applicant program.
(d) Applications
In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan;
(2) explain the applicant’s inability to fund the program adequately without Federal assistance;
(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the State mental health authority;
(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program;
(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support;
(8) describe the methodology and outcome measures that will be used in evaluating the program; and
(9) certify that participating first time offenders without a history of a mental illness will receive a mental health evaluation.
(Pub. L. 90–351, title I, § 2203, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2400.)
heading: Prior Provisions
text: A prior section 3796ii–2, Pub. L. 90–351, title I, § 2203, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1956, defined “violent offender”, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
42 U.S.C. § 3796ii–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ii–3. Applications
To request funds under this subchapter, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit to the Attorney General an application in such form and containing such information as the Attorney General may reasonably require.
(Pub. L. 90–351, title I, § 2204, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.)
heading: Prior Provisions
text: A prior section 3796ii–3, Pub. L. 90–351, title I, § 2204, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1956, related to administration, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
42 U.S.C. § 3796ii–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ii–4. Federal share
The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the program described in the application submitted under section 3796ii–3 of this title for the fiscal year for which the program receives assistance under this subchapter, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. The use of the Federal share of a grant made under this subchapter shall be limited to new expenses necessitated by the proposed program, including the development of treatment services and the hiring and training of personnel. In-kind contributions may constitute a portion of the non-Federal share of a grant.
(Pub. L. 90–351, title I, § 2205, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.)
heading: Prior Provisions
text: A prior section 3796ii–4, Pub. L. 90–351, title I, § 2205, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, related to applications to request funds, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
42 U.S.C. § 3796ii–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ii–5. Geographic distribution
The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made that considers the special needs of rural communities, Indian tribes, and Alaska Natives.
(Pub. L. 90–351, title I, § 2206, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.)
heading: Prior Provisions
text: A prior section 3796ii–5, Pub. L. 90–351, title I, § 2206, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, related to Federal share of grants, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
42 U.S.C. § 3796ii–6 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ii–6. Report
A State, Indian tribal government, or unit of local government that receives funds under this subchapter during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this subchapter.
(Pub. L. 90–351, title I, § 2207, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2402.)
heading: Prior Provisions
text: A prior section 3796ii–6, Pub. L. 90–351, title I, § 2207, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, related to geographic distribution of grant awards, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
42 U.S.C. § 3796ii–7 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ii–7. Technical assistance, training, and evaluation
(a) Technical assistance and training
The Attorney General may provide technical assistance and training in furtherance of the purposes of this subchapter.
(b) Evaluations
In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this subchapter.
(c) Administration
The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.
(Pub. L. 90–351, title I, § 2208, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2402.)
heading: Prior Provisions
text: A prior section 3796ii–7, Pub. L. 90–351, title I, § 2208, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, required reports by entities receiving funds, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
A prior section 3796ii–8, Pub. L. 90–351, title I, § 2209, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1958, related to technical assistance, training, and evaluation, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
42 U.S.C. § 3796jj (THE PUBLIC HEALTH AND WELFARE)
§ 3796jj. Duties
The Attorney General shall—
(1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice;
(2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings of such studies to Federal, State, and local law enforcement agencies, related organizations, and other interested parties;
(3) identify and evaluate model programs that provide support services to law enforcement personnel and families;
(4) provide technical assistance and training programs to develop stress reduction and family support to State and local law enforcement agencies;
(5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local law enforcement agencies, law enforcement-related organizations, and other interested entities; and
(6) determine issues to be researched by the Department of Justice and by grant recipients.
(Pub. L. 90–351, title I, § 2301, as added Pub. L. 103–322, title XXI, § 210201(a)(3), Sept. 13, 1994, 108 Stat. 2062.)
heading: Prior Provisions
text: A prior section 2301 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 3797 of this title.
42 U.S.C. § 3796jj–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3796jj–1. General authorization
The Attorney General may make grants to States and local law enforcement agencies and to organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel.
(Pub. L. 90–351, title I, § 2302, as added Pub. L. 103–322, title XXI, § 210201(a)(3), Sept. 13, 1994, 108 Stat. 2062.)