r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT wiki — defined terms
The statute’s own glossary: every term Title 34 defines, in section order.
“covered governmental entity” applies in that section
the term “covered governmental entity” means any municipal, county, or State government that receives funding under section 5306 of title 42 . (b) Right to report (1) In general Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing— (A) shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance; and (B) shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under statutes, ordinances, regulations, or policies adopted or enforced by covered governmental entities.
“Attorney General” applies in that section
the term “Attorney General” means the Attorney General, acting through the Director of the Office on Violence Against Women;
“covered individual” applies in that section
the term “covered individual” means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including— (A) an individual working for or on behalf of an eligible entity; (B) an administrator or personnel of a school, university, or other educational program or activity (including a campus police officer or a school resource officer); and (C) an emergency services or medical employee; (3) the term “demonstration site”, with respect to an eligible entity that receives a grant under this section, means the area over which the eligible entity has jurisdiction;
“eligible entity” applies in that section
the term “eligible entity” means a State, local, territorial, or Tribal law enforcement agency; and;
“mandatory partner” applies in that section
the term “mandatory partner” means a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described in paragraph (4). (b) Grants authorized (1) In general The Attorney General shall award grants on a competitive basis to eligible entities to collaborate with their mandatory partners to carry out the demonstration program under this section by implementing evidence-based or promising investigative policies and practices to incorporate trauma-informed, victim-centered techniques designed to— (A) prevent re-traumatization of the victim; (B) ensure that covered individuals use evidence-based practices to respond to and …
“Director” applies in that section
The term “Director” means the Director of the Office on Violence Against Women. (2) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (A) a State; (B) a unit of local government; (C) a tribal government; (D) a tribal organization; (E) a victim service provider; (F) an institution of higher education (as defined in section 1001(a) of title 20 ; and (G) a private or public nonprofit organization, including— (i) a tribal nonprofit organization; and (ii) a faith-based nonprofit organization. (3) Restorative practice
“restorative practice” applies in that section
The term “restorative practice” means a practice relating to a specific harm that— (A) is community-based and unaffiliated with any civil or criminal legal process; (B) is initiated by a victim of the harm; (C) involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual— (i) 1 or more individuals who committed the harm; (ii) 1 or more victims of the harm; and (iii) the community affected by the harm through 1 or more representatives of the community; (D) shall include and has the goal of— (i) collectively seeking accountability from 1 or more individuals …
“blind external proficiency test” applies in that section
the term “blind external proficiency test” means a test that is presented to a forensic laboratory through a second agency and appears to the analysts to involve routine evidence. (3) Notwithstanding any other provision of law, the Attorney General shall make available to the Director of the National Institute of Justice during the first fiscal year in which funds are distributed under this subtitle up to $250,000 from the funds available under part X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 [ 34 U.S.C. 10511 et seq.] to carry out this subsection.
“Rapid DNA instruments” applies in that section
the term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample. (b) Administration of advisory board (1) For administrative purposes, the advisory board appointed under subsection (a) shall be considered an advisory board to the Director of the Federal Bureau of Investigation. (2) Section 1013 of title 5 shall not apply with respect to the advisory board appointed under subsection (a). (3) The DNA advisory board established under this section shall be separate and distinct from any other advisory board administered by the FBI, and is to be administered separately.
“qualifying offense” applies in that section
the term “qualifying offense” means any of the following offenses: (i) A qualifying Federal offense, as determined under section 40702 of this title . (ii) A qualifying District of Columbia offense, as determined under section 40703 of this title . (iii) A qualifying military offense, as determined under section 1565 of title 10 . (C) For purposes of subparagraph (A), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.
“nonprofit organization” applies in that section
the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) Prohibition The Attorney General may not award a grant under this section to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 .
“unresolved audit finding” applies in that section
the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (B) Audits Beginning in the first fiscal year beginning after March 23, 2018 , and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees.
“compensable crime” applies in that section
the term “compensable crime” means a crime the victims of which are eligible for compensation under the eligible crime victim compensation program, and includes crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18 , driving while intoxicated, and domestic violence;
“medical expenses” applies in that section
the term “medical expenses” includes, to the extent provided under the eligible crime victim compensation program, expenses for eyeglasses or other corrective lenses, for dental services and devices and prosthetic devices, and for services rendered in accordance with a method of healing recognized by the law of the State;
“recovery costs” applies in that section
the term “recovery costs” means expenses for personnel directly involved in the recovery efforts to obtain collections from restitution or from subrogation for payment under a civil law suit. (e) Relationship to certain Federal programs Notwithstanding any other law, if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, including the program established under title IV of Public Law 107–42 , or a federally financed State or local program, would otherwise pay,— 1 (1) such crime victim compensation program shall not pay that compensation; and (2) the other program shall make its payments without regard to the existence of the crime …
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other possession or territory of the United States; and;
“base amount” applies in that section
the term “base amount” means— (A) except as provided in subparagraph (B), $500,000; and (B) for the territories of the Northern Mariana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the Republic of Palau’s share governed by the Compact of Free Association between the United States and the Republic of Palau.
“chief executive” applies in that section
the term “chief executive” includes a person designated by a chief executive to perform the functions of the chief executive under this section.
“crises intervention services” applies in that section
the term “crises intervention services” means counseling to provide emotional support in crises arising from the occurrence of crime; and;
“services to victims of crime” applies in that section
the term “services to victims of crime” includes— (A) crises intervention services; (B) providing, in an emergency, transportation to court, short-term child care services, and temporary housing and security measures; (C) assistance in participating in criminal justice proceedings; and (D) payment of all reasonable costs for a forensic medical examination of a crime victim, to the extent that such costs are otherwise not reimbursed or paid;
“services to victims of Federal crime” applies in that section
the term “services to victims of Federal crime” means services to victims of crime with respect to Federal crime, and includes— (A) training of law enforcement personnel in the delivery of services to victims of Federal crime; (B) preparation, publication, and distribution of informational materials— (i) setting forth services offered to victims of crime; and (ii) concerning services to victims of Federal crime for use by Federal law enforcement personnel; and (C) salaries of personnel who provide services to victims of crime, to the extent that such personnel provide such services;
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other territory or possession of the United States; and;
“victim” applies in that section
the term “victim”— (A) means a person who is a national of the United States or an officer or employee of the United States Government who is injured or killed as a result of a terrorist act or mass violence occurring outside the United States; and (B) in the case of a person described in subparagraph (A) who is less than 18 years of age, incompetent, incapacitated, or deceased, includes a family member or legal guardian of that person.
“international terrorism” applies in that section
The term “international terrorism” has the meaning given the term in section 2331 of title 18 . (2) National of the United States
“national of the United States” applies in that section
The term “national of the United States” has the meaning given the term in section 1101(a) of title 8 . (3) Victim (A) In general
“victim” applies in that section
The term “victim” means a person who— (i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after October 23, 1983 , with respect to which an investigation or civil or criminal prosecution was ongoing after April 24, 1996 ; and (ii) as of the date on which the international terrorism occurred, was a national of the United States or an officer or employee of the United States Government.
“domestic violence victim” applies in that section
The term “domestic violence victim” means a victim of domestic violence, dating violence, sexual assault, or stalking. (B) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (i) a State; (ii) a unit of local government; (iii) an Indian tribe; or (iv) any other organization that has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (as determined by the Secretary), including— (I) a domestic violence and sexual assault victim service provider; (II) a domestic violence and sexual assault coalition; (III) a community-based and culturally specific organization; (IV) any other nonprofit, nongovernmental organization; and (V) any organization that works directly with pets, service animals, emotional support animals, or horses and collaborates with any organization …
“emotional support animal” applies in that section
The term “emotional support animal” means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation), and that is not a service animal. (D) Pet
“pet” applies in that section
The term “pet” means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes. (E) Service animal
“service animal” applies in that section
The term “service animal” has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation). (F) Other terms Except as otherwise provided in this section, terms used in this section 2 shall have the meaning given such terms in section 12291(a) of this title .
“Director” applies in that section
The term “Director” means the Director of the Office on Violence Against Women. (B) National media campaign
“national media campaign” applies in that section
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 described in subparagraph (A) to seek help through the means determined to be most effective by the most current …
“responsible official” applies in that section
the term “responsible official” means a person designated pursuant to subsection (a) to perform the functions of a responsible official under that section; and;
“victim” applies in that section
the term “victim” means a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including— (A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and (B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference): (i) a spouse; (ii) a legal guardian; (iii) a parent; (iv) a child; (v) a sibling; (vi) another family member; or (vii) another person designated by the court.
“State” applies in that section
the term “State” means any State, the District of Columbia, or any possession or territory of the United States. (g) Rules The Judicial Conference of the United States, pursuant to its rule making authority under section 331 of title 28 , may promulgate and issue rules, or amend existing rules, to effectuate the policy addressed by this section. Upon the implementation of such rules, this section shall cease to be effective. (h) Effective date This section shall only apply to cases filed after January 1, 1995 .
“juvenile” applies in that section
The term “juvenile” means an individual who is age 17 or younger.;
“State” applies in that section
The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2009.
“young adult” applies in that section
The term “young adult” means an individual who is age 21 or younger but not a juvenile.;
“1983 Beirut barracks bombing victim” applies in that section
The term “1983 Beirut barracks bombing victim”— (A) means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983 , bombing of the United States Marine Corps barracks in Beirut, Lebanon; and (B) includes a plaintiff, estate, or successor in interest described in subparagraph (A) who is a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Vic. 2 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014 , in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Vic. 2 10934 (S.D.N.Y. filed Dec. 17, 2008 ).
“1996 Khobar Towers bombing victim” applies in that section
The term “1996 Khobar Towers bombing victim”— (A) means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the June 25, 1996 bombing of the Khobar Tower housing complex in Saudi Arabia; and (B) includes a plaintiff, estate, or successor in interest described in subparagraph (A) who is a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Vic. 2 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014 , in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Vic. 2 10934 (S.D.N.Y. filed Dec. 17, 2008 ).
“9/11 dependent” applies in that section
The term “9/11 dependent” means a United States person who has an eligible claim under subsection (c) who at the time of a 9/11 victim’s death was— (A) a dependent, as defined in section 104.3 of title 28, Code of Federal Regulations, or any successor thereto, of the 9/11 victim; or (B) the child of the 9/11 victim who has not, before November 21, 2019 , received payment from the Fund. (12) 9/11 family member
“9/11 family member” applies in that section
The term “9/11 family member” means the immediate family member of an individual described in section 405(c) of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) who is not a 9/11 dependent or a 9/11 spouse. (13) 9/11 spouse
“9/11 related victim of state sponsored terrorism” applies in that section
The term “9/11 related victim of state sponsored terrorism” means a 9/11 victim, 9/11 spouse, 9/11 dependent, or 9/11 family member. (11) 9/11 dependent
“9/11 spouse” applies in that section
The term “9/11 spouse” means a United States person who has an eligible claim under subsection (c) who is a spouse, as defined in section 104.3 of title 28, Code of Federal Regulations, or any successor thereto, of an individual described in section 405(c) of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note). (14) 9/11 victim
“9/11 victim” applies in that section
The term “9/11 victim” means a United States person who has an eligible claim under subsection (c) who is an individual described in section 405(c)(2) of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note). (15) 1983 Beirut barracks bombing victim
“act of international terrorism” applies in that section
The term “act of international terrorism” includes— (A) an act of torture, extrajudicial killing, aircraft sabotage, or hostage taking as those terms are defined in section 1605A(h) of title 28 ; and (B) providing material support or resources, as defined in section 2339A of title 18 , for an act described in subparagraph (A). (2) Adverse final judgment
“adverse final judgment” applies in that section
The term “adverse final judgment” means a final judgment in favor of the defendant, or defendants, in the proceedings identified in subsection (e)(2)(B)(iii), or which does not order any payment from, or award any interest in, the assets at issue in such proceedings to the plaintiffs, judgment creditors, or Settling Judgment Creditors in such proceedings. (3) Compensatory damages The term “compensatory damages” does not include pre-judgment or post-judgment interest or punitive damages. (4) Final judgment
“final judgment” applies in that section
The term “final judgment” means an enforceable final judgment, decree or order on liability and damages entered by a United States district court that is not subject to further appellate review, but does not include a judgment, decree, or order that has been waived, relinquished, satisfied, espoused by the United States, or subject to a bilateral claims settlement agreement between the United States and a foreign state. In the case of a default judgment, such judgment shall not be considered a final judgment until such time as service of process has been completed pursuant to section 1608(e) of title 28 . (5) Fund
“Fund” applies in that section
The term “Fund” means the United States Victims of State Sponsored Terrorism Fund established by this section. (6) Source other than this Fund
“non-9/11 victim of state sponsored terrorism” applies in that section
The term “non-9/11 victim of state sponsored terrorism” means a United States person who has an eligible claim under subsection (c) that is unrelated to the acts of international terrorism carried out on September 11, 2001 . (10) 9/11 related victim of state sponsored terrorism
“source other than this Fund” applies in that section
The term “source other than this Fund” means all collateral sources, including life insurance, pension funds, death benefit programs, payments by Federal, State, or local governments, and court awarded compensation related to the act of international terrorism that gave rise to a claimant’s final judgment, except that the term does not include payments received in connection with an international claims agreement to which the United States is a state party or any other settlement of terrorism-related claims against Sudan.
“state sponsor of terrorism” applies in that section
The term “state sponsor of terrorism” means a country the government of which the Secretary of State has determined, for purposes of section 4605(j) 1 of title 50, section 2371 of title 22 , section 2780 of title 22 , or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (8) United States person
“United States person” applies in that section
The term “United States person” means a natural person who has suffered an injury arising from the actions of a foreign state for which the foreign state has been determined not to be immune from the jurisdiction of the courts of the United States under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008 ) of title 28 or is eligible to make a claim under subsection (c)(2)(B) or subsection (c)(2)(C). (9) Non-9/11 related victim of state sponsored terrorism
“Administrator” applies throughout its subchapter
the term “Administrator” means the agency head designated under section 11111(b) of this title ;
“applicant” applies throughout its subchapter
the term “applicant” means a child protective service, law enforcement, legal, medical and mental health agency or other agency that responds to child abuse cases;
“census region” applies throughout its subchapter
the term “census region” means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census regions by the Bureau of the Census as of November 4, 1992 ;
“child abuse” applies throughout its subchapter
the term “child abuse” means physical or sexual abuse or neglect of a child, including human trafficking and the production of child pornography;
“multidisciplinary response to child abuse” applies throughout its subchapter
the term “multidisciplinary response to child abuse” means a coordinated team response to child abuse that is based on mutually agreed upon procedures among the community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of child victims and their nonoffending family members;
“nonoffending family member” applies throughout its subchapter
the term “nonoffending family member” means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse;
“regional children’s advocacy program” applies throughout its subchapter
the term “regional children’s advocacy program” means the children’s advocacy program established under section 20303(a) of this title ; and;
“State chapter” applies throughout its subchapter
the term “State chapter” means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and organizational capacity support to local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
“nonprofit organization” applies in that section
the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) Prohibition The Administrator may not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 .
“unresolved audit finding” applies in that section
the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. (B) Audit The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subchapter to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
“amateur athlete” applies in that section
the terms “amateur athlete”, “amateur athletic competition”, “amateur sports organization”, “international amateur athletic competition”, and “national governing body” have the meanings given the terms in section 220501(b) of title 36 ; and;
“amateur athletic competition” applies in that section
the terms “amateur athlete”, “amateur athletic competition”, “amateur sports organization”, “international amateur athletic competition”, and “national governing body” have the meanings given the terms in section 220501(b) of title 36 ; and;
“amateur sports organization” applies in that section
the terms “amateur athlete”, “amateur athletic competition”, “amateur sports organization”, “international amateur athletic competition”, and “national governing body” have the meanings given the terms in section 220501(b) of title 36 ; and;
“as soon as possible” applies in that section
the term “as soon as possible” means within a 24-hour period. (d) Agency designated to receive report and action to be taken For all Federal lands and all federally operated (or contracted) facilities in which children are cared for or reside and for all covered individuals, the Attorney General shall designate an agency to receive and investigate the reports described in subsection (a). By formal written agreement, the designated agency may be a non-Federal agency.
“child abuse” applies in that section
the term “child abuse” means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child;
“covered individual” applies in that section
the term “covered individual” means an adult who— (A) is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; or (B) is an employee or representative of the United States Center for SafeSport;
“event” applies in that section
the term “event” includes travel, lodging, practice, competition, and health or medical treatment;
“exploitation” applies in that section
the term “exploitation” means child pornography or child prostitution;
“international amateur athletic competition” applies in that section
the terms “amateur athlete”, “amateur athletic competition”, “amateur sports organization”, “international amateur athletic competition”, and “national governing body” have the meanings given the terms in section 220501(b) of title 36 ; and;
“mental injury” applies in that section
the term “mental injury” means harm to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cognition;
“national governing body” applies in that section
the terms “amateur athlete”, “amateur athletic competition”, “amateur sports organization”, “international amateur athletic competition”, and “national governing body” have the meanings given the terms in section 220501(b) of title 36 ; and;
“negligent treatment” applies in that section
the term “negligent treatment” means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child; (8) the term “child abuse” shall not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty;
“physical injury” applies in that section
the term “physical injury” includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm;
“sexual abuse” applies in that section
the term “sexual abuse” includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
“sexually explicit conduct” applies in that section
the term “sexually explicit conduct” means actual or simulated— (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person; (B) bestiality; (C) masturbation; (D) lascivious exhibition of the genitals or pubic area of a person or animal; or (E) sadistic or masochistic abuse;
“child care services” applies in that section
the term “child care services” means child protective services (including the investigation of child abuse and neglect reports), social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), foster care, residential care, recreational or rehabilitative programs, and detention, correctional, or treatment services.
“State” applies throughout its chapter
the term “State” means any of the 50 States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2019 through 2023. Such amounts shall remain available until expended.
“Indian tribe” applies in that section
the term “Indian tribe” means a federally recognized Indian tribe or a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 ). (g) Authorization of appropriations (1) There is authorized to be appropriated for the Department of Justice $5,000,000 for fiscal year 2019 to carry out this section and, in addition, $5,000,000 for fiscal year 2019 to carry out paragraphs (3) and (4) of subsection (b). (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended.
“Assistant Attorney General” applies in that section
The term “Assistant Attorney General” means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice. (3) Eligible entity
“Assistant Secretary” applies in that section
The term “Assistant Secretary” means the Assistant Secretary for Children and Families of the Department of Health and Human Services. (2) Assistant Attorney General
“eligible entity” applies in that section
The term “eligible entity” means a State or unit of local government that— (A) has significant criminal activity involving sex trafficking of minors; (B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing sex trafficking of minors; (C) has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including— (i) building or establishing a residential care facility for minor victims of sex trafficking; (ii) the provision of rehabilitative care to minor victims of sex trafficking; (iii) the provision of specialized training for law enforcement …
“minor victim of sex trafficking” applies in that section
The term “minor victim of sex trafficking” means an individual who— (A) is younger than 18 years of age, and is a victim of an offense described in section 1591(a) of title 18 or a comparable State law; or (B) (i) is not younger than 18 years of age nor older than 20 years of age; (ii) before the individual reached 18 years of age, was described in subparagraph (A); and (iii) was receiving shelter or services as a minor victim of sex trafficking. (5) Qualified nongovernmental organization
“qualified nongovernmental organization” applies in that section
The term “qualified nongovernmental organization” means an organization that— (A) is not a State or unit of local government, or an agency of a State or unit of local government; (B) has demonstrated experience providing services to victims of sex trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of sex trafficking victims; and (C) demonstrates a plan to sustain the provision of services beyond the period of a grant awarded under this section. (6) Sex trafficking of a minor
“sex trafficking of a minor” applies in that section
The term “sex trafficking of a minor” means an offense described in section 1591(a) of title 18 or a comparable State law, against a minor. (b) Sex trafficking block grants (1) Grants authorized (A) In general The Assistant Attorney General, in consultation with the Assistant Secretary, may make block grants to 4 eligible entities located in different regions of the United States to combat sex trafficking of minors. (B) Requirement Not fewer than 1 of the block grants made under subparagraph (A) shall be awarded to an eligible entity with a State population of less than 5,000,000.
“child” applies in that section
the term “child” means a person under the age of 18;
“child advocacy center” applies in that section
the term “child advocacy center” means a center created under subtitle A of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq.); 1;
“child human trafficking” applies in that section
the term “child human trafficking” means 1 or more severe forms of trafficking in persons (as defined in section 7102 of title 22 ) involving a victim who is a child; and;
“eligible entity” applies in that section
the term “eligible entity” means a State or unit of local government that— (A) has significant criminal activity involving child human trafficking; (B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking; (C) has developed a workable, multi-disciplinary plan to combat child human trafficking, including— (i) the establishment of a shelter for victims of child human trafficking, through existing or new facilities; (ii) the provision of trauma-informed, gender-responsive rehabilitative care to victims of child human trafficking; (iii) the provision of …
“covered grant” applies in that section
the term “covered grant” means a grant awarded by the Attorney General under section 20703 of this title , as amended by section 103. (b) Accountability All covered grants shall be subject to the following accountability provisions: (1) Audit requirement (A) In general Beginning in the first fiscal year beginning after May 29, 2015 , and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of a covered grant to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (B) Definition In this paragraph,
“nonprofit organization” applies in that section
the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of title 26 . (B) Prohibition The Attorney General may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 .
“unresolved audit finding” applies in that section
the term “unresolved audit finding” means a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (C) Mandatory exclusion A recipient of a covered grant that is found to have an unresolved audit finding shall not be eligible to receive a covered grant during the following 2 fiscal years.
“related offenses” applies in that section
the term “related offenses” includes violations of tax laws, transacting in illegally derived proceeds, money laundering, racketeering, and other violations of criminal laws committed in connection with an act of sex trafficking or a severe form of trafficking in persons. (b) Multi-disciplinary approach required Grants under subsection (a) may be made only for programs in which the State or local law enforcement agency works collaboratively with social service providers and relevant nongovernmental organizations, including organizations with experience in the delivery of services to persons who are the subject of trafficking in persons.
“child” applies in that section
The term “child” means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act ( 42 U.S.C. 675(8) ). At the option of an eligible State, such term may include an individual who has not attained 26 years of age. (2) Eligible State
“eligible State” applies in that section
The term “eligible State” means a State that has not received more than 3 grants under this section and meets 1 or more of the following criteria: (A) Elimination of third party control requirement The State has eliminated or will eliminate any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of trafficking or a victim of 1 or more severe forms of trafficking in persons for purposes of accessing child welfare services and care.
“Indian tribe” applies in that section
The term “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25 . (4) State
“State” applies in that section
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Such term includes an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B of the Social Security Act ( 42 U.S.C. 679c ), or which is receiving funding to provide foster care under part E of title IV of such Act [ 42 U.S.C. 670 et seq.] pursuant to a cooperative agreement or contract with a State.
“tribal organization” applies in that section
The term “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25 . (4) State
“commercial sex act” applies throughout its chapter
The term “commercial sex act” has the meaning given the term in section 7102(4) of title 22 .
“severe forms of trafficking in persons” applies throughout its chapter
The term “severe forms of trafficking in persons” has the meaning given the term in section 7102(9) 1 of title 22. (2) Sex trafficking
“sex trafficking” applies throughout its chapter
The term “sex trafficking” has the meaning given the term in section 7102(10) 1 of title 22. (3) Commercial sex act
“act of trafficking” applies in that section
The term “act of trafficking” means an act or practice described in paragraph (9) 1 of section 7102 of title 22 . (2) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (A) a State or unit of local government; (B) a federally recognized Indian tribal government, as determined by the Secretary of the Interior; (C) a victim service provider; (D) a nonprofit or for-profit organization (including a tribal nonprofit or for-profit organization); (E) a national organization; or (F) an institution of higher education (including tribal institutions of higher education). (3) State
“State” applies in that section
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States. (4) Victim of trafficking
“victim of trafficking” applies in that section
The term “victim of trafficking” means a person subjected to an act of trafficking. (b) Grants authorized The Attorney General may award grants to eligible entities to— (1) provide training to identify and protect victims of trafficking; (2) improve the quality and quantity of services offered to trafficking survivors; and (3) improve victim service providers’ partnerships with Federal, State, tribal, and local law enforcement agencies and other relevant entities.
“commercial sex act” applies in that section
The terms “commercial sex act”, “severe forms of trafficking in persons”, “State”, and “Task Force” have the meanings given those terms in section 7102 of title 22 . (2) Covered offender
“covered offender” applies in that section
The term “covered offender” means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons. (3) Covered offense
“covered offense” applies in that section
The term “covered offense” means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons. (4) Federal law enforcement officer
“Federal law enforcement officer” applies in that section
The term “Federal law enforcement officer” has the meaning given the term in section 115 of title 18 . (5) Local law enforcement officer
“local law enforcement officer” applies in that section
The term “local law enforcement officer” means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (6) State law enforcement officer
“severe forms of trafficking in persons” applies in that section
The terms “commercial sex act”, “severe forms of trafficking in persons”, “State”, and “Task Force” have the meanings given those terms in section 7102 of title 22 . (2) Covered offender
“State” applies in that section
The terms “commercial sex act”, “severe forms of trafficking in persons”, “State”, and “Task Force” have the meanings given those terms in section 7102 of title 22 . (2) Covered offender
“State law enforcement officer” applies in that section
The term “State law enforcement officer” means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
“Task Force” applies in that section
The terms “commercial sex act”, “severe forms of trafficking in persons”, “State”, and “Task Force” have the meanings given those terms in section 7102 of title 22 . (2) Covered offender
“criminal offense” applies throughout its subchapter
The term “criminal offense” means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105–119 ( 10 U.S.C. 951 note)) or other criminal offense. (7) Expansion of definition of “specified offense against a minor” to include all offenses by child predators
“employee” applies throughout its subchapter
The term “employee” includes an individual who is self-employed or works for any other entity, whether compensated or not. (13) Resides
“jurisdiction” applies throughout its subchapter
The term “jurisdiction” means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided and subject to the requirements of section 20929 of this title , a federally recognized Indian tribe. (11) Student
“minor” applies throughout its subchapter
The term “minor” means an individual who has not attained the age of 18 years.
“resides” applies throughout its subchapter
The term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives. (14) Minor
“sex offender” applies throughout its subchapter
The term “sex offender” means an individual who was convicted of a sex offense. (2) Tier I sex offender
“sex offender registry” applies throughout its subchapter
The term “sex offender registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction. (10) Jurisdiction
“sex offense” applies throughout its subchapter
the term “sex offense” means— (i) a criminal offense that has an element involving a sexual act or sexual contact with another; (ii) a criminal offense that is a specified offense against a minor; (iii) a Federal offense (including an offense prosecuted under section 1152 or 1153 of title 18) under section 1591, or chapter 109A, 110 (other than section 2257, 2257A, or 2258), or 117, of title 18; (iv) a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105–119 ( 10 U.S.C. 951 note); or (v) an attempt or conspiracy to commit an offense described in clauses (i) through (iv).
“specified offense against a minor” applies throughout its subchapter
The term “specified offense against a minor” means an offense against a minor that involves any of the following: (A) An offense (unless committed by a parent or guardian) involving kidnapping. (B) An offense (unless committed by a parent or guardian) involving false imprisonment. (C) Solicitation to engage in sexual conduct. (D) Use in a sexual performance. (E) Solicitation to practice prostitution. (F) Video voyeurism as described in section 1801 of title 18 . (G) Possession, production, or distribution of child pornography. (H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
“student” applies throughout its subchapter
The term “student” means an individual who enrolls in or attends an educational institution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education. (12) Employee
“tier I sex offender” applies throughout its subchapter
The term “tier I sex offender” means a sex offender other than a tier II or tier III sex offender. (3) Tier II sex offender
“tier II sex offender” applies throughout its subchapter
The term “tier II sex offender” means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and— (A) is comparable to or more severe than the following offenses, when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor: (i) sex trafficking (as described in section 1591 of title 18 ); (ii) coercion and enticement (as described in section 2422(b) of title 18 ); (iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 1 of title 18; (iv) abusive sexual contact (as described in section 2244 of title 18 ); (B) involves— (i) use of a minor in a …
“tier III sex offender” applies throughout its subchapter
The term “tier III sex offender” means a sex offender whose offense is punishable by imprisonment for more than 1 year and— (A) is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense: (i) aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or (ii) abusive sexual contact (as described in section 2244 of title 18 ) against a minor who has not attained the age of 13 years; (B) involves kidnapping of a minor (unless committed by a parent or guardian); or (C) occurs after the offender becomes a tier II sex offender.
“Internet identifiers” applies in that section
the term “Internet identifiers” means electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting. (3) Other terms A term defined for the purposes of the Sex Offender Registration and Notification Act [ 34 U.S.C. 20901 et seq.] has the same meaning in this Act.
“social networking website” applies in that section
the term “social networking website”— (A) means an Internet website— (i) that allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available to the public or to other users; and (ii) that offers a mechanism for communication with other users where such users are likely to include a substantial number of minors; and (iii) whose primary purpose is to facilitate online social interactions; and (B) includes any contractors or agents used by the website to act on behalf of the website in carrying out the purposes of this Act. (2) Of “Internet identifiers” As used in this Act,
“child sexual abuse material” applies in that section
The term “child sexual abuse material” has the meaning given the term “child pornography” in section 2256 of title 18 . (2) Child sexual exploitation offense
“child sexual exploitation offense” applies in that section
The term “child sexual exploitation offense” means— (A) (i) an offense involving a minor under section 1591 or chapter 117 of title 18; (ii) an offense under subsection (a), (b), or (c) of section 2251 of title 18 ; (iii) an offense under section 2251A or 2252A(g) of title 18; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) Circle of trust offender
“circle of trust offender” applies in that section
The term “circle of trust offender” means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child. (4) Computer
“computer” applies in that section
The term “computer” has the meaning given the term in section 1030 of title 18 . (5) Contact sexual offense
“contact sexual offense” applies in that section
The term “contact sexual offense” means— (A) an offense involving a minor under chapter 109A of title 18, or any attempt or conspiracy to commit such an offense; or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) Dual offender
“dual offender” applies in that section
The term “dual offender” means— (A) a person who commits— (i) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and (ii) a contact sexual offense; and (B) without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)— (i) are committed as part of the same course of conduct; or (ii) involve the same victim. (7) Facilitator
“facilitator” applies in that section
The term “facilitator” means an individual who facilitates the commission by another individual of— (A) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or (B) a contact sexual offense. (8) ICAC affiliate partner
“ICAC affiliate partner” applies in that section
The term “ICAC affiliate partner” means a law enforcement agency that has entered into a formal operating agreement with the ICAC Task Force Program. (9) ICAC task force
“ICAC task force” applies in that section
The term “ICAC task force” means a task force that is part of the ICAC Task Force Program. (10) ICAC Task Force Program
“ICAC Task Force Program” applies in that section
The term “ICAC Task Force Program” means the National Internet Crimes Against Children Task Force Program established under section 21112 of this title . (11) Offense involving child sexual abuse material
“offense involving child sexual abuse material” applies in that section
The term “offense involving child sexual abuse material” means— (A) an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of section 2252A(a) of title 18 , or any attempt or conspiracy to commit such an offense; or (B) an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A). (12) Serious offender
“serious offender” applies in that section
The term “serious offender” means— (A) an offender who has committed a contact sexual offense or child sexual exploitation offense; (B) a dual offender, circle of trust offender, or facilitator; or (C) an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material. (13) State
“State” applies in that section
The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (14) Technology-facilitated The term “technology-facilitated”, with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense. (b) Establishment of program The Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the “Project Safe Childhood program”, in accordance with this section.
“child welfare agency” applies in that section
the term “child welfare agency” means— (1) the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act [ 42 U.S.C. 620 et seq., 670 et seq.]; and (2) any other public agency, or any other private agency under contract with the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act, that is responsible for the licensing or approval of foster or adoptive parents. (h) Definition of education terms In this section,
“elementary school” applies in that section
the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in section 7801 of title 20 .
“local educational agency” applies in that section
the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in section 7801 of title 20 .
“secondary school” applies in that section
the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in section 7801 of title 20 .