42 U.S. Code § 3796gg–4 - Rape exam payments
(a)
Restriction of funds
(1)
In general
A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter
[1]
unless the State, Indian tribal government, unit of local government, or another governmental entity—
(2)
Redistribution
Funds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata.
(b)
Medical costs
A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity—
(c)
Use of funds
A State or Indian tribal government may use Federal grant funds under this subchapter to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers.
(d)
Noncooperation
(1)
In general
To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with subsection (b) without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement.
(2)
Compliance period
States, territories, and Indian tribal governments shall have 3 years from the date of enactment of this Act
[1]
to come into compliance with this section.
(e)
Judicial notification
(1)
In general
A State or unit of local government shall not be entitled to funds under this subchapter unless the State or unit of local government—
[1] So in original. See References in Text note below.
Source
(Pub. L. 90–351, title I, § 2010, formerly § 2005, as added Pub. L. 103–322, title IV, § 40121(a)(3),Sept. 13, 1994, 108 Stat. 1914; renumbered § 2010,Pub. L. 107–273, div. A, title IV, § 402(2),Nov. 2, 2002, 116 Stat. 1789; amended Pub. L. 108–405, title III, § 310(b),Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, title I, § 101(f),Jan. 5, 2006, 119 Stat. 2974; Pub. L. 109–271, § 2(j),Aug. 12, 2006, 120 Stat. 753; Pub. L. 113–4, title I, § 101(4),Mar. 7, 2013, 127 Stat. 69.)
References in Text
This subchapter, referred to in subsec. (a)(1), was in the original “this subchapter”, 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 date of enactment of this Act, referred to in subsec. (d)(2), probably means the date of enactment of Pub. L. 113–4, which was approved Mar. 7, 2013.
Amendments
2013—Subsec. (a)(1). Pub. L. 113–4, § 101(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) of this section for victims of sexual assault.”
Subsec. (b)(1) to (3). Pub. L. 113–4, § 101(4)(B), inserted “or” after the semicolon in par. (1), substituted a period for “; or” in par. (2), and struck out par. (3) which related to reimbursement of victims for the cost of exams under certain conditions.
Subsec. (d). Pub. L. 113–4, § 101(4)(C), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to a rule of construction and a compliance period.
2006—Subsec. (c). Pub. L. 109–162added subsec. (c).
Subsec. (d). Pub. L. 109–271designated existing provisions as par. (1), inserted par. heading, struck out “Nothing” before “in this section”, and added par. (2).
Pub. L. 109–162added subsec. (d).
Subsec. (e). Pub. L. 109–162added subsec. (e).
Effective Date of 2013 Amendment
Amendment by Pub. L. 113–4not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 ofPub. L. 113–4, set out as a note under section
2261 of Title
18, Crimes and Criminal Procedure.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–162not effective until the beginning of fiscal year 2007, see section 4 ofPub. L. 109–162, set out as a note under section
3793 of this title.
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