34 U.s.c. 10449

34 U.S. Code § 10449 - Rape
exam payments
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U.S. Code
Notes

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(a)RESTRICTION OF FUNDS
(1)IN GENERALA 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—
(A)
incurs the full out-of-pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault; and
(B)
coordinates with health care providers in the region to notify victims of
sexual assault of the availability of rape exams at no cost to the victims.
(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 COSTSA 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—
(1)
provides such exams to victims free of charge to the victim; or
(2)
arranges for victims to obtain such exams free of charge to the victims.
(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 GENERALA State or unit of local government shall not be entitled to
funds under this subchapter unless the State or unit of local government—
(A)
certifies that its judicial administrative policies and practices include
notification to domestic violence offenders of the requirements delineated in
section 922(g)(8) and (g)(9) of title 18 and any applicable related Federal,
State, or local laws; or
(B)gives the Attorney General assurances that its judicial administrative
policies and practices will be in compliance with the requirements of
subparagraph (A) within the later of—
(i)
the period ending on the date on which the next session of the State
legislature ends; or
(ii)
2 years.
(2)REDISTRIBUTION
Funds withheld from a State or unit of local government under subsection
(a) shall be distributed to other States and units of local government, pro
rata.
(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.)