§7115 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Grants from the Attorney General or the Secretary of Health and Human Services under sections 7104(b), 7105(b), or 7105(f) are called covered grants. A covered recipient is a grantee or subgrantee that gets those funds. If the Attorney General or the HHS Secretary chooses, those grants and recipients must follow either the rules in section 40002(b)(2) of the Violence Against Women Act (34 U.S.C. 12291(b)(2)) or the rules in section 306(c)(5) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)). A covered recipient may still share personally identifying information with researchers if the research is funded by the Department of Justice, protections under 28 C.F.R. part 22 and 34 U.S.C. 10231(a) are in place, and a current privacy certificate is on file showing how those protections will be met.

Title 22, §7115

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)In this section—

(1)the term “covered grant” means a grant from the Attorney General or the Secretary of Health and Human Services under section 7104(b), 7105(b), or 7105(f) of this title; and

(2)the term “covered recipient” means a grantee or subgrantee receiving funds under a covered grant.

(b)Covered grants and covered recipients shall be subject, at the election of the Attorney General or the Secretary of Health and Human Services, as applicable, to—

(1)the conditions under section 40002(b)(2) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)) that apply with respect to grants under such Act and grantees and subgrantees for such grants; or

(2)the conditions under section 306(c)(5) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)) that apply with respect to grants under such Act [42 U.S.C. 10401 et seq.] and grantees and subgrantees for such grants.

(c)Nothing in this section shall be construed to prohibit a covered recipient from sharing personally identifying information with researchers seeking the information for the purposes of conducting research—

(1)that is funded by the Department of Justice;

(2)for which protections are in place in accordance with the requirements under part 22 of title 28, Code of Federal Regulations, or any successor thereto, and section 10231(a) of title 34; and

(3)for which a current privacy certificate is on file documenting how the researchers intend to fulfill the obligations under such part 22.

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The Violence Against Women Act of 1994, referred to in subsec. (b)(1), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see section 40001 of Pub. L. 103–322, set out as a

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of 1994 Act note under section 10101 of Title 34, Crime Control and Law

Enforcement

, and Tables. The Family Violence Prevention and Services Act, referred to in subsec. (b)(2), is title III of Pub. L. 98–457, Oct. 9, 1984, 98 Stat. 1757, which is classified generally to chapter 110 (§ 10401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 10401 of Title 42 and Tables.

§7115 Ensuring protection and confidentiality for survivors of human trafficking

Summary

Title 22, §7115

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Enforcement

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