34 USC Subtitle I, CHAPTER 101, SUBCHAPTER XIX: GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
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34 USC Subtitle I, CHAPTER 101, SUBCHAPTER XIX: GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
From Title 34—CRIME CONTROL AND LAW ENFORCEMENTSubtitle I—Comprehensive ActsCHAPTER 101—JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIX—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

§10441. Purpose of program and grants

(a) General program purpose

The purpose of this subchapter is to assist States, State and local courts (including juvenile courts), Indian tribal governments, tribal courts, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women.

(b) Purposes for which grants may be used

Grants under this subchapter shall provide personnel, training, technical assistance, data collection and other resources for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women, for the protection and safety of victims, and specifically, for the purposes of—

(1) training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of section 1101(a)(15) of title 8;

(2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking;

(3) developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking, as well as the appropriate treatment of victims, including implementation of the grant conditions in section 12291(b) of this title;

(4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking;

(5) developing, enlarging, or strengthening victim services and legal assistance programs, including sexual assault, domestic violence, dating violence, and stalking programs, developing or improving delivery of victim services and legal assistance to underserved populations, providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of domestic violence, dating violence, sexual assault, and stalking;

(6) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking;

(7) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by State funds, to coordinate the response of State law enforcement agencies, prosecutors, courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, dating violence, and stalking;

(8) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault;

(9) developing, enlarging, or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of individuals 50 years of age or over, individuals with disabilities, and Deaf individuals who are victims of domestic violence, dating violence, sexual assault, or stalking, including recognizing, investigating, and prosecuting instances of such violence or assault and targeting outreach and support, counseling, legal assistance, and other victim services to such individuals;

(10) providing assistance to victims of domestic violence and sexual assault in immigration matters;

(11) maintaining core victim services and criminal justice initiatives, while supporting complementary new initiatives and emergency services for victims and their families, including rehabilitative work with offenders;

(12) supporting the placement of special victim assistants (to be known as "Jessica Gonzales Victim Assistants") in local law enforcement agencies to serve as liaisons between victims of domestic violence, dating violence, sexual assault, and stalking and personnel in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domestic violence, dating violence, sexual assault, or stalking and may undertake the following activities—

(A) developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local law enforcement agencies, including the use of evidence-based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially lethal cases;

(B) notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enforcement agency;

(C) referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter programs, hotlines, or legal assistance services); and

(D) taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order;


(13) providing funding to law enforcement agencies, victim services providers, and State, tribal, territorial, and local governments (which funding stream shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote—

(A) the development and implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to be known as "Crystal Judson Victim Advocates," to provide supportive services and advocacy for victims of domestic violence committed by law enforcement personnel;

(B) the implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police ("Domestic Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project" July 2003));

(C) the development of such protocols in collaboration with State, tribal, territorial and local victim service providers and domestic violence coalitions.


Any law enforcement, State, tribal, territorial, or local government agency receiving funding under the Crystal Judson Domestic Violence Protocol Program under paragraph (13) shall on an annual basis, receive additional training on the topic of incidents of domestic violence committed by law enforcement personnel from domestic violence and sexual assault nonprofit organizations and, after a period of 2 years, provide a report of the adopted protocol to the Department of Justice, including a summary of progress in implementing such protocol;

(14) developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to domestic violence, dating violence, sexual assault, and stalking;

(15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault;

(16) developing and strengthening policies, protocols, best practices, and training for law enforcement agencies and prosecutors relating to the investigation and prosecution of sexual assault cases and the appropriate treatment of victims;

(17) developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings;

(18) identifying and conducting inventories of backlogs of sexual assault evidence collection kits and developing protocols and policies for responding to and addressing such backlogs, including protocols and policies for notifying and involving victims;

(19) developing, enlarging, or strengthening programs and projects to provide services and responses targeting male and female victims of domestic violence, dating violence, sexual assault, or stalking, whose ability to access traditional services and responses is affected by their sexual orientation or gender identity, as defined in section 249(c) of title 18;

(20) developing, enhancing, or strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, stalking, or female genital mutilation or cutting, with not more than 5 percent of the amount allocated to a State to be used for this purpose;

(21) developing, enhancing, or strengthening programs and projects to improve evidence collection methods for victims of domestic violence, dating violence, sexual assault, or stalking, including through funding for technology that better detects bruising and injuries across skin tones and related training;

(22) developing, enlarging, or strengthening culturally specific victim services programs to provide culturally specific victim services and responses to female genital mutilation or cutting;

(23) providing victim advocates in State or local law enforcement agencies, prosecutors' offices, and courts to provide supportive services and advocacy to Indian victims of domestic violence, dating violence, sexual assault, and stalking; and

(24) paying any fees charged by any governmental authority for furnishing a victim or the child of a victim with any of the following documents:

(A) A birth certificate or passport of the individual, as required by law.

(B) An identification card issued to the individual by a State or Tribe, that shows that the individual is a resident of the State or a member of the Tribe.

(c) State coalition grants

(1) Purpose

The Attorney General shall award grants to each State domestic violence coalition and sexual assault coalition for the purposes of coordinating State victim services activities, and collaborating and coordinating with Federal, State, and local entities engaged in violence against women activities.

(2) Grants to State coalitions

The Attorney General shall award grants to—

(A) each State domestic violence coalition, as determined by the Secretary of Health and Human Services under section 10411 of title 42; and

(B) each State sexual assault coalition, as determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. 280b et seq.).

(3) Eligibility for other grants

Receipt of an award under this subsection by each State domestic violence and sexual assault coalition shall not preclude the coalition from receiving additional grants under this part to carry out the purposes described in subsection (b).

(d) Tribal coalition grants

(1) Purpose

The Attorney General shall award a grant to tribal coalitions for purposes of—

(A) increasing awareness of domestic violence and sexual assault against Indian or Native Hawaiian women;

(B) enhancing the response to violence against Indian or Native Hawaiian women at the Federal, State, and tribal levels;

(C) identifying and providing technical assistance to coalition membership and tribal communities or Native Hawaiian communities to enhance access to essential services to Indian or Native Hawaiian women victimized by domestic and sexual violence, including sex trafficking; and

(D) assisting Indian tribes or Native Hawaiian communities in developing and promoting State, local, and tribal legislation and policies that enhance best practices for responding to violent crimes against Indian or Native Hawaiian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking.

(2) Grants

The Attorney General shall award grants on an annual basis under paragraph (1) to—

(A) each tribal coalition that—

(i) meets the criteria of a tribal coalition under section 12291(a) of this title;

(ii) is recognized by the Office on Violence Against Women; and

(iii) provides services to Indian tribes or Native Hawaiian communities; and


(B) organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes or Native Hawaiian communities are located but no tribal coalition exists.

(3) Use of amounts

For each of fiscal years 2023 through 2027, of the amounts appropriated to carry out this subsection—

(A) not more than 10 percent shall be made available to organizations described in paragraph (2)(B), provided that 1 or more organizations determined by the Attorney General to be qualified apply;

(B) not less than 90 percent shall be made available to tribal coalitions described in paragraph (2)(A), which amounts shall be distributed equally among each eligible tribal coalition for the applicable fiscal year.

(4) Eligibility for other grants

Receipt of an award under this subsection by a tribal coalition shall not preclude the tribal coalition from receiving additional grants under this chapter to carry out the purposes described in paragraph (1).

(5) Multiple purpose applications

Nothing in this subsection prohibits any tribal coalition or organization described in paragraph (2) from applying for funding to address sexual assault or domestic violence needs in the same application.

(6) Native Hawaiian defined

In this subsection, the term "Native Hawaiian" has the meaning given that term in section 4221 of title 25.

(Pub. L. 90–351, title I, §2001, as added Pub. L. 103–322, title IV, §40121(a)(3), Sept. 13, 1994, 108 Stat. 1910; amended Pub. L. 106–386, div. B, title I, §§1102(a)(1), 1103(b)(1), 1109(b), title II, §1209(c), title V, §1512(a), Oct. 28, 2000, 114 Stat. 1494, 1495, 1503, 1509, 1533; Pub. L. 108–405, title III, §310(a), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, title I, §101(b), Jan. 5, 2006, 119 Stat. 2972; Pub. L. 111–320, title II, §202(c), Dec. 20, 2010, 124 Stat. 3509; Pub. L. 113–4, title I, §101(2), title IX, §902, Mar. 7, 2013, 127 Stat. 65, 119; Pub. L. 117–103, div. W, title I, §101(a)(1), Mar. 15, 2022, 136 Stat. 846; Pub. L. 117–315, §2(a), Dec. 27, 2022, 136 Stat. 4404.)


Editorial Notes

References in Text

The Public Health Service Act, referred to in subsec. (c)(2)(B), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

This chapter, referred to in subsec. (d)(4), was in the original "this title", meaning title I of Pub. L. 90–351, as added by Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

Codification

Section was formerly classified to section 3796gg of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Prior Provisions

A prior section 2001 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title.

Amendments

2022—Subsec. (b)(3). Pub. L. 117–103, §101(a)(1)(A)(i), inserted ", including implementation of the grant conditions in section 12291(b) of this title" before semicolon at end.

Subsec. (b)(5). Pub. L. 117–103, §101(a)(1)(A)(ii), inserted "and legal assistance" after "improving delivery of victim services".

Subsec. (b)(9). Pub. L. 117–103, §101(a)(1)(A)(iii), substituted "individuals 50 years of age or over, individuals with disabilities, and Deaf individuals" for "older and disabled women" and "such individuals" for "such older and disabled individuals" and inserted "legal assistance," after "counseling,".

Subsec. (b)(11). Pub. L. 117–103, §101(a)(1)(A)(iv), inserted ", including rehabilitative work with offenders" before semicolon at end.

Subsec. (b)(20). Pub. L. 117–103, §101(a)(1)(A)(vi)(I), substituted "stalking, or female genital mutilation or cutting" for "or stalking".

Subsec. (b)(21) to (24). Pub. L. 117–103, §101(a)(1)(A)(v), (vi)(II), (vii), added pars. (21) to (24).

Subsec. (d)(1)(A), (B). Pub. L. 117–315, §2(a)(1)(A), (B), inserted "or Native Hawaiian" after "Indian".

Subsec. (d)(1)(C). Pub. L. 117–315, §2(a)(1)(C), inserted "or Native Hawaiian communities" after "tribal communities" and "or Native Hawaiian" after "Indian".

Subsec. (d)(1)(D). Pub. L. 117–315, §2(a)(1)(D), inserted "or Native Hawaiian communities" after "Indian tribes" and "or Native Hawaiian" after "against Indian".

Subsec. (d)(2)(A)(iii), (B). Pub. L. 117–315, §2(a)(2), inserted "or Native Hawaiian communities" after "Indian tribes".

Subsec. (d)(3). Pub. L. 117–103, §101(a)(1)(B), substituted "2023 through 2027" for "2014 through 2018" in introductory provisions.

Subsec. (d)(6). Pub. L. 117–315, §2(a)(3), added par. (6).

2013—Subsec. (b). Pub. L. 113–4, §101(2)(A), substituted "resources" for "equipment" and inserted "for the protection and safety of victims," after "women," in introductory provisions.

Subsec. (b)(1). Pub. L. 113–4, §101(2)(B), substituted "domestic violence, dating violence, sexual assault, and stalking, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of section 1101(a)(15) of title 8" for "sexual assault, domestic violence, and dating violence".

Subsec. (b)(2). Pub. L. 113–4, §101(2)(C), substituted "domestic violence, dating violence, sexual assault, and stalking" for "sexual assault and domestic violence".

Subsec. (b)(3). Pub. L. 113–4, §101(2)(D), substituted "domestic violence, dating violence, sexual assault, and stalking, as well as the appropriate treatment of victims" for "sexual assault and domestic violence".

Subsec. (b)(4). Pub. L. 113–4, §101(2)(E), inserted ", classifying," after "identifying" and substituted "domestic violence, dating violence, sexual assault, and stalking" for "sexual assault and domestic violence".

Subsec. (b)(5). Pub. L. 113–4, §101(2)(F)(iii), substituted "domestic violence, dating violence, sexual assault, and stalking" for "sexual assault and domestic violence".

Pub. L. 113–4, §101(2)(F)(ii), which directed substitution of "domestic violence, dating violence, and stalking" for "domestic violence and dating violence", was executed by making the substitution for "domestic violence, and dating violence" to reflect the probable intent of Congress.

Pub. L. 113–4, §101(2)(F)(i), which directed insertion of "and legal assistance" after "victim services", was executed by making the insertion after "victim services" the first time appearing to reflect the probable intent of Congress.

Subsec. (b)(6). Pub. L. 113–4, §101(2)(H), substituted "domestic violence, dating violence, sexual assault, and stalking" for "sexual assault and domestic violence".

Pub. L. 113–4, §101(2)(G), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: "developing, enlarging, or strengthening programs addressing stalking;".

Subsec. (b)(7). Pub. L. 113–4, §101(2)(I), substituted "dating violence, and stalking" for "and dating violence".

Pub. L. 113–4, §101(2)(G), redesignated par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (b)(8). Pub. L. 113–4, §101(2)(G), redesignated par. (9) as (8). Former par. (8) redesignated (7).

Subsec. (b)(9). Pub. L. 113–4, §101(2)(J), substituted "domestic violence, dating violence, sexual assault, or stalking" for "domestic violence or sexual assault".

Pub. L. 113–4, §101(2)(G), redesignated par. (10) as (9). Former par. (9) redesignated (8).

Subsec. (b)(10), (11). Pub. L. 113–4, §101(2)(G), redesignated pars. (11) and (12) as (10) and (11), respectively. Former par. (10) redesignated (9).

Subsec. (b)(12). Pub. L. 113–4, §101(2)(G), redesignated par. (13) as (12). Former par. (12) redesignated (11).

Subsec. (b)(12)(A). Pub. L. 113–4, §101(2)(K)(i), substituted "the use of evidence-based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially lethal cases" for "triage protocols to ensure that dangerous or potentially lethal cases are identified and prioritized".

Subsec. (b)(12)(D). Pub. L. 113–4, §101(2)(K)(ii), struck out "and" after semicolon.

Subsec. (b)(13). Pub. L. 113–4, §101(2)(L), in introductory provisions, substituted "providing" for "to provide", struck out "nonprofit nongovernmental" before "victim services", and struck out comma after "local governments", and in concluding provisions, substituted "paragraph (13)" for "paragraph (14)" and substituted semicolon for period at end.

Pub. L. 113–4, §101(2)(G), redesignated par. (14) as (13). Former par. (13) redesignated (12).

Subsec. (b)(14). Pub. L. 113–4, §101(2)(M), added par. (14). Former par. (14) redesignated (13).

Subsec. (b)(15) to (20). Pub. L. 113–4, §101(2)(M), added pars. (15) to (20).

Subsec. (d). Pub. L. 113–4, §902, added subsec. (d) and struck out former subsec. (d) which related to tribal coalition grants.

2010—Subsec. (c)(2)(A). Pub. L. 111–320 substituted "under section 10411 of this title" for "through the Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.)".

2006—Subsec. (b). Pub. L. 109–162 added pars. (12) to (14).

2004—Subsec. (d). Pub. L. 108–405 added subsec. (d).

2000—Subsec. (a). Pub. L. 106–386, §1102(a)(1)(A), substituted "State and local courts (including juvenile courts), Indian tribal governments, tribal courts," for "Indian tribal governments,".

Subsec. (b)(1). Pub. L. 106–386, §§1102(a)(1)(B)(i), 1109(b)(1), inserted ", judges, other court personnel," after "law enforcement officers" and substituted "sexual assault, domestic violence, and dating violence" for "sexual assault and domestic violence".

Subsec. (b)(2). Pub. L. 106–386, §1102(a)(1)(B)(ii), inserted ", judges, other court personnel," after "law enforcement officers".

Subsec. (b)(3). Pub. L. 106–386, §1102(a)(1)(B)(iii), inserted ", court," after "police".

Subsec. (b)(5). Pub. L. 106–386, §§1103(b)(1)(A)(i), 1109(b)(2), substituted "including sexual assault, domestic violence, and dating violence" for "including sexual assault and domestic violence" and "underserved populations" for "racial, cultural, ethnic, and language minorities".

Subsec. (b)(8), (9). Pub. L. 106–386, §1103(b)(1)(A)(ii)–(iv), added pars. (8) and (9).

Subsec. (b)(10). Pub. L. 106–386, §1209(c), added par. (10).

Subsec. (b)(11). Pub. L. 106–386, §1512(a), added par. (11).

Subsec. (c). Pub. L. 106–386, §1103(b)(1)(B), added subsec. (c).


Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–315, §3, Dec. 27, 2022, 136 Stat. 4405, provided that: "This Act [see Short Title of 2022 Amendment note set out under section 10101 of this title] shall become effective one day after enactment [Dec. 27, 2022]."

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. 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. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.

Incentives for States To Create Sexual Assault Survivors' Bill of Rights

Pub. L. 117–263, div. E, title LIX, §5903(a), Dec. 23, 2022, 136 Stat. 3441, provided that:

"(a) Incentives for States to Create Sexual Assault Survivors' Bill of Rights.—

"(1) Definition of covered formula grant.—In this subsection, the term 'covered formula grant' means a grant under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the 'STOP Violence Against Women Formula Grant Program').

"(2) Grant increase.—The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this subsection if the State has in effect a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code.

"(3) Application.—A State seeking an increase to a covered formula grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in paragraph (2).

"(4) Period of increase.—The Attorney General may not provide an increase in the amount of the covered formula grant provided to a State under this subsection more than 4 times.

"(5) Authorization of appropriations.—There are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027 to carry out this subsection."

Standards, Practice, and Training for Sexual Assault Forensic Examinations

Pub. L. 106–386, div. B, title IV, §1405, Oct. 28, 2000, 114 Stat. 1515, provided that:

"(a) In General.—The Attorney General shall—

"(1) evaluate existing standards of training and practice for licensed health care professionals performing sexual assault forensic examinations and develop a national recommended standard for training;

"(2) recommend sexual assault forensic examination training for all health care students to improve the recognition of injuries suggestive of rape and sexual assault and baseline knowledge of appropriate referrals in victim treatment and evidence collection; and

"(3) review existing national, State, tribal, and local protocols on sexual assault forensic examinations, and based on this review, develop a recommended national protocol and establish a mechanism for its nationwide dissemination.

"(b) Consultation.—The Attorney General shall consult with national, State, tribal, and local experts in the area of rape and sexual assault, including rape crisis centers, State and tribal sexual assault and domestic violence coalitions and programs, and programs for criminal justice, forensic nursing, forensic science, emergency room medicine, law, social services, and sex crimes in underserved communities (as defined in [former] section 2003(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([former] 42 U.S.C. 3796gg–2(7)), as amended by this division).

"(c) Report.—The Attorney General shall ensure that not later than 1 year after the date of the enactment of this Act [Oct. 28, 2000], a report of the actions taken pursuant to subsection (a) is submitted to Congress.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $200,000 for fiscal year 2001."

[For definitions of terms used in section 1405 of Pub. L. 106–386, set out above, see section 1002 of Pub. L. 106–386, set out as a note under section 10447 of this title.]

§10442. Establishment of Office on Violence Against Women

(a) In general

There is hereby established within the Department of Justice, under the general authority of the Attorney General, an Office on Violence Against Women (in this subchapter referred to as the "Office").

(b) Separate office

The Office shall be a separate and distinct office within the Department of Justice, not subsumed by any other office, headed by a Director, who shall report to the Attorney General and serve as Counsel to the Attorney General on the subject of violence against women, and who shall have final authority over all grants, cooperative agreements, and contracts awarded by the Office.

(c) Jurisdiction

Under the general authority of the Attorney General, the Office—

(1) shall have sole jurisdiction over all duties and functions described in section 10444 of this title; and

(2) shall be solely responsible for coordination with other departments, agencies, or offices of all activities authorized or undertaken under—

(A) the Violence Against Women Act of 1994 (title IV of Public Law 103–322);

(B) the Violence Against Women Act of 2000 (division B of Public Law 106–386);

(C) the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960);

(D) the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54); and

(E) the Violence Against Women Act Reauthorization Act of 2022.

(Pub. L. 90–351, title I, §2002, as added Pub. L. 107–273, div. A, title IV, §402(3), Nov. 2, 2002, 116 Stat. 1789; amended Pub. L. 117–103, div. W, title IX, §901(a), Mar. 15, 2022, 136 Stat. 910.)


Editorial Notes

References in Text

The Violence Against Women Act of 1994, referred to in subsec. (c)(2)(A), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.

The Violence Against Women Act of 2000, referred to in subsec. (c)(2)(B), 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 Act note set out under section 10101 of this title and Tables.

The Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in subsec. (c)(2)(C), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960. For complete classification of this Act to the Code, see section 1 of Pub. L. 109–162, set out as a Short Title of 2006 Act note under section 10101 of this title, and Tables.

The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (c)(2)(D), is Pub. L. 113–4, Mar. 7, 2013, 127 Stat. 54. For complete classification of this Act to the Code, see section 1 of Pub. L. 113–4, set out as a Short Title of 2013 Act note under section 10101 of this title, and Tables.

The Violence Against Women Act Reauthorization Act of 2022, referred to in subsec. (c)(2)(E), is div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 840. For complete classification of this Act to the Code, see section 1 of div. W of Pub. L. 117–103, set out as a Short Title of 2022 Amendment note under section 10101 of this title, and Tables.

Codification

Section was formerly classified to section 3796gg–0 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 2002 of Pub. L. 90–351 was renumbered section 2007 and is classified to section 10446 of this title.

Amendments

2022Pub. L. 117–103, §901(a)(1), substituted "Office on Violence Against Women" for "Violence Against Women Office" in section catchline.

Subsec. (a). Pub. L. 117–103, §901(a)(2), substituted "an Office on Violence Against Women" for "a Violence Against Women Office".

Subsec. (b). Pub. L. 117–103, §901(a)(3), inserted ", not subsumed by any other office" after "within the Department of Justice".

Subsec. (c)(2). Pub. L. 117–103, §901(a)(4), substituted "authorized or undertaken under—" and subpars. (A) to (E) for "authorized or undertaken under the Violence Against Women Act of 1994 (title VI of Public 103–322) and the Violence Against Women Act of 2000 (Division B of Public Law 106–386)."


Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date

Pub. L. 107–273, div. A, title IV, §403, Nov. 2, 2002, 116 Stat. 1791, provided that: "This title [enacting this section and sections 10443 to 10445 of this title and former section 3796gg–0d of Title 42, The Public Health and Welfare, amending sections 10446 to 10450 of this title, and enacting provisions set out as a note under section 10101 of this title] shall take effect 90 days after this bill becomes law [Nov. 2, 2002]."

§10443. Director of Office on Violence Against Women

(a) Appointment

The President, by and with the advice and consent of the Senate, shall appoint a Director for the Office on Violence Against Women (in this subchapter 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), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022.

(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; amended Pub. L. 117–103, div. W, title IX, §901(b), Mar. 15, 2022, 136 Stat. 910.)


Editorial Notes

References in Text

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. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 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 Act note set out under section 10101 of this title and Tables.

The Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in subsec. (b)(2), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960. For complete classification of this Act to the Code, see section 1 of Pub. L. 109–162, set out as a Short Title of 2006 Act note under section 10101 of this title, and Tables.

The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (b)(2), is Pub. L. 113–4, Mar. 7, 2013, 127 Stat. 54. For complete classification of this Act to the Code, see section 1 of Pub. L. 113–4, set out as a Short Title of 2013 Act note under section 10101 of this title, and Tables.

The Violence Against Women Act Reauthorization Act of 2022, referred to in subsec. (b)(2), is div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 840. For complete classification of this Act to the Code, see section 1 of div. W of Pub. L. 117–103, set out as a Short Title of 2022 Amendment note under section 10101 of this title, and Tables.

Codification

Section was formerly classified to section 3796gg–0a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 2003 of Pub. L. 90–351 was renumbered section 2008 and is classified to section 10447 of this title.

Amendments

2022Pub. L. 117–103, §901(b)(1), substituted "Office on Violence Against Women" for "Violence Against Women Office" in section catchline.

Subsec. (a). Pub. L. 117–103, §901(b)(2), substituted "the Office on Violence Against Women" for "the Violence Against Women Office" and made technical amendment to reference in original act which appears in text as reference to this subchapter.

Subsec. (b)(2). Pub. L. 117–103, §901(b)(3), substituted "103–322), the Violence" for "103–322) or the Violence" and inserted before period at end ", the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022".


Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date

Section effective 90 days after Nov. 2, 2002, see section 403 of Pub. L. 107–273, set out as a note under section 10442 of this title.

§10444. Duties and functions of Director of Office on Violence Against Women

The Director shall have the following duties:

(1) Maintaining liaison with the judicial branches of the Federal and State Governments on matters relating to violence against women.

(2) Providing information to the President, the Congress, the judiciary, State, local, and tribal governments, and the general public on matters relating to violence against women.

(3) Serving, at the request of the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to violence against women.

(4) Serving, at the request of the President, acting through the Attorney General, as the representative of the United States Government on human rights and economic justice matters related to violence against women in international fora, including, but not limited to, the United Nations.

(5) Carrying out the functions of the Department of Justice under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), and the Violence Against Women Act Reauthorization Act of 2022, including with respect to those functions—

(A) the development of policy, protocols, and guidelines;

(B) the development and management of grant programs and other programs, and the provision of technical assistance under such programs; and

(C) the award and termination of grants, cooperative agreements, and contracts.


(6) Providing technical assistance, coordination, and support to—

(A) other components of the Department of Justice, in efforts to develop policy and to enforce Federal laws relating to violence against women, including the litigation of civil and criminal actions relating to enforcing such laws;

(B) other Federal, State, local, and tribal agencies, in efforts to develop policy, provide technical assistance, synchronize Federal definitions and protocols, and improve coordination among agencies carrying out efforts to eliminate violence against women, including Indian or indigenous women; and

(C) grantees, in efforts to combat violence against women and to provide support and assistance to victims of such violence.


(7) Exercising such other powers and functions as may be vested in the Director pursuant to this subchapter or by delegation of the Attorney General.

(8) Establishing such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Office.

(Pub. L. 90–351, title I, §2004, as added Pub. L. 107–273, div. A, title IV, §402(3), Nov. 2, 2002, 116 Stat. 1790; amended Pub. L. 117–103, div. W, title IX, §901(c), Mar. 15, 2022, 136 Stat. 910.)


Editorial Notes

References in Text

The Violence Against Women Act of 1994, referred to in par. (5), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.

The Violence Against Women Act of 2000, referred to in par. (5), 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 Act note set out under section 10101 of this title and Tables.

The Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in par. (5), is Pub. L. 109–162, Jan. 5, 2006, 119 Stat. 2960. For complete classification of this Act to the Code, see section 1 of Pub. L. 109–162, set out as a Short Title of 2006 Act note under section 10101 of this title, and Tables.

The Violence Against Women Reauthorization Act of 2013, referred to in par. (5), is Pub. L. 113–4, Mar. 7, 2013, 127 Stat. 54. For complete classification of this Act to the Code, see section 1 of Pub. L. 113–4, set out as a Short Title of 2013 Act note under section 10101 of this title, and Tables.

The Violence Against Women Act Reauthorization Act of 2022, referred to in par. (5), is div. W of Pub. L. 117–103, Mar. 15, 2022, 136 Stat. 840. For complete classification of this Act to the Code, see section 1 of div. W of Pub. L. 117–103, set out as a Short Title of 2022 Amendment note under section 10101 of this title, and Tables.

Codification

Section was formerly classified to section 3796gg–0b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 2004 of Pub. L. 90–351 was renumbered section 2009 and is classified to section 10448 of this title.

Amendments

2022Pub. L. 117–103, §901(c)(1), substituted "Office on Violence Against Women" for "Violence Against Women Office" in section catchline.

Par. (5). Pub. L. 117–103, §901(c)(2), in introductory provisions, substituted "103–322), the Violence" for "103–322) and the Violence" and ", the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), and the Violence Against Women Act Reauthorization Act of 2022, including with" for ", including with".

Par. (6)(B). Pub. L. 117–103, §901(c)(3), inserted "synchronize Federal definitions and protocols," before "and improve coordination".


Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date

Section effective 90 days after Nov. 2, 2002, see section 403 of Pub. L. 107–273, set out as a note under section 10442 of this title.

§10445. Staff of Office on Violence Against Women

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; amended Pub. L. 117–103, div. W, title IX, §901(d), Mar. 15, 2022, 136 Stat. 911.)


Editorial Notes

Codification

Section was formerly classified to section 3796gg–0c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 2005 of Pub. L. 90–351 was renumbered section 2010 and is classified to section 10449 of this title.

Amendments

2022Pub. L. 117–103 substituted "Office on Violence Against Women" for "Violence Against Women Office" in section catchline.


Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date

Section effective 90 days after Nov. 2, 2002, see section 403 of Pub. L. 107–273, set out as a note under section 10442 of this title.

§10446. State grants

(a) General grants

The Attorney General may make grants to States, for use by States, State and local courts (including juvenile courts), units of local government, victim service providers, and Indian tribal governments for the purposes described in section 10441(b) of this title.

(b) Amounts

Of the amounts appropriated for the purposes of this subchapter—

(1) 10 percent shall be available for grants under the program authorized by section 10452 of this title, which shall not otherwise be subject to the requirements of this subchapter (other than section 10447 of this title);

(2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 10441(c) of this title, with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, the coalition for Guam, the coalition for American Samoa, the coalition for the United States Virgin Islands, and the coalition for the Commonwealth of the Northern Mariana Islands.,1 each receiving an amount equal to 1/56 of the total amount made available under this paragraph for each fiscal year;

(3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 10441(c) of this title, with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, coalitions for Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each receiving an amount equal to 1/56 of the total amount made available under this paragraph for each fiscal year;

(4) 1/56 shall be available for grants under section 10441(d) of this title;

(5) $600,000 shall be available for grants to applicants in each State; and

(6) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio to the amount of remaining funds as the population of the State bears to the population of all of the States that results from a distribution among the States on the basis of each State's population in relation to the population of all States.

(c) Qualification

Upon satisfying the terms of subsection (d), any State shall be qualified for funds provided under this subchapter upon certification that—

(1) the funds shall be used for any of the purposes described in section 10441(b) of this title;

(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with—

(A) the State sexual assault coalition;

(B) the State domestic violence coalition;

(C) the law enforcement entities within the State;

(D) prosecution offices;

(E) State and local courts;

(F) Tribal governments in those States with State or federally recognized Indian tribes;

(G) representatives from underserved populations, including culturally specific populations;

(H) victim service providers;

(I) population specific organizations; and

(J) other entities that the State or the Attorney General identifies as needed for the planning process;


(3) grantees shall coordinate the State implementation plan described in paragraph (2) with the State plans described in section 10407 of title 42 and the programs described in section 20103 of this title and section 280b–1b of title 42.2

(4) 3 of the amount granted—

(A) not less than 25 percent shall be allocated for law enforcement;

(B) not less than 25 percent shall be allocated for prosecutors;

(C) not less than 30 percent shall be allocated for victims services of which at least 10 percent shall be distributed to culturally specific community-based organizations; and

(D) not less than 5 percent shall be allocated to State and local courts (including juvenile courts); and 4


(4) 3 any Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter.2, 5

(5) not later than 2 years after the date of enactment of this Act,5 and every year thereafter, not less than 20 percent of the total amount granted to a State under this subchapter 5 shall be allocated for programs or projects in 2 or more allocations listed in paragraph (4) that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.

(d) Application requirements

An application for a grant under this section shall include—

(1) the certifications of qualification required under subsection (c);

(2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 10449 of this title;

(3) proof of compliance with the requirements for paying fees and costs relating to domestic violence and protection order cases, described in section 10450 of this title;

(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 10451 of this title;

(5) proof of compliance with the requirements regarding training for victim-centered prosecution described in section 10454 of this title;

(6) certification of compliance with the grant conditions under section 12291(b) of this title, as applicable;

(7) an implementation plan required under subsection (i); and

(8) any other documentation that the Attorney General may require.

(e) Disbursement

(1) In general

Not later than 60 days after the receipt of an application under this subchapter, the Attorney General shall—

(A) disburse the appropriate sums provided for under this subchapter; or

(B) inform the applicant why the application does not conform to the terms of section 10181 5 of this title or to the requirements of this section.

(2) Regulations

In disbursing monies under this subchapter, the Attorney General shall issue regulations to ensure that States will—

(A) give priority to areas of varying geographic size with the greatest showing of need based on the availability of existing domestic violence, dating violence, sexual assault, and stalking programs in the population and geographic area to be served in relation to the availability of such programs in other such populations and geographic areas;

(B) determine the amount of subgrants based on the population and geographic area to be served;

(C) equitably distribute monies on a geographic basis including nonurban and rural areas of various geographic sizes; and

(D) recognize and meaningfully respond to the needs of underserved populations and ensure that monies set aside to fund culturally specific services and activities for underserved populations are distributed equitably among those populations.

(3) Conditions

In disbursing grants under this subchapter, the Attorney General may impose reasonable conditions on grant awards to ensure that the States meet statutory, regulatory, and other program requirements.

(f) Federal share

The Federal share of a grant made under this subchapter 5 may not exceed 75 percent of the total costs of the projects described in the application submitted, except that, for purposes of this subsection, the costs of the projects for victim services or tribes for which there is an exemption under section 12291(b)(1) of this title shall not count toward the total costs of the projects.

(g) Indian tribes

Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or of the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this subchapter.

(h) Grantee reporting

(1) In general

Upon completion of the grant period under this subchapter, a State or Indian tribal grantee shall file a performance report with the Attorney General explaining the activities carried out, which report shall include an assessment of the effectiveness of those activities in achieving the purposes of this subchapter.

(2) Certification by grantee and subgrantees

A section of the performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant.

(3) Suspension of funding

The Attorney General shall suspend funding for an approved application if—

(A) an applicant fails to submit an annual performance report;

(B) funds are expended for purposes other than those described in this subchapter; or

(C) a report under paragraph (1) or accompanying assessments demonstrate to the Attorney General that the program is ineffective or financially unsound.

(i) Implementation plans

A State applying for a grant under this subchapter shall—

(1) develop an implementation plan in consultation with the entities listed in subsection (c)(2), that identifies how the State will use the funds awarded under this subchapter, including how the State will meet the requirements of subsection (c)(5) and the requirements under section 12291(b) of this title, as applicable; and

(2) submit to the Attorney General—

(A) the implementation plan developed under paragraph (1);

(B) documentation from each member of the planning committee as to their participation in the planning process;

(C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing—

(i) the need for the grant funds;

(ii) the intended use of the grant funds;

(iii) the expected result of the grant funds; and

(iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, sexual orientation, gender identity, and language background;


(D) a description of how the State will ensure that any subgrantees will consult with victim service providers during the course of developing their grant applications in order to ensure that the proposed activities are designed to promote the safety, confidentiality, and economic independence of victims;

(E) demographic data on the distribution of underserved populations within the State and a description of how the State will meet the needs of underserved populations, including the minimum allocation for population specific services required under subsection (c)(4)(C);

(F) a description of how the State plans to meet the regulations issued pursuant to subsection (e)(2);

(G) goals and objectives for reducing domestic violence-related homicides within the State; and

(H) any other information requested by the Attorney General.

(j) Reallocation of funds

A State may use any returned or remaining funds for any authorized purpose under this subchapter if—

(1) funds from a subgrant awarded under this subchapter are returned to the State; or

(2) the State does not receive sufficient eligible applications to award the full funding within the allocations in subsection (c)(4).

(k) Grant increases for States with certain child custody proceeding laws and standards

(1) Definitions

In this subsection:

(A) Child custody proceeding

The term "child custody proceeding"—

(i) means a private family court proceeding in State or local court that, with respect to a child, involves the care or custody of the child in a private divorce, separation, visitation, paternity, child support, legal or physical custody, or civil protection order proceeding between the parents of the child; and

(ii) does not include—

(I) any child protective, abuse, or neglect proceeding;

(II) a juvenile justice proceeding; or

(III) any child placement proceeding in which a State, local, or Tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding.

(B) Eligible State

The term "eligible State" means a State that—

(i) receives a grant under subsection (a); and

(ii) has in effect—

(I) each law described in paragraph (3);

(II) the standards described in paragraph (4); and

(III) the training program described in paragraph (5).

(C) Reunification treatment

The term "reunification treatment" means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent or other family member of the child.

(2) Increase

(A) In general

The Attorney General shall increase the amount of a grant awarded under subsection (a) to an eligible State that submits an application under paragraph (6) by an amount that is not more than 10 percent of the average of the total amount of funding provided to the State under subsection (a) under the 3 most recent awards to the State.

(B) Term of increase

An increase of a grant under subparagraph (A) shall be for 1 fiscal year.

(C) Renewal

An eligible State that receives an increase under subparagraph (A) may submit an application for renewal of the increase at such time, in such manner, and containing such information as the Attorney General may reasonably require.

(D) Limit

An eligible State may not receive an increase under subparagraph (A) for more than 4 fiscal years.

(3) Laws

The laws described in this paragraph are the following:

(A) A law that ensures that, with respect to a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse—

(i) expert evidence from a court-appointed or outside professional relating to the alleged abuse may be admitted only if the professional possesses demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature; and

(ii) in making a finding regarding any allegation of domestic violence or child abuse, including child sexual abuse, in addition to any other relevant admissible evidence, evidence of past sexual or physical abuse committed by the accused parent shall be considered, including—

(I) any past or current protection or restraining orders against the accused parent;

(II) sexual violence abuse protection orders against the accused parent;

(III) arrests of the accused parent for domestic violence, sexual violence, or child abuse; or

(IV) convictions of the accused parent for domestic violence, sexual violence, or child abuse.


(B) A law that ensures that, during a child custody proceeding—

(i) a court may not, solely in order to improve a deficient relationship with the other parent of a child, remove the child from a parent or litigating party—

(I) who is competent, protective, and not physically or sexually abusive; and

(II) with whom the child is bonded or to whom the child is attached;


(ii) a court may not, solely in order to improve a deficient relationship with the other parent of a child, restrict contact between the child and a parent or litigating party—

(I) who is competent, protective, and not physically or sexually abusive; and

(II) with whom the child is bonded or to whom the child is attached;


(iii) a court may not order a reunification treatment, unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment;

(iv) a court may not order a reunification treatment that is predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached; and

(v) any order to remediate the resistance of a child to have contact with a violent or abusive parent primarily addresses the behavior of that parent or the contributions of that parent to the resistance of the child before ordering the other parent of the child to take steps to potentially improve the relationship of the child with the parent with whom the child resists contact.


(C) A law that requires judges and magistrates who hear child custody proceedings and other relevant court personnel involved in child custody proceedings, including guardians ad litem, best interest attorneys, counsel for children, custody evaluators, masters, and mediators to complete, with respect to the training program described in paragraph (5)—

(i) not less than 20 hours of initial training; and

(ii) not less than 15 hours of ongoing training every 5 years.

(4) Uniform required standards

The standards described in this paragraph are uniform required standards that—

(A) apply to any neutral professional appointed by a court during a child custody proceeding to express an opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and trauma; and

(B) require that a professional described in subparagraph (A) possess demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature.

(5) Training and education program

The training program described in this paragraph is an ongoing training and education program that—

(A) focuses solely on domestic and sexual violence and child abuse, including—

(i) child sexual abuse;

(ii) physical abuse;

(iii) emotional abuse;

(iv) coercive control;

(v) implicit and explicit bias, including biases relating to parents with disabilities;

(vi) trauma;

(vii) long- and short-term impacts of domestic violence and child abuse on children; and

(viii) victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;


(B) is provided by—

(i) a professional with substantial experience in assisting survivors of domestic violence or child abuse, including a victim service provider (as defined in section 12291 of this title); and

(ii) if possible, a survivor of domestic violence or child physical or sexual abuse;


(C) relies on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in subparagraph (A);

(D) does not include theories, concepts, or belief systems unsupported by the research described in subparagraph (C); and

(E) is designed to improve the ability of courts to—

(i) recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in all family victims, particularly children; and

(ii) make appropriate custody decisions that—

(I) prioritize child safety and well-being; and

(II) are culturally sensitive and appropriate for diverse communities.

(6) Application

(A) In general

An eligible State desiring a grant increase under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require.

(B) Contents

An application submitted by an eligible State under subparagraph (A) shall include information relating to—

(i) the laws described paragraph (3);

(ii) the standards described in paragraph (4); and

(iii) the training program described in paragraph (5).

(7) Use of funds

An eligible State that receives a grant increase under paragraph (2)(A) shall use the total amount of the increase for the purposes described in subparagraph (C) or (D) of subsection (c)(4).

(8) Rule of construction

Nothing in this subsection shall be interpreted as discouraging States from adopting additional provisions to increase safe outcomes for children. Additional protective provisions are encouraged.

(9) Authorization of appropriations

There are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027.

(Pub. L. 90–351, title I, §2007, formerly §2002, as added Pub. L. 103–322, title IV, §40121(a)(3), Sept. 13, 1994, 108 Stat. 1911; amended Pub. L. 106–386, div. B, title I, §§1102(a)(2), 1103(b)(2), Oct. 28, 2000, 114 Stat. 1494, 1496; renumbered §2007 and amended Pub. L. 107–273, div. A, title IV, §402(1), (2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, §310(b), (c), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, title I, §101(c)–(e), title IX, §906(b), title XI, §1134(a), Jan. 5, 2006, 119 Stat. 2973, 2974, 3081, 3108; Pub. L. 109–271, §§2(d), (f)(1), (g), (l), 7(a)(2), 8(b), Aug. 12, 2006, 120 Stat. 752, 754, 763, 766; Pub. L. 113–4, title I, §101(3), Mar. 7, 2013, 127 Stat. 66; Pub. L. 117–103, div. W, title I, §101(a)(2), title XV, §1504, Mar. 15, 2022, 136 Stat. 847, 953.)


Editorial Notes

References in Text

This subchapter, referred to in the second subsec. (c)(4), the second place it appears, and in subsec. (f), was in the original "this subtitle", 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. Title I of Pub. L. 90–351 does not contain subtitles.

The date of enactment of this Act, referred to in subsec. (c)(5), probably means the date of enactment of Pub. L. 113–4, which added subsec. (c)(5) and which was approved Mar. 7, 2013.

This subchapter, referred to in subsec. (c)(5), 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.

Section 10181 of this title, referred to in subsecs. (d) and (e)(1)(B), was in the original "section 513", and was translated as reading "section 517", meaning section 517 of title I of Pub. L. 90–351, to reflect the probable intent of Congress. Pub. L. 90–351 does not contain a section 513, but section 10181 of this title was section 513 of Pub. L. 90–351 prior to renumbering as section 517 by Pub. L. 101–647, title XVIII, §1801(a)(6), Nov. 29, 1990, 104 Stat. 4847.

Codification

Section was formerly classified to section 3796gg–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Another section 2007 of Pub. L. 90–351 was renumbered section 2015 and is classified to section 10452 of this title.

Amendments

2022—Subsec. (d)(5) to (8). Pub. L. 117–103, §101(a)(2)(A), added pars. (5) and (6) and redesignated former pars. (5) and (6) as (7) and (8), respectively.

Subsec. (i)(1). Pub. L. 117–103, §101(a)(2)(B)(i), which directed amendment of par. (1) by inserting "and the requirements under section 12291(b) of this title, as applicable" before "semicolon at the end", was executed by making the insertion before "; and", to reflect the probable intent of Congress.

Subsec. (i)(2)(C)(iv). Pub. L. 117–103, §101(a)(2)(B)(ii), inserted "sexual orientation, gender identity," after "ethnicity,".

Subsec. (j)(2). Pub. L. 117–103, §101(a)(2)(C), inserted period at end.

Subsec. (k). Pub. L. 117–103, §1504, added subsec. (k).

2013—Subsec. (a). Pub. L. 113–4, §101(3)(A), which directed substitution of "victim service providers" for "nonprofit nongovernmental victim service programs", was executed by making the substitution for "nonprofit nongovernmental victim services programs" to reflect the probable intent of Congress.

Subsec. (b)(6). Pub. L. 113–4, §101(3)(B), struck out "(not including populations of Indian tribes)" before period at end.

Subsec. (c)(2). Pub. L. 113–4, §101(3)(C)(i), added par. (2) and struck out former par. (2) which read as follows: "grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with nonprofit, nongovernmental victim services programs, including sexual assault and domestic violence victim services programs and describe how the State will address the needs of underserved populations;".

Subsec. (c)(3), (4). Pub. L. 113–4, §101(3)(C)(ii), (iii), added par. (3) and redesignated former par. (3), relating to State allocation of funds granted, as (4).

Subsec. (c)(4)(A). Pub. L. 113–4, §101(3)(C)(iv)(I), struck out "and not less than 25 percent shall be allocated for prosecutors" before semicolon at end.

Subsec. (c)(4)(B), (C). Pub. L. 113–4, §101(3)(C)(iv)(II), (III), added subpar. (B) and redesignated former subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (c)(4)(D). Pub. L. 113–4, §101(3)(C)(iv)(IV), substituted "to" for "for".

Pub. L. 113–4, §101(3)(C)(iv)(II), redesignated subpar. (C) as (D).

Subsec. (c)(5). Pub. L. 113–4, §101(3)(C)(v), added par. (5).

Subsec. (d). Pub. L. 113–4, §101(3)(D), added subsec. (d) and struck out former subsec. (d) which related to application requirements.

Subsec. (e)(2)(A). Pub. L. 113–4, §101(3)(E)(i)(I), substituted "domestic violence, dating violence, sexual assault, and stalking" for "domestic violence and sexual assault".

Subsec. (e)(2)(D). Pub. L. 113–4, §101(3)(E)(i)(II), struck out "linguistically and" before "culturally".

Subsec. (e)(3). Pub. L. 113–4, §101(3)(E)(ii), added par. (3).

Subsec. (f). Pub. L. 113–4, §101(3)(F), substituted ", except that, for purposes of this subsection, the costs of the projects for victim services or tribes for which there is an exemption under section 13925(b)(1) of this title shall not count toward the total costs of the projects." for period at end.

Subsecs. (i), (j). Pub. L. 113–4, §101(3)(G), added subsecs. (i) and (j).

2006—Subsec. (b)(1). Pub. L. 109–271, §7(a)(2), added par. (1) and struck out former par. (1) which read as follows: "Ten percent shall be available for grants under the program authorized in section 3796gg–10 of this title. The requirements of this subchapter shall not apply to funds allocated for such program."

Pub. L. 109–162, §906(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "10 percent shall be available for grants to Indian tribal governments;".

Pub. L. 109–162, §101(d)(1)(A), substituted "10 percent" for "5 percent".

Subsec. (b)(2). Pub. L. 109–271, §2(g), which directed the substitution of "the coalition for Guam, the coalition for American Samoa, the coalition for the United States Virgin Islands, and the coalition for the Commonwealth of the Northern Mariana Islands." for "and the coalitions for combined Territories of the United States", was executed by making the substitution for "and the coalition for the combined Territories of the United States", to reflect the probable intent of Congress.

Pub. L. 109–162, §101(d)(1)(B), substituted "1/56" for "1/54".

Subsec. (b)(3). Pub. L. 109–162, §101(d)(1)(C), substituted "coalitions for Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each receiving an amount equal to 1/56" for "and the coalition for the combined Territories of the United States, each receiving an amount equal to 1/54".

Subsec. (b)(4). Pub. L. 109–162, §101(d)(1)(D), substituted "1/56" for "1/54".

Subsec. (c)(2). Pub. L. 109–162, §101(c)(1), inserted "and describe how the State will address the needs of underserved populations" before semicolon at end.

Subsec. (c)(3)(A). Pub. L. 109–271, §2(l), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "not less than 25 percent shall be allocated to police and not less than 25 percent shall be allocated to prosecutors;".

Pub. L. 109–162, §1134(a)(1), which directed substitution of "law enforcement" for "police", was repealed by Pub. L. 109–271, §§2(d) and 8(b).

Subsec. (c)(3)(B). Pub. L. 109–271, §2(l), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "not less than 30 percent shall be allocated to victim services, of which at least 10 percent shall be distributed to culturally specific community-based organization; and".

Pub. L. 109–162, §101(d)(2), inserted ", of which at least 10 percent shall be distributed to culturally specific community-based organization" after "victim services".

Subsec. (d). Pub. L. 109–162, §1134(a)(2), which directed insertion of "submitted by a State" after "each application" in second sentence and substitution of "In addition, each application submitted by a State or tribal government" for "An application" in third sentence, was repealed by Pub. L. 109–271, §§2(d) and 8(b).

Subsec. (d)(4). Pub. L. 109–162, §101(d)(3), added par. (4).

Subsec. (e)(2)(D). Pub. L. 109–162, §101(c)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: "recognize and address the needs of underserved populations."

Subsec. (i). Pub. L. 109–271, §2(f)(1), struck out subsec. (i) which related to training, technical assistance, and data collection.

Pub. L. 109–162, §101(e), added subsec. (i).

2004Pub. L. 108–405, §310(b), made technical amendment to directory language of Pub. L. 107–273, §402(2), which renumbered this section as section 2007 of Pub. L. 90–351.

Subsec. (b)(4). Pub. L. 108–405, §310(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "1/54 shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault coalitions in Indian country;".

2002—Subsec. (d)(2). Pub. L. 107–273, §402(1)(A), made technical amendment to reference in original act which appears in text as reference to section 10449 of this title.

Subsec. (d)(3). Pub. L. 107–273, §402(1)(B), made technical amendment to reference in original act which appears in text as reference to section 10450 of this title.

2000—Subsec. (a). Pub. L. 106–386, §1102(a)(2)(A), inserted "State and local courts (including juvenile courts)," after "for use by States,".

Subsec. (b)(1). Pub. L. 106–386, §1103(b)(2)(B), substituted "5 percent" for "4 percent".

Subsec. (b)(2) to (4). Pub. L. 106–386, §1103(b)(2)(D), added pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and (6), respectively.

Subsec. (b)(5). Pub. L. 106–386, §1103(b)(2)(A), (C), redesignated par. (2) as (5) and substituted "$600,000" for "$500,000".

Subsec. (b)(6). Pub. L. 106–386, §1103(b)(2)(A), redesignated par. (3) as (6).

Subsec. (c)(3). Pub. L. 106–386, §1102(a)(2)(B), added par. (3) and struck out former par. (3) which read as follows: "at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following 3 areas: prosecution, law enforcement, and victim services; and".

Subsec. (d)(1). Pub. L. 106–386, §1102(a)(2)(C), inserted "court," after "law enforcement," in introductory provisions.


Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. 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 sections 101(c)–(e) and 906(b) of Pub. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.

Effective Date of 2004 Amendment

Pub. L. 108–405, title III, §310(b), Oct. 30, 2004, 118 Stat. 2276, provided that amendment by section 310(b) (amending this section and sections 10447 to 10450 of this title) is effective as of Nov. 2, 2002, and as if included in Pub. L. 107–273, as enacted.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–273 effective 90 days after Nov. 2, 2002, see section 403 of Pub. L. 107–273, set out as an Effective Date note under section 10442 of this title.

Findings

Pub. L. 117–103, div. W, title XV, §1502, Mar. 15, 2022, 136 Stat. 951, provided that: "Congress finds the following:

"(1) Approximately 1 in 15 children is exposed to domestic violence each year.

"(2) Most child abuse is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child's risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children who have witnessed intimate partner violence are approximately 4 times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.

"(3) More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child. Data of the Department of Justice shows that family members are 49 percent, or almost half, of the perpetrators of crimes against child sex assault victims younger than 6 years of age.

"(4) Research suggests a child's exposure to a batterer is among the strongest indicators of risk of incest victimization. One study found that female children with fathers who are batterers of their mothers were 6.5 times more likely to experience father-daughter incest than female children who do not have abusive fathers.

"(5) Child abuse is a major public health issue in the United States. Total lifetime financial costs associated with just 1 year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124,000,000,000 in annual costs to the economy of the United States, or approximately 1 percent of the gross domestic product of the United States.

"(6) Empirical research indicates that courts regularly discount allegations of child physical and sexual abuse when those allegations are raised in child custody cases. Courts believed less than ¼ of claims that a father has committed child physical or sexual abuse. With respect to cases in which an allegedly abusive parent claimed the mother 'alienated' the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indicates that child sexual abuse allegations are credible between 50 and 70 percent of the time.

"(7) Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts. Approximately 1/3 of parents alleged to have committed child abuse took primary custody from the protective parent reporting the abuse, placing children at ongoing risk.

"(8) Researchers have documented nearly 800 child murders in the United States since 2008 committed by a divorcing or separating parent. More than 100 of these child murders are known to have occurred after a court ordered the child to have contact with the dangerous parent over the objection of a safe parent or caregiver.

"(9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories.

"(10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, and most States have not established standards for such training."

[For definitions of terms used in section 1502 of div. W of Pub. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title.]

Purposes

Pub. L. 117–103, div. W, title XV, §1503, Mar. 15, 2022, 136 Stat. 952, provided that: "The purposes of this title [see Short Title of 2022 Amendment note set out under section 10101 of this title] are to—

"(1) increase the priority given to child safety in any State court divorce, separation, visitation, paternity, child support, civil protection order, or family custody court proceeding affecting the custody and care of children, excluding child protective, abuse, or neglect proceedings and juvenile justice proceedings;

"(2) strengthen the abilities of courts to—

"(A) recognize and adjudicate domestic violence and child abuse allegations based on valid, admissible evidence; and

"(B) enter orders that protect and minimize the risk of harm to children; and

"(3) ensure that professional personnel involved in cases containing domestic violence or child abuse allegations receive trauma-informed and culturally appropriate training on the dynamics, signs, and impact of domestic violence and child abuse, including child sexual abuse."

[For definitions of terms used in section 1503 of div. W of Pub. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title.]

1 So in original.

2 So in original. The period should probably be a semicolon.

3 So in original. There are two pars. designated "(4)".

4 So in original. The word "and" probably should not appear.

5 See References in Text note below.

§10447. Definitions and grant conditions

In this subchapter the definitions and grant conditions in section 12291 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.)


Editorial Notes

Codification

Section was formerly classified to section 3796gg–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Another section 2008 of Pub. L. 90–351 was renumbered section 2016 and is classified to section 10453 of this title.

Prior Provisions

A prior section 2008 of title I of Pub. L. 90–351, 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 part T of title I of Pub. L. 90–351, prior to repeal by Pub. L. 109–162, §3(c)(1), Jan. 5, 2006, 119 Stat. 2971.


Statutory Notes and Related Subsidiaries

Definitions and Grant Conditions Applicable to Division B of Pub. L. 106–386

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 Act note under section 10101 of this title] the definitions and grant conditions in section 40002 of the Violence Against Women Act of 1994 [34 U.S.C. 12291] shall apply."

§10448. 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.)


Editorial Notes

Codification

Section was formerly classified to section 3796gg–3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

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.

§10449. 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—

(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 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—

(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 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—

(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.)


Editorial Notes

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.

Codification

Section was formerly classified to section 3796gg–4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

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). 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. 109–162 added subsec. (c).

Subsec. (d). Pub. L. 109–271 designated existing provisions as par. (1), inserted par. heading, struck out "Nothing" before "in this section", and added par. (2).

Pub. L. 109–162 added subsec. (d).

Subsec. (e). Pub. L. 109–162 added subsec. (e).


Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. 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. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.

1 So in original. See References in Text note below.

§10450. Costs for criminal charges and protection orders

(a) In general

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, or unit of local government—

(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault, or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, sexual assault, or stalking, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction; or

(2) gives the Attorney General assurances that its laws, policies and practices will be in compliance with the requirements of paragraph (1) within the later of—

(A) the period ending on the date on which the next session of the State legislature ends; or

(B) 2 years after October 28, 2000.

(b) Redistribution

Funds withheld from a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata.

(c) Definition

In this section, the term "protection order" has the meaning given the term in section 2266 of title 18.

(Pub. L. 90–351, title I, §2011, formerly §2006, as added Pub. L. 103–322, title IV, §40121(a)(3), Sept. 13, 1994, 108 Stat. 1915; amended Pub. L. 106–386, div. B, title I, §1101(b)(1), Oct. 28, 2000, 114 Stat. 1492; renumbered §2011, 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. 113–4, title I, §101(5), Mar. 7, 2013, 127 Stat. 69.)


Editorial Notes

Codification

Section was formerly classified to section 3796gg–5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2013—Subsec. (a)(1). Pub. L. 113–4 inserted "modification, enforcement, dismissal, withdrawal" after "registration," in two places and ", dating violence, sexual assault, or stalking" after "felony domestic violence" and substituted "victim of domestic violence, dating violence, sexual assault, or stalking" for "victim of domestic violence, stalking, or sexual assault".

2000Pub. L. 106–386, §1101(b)(1)(A), in section catchline, substituted "Costs" for "Filing costs" and inserted "and protection orders" after "charges".

Subsec. (a)(1). Pub. L. 106–386, §1101(b)(1)(B)(i), added par. (1) and struck out former par. (1) which read as follows: "certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or".

Subsec. (a)(2)(B). Pub. L. 106–386, §1101(b)(1)(B)(ii), substituted "2 years after October 28, 2000" for "2 years".

Subsec. (c). Pub. L. 106–386, §1101(b)(1)(C), added subsec. (c).


Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

§10451. 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) 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.)


Editorial Notes

Codification

Section was formerly classified to section 3796gg–8 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.


Statutory Notes and Related Subsidiaries

Effective Date

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 10261 of this title.

§10452. Grants to Indian tribal governments

(a) Grants

The Attorney General may make grants to Indian tribal governments or authorized designees of Indian tribal governments to—

(1) develop and enhance effective governmental strategies to curtail violent crimes against and increase the safety of Indian women consistent with tribal law and custom;

(2) increase tribal capacity to respond to domestic violence, dating violence, sexual assault, sex trafficking, and stalking crimes against Indian women;

(3) strengthen tribal justice interventions including tribal law enforcement, prosecution, courts, probation,1 correctional facilities;

(4) enhance services to Indian women victimized by domestic violence, dating violence, sexual assault, sex trafficking, and stalking;

(5) work in cooperation with the community to develop education and prevention strategies directed toward issues of domestic violence, dating violence, sexual assault, sex trafficking, and stalking;

(6) provide programs for supervised visitation and safe visitation exchange of children in situations involving domestic violence, sexual assault, or stalking committed by one parent against the other with appropriate security measures, policies, and procedures to protect the safety of victims and their children;

(7) provide transitional housing for victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking, including rental or utilities payments assistance and assistance with related expenses such as security deposits and other costs incidental to relocation to transitional housing, and support services to enable a victim of domestic violence, dating violence, sexual assault, sex trafficking, or stalking to locate and secure permanent housing and integrate into a community;

(8) provide legal assistance necessary to provide effective aid to victims of domestic violence, dating violence, stalking, sex trafficking, or sexual assault who are seeking relief in legal matters arising as a consequence of that abuse or violence, at minimal or no cost to the victims;

(9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of youth and children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the youth or child;

(10) develop and promote legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking;

(11) develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in section 5704 of title 25; and

(12) compile and annually report data to the Attorney General related to missing or murdered Indians, as described in section 5705 of title 25.

(b) Collaboration

All applicants under this section shall demonstrate their proposal was developed in consultation with a nonprofit, nongovernmental Indian victim services program, including sexual assault and domestic violence victim services providers in the tribal or local community, or a nonprofit tribal domestic violence and sexual assault coalition to the extent that they exist. In the absence of such a demonstration, the applicant may meet the requirement of this subsection through consultation with women in the community to be served.

(Pub. L. 90–351, title I, §2015, formerly §2007, as added Pub. L. 109–162, title IX, §906(a), Jan. 5, 2006, 119 Stat. 3080; renumbered §2015 and amended Pub. L. 109–271, §7(a)(1)(A), (C), (3), Aug. 12, 2006, 120 Stat. 763; Pub. L. 113–4, title IX, §901, Mar. 7, 2013, 127 Stat. 118; Pub. L. 116–165, §7(b), Oct. 10, 2020, 134 Stat. 765.)


Editorial Notes

Codification

Section was formerly classified to section 3796gg–10 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2020—Subsec. (a)(11), (12). Pub. L. 116–165, which directed addition of pars. (11) and (12) to this section, was executed by making the addition to subsec. (a) of this section to reflect the probable intent of Congress.

2013—Subsec. (a)(2). Pub. L. 113–4, §901(1), inserted "sex trafficking," after "sexual assault,".

Subsec. (a)(4). Pub. L. 113–4, §901(2), inserted "sex trafficking," after "sexual assault,".

Subsec. (a)(5). Pub. L. 113–4, §901(3), substituted "sexual assault, sex trafficking, and stalking;" for "and stalking programs and to address the needs of children exposed to domestic violence;".

Subsec. (a)(7). Pub. L. 113–4, §901(4)(A), inserted "sex trafficking," after "sexual assault," in two places.

Subsec. (a)(8). Pub. L. 113–4, §901(5)(A), inserted "sex trafficking," after "stalking,".

Subsec. (a)(9), (10). Pub. L. 113–4, §901(4)(B), (5)(B), (6), added pars. (9) and (10).

2006—Subsec. (a). Pub. L. 109–271, §7(a)(3)(A), substituted "or authorized designees of Indian tribal governments" for "and tribal organizations" in introductory provisions and added par. (8).

Subsec. (c). Pub. L. 109–271, §7(a)(3)(B), struck out subsec. (c). Prior to amendment, text read as follows: "The Federal share of a grant made under this section may not exceed 90 percent of the total costs of the project described in the application submitted, except that the Attorney General may grant a waiver of this match requirement on the basis of demonstrated financial hardship. Funds appropriated for the activities of any agency of an Indian tribal government or of the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this section."


Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

Effective Date

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 10261 of this title.

Findings and Purposes

Pub. L. 109–162, title IX, §§901, 902, Jan. 5, 2006, 119 Stat. 3077, 3078, provided that:

"SEC. 901. FINDINGS.

"Congress finds that—

"(1) 1 out of every 3 Indian (including Alaska Native) women are raped in their lifetimes;

"(2) Indian women experience 7 sexual assaults per 1,000, compared with 4 per 1,000 among Black Americans, 3 per 1,000 among Caucasians, 2 per 1,000 among Hispanic women, and 1 per 1,000 among Asian women;

"(3) Indian women experience the violent crime of battering at a rate of 23.2 per 1,000, compared with 8 per 1,000 among Caucasian women;

"(4) during the period 1979 through 1992, homicide was the third leading cause of death of Indian females aged 15 to 34, and 75 percent were killed by family members or acquaintances;

"(5) Indian tribes require additional criminal justice and victim services resources to respond to violent assaults against women; and

"(6) the unique legal relationship of the United States to Indian tribes creates a Federal trust responsibility to assist tribal governments in safeguarding the lives of Indian women.

"SEC. 902. PURPOSES.

"The purposes of this title [see Tables for classification] are—

"(1) to decrease the incidence of violent crimes against Indian women;

"(2) to strengthen the capacity of Indian tribes to exercise their sovereign authority to respond to violent crimes committed against Indian women; and

"(3) to ensure that perpetrators of violent crimes committed against Indian women are held accountable for their criminal behavior."

National Baseline Study on Violence Against Indian Women

Pub. L. 109–162, title IX, §904(a), Jan. 5, 2006, 119 Stat. 3078, as amended by Pub. L. 113–4, title IX, §907(a), Mar. 7, 2013, 127 Stat. 125, provided that:

"(1) In general.—Not later than 2 years after the date of enactment of the Violence Against Women Reauthorization Act of 2013 [Mar. 7, 2013], the National Institute of Justice, in consultation with the Office on Violence Against Women, shall conduct a national baseline study to examine violence against Indian women in Indian country and in Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).

"(2) Scope.—

"(A) In general.—The study shall examine violence committed against Indian women, including—

"(i) domestic violence;

"(ii) dating violence;

"(iii) sexual assault;

"(iv) stalking;

"(v) murder; and

"(vi) sex trafficking.

"(B) Evaluation.—The study shall evaluate the effectiveness of Federal, State, tribal, and local responses to the violations described in subparagraph (A) committed against Indian women.

"(C) Recommendations.—The study shall propose recommendations to improve the effectiveness of Federal, State, tribal, and local responses to the violation described in subparagraph (A) committed against Indian women.

"(3) Task force.—

"(A) In general.—The Attorney General, acting through the Director of the Office on Violence Against Women, shall establish a task force to assist in the development and implementation of the study under paragraph (1) and guide implementation of the recommendation in paragraph (2)(C).

"(B) Members.—The Director shall appoint to the task force representatives from—

"(i) national tribal domestic violence and sexual assault nonprofit organizations;

"(ii) tribal governments; and

"(iii) the national tribal organizations.

"(4) Report.—Not later than 2 years after the date of enactment of the Violence Against Women Reauthorization Act of 2013 [Mar. 7, 2013], the Attorney General shall submit to the Committee on Indian Affairs of the Senate, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report that describes the study.

"(5) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $1,000,000 for each of fiscal years 2014 and 2015, to remain available until expended."

1 So in original. Probably should be followed by "and".

§10453. Tribal Deputy

(a) Establishment

There is established in the Office on Violence Against Women a Deputy Director for Tribal Affairs.

(b) Duties

(1) 1 In general

The Deputy Director shall under the guidance and authority of the Director of the Office on Violence Against Women—

(A) oversee and manage the administration of grants to and contracts with Indian tribes, tribal courts, tribal organizations, or tribal nonprofit organizations;

(B) ensure that, if a grant under this Act or a contract pursuant to such a grant is made to an organization to perform services that benefit more than 1 Indian tribe, the approval of each Indian tribe to be benefitted shall be a prerequisite to the making of the grant or letting of the contract;

(C) coordinate development of Federal policy, protocols, and guidelines on matters relating to violence against Indian women;

(D) advise the Director of the Office on Violence Against Women concerning policies, legislation, implementation of laws, and other issues relating to violence against Indian women;

(E) represent the Office on Violence Against Women in the annual consultations under section 20126 2 of this title;

(F) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to violence against Indian women, including through litigation of civil and criminal actions relating to those laws;

(G) maintain a liaison with the judicial branches of Federal, State, and tribal governments on matters relating to violence against Indian women;

(H) support enforcement of tribal protection orders and implementation of full faith and credit educational projects and comity agreements between Indian tribes and States; and

(I) ensure that adequate tribal technical assistance that is developed and provided by entities having expertise in tribal law, customary practices, and Federal Indian law is made available to Indian tribes, tribal courts, tribal organizations, and tribal nonprofit organizations for all programs relating to violence against Indian women.

(c) Authority

(1) In general

The Deputy Director shall ensure that a portion of the tribal set-aside funds from any grant awarded under this Act, the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), or the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491) is used to enhance the capacity of Indian tribes to address the safety of Indian women.

(2) Accountability

The Deputy Director shall ensure that some portion of the tribal set-aside funds from any grant made under this subchapter is used to hold offenders accountable through—

(A) enhancement of the response of Indian tribes to crimes of domestic violence, dating violence, sexual assault, and stalking against Indian women, including legal services for victims and Indian-specific offender programs;

(B) development and maintenance of tribal domestic violence shelters or programs for battered Indian women, including sexual assault services, that are based upon the unique circumstances of the Indian women to be served;

(C) development of tribal educational awareness programs and materials;

(D) support for customary tribal activities to strengthen the intolerance of an Indian tribe to violence against Indian women; and

(E) development, implementation, and maintenance of tribal electronic databases for tribal protection order registries.

(Pub. L. 90–351, title I, §2016, formerly §2008, as added Pub. L. 109–162, title IX, §907, Jan. 5, 2006, 119 Stat. 3082; renumbered §2016 and amended Pub. L. 109–271, §7(a)(1)(B), (C), (4), Aug. 12, 2006, 120 Stat. 763, 764.)


Editorial Notes

References in Text

This Act, referred to in subsecs. (b)(1)(B) and (c)(1), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables.

Section 20126 of this title, referred to in subsec. (b)(1)(E), was in the original "section 903" and was translated as meaning section 903 of Pub. L. 109–162, to reflect the probable intent of Congress, because there is no section 903 of Pub. L. 90–351.

The Violence Against Women Act of 1994, referred to in subsec. (c)(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 Short Title of 1994 Act note set out under section 10101 of this title and Tables.

The Violence Against Women Act of 2000, referred to in subsec. (c)(1), 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 Act note set out under section 10101 of this title and Tables.

Codification

Section was formerly classified to section 3796gg–11 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2006—Subsec. (b)(1)(I). Pub. L. 109–271, §7(a)(4), inserted "that is developed and provided by entities having expertise in tribal law, customary practices, and Federal Indian law" after "technical assistance".


Statutory Notes and Related Subsidiaries

Effective Date

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 10261 of this title.

1 So in original. No par. (2) has been enacted.

2 See References in Text note below.

§10454. Grant eligibility regarding compelling victim testimony

In order for a prosecutor's office to be eligible to receive grant funds under this subchapter, the head of the office shall certify, to the State, Indian Tribal government, or territorial government receiving the grant funding, that the office will, during the 3-year period beginning on the date on which the grant is awarded, engage in planning, developing and implementing—

(1) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases;

(2) policies that support a victim-centered approach, informed by such training; and

(3) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim.

(Pub. L. 90–351, title I, §2017, as added Pub. L. 117–103, div. W, title I, §101(a)(3), Mar. 15, 2022, 136 Stat. 848.)


Statutory Notes and Related Subsidiaries

Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.

§10455. Senior Policy Advisor for Culturally Specific Communities

(a) Establishment

There is established in the Office on Violence Against Women a Senior Policy Advisor for Culturally Specific Communities.

(b) Duties

The Senior Policy Advisor for Culturally Specific Communities, under the guidance and authority of the Director, shall—

(1) advise on the administration of grants related to culturally specific services and contracts with culturally specific organizations;

(2) coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;

(3) advise the Director on policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;

(4) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;

(5) ensure that appropriate technical assistance, developed and provided by entities with expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities;

(6) ensure access to grants and technical assistance for culturally specific organizations; and

(7) analyze the distribution of grant funding in order to identify barriers for culturally specific organizations.

(c) Qualifications

Not later than 120 days after March 15, 2022, the Director shall hire for the position established under subsection (a) an individual with personal, lived, and work experience from a culturally specific community, and a demonstrated history and expertise addressing domestic violence or sexual assault in a nongovernmental agency.

(Pub. L. 90–351, title I, §2018, as added Pub. L. 117–103, div. W, title IX, §902, Mar. 15, 2022, 136 Stat. 911.)


Statutory Notes and Related Subsidiaries

Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.