Part I—Violence Against Women Act Court Training and Improvements

Codification

This part was, in the original, subtitle J of title IV of Pub. L. 103–322, as added by Pub. L. 109–162, and has been redesignated as part I of this subchapter for purposes of codification.

§14043. Purpose

The purpose of this part is to enable the Attorney General, though ¹ the Director of the Office on Violence Against Women, to award grants to improve court responses to adult and youth domestic violence, dating violence, sexual assault, and stalking to be used for—

(1) improved internal civil and criminal court functions, responses, practices, and procedures;

(2) education for court-based and court-related personnel on issues relating to victims' needs, including safety, security, privacy, confidentiality, and economic independence, as well as information about perpetrator behavior and best practices for holding perpetrators accountable;

(3) collaboration and training with Federal, State, tribal, territorial, and local public agencies and officials and nonprofit, nongovernmental organizations to improve implementation and enforcement of relevant Federal, State, tribal, territorial, and local law;

(4) enabling courts or court-based or court-related programs to develop new or enhance current—

(A) court infrastructure (such as specialized courts, dockets, intake centers, or interpreter services);

(B) community-based initiatives within the court system (such as court watch programs, victim assistants, or community-based supplementary services);

(C) offender management, monitoring, and accountability programs;

(D) safe and confidential information-storage and -sharing databases within and between court systems;

(E) education and outreach programs to improve community access, including enhanced access for underserved populations; and

(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; and

(5) providing technical assistance to Federal, State, tribal, territorial, or local courts wishing to improve their practices and procedures or to develop new programs.

(Pub. L. 103–322, title IV, §41002, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2979.)

Short Title

For short title of this part as the "Violence Against Women Act Court Training and Improvements Act of 2005", see section 41001 of Pub. L. 103–322, set out as a note under section 13701 of this title.

¹ So in original. Probably should be "through".

§14043a. Grant requirements

Grants awarded under this part shall be subject to the following conditions:

(1) Eligible grantees

Eligible grantees may include—

(A) Federal, State, tribal, territorial, or local courts or court-based programs; and

(B) national, State, tribal, territorial, or local private, nonprofit organizations with demonstrated expertise in developing and providing judicial education about domestic violence, dating violence, sexual assault, or stalking.

(2) Conditions of eligibility

To be eligible for a grant under this section, applicants shall certify in writing that—

(A) any courts or court-based personnel working directly with or making decisions about adult or youth parties experiencing domestic violence, dating violence, sexual assault, and stalking have completed or will complete education about domestic violence, dating violence, sexual assault, and stalking;

(B) any education program developed under section 14043 of this title has been or will be developed with significant input from and in collaboration with a national, tribal, State, territorial, or local victim services provider or coalition; and

(C) the grantee's internal organizational policies, procedures, or rules do not require mediation or counseling between offenders and victims physically together in cases where domestic violence, dating violence, sexual assault, or stalking is an issue.

(Pub. L. 103–322, title IV, §41003, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2980.)

§14043a–1. National education curricula

(a) In general

The Attorney General, through the Director of the Office on Violence Against Women, shall fund efforts to develop a national education curriculum for use by State and national judicial educators to ensure that all courts and court personnel have access to information about relevant Federal, State, territorial, or local law, promising practices, procedures, and policies regarding court responses to adult and youth domestic violence, dating violence, sexual assault, and stalking.

(b) Eligible entities

Any curricula developed under this section—

(1) shall be developed by an entity or entities having demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence, sexual assault, and stalking; or

(2) if the primary grantee does not have demonstrated expertise with such issues, shall be developed by the primary grantee in partnership with an organization having such expertise.

(Pub. L. 103–322, title IV, §41004, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2980.)

§14043a–2. Tribal curricula

(a) In general

The Attorney General, through the Office on Violence Against Women, shall fund efforts to develop education curricula for tribal court judges to ensure that all tribal courts have relevant information about promising practices, procedures, policies, and law regarding tribal court responses to adult and youth domestic violence, dating violence, sexual assault, and stalking.

(b) Eligible entities

Any curricula developed under this section—

(1) shall be developed by a tribal organization having demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence, sexual assault, and stalking; or

(2) if the primary grantee does not have such expertise, the curricula shall be developed by the primary grantee through partnership with organizations having such expertise.

(Pub. L. 103–322, title IV, §41005, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2981.)

§14043a–3. Authorization of appropriations

(a) In general

There is authorized to be appropriated to carry out this part $5,000,000 for each of fiscal years 2007 to 2011.

(b) Availability

Funds appropriated under this section shall remain available until expended and may only be used for the specific programs and activities described in this part.

(c) Set aside

(1) In general

Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by section 3796gg–10 of this title.

(2) Applicability of part ¹

The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).

(Pub. L. 103–322, title IV, §41006, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2981; amended Pub. L. 109–271, §7(c)(2), Aug. 12, 2006, 120 Stat. 765.)

Amendments

2006—Subsec. (c). Pub. L. 109–271 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "Of the amounts made available under this subsection in each fiscal year, not less than 10 percent shall be used for grants for tribal courts, tribal court-related programs, and tribal nonprofits."

¹ So in original. Probably should be "section".