SUBCHAPTER II—VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
§20121. Legal assistance for victims
(a) In general
The purpose of this section is to enable the Attorney General to award grants to increase the availability of civil and criminal legal assistance necessary to provide effective aid to adult and youth victims of domestic violence, dating violence, stalking, or sexual assault who are seeking relief in legal matters relating to or arising out of that abuse or violence, at minimal or no cost to the victims. Criminal legal assistance provided for under this section shall be limited to criminal matters relating to or arising out of domestic violence, sexual assault, dating violence, and stalking.
(b) Definitions and grant conditions
In this section, the definitions and grant conditions provided in
(c) Legal assistance for victims grants
The Attorney General may award grants under this subsection to private nonprofit entities, Indian tribal governments and tribal organizations, territorial organizations, and publicly funded organizations not acting in a governmental capacity such as law schools, and which shall be used—
(1) to implement, expand, and establish cooperative efforts and projects between domestic violence, dating violence, and sexual assault victim service providers and legal assistance providers to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault;
(2) to implement, expand, and establish efforts and projects to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and
(3) to implement, expand, and establish efforts and projects to provide competent, supervised pro bono legal assistance for victims of domestic violence, dating violence, sexual assault, or stalking, except that not more than 10 percent of the funds awarded under this section may be used for the purpose described in this paragraph.
(d) Eligibility
To be eligible for a grant under subsection (c), applicants shall certify in writing that—
(1) any person providing legal assistance through a program funded under subsection (c) this section—" 1
(A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or
(B)(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and
(ii) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide;
(2) any training program conducted in satisfaction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault or stalking victim service provider or coalition, as well as appropriate tribal, State, territorial, and local law enforcement officials;
(3) any person or organization providing legal assistance through a program funded under subsection (c) has informed and will continue to inform State, local, or tribal domestic violence, dating violence, or sexual assault programs and coalitions, as well as appropriate State and local law enforcement officials of their work; and
(4) the grantee's organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, domestic violence, dating violence, or child sexual abuse is an issue.
(e) Evaluation
The Attorney General may evaluate the grants funded under this section through contracts or other arrangements with entities expert on domestic violence, dating violence, stalking, and sexual assault, and on evaluation research.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $57,000,000 for each of fiscal years 2014 through 2018.
(2) Allocation of funds
(A) Tribal programs
Of the amount made available under this subsection in each fiscal year, not less than 3 percent shall be used for grants for programs that assist adult and youth victims of domestic violence, dating violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe.
(B) Tribal government program
(i) In general
Not less than 7 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by
(ii) Applicability of part 2
The requirements of this section shall not apply to funds allocated for the program described in clause (i).
(C) Victims of sexual assault
Of the amount made available under this subsection in each fiscal year, not less than 25 percent shall be used for direct services, training, and technical assistance to support projects focused solely or primarily on providing legal assistance to victims of sexual assault.
(3) Nonsupplantation
Amounts made available under this section shall be used to supplement and not supplant other Federal, State, and local funds expended to further the purpose of this section.
(
References in Text
The reference to "part" in subsec. (f)(2)(B)(ii) heading, appearing in the original, is unidentifiable because title II of div. B of
Codification
Section was formerly classified to
Amendments
2013—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (f)(1).
2006—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(2).
Subsec. (e).
Subsec. (f)(1).
Subsec. (f)(2)(A).
Subsec. (f)(2)(B), (C).
Subsec. (f)(4).
2004—Subsec. (a).
Subsec. (b)(1) to (4).
Subsec. (c)(1).
Subsec. (c)(2), (3).
Subsec. (d)(1) to (3).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f)(2)(A).
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
2 See References in Text note below.
§20122. Education, training, and enhanced services to end violence against and abuse of women with disabilities
(a) In general
The Attorney General, in consultation with the Secretary of Health and Human Services, may award grants to eligible entities—
(1) to provide training, consultation, and information on domestic violence, dating violence, stalking, and sexual assault against individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (
(2) to enhance direct services to such individuals.
(b) Use of funds
Grants awarded under this section shall be used—
(1) to provide personnel, training, technical assistance, advocacy, intervention, risk reduction (including using evidence-based indicators to assess the risk of domestic and dating violence homicide) and prevention of domestic violence, dating violence, stalking, and sexual assault against disabled individuals;
(2) to conduct outreach activities to ensure that disabled individuals who are victims of domestic violence, dating violence, stalking, or sexual assault receive appropriate assistance;
(3) to conduct cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving individuals with disabilities about risk reduction, intervention, prevention and the nature of domestic violence, dating violence, stalking, and sexual assault for disabled individuals;
(4) to provide technical assistance to assist with modifications to existing policies, protocols, and procedures to ensure equal access to the services, programs, and activities of victim service providers for disabled individuals;
(5) to provide training and technical assistance on the requirements of shelters and victim service providers under Federal antidiscrimination laws, including—
(A) the Americans with Disabilities Act of 1990 [
(B)
(6) to modify facilities, purchase equipment, and provide personnel so that shelters and victim service organizations can accommodate the needs of disabled individuals;
(7) to provide advocacy and intervention services for disabled individuals who are victims of domestic violence, dating violence, stalking, or sexual assault; or
(8) to develop model programs providing advocacy and intervention services within organizations serving disabled individuals who are victims of domestic violence, dating violence, sexual assault, or stalking.
(c) Eligible entities
(1) In general
An entity shall be eligible to receive a grant under this section if the entity is—
(A) a State;
(B) a unit of local government;
(C) an Indian tribal government or tribal organization; or
(D) a victim service provider, such as a State or tribal domestic violence or sexual assault coalition or a nonprofit, nongovernmental organization serving disabled individuals.
(2) Limitation
A grant awarded for the purpose described in subsection (b)(8) shall only be awarded to an eligible agency (as defined in section 796f–5 1 of title 29).
(d) Underserved populations
In awarding grants under this section, the Director shall ensure that the needs of underserved populations are being addressed.
(e) Authorization of appropriations
There are authorized to be appropriated $9,000,000 for each of fiscal years 2014 through 2018 to carry out this section.
(
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(5)(A), is
Codification
Section was formerly classified to
Amendments
2013—Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c)(1)(D).
Subsec. (e).
2006—
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Definitions
For definitions of terms used in this section, see section 1002 of
1 See References in Text note below.
§20123. Grants for outreach and services to underserved populations
(a) Grants authorized
(1) In general
Of the amounts appropriated under the grant programs identified in paragraph (2), the Attorney General shall take 2 percent of such appropriated amounts and combine them to award grants to eligible entities described in subsection (b) of this section to develop and implement outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations and to provide victim services to meet the needs of adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in underserved populations. The requirements of the grant programs identified in paragraph (2) shall not apply to this grant program.
(2) Programs covered
The programs covered by paragraph (1) are the programs carried out under the following provisions:
(A)
(B)
(b) Eligible entities
Eligible entities under this section are—
(1) population specific organizations that have demonstrated experience and expertise in providing population specific services in the relevant underserved communities, or population specific organizations working in partnership with a victim service provider or domestic violence or sexual assault coalition;
(2) victim service providers offering population specific services for a specific underserved population; or
(3) victim service providers working in partnership with a national, State, tribal, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population.
(c) Planning grants
The Attorney General may use up to 25 percent of funds available under this section to make one-time planning grants to eligible entities to support the planning and development of specially designed and targeted programs for adult and youth victims in one or more underserved populations, including—
(1) identifying, building and strengthening partnerships with potential collaborators within underserved populations, Federal, State, tribal, territorial or local government entities, and public and private organizations;
(2) conducting a needs assessment of the community and the targeted underserved population or populations to determine what the barriers are to service access and what factors contribute to those barriers, using input from the targeted underserved population or populations;
(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; and
(4) developing a plan, with the input of the targeted underserved population or populations, for implementing prevention, outreach and intervention strategies to address the barriers to accessing services, promoting community engagement in the prevention of domestic violence, dating violence, sexual assault, and stalking within the targeted underserved populations, and evaluating the program.
(d) Implementation grants
The Attorney General shall make grants to eligible entities for the purpose of providing or enhancing population specific outreach and services to adult and youth victims in one or more underserved populations, including—
(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific services;
(2) strengthening the capacity of underserved populations to provide population specific services;
(3) strengthening the capacity of traditional victim service providers to provide population specific services;
(4) strengthening the effectiveness of criminal and civil justice interventions by providing training for law enforcement, prosecutors, judges and other court personnel on domestic violence, dating violence, sexual assault, or stalking in underserved populations; or
(5) working in cooperation with an underserved population to develop and implement outreach, education, prevention, and intervention strategies that highlight available resources and the specific issues faced by victims of domestic violence, dating violence, sexual assault, or stalking from underserved populations.
(e) Application
An eligible entity desiring a grant under this section shall submit an application to the Director of the Office on Violence Against Women at such time, in such form, and in such manner as the Director may prescribe.
(f) Reports
Each eligible entity receiving a grant under this section shall submit to the Director of the Office on Violence Against Women a report that describes the activities carried out with grant funds.
(g) Authorization of appropriations
In addition to the funds identified in subsection (a)(1), there are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018.
(h) Definitions and grant conditions
In this section the definitions and grant conditions in
(
Codification
Section was formerly classified to
Amendments
2013—
2006—Subsec. (g).
Subsec. (i).
Effective Date of 2013 Amendment
Amendment by
§20124. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking
(a) Establishment
(1) In general
Of the amounts appropriated under certain grant programs identified in paragraph (a)(2) of this Section,1 the Attorney General, through the Director of the Violence Against Women Office (referred to in this section as the "Director"), shall take 5 percent of such appropriated amounts and combine them to establish a new grant program to enhance culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants made under this new program shall be administered by the Director. The requirements of the grant programs identified in paragraph (2) shall not apply to this new grant program.
(2) Programs covered
The programs covered by paragraph (1) are the programs carried out under the following provisions:
(A)
(B)
(C)
(D)
(E)
(b) Purpose of program and grants
(1) General program purpose
The purpose of the program required by this section is to promote:
(A) The maintenance and replication of existing successful services in domestic violence, dating violence, sexual assault, and stalking community-based programs providing culturally specific services and other resources.
(B) The development of innovative culturally specific strategies and projects to enhance access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(2) Purposes for which grants may be used
The Director shall make grants to community-based programs for the purpose of enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants under the program shall support community-based efforts to address distinctive cultural responses to domestic violence, dating violence, sexual assault, and stalking, including—
(A) working with State and local governments and social service agencies to develop and enhance effective strategies to provide culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking;
(B) increasing communities' capacity to provide culturally specific resources and support for victims of domestic violence, dating violence, sexual assault, and stalking crimes and their families;
(C) strengthening criminal justice interventions, by providing training for law enforcement, prosecution, courts, probation, and correctional facilities on culturally specific responses to domestic violence, dating violence, sexual assault, and stalking;
(D) enhancing traditional services to victims of domestic violence, dating violence, sexual assault, and stalking through the leadership of culturally specific programs offering services to victims of domestic violence, dating violence, sexual assault, and stalking;
(E) working in cooperation with the community to develop education and prevention strategies highlighting culturally specific issues and resources regarding victims of domestic violence, dating violence, sexual assault, and stalking;
(F) providing culturally specific programs for children exposed to domestic violence, dating violence, sexual assault, and stalking;
(G) providing culturally specific resources and services that address the safety, economic, housing, and workplace needs of victims of domestic violence, dating violence, sexual assault, or stalking, including emergency assistance; or
(H) examining the dynamics of culture and its impact on victimization and healing.
(3) Technical assistance and training
The Director shall provide technical assistance and training to grantees of this and other programs under this Act regarding the development and provision of effective culturally specific community-based services by entering into cooperative agreements or contracts with an organization or organizations having a demonstrated expertise in and whose primary purpose is addressing the development and provision of culturally specific community-based services to victims of domestic violence, dating violence, sexual assault, and stalking.
(c) Eligible entities
Eligible entities for grants under this Section 1 include—
(1) community-based programs whose primary purpose is providing culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking; and
(2) community-based programs whose primary purpose is providing culturally specific services who can partner with a program having demonstrated expertise in serving victims of domestic violence, dating violence, sexual assault, and stalking.
(d) Reporting
The Director shall issue a biennial report on the distribution of funding under this section, the progress made in replicating and supporting increased services to victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources, and the types of culturally accessible programs, strategies, technical assistance, and training developed or enhanced through this program.
(e) Grant period
The Director shall award grants for a 2-year period, with a possible extension of another 2 years to implement projects under the grant.
(f) Evaluation
The Director shall award a contract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated expertise in and primary goal of providing enhanced cultural access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(g) Non-exclusivity
Nothing in this Section 1 shall be interpreted to exclude culturally specific community-based programs from applying to other grant programs authorized under this Act.
(h) Definitions and grant conditions
In this section the definitions and grant conditions in
(
References in Text
The parenthetical reference "(Enhanced Training and Services to End Violence Against Women Later in Life)" appearing after "
This Act, referred to in subsecs. (b)(3) and (g), is
Codification
Section was formerly classified to
Amendments
2013—
Subsec. (a)(2).
Subsec. (g).
2006—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (h).
Effective Date of 2013 Amendment
Amendment by
Effective Date
Section not effective until the beginning of fiscal year 2007, see section 4 of
1 So in original. Probably should not be capitalized.
2 See References in Text note below.
§20125. Grants to combat violent crimes on campuses
(a) Grants authorized
(1) In general
The Attorney General is authorized to make grants to institutions of higher education, for use by such institutions or consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution, to develop and strengthen effective security and investigation strategies to combat domestic violence, dating violence, sexual assault, and stalking on campuses, to develop and strengthen victim services in cases involving such crimes on campuses, which may include partnerships with local criminal justice authorities and community-based victim services agencies, and to develop and strengthen prevention education and awareness programs.
(2) Award basis
The Attorney General shall award grants and contracts under this section on a competitive basis for a period of 3 years. The Attorney General, through the Director of the Office on Violence Against Women, shall award the grants in amounts of not more than $300,000 for individual institutions of higher education and not more than $1,000,000 for consortia of such institutions.
(3) Equitable participation
The Attorney General shall make every effort to ensure—
(A) the equitable participation of private and public institutions of higher education in the activities assisted under this section;
(B) the equitable geographic distribution of grants under this section among the various regions of the United States; and
(C) the equitable distribution of grants under this section to tribal colleges and universities and traditionally black colleges and universities.
(b) Use of grant funds
Grant funds awarded under this section may be used for the following purposes:
(1) To provide personnel, training, technical assistance, data collection, and other equipment with respect to the increased apprehension, investigation, and adjudication of persons committing domestic violence, dating violence, sexual assault, and stalking on campus.
(2) To develop, strengthen, and implement campus policies, protocols, and services that more effectively identify and respond to the crimes of domestic violence, dating violence, sexual assault and stalking, including the use of technology to commit these crimes, and to train campus administrators, campus security personnel, and personnel serving on campus disciplinary or judicial boards on such policies, protocols, and services. Within 90 days after January 5, 2006, the Attorney General shall issue and make available minimum standards of training relating to domestic violence, dating violence, sexual assault, and stalking on campus, for all campus security personnel and personnel serving on campus disciplinary or judicial boards.
(3) To implement and operate education programs for the prevention of domestic violence, dating violence, sexual assault, and stalking.
(4) To develop, enlarge, or strengthen victim services programs and population specific services on the campuses of the institutions involved, including programs providing legal, medical, or psychological counseling, for victims of domestic violence, dating violence, sexual assault, and stalking, and to improve delivery of victim assistance on campus. To the extent practicable, such an institution shall collaborate with any victim service providers in the community in which the institution is located. If appropriate victim services programs are not available in the community or are not accessible to students, the institution shall, to the extent practicable, provide a victim services program on campus or create a victim services program in collaboration with a community-based organization. The institution shall use not less than 20 percent of the funds made available through the grant for a victim services program provided in accordance with this paragraph, regardless of whether the services are provided by the institution or in coordination with community victim service providers.
(5) To create, disseminate, or otherwise provide assistance and information about victims' options on and off campus to bring disciplinary or other legal action, including assistance to victims in immigration matters.
(6) To develop, install, or expand data collection and communication systems, including computerized systems, linking campus security to the local law enforcement for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions with respect to the crimes of domestic violence, dating violence, sexual assault, and stalking on campus.
(7) To provide capital improvements (including improved lighting and communications facilities but not including the construction of buildings) on campuses to address the crimes of domestic violence, dating violence, sexual assault, and stalking.
(8) To support improved coordination among campus administrators, campus security personnel, and local law enforcement to reduce domestic violence, dating violence, sexual assault, and stalking on campus.
(9) To develop or adapt and provide developmental, culturally appropriate, and linguistically accessible print or electronic materials to address both prevention and intervention in domestic violence, dating violence, sexual violence, and stalking.
(10) To develop or adapt population specific strategies and projects for victims of domestic violence, dating violence, sexual assault, and stalking from underserved populations on campus.
(c) Applications
(1) In general
In order to be eligible to be awarded a grant under this section for any fiscal year, an institution of higher education shall submit an application to the Attorney General at such time and in such manner as the Attorney General shall prescribe.
(2) Contents
Each application submitted under paragraph (1) shall—
(A) describe the need for grant funds and the plan for implementation for any of the purposes described in subsection (b);
(B) include proof that the institution of higher education collaborated with victim service providers, including domestic violence, dating violence, sexual assault, and stalking victim services programs in the community in which the institution is located;
(C) describe the characteristics of the population being served, including type of campus, demographics of the population, and number of students;
(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;
(E) provide measurable goals and expected results from the use of the grant funds;
(F) provide assurances that the Federal funds made available under this section shall be used to supplement and, to the extent practical, increase the level of funds that would, in the absence of Federal funds, be made available by the institution for the purposes described in subsection (b); and
(G) include such other information and assurances as the Attorney General reasonably determines to be necessary.
(3) Compliance with campus crime reporting required
No institution of higher education shall be eligible for a grant under this section unless such institution is in compliance with the requirements of
(d) General terms and conditions
(1) Nonmonetary assistance
In addition to the assistance provided under this section, the Attorney General may request any Federal agency to use the agency's authorities and the resources granted to the agency under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of campus security, and investigation and victim service efforts.
(2) Grantee reporting
(A) Annual report
Each institution of higher education receiving a grant under this section shall submit a performance report to the Attorney General. The Attorney General shall suspend funding under this section for an institution of higher education if the institution fails to submit such a report.
(B) Final report
Upon completion of the grant period under this section, the institution shall file a performance report with the Attorney General and the Secretary of Education explaining the activities carried out under this section together with an assessment of the effectiveness of those activities in achieving the purposes described in subsection (b).
(3) Grantee minimum requirements
Each grantee shall comply with the following minimum requirements during the grant period:
(A) The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution.
(B) The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students.
(C) The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking.
(D) The grantee shall train all members of campus disciplinary boards to respond effectively to situations involving domestic violence, dating violence, sexual assault, or stalking.
(4) Report to Congress
Not later than 180 days after the end of the fiscal year for which grants are awarded under this section, the Attorney General shall submit to Congress a report that includes—
(A) the number of grants, and the amount of funds, distributed under this section;
(B) a summary of the purposes for which the grants were provided and an evaluation of the progress made under the grant;
(C) a statistical summary of the persons served, detailing the nature of victimization, and providing data on age, sex, race, ethnicity, language, disability, relationship to offender, geographic distribution, and type of campus; and
(D) an evaluation of the effectiveness of programs funded under this part.1
(e) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $12,000,000 for each of fiscal years 2014 through 2018.
(f) Omitted
(g) Definitions and grant conditions
In this section the definitions and grant conditions in
(
References in Text
This part, referred to in subsec. (d)(4)(D), appearing in the original, is unidentifiable because title III of
Codification
Section is comprised of section 304 of
Section was formerly classified to
Amendments
2013—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(9), (10).
Subsec. (c)(2)(B).
Subsec. (c)(2)(D) to (G).
Subsec. (c)(3).
Subsec. (d)(3), (4).
Subsec. (e).
2006—Subsec. (b)(2).
Subsec. (d)(2)(A).
Subsec. (g).
Effective Date of 2013 Amendment
Amendment by
Effective Date
Section not effective until the beginning of fiscal year 2007, see section 4 of
1 See References in Text note below.
§20126. Consultation
(a) In general
The Attorney General shall conduct annual consultations with Indian tribal governments concerning the Federal administration of tribal funds and programs established under this Act, the Violence Against Women Act of 1994 (title IV of
(b) Recommendations
During consultations under subsection (a), the Secretary of Health and Human Services, the Secretary of the Interior, and the Attorney General shall solicit recommendations from Indian tribes concerning—
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, homicide, stalking, and sex trafficking;
(3) strengthening the Federal response to such violent crimes; and
(4) improving access to local, regional, State, and Federal crime information databases and criminal justice information systems.
(c) Annual report
The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that—
(1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report;
(2) describes actions taken during the year covered by the report to respond to recommendations made under subsection (b) during the year or a previous year; and
(3) describes how the Attorney General will work in coordination and collaboration with Indian tribes, the Secretary of Health and Human Services, and the Secretary of the Interior to address the recommendations made under subsection (b).
(d) Notice
Not later than 120 days before the date of a consultation under subsection (a), the Attorney General shall notify tribal leaders of the date, time, and location of the consultation.
(
References in Text
This Act, referred to in subsec. (a), is
The Violence Against Women Act of 1994, referred to in subsec. (a), is title IV of
The Violence Against Women Act of 2000, referred to in subsec. (a), is div. B of
The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (a), is
Codification
Section was formerly classified to
Amendments
2020—Subsec. (b)(2).
Subsec. (b)(4).
2013—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsecs. (c), (d).
§20127. Emergency and transitional pet shelter and housing assistance grant program
(1) Grant program
(A) In general
The Secretary, acting in consultation with the Office of the Violence Against Women 1 of the Department of Justice, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall award grants under this section to eligible entities to carry out programs to provide the assistance described in paragraph (3) with respect to victims of domestic violence, dating violence, sexual assault, or stalking and the pets, service animals, emotional support animals, or horses of such victims.
(B) Memorandum of understanding
The Secretary may enter into a memorandum of understanding with the head of another Department or agency, as appropriate, to carry out any of the authorities provided to the Secretary under this section.2
(2) Application
(A) In general
An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including—
(i) a description of the activities for which a grant under this section is sought;
(ii) such assurances as the Secretary determines to be necessary to ensure compliance by the entity with the requirements of this section; and
(iii) a certification that the entity, before engaging with any individual domestic violence victim, will disclose to the victim any mandatory duty of the entity to report instances of abuse and neglect (including instances of abuse and neglect of pets, service animals, emotional support animals, or horses).
(B) Additional requirements
In addition to the requirements of subparagraph (A), each application submitted by an eligible entity under that subparagraph shall—
(i) not include proposals for any activities that may compromise the safety of a domestic violence victim, including—
(I) background checks of domestic violence victims; or
(II) clinical evaluations to determine the eligibility of such a victim for support services;
(ii) not include proposals that would require mandatory services for victims or that a victim obtain a protective order in order to receive proposed services; and
(iii) reflect the eligible entity's understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking.
(C) Rules of construction
Nothing in this paragraph shall be construed to require—
(i) domestic violence victims to participate in the criminal justice system in order to receive services; or
(ii) eligible entities receiving a grant under this section to breach client confidentiality.
(3) Use of funds
Grants awarded under this section may only be used for programs that provide—
(A) emergency and transitional shelter and housing assistance for domestic violence victims with pets, service animals, emotional support animals, or horses, including assistance with respect to any construction or operating expenses of newly developed or existing emergency and transitional pet, service animal, emotional support animal, or horse shelter and housing (regardless of whether such shelter and housing is co-located at a victim service provider or within the community);
(B) short-term shelter and housing assistance for domestic violence victims with pets, service animals, emotional support animals, or horses, including assistance with respect to expenses incurred for the temporary shelter, housing, boarding, or fostering of the pets, service animals, emotional support animals, or horses of domestic violence victims and other expenses that are incidental to securing the safety of such a pet, service animal, emotional support animal, or horse during the sheltering, housing, or relocation of such victims;
(C) support services designed to enable a domestic violence victim who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to—
(i) locate and secure—
(I) safe housing with the victim's pet, service animal, emotional support animal, or horse; or
(II) safe accommodations for the victim's pet, service animal, emotional support animal, or horse; or
(ii) provide the victim with pet, service animal, emotional support animal, or horse related services, such as transportation, care services, and other assistance; or
(D) for the training of relevant stakeholders on—
(i) the link between domestic violence, dating violence, sexual assault, or stalking and the abuse and neglect of pets, service animals, emotional support animals, and horses;
(ii) the needs of domestic violence victims;
(iii) best practices for providing support services to such victims;
(iv) best practices for providing such victims with referrals to victims' services; and
(v) the importance of confidentiality.
(4) Grant conditions
An eligible entity that receives a grant under this section shall, as a condition of such receipt, agree—
(A) to be bound by the nondisclosure of confidential information requirements of
(B) that the entity shall not condition the receipt of support, housing, or other benefits provided pursuant to this section on the participation of domestic violence victims in any or all of the support services offered to such victims through a program carried out by the entity using grant funds.
(5) Duration of assistance provided to victims
(A) In general
Subject to subparagraph (B), assistance provided with respect to a pet, service animal, emotional support animal, or horse of a domestic violence victim using grant funds awarded under this section shall be provided for a period of not more than 24 months.
(B) Extension
An eligible entity that receives a grant under this section may extend the 24-month period referred to in subparagraph (A) for a period of not more than 6 months in the case of a domestic violence victim who—
(i) has made a good faith effort to acquire permanent housing for the victim and the victim's pet, service animal, emotional support animal, or horse during that 24-month period; and
(ii) has been unable to acquire such permanent housing within that period.
(6) Report to the Secretary
Not later than 1 year after the date on which an eligible entity receives a grant under this section and each year thereafter in which the grant funds are used, the entity shall submit to the Secretary a report that contains, with respect to assistance provided by the entity to domestic violence victims with pets, service animals, emotional support animals, or horses using grant funds received under this section, information on—
(A) the number of domestic violence victims with pets, service animals, emotional support animals, or horses provided such assistance; and
(B) the purpose, amount, type of, and duration of such assistance.
(7) Report to Congress
(A) Reporting requirement
Not later than November 1 of each even-numbered fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains a compilation of the information contained in the reports submitted under paragraph (6).
(B) Availability of report
The Secretary shall transmit a copy of the report submitted under subparagraph (A) to—
(i) the Office on Violence Against Women of the Department of Justice;
(ii) the Office of Community Planning and Development of the Department of Housing and Urban Development; and
(iii) the Administration for Children and Families of the Department of Health and Human Services.
(8) Authorization of appropriations
(A) In general
There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2019 through 2023.
(B) Limitation
Of the amount made available under subparagraph (A) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, salaries, and administrative expenses.
(9) Definitions
In this section:
(A) Domestic violence victim defined
The term "domestic violence victim" means a victim of domestic violence, dating violence, sexual assault, or stalking.
(B) Eligible entity
The term "eligible entity" means—
(i) a State;
(ii) a unit of local government;
(iii) an Indian tribe; or
(iv) any other organization that has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (as determined by the Secretary), including—
(I) a domestic violence and sexual assault victim service provider;
(II) a domestic violence and sexual assault coalition;
(III) a community-based and culturally specific organization;
(IV) any other nonprofit, nongovernmental organization; and
(V) any organization that works directly with pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in clauses (i) through (iv), including—
(aa) an animal shelter; and
(bb) an animal welfare organization.
(C) Emotional support animal
The term "emotional support animal" means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation), and that is not a service animal.
(D) Pet
The term "pet" means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes.
(E) Service animal
The term "service animal" has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation).
(F) Other terms
Except as otherwise provided in this section, terms used in this section 2 shall have the meaning given such terms in
(
References in Text
This section, referred to par. (1)(B) and the second time appearing in par. (9)(F), was so in the original, meaning section 12502 of title XII of
Codification
Section is comprised of section 12502(b) of title XII of
Definition of "Secretary"
"Secretary" means the Secretary of Agriculture, see section 2 of
1 So in original. Probably should be "Office on Violence Against Women".