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Title 34 — Crime Control and Law Enforcement

Chapter 201 — Victim Rights, Compensation, and Assistance

§ 20121. Legal assistance for victims

Statutory text

(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. When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided. 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 section 12291 of this title shall apply.

(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 this section—

(A)
(i)

is a licensed attorney or is working under the direct supervision of a licensed attorney;

(ii)

in immigration proceedings, is a Board of Immigration Appeals accredited representative;

(iii)

in Veterans’ Administration claims, is an accredited representative; or

(iv)

is any person who functions as an attorney or lay advocate in Tribal court; and

(B)
(i)

has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or

(ii)
(I)

is partnered with an entity or person that has demonstrated expertise described in clause (i); 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, local, or culturally specific 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, stalking, 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 $60,000,000 for each of fiscal years 2023 through 2027.

(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 section 10452 of this title.

(ii)

Applicability of part 1

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.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Violence Against Women Act of 2000

    Pub. L. 106–386 div. B title II § 1201 · 114 Stat. 1464

    Enacted · 34 U.S.C. § 20121

    Pub. L. 106–386, div. B, title II, § 1201, Oct. 28, 2000, 114 Stat. 1504

    Source evidence

    Code source credit
    Pub. L. 106–386, div. B, title II, § 1201, Oct. 28, 2000, 114 Stat. 1504

    Enacted provision · exact public law section
    SEC. 1201. 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 legal assistance necessary to provide effective aid to victims of domestic violence, stalking, 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. (b) Definitions.— In this section: (1) Domestic Violence.— The term “domestic violence” has the meaning given the term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2). (2) Legal assistance for victims.— The term “legal assistance” includes assistance to victims of domestic violence, stalking, and sexual assault in family, immigration, administrative agency, or housing matters, protection or stay away order proceedings, and other similar matters. No funds made available under this section may be used to provide financial assistance in support of any litigation described in paragraph (14) of section 504 of Public Law 104–134. (3) Sexual assault.— The term “sexual assault” has the meaning given the term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2). (c) Legal Assistance for Victims Grants.— The Attorney General may award grants under this subsection to private non profit entities, Indian tribal governments, 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 and sexual assault victim services organizations and legal assistance providers to provide legal assistance for victims of domestic violence, stalking, and sexual assault; (2) to implement, expand, and establish efforts and projects to provide legal assistance for victims of domestic 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 provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer legal assistance to victims of domestic violence, stalking, and sexual assault. (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) has completed or will complete training in connection with domestic violence or sexual assault and related legal issues; (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 State, local, or tribal domestic violence or sexual assault program or coalition, as well as appropriate State 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 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, 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, 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 $40,000,000 for each of fiscal years 2001 through 2005. (2) Allocation of funds.— (A) Tribal programs.— Of the amount made available under this subsection in each fiscal year, not less than 5 percent shall be used for grants for programs that assist victims of domestic violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe. (B) 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.

  2. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(1) · 118 Stat. 2260

    Inserted · 34 U.S.C. § 20121(a)

    Pub. L. 108–405, § 205(1), inserted “dating violence,” after “domestic violence,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–405, § 205(1), inserted “dating violence,” after “domestic violence,”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting “dating violence,” after “domestic violence,”;

  3. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(2) · 118 Stat. 2260

    1. Added · 34 U.S.C. § 20121(b)(1)(4)

      Pub. L. 108–405, § 205(2), added par. (1)

    2. Redesignated · 34 U.S.C. § 20121(b)(1)(4)

      Pub. L. 108–405, § 205(2), redesignated former pars. (1) to (3) as (2) to (4), respectively

    3. Inserted · 34 U.S.C. § 20121(b)(1)(4)

      Pub. L. 108–405, § 205(2), inserted “dating violence,” after “domestic violence,” in par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(1) to (4). Pub. L. 108–405, § 205(2), added par. (1), redesignated former pars. (1) to (3) as (2) to (4), respectively, and inserted “dating violence,” after “domestic violence,” in par. (3).

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: “(1) Dating violence.— The term ‘dating violence’ means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of— “(A) the length of the relationship; “(B) the type of relationship; and “(C) the frequency of interaction between the persons involved in the relationship.” ; and (C) in paragraph (3), as redesignated by subparagraph (A), by inserting “dating violence,” after “domestic violence,”;

  4. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(3)(A) · 118 Stat. 2260

    Inserted · 34 U.S.C. § 20121(c)(1)

    Pub. L. 108–405, § 205(3)(A), inserted “, dating violence,” after “between domestic violence” and “dating violence,” after “victims of domestic violence,”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 108–405, § 205(3)(A), inserted “, dating violence,” after “between domestic violence” and “dating violence,” after “victims of domestic violence,”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by inserting “, dating violence,” after “between domestic violence”; and (ii) by inserting “dating violence,” after “victims of domestic violence,”;

  5. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(3)(B) · 118 Stat. 2260

    Inserted · 34 U.S.C. § 20121(c)(2); 34 U.S.C. § 20121(c)(3)

    Pub. L. 108–405, § 205(3)(B), (C), inserted “dating violence,” after “domestic violence,”

    Source evidence

    Code amendment note
    Subsec. (c)(2), (3). Pub. L. 108–405, § 205(3)(B), (C), inserted “dating violence,” after “domestic violence,”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “dating violence,” after “domestic violence,”; and

  6. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(4)(A) · 118 Stat. 2260

    Inserted · 34 U.S.C. § 20121(d)(1)(3)

    Pub. L. 108–405, § 205(4)(A)–(C), inserted “, dating violence,” after “domestic violence”

    Source evidence

    Code amendment note
    Subsec. (d)(1) to (3). Pub. L. 108–405, § 205(4)(A)–(C), inserted “, dating violence,” after “domestic violence”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “, dating violence,” after “domestic violence”;

  7. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(4)(D) · 118 Stat. 2260

    Inserted · 34 U.S.C. § 20121(d)(4)

    Pub. L. 108–405, § 205(4)(D), inserted “dating violence,” after “domestic violence,”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 108–405, § 205(4)(D), inserted “dating violence,” after “domestic violence,”.

    Enacted provision · exact public law section
    (D) in paragraph (4), by inserting “dating violence,” after “domestic violence,”;

  8. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(5) · 118 Stat. 2260

    Inserted · 34 U.S.C. § 20121(e)

    Pub. L. 108–405, § 205(5), inserted “dating violence,” after “domestic violence,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–405, § 205(5), inserted “dating violence,” after “domestic violence,”.

    Enacted provision · exact public law section
    (5) in subsection (e), by inserting “dating violence,” after “domestic violence,”; and

  9. Debbie Smith Act of 2004

    Pub. L. 108–405 § 205(6) · 118 Stat. 2260

    Inserted · 34 U.S.C. § 20121(f)(2)(A)

    Pub. L. 108–405, § 205(6), inserted “dating violence,” after “domestic violence,”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(A). Pub. L. 108–405, § 205(6), inserted “dating violence,” after “domestic violence,”.

    Enacted provision · exact public law section
    (6) in subsection (f)(2)(A), by inserting “dating violence,” after “domestic violence,”.

  10. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 103(1) · 119 Stat. 2960

    Inserted · 34 U.S.C. § 20121(a)

    Pub. L. 109–162, § 103(1), inserted “civil and criminal” after “availability of”, “adult and youth” after “effective aid to”, and “Criminal legal assistance provided for under this section shall be limited to criminal matters relating to domestic violence, sexual assault, dating violence, and stalking.” at end

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–162, § 103(1), inserted “civil and criminal” after “availability of”, “adult and youth” after “effective aid to”, and “Criminal legal assistance provided for under this section shall be limited to criminal matters relating to domestic violence, sexual assault, dating violence, and stalking.” at end.

    Enacted provision · exact public law section
    (1) in subsection (a), by— (A) inserting before “legal assistance” the following: “civil and criminal”; (B) inserting after “effective aid to” the following: “adult and youth”; and (C) inserting at the end the following: “Criminal legal assistance provided for under this section shall be limited to criminal matters relating to domestic violence, sexual assault, dating violence, and stalking.”;

  11. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 103(2) · 119 Stat. 2960

    Amended · 34 U.S.C. § 20121(b)

    Pub. L. 109–162, § 103(2), reenacted subsec. heading without change and amended text generally. Prior to amendment, text defined for purposes of this section the terms “dating violence”, “domestic violence”, “legal assistance”, and “sexual assault”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–162, § 103(2), reenacted subsec. heading without change and amended text generally. Prior to amendment, text defined for purposes of this section the terms “dating violence”, “domestic violence”, “legal assistance”, and “sexual assault”.

    Enacted provision · exact public law section
    (2) by striking subsection (b) and inserting the following: “(b) Definitions.— In this section, the definitions provided in section 40002 of the Violence Against Women Act of 1994 shall apply.” ;

  12. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 103(3) · 119 Stat. 2960

    Inserted · 34 U.S.C. § 20121(c)

    Pub. L. 109–162, § 103(3), inserted “and tribal organizations, territorial organizations” after “Indian tribal governments” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–162, § 103(3), inserted “and tribal organizations, territorial organizations” after “Indian tribal governments” in introductory provisions.

    Enacted provision · exact public law section
    (3) in subsection (c), by inserting “and tribal organizations, territorial organizations” after “Indian tribal governments”;

  13. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 103(4) · 119 Stat. 2960

    1. Added · 34 U.S.C. § 20121(d)(2)

      Pub. L. 109–162, § 103(4), added par. (2)

    2. Struck · 34 U.S.C. § 20121(d)(2)

      Pub. L. 109–162, § 103(4), struck out former par. (2) which read as follows: “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 State, local, or tribal domestic violence, dating violence, or sexual assault program or coalition, as well as appropriate State and local law enforcement officials;”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 109–162, § 103(4), added par. (2) and struck out former par. (2) which read as follows: “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 State, local, or tribal domestic violence, dating violence, or sexual assault program or coalition, as well as appropriate State and local law enforcement officials;”.

    Enacted provision · exact public law section
    (4) in subsection (d) by striking paragraph (2) and inserting the following: “(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 organization or coalition, as well as appropriate tribal, State, territorial, and local law enforcement officials;” .

  14. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 103(5) · 119 Stat. 2960

    Changed · 34 U.S.C. § 20121(e)

    Pub. L. 109–162, § 103(5), which directed amendment identical to that made by Pub. L. 108–405, § 205(5), was not executed. See 2004 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–162, § 103(5), which directed amendment identical to that made by Pub. L. 108–405, § 205(5), was not executed. See 2004 Amendment note below.

    Enacted provision · exact public law section
    (5) in subsection (e), by inserting “dating violence,” after “domestic violence,”; and

  15. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 103(6)(A) · 119 Stat. 2960

    1. Added · 34 U.S.C. § 20121(f)(1)

      Pub. L. 109–162, § 103(6)(A), added par. (1)

    2. Struck · 34 U.S.C. § 20121(f)(1)

      Pub. L. 109–162, § 103(6)(A), struck out former par. (1). Former text read as follows: “There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 109–162, § 103(6)(A), added par. (1) and struck out former par. (1). Former text read as follows: “There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.”

    Enacted provision · exact public law section
    (A) by striking paragraph (1) and inserting the following: “(1) In general.— There is authorized to be appropriated to carry out this section $65,000,000 for each of fiscal years 2007 through 2011.” ; and

  16. Pub. L. 109–271 § 7(d)(1)(A)(i) · 120 Stat. 750

    Substituted · 34 U.S.C. § 20121(f)(2)(A)

    Pub. L. 109–271, § 7(d)(1)(A)(i), substituted “3 percent” for “10 percent”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(A). Pub. L. 109–271, § 7(d)(1)(A)(i), substituted “3 percent” for “10 percent”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “10 percent” and inserting “3 percent”;

  17. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 103(6)(B) · 119 Stat. 2960

    1. Substituted · 34 U.S.C. § 20121(f)(2)(A)

      Pub. L. 109–162, § 103(6)(B), substituted “10 percent” for “5 percent”

    2. Inserted · 34 U.S.C. § 20121(f)(2)(A)

      Pub. L. 109–162, § 103(6)(B), inserted “adult and youth” after “that assist”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–162, § 103(6)(B), substituted “10 percent” for “5 percent” and inserted “adult and youth” after “that assist”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(A), by— (i) striking “5 percent” and inserting “10 percent”; and (ii) inserting “adult and youth” after “that assist”.

  18. Pub. L. 109–271 § 7(d)(1)(A)(ii) · 120 Stat. 750

    1. Added · 34 U.S.C. § 20121(f)(2)(B); 34 U.S.C. § 20121(f)(2)(C)

      Pub. L. 109–271, § 7(d)(1)(A)(ii), (iii), added subpar. (B)

    2. Redesignated · 34 U.S.C. § 20121(f)(2)(B); 34 U.S.C. § 20121(f)(2)(C)

      Pub. L. 109–271, § 7(d)(1)(A)(ii), (iii), redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (f)(2)(B), (C). Pub. L. 109–271, § 7(d)(1)(A)(ii), (iii), added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (ii) by redesignating subparagraph (B) as subparagraph (C); and

  19. Pub. L. 109–271 § 7(d)(1)(B) · 120 Stat. 750

    Struck · 34 U.S.C. § 20121(f)(4)

    Pub. L. 109–271, § 7(d)(1)(B), struck out par. (4) which read as follows: “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 in section 3796gg–10 of this title. The requirements of this paragraph shall not apply to funds allocated for such program.”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 109–271, § 7(d)(1)(B), struck out par. (4) which read as follows: “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 in section 3796gg–10 of this title. The requirements of this paragraph shall not apply to funds allocated for such program.”

    Enacted provision · exact public law section
    (B) by striking paragraph (4).

  20. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 906(f) · 119 Stat. 2960

    Added · 34 U.S.C. § 20121(f)(4)

    Pub. L. 109–162, § 906(f), formerly § 906(g), as renumbered by Pub. L. 109–271, § 7(b)(2)(B), added par. (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–162, § 906(f), formerly § 906(g), as renumbered by Pub. L. 109–271, § 7(b)(2)(B), added par. (4).

    Enacted provision · exact public law section
    (f) Authorization of Funds From the Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual Assault Program.— Section 40299(g) of the Violence Against Women Act of 1994 (42 U.S.C. 13975(g)) is amended by adding at the end the following: “(4) Tribal program.— 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 in section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968. The requirements of this paragraph shall not apply to funds allocated for such program.” .

  21. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 103(1) · 127 Stat. 54

    1. Substituted · 34 U.S.C. § 20121(a)

      Pub. L. 113–4, § 103(1), substituted “relating to or arising out of” for “arising as a consequence of”

    2. Inserted · 34 U.S.C. § 20121(a)

      Pub. L. 113–4, § 103(1), inserted “or arising out of” after “criminal matters relating to”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–4, § 103(1), substituted “relating to or arising out of” for “arising as a consequence of” and inserted “or arising out of” after “criminal matters relating to”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) in the first sentence, by striking “arising as a consequence of” and inserting “relating to or arising out of”; and (B) in the second sentence, by inserting “or arising out of” after “relating to”;

  22. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 103(2) · 127 Stat. 54

    Inserted · 34 U.S.C. § 20121(b)

    Pub. L. 113–4, § 103(2), inserted “and grant conditions” after “Definitions” in heading and after “definitions” in text

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–4, § 103(2), inserted “and grant conditions” after “Definitions” in heading and after “definitions” in text.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) in the heading, by inserting “and Grant Conditions” after “Definitions”; and (B) by inserting “and grant conditions” after “definitions”;

  23. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 103(3)(A) · 127 Stat. 54

    Substituted · 34 U.S.C. § 20121(c)(1)

    Pub. L. 113–4, § 103(3)(A), which directed the substitution of “victim service providers” for “victims services organizations”, was executed by making the substitution for “victim services organizations” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 113–4, § 103(3)(A), which directed the substitution of “victim service providers” for “victims services organizations”, was executed by making the substitution for “victim services organizations” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “victims services organizations” and inserting “victim service providers”; and

  24. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 103(3)(B) · 127 Stat. 54

    1. Added · 34 U.S.C. § 20121(c)(3)

      Pub. L. 113–4, § 103(3)(B), added par. (3)

    2. Struck · 34 U.S.C. § 20121(c)(3)

      Pub. L. 113–4, § 103(3)(B), struck out former par. (3) which read as follows: “to provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer legal assistance to victims of domestic violence, dating violence, stalking, and sexual assault.”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 113–4, § 103(3)(B), added par. (3) and struck out former par. (3) which read as follows: “to provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer legal assistance to victims of domestic violence, dating violence, stalking, and sexual assault.”

    Enacted provision · exact public law section
    (B) by striking paragraph (3) and inserting the following: “(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.” ;

  25. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 103(4)(A) · 127 Stat. 54

    Substituted · 34 U.S.C. § 20121(d)(1)

    Pub. L. 113–4, § 103(4)(A), which directed substitution of “this section—” and subpars. (A) and (B) for “this section has completed or will complete training in connection with domestic violence, dating violence, or sexual assault and related legal issues;”, was executed by making the substitution for “has completed or will complete training in connection with domestic violence, dating violence, or sexual assault and related legal issues;” to reflect the probable intent of Congress because “this section” did not appear in text prior to the amendment

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 113–4, § 103(4)(A), which directed substitution of “this section—” and subpars. (A) and (B) for “this section has completed or will complete training in connection with domestic violence, dating violence, or sexual assault and related legal issues;”, was executed by making the substitution for “has completed or will complete training in connection with domestic violence, dating violence, or sexual assault and related legal issues;” to reflect the probable intent of Congress because “this section” did not appear in text prior to the amendment.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “this section has completed” and all that follows and inserting the following: “this section—” “(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;” ; and

  26. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 103(4)(B) · 127 Stat. 54

    Substituted · 34 U.S.C. § 20121(d)(2)

    Pub. L. 113–4, § 103(4)(B), substituted “stalking victim service provider” for “stalking organization”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 113–4, § 103(4)(B), substituted “stalking victim service provider” for “stalking organization”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “stalking organization” and inserting “stalking victim service provider”; and

  27. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 103(5) · 127 Stat. 54

    Substituted · 34 U.S.C. § 20121(f)(1)

    Pub. L. 113–4, § 103(5), substituted “this section $57,000,000 for each of fiscal years 2014 through 2018.” for “this section $65,000,000 for each of fiscal years 2007 through 2011.”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 113–4, § 103(5), substituted “this section $57,000,000 for each of fiscal years 2014 through 2018.” for “this section $65,000,000 for each of fiscal years 2007 through 2011.”

    Enacted provision · exact public law section
    (5) in subsection (f) in paragraph (1), by striking “this section” and all that follows and inserting the following: “this section $57,000,000 for each of fiscal years 2014 through 2018.”.

  28. Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 103(1) · 136 Stat. 49

    Inserted · 34 U.S.C. § 20121(a)

    Pub. L. 117–103, § 103(1), inserted “When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided.” after “no cost to the victims.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–103, § 103(1), inserted “When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided.” after “no cost to the victims.”

    Enacted provision · exact public law section
    Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, Notification. Time period. That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

    Effective date note
    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.

  29. Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 103(2)(A) · 136 Stat. 49

    Amended · 34 U.S.C. § 20121(d)(1)

    Pub. L. 117–103, § 103(2)(A), amended par. (1) generally. Prior to amendment, par. (1) related to any person providing legal assistance through a program funded under subsection (c) of this section

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 117–103, § 103(2)(A), amended par. (1) generally. Prior to amendment, par. (1) related to any person providing legal assistance through a program funded under subsection (c) of this section.

    Enacted provision · exact public law section
    Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, Notification. Time period. That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

    Effective date note
    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.

  30. Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 103(2)(B) · 136 Stat. 49

    Substituted · 34 U.S.C. § 20121(d)(2)

    Pub. L. 117–103, § 103(2)(B), substituted “local, or culturally specific” for “or local”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 117–103, § 103(2)(B), substituted “local, or culturally specific” for “or local”.

    Enacted provision · exact public law section
    Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, Notification. Time period. That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

    Effective date note
    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.

  31. Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 103(2)(C) · 136 Stat. 49

    Inserted · 34 U.S.C. § 20121(d)(4)

    Pub. L. 117–103, § 103(2)(C), inserted “stalking,” after “dating violence,”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 117–103, § 103(2)(C), inserted “stalking,” after “dating violence,”.

    Enacted provision · exact public law section
    Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, Notification. Time period. That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

    Effective date note
    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.

  32. Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 103(3) · 136 Stat. 49

    1. Substituted · 34 U.S.C. § 20121(f)(1)

      Pub. L. 117–103, § 103(3), substituted “$60,000,000” for “$57,000,000”

    2. Substituted · 34 U.S.C. § 20121(f)(1)

      Pub. L. 117–103, § 103(3), substituted “2023 through 2027” for “2014 through 2018”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 117–103, § 103(3), substituted “$60,000,000” for “$57,000,000” and “2023 through 2027” for “2014 through 2018”.

    Enacted provision · exact public law section
    Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, Notification. Time period. That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

    Effective date note
    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.

41 of 41 references resolved to an enrolled provision

Editorial Notes

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 Pub. L. 106–386 does not contain parts.

Codification

Section was formerly classified to section 3796gg–6 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.

Amendments2004–2022 · 4 rounds

2022

Subsec. (a). Pub. L. 117–103, § 103(1), inserted “When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided.” after “no cost to the victims.”

Subsec. (d)(1). Pub. L. 117–103, § 103(2)(A), amended par. (1) generally. Prior to amendment, par. (1) related to any person providing legal assistance through a program funded under subsection (c) of this section.

Subsec. (d)(2). Pub. L. 117–103, § 103(2)(B), substituted “local, or culturally specific” for “or local”.

Subsec. (d)(4). Pub. L. 117–103, § 103(2)(C), inserted “stalking,” after “dating violence,”.

Subsec. (f)(1). Pub. L. 117–103, § 103(3), substituted “$60,000,000” for “$57,000,000” and “2023 through 2027” for “2014 through 2018”.

2013

Subsec. (a). Pub. L. 113–4, § 103(1), substituted “relating to or arising out of” for “arising as a consequence of” and inserted “or arising out of” after “criminal matters relating to”.

Subsec. (b). Pub. L. 113–4, § 103(2), inserted “and grant conditions” after “Definitions” in heading and after “definitions” in text.

Subsec. (c)(1). Pub. L. 113–4, § 103(3)(A), which directed the substitution of “victim service providers” for “victims services organizations”, was executed by making the substitution for “victim services organizations” to reflect the probable intent of Congress.

Subsec. (c)(3). Pub. L. 113–4, § 103(3)(B), added par. (3) and struck out former par. (3) which read as follows: “to provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer legal assistance to victims of domestic violence, dating violence, stalking, and sexual assault.”

Subsec. (d)(1). Pub. L. 113–4, § 103(4)(A), which directed substitution of “this section—” and subpars. (A) and (B) for “this section has completed or will complete training in connection with domestic violence, dating violence, or sexual assault and related legal issues;”, was executed by making the substitution for “has completed or will complete training in connection with domestic violence, dating violence, or sexual assault and related legal issues;” to reflect the probable intent of Congress because “this section” did not appear in text prior to the amendment.

Subsec. (d)(2). Pub. L. 113–4, § 103(4)(B), substituted “stalking victim service provider” for “stalking organization”.

Subsec. (f)(1). Pub. L. 113–4, § 103(5), substituted “this section $57,000,000 for each of fiscal years 2014 through 2018.” for “this section $65,000,000 for each of fiscal years 2007 through 2011.”

2006

Subsec. (a). Pub. L. 109–162, § 103(1), inserted “civil and criminal” after “availability of”, “adult and youth” after “effective aid to”, and “Criminal legal assistance provided for under this section shall be limited to criminal matters relating to domestic violence, sexual assault, dating violence, and stalking.” at end.

Subsec. (b). Pub. L. 109–162, § 103(2), reenacted subsec. heading without change and amended text generally. Prior to amendment, text defined for purposes of this section the terms “dating violence”, “domestic violence”, “legal assistance”, and “sexual assault”.

Subsec. (c). Pub. L. 109–162, § 103(3), inserted “and tribal organizations, territorial organizations” after “Indian tribal governments” in introductory provisions.

Subsec. (d)(2). Pub. L. 109–162, § 103(4), added par. (2) and struck out former par. (2) which read as follows: “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 State, local, or tribal domestic violence, dating violence, or sexual assault program or coalition, as well as appropriate State and local law enforcement officials;”.

Subsec. (e). Pub. L. 109–162, § 103(5), which directed amendment identical to that made by Pub. L. 108–405, § 205(5), was not executed. See 2004 Amendment note below.

Subsec. (f)(1). Pub. L. 109–162, § 103(6)(A), added par. (1) and struck out former par. (1). Former text read as follows: “There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.”

Subsec. (f)(2)(A). Pub. L. 109–271, § 7(d)(1)(A)(i), substituted “3 percent” for “10 percent”.

Pub. L. 109–162, § 103(6)(B), substituted “10 percent” for “5 percent” and inserted “adult and youth” after “that assist”.

Subsec. (f)(2)(B), (C). Pub. L. 109–271, § 7(d)(1)(A)(ii), (iii), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (f)(4). Pub. L. 109–271, § 7(d)(1)(B), struck out par. (4) which read as follows: “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 in section 3796gg–10 of this title. The requirements of this paragraph shall not apply to funds allocated for such program.”

Pub. L. 109–162, § 906(f), formerly § 906(g), as renumbered by Pub. L. 109–271, § 7(b)(2)(B), added par. (4).

2004

Subsec. (a). Pub. L. 108–405, § 205(1), inserted “dating violence,” after “domestic violence,”.

Subsec. (b)(1) to (4). Pub. L. 108–405, § 205(2), added par. (1), redesignated former pars. (1) to (3) as (2) to (4), respectively, and inserted “dating violence,” after “domestic violence,” in par. (3).

Subsec. (c)(1). Pub. L. 108–405, § 205(3)(A), inserted “, dating violence,” after “between domestic violence” and “dating violence,” after “victims of domestic violence,”.

Subsec. (c)(2), (3). Pub. L. 108–405, § 205(3)(B), (C), inserted “dating violence,” after “domestic violence,”.

Subsec. (d)(1) to (3). Pub. L. 108–405, § 205(4)(A)–(C), inserted “, dating violence,” after “domestic violence”.

Subsec. (d)(4). Pub. L. 108–405, § 205(4)(D), inserted “dating violence,” after “domestic violence,”.

Subsec. (e). Pub. L. 108–405, § 205(5), inserted “dating violence,” after “domestic violence,”.

Subsec. (f)(2)(A). Pub. L. 108–405, § 205(6), inserted “dating violence,” after “domestic violence,”.

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 , 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 , 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.

Credits

2000–2022 · 6 acts
  1. 2000Pub. L. 106–386, div. B, title II, § 1201, , 114 Stat. 1504
  2. 2004Pub. L. 108–405, title II, § 205, , 118 Stat. 2271
  3. 2006Pub. L. 109–162, title I, § 103, title IX, § 906(f), formerly § 906(g), , 119 Stat. 2978, 3082, renumbered § 906(f), Pub. L. 109–271, § 7(b)(2)(B), , 120 Stat. 764
  4. 2006Pub. L. 109–271, § 7(d)(1), , 120 Stat. 765
  5. 2013Pub. L. 113–4, title I, § 103, , 127 Stat. 73
  6. 2022Pub. L. 117–103, div. W, title I, § 103, , 136 Stat. 850.
Show as published

(Pub. L. 106–386, div. B, title II, § 1201, , 114 Stat. 1504; Pub. L. 108–405, title II, § 205, , 118 Stat. 2271; Pub. L. 109–162, title I, § 103, title IX, § 906(f), formerly § 906(g), , 119 Stat. 2978, 3082, renumbered § 906(f), Pub. L. 109–271, § 7(b)(2)(B), , 120 Stat. 764; Pub. L. 109–271, § 7(d)(1), , 120 Stat. 765; Pub. L. 113–4, title I, § 103, , 127 Stat. 73; Pub. L. 117–103, div. W, title I, § 103, , 136 Stat. 850.)

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