Part B—Safe Homes for Women
subpart 1—confidentiality for abused persons
§12321. Confidentiality of abused person's address
(a) Regulations
Not later than 90 days after September 13, 1994, the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons' addresses.
(b) Requirements
The regulations under subsection (a) shall require—
(1) in the case of an individual, the presentation to an appropriate postal official of a valid, outstanding protection order; and
(2) in the case of a domestic violence shelter, the presentation to an appropriate postal authority of proof from a State domestic violence coalition that meets the requirements of section 10410 1 of title 42 verifying that the organization is a domestic violence shelter.
(c) Disclosure for certain purposes
The regulations under subsection (a) shall not prohibit the disclosure of addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes.
(d) Existing compilations
Compilations of addresses existing at the time at which order is presented to an appropriate postal official shall be excluded from the scope of the regulations under subsection (a).
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Editorial Notes
References in Text
Codification
Section was formerly classified to
1 See References in Text note below.
subpart 2—data and research
§12331. Research agenda
(a) Request for contract
The Attorney General shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and experts on domestic violence in diverse, ethnic, social, and language minority communities and the social sciences. In setting the agenda, the Academy shall focus primarily on preventive, educative, social, and legal strategies, including addressing the needs of underserved populations.
(b) Declination of request
If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Attorney General shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice.
(c) Report
The Attorney General shall ensure that no later than 1 year after September 13, 1994, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
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Editorial Notes
Codification
Section was formerly classified to
§12332. State databases
(a) In general
The Attorney General shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of sexual and domestic violence offenses within a State.
(b) Consultation
In conducting its study, the Attorney General shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, and nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The final report shall set forth the views of the persons consulted on the recommendations.
(c) Report
The Attorney General shall ensure that no later than 1 year after September 13, 1994, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committees on the Judiciary of the Senate and the House of Representatives.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section $200,000 for fiscal year 1996.
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Editorial Notes
Codification
Section was formerly classified to
§12333. Number and cost of injuries
(a) Study
The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out this section—$100,000 for fiscal year 1996.
(
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Change of Name
Centers for Disease Control changed to Centers for Disease Control and Prevention by
subpart 3—rural domestic violence and child abuse enforcement
§12341. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance
(a) Purposes
The purposes of this section are—
(1) to identify, assess, and appropriately respond to child, youth, and adult victims of domestic violence, sexual assault, dating violence, and stalking in rural communities, by encouraging collaboration among—
(A) domestic violence, dating violence, sexual assault, and stalking victim service providers;
(B) law enforcement agencies;
(C) prosecutors;
(D) courts;
(E) other criminal justice service providers;
(F) human and community service providers;
(G) educational institutions; and
(H) health care providers, including sexual assault forensic examiners;
(2) to establish and expand nonprofit, nongovernmental, State, tribal, territorial, and local government victim services in rural communities to child, youth, and adult victims;
(3) to increase the safety and well-being of women and children in rural communities, by—
(A) dealing directly and immediately with domestic violence, sexual assault, dating violence, and stalking occurring in rural communities; and
(B) creating and implementing strategies to increase awareness and prevent domestic violence, sexual assault, dating violence, and stalking; and
(4) to develop, expand, implement, and improve the quality of sexual assault forensic medical examination or sexual assault nurse examiner programs.
(b) Grants authorized
The Attorney General, acting through the Director of the Office on Violence Against Women (referred to in this section as the "Director"), may award grants to States, Indian tribes, local governments, and nonprofit, public or private entities, including tribal nonprofit organizations, to carry out programs serving rural areas or rural communities that address domestic violence, dating violence, sexual assault, and stalking by—
(1) implementing, expanding, and establishing cooperative efforts and projects among law enforcement officers, prosecutors, victim service providers, and other related parties to investigate and prosecute incidents of domestic violence, dating violence, sexual assault, and stalking, including developing multidisciplinary teams focusing on high risk cases with the goal of preventing domestic and dating violence homicides;
(2) providing treatment, counseling, advocacy, legal assistance, and other long-term and short-term victim and population specific services to adult and minor victims of domestic violence, dating violence, sexual assault, and stalking in rural communities, including assistance in immigration matters;
(3) working in cooperation with the community to develop education and prevention strategies directed toward such issues; and
(4) developing, enlarging, or strengthening programs addressing sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and programs addressing rape kit backlogs;
(5) developing programs and strategies that focus on the specific needs of victims of domestic violence, dating violence, sexual assault, and stalking who reside in remote rural and geographically isolated areas, including addressing the challenges posed by the lack of access to quality forensic sexual assault examinations by trained health care providers, shelters, and victims services, and limited law enforcement resources and training, and providing training and resources to Community Health Aides involved in the delivery of Indian Health Service programs.
(c) Use of funds
Funds appropriated pursuant to this section shall be used only for specific programs and activities expressly described in subsection (a).
(d) Allotments and priorities
(1) Allotment for Indian tribes
(A) In general
Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by
(B) Applicability of part 1
The requirements of this section shall not apply to funds allocated for the program described in subparagraph (A).
(2) Allotment for sexual assault
(A) In general
Not less than 25 percent of the total amount appropriated in a fiscal year under this section shall fund services that meaningfully address sexual assault in rural communities, however at such time as the amounts appropriated reach the amount of $45,000,000, the percentage allocated shall rise to 30 percent of the total amount appropriated, at such time as the amounts appropriated reach the amount of $50,000,000, the percentage allocated shall rise to 35 percent of the total amount appropriated, and at such time as the amounts appropriated reach the amount of $55,000,000, the percentage allocated shall rise to 40 percent of the amounts appropriated.
(B) Multiple purpose applications
Nothing in this section shall prohibit any applicant from applying for funding to address sexual assault, domestic violence, stalking, or dating violence in the same application.
(3) Allotment for technical assistance
Of the amounts appropriated for each fiscal year to carry out this section, not more than 8 percent may be used by the Director for technical assistance costs. Of the amounts appropriated in this subsection, no less than 25 percent of such amounts shall be available to a nonprofit, nongovernmental organization or organizations whose focus and expertise is in addressing sexual assault to provide technical assistance to sexual assault grantees.
(4) Underserved populations
In awarding grants under this section, the Director shall give priority to the needs of underserved populations.
(5) Allocation of funds for rural States
Not less than 75 percent of the total amount made available for each fiscal year to carry out this section shall be allocated to eligible entities located in rural States.
(e) Authorization of appropriations
(1) In general
There are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2027 to carry out this section.
(2) Additional funding
In addition to funds received through a grant under subsection (b), a law enforcement agency may use funds received through a grant under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(
Editorial Notes
References in Text
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (e)(2), is
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a)(4).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (e)(1).
2013—Subsec. (a)(1)(H).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(4), (5).
Subsec. (e)(1).
2006—
Subsec. (c)(3).
Subsec. (d)(1).
2000—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c)(1).
"(A) $7,000,000 for fiscal year 1996;
"(B) $8,000,000 for fiscal year 1997; and
"(C) $15,000,000 for fiscal year 1998."
Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
1 So in original. Probably should be "section".
2 See References in Text note below.
subpart 4—transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
Editorial Notes
Codification
This subpart was, in the original,
§12351. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
(a) In general
The Attorney General, acting in consultation with the Director of the Office on Violence Against Women of the Department of Justice, the Department of Housing and Urban Development, and the Department of Health and Human Services, shall award grants under this section to States, units of local government, Indian tribes, and other organizations, including domestic violence and sexual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, nongovernmental organizations, population-specific organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (referred to in this section as the "recipient") to carry out programs to provide assistance to minors, adults, and their dependents—
(1) who are homeless, or in need of transitional housing or other housing assistance, as a result of a situation of domestic violence, dating violence, sexual assault, or stalking; and
(2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient.
(b) Grants
Grants awarded under this section may be used for programs that provide—
(1) transitional housing, including funding for the operating expenses of newly developed or existing transitional housing.1
(2) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in subsection (a); and
(3) support services designed to enable a minor, an adult, or a dependent of such minor or adult, who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to—
(A) locate and secure permanent housing;
(B) secure employment, including obtaining employment counseling, occupational training, job retention counseling, and counseling concerning re-entry in to 2 the workforce; and
(C) integrate into a community by providing that minor, adult, or dependent with services, such as transportation, counseling, child care services, case management, and other assistance. Participation in the support services shall be voluntary. Receipt of the benefits of the housing assistance described in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their dependents in any or all of the support services offered them.
(c) Duration
(1) In general
Except as provided in paragraph (2), a minor, an adult, or a dependent, who receives assistance under this section shall receive that assistance for not more than 24 months.
(2) Waiver
The recipient of a grant under this section may waive the restriction under paragraph (1) for not more than an additional 6 month period with respect to any minor, adult, or dependent, who—
(A) has made a good-faith effort to acquire permanent housing; and
(B) has been unable to acquire permanent housing.
(d) Application
(1) In general
Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
(2) Contents
Each application submitted pursuant to paragraph (1) shall—
(A) describe the activities for which assistance under this section is sought;
(B) provide assurances that any supportive services offered to participants in programs developed under subsection (b)(3) are voluntary and that refusal to receive such services shall not be grounds for termination from the program or eviction from the victim's housing; and
(C) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.
(3) Application
Nothing in this subsection shall be construed to require—
(A) victims to participate in the criminal justice system in order to receive services; or
(B) domestic violence advocates to breach client confidentiality.
(e) Report to the Attorney General
(1) In general
A recipient of a grant under this section shall annually prepare and submit to the Attorney General a report describing—
(A) the number of minors, adults, and dependents assisted under this section; and
(B) the types of housing assistance and support services provided under this section.
(2) Contents
Each report prepared and submitted pursuant to paragraph (1) shall include information regarding—
(A) the purpose and amount of housing assistance provided to each minor, adult, or dependent, assisted under this section and the reason for that assistance;
(B) the number of months each minor, adult, or dependent, received assistance under this section;
(C) the number of minors, adults, and dependents who—
(i) were eligible to receive assistance under this section; and
(ii) were not provided with assistance under this section solely due to a lack of available housing;
(D) the type of support services provided to each minor, adult, or dependent, assisted under this section; and
(E) the client population served and the number of individuals requesting services that the transitional housing program is unable to serve as a result of a lack of resources.
(f) Report to Congress
(1) Reporting requirement
The Attorney General, with the Director of the Violence Against Women Office, shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e) of this section not later than 1 month after the end of each even-numbered fiscal year.
(2) Availability of report
In order to coordinate efforts to assist the victims of domestic violence, the Attorney General, in coordination with the Director of the Violence Against Women Office, shall transmit a copy of the report submitted under paragraph (1) to—
(A) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and
(B) the Office of Women's Health at the United States Department of Health and Human Services.
(g) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this section $35,000,000 for each of fiscal years 2023 through 2027.
(2) Minimum amount
(A) In general
Except as provided in subparagraph (B), unless all qualified applications submitted by any States, units of local government, Indian tribes, or organizations within a State for a grant under this section have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.
(B) Exception
The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated not less than 0.5 percent of the total amount appropriated in the fiscal year for grants pursuant to this section.
(C) Underserved populations
(i)
(I)
(II)
(ii) Priority shall be given to projects developed under subsection (b) that primarily serve underserved populations.
(D) Qualified application defined
In this paragraph, the term "qualified application" means an application that—
(i) has been submitted by an eligible applicant;
(ii) does not propose any activities that may compromise victim safety, including—
(I) background checks of victims; or
(II) clinical evaluations to determine eligibility for services;
(iii) reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and
(iv) does not propose prohibited activities, including mandatory services for victims.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(2)(B).
Subsec. (g)(3).
2013—
Subsec. (a)(1).
Subsec. (b)(3).
Subsec. (g)(1).
Subsec. (g)(3)(A).
Subsec. (g)(3)(D).
2006—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(3)(B).
Subsec. (c)(1).
Subsec. (d)(2)(B), (C).
Subsec. (e)(2)(A).
Subsec. (e)(2)(E).
Subsec. (f)(1).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3)(C).
Subsec. (g)(3)(C)(i).
Subsec. (g)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by sections 602(a) and 906(e) of
Transfer of Functions
Functions of Office on Women's Health of the Public Health Service exercised prior to Mar. 23, 2010, transferred to Office on Women's Health established under
1 So in original. The period probably should be a semicolon.