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34 U.S.C. § 12361 — Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
Federal law — U.S. Code and appendices · legal_authorities
**(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.11 So in original. The period probably should be a semicolon.
(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 depen
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Source file: Laws/federal/codes/united-states-code/title-34/section-12361-transitional-housing-assistance-grants-for-victims-of-domestic-violence--7ec4effb45.md
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Source location: Title 34, Chapter 121, § 12361; chapter-121-violent-crime-control-and-law-enforcement.md
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**(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.11 So in original. The period probably should be a semicolon.
(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 22 So in original. Probably should be “into”. 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) *Indian tribes.—*
(I) *In general.—* — Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by [section 10452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10452&num=0&edition=prelim).
(II) *Applicability of part.—* — 33 So in original. Probably should be “section.—”. The requirements of this section shall not apply to funds allocated for the program described in subclause (I).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation; number of members**
(1) There shall be in the Public Health Service a Silvio O. Conte Senior Biomedical Research and Biomedical Product Assessment Service (in this section referred to as the “Service”), not to exceed 2,000 members, the purpose of which is to recruit and retain outstanding and qualified scientific and technical experts in the fields of biomedical research, clinical research evaluation, and biomedical product assessment.
(2) The authority established in paragraph (1) may not be construed to require the Secretary to reduce the number of employees serving under any other employment system in order to offset the number of members serving in the Service.
(3) The Secretary shall assign experts under this section to agencies within the Department of Health and Human Services taking into account the need for the expertise of such expert.
**(b) Appointments; qualifications; provisions inapplicable to members** The Service shall be appointed by the Secretary without regard to the provisions of title 5 regarding appointment, and shall consist of individuals outstanding in the field of biomedical research, clinical research evaluation, or biomedical product assessment. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, or a doctoral or master’s level degree in engineering, bioinformatics, or a related or emerging field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at GS–15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (re
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the Bureau of Justice Statistics.
(2) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the National Institute of Justice.
(3) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1994 and 1995 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, part F,11 See References in Text note below. subchapters VI, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, part V,1 subchapters XXII, and XXIII or 22 So in original. XXX.
(4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XI of this chapter.
(5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out the programs under subchapters IV and V (other than subpart 2 of part B) 33 So in original. Phrase “(other than subpart 2 of part B)” probably should not appear. (other than subpart 1 of part B of subchapter V) of this chapter.
(6) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 44 So in original. Probably should be “years”. 1994 and 1995 to carry out subpart 1 of part B of subchapter V of this chapter.
(7) There is authorized to be appropriated to carry out s
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offenses.—**
(1) **Travel or conduct of offender.—** — A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(2) **Causing travel of victim.—** — A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
**(b) Penalties.—** A person who violates this section or section 2261A shall be fined under this title, imprisoned—
(1) for life or any term of years, if death of the victim results;
(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;
(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and
(5) for not more than 5 years, in any
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Commercial pornographic content** — The term “commercial pornographic content” means any material that is subject to the record keeping requirements under [section 2257 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257&num=0&edition=prelim).
(2) **Consent** — The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion.
(3) **Depicted individual** — The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction.
(4) **Disclose** — The term “disclose” means to transfer, publish, distribute, or make accessible.
(5) **Intimate visual depiction** — The term “intimate visual depiction”—
(A) means a visual depiction, as that term is defined in [section 2256(5) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256/5&num=0&edition=prelim), that depicts—
(i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or
(ii) the display or transfer of bodily sexual fluids—
(I) on to any part of the body of an identifiable individual;
(II) from the body of an identifiable individual; or
(III) an identifiable individual engaging in sexually explicit conduct and 11 So in original.
(B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual wa
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 103–322, title IV, § 40297, as added Pub. L. 109–162, title V, § 505, Jan. 5, 2006, 119 Stat. 3029, related to research on effective interventions in the health care setting.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants** The Attorney General may make grants to Indian tribal governments or authorized designees of Indian tribal governments to—
(1) develop and enhance effective governmental strategies to curtail violent crimes against and increase the safety of Indian women consistent with tribal law and custom;
(2) increase tribal capacity to respond to domestic violence, dating violence, sexual assault, sex trafficking, and stalking crimes against Indian women;
(3) strengthen tribal justice interventions including tribal law enforcement, prosecution, courts, probation,11 So in original. Probably should be followed by “and”. correctional facilities;
(4) enhance services to Indian women victimized by domestic violence, dating violence, sexual assault, sex trafficking, and stalking;
(5) work in cooperation with the community to develop education and prevention strategies directed toward issues of domestic violence, dating violence, sexual assault, sex trafficking, and stalking;
(6) provide programs for supervised visitation and safe visitation exchange of children in situations involving domestic violence, sexual assault, or stalking committed by one parent against the other with appropriate security measures, policies, and procedures to protect the safety of victims and their children;
(7) provide transitional housing for victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking, including rental or utilities payments assistance and assistance with related expenses such as security deposits and other costs incidental to relocation to transitional housing, and support services to enable a victim of domestic violence, dating violence, sexual assault, sex trafficking, or stalking to locate and secure permanent housing and integrate into
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1–4 and 5–10 of the Act of April 22, 1908 ([45 U.S.C. 51–54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51–54&num=0&edition=prelim), 55–60), may not be removed to any district court of the United States.
**(b)** A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs.
**(c)** A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.
**(d)** A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 13981 was editorially reclassified as [section 12361 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12361&num=0&edition=prelim), Crime Control and Law Enforcement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of statutory and common law** The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.
**(b) Attorney’s fees** In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], the Religious Freedom Restoration Act of 1993 [[42 U.S.C. 2000bb](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000bb&num=0&edition=prelim) et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [[42 U.S.C. 2000cc](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc&num=0&edition=prelim) et seq.], title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d
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Federal law — U.S. Code and appendices · legal_authorities
Page 359
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12361
to amendment, text of par. (2) read as follows: ‘‘Of the
amount made available to carry out this section in any
fiscal year, up to 5 percent may be used by the Attor-
ney General for evaluation, monitoring, technical as-
sistance, salaries and administrative expenses.’’
Subsec. (g)(2)(B). Pub. L. 117–103, § 604(2)(D), sub-
stituted ‘‘0.5 percent’’ for ‘‘0.25 percent’’.
Subsec. (g)(3). Pub. L. 117–103, § 604(2)(C), redesignated
par. (3) as (2).
2013—Pub. L. 113–4, § 602(2)(A), substituted ‘‘victims of
domestic violence, dating violence, sexual assault, or
stalking’’ for ‘‘child victims of domestic violence,
stalking, or sexual assault’’ in section catchline.
Subsec. (a)(1). Pub. L. 113–4, § 602(2)(B), struck out
‘‘fleeing’’ before ‘‘a situation’’.
Subsec. (b)(3). Pub. L. 113–4, § 602(2)(C), added subpar.
(B), redesignated former subpar. (B) as (C), and, in sub-
par. (C), struck out ‘‘employment counseling,’’ after
‘‘case management,’’.
Subsec. (g)(1). Pub. L. 113–4, § 602(2)(D)(i), which di-
rected substitution of ‘‘$35,000,000 for each of fiscal
years 2014 through 2018’’ for ‘‘$40,000,000 for each of fis-
cal years 2007 through 2011’’, was executed by making
the substitution for ‘‘$40,000,000 for each of the fiscal
years 2007 through 2011’’ to reflect the probable intent
of Congress.
Subsec. (g)(3)(A). Pub. L. 113–4, § 602(2)(D)(ii)(I), sub-
stituted ‘‘qualified’’ for ‘‘eligible’’.
Subsec. (g)(3)(D). Pub. L. 113–4, § 602(2)(D)(ii)(II),
added subpar. (D).
2006—Subsec. (a). Pub. L. 109–162, § 602(a)(1)(A), (B), in
introductory provisions, inserted ‘‘the Department of
Housing and Urban Development, and the Department
of Health and Human Services,’’ after ‘‘Department of
Justice,’’ and ‘‘,
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12361
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