34 U.S.C. § 12511 — Sexual assault services program

Page 389 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12511 pervisor, manager, or union representative about the harassing conduct. ‘‘(12) The impact of domestic violence, dating vio- lence, sexual assault, and stalking on the workplace is a part of the challenge of workplace harassment. ‘‘(13) Studies indicate that one of the best predic- tors of whether a survivor will be able to stay away from his or her abuser is the degree of his or her eco- nomic independence. However, domestic violence, dating violence, sexual assault, and stalking often negatively impact a survivor’s ability to maintain employment. ‘‘(14) Abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting their partners’ access to cash or transportation, and sabotaging their partners’ child care arrangements. ‘‘(15) Economic abuse refers to behaviors that con- trol an intimate partner’s ability to acquire, use, and maintain access to money, credit, ownership of as- sets, or governmental or private financial benefits, including defaulting on joint obligations (such as school loans, credit card debt, mortgages, or rent). Other forms of such abuse may include preventing someone from attending school, threatening to or ac- tually terminating employment, controlling or with- holding access to cash, checking, or credit accounts, and attempting to damage or sabotage the credit- worthiness of an intimate partner, including forcing an intimate partner to write bad checks, forcing an intimate partner to default on payments related to household needs, such as housing, or forcing an inti- mate partner into bankruptcy. ‘‘(16) This title aims to empower survivors of do- mestic violence, dating violence, sexual assault, or stalking to be free from violence, hardship, and con- trol, which restrains basic human rights to freedom and safety in the United States.’’ [For definitions of terms used in section 701 of div. W of Pub. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under sec- tion 12291 of this title]. PART N—SEXUAL ASSAULT SERVICES § 12511. Sexual assault services program (a) Purposes The purposes of this section are— (1) to assist States, Indian tribes, and terri- tories in providing intervention, advocacy, ac- companiment, support services, and related assistance for— (A) adult, youth, and child victims of sex- ual assault; (B) family and household members of such victims; and (C) those collaterally affected by the vic- timization, except for the perpetrator of such victimization; and (2) to provide for technical assistance and training relating to sexual assault to— (A) Federal, State, tribal, territorial and local governments, law enforcement agen- cies, and courts; (B) professionals working in legal, social service, and health care settings; (C) nonprofit organizations; (D) faith-based organizations; and (E) other individuals and organizations seeking such assistance. (b) Grants to States and territories (1) Grants authorized The Attorney General shall award grants to States and territories to support the establish- ment, maintenance, and expansion of rape cri- sis centers and other nongovernmental or trib- al programs and projects to assist individuals who have been victimized by sexual assault, without regard to the age of the individual. (2) Allocation and use of funds (A) Administrative costs Not more than 5 percent of the grant funds received by a State or territory govern- mental agency under this subsection for any fiscal year may be used for administrative costs. (B) Grant funds Any funds received by a State or territory under this subsection that are not used for administrative costs shall be used to provide grants to rape crisis centers and other non- profit, nongovernmental organizations or tribal programs and activities for programs and activities within such State or territory that provide direct intervention and related assistance. (C) Intervention and related assistance Intervention and related assistance under subparagraph (B) may include— (i) 24-hour hotline services providing cri- sis intervention services and referral; (ii) accompaniment and advocacy through medical, criminal justice, and so- cial support systems, including medical fa- cilities, police, and court proceedings; (iii) crisis intervention, short-term indi- vidual and group support services, direct payments, and comprehensive service co- ordination and supervision to assist sexual assault victims and family or household members; (iv) information and referral to assist the sexual assault victim and family or household members; (v) community-based, culturally specific services and support mechanisms, includ- ing outreach activities for underserved communities; and (vi) the development and distribution of materials on issues related to the services described in clauses (i) through (v). (3) Application (A) In general Each eligible entity desiring a grant under this subsection shall submit an application to the Attorney General at such time and in such manner as the Attorney General may reasonably require. (B) Contents Each application submitted under subpara- graph (A) shall— (i) set forth procedures designed to en- sure meaningful involvement of the State or territorial sexual assault coalition and representatives from underserved commu- nities in the development of the applica- tion and the implementation of the plans; (ii) set forth procedures designed to en- sure an equitable distribution of grants and grant funds within the State or terri- tory and between urban and rural areas within such State or territory; Page 390 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12511 (iii) identify the State or territorial agency that is responsible for the adminis- tration of programs and activities; and (iv) meet other such requirements as the Attorney General reasonably determines are necessary to carry out the purposes and provisions of this section. (4) Minimum amount The Attorney General shall allocate to each State (including the District of Columbia and Puerto Rico) not less than 1.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall each be allo- cated 0.5 percent of the total appropriations. The remaining funds shall be allotted to each State and each territory in an amount that bears the same ratio to such remaining funds as the population of such State and such terri- tory bears to the population of all the States and the territories. (c) Grants for culturally specific programs ad- dressing sexual assault (1) Grants authorized The Attorney General shall award grants to eligible entities to support the establishment, maintenance, and expansion of culturally spe- cific intervention and related assistance for victims of sexual assault. (2) Eligible entities To be eligible to receive a grant under this section, an entity shall— (A) be a private nonprofit organization that focuses primarily on culturally specific communities; (B) must have documented organizational experience in the area of sexual assault intervention or have entered into a partner- ship with an organization having such exper- tise; (C) have expertise in the development of community-based, linguistically and cul- turally specific outreach and intervention services relevant for the specific commu- nities to whom assistance would be provided or have the capacity to link to existing serv- ices in the community tailored to the needs of culturally specific populations; and (D) have an advisory board or steering committee and staffing which is reflective of the targeted culturally specific community. (3) Award basis The Attorney General shall award grants under this section on a competitive basis. (4) Distribution The Attorney General shall not use more than 2.5 percent of funds appropriated under this subsection in any year for administration, monitoring, and evaluation of grants made available under this subsection. (5) Term The Attorney General shall make grants under this section for a period of no less than 2 fiscal years. (6) Technical assistance The Attorney General shall provide tech- nical assistance to recipients of grants under this subsection by entering into a cooperative agreement or contract with a national, non- profit, nongovernmental organization or orga- nizations whose primary focus and expertise is in addressing sexual assault within culturally specific communities. (7) Reporting Each entity receiving a grant under this sub- section shall submit a report to the Attorney General that describes the activities carried out with such grant funds. (d) Grants to State, territorial, and tribal sexual assault coalitions (1) Grants authorized (A) In general The Attorney General shall award grants to State, territorial, and tribal sexual as- sault coalitions to assist in supporting the establishment, maintenance, and expansion of such coalitions. (B) Minimum amount Not less than 10 percent of the total amount appropriated to carry out this sec- tion shall be used for grants under subpara- graph (A). (C) Eligible applicants Each of the State, territorial, and tribal sexual assault coalitions. (2) Use of funds Grant funds received under this subsection may be used to— (A) work with local sexual assault pro- grams and other providers of direct services to encourage appropriate responses to sexual assault within the State, territory, or tribe; (B) work with judicial and law enforce- ment agencies to encourage appropriate re- sponses to sexual assault cases; (C) work with courts, child protective services agencies, and children’s advocates to develop appropriate responses to child custody and visitation issues when sexual assault has been determined to be a factor; (D) design and conduct public education campaigns; (E) plan and monitor the distribution of grants and grant funds to their State, terri- tory, or tribe; or (F) collaborate with and inform Federal, State, or local public officials and agencies to develop and implement policies to reduce or eliminate sexual assault. (3) Allocation and use of funds From amounts appropriated for grants under this subsection for each fiscal year— (A) not less than 10 percent of the funds shall be available for grants to tribal sexual assault coalitions; and (B) the remaining funds shall be available for grants to State and territorial coalitions, and the Attorney General shall allocate an amount equal to 1⁄56 of the amounts so appro- priated to each of those State and territorial coalitions. (4) Application Each eligible entity desiring a grant under this subsection shall submit an application to Page 391 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12511 the Attorney General at such time, in such manner, and containing such information as the Attorney General determines to be essen- tial to carry out the purposes of this section. (5) First-time applicants No entity shall be prohibited from submit- ting an application under this subsection dur- ing any fiscal year for which funds are avail- able under this subsection because such entity has not previously applied or received funding under this subsection. (e) Grants to tribes (1) Grants authorized The Attorney General may award grants to Indian tribes, tribal organizations, and non- profit tribal organizations for the operation of sexual assault programs or projects in Indian tribal lands and Alaska Native villages to sup- port the establishment, maintenance, and ex- pansion of programs and projects to assist those victimized by sexual assault. (2) Allocation and use of funds (A) Administrative costs Not more than 5 percent of the grant funds received by an Indian tribe, tribal organiza- tion, and nonprofit tribal organization under this subsection for any fiscal year may be used for administrative costs. (B) Grant funds Any funds received under this subsection that are not used for administrative costs shall be used to provide grants to tribal or- ganizations and nonprofit tribal organiza- tions for programs and activities within In- dian country and Alaskan native villages that provide direct intervention and related assistance. (f) Authorization of appropriations (1) In general There are authorized to be appropriated $100,000,000 to remain available until expended for each of fiscal years 2023 through 2027 to carry out the provisions of this section. (2) Allocations Of the total amounts appropriated for each fiscal year to carry out this section— (A) not more than 2.5 percent shall be used by the Attorney General for evaluation, monitoring, and other administrative costs under this section; (B) not more than 8 percent shall be used for the provision of technical assistance to grantees and subgrantees under this section of which not less than 20 percent shall be available for technical assistance to recipi- ents and potential recipients of grants under subsection (c); (C) not less than 65 percent shall be used for grants to States and territories under subsection (b); (D) not less than 10 percent shall be used for making grants to State, territorial, and tribal sexual assault coalitions under sub- section (d); (E) not less than 10 percent shall be used for grants to tribes under subsection (e); and (F) not less than 10 percent shall be used for grants for culturally specific programs addressing sexual assault under subsection (c). (Pub. L. 103–322, title IV, § 41601, as added Pub. L. 109–271, § 3(b), Aug. 12, 2006, 120 Stat. 754; amend- ed Pub. L. 113–4, title II, § 201, Mar. 7, 2013, 127 Stat. 80; Pub. L. 117–103, div. W, title II, § 201, Mar. 15, 2022, 136 Stat. 856.) Editorial Notes CODIFICATION Section was formerly classified to section 14043g of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (b)(2)(C)(iii). Pub. L. 117–103, § 201(1)(A), inserted ‘‘direct payments,’’ before ‘‘and comprehen- sive’’. Subsec. (b)(4). Pub. L. 117–103, § 201(1)(B), substituted ‘‘0.5 percent’’ for ‘‘0.25 percent’’. Subsec. (c)(4). Pub. L. 117–103, § 201(2)(A), struck out subpar. (A) designation before ‘‘The Attorney General’’ and struck out subpar. (B) which read as follows: ‘‘Up to 5 percent of funds appropriated under this subsection in any year shall be available for technical assistance by a national, nonprofit, nongovernmental organiza- tion or organizations whose primary focus and exper- tise is in addressing sexual assault within underserved culturally specific populations.’’ Subsec. (c)(6), (7). Pub. L. 117–103, § 201(2)(B), (C), added par. (6) and redesignated former par. (6) as (7). Subsec. (f)(1). Pub. L. 117–103, § 201(3)(A), substituted ‘‘$100,000,000 to remain available until expended for each of fiscal years 2023 through 2027’’ for ‘‘$40,000,000 to remain available until expended for each of fiscal years 2014 through 2018’’. Subsec. (f)(2)(B). Pub. L. 117–103, § 201(3)(B), sub- stituted ‘‘8 percent’’ for ‘‘2.5 percent’’ and ‘‘of which not less than 20 percent shall be available for technical assistance to recipients and potential recipients of grants under subsection (c);’’ for semicolon at end. 2013—Subsec. (b)(1). Pub. L. 113–4, § 201(a)(1), sub- stituted ‘‘other nongovernmental or tribal programs and projects to assist individuals who have been vic- timized by sexual assault, without regard to the age of the individual.’’ for ‘‘other programs and projects to as- sist those victimized by sexual assault.’’ Subsec. (b)(2)(B). Pub. L. 113–4, § 201(a)(2)(A), inserted ‘‘or tribal programs and activities’’ after ‘‘nongovern- mental organizations’’. Subsec. (b)(2)(C)(v). Pub. L. 113–4, § 201(a)(2)(B), struck out ‘‘linguistically and’’ before ‘‘culturally’’. Subsec. (b)(4). Pub. L. 113–4, § 201(a)(3)(B), which di- rected striking out ‘‘the District of Columbia, Puerto Rico,’’ after ‘‘Guam’’, was executed by striking out such phrase after ‘‘Guam,’’ to reflect the probable in- tent of Congress. Pub. L. 113–4, § 201(a)(3)(A), (C), (D), inserted ‘‘(includ- ing the District of Columbia and Puerto Rico)’’ after ‘‘The Attorney General shall allocate to each State’’, substituted ‘‘0.25 percent’’ for ‘‘0.125 percent’’, and struck out at end ‘‘The District of Columbia shall be treated as a territory for purposes of calculating its al- location under the preceding formula.’’ Subsec. (f)(1). Pub. L. 113–4, § 201(b), substituted ‘‘$40,000,000 to remain available until expended for each of fiscal years 2014 through 2018’’ for ‘‘$50,000,000 to re- main available until expended for each of the fiscal years 2007 through 2011’’. 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 Mar. 15, 2022, Page 392 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12512 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 Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under sec- tion 2261 of Title 18, Crimes and Criminal Procedure. § 12512. Working Group (a) In general The Attorney General, in consultation with the Secretary of Health and Human Services (re- ferred to in this section as the ‘‘Secretary’’), shall establish a joint working group (referred to in this section as the ‘‘Working Group’’) to develop, coordinate, and disseminate best prac- tices regarding the care and treatment of sexual assault survivors and the preservation of foren- sic evidence. (b) Consultation with stakeholders The Working Group shall consult with— (1) stakeholders in law enforcement, pros- ecution, forensic laboratory, counseling, fo- rensic examiner, medical facility, and medical provider communities; and (2) representatives of not less than 3 entities with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or rep- resentation of sexual assault victims, of which not less than 1 representative shall be a sexual assault victim. (c) Membership The Working Group shall be composed of gov- ernmental or nongovernmental agency heads at the discretion of the Attorney General, in con- sultation with the Secretary. (d) Duties The Working Group shall— (1) develop recommendations for improving the coordination of the dissemination and im- plementation of best practices and protocols regarding the care and treatment of sexual as- sault survivors and the preservation of evi- dence to hospital administrators, physicians, forensic examiners, and other medical associa- tions and leaders in the medical community; (2) encourage, where appropriate, the adop- tion and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other med- ical associations and leaders in the medical community; (3) develop recommendations to promote the coordination of the dissemination and imple- mentation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to State attor- neys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community; (4) develop and implement, where prac- ticable, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault sur- vivors and the preservation of evidence among State attorneys general, United States attor- neys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement com- munity; (5) collect feedback from stakeholders, prac- titioners, and leadership throughout the Fed- eral and State law enforcement, victim serv- ices, forensic science practitioner, and health care communities to inform development of future best practices or clinical guidelines re- garding the care and treatment of sexual as- sault survivors; and (6) perform other activities, such as activi- ties relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sex- ual assault survivors. (e) Report Not later than 2 years after October 7, 2016, the Working Group shall submit to the Attorney General, the Secretary, and Congress a report containing the findings and recommended ac- tions of the Working Group. (Pub. L. 114–236, § 4, Oct. 7, 2016, 130 Stat. 968.) Editorial Notes CODIFICATION Section was formerly classified to section 14043g–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section was enacted as part of the Survivors’ Bill of Rights Act of 2016, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which en- acted this chapter. PART O—TRAUMA-INFORMED, VICTIM-CENTERED TRAINING FOR LAW ENFORCEMENT § 12513. Demonstration program on trauma-in- formed, victim-centered training for law en- forcement (a) Definitions In this section— (1) the term ‘‘Attorney General’’ means the Attorney General, acting through the Director of the Office on Violence Against Women; (2) the term ‘‘covered individual’’ means an individual who interfaces with victims of do- mestic violence, dating violence, sexual as- sault, and stalking, including— (A) an individual working for or on behalf of an eligible entity; (B) an administrator or personnel of a school, university, or other educational pro- gram or activity (including a campus police officer or a school resource officer); and (C) an emergency services or medical em- ployee; (3) the term ‘‘demonstration site’’, with re- spect to an eligible entity that receives a grant under this section, means the area over which the eligible entity has jurisdiction; (4) the term ‘‘eligible entity’’ means a State, local, territorial, or Tribal law enforcement agency; and (5) the term ‘‘mandatory partner’’ means a national, regional, or local victim services or-