34 U.S.C. § 20121 — Legal assistance for victims

Page 436 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20111 1 See References in Text note below. gible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as a note under section 20101 of this title. § 20111. Establishment of Office for Victims of Crime (a) Office established within Department of Jus- tice There is established within the Department of Justice an Office for Victims of Crime (herein- after in this subchapter referred to as the ‘‘Of- fice’’). (b) Appointment of Director; authority; restric- tions The Office shall be headed by a Director (re- ferred to in this subchapter as the ‘‘Director’’), who shall be appointed by the President. The Di- rector shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agree- ments, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this sub- chapter.1 (c) Duties of Director The Director shall have the following duties: (1) Administering funds made available by section 20101 of this title. (2) Providing funds to eligible States pursu- ant to sections 20102 and 20103 of this title. (3) Establishing programs in accordance with section 20103(c) of this title on terms and conditions determined by the Director to be consistent with that subsection. (4) Cooperating with and providing technical assistance to States, units of local govern- ment, and other public and private organiza- tions or international agencies involved in ac- tivities related to crime victims. (5) Such other functions as the Attorney General may delegate. (Pub. L. 98–473, title II, § 1411, as added Pub. L. 100–690, title VII, § 7123(a), Nov. 18, 1988, 102 Stat. 4420; amended Pub. L. 112–166, § 2(h)(5), Aug. 10, 2012, 126 Stat. 1285.) Editorial Notes REFERENCES IN TEXT This subchapter, the last place it appears in subsec. (b), was in the original ‘‘this part’’, which has been translated as reading in the original ‘‘this chapter’’ meaning chapter XIV of title II of Pub. L. 98–473 to re- flect the probable intent of Congress because chapter XIV of title II of Pub. L. 98–473, which comprises this subchapter, does not contain parts. CODIFICATION Section was formerly classified to section 10605 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before pe- riod at end of first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. EFFECTIVE DATE Section not applicable with respect to a State com- pensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as an Effective Date of 1988 Amend- ment note under section 20101 of this title. SUBCHAPTER II—VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING § 20121. Legal assistance for victims (a) In general The purpose of this section is to enable the At- torney General to award grants to increase the availability of civil and criminal legal assist- ance 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. Crimi- nal legal assistance provided for under this sec- tion shall be limited to criminal matters relat- ing 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 con- ditions 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, In- dian tribal governments and tribal organiza- tions, territorial organizations, and publicly funded organizations not acting in a govern- mental capacity such as law schools, and which shall be used— (1) to implement, expand, and establish co- operative efforts and projects between domes- tic violence, dating violence, and sexual as- sault victim service providers and legal assist- ance providers to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault; (2) to implement, expand, and establish ef- forts and projects to provide legal assistance for victims of domestic violence, dating vio- lence, stalking, and sexual assault by organi- zations with a demonstrated history of pro- viding direct legal or advocacy services on be- half of these victims; and (3) to implement, expand, and establish ef- forts and projects to provide competent, super- Page 437 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20121 1 See References in Text note below. vised pro bono legal assistance for victims of domestic violence, dating violence, sexual as- sault, or stalking, except that not more than 10 percent of the funds awarded under this sec- tion 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 at- torney; (ii) in immigration proceedings, is a Board of Immigration Appeals accredited rep- resentative; (iii) in Veterans’ Administration claims, is an accredited representative; or (iv) is any person who functions as an at- torney or lay advocate in Tribal court; and (B)(i) has demonstrated expertise in pro- viding legal assistance to victims of domes- tic 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, train- ing 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 satis- faction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a tribal, State, terri- torial, local, or culturally specific domestic violence, dating violence, sexual assault or stalking victim service provider or coalition, as well as appropriate tribal, State, terri- torial, 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 do- mestic violence, dating violence, or sexual as- sault programs and coalitions, as well as ap- propriate State and local law enforcement of- ficials 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 con- tracts or other arrangements with entities ex- pert 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 pro- grams that assist adult and youth victims of domestic violence, dating violence, stalking, and sexual assault on lands within the juris- diction 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 pro- gram 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 pro- viding 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. (Pub. L. 106–386, div. B, title II, § 1201, Oct. 28, 2000, 114 Stat. 1504; Pub. L. 108–405, title II, § 205, Oct. 30, 2004, 118 Stat. 2271; Pub. L. 109–162, title I, § 103, title IX, § 906(f), formerly § 906(g), Jan. 5, 2006, 119 Stat. 2978, 3082, renumbered § 906(f), Pub. L. 109–271, § 7(b)(2)(B), Aug. 12, 2006, 120 Stat. 764; Pub. L. 109–271, § 7(d)(1), Aug. 12, 2006, 120 Stat. 765; Pub. L. 113–4, title I, § 103, Mar. 7, 2013, 127 Stat. 73; Pub. L. 117–103, div. W, title I, § 103, Mar. 15, 2022, 136 Stat. 850.) Editorial Notes REFERENCES IN TEXT The reference to ‘‘part’’ in subsec. (f)(2)(B)(ii) head- ing, 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 edi- torial 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. AMENDMENTS 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 pro- vided.’’ 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 Page 438 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20122 to any person providing legal assistance through a pro- gram 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 con- sequence 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 ‘‘vic- tims 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 col- lection to improve the capacity of grantees and other entities to offer legal assistance to victims of domestic violence, dating violence, stalking, and sexual as- sault.’’ 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 com- pleted or will complete training in connection with do- mestic 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 orga- nization’’. 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 as- sistance provided for under this section shall be limited to criminal matters relating to domestic violence, sex- ual 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 vio- lence’’, ‘‘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 provi- sions. 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 devel- oped 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 appro- priate 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 fol- lows: ‘‘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), sub- stituted ‘‘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 renum- bered 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), re- spectively, and inserted ‘‘dating violence,’’ after ‘‘do- mestic 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 vio- lence,’’. Subsec. (c)(2), (3). Pub. L. 108–405, § 205(3)(B), (C), in- serted ‘‘dating violence,’’ after ‘‘domestic violence,’’. Subsec. (d)(1) to (3). Pub. L. 108–405, § 205(4)(A)–(C), in- serted ‘‘, 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 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. 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. 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. § 20122. Education, training, and enhanced serv- ices to end violence against and abuse of in- dividuals with disabilities and Deaf people (a) In general The Attorney General, in consultation with the Secretary of Health and Human Services, may award grants to eligible entities— (1) to provide training, consultation, and in- formation on domestic violence, dating vio- lence, stalking, sexual assault, and abuse by caregivers against individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) and Deaf people; and (2) to enhance direct services to such indi- viduals. (b) Use of funds Grants awarded under this section shall be used—