34 U.S.C. § 12351 — Transitional housing assistance grants

Page 357 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12351 1 So in original. The period probably should be a semicolon. 2 So in original. Probably should be ‘‘into’’. ignated as subpart 4 of this part for purposes of codi- fication. Another chapter 11 of subtitle B of title IV of Pub. L. 103–322 was designated subpart 3a (former § 13973) of part B of subchapter III of chapter 136 of Title 42, The Public Health and Welfare. Pub. L. 113–4, title VI, § 602(1), Mar. 7, 2013, 127 Stat. 109, substituted ‘‘VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALK- ING’’ for ‘‘CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT’’ in heading. § 12351. Transitional housing assistance grants for victims of domestic violence, dating vio- lence, 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 Develop- ment, 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 do- mestic violence and sexual assault victim serv- ice providers, domestic violence and sexual as- sault coalitions, other nonprofit, nongovern- mental organizations, population-specific orga- nizations, 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 ‘‘re- cipient’’) to carry out programs to provide as- sistance to minors, adults, and their depend- ents— (1) who are homeless, or in need of transi- tional 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 unavail- able 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 as- sistance with related expenses such as pay- ment of security deposits and other costs inci- dental 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 obtain- ing employment counseling, occupational training, job retention counseling, and coun- seling concerning re-entry in to 2 the work- force; and (C) integrate into a community by pro- viding that minor, adult, or dependent with services, such as transportation, counseling, child care services, case management, and other assistance. Participation in the sup- port services shall be voluntary. Receipt of the benefits of the housing assistance de- scribed in paragraph (2) shall not be condi- tioned 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 assist- ance under this section shall receive that as- sistance 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 pe- riod with respect to any minor, adult, or de- pendent, 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 man- ner, 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 assist- ance under this section is sought; (B) provide assurances that any supportive services offered to participants in programs developed under subsection (b)(3) are vol- untary and that refusal to receive such serv- ices shall not be grounds for termination from the program or eviction from the vic- tim’s housing; and (C) provide such additional assurances as the Attorney General determines to be es- sential to ensure compliance with the re- quirements of this section. (3) Application Nothing in this subsection shall be con- strued 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 At- torney General a report describing— (A) the number of minors, adults, and de- pendents 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 pursu- ant to paragraph (1) shall include information regarding— Page 358 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12351 3 So in original. Probably should be ‘‘section.—’’. (A) the purpose and amount of housing as- sistance 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 de- pendents 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 un- able to serve as a result of a lack of re- sources. (f) Report to Congress (1) Reporting requirement The Attorney General, with the Director of the Violence Against Women Office, shall pre- pare and submit to the Committee on the Ju- diciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the in- formation contained in the report submitted under subsection (e) of this section not later than 1 month after the end of each even-num- bered 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 Depart- ment 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, In- dian tribes, or organizations within a State for a grant under this section have been funded, that State, together with the grant- ees 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, Amer- ican Samoa, Guam, and the Northern Mar- iana Islands shall each be allocated not less than 0.5 percent of the total amount appro- priated 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 avail- able for grants under the program author- ized by section 10452 of this title. (II) APPLICABILITY OF PART.— 3 The re- quirements of this section shall not apply to funds allocated for the program de- scribed in subclause (I). (ii) Priority shall be given to projects de- veloped under subsection (b) that primarily serve underserved populations. (D) Qualified application defined In this paragraph, the term ‘‘qualified ap- plication’’ means an application that— (i) has been submitted by an eligible ap- plicant; (ii) does not propose any activities that may compromise victim safety, includ- ing— (I) background checks of victims; or (II) clinical evaluations to determine eligibility for services; (iii) reflects an understanding of the dy- namics of domestic violence, dating vio- lence, sexual assault, or stalking; and (iv) does not propose prohibited activi- ties, including mandatory services for vic- tims. (Pub. L. 103–322, title IV, § 40299, as added Pub. L. 108–21, title VI, § 611, Apr. 30, 2003, 117 Stat. 693; amended Pub. L. 109–162, § 3(b)(4), title VI, § 602(a), title IX, § 906(e), formerly § 906(f), title XI, § 1135(e), Jan. 5, 2006, 119 Stat. 2971, 3038, 3081, 3109, renumbered § 906(e), Pub. L. 109–271, § 7(b)(2)(B), Aug. 12, 2006, 120 Stat. 764; Pub. L. 109–271, §§ 2(d), 7(c)(1), 8(b), Aug. 12, 2006, 120 Stat. 752, 764–766; Pub. L. 113–4, title VI, § 602(2), Mar. 7, 2013, 127 Stat. 109; Pub. L. 117–103, div. W, title VI, § 604, Mar. 15, 2022, 136 Stat. 886.) Editorial Notes CODIFICATION Section was formerly classified to section 13975 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, § 604(1), in introduc- tory provisions, substituted ‘‘the Director of the Office on Violence Against Women’’ for ‘‘the Director of the Violence Against Women Office’’ and inserted ‘‘, population-specific organizations’’ after ‘‘, other nonprofit, nongovernmental organizations’’. Subsec. (g)(1). Pub. L. 117–103, § 604(2)(A), substituted ‘‘2023 through 2027’’ for ‘‘2014 through 2018’’. Subsec. (g)(2). Pub. L. 117–103, § 604(2)(B), (C), redesig- nated par. (3) as (2) and struck out former par. (2). Prior 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 ‘‘, including domestic violence and sex- ual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, non- governmental organizations, or community-based and culturally specific organizations, that have a docu- mented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking’’ after ‘‘other organizations’’. Subsec. (a)(1). Pub. L. 109–162, § 602(a)(1)(C), inserted ‘‘, dating violence, sexual assault, or stalking’’ after ‘‘domestic violence’’. Subsec. (b)(1). Pub. L. 109–162, § 602(a)(2)(C), added par. (1). Former par. (1) redesignated (2). Subsec. (b)(2). Pub. L. 109–162, § 602(a)(2)(A), redesig- nated par. (1) as (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 109–162, § 602(a)(2)(A), (B), redes- ignated par. (2) as (3) and inserted ‘‘, dating violence, sexual assault, or stalking’’ after ‘‘violence’’ in intro- ductory provisions. Subsec. (b)(3)(B). Pub. L. 109–162, § 602(a)(2)(D), in- serted ‘‘Participation in the support services shall be voluntary. Receipt of the benefits of the housing assist- ance described in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their de- pendents in any or all of the support services offered them.’’ at end. Subsec. (c)(1). Pub. L. 109–162, § 602(a)(3), substituted ‘‘24 months’’ for ‘‘18 months’’. Subsec. (d)(2)(B), (C). Pub. L. 109–162, § 602(a)(4), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (e)(2)(A). Pub. L. 109–162, § 602(a)(5)(A), in- serted ‘‘purpose and’’ before ‘‘amount’’. Subsec. (e)(2)(E). Pub. L. 109–162, § 602(a)(5)(B)–(D), added subpar. (E). Subsec. (f)(1). Pub. L. 109–162, § 1135(e), which directed an amendment substantially identical to that made by Pub. L. 109–162, § 3(b)(4), was repealed by Pub. L. 109–271, §§ 2(d) and 8(b). Pub. L. 109–162, § 3(b)(4), substituted ‘‘shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Ju- diciary of the Senate a report that contains a compila- tion of the information contained in the report sub- mitted under subsection (e) of this section not later than 1 month after the end of each even-numbered fis- cal year.’’ for ‘‘shall annually prepare and submit to the Committee on the Judiciary of the House of Rep- resentatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the in- formation contained in the report submitted under sub- section (e) of this section.’’ Subsec. (g)(1). Pub. L. 109–162, § 602(a)(6)(A)–(C), sub- stituted ‘‘$40,000,000’’ for ‘‘$30,000,000’’, ‘‘2007’’ for ‘‘2004’’, and ‘‘2011’’ for ‘‘2008’’. Subsec. (g)(2). Pub. L. 109–162, § 602(a)(6)(D), (E), sub- stituted ‘‘up to 5 percent’’ for ‘‘not more than 3 per- cent’’ and inserted ‘‘evaluation, monitoring, technical assistance,’’ before ‘‘salaries’’. Subsec. (g)(3)(C). Pub. L. 109–162, § 602(a)(6)(F), added subpar. (C). Subsec. (g)(3)(C)(i). Pub. L. 109–271, § 7(c)(1)(A), added cl. (i) and struck out former cl. (i) which read as fol- lows: ‘‘A minimum of 7 percent of the total amount ap- propriated in any fiscal year shall be allocated to tribal organizations serving adult and youth victims of do- mestic violence, dating violence, sexual assault, or stalking, and their dependents.’’ Subsec. (g)(4). Pub. L. 109–271, § 7(c)(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(e), formerly § 906(f), as renum- bered by Pub. L. 109–271, § 7(b)(2)(B), added par. (4). 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 sections 602(a) and 906(e) of 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. TRANSFER OF FUNCTIONS Functions of Office on Women’s Health of the Public Health Service exercised prior to Mar. 23, 2010, trans- ferred to Office on Women’s Health established under section 237a of this title, see section 3509(a)(2) of Pub. L. 111–148, set out as a note under section 237a of Title 42, The Public Health and Welfare. PART C—CIVIL RIGHTS FOR WOMEN § 12361. Civil rights (a) Purpose Pursuant to the affirmative power of Congress to enact this part under section 5 of the Four- teenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitu- tion, it is the purpose of this part to protect the civil rights of victims of gender motivated vio- lence and to promote public safety, health, and activities affecting interstate commerce by es- tablishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender. (b) Right to be free from crimes of violence All persons within the United States shall have the right to be free from crimes of violence