34 U.S.C. § 12501 — Grant for national resource center on

Page 387 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12501 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 a note under section 6851 of Title 15, Commerce and Trade. PART M—NATIONAL RESOURCE CENTER Editorial Notes CODIFICATION Pub. L. 109–162, title VII, § 701, Jan. 5, 2006, 119 Stat. 3052, which directed that subtitle N of the Violence Against Women Act of 1994 (part L of this subchapter) be amended by adding at the end a subtitle O consisting of section 41501 (34 U.S.C. 12501), is reflected in the Code by setting out subtitle O as a separate part M (this part) and not as included in part L of this subchapter, as the probable intent of Congress. § 12501. Grant for national resource center on workplace responses to assist victims of do- mestic and sexual violence (a) Authority The Attorney General, acting through the Di- rector of the Office on Violence Against Women, may award a grant to an eligible nonprofit non- governmental entity or tribal organization, in order to provide for the establishment and oper- ation of a national resource center on workplace responses to assist victims of domestic and sex- ual violence and sexual harassment. The re- source center shall provide information and as- sistance to employers, labor organizations, and victim service providers to aid in their efforts to develop and implement responses to such vio- lence. (b) Applications To be eligible to receive a grant under this section, an entity or organization shall submit an application to the Attorney General at such time, in such manner, and containing such in- formation as the Attorney General may require, including— (1) information that demonstrates that the entity or organization has nationally recog- nized expertise in the area of domestic or sex- ual violence; (2) a plan to maximize, to the extent prac- ticable, outreach to employers (including pri- vate companies, public entities such as public institutions of higher education and State and local governments, and employers with fewer than 20 employees) and labor organizations de- scribed in subsection (a) concerning devel- oping and implementing workplace responses to assist victims of domestic or sexual vio- lence; and (3) a plan for developing materials and train- ing for materials for employers that address the needs of employees in cases of domestic vi- olence, dating violence, sexual assault, stalk- ing, and sexual harassment impacting the workplace, including the needs of underserved communities, which materials shall include a website with resources for employers with fewer than 20 employees, including live train- ing materials. (c) Use of grant amount (1) In general An entity or organization that receives a grant under this section may use the funds made available through the grant for staff sal- aries, travel expenses, equipment, printing, and other reasonable expenses necessary to de- velop, maintain, and disseminate to employers and labor organizations described in sub- section (a), information and assistance con- cerning workplace responses to assist victims of domestic or sexual violence or sexual har- assment. (2) Responses Responses referred to in paragraph (1) may include— (A) providing training to promote a better understanding of workplace assistance to victims of domestic or sexual violence or sexual harassment; (B) providing conferences and other edu- cational opportunities; and (C) developing protocols and model work- place policies. (d) Liability The compliance or noncompliance of any em- ployer or labor organization with any protocol or policy developed by an entity or organization under this section shall not serve as a basis for liability in tort, express or implied contract, or by any other means. No protocol or policy devel- oped by an entity or organization under this sec- tion shall be referenced or enforced as a work- place safety standard by any Federal, State, or other governmental agency. (e) Pathways to Opportunity Pilot Project An eligible nonprofit nongovernmental entity or tribal organization that receives a grant under this section may develop a plan to en- hance the capacity of survivors to obtain and maintain employment, including through the implementation of a demonstration pilot pro- gram to be known as ‘‘Pathways to Oppor- tunity’’, which shall— (1) build collaborations between and among victim service providers, workforce develop- ment programs, and educational and voca- tional institutions to provide trauma informed programming to support survivors seeking em- ployment; and (2) be centered around culturally specific or- ganizations or organizations that primarily serve populations traditionally marginalized in the workplace. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2023 through 2027. (g) Availability of grant funds Funds appropriated under this section shall remain available until expended. (Pub. L. 103–322, title IV, § 41501, as added Pub. L. 109–162, title VII, § 701, Jan. 5, 2006, 119 Stat. 3052; amended Pub. L. 113–4, title VII, § 701, Mar. 7, 2013, 127 Stat. 110; Pub. L. 117–103, div. W, title VII, § 702, title XIII, § 1308, Mar. 15, 2022, 136 Stat. 891, 929.) Page 388 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12501 Editorial Notes CODIFICATION Section was formerly classified to section 14043f of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–103, § 702(1), inserted ‘‘and sexual harassment’’ after ‘‘domestic and sexual violence’’ and substituted ‘‘employers, labor organiza- tions, and victim service providers’’ for ‘‘employers and labor organizations’’. Subsec. (b)(2). Pub. L. 117–103, § 1308(1), substituted ‘‘companies, public entities’’ for ‘‘companies and public entities’’ and inserted ‘‘, and employers with fewer than 20 employees’’ after ‘‘State and local govern- ments’’. Subsec. (b)(3). Pub. L. 117–103, § 1308(2), inserted before period at end ‘‘, which materials shall include a website with resources for employers with fewer than 20 employees, including live training materials’’. Pub. L. 117–103, § 702(2), substituted ‘‘stalking, and sexual harassment’’ for ‘‘and stalking’’. Subsec. (c)(1). Pub. L. 117–103, § 702(3), inserted ‘‘or sexual harassment’’ before period at end. Subsec. (c)(2)(A). Pub. L. 117–103, § 702(4), inserted ‘‘or sexual harassment’’ after ‘‘sexual violence’’. Subsec. (e). Pub. L. 117–103, § 702(6), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 117–103, § 702(5), (7), redesignated subsec. (e) as (f) and substituted ‘‘$2,000,000 for each of fiscal years 2023 through 2027’’ for ‘‘$1,000,000 for each of fiscal years 2014 through 2018’’. Former subsec. (f) re- designated (g). Subsec. (g). Pub. L. 117–103, § 702(5), redesignated sub- sec. (f) as (g). 2013—Subsec. (e). Pub. L. 113–4 substituted ‘‘fiscal years 2014 through 2018’’ for ‘‘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, 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. FINDINGS Pub. L. 117–103, div. W, title VII, § 701, Mar. 15, 2022, 136 Stat. 889, provided that: ‘‘Congress finds the fol- lowing: ‘‘(1) Over 1 in 3 women experience sexual violence, and 1 in 5 women have survived completed or at- tempted rape. Such violence has a devastating im- pact on women’s physical and emotional health, fi- nancial security, and ability to maintain their jobs, and thus impacts interstate commerce and economic security. ‘‘(2) Homicide is one of the leading causes of death for women on the job. Domestic partners or relatives commit 43 percent of workplace homicides against women. One study found that intimate partner vio- lence resulted in 142 homicides among women at work in the United States from 2003 to 2008, a figure which represents 22 percent of the 648 workplace homicides among women during the period. In fact, in 2010, homicides against women at work increased by 13 percent despite continuous declines in overall work- place homicides in recent years. ‘‘(3) Violence can have a dramatic impact on the survivor of such violence. Studies indicate that 44 percent of surveyed employed adults experienced the effect of domestic violence in the workplace, and 64 percent indicated their workplace performance was affected by such violence. Another recent survey found that 78 percent of offenders used workplace re- sources to express anger, check up on, pressure, or threaten a survivor. Sexual assault, whether occur- ring in or out of the workplace, can impair an em- ployee’s work performance, require time away from work, and undermine the employee’s ability to main- tain a job. Nearly 50 percent of sexual assault sur- vivors lose their jobs or are forced to quit in the aftermath of the assaults. ‘‘(4) Studies find that 60 percent of single women lack economic security and 81 percent of households with single mothers live in economic insecurity. Sig- nificant barriers that survivors confront include ac- cess to housing, transportation, and child care. Nine- ty-two percent of homeless women have experienced domestic violence, and more than 50 percent of such women cite domestic violence as the direct cause for homelessness. Survivors are deprived of their auton- omy, liberty, and security, and face tremendous threats to their health and safety. ‘‘(5) The Centers for Disease Control and Prevention report that survivors of severe intimate partner vio- lence lose nearly 8,000,000 days of paid work, which is the equivalent of more than 32,000 full-time jobs and almost 5,600,000 days of household productivity each year. Therefore, women disproportionately need time off to care for their health or to find safety solutions, such as obtaining a restraining order or finding hous- ing, to avoid or prevent further violence. ‘‘(6) Annual costs of intimate partner violence are estimated to be more than $8,300,000,000. According to the Centers for Disease Control and Prevention, the costs of intimate partner violence against women in 1995 exceeded an estimated $5,800,000,000. These costs included nearly $4,100,000,000 in the direct costs of medical and mental health care and nearly $1,800,000,000 in the indirect costs of lost productivity. These statistics are generally considered to be under- estimated because the costs associated with the criminal justice system are not included. ‘‘(7) Fifty-five percent of senior executives recently surveyed said domestic violence has a harmful effect on their company’s productivity, and more than 70 percent said domestic violence negatively affects at- tendance. Seventy-eight percent of human resources professionals consider partner violence a workplace issue. However, more than 70 percent of United States workplaces have no formal program or policy that ad- dresses workplace violence, let alone domestic vio- lence. In fact, only 4 percent of employers provided training on domestic violence. ‘‘(8) Harassment is a persistent and significant problem in the workplace in the United States, and the Equal Employment Opportunity Commission found that not less than 25 percent, and as many as 85 percent, of women surveyed report having experi- enced sexual harassment at work. ‘‘(9) For decades, survivors of sexual violence have come forward to seek justice and demand their right to be free from violence, harassment, and other forms of discrimination. These calls for change reached a tipping point after October 2017 as a result of Tarana Burke’s work and #MeToo going viral. Thousands of courageous individuals, from Hollywood to the halls of Congress and the military, to restaurants, agricul- tural fields, and factory floors, shined a light on the pervasive and insidious nature of workplace harass- ment and sexual assault. ‘‘(10) Working people can be subjected to multiple forms of harassment in the workplace at the same time. ‘‘(11) According to the Equal Employment Oppor- tunity Commission, approximately 3 out of 4 individ- uals who experience harassment never talked to a su- 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;