34 USC 10441 - Purpose of program and grants

Editorial Notes

References in Text

The Public Health Service Act, referred to in subsec. (c)(2)(B), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§ 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

This chapter, referred to in subsec. (d)(4), was in the original “this title”, meaning title I of Puspan. L. 90–351, as added by Puspan. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

Codification

Section was formerly classified to section 3796gg of Title 42, The Public Health and Welfare, prior to editorial 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.

Prior Provisions

A prior section 2001 of Puspan. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title.

Amendments

2022—Subsec. (span)(3). Puspan. L. 117–103, § 101(a)(1)(A)(i), inserted “, including implementation of the grant conditions in section 12291(span) of this title” before semicolon at end.

Subsec. (span)(5). Puspan. L. 117–103, § 101(a)(1)(A)(ii), inserted “and legal assistance” after “improving delivery of victim services”.

Subsec. (span)(9). Puspan. L. 117–103, § 101(a)(1)(A)(iii), substituted “individuals 50 years of age or over, individuals with disabilities, and Deaf individuals” for “older and disabled women” and “such individuals” for “such older and disabled individuals” and inserted “legal assistance,” after “counseling,”.

Subsec. (span)(11). Puspan. L. 117–103, § 101(a)(1)(A)(iv), inserted “, including rehabilitative work with offenders” before semicolon at end.

Subsec. (span)(20). Puspan. L. 117–103, § 101(a)(1)(A)(vi)(I), substituted “stalking, or female genital mutilation or cutting” for “or stalking”.

Subsec. (span)(21) to (24). Puspan. L. 117–103, § 101(a)(1)(A)(v), (vi)(II), (vii), added pars. (21) to (24).

Subsec. (d)(1)(A), (B). Puspan. L. 117–315, § 2(a)(1)(A), (B), inserted “or Native Hawaiian” after “Indian”.

Subsec. (d)(1)(C). Puspan. L. 117–315, § 2(a)(1)(C), inserted “or Native Hawaiian communities” after “tribal communities” and “or Native Hawaiian” after “Indian”.

Subsec. (d)(1)(D). Puspan. L. 117–315, § 2(a)(1)(D), inserted “or Native Hawaiian communities” after “Indian tribes” and “or Native Hawaiian” after “against Indian”.

Subsec. (d)(2)(A)(iii), (B). Puspan. L. 117–315, § 2(a)(2), inserted “or Native Hawaiian communities” after “Indian tribes”.

Subsec. (d)(3). Puspan. L. 117–103, § 101(a)(1)(B), substituted “2023 through 2027” for “2014 through 2018” in introductory provisions.

Subsec. (d)(6). Puspan. L. 117–315, § 2(a)(3), added par. (6).

2013—Subsec. (span). Puspan. L. 113–4, § 101(2)(A), substituted “resources” for “equipment” and inserted “for the protection and safety of victims,” after “women,” in introductory provisions.

Subsec. (span)(1). Puspan. L. 113–4, § 101(2)(B), substituted “domestic violence, dating violence, sexual assault, and stalking, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of section 1101(a)(15) of title 8” for “sexual assault, domestic violence, and dating violence”.

Subsec. (span)(2). Puspan. L. 113–4, § 101(2)(C), substituted “domestic violence, dating violence, sexual assault, and stalking” for “sexual assault and domestic violence”.

Subsec. (span)(3). Puspan. L. 113–4, § 101(2)(D), substituted “domestic violence, dating violence, sexual assault, and stalking, as well as the appropriate treatment of victims” for “sexual assault and domestic violence”.

Subsec. (span)(4). Puspan. L. 113–4, § 101(2)(E), inserted “, classifying,” after “identifying” and substituted “domestic violence, dating violence, sexual assault, and stalking” for “sexual assault and domestic violence”.

Subsec. (span)(5). Puspan. L. 113–4, § 101(2)(F)(iii), substituted “domestic violence, dating violence, sexual assault, and stalking” for “sexual assault and domestic violence”.

Puspan. L. 113–4, § 101(2)(F)(ii), which directed substitution of “domestic violence, dating violence, and stalking” for “domestic violence and dating violence”, was executed by making the substitution for “domestic violence, and dating violence” to reflect the probable intent of Congress.

Puspan. L. 113–4, § 101(2)(F)(i), which directed insertion of “and legal assistance” after “victim services”, was executed by making the insertion after “victim services” the first time appearing to reflect the probable intent of Congress.

Subsec. (span)(6). Puspan. L. 113–4, § 101(2)(H), substituted “domestic violence, dating violence, sexual assault, and stalking” for “sexual assault and domestic violence”.

Puspan. L. 113–4, § 101(2)(G), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: “developing, enlarging, or strengthening programs addressing stalking;”.

Subsec. (span)(7). Puspan. L. 113–4, § 101(2)(I), substituted “dating violence, and stalking” for “and dating violence”.

Puspan. L. 113–4, § 101(2)(G), redesignated par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (span)(8). Puspan. L. 113–4, § 101(2)(G), redesignated par. (9) as (8). Former par. (8) redesignated (7).

Subsec. (span)(9). Puspan. L. 113–4, § 101(2)(J), substituted “domestic violence, dating violence, sexual assault, or stalking” for “domestic violence or sexual assault”.

Puspan. L. 113–4, § 101(2)(G), redesignated par. (10) as (9). Former par. (9) redesignated (8).

Subsec. (span)(10), (11). Puspan. L. 113–4, § 101(2)(G), redesignated pars. (11) and (12) as (10) and (11), respectively. Former par. (10) redesignated (9).

Subsec. (span)(12). Puspan. L. 113–4, § 101(2)(G), redesignated par. (13) as (12). Former par. (12) redesignated (11).

Subsec. (span)(12)(A). Puspan. L. 113–4, § 101(2)(K)(i), substituted “the use of evidence-based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially lethal cases” for “triage protocols to ensure that dangerous or potentially lethal cases are identified and prioritized”.

Subsec. (span)(12)(D). Puspan. L. 113–4, § 101(2)(K)(ii), struck out “and” after semicolon.

Subsec. (span)(13). Puspan. L. 113–4, § 101(2)(L), in introductory provisions, substituted “providing” for “to provide”, struck out “nonprofit nongovernmental” before “victim services”, and struck out comma after “local governments”, and in concluding provisions, substituted “paragraph (13)” for “paragraph (14)” and substituted semicolon for period at end.

Puspan. L. 113–4, § 101(2)(G), redesignated par. (14) as (13). Former par. (13) redesignated (12).

Subsec. (span)(14). Puspan. L. 113–4, § 101(2)(M), added par. (14). Former par. (14) redesignated (13).

Subsec. (span)(15) to (20). Puspan. L. 113–4, § 101(2)(M), added pars. (15) to (20).

Subsec. (d). Puspan. L. 113–4, § 902, added subsec. (d) and struck out former subsec. (d) which related to tribal coalition grants.

2010—Subsec. (c)(2)(A). Puspan. L. 111–320 substituted “under section 10411 of this title” for “through the Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.)”.

2006—Subsec. (span). Puspan. L. 109–162 added pars. (12) to (14).

2004—Subsec. (d). Puspan. L. 108–405 added subsec. (d).

2000—Subsec. (a). Puspan. L. 106–386, § 1102(a)(1)(A), substituted “State and local courts (including juvenile courts), Indian tribal governments, tribal courts,” for “Indian tribal governments,”.

Subsec. (span)(1). Puspan. L. 106–386, §§ 1102(a)(1)(B)(i), 1109(span)(1), inserted “, judges, other court personnel,” after “law enforcement officers” and substituted “sexual assault, domestic violence, and dating violence” for “sexual assault and domestic violence”.

Subsec. (span)(2). Puspan. L. 106–386, § 1102(a)(1)(B)(ii), inserted “, judges, other court personnel,” after “law enforcement officers”.

Subsec. (span)(3). Puspan. L. 106–386, § 1102(a)(1)(B)(iii), inserted “, court,” after “police”.

Subsec. (span)(5). Puspan. L. 106–386, §§ 1103(span)(1)(A)(i), 1109(span)(2), substituted “including sexual assault, domestic violence, and dating violence” for “including sexual assault and domestic violence” and “underserved populations” for “racial, cultural, ethnic, and language minorities”.

Subsec. (span)(8), (9). Puspan. L. 106–386, § 1103(span)(1)(A)(ii)–(iv), added pars. (8) and (9).

Subsec. (span)(10). Puspan. L. 106–386, § 1209(c), added par. (10).

Subsec. (span)(11). Puspan. L. 106–386, § 1512(a), added par. (11).

Subsec. (c). Puspan. L. 106–386, § 1103(span)(1)(B), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–315, § 3, Dec. 27, 2022, 136 Stat. 4405, provided that: “This Act [see Short Title of 2022 Amendment note set out under section 10101 of this title] shall become effective one day after enactment [Dec. 27, 2022].”

Amendment by Puspan. 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 Puspan. 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 Puspan. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Puspan. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

Effective Date of 2006 Amendment

Amendment by Puspan. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Puspan. L. 109–162, set out as a note under section 10261 of this title.

Incentives for States To Create Sexual Assault Survivors’ Bill of Rights

Puspan. L. 117–263, div. E, title LIX, § 5903(a), Dec. 23, 2022, 136 Stat. 3441, provided that:

“(a)Incentives for States to Create Sexual Assault Survivors’ Bill of Rights.—

“(1)Definition of covered formula grant.—In this subsection, the term ‘covered formula grant’ means a grant under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the ‘STOP Violence Against Women Formula Grant Program’).

“(2)Grant increase.—The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this subsection if the State has in effect a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code.

“(3)Application.—A State seeking an increase to a covered formula grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in paragraph (2).

“(4)Period of increase.—The Attorney General may not provide an increase in the amount of the covered formula grant provided to a State under this subsection more than 4 times.

“(5)Authorization of appropriations.—There are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027 to carry out this subsection.”

Standards, Practice, and Training for Sexual Assault Forensic Examinations

Puspan. L. 106–386, div. B, title IV, § 1405, Oct. 28, 2000, 114 Stat. 1515, provided that:

“(a)In General.—The Attorney General shall—

“(1) evaluate existing standards of training and practice for licensed health care professionals performing sexual assault forensic examinations and develop a national recommended standard for training;

“(2) recommend sexual assault forensic examination training for all health care students to improve the recognition of injuries suggestive of rape and sexual assault and baseline knowledge of appropriate referrals in victim treatment and evidence collection; and

“(3) review existing national, State, tribal, and local protocols on sexual assault forensic examinations, and based on this review, develop a recommended national protocol and establish a mechanism for its nationwide dissemination.

“(span)Consultation.—The Attorney General shall consult with national, State, tribal, and local experts in the area of rape and sexual assault, including rape crisis centers, State and tribal sexual assault and domestic violence coalitions and programs, and programs for criminal justice, forensic nursing, forensic science, emergency room medicine, law, social services, and sex crimes in underserved communities (as defined in [former] section 2003(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([former] 42 U.S.C. 3796gg–2(7)), as amended by this division).

“(c)Report.—The Attorney General shall ensure that not later than 1 year after the date of the enactment of this Act [Oct. 28, 2000], a report of the actions taken pursuant to subsection (a) is submitted to Congress.

“(d)Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $200,000 for fiscal year 2001.”

[For definitions of terms used in section 1405 of Puspan. L. 106–386, set out above, see section 1002 of Puspan. L. 106–386, set out as a note under section 10447 of this title.]