USC Subchapter XIX

in effect

34 U.S.C. § 10441 Purpose of program and grants

(a) General program purposeThe purpose of this subchapter is to assist States, State and local courts (including juvenile courts), Indian tribal governments, tribal courts, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women. (b) Purposes for which grants may be usedGrants under this subchapter shall provide personnel, training, technical assistance, data collection and other resources for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women, for the protection and safety of victims, and specifically, for the purposes of—(1) training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of 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; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking; (3) developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking, as well as the appropriate treatment of victims, including implementation of the grant conditions in section 12291(b) of this title; (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking; (5) developing, enlarging, or strengthening victim services and legal assistance programs, including sexual assault, domestic violence, dating violence, and stalking programs, developing or improving delivery of victim services and legal assistance to underserved populations, providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of domestic violence, dating violence, sexual assault, and stalking; (6) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking; (7) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by State funds, to coordinate the response of State law enforcement agencies, prosecutors, courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, dating violence, and stalking; (8) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault; (9) developing, enlarging, or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of individuals 50 years of age or over, individuals with disabilities, and Deaf individuals who are victims of domestic violence, dating violence, sexual assault, or stalking, including recognizing, investigating, and prosecuting instances of such violence or assault and targeting outreach and support, counseling, legal assistance, and other victim services to such individuals; (10) providing assistance to victims of domestic violence and sexual assault in immigration matters; (11) maintaining core victim services and criminal justice initiatives, while supporting complementary new initiatives and emergency services for victims and their families, including rehabilitative work with offenders; (12) supporting the placement of special victim assistants (to be known as “Jessica Gonzales Victim Assistants”) in local law enforcement agencies to serve as liaisons between victims of domestic violence, dating violence, sexual assault, and stalking and personnel in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domestic violence, dating violence, sexual assault, or stalking and may undertake the following activities—(A) developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local law enforcement agencies, including the use of evidence-based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially lethal cases; (B) notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enforcement agency; (C) referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter programs, hotlines, or legal assistance services); and (D) taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order; (13) providing funding to law enforcement agencies, victim services providers, and State, tribal, territorial, and local governments (which funding stream shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote—(A) the development and implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to be known as “Crystal Judson Victim Advocates,” to provide supportive services and advocacy for victims of domestic violence committed by law enforcement personnel; (B) the implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police (“Domestic Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project” July 2003)); (C) the development of such protocols in collaboration with State, tribal, territorial and local victim service providers and domestic violence coalitions. Any law enforcement, State, tribal, territorial, or local government agency receiving funding under the Crystal Judson Domestic Violence Protocol Program under paragraph (13) shall on an annual basis, receive additional training on the topic of incidents of domestic violence committed by law enforcement personnel from domestic violence and sexual assault nonprofit organizations and, after a period of 2 years, provide a report of the adopted protocol to the Department of Justice, including a summary of progress in implementing such protocol; (14) developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to domestic violence, dating violence, sexual assault, and stalking; (15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault; (16) developing and strengthening policies, protocols, best practices, and training for law enforcement agencies and prosecutors relating to the investigation and prosecution of sexual assault cases and the appropriate treatment of victims; (17) developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings; (18) identifying and conducting inventories of backlogs of sexual assault evidence collection kits and developing protocols and policies for responding to and addressing such backlogs, including protocols and policies for notifying and involving victims; (19) developing, enlarging, or strengthening programs and projects to provide services and responses targeting male and female victims of domestic violence, dating violence, sexual assault, or stalking, whose ability to access traditional services and responses is affected by their sexual orientation or gender identity, as defined in section 249(c) of title 18; (20) developing, enhancing, or strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, stalking, or female genital mutilation or cutting, with not more than 5 percent of the amount allocated to a State to be used for this purpose; (21) developing, enhancing, or strengthening programs and projects to improve evidence collection methods for victims of domestic violence, dating violence, sexual assault, or stalking, including through funding for technology that better detects bruising and injuries across skin tones and related training; (22) developing, enlarging, or strengthening culturally specific victim services programs to provide culturally specific victim services and responses to female genital mutilation or cutting; (23) providing victim advocates in State or local law enforcement agencies, prosecutors’ offices, and courts to provide supportive services and advocacy to Indian victims of domestic violence, dating violence, sexual assault, and stalking; and (24) paying any fees charged by any governmental authority for furnishing a victim or the child of a victim with any of the following documents:(A) A birth certificate or passport of the individual, as required by law. (B) An identification card issued to the individual by a State or Tribe, that shows that the individual is a resident of the State or a member of the Tribe. (c) State coalition grants(1) PurposeThe Attorney General shall award grants to each State domestic violence coalition and sexual assault coalition for the purposes of coordinating State victim services activities, and collaborating and coordinating with Federal, State, and local entities engaged in violence against women activities. (2) Grants to State coalitionsThe Attorney General shall award grants to—(A) each State domestic violence coalition, as determined by the Secretary of Health and Human Services under section 10411 of title 42; and (B) each State sexual assault coalition, as determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. 280b et seq.). (3) Eligibility for other grantsReceipt of an award under this subsection by each State domestic violence and sexual assault coalition shall not preclude the coalition from receiving additional grants under this part to carry out the purposes described in subsection (b). (d) Tribal coalition grants(1) PurposeThe Attorney General shall award a grant to tribal coalitions for purposes of—(A) increasing awareness of domestic violence and sexual assault against Indian or Native Hawaiian women; (B) enhancing the response to violence against Indian or Native Hawaiian women at the Federal, State, and tribal levels; (C) identifying and providing technical assistance to coalition membership and tribal communities or Native Hawaiian communities to enhance access to essential services to Indian or Native Hawaiian women victimized by domestic and sexual violence, including sex trafficking; and (D) assisting Indian tribes or Native Hawaiian communities in developing and promoting State, local, and tribal legislation and policies that enhance best practices for responding to violent crimes against Indian or Native Hawaiian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking. (2) GrantsThe Attorney General shall award grants on an annual basis under paragraph (1) to—(A) each tribal coalition that—(i) meets the criteria of a tribal coalition under section 12291(a) of this title; (ii) is recognized by the Office on Violence Against Women; and (iii) provides services to Indian tribes or Native Hawaiian communities; and (B) organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes or Native Hawaiian communities are located but no tribal coalition exists. (3) Use of amountsFor each of fiscal years 2023 through 2027, of the amounts appropriated to carry out this subsection—(A) not more than 10 percent shall be made available to organizations described in paragraph (2)(B), provided that 1 or more organizations determined by the Attorney General to be qualified apply; (B) not less than 90 percent shall be made available to tribal coalitions described in paragraph (2)(A), which amounts shall be distributed equally among each eligible tribal coalition for the applicable fiscal year. (4) Eligibility for other grantsReceipt of an award under this subsection by a tribal coalition shall not preclude the tribal coalition from receiving additional grants under this chapter to carry out the purposes described in paragraph (1). (5) Multiple purpose applicationsNothing in this subsection prohibits any tribal coalition or organization described in paragraph (2) from applying for funding to address sexual assault or domestic violence needs in the same application. (6) Native Hawaiian definedIn this subsection, the term “Native Hawaiian” has the meaning given that term in section 4221 of title 25.

34 U.S.C. § 10442 Establishment of Office on Violence Against Women

(a) In generalThere is hereby established within the Department of Justice, under the general authority of the Attorney General, an Office on Violence Against Women (in this subchapter referred to as the “Office”). (b) Separate officeThe Office shall be a separate and distinct office within the Department of Justice, not subsumed by any other office, headed by a Director, who shall report to the Attorney General and serve as Counsel to the Attorney General on the subject of violence against women, and who shall have final authority over all grants, cooperative agreements, and contracts awarded by the Office. (c) JurisdictionUnder the general authority of the Attorney General, the Office—(1) shall have sole jurisdiction over all duties and functions described in section 10444 of this title; and (2) shall be solely responsible for coordination with other departments, agencies, or offices of all activities authorized or undertaken under—(A) the Violence Against Women Act of 1994 (title IV of Public Law 103–322); (B) the Violence Against Women Act of 2000 (division B of Public Law 106–386); (C) the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960); (D) the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54); and (E) the Violence Against Women Act Reauthorization Act of 2022.

34 U.S.C. § 10443 Director of Office on Violence Against Women

(a) AppointmentThe President, by and with the advice and consent of the Senate, shall appoint a Director for the Office on Violence Against Women (in this subchapter referred to as the “Director”) to be responsible, under the general authority of the Attorney General, for the administration, coordination, and implementation of the programs and activities of the Office. (b) Other employmentThe Director shall not—(1) engage in any employment other than that of serving as Director; or (2) 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 the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022. (c) VacancyIn the case of a vacancy, the President may designate an officer or employee who shall act as Director during the vacancy. (d) CompensationThe Director shall be compensated at a rate of pay not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5.

34 U.S.C. § 10444 Duties and functions of Director of Office on Violence Against Women

The Director shall have the following duties: (1) Maintaining liaison with the judicial branches of the Federal and State Governments on matters relating to violence against women. (2) Providing information to the President, the Congress, the judiciary, State, local, and tribal governments, and the general public on matters relating to violence against women. (3) Serving, at the request of the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to violence against women. (4) Serving, at the request of the President, acting through the Attorney General, as the representative of the United States Government on human rights and economic justice matters related to violence against women in international fora, including, but not limited to, the United Nations. (5) Carrying out the functions of the Department of Justice under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), and the Violence Against Women Act Reauthorization Act of 2022, including with respect to those functions—(A) the development of policy, protocols, and guidelines; (B) the development and management of grant programs and other programs, and the provision of technical assistance under such programs; and (C) the award and termination of grants, cooperative agreements, and contracts. (6) Providing technical assistance, coordination, and support to—(A) other components of the Department of Justice, in efforts to develop policy and to enforce Federal laws relating to violence against women, including the litigation of civil and criminal actions relating to enforcing such laws; (B) other Federal, State, local, and tribal agencies, in efforts to develop policy, provide technical assistance, synchronize Federal definitions and protocols, and improve coordination among agencies carrying out efforts to eliminate violence against women, including Indian or indigenous women; and (C) grantees, in efforts to combat violence against women and to provide support and assistance to victims of such violence. (7) Exercising such other powers and functions as may be vested in the Director pursuant to this subchapter or by delegation of the Attorney General. (8) Establishing such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Office.

34 U.S.C. § 10445 Staff of Office on Violence Against Women

The Attorney General shall ensure that the Director has adequate staff to support the Director in carrying out the Director’s responsibilities under this subchapter.

34 U.S.C. § 10446 State grants

(a) General grantsThe Attorney General may make grants to States, for use by States, State and local courts (including juvenile courts), units of local government, victim service providers, and Indian tribal governments for the purposes described in section 10441(b) of this title. (b) AmountsOf the amounts appropriated for the purposes of this subchapter—(1) 10 percent shall be available for grants under the program authorized by section 10452 of this title, which shall not otherwise be subject to the requirements of this subchapter (other than section 10447 of this title); (2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 10441(c) of this title, with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, the coalition for Guam, the coalition for American Samoa, the coalition for the United States Virgin Islands, and the coalition for the Commonwealth of the Northern Mariana Islands.,11 So in original. each receiving an amount equal to 1⁄56 of the total amount made available under this paragraph for each fiscal year; (3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 10441(c) of this title, with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, coalitions for Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each receiving an amount equal to 1⁄56 of the total amount made available under this paragraph for each fiscal year; (4) 1⁄56 shall be available for grants under section 10441(d) of this title; (5) $600,000 shall be available for grants to applicants in each State; and (6) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio to the amount of remaining funds as the population of the State bears to the population of all of the States that results from a distribution among the States on the basis of each State’s population in relation to the population of all States. (c) QualificationUpon satisfying the terms of subsection (d), any State shall be qualified for funds provided under this subchapter upon certification that—(1) the funds shall be used for any of the purposes described in section 10441(b) of this title; (2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with—(A) the State sexual assault coalition; (B) the State domestic violence coalition; (C) the law enforcement entities within the State; (D) prosecution offices; (E) State and local courts; (F) Tribal governments in those States with State or federally recognized Indian tribes; (G) representatives from underserved populations, including culturally specific populations; (H) victim service providers; (I) population specific organizations; and (J) other entities that the State or the Attorney General identifies as needed for the planning process; (3) grantees shall coordinate the State implementation plan described in paragraph (2) with the State plans described in section 10407 of title 42 and the programs described in section 20103 of this title and section 280b–1b of title 42.22 So in original. The period should probably be a semicolon. (4) 33 So in original. There are two pars. designated “(4)”. of the amount granted—(A) not less than 25 percent shall be allocated for law enforcement; (B) not less than 25 percent shall be allocated for prosecutors; (C) not less than 30 percent shall be allocated for victims services of which at least 10 percent shall be distributed to culturally specific community-based organizations; and (D) not less than 5 percent shall be allocated to State and local courts (including juvenile courts); and 44 So in original. The word “and” probably should not appear. (4) 3 any Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter.2, 55 See References in Text note below. (5) not later than 2 years after the date of enactment of this Act,5 and every year thereafter, not less than 20 percent of the total amount granted to a State under this subchapter 5 shall be allocated for programs or projects in 2 or more allocations listed in paragraph (4) that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship. (d) Application requirementsAn application for a grant under this section shall include—(1) the certifications of qualification required under subsection (c); (2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 10449 of this title; (3) proof of compliance with the requirements for paying fees and costs relating to domestic violence and protection order cases, described in section 10450 of this title; (4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 10451 of this title; (5) proof of compliance with the requirements regarding training for victim-centered prosecution described in section 10454 of this title; (6) certification of compliance with the grant conditions under section 12291(b) of this title, as applicable; (7) an implementation plan required under subsection (i); and (8) any other documentation that the Attorney General may require. (e) Disbursement(1) In generalNot later than 60 days after the receipt of an application under this subchapter, the Attorney General shall—(A) disburse the appropriate sums provided for under this subchapter; or (B) inform the applicant why the application does not conform to the terms of section 10181 5 of this title or to the requirements of this section. (2) RegulationsIn disbursing monies under this subchapter, the Attorney General shall issue regulations to ensure that States will—(A) give priority to areas of varying geographic size with the greatest showing of need based on the availability of existing domestic violence, dating violence, sexual assault, and stalking programs in the population and geographic area to be served in relation to the availability of such programs in other such populations and geographic areas; (B) determine the amount of subgrants based on the population and geographic area to be served; (C) equitably distribute monies on a geographic basis including nonurban and rural areas of various geographic sizes; and (D) recognize and meaningfully respond to the needs of underserved populations and ensure that monies set aside to fund culturally specific services and activities for underserved populations are distributed equitably among those populations. (3) ConditionsIn disbursing grants under this subchapter, the Attorney General may impose reasonable conditions on grant awards to ensure that the States meet statutory, regulatory, and other program requirements. (f) Federal shareThe Federal share of a grant made under this subchapter 5 may not exceed 75 percent of the total costs of the projects described in the application submitted, except that, for purposes of this subsection, the costs of the projects for victim services or tribes for which there is an exemption under section 12291(b)(1) of this title shall not count toward the total costs of the projects. (g) Indian tribesFunds appropriated by the Congress for the activities of any agency of an Indian tribal government or of the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this subchapter. (h) Grantee reporting(1) In generalUpon completion of the grant period under this subchapter, a State or Indian tribal grantee shall file a performance report with the Attorney General explaining the activities carried out, which report shall include an assessment of the effectiveness of those activities in achieving the purposes of this subchapter. (2) Certification by grantee and subgranteesA section of the performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant. (3) Suspension of fundingThe Attorney General shall suspend funding for an approved application if—(A) an applicant fails to submit an annual performance report; (B) funds are expended for purposes other than those described in this subchapter; or (C) a report under paragraph (1) or accompanying assessments demonstrate to the Attorney General that the program is ineffective or financially unsound. (i) Implementation plansA State applying for a grant under this subchapter shall—(1) develop an implementation plan in consultation with the entities listed in subsection (c)(2), that identifies how the State will use the funds awarded under this subchapter, including how the State will meet the requirements of subsection (c)(5) and the requirements under section 12291(b) of this title, as applicable; and (2) submit to the Attorney General—(A) the implementation plan developed under paragraph (1); (B) documentation from each member of the planning committee as to their participation in the planning process; (C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing—(i) the need for the grant funds; (ii) the intended use of the grant funds; (iii) the expected result of the grant funds; and (iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, sexual orientation, gender identity, and language background; (D) a description of how the State will ensure that any subgrantees will consult with victim service providers during the course of developing their grant applications in order to ensure that the proposed activities are designed to promote the safety, confidentiality, and economic independence of victims; (E) demographic data on the distribution of underserved populations within the State and a description of how the State will meet the needs of underserved populations, including the minimum allocation for population specific services required under subsection (c)(4)(C); (F) a description of how the State plans to meet the regulations issued pursuant to subsection (e)(2); (G) goals and objectives for reducing domestic violence-related homicides within the State; and (H) any other information requested by the Attorney General. (j) Reallocation of fundsA State may use any returned or remaining funds for any authorized purpose under this subchapter if—(1) funds from a subgrant awarded under this subchapter are returned to the State; or (2) the State does not receive sufficient eligible applications to award the full funding within the allocations in subsection (c)(4). (k) Grant increases for States with certain child custody proceeding laws and standards(1) DefinitionsIn this subsection:(A) Child custody proceedingThe term “child custody proceeding”—(i) means a private family court proceeding in State or local court that, with respect to a child, involves the care or custody of the child in a private divorce, separation, visitation, paternity, child support, legal or physical custody, or civil protection order proceeding between the parents of the child; and (ii) does not include—(I) any child protective, abuse, or neglect proceeding; (II) a juvenile justice proceeding; or (III) any child placement proceeding in which a State, local, or Tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding. (B) Eligible StateThe term “eligible State” means a State that—(i) receives a grant under subsection (a); and (ii) has in effect—(I) each law described in paragraph (3); (II) the standards described in paragraph (4); and (III) the training program described in paragraph (5). (C) Reunification treatmentThe term “reunification treatment” means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent or other family member of the child. (2) Increase(A) In generalThe Attorney General shall increase the amount of a grant awarded under subsection (a) to an eligible State that submits an application under paragraph (6) by an amount that is not more than 10 percent of the average of the total amount of funding provided to the State under subsection (a) under the 3 most recent awards to the State. (B) Term of increaseAn increase of a grant under subparagraph (A) shall be for 1 fiscal year. (C) RenewalAn eligible State that receives an increase under subparagraph (A) may submit an application for renewal of the increase at such time, in such manner, and containing such information as the Attorney General may reasonably require. (D) LimitAn eligible State may not receive an increase under subparagraph (A) for more than 4 fiscal years. (3) LawsThe laws described in this paragraph are the following:(A) A law that ensures that, with respect to a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse—(i) expert evidence from a court-appointed or outside professional relating to the alleged abuse may be admitted only if the professional possesses demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature; and (ii) in making a finding regarding any allegation of domestic violence or child abuse, including child sexual abuse, in addition to any other relevant admissible evidence, evidence of past sexual or physical abuse committed by the accused parent shall be considered, including—(I) any past or current protection or restraining orders against the accused parent; (II) sexual violence abuse protection orders against the accused parent; (III) arrests of the accused parent for domestic violence, sexual violence, or child abuse; or (IV) convictions of the accused parent for domestic violence, sexual violence, or child abuse. (B) A law that ensures that, during a child custody proceeding—(i) a court may not, solely in order to improve a deficient relationship with the other parent of a child, remove the child from a parent or litigating party—(I) who is competent, protective, and not physically or sexually abusive; and (II) with whom the child is bonded or to whom the child is attached; (ii) a court may not, solely in order to improve a deficient relationship with the other parent of a child, restrict contact between the child and a parent or litigating party—(I) who is competent, protective, and not physically or sexually abusive; and (II) with whom the child is bonded or to whom the child is attached; (iii) a court may not order a reunification treatment, unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment; (iv) a court may not order a reunification treatment that is predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached; and (v) any order to remediate the resistance of a child to have contact with a violent or abusive parent primarily addresses the behavior of that parent or the contributions of that parent to the resistance of the child before ordering the other parent of the child to take steps to potentially improve the relationship of the child with the parent with whom the child resists contact. (C) A law that requires judges and magistrates who hear child custody proceedings and other relevant court personnel involved in child custody proceedings, including guardians ad litem, best interest attorneys, counsel for children, custody evaluators, masters, and mediators to complete, with respect to the training program described in paragraph (5)—(i) not less than 20 hours of initial training; and (ii) not less than 15 hours of ongoing training every 5 years. (4) Uniform required standardsThe standards described in this paragraph are uniform required standards that—(A) apply to any neutral professional appointed by a court during a child custody proceeding to express an opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and trauma; and (B) require that a professional described in subparagraph (A) possess demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature. (5) Training and education programThe training program described in this paragraph is an ongoing training and education program that—(A) focuses solely on domestic and sexual violence and child abuse, including—(i) child sexual abuse; (ii) physical abuse; (iii) emotional abuse; (iv) coercive control; (v) implicit and explicit bias, including biases relating to parents with disabilities; (vi) trauma; (vii) long- and short-term impacts of domestic violence and child abuse on children; and (viii) victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; (B) is provided by—(i) a professional with substantial experience in assisting survivors of domestic violence or child abuse, including a victim service provider (as defined in section 12291 of this title); and (ii) if possible, a survivor of domestic violence or child physical or sexual abuse; (C) relies on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in subparagraph (A); (D) does not include theories, concepts, or belief systems unsupported by the research described in subparagraph (C); and (E) is designed to improve the ability of courts to—(i) recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in all family victims, particularly children; and (ii) make appropriate custody decisions that—(I) prioritize child safety and well-being; and (II) are culturally sensitive and appropriate for diverse communities. (6) Application(A) In generalAn eligible State desiring a grant increase 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. (B) ContentsAn application submitted by an eligible State under subparagraph (A) shall include information relating to—(i) the laws described paragraph (3); (ii) the standards described in paragraph (4); and (iii) the training program described in paragraph (5). (7) Use of fundsAn eligible State that receives a grant increase under paragraph (2)(A) shall use the total amount of the increase for the purposes described in subparagraph (C) or (D) of subsection (c)(4). (8) Rule of constructionNothing in this subsection shall be interpreted as discouraging States from adopting additional provisions to increase safe outcomes for children. Additional protective provisions are encouraged. (9) Authorization of appropriationsThere are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027.

34 U.S.C. § 10447 Definitions and grant conditions

In this subchapter the definitions and grant conditions in section 12291 of this title shall apply.

34 U.S.C. § 10448 General terms and conditions

(a) Nonmonetary assistanceIn addition to the assistance provided under this subchapter, the Attorney General may request any Federal agency to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State, tribal, and local assistance efforts. (b) ReportingNot later than 1 month after the end of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that includes, for each State and for each grantee Indian tribe—(1) the number of grants made and funds distributed under this subchapter; (2) a summary of the purposes for which those grants were provided and an evaluation of their progress; (3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability, and the membership of persons served in any underserved population; and (4) an evaluation of the effectiveness of programs funded under this subchapter. (c) Regulations or guidelinesNot later than 120 days after September 13, 1994, the Attorney General shall publish proposed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines implementing this subchapter.

34 U.S.C. § 10449 Rape exam payments

(a) Restriction of funds(1) In generalA State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter 11 So in original. See References in Text note below. unless the State, Indian tribal government, unit of local government, or another governmental entity—(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and (B) coordinates with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims. (2) RedistributionFunds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata. (b) Medical costsA State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity—(1) provides such exams to victims free of charge to the victim; or (2) arranges for victims to obtain such exams free of charge to the victims. (c) Use of fundsA State or Indian tribal government may use Federal grant funds under this subchapter to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers. (d) Noncooperation(1) In generalTo be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with subsection (b) without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement. (2) Compliance periodStates, territories, and Indian tribal governments shall have 3 years from the date of enactment of this Act 1 to come into compliance with this section. (e) Judicial notification(1) In generalA State or unit of local government shall not be entitled to funds under this subchapter unless the State or unit of local government—(A) certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18 and any applicable related Federal, State, or local laws; or (B) gives the Attorney General assurances that its judicial administrative policies and practices will be in compliance with the requirements of subparagraph (A) within the later of—(i) the period ending on the date on which the next session of the State legislature ends; or (ii) 2 years. (2) RedistributionFunds withheld from a State or unit of local government under subsection (a) shall be distributed to other States and units of local government, pro rata.

34 U.S.C. § 10450 Costs for criminal charges and protection orders

(a) In generalA State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, or unit of local government—(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault, or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, sexual assault, or stalking, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction; or (2) gives the Attorney General assurances that its laws, policies and practices will be in compliance with the requirements of paragraph (1) within the later of—(A) the period ending on the date on which the next session of the State legislature ends; or (B) 2 years after October 28, 2000. (b) RedistributionFunds withheld from a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata. (c) DefinitionIn this section, the term “protection order” has the meaning given the term in section 2266 of title 18.

34 U.S.C. § 10451 Polygraph testing prohibition

(a) In generalIn order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after January 5, 2006, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense. (b) ProsecutionThe refusal of a victim to submit to an examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.

34 U.S.C. § 10452 Grants to Indian tribal governments

(a) GrantsThe Attorney General may make grants to Indian tribal governments or authorized designees of Indian tribal governments to—(1) develop and enhance effective governmental strategies to curtail violent crimes against and increase the safety of Indian women consistent with tribal law and custom; (2) increase tribal capacity to respond to domestic violence, dating violence, sexual assault, sex trafficking, and stalking crimes against Indian women; (3) strengthen tribal justice interventions including tribal law enforcement, prosecution, courts, probation,11 So in original. Probably should be followed by “and”. correctional facilities; (4) enhance services to Indian women victimized by domestic violence, dating violence, sexual assault, sex trafficking, and stalking; (5) work in cooperation with the community to develop education and prevention strategies directed toward issues of domestic violence, dating violence, sexual assault, sex trafficking, and stalking; (6) provide programs for supervised visitation and safe visitation exchange of children in situations involving domestic violence, sexual assault, or stalking committed by one parent against the other with appropriate security measures, policies, and procedures to protect the safety of victims and their children; (7) provide transitional housing for victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking, including rental or utilities payments assistance and assistance with related expenses such as security deposits and other costs incidental to relocation to transitional housing, and support services to enable a victim of domestic violence, dating violence, sexual assault, sex trafficking, or stalking to locate and secure permanent housing and integrate into a community; (8) provide legal assistance necessary to provide effective aid to victims of domestic violence, dating violence, stalking, sex trafficking, or sexual assault who are seeking relief in legal matters arising as a consequence of that abuse or violence, at minimal or no cost to the victims; (9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of youth and children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the youth or child; (10) develop and promote legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking; (11) develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in section 5704 of title 25; and (12) compile and annually report data to the Attorney General related to missing or murdered Indians, as described in section 5705 of title 25. (b) CollaborationAll applicants under this section shall demonstrate their proposal was developed in consultation with a nonprofit, nongovernmental Indian victim services program, including sexual assault and domestic violence victim services providers in the tribal or local community, or a nonprofit tribal domestic violence and sexual assault coalition to the extent that they exist. In the absence of such a demonstration, the applicant may meet the requirement of this subsection through consultation with women in the community to be served.

34 U.S.C. § 10453 Tribal Deputy

(a) EstablishmentThere is established in the Office on Violence Against Women a Deputy Director for Tribal Affairs. (b) Duties(1) 11 So in original. No par. (2) has been enacted. In generalThe Deputy Director shall under the guidance and authority of the Director of the Office on Violence Against Women—(A) oversee and manage the administration of grants to and contracts with Indian tribes, tribal courts, tribal organizations, or tribal nonprofit organizations; (B) ensure that, if a grant under this Act or a contract pursuant to such a grant is made to an organization to perform services that benefit more than 1 Indian tribe, the approval of each Indian tribe to be benefitted shall be a prerequisite to the making of the grant or letting of the contract; (C) coordinate development of Federal policy, protocols, and guidelines on matters relating to violence against Indian women; (D) advise the Director of the Office on Violence Against Women concerning policies, legislation, implementation of laws, and other issues relating to violence against Indian women; (E) represent the Office on Violence Against Women in the annual consultations under section 20126 22 See References in Text note below. of this title; (F) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to violence against Indian women, including through litigation of civil and criminal actions relating to those laws; (G) maintain a liaison with the judicial branches of Federal, State, and tribal governments on matters relating to violence against Indian women; (H) support enforcement of tribal protection orders and implementation of full faith and credit educational projects and comity agreements between Indian tribes and States; and (I) ensure that adequate tribal technical assistance that is developed and provided by entities having expertise in tribal law, customary practices, and Federal Indian law is made available to Indian tribes, tribal courts, tribal organizations, and tribal nonprofit organizations for all programs relating to violence against Indian women. (c) Authority(1) In generalThe Deputy Director shall ensure that a portion of the tribal set-aside funds from any grant awarded under this Act, the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), or the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491) is used to enhance the capacity of Indian tribes to address the safety of Indian women. (2) AccountabilityThe Deputy Director shall ensure that some portion of the tribal set-aside funds from any grant made under this subchapter is used to hold offenders accountable through—(A) enhancement of the response of Indian tribes to crimes of domestic violence, dating violence, sexual assault, and stalking against Indian women, including legal services for victims and Indian-specific offender programs; (B) development and maintenance of tribal domestic violence shelters or programs for battered Indian women, including sexual assault services, that are based upon the unique circumstances of the Indian women to be served; (C) development of tribal educational awareness programs and materials; (D) support for customary tribal activities to strengthen the intolerance of an Indian tribe to violence against Indian women; and (E) development, implementation, and maintenance of tribal electronic databases for tribal protection order registries.

34 U.S.C. § 10454 Grant eligibility regarding compelling victim testimony

In order for a prosecutor’s office to be eligible to receive grant funds under this subchapter, the head of the office shall certify, to the State, Indian Tribal government, or territorial government receiving the grant funding, that the office will, during the 3-year period beginning on the date on which the grant is awarded, engage in planning, developing and implementing— (1) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases; (2) policies that support a victim-centered approach, informed by such training; and (3) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim.

34 U.S.C. § 10455 Senior Policy Advisor for Culturally Specific Communities

(a) EstablishmentThere is established in the Office on Violence Against Women a Senior Policy Advisor for Culturally Specific Communities. (b) DutiesThe Senior Policy Advisor for Culturally Specific Communities, under the guidance and authority of the Director, shall—(1) advise on the administration of grants related to culturally specific services and contracts with culturally specific organizations; (2) coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (3) advise the Director on policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (4) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (5) ensure that appropriate technical assistance, developed and provided by entities with expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities; (6) ensure access to grants and technical assistance for culturally specific organizations; and (7) analyze the distribution of grant funding in order to identify barriers for culturally specific organizations. (c) QualificationsNot later than 120 days after March 15, 2022, the Director shall hire for the position established under subsection (a) an individual with personal, lived, and work experience from a culturally specific community, and a demonstrated history and expertise addressing domestic violence or sexual assault in a nongovernmental agency.