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U.S.
Code › Title 42 › Chapter
46 › Subchapter XII-H › §
3796gg–0b

42 U.S. Code § 3796gg - Purpose of program and
grants

US
Code

Notes

Authorities
(CFR)

prev | next

§ 3796gg.

Purpose of program and grants

(a) General program purpose

The 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;

(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 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 older and disabled women 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, and other victim services to such
older and disabled 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;

(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; and

(20)

developing, enhancing, or strengthening prevention and
educational programming to address domestic violence, dating violence, sexual
assault, or stalking, with not more than 5 percent of the amount allocated to a
State to be used for this purpose.

(c) State coalition grants

(1) Purpose

The 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 this
title; 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
grants

Receipt 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) of this section.

(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 women;

(B)

enhancing the response to violence against Indian women at
the Federal, State, and tribal levels;

(C)

identifying and providing technical assistance to
coalition membership and tribal communities to enhance access to essential
services to Indian women victimized by domestic and sexual violence, including
sex trafficking; and

(D)

assisting Indian tribes in developing and promoting State,
local, and tribal 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.

(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
13925(a) of this title;

(ii)

is recognized by the Office on Violence Against Women;
and

(iii)

provides services to Indian tribes; and

(B)

organizations that propose to incorporate and operate a
tribal coalition in areas where Indian tribes are located but no tribal
coalition exists.

(3) Use of amountsFor each of fiscal years 2014 through 2018, 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
grants

Receipt 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
applications

Nothing 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.

(Pub.
L. 90–351, title I, § 2001, as added Pub.
L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108
Stat. 1910; amended Pub.
L. 106–386, div. B, title I, §§ 1102(a)(1), 1103(b)(1), 1109(b), title II,
§ 1209(c), title V, § 1512(a), Oct. 28,
2000, 114
Stat. 1494, 1495, 1503, 1509, 1533; Pub.
L. 108–405, title III, § 310(a), Oct.
30, 2004, 118
Stat. 2276; Pub.
L. 109–162, title I, § 101(b), Jan. 5,
2006, 119
Stat. 2972; Pub.
L. 111–320, title II, § 202(c), Dec.
20, 2010, 124
Stat. 3509; Pub.
L. 113–4, title I, § 101(2), title IX, § 902, Mar.
7, 2013, 127
Stat. 65, 119.)

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
this title. For complete classification of this Act to the Code, see Short Title
note set out under section
201 of this title and Tables.

This chapter, referred to in subsec. (d)(4), was in the original “this
title”, meaning title I of Pub.
L. 90–351, as added by Pub.
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.

Prior
Provisions

A prior section
2001 of Pub. L. 90–351 was renumbered section 2601 and is classified to section
3797 of this title.

Amendments

2013—Subsec. (b). Pub.
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. (b)(1). Pub.
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. (b)(2). Pub.
L. 113–4, § 101(2)(C), substituted “domestic violence, dating violence,
sexual assault, and stalking” for “sexual assault and domestic violence”.

Subsec. (b)(3). Pub.
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. (b)(4). Pub.
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. (b)(5). Pub.
L. 113–4, § 101(2)(F)(iii), substituted “domestic violence, dating violence,
sexual assault, and stalking” for “sexual assault and domestic violence”.

Pub.
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.

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

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

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

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

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

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

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

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

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

Subsec. (b)(13). Pub.
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.

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

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

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

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

2010—Subsec. (c)(2)(A). Pub.
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. (b). Pub.
L. 109–162 added pars. (12) to (14).

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

2000—Subsec. (a). Pub.
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. (b)(1). Pub.
L. 106–386, §§ 1102(a)(1)(B)(i), 1109(b)(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. (b)(2). Pub.
L. 106–386, § 1102(a)(1)(B)(ii), inserted “, judges, other court personnel,”
after “law enforcement officers”.

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

Subsec. (b)(5). Pub.
L. 106–386, §§ 1103(b)(1)(A)(i), 1109(b)(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. (b)(8), (9). Pub.
L. 106–386, § 1103(b)(1)(A)(ii)–(iv), added pars. (8) and (9).

Subsec. (b)(10). Pub.
L. 106–386, § 1209(c), added par. (10).

Subsec. (b)(11). Pub.
L. 106–386, § 1512(a), added par. (11).

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

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 section 2261 of Title
18, Crimes and Criminal Procedure.

Effective
Date of 2006 Amendment

Amendment by Pub.
L. 109–162 not effective until the beginning of fiscal year 2007, see section
4 of Pub. L. 109–162, set out as a note under section 3793 of this
title.

Standards, Practice, and Training for Sexual
Assault Forensic Examinations

Pub.
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.

“(b)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 Pub. L. 106–386, set out above, see section
1002 of Pub. L. 106–386, set out as a note under section
3796gg–2 of this title.]

This is a list of parts within the Code
of Federal Regulations for which this US Code section provides rulemaking
authority.

This list is taken from the Parallel Table of Authorities and
Rules provided by GPO
[Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the
database weekly. More limitations on accuracy are described at the GPO site.

28 CFR - Judicial Administration

28 CFR Part 33
- BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

28 CFR Part 90
- VIOLENCE AGAINST WOMEN

LII has no control over and does not endorse any external Internet site
that contains links to or references LII.

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