United States Code (Last Updated: May 24, 2014) |
Title 42. THE PUBLIC HEALTH AND WELFARE |
Chapter 136. VIOLENT CRIME CONTROL AND LAW ENFORCEMENT |
SubChapter III. VIOLENCE AGAINST WOMEN |
Part B. Safe Homes for Women |
SubPart 4. transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking |
§ 13975. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
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(a) In general The Attorney General, acting in consultation with the Director of the Violence Against Women Office of the Department of Justice, the Department of Housing and Urban Development, and the Department of Health and Human Services, shall award grants under this section to States, units of local government, Indian tribes, and other organizations, including domestic violence and sexual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (referred to in this section as the “recipient”) to carry out programs to provide assistance to minors, adults, and their dependents— (1) who are homeless, or in need of transitional housing or other housing assistance, as a result of a situation of domestic violence, dating violence, sexual assault, or stalking; and (2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. (b) Grants Grants awarded under this section may be used for programs that provide— (1) transitional housing, including funding for the operating expenses of newly developed or existing transitional housing. The requirements of this section shall not apply to funds allocated for the program described in subclause (I). (ii) Priority shall be given to projects developed under subsection (b) of this section that primarily serve underserved populations. (D) Qualified application defined In this paragraph, the term “qualified application” means an application that— (i) has been submitted by an eligible applicant; (ii) does not propose any activities that may compromise victim safety, including— (I) background checks of victims; or (II) clinical evaluations to determine eligibility for services; (iii) reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and (iv) does not propose prohibited activities, including mandatory services for victims.
Amendments
2013—Pub. L. 113–4, § 602(2)(A), substituted “victims of domestic violence, dating violence, sexual assault, or stalking” for “child victims of domestic violence, stalking, or sexual assault” in section catchline.
Subsec. (a)(1). Pub. L. 113–4, § 602(2)(B), struck out “fleeing” before “a situation”.
Subsec. (b)(3). Pub. L. 113–4, § 602(2)(C), added subpar. (B), redesignated former subpar. (B) as (C), and, in subpar. (C), struck out “employment counseling,” after “case management,”.
Subsec. (g)(1). Pub. L. 113–4, § 602(2)(D)(i), which directed substitution of “$35,000,000 for each of fiscal years 2014 through 2018” for “$40,000,000 for each of fiscal years 2007 through 2011”, was executed by making the substitution for “$40,000,000 for each of the fiscal years 2007 through 2011” to reflect the probable intent of Congress.
Subsec. (g)(3)(A). Pub. L. 113–4, § 602(2)(D)(ii)(I), substituted “qualified” for “eligible”.
Subsec. (g)(3)(D). Pub. L. 113–4, § 602(2)(D)(ii)(II), added subpar. (D).
2006—Subsec. (a). Pub. L. 109–162, § 602(a)(1)(A), (B), in introductory provisions, inserted “the Department of Housing and Urban Development, and the Department of Health and Human Services,” after “Department of Justice,” and “, including domestic violence and sexual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking” after “other organizations”.
Subsec. (a)(1). Pub. L. 109–162, § 602(a)(1)(C), inserted “, dating violence, sexual assault, or stalking” after “domestic violence”.
Subsec. (b)(1). Pub. L. 109–162, § 602(a)(2)(C), added par. (1). Former par. (1) redesignated (2).
Subsec. (b)(2). Pub. L. 109–162, § 602(a)(2)(A), redesignated par. (1) as (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 109–162, § 602(a)(2)(A), (B), redesignated par. (2) as (3) and inserted “, dating violence, sexual assault, or stalking” after “violence” in introductory provisions.
Subsec. (b)(3)(B). Pub. L. 109–162, § 602(a)(2)(D), inserted “Participation in the support services shall be voluntary. Receipt of the benefits of the housing assistance described in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their dependents in any or all of the support services offered them.” at end.
Subsec. (c)(1). Pub. L. 109–162, § 602(a)(3), substituted “24 months” for “18 months”.
Subsec. (d)(2)(B), (C). Pub. L. 109–162, § 602(a)(4), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (e)(2)(A). Pub. L. 109–162, § 602(a)(5)(A), inserted “purpose and” before “amount”.
Subsec. (e)(2)(E). Pub. L. 109–162, § 602(a)(5)(B)–(D), added subpar. (E).
Subsec. (f)(1). Pub. L. 109–162, § 1135(e), which directed an amendment substantially identical to that made by Pub. L. 109–162, § 3(b)(4), was repealed by Pub. L. 109–271, §§ 2(d) and 8(b).
Pub. L. 109–162, § 3(b)(4), substituted “shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e) of this section not later than 1 month after the end of each even-numbered fiscal year.” for “shall annually prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e) of this section.”
Subsec. (g)(1). Pub. L. 109–162, § 602(a)(6)(A)–(C), substituted “$40,000,000” for “$30,000,000”, “2007” for “2004”, and “2011” for “2008”.
Subsec. (g)(2). Pub. L. 109–162, § 602(a)(6)(D), (E), substituted “up to 5 percent” for “not more than 3 percent” and inserted “evaluation, monitoring, technical assistance,” before “salaries”.
Subsec. (g)(3)(C). Pub. L. 109–162, § 602(a)(6)(F), added subpar. (C).
Subsec. (g)(3)(C)(i). Pub. L. 109–271, § 7(c)(1)(A), added cl. (i) and struck out former cl. (i) which read as follows: “A minimum of 7 percent of the total amount appropriated in any fiscal year shall be allocated to tribal organizations serving adult and youth victims of domestic violence, dating violence, sexual assault, or stalking, and their dependents.”
Subsec. (g)(4). Pub. L. 109–271, § 7(c)(1)(B), struck out par. (4) which read as follows: “Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized in section 3796gg–10 of this title. The requirements of this paragraph shall not apply to funds allocated for such program.”
Pub. L. 109–162, § 906(e), formerly § 906(f), as renumbered by Pub. L. 109–271, § 7(b)(2)(B), added par. (4).
Effective Date Of Amendment
Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following
Amendment by sections 602(a) and 906(e) of Pub. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 3793 of this title.
Transfer Of Functions
Functions of Office on Women’s Health of the Public Health Service exercised prior to