STOP Violence Against Indian Women Grant Program Statute

42 U.S.C.A. § 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 used
Grants under this subchapter shall provide personnel, training, technical assistance, data
collection and other equipment for the more widespread apprehension, prosecution, and
adjudication of persons committing violent crimes against women, 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 sexual assault, domestic violence, and dating violence;
(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 sexual assault and domestic violence;
(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 sexual assault and
domestic violence;
(4) developing, installing, or expanding data collection and communication systems,
including computerized systems, linking police, prosecutors, and courts or for the
purpose of identifying and tracking arrests, protection orders, violations of protection
orders, prosecutions, and convictions for violent crimes against women, including the
crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services programs, including sexual
assault, domestic violence and dating violence 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 sexual assault and domestic violence;
(6) developing, enlarging, or strengthening programs addressing stalking;

(7) developing, enlarging, or strengthening programs addressing the needs and
circumstances of Indian tribes in dealing with violent crimes against women, including
the crimes of sexual assault and domestic violence;
(8) 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, and dating violence;
(9) 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;
(10) 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 or sexual assault, 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;
(11) providing assistance to victims of domestic violence and sexual assault in
immigration matters;
(12) maintaining core victim services and criminal justice initiatives, while supporting
complementary new initiatives and emergency services for victims and their families;
(13) 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 triage protocols to ensure that dangerous or potentially lethal cases are
identified and prioritized;
(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; and
(14) to provide funding to law enforcement agencies, nonprofit nongovernmental
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 (14) 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.
(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 coalitions
The Attorney General shall award grants to--

(A) each State domestic violence coalition, as determined by the Secretary of Health
and Human Services through the Family Violence Prevention and Services Act (42
U.S.C. 10410 et seq.); 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 subchapter to carry out the purposes described in subsection (b) of this section.
(d) Tribal coalition grants
(1) Purpose
The Attorney General shall award grants to tribal domestic violence and sexual assault
coalitions for purposes of-(A) increasing awareness of domestic violence and sexual assault against American
Indian and Alaska Native women;
(B) enhancing the response to violence against American Indian and Alaska Native
women at the tribal, Federal, and State levels; and
(C) identifying and providing technical assistance to coalition membership and tribal
communities to enhance access to essential services to American Indian women
victimized by domestic and sexual violence.
(2) Grants to tribal coalitions
The Attorney General shall award grants under paragraph (1) to-(A) established nonprofit, nongovernmental tribal coalitions addressing domestic
violence and sexual assault against American Indian and Alaska Native women; and
(B) individuals or organizations that propose to incorporate as nonprofit,
nongovernmental tribal coalitions to address domestic violence and sexual assault
against American Indian and Alaska Native women.
(3) Eligibility for other grants
Receipt of an award under this subsection by tribal domestic violence and sexual
assault coalitions shall not preclude the coalition from receiving additional grants under

this chapter to carry out the purposes described in subsection (b) of this section.

42 U.S.C.A. § 3796gg-1
State grants
(a) General grants
The Attorney General may make grants to States, for use by States, State and local courts
(including juvenile courts), units of local government, nonprofit nongovernmental victim
services programs, and Indian tribal governments for the purposes described in section
3796gg(b) of this title.
(b) Amounts
Of the amounts appropriated for the purposes of this subchapter-(1) Ten percent shall be available for grants under the program authorized in section
3796gg-10 of this title, which shall not otherwise be subject to the requirements of this
part (other than section 3796gg-2 of this title).
(2) 2.5 percent shall be available for grants for State domestic violence coalitions under
section 3796gg(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 U.S. Virgin Islands,
and the Coalition for 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;
(3) 2.5 percent shall be available for grants for State sexual assault coalitions under
section 3796gg(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 3796gg(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 (not including populations of Indian tribes).

(c) Qualification
Upon satisfying the terms of subsection (d) of this section, 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 3796gg(b) of
this title;
(2) grantees and subgrantees shall develop a plan for implementation and shall consult
and coordinate with nonprofit, nongovernmental victim services programs, including
sexual assault and domestic violence victim services programs and describe how the
State will address the needs of underserved populations;
(3) of the amount granted-(A) not less than 25 percent shall be allocated for law enforcement and not less than
25 percent shall be allocated for prosecutors;
(B) not less than 30 percent shall be allocated for victim services, of which at least 10
percent shall be distributed to culturally specific community-based organization; and
(C) not less than 5 percent shall be allocated for State and local courts (including
juvenile courts); and
(4) 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 chapter.
(d) Application requirements
The application requirements provided in section 3763 of this title shall apply to grants
made under this subchapter. In addition, each application shall include the certifications
of qualification required by subsection (c) of this section, including documentation from
nonprofit, nongovernmental victim services programs, describing their participation in
developing the plan required by subsection (c)(2) of this section. An application shall
include-(1) documentation from the prosecution, law enforcement, court, and victim services
programs to be assisted, demonstrating-(A) need for the grant funds;
(B) intended use of the grant funds;
(C) expected results from the use of grant funds; and

(D) demographic characteristics of the populations to be served, including age,
marital status, disability, race, ethnicity and language background;
(2) proof of compliance with the requirements for the payment of forensic medical
exams provided in section 3796gg-4 of this title; and
(3) proof of compliance with the requirements for paying filing and service fees for
domestic violence cases provided in section 3796gg-5 of this title; and
(4) documentation showing that tribal, territorial, State or local prosecution, law
enforcement, and courts have consulted with tribal, territorial, State, or local victim
service programs during the course of developing their grant applications in order to
ensure that proposed services, activities and equipment acquisitions are designed to
promote the safety, confidentiality, and economic independence of victims of domestic
violence, sexual assault, stalking, and dating violence.
(e) Disbursement
(1) In general
Not 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
3763 of this title or to the requirements of this section.
(2) Regulations
In 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 and sexual assault
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 linguistically and culturally specific services and
activities for underserved populations are distributed equitably among those
populations.
(f) Federal share
The Federal share of a grant made under this subchapter may not exceed 75 percent of the
total costs of the projects described in the application submitted.
(g) Indian tribes
Funds 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 general
Upon 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 subgrantees
A 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 funding
The 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.

42 U.S.C.A. § 3796gg-2
Definitions and grant conditions
In this subchapter the definitions and grant conditions in section 13925 of this title shall
apply.

42 U.S.C.A. § 3796gg-3
General terms and conditions
(a) Nonmonetary assistance
In 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) Reporting
Not 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 guidelines
Not 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.

42 U.S.C.A. § 3796gg-4
Rape exam payments
(a) Restriction of funds
(1) In general
A State, Indian tribal government, or unit of local government, shall not be entitled to
funds under this subchapter unless the State, Indian tribal government, unit of local
government, or another governmental entity incurs the full out-of-pocket cost of
forensic medical exams described in subsection (b) of this section for victims of sexual
assault.
(2) Redistribution
Funds 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 costs
A 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;
(2) arranges for victims to obtain such exams free of charge to the victims; or
(3) reimburses victims for the cost of such exams if-(A) the reimbursement covers the full cost of such exams, without any deductible
requirement or limit on the amount of a reimbursement;
(B) the reimbursing governmental entity permits victims to apply for reimbursement
for not less than one year from the date of the exam;
(C) the reimbursing governmental entity provides reimbursement not later than 90
days after written notification of the victim's expense; and
(D) the State, Indian tribal government, unit of local government, or reimbursing
governmental entity provides information at the time of the exam to all victims,
including victims with limited or no English proficiency, regarding how to obtain
reimbursement.

(c) Use of funds
A 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) Rule of construction
(1) In General
Nothing in this section shall be construed to permit a State, Indian tribal government, or
territorial government to require a victim of sexual assault to participate in the criminal
justice system or cooperate with law enforcement in order to be provided with a
forensic medical exam, reimbursement for charges incurred on account of such an
exam, or both.
(2) Compliance Period
States, territories, and Indian tribal governments shall have 3 years from the date of
enactment of the Violence Against Women and Department of Justice Reauthorization
Act of 2005 to come into compliance with this subsection.
(e) Judicial notification
(1) In general
A 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) Redistribution

Funds withheld from a State or unit of local government under subsection (a) of this
section shall be distributed to other States and units of local government, pro rata.

42 U.S.C.A. § 3796gg-5
Costs for criminal charges and protection orders
(a) In general
A 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 offense, or in connection
with the filing, issuance, registration, or service of a protection order, or a petition for a
protection order, to protect a victim of domestic violence, stalking, or sexual assault,
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, 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) Redistribution
Funds withheld from a State, unit of local government, or Indian tribal government under
subsection (a) of this section shall be distributed to other States, units of local
government, and Indian tribal government, respectively, pro rata.
(c) Definition
In this section, the term "protection order" has the meaning given the term in section
2266 of Title 18.

42 U.S.C.A. § 3796gg-8

Polygraph testing prohibition
(a) In general
In 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) Prosecution
The refusal of a victim to submit to an examination described in subsection (a) of this
section shall not prevent the investigation, charging, or prosecution of the offense.