LAV Program statute

§ 3796gg–6

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(Pub. L. 90–351, title I, § 2011, formerly § 2006, as
added Pub. L. 103–322, title IV, § 40121(a)(3), Sept.
13, 1994, 108 Stat. 1915; amended Pub. L. 106–386,
div. B, title I, § 1101(b)(1), Oct. 28, 2000, 114 Stat.
1492; renumbered § 2011, Pub. L. 107–273, div. A,
title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; Pub.
L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat.
2276.)
AMENDMENTS
2000—Pub. L. 106–386, § 1101(b)(1)(A), in section catchline, substituted ‘‘Costs’’ for ‘‘Filing costs’’ and inserted ‘‘and protection orders’’ after ‘‘charges’’.
Subsec. (a)(1). Pub. L. 106–386, § 1101(b)(1)(B)(i), added
par. (1) and struck out former par. (1) which read as follows: ‘‘certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, that
the abused bear the costs associated with the filing of
criminal charges against the domestic violence offender, or the costs associated with the issuance or
service of a warrant, protection order, or witness subpoena; or’’.
Subsec. (a)(2)(B). Pub. L. 106–386, § 1101(b)(1)(B)(ii),
substituted ‘‘2 years after October 28, 2000’’ for ‘‘2
years’’.
Subsec. (c). Pub. L. 106–386, § 1101(b)(1)(C), added subsec. (c).

§ 3796gg–6. Legal assistance for victims
(a) In general
The purpose of this section is to enable the Attorney General to award grants to increase the
availability of civil and criminal legal assistance necessary to provide effective aid to adult
and youth victims of domestic violence, dating
violence, stalking, 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. Criminal legal assistance provided for under this section shall be
limited to criminal matters relating to domestic

Page 5094

violence, sexual assault, dating violence, and
stalking.
(b) Definitions
In this section, the definitions provided in section 13925 of this title shall apply.
(c) Legal assistance for victims grants
The Attorney General may award grants under
this subsection to private nonprofit entities, Indian tribal governments and tribal organizations, territorial organizations, and publicly
funded organizations not acting in a governmental capacity such as law schools, and which
shall be used—
(1) to implement, expand, and establish cooperative efforts and projects between domestic violence, dating violence, and sexual assault victim services organizations and legal
assistance providers to provide legal assistance for victims of domestic violence, dating
violence, stalking, and sexual assault;
(2) to implement, expand, and establish efforts and projects to provide legal assistance
for victims of domestic violence, dating violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf
of these victims; and
(3) to provide training, technical assistance,
and data collection to improve the capacity of
grantees and other entities to offer legal assistance to victims of domestic violence, dating violence, stalking, and sexual assault.
(d) Eligibility
To be eligible for a grant under subsection (c)
of this section, applicants shall certify in writing that—
(1) any person providing legal assistance
through a program funded under subsection (c)
of this section has completed or will complete
training in connection with domestic violence,
dating violence, or sexual assault and related
legal issues;
(2) any training program conducted in satisfaction of the requirement of paragraph (1) has
been or will be developed with input from and
in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault or stalking organization
or coalition, as well as appropriate tribal,
State, territorial, and local law enforcement
officials;
(3) any person or organization providing
legal assistance through a program funded
under subsection (c) of this section has informed and will continue to inform State,
local, or tribal domestic violence, dating violence, or sexual assault programs and coalitions, as well as appropriate State and local
law enforcement officials of their work; and
(4) the grantee’s organizational policies do
not require mediation or counseling involving
offenders and victims physically together, in
cases where sexual assault, domestic violence,
dating violence, or child sexual abuse is an
issue.
(e) Evaluation
The Attorney General may evaluate the
grants funded under this section through con-

Page 5095

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tracts or other arrangements with entities expert on domestic violence, dating violence,
stalking, and sexual assault, and on evaluation
research.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to
carry out this section $65,000,000 for each of
fiscal years 2007 through 2011.
(2) Allocation of funds
(A) Tribal programs
Of the amount made available under this
subsection in each fiscal year, not less than
3 percent shall be used for grants for programs that assist adult and youth victims of
domestic violence, dating violence, stalking,
and sexual assault on lands within the jurisdiction of an Indian tribe.
(B) Tribal government program
(i) In general
Not less than 7 percent of the total
amount available under this section for
each fiscal year shall be available for
grants under the program authorized by
section 3796gg–10 of this title.
(ii) Applicability of subchapter
The requirements of this section shall
not apply to funds allocated for the program described in clause (i).
(C) Victims of sexual assault
Of the amount made available under this
subsection in each fiscal year, not less than
25 percent shall be used for direct services,
training, and technical assistance to support
projects focused solely or primarily on providing legal assistance to victims of sexual
assault.
(3) Nonsupplantation
Amounts made available under this section
shall be used to supplement and not supplant
other Federal, State, and local funds expended
to further the purpose of this section.
(Pub. L. 106–386, div. B, title II, § 1201, Oct. 28,
2000, 114 Stat. 1504; Pub. L. 108–405, title II, § 205,
Oct. 30, 2004, 118 Stat. 2271; Pub. L. 109–162, title
I, § 103, title IX, § 906(f), formerly § 906(g), Jan. 5,
2006, 119 Stat. 2978, 3082, renumbered § 906(f), Pub.
L. 109–271, § 7(b)(2)(B), Aug. 12, 2006, 120 Stat. 764;
Pub. L. 109–271, § 7(d)(1), Aug. 12, 2006, 120 Stat.
765.)
CODIFICATION
Section was enacted as part of the Violence Against
Women Act of 2000 and also as part of the Victims of
Trafficking and Violence Protection Act of 2000, and
not as part of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 which comprises this chapter.

§ 3796gg–7

Prior to amendment, text defined for purposes of this
section the terms ‘‘dating violence’’, ‘‘domestic violence’’, ‘‘legal assistance’’, and ‘‘sexual assault’’.
Subsec. (c). Pub. L. 109–162, § 103(3), inserted ‘‘and
tribal organizations, territorial organizations’’ after
‘‘Indian tribal governments’’ in introductory provisions.
Subsec. (d)(2). Pub. L. 109–162, § 103(4), added par. (2)
and struck out former par. (2) which read as follows:
‘‘any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with input from and in collaboration with a State,
local, or tribal domestic violence, dating violence, or
sexual assault program or coalition, as well as appropriate State and local law enforcement officials;’’.
Subsec. (e). Pub. L. 109–162, § 103(5), which directed
amendment identical to that made by Pub. L. 108–405,
§ 205(5), was not executed. See 2004 Amendment note
below.
Subsec. (f)(1). Pub. L. 109–162, § 103(6)(A), added par. (1)
and struck out former par. (1). Former text read as follows: ‘‘There is authorized to be appropriated to carry
out this section $40,000,000 for each of fiscal years 2001
through 2005.’’
Subsec. (f)(2)(A). Pub. L. 109–271, § 7(d)(1)(A)(i), substituted ‘‘3 percent’’ for ‘‘10 percent’’.
Pub. L. 109–162, § 103(6)(B), substituted ‘‘10 percent’’
for ‘‘5 percent’’ and inserted ‘‘adult and youth’’ after
‘‘that assist’’.
Subsec. (f)(2)(B), (C). Pub. L. 109–271, § 7(d)(1)(A)(ii),
(iii), added subpar. (B) and redesignated former subpar.
(B) as (C).
Subsec. (f)(4). Pub. L. 109–271, § 7(d)(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(f), formerly § 906(g), as renumbered by Pub. L. 109–271, § 7(b)(2)(B), added par. (4).
2004—Subsec. (a). Pub. L. 108–405, § 205(1), inserted
‘‘dating violence,’’ after ‘‘domestic violence,’’.
Subsec. (b)(1) to (4). Pub. L. 108–405, § 205(2), added par.
(1), redesignated former pars. (1) to (3) as (2) to (4), respectively, and inserted ‘‘dating violence,’’ after ‘‘domestic violence,’’ in par. (3).
Subsec. (c)(1). Pub. L. 108–405, § 205(3)(A), inserted
‘‘, dating violence,’’ after ‘‘between domestic violence’’
and ‘‘dating violence,’’ after ‘‘victims of domestic violence,’’.
Subsec. (c)(2), (3). Pub. L. 108–405, § 205(3)(B), (C), inserted ‘‘dating violence,’’ after ‘‘domestic violence,’’.
Subsec. (d)(1) to (3). Pub. L. 108–405, § 205(4)(A)–(C), inserted ‘‘, dating violence,’’ after ‘‘domestic violence’’.
Subsec. (d)(4). Pub. L. 108–405, § 205(4)(D), inserted
‘‘dating violence,’’ after ‘‘domestic violence,’’.
Subsec. (e). Pub. L. 108–405, § 205(5), inserted ‘‘dating
violence,’’ after ‘‘domestic violence,’’.
Subsec. (f)(2)(A). Pub. L. 108–405, § 205(6), inserted
‘‘dating violence,’’ after ‘‘domestic violence,’’.
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.

AMENDMENTS

§ 3796gg–7. Education, training, and enhanced
services to end violence against and abuse of
women with disabilities

2006—Subsec. (a). Pub. L. 109–162, § 103(1), inserted
‘‘civil and criminal’’ after ‘‘availability of’’, ‘‘adult and
youth’’ after ‘‘effective aid to’’, and ‘‘Criminal legal assistance provided for under this section shall be limited
to criminal matters relating to domestic violence, sexual assault, dating violence, and stalking.’’ at end.
Subsec. (b). Pub. L. 109–162, § 103(2), reenacted subsec.
heading without change and amended text generally.

(a) In general
The Attorney General, in consultation with
the Secretary of Health and Human Services,
may award grants to eligible entities—
(1) to provide training, consultation, and information on domestic violence, dating violence, stalking, and sexual assault against in-