statute

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

lent Crime Control and Law Enforcement Act of 1994.
For complete classification of this Act to the Code, see
Short Title note set out under section 13701 of this title
and Tables.
Section 280g–4 of this title, referred to in subsec. (c),
was in the original ‘‘section 399O of the Public Health
Service Act’’, and was translated as referring to the
section 399O of the Public Health Service Act added by
Pub. L. 109–162, § 504, to reflect the probable intent of
Congress. Another section 399O of the Public Health
Service Act is classified to section 280g–3 of this title.
SUBPART 4—TRANSITIONAL HOUSING ASSISTANCE
GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT

CODIFICATION
This subpart was, in the original, chapter 11 of subtitle B of title IV of Pub. L. 103–322, and has been designated as subpart 4 of this part for purposes of codification. Another chapter 11 of subtitle B of title IV of
Pub. L. 103–322 was designated subpart 3a of this part.

§ 13975. Transitional housing assistance grants
for child victims of domestic violence, stalking, or sexual assault
(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 fleeing 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.1
(2) short-term housing assistance, including
rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing
for persons described in subsection (a) of this
section; and
(3) support services designed to enable a
minor, an adult, or a dependent of such minor
or adult, who is fleeing a situation of domestic
violence, dating violence, sexual assault, or
stalking to—
1 So

in original. The period probably should be a semicolon.

§ 13975

(A) locate and secure permanent housing;
and
(B) integrate into a community by providing that minor, adult, or dependent with
services, such as transportation, counseling,
child care services, case management, employment counseling, and other assistance.
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.
(c) Duration
(1) In general
Except as provided in paragraph (2), a minor,
an adult, or a dependent, who receives assistance under this section shall receive that assistance for not more than 24 months.
(2) Waiver
The recipient of a grant under this section
may waive the restriction under paragraph (1)
for not more than an additional 6 month period with respect to any minor, adult, or dependent, who—
(A) has made a good-faith effort to acquire
permanent housing; and
(B) has been unable to acquire permanent
housing.
(d) Application
(1) In general
Each eligible entity desiring a grant under
this section shall submit an application to the
Attorney General at such time, in such manner, and accompanied by such information as
the Attorney General may reasonably require.
(2) Contents
Each application submitted pursuant to
paragraph (1) shall—
(A) describe the activities for which assistance under this section is sought;
(B) provide assurances that any supportive
services offered to participants in programs
developed under subsection (b)(3) of this section are voluntary and that refusal to receive such services shall not be grounds for
termination from the program or eviction
from the victim’s housing; and
(C) provide such additional assurances as
the Attorney General determines to be essential to ensure compliance with the requirements of this section.
(3) Application
Nothing in this subsection shall be construed to require—
(A) victims to participate in the criminal
justice system in order to receive services;
or
(B) domestic violence advocates to breach
client confidentiality.
(e) Report to the Attorney General
(1) In general
A recipient of a grant under this section
shall annually prepare and submit to the Attorney General a report describing—

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(A) the number of minors, adults, and dependents assisted under this section; and
(B) the types of housing assistance and
support services provided under this section.
(2) Contents
Each report prepared and submitted pursuant to paragraph (1) shall include information
regarding—
(A) the purpose and amount of housing assistance provided to each minor, adult, or
dependent, assisted under this section and
the reason for that assistance;
(B) the number of months each minor,
adult, or dependent, received assistance
under this section;
(C) the number of minors, adults, and dependents who—
(i) were eligible to receive assistance
under this section; and
(ii) were not provided with assistance
under this section solely due to a lack of
available housing;
(D) the type of support services provided
to each minor, adult, or dependent, assisted
under this section; and
(E) the client population served and the
number of individuals requesting services
that the transitional housing program is unable to serve as a result of a lack of resources.
(f) Report to Congress
(1) Reporting requirement
The Attorney General, with the Director of
the Violence Against Women Office, 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.
(2) Availability of report
In order to coordinate efforts to assist the
victims of domestic violence, the Attorney
General, in coordination with the Director of
the Violence Against Women Office, shall
transmit a copy of the report submitted under
paragraph (1) to—
(A) the Office of Community Planning and
Development at the United States Department of Housing and Urban Development;
and
(B) the Office of Women’s Health at the
United States Department of Health and
Human Services.
(g) Authorization of appropriations
(1) In general
There are authorized to be appropriated to
carry out this section $40,000,000 for each of
the fiscal years 2007 through 2011.
(2) Limitations
Of the amount made available to carry out
this section in any fiscal year, up to 5 percent
may be used by the Attorney General for evaluation, monitoring, technical assistance, salaries and administrative expenses.

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(3) Minimum amount
(A) In general
Except as provided in subparagraph (B),
unless all eligible applications submitted by
any States, units of local government, Indian tribes, or organizations within a State
for a grant under this section have been
funded, that State, together with the grantees within the State (other than Indian
tribes), shall be allocated in each fiscal year,
not less than 0.75 percent of the total
amount appropriated in the fiscal year for
grants pursuant to this section.
(B) Exception
The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated not less
than 0.25 percent of the total amount appropriated in the fiscal year for grants pursuant
to this section.
(C) Underserved populations
(i) INDIAN TRIBES.—
(I) IN GENERAL.—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 by section 3796gg–10 of this title.
(II) APPLICABILITY OF PART.— 2 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.
(Pub. L. 103–322, title IV, § 40299, as added Pub. L.
108–21, title VI, § 611, Apr. 30, 2003, 117 Stat. 693;
Pub. L. 109–162, § 3(b)(4), title VI, § 602(a), title
IX, § 906(e), formerly § 906(f), title XI, § 1135(e),
Jan. 5, 2006, 119 Stat. 2971, 3038, 3081, 3109, renumbered § 906(e), Pub. L. 109–271, § 7(b)(2)(B), Aug. 12,
2006, 120 Stat. 764; amended Pub. L. 109–271,
§§ 2(d), 7(c)(1), 8(b), Aug. 12, 2006, 120 Stat. 752,
764–766.)
AMENDMENTS
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.
2 So

in original. Probably should be ‘‘section’’.

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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).
TRANSFER OF FUNCTIONS
Functions of Office on Women’s Health of the Public
Health Service exercised prior to Mar. 23, 2010, transferred to Office on Women’s Health established under
section 237a of this title, see section 3509(a)(2) of Pub.
L. 111–148, set out as a note under section 237a of this
title.
EFFECTIVE DATE OF 2006 AMENDMENT
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.

PART C—CIVIL RIGHTS FOR WOMEN
§ 13981. Civil rights
(a) Purpose
Pursuant to the affirmative power of Congress
to enact this part under section 5 of the Four-

§ 13981

teenth Amendment to the Constitution, as well
as under section 8 of Article I of the Constitution, it is the purpose of this part to protect the
civil rights of victims of gender motivated violence and to promote public safety, health, and
activities affecting interstate commerce by establishing a Federal civil rights cause of action
for victims of crimes of violence motivated by
gender.
(b) Right to be free from crimes of violence
All persons within the United States shall
have the right to be free from crimes of violence
motivated by gender (as defined in subsection
(d) of this section).
(c) Cause of action
A person (including a person who acts under
color of any statute, ordinance, regulation, custom, or usage of any State) who commits a
crime of violence motivated by gender and thus
deprives another of the right declared in subsection (b) of this section shall be liable to the
party injured, in an action for the recovery of
compensatory and punitive damages, injunctive
and declaratory relief, and such other relief as a
court may deem appropriate.
(d) Definitions
For purposes of this section—
(1) the term ‘‘crime of violence motivated by
gender’’ means a crime of violence committed
because of gender or on the basis of gender,
and due, at least in part, to an animus based
on the victim’s gender; and
(2) the term ‘‘crime of violence’’ means— 1
(A) an act or series of acts that would constitute a felony against the person or that
would constitute a felony against property if
the conduct presents a serious risk of physical injury to another, and that would come
within the meaning of State or Federal offenses described in section 16 of title 18,
whether or not those acts have actually resulted in criminal charges, prosecution, or
conviction and whether or not those acts
were committed in the special maritime,
territorial, or prison jurisdiction of the
United States; and
(B) includes an act or series of acts that
would constitute a felony described in subparagraph (A) but for the relationship between the person who takes such action and
the individual against whom such action is
taken.
(e) Limitation and procedures
(1) Limitation
Nothing in this section entitles a person to
a cause of action under subsection (c) of this
section for random acts of violence unrelated
to gender or for acts that cannot be demonstrated, by a preponderance of the evidence,
to be motivated by gender (within the meaning of subsection (d) of this section).
(2) No prior criminal action
Nothing in this section requires a prior
criminal complaint, prosecution, or conviction
1 So in original. The word ‘‘means’’ probably should appear
after ‘‘(A)’’ below.