U.S Code last checked for updates: Nov 22, 2024
§ 20121.
Legal assistance for victims
(a)
In general
(b)
Definitions and grant conditions
(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 service providers 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 implement, expand, and establish efforts and projects to provide competent, supervised pro bono legal assistance for victims of domestic violence, dating violence, sexual assault, or stalking, except that not more than 10 percent of the funds awarded under this section may be used for the purpose described in this paragraph.
(d)
Eligibility
To be eligible for a grant under subsection (c), applicants shall certify in writing that—
(1)
any person providing legal assistance through a program funded under this section—
(A)
(i)
is a licensed attorney or is working under the direct supervision of a licensed attorney;
(ii)
in immigration proceedings, is a Board of Immigration Appeals accredited representative;
(iii)
in Veterans’ Administration claims, is an accredited representative; or
(iv)
is any person who functions as an attorney or lay advocate in Tribal court; and
(B)
(i)
has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or
(ii)
(I)
is partnered with an entity or person that has demonstrated expertise described in clause (i); and
(II)
has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide;
(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, local, or culturally specific domestic violence, dating violence, sexual assault or stalking victim service provider 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) 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, stalking, or child sexual abuse is an issue.
(e)
Evaluation
(f)
Authorization of appropriations
(1)
In general
(2)
Allocation of funds
(A)
Tribal programs
(B)
Tribal government program
(i)
In general
(ii)
Applicability of part 1
1
 See References in Text note below.
(C)
Victims of sexual assault
(3)
Nonsupplantation
(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; Pub. L. 113–4, title I, § 103, Mar. 7, 2013, 127 Stat. 73; Pub. L. 117–103, div. W, title I, § 103, Mar. 15, 2022, 136 Stat. 850.)
cite as: 34 USC 20121