Collapse to view only § 10405. Allotment of funds
- § 10401. Short title; purpose
- § 10402. Definitions
- § 10403. Authorization of appropriations
- § 10404. Authority of Secretary
- § 10405. Allotment of funds
- § 10406. Formula grants to States
- § 10407. State application
- § 10408. Subgrants and uses of funds
- § 10409. Grants for Indian tribes
- § 10410. National resource centers and training and technical assistance centers
- § 10411. Grants to State Domestic Violence Coalitions
- § 10412. Specialized services for abused parents and their children
- § 10413. National domestic violence hotline grant
- § 10414. Domestic Violence Prevention Enhancement and Leadership Through Alliances (DELTA)
- § 10415. Repealed.
- § 10416. Omitted
- § 10417. Repealed.
- §§ 10418, 10419. Omitted
- § 10420. Transferred
- § 10421. Omitted
§ 10401. Short title; purpose
(a) Short title
(b) Purpose
It is the purpose of this chapter to—
(1) assist States and Indian tribes in efforts to increase public awareness about, and primary and secondary prevention of, family violence, domestic violence, and dating violence;
(2) assist States and Indian tribes in efforts to provide immediate shelter and supportive services for victims of family violence, domestic violence, or dating violence, and their dependents;
(3) provide for a national domestic violence hotline;
(4) provide for technical assistance and training relating to family violence, domestic violence, and dating violence programs to States and Indian tribes, local public agencies (including law enforcement agencies, courts, and legal, social service, and health care professionals in public agencies), nonprofit private organizations (including faith-based and charitable organizations, community-based organizations, and voluntary associations), tribal organizations, and other persons seeking such assistance and training.
(Pub. L. 98–457, title III, § 301, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484.)
§ 10402. DefinitionsIn this chapter:
(1) Alaska Native
(2) Dating violence
(3) Domestic violence
(4) Family violenceThe term “family violence” means any act or threatened act of violence, including any forceful detention of an individual, that—
(A) results or threatens to result in physical injury; and
(B) is committed by a person against another individual (including an elderly individual) to or with whom such person—
(i) is related by blood;
(ii) is or was related by marriage or is or was otherwise legally related; or
(iii) is or was lawfully residing.
(5) Indian; Indian tribe; tribal organization
(6) Native Hawaiian
(7) Personally identifying information
(8) Secretary
(9) Shelter
(10) State
(11) State Domestic Violence CoalitionThe term “State Domestic Violence Coalition” means a statewide nongovernmental nonprofit private domestic violence organization that—
(A) has a membership that includes a majority of the primary-purpose domestic violence service providers in the State;
(B) has board membership that is representative of primary-purpose domestic violence service providers, and which may include representatives of the communities in which the services are being provided in the State;
(C) has as its purpose to provide education, support, and technical assistance to such service providers to enable the providers to establish and maintain shelter and supportive services for victims of domestic violence and their dependents; and
(D) serves as an information clearinghouse, primary point of contact, and resource center on domestic violence for the State and supports the development of polices, protocols, and procedures to enhance domestic violence intervention and prevention in the State.
(12) Supportive servicesThe term “supportive services” means services for adult and youth victims of family violence, domestic violence, or dating violence, and dependents exposed to family violence, domestic violence, or dating violence, that are designed to—
(A) meet the needs of such victims of family violence, domestic violence, or dating violence, and their dependents, for short-term, transitional, or long-term safety; and
(B) provide counseling, advocacy, or assistance for victims of family violence, domestic violence, or dating violence, and their dependents.
(13) Tribally designated official
(14) Underserved populations
(Pub. L. 98–457, title III, § 302, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484; amended Pub. L. 114–95, title IX, § 9215(ii), Dec. 10, 2015, 129 Stat. 2175.)
§ 10403. Authorization of appropriations
(a) Formula grants to States
(1) In general
(2) Allocations
(A) Formula grants to States
(i) Reservation of funds
(ii) Formula grants
(B) Grants to tribes
(C) Technical assistance and training centers
(D) Grants for State Domestic Violence Coalitions
(E) Administration, evaluation and monitoring
(b) National domestic violence hotline
(c) Domestic Violence Prevention Enhancement and Leadership Through Alliances
(d) Additional fundingFor the purposes of carrying out this chapter, in addition to amounts otherwise made available for such purposes, there are appropriated, out of any amounts in the Treasury not otherwise appropriated, for fiscal year 2021, to remain available until expended except as otherwise provided in this subsection, each of the following:
(1) $180,000,000 to carry out sections 10401 through 10412 of this title, to be allocated in the manner described in subsection (a)(2), except that—
(A) a reference in subsection (a)(2) to an amount appropriated under subsection (a)(1) shall be considered to be a reference to an amount appropriated under this paragraph;
(B) the matching requirement in section 10406(c)(4) of this title and condition in section 10408(d)(3) 1
1 So in original. There is no par. (3) of section 10408(d) of this title.
of this title shall not apply; and(C) each reference in section 10405(e) of this title to “the end of the following fiscal year” shall be considered to be a reference to “the end of fiscal year 2025”; and
(D) funds made available to a State in a grant under section 10406(a) of this title and obligated in a timely manner shall be available for expenditure, by the State or a recipient of funds from the grant, through the end of fiscal year 2025;2
2 So in original. The semicolon probably should be a period.
(2) $18,000,000 to carry out section 10409 of this title.
(3) $2,000,000 to carry out section 10413 of this title, of which $1,000,000 shall be allocated to support Indian communities.
(Pub. L. 98–457, title III, § 303, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3486; amended Pub. L. 117–2, title II, § 2204(a), Mar. 11, 2021, 135 Stat. 34.)
§ 10404. Authority of Secretary
(a) AuthoritiesIn order to carry out the provisions of this chapter, the Secretary is authorized to—
(1) appoint and fix the compensation of such personnel as are necessary;
(2) procure, to the extent authorized by section 3109 of title 5, such temporary and intermittent services of experts and consultants as are necessary;
(3) make grants to eligible entities or enter into contracts with for-profit or nonprofit nongovernmental entities and establish reporting requirements for such grantees and contractors;
(4) prescribe such regulations and guidance as are reasonably necessary in order to carry out the objectives and provisions of this chapter, including regulations and guidance on implementing new grant conditions established or provisions modified by amendments made to this chapter by the CAPTA Reauthorization Act of 2010, to ensure accountability and transparency of the actions of grantees and contractors, or as determined by the Secretary to be reasonably necessary to carry out this chapter; and
(5) coordinate programs within the Department of Health and Human Services, and seek to coordinate those programs with programs administered by other Federal agencies, that involve or affect efforts to prevent family violence, domestic violence, and dating violence or the provision of assistance for adult and youth victims of family violence, domestic violence, or dating violence.
(b) AdministrationThe Secretary shall—
(1) assign 1 or more employees of the Department of Health and Human Services to carry out the provisions of this chapter, including carrying out evaluation and monitoring under this chapter, which employees shall, prior to such appointment, have expertise in the field of family violence and domestic violence prevention and services and, to the extent practicable, have expertise in the field of dating violence;
(2) provide technical assistance in the conduct of programs for the prevention and treatment of family violence, domestic violence, and dating violence;
(3) provide for and coordinate research into the most effective approaches to the intervention in and prevention of family violence, domestic violence, and dating violence, by—
(A) consulting with experts and program providers within the family violence, domestic violence, and dating violence field to identify gaps in research and knowledge, establish research priorities, and disseminate research findings;
(B) collecting and reporting data on the provision of family violence, domestic violence, and dating violence services, including assistance and programs supported by Federal funds made available under this chapter and by other governmental or nongovernmental sources of funds; and
(C) coordinating family violence, domestic violence, and dating violence research efforts within the Department of Health and Human Services with relevant research administered or carried out by other Federal agencies and other researchers, including research on the provision of assistance for adult and youth victims of family violence, domestic violence, or dating violence; and
(4) support the development and implementation of effective policies, protocols, and programs within the Department and at other Federal agencies that address the safety and support needs of adult and youth victims of family violence, domestic violence, or dating violence.
(c) Reports
(Pub. L. 98–457, title III, § 304, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3487.)
§ 10405. Allotment of funds
(a) In general
From the sums appropriated under section 10403 of this title and available for grants to States under section 10406(a) of this title for any fiscal year—
(1) Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than ⅛ of 1 percent of the amounts available for grants under section 10406(a) of this title for the fiscal year for which the allotment is made; and
(2) each State shall be allotted for a grant under section 10406(a) of this title, $600,000, with the remaining funds to be allotted to each State in an amount that bears the same ratio to such remaining funds as the population of such State bears to the population of all States.
(b) Population
(c) Ratable reduction
(d) Reallotment
(e) Continued availability of funds
(f) Definition
(Pub. L. 98–457, title III, § 305, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3488.)
§ 10406. Formula grants to States
(a) Formula grants to StatesThe Secretary shall award grants to States in order to assist in supporting the establishment, maintenance, and expansion of programs and projects—
(1) to prevent incidents of family violence, domestic violence, and dating violence;
(2) to provide immediate shelter, supportive services, and access to community-based programs for victims of family violence, domestic violence, or dating violence, and their dependents; and
(3) to provide specialized services for children exposed to family violence, domestic violence, or dating violence, underserved populations, and victims who are members of racial and ethnic minority populations.
(b) Administrative expenses
(1) Administrative costs
(2) Subgrants to eligible entities
(c) Grant conditions
(1) Approved activities
(2) Discrimination prohibited
(A) Application of civil rights provisions
(B) Prohibition on discrimination on basis of sex, religion
(i) In general
(ii) Enforcement
(iii) Construction
(C) Enforcement authorities of SecretaryWhenever the Secretary finds that a State, Indian tribe, or other entity that has received financial assistance under this chapter has failed to comply with a provision of law referred to in subparagraph (A), with subparagraph (B), or with an applicable regulation (including one prescribed to carry out subparagraph (B)), the Secretary shall notify the chief executive officer of the State involved or the tribally designated official of the tribe involved and shall request such officer or official to secure compliance. If, within a reasonable period of time, not to exceed 60 days, the chief executive officer or official fails or refuses to secure compliance, the Secretary may—
(i) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
(ii) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), sections 504 and 505 of the Rehabilitation Act of 1973 [29 U.S.C. 794, 794a], or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as may be applicable; or
(iii) take such other action as may be provided by law.
(D) Enforcement authority of Attorney General
(3) Income eligibility standards
(4) Match
(5) Nondisclosure of confidential or private information
(A) In general
(B) NondisclosureSubject to subparagraphs (C), (D), and (E), grantees and subgrantees shall not—
(i) disclose any personally identifying information collected in connection with services requested (including services utilized or denied), through grantees’ and subgrantees’ programs; or
(ii) reveal personally identifying information without informed, written, reasonably time-limited consent by the person about whom information is sought, whether for this program or any other Federal or State grant program, which consent—(I) shall be given by—(aa) the person, except as provided in item (bb) or (cc);(bb) in the case of an unemancipated minor, the minor and the minor’s parent or guardian; or(cc) in the case of an individual with a guardian, the individual’s guardian; and(II) may not be given by the abuser or suspected abuser of the minor or individual with a guardian, or the abuser or suspected abuser of the other parent of the minor.
(C) ReleaseIf release of information described in subparagraph (B) is compelled by statutory or court mandate—
(i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by the release of the information; and
(ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.
(D) Information sharingGrantees and subgrantees may share—
(i) nonpersonally identifying information, in the aggregate, regarding services to their clients and demographic nonpersonally identifying information in order to comply with Federal, State, or tribal reporting, evaluation, or data collection requirements;
(ii) court-generated information and law enforcement-generated information contained in secure, governmental registries for protective order enforcement purposes; and
(iii) law enforcement- and prosecution-generated information necessary for law enforcement and prosecution purposes.
(E) Oversight
(F) Statutorily permitted reports of abuse or neglect
(G) Preemption
(H) Confidentiality of location
(6) Supplement not supplant
(d) Reports and evaluation
(Pub. L. 98–457, title III, § 306, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3489.)
§ 10407. State application
(a) Application
(1) In general
(2) ContentsEach such application shall—
(A) provide a description of the procedures that have been developed to ensure compliance with the provisions of sections 10406(c) and 10408(d) of this title;
(B) provide, with respect to funds described in paragraph (1), assurances that—
(i) not more than 5 percent of such funds will be used for administrative costs;
(ii) the remaining funds will be distributed to eligible entities as described in section 10408(a) of this title for approved activities as described in section 10408(b) of this title; and
(iii) in the distribution of funds by a State under section 10408(a) of this title, the State will give special emphasis to the support of community-based projects of demonstrated effectiveness, that are carried out by nonprofit private organizations and that—(I) have as their primary purpose the operation of shelters for victims of family violence, domestic violence, and dating violence, and their dependents; or(II) provide counseling, advocacy, and self-help services to victims of family violence, domestic violence, and dating violence, and their dependents;
(C) in the case of an application submitted by a State, provide an assurance that there will be an equitable distribution of grants and grant funds within the State and between urban and rural areas within such State;
(D) in the case of an application submitted by a State, provide an assurance that the State will consult with and provide for the participation of the State Domestic Violence Coalition in the planning and monitoring of the distribution of grants to eligible entities as described in section 10408(a) of this title and the administration of the grant programs and projects;
(E) describe how the State or Indian tribe will involve community-based organizations, whose primary purpose is to provide culturally appropriate services to underserved populations, including how such community-based organizations can assist the State or Indian tribe in addressing the unmet needs of such populations;
(F) describe how activities and services provided by the State or Indian tribe are designed to reduce family violence, domestic violence, and dating violence, including how funds will be used to provide shelter, supportive services, and prevention services in accordance with section 10408(b) of this title;
(G) specify the State agency or tribally designated official to be designated as responsible for the administration of programs and activities relating to family violence, domestic violence, and dating violence, that are carried out by the State or Indian tribe under this chapter, and for coordination of related programs within the jurisdiction of the State or Indian tribe;
(H) provide an assurance that the State or Indian tribe has a law or procedure to bar an abuser from a shared household or a household of the abused person, which may include eviction laws or procedures, where appropriate; and
(I) meet such requirements as the Secretary reasonably determines are necessary to carry out the objectives and provisions of this chapter.
(b) Approval of application
(1) In general
(2) Correction of deficiencies
(3) State or tribal Domestic Violence Coalition participation in determinations of compliance
(4) Failure to report; nonconforming expenditures
(Pub. L. 98–457, title III, § 307, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3493.)
§ 10408. Subgrants and uses of funds
(a) Subgrants
(b) Use of funds
(1) In generalFunds awarded to eligible entities under subsection (a) shall be used to provide shelter, supportive services, or prevention services to adult and youth victims of family violence, domestic violence, or dating violence, and their dependents, which may include—
(A) provision, on a regular basis, of immediate shelter and related supportive services to adult and youth victims of family violence, domestic violence, or dating violence, and their dependents, including paying for the operating and administrative expenses of the facilities for such shelter;
(B) assistance in developing safety plans, and supporting efforts of victims of family violence, domestic violence, or dating violence to make decisions related to their ongoing safety and well-being;
(C) provision of individual and group counseling, peer support groups, and referral to community-based services to assist family violence, domestic violence, and dating violence victims, and their dependents, in recovering from the effects of the violence;
(D) provision of services, training, technical assistance, and outreach to increase awareness of family violence, domestic violence, and dating violence and increase the accessibility of family violence, domestic violence, and dating violence services;
(E) provision of culturally and linguistically appropriate services;
(F) provision of services for children exposed to family violence, domestic violence, or dating violence, including age-appropriate counseling, supportive services, and services for the nonabusing parent that support that parent’s role as a caregiver, which may, as appropriate, include services that work with the nonabusing parent and child together;
(G) provision of advocacy, case management services, and information and referral services, concerning issues related to family violence, domestic violence, or dating violence intervention and prevention, including—
(i) assistance in accessing related Federal and State financial assistance programs;
(ii) legal advocacy to assist victims and their dependents;
(iii) medical advocacy, including provision of referrals for appropriate health care services (including mental health, alcohol, and drug abuse treatment), but which shall not include reimbursement for any health care services;
(iv) assistance locating and securing safe and affordable permanent housing and homelessness prevention services;
(v) provision of transportation, child care, respite care, job training and employment services, financial literacy services and education, financial planning, and related economic empowerment services; and
(vi) parenting and other educational services for victims and their dependents; and
(H) prevention services, including outreach to underserved populations.
(2) Shelter and supportive services
(c) Eligible entitiesTo be eligible to receive a subgrant from a State under this section, an entity shall be—
(1) a local public agency, or a nonprofit private organization (including faith-based and charitable organizations, community-based organizations, tribal organizations, and voluntary associations), that assists victims of family violence, domestic violence, or dating violence, and their dependents, and has a documented history of effective work concerning family violence, domestic violence, or dating violence; or
(2) a partnership of 2 or more agencies or organizations that includes—
(A) an agency or organization described in paragraph (1); and
(B) an agency or organization that has a demonstrated history of serving populations in their communities, including providing culturally appropriate services.
(d) Conditions
(1) Direct payments to victims or dependants
(2) Voluntarily accepted services
(Pub. L. 98–457, title III, § 308, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3494.)
§ 10409. Grants for Indian tribes
(a) Grants authorized
(b) Eligible entities
(c) Conditions
(d) Grantee application
(e) Use of funds
(Pub. L. 98–457, title III, § 309, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3496.)
§ 10410. National resource centers and training and technical assistance centers
(a) Purpose and grants authorized
(1) Purpose
(2) Grants authorizedFrom the amounts appropriated under this chapter and reserved under section 10403(a)(2)(C) of this title, the Secretary—
(A) shall award grants to eligible entities for the establishment and maintenance of—
(i) 2 national resource centers (as provided for in subsection (b)(1)); and
(ii) at least 7 special issue resource centers addressing key areas of domestic violence, and intervention and prevention (as provided for in subsection (b)(2)); and
(B) may award grants, to—
(i) State resource centers to reduce disparities in domestic violence in States with high proportions of Indian (including Alaska Native) or Native Hawaiian populations (as provided for in subsection (b)(3)); and
(ii) support training and technical assistance that address emerging issues related to family violence, domestic violence, or dating violence, to entities demonstrating related expertise.
(b) Domestic violence resource centers
(1) National resource centersIn accordance with subsection (a)(2), the Secretary shall award grants to eligible entities for—
(A) a National Resource Center on Domestic Violence, which shall—
(i) offer a comprehensive array of technical assistance and training resources to Federal, State, and local governmental agencies, domestic violence service providers, community-based organizations, and other professionals and interested parties, related to domestic violence service programs and research, including programs and research related to victims and their children who are exposed to domestic violence; and
(ii) maintain a central resource library in order to collect, prepare, analyze, and disseminate information and statistics related to—(I) the incidence and prevention of family violence and domestic violence; and(II) the provision of shelter, supportive services, and prevention services to adult and youth victims of domestic violence (including services to prevent repeated incidents of violence); and
(B) a National Indian Resource Center Addressing Domestic Violence and Safety for Indian Women, which shall—
(i) offer a comprehensive array of technical assistance and training resources to Indian tribes and tribal organizations, specifically designed to enhance the capacity of the tribes and organizations to respond to domestic violence and the findings of section 901 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg–10 note); 1
1 See References in Text note below.
(ii) enhance the intervention and prevention efforts of Indian tribes and tribal organizations to respond to domestic violence and increase the safety of Indian women in support of the purposes of section 902 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 [42 U.S.C. 3796gg–10 note]; 1 and
(iii) coordinate activities with other Federal agencies, offices, and grantees that address the needs of Indians (including Alaska Natives), and Native Hawaiians that experience domestic violence, including the Office of Justice Services at the Bureau of Indian Affairs, the Indian Health Service of the Department of Health and Human Services, and the Office on Violence Against Women of the Department of Justice.
(2) Special issue resource centersIn accordance with subsection (a)(2)(A)(ii), the Secretary shall award grants to eligible entities for special issue resource centers, which shall be national in scope and shall provide information, training, and technical assistance to State and local domestic violence service providers. Each special issue resource center shall focus on enhancing domestic violence intervention and prevention efforts in at least one of the following areas:
(A) The response of the criminal and civil justice systems to domestic violence victims, which may include the response to the use of the self-defense plea by domestic violence victims and the issuance and use of protective orders.
(B) The response of child protective service agencies to victims of domestic violence and their dependents and child custody issues in domestic violence cases.
(C) The response of the interdisciplinary health care system to victims of domestic violence and access to health care resources for victims of domestic violence.
(D) The response of mental health systems, domestic violence service programs, and other related systems and programs to victims of domestic violence and to their children who are exposed to domestic violence.
(E) In the case of 3 specific resource centers, enhancing domestic violence intervention and prevention efforts for victims of domestic violence who are members of racial and ethnic minority groups, to enhance the cultural and linguistic relevancy of service delivery, resource utilization, policy, research, technical assistance, community education, and prevention initiatives.
(3) State resource centers to reduce tribal disparities
(A) In general
(B) RequirementsAn eligible entity shall use a grant provided under this paragraph—
(i) to offer a comprehensive array of technical assistance and training resources to Indian tribes, tribal organizations, and providers of services to Indians (including Alaska Natives) or Native Hawaiians, specifically designed to enhance the capacity of the tribes, organizations, and providers to respond to domestic violence, including offering the resources in States in which the population of Indians (including Alaska Natives) or Native Hawaiians exceeds 2.5 percent of the total population of the State;
(ii) to coordinate all projects and activities with the national resource center described in paragraph (1)(B), including projects and activities that involve working with nontribal State and local governments to enhance their capacity to understand the unique needs of Indians (including Alaska Natives) and Native Hawaiians; and
(iii) to provide comprehensive community education and domestic violence prevention initiatives in a culturally sensitive and relevant manner.
(c) Eligibility
(1) In generalTo be eligible to receive a grant under subsection (b)(1)(A) or subparagraph (A), (B), (C), or (D) of subsection (b)(2), an entity shall be a nonprofit private organization that focuses primarily on domestic violence and that—
(A) provides documentation to the Secretary demonstrating experience working directly on issues of domestic violence, and (in the case of an entity seeking a grant under subsection (b)(2)) demonstrating experience working directly in the corresponding specific special issue area described in subsection (b)(2);
(B) includes on the entity’s advisory board representatives who are from domestic violence service programs and who are geographically and culturally diverse; and
(C) demonstrates the strong support of domestic violence service programs from across the Nation for the entity’s designation as a national resource center or a special issue resource center, as appropriate.
(2) National Indian Resource CenterTo be eligible to receive a grant under subsection (b)(1)(B), an entity shall be a tribal organization or a nonprofit private organization that focuses primarily on issues of domestic violence within Indian tribes and that submits documentation to the Secretary demonstrating—
(A) experience working with Indian tribes and tribal organizations to respond to domestic violence and the findings of section 901 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg–10 note); 1
(B) experience providing Indian tribes and tribal organizations with assistance in developing tribally-based prevention and intervention services addressing domestic violence and safety for Indian women consistent with the purposes of section 902 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg–10 note); 1
(C) strong support for the entity’s designation as the National Indian Resource Center Addressing Domestic Violence and Safety for Indian Women from advocates working within Indian tribes to address domestic violence and the safety of Indian women;
(D) a record of demonstrated effectiveness in assisting Indian tribes and tribal organizations with prevention and intervention services addressing domestic violence; and
(E) the capacity to serve Indian tribes (including Alaska Native villages and regional and village corporations) across the United States.
(3) Special issue resource centers concerned with racial and ethnic minority groupsTo be eligible to receive a grant under subsection (b)(2)(E), an entity shall be an entity that—
(A) is a nonprofit private organization that focuses primarily on issues of domestic violence in a racial or ethnic community, or is a public or private nonprofit educational institution that has a domestic violence institute, center, or program related to culturally specific issues in domestic violence; and
(B)
(i) has documented experience in the areas of domestic violence prevention and services, and experience relevant to the specific racial or ethnic population to which information, training, technical assistance, and outreach would be provided under the grant;
(ii) demonstrates the strong support, of advocates from across the Nation who are working to address domestic violence; and
(iii) has a record of demonstrated effectiveness in enhancing the cultural and linguistic relevancy of service delivery.
(4) State resource centers to reduce tribal disparitiesTo be eligible to receive a grant under subsection (b)(3), an entity shall—
(A)
(i) be located in a State in which the population of Indians (including Alaska Natives) or Native Hawaiians exceeds 10 percent of the total population of the State; or
(ii) be an Indian tribe, tribal organization, or Native Hawaiian organization that focuses primarily on issues of domestic violence among Indians or Native Hawaiians, or an institution of higher education; and
(B) demonstrate the ability to serve all regions of the State, including underdeveloped areas and areas that are geographically distant from population centers.
(d) Reports and evaluation
(Pub. L. 98–457, title III, § 310, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3497.)
§ 10411. Grants to State Domestic Violence Coalitions
(a) Grants
(b) Allotment of funds
(1) In general
(2) Definition
(c) ApplicationEach State Domestic Violence Coalition desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives of this section. The application submitted by the coalition for the grant shall provide documentation of the coalition’s work, satisfactory to the Secretary, demonstrating that the coalition—
(1) meets all of the applicable requirements set forth in this chapter; and
(2) demonstrates the ability to conduct appropriately all activities described in this section, as indicated by—
(A) documented experience in administering Federal grants to conduct the activities described in subsection (d); or
(B) a documented history of active participation in the activities described in paragraphs (1), (3), (4), and (5) of subsection (d) and a demonstrated capacity to conduct the activities described in subsection (d)(2).
(d) Use of fundsA coalition that receives a grant under this section shall use the grant funds for administration and operations to further the purposes of family violence, domestic violence, and dating violence intervention and prevention, through activities that shall include—
(1) working with local family violence, domestic violence, and dating violence service programs and providers of direct services to encourage appropriate and comprehensive responses to family violence, domestic violence, and dating violence against adults or youth within the State involved, including providing training and technical assistance and conducting State needs assessments;
(2) participating in planning and monitoring the distribution of subgrants and subgrant funds within the State under section 10408(a) of this title;
(3) working in collaboration with service providers and community-based organizations to address the needs of family violence, domestic violence, and dating violence victims, and their dependents, who are members of racial and ethnic minority populations and underserved populations;
(4) collaborating with and providing information to entities in such fields as housing, health care, mental health, social welfare, or business to support the development and implementation of effective policies, protocols, and programs that address the safety and support needs of adult and youth victims of family violence, domestic violence, or dating violence;
(5) encouraging appropriate responses to cases of family violence, domestic violence, or dating violence against adults or youth, including by working with judicial and law enforcement agencies;
(6) working with family law judges, criminal court judges, child protective service agencies, and children’s advocates to develop appropriate responses to child custody and visitation issues in cases of child exposure to family violence, domestic violence, or dating violence and in cases in which—
(A) family violence, domestic violence, or dating violence is present; and
(B) child abuse is present;
(7) providing information to the public about prevention of family violence, domestic violence, and dating violence, including information targeted to underserved populations; and
(8) collaborating with Indian tribes and tribal organizations (and corresponding Native Hawaiian groups or communities) to address the needs of Indian (including Alaska Native) and Native Hawaiian victims of family violence, domestic violence, or dating violence, as applicable in the State.
(e) Limitation on use of fundsA coalition that receives a grant under this section shall not be required to use funds received under this chapter for the purposes described in paragraph (5) or (6) of subsection (d) if the coalition provides an annual assurance to the Secretary that the coalition is—
(1) using funds received under section 2001(c)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(c)(1)) 1
1 See References in Text note below.
for such purposes; and(2) coordinating the activities carried out by the coalition under subsection (d) with the State’s activities under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 1 that address those purposes.
(f) Prohibition on lobbyingNo funds made available to entities under this section shall be used, directly or indirectly, to influence the issuance, amendment, or revocation of any executive order or similar promulgation by any Federal, State, or local agency, or to undertake to influence the passage or defeat of any legislation by Congress, or by any State or local legislative body, or State proposals by initiative petition, except that the representatives of the entity may testify or make other appropriate communication—
(1) when formally requested to do so by a legislative body, a committee, or a member of the body or committee; or
(2) in connection with legislation or appropriations directly affecting the activities of the entity.
(g) Reports and evaluation
(h) Indian representatives
(Pub. L. 98–457, title III, § 311, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3501.)
§ 10412. Specialized services for abused parents and their children
(a) In general
(1) Program
(2) Grants
(b) Eligible entities
(c) ApplicationAn entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including—
(1) a description of how the entity will prioritize the safety of, and confidentiality of information about—
(A) victims of family violence, victims of domestic violence, and victims of dating violence; and
(B) children of victims described in subparagraph (A);
(2) a description of how the entity will provide developmentally appropriate and age-appropriate services, and culturally and linguistically appropriate services, to the victims and children; and
(3) a description of how the entity will ensure that professionals working with the children receive the training and technical assistance appropriate and relevant to the unique needs of children exposed to family violence, domestic violence, or dating violence.
(d) Use of fundsAn entity that receives a grant under this section for a family violence, domestic violence, and dating violence service or community-based program described in subsection (a)—
(1) shall use the funds made available through the grant—
(A) to provide direct counseling, appropriate services consistent with subsection (c)(2), or advocacy on behalf of victims of family violence, domestic violence, or dating violence and their children, including coordinating services with services provided by the child welfare system;
(B) to provide services for nonabusing parents to support those parents’ roles as caregivers and their roles in responding to the social, emotional, and developmental needs of their children; and
(C) where appropriate, to provide the services described in this subsection while working with such a nonabusing parent and child together; and
(2) may use the funds made available through the grant—
(A) to provide early childhood development and mental health services;
(B) to coordinate activities with and provide technical assistance to community-based organizations serving victims of family violence, domestic violence, or dating violence or children exposed to family violence, domestic violence, or dating violence; and
(C) to provide additional services and referrals to services for children, including child care, transportation, educational support, respite care, supervised visitation, or other necessary services.
(e) Reports and evaluation
(Pub. L. 98–457, title III, § 312, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3503.)
§ 10413. National domestic violence hotline grant
(a) In general
(b) Term
(c) Conditions on payment
(d) ApplicationTo be eligible to receive a grant under this section, an entity shall submit an application to the Secretary that shall—
(1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Secretary shall prescribe;
(2) include a complete description of the applicant’s plan for the operation of a national domestic violence hotline, including descriptions of—
(A) the training program for hotline personnel, including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline;
(B) the hiring criteria and qualifications for hotline personnel;
(C) the methods for the creation, maintenance, and updating of a resource database;
(D) a plan for publicizing the availability of the hotline;
(E) a plan for providing service to non-English speaking callers, including service through hotline personnel who have non-English language capability;
(F) a plan for facilitating access to the hotline by persons with hearing impairments; and
(G) a plan for providing assistance and referrals to youth victims of domestic violence and for victims of dating violence who are minors, which may be carried out through a national teen dating violence hotline;
(3) demonstrate that the applicant has recognized expertise in the area of family violence, domestic violence, or dating violence and a record of high quality service to victims of family violence, domestic violence, or dating violence, including a demonstration of support from advocacy groups and State Domestic Violence Coalitions;
(4) demonstrate that the applicant has the capacity and the expertise to maintain a domestic violence hotline and a comprehensive database of service providers;
(5) demonstrate the ability to provide information and referrals for callers, directly connect callers to service providers, and employ crisis interventions meeting the standards of family violence, domestic violence, and dating violence providers;
(6) demonstrate that the applicant has a commitment to diversity and to the provision of services to underserved populations, including to ethnic, racial, and non-English speaking minorities, in addition to older individuals and individuals with disabilities;
(7) demonstrate that the applicant complies with nondisclosure requirements as described in section 10406(c)(5) of this title and follows comprehensive quality assurance practices; and
(8) contain such other information as the Secretary may require.
(e) Hotline activities
(1) In general
(2) ActivitiesIn establishing and operating the hotline, the entity—
(A) shall contract with a carrier for the use of a toll-free telephone line;
(B) shall employ, train (including providing technology training), and supervise personnel to answer incoming calls, provide counseling and referral services for callers on a 24-hour-a-day basis, and directly connect callers to service providers;
(C) shall assemble and maintain a database of information relating to services for adult and youth victims of family violence, domestic violence, or dating violence to which callers may be referred throughout the United States, including information on the availability of shelters and supportive services for victims of family violence, domestic violence, or dating violence;
(D) shall widely publicize the hotline throughout the United States, including to potential users;
(E) shall provide assistance and referrals to meet the needs of underserved populations and individuals with disabilities;
(F) shall provide assistance and referrals for youth victims of domestic violence and for victims of dating violence who are minors, which may be carried out through a national teen dating violence hotline;
(G) may provide appropriate assistance and referrals for family and household members of victims of family violence, domestic violence, or dating violence, and persons affected by the victimization described in subsection (a); and
(H) at the discretion of the hotline operator, may provide assistance, or referrals for counseling or intervention, for identified adult and youth perpetrators, including self-identified perpetrators, of family violence, domestic violence, or dating violence, but shall not be required to provide such assistance or referrals in any circumstance in which the hotline operator fears the safety of a victim may be impacted by an abuser or suspected abuser.
(f) Reports and evaluation
(Pub. L. 98–457, title III, § 313, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3504.)
§ 10414. Domestic Violence Prevention Enhancement and Leadership Through Alliances (DELTA)
(a) In general
(b) Term
(c) Conditions on paymentThe provision of payments under a cooperative agreement under this section shall be subject to—
(1) annual approval by the Secretary; and
(2) the availability of appropriations for each fiscal year to make the payments.
(d) EligibilityTo be eligible to enter into a cooperative agreement under this section, an organization shall—
(1) be a State Domestic Violence Coalition; and
(2) include representatives of pertinent sectors of the local community, which may include—
(A) health care providers and State or local health departments;
(B) the education community;
(C) the faith-based community;
(D) the criminal justice system;
(E) family violence, domestic violence, and dating violence service program advocates;
(F) human service entities such as State child services divisions;
(G) business and civic leaders; and
(H) other pertinent sectors.
(e) ApplicationsAn organization that desires to enter into a cooperative agreement under this section shall submit to the Secretary an application, in such form and in such manner as the Secretary shall require, that—
(1) demonstrates the capacity of the applicant, who may enter into a partnership with a local family violence, domestic violence, or dating violence service provider or community-based organization, to undertake the project involved;
(2) demonstrates that the project will include a coordinated community response to improve and expand prevention strategies through increased communication and coordination among all affected sectors of the local community;
(3) includes a complete description of the applicant’s plan for the establishment and implementation of the coordinated community response, including a description of—
(A) the method to be used for identification and selection of an administrative committee made up of persons knowledgeable about comprehensive family violence, domestic violence, and dating violence prevention planning to oversee the project, hire staff, assure compliance with the project outline, and secure annual evaluation of the project;
(B) the method to be used for identification and selection of project staff and a project evaluator;
(C) the method to be used for identification and selection of a project council consisting of representatives of the community sectors listed in subsection (d)(2); and
(D) the method to be used for identification and selection of a steering committee consisting of representatives of the various community sectors who will chair subcommittees of the project council, each of which will focus on 1 of the sectors;
(4) demonstrates that the applicant has experience in providing, or the capacity to provide, prevention-focused training and technical assistance;
(5) demonstrates that the applicant has the capacity to carry out collaborative community initiatives to prevent family violence, domestic violence, and dating violence; and
(6) contains such other information, agreements, and assurances as the Secretary may require.
(f) Geographical dispersion
(g) Use of funds
(1) In general
(2) Technical assistance, evaluation and monitoringThe Secretary may use a portion of the funds provided under this section to—
(A) provide technical assistance;
(B) monitor the performance of organizations carrying out activities under the cooperative agreements; and
(C) conduct an independent evaluation of the program carried out under this section.
(3) RequirementsIn establishing and operating a project under this section, an eligible organization shall—
(A) establish protocols to improve and expand family violence, domestic violence, and dating violence prevention and intervention strategies within affected community sectors described in subsection (d)(2);
(B) develop comprehensive prevention plans to coordinate prevention efforts with other community sectors;
(C) provide for periodic evaluation of the project, and analysis to assist in replication of the prevention strategies used in the project in other communities, and submit a report under subsection (h) that contains the evaluation and analysis;
(D) develop, replicate, or conduct comprehensive, evidence-informed primary prevention programs that reduce risk factors and promote protective factors that reduce the likelihood of family violence, domestic violence, and dating violence, which may include—
(i) educational workshops and seminars;
(ii) training programs for professionals;
(iii) the preparation of informational material;
(iv) developmentally appropriate education programs;
(v) other efforts to increase awareness of the facts about, or to help prevent, family violence, domestic violence, and dating violence; and
(vi) the dissemination of information about the results of programs conducted under this subparagraph;
(E) utilize evidence-informed prevention program planning; and
(F) recognize, in applicable cases, the needs of underserved populations, racial and linguistic populations, and individuals with disabilities.
(h) Reports and evaluation
(Pub. L. 98–457, title III, § 314, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3507.)
§ 10415. Repealed. Pub. L. 108–36, title IV, § 410, June 25, 2003, 117 Stat. 827
§ 10416. Omitted
§ 10417. Repealed. Pub. L. 108–36, title IV, § 412, June 25, 2003, 117 Stat. 829
§§ 10418, 10419. Omitted
§ 10420. Transferred
§ 10421. Omitted