US (United States) Code. Title 42. Chapter 110: Family violence prevention and services

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND

SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-MISC1-

Sec.

10401. Declaration of purpose.

10402. State grants authorized.

(a) Authority of Secretary; application;

requirements; approval.

(b) Indian tribes and tribal organizations;

application.

(c) Direct payments to victims or dependents.

(d) Income eligibility standards.

(e) Grants to entities other than States; local

share.

(f) Shelter and related assistance.

10403. Allotment of funds.

(a) Proportionality of allotment; minimum

allotment.

(b) Determination of population of States.

(c) Ratable reduction of amounts; increase on

availability of additional funds.

(d) Reallotment; continued availability of funds.

(e) Exclusion from definition of "State".

10404. Secretarial responsibilities.

10405. Evaluation.

10406. Discrimination prohibited.

(a) Recipients of Federal financial assistance;

types of discrimination prohibited.

(b) Notification and request to secure compliance;

referral to Attorney General or other action

by Secretary.

(c) Civil action by Attorney General.

10407. Information and technical assistance centers.

(a) Purpose and grants.

(b) National resource center.

(c) Special issue resource centers.

(d) Eligibility.

(e) Reporting.

(f) "Indian tribal agency" defined.

(g) Regulations.

10408. Definitions.

10409. Authorization of appropriations.

(a) In general.

(b) Section 10402(a) and (b).

(c) Section 10407.

(d) Grants for State coalitions.

(e) Non-supplanting requirement.

10410. Grants for State domestic violence coalitions.

(a) In general.

(b) Eligibility.

(c) Allotment of funds.

(d) Prohibition on lobbying.

(e) Reporting.

(f) Definition.

(g) Authorization of appropriations.

(h) Regulations.

10411. Repealed.

10412. Authority of Secretary; construction with State and

local law.

10413. Family member abuse information and documentation

project.

10414. Grants for public information campaigns.

(a) In general.

(b) Application.

(c) Requirements.

(d) Use.

(e) Criteria.

(f) Inclusion of representatives of Indians.

10415. Model State leadership grants for domestic violence

intervention.

(a) In general.

(b) Designation as model State.

(c) Authorization of appropriations.

10416. National domestic violence hotline grant.

(a) In general.

(b) Duration.

(c) Annual approval.

(d) Activities.

(e) Application.

(f) Authorization of appropriations.

10417. Youth education and domestic violence.

(a) General purpose.

(b) Nature of program.

(c) Review and dissemination.

(d) Authorization of appropriations.

10418. Demonstration grants for community initiatives.

(a) In general.

(b) Eligibility.

(c) Applications.

(d) Term.

(e) Conditions on payment.

(f) Geographical dispersion.

(g) Use of grant monies.

(h) Authorization of appropriations.

(i) Regulations.

10419. Transitional housing assistance.

(a) In general.

(b) Assistance described.

(c) Term of assistance.

(d) Reports.

(e) Evaluation, monitoring, and administration.

(f) Authorization of appropriations.

10420. Safe havens for children pilot program.

(a) In general.

(b) Considerations.

(c) Applicant requirements.

(d) Reporting.

(e) Authorization of appropriations.

(f) Allotment for Indian tribes.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3796gg of this title;

title 31 section 6703.

-End-

-CITE-

42 USC Sec. 10401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10401. Declaration of purpose

-STATUTE-

It is the purpose of this chapter to -

(1) assist States in efforts to increase public awareness about

and prevent family violence and to provide immediate shelter and

related assistance for victims of family violence and their

dependents; and

(2) provide for technical assistance and training relating to

family violence programs to States, local public agencies

(including law enforcement agencies, courts, legal, social

service, and health care professionals), nonprofit private

organizations, and other persons seeking such assistance.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 302, Oct. 9, 1984, 98 Stat. 1757;

Pub. L. 102-295, title III, Sec. 302, May 28, 1992, 106 Stat. 201.)

-MISC1-

AMENDMENTS

1992 - Par. (1). Pub. L. 102-295, Sec. 302(1)(A), which directed

the substitution of "assist" for "demonstration the effectiveness

of assisting", was executed by making the substitution for

"demonstrate the effectiveness of assisting" to reflect the

probable intent of Congress.

Pub. L. 102-295, Sec. 302(1)(B), substituted "to increase public

awareness about and prevent" for "to prevent".

Par. (2). Pub. L. 102-295, Sec. 302(2), inserted ", courts,

legal, social service, and health care professionals" after

"enforcement agencies".

SHORT TITLE

Section 301 of title III of Pub. L. 98-457 provided that: "This

title [enacting this chapter] may be cited as the 'Family Violence

Prevention and Services Act'."

STUDY OF TRAINING NEEDS OF HEALTH PROFESSIONALS

Pub. L. 105-392, title IV, Sec. 407(b), Nov. 13, 1998, 112 Stat.

3589, provided that: "The Secretary of Health and Human Services

shall request that the Institute of Medicine conduct a study

concerning the training needs of health professionals with respect

to the detection and referral of victims of family or acquaintance

violence. Not later than 2 years after the date of enactment of

this Act [Nov. 13, 1998], the Institute of Medicine shall prepare

and submit to Congress a report concerning the study conducted

under this subsection."

-End-

-CITE-

42 USC Sec. 10402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10402. State grants authorized

-STATUTE-

(a) Authority of Secretary; application; requirements; approval

(1) In order to assist in supporting the establishment,

maintenance, and expansion of programs and projects to prevent

incidents of family violence and to provide immediate shelter and

related assistance for victims of family violence and their

dependents, the Secretary is authorized, in accordance with the

provisions of this chapter, to make grants to States.

(2) No grant may be made under this subsection unless the chief

executive officer of the State seeking such grant submits an

application to the Secretary at such time and in such manner as the

Secretary may reasonably require. Each such application shall -

(A) provide that funds provided under this subsection will be

distributed in grants to local public agencies and nonprofit

private organizations (including religious and charitable

organizations, and voluntary associations) for programs and

projects within such State to prevent incidents of family

violence and to provide immediate shelter and related assistance

for victims of family violence and their dependents in order to

prevent future violent incidents;

(B) provide, with respect to funds provided to a State under

this subsection for any fiscal year, that -

(i) not more than 5 percent of such funds will be used for

State administrative costs; and

(ii) in the distribution of funds by the State under this

subsection, the State will give special emphasis to the support

of community-based projects of demonstrated effectiveness

carried out by nonprofit private organizations, the primary

purpose of which is to operate shelters for victims of family

violence and their dependents, and those which provide

counseling, advocacy, and self-help services to victims and

their children.(!1)

(C) set forth procedures designed to involve State domestic

violence coalitions (!2) knowledgeable individuals (!2) and

interested organizations and assure an equitable distribution of

grants and grant funds within the State and between urban and

rural areas within such State and a plan to address the needs of

underserved populations, including populations underserved

because of ethnic, racial, cultural, language diversity or

geographic isolation;

(D) specify the State agency to be designated as responsible

for the administration of programs and activities relating to

family violence which are carried out by the State under this

chapter and for coordination of related programs within the

State;

(E) provide documentation that procedures have been developed,

and implemented including copies of the policies and procedure,

to assure the confidentiality of records pertaining to any

individual provided family violence prevention or treatment

services by any program assisted under this chapter and provide

assurances that the address or location of any shelter-facility

assisted under this chapter will, except with written

authorization of the person or persons responsible for the

operation of such shelter, not be made public;

(F) provide documentation to the Secretary that the State has a

law or procedure that has been implemented for the eviction of an

abusing spouse from a share household;

(G) meet such requirements as the Secretary reasonably

determines are necessary to carry out the purposes and provisions

of this chapter.

(3) The Secretary shall approve any application that meets the

requirements of this subsection, and the Secretary shall not

disapprove any such application except after reasonable notice of

the Secretary's intention to disapprove and after a 6-month period

providing an opportunity for correction of any deficiencies. The

Secretary shall provide such notice within 45 days of the date of

the application if any of the provisions of paragraph (2) have not

been satisfied in such application. If the State has not corrected

the deficiencies in such application within the 6-month period

following the receipt of the Secretary's notice of intention to

disapprove, the Secretary shall withhold payment of any grant funds

to such State until the date that is 30 days prior to the end of

the fiscal year for which such grant funds are appropriated or

until such time as the State provides documentation that the

deficiencies have been corrected, whichever occurs first. State

Domestic Violence Coalitions shall be permitted to participate in

determining whether a grantee is in compliance with paragraph (2),

except that no funds made available to State Domestic Violence

Coalitions under section 10410 of this title shall be used to

challenge a determination as to whether a grantee is in compliance

with, or to seek the enforcement of, the eligibility requirements

of such paragraph.

(4) Upon completion of the activities funded by a grant under

this subpart,(!3) the State grantee shall file a performance report

with the Director explaining the activities carried out together

with an assessment of the effectiveness of those activities in

achieving the purposes of this subpart.(!3) A section of this

performance report shall be completed by each grantee or subgrantee

that performed the direct services contemplated in the application

certifying performance of direct services under the grant. The

Director shall suspend funding for an approved application if an

applicant fails to submit an annual performance report or if the

funds are expended for purposes other than those set forth under

this subpart,(!3) after following the procedures set forth in

paragraph (3). Federal funds may be used only to supplement, not

supplant, State funds.

(b) Indian tribes and tribal organizations; application

(1) The Secretary, from amounts appropriated to carry out this

section, shall make available not less than 10 percent of such

amounts to make grants to Indian tribes, tribal organizations (!4)

and nonprofit private organizations approved by an Indian Tribe

(!5) for the operation of a family violence shelter on a

Reservation (!5) for projects designed to prevent family violence

and to provide immediate shelter and related assistance for victims

of family violence and their dependents.

(2) No grant may be made under this subsection unless an

application is made to the Secretary at such time, in such manner,

and containing or accompanied by such information as the Secretary

deems essential to carry out the purposes and provisions of this

chapter. Such application shall comply, as applicable, with the

provisions of clauses (C) (with respect only to involving

knowledgeable individuals and organizations), (D), (E) and (F) of

subsection (a)(2) of this section. No entity eligible to submit an

application under paragraph (1) shall be prohibited from making an

application during any fiscal year for which funds are available

because such entity has not previously applied or received funding

under this section.

(3) In the case of a project for which the initial application

for a demonstration grant under this subsection is made on or after

May 28, 1992, the terms "Indian tribe" and "tribal organization",

for purposes of this subsection, have the meaning given such terms

in section 450b of title 25.

(c) Direct payments to victims or dependents

No funds provided through demonstration grants made under this

section may be used as direct payment to any victim of family

violence or to any dependent of such victim.

(d) Income eligibility standards

No income eligibility standard may be imposed upon individuals

with respect to eligibility for assistance or services supported

with funds appropriated to carry out this chapter.

(e) Grants to entities other than States; local share

No grant may be made under this section to any entity other than

a State or an Indian Tribe (!5) unless the entity provides for the

following non-Federal matching local share as a proportion of the

total amount of funds provided under this chapter to the project

involved: with respect to an entity operating an existing program

under this chapter, not less than 20 percent, and with respect to

an entity intending to operate a new program under this chapter,

not less than 35 percent. The local share required under this

subsection may be in cash or in-kind. The local share may not

include any Federal funds provided under any authority other than

this chapter.

(f) Shelter and related assistance

The Secretary shall assure that not less than 70 percent of the

funds distributed under subsection (a) or (b) of this section shall

be distributed to entities for the purpose of providing immediate

shelter and related assistance to victims of family violence and

their dependents as defined in section 10408(4) of this title. Not

less than 25 percent of the funds distributed under subsection (a)

or (b) of this section shall be distributed for the purpose of

providing related assistance as defined under section 10408(5)(A)

of this title.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 303, Oct. 9, 1984, 98 Stat. 1757;

Pub. L. 100-294, title III, Sec. 302, Apr. 25, 1988, 102 Stat. 124;

Pub. L. 102-295, title III, Secs. 303-309(a), 310, 311(a), May 28,

1992, 106 Stat. 201-203; Pub. L. 103-322, title IV, Sec. 40271,

Sept. 13, 1994, 108 Stat. 1937; Pub. L. 104-235, title II, Sec.

201, Oct. 3, 1996, 110 Stat. 3089.)

-REFTEXT-

REFERENCES IN TEXT

This subpart, referred to in subsec. (a)(4), is unidentifiable in

the original because title III of Pub. L. 98-457 does not contain

subparts.

-COD-

CODIFICATION

May 28, 1992, referred to in subsec. (b)(3), was in the original

"the date of the enactment of the Child Abuse Programs, Adoption

Opportunities, and Family Violence Prevention Amendments Act of

1992", which was translated as meaning the date of enactment of

Pub. L. 102-295, known as the Child Abuse, Domestic Violence,

Adoption and Family Services Act of 1992, which enacted subsec.

(b)(3), to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-235 substituted "following

non-Federal matching local share" for "following local share" and

"with respect to an entity operating an existing program under this

chapter, not less than 20 percent, and with respect to an entity

intending to operate a new program under this chapter, not less

than 35 percent" for "20 percent in the first year such project

receives a grant under this chapter, 35 percent in the second such

year, and 50 percent in the third such year and in any such year

thereafter. Except in the case of a public entity, not less than 25

percent of the local share of such agency or organization shall be

raised from private sources".

1994 - Subsec. (a)(2)(C). Pub. L. 103-322, Sec. 40271(a),

inserted "and a plan to address the needs of underserved

populations, including populations underserved because of ethnic,

racial, cultural, language diversity or geographic isolation" after

"such State".

Subsec. (a)(4). Pub. L. 103-322, Sec. 40271(b), added par. (4).

1992 - Subsec. (a)(1). Pub. L. 102-295, Sec. 303(1), substituted

"grants" for "demonstration grants".

Subsec. (a)(2). Pub. L. 102-295, Sec. 303(2)(A), in introductory

provisions substituted "grant" for "demonstration grant" after

"No".

Subsec. (a)(2)(A). Pub. L. 102-295, Sec. 303(2)(B), which

directed the substitution of "grant" for "demonstration grant" was

executed by substituting "grants" for "demonstration grants", to

reflect the probable intent of Congress.

Subsec. (a)(2)(B)(ii). Pub. L. 102-295, Sec. 303(2)(C),

substituted "the primary purpose of which is to operate shelters

for victims of family violence and their dependents, and those

which provide counseling, advocacy, and self-help services to

victims and their children." for "particularly those projects the

primary purpose of which is to operate shelters for victims of

family violence and their dependents, and those which provide

counseling, alcohol and drug abuse treatment, and self-help

services to abusers and victims;".

Subsec. (a)(2)(C). Pub. L. 102-295, Sec. 304, inserted "State

domestic violence coalitions" after "involve".

Subsec. (a)(2)(E). Pub. L. 102-295, Sec. 305, substituted

"documentation that procedures have been developed, and implemented

including copies of the policies and procedure," for "assurances

that procedures will be developed".

Subsec. (a)(2)(F). Pub. L. 102-295, Sec. 306, amended subpar. (F)

generally. Prior to amendment, subpar. (F) read as follows:

"provide assurances that, within one year after receipt of funds

under this subsection, the State will, provide assurances to the

Secretary that the State has or has under consideration a procedure

for the eviction of an abusing spouse from a shared residence;

and".

Subsec. (a)(3). Pub. L. 102-295, Sec. 307, inserted "a 6-month

period providing an" before "opportunity" and inserted at end "The

Secretary shall provide such notice within 45 days of the date of

the application if any of the provisions of paragraph (2) have not

been satisfied in such application. If the State has not corrected

the deficiencies in such application within the 6-month period

following the receipt of the Secretary's notice of intention to

disapprove, the Secretary shall withhold payment of any grant funds

to such State until the date that is 30 days prior to the end of

the fiscal year for which such grant funds are appropriated or

until such time as the State provides documentation that the

deficiencies have been corrected, whichever occurs first. State

Domestic Violence Coalitions shall be permitted to participate in

determining whether a grantee is in compliance with paragraph (2),

except that no funds made available to State Domestic Violence

Coalitions under section 10410 of this title shall be used to

challenge a determination as to whether a grantee is in compliance

with, or to seek the enforcement of, the eligibility requirements

of such paragraph."

Subsec. (b)(1). Pub. L. 102-295, Sec. 308(1), substituted "The

Secretary, from amounts appropriated to carry out this section,

shall make available not less than 10 percent of such amounts to

make grants to Indian tribes, tribal organizations and nonprofit

private organizations approved by an Indian Tribe for the operation

of a family violence shelter on a Reservation" for "The Secretary

is authorized to make demonstration grants to Indian tribes and

tribal organizations".

Subsec. (b)(2). Pub. L. 102-295, Sec. 308(2), substituted "grant"

for "demonstration grant" and "(E) and (F)" for "and (E)" and

inserted at end "No entity eligible to submit an application under

paragraph (1) shall be prohibited from making an application during

any fiscal year for which funds are available because such entity

has not previously applied or received funding under this section."

Subsec. (b)(3). Pub. L. 102-295, Sec. 308(3), added par. (3).

Subsec. (c). Pub. L. 102-295, Sec. 309(a), redesignated subsec.

(d) as (c) and struck out former subsec. (c) which read as follows:

"No demonstration grant may be made under this section in any

fiscal year to any single entity (other than to a State) for an

amount in excess of $50,000, and the total amount of such grants to

any such single entity may not exceed $150,000."

Subsec. (d). Pub. L. 102-295, Sec. 309(a)(2), redesignated

subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 102-295, Secs. 309(a)(2), 310, redesignated

subsec. (f) as (e) and substituted "No grant" for "No demonstration

grant", "State or an Indian Tribe" for "State", "20 percent" for

"35 percent", "35 percent" for "55 percent", "and 50 percent in the

third such year and in any such year thereafter" for "and 65

percent in the third such year", and "25 percent" for "50 percent".

Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Pub. L. 102-295, Secs. 309(a)(2), 311(a),

redesignated subsec. (g) as (f), substituted "70 percent" for "60

percent", and inserted before period "as defined in section

10408(4) of this title. Not less than 25 percent of the funds

distributed under subsection (a) or (b) of this section shall be

distributed for the purpose of providing related assistance as

defined under section 10408(5)(A) of this title". Former subsec.

(f) redesignated (e).

1988 - Subsec. (c). Pub. L. 100-294 struck out provision that a

single entity not be awarded demonstration grants under this

section for a total period in excess of three fiscal years.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 309(b) of Pub. L. 102-295 provided that: "The amendments

made by subsection (a) [amending this section] are effective in the

case of amounts appropriated for fiscal year 1992 and subsequent

fiscal years."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10403, 10405, 10409,

10410, 10412 of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

(!2) So in original. Probably should be followed by a comma.

(!3) See References in Text note below.

(!4) So in original. Probably should be followed by a comma.

(!5) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 10403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10403. Allotment of funds

-STATUTE-

(a) Proportionality of allotment; minimum allotment

From the sums appropriated under section 10409 of this title and

available for grants to States under this subsection 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 1/8 of 1 percent of the amounts

available for grants under section 10402(a) of this title for the

fiscal year for which the allotment is made; and

(2) each State shall be allotted for payment in a grant

authorized under section 10402(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) Determination of population of States

For the purpose of this section, the population of each State,

and the total population of all the States, shall be determined by

the Secretary on the basis of the most recent census data available

to the Secretary, and the Secretary shall use for such purpose, if

available, the annual interim current census data produced by the

Secretary of Commerce pursuant to section 181 of title 13.

(c) Ratable reduction of amounts; increase on availability of

additional funds

If the sums appropriated under section 10409 of this title for

any fiscal year and available for grants to States authorized under

section 10402(a) of this title are not sufficient to pay in full

the total amounts which all States are entitled to receive under

such section for such fiscal year, then the maximum amounts which

all States are entitled to receive under such section for such

fiscal year shall be ratably reduced. In the event that additional

funds become available for making such grants for any fiscal year

during which the preceding sentence is applicable, such reduced

amounts shall be increased on the same basis as they were reduced.

(d) Reallotment; continued availability of funds

(1) If, at the end of the sixth month of any fiscal year for

which sums are appropriated under section 10409 of this title, the

amount allotted to a State has not been made available to such

State in grants under section 10402(a) of this title because of the

failure of such State to meet the requirements for a grant, then

the Secretary shall reallot such amount to States which meet such

requirements.

(2) Funds made available by the Secretary through reallotment

under paragraph (1) shall remain available for expenditure until

the end of the fiscal year following the fiscal year in which such

funds become available for reallotment.

(e) Exclusion from definition of "State"

In subsection (a)(2) of this section, the term "State" does not

include any jurisdiction specified in subsection (a)(1) of this

section.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 304, Oct. 9, 1984, 98 Stat. 1759;

Pub. L. 102-295, title III, Sec. 312, May 28, 1992, 106 Stat. 204;

Pub. L. 104-208, div. A, title I, Sec. 101(e) [title II, Sec. 213],

Sept. 30, 1996, 110 Stat. 3009-233, 3009-254; Pub. L. 104-235,

title II, Sec. 202, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 106-386,

div. B, title II, Sec. 1202(b), Oct. 28, 2000, 114 Stat. 1505.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386, Sec. 1202(b)(1), substituted

"and available for grants to States under this subsection for any

fiscal year - " and pars. (1) and (2) for "for grants to States for

any fiscal year, each State shall be allotted for payment in a

grant authorized under section 10402(a) of this title an amount

which bears the same ratio to such sums as the population of such

State bears to the population of all States, except that -

"(1) each State shall be allotted not less than 1 percent of

the amounts available for grants under section 10402(a) of this

title for the fiscal year for which the allotment is made, or

$400,000, whichever is the lessor amount; and

"(2) Guam, American Samoa, the Virgin Islands, the Northern

Mariana Islands, and the Trust Territory of the Pacific Islands

shall each be allotted not less than one-eighth of 1 percent of

the amounts available for grants under section 10402(a) of this

title for the fiscal year for which the allotment is made.

For the purpose of the exception contained in clause (1) of the

preceding sentence only, the term 'State' does not include Guam,

American Samoa, the Virgin Islands, the Northern Mariana Islands,

and the Trust Territory of the Pacific Islands."

Subsec. (c). Pub. L. 106-386, Sec. 1202(b)(2), in first sentence,

inserted "and available" before "for grants".

Subsec. (e). Pub. L. 106-386, Sec. 1202(b)(3), added subsec. (e).

1996 - Subsec. (a)(1). Pub. L. 104-208 and Pub. L. 104-235

amended par. (1) identically, substituting "$400,000" for

"$200,000".

1992 - Subsec. (a)(1). Pub. L. 102-295 struck out "whichever is

the greater of the following amounts: one-half of" before "1

percent" and substituted "$200,000, whichever is the lessor amount"

for "$50,000".

-End-

-CITE-

42 USC Sec. 10404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10404. Secretarial responsibilities

-STATUTE-

(a) The Secretary shall appoint an employee of the Department of

Health and Human Services to carry out the provisions of this

chapter. The individual appointed under this subsection shall,

prior to such appointment, have had expertise in the field of

family violence prevention and services.

(b) The Secretary shall -

(1) coordinate all programs within the Department of Health and

Human Services, and seek to coordinate all other Federal

programs, which involve the prevention of incidents of family

violence and the provision of assistance for victims and

potential victims of family violence and their dependents, and

ensure that such activities as they relate to elderly persons are

coordinated with the Administration on Aging and the National

Institute on Aging within the Department of Health and Human

Services;

(2)(A) provide for research, and into the most effective

prevention, identification, and treatment thereof (such as

research into (i) the effectiveness of reducing repeated

incidents of family violence through a variety of sentencing

alternatives, such as incarceration, fines, and counseling

programs, individually or in combination, and through the use of

civil protection orders removing the abuser from the family

household, (ii) the necessity and impact of a mandatory reporting

requirement relating to incidents of family violence,

particularly abuse of elderly persons) (!1), (iii) the

effectiveness of providing safety and support to maternal and

child victims of family violence as a way to eliminate the abuse

experienced by children in such situations, (iv) identification

of intervention approaches to child abuse prevention services

which appear to be successful in preventing child abuse where

both mother and child are abused, (v) effective and appropriate

treatment services for children where both mother and child are

abused, and (vi) the individual and situational factors leading

to the end of violent and abusive behavior by persons who commit

acts of family violence, including such factors as history of

previous violence and the legal and service interventions

received, and (B) make a complete study and investigation (in

consultation with the National Institute on Aging) of the

national incidence of abuse, neglect, and exploitation of elderly

persons, including a determination of the extent to which

incidents of such abuse, neglect, and exploitation are increasing

in number or severity; and

(3) provide for the training of personnel and provide technical

assistance in the conduct of programs for the prevention and

treatment of family violence.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 305, Oct. 9, 1984, 98 Stat. 1760;

Pub. L. 102-295, title III, Sec. 313, May 28, 1992, 106 Stat. 204.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(2)(A). Pub. L. 102-295 struck out "into the

causes of family violence" after "provide for research", inserted

"most effective" before "prevention", and added cls. (iii) to (vi).

-FOOTNOTE-

(!1) So in original. The closing parenthesis probably should follow

"interventions received".

-End-

-CITE-

42 USC Sec. 10405 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10405. Evaluation

-STATUTE-

Not later than two years after the date on which funds are

obligated under section 10402(a) of this title for the first time

after October 9, 1984, and every two years thereafter, the

Secretary shall review, evaluate, and report to the appropriate

Committees of the Congress, as to the effectiveness of the programs

administered and operated pursuant to this chapter, particularly in

relation to repeated incidents of family violence. Such report

shall also include a summary of the documentation provided to the

Secretary under section 10402(a)(2)(B) through 10402(a)(2)(F) of

this title.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 306, Oct. 9, 1984, 98 Stat. 1760;

Pub. L. 102-295, title III, Sec. 314, May 28, 1992, 106 Stat. 204.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-295 inserted "and every two years thereafter,"

and substituted "documentation" for "assurances" and

"10402(a)(2)(B) through 10402(a)(2)(F)" for "10402(a)(2)(F)".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of this

section relating to biennial report to appropriate committees of

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 6th item on page 93 of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 10406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10406. Discrimination prohibited

-STATUTE-

(a) Recipients of Federal financial assistance; types of

discrimination prohibited

(1) For the purpose of applying the prohibitions against

discrimination on the basis of age under the Age Discrimination Act

of 1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under

section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on

the basis of sex under title IX of the Education Amendments of 1972

[20 U.S.C. 1681 et seq.], or on the basis of race, color, or

national origin under title VI of the Civil Rights Act of 1964 [42

U.S.C. 2000d et seq.], programs and activities funded in whole or

in part with funds made available under this part (!1) are

considered to be programs and activities receiving Federal

financial assistance.

(2) No person shall on the ground of sex or religion be excluded

from participation in, be denied the benefits of, or be subject to

discrimination under, any program or activity funded in whole or in

part with funds made available under this chapter. Nothing in this

chapter shall require any such program or activity to include any

individual in any program or activity without taking into

consideration that individual's sex in those certain instances

where sex is a bona fide occupational qualification or programmatic

factor reasonably necessary to the normal operation of that

particular program or activity. The Secretary shall enforce the

provisions of the preceding sentence in accordance with section 602

of the Civil Rights Act of 1964 [42 U.S.C. 2000d-1]. Section 603 of

such Act [42 U.S.C. 2000d-2] shall apply with respect to any action

taken by the Secretary to enforce such sentence. This paragraph

shall not be construed as affecting any other legal remedy.

(b) Notification and request to secure compliance; referral to

Attorney General or other action by Secretary

Whenever the Secretary finds that a State or other entity that

has received financial assistance under this chapter has failed to

comply with a provision of law referred to in subsection (a)(1) of

this section, with subsection (a)(2) of this section, or with an

applicable regulation (including one prescribed to carry out

subsection (a)(2) of this section), the Secretary shall notify the

chief executive officer of the State and shall request such officer

to secure compliance. If, within a reasonable period of time, not

to exceed sixty days, the chief executive officer fails or refuses

to secure compliance, the Secretary may -

(1) refer the matter to the Attorney General of the United

States with a recommendation that an appropriate civil action be

instituted,

(2) 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

(3) take such other action as may be provided by law.

(c) Civil action by Attorney General

When a matter is referred to the Attorney General pursuant to

subsection (b)(1) of this section, or whenever the Attorney General

has reason to believe that a State or an entity is engaged in a

pattern or practice in violation of a provision of law referred to

in subsection (a)(1) of this section or in violation of subsection

(a)(2) of this section, the Attorney General may bring a civil

action in any appropriate district court of the United States for

such relief as may be appropriate, including injunctive relief.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 307, Oct. 9, 1984, 98 Stat. 1761.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in subsecs.

(a)(1), (b)(2), is title III of Pub. L. 94-135, Nov. 28, 1975, 89

Stat. 728, as amended, which is classified generally to chapter 76

(Sec. 6101 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

6101 of this title and Tables.

The Education Amendments of 1972, referred to in subsecs. (a)(1)

and (b)(2), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as

amended. Title IX of the Act, known as the Patsy Takemoto Mink

Equal Opportunity in Education Act, is classified principally to

chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete

classification of title IX to the Code, see Short Title note set

out under section 1681 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsecs. (a)(1),

(b)(2), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.

Title VI of the Civil Rights Act of 1964 is classified generally to

subchapter V (Sec. 2000d et seq.) of this title. For complete

classification of this Act to the Code, see note set out under

section 2000a of this title and Tables.

This part, referred to in subsec. (a)(1), probably was intended

to be a reference to this title, meaning title III of Pub. L.

98-457 which enacted this chapter, because title III was not

divided into parts and because similar references to programs or

activities funded in whole or in part with funds made available,

referred to "this title".

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10407 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10407. Information and technical assistance centers

-STATUTE-

(a) Purpose and grants

(1) Purpose

It is the purpose of this section to provide resource

information, training, and technical assistance to Federal,

State, and Indian tribal agencies, as well as to local domestic

violence programs and to other professionals who provide services

to victims of domestic violence.

(2) Grants

From the amounts appropriated under this chapter, the Secretary

shall award grants to private nonprofit organizations for the

establishment and maintenance of one national resource center (as

provided for in subsection (b) of this section) and not to exceed

seven special issue resource centers (as provided for in

subsection (c) of this section) focusing on one or more issues of

concern to domestic violence victims.

(b) National resource center

The national resource center established under subsection (a)(2)

of this section shall offer resource, policy and training

assistance to Federal, State, and local government agencies, to

domestic violence service providers, and to other professionals and

interested parties on issues pertaining to domestic violence, and

shall maintain a central resource library in order to collect,

prepare, analyze, and disseminate information and statistics and

analyses thereof relating to the incidence and prevention of family

violence (particularly the prevention of repeated incidents of

violence) and the provision of immediate shelter and related

assistance.

(c) Special issue resource centers

The special issue resource centers established under subsection

(a)(2) of this section shall provide information, training and

technical assistance to State and local domestic violence service

providers, and shall specialize in at least one of the following

areas of domestic violence service, prevention, or law:

(1) Criminal justice response to domestic violence, including

court-mandated abuser treatment.

(2) Improving the response of Child Protective Service agencies

to battered mothers of abused children.

(3) Child custody issues in domestic violence cases.

(4) The use of the self-defense plea by domestic violence

victims.

(5) Improving interdisciplinary health care responses and

access to health care resources for victims of domestic violence.

(6) Improving access to and the quality of legal representation

for victims of domestic violence in civil litigation, including

the issuance and enforcement of protection orders.

(7) Providing technical assistance and training to State

domestic violence coalitions.

(d) Eligibility

To be eligible to receive a grant under this section an entity

shall be a private nonprofit organization that -

(1) focuses primarily on domestic violence;

(2) provides documentation to the Secretary demonstrating

experience working directly on issues of domestic violence,

particularly in the specific subject area for which it is

applying;

(3) include on its advisory boards representatives from

domestic violence programs in the region who are geographically

and culturally diverse; and

(4) demonstrate the strong support of domestic violence

advocates from across the country and the region for their

designation as the national or a special issue resource center.

(e) Reporting

Not later than 6 months after receiving a grant under this

section, a grantee shall prepare and submit a report to the

Secretary that evaluates the effectiveness of the use of amounts

received under such grant by such grantee and containing such

additional information as the Secretary may prescribe.

(f) "Indian tribal agency" defined

For purposes of this section, the term "Indian tribal agency"

means an Indian tribe or tribal organization, as defined in section

450b of title 25.

(g) Regulations

Not later than 90 days after May 28, 1992, the Secretary shall

publish proposed regulations implementing this section. Not later

than 120 days after May 28, 1992, the Secretary shall publish final

regulations.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 308, Oct. 9, 1984, 98 Stat. 1761;

Pub. L. 102-295, title III, Sec. 315, May 28, 1992, 106 Stat. 204;

Pub. L. 103-322, title IV, Sec. 40272(b), Sept. 13, 1994, 108 Stat.

1937.)

-COD-

CODIFICATION

May 28, 1992, referred to in subsec. (g), was in the original

"the date of enactment of this section" and "such date of

enactment", which were translated as meaning the date of enactment

of Pub. L. 102-295, which amended this section generally, to

reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-322, Sec. 40272(b)(1),

substituted "seven" for "six" before "special issue resource

centers".

Subsec. (c)(6). Pub. L. 103-322, Sec. 40272(b)(2)(A), inserted

before period at end ", including the issuance and enforcement of

protection orders".

Subsec. (c)(7). Pub. L. 103-322, Sec. 40272(b)(2)(B), added par.

(7).

1992 - Pub. L. 102-295 amended section generally, substituting

provisions relating to information and technical assistance centers

for provisions relating to operation of national information and

research clearinghouse on prevention of family violence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10409, 10412 of this

title.

-End-

-CITE-

42 USC Sec. 10408 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10408. Definitions

-STATUTE-

As used in this chapter:

(1) The term "family violence" means any act or threatened act

of violence, including any forceful detention of an individual,

which -

(A) results or threatens to result in physical injury; and

(B) is committed by a person against another individual

(including an elderly person) to whom such person is or was

related by blood or marriage or otherwise legally related or

with whom such person is or was lawfully residing.

(2) The terms "Indian tribe" and "tribal organization" have the

same meanings given such terms in subsections (b) and (c),

respectively, of section 450b (!1) of title 25.

(3) The terms (!2) "Secretary" means the Secretary of Health

and Human Services.

(4) The terms (!2) "shelter" means the provision of temporary

refuge and related assistance in compliance with applicable State

law and regulation governing the provision, on a regular basis,

of shelter, safe homes, meals, and related assistance to victims

of family violence and their dependents.

(5) The term "related assistance" means the provision of direct

assistance to victims of family violence and their dependents for

the purpose of preventing further violence, helping such victims

to gain access to civil and criminal courts and other community

services, facilitating the efforts of such victims to make

decisions concerning their lives in the interest of safety, and

assisting such victims in healing from the effects of the

violence. Related assistance shall include -

(A) prevention services such as outreach and prevention

services for victims and their children, employment training,

parenting and other educational services for victims and their

children, preventive health services within domestic violence

programs (including nutrition, disease prevention, exercise,

and prevention of substance abuse), domestic violence

prevention programs for school age children, family violence

public awareness campaigns, and violence prevention counseling

services to abusers;

(B) counseling with respect to family violence, counseling or

other supportive services by peers individually or in groups,

and referral to community social services;

(C) transportation, technical assistance with respect to

obtaining financial assistance under Federal and State

programs, and referrals for appropriate health-care services

(including alcohol and drug abuse treatment), but shall not

include reimbursement for any health-care services;

(D) legal advocacy to provide victims with information and

assistance through the civil and criminal courts, and legal

assistance; or

(E) children's counseling and support services, and child

care services for children who are victims of family violence

or the dependents of such victims.

(6) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, and,

except as otherwise provided, Guam, American Samoa, the Virgin

Islands, the Northern Mariana Islands, and the Trust Territory of

the Pacific Islands.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 309, Oct. 9, 1984, 98 Stat. 1762;

Pub. L. 102-295, title III, Sec. 311(b), May 28, 1992, 106 Stat.

203; Pub. L. 103-322, title IV, Sec. 40272(a), Sept. 13, 1994, 108

Stat. 1937.)

-REFTEXT-

REFERENCES IN TEXT

Section 450b of title 25, referred to in par. (2), has been

amended, and subsecs. (b) and (c) of section 450b no longer define

the terms "Indian tribe" and "tribal organization". However, such

terms are defined elsewhere in that section.

-MISC1-

AMENDMENTS

1994 - Par. (5)(B). Pub. L. 103-322 inserted "or other supportive

services" before "by peers".

1992 - Par. (5). Pub. L. 102-295 amended par. (5) generally.

Prior to amendment, par. (5) read as follows: "The term 'related

assistance' -

"(A) includes counseling and self-help services to abusers,

victims, and dependents in family violence situations (which

shall include counseling of all family members to the extent

feasible) and referrals for appropriate health-care services

(including alcohol and drug abuse treatment), and

"(B) may include food, clothing, child care, transportation,

and emergency services (but not reimbursement for any health-care

services) for victims of family violence and their dependents."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 10402 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "term".

-End-

-CITE-

42 USC Sec. 10409 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10409. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this chapter

$175,000,000 for each of fiscal years 2001 through 2005.

(b) Section 10402(a) and (b)

Of the amounts appropriated under subsection (a) of this section

for each fiscal year, not less than 70 percent shall be used for

making grants under subsection 10402(a) of this title, and not less

than 10 percent shall be used for the purpose of carrying out

section 10402(b) of this title.

(c) Section 10407

Of the amounts appropriated under subsection (a) of this section

for each fiscal year, 5 percent shall be used by the Secretary for

making grants under section 10407 of this title.

(d) Grants for State coalitions

Of the amounts appropriated under subsection (a) of this section

for each fiscal year, not less than 10 percent of such amounts

shall be used by the Secretary for making grants under section

10410 of this title.

(e) Non-supplanting requirement

Federal funds made available to a State under this chapter shall

be used to supplement and not supplant other Federal, State, and

local public funds expended to provide services and activities that

promote the purposes of this chapter.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 310, Oct. 9, 1984, 98 Stat. 1763;

Pub. L. 100-294, title III, Sec. 301, Apr. 25, 1988, 102 Stat. 124;

Pub. L. 102-295, title III, Sec. 316, May 28, 1992, 106 Stat. 206;

Pub. L. 103-322, title IV, Sec. 40241, Sept. 13, 1994, 108 Stat.

1934; Pub. L. 104-235, title II, Sec. 203, Oct. 3, 1996, 110 Stat.

3089; Pub. L. 106-386, div. B, title II, Sec. 1202(a), Oct. 28,

2000, 114 Stat. 1505.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386 reenacted heading without

change and amended text of subsec. (a) generally. Prior to

amendment, text read as follows: "There are authorized to be

appropriated to carry out this chapter -

"(1) $50,000,000 for fiscal year 1996;

"(2) $60,000,000 for fiscal year 1997;

"(3) $70,000,000 for fiscal year 1998;

"(4) $72,500,000 for fiscal year 1999; and

"(5) $72,500,000 for fiscal year 2000."

1996 - Subsec. (b). Pub. L. 104-235, Sec. 203(1), substituted "70

percent" for "80 percent".

Subsecs. (d), (e). Pub. L. 104-235, Sec. 203(2), added subsecs.

(d) and (e).

1994 - Subsec. (a). Pub. L. 103-322 amended heading and text of

subsec. (a) generally. Prior to amendment, text read as follows:

"There are authorized to be appropriated to carry out the

provisions of sections 10402 through 10408 of this title and

section 10413 of this title, $60,000,000 for fiscal year 1992, and

such sums as may be necessary for each of the fiscal years 1993

through 1995."

1992 - Pub. L. 102-295 amended section generally. Prior to

amendment, section read as follows:

"(a) There are authorized to be appropriated to carry out the

provisions of this chapter $11,000,000 for fiscal year 1985,

$26,000,000 for each of the fiscal years 1986 and 1987, $26,000,000

for fiscal year 1988, and such sums as may be necessary for each of

the fiscal years 1989, 1990, and 1991.

"(b) Of the sums appropriated under subsection (a) of this

section for any fiscal year, not less than 85 percent shall be used

by the Secretary for making grants under section 10402 of this

title.

"(c) The Secretary shall ensure that funds appropriated pursuant

to authorizations in this chapter shall remain available until

expended for the purposes for which they were appropriated."

1988 - Subsec. (a). Pub. L. 100-294, Sec. 301(a), substituted

"1985," for "1985 and" and inserted ", $26,000,000 for fiscal year

1988, and such sums as may be necessary for each of the fiscal

years 1989, 1990, and 1991" after "1987" before period at end.

Subsec. (c). Pub. L. 100-294, Sec. 301(b), added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10403, 10415 of this

title.

-End-

-CITE-

42 USC Sec. 10410 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10410. Grants for State domestic violence coalitions

-STATUTE-

(a) In general

The Secretary shall award grants for the funding of State

domestic violence coalitions. Such coalitions shall further the

purposes of domestic violence intervention and prevention through

activities, including -

(1) working with local domestic violence programs and providers

of direct services to encourage appropriate responses to domestic

violence within the State, including -

(A) training and technical assistance for local programs and

professionals working with victims of domestic violence;

(B) planning and conducting State needs assessments and

planning for comprehensive services;

(C) serving as an information clearinghouse and resource

center for the State; and

(D) collaborating with other governmental systems which

affect battered women;

(2) working with judicial and law enforcement agencies to

encourage appropriate responses to domestic violence cases and

examine issues including -

(A) the inappropriateness of mutual protection orders;

(B) the prohibition of mediation when domestic violence is

involved;

(C) the use of mandatory arrests of accused offenders;

(D) the discouragement of dual arrests;

(E) the adoption of aggressive and vertical prosecution

policies and procedures;

(F) the use of mandatory requirements for presentence

investigations;

(G) the length of time taken to prosecute cases or reach plea

agreements;

(H) the use of plea agreements;

(I) the consistency of sentencing, including comparisons of

domestic violence crimes with other violent crimes;

(J) the restitution of victims;

(K) the use of training and technical assistance to law

enforcement, judges, court officers and other criminal justice

professionals,; (!1)

(L) the reporting practices of, and significance to be

accorded to, prior convictions (both felony and misdemeanor)

and protection orders;

(M) the use of interstate extradition in cases of domestic

violence crimes;

(N) the use of statewide and regional planning; and

(O) any other matters as the Secretary and the State domestic

violence coalitions believe merit investigations;

(3) work with family law judges,,(!1) criminal court judges,

Child Protective Services agencies, and children's advocates to

develop appropriate responses to child custody and visitation

issues in domestic violence cases as well as cases where domestic

violence and child abuse are both present, including -

(A) the inappropriateness of mutual protection orders;

(B) the prohibition of mediation where domestic violence is

involved;

(C) the inappropriate use of marital or conjoint counseling

in domestic violence cases;

(D) the use of training and technical assistance for family

law judges, criminal court judges, and court personnel;

(E) the presumption of custody to domestic violence victims;

(F) the use of comprehensive protection orders to grant

fullest protections possible to victims of domestic violence,

including temporary custody support and maintenance;

(G) the development by Child Protective Service of supportive

responses that enable victims to protect their children;

(H) the implementation of supervised visitations or denial of

visitation to protect against danger to victims or their

children; and

(I) the possibility of permitting domestic violence victims

to remove children from the State when the safety of the

children or the victim is at risk;

(4) conduct public education campaigns regarding domestic

violence through the use of public service announcements and

informative materials that are designed for print media,

billboards, public transit advertising, electronic broadcast

media, and other vehicles for information that shall inform the

public concerning domestic violence, including information aimed

at underserved racial, ethnic or language-minority populations;

and

(5) participate in planning and monitoring of the distribution

of grants and grant funds to their State under section 10402(a)

of this title.

(b) Eligibility

To be eligible for a grant under this section, an entity shall be

a statewide nonprofit State domestic violence coalition meeting the

following conditions:

(1) The membership of the coalition includes representatives

from a majority of the programs for victims of domestic violence

in the State.

(2) The board membership of the coalition is representative of

such programs.

(3) The purpose of the coalition is to provide services,

community education, and technical assistance to such programs to

establish and maintain shelter and related services for victims

of domestic violence and their children.

(4) In the application submitted by the coalition for the

grant, the coalition provides assurances satisfactory to the

Secretary that the coalition -

(A) has actively sought and encouraged the participation of

law enforcement agencies and other legal or judicial entities

in the preparation of the application; and

(B) will actively seek and encourage the participation of

such entities in the activities carried out with the grant.

(c) Allotment of funds

From amounts appropriated under this section for each fiscal

year, the Secretary shall allot to each State, the District of

Columbia, the Commonwealth of Puerto Rico, and the combined U.S.

Territories an amount equal to 1/53 of the amount appropriated

for such fiscal year. For purposes of this section, the term

"combined U.S. Territories" means Guam, American Samoa, the U.S.

Virgin Islands, the Northern Mariana Islands, and the Trust

Territory of the Pacific Islands and shall not receive less than

1.5 percent of the funds appropriated for each fiscal year.

(d) Prohibition on lobbying

No 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 thereof; or

(2) in connection with legislation or appropriations directly

affecting the activities of the entity.

(e) Reporting

Each State domestic violence coalition receiving amounts under

this section shall submit a report to the Secretary describing the

coordination, training and technical assistance and public

education services performed with such amounts and evaluating the

effectiveness of those services.

(f) Definition

For purposes of this section, a State domestic violence coalition

may include representatives of Indian tribes and tribal

organizations, as defined in section 450b of title 25.

(g) Authorization of appropriations

There are authorized to be appropriated to be used to award

grants under this section $8,000,000 for fiscal year 1992, and such

sums as may be necessary for each of the fiscal years 1993 through

1995.

(h) Regulations

Not later than 90 days after May 28, 1992, the Secretary shall

publish proposed regulations implementing this section. Not later

than 120 days after May 28, 1992, the Secretary shall publish final

regulations implementing this section.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 311, Oct. 9, 1984, 98 Stat. 1763;

Pub. L. 100-294, title III, Sec. 303(b), Apr. 25, 1988, 102 Stat.

125; Pub. L. 102-295, title III, Sec. 317, May 28, 1992, 106 Stat.

206; Pub. L. 103-322, title IV, Sec. 40272(c), Sept. 13, 1994, 108

Stat. 1938.)

-COD-

CODIFICATION

May 28, 1992, referred to in subsec. (h), was in the original

"the date of enactment of this section" and "such date of

enactment", which were translated as meaning the date of enactment

of Pub. L. 102-295, which amended this section generally, to

reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 40272(c)(2), added

par. (1). Former par. (1) redesignated (2).

Subsec. (a)(2). Pub. L. 103-322, Sec. 40272(c)(1), redesignated

par. (1) as (2). Former par. (2) redesignated (3).

Subsec. (a)(2)(K). Pub. L. 103-322, Sec. 40272(c)(3), substituted

", judges, court officers and other criminal justice

professionals," for "and court officials and other professionals".

Subsec. (a)(3). Pub. L. 103-322, Sec. 40272(c)(1), (4)(A),

redesignated par. (2) as (3) and inserted ", criminal court

judges," after "family law judges," in introductory provisions.

Former par. (3) redesignated (4).

Subsec. (a)(3)(D). Pub. L. 103-322, Sec. 40272(c)(4)(A), which

directed the amendment of par. (3) "by inserting ', criminal court

judges,' after 'family law judges,' each place it appears", was

executed by making the insertion after "family law judges" in

subpar. (D) to reflect the probable intent of Congress.

Subsec. (a)(3)(F). Pub. L. 103-322, Sec. 40272(c)(4)(B),

substituted "temporary custody support" for "temporary support".

Subsec. (a)(3)(H). Pub. L. 103-322, Sec. 40272(c)(4)(C), which

directed the substitution of "supervised visitations or denial of

visitation to protect against danger to victims or their children"

for "supervised visitations that do not endanger victims and their

children,", was executed by making the substitution for "supervised

visitations that do not endanger victims and their children" to

reflect the probable intent of Congress.

Subsec. (a)(4). Pub. L. 103-322, Sec. 40272(c)(1), (5),

redesignated par. (3) as (4) and inserted before semicolon ",

including information aimed at underserved racial, ethnic or

language-minority populations". Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 103-322, Sec. 40272(c)(1), redesignated

par. (4) as (5).

1992 - Pub. L. 102-295 amended section generally, substituting

provisions relating to grants for State domestic violence

coalitions for provisions relating to law enforcement training and

technical assistance grants and contracts.

1988 - Subsec. (b)(2). Pub. L. 100-294 added par. (2).

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10402, 10409, 13951 of

this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 10411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10411. Repealed. Pub. L. 100-294, title III, Sec. 303(a), Apr.

25, 1988, 102 Stat. 124

-MISC1-

Section, Pub. L. 98-457, title III, Sec. 312, Oct. 9, 1984, 98

Stat. 1763, related to authority of Secretary to carry out

provisions of this chapter, competitive awarding of grants and

contracts, and delegation of authority and transfer of funds to

Attorney General. See sections 10412(a) and 10410(b), (c) of this

title.

-End-

-CITE-

42 USC Sec. 10412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10412. Authority of Secretary; construction with State and

local law

-STATUTE-

(a) In 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 public and nonprofit private entities or

enter into contracts with public or private entities; and

(4) prescribe such regulations as are reasonably necessary in

order to carry out the purposes and provisions of this chapter.

Not later than 90 days after May 28, 1992, the Secretary shall

publish proposed regulations implementing sections 10402, 10407,

and 10414 of this title. Not later than 120 days after May 28,

1992, the Secretary shall publish final regulations implementing

such sections.

(b) Nothing in this chapter shall be construed to supersede the

application of State or local requirements for the reporting of

incidents of suspected child abuse to the appropriate State

authorities.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 312, Oct. 9, 1984, 98 Stat. 1764;

Pub. L. 102-295, title III, Sec. 318, May 28, 1992, 106 Stat. 208.)

-COD-

CODIFICATION

Another section 312 of Pub. L. 98-457, which was classified to

section 10411 of this title, was repealed by section 303(a) of Pub.

L. 100-294.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-295 inserted at end "Not later

than 90 days after May 28, 1992, the Secretary shall publish

proposed regulations implementing sections 10402, 10407, and 10414

of this title. Not later than 120 days after May 28, 1992, the

Secretary shall publish final regulations implementing such

sections."

-End-

-CITE-

42 USC Sec. 10413 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10413. Family member abuse information and documentation

project

-STATUTE-

The Secretary shall, directly or by grant or contract -

(1) develop data on the individual develop data on the number

of victims of family violence and their dependents who are

homeless or institutionalized as a result of the violence and

abuse they have experienced;

(2) provide for the objective documentation of data on the

victims of family violence and their dependents based on injuries

that are brought to the attention of domestic violence shelter,

hospital, social service, or law enforcement personnel, whether

or not formal civil or criminal action is taken; and

(3) provide assurances that procedures will be developed to

guarantee the confidentiality of records pertaining to any

individual for whom data are compiled through this subsection.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 313, as added Pub. L. 100-294,

title III, Sec. 303(c), Apr. 25, 1988, 102 Stat. 125; amended Pub.

L. 102-295, title III, Sec. 319, May 28, 1992, 106 Stat. 209.)

-MISC1-

AMENDMENTS

1992 - Par. (1). Pub. L. 102-295 substituted "develop data on the

number of victims of family violence and their dependents who are

homeless or institutionalized as a result of the violence and abuse

they have experienced" for "characteristics relating to family

violence".

-End-

-CITE-

42 USC Sec. 10414 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10414. Grants for public information campaigns

-STATUTE-

(a) In general

The Secretary may make grants to public or private nonprofit

entities to provide public information campaigns regarding domestic

violence through the use of public service announcements and

informative materials that are designed for print media,

billboards, public transit advertising, electronic broadcast media,

and other vehicles for information that shall inform the public

concerning domestic violence.

(b) Application

No grant, contract, or cooperative agreement shall be made or

entered into under this section unless an application that meets

the requirements of subsection (c) of this section has been

approved by the Secretary.

(c) Requirements

An application submitted under subsection (b) of this section

shall -

(1) provide such agreements, assurances, and information, be in

such form and be submitted in such manner as the Secretary shall

prescribe through notice in the Federal Register, including a

description of how the proposed public information campaign will

target the population at risk, including pregnant women;

(2) include a complete description of the plan of the

application for the development of a public information campaign;

(3) identify the specific audiences that will be educated,

including communities and groups with the highest prevalence of

domestic violence;

(4) identify the media to be used in the campaign and the

geographic distribution of the campaign;

(5) describe plans to test market a development plan with a

relevant population group and in a relevant geographic area and

give assurance that effectiveness criteria will be implemented

prior to the completion of the final plan that will include an

evaluation component to measure the overall effectiveness of the

campaign;

(6) describe the kind, amount, distribution, and timing of

informational messages and such other information as the

Secretary may require, with assurances that media organizations

and other groups with which such messages are placed will not

lower the current frequency of public service announcements; and

(7) contain such other information as the Secretary may

require.

(d) Use

A grant, contract, or agreement made or entered into under this

section shall be used for the development of a public information

campaign that may include public service announcements, paid

educational messages for print media, public transit advertising,

electronic broadcast media, and any other mode of conveying

information that the Secretary determines to be appropriate.

(e) Criteria

The criteria for awarding grants shall ensure that an applicant -

(1) will conduct activities that educate communities and groups

at greatest risk;

(2) has a record of high quality campaigns of a comparable

type; and

(3) has a record of high quality campaigns that educate the

population groups identified as most at risk.

(f) Inclusion of representatives of Indians

For purposes of this section, the term "public or private

nonprofit entity" includes an "Indian tribe" or "tribal

organization", as defined in section 450b of title 25.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 314, as added Pub. L. 102-295,

title III, Sec. 320, May 28, 1992, 106 Stat. 209.)

-EXEC-

FEDERAL EMPLOYEE DOMESTIC VIOLENCE AWARENESS CAMPAIGN

Memorandum of President of the United States, Oct. 2, 1995, 60

F.R. 52821, provided:

Memorandum for Heads of Executive Departments and Agencies

Domestic violence is not a private, family dispute that affects

only the people involved. Domestic violence is violent criminal

activity that affects us all, regardless of race, income, or age,

in every community in this country. It means higher health care

costs, increased absenteeism, and declining productivity. It

destroys families, relationships, and lives. More importantly, it

tears at the moral fabric of who we are and undermines the very

institution that has been the cornerstone of our country: the

family.

In passing the Violence Against Women Act [probably means the

Violence Against Women Act of 1994, title IV of Pub. L. 103-322,

see Tables for classification] as part of the Violent Crime Control

Act ("VCCA") [probably means the Violent Crime Control and Law

Enforcement Act of 1994, Pub. L. 103-322, see Tables for

classification] last year, the Congress recognized the seriousness

of the problem of domestic violence. This new law combines tough

new penalties with programs to prosecute offenders and help women

victims. In the last year, every State has received a down payment

of $426,000 in grants to help train prosecutors, police, and

service providers in combatting the problem of domestic violence.

Moreover, because of the VCCA, every State will now ensure that

women who have been assaulted will not have to pay for their

medical examinations resulting from rape and other acts of

violence.

Throughout October, National Domestic Violence Awareness Month,

business, labor, law enforcement, public health, and civic

organizations will be working to increase our understanding of this

problem and create solutions that can save lives. I believe the

Federal Government has a responsibility to be a leader in this

effort.

Today, I am directing that executive departments and agencies

institute employee awareness campaigns on domestic violence. Within

the next 6 months, you should implement a program to promote

Federal employee awareness of the problem of domestic violence and

the programs and resources that are available for victims. I

support and encourage the initial plans made by the Justice

Department, which include the production of a resource manual and a

poster, and the scheduling of a Violence Against Women Information

Fair on October 30, 1995. This fair will include speakers, artwork,

and exhibits.

We have a responsibility to assist all victims of domestic

violence and their families trapped in a cycle of violence with no

sense of where to turn. Often, victims will not report their

circumstances to the public, but they may turn to coworkers for

help. Thus, by providing information to all Federal workers on the

programs available, we can make a contribution to the effort to

protect women from abuse and reduce the level of violence in

America.

The Director of the Office Management and Budget is authorized

and directed to publish this memorandum in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10412 of this title.

-End-

-CITE-

42 USC Sec. 10415 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10415. Model State leadership grants for domestic violence

intervention

-STATUTE-

(a) In general

The Secretary, in cooperation with the Attorney General, shall

award grants to not more than 10 States to assist such States in

becoming model demonstration States and in meeting the costs of

improving State leadership concerning activities that will -

(1) increase the number of prosecutions for domestic violence

crimes;

(2) encourage the reporting of incidences of domestic violence;

and

(3) facilitate "arrests and aggressive" prosecution policies.

(b) Designation as model State

To be designated as a model State under subsection (a) of this

section, a State shall have in effect -

(1) a law that requires mandatory arrest of a person that

police have probable cause to believe has committed an act of

domestic violence or probable cause to believe has violated an

outstanding civil protection order;

(2) a law or policy that discourages "dual" arrests;

(3) statewide prosecution policies that -

(A) authorize and encourage prosecutors to pursue cases where

a criminal case can be proved, including proceeding without the

active involvement of the victim if necessary; and

(B) implement model projects that include either -

(i) a "no-drop" prosecution policy; or

(ii) a vertical prosecution policy; and

(C) limit diversion to extraordinary cases, and then only

after an admission before a judicial officer has been entered;

(4) statewide guidelines for judges that -

(A) reduce the automatic issuance of mutual restraining or

protective orders in cases where only one spouse has sought a

restraining or protective order;

(B) discourage custody or joint custody orders by spouse

abusers; and

(C) encourage the understanding of domestic violence as a

serious criminal offense and not a trivial dispute; and

(5) develop and disseminate methods to improve the criminal

justice system's response to domestic violence to make existing

remedies as easily available as possible to victims of domestic

violence, including reducing delay, eliminating court fees, and

providing easily understandable court forms.

(c) Authorization of appropriations

(1) In general

In addition to the funds authorized to be appropriated under

section 10409 of this title, there are authorized to be

appropriated to make grants under this section $25,000,000 for

fiscal year 1992, and such sums as may be necessary for each of

the fiscal years 1993 through 1995.

(2) Limitation

A grant may not be made under this section in an amount less

than $2,000,000.

(3) Delegation and transfer

The Secretary shall delegate to the Attorney General the

Secretary's responsibilities for carrying out this section and

shall transfer to the Attorney General the funds appropriated

under this section for the purpose of making grants under this

section.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 315, as added Pub. L. 102-295,

title III, Sec. 321, May 28, 1992, 106 Stat. 210.)

-End-

-CITE-

42 USC Sec. 10416 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10416. National domestic violence hotline grant

-STATUTE-

(a) In general

The Secretary may award a grant to a private, nonprofit entity to

provide for the operation of a national, toll-free telephone

hotline to provide information and assistance to victims of

domestic violence.

(b) Duration

A grant under this section may extend over a period of not more

than 5 years.

(c) Annual approval

The provision of payments under a grant under this section shall

be subject to annual approval by the Secretary and subject to the

availability of appropriations for each fiscal year to make the

payments.

(d) Activities

Funds received by an entity under this section shall be used to

establish and operate a national, toll-free telephone hotline to

provide information and assistance to victims of domestic violence.

In establishing and operating the hotline, a private, nonprofit

entity shall -

(1) contract with a carrier for the use of a toll-free

telephone line;

(2) employ, train, and supervise personnel to answer incoming

calls and provide counseling and referral services to callers on

a 24-hour-a-day basis;

(3) assemble and maintain a current database of information

relating to services for victims of domestic violence to which

callers may be referred throughout the United States, including

information on the availability of shelters that serve battered

women; and

(4) publicize the hotline to potential users throughout the

United States.

(e) Application

A grant may not be made under this section unless an application

for such grant has been approved by the Secretary. To be approved

by the Secretary under this subsection an application shall -

(1) contain such agreements, assurances, and information, be in

such form and be submitted in such manner as the Secretary shall

prescribe through notice in the Federal Register;

(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;

(B) the hiring criteria 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 hotline personnel who speak Spanish; and

(F) a plan for facilitating access to the hotline by persons

with hearing impairments;

(3) demonstrate that the applicant has nationally recognized

expertise in the area of domestic violence and a record of high

quality service to victims of domestic violence, including a

demonstration of support from advocacy groups, such as domestic

violence State coalitions or recognized national domestic

violence groups;

(4) demonstrates that the applicant has a commitment to

diversity, and to the provision of services to ethnic, racial,

and non-English speaking minorities, in addition to older

individuals and individuals with disabilities; and

(5) contain such other information as the Secretary may

require.

(f) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section $2,000,000 for each of fiscal years 2001 through 2005.

(2) Availability

Funds authorized to be appropriated under paragraph (1) shall

remain available until expended.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 316, as added Pub. L. 103-322,

title IV, Sec. 40211, Sept. 13, 1994, 108 Stat. 1925; amended Pub.

L. 106-386, div. B, title II, Sec. 1204, Oct. 28, 2000, 114 Stat.

1507.)

-MISC1-

AMENDMENTS

2000 - Subsec. (f)(1). Pub. L. 106-386 added par. (1) and struck

out heading and text of former par. (1). Text read as follows:

"There are authorized to be appropriated to carry out this section

-

"(A) $1,000,000 for fiscal year 1995;

"(B) $400,000 for fiscal year 1996;

"(C) $400,000 for fiscal year 1997;

"(D) $400,000 for fiscal year 1998;

"(E) $400,000 for fiscal year 1999; and

"(F) $400,000 for fiscal year 2000."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 10417 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10417. Youth education and domestic violence

-STATUTE-

(a) General purpose

For purposes of this section, the Secretary may, in consultation

with the Secretary of Education, select, implement and evaluate 4

model programs for education of young people about domestic

violence and violence among intimate partners.

(b) Nature of program

The Secretary shall select, implement and evaluate separate model

programs for 4 different audiences: primary schools, middle

schools, secondary schools, and institutions of higher education.

The model programs shall be selected, implemented, and evaluated in

consultation with educational experts, legal and psychological

experts on battering, and victim advocate organizations such as

battered women's shelters, State coalitions and resource centers.

(c) Review and dissemination

Not later than 2 years after September 13, 1994, the Secretary

shall transmit the design and evaluation of the model programs,

along with a plan and cost estimate for nationwide distribution, to

the relevant committees of Congress for review.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$400,000 for fiscal year 1996.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 317, as added Pub. L. 103-322,

title IV, Sec. 40251, Sept. 13, 1994, 108 Stat. 1935.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in Pub. L.

102-295, title III, Sec. 322, May 28, 1992, 106 Stat. 211, which

directed Secretary of Education, in consultation with Secretary of

Health and Human Services, to develop three separate programs, one

each for primary and middle schools, secondary schools, and

institutions of higher learning, for the purpose of educating young

people about domestic violence and violence among intimate

partners, further provided that such programs would be developed

with input from educational experts, law enforcement personnel,

legal and psychological experts on battering, and victim advocate

organizations, further provided that not later than 9 months after

May 28, 1992, the Secretary was to transmit model programs, along

with plan and cost estimate for nationwide distribution, to

Congress for review, and further provided appropriation of $200,000

for fiscal year 1992, to carry out these functions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 10418 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10418. Demonstration grants for community initiatives

-STATUTE-

(a) In general

The Secretary shall provide grants to nonprofit private

organizations to establish projects in local communities involving

many sectors of each community to coordinate intervention and

prevention of domestic violence.

(b) Eligibility

To be eligible for a grant under this section, an entity -

(1) shall be a nonprofit organization organized for the purpose

of coordinating community projects for the intervention in and

prevention of domestic violence; and

(2) shall include representatives of pertinent sectors of the

local community, which may include -

(A) health care providers;

(B) the education community;

(C) the religious community;

(D) the justice system;

(E) domestic violence program advocates;

(F) human service entities such as State child services

divisions;

(G) business and civic leaders; and

(H) other pertinent sectors.

(c) Applications

An organization that desires to receive a grant under this

section shall submit to the Secretary an application, in such form

and in such manner as the Secretary shall prescribe through notice

in the Federal Register, that -

(1) demonstrates that the applicant will serve a community

leadership function, bringing together opinion leaders from each

sector of the community to develop a coordinated community

consensus opposing domestic violence;

(2) demonstrates a community action component to improve and

expand current intervention and prevention strategies through

increased communication and coordination among all affected

sectors;

(3) includes a complete description of the applicant's plan for

the establishment and operation of the community project,

including a description of -

(A) the method for identification and selection of an

administrative committee made up of persons knowledgeable in

domestic violence to oversee the project, hire staff, assure

compliance with the project outline, and secure annual

evaluation of the project;

(B) the method for identification and selection of project

staff and a project evaluator;

(C) the method for identification and selection of a project

council consisting of representatives of the community sectors

listed in subsection (b)(2) of this section;

(D) the method for identification and selection of a steering

committee consisting of representatives of the various

community sectors who will chair subcommittees of the project

council focusing on each of the sectors; and

(E) a plan for developing outreach and public education

campaigns regarding domestic violence; and

(4) contains such other information, agreements, and assurances

as the Secretary may require.

(d) Term

A grant provided under this section may extend over a period of

not more than 3 fiscal years.

(e) Conditions on payment

Payments under a grant under this section shall be subject to -

(1) annual approval by the Secretary; and

(2) availability of appropriations.

(f) Geographical dispersion

The Secretary shall award grants under this section to

organizations in communities geographically dispersed throughout

the country.

(g) Use of grant monies

(1) In general

A grant made under subsection (a) of this section shall be used

to establish and operate a community project to coordinate

intervention and prevention of domestic violence.

(2) Requirements

In establishing and operating a project, a nonprofit private

organization shall -

(A) establish protocols to improve and expand domestic

violence intervention and prevention strategies among all

affected sectors;

(B) develop action plans to direct responses within each

community sector that are in conjunction with development in

all other sectors; and

(C) provide for periodic evaluation of the project with a

written report and analysis to assist application of this

concept in other communities.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$6,000,000 for each of fiscal years 2001 through 2005.

(i) Regulations

Not later than 60 days after September 13, 1994, the Secretary

shall publish proposed regulations implementing this section. Not

later than 120 days after September 13, 1994, the Secretary shall

publish final regulations implementing this section.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 318, as added Pub. L. 103-322,

title IV, Sec. 40261, Sept. 13, 1994, 108 Stat. 1935; amended Pub.

L. 105-392, title IV, Sec. 407(a), Nov. 13, 1998, 112 Stat. 3589;

Pub. L. 106-386, div. B, title IV, Sec. 1403, Oct. 28, 2000, 114

Stat. 1514.)

-MISC1-

AMENDMENTS

2000 - Subsec. (h). Pub. L. 106-386 added subsec. (h) and struck

out heading and text of former subsec. (h). Text read as follows:

"There are authorized to be appropriated to carry out this section

-

"(1) $4,000,000 for fiscal year 1996; and

"(2) $6,000,000 for for each of the fiscal years 1997 through

2002."

1998 - Subsec. (h)(2). Pub. L. 105-392 substituted "for each of

the fiscal years 1997 through 2002" for "fiscal year 1997".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 10419 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10419. Transitional housing assistance

-STATUTE-

(a) In general

The Secretary shall award grants under this section to carry out

programs to provide assistance to individuals, 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; and

(2) for whom emergency shelter services are unavailable or

insufficient.

(b) Assistance described

Assistance provided under this section may include -

(1) 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, in cases in

which assistance described in this paragraph is necessary to

prevent homelessness because an individual or dependent is

fleeing a situation of domestic violence; and

(2) support services designed to enable an individual or

dependent who is fleeing a situation of domestic violence to

locate and secure permanent housing, and to integrate the

individual or dependent into a community, such as transportation,

counseling, child care services, case management, employment

counseling, and other assistance.

(c) Term of assistance

(1) In general

Subject to paragraph (2), an individual or dependent assisted

under this section may not receive assistance under this section

for a total of more than 12 months.

(2) Waiver

The recipient of a grant under this section may waive the

restrictions of paragraph (1) for up to an additional 6-month

period with respect to any individual (and dependents of the

individual) who has made a good-faith effort to acquire permanent

housing and has been unable to acquire the housing.

(d) Reports

(1) Report to Secretary

(A) In general

An entity that receives a grant under this section shall

annually prepare and submit to the Secretary a report

describing the number of individuals and dependents assisted,

and the types of housing assistance and support services

provided, under this section.

(B) Contents

Each report shall include information on -

(i) the purpose and amount of housing assistance provided

to each individual or dependent assisted under this section;

(ii) the number of months each individual or dependent

received the assistance;

(iii) the number of individuals and dependents who were

eligible to receive the assistance, and to whom the entity

could not provide the assistance solely due to a lack of

available housing; and

(iv) the type of support services provided to each

individual or dependent assisted under this section.

(2) Report to Congress

The Secretary 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 reports

submitted under paragraph (1).

(e) Evaluation, monitoring, and administration

Of the amount appropriated under subsection (f) of this section

for each fiscal year, not more than 1 percent shall be used by the

Secretary for evaluation, monitoring, and administrative costs

under this section.

(f) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$25,000,000 for fiscal year 2001.

-SOURCE-

(Pub. L. 98-457, title III, Sec. 319, as added Pub. L. 106-386,

div. B, title II, Sec. 1203, Oct. 28, 2000, 114 Stat. 1506.)

-End-

-CITE-

42 USC Sec. 10420 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES

-HEAD-

Sec. 10420. Safe havens for children pilot program

-STATUTE-

(a) In general

The Attorney General may award grants to States, units of local

government, and Indian tribal governments that propose to enter

into or expand the scope of existing contracts and cooperative

agreements with public or private nonprofit entities to provide

supervised visitation and safe visitation exchange of children by

and between parents in situations involving domestic violence,

child abuse, sexual assault, or stalking.

(b) Considerations

In awarding grants under subsection (a) of this section, the

Attorney General shall take into account -

(1) the number of families to be served by the proposed

visitation programs and services;

(2) the extent to which the proposed supervised visitation

programs and services serve underserved populations (as defined

in section 3796gg-2 of this title);

(3) with respect to an applicant for a contract or cooperative

agreement, the extent to which the applicant demonstrates

cooperation and collaboration with nonprofit, nongovernmental

entities in the local community served, including the State or

tribal domestic violence coalition, State or tribal sexual

assault coalition, local shelters, and programs for domestic

violence and sexual assault victims; and

(4) the extent to which the applicant demonstrates coordination

and collaboration with State and local court systems, including

mechanisms for communication and referral.

(c) Applicant requirements

The Attorney General shall award grants for contracts and

cooperative agreements to applicants that -

(1) demonstrate expertise in the area of family violence,

including the areas of domestic violence or sexual assault, as

appropriate;

(2) ensure that any fees charged to individuals for use of

programs and services are based on the income of those

individuals, unless otherwise provided by court order;

(3) demonstrate that adequate security measures, including

adequate facilities, procedures, and personnel capable of

preventing violence, are in place for the operation of supervised

visitation programs and services or safe visitation exchange; and

(4) prescribe standards by which the supervised visitation or

safe visitation exchange will occur.

(d) Reporting

(1) In general

Not later than 1 year after the last day of the first fiscal

year commencing on or after October 28, 2000, and not later than

180 days after the last day of each fiscal year thereafter, the

Attorney General shall submit to Congress a report that includes

information concerning -

(A) the number of -

(i) individuals served and the number of individuals turned

away from visitation programs and services and safe

visitation exchange (categorized by State);

(ii) the number of individuals from underserved populations

served and turned away from services; and

(iii) the type of problems that underlie the need for

supervised visitation or safe visitation exchange, such as

domestic violence, child abuse, sexual assault, other

physical abuse, or a combination of such factors;

(B) the numbers of supervised visitations or safe visitation

exchanges ordered under this section during custody

determinations under a separation or divorce decree or

protection order, through child protection services or other

social services agencies, or by any other order of a civil,

criminal, juvenile, or family court;

(C) the process by which children or abused partners are

protected during visitations, temporary custody transfers, and

other activities for which supervised visitation is established

under this section;

(D) safety and security problems occurring during the

reporting period during supervised visitation under this

section, including the number of parental abduction cases; and

(E) the number of parental abduction cases in a judicial

district using supervised visitation programs and services

under this section, both as identified in criminal prosecution

and custody violations.

(2) Guidelines

The Attorney General shall establish guidelines for the

collection and reporting of data under this subsection.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$15,000,000 for each of fiscal years 2001 and 2002.

(f) Allotment for Indian tribes

Not less than 5 percent of the total amount made available for

each fiscal year to carry out this section shall be available for

grants to Indian tribal governments.

-SOURCE-

(Pub. L. 106-386, div. B, title III, Sec. 1301, Oct. 28, 2000, 114

Stat. 1509.)

-COD-

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 the Family Violence

Prevention and Services Act which comprises this chapter.

-CROSS-

DEFINITIONS

For definitions of "domestic violence" and "sexual assault" used

in this section, see section 1002 of Pub. L. 106-386, set out as a

note under section 3796gg-2 of this title.

-End-